13-823. Dangerous and repeat enterprise
offenders; fines
A. Whether or not an enterprise maintains an effective program to prevent and
detect violations of law pursuant to section 13-822, the court may subject an enterprise
to five times the maximum fine authorized by section 13-803 if based on any evidence that
was introduced before sentencing or that was heard at trial the court finds by a
preponderance of the evidence that any of the following applies to the commission of the
offense:
1. The offense violated a judicial or administrative order or injunction, other
than a violation of a condition of probation or that the enterprise or a separately
managed line of business violated a condition of probation by engaging in misconduct
similar to that for which it was placed on probation.
2. The offense involved conduct that was malicious or wanton.
3. The offense involved conduct that posed an imminent and substantial hazard to
human health or to the environment or resulted in serious actual harm to human health or
to the environment and the enterprise continued the conduct after receiving notice.
B. For the purposes of this section, an enterprise is deemed to have received
notice if an officer, director or high managerial agent has actual knowledge that the
enterprise is engaging in the conduct that constitutes a violation of law and the
officer, director or high managerial agent knows or is recklessly indifferent to the fact
that the conduct is or may be harmful.
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