Sen. Don Harmon

Filed: 5/30/2017

 

 


 

 


 
10000HB0303sam001LRB100 05313 SLF 27340 a

1
AMENDMENT TO HOUSE BILL 303

2    AMENDMENT NO. ______. Amend House Bill 303 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Seizure and Forfeiture Reporting Act.
 
6    Section 5. Applicability. This Act is applicable to
7property seized or forfeited under the following provisions of
8law:
9        (1) Section 3.23 of the Illinois Food, Drug and
10    Cosmetic Act;
11        (2) Section 44.1 of the Environmental Protection Act;
12        (3) Section 105-55 of the Herptiles-Herps Act;
13        (4) Section 1-215 of the Fish and Aquatic Life Code;
14        (5) Section 1.25 of the Wildlife Code;
15        (6) Section 17-10.6 of the Criminal Code of 2012
16    (financial institution fraud);

 

 

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1        (7) Section 28-5 of the Criminal Code of 2012
2    (gambling);
3        (8) Article 29B of the Criminal Code of 2012 (money
4    laundering);
5        (9) Article 33G of the Criminal Code of 2012 (Illinois
6    Street Gang and Racketeer Influenced And Corrupt
7    Organizations Law);
8        (10) Article 36 of the Criminal Code of 2012 (seizure
9    and forfeiture of vessels, vehicles, and aircraft);
10        (11) Section 47-15 of the Criminal Code of 2012
11    (dumping garbage upon real property);
12        (12) Article 124B of the Code of Criminal procedure
13    (forfeiture);
14        (13) Drug Asset Forfeiture Procedure Act;
15        (14) Narcotics Profit Forfeiture Act;
16        (15) Illinois Streetgang Terrorism Omnibus Prevention
17    Act; and
18        (16) Illinois Securities Law of 1953.
 
19    Section 10. Reporting by law enforcement agency.
20    (a) Each law enforcement agency that seizes property
21subject to reporting under this Act shall report the following
22information about property seized or forfeited under State law:
23        (1) the name of the law enforcement agency that seized
24    the property;
25        (2) the date of the seizure;

 

 

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1        (3) the type of property seized, including a building,
2    vehicle, boat, cash, negotiable security, or firearm,
3    except reporting is not required for seizures of contraband
4    including alcohol, gambling devices, drug paraphernalia,
5    and controlled substances;
6        (4) a description of the property seized and the
7    estimated value of the property and if the property is a
8    conveyance, the description shall include the make, model,
9    year, and vehicle identification number or serial number;
10    and
11        (5) the location where the seizure occurred.
12    The filing requirement shall be met upon filing the form
134-64 with the State's Attorney's Office in the county where the
14forfeiture action is being commenced or with the Attorney
15General's Office if the forfeiture action is being commenced by
16that office, and the forwarding of the form 4-64 upon approval
17of the State's Attorney's Office or the Attorney General's
18Office to the Department of State Police Asset Forfeiture
19Section. With regard to seizures for which form 4-64 is not
20required to be filed, the filing requirement shall be met by
21the filing of an annual summary report with the Department of
22State Police no later than 60 days after December 31 of that
23year.
24    (b) Each law enforcement agency, including a drug task
25force or Metropolitan Enforcement Group (MEG) unit, that
26receives proceeds from forfeitures subject to reporting under

 

 

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1this Act shall file an annual report with the Department of
2State Police no later than 60 days after December 31 of that
3year. The format of the report shall be developed by the
4Department of State Police and shall be completed by the law
5enforcement agency. The report shall include, at a minimum, the
6amount of funds and other property distributed to the law
7enforcement agency by the Department of State Police, the
8amount of funds expended by the law enforcement agency, and the
9category of expenditure, including:
10        (1) crime, gang, or abuse prevention or intervention
11    programs;
12        (2) compensation or services for crime victims;
13        (3) witness protection, informant fees, and controlled
14    purchases of contraband;
15        (4) salaries, overtime, and benefits, as permitted by
16    law;
17        (5) operating expenses, including but not limited to,
18    capital expenditures for vehicles, firearms, equipment,
19    computers, furniture, office supplies, postage, printing,
20    membership fees paid to trade associations, and fees for
21    professional services including auditing, court reporting,
22    expert witnesses, and attorneys;
23        (6) travel, meals, entertainment, conferences,
24    training, and continuing education seminars; and
25        (7) other expenditures of forfeiture proceeds.
26    (c) The Department of State Police shall establish and

 

 

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1maintain on its official website a public database that
2includes annual aggregate data for each law enforcement agency
3that reports seizures of property under subsection (a) of this
4Section, that receives distributions of forfeiture proceeds
5subject to reporting under this Act, or reports expenditures
6under subsection (b) of this Section. This aggregate data shall
7include, for each law enforcement agency:
8        (1) the total number of asset seizures reported by each
9    law enforcement agency during the calendar year;
10        (2) the monetary value of all currency or its
11    equivalent seized by the law enforcement agency during the
12    calendar year;
13        (3) the number of conveyances seized by the law
14    enforcement agency during the calendar year, and the
15    aggregate estimated value;
16        (4) the aggregate estimated value of all other property
17    seized by the law enforcement agency during the calendar
18    year;
19        (5) the monetary value of distributions by the
20    Department of State Police of forfeited currency or auction
21    proceeds from forfeited property to the law enforcement
22    agency during the calendar year; and
23        (6) the total amount of the law enforcement agency's
24    expenditures of forfeiture proceeds during the calendar
25    year, categorized as provided under subsection (b) of this
26    Section.

 

 

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1    The database shall not provide names, addresses, phone
2numbers, or other personally identifying information of owners
3or interest holders, persons, business entities, covert office
4locations, or business entities involved in the forfeiture
5action and shall not disclose the vehicle identification number
6or serial number of any conveyance.
7    (d) The Department of State Police shall adopt rules to
8administer the asset forfeiture program, including the
9categories of authorized expenditures consistent with the
10statutory guidelines for each of the included forfeiture
11statutes, the use of forfeited funds, other expenditure
12requirements, and the reporting of seizure and forfeiture
13information. The Department may adopt rules necessary to
14implement this Act through the use of emergency rulemaking
15under Section 5-45 of the Illinois Administrative Procedure Act
16for a period not to exceed 180 days after the effective date of
17this Act.
18    (e) The Department of State Police shall have authority and
19oversight over all law enforcement agencies receiving
20forfeited funds from the Department. This authority shall
21include enforcement of rules and regulations adopted by the
22Department and sanctions for violations of any rules and
23regulations, including the withholding of distributions of
24forfeiture proceeds from the law enforcement agency in
25violation.
26    (f) Upon application by a law enforcement agency to the

 

 

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1Department of State Police, the reporting of a particular asset
2forfeited under this Section may be delayed if the asset in
3question was seized from a person who has become a confidential
4informant under the agency's confidential informant policy, or
5if the asset was seized as part of an ongoing investigation.
6This delayed reporting shall be granted by the Department of
7State Police for a maximum period of 6 months if the
8confidential informant is still providing cooperation to law
9enforcement or the investigation is still ongoing, and at that
10time the asset shall be reported as required under this Act.
11    (g) The Department of State Police shall on or before
12January 1, 2019, establish and implement the requirements of
13this Act. In order to implement the reporting and public
14database requirements under this Act, the Department of State
15Police Asset Forfeiture Section requires a one-time upgrade of
16its information technology software and hardware. This
17one-time upgrade shall be funded by a temporary allocation of
185% of all forfeited currency and 5% of the auction proceeds
19from each forfeited asset, which are to be distributed after
20the effective date of this Act. The Department of State Police
21shall transfer these funds at the time of distribution to a
22separate fund established by the Department of State Police.
23Monies deposited in this fund shall be accounted for and shall
24be used only to pay for the actual one-time cost of purchasing
25and installing the hardware and software required to comply
26with this new reporting and public database requirement. Monies

 

 

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1deposited in the fund shall not be subject to re-appropriation,
2reallocation, or redistribution for any other purpose. After
3sufficient funds are transferred to the fund to cover the
4actual one-time cost of purchasing and installing the hardware
5and software required to comply with this new reporting and
6public database requirement, no additional funds shall be
7transferred to the fund for any purpose. At the completion of
8the one-time upgrade of the information technology hardware and
9software to comply with this new reporting and public database
10requirement, any remaining funds in the fund shall be returned
11to the participating agencies under the distribution
12requirements of the statutes from which the funds were
13transferred, and the fund shall no longer exist.
14    (h)(1) The Department of State Police, in consultation with
15and subject to the approval of the Chief Procurement Officer,
16may procure a single contract or multiple contracts to
17implement the provisions of this Act.
18        (2) A contract or contracts under this subsection (h)
19    are not subject to the Illinois Procurement Code, except
20    for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50
21    of that Code, provided that the Chief Procurement Officer
22    may, in writing with justification, waive any
23    certification required under Article 50 of the Illinois
24    Procurement Code. The provisions of this paragraph (2),
25    other than this sentence, are inoperative on and after July
26    1, 2019.
 

 

 

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1    Section 15. Fund audits.
2    (a) The Auditor General shall conduct as a part of its 2
3year compliance audit, an audit of the State Asset Forfeiture
4Fund for compliance with the requirements of this Act. The
5audit shall include, but not be limited to, the following
6determinations:
7        (1) if detailed records of all receipts and
8    disbursements from the State Asset Forfeiture Fund are
9    being maintained;
10        (2) if administrative costs charged to the fund are
11    adequately documented and are reasonable; and
12        (3) if the procedures for making disbursements under
13    the Act are adequate.
14    (b) The Department of State Police, and any other entity or
15person that may have information relevant to the audit, shall
16cooperate fully and promptly with the Office of the Auditor
17General in conducting the audit. The Auditor General shall
18begin the audit during the next regular two year compliance
19audit of the Department of State Police and distribute the
20report upon completion under Section 3-14 of the Illinois State
21Auditing Act.
 
22    Section 105. The Freedom of Information Act is amended by
23changing Section 7.5 as follows:
 

 

 

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1    (5 ILCS 140/7.5)
2    Sec. 7.5. Statutory exemptions. To the extent provided for
3by the statutes referenced below, the following shall be exempt
4from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other records
14    prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of
26    the Architectural, Engineering, and Land Surveying

 

 

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1    Qualifications Based Selection Act.
2        (g) Information the disclosure of which is restricted
3    and exempted under Section 50 of the Illinois Prepaid
4    Tuition Act.
5        (h) Information the disclosure of which is exempted
6    under the State Officials and Employees Ethics Act, and
7    records of any lawfully created State or local inspector
8    general's office that would be exempt if created or
9    obtained by an Executive Inspector General's office under
10    that Act.
11        (i) Information contained in a local emergency energy
12    plan submitted to a municipality in accordance with a local
13    emergency energy plan ordinance that is adopted under
14    Section 11-21.5-5 of the Illinois Municipal Code.
15        (j) Information and data concerning the distribution
16    of surcharge moneys collected and remitted by wireless
17    carriers under the Wireless Emergency Telephone Safety
18    Act.
19        (k) Law enforcement officer identification information
20    or driver identification information compiled by a law
21    enforcement agency or the Department of Transportation
22    under Section 11-212 of the Illinois Vehicle Code.
23        (l) Records and information provided to a residential
24    health care facility resident sexual assault and death
25    review team or the Executive Council under the Abuse
26    Prevention Review Team Act.

 

 

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1        (m) Information provided to the predatory lending
2    database created pursuant to Article 3 of the Residential
3    Real Property Disclosure Act, except to the extent
4    authorized under that Article.
5        (n) Defense budgets and petitions for certification of
6    compensation and expenses for court appointed trial
7    counsel as provided under Sections 10 and 15 of the Capital
8    Crimes Litigation Act. This subsection (n) shall apply
9    until the conclusion of the trial of the case, even if the
10    prosecution chooses not to pursue the death penalty prior
11    to trial or sentencing.
12        (o) Information that is prohibited from being
13    disclosed under Section 4 of the Illinois Health and
14    Hazardous Substances Registry Act.
15        (p) Security portions of system safety program plans,
16    investigation reports, surveys, schedules, lists, data, or
17    information compiled, collected, or prepared by or for the
18    Regional Transportation Authority under Section 2.11 of
19    the Regional Transportation Authority Act or the St. Clair
20    County Transit District under the Bi-State Transit Safety
21    Act.
22        (q) Information prohibited from being disclosed by the
23    Personnel Records Review Act.
24        (r) Information prohibited from being disclosed by the
25    Illinois School Student Records Act.
26        (s) Information the disclosure of which is restricted

 

 

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1    under Section 5-108 of the Public Utilities Act.
2        (t) All identified or deidentified health information
3    in the form of health data or medical records contained in,
4    stored in, submitted to, transferred by, or released from
5    the Illinois Health Information Exchange, and identified
6    or deidentified health information in the form of health
7    data and medical records of the Illinois Health Information
8    Exchange in the possession of the Illinois Health
9    Information Exchange Authority due to its administration
10    of the Illinois Health Information Exchange. The terms
11    "identified" and "deidentified" shall be given the same
12    meaning as in the Health Insurance Portability and
13    Accountability Act of 1996, Public Law 104-191, or any
14    subsequent amendments thereto, and any regulations
15    promulgated thereunder.
16        (u) Records and information provided to an independent
17    team of experts under Brian's Law.
18        (v) Names and information of people who have applied
19    for or received Firearm Owner's Identification Cards under
20    the Firearm Owners Identification Card Act or applied for
21    or received a concealed carry license under the Firearm
22    Concealed Carry Act, unless otherwise authorized by the
23    Firearm Concealed Carry Act; and databases under the
24    Firearm Concealed Carry Act, records of the Concealed Carry
25    Licensing Review Board under the Firearm Concealed Carry
26    Act, and law enforcement agency objections under the

 

 

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1    Firearm Concealed Carry Act.
2        (w) Personally identifiable information which is
3    exempted from disclosure under subsection (g) of Section
4    19.1 of the Toll Highway Act.
5        (x) Information which is exempted from disclosure
6    under Section 5-1014.3 of the Counties Code or Section
7    8-11-21 of the Illinois Municipal Code.
8        (y) Confidential information under the Adult
9    Protective Services Act and its predecessor enabling
10    statute, the Elder Abuse and Neglect Act, including
11    information about the identity and administrative finding
12    against any caregiver of a verified and substantiated
13    decision of abuse, neglect, or financial exploitation of an
14    eligible adult maintained in the Registry established
15    under Section 7.5 of the Adult Protective Services Act.
16        (z) Records and information provided to a fatality
17    review team or the Illinois Fatality Review Team Advisory
18    Council under Section 15 of the Adult Protective Services
19    Act.
20        (aa) Information which is exempted from disclosure
21    under Section 2.37 of the Wildlife Code.
22        (bb) Information which is or was prohibited from
23    disclosure by the Juvenile Court Act of 1987.
24        (cc) Recordings made under the Law Enforcement
25    Officer-Worn Body Camera Act, except to the extent
26    authorized under that Act.

 

 

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1        (dd) Information that is prohibited from being
2    disclosed under Section 45 of the Condominium and Common
3    Interest Community Ombudsperson Act.
4        (ee) (dd) Information that is exempted from disclosure
5    under Section 30.1 of the Pharmacy Practice Act.
6        (ff) Information prohibited from disclosure under the
7    Seizure and Forfeiture Reporting Act.
8(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
9eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1099-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1199-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
128-19-16; revised 9-1-16.)
 
13    Section 110. The Illinois Food, Drug and Cosmetic Act is
14amended by changing Section 3.23 as follows:
 
15    (410 ILCS 620/3.23)
16    Sec. 3.23. Legend drug prohibition.
17    (a) In this Section:
18    "Legend drug" means a drug limited by the Federal Food,
19Drug and Cosmetic Act to being dispensed by or upon a medical
20practitioner's prescription because the drug is:
21        (1) habit forming;
22        (2) toxic or having potential for harm; or
23        (3) limited in use by the new drug application for the
24    drug to use only under a medical practitioner's

 

 

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1    supervision.
2    "Medical practitioner" means any person licensed to
3practice medicine in all its branches in the State.
4    "Deliver" or "delivery" means the actual, constructive, or
5attempted transfer of possession of a legend drug, with or
6without consideration, whether or not there is an agency
7relationship.
8    "Manufacture" means the production, preparation,
9propagation, compounding, conversion, or processing of a
10legend drug, either directly or indirectly, by extraction from
11substances of natural origin, or independently by means of
12chemical synthesis, or by a combination of extraction and
13chemical synthesis, and includes any packaging or repackaging
14of the substance or labeling of its container. "Manufacture"
15does not include:
16        (1) by an ultimate user, the preparation or compounding
17    of a legend drug for his own use; or
18        (2) by a medical practitioner, or his authorized agent
19    under his supervision, the preparation, compounding,
20    packaging, or labeling of a legend drug:
21            (A) as an incident to his administering or
22        dispensing of a legend drug in the course of his
23        professional practice; or
24            (B) as an incident to lawful research, teaching, or
25        chemical analysis and not for sale.
26    "Prescription" has the same meaning ascribed to it in

 

 

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1Section 3 of the Pharmacy Practice Act.
2    (b) It is unlawful for any person to knowingly manufacture
3or deliver or possess with the intent to manufacture or deliver
4a legend drug of 6 or more pills, tablets, capsules, or caplets
5or 30 ml or more of a legend drug in liquid form who is not
6licensed by applicable law to prescribe or dispense legend
7drugs or is not an employee of the licensee operating in the
8normal course of business under the supervision of the
9licensee. Any person who violates this Section is guilty of a
10Class 3 felony, the fine for which shall not exceed $100,000. A
11person convicted of a second or subsequent violation of this
12Section is guilty of a Class 1 felony, the fine for which shall
13not exceed $250,000.
14    (c) The following are subject to forfeiture:
15        (1) (blank); all substances that have been
16    manufactured, distributed, dispensed, or possessed in
17    violation of this Act;
18        (2) all raw materials, products, and equipment of any
19    kind which are used, or intended for use in manufacturing,
20    distributing, dispensing, administering, or possessing any
21    substance in violation of this Section Act;
22        (3) all conveyances, including aircraft, vehicles, or
23    vessels, which are used, or intended for use, to transport,
24    or in any manner to facilitate the transportation, sale,
25    receipt, possession, or concealment of any substance
26    manufactured, distributed, dispensed, or possessed in

 

 

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1    violation of this Section or property described in
2    paragraph items (1) and (2) of this subsection (c), but:
3            (A) no conveyance used by any person as a common
4        carrier in the transaction of business as a common
5        carrier is subject to forfeiture under this Section
6        unless it appears that the owner or other person in
7        charge of the conveyance is a consenting party or privy
8        to the a violation of this Act;
9            (B) no conveyance is subject to forfeiture under
10        this Section by reason of any act or omission which the
11        owner proves to have been committed or omitted without
12        his knowledge or consent; and
13            (C) a forfeiture of a conveyance encumbered by a
14        bona fide security interest is subject to the interest
15        of the secured party if he neither had knowledge of nor
16        consented to the act or omission;
17        (4) all money, things of value, books, records, and
18    research products and materials including formulas,
19    microfilm, tapes, and data that are used, or intended to be
20    used in violation of this Section Act;
21        (5) everything of value furnished, or intended to be
22    furnished, in exchange for a substance in violation of this
23    Section Act, all proceeds traceable to such an exchange,
24    and all moneys, negotiable instruments, and securities
25    used, or intended to be used, to commit or in any manner to
26    facilitate any violation of this Section Act; and

 

 

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1        (6) all real property, including any right, title, and
2    interest, including, but not limited to, any leasehold
3    interest or the beneficial interest in a land trust, in the
4    whole of any lot or tract of land and any appurtenances or
5    improvements, which is used or intended to be used, in any
6    manner or part, to commit, or in any manner to facilitate
7    the commission of, any violation or act that constitutes a
8    violation of this Section 33.1 of this Act or that is the
9    proceeds of any violation or act that constitutes a
10    violation of this Section 33.1 of this Act.
11    (d) Property subject to forfeiture under this Act may be
12seized under the Drug Asset Forfeiture Procedure Act. In the
13event of seizure, forfeiture proceedings shall be instituted
14under the Drug Asset Forfeiture Procedure Act. by the Director
15of the Department of State Police or any peace officer upon
16process or seizure warrant issued by any court having
17jurisdiction over the property. Seizure by the Director of the
18Department of State Police or any peace officer without process
19may be made:
20        (1) if the seizure is incident to inspection under an
21    administrative inspection warrant;
22        (2) if the property subject to seizure has been the
23    subject of a prior judgment in favor of the State in a
24    criminal proceeding, or in an injunction or forfeiture
25    proceeding based upon this Act or the Drug Asset Forfeiture
26    Procedure Act;

 

 

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1        (3) if there is probable cause to believe that the
2    property is directly or indirectly dangerous to health or
3    safety;
4        (4) if there is probable cause to believe that the
5    property is subject to forfeiture under this Act and the
6    property is seized under circumstances in which a
7    warrantless seizure or arrest would be reasonable; or
8        (5) in accordance with the Code of Criminal Procedure
9    of 1963.
10    (e) Forfeiture under this Act is subject to an 8th
11amendment to the United States Constitution disproportionate
12penalties analysis as provided under Section 9.5 of the Drug
13Asset Forfeiture Procedure Act. In the event of seizure
14pursuant to subsection (c) of this Section, forfeiture
15proceedings shall be instituted in accordance with the Drug
16Asset Forfeiture Procedure Act.
17    (f) With regard to possession of legend drug offenses only,
18a sum of currency with a value of less than $500 shall not be
19subject to forfeiture under this Act. For all other offenses
20under this Act, currency with a value of under $100 shall not
21be subject to forfeiture under this Act. Property taken or
22detained under this Section shall not be subject to replevin,
23but is deemed to be in the custody of the Director of the
24Department of State Police subject only to the order and
25judgments of the circuit court having jurisdiction over the
26forfeiture proceedings and the decisions of the State's

 

 

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1Attorney under the Drug Asset Forfeiture Procedure Act. If
2property is seized under this Act, then the seizing agency
3shall promptly conduct an inventory of the seized property and
4estimate the property's value, and shall forward a copy of the
5inventory of seized property and the estimate of the property's
6value to the Director of the Department of State Police. Upon
7receiving notice of seizure, the Secretary may:
8        (1) place the property under seal;
9        (2) remove the property to a place designated by the
10    Secretary;
11        (3) keep the property in the possession of the seizing
12    agency;
13        (4) remove the property to a storage area for
14    safekeeping or, if the property is a negotiable instrument
15    or money and is not needed for evidentiary purposes,
16    deposit it in an interest bearing account;
17        (5) place the property under constructive seizure by
18    posting notice of pending forfeiture on it, by giving
19    notice of pending forfeiture to its owners and interest
20    holders, or by filing notice of pending forfeiture in any
21    appropriate public record relating to the property; or
22        (6) provide for another agency or custodian, including
23    an owner, secured party, or lienholder, to take custody of
24    the property upon the terms and conditions set by the
25    Director of the Department of State Police.
26    (f-5) For felony offenses involving possession of legend

 

 

10000HB0303sam001- 22 -LRB100 05313 SLF 27340 a

1drug only, no property shall be subject to forfeiture under
2this Act because of the possession of less than 2 single unit
3doses of a controlled substance. This exemption shall not apply
4in instances when the possessor, or another person at the
5direction of the possessor, is engaged in the destruction of
6any amount of a legend drug. The amount of a single unit dose
7shall be the State's burden to prove in their case in chief.
8    (g) If the Department suspends or revokes a registration,
9all legend drugs owned or possessed by the registrant at the
10time of suspension or the effective date of the revocation
11order may be placed under seal. No disposition may be made of
12substances under seal until the time for taking an appeal has
13elapsed or until all appeals have been concluded unless a
14court, upon application therefor, orders the sale of perishable
15substances and the deposit of the proceeds of the sale with the
16court. Upon a revocation rule becoming final, all substances
17are subject to seizure and forfeiture under the Drug Asset
18Forfeiture Procedure Act may be forfeited to the Department.
19    (h) (Blank). If property is forfeited under this Act, then
20the Director of the Department of State Police must sell all
21such property unless such property is required by law to be
22destroyed or is harmful to the public, and shall distribute the
23proceeds of the sale, together with any moneys forfeited or
24seized, in accordance with subsection (i) of this Section. Upon
25the application of the seizing agency or prosecutor who was
26responsible for the investigation, arrest or arrests, and

 

 

10000HB0303sam001- 23 -LRB100 05313 SLF 27340 a

1prosecution that led to the forfeiture, the Director of the
2Department of State Police may return any item of forfeited
3property to the seizing agency or prosecutor for official use
4in the enforcement of laws if the agency or prosecutor can
5demonstrate that the item requested would be useful to the
6agency or prosecutor in their enforcement efforts. If any
7forfeited conveyance, including an aircraft, vehicle, or
8vessel, is returned to the seizing agency or prosecutor, then
9the conveyance may be used immediately in the enforcement of
10the criminal laws of the State. Upon disposal, all proceeds
11from the sale of the conveyance must be used for drug
12enforcement purposes. If any real property returned to the
13seizing agency is sold by the agency or its unit of government,
14then the proceeds of the sale shall be delivered to the
15Director of the Department of State Police and distributed in
16accordance with subsection (i) of this Section.
17    (i) (Blank). All moneys and the sale proceeds of all other
18property forfeited and seized under this Act shall be
19distributed as follows:
20        (1) 65% shall be distributed to the metropolitan
21    enforcement group, local, municipal, county, or State law
22    enforcement agency or agencies which conducted or
23    participated in the investigation resulting in the
24    forfeiture. The distribution shall bear a reasonable
25    relationship to the degree of direct participation of the
26    law enforcement agency in the effort resulting in the

 

 

10000HB0303sam001- 24 -LRB100 05313 SLF 27340 a

1    forfeiture, taking into account the total value of the
2    property forfeited and the total law enforcement effort
3    with respect to the violation of the law upon which the
4    forfeiture is based. Amounts distributed to the agency or
5    agencies shall be used for the enforcement of laws.
6        (2) 12.5% shall be distributed to the Office of the
7    State's Attorney of the county in which the prosecution
8    resulting in the forfeiture was instituted, deposited in a
9    special fund in the county treasury and appropriated to the
10    State's Attorney for use in the enforcement of laws. In
11    counties over 3,000,000 population, 25% will be
12    distributed to the Office of the State's Attorney for use
13    in the enforcement of laws governing cannabis and
14    controlled substances. If the prosecution is undertaken
15    solely by the Attorney General, the portion provided
16    hereunder shall be distributed to the Attorney General for
17    use in the enforcement of laws.
18        (3) 12.5% shall be distributed to the Office of the
19    State's Attorneys Appellate Prosecutor and deposited in a
20    separate fund of that office to be used for additional
21    expenses incurred in the investigation, prosecution and
22    appeal of cases. The Office of the State's Attorneys
23    Appellate Prosecutor shall not receive distribution from
24    cases brought in counties with over 3,000,000 population.
25        (4) 10% shall be retained by the Department of State
26    Police for expenses related to the administration and sale

 

 

10000HB0303sam001- 25 -LRB100 05313 SLF 27340 a

1    of seized and forfeited property.
2    (j) Contraband, including legend drugs possessed without a
3prescription or other authorization under State or federal law,
4is not subject to forfeiture. No property right exists in
5contraband. Contraband is subject to seizure and shall be
6disposed of according to State law.
7(Source: P.A. 96-573, eff. 8-18-09.)
 
8    Section 115. The Environmental Protection Act is amended by
9changing Section 44.1 as follows:
 
10    (415 ILCS 5/44.1)  (from Ch. 111 1/2, par. 1044.1)
11    Sec. 44.1. (a) In addition to all other civil and criminal
12penalties provided by law, any person convicted of a criminal
13violation of this Act or the regulations adopted thereunder
14shall forfeit to the State (1) an amount equal to the value of
15all profits earned, savings realized, and benefits incurred as
16a direct or indirect result of such violation, and (2) any
17vehicle or conveyance used in the perpetration of such
18violation, except as provided in subsection (b).
19    (b) Forfeiture of conveyances shall be subject to the
20following exceptions:
21        (1) No conveyance used by any person as a common
22    carrier in the transaction of business as a common carrier
23    is subject to forfeiture under this Section unless it is
24    proven that the owner or other person in charge of the

 

 

10000HB0303sam001- 26 -LRB100 05313 SLF 27340 a

1    conveyance consented to or was privy to the covered
2    violation.
3        (2) No conveyance is subject to forfeiture under this
4    Section by reason of any covered violation which the owner
5    proves to have been committed without his knowledge or
6    consent.
7        (3) A forfeiture of a conveyance encumbered by a bona
8    fide security interest is subject to the interest of the
9    secured party if he neither had knowledge of nor consented
10    to the covered violation.
11    (c) Except as provided in subsection (d), all property
12subject to forfeiture under this Section shall be seized
13pursuant to the order of a circuit court.
14    (d) Property subject to forfeiture under this Section may
15be seized by the Director or any peace officer without process:
16        (1) if the seizure is incident to an inspection under
17    an administrative inspection warrant, or incident to the
18    execution of a criminal search or arrest warrant;
19        (2) if the property subject to seizure has been the
20    subject of a prior judgment in favor of the State in a
21    criminal proceeding, or in an injunction or forfeiture
22    proceeding based upon this Act; or
23        (3) if there is probable cause to believe that the
24    property is directly or indirectly dangerous to health or
25    safety.
26    (e) Property taken or detained under this Section shall not

 

 

10000HB0303sam001- 27 -LRB100 05313 SLF 27340 a

1be subject to forcible entry and detainer or replevin, but is
2deemed to be in the custody of the Director subject only to the
3order and judgments of the circuit court having jurisdiction
4over the forfeiture proceedings. When property is seized under
5this Act, the Director may:
6        (1) place the property under seal;
7        (2) secure the property or remove the property to a
8    place designated by him; or
9        (3) require the sheriff of the county in which the
10    seizure occurs to take custody of the property and secure
11    or remove it to an appropriate location for disposition in
12    accordance with law.
13    (f) All amounts forfeited under item (1) of subsection (a)
14shall be apportioned in the following manner:
15        (1) 40% shall be deposited in the Hazardous Waste Fund
16    created in Section 22.2;
17        (2) 30% shall be paid to the office of the Attorney
18    General or the State's Attorney of the county in which the
19    violation occurred, whichever brought and prosecuted the
20    action; and
21        (3) 30% shall be paid to the law enforcement agency
22    which investigated the violation.
23    Any funds received under this subsection (f) shall be used
24solely for the enforcement of the environmental protection laws
25of this State.
26    (g) When property is forfeited under this Section the court

 

 

10000HB0303sam001- 28 -LRB100 05313 SLF 27340 a

1may order:
2        (1) that the property shall be made available for the
3    official use of the Agency, the Office of the Attorney
4    General, the State's Attorney of the county in which the
5    violation occurred, or the law enforcement agency which
6    investigated the violation, to be used solely for the
7    enforcement of the environmental protection laws of this
8    State;
9        (2) the sheriff of the county in which the forfeiture
10    occurs to take custody of the property and remove it for
11    disposition in accordance with law; or
12        (3) the sheriff of the county in which the forfeiture
13    occurs to sell that which is not required to be destroyed
14    by law and which is not harmful to the public. The proceeds
15    of such sale shall be used for payment of all proper
16    expenses of the proceedings for forfeiture and sale,
17    including expenses of seizure, maintenance of custody,
18    advertising and court costs, and the balance, if any, shall
19    be apportioned pursuant to subsection (f).
20    (h) Property seized or forfeited under this Section is
21subject to reporting under the Seizure and Forfeiture Reporting
22Act.
23(Source: P.A. 85-487.)
 
24    Section 120. The Herptiles-Herps Act is amended by changing
25Section 105-55 as follows:
 

 

 

10000HB0303sam001- 29 -LRB100 05313 SLF 27340 a

1    (510 ILCS 68/105-55)
2    Sec. 105-55. Illegal collecting devices; public nuisance.
3Every collecting device, including seines, nets, traps,
4pillowcases, bags, snake hooks or tongs, or any electrical
5device or any other devices including vehicles or conveyance,
6watercraft, or aircraft used or operated illegally or attempted
7to be used or operated illegally by any person in taking,
8transporting, holding, or conveying any reptile or amphibian
9life or any part of reptile or amphibian life, contrary to this
10Act, including administrative rules, shall be deemed a public
11nuisance and therefore illegal and subject to seizure and
12confiscation by any authorized employee of the Department. Upon
13the seizure of this item, the Department shall take and hold
14the item until disposed of as provided in this Act.
15    Upon the seizure of any device because of its illegal use,
16the officer or authorized employee of the Department making the
17seizure shall, as soon as reasonably possible, cause a
18complaint to be filed before the circuit court and a summons to
19be issued requiring the owner or person in possession of the
20property to appear in court and show cause why the device
21seized should not be forfeited to the State. Upon the return of
22the summons duly served or upon posting or publication of
23notice as provided in this Act, the court shall proceed to
24determine the question of the illegality of the use of the
25seized property. Upon judgment being entered that the property

 

 

10000HB0303sam001- 30 -LRB100 05313 SLF 27340 a

1was illegally used, an order shall be entered providing for the
2forfeiture of the seized property to the State. The owner of
3the property may have a jury determine the illegality of its
4use and shall have the right of an appeal as in other civil
5cases. Confiscation or forfeiture shall not preclude or
6mitigate against prosecution and assessment of penalties
7provided in Article 90 of this Act.
8    Upon seizure of any property under circumstances
9supporting a reasonable belief that the property was abandoned,
10lost, stolen, or otherwise illegally possessed or used contrary
11to this Act, except property seized during a search or arrest,
12and ultimately returned, destroyed, or otherwise disposed of
13under order of a court in accordance with this Act, the
14authorized employee of the Department shall make reasonable
15inquiry and efforts to identify and notify the owner or other
16person entitled to possession of the property and shall return
17the property after the person provides reasonable and
18satisfactory proof of his or her ownership or right to
19possession and reimburses the Department for all reasonable
20expenses of custody. If the identity or location of the owner
21or other person entitled to possession of the property has not
22been ascertained within 6 months after the Department obtains
23possession, the Department shall effectuate the sale of the
24property for cash to the highest bidder at a public auction.
25The owner or other person entitled to possession of the
26property may claim and recover possession of the property at

 

 

10000HB0303sam001- 31 -LRB100 05313 SLF 27340 a

1any time before its sale at public auction upon providing
2reasonable and satisfactory proof of ownership or right of
3possession and reimbursing the Department for all reasonable
4expenses of custody.
5    Any property forfeited to the State by court order under
6this Section may be disposed of by public auction, except that
7any property that is the subject of a court order shall not be
8disposed of pending appeal of the order. The proceeds of the
9sales at auction shall be deposited in the Wildlife and Fish
10Fund.
11    The Department shall pay all costs of posting or
12publication of notices required by this Section.
13    Property seized or forfeited under this Section is subject
14to reporting under the Seizure and Forfeiture Reporting Act.
15(Source: P.A. 98-752, eff. 1-1-15.)
 
16    Section 125. The Fish and Aquatic Life Code is amended by
17changing Section 1-215 as follows:
 
18    (515 ILCS 5/1-215)  (from Ch. 56, par. 1-215)
19    Sec. 1-215. Illegal fishing devices; public nuisance.
20Every fishing device, including seines, nets, or traps, or any
21electrical device or any other devices, including vehicles,
22watercraft, or aircraft, used or operated illegally or
23attempted to be used or operated illegally by any person in
24taking, transporting, holding, or conveying any aquatic life

 

 

10000HB0303sam001- 32 -LRB100 05313 SLF 27340 a

1contrary to this Code, including administrative rules, shall be
2deemed a public nuisance and therefore illegal and subject to
3seizure and confiscation by any authorized employee of the
4Department. Upon the seizure of such an item the Department
5shall take and hold the item until disposed of as provided in
6this Code.
7    Upon the seizure of any device because of its illegal use,
8the officer or authorized employee of the Department making the
9seizure shall, as soon as reasonably possible, cause a
10complaint to be filed before the Circuit Court and a summons to
11be issued requiring the owner or person in possession of the
12property to appear in court and show cause why the device
13seized should not be forfeited to the State. Upon the return of
14the summons duly served or upon posting or publication of
15notice as provided in this Code, the court shall proceed to
16determine the question of the illegality of the use of the
17seized property. Upon judgment being entered to the effect that
18the property was illegally used, an order shall be entered
19providing for the forfeiture of the seized property to the
20State. The owner of the property, however, may have a jury
21determine the illegality of its use, and shall have the right
22of an appeal as in other civil cases. Confiscation or
23forfeiture shall not preclude or mitigate against prosecution
24and assessment of penalties provided in Section 20-35 of this
25Code.
26    Upon seizure of any property under circumstances

 

 

10000HB0303sam001- 33 -LRB100 05313 SLF 27340 a

1supporting a reasonable belief that the property was abandoned,
2lost, stolen, or otherwise illegally possessed or used contrary
3to this Code, except property seized during a search or arrest,
4and ultimately returned, destroyed, or otherwise disposed of
5under order of a court in accordance with this Code, the
6authorized employee of the Department shall make reasonable
7inquiry and efforts to identify and notify the owner or other
8person entitled to possession of the property and shall return
9the property after the person provides reasonable and
10satisfactory proof of his or her ownership or right to
11possession and reimburses the Department for all reasonable
12expenses of custody. If the identity or location of the owner
13or other person entitled to possession of the property has not
14been ascertained within 6 months after the Department obtains
15possession, the Department shall effectuate the sale of the
16property for cash to the highest bidder at a public auction.
17The owner or other person entitled to possession of the
18property may claim and recover possession of the property at
19any time before its sale at public auction upon providing
20reasonable and satisfactory proof of ownership or right of
21possession and reimbursing the Department for all reasonable
22expenses of custody.
23    Any property forfeited to the State by court order under
24this Section may be disposed of by public auction, except that
25any property that is the subject of a court order shall not be
26disposed of pending appeal of the order. The proceeds of the

 

 

10000HB0303sam001- 34 -LRB100 05313 SLF 27340 a

1sales at auction shall be deposited in the Wildlife and Fish
2Fund.
3    The Department shall pay all costs of posting or
4publication of notices required by this Section.
5    Property seized or forfeited under this Section is subject
6to reporting under the Seizure and Forfeiture Reporting Act.
7(Source: P.A. 87-833.)
 
8    Section 130. The Wildlife Code is amended by changing
9Section 1.25 as follows:
 
10    (520 ILCS 5/1.25)  (from Ch. 61, par. 1.25)
11    Sec. 1.25. Every hunting or trapping device, vehicle or
12conveyance, when used or operated illegally, or attempted to be
13used or operated illegally by any person in taking,
14transporting, holding, or conveying any wild bird or wild
15mammal, contrary to the provisions of this Act, including
16administrative rules, is a public nuisance and subject to
17seizure and confiscation by any authorized employee of the
18Department; upon the seizure of such item the Department shall
19take and hold the same until disposed of as hereinafter
20provided.
21    Upon the seizure of any property as herein provided, the
22authorized employee of the Department making such seizure shall
23forthwith cause a complaint to be filed before the Circuit
24Court and a summons to be issued requiring the person who

 

 

10000HB0303sam001- 35 -LRB100 05313 SLF 27340 a

1illegally used or operated or attempted to use or operate such
2property and the owner and person in possession of such
3property to appear in court and show cause why the property
4seized should not be forfeited to the State. Upon the return of
5the summons duly served or other notice as herein provided, the
6court shall proceed to determine the question of the illegality
7of the use of the seized property and upon judgment being
8entered to the effect that such property was illegally used, an
9order may be entered providing for the forfeiture of such
10seized property to the Department and shall thereupon become
11the property of the Department; but the owner of such property
12may have a jury determine the illegality of its use, and shall
13have the right of an appeal, as in other cases. Such
14confiscation or forfeiture shall not preclude or mitigate
15against prosecution and assessment of penalties otherwise
16provided in this Act.
17    Upon seizure of any property under circumstances
18supporting a reasonable belief that such property was
19abandoned, lost or stolen or otherwise illegally possessed or
20used contrary to the provisions of this Act, except property
21seized during a search or arrest, and ultimately returned,
22destroyed, or otherwise disposed of pursuant to order of a
23court in accordance with this Act, the authorized employee of
24the Department shall make reasonable inquiry and efforts to
25identify and notify the owner or other person entitled to
26possession thereof, and shall return the property after such

 

 

10000HB0303sam001- 36 -LRB100 05313 SLF 27340 a

1person provides reasonable and satisfactory proof of his
2ownership or right to possession and reimburses the Department
3for all reasonable expenses of such custody. If the identity or
4location of the owner or other person entitled to possession of
5the property has not been ascertained within 6 months after the
6Department obtains such possession, the Department shall
7effectuate the sale of the property for cash to the highest
8bidder at a public auction. The owner or other person entitled
9to possession of such property may claim and recover possession
10of the property at any time before its sale at public auction,
11upon providing reasonable and satisfactory proof of ownership
12or right of possession and reimbursing the Department for all
13reasonable expenses of custody thereof.
14    Any property, including guns, forfeited to the State by
15court order pursuant to this Section, may be disposed of by
16public auction, except that any property which is the subject
17of such a court order shall not be disposed of pending appeal
18of the order. The proceeds of the sales at auction shall be
19deposited in the Wildlife and Fish Fund.
20    The Department shall pay all costs of notices required by
21this Section.
22    Property seized or forfeited under this Section is subject
23to reporting under the Seizure and Forfeiture Reporting Act.
24(Source: P.A. 85-152.)
 
25    Section 135. The Criminal Code of 2012 is amended by

 

 

10000HB0303sam001- 37 -LRB100 05313 SLF 27340 a

1changing Sections 17-10.6, 28-5, 29B-1, 33G-6, 36-1, 36-1.5,
236-2, 36-3, and 47-15 and by adding Sections 36-1.1, 36-1.2,
336-1.3, 36-1.4, 36-2.1, 36-2.2, 36-2.5, 36-2.7, 36-3.1, 36-6,
436-7, and 36-9 as follows:
 
5    (720 ILCS 5/17-10.6)
6    Sec. 17-10.6. Financial institution fraud.
7    (a) Misappropriation of financial institution property. A
8person commits misappropriation of a financial institution's
9property whenever he or she knowingly obtains or exerts
10unauthorized control over any of the moneys, funds, credits,
11assets, securities, or other property owned by or under the
12custody or control of a financial institution, or under the
13custody or care of any agent, officer, director, or employee of
14such financial institution.
15    (b) Commercial bribery of a financial institution.
16        (1) A person commits commercial bribery of a financial
17    institution when he or she knowingly confers or offers or
18    agrees to confer any benefit upon any employee, agent, or
19    fiduciary without the consent of the latter's employer or
20    principal, with the intent to influence his or her conduct
21    in relation to his or her employer's or principal's
22    affairs.
23        (2) An employee, agent, or fiduciary of a financial
24    institution commits commercial bribery of a financial
25    institution when, without the consent of his or her

 

 

10000HB0303sam001- 38 -LRB100 05313 SLF 27340 a

1    employer or principal, he or she knowingly solicits,
2    accepts, or agrees to accept any benefit from another
3    person upon an agreement or understanding that such benefit
4    will influence his or her conduct in relation to his or her
5    employer's or principal's affairs.
6    (c) Financial institution fraud. A person commits
7financial institution fraud when he or she knowingly executes
8or attempts to execute a scheme or artifice:
9        (1) to defraud a financial institution; or
10        (2) to obtain any of the moneys, funds, credits,
11    assets, securities, or other property owned by or under the
12    custody or control of a financial institution, by means of
13    pretenses, representations, or promises he or she knows to
14    be false.
15    (d) Loan fraud. A person commits loan fraud when he or she
16knowingly, with intent to defraud, makes any false statement or
17report, or overvalues any land, property, or security, with the
18intent to influence in any way the action of a financial
19institution to act upon any application, advance, discount,
20purchase, purchase agreement, repurchase agreement,
21commitment, or loan, or any change or extension of any of the
22same, by renewal, deferment of action, or otherwise, or the
23acceptance, release, or substitution of security.
24    (e) Concealment of collateral. A person commits
25concealment of collateral when he or she, with intent to
26defraud, knowingly conceals, removes, disposes of, or converts

 

 

10000HB0303sam001- 39 -LRB100 05313 SLF 27340 a

1to the person's own use or to that of another any property
2mortgaged or pledged to or held by a financial institution.
3    (f) Financial institution robbery. A person commits
4robbery when he or she knowingly, by force or threat of force,
5or by intimidation, takes, or attempts to take, from the person
6or presence of another, or obtains or attempts to obtain by
7extortion, any property or money or any other thing of value
8belonging to, or in the care, custody, control, management, or
9possession of, a financial institution.
10    (g) Conspiracy to commit a financial crime.
11        (1) A person commits conspiracy to commit a financial
12    crime when, with the intent that any violation of this
13    Section be committed, he or she agrees with another person
14    to the commission of that offense.
15        (2) No person may be convicted of conspiracy to commit
16    a financial crime unless an overt act or acts in
17    furtherance of the agreement is alleged and proved to have
18    been committed by that person or by a co-conspirator and
19    the accused is a part of a common scheme or plan to engage
20    in the unlawful activity.
21        (3) It shall not be a defense to conspiracy to commit a
22    financial crime that the person or persons with whom the
23    accused is alleged to have conspired:
24            (A) has not been prosecuted or convicted;
25            (B) has been convicted of a different offense;
26            (C) is not amenable to justice;

 

 

10000HB0303sam001- 40 -LRB100 05313 SLF 27340 a

1            (D) has been acquitted; or
2            (E) lacked the capacity to commit the offense.
3    (h) Continuing financial crimes enterprise. A person
4commits a continuing financial crimes enterprise when he or she
5knowingly, within an 18-month period, commits 3 or more
6separate offenses constituting any combination of the
7following:
8        (1) an offense under this Section;
9        (2) a felony offense in violation of Section 16A-3 or
10    subsection (a) of Section 16-25 or paragraph (4) or (5) of
11    subsection (a) of Section 16-1 of this Code for the purpose
12    of reselling or otherwise re-entering the merchandise in
13    commerce, including conveying the merchandise to a
14    merchant in exchange for anything of value; or
15        (3) if involving a financial institution, any other
16    felony offense under this Code.
17    (i) Organizer of a continuing financial crimes enterprise.
18        (1) A person commits being an organizer of a continuing
19    financial crimes enterprise when he or she:
20            (A) with the intent to commit any offense, agrees
21        with another person to the commission of any
22        combination of the following offenses on 3 or more
23        separate occasions within an 18-month period:
24                (i) an offense under this Section;
25                (ii) a felony offense in violation of Section
26            16A-3 or subsection (a) of Section 16-25 or

 

 

10000HB0303sam001- 41 -LRB100 05313 SLF 27340 a

1            paragraph (4) or (5) of subsection (a) of Section
2            16-1 of this Code for the purpose of reselling or
3            otherwise re-entering the merchandise in commerce,
4            including conveying the merchandise to a merchant
5            in exchange for anything of value; or
6                (iii) if involving a financial institution,
7            any other felony offense under this Code; and
8            (B) with respect to the other persons within the
9        conspiracy, occupies a position of organizer,
10        supervisor, or financier or other position of
11        management.
12        (2) The person with whom the accused agreed to commit
13    the 3 or more offenses under this Section, or, if involving
14    a financial institution, any other felony offenses under
15    this Code, need not be the same person or persons for each
16    offense, as long as the accused was a part of the common
17    scheme or plan to engage in each of the 3 or more alleged
18    offenses.
19    (j) Sentence.
20        (1) Except as otherwise provided in this subsection, a
21    violation of this Section, the full value of which:
22            (A) does not exceed $500, is a Class A misdemeanor;
23            (B) does not exceed $500, and the person has been
24        previously convicted of a financial crime or any type
25        of theft, robbery, armed robbery, burglary,
26        residential burglary, possession of burglary tools, or

 

 

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1        home invasion, is guilty of a Class 4 felony;
2            (C) exceeds $500 but does not exceed $10,000, is a
3        Class 3 felony;
4            (D) exceeds $10,000 but does not exceed $100,000,
5        is a Class 2 felony;
6            (E) exceeds $100,000 but does not exceed $500,000,
7        is a Class 1 felony;
8            (F) exceeds $500,000 but does not exceed
9        $1,000,000, is a Class 1 non-probationable felony;
10        when a charge of financial crime, the full value of
11        which exceeds $500,000 but does not exceed $1,000,000,
12        is brought, the value of the financial crime involved
13        is an element of the offense to be resolved by the
14        trier of fact as either exceeding or not exceeding
15        $500,000;
16            (G) exceeds $1,000,000, is a Class X felony; when a
17        charge of financial crime, the full value of which
18        exceeds $1,000,000, is brought, the value of the
19        financial crime involved is an element of the offense
20        to be resolved by the trier of fact as either exceeding
21        or not exceeding $1,000,000.
22        (2) A violation of subsection (f) is a Class 1 felony.
23        (3) A violation of subsection (h) is a Class 1 felony.
24        (4) A violation for subsection (i) is a Class X felony.
25    (k) A "financial crime" means an offense described in this
26Section.

 

 

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1    (l) Period of limitations. The period of limitations for
2prosecution of any offense defined in this Section begins at
3the time when the last act in furtherance of the offense is
4committed.
5    (m) Forfeiture. Any violation of subdivision (2) of
6subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
7the remedies, procedures, and forfeiture as set forth in
8subsections (f) through (s) of Section 29B-1 of this Code.
9    Property seized or forfeited under this Section is subject
10to reporting under the Seizure and Forfeiture Reporting Act.
11(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
12eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
13    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
14    Sec. 28-5. Seizure of gambling devices and gambling funds.
15    (a) Every device designed for gambling which is incapable
16of lawful use or every device used unlawfully for gambling
17shall be considered a "gambling device", and shall be subject
18to seizure, confiscation and destruction by the Department of
19State Police or by any municipal, or other local authority,
20within whose jurisdiction the same may be found. As used in
21this Section, a "gambling device" includes any slot machine,
22and includes any machine or device constructed for the
23reception of money or other thing of value and so constructed
24as to return, or to cause someone to return, on chance to the
25player thereof money, property or a right to receive money or

 

 

10000HB0303sam001- 44 -LRB100 05313 SLF 27340 a

1property. With the exception of any device designed for
2gambling which is incapable of lawful use, no gambling device
3shall be forfeited or destroyed unless an individual with a
4property interest in said device knows of the unlawful use of
5the device.
6    (b) Every gambling device shall be seized and forfeited to
7the county wherein such seizure occurs. Any money or other
8thing of value integrally related to acts of gambling shall be
9seized and forfeited to the county wherein such seizure occurs.
10    (c) If, within 60 days after any seizure pursuant to
11subparagraph (b) of this Section, a person having any property
12interest in the seized property is charged with an offense, the
13court which renders judgment upon such charge shall, within 30
14days after such judgment, conduct a forfeiture hearing to
15determine whether such property was a gambling device at the
16time of seizure. Such hearing shall be commenced by a written
17petition by the State, including material allegations of fact,
18the name and address of every person determined by the State to
19have any property interest in the seized property, a
20representation that written notice of the date, time and place
21of such hearing has been mailed to every such person by
22certified mail at least 10 days before such date, and a request
23for forfeiture. Every such person may appear as a party and
24present evidence at such hearing. The quantum of proof required
25shall be a preponderance of the evidence, and the burden of
26proof shall be on the State. If the court determines that the

 

 

10000HB0303sam001- 45 -LRB100 05313 SLF 27340 a

1seized property was a gambling device at the time of seizure,
2an order of forfeiture and disposition of the seized property
3shall be entered: a gambling device shall be received by the
4State's Attorney, who shall effect its destruction, except that
5valuable parts thereof may be liquidated and the resultant
6money shall be deposited in the general fund of the county
7wherein such seizure occurred; money and other things of value
8shall be received by the State's Attorney and, upon
9liquidation, shall be deposited in the general fund of the
10county wherein such seizure occurred. However, in the event
11that a defendant raises the defense that the seized slot
12machine is an antique slot machine described in subparagraph
13(b) (7) of Section 28-1 of this Code and therefore he is exempt
14from the charge of a gambling activity participant, the seized
15antique slot machine shall not be destroyed or otherwise
16altered until a final determination is made by the Court as to
17whether it is such an antique slot machine. Upon a final
18determination by the Court of this question in favor of the
19defendant, such slot machine shall be immediately returned to
20the defendant. Such order of forfeiture and disposition shall,
21for the purposes of appeal, be a final order and judgment in a
22civil proceeding.
23    (d) If a seizure pursuant to subparagraph (b) of this
24Section is not followed by a charge pursuant to subparagraph
25(c) of this Section, or if the prosecution of such charge is
26permanently terminated or indefinitely discontinued without

 

 

10000HB0303sam001- 46 -LRB100 05313 SLF 27340 a

1any judgment of conviction or acquittal (1) the State's
2Attorney shall commence an in rem proceeding for the forfeiture
3and destruction of a gambling device, or for the forfeiture and
4deposit in the general fund of the county of any seized money
5or other things of value, or both, in the circuit court and (2)
6any person having any property interest in such seized gambling
7device, money or other thing of value may commence separate
8civil proceedings in the manner provided by law.
9    (e) Any gambling device displayed for sale to a riverboat
10gambling operation or used to train occupational licensees of a
11riverboat gambling operation as authorized under the Riverboat
12Gambling Act is exempt from seizure under this Section.
13    (f) Any gambling equipment, devices and supplies provided
14by a licensed supplier in accordance with the Riverboat
15Gambling Act which are removed from the riverboat for repair
16are exempt from seizure under this Section.
17    (g) The following video gaming terminals are exempt from
18seizure under this Section:
19        (1) Video gaming terminals for sale to a licensed
20    distributor or operator under the Video Gaming Act.
21        (2) Video gaming terminals used to train licensed
22    technicians or licensed terminal handlers.
23        (3) Video gaming terminals that are removed from a
24    licensed establishment, licensed truck stop establishment,
25    licensed fraternal establishment, or licensed veterans
26    establishment for repair.

 

 

10000HB0303sam001- 47 -LRB100 05313 SLF 27340 a

1    (h) Property seized or forfeited under this Section is
2subject to reporting under the Seizure and Forfeiture Reporting
3Act.
4(Source: P.A. 98-31, eff. 6-24-13.)
 
5    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)
6    Sec. 29B-1. (a) A person commits the offense of money
7laundering:
8        (1) when, knowing that the property involved in a
9    financial transaction represents the proceeds of some form
10    of unlawful activity, he or she conducts or attempts to
11    conduct such a financial transaction which in fact involves
12    criminally derived property:
13            (A) with the intent to promote the carrying on of
14        the unlawful activity from which the criminally
15        derived property was obtained; or
16            (B) where he or she knows or reasonably should know
17        that the financial transaction is designed in whole or
18        in part:
19                (i) to conceal or disguise the nature, the
20            location, the source, the ownership or the control
21            of the criminally derived property; or
22                (ii) to avoid a transaction reporting
23            requirement under State law; or
24        (1.5) when he or she transports, transmits, or
25    transfers, or attempts to transport, transmit, or transfer

 

 

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1    a monetary instrument:
2            (A) with the intent to promote the carrying on of
3        the unlawful activity from which the criminally
4        derived property was obtained; or
5            (B) knowing, or having reason to know, that the
6        financial transaction is designed in whole or in part:
7                (i) to conceal or disguise the nature, the
8            location, the source, the ownership or the control
9            of the criminally derived property; or
10                (ii) to avoid a transaction reporting
11            requirement under State law; or
12        (2) when, with the intent to:
13            (A) promote the carrying on of a specified criminal
14        activity as defined in this Article; or
15            (B) conceal or disguise the nature, location,
16        source, ownership, or control of property believed to
17        be the proceeds of a specified criminal activity as
18        defined by subdivision (b)(6); or
19            (C) avoid a transaction reporting requirement
20        under State law,
21    he or she conducts or attempts to conduct a financial
22    transaction involving property he or she believes to be the
23    proceeds of specified criminal activity as defined by
24    subdivision (b)(6) or property used to conduct or
25    facilitate specified criminal activity as defined by
26    subdivision (b)(6).

 

 

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1    (b) As used in this Section:
2        (0.5) "Knowing that the property involved in a
3    financial transaction represents the proceeds of some form
4    of unlawful activity" means that the person knew the
5    property involved in the transaction represented proceeds
6    from some form, though not necessarily which form, of
7    activity that constitutes a felony under State, federal, or
8    foreign law.
9        (1) "Financial transaction" means a purchase, sale,
10    loan, pledge, gift, transfer, delivery or other
11    disposition utilizing criminally derived property, and
12    with respect to financial institutions, includes a
13    deposit, withdrawal, transfer between accounts, exchange
14    of currency, loan, extension of credit, purchase or sale of
15    any stock, bond, certificate of deposit or other monetary
16    instrument, use of safe deposit box, or any other payment,
17    transfer or delivery by, through, or to a financial
18    institution. For purposes of clause (a)(2) of this Section,
19    the term "financial transaction" also means a transaction
20    which without regard to whether the funds, monetary
21    instruments, or real or personal property involved in the
22    transaction are criminally derived, any transaction which
23    in any way or degree: (1) involves the movement of funds by
24    wire or any other means; (2) involves one or more monetary
25    instruments; or (3) the transfer of title to any real or
26    personal property. The receipt by an attorney of bona fide

 

 

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1    fees for the purpose of legal representation is not a
2    financial transaction for purposes of this Section.
3        (2) "Financial institution" means any bank; saving and
4    loan association; trust company; agency or branch of a
5    foreign bank in the United States; currency exchange;
6    credit union, mortgage banking institution; pawnbroker;
7    loan or finance company; operator of a credit card system;
8    issuer, redeemer or cashier of travelers checks, checks or
9    money orders; dealer in precious metals, stones or jewels;
10    broker or dealer in securities or commodities; investment
11    banker; or investment company.
12        (3) "Monetary instrument" means United States coins
13    and currency; coins and currency of a foreign country;
14    travelers checks; personal checks, bank checks, and money
15    orders; investment securities; bearer negotiable
16    instruments; bearer investment securities; or bearer
17    securities and certificates of stock in such form that
18    title thereto passes upon delivery.
19        (4) "Criminally derived property" means: (A) any
20    property, real or personal, constituting or derived from
21    proceeds obtained, directly or indirectly, from activity
22    that constitutes a felony under State, federal, or foreign
23    law; or (B) any property represented to be property
24    constituting or derived from proceeds obtained, directly
25    or indirectly, from activity that constitutes a felony
26    under State, federal, or foreign law.

 

 

10000HB0303sam001- 51 -LRB100 05313 SLF 27340 a

1        (5) "Conduct" or "conducts" includes, in addition to
2    its ordinary meaning, initiating, concluding, or
3    participating in initiating or concluding a transaction.
4        (6) "Specified criminal activity" means any violation
5    of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
6    of Article 29D of this Code.
7        (7) "Director" means the Director of State Police or
8    his or her designated agents.
9        (8) "Department" means the Department of State Police
10    of the State of Illinois or its successor agency.
11        (9) "Transaction reporting requirement under State
12    law" means any violation as defined under the Currency
13    Reporting Act.
14    (c) Sentence.
15        (1) Laundering of criminally derived property of a
16    value not exceeding $10,000 is a Class 3 felony;
17        (2) Laundering of criminally derived property of a
18    value exceeding $10,000 but not exceeding $100,000 is a
19    Class 2 felony;
20        (3) Laundering of criminally derived property of a
21    value exceeding $100,000 but not exceeding $500,000 is a
22    Class 1 felony;
23        (4) Money laundering in violation of subsection (a)(2)
24    of this Section is a Class X felony;
25        (5) Laundering of criminally derived property of a
26    value exceeding $500,000 is a Class 1 non-probationable

 

 

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1    felony;
2        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
3    this Section, the sentences are as follows:
4            (A) Laundering of property of a value not exceeding
5        $10,000 is a Class 3 felony;
6            (B) Laundering of property of a value exceeding
7        $10,000 but not exceeding $100,000 is a Class 2 felony;
8            (C) Laundering of property of a value exceeding
9        $100,000 but not exceeding $500,000 is a Class 1
10        felony;
11            (D) Laundering of property of a value exceeding
12        $500,000 is a Class 1 non-probationable felony.
13    (d) Evidence. In a prosecution under this Article, either
14party may introduce the following evidence pertaining to the
15issue of whether the property or proceeds were known to be some
16form of criminally derived property or from some form of
17unlawful activity:
18        (1) A financial transaction was conducted or
19    structured or attempted in violation of the reporting
20    requirements of any State or federal law; or
21        (2) A financial transaction was conducted or attempted
22    with the use of a false or fictitious name or a forged
23    instrument; or
24        (3) A falsely altered or completed written instrument
25    or a written instrument that contains any materially false
26    personal identifying information was made, used, offered

 

 

10000HB0303sam001- 53 -LRB100 05313 SLF 27340 a

1    or presented, whether accepted or not, in connection with a
2    financial transaction; or
3        (4) A financial transaction was structured or
4    attempted to be structured so as to falsely report the
5    actual consideration or value of the transaction; or
6        (5) A money transmitter, a person engaged in a trade or
7    business or any employee of a money transmitter or a person
8    engaged in a trade or business, knows or reasonably should
9    know that false personal identifying information has been
10    presented and incorporates the false personal identifying
11    information into any report or record; or
12        (6) The criminally derived property is transported or
13    possessed in a fashion inconsistent with the ordinary or
14    usual means of transportation or possession of such
15    property and where the property is discovered in the
16    absence of any documentation or other indicia of legitimate
17    origin or right to such property; or
18        (7) A person pays or receives substantially less than
19    face value for one or more monetary instruments; or
20        (8) A person engages in a transaction involving one or
21    more monetary instruments, where the physical condition or
22    form of the monetary instrument or instruments makes it
23    apparent that they are not the product of bona fide
24    business or financial transactions.
25    (e) Duty to enforce this Article.
26        (1) It is the duty of the Department of State Police,

 

 

10000HB0303sam001- 54 -LRB100 05313 SLF 27340 a

1    and its agents, officers, and investigators, to enforce all
2    provisions of this Article, except those specifically
3    delegated, and to cooperate with all agencies charged with
4    the enforcement of the laws of the United States, or of any
5    state, relating to money laundering. Only an agent,
6    officer, or investigator designated by the Director may be
7    authorized in accordance with this Section to serve seizure
8    notices, warrants, subpoenas, and summonses under the
9    authority of this State.
10        (2) Any agent, officer, investigator, or peace officer
11    designated by the Director may: (A) make seizure of
12    property pursuant to the provisions of this Article; and
13    (B) perform such other law enforcement duties as the
14    Director designates. It is the duty of all State's
15    Attorneys to prosecute violations of this Article and
16    institute legal proceedings as authorized under this
17    Article.
18    (f) Protective orders.
19        (1) Upon application of the State, the court may enter
20    a restraining order or injunction, require the execution of
21    a satisfactory performance bond, or take any other action
22    to preserve the availability of property described in
23    subsection (h) for forfeiture under this Article:
24            (A) upon the filing of an indictment, information,
25        or complaint charging a violation of this Article for
26        which forfeiture may be ordered under this Article and

 

 

10000HB0303sam001- 55 -LRB100 05313 SLF 27340 a

1        alleging that the property with respect to which the
2        order is sought would be subject to forfeiture under
3        this Article; or
4            (B) prior to the filing of such an indictment,
5        information, or complaint, if, after notice to persons
6        appearing to have an interest in the property and
7        opportunity for a hearing, the court determines that:
8                (i) there is probable cause to believe that the
9            State will prevail on the issue of forfeiture and
10            that failure to enter the order will result in the
11            property being destroyed, removed from the
12            jurisdiction of the court, or otherwise made
13            unavailable for forfeiture; and
14                (ii) the need to preserve the availability of
15            the property through the entry of the requested
16            order outweighs the hardship on any party against
17            whom the order is to be entered.
18            Provided, however, that an order entered pursuant
19        to subparagraph (B) shall be effective for not more
20        than 90 days, unless extended by the court for good
21        cause shown or unless an indictment, information,
22        complaint, or administrative notice has been filed.
23        (2) A temporary restraining order under this
24    subsection may be entered upon application of the State
25    without notice or opportunity for a hearing when an
26    indictment, information, complaint, or administrative

 

 

10000HB0303sam001- 56 -LRB100 05313 SLF 27340 a

1    notice has not yet been filed with respect to the property,
2    if the State demonstrates that there is probable cause to
3    believe that the property with respect to which the order
4    is sought would be subject to forfeiture under this Section
5    and that provision of notice will jeopardize the
6    availability of the property for forfeiture. Such a
7    temporary order shall expire not more than 30 days after
8    the date on which it is entered, unless extended for good
9    cause shown or unless the party against whom it is entered
10    consents to an extension for a longer period. A hearing
11    requested concerning an order entered under this paragraph
12    shall be held at the earliest possible time and prior to
13    the expiration of the temporary order.
14        (3) The court may receive and consider, at a hearing
15    held pursuant to this subsection (f), evidence and
16    information that would be inadmissible under the Illinois
17    rules of evidence.
18        (4) Order to repatriate and deposit.
19            (A) In general. Pursuant to its authority to enter
20        a pretrial restraining order under this Section, the
21        court may order a defendant to repatriate any property
22        that may be seized and forfeited and to deposit that
23        property pending trial with the Illinois State Police
24        or another law enforcement agency designated by the
25        Illinois State Police.
26            (B) Failure to comply. Failure to comply with an

 

 

10000HB0303sam001- 57 -LRB100 05313 SLF 27340 a

1        order under this subsection (f) is punishable as a
2        civil or criminal contempt of court.
3    (g) Warrant of seizure. The State may request the issuance
4of a warrant authorizing the seizure of property described in
5subsection (h) in the same manner as provided for a search
6warrant. If the court determines that there is probable cause
7to believe that the property to be seized would be subject to
8forfeiture, the court shall issue a warrant authorizing the
9seizure of such property.
10    (h) Forfeiture.
11        (1) The following are subject to forfeiture:
12            (A) any property, real or personal, constituting,
13        derived from, or traceable to any proceeds the person
14        obtained directly or indirectly, as a result of a
15        violation of this Article;
16            (B) any of the person's property used, or intended
17        to be used, in any manner or part, to commit, or to
18        facilitate the commission of, a violation of this
19        Article;
20            (C) all conveyances, including aircraft, vehicles
21        or vessels, which are used, or intended for use, to
22        transport, or in any manner to facilitate the
23        transportation, sale, receipt, possession, or
24        concealment of property described in subparagraphs (A)
25        and (B), but:
26                (i) no conveyance used by any person as a

 

 

10000HB0303sam001- 58 -LRB100 05313 SLF 27340 a

1            common carrier in the transaction of business as a
2            common carrier is subject to forfeiture under this
3            Section unless it appears that the owner or other
4            person in charge of the conveyance is a consenting
5            party or privy to a violation of this Article;
6                (ii) no conveyance is subject to forfeiture
7            under this Section by reason of any act or omission
8            which the owner proves to have been committed or
9            omitted without his or her knowledge or consent;
10                (iii) a forfeiture of a conveyance encumbered
11            by a bona fide security interest is subject to the
12            interest of the secured party if he or she neither
13            had knowledge of nor consented to the act or
14            omission;
15            (D) all real property, including any right, title,
16        and interest (including, but not limited to, any
17        leasehold interest or the beneficial interest in a land
18        trust) in the whole of any lot or tract of land and any
19        appurtenances or improvements, which is used or
20        intended to be used, in any manner or part, to commit,
21        or in any manner to facilitate the commission of, any
22        violation of this Article or that is the proceeds of
23        any violation or act that constitutes a violation of
24        this Article.
25        (2) Property subject to forfeiture under this Article
26    may be seized by the Director or any peace officer upon

 

 

10000HB0303sam001- 59 -LRB100 05313 SLF 27340 a

1    process or seizure warrant issued by any court having
2    jurisdiction over the property. Seizure by the Director or
3    any peace officer without process may be made:
4            (A) if the seizure is incident to a seizure
5        warrant;
6            (B) if the property subject to seizure has been the
7        subject of a prior judgment in favor of the State in a
8        criminal proceeding, or in an injunction or forfeiture
9        proceeding based upon this Article;
10            (C) if there is probable cause to believe that the
11        property is directly or indirectly dangerous to health
12        or safety;
13            (D) if there is probable cause to believe that the
14        property is subject to forfeiture under this Article
15        and the property is seized under circumstances in which
16        a warrantless seizure or arrest would be reasonable; or
17            (E) in accordance with the Code of Criminal
18        Procedure of 1963.
19        (3) In the event of seizure pursuant to paragraph (2),
20    forfeiture proceedings shall be instituted in accordance
21    with subsections (i) through (r).
22        (4) Property taken or detained under this Section shall
23    not be subject to replevin, but is deemed to be in the
24    custody of the Director subject only to the order and
25    judgments of the circuit court having jurisdiction over the
26    forfeiture proceedings and the decisions of the State's

 

 

10000HB0303sam001- 60 -LRB100 05313 SLF 27340 a

1    Attorney under this Article. When property is seized under
2    this Article, the seizing agency shall promptly conduct an
3    inventory of the seized property and estimate the
4    property's value and shall forward a copy of the inventory
5    of seized property and the estimate of the property's value
6    to the Director. Upon receiving notice of seizure, the
7    Director may:
8            (A) place the property under seal;
9            (B) remove the property to a place designated by
10        the Director;
11            (C) keep the property in the possession of the
12        seizing agency;
13            (D) remove the property to a storage area for
14        safekeeping or, if the property is a negotiable
15        instrument or money and is not needed for evidentiary
16        purposes, deposit it in an interest bearing account;
17            (E) place the property under constructive seizure
18        by posting notice of pending forfeiture on it, by
19        giving notice of pending forfeiture to its owners and
20        interest holders, or by filing notice of pending
21        forfeiture in any appropriate public record relating
22        to the property; or
23            (F) provide for another agency or custodian,
24        including an owner, secured party, or lienholder, to
25        take custody of the property upon the terms and
26        conditions set by the Director.

 

 

10000HB0303sam001- 61 -LRB100 05313 SLF 27340 a

1        (5) When property is forfeited under this Article, the
2    Director shall sell all such property unless such property
3    is required by law to be destroyed or is harmful to the
4    public, and shall distribute the proceeds of the sale,
5    together with any moneys forfeited or seized, in accordance
6    with paragraph (6). However, upon the application of the
7    seizing agency or prosecutor who was responsible for the
8    investigation, arrest or arrests and prosecution which
9    lead to the forfeiture, the Director may return any item of
10    forfeited property to the seizing agency or prosecutor for
11    official use in the enforcement of laws, if the agency or
12    prosecutor can demonstrate that the item requested would be
13    useful to the agency or prosecutor in its enforcement
14    efforts. When any real property returned to the seizing
15    agency is sold by the agency or its unit of government, the
16    proceeds of the sale shall be delivered to the Director and
17    distributed in accordance with paragraph (6).
18        (6) All monies and the sale proceeds of all other
19    property forfeited and seized under this Article shall be
20    distributed as follows:
21            (A) 65% shall be distributed to the metropolitan
22        enforcement group, local, municipal, county, or State
23        law enforcement agency or agencies which conducted or
24        participated in the investigation resulting in the
25        forfeiture. The distribution shall bear a reasonable
26        relationship to the degree of direct participation of

 

 

10000HB0303sam001- 62 -LRB100 05313 SLF 27340 a

1        the law enforcement agency in the effort resulting in
2        the forfeiture, taking into account the total value of
3        the property forfeited and the total law enforcement
4        effort with respect to the violation of the law upon
5        which the forfeiture is based. Amounts distributed to
6        the agency or agencies shall be used for the
7        enforcement of laws.
8            (B)(i) 12.5% shall be distributed to the Office of
9        the State's Attorney of the county in which the
10        prosecution resulting in the forfeiture was
11        instituted, deposited in a special fund in the county
12        treasury and appropriated to the State's Attorney for
13        use in the enforcement of laws. In counties over
14        3,000,000 population, 25% shall be distributed to the
15        Office of the State's Attorney for use in the
16        enforcement of laws. If the prosecution is undertaken
17        solely by the Attorney General, the portion provided
18        hereunder shall be distributed to the Attorney General
19        for use in the enforcement of laws.
20            (ii) 12.5% shall be distributed to the Office of
21        the State's Attorneys Appellate Prosecutor and
22        deposited in the Narcotics Profit Forfeiture Fund of
23        that office to be used for additional expenses incurred
24        in the investigation, prosecution and appeal of cases
25        arising under laws. The Office of the State's Attorneys
26        Appellate Prosecutor shall not receive distribution

 

 

10000HB0303sam001- 63 -LRB100 05313 SLF 27340 a

1        from cases brought in counties with over 3,000,000
2        population.
3            (C) 10% shall be retained by the Department of
4        State Police for expenses related to the
5        administration and sale of seized and forfeited
6        property.
7        Moneys and the sale proceeds distributed to the
8    Department of State Police under this Article shall be
9    deposited in the Money Laundering Asset Recovery Fund
10    created in the State treasury and shall be used by the
11    Department of State Police for State law enforcement
12    purposes.
13        (7) All moneys and sale proceeds of property forfeited
14    and seized under this Article and distributed according to
15    paragraph (6) may also be used to purchase opioid
16    antagonists as defined in Section 5-23 of the Alcoholism
17    and Other Drug Abuse and Dependency Act.
18        (7.5) Preliminary Review.
19            (A) Within 14 days of the seizure, the State shall
20        seek a preliminary determination from the circuit
21        court as to whether there is probable cause that the
22        property may be subject to forfeiture.
23            (B) The rules of evidence shall not apply to any
24        proceeding conducted under this Section.
25            (C) The court may conduct the review under
26        subparagraph (A) of this paragraph (7.5)

 

 

10000HB0303sam001- 64 -LRB100 05313 SLF 27340 a

1        simultaneously with a proceeding under Section 109-1
2        of the Code of Criminal Procedure of 1963 for a related
3        criminal offense if a prosecution is commenced by
4        information or complaint.
5            (D) The court may accept a finding of probable
6        cause at a preliminary hearing following the filing of
7        an information or complaint charging a related
8        criminal offense or following the return of indictment
9        by a grand jury charging the related offense as
10        sufficient evidence of probable cause as required
11        under subparagraph (A) of this paragraph (7.5).
12            (E) Upon a finding of probable cause as required
13        under this Section, the circuit court shall order the
14        property subject to the applicable forfeiture Act held
15        until the conclusion of any forfeiture proceeding.
16    (i) Notice to owner or interest holder.
17        (1) The first attempted service shall be commenced
18    within 28 days of the latter of filing of the verified
19    claim or the receipt of the notice from seizing agency by
20    form 4-64. A complaint for forfeiture or a notice of
21    pending forfeiture shall be served on a claimant if the
22    owner's or interest holder's name and current address are
23    known, then by either: (i) personal service or; (ii)
24    mailing a copy of the notice by certified mail, return
25    receipt requested and first class mail, to that address. If
26    no signed return receipt is received by the State's

 

 

10000HB0303sam001- 65 -LRB100 05313 SLF 27340 a

1    Attorney within 28 days of mailing or no communication from
2    the owner or interest holder is received by the State's
3    Attorney documenting actual notice by the parties, the
4    State's Attorney shall, within a reasonable period of time,
5    mail a second copy of the notice by certified mail, return
6    receipt requested and first class mail, to that address. If
7    no signed return receipt is received by the State's
8    Attorney within 28 days of the second mailing, or no
9    communication from the owner or interest holder is received
10    by the State's Attorney documenting actual notice by the
11    parties, the State's Attorney shall have 60 days to attempt
12    to personally serve the notice by personal service,
13    including substitute service by leaving a copy at the usual
14    place of abode with some person of the family or a person
15    residing there, of the age of 13 years or upwards. If after
16    3 attempts at service in this manner, and no service of the
17    notice is accomplished, the notice shall be posted in a
18    conspicuous manner at this address and service shall be
19    made by the posting. The attempts at service and the
20    posting if required, shall be documented by the person
21    attempting service and the documentation shall be made part
22    of a return of service returned to the State's Attorney.
23    The State's Attorney may utilize any Sheriff or Deputy
24    Sheriff, a peace officer, a private process server or
25    investigator, or an employee, agent, or investigator of the
26    State's Attorney's Office to attempt service without

 

 

10000HB0303sam001- 66 -LRB100 05313 SLF 27340 a

1    seeking leave of court. After the procedures listed are
2    followed, service shall be effective on the owner or
3    interest holder on the date of receipt by the State's
4    Attorney of a returned return receipt requested, or on the
5    date of receipt of a communication from an owner or
6    interest holder documenting actual notice, whichever is
7    first in time, or on the date of the last act performed by
8    the State's Attorney in attempting personal service. For
9    purposes of notice under this Section, if a person has been
10    arrested for the conduct giving rise to the forfeiture, the
11    address provided to the arresting agency at the time of
12    arrest shall be deemed to be that person's known address.
13    Provided, however, if an owner or interest holder's address
14    changes prior to the effective date of the notice of
15    pending forfeiture, the owner or interest holder shall
16    promptly notify the seizing agency of the change in address
17    or, if the owner or interest holder's address changes
18    subsequent to the effective date of the notice of pending
19    forfeiture, the owner or interest holder shall promptly
20    notify the State's Attorney of the change in address. If
21    the property seized is a conveyance, notice shall also be
22    directed to the address reflected in the office of the
23    agency or official in which title or interest to the
24    conveyance is required by law to be recorded. Whenever
25    notice of pending forfeiture or service of an in rem
26    complaint is required under the provisions of this Article,

 

 

10000HB0303sam001- 67 -LRB100 05313 SLF 27340 a

1    such notice or service shall be given as follows:
2            (A) (Blank); If the owner's or interest holder's
3        name and current address are known, then by either
4        personal service or mailing a copy of the notice by
5        certified mail, return receipt requested, to that
6        address. For purposes of notice under this Section, if
7        a person has been arrested for the conduct giving rise
8        to the forfeiture, then the address provided to the
9        arresting agency at the time of arrest shall be deemed
10        to be that person's known address. Provided, however,
11        if an owner or interest holder's address changes prior
12        to the effective date of the notice of pending
13        forfeiture, the owner or interest holder shall
14        promptly notify the seizing agency of the change in
15        address or, if the owner or interest holder's address
16        changes subsequent to the effective date of the notice
17        of pending forfeiture, the owner or interest holder
18        shall promptly notify the State's Attorney of the
19        change in address; or
20            (A-5) If the owner's or interest holder's address
21        is not known, and is not on record as provided in
22        paragraph (1), service by publication for 3 successive
23        weeks in a newspaper of general circulation in the
24        county in which the seizure occurred shall suffice for
25        service requirements.
26            (A-10) Notice to any business entity, corporation,

 

 

10000HB0303sam001- 68 -LRB100 05313 SLF 27340 a

1        LLC, LLP, or partnership shall be complete by a single
2        mailing of a copy of the notice by certified mail,
3        return receipt requested and first class mail, to that
4        address. This notice is complete regardless of the
5        return of a signed "return receipt requested".
6            (A-15) Notice to a person whose address is not
7        within the State shall be completed by a single mailing
8        of a copy of the notice by certified mail, return
9        receipt requested and first class mail to that address.
10        This notice is complete regardless of the return of a
11        signed "return receipt requested".
12            (A-20) Notice to a person whose address is not
13        within the United States shall be completed by a single
14        mailing of a copy of the notice by certified mail,
15        return receipt requested and first class mail to that
16        address. This notice is complete regardless of the
17        return of a signed "return receipt requested". If
18        certified mail is not available in the foreign country
19        where the person has an address, notice shall proceed
20        by paragraph (A-15) publication requirements.
21            (A-25) A person who the State's Attorney
22        reasonably should know is incarcerated within this
23        State, shall also include, mailing a copy of the notice
24        by certified mail, return receipt requested and first
25        class mail, to the address of the detention facility
26        with the inmate's name clearly marked on the envelope.

 

 

10000HB0303sam001- 69 -LRB100 05313 SLF 27340 a

1            After a claimant files a verified claim with the
2        State's Attorney and provides an address at which they
3        will accept service, the complaint shall be served and
4        notice shall be complete upon the mailing of the
5        complaint to the claimant at the address the claimant
6        provided via certified mail, return receipt requested
7        and first class mail. No return receipt card need be
8        received, or any other attempts at service need be made
9        to comply with service and notice requirements under
10        this Section. This certified mailing, return receipt
11        requested shall be proof of service of the complaint on
12        the claimant. If notice is to be shown by actual notice
13        from communication with a claimant, then the State's
14        Attorney shall file an affidavit as proof of service
15        providing details of the communication which shall be
16        accepted as proof of service by the court.
17            (B) If the property seized is a conveyance, to the
18        address reflected in the office of the agency or
19        official in which title or interest to the conveyance
20        is required by law to be recorded, then by mailing a
21        copy of the notice by certified mail, return receipt
22        requested, to that address; or
23            (C) (Blank). If the owner's or interest holder's
24        address is not known, and is not on record as provided
25        in paragraph (B), then by publication for 3 successive
26        weeks in a newspaper of general circulation in the

 

 

10000HB0303sam001- 70 -LRB100 05313 SLF 27340 a

1        county in which the seizure occurred.
2        (2) Notice served under this Article is effective upon
3    personal service, the last date of publication, or the
4    mailing of written notice, whichever is earlier.
5    (j) Notice to State's Attorney. The law enforcement agency
6seizing property for forfeiture under this Article shall,
7within 60 90 days after seizure, notify the State's Attorney
8for the county, either where an act or omission giving rise to
9the forfeiture occurred or where the property was seized, of
10the seizure of the property and the facts and circumstances
11giving rise to the seizure and shall provide the State's
12Attorney with the inventory of the property and its estimated
13value. When the property seized for forfeiture is a vehicle,
14the law enforcement agency seizing the property shall
15immediately notify the Secretary of State that forfeiture
16proceedings are pending regarding such vehicle. This notice
17shall be by the form 4-64.
18    (k) Non-judicial forfeiture. If non-real property that
19exceeds $20,000 in value excluding the value of any conveyance,
20or if real property is seized under the provisions of this
21Article, the State's Attorney shall institute judicial in rem
22forfeiture proceedings as described in subsection (l) of this
23Section within 28 45 days from receipt of notice of seizure
24from the seizing agency under subsection (j) of this Section.
25However, if non-real property that does not exceed $20,000 in
26value excluding the value of any conveyance is seized, the

 

 

10000HB0303sam001- 71 -LRB100 05313 SLF 27340 a

1following procedure shall be used:
2        (1) If, after review of the facts surrounding the
3    seizure, the State's Attorney is of the opinion that the
4    seized property is subject to forfeiture, then within 45
5    days after the receipt of notice of seizure from the
6    seizing agency, the State's Attorney shall cause notice of
7    pending forfeiture to be given to the owner of the property
8    and all known interest holders of the property in
9    accordance with subsection (i) of this Section.
10        (2) The notice of pending forfeiture must include a
11    description of the property, the estimated value of the
12    property, the date and place of seizure, the conduct giving
13    rise to forfeiture or the violation of law alleged, and a
14    summary of procedures and procedural rights applicable to
15    the forfeiture action.
16        (3)(A) Any person claiming an interest in property
17    which is the subject of notice under paragraph (1) of this
18    subsection (k), must, in order to preserve any rights or
19    claims to the property, within 45 days after the effective
20    date of notice as described in subsection (i) of this
21    Section, file a verified claim with the State's Attorney
22    expressing his or her interest in the property. The claim
23    must set forth:
24            (i) the caption of the proceedings as set forth on
25        the notice of pending forfeiture and the name of the
26        claimant;

 

 

10000HB0303sam001- 72 -LRB100 05313 SLF 27340 a

1            (ii) the address at which the claimant will accept
2        mail;
3            (iii) the nature and extent of the claimant's
4        interest in the property;
5            (iv) the date, identity of the transferor, and
6        circumstances of the claimant's acquisition of the
7        interest in the property;
8            (v) the name and address of all other persons known
9        to have an interest in the property;
10            (vi) the specific provision of law relied on in
11        asserting the property is not subject to forfeiture;
12            (vii) all essential facts supporting each
13        assertion; and
14            (viii) the relief sought.
15        (B) If a claimant files the claim and deposits with the
16    State's Attorney a cost bond, in the form of a cashier's
17    check payable to the clerk of the court, in the sum of 10%
18    of the reasonable value of the property as alleged by the
19    State's Attorney or the sum of $100, whichever is greater,
20    upon condition that, in the case of forfeiture, the
21    claimant must pay all costs and expenses of forfeiture
22    proceedings, then the State's Attorney shall institute
23    judicial in rem forfeiture proceedings and deposit the cost
24    bond with the clerk of the court as described in subsection
25    (l) of this Section within 45 days after receipt of the
26    claim and cost bond. In lieu of a cost bond, a person

 

 

10000HB0303sam001- 73 -LRB100 05313 SLF 27340 a

1    claiming interest in the seized property may file, under
2    penalty of perjury, an indigency affidavit which has been
3    approved by a circuit court judge.
4        (C) (Blank). If none of the seized property is
5    forfeited in the judicial in rem proceeding, the clerk of
6    the court shall return to the claimant, unless the court
7    orders otherwise, 90% of the sum which has been deposited
8    and shall retain as costs 10% of the money deposited. If
9    any of the seized property is forfeited under the judicial
10    forfeiture proceeding, the clerk of the court shall
11    transfer 90% of the sum which has been deposited to the
12    State's Attorney prosecuting the civil forfeiture to be
13    applied to the costs of prosecution and the clerk shall
14    retain as costs 10% of the sum deposited.
15        (4) If no claim is filed or bond given within the 45
16    day period as described in paragraph (3) of this subsection
17    (k), the State's Attorney shall declare the property
18    forfeited and shall promptly notify the owner and all known
19    interest holders of the property and the Director of State
20    Police of the declaration of forfeiture and the Director
21    shall dispose of the property in accordance with law.
22    (l) Judicial in rem procedures. If property seized under
23the provisions of this Article is non-real property that
24exceeds $20,000 in value excluding the value of any conveyance,
25or is real property, or a claimant has filed a claim and a cost
26bond under paragraph (3) of subsection (k) of this Section, the

 

 

10000HB0303sam001- 74 -LRB100 05313 SLF 27340 a

1following judicial in rem procedures shall apply:
2        (1) If, after a review of the facts surrounding the
3    seizure, the State's Attorney is of the opinion that the
4    seized property is subject to forfeiture, then within 28 45
5    days of the receipt of notice of seizure by the seizing
6    agency or the filing of the claim and cost bond, whichever
7    is later, the State's Attorney shall institute judicial
8    forfeiture proceedings by filing a verified complaint for
9    forfeiture and, if the claimant has filed a claim and cost
10    bond, by depositing the cost bond with the clerk of the
11    court. When authorized by law, a forfeiture must be ordered
12    by a court on an action in rem brought by a State's
13    Attorney under a verified complaint for forfeiture.
14        (1.5) A complaint of forfeiture shall include:
15            (i) a description of the property seized;
16            (ii) the date and place of seizure of the property;
17            (iii) the name and address of the law enforcement
18        agency making the seizure; and
19            (iv) the specific statutory and factual grounds
20        for the seizure.
21        (1.10) The complaint shall be served upon the person
22    from whom the property was seized and all persons known or
23    reasonably believed by the State to claim an interest in
24    the property, as provided in subsection (i) of this
25    Section. The complaint shall be accompanied by the
26    following written notice:

 

 

10000HB0303sam001- 75 -LRB100 05313 SLF 27340 a

1        "This is a civil court proceeding subject to the Code
2    of Civil Procedure. You received this Complaint of
3    Forfeiture because the State's Attorney's office has
4    brought a legal action seeking forfeiture of your seized
5    property. This complaint starts the court process where the
6    State seeks to prove that your property should be forfeited
7    and not returned to you. This process is also your
8    opportunity to try to prove to a judge that you should get
9    your property back. The complaint lists the date, time, and
10    location of your first court date. You must appear in court
11    on that day, or you may lose the case automatically. You
12    must also file an appearance and answer. If you are unable
13    to pay the appearance fee, you may qualify to have the fee
14    waived. If there is a criminal case related to the seizure
15    of your property, your case may be set for trial after the
16    criminal case has been resolved. Before trial, the judge
17    may allow discovery, where the State can ask you to respond
18    in writing to questions and give them certain documents,
19    and you can make similar requests of the State. The trial
20    is your opportunity to explain what happened when your
21    property was seized and why you should get the property
22    back."
23        (2) The laws of evidence relating to civil actions
24    shall apply to proceedings under this Article with the
25    following exception. The parties shall be allowed to use,
26    and the court shall receive and consider all relevant

 

 

10000HB0303sam001- 76 -LRB100 05313 SLF 27340 a

1    hearsay evidence which relates to evidentiary foundation,
2    chain of custody, business records, recordings, laboratory
3    analysis, laboratory reports, and relevant hearsay related
4    to the use of technology in the investigation which
5    resulted in the seizure of property which is now subject to
6    this forfeiture action. During the probable cause portion
7    of the judicial in rem proceeding wherein the State
8    presents its case-in-chief, the court must receive and
9    consider, among other things, all relevant hearsay
10    evidence and information. The laws of evidence relating to
11    civil actions apply to all other portions of the judicial
12    in rem proceeding.
13        (3) Only an owner of or interest holder in the property
14    may file an answer asserting a claim against the property
15    in the action in rem. For purposes of this Section, the
16    owner or interest holder shall be referred to as claimant.
17    Upon motion of the State, the court shall first hold a
18    hearing, wherein any claimant must establish by a
19    preponderance of the evidence, that he or she has a lawful,
20    legitimate ownership interest in the property and that it
21    was obtained through a lawful source.
22        (4) The answer must be signed by the owner or interest
23    holder under penalty of perjury and must set forth:
24            (A) the caption of the proceedings as set forth on
25        the notice of pending forfeiture and the name of the
26        claimant;

 

 

10000HB0303sam001- 77 -LRB100 05313 SLF 27340 a

1            (B) the address at which the claimant will accept
2        mail;
3            (C) the nature and extent of the claimant's
4        interest in the property;
5            (D) the date, identity of transferor, and
6        circumstances of the claimant's acquisition of the
7        interest in the property;
8            (E) the name and address of all other persons known
9        to have an interest in the property;
10            (F) all essential facts supporting each assertion;
11        and
12            (G) the precise relief sought; and .
13            (H) the answer shall follow the rules under the
14        Code of Civil Procedure.
15        (5) The answer must be filed with the court within 45
16    days after service of the civil in rem complaint.
17        (6) The hearing must be held within 60 days after
18    filing of the answer unless continued for good cause.
19        (7) At the judicial in rem proceeding, in the State's
20    case in chief, the State shall show by a preponderance of
21    the evidence that the property is subject to forfeiture. If
22    the State makes such a showing, the claimant shall have the
23    burden of production to set forth evidence that the
24    property is not related to the alleged factual basis of the
25    forfeiture. After this production of evidence, the State
26    shall maintain the burden of proof to overcome this

 

 

10000HB0303sam001- 78 -LRB100 05313 SLF 27340 a

1    assertion. A claimant shall provide the State notice of its
2    intent to allege that the currency or its equivalent is not
3    related to the alleged factual basis of the forfeiture and
4    why. As to conveyances, at the judicial in rem proceeding,
5    in their case in chief, the State shall show by a
6    preponderance of the evidence, that (1) the property is
7    subject to forfeiture; and (2) at least one of the
8    following:
9            (i) that the claimant was legally accountable for
10        the conduct giving rise to the forfeiture;
11            (ii) that the claimant knew or reasonably should
12        have known of the conduct giving rise to the
13        forfeiture;
14            (iii) that the claimant knew or reasonable should
15        have known that the conduct giving rise to the
16        forfeiture was likely to occur;
17            (iv) that the claimant held the property for the
18        benefit of, or as nominee for, any person whose conduct
19        gave rise to its forfeiture;
20            (v) that if the claimant acquired their interest
21        through any person engaging in any of the conduct
22        described above or conduct giving rise to the
23        forfeiture;
24                (1) the claimant did not acquire it as a bona
25            fide purchaser for value; or
26                (2) the claimant acquired the interest under

 

 

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1            the circumstances that they reasonably should have
2            known the property was derived from, or used in,
3            the conduct giving rise to the forfeiture; or
4            (vii) that the claimant is not the true owner of
5        the property that is subject to forfeiture. The State
6        shall show the existence of probable cause for
7        forfeiture of the property. If the State shows probable
8        cause, the claimant has the burden of showing by a
9        preponderance of the evidence that the claimant's
10        interest in the property is not subject to forfeiture.
11        (8) If the State does not meet its burden to show that
12    the property is subject to forfeiture show existence of
13    probable cause, the court shall order the interest in the
14    property returned or conveyed to the claimant and shall
15    order all other property forfeited to the State. If the
16    State does meet its burden to show that the property is
17    subject to forfeiture If the State does show existence of
18    probable cause, the court shall order all property
19    forfeited to the State.
20        (9) A defendant convicted in any criminal proceeding is
21    precluded from later denying the essential allegations of
22    the criminal offense of which the defendant was convicted
23    in any proceeding under this Article regardless of the
24    pendency of an appeal from that conviction. However,
25    evidence of the pendency of an appeal is admissible.
26        (10) On An acquittal or dismissal in a criminal

 

 

10000HB0303sam001- 80 -LRB100 05313 SLF 27340 a

1    proceeding does not preclude civil proceedings under this
2    Article; however, for good cause shown, on a motion by the
3    the parties State's Attorney, the court may stay civil
4    forfeiture proceedings during the criminal trial for a
5    related criminal indictment or information alleging a
6    money laundering violation. Such a stay shall not be
7    available pending an appeal. Property subject to
8    forfeiture under this Article shall not be subject to
9    return or release by a court exercising jurisdiction over a
10    criminal case involving the seizure of such property unless
11    such return or release is consented to by the State's
12    Attorney.
13        Notwithstanding any other provision of this Section,
14    the State's burden of proof at the trial of the forfeiture
15    action shall be by clear and convincing evidence if: (1) a
16    finding of not guilty is entered as to all counts and all
17    defendants in a criminal proceeding relating to the conduct
18    giving rise to the forfeiture action; or (2) the State
19    receives an adverse finding at a preliminary hearing and
20    fails to secure an indictment in a criminal proceeding
21    relating to the factual allegations of the forfeiture
22    action.
23        (11) All property declared forfeited under this
24    Article vests in this State on the commission of the
25    conduct giving rise to forfeiture together with the
26    proceeds of the property after that time. Except as

 

 

10000HB0303sam001- 81 -LRB100 05313 SLF 27340 a

1    otherwise provided in this Article, title to any Any such
2    property or proceeds subsequently transferred to any
3    person remain subject to forfeiture and thereafter shall be
4    ordered forfeited unless the person to whom the property
5    was transferred makes an appropriate claim and has his or
6    her claim adjudicated at the judicial in rem hearing.
7        (12) A civil action under this Article must be
8    commenced within 5 years after the last conduct giving rise
9    to forfeiture became known or should have become known or 5
10    years after the forfeitable property is discovered,
11    whichever is later, excluding any time during which either
12    the property or claimant is out of the State or in
13    confinement or during which criminal proceedings relating
14    to the same conduct are in progress.
15    (m) Stay of time periods. If property is seized for
16evidence and for forfeiture, the time periods for instituting
17judicial and non-judicial forfeiture proceedings shall not
18begin until the property is no longer necessary for evidence.
19    (n) Settlement of claims. Notwithstanding other provisions
20of this Article, the State's Attorney and a claimant of seized
21property may enter into an agreed-upon settlement concerning
22the seized property in such an amount and upon such terms as
23are set out in writing in a settlement agreement. All proceeds
24from a settlement agreement shall be tendered to the Department
25of State Police and distributed under paragraph (6) of
26subsection (h) of this Section.

 

 

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1    (o) Property constituting attorney fees. Nothing in this
2Article applies to property which constitutes reasonable bona
3fide attorney's fees paid to an attorney for services rendered
4or to be rendered in the forfeiture proceeding or criminal
5proceeding relating directly thereto where such property was
6paid before its seizure, before the issuance of any seizure
7warrant or court order prohibiting transfer of the property and
8where the attorney, at the time he or she received the property
9did not know that it was property subject to forfeiture under
10this Article.
11    (p) Construction. It is the intent of the General Assembly
12that the forfeiture provisions of this Article be liberally
13construed so as to effect their remedial purpose. The
14forfeiture of property and other remedies hereunder shall be
15considered to be in addition to, and not exclusive of, any
16sentence or other remedy provided by law.
17    (q) Judicial review. If property has been declared
18forfeited under subsection (k) of this Section, any person who
19has an interest in the property declared forfeited may, within
2030 days after the effective date of the notice of the
21declaration of forfeiture, file a claim and cost bond as
22described in paragraph (3) of subsection (k) of this Section.
23If a claim and cost bond is filed under this Section, then the
24procedures described in subsection (l) of this Section apply.
25    (r) (Blank). Burden of proof of exemption or exception. It
26is not necessary for the State to negate any exemption or

 

 

10000HB0303sam001- 83 -LRB100 05313 SLF 27340 a

1exception in this Article in any complaint, information,
2indictment or other pleading or in any trial, hearing, or other
3proceeding under this Article. The burden of proof of any
4exemption or exception is upon the person claiming it.
5    (s) Review of administrative decisions. All administrative
6findings, rulings, final determinations, findings, and
7conclusions of the State's Attorney's Office under this Article
8are final and conclusive decisions of the matters involved. Any
9person aggrieved by the decision may obtain review of the
10decision pursuant to the provisions of the Administrative
11Review Law and the rules adopted pursuant to that Law. Pending
12final decision on such review, the administrative acts, orders,
13and rulings of the State's Attorney's Office remain in full
14force and effect unless modified or suspended by order of court
15pending final judicial decision. Pending final decision on such
16review, the acts, orders, and rulings of the State's Attorney's
17Office remain in full force and effect, unless stayed by order
18of court. However, no stay of any decision of the
19administrative agency shall issue unless the person aggrieved
20by the decision establishes by a preponderance of the evidence
21that good cause exists for the stay. In determining good cause,
22the court shall find that the aggrieved party has established a
23substantial likelihood of prevailing on the merits and that
24granting the stay will not have an injurious effect on the
25general public.
26    (t) Actual physical seizure of real property subject to

 

 

10000HB0303sam001- 84 -LRB100 05313 SLF 27340 a

1forfeiture under this Act requires the issuance of a seizure
2warrant. Nothing in this Section prohibits the constructive
3seizure of real property through the filing of a complaint for
4forfeiture in circuit court and the recording of a lis pendens
5against the real property which is subject to forfeiture
6without any hearing, warrant application, or judicial
7approval.
8    (u) Property which is forfeited shall be subject to an 8th
9amendment to the United States Constitution disproportionate
10penalties analysis and the property forfeiture may be denied in
11whole or in part if the court finds that the forfeiture would
12constitute an excessive fine in violation of the 8th amendment
13as interpreted by case law.
14    (v) If property is ordered forfeited under this Section
15from a claimant who held title to the property in joint tenancy
16or tenancy in common with another claimant, the court shall
17determine the amount of each owner's interest in the property
18according to principles of property law.
19    (w) A claimant or a party interested in personal property
20contained within a seized conveyance may file a request with
21the State's Attorney in a non-judicial forfeiture action, or a
22motion with the court in a judicial forfeiture action for the
23return of any personal property contained within a conveyance
24which is seized under this Article. The return of personal
25property shall not be unreasonably withheld if the personal
26property is not mechanically or electrically coupled to the

 

 

10000HB0303sam001- 85 -LRB100 05313 SLF 27340 a

1conveyance, needed for evidentiary purposes, or otherwise
2contraband. Any law enforcement agency that returns property
3under a court order under this Section shall not be liable to
4any person who claims ownership to the property if it is
5returned to an improper party.
6    (x) Innocent owner hearing.
7        (1) After a complaint for forfeiture has been filed and
8    all claimants have appeared and answered, a claimant may
9    file a motion with the court for an innocent owner hearing
10    prior to trial. This motion shall be made and supported by
11    sworn affidavit and shall assert the following along with
12    specific facts which support each assertion:
13            (i) that the claimant filing the motion is the true
14        owner of the conveyance as interpreted by case law;
15            (ii) that the claimant was not legally accountable
16        for the conduct giving rise to the forfeiture or
17        acquiesced in the conduct;
18            (iii) that the claimant did not solicit, conspire,
19        or attempt to commit the conduct giving rise to the
20        forfeiture;
21            (iv) that the claimant did not know or did not have
22        reason to know that the conduct giving rise to the
23        forfeiture was likely to occur; and
24            (v) that the claimant did not hold the property for
25        the benefit of, or as nominee for any person whose
26        conduct gave rise to its forfeiture or if the owner or

 

 

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1        interest holder acquired the interest through any
2        person, the owner or interest holder did not acquire it
3        as a bona fide purchaser for value or acquired the
4        interest without knowledge of the seizure of the
5        property for forfeiture.
6        (2) The claimant shall include specific facts which
7    support these assertions in their motion.
8        (3) Upon this filing, a hearing may only be conducted
9    after the parties have been given the opportunity to
10    conduct limited discovery as to the ownership and control
11    of the property, the claimant's knowledge, or any matter
12    relevant to the issues raised or facts alleged in the
13    claimant's motion. Discovery shall be limited to the
14    People's requests in these areas but may proceed by any
15    means allowed in the Code of Civil Procedure.
16            (i) After discovery is complete and the court has
17        allowed for sufficient time to review and investigate
18        the discovery responses, the court shall conduct a
19        hearing. At the hearing, the fact that the conveyance
20        is subject to forfeiture shall not be at issue. The
21        court shall only hear evidence relating to the issue of
22        innocent ownership.
23            (ii) At the hearing on the motion, it shall be the
24        burden of the claimant to prove each of the assertions
25        listed in paragraph (1) of this subsection (x) by a
26        preponderance of the evidence.

 

 

10000HB0303sam001- 87 -LRB100 05313 SLF 27340 a

1            (iii) If a claimant meets his burden of proof, the
2        court shall grant the motion and order the property
3        returned to the claimant. If the claimant fails to meet
4        his or her burden of proof then the court shall deny
5        the motion.
6    (y) No property shall be forfeited under this Section from
7a person who, without actual or constructive notice that the
8property was the subject of forfeiture proceedings, obtained
9possession of the property as a bona fide purchaser for value.
10A person who purports to affect transfer of property after
11receiving actual or constructive notice that the property is
12subject to seizure or forfeiture is guilty of contempt of
13court, and shall be liable to the State for a penalty in the
14amount of the fair market value of the property.
15    (z) Forfeiture proceedings under this Section shall be
16subject to the Code of Civil Procedure and the rules of
17evidence relating to civil actions.
18    (aa) Return of property, damages, and costs.
19        (1) The law enforcement agency that holds custody of
20    property seized for forfeiture shall deliver property
21    ordered by the court to be returned or conveyed to the
22    claimant within a reasonable time not to exceed 7 days,
23    unless the order is stayed by the trial court or a
24    reviewing court pending an appeal, motion to reconsider, or
25    other reason.
26        (2) The law enforcement agency that holds custody of

 

 

10000HB0303sam001- 88 -LRB100 05313 SLF 27340 a

1    property is responsible for any damages, storage fees, and
2    related costs applicable to property returned. The
3    claimant shall not be subject to any charges by the State
4    for storage of the property or expenses incurred in the
5    preservation of the property. Charges for the towing of a
6    conveyance shall be borne by the claimant unless the
7    conveyance was towed for the sole reason of seizure for
8    forfeiture. This Section does not prohibit the imposition
9    of any fees or costs by a home rule unit of local
10    government related to the impoundment of a conveyance under
11    an ordinance enacted by the unit of government.
12        (3) A law enforcement agency shall not retain forfeited
13    property for its own use or transfer the property to any
14    person or entity, except as provided under this Section. A
15    law enforcement agency may apply in writing to the Director
16    of State Police to request that a forfeited property be
17    awarded to the agency for a specifically articulated
18    official law enforcement use in an investigation. The
19    Director of State Police shall provide a written
20    justification in each instance detailing the reasons why
21    the forfeited property was placed into official use and the
22    justification shall be retained for a period of not less
23    than 3 years.
24    (bb) The changes made to this Section by this amendatory
25Act of the 100th General Assembly are subject to Sections 2 and
264 of the Statute on Statutes.

 

 

10000HB0303sam001- 89 -LRB100 05313 SLF 27340 a

1(Source: P.A. 99-480, eff. 9-9-15.)
 
2    (720 ILCS 5/33G-6)
3    (Section scheduled to be repealed on June 11, 2017)
4    Sec. 33G-6. Remedial proceedings, procedures, and
5forfeiture. Under this Article:
6    (a) The circuit court shall have jurisdiction to prevent
7and restrain violations of this Article by issuing appropriate
8orders, including:
9        (1) ordering any person to disgorge illicit proceeds
10    obtained by a violation of this Article or divest himself
11    or herself of any interest, direct or indirect, in any
12    enterprise or real or personal property of any character,
13    including money, obtained, directly or indirectly, by a
14    violation of this Article;
15        (2) imposing reasonable restrictions on the future
16    activities or investments of any person or enterprise,
17    including prohibiting any person or enterprise from
18    engaging in the same type of endeavor as the person or
19    enterprise engaged in, that violated this Article; or
20        (3) ordering dissolution or reorganization of any
21    enterprise, making due provision for the rights of innocent
22    persons.
23    (b) Any violation of this Article is subject to the
24remedies, procedures, and forfeiture as set forth in
25subsections (f) through (s) of Section 29B-1 of this Code.

 

 

10000HB0303sam001- 90 -LRB100 05313 SLF 27340 a

1    (c) Property seized or forfeited under this Article is
2subject to reporting under the Seizure and Forfeiture Reporting
3Act.
4(Source: P.A. 97-686, eff. 6-11-12.)
 
5    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
6    Sec. 36-1. Property subject to forfeiture Seizure.
7    (a) Any vessel or watercraft, vehicle, or aircraft is
8subject to forfeiture under this Article may be seized and
9impounded by the law enforcement agency if the vessel or
10watercraft, vehicle, or aircraft is used with the knowledge and
11consent of the owner in the commission of or in the attempt to
12commit as defined in Section 8-4 of this Code:
13        (1) an offense prohibited by Section 9-1 (first degree
14    murder), Section 9-3 (involuntary manslaughter and
15    reckless homicide), Section 10-2 (aggravated kidnaping),
16    Section 11-1.20 (criminal sexual assault), Section 11-1.30
17    (aggravated criminal sexual assault), Section 11-1.40
18    (predatory criminal sexual assault of a child), subsection
19    (a) of Section 11-1.50 (criminal sexual abuse), subsection
20    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
21    sexual abuse), Section 11-6 (indecent solicitation of a
22    child), Section 11-14.4 (promoting juvenile prostitution
23    except for keeping a place of juvenile prostitution),
24    Section 11-20.1 (child pornography), paragraph (a)(1),
25    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),

 

 

10000HB0303sam001- 91 -LRB100 05313 SLF 27340 a

1    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
2    (aggravated battery), Section 12-7.3 (stalking), Section
3    12-7.4 (aggravated stalking), Section 16-1 (theft if the
4    theft is of precious metal or of scrap metal), subdivision
5    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
6    18-2 (armed robbery), Section 19-1 (burglary), Section
7    19-2 (possession of burglary tools), Section 19-3
8    (residential burglary), Section 20-1 (arson; residential
9    arson; place of worship arson), Section 20-2 (possession of
10    explosives or explosive or incendiary devices),
11    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
12    of weapons), Section 24-1.2 (aggravated discharge of a
13    firearm), Section 24-1.2-5 (aggravated discharge of a
14    machine gun or a firearm equipped with a device designed or
15    used for silencing the report of a firearm), Section 24-1.5
16    (reckless discharge of a firearm), Section 28-1
17    (gambling), or Section 29D-15.2 (possession of a deadly
18    substance) of this Code;
19        (2) an offense prohibited by Section 21, 22, 23, 24 or
20    26 of the Cigarette Tax Act if the vessel or watercraft,
21    vehicle, or aircraft contains more than 10 cartons of such
22    cigarettes;
23        (3) an offense prohibited by Section 28, 29, or 30 of
24    the Cigarette Use Tax Act if the vessel or watercraft,
25    vehicle, or aircraft contains more than 10 cartons of such
26    cigarettes;

 

 

10000HB0303sam001- 92 -LRB100 05313 SLF 27340 a

1        (4) an offense prohibited by Section 44 of the
2    Environmental Protection Act;
3        (5) an offense prohibited by Section 11-204.1 of the
4    Illinois Vehicle Code (aggravated fleeing or attempting to
5    elude a peace officer);
6        (6) an offense prohibited by Section 11-501 of the
7    Illinois Vehicle Code (driving while under the influence of
8    alcohol or other drug or drugs, intoxicating compound or
9    compounds or any combination thereof) or a similar
10    provision of a local ordinance, and:
11            (A) during a period in which his or her driving
12        privileges are revoked or suspended if the revocation
13        or suspension was for:
14                (i) Section 11-501 (driving under the
15            influence of alcohol or other drug or drugs,
16            intoxicating compound or compounds or any
17            combination thereof),
18                (ii) Section 11-501.1 (statutory summary
19            suspension or revocation),
20                (iii) paragraph (b) of Section 11-401 (motor
21            vehicle accidents involving death or personal
22            injuries), or
23                (iv) reckless homicide as defined in Section
24            9-3 of this Code;
25            (B) has been previously convicted of reckless
26        homicide or a similar provision of a law of another

 

 

10000HB0303sam001- 93 -LRB100 05313 SLF 27340 a

1        state relating to reckless homicide in which the person
2        was determined to have been under the influence of
3        alcohol, other drug or drugs, or intoxicating compound
4        or compounds as an element of the offense or the person
5        has previously been convicted of committing a
6        violation of driving under the influence of alcohol or
7        other drug or drugs, intoxicating compound or
8        compounds or any combination thereof and was involved
9        in a motor vehicle accident that resulted in death,
10        great bodily harm, or permanent disability or
11        disfigurement to another, when the violation was a
12        proximate cause of the death or injuries;
13            (C) the person committed a violation of driving
14        under the influence of alcohol or other drug or drugs,
15        intoxicating compound or compounds or any combination
16        thereof under Section 11-501 of the Illinois Vehicle
17        Code or a similar provision for the third or subsequent
18        time;
19            (D) he or she did not possess a valid driver's
20        license or permit or a valid restricted driving permit
21        or a valid judicial driving permit or a valid
22        monitoring device driving permit; or
23            (E) he or she knew or should have known that the
24        vehicle he or she was driving was not covered by a
25        liability insurance policy;
26        (7) an offense described in subsection (g) of Section

 

 

10000HB0303sam001- 94 -LRB100 05313 SLF 27340 a

1    6-303 of the Illinois Vehicle Code;
2        (8) an offense described in subsection (e) of Section
3    6-101 of the Illinois Vehicle Code; or
4        (9)(A) operating a watercraft under the influence of
5    alcohol, other drug or drugs, intoxicating compound or
6    compounds, or combination thereof under Section 5-16 of the
7    Boat Registration and Safety Act during a period in which
8    his or her privileges to operate a watercraft are revoked
9    or suspended and the revocation or suspension was for
10    operating a watercraft under the influence of alcohol,
11    other drug or drugs, intoxicating compound or compounds, or
12    combination thereof; (B) operating a watercraft under the
13    influence of alcohol, other drug or drugs, intoxicating
14    compound or compounds, or combination thereof and has been
15    previously convicted of reckless homicide or a similar
16    provision of a law in another state relating to reckless
17    homicide in which the person was determined to have been
18    under the influence of alcohol, other drug or drugs,
19    intoxicating compound or compounds, or combination thereof
20    as an element of the offense or the person has previously
21    been convicted of committing a violation of operating a
22    watercraft under the influence of alcohol, other drug or
23    drugs, intoxicating compound or compounds, or combination
24    thereof and was involved in an accident that resulted in
25    death, great bodily harm, or permanent disability or
26    disfigurement to another, when the violation was a

 

 

10000HB0303sam001- 95 -LRB100 05313 SLF 27340 a

1    proximate cause of the death or injuries; or (C) the person
2    committed a violation of operating a watercraft under the
3    influence of alcohol, other drug or drugs, intoxicating
4    compound or compounds, or combination thereof under
5    Section 5-16 of the Boat Registration and Safety Act or a
6    similar provision for the third or subsequent time.
7    (b) In addition, any mobile or portable equipment used in
8the commission of an act which is in violation of Section 7g of
9the Metropolitan Water Reclamation District Act shall be
10subject to seizure and forfeiture under the same procedures
11provided in this Article for the seizure and forfeiture of
12vessels or watercraft, vehicles, and aircraft, and any such
13equipment shall be deemed a vessel or watercraft, vehicle, or
14aircraft for purposes of this Article.
15    (c) In addition, when a person discharges a firearm at
16another individual from a vehicle with the knowledge and
17consent of the owner of the vehicle and with the intent to
18cause death or great bodily harm to that individual and as a
19result causes death or great bodily harm to that individual,
20the vehicle shall be subject to seizure and forfeiture under
21the same procedures provided in this Article for the seizure
22and forfeiture of vehicles used in violations of clauses (1),
23(2), (3), or (4) of subsection (a) of this Section.
24    (d) If the spouse of the owner of a vehicle seized for an
25offense described in subsection (g) of Section 6-303 of the
26Illinois Vehicle Code, a violation of subdivision (d)(1)(A),

 

 

10000HB0303sam001- 96 -LRB100 05313 SLF 27340 a

1(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
211-501 of the Illinois Vehicle Code, or Section 9-3 of this
3Code makes a showing that the seized vehicle is the only source
4of transportation and it is determined that the financial
5hardship to the family as a result of the seizure outweighs the
6benefit to the State from the seizure, the vehicle may be
7forfeited to the spouse or family member and the title to the
8vehicle shall be transferred to the spouse or family member who
9is properly licensed and who requires the use of the vehicle
10for employment or family transportation purposes. A written
11declaration of forfeiture of a vehicle under this Section shall
12be sufficient cause for the title to be transferred to the
13spouse or family member. The provisions of this paragraph shall
14apply only to one forfeiture per vehicle. If the vehicle is the
15subject of a subsequent forfeiture proceeding by virtue of a
16subsequent conviction of either spouse or the family member,
17the spouse or family member to whom the vehicle was forfeited
18under the first forfeiture proceeding may not utilize the
19provisions of this paragraph in another forfeiture proceeding.
20If the owner of the vehicle seized owns more than one vehicle,
21the procedure set out in this paragraph may be used for only
22one vehicle.
23    (e) In addition, property subject to forfeiture declared
24contraband under Section 40 of the Illinois Streetgang
25Terrorism Omnibus Prevention Act may be seized and forfeited
26under this Article.

 

 

10000HB0303sam001- 97 -LRB100 05313 SLF 27340 a

1(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
299-78, eff. 7-20-15.)
 
3    (720 ILCS 5/36-1.1 new)
4    Sec. 36-1.1. Seizure.
5    (a) Any property subject to forfeiture under this Article
6may be seized and impounded by the Director of State Police or
7any peace officer upon process or seizure warrant issued by any
8court having jurisdiction over the property.
9    (b) Any property subject to forfeiture under this Article
10may be seized and impounded by the Director of State Police or
11any peace officer without process if there is probable cause to
12believe that the property is subject to forfeiture under
13Section 36-1 of this Article and the property is seized under
14circumstances in which a warrantless seizure or arrest would be
15reasonable.
16    (c) If the seized property is a conveyance, an
17investigation shall be made by the law enforcement agency as to
18any person whose right, title, interest, or lien is of record
19in the office of the agency or official in which title or
20interest to the conveyance is required by law to be recorded.
21    (d) After seizure under this Section, notice shall be given
22to all known interest holders that forfeiture proceedings,
23including a preliminary review, may be instituted and the
24proceedings may be instituted under this Article.
 

 

 

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1    (720 ILCS 5/36-1.2 new)
2    Sec. 36-1.2. Receipt for seized property. If a law
3enforcement officer seizes property for forfeiture under this
4Article, the officer shall provide an itemized receipt to the
5person possessing the property or, in the absence of a person
6to whom the receipt could be given, shall leave the receipt in
7the place where the property was found, if possible.
 
8    (720 ILCS 5/36-1.3 new)
9    Sec. 36-1.3. Safekeeping of seized property pending
10disposition.
11    (a) Property seized under this Article is deemed to be in
12the custody of the Director of State Police subject only to the
13order and judgments of the circuit court having jurisdiction
14over the forfeiture proceedings and the decisions of the
15State's Attorney under this Article.
16    (b) If property is seized under this Article, the seizing
17agency shall promptly conduct an inventory of the seized
18property and estimate the property's value, and shall forward a
19copy of the inventory of seized property and the estimate of
20the property's value to the Director of State Police. Upon
21receiving notice of seizure, the Director of State Police may:
22        (1) place the property under seal;
23        (2) remove the property to a place designated by the
24    Director of State Police;
25        (3) keep the property in the possession of the seizing

 

 

10000HB0303sam001- 99 -LRB100 05313 SLF 27340 a

1    agency;
2        (4) remove the property to a storage area for
3    safekeeping; or
4        (5) place the property under constructive seizure by
5    posting notice of pending forfeiture on it, by giving
6    notice of pending forfeiture to its owners and interest
7    holders, or by filing notice of pending forfeiture in any
8    appropriate public record relating to the property; or
9        (6) provide for another agency or custodian, including
10    an owner, secured party, or lienholder, to take custody of
11    the property upon the terms and conditions set by the
12    seizing agency.
13    (c) The seizing agency shall exercise ordinary care to
14protect the subject of the forfeiture from negligent loss,
15damage, or destruction.
16    (d) Property seized or forfeited under this Article is
17subject to reporting under the Seizure and Forfeiture Reporting
18Act.
 
19    (720 ILCS 5/36-1.4 new)
20    Sec. 36-1.4. Notice to State's Attorney. The law
21enforcement agency seizing property for forfeiture under this
22Article shall, as soon as practicable but not later than 28
23days after the seizure, notify the State's Attorney for the
24county in which an act or omission giving rise to the seizure
25occurred or in which the property was seized and the facts and

 

 

10000HB0303sam001- 100 -LRB100 05313 SLF 27340 a

1circumstances giving rise to the seizure, and shall provide the
2State's Attorney with the inventory of the property and its
3estimated value. The notice shall be by the delivery of the
4form 4-64. If the property seized for forfeiture is a vehicle,
5the law enforcement agency seizing the property shall
6immediately notify the Secretary of State that forfeiture
7proceedings are pending regarding the vehicle.
 
8    (720 ILCS 5/36-1.5)
9    Sec. 36-1.5. Preliminary review.
10    (a) Within 14 days of the seizure, the State's Attorney in
11the county in which the seizure occurred shall seek a
12preliminary determination from the circuit court as to whether
13there is probable cause that the property may be subject to
14forfeiture.
15    (b) The rules of evidence shall not apply to any proceeding
16conducted under this Section.
17    (c) The court may conduct the review under subsection (a)
18simultaneously with a proceeding pursuant to Section 109-1 of
19the Code of Criminal Procedure of 1963 for a related criminal
20offense if a prosecution is commenced by information or
21complaint.
22    (d) The court may accept a finding of probable cause at a
23preliminary hearing following the filing of an information or
24complaint charging a related criminal offense or following the
25return of indictment by a grand jury charging the related

 

 

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1offense as sufficient evidence of probable cause as required
2under subsection (a).
3    (e) Upon making a finding of probable cause as required
4under this Section, the circuit court shall order the property
5subject to the provisions of the applicable forfeiture Act held
6until the conclusion of any forfeiture proceeding.
7    For seizures of conveyances, within 28 7 days of a finding
8of probable cause under subsection (a), the registered owner or
9other claimant may file a motion in writing supported by sworn
10affidavits claiming that denial of the use of the conveyance
11during the pendency of the forfeiture proceedings creates a
12substantial hardship and alleges facts showing that the delay
13was not due to his or her culpable negligence. The court shall
14consider the following factors in determining whether a
15substantial hardship has been proven:
16        (1) the nature of the claimed hardship;
17        (2) the availability of public transportation or other
18    available means of transportation; and
19        (3) any available alternatives to alleviate the
20    hardship other than the return of the seized conveyance.
21    If the court determines that a substantial hardship has
22been proven, the court shall then balance the nature of the
23hardship against the State's interest in safeguarding the
24conveyance. If the court determines that the hardship outweighs
25the State's interest in safeguarding the conveyance, the court
26may temporarily release the conveyance to the registered owner

 

 

10000HB0303sam001- 102 -LRB100 05313 SLF 27340 a

1or the registered owner's authorized designee, or both, until
2the conclusion of the forfeiture proceedings or for such
3shorter period as ordered by the court provided that the person
4to whom the conveyance is released provides proof of insurance
5and a valid driver's license and all State and local
6registrations for operation of the conveyance are current. The
7court shall place conditions on the conveyance limiting its use
8to the stated hardship and providing transportation for
9employment, religious purposes, medical needs, child care, and
10restricting the conveyance's use to only those individuals
11authorized to use the conveyance by the registered owner. The
12use of the vehicle shall be further restricted to exclude all
13recreational and entertainment purposes. The court may order
14additional restrictions it deems reasonable and just on its own
15motion or on motion of the People. The court shall revoke the
16order releasing the conveyance and order that the conveyance be
17reseized by law enforcement if the conditions of release are
18violated or if the conveyance is used in the commission of any
19offense identified in subsection (a) of Section 6-205 of the
20Illinois Vehicle Code.
21    If the court orders the release of the conveyance during
22the pendency of the forfeiture proceedings, the court may order
23the registered owner or his or her authorized designee to shall
24post a cash security with the Clerk of the Court as ordered by
25the court. If cash security is ordered, the The court shall
26consider the following factors in determining the amount of the

 

 

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1cash security:
2        (A) the full market value of the conveyance;
3        (B) the nature of the hardship;
4        (C) the extent and length of the usage of the
5    conveyance; and
6        (D) the ability of the owner or designee to pay; and
7    such other conditions as the court deems necessary to
8    safeguard the conveyance.
9        (E) other conditions as the court deems necessary to
10    safeguard the conveyance.
11    If the conveyance is released, the court shall order that
12the registered owner or his or her designee safeguard the
13conveyance, not remove the conveyance from the jurisdiction,
14not conceal, destroy, or otherwise dispose of the conveyance,
15not encumber the conveyance, and not diminish the value of the
16conveyance in any way. The court shall also make a
17determination of the full market value of the conveyance prior
18to it being released based on a source or sources defined in 50
19Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
20    If the conveyance subject to forfeiture is released under
21this Section and is subsequently forfeited, the person to whom
22the conveyance was released shall return the conveyance to the
23law enforcement agency that seized the conveyance within 7 days
24from the date of the declaration of forfeiture or order of
25forfeiture. If the conveyance is not returned within 7 days,
26the cash security shall be forfeited in the same manner as the

 

 

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1conveyance subject to forfeiture. If the cash security was less
2than the full market value, a judgment shall be entered against
3the parties to whom the conveyance was released and the
4registered owner, jointly and severally, for the difference
5between the full market value and the amount of the cash
6security. If the conveyance is returned in a condition other
7than the condition in which it was released, the cash security
8shall be returned to the surety who posted the security minus
9the amount of the diminished value, and that amount shall be
10forfeited in the same manner as the conveyance subject to
11forfeiture. Additionally, the court may enter an order allowing
12any law enforcement agency in the State of Illinois to seize
13the conveyance wherever it may be found in the State to satisfy
14the judgment if the cash security was less than the full market
15value of the conveyance.
16(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;
1798-1020, eff. 8-22-14.)
 
18    (720 ILCS 5/36-2)  (from Ch. 38, par. 36-2)
19    Sec. 36-2. Complaint Action for forfeiture.
20    (a) If the The State's Attorney in the county in which such
21seizure occurs if he or she finds that the alleged violation of
22law giving rise to the seizure forfeiture was incurred without
23willful negligence or without any intention on the part of the
24owner of the vessel or watercraft, vehicle or aircraft or any
25person whose right, title or interest is of record as described

 

 

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1in Section 36-1 of this Article, to violate the law, or finds
2the existence of such mitigating circumstances as to justify
3remission of the forfeiture, he or she may cause the law
4enforcement agency having custody of the property to return the
5property to the owner within a reasonable time not to exceed 7
6days to remit the same upon such terms and conditions as the
7State's Attorney deems reasonable and just. The State's
8Attorney shall exercise his or her discretion under this
9subsection (a) the foregoing provision of this Section 36-2(a)
10prior to or promptly after the preliminary review under Section
1136-1.5.
12    (b) If, after review of the facts surrounding the seizure,
13the State's Attorney is of the opinion that the seized property
14is subject to forfeiture and the State's Attorney does not
15cause the forfeiture to be remitted under subsection (a) of
16this Section, he or she shall forthwith bring an action for
17forfeiture in the Circuit Court within whose jurisdiction the
18seizure and confiscation has taken place by filing a verified
19complaint of forfeiture in the circuit court within whose
20jurisdiction the seizure occurred, or within whose
21jurisdiction an act or omission giving rise to the seizure
22occurred, subject to Supreme Court Rule 187. The complaint
23shall be filed as soon as practicable but not less than 28 days
24after a finding of probable cause at a preliminary review under
25Section 36-1.5 of this Article. A complaint of forfeiture shall
26include:

 

 

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1        (1) a description of the property seized;
2        (2) the date and place of seizure of the property;
3        (3) the name and address of the law enforcement agency
4    making the seizure; and
5        (4) the specific statutory and factual grounds for the
6    seizure.
7    The complaint shall be served upon each person whose right,
8title, or interest is of record in the office of the Secretary
9of State, the Secretary of Transportation, the Administrator of
10the Federal Aviation Agency, or any other department of this
11State, or any other state of the United States if the vessel or
12watercraft, vehicle, or aircraft is required to be so
13registered, as the case may be, the person from whom the
14property was seized, and all persons known or reasonably
15believed by the State to claim an interest in the property, as
16provided in this Article. The complaint shall be accompanied by
17the following written notice:
18    "This is a civil court proceeding subject to the Code of
19Civil Procedure. You received this Complaint of Forfeiture
20because the State's Attorney's office has brought a legal
21action seeking forfeiture of your seized property. This
22complaint starts the court process where the State seeks to
23prove that your property should be forfeited and not returned
24to you. This process is also your opportunity to try to prove
25to a judge that you should get your property back. The
26complaint lists the date, time, and location of your first

 

 

10000HB0303sam001- 107 -LRB100 05313 SLF 27340 a

1court date. You must appear in court on that day, or you may
2lose the case automatically. You must also file an appearance
3and answer. If you are unable to pay the appearance fee, you
4may qualify to have the fee waived. If there is a criminal case
5related to the seizure of your property, your case may be set
6for trial after the criminal case has been resolved. Before
7trial, the judge may allow discovery, where the State can ask
8you to respond in writing to questions and give them certain
9documents, and you can make similar requests of the State. The
10trial is your opportunity to explain what happened when your
11property was seized and why you should get the property back." .
12The State's Attorney shall give notice of seizure and the
13forfeiture proceeding to each person according to the following
14method: upon each person whose right, title, or interest is of
15record in the office of the Secretary of State, the Secretary
16of Transportation, the Administrator of the Federal Aviation
17Agency, or any other department of this State, or any other
18state of the United States if the vessel or watercraft,
19vehicle, or aircraft is required to be so registered, as the
20case may be, by delivering the notice and complaint in open
21court or by certified mail to the address as given upon the
22records of the Secretary of State, the Division of Aeronautics
23of the Department of Transportation, the Capital Development
24Board, or any other department of this State or the United
25States if the vessel or watercraft, vehicle, or aircraft is
26required to be so registered.

 

 

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1    (c) (Blank). The owner of the seized vessel or watercraft,
2vehicle, or aircraft or any person whose right, title, or
3interest is of record as described in Section 36-1, may within
420 days after delivery in open court or the mailing of such
5notice file a verified answer to the Complaint and may appear
6at the hearing on the action for forfeiture.
7    (d) (Blank). The State shall show at such hearing by a
8preponderance of the evidence, that such vessel or watercraft,
9vehicle, or aircraft was used in the commission of an offense
10described in Section 36-1.
11    (e) (Blank). The owner of such vessel or watercraft,
12vehicle, or aircraft or any person whose right, title, or
13interest is of record as described in Section 36-1, may show by
14a preponderance of the evidence that he did not know, and did
15not have reason to know, that the vessel or watercraft,
16vehicle, or aircraft was to be used in the commission of such
17an offense or that any of the exceptions set forth in Section
1836-3 are applicable.
19    (f) (Blank). Unless the State shall make such showing, the
20Court shall order such vessel or watercraft, vehicle, or
21aircraft released to the owner. Where the State has made such
22showing, the Court may order the vessel or watercraft, vehicle,
23or aircraft destroyed or may order it forfeited to any local,
24municipal or county law enforcement agency, or the Department
25of State Police or the Department of Revenue of the State of
26Illinois.

 

 

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1    (g) (Blank). A copy of the order shall be filed with the
2law enforcement agency, and with each Federal or State office
3or agency with which such vessel or watercraft, vehicle, or
4aircraft is required to be registered. Such order, when filed,
5constitutes authority for the issuance of clear title to such
6vessel or watercraft, vehicle, or aircraft, to the department
7or agency to whom it is delivered or any purchaser thereof. The
8law enforcement agency shall comply promptly with instructions
9to remit received from the State's Attorney or Attorney General
10in accordance with Sections 36-2(a) or 36-3.
11    (h) (Blank). The proceeds of any sale at public auction
12pursuant to Section 36-2 of this Act, after payment of all
13liens and deduction of the reasonable charges and expenses
14incurred by the State's Attorney's Office shall be paid to the
15law enforcement agency having seized the vehicle for
16forfeiture.
17(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
1899-78, eff. 7-20-15.)
 
19    (720 ILCS 5/36-2.1 new)
20    Sec. 36-2.1. Notice to Owner or Interest Holder. The first
21attempted service shall be commenced within 28 days of the
22receipt of the notice from the seizing agency by the form 4-64.
23If the property seized is a conveyance, notice shall also be
24directed to the address reflected in the office of the agency
25or official in which title or interest to the conveyance is

 

 

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1required by law to be recorded. A complaint for forfeiture
2shall be served upon the property owner or interest holder in
3the following manner:
4        (1) If the owner's or interest holder's name and
5    current address are known, then by either:
6            (A) personal service; or
7            (B) mailing a copy of the notice by certified mail,
8        return receipt requested and first class mail, to that
9        address.
10                (i) If notice is sent by certified mail and no
11            signed return receipt is received by the State's
12            Attorney within 28 days of mailing, and no
13            communication from the owner or interest holder is
14            received by the State's Attorney documenting
15            actual notice by said parties, the State's
16            Attorney shall, within a reasonable period of
17            time, mail a second copy of the notice by certified
18            mail, return receipt requested and first class
19            mail, to that address.
20                (ii) If no signed return receipt is received by
21            the State's Attorney within 28 days of the second
22            attempt at service by certified mail, and no
23            communication from the owner or interest holder is
24            received by the State's Attorney documenting
25            actual notice by said parties, the State's
26            Attorney shall have 60 days to attempt to serve the

 

 

10000HB0303sam001- 111 -LRB100 05313 SLF 27340 a

1            notice by personal service, which also includes
2            substitute service by leaving a copy at the usual
3            place of abode, with some person of the family or a
4            person residing there, of the age of 13 years or
5            upwards. If after 3 attempts at service in this
6            manner, no service of the notice is accomplished,
7            then the notice shall be posted in a conspicuous
8            manner at this address and service shall be made by
9            the posting.
10            The attempts at service and the posting if
11        required, shall be documented by the person attempting
12        service and said documentation shall be made part of a
13        return of service returned to the State's Attorney.
14            The State's Attorney may utilize a Sheriff or
15        Deputy Sheriff, any peace officer, a private process
16        server or investigator, or any employee, agent, or
17        investigator of the State's Attorney's office to
18        attempt service without seeking leave of court.
19            After the procedures are followed, service shall
20        be effective on an owner or interest holder on the date
21        of receipt by the State's Attorney of a returned return
22        receipt requested, or on the date of receipt of a
23        communication from an owner or interest holder
24        documenting actual notice, whichever is first in time,
25        or on the date of the last act performed by the State's
26        Attorney in attempting personal service under item

 

 

10000HB0303sam001- 112 -LRB100 05313 SLF 27340 a

1        (ii) of this paragraph (1). If notice is to be shown by
2        actual notice from communication with a claimant, then
3        the State's Attorney shall file an affidavit providing
4        details of the communication, which shall be accepted
5        as sufficient proof of service by the court.
6            For purposes of notice under this Section, if a
7        person has been arrested for the conduct giving rise to
8        the forfeiture, the address provided to the arresting
9        agency at the time of arrest shall be deemed to be that
10        person's known address. Provided, however, if an owner
11        or interest holder's address changes prior to the
12        effective date of the complaint for forfeiture, the
13        owner or interest holder shall promptly notify the
14        seizing agency of the change in address or, if the
15        owner or interest holder's address changes subsequent
16        to the effective date of the notice of pending
17        forfeiture, the owner or interest holder shall
18        promptly notify the State's Attorney of the change in
19        address; or if the property seized is a conveyance, to
20        the address reflected in the office of the agency or
21        official in which title or interest to the conveyance
22        is required by law to be recorded.
23        (2) If the owner's or interest holder's address is not
24    known, and is not on record, then notice shall be served by
25    publication for 3 successive weeks in a newspaper of
26    general circulation in the county in which the seizure

 

 

10000HB0303sam001- 113 -LRB100 05313 SLF 27340 a

1    occurred.
2        (3) Notice to any business entity, corporation, LLC,
3    LLP, or partnership shall be complete by a single mailing
4    of a copy of the notice by certified mail, return receipt
5    requested and first class mail, to that address. This
6    notice is complete regardless of the return of a signed
7    "return receipt requested".
8        (4) Notice to a person whose address is not within the
9    State shall be complete by a single mailing of a copy of
10    the notice by certified mail, return receipt requested and
11    first class mail, to that address. This notice is complete
12    regardless of the return of a signed "return receipt
13    requested".
14        (5) Notice to a person whose address is not within the
15    United States shall be complete by a single mailing of a
16    copy of the notice by certified mail, return receipt
17    requested and first class mail, to that address. This
18    notice shall be complete regardless of the return of a
19    signed "return receipt requested". If certified mail is not
20    available in the foreign country where the person has an
21    address, then notice shall proceed by publication under
22    paragraph (2) of this Section.
23        (6) Notice to any person whom the State's Attorney
24    reasonably should know is incarcerated within the State
25    shall also include the mailing a copy of the notice by
26    certified mail, return receipt requested and first class

 

 

10000HB0303sam001- 114 -LRB100 05313 SLF 27340 a

1    mail, to the address of the detention facility with the
2    inmate's name clearly marked on the envelope.
 
3    (720 ILCS 5/36-2.2 new)
4    Sec. 36-2.2. Replevin prohibited; return of personal
5property inside seized conveyance.
6    (a) Property seized under this Article shall not be subject
7to replevin, but is deemed to be in the custody of the Director
8of State Police subject only to the order and judgments of the
9circuit court having jurisdiction over the forfeiture
10proceedings and the decisions of the State's Attorney.
11    (b) A claimant or a party interested in personal property
12contained within a seized conveyance may file a motion with the
13court in a judicial forfeiture action for the return of any
14personal property contained within a conveyance seized under
15this Article. The return of personal property shall not be
16unreasonably withheld if the personal property is not
17mechanically or electrically coupled to the conveyance, needed
18for evidentiary purposes, or otherwise contraband. A law
19enforcement agency that returns property under a court order
20under this Section shall not be liable to any person who claims
21ownership to the property if the property is returned to an
22improper party.
 
23    (720 ILCS 5/36-2.5 new)
24    Sec. 36-2.5. Judicial in rem procedures.

 

 

10000HB0303sam001- 115 -LRB100 05313 SLF 27340 a

1    (a) The laws of evidence relating to civil actions shall
2apply to judicial in rem proceedings under this Article.
3    (b) Only an owner of or interest holder in the property may
4file an answer asserting a claim against the property in the
5action in rem. For purposes of this Section, the owner or
6interest holder shall be referred to as claimant. A person not
7named in the forfeiture complaint who claims to have an
8interest in the property may petition to intervene as a
9claimant under Section 2-408 of the Code of Civil Procedure.
10    (c) The answer shall be filed with the court within 45 days
11after service of the civil in rem complaint.
12    (d) The trial shall be held within 60 days after filing of
13the answer unless continued for good cause.
14    (e) In its case in chief, the State shall show by a
15preponderance of the evidence that:
16        (1) the property is subject to forfeiture; and
17        (2) at least one of the following:
18            (i) the claimant knew or should have known that the
19        conduct was likely to occur; or
20            (ii) the claimant is not the true owner of the
21        property that is subject to forfeiture.
22    In any forfeiture case under this Article, a claimant may
23present evidence to overcome evidence presented by the State
24that the property is subject to forfeiture.
25    (f) Notwithstanding any other provision of this Section,
26the State's burden of proof at the trial of the forfeiture

 

 

10000HB0303sam001- 116 -LRB100 05313 SLF 27340 a

1action shall be by clear and convincing evidence if:
2        (1) a finding of not guilty is entered as to all counts
3    and all defendants in a criminal proceeding relating to the
4    conduct giving rise to the forfeiture action; or
5        (2) the State receives an adverse finding at a
6    preliminary hearing and fails to secure an indictment in a
7    criminal proceeding related to the factual allegations of
8    the forfeiture action.
9    (g) If the State does not meet its burden of proof, the
10court shall order the interest in the property returned or
11conveyed to the claimant and shall order all other property in
12which the State does meet its burden of proof forfeited to the
13State. If the State does meet its burden of proof, the court
14shall order all property forfeited to the State.
15    (h) A defendant convicted in any criminal proceeding is
16precluded from later denying the essential allegations of the
17criminal offense of which the defendant was convicted in any
18proceeding under this Article regardless of the pendency of an
19appeal from that conviction. However, evidence of the pendency
20of an appeal is admissible.
21    (i) An acquittal or dismissal in a criminal proceeding
22shall not preclude civil proceedings under this Act; however,
23for good cause shown, on a motion by either party, the court
24may stay civil forfeiture proceedings during the criminal trial
25for a related criminal indictment or information alleging a
26violation of law authorizing forfeiture under Section 36-1 of

 

 

10000HB0303sam001- 117 -LRB100 05313 SLF 27340 a

1this Article.
2    (j) Title to all property declared forfeited under this Act
3vests in this State on the commission of the conduct giving
4rise to forfeiture together with the proceeds of the property
5after that time. Except as otherwise provided in this Article,
6any property or proceeds subsequently transferred to any person
7remain subject to forfeiture unless a person to whom the
8property was transferred makes an appropriate claim under or
9has their claim adjudicated at the judicial in rem hearing.
10    (k) No property shall be forfeited under this Article from
11a person who, without actual or constructive notice that the
12property was the subject of forfeiture proceedings, obtained
13possession of the property as a bona fide purchaser for value.
14A person who purports to transfer property after receiving
15actual or constructive notice that the property is subject to
16seizure or forfeiture is guilty of contempt of court, and shall
17be liable to the State for a penalty in the amount of the fair
18market value of the property.
19    (l) A civil action under this Article shall be commenced
20within 5 years after the last conduct giving rise to forfeiture
21became known or should have become known or 5 years after the
22forfeitable property is discovered, whichever is later,
23excluding any time during which either the property or claimant
24is out of the State or in confinement or during which criminal
25proceedings relating to the same conduct are in progress.
26    (m) If property is ordered forfeited under this Article

 

 

10000HB0303sam001- 118 -LRB100 05313 SLF 27340 a

1from a claimant who held title to the property in joint tenancy
2or tenancy in common with another claimant, the court shall
3determine the amount of each owner's interest in the property
4according to principles of property law.
 
5    (720 ILCS 5/36-2.7 new)
6    Sec. 36-2.7. Innocent owner hearing.
7    (a) After a complaint for forfeiture has been filed and all
8claimants have appeared and answered, a claimant may file a
9motion with the court for an innocent owner hearing prior to
10trial. This motion shall be made and supported by sworn
11affidavit and shall assert the following along with specific
12facts which support each assertion:
13        (1) that the claimant filing the motion is the true
14    owner of the conveyance as interpreted by case law; and
15        (2) that the claimant did not know or did not have
16    reason to know the conduct giving rise to the forfeiture
17    was likely to occur.
18    (b) The claimant shall include specific facts which support
19these assertions in their motion.
20    (c) Upon the filing, a hearing may only be conducted after
21the parties have been given the opportunity to conduct limited
22discovery as to the ownership and control of the property, the
23claimant's knowledge, or any matter relevant to the issues
24raised or facts alleged in the claimant's motion. Discovery
25shall be limited to the People's requests in these areas but

 

 

10000HB0303sam001- 119 -LRB100 05313 SLF 27340 a

1may proceed by any means allowed in the Code of Civil
2Procedure.
3    (d) After discovery is complete and the court has allowed
4for sufficient time to review and investigate the discovery
5responses, the court shall conduct a hearing. At the hearing,
6the fact that the conveyance is subject to forfeiture shall not
7be at issue. The court shall only hear evidence relating to the
8issue of innocent ownership.
9    (e) At the hearing on the motion, the claimant shall bear
10the burden of proving each of the assertions listed in
11subsection (a) of this Section by a preponderance of the
12evidence.
13    (f) If a claimant meets their burden of proof, the court
14shall grant the motion and order the conveyance returned to the
15claimant. If the claimant fails to meet their burden of proof,
16the court shall deny the motion and the forfeiture case shall
17proceed according to the Rules of Civil Procedure.
 
18    (720 ILCS 5/36-3)  (from Ch. 38, par. 36-3)
19    Sec. 36-3. Exemptions from Exceptions to forfeiture.
20    (a) No vessel or watercraft, vehicle, or aircraft used by
21any person as a common carrier in the transaction of business
22as such common carrier may be forfeited under the provisions of
23Section 36-2 unless the State proves by a preponderance of the
24evidence it appears that (1) in the case of a railway car or
25engine, the owner, or (2) in the case of any other such vessel

 

 

10000HB0303sam001- 120 -LRB100 05313 SLF 27340 a

1or watercraft, vehicle or aircraft, the owner or the master of
2such vessel or watercraft or the owner or conductor, driver,
3pilot, or other person in charge of such vehicle or aircraft
4was at the time of the alleged illegal act a consenting party
5or privy thereto.
6    (b) No vessel or watercraft, vehicle, or aircraft shall be
7forfeited under the provisions of Section 36-2 of this Article
8by reason of any act or omission established by the owner
9thereof to have been committed or omitted by any person other
10than such owner while such vessel or watercraft, vehicle, or
11aircraft was unlawfully in the possession of a person who
12acquired possession thereof in violation of the criminal laws
13of the United States, or of any state.
14(Source: P.A. 98-699, eff. 1-1-15.)
 
15    (720 ILCS 5/36-3.1 new)
16    Sec. 36-3.1. Proportionality. Property forfeited under
17this Article shall be subject to an 8th Amendment to the United
18States Constitution disproportionate penalties analysis, and
19the property forfeiture may be denied in whole or in part if
20the court finds that the forfeiture would constitute an
21excessive fine in violation of the 8th Amendment to the United
22States Constitution, as interpreted by case law.
 
23    (720 ILCS 5/36-6 new)
24    Sec. 36-6. Return of property, damages and costs.

 

 

10000HB0303sam001- 121 -LRB100 05313 SLF 27340 a

1    (a) The law enforcement agency that holds custody of
2property seized for forfeiture shall return to the claimant,
3within a reasonable period of time not to exceed 7 days unless
4the order is stayed by the trial court or a reviewing court
5pending an appeal, motion to reconsider, or other reason after
6the court orders the property to be returned or conveyed to the
7claimant:
8        (1) property ordered by the court to be conveyed or
9    returned to the claimant; and
10        (2) property ordered by the court to be conveyed or
11    returned to the claimant under subsection (d) of Section
12    36-3.1 of this Article.
13    (b) The law enforcement agency that holds custody of
14property seized under this Article is responsible for any
15damages, storage fees, and related costs applicable to property
16returned to a claimant under this Article. The claimant shall
17not be subject to any charges by the State for storage of the
18property or expenses incurred in the preservation of the
19property. Charges for the towing of a conveyance shall be borne
20by the claimant unless the conveyance was towed for the sole
21reason of seizure for forfeiture. This subsection does not
22prohibit the imposition of any fees or costs by a home rule
23unit of local government related to the impoundment of a
24conveyance under an ordinance enacted by the unit of
25government.
 

 

 

10000HB0303sam001- 122 -LRB100 05313 SLF 27340 a

1    (720 ILCS 5/36-7 new)
2    Sec. 36-7. Distribution of proceeds; selling or retaining
3seized property prohibited.
4    (a) Except as otherwise provided in this Section, the court
5shall order that property forfeited under this Article be
6delivered to the Department of State Police within 60 days.
7    (b) The Department of State Police or its designee shall
8dispose of all property at public auction and shall distribute
9the proceeds of the sale, together with any moneys forfeited or
10seized, under subsection (c) of this Section.
11    (c) All monies and the sale proceeds of all other property
12forfeited and seized under this Act shall be distributed as
13follows:
14        (1) 65% shall be distributed to the drug task force,
15    metropolitan enforcement group, local, municipal, county,
16    or state law enforcement agency or agencies which conducted
17    or participated in the investigation resulting in the
18    forfeiture. The distribution shall bear a reasonable
19    relationship to the degree of direct participation of the
20    law enforcement agency in the effort resulting in the
21    forfeiture, taking into account the total value of the
22    property forfeited and the total law enforcement effort
23    with respect to the violation of the law upon which the
24    forfeiture is based. Amounts distributed to the agency or
25    agencies shall be used, at the discretion of the agency,
26    for the enforcement of criminal laws; or for public

 

 

10000HB0303sam001- 123 -LRB100 05313 SLF 27340 a

1    education in the community or schools in the prevention or
2    detection of the abuse of drugs or alcohol; or for security
3    cameras used for the prevention or detection of violence,
4    except that amounts distributed to the Secretary of State
5    shall be deposited into the Secretary of State Evidence
6    Fund to be used as provided in Section 2-115 of the
7    Illinois Vehicle Code.
8        Any local, municipal, or county law enforcement agency
9    entitled to receive a monetary distribution of forfeiture
10    proceeds may share those forfeiture proceeds pursuant to
11    the terms of an intergovernmental agreement with a
12    municipality that has a population in excess of 20,000 if:
13            (A) the receiving agency has entered into an
14        intergovernmental agreement with the municipality to
15        provide police services;
16            (B) the intergovernmental agreement for police
17        services provides for consideration in an amount of not
18        less than $1,000,000 per year;
19            (C) the seizure took place within the geographical
20        limits of the municipality; and
21            (D) the funds are used only for the enforcement of
22        criminal laws; for public education in the community or
23        schools in the prevention or detection of the abuse of
24        drugs or alcohol; or for security cameras used for the
25        prevention or detection of violence or the
26        establishment of a municipal police force, including

 

 

10000HB0303sam001- 124 -LRB100 05313 SLF 27340 a

1        the training of officers, construction of a police
2        station, the purchase of law enforcement equipment, or
3        vehicles.
4        (2) 12.5% shall be distributed to the Office of the
5    State's Attorney of the county in which the prosecution
6    resulting in the forfeiture was instituted, deposited in a
7    special fund in the county treasury and appropriated to the
8    State's Attorney for use, at the discretion of the State's
9    Attorney, in the enforcement of criminal laws; or for
10    public education in the community or schools in the
11    prevention or detection of the abuse of drugs or alcohol;
12    or at the discretion of the State's Attorney, in addition
13    to other authorized purposes, to make grants to local
14    substance abuse treatment facilities and half-way houses.
15    In counties over 3,000,000 population, 25% will be
16    distributed to the Office of the State's Attorney for use,
17    at the discretion of the State's Attorney, in the
18    enforcement of criminal laws; or for public education in
19    the community or schools in the prevention or detection of
20    the abuse of drugs or alcohol; or at the discretion of the
21    State's Attorney, in addition to other authorized
22    purposes, to make grants to local substance abuse treatment
23    facilities and half-way houses. If the prosecution is
24    undertaken solely by the Attorney General, the portion
25    provided shall be distributed to the Attorney General for
26    use in the enforcement of criminal laws governing cannabis

 

 

10000HB0303sam001- 125 -LRB100 05313 SLF 27340 a

1    and controlled substances or for public education in the
2    community or schools in the prevention or detection of the
3    abuse of drugs or alcohol.
4        12.5% shall be distributed to the Office of the State's
5    Attorneys Appellate Prosecutor and shall be used at the
6    discretion of the State's Attorneys Appellate Prosecutor
7    for additional expenses incurred in the investigation,
8    prosecution and appeal of cases arising in the enforcement
9    of criminal laws; or for public education in the community
10    or schools in the prevention or detection of the abuse of
11    drugs or alcohol. The Office of the State's Attorneys
12    Appellate Prosecutor shall not receive distribution from
13    cases brought in counties with over 3,000,000 population.
14        (3) 10% shall be retained by the Department of State
15    Police for expenses related to the administration and sale
16    of seized and forfeited property.
17    (d) A law enforcement agency shall not retain forfeited
18property for its own use or transfer the property to any person
19or entity, except as provided under this Section. A law
20enforcement agency may apply in writing to the Director of
21State Police to request that a forfeited property be awarded to
22the agency for a specifically articulated official law
23enforcement use in an investigation. The Director of State
24Police shall provide a written justification in each instance
25detailing the reasons why the forfeited property was placed
26into official use, and the justification shall be retained for

 

 

10000HB0303sam001- 126 -LRB100 05313 SLF 27340 a

1a period of not less than 3 years.
 
2    (720 ILCS 5/36-9 new)
3    Sec. 36-9. Reporting. Property seized or forfeited under
4this Article is subject to reporting under the Seizure and
5Forfeiture Reporting Act.
 
6    (720 ILCS 5/47-15)
7    Sec. 47-15. Dumping garbage upon real property.
8    (a) It is unlawful for a person to dump, deposit, or place
9garbage, rubbish, trash, or refuse upon real property not owned
10by that person without the consent of the owner or person in
11possession of the real property.
12    (b) A person who violates this Section is liable to the
13owner or person in possession of the real property on which the
14garbage, rubbish, trash, or refuse is dumped, deposited, or
15placed for the reasonable costs incurred by the owner or person
16in possession for cleaning up and properly disposing of the
17garbage, rubbish, trash, or refuse, and for reasonable
18attorneys' fees.
19    (c) A person violating this Section is guilty of a Class B
20misdemeanor for which the court must impose a minimum fine of
21$500. A second conviction for an offense committed after the
22first conviction is a Class A misdemeanor for which the court
23must impose a minimum fine of $500. A third or subsequent
24violation, committed after a second conviction, is a Class 4

 

 

10000HB0303sam001- 127 -LRB100 05313 SLF 27340 a

1felony for which the court must impose a minimum fine of $500.
2A person who violates this Section and who has an equity
3interest in a motor vehicle used in violation of this Section
4is presumed to have the financial resources to pay the minimum
5fine not exceeding his or her equity interest in the vehicle.
6Personal property used by a person in violation of this Section
7shall on the third or subsequent conviction of the person be
8forfeited to the county where the violation occurred and
9disposed of at a public sale. Before the forfeiture, the court
10shall conduct a hearing to determine whether property is
11subject to forfeiture under this Section. At the forfeiture
12hearing the State has the burden of establishing by a
13preponderance of the evidence that property is subject to
14forfeiture under this Section. Property seized or forfeited
15under this Section is subject to reporting under the Seizure
16and Forfeiture Reporting Act.
17    (d) The statutory minimum fine required by subsection (c)
18is not subject to reduction or suspension unless the defendant
19is indigent. If the defendant files a motion with the court
20asserting his or her inability to pay the mandatory fine
21required by this Section, the court must set a hearing on the
22motion before sentencing. The court must require an affidavit
23signed by the defendant containing sufficient information to
24ascertain the assets and liabilities of the defendant. If the
25court determines that the defendant is indigent, the court must
26require that the defendant choose either to pay the minimum

 

 

10000HB0303sam001- 128 -LRB100 05313 SLF 27340 a

1fine of $500 or to perform 100 hours of community service.
2(Source: P.A. 90-655, eff. 7-30-98; 91-409, eff. 1-1-00.)
 
3    (720 ILCS 5/36-1a rep.)
4    (720 ILCS 5/36-5 rep.)
5    Section 140. The Criminal Code of 2012 is amended by
6repealing Sections 36-1a and 36-5.
 
7    Section 145. The Cannabis Control Act is amended by
8changing Section 12 as follows:
 
9    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
10    Sec. 12. (a) The following are subject to forfeiture:
11        (1) (blank); all substances containing cannabis which
12    have been produced, manufactured, delivered, or possessed
13    in violation of this Act;
14        (2) all raw materials, products and equipment of any
15    kind which are produced, delivered, or possessed in
16    connection with any substance containing cannabis in a
17    felony violation of this Act;
18        (3) all conveyances, including aircraft, vehicles or
19    vessels, which are used, or intended for use, to transport,
20    or in any manner to facilitate the transportation, sale,
21    receipt, possession, or concealment of any substance
22    containing cannabis or property described in paragraph (1)
23    or (2) of this subsection (a) that constitutes a felony

 

 

10000HB0303sam001- 129 -LRB100 05313 SLF 27340 a

1    violation of the Act, but:
2            (i) no conveyance used by any person as a common
3        carrier in the transaction of business as a common
4        carrier is subject to forfeiture under this Section
5        unless it appears that the owner or other person in
6        charge of the conveyance is a consenting party or privy
7        to the a violation of this Act;
8            (ii) no conveyance is subject to forfeiture under
9        this Section by reason of any act or omission which the
10        owner proves to have been committed or omitted without
11        his knowledge or consent;
12            (iii) a forfeiture of a conveyance encumbered by a
13        bona fide security interest is subject to the interest
14        of the secured party if he neither had knowledge of nor
15        consented to the act or omission;
16        (4) all money, things of value, books, records, and
17    research products and materials including formulas,
18    microfilm, tapes, and data which are used, or intended for
19    use in a felony violation of this Act;
20        (5) everything of value furnished or intended to be
21    furnished by any person in exchange for a substance in
22    violation of this Act, all proceeds traceable to such an
23    exchange, and all moneys, negotiable instruments, and
24    securities used, or intended to be used, to commit or in
25    any manner to facilitate any felony violation of this Act;
26        (6) all real property, including any right, title, and

 

 

10000HB0303sam001- 130 -LRB100 05313 SLF 27340 a

1    interest including, but not limited to, any leasehold
2    interest or the beneficial interest to a land trust, in the
3    whole of any lot or tract of land and any appurtenances or
4    improvements, that is used or intended to be used to
5    facilitate the manufacture, distribution, sale, receipt,
6    or concealment of a substance containing cannabis or
7    property described in paragraph (1) or (2) of this
8    subsection (a) that constitutes a felony violation of this
9    Act involving more than 2,000 grams of a substance
10    containing cannabis or that is the proceeds of any felony
11    violation of this Act.
12    (b) Property subject to forfeiture under this Act may be
13seized under the Drug Asset Forfeiture Procedure Act. In the
14event of seizure, forfeiture proceedings shall be instituted
15under the Drug Asset Forfeiture Procedure Act. by the Director
16or any peace officer upon process or seizure warrant issued by
17any court having jurisdiction over the property. Seizure by the
18Director or any peace officer without process may be made:
19        (1) if the property subject to seizure has been the
20    subject of a prior judgment in favor of the State in a
21    criminal proceeding or in an injunction or forfeiture
22    proceeding based upon this Act or the Drug Asset Forfeiture
23    Procedure Act;
24        (2) if there is probable cause to believe that the
25    property is directly or indirectly dangerous to health or
26    safety;

 

 

10000HB0303sam001- 131 -LRB100 05313 SLF 27340 a

1        (3) if there is probable cause to believe that the
2    property is subject to forfeiture under this Act and the
3    property is seized under circumstances in which a
4    warrantless seizure or arrest would be reasonable; or
5        (4) in accordance with the Code of Criminal Procedure
6    of 1963.
7    (c) Forfeiture under this Act is subject to subject to an
88th amendment to the United States Constitution
9disproportionate penalties analysis as provided under Section
109.5 of the Drug Asset Forfeiture Procedure Act. In the event of
11seizure pursuant to subsection (b), notice shall be given
12forthwith to all known interest holders that forfeiture
13proceedings, including a preliminary review, shall be
14instituted in accordance with the Drug Asset Forfeiture
15Procedure Act and such proceedings shall thereafter be
16instituted in accordance with that Act. Upon a showing of good
17cause, the notice required for a preliminary review under this
18Section may be postponed.
19    (c-1) With regard to possession of cannabis offenses only,
20a sum of currency with a value of less than $500 shall not be
21subject to forfeiture under this Act. For all other offenses
22under this Act, a sum of currency with a value of less than
23$100 shall not be subject to forfeiture under this Act. In
24seizures of currency in excess of these amounts, this Section
25shall not create an exemption for these amounts. In the event
26the State's Attorney is of the opinion that real property is

 

 

10000HB0303sam001- 132 -LRB100 05313 SLF 27340 a

1subject to forfeiture under this Act, forfeiture proceedings
2shall be instituted in accordance with the Drug Asset
3Forfeiture Procedure Act. The exemptions from forfeiture
4provisions of Section 8 of the Drug Asset Forfeiture Procedure
5Act are applicable.
6    (d) (Blank). Property taken or detained under this Section
7shall not be subject to replevin, but is deemed to be in the
8custody of the Director subject only to the order and judgments
9of the circuit court having jurisdiction over the forfeiture
10proceedings and the decisions of the State's Attorney under the
11Drug Asset Forfeiture Procedure Act. When property is seized
12under this Act, the seizing agency shall promptly conduct an
13inventory of the seized property, estimate the property's
14value, and shall forward a copy of the inventory of seized
15property and the estimate of the property's value to the
16Director. Upon receiving notice of seizure, the Director may:
17        (1) place the property under seal;
18        (2) remove the property to a place designated by him;
19        (3) keep the property in the possession of the seizing
20    agency;
21        (4) remove the property to a storage area for
22    safekeeping or, if the property is a negotiable instrument
23    or money and is not needed for evidentiary purposes,
24    deposit it in an interest bearing account;
25        (5) place the property under constructive seizure by
26    posting notice of pending forfeiture on it, by giving

 

 

10000HB0303sam001- 133 -LRB100 05313 SLF 27340 a

1    notice of pending forfeiture to its owners and interest
2    holders, or by filing notice of pending forfeiture in any
3    appropriate public record relating to the property; or
4        (6) provide for another agency or custodian, including
5    an owner, secured party, or lienholder, to take custody of
6    the property upon the terms and conditions set by the
7    Director.
8    (e) (Blank). No disposition may be made of property under
9seal until the time for taking an appeal has elapsed or until
10all appeals have been concluded unless a court, upon
11application therefor, orders the sale of perishable substances
12and the deposit of the proceeds of the sale with the court.
13    (f) (Blank). When property is forfeited under this Act the
14Director shall sell all such property unless such property is
15required by law to be destroyed or is harmful to the public,
16and shall distribute the proceeds of the sale, together with
17any moneys forfeited or seized, in accordance with subsection
18(g). However, upon the application of the seizing agency or
19prosecutor who was responsible for the investigation, arrest or
20arrests and prosecution which lead to the forfeiture, the
21Director may return any item of forfeited property to the
22seizing agency or prosecutor for official use in the
23enforcement of laws relating to cannabis or controlled
24substances, if the agency or prosecutor can demonstrate that
25the item requested would be useful to the agency or prosecutor
26in their enforcement efforts. When any forfeited conveyance,

 

 

10000HB0303sam001- 134 -LRB100 05313 SLF 27340 a

1including an aircraft, vehicle, or vessel, is returned to the
2seizing agency or prosecutor, the conveyance may be used
3immediately in the enforcement of the criminal laws of this
4State. Upon disposal, all proceeds from the sale of the
5conveyance must be used for drug enforcement purposes. When any
6real property returned to the seizing agency is sold by the
7agency or its unit of government, the proceeds of the sale
8shall be delivered to the Director and distributed in
9accordance with subsection (g).
10    (g) (Blank). All monies and the sale proceeds of all other
11property forfeited and seized under this Act shall be
12distributed as follows:
13        (1)(i) 65% shall be distributed to the metropolitan
14    enforcement group, local, municipal, county, or state law
15    enforcement agency or agencies which conducted or
16    participated in the investigation resulting in the
17    forfeiture. The distribution shall bear a reasonable
18    relationship to the degree of direct participation of the
19    law enforcement agency in the effort resulting in the
20    forfeiture, taking into account the total value of the
21    property forfeited and the total law enforcement effort
22    with respect to the violation of the law upon which the
23    forfeiture is based. Amounts distributed to the agency or
24    agencies shall be used for the enforcement of laws
25    governing cannabis and controlled substances; for public
26    education in the community or schools in the prevention or

 

 

10000HB0303sam001- 135 -LRB100 05313 SLF 27340 a

1    detection of the abuse of drugs or alcohol; or for security
2    cameras used for the prevention or detection of violence,
3    except that amounts distributed to the Secretary of State
4    shall be deposited into the Secretary of State Evidence
5    Fund to be used as provided in Section 2-115 of the
6    Illinois Vehicle Code.
7        (ii) Any local, municipal, or county law enforcement
8    agency entitled to receive a monetary distribution of
9    forfeiture proceeds may share those forfeiture proceeds
10    pursuant to the terms of an intergovernmental agreement
11    with a municipality that has a population in excess of
12    20,000 if:
13            (I) the receiving agency has entered into an
14        intergovernmental agreement with the municipality to
15        provide police services;
16            (II) the intergovernmental agreement for police
17        services provides for consideration in an amount of not
18        less than $1,000,000 per year;
19            (III) the seizure took place within the
20        geographical limits of the municipality; and
21            (IV) the funds are used only for the enforcement of
22        laws governing cannabis and controlled substances; for
23        public education in the community or schools in the
24        prevention or detection of the abuse of drugs or
25        alcohol; or for security cameras used for the
26        prevention or detection of violence or the

 

 

10000HB0303sam001- 136 -LRB100 05313 SLF 27340 a

1        establishment of a municipal police force, including
2        the training of officers, construction of a police
3        station, the purchase of law enforcement equipment, or
4        vehicles.
5        (2)(i) 12.5% shall be distributed to the Office of the
6    State's Attorney of the county in which the prosecution
7    resulting in the forfeiture was instituted, deposited in a
8    special fund in the county treasury and appropriated to the
9    State's Attorney for use in the enforcement of laws
10    governing cannabis and controlled substances; for public
11    education in the community or schools in the prevention or
12    detection of the abuse of drugs or alcohol; or at the
13    discretion of the State's Attorney, in addition to other
14    authorized purposes, to make grants to local substance
15    abuse treatment facilities and half-way houses. In
16    counties over 3,000,000 population, 25% will be
17    distributed to the Office of the State's Attorney for use
18    in the enforcement of laws governing cannabis and
19    controlled substances; for public education in the
20    community or schools in the prevention or detection of the
21    abuse of drugs or alcohol; or at the discretion of the
22    State's Attorney, in addition to other authorized
23    purposes, to make grants to local substance abuse treatment
24    facilities and half-way houses. If the prosecution is
25    undertaken solely by the Attorney General, the portion
26    provided hereunder shall be distributed to the Attorney

 

 

10000HB0303sam001- 137 -LRB100 05313 SLF 27340 a

1    General for use in the enforcement of laws governing
2    cannabis and controlled substances.
3        (ii) 12.5% shall be distributed to the Office of the
4    State's Attorneys Appellate Prosecutor and deposited in
5    the Narcotics Profit Forfeiture Fund of that Office to be
6    used for additional expenses incurred in the
7    investigation, prosecution and appeal of cases arising
8    under laws governing cannabis and controlled substances or
9    for public education in the community or schools in the
10    prevention or detection of the abuse of drugs or alcohol.
11    The Office of the State's Attorneys Appellate Prosecutor
12    shall not receive distribution from cases brought in
13    counties with over 3,000,000 population.
14        (3) 10% shall be retained by the Department of State
15    Police for expenses related to the administration and sale
16    of seized and forfeited property.
17    (h) Contraband, including cannabis possessed without
18authorization under State or federal law, is not subject to
19forfeiture. No property right exists in contraband. Contraband
20is subject to seizure and shall be disposed of according to
21State law.
22(Source: P.A. 99-686, eff. 7-29-16.)
 
23    Section 150. The Illinois Controlled Substances Act is
24amended by changing Section 505 as follows:
 

 

 

10000HB0303sam001- 138 -LRB100 05313 SLF 27340 a

1    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
2    Sec. 505. (a) The following are subject to forfeiture:
3        (1) (blank); all substances which have been
4    manufactured, distributed, dispensed, or possessed in
5    violation of this Act;
6        (2) all raw materials, products and equipment of any
7    kind which are used, or intended for use in manufacturing,
8    distributing, dispensing, administering or possessing any
9    substance in violation of this Act;
10        (3) all conveyances, including aircraft, vehicles or
11    vessels, which are used, or intended for use, to transport,
12    or in any manner to facilitate the transportation, sale,
13    receipt, possession, or concealment of substances
14    manufactured, distributed, dispensed, or possessed in
15    violation of this Act, or property described in paragraphs
16    (1) and (2)of this subsection (a), but:
17            (i) no conveyance used by any person as a common
18        carrier in the transaction of business as a common
19        carrier is subject to forfeiture under this Section
20        unless it appears that the owner or other person in
21        charge of the conveyance is a consenting party or privy
22        to a violation of this Act;
23            (ii) no conveyance is subject to forfeiture under
24        this Section by reason of any act or omission which the
25        owner proves to have been committed or omitted without
26        his or her knowledge or consent;

 

 

10000HB0303sam001- 139 -LRB100 05313 SLF 27340 a

1            (iii) a forfeiture of a conveyance encumbered by a
2        bona fide security interest is subject to the interest
3        of the secured party if he or she neither had knowledge
4        of nor consented to the act or omission;
5        (4) all money, things of value, books, records, and
6    research products and materials including formulas,
7    microfilm, tapes, and data which are used, or intended to
8    be used in violation of this Act;
9        (5) everything of value furnished, or intended to be
10    furnished, in exchange for a substance in violation of this
11    Act, all proceeds traceable to such an exchange, and all
12    moneys, negotiable instruments, and securities used, or
13    intended to be used, to commit or in any manner to
14    facilitate any violation of this Act;
15        (6) all real property, including any right, title, and
16    interest (including, but not limited to, any leasehold
17    interest or the beneficial interest in a land trust) in the
18    whole of any lot or tract of land and any appurtenances or
19    improvements, which is used or intended to be used, in any
20    manner or part, to commit, or in any manner to facilitate
21    the commission of, any violation or act that constitutes a
22    violation of Section 401 or 405 of this Act or that is the
23    proceeds of any violation or act that constitutes a
24    violation of Section 401 or 405 of this Act.
25    (b) Property subject to forfeiture under this Act may be
26seized under the Drug Asset Forfeiture Procedure Act. In the

 

 

10000HB0303sam001- 140 -LRB100 05313 SLF 27340 a

1event of seizure, forfeiture proceedings shall be instituted
2under the Drug Asset Forfeiture Procedure Act. seized by the
3Director or any peace officer upon process or seizure warrant
4issued by any court having jurisdiction over the property.
5Seizure by the Director or any peace officer without process
6may be made:
7        (1) if the seizure is incident to inspection under an
8    administrative inspection warrant;
9        (2) if the property subject to seizure has been the
10    subject of a prior judgment in favor of the State in a
11    criminal proceeding, or in an injunction or forfeiture
12    proceeding based upon this Act or the Drug Asset Forfeiture
13    Procedure Act;
14        (3) if there is probable cause to believe that the
15    property is directly or indirectly dangerous to health or
16    safety;
17        (4) if there is probable cause to believe that the
18    property is subject to forfeiture under this Act and the
19    property is seized under circumstances in which a
20    warrantless seizure or arrest would be reasonable; or
21        (5) in accordance with the Code of Criminal Procedure
22    of 1963.
23    (c) Forfeiture under this Act is subject to subject to an
248th amendment to the United States Constitution
25disproportionate penalties analysis as provided under Section
269.5 of the Drug Asset Forfeiture Procedure Act. In the event of

 

 

10000HB0303sam001- 141 -LRB100 05313 SLF 27340 a

1seizure pursuant to subsection (b), notice shall be given
2forthwith to all known interest holders that forfeiture
3proceedings, including a preliminary review, shall be
4instituted in accordance with the Drug Asset Forfeiture
5Procedure Act and such proceedings shall thereafter be
6instituted in accordance with that Act. Upon a showing of good
7cause, the notice required for a preliminary review under this
8Section may be postponed.
9    (d) With regard to possession of controlled substances
10offenses only, a sum of currency with a value of less than $500
11shall not be subject to forfeiture under this Act. For all
12other offenses under this Act, currency with a value of under
13$100 shall not be subject to forfeiture under this Act.
14Property taken or detained under this Section shall not be
15subject to replevin, but is deemed to be in the custody of the
16Director subject only to the order and judgments of the circuit
17court having jurisdiction over the forfeiture proceedings and
18the decisions of the State's Attorney under the Drug Asset
19Forfeiture Procedure Act. When property is seized under this
20Act, the seizing agency shall promptly conduct an inventory of
21the seized property and estimate the property's value, and
22shall forward a copy of the inventory of seized property and
23the estimate of the property's value to the Director. Upon
24receiving notice of seizure, the Director may:
25        (1) place the property under seal;
26        (2) remove the property to a place designated by the

 

 

10000HB0303sam001- 142 -LRB100 05313 SLF 27340 a

1    Director;
2        (3) keep the property in the possession of the seizing
3    agency;
4        (4) remove the property to a storage area for
5    safekeeping or, if the property is a negotiable instrument
6    or money and is not needed for evidentiary purposes,
7    deposit it in an interest bearing account;
8        (5) place the property under constructive seizure by
9    posting notice of pending forfeiture on it, by giving
10    notice of pending forfeiture to its owners and interest
11    holders, or by filing notice of pending forfeiture in any
12    appropriate public record relating to the property; or
13        (6) provide for another agency or custodian, including
14    an owner, secured party, or lienholder, to take custody of
15    the property upon the terms and conditions set by the
16    Director.
17    (d-5) For felony offenses involving possession of
18controlled substances only, no property shall be subject to
19forfeiture under this Act because of the possession of less
20than 2 single unit doses of a controlled substance. This
21exemption shall not apply in instances when the possessor, or
22another person at the direction of the possessor, engaged in
23the destruction of any amount of a controlled substance. The
24amount of a single unit dose shall be the State's burden to
25prove in their case in chief.
26    (e) If the Department of Financial and Professional

 

 

10000HB0303sam001- 143 -LRB100 05313 SLF 27340 a

1Regulation suspends or revokes a registration, all controlled
2substances owned or possessed by the registrant at the time of
3suspension or the effective date of the revocation order may be
4placed under seal by the Director. No disposition may be made
5of substances under seal until the time for taking an appeal
6has elapsed or until all appeals have been concluded unless a
7court, upon application therefor, orders the sale of perishable
8substances and the deposit of the proceeds of the sale with the
9court. Upon a suspension or revocation order becoming final,
10all substances are subject to seizure and forfeiture under the
11Drug Asset Forfeiture Procedure Act may be forfeited to the
12Illinois State Police.
13    (f) (Blank). When property is forfeited under this Act the
14Director shall sell all such property unless such property is
15required by law to be destroyed or is harmful to the public,
16and shall distribute the proceeds of the sale, together with
17any moneys forfeited or seized, in accordance with subsection
18(g). However, upon the application of the seizing agency or
19prosecutor who was responsible for the investigation, arrest or
20arrests and prosecution which lead to the forfeiture, the
21Director may return any item of forfeited property to the
22seizing agency or prosecutor for official use in the
23enforcement of laws relating to cannabis or controlled
24substances, if the agency or prosecutor can demonstrate that
25the item requested would be useful to the agency or prosecutor
26in their enforcement efforts. When any forfeited conveyance,

 

 

10000HB0303sam001- 144 -LRB100 05313 SLF 27340 a

1including an aircraft, vehicle, or vessel, is returned to the
2seizing agency or prosecutor, the conveyance may be used
3immediately in the enforcement of the criminal laws of this
4State. Upon disposal, all proceeds from the sale of the
5conveyance must be used for drug enforcement purposes. When any
6real property returned to the seizing agency is sold by the
7agency or its unit of government, the proceeds of the sale
8shall be delivered to the Director and distributed in
9accordance with subsection (g).
10    (g) (Blank). All monies and the sale proceeds of all other
11property forfeited and seized under this Act shall be
12distributed as follows:
13        (1)(i) 65% shall be distributed to the metropolitan
14    enforcement group, local, municipal, county, or state law
15    enforcement agency or agencies which conducted or
16    participated in the investigation resulting in the
17    forfeiture. The distribution shall bear a reasonable
18    relationship to the degree of direct participation of the
19    law enforcement agency in the effort resulting in the
20    forfeiture, taking into account the total value of the
21    property forfeited and the total law enforcement effort
22    with respect to the violation of the law upon which the
23    forfeiture is based. Amounts distributed to the agency or
24    agencies shall be used for the enforcement of laws
25    governing cannabis and controlled substances; for public
26    education in the community or schools in the prevention or

 

 

10000HB0303sam001- 145 -LRB100 05313 SLF 27340 a

1    detection of the abuse of drugs or alcohol; or for security
2    cameras used for the prevention or detection of violence,
3    except that amounts distributed to the Secretary of State
4    shall be deposited into the Secretary of State Evidence
5    Fund to be used as provided in Section 2-115 of the
6    Illinois Vehicle Code.
7        (ii) Any local, municipal, or county law enforcement
8    agency entitled to receive a monetary distribution of
9    forfeiture proceeds may share those forfeiture proceeds
10    pursuant to the terms of an intergovernmental agreement
11    with a municipality that has a population in excess of
12    20,000 if:
13            (I) the receiving agency has entered into an
14        intergovernmental agreement with the municipality to
15        provide police services;
16            (II) the intergovernmental agreement for police
17        services provides for consideration in an amount of not
18        less than $1,000,000 per year;
19            (III) the seizure took place within the
20        geographical limits of the municipality; and
21            (IV) the funds are used only for the enforcement of
22        laws governing cannabis and controlled substances; for
23        public education in the community or schools in the
24        prevention or detection of the abuse of drugs or
25        alcohol; or for security cameras used for the
26        prevention or detection of violence or the

 

 

10000HB0303sam001- 146 -LRB100 05313 SLF 27340 a

1        establishment of a municipal police force, including
2        the training of officers, construction of a police
3        station, the purchase of law enforcement equipment, or
4        vehicles.
5        (2)(i) 12.5% shall be distributed to the Office of the
6    State's Attorney of the county in which the prosecution
7    resulting in the forfeiture was instituted, deposited in a
8    special fund in the county treasury and appropriated to the
9    State's Attorney for use in the enforcement of laws
10    governing cannabis and controlled substances; for public
11    education in the community or schools in the prevention or
12    detection of the abuse of drugs or alcohol; or at the
13    discretion of the State's Attorney, in addition to other
14    authorized purposes, to make grants to local substance
15    abuse treatment facilities and half-way houses. In
16    counties over 3,000,000 population, 25% will be
17    distributed to the Office of the State's Attorney for use
18    in the enforcement of laws governing cannabis and
19    controlled substances; for public education in the
20    community or schools in the prevention or detection of the
21    abuse of drugs or alcohol; or at the discretion of the
22    State's Attorney, in addition to other authorized
23    purposes, to make grants to local substance abuse treatment
24    facilities and half-way houses. If the prosecution is
25    undertaken solely by the Attorney General, the portion
26    provided hereunder shall be distributed to the Attorney

 

 

10000HB0303sam001- 147 -LRB100 05313 SLF 27340 a

1    General for use in the enforcement of laws governing
2    cannabis and controlled substances or for public education
3    in the community or schools in the prevention or detection
4    of the abuse of drugs or alcohol.
5        (ii) 12.5% shall be distributed to the Office of the
6    State's Attorneys Appellate Prosecutor and deposited in
7    the Narcotics Profit Forfeiture Fund of that office to be
8    used for additional expenses incurred in the
9    investigation, prosecution and appeal of cases arising
10    under laws governing cannabis and controlled substances or
11    for public education in the community or schools in the
12    prevention or detection of the abuse of drugs or alcohol.
13    The Office of the State's Attorneys Appellate Prosecutor
14    shall not receive distribution from cases brought in
15    counties with over 3,000,000 population.
16        (3) 10% shall be retained by the Department of State
17    Police for expenses related to the administration and sale
18    of seized and forfeited property.
19    (h) (Blank). Species of plants from which controlled
20substances in Schedules I and II may be derived which have been
21planted or cultivated in violation of this Act, or of which the
22owners or cultivators are unknown, or which are wild growths,
23may be seized and summarily forfeited to the State. The
24failure, upon demand by the Director or any peace officer, of
25the person in occupancy or in control of land or premises upon
26which the species of plants are growing or being stored, to

 

 

10000HB0303sam001- 148 -LRB100 05313 SLF 27340 a

1produce registration, or proof that he or she is the holder
2thereof, constitutes authority for the seizure and forfeiture
3of the plants.
4    (i) Contraband, including controlled substances possessed
5without authorization under State or federal law, is not
6subject to forfeiture. No property right exists in contraband.
7Contraband is subject to seizure and shall be disposed of
8according to State law.
9(Source: P.A. 99-686, eff. 7-29-16.)
 
10    Section 155. The Methamphetamine Control and Community
11Protection Act is amended by changing Section 85 as follows:
 
12    (720 ILCS 646/85)
13    Sec. 85. Forfeiture.
14    (a) The following are subject to forfeiture:
15        (1) (blank); all substances containing methamphetamine
16    which have been produced, manufactured, delivered, or
17    possessed in violation of this Act;
18        (2) all methamphetamine manufacturing materials which
19    have been produced, delivered, or possessed in connection
20    with any substance containing methamphetamine in violation
21    of this Act;
22        (3) all conveyances, including aircraft, vehicles or
23    vessels, which are used, or intended for use, to transport,
24    or in any manner to facilitate the transportation, sale,

 

 

10000HB0303sam001- 149 -LRB100 05313 SLF 27340 a

1    receipt, possession, or concealment of any substance
2    containing methamphetamine or property described in
3    paragraph (1) or (2) of this subsection (a) that
4    constitutes a felony violation of the Act, but:
5            (i) no conveyance used by any person as a common
6        carrier in the transaction of business as a common
7        carrier is subject to forfeiture under this Section
8        unless it appears that the owner or other person in
9        charge of the conveyance is a consenting party or privy
10        to the a violation of this Act;
11            (ii) no conveyance is subject to forfeiture under
12        this Section by reason of any act or omission which the
13        owner proves to have been committed or omitted without
14        his or her knowledge or consent;
15            (iii) a forfeiture of a conveyance encumbered by a
16        bona fide security interest is subject to the interest
17        of the secured party if he or she neither had knowledge
18        of nor consented to the act or omission;
19        (4) all money, things of value, books, records, and
20    research products and materials including formulas,
21    microfilm, tapes, and data which are used, or intended for
22    use in a felony violation of this Act;
23        (5) everything of value furnished or intended to be
24    furnished by any person in exchange for a substance in
25    violation of this Act, all proceeds traceable to such an
26    exchange, and all moneys, negotiable instruments, and

 

 

10000HB0303sam001- 150 -LRB100 05313 SLF 27340 a

1    securities used, or intended to be used, to commit or in
2    any manner to facilitate any felony violation of this Act.
3        (6) all real property, including any right, title, and
4    interest (including, but not limited to, any leasehold
5    interest or the beneficial interest in a land trust) in the
6    whole of any lot or tract of land and any appurtenances or
7    improvements, which is used, or intended to be used, in any
8    manner or part, to commit, or in any manner to facilitate
9    the commission of, any violation or act that constitutes a
10    violation of this Act or that is the proceeds of any
11    violation or act that constitutes a violation of this Act.
12    (b) Property subject to forfeiture under this Act may be
13seized under the Drug Asset Forfeiture Procedure Act. In the
14event of seizure, forfeiture proceedings shall be instituted
15under the Drug Asset Forfeiture Procedure Act. by the Director
16or any peace officer upon process or seizure warrant issued by
17any court having jurisdiction over the property. Seizure by the
18Director or any peace officer without process may be made:
19        (1) if the property subject to seizure has been the
20    subject of a prior judgment in favor of the State in a
21    criminal proceeding or in an injunction or forfeiture
22    proceeding based upon this Act or the Drug Asset Forfeiture
23    Procedure Act;
24        (2) if there is probable cause to believe that the
25    property is directly or indirectly dangerous to health or
26    safety;

 

 

10000HB0303sam001- 151 -LRB100 05313 SLF 27340 a

1        (3) if there is probable cause to believe that the
2    property is subject to forfeiture under this Act and the
3    property is seized under circumstances in which a
4    warrantless seizure or arrest would be reasonable; or
5        (4) in accordance with the Code of Criminal Procedure
6    of 1963.
7    (c) Forfeiture under this Act is subject to subject to an
88th amendment to the United States Constitution
9disproportionate penalties analysis as provided under Section
109.5 of the Drug Asset Forfeiture Procedure Act. In the event of
11seizure pursuant to subsection (b), notice shall be given
12forthwith to all known interest holders that forfeiture
13proceedings, including a preliminary review, shall be
14instituted in accordance with the Drug Asset Forfeiture
15Procedure Act and such proceedings shall thereafter be
16instituted in accordance with that Act. Upon a showing of good
17cause, the notice required for a preliminary review under this
18Section may be postponed.
19    (d) With regard to possession of methamphetamine offenses
20only, a sum of currency with a value of less than $500 shall
21not be subject to forfeiture under this Act. For all other
22offenses under this Act, currency with a value of under $100
23shall not be subject to forfeiture under this Act. Property
24taken or detained under this Section is not subject to
25replevin, but is deemed to be in the custody of the Director
26subject only to the order and judgments of the circuit court

 

 

10000HB0303sam001- 152 -LRB100 05313 SLF 27340 a

1having jurisdiction over the forfeiture proceedings and the
2decisions of the State's Attorney under the Drug Asset
3Forfeiture Procedure Act. When property is seized under this
4Act, the seizing agency shall promptly conduct an inventory of
5the seized property, estimate the property's value, and forward
6a copy of the inventory of seized property and the estimate of
7the property's value to the Director. Upon receiving notice of
8seizure, the Director may:
9        (1) place the property under seal;
10        (2) remove the property to a place designated by him or
11    her;
12        (3) keep the property in the possession of the seizing
13    agency;
14        (4) remove the property to a storage area for
15    safekeeping or, if the property is a negotiable instrument
16    or money and is not needed for evidentiary purposes,
17    deposit it in an interest bearing account;
18        (5) place the property under constructive seizure by
19    posting notice of pending forfeiture on it, by giving
20    notice of pending forfeiture to its owners and interest
21    holders, or by filing notice of pending forfeiture in any
22    appropriate public record relating to the property; or
23        (6) provide for another agency or custodian, including
24    an owner, secured party, or lienholder, to take custody of
25    the property upon the terms and conditions set by the
26    Director.

 

 

10000HB0303sam001- 153 -LRB100 05313 SLF 27340 a

1    (e) For felony offenses involving possession of a substance
2containing methamphetamine only, no property shall be subject
3to forfeiture under this Act because of the possession of less
4than 2 single unit doses of a substance. This exemption shall
5not apply in instances when the possessor, or another person at
6the direction of the possessor, is engaged in the destruction
7of any amount of a substance containing methamphetamine. The
8amount of a single unit dose shall be the State's burden to
9prove in their case in chief. No disposition may be made of
10property under seal until the time for taking an appeal has
11elapsed or until all appeals have been concluded unless a
12court, upon application therefor, orders the sale of perishable
13substances and the deposit of the proceeds of the sale with the
14court.
15    (f) (Blank). When property is forfeited under this Act, the
16Director shall sell the property unless the property is
17required by law to be destroyed or is harmful to the public,
18and shall distribute the proceeds of the sale, together with
19any moneys forfeited or seized, in accordance with subsection
20(g). However, upon the application of the seizing agency or
21prosecutor who was responsible for the investigation, arrest or
22arrests and prosecution which lead to the forfeiture, the
23Director may return any item of forfeited property to the
24seizing agency or prosecutor for official use in the
25enforcement of laws relating to methamphetamine, cannabis, or
26controlled substances, if the agency or prosecutor

 

 

10000HB0303sam001- 154 -LRB100 05313 SLF 27340 a

1demonstrates that the item requested would be useful to the
2agency or prosecutor in their enforcement efforts. When any
3forfeited conveyance, including an aircraft, vehicle, or
4vessel, is returned to the seizing agency or prosecutor, the
5conveyance may be used immediately in the enforcement of the
6criminal laws of this State. Upon disposal, all proceeds from
7the sale of the conveyance must be used for drug enforcement
8purposes. When any real property returned to the seizing agency
9is sold by the agency or its unit of government, the proceeds
10of the sale shall be delivered to the Director and distributed
11in accordance with subsection (g).
12    (g) (Blank). All moneys and the sale proceeds of all other
13property forfeited and seized under this Act shall be
14distributed as follows:
15        (1)(i) 65% shall be distributed to the metropolitan
16    enforcement group, local, municipal, county, or State law
17    enforcement agency or agencies which conducted or
18    participated in the investigation resulting in the
19    forfeiture. The distribution shall bear a reasonable
20    relationship to the degree of direct participation of the
21    law enforcement agency in the effort resulting in the
22    forfeiture, taking into account the total value of the
23    property forfeited and the total law enforcement effort
24    with respect to the violation of the law upon which the
25    forfeiture is based. Amounts distributed to the agency or
26    agencies shall be used for the enforcement of laws

 

 

10000HB0303sam001- 155 -LRB100 05313 SLF 27340 a

1    governing methamphetamine, cannabis, and controlled
2    substances; for public education in the community or
3    schools in the prevention or detection of the abuse of
4    drugs or alcohol; or for security cameras used for the
5    prevention or detection of violence, except that amounts
6    distributed to the Secretary of State shall be deposited
7    into the Secretary of State Evidence Fund to be used as
8    provided in Section 2-115 of the Illinois Vehicle Code.
9        (ii) Any local, municipal, or county law enforcement
10    agency entitled to receive a monetary distribution of
11    forfeiture proceeds may share those forfeiture proceeds
12    pursuant to the terms of an intergovernmental agreement
13    with a municipality that has a population in excess of
14    20,000 if:
15            (I) the receiving agency has entered into an
16        intergovernmental agreement with the municipality to
17        provide police services;
18            (II) the intergovernmental agreement for police
19        services provides for consideration in an amount of not
20        less than $1,000,000 per year;
21            (III) the seizure took place within the
22        geographical limits of the municipality; and
23            (IV) the funds are used only for the enforcement of
24        laws governing cannabis and controlled substances; for
25        public education in the community or schools in the
26        prevention or detection of the abuse of drugs or

 

 

10000HB0303sam001- 156 -LRB100 05313 SLF 27340 a

1        alcohol; or for security cameras used for the
2        prevention or detection of violence or the
3        establishment of a municipal police force, including
4        the training of officers, construction of a police
5        station, the purchase of law enforcement equipment, or
6        vehicles.
7        (2)(i) 12.5% shall be distributed to the Office of the
8    State's Attorney of the county in which the prosecution
9    resulting in the forfeiture was instituted, deposited in a
10    special fund in the county treasury and appropriated to the
11    State's Attorney for use in the enforcement of laws
12    governing methamphetamine, cannabis, and controlled
13    substances; for public education in the community or
14    schools in the prevention or detection of the abuse of
15    drugs or alcohol; or at the discretion of the State's
16    Attorney, in addition to other authorized purposes, to make
17    grants to local substance abuse treatment facilities and
18    half-way houses. In counties with a population over
19    3,000,000, 25% shall be distributed to the Office of the
20    State's Attorney for use in the enforcement of laws
21    governing methamphetamine, cannabis, and controlled
22    substances; for public education in the community or
23    schools in the prevention or detection of the abuse of
24    drugs or alcohol; or at the discretion of the State's
25    Attorney, in addition to other authorized purposes, to make
26    grants to local substance abuse treatment facilities and

 

 

10000HB0303sam001- 157 -LRB100 05313 SLF 27340 a

1    half-way houses. If the prosecution is undertaken solely by
2    the Attorney General, the portion provided hereunder shall
3    be distributed to the Attorney General for use in the
4    enforcement of laws governing methamphetamine, cannabis,
5    and controlled substances or for public education in the
6    community or schools in the prevention or detection of the
7    abuse of drugs or alcohol.
8        (ii) 12.5% shall be distributed to the Office of the
9    State's Attorneys Appellate Prosecutor and deposited in
10    the Narcotics Profit Forfeiture Fund of that Office to be
11    used for additional expenses incurred in the
12    investigation, prosecution and appeal of cases arising
13    under laws governing methamphetamine, cannabis, and
14    controlled substances or for public education in the
15    community or schools in the prevention or detection of the
16    abuse of drugs or alcohol. The Office of the State's
17    Attorneys Appellate Prosecutor shall not receive
18    distribution from cases brought in counties with a
19    population over 3,000,000.
20        (3) 10% shall be retained by the Department of State
21    Police for expenses related to the administration and sale
22    of seized and forfeited property.
23    (h) Contraband, including methamphetamine or any
24controlled substance possessed without authorization under
25State or federal law, is not subject to forfeiture. No property
26right exists in contraband. Contraband is subject to seizure

 

 

10000HB0303sam001- 158 -LRB100 05313 SLF 27340 a

1and shall be disposed of according to State law.
2(Source: P.A. 99-686, eff. 7-29-16.)
 
3    Section 160. The Code of Criminal Procedure of 1963 is
4amended by changing Sections 124B-710 and 124B-715 and by
5adding Section 124B-195 as follows:
 
6    (725 ILCS 5/124B-195 new)
7    Sec. 124B-195. Reporting. Property seized or forfeited
8under this Article is subject to reporting under the Seizure
9and Forfeiture Reporting Act.
 
10    (725 ILCS 5/124B-710)
11    Sec. 124B-710. Sale of forfeited property by Director of
12State Police; return to seizing agency or prosecutor.
13    (a) The court shall authorize the Director of State Police
14to seize any property declared forfeited under this Article on
15terms and conditions the court deems proper.
16    (b) When property is forfeited under this Part 700, the
17Director of State Police shall sell the property unless the
18property is required by law to be destroyed or is harmful to
19the public. The Director shall distribute the proceeds of the
20sale, together with any moneys forfeited or seized, in
21accordance with Section 124B-715.
22    (c) (Blank). On the application of the seizing agency or
23prosecutor who was responsible for the investigation, arrest,

 

 

10000HB0303sam001- 159 -LRB100 05313 SLF 27340 a

1and prosecution that lead to the forfeiture, however, the
2Director may return any item of forfeited property to the
3seizing agency or prosecutor for official use in the
4enforcement of laws relating to Article 17B or Section 17-6.3
5of the Criminal Code of 1961 or the Criminal Code of 2012 if
6the agency or prosecutor can demonstrate that the item
7requested would be useful to the agency or prosecutor in their
8enforcement efforts. When any real property returned to the
9seizing agency is sold by the agency or its unit of government,
10the proceeds of the sale shall be delivered to the Director and
11distributed in accordance with Section 124B-715.
12(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13;
1397-1150, eff. 1-25-13.)
 
14    (725 ILCS 5/124B-715)
15    Sec. 124B-715. Distribution of all other property and sale
16proceeds. All moneys and the sale proceeds of all property
17forfeited and seized under this Part 700 and not returned to a
18seizing agency or prosecutor under subsection (c) of Section
19124B-705 shall be distributed to the Special Supplemental Food
20Program for Women, Infants and Children (WIC) program
21administered by the Illinois Department of Human Services.
22(Source: P.A. 96-712, eff. 1-1-10.)
 
23    (725 ILCS 5/124B-1030 rep.)
24    Section 165. The Code of Criminal Procedure of 1963 is

 

 

10000HB0303sam001- 160 -LRB100 05313 SLF 27340 a

1amended by repealing Section 124B-1030.
 
2    Section 170. The Drug Asset Forfeiture Procedure Act is
3amended by changing Sections 3.5, 4, 5, 6, 7, 8, 9, 11, and 14
4and by adding Sections 3.1, 3.2, 3.3, 5.1, 9.1, 9.5, 15, 17,
5and 20 as follows:
 
6    (725 ILCS 150/3.1 new)
7    Sec. 3.1. Seizure.
8    (a) Actual physical seizure of real property subject to
9forfeiture under this Act requires the issuance of a seizure
10warrant. Nothing in this Section prohibits the constructive
11seizure of real property through the filing of a complaint for
12forfeiture in circuit court and the recording of a lis pendens
13against the real property without a hearing, warrant
14application, or judicial approval.
15    (b) Personal property subject to forfeiture under the
16Illinois Controlled Substances Act, the Cannabis Control Act,
17the Illinois Food, Drug and Cosmetic Act, or the
18Methamphetamine Control and Community Protection Act may be
19seized by the Director of State Police or any peace officer
20upon process or seizure warrant issued by any court having
21jurisdiction over the property.
22    (c) Personal property subject to forfeiture under the
23Illinois Controlled Substances Act, the Cannabis Control Act,
24the Illinois Food, Drug and Cosmetic Act, or the

 

 

10000HB0303sam001- 161 -LRB100 05313 SLF 27340 a

1Methamphetamine Control and Community Protection Act may be
2seized by the Director of State Police or any peace officer
3without process:
4        (1) if the seizure is incident to inspection under an
5    administrative inspection warrant;
6        (2) if the property subject to seizure has been the
7    subject of a prior judgment in favor of the State in a
8    criminal proceeding or in an injunction or forfeiture
9    proceeding based upon this Act;
10        (3) if there is probable cause to believe that the
11    property is directly or indirectly dangerous to health or
12    safety;
13        (4) if there is probable cause to believe that the
14    property is subject to forfeiture under the Illinois
15    Controlled Substances Act, the Cannabis Control Act, the
16    Illinois Food, Drug and Cosmetic Act, or the
17    Methamphetamine Control and Community Protection Act, and
18    the property is seized under circumstances in which a
19    warrantless seizure or arrest would be reasonable; or
20        (5) under the Code of Criminal Procedure of 1963.
21    (d) If a conveyance is seized under this Act, an
22investigation shall be made by the law enforcement agency as to
23any person whose right, title, interest, or lien is of record
24in the office of the agency or official in which title or
25interest to the conveyance is required by law to be recorded.
26    (e) After seizure under this Section, notice shall be given

 

 

10000HB0303sam001- 162 -LRB100 05313 SLF 27340 a

1to all known interest holders that forfeiture proceedings,
2including a preliminary review, may be instituted and the
3proceedings may be instituted under this Act. Upon a showing of
4good cause related to an ongoing investigation, the notice
5required for a preliminary review under this Section may be
6postponed.
 
7    (725 ILCS 150/3.2 new)
8    Sec. 3.2. Receipt for seized property. If a law enforcement
9officer seizes property that is subject to forfeiture, the
10officer shall provide an itemized receipt to the person
11possessing the property or, in the absence of a person to whom
12the receipt could be given, shall leave the receipt in the
13place where the property was found, if possible.
 
14    (725 ILCS 150/3.3 new)
15    Sec. 3.3. Safekeeping of seized property pending
16disposition.
17    (a) Property seized under this Act is deemed to be in the
18custody of the Director of State Police subject only to the
19order and judgments of the circuit court having jurisdiction
20over the forfeiture proceedings and the decisions of the
21State's Attorney under this Act.
22    (b) If property is seized under this Act, the seizing
23agency shall promptly conduct an inventory of the seized
24property and estimate the property's value, and shall forward a

 

 

10000HB0303sam001- 163 -LRB100 05313 SLF 27340 a

1copy of the inventory of seized property and the estimate of
2the property's value to the Director of State Police. Upon
3receiving notice of seizure, the Director of State Police may:
4        (1) place the property under seal;
5        (2) remove the property to a place designated by the
6    seizing agency;
7        (3) keep the property in the possession of the Director
8    of State Police;
9        (4) remove the property to a storage area for
10    safekeeping; or
11        (5) place the property under constructive seizure by
12    posting notice of pending forfeiture on it, by giving
13    notice of pending forfeiture to its owners and interest
14    holders, or by filing notice of pending forfeiture in any
15    appropriate public record relating to the property; or
16        (6) provide for another agency or custodian, including
17    an owner, secured party, or lienholder, to take custody of
18    the property upon the terms and conditions set by the
19    seizing agency.
20    (c) The seizing agency is required to exercise ordinary
21care to protect the seized property from negligent loss,
22damage, or destruction.
 
23    (725 ILCS 150/3.5)
24    Sec. 3.5. Preliminary Review.
25    (a) Within 14 days of the seizure, the State shall seek a

 

 

10000HB0303sam001- 164 -LRB100 05313 SLF 27340 a

1preliminary determination from the circuit court as to whether
2there is probable cause that the property may be subject to
3forfeiture.
4    (b) The rules of evidence shall not apply to any proceeding
5conducted under this Section.
6    (c) The court may conduct the review under subsection (a)
7simultaneously with a proceeding pursuant to Section 109-1 of
8the Code of Criminal Procedure of 1963 for a related criminal
9offense if a prosecution is commenced by information or
10complaint.
11    (d) The court may accept a finding of probable cause at a
12preliminary hearing following the filing of an information or
13complaint charging a related criminal offense or following the
14return of indictment by a grand jury charging the related
15offense as sufficient evidence of probable cause as required
16under subsection (a).
17    (e) Upon making a finding of probable cause as required
18under this Section, the circuit court shall order the property
19subject to the provisions of the applicable forfeiture Act held
20until the conclusion of any forfeiture proceeding.
21    For seizures of conveyances, within 28 days after within 7
22days of a finding of probable cause under subsection (a), the
23registered owner or other claimant may file a motion in writing
24supported by sworn affidavits claiming that denial of the use
25of the conveyance during the pendency of the forfeiture
26proceedings creates a substantial hardship and alleges facts

 

 

10000HB0303sam001- 165 -LRB100 05313 SLF 27340 a

1showing that the delay was not due to his or her culpable
2negligence. The court shall consider the following factors in
3determining whether a substantial hardship has been proven:
4        (1) the nature of the claimed hardship;
5        (2) the availability of public transportation or other
6    available means of transportation; and
7        (3) any available alternatives to alleviate the
8    hardship other than the return of the seized conveyance.
9    If the court determines that a substantial hardship has
10been proven, the court shall then balance the nature of the
11hardship against the State's interest in safeguarding the
12conveyance. If the court determines that the hardship outweighs
13the State's interest in safeguarding the conveyance, the court
14may temporarily release the conveyance to the registered owner
15or the registered owner's authorized designee, or both, until
16the conclusion of the forfeiture proceedings or for such
17shorter period as ordered by the court provided that the person
18to whom the conveyance is released provides proof of insurance
19and a valid driver's license and all State and local
20registrations for operation of the conveyance are current. The
21court shall place conditions on the conveyance limiting its use
22to the stated hardship and providing transportation for
23employment, religious purposes, medical needs, child care, and
24obtaining food, and restricting the conveyance's use to only
25those individuals authorized to use the conveyance by the
26registered owner. The use of the vehicle shall be further

 

 

10000HB0303sam001- 166 -LRB100 05313 SLF 27340 a

1restricted to exclude all recreational and entertainment
2purposes. The court may order any additional restrictions it
3deems reasonable and just on its own motion or on motion of the
4People. The court shall revoke the order releasing the
5conveyance and order that the conveyance be reseized by law
6enforcement if the conditions of release are violated or if the
7conveyance is used in the commission of any offense identified
8in subsection (a) of Section 6-205 of the Illinois Vehicle
9Code.
10    If the court orders the release of the conveyance during
11the pendency of the forfeiture proceedings, the court may order
12the registered owner or his or her authorized designee to shall
13post a cash security with the Clerk of the Court as ordered by
14the court. If cash security is ordered, the The court shall
15consider the following factors in determining the amount of the
16cash security:
17        (A) the full market value of the conveyance;
18        (B) the nature of the hardship;
19        (C) the extent and length of the usage of the
20    conveyance; and
21        (D) the ability of the owner or designee to pay; and
22    such other conditions as the court deems necessary to
23    safeguard the conveyance.
24        (E) other conditions as the court deems necessary to
25    safeguard the conveyance.
26    If the conveyance is released, the court shall order that

 

 

10000HB0303sam001- 167 -LRB100 05313 SLF 27340 a

1the registered owner or his or her designee safeguard the
2conveyance, not remove the conveyance from the jurisdiction,
3not conceal, destroy, or otherwise dispose of the conveyance,
4not encumber the conveyance, and not diminish the value of the
5conveyance in any way. The court shall also make a
6determination of the full market value of the conveyance prior
7to it being released based on a source or sources defined in 50
8Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
9     If the conveyance subject to forfeiture is released under
10this Section and is subsequently forfeited, the person to whom
11the conveyance was released shall return the conveyance to the
12law enforcement agency that seized the conveyance within 7 days
13from the date of the declaration of forfeiture or order of
14forfeiture. If the conveyance is not returned within 7 days,
15the cash security shall be forfeited in the same manner as the
16conveyance subject to forfeiture. If the cash security was less
17than the full market value, a judgment shall be entered against
18the parties to whom the conveyance was released and the
19registered owner, jointly and severally, for the difference
20between the full market value and the amount of the cash
21security. If the conveyance is returned in a condition other
22than the condition in which it was released, the cash security
23shall be returned to the surety who posted the security minus
24the amount of the diminished value, and that amount shall be
25forfeited in the same manner as the conveyance subject to
26forfeiture. Additionally, the court may enter an order allowing

 

 

10000HB0303sam001- 168 -LRB100 05313 SLF 27340 a

1any law enforcement agency in the State of Illinois to seize
2the conveyance wherever it may be found in the State to satisfy
3the judgment if the cash security was less than the full market
4value of the conveyance.
5(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
 
6    (725 ILCS 150/4)  (from Ch. 56 1/2, par. 1674)
7    Sec. 4. Notice to Owner or Interest Holder. The first
8attempted service shall be commenced within 28 days of the
9filing of the verified claim or the receipt of the notice from
10seizing agency by the form 4-64, whichever occurs sooner. A
11complaint for forfeiture or a notice of pending forfeiture
12shall be served upon the property owner or interest holder in
13the following manner:
14        (1) If the owner's or interest holder's name and
15    current address are known, then by either:
16            (A) personal service; or
17            (B) mailing a copy of the notice by certified mail,
18        return receipt requested and first class mail, to that
19        address.
20                (i) If notice is sent by certified mail and no
21            signed return receipt is received by the State's
22            Attorney within 28 days of mailing, and no
23            communication from the owner or interest holder is
24            received by the State's Attorney documenting
25            actual notice by said parties, then the State's

 

 

10000HB0303sam001- 169 -LRB100 05313 SLF 27340 a

1            Attorney shall, within a reasonable period of
2            time, mail a second copy of the notice by certified
3            mail, return receipt requested and first class
4            mail, to that address.
5                (ii) If no signed return receipt is received by
6            the State's Attorney within 28 days of the second
7            attempt at service by certified mail, and no
8            communication from the owner or interest holder is
9            received by the State's Attorney documenting
10            actual notice by said parties, then the State's
11            Attorney shall have 60 days to attempt to serve the
12            notice by personal service, which also includes
13            substitute service by leaving a copy at the usual
14            place of abode, with some person of the family or a
15            person residing there, of the age of 13 years or
16            upwards. If after 3 attempts at service in this
17            manner, no service of the notice is accomplished,
18            then the notice shall be posted in a conspicuous
19            manner at this address and service shall be made by
20            posting.
21                The attempts at service and the posting if
22            required, shall be documented by the person
23            attempting service and said documentation shall be
24            made part of a return of service returned to the
25            State's Attorney.
26                The State's Attorney may utilize any Sheriff

 

 

10000HB0303sam001- 170 -LRB100 05313 SLF 27340 a

1            or Deputy Sheriff any peace officer, a private
2            process server or investigator, or any employee,
3            agent, or investigator of the State's Attorney's
4            Office to attempt service without seeking leave of
5            court.
6                After the procedures set forth are followed,
7            service shall be effective on an owner or interest
8            holder on the date of receipt by the State's
9            Attorney of a returned return receipt requested,
10            or on the date of receipt of a communication from
11            an owner or interest holder documenting actual
12            notice, whichever is first in time, or on the date
13            of the last act performed by the State's Attorney
14            in attempting personal service under subparagraph
15            (ii) above. If notice is to be shown by actual
16            notice from communication with a claimant, then
17            the State's Attorney shall file an affidavit
18            providing details of the communication, which may
19            be accepted as sufficient proof of service by the
20            court.
21                After a claimant files a verified claim with
22            the State's Attorney and provide an address at
23            which they will accept service, the complaint
24            shall be served and notice shall be perfected upon
25            mailing of the complaint to the claimant at the
26            address the claimant provided via certified mail,

 

 

10000HB0303sam001- 171 -LRB100 05313 SLF 27340 a

1            return receipt requested and first class mail. No
2            return receipt card need be received, or any other
3            attempts at service need be made to comply with
4            service and notice requirements under this Act.
5            This certified mailing, return receipt requested
6            shall be proof of service of the complaint on the
7            claimant.
8                For purposes of notice under this Section, if a
9            person has been arrested for the conduct giving
10            rise to the forfeiture, then the address provided
11            to the arresting agency at the time of arrest shall
12            be deemed to be that person's known address.
13            Provided, however, if an owner or interest
14            holder's address changes prior to the effective
15            date of the notice of pending forfeiture, the owner
16            or interest holder shall promptly notify the
17            seizing agency of the change in address or, if the
18            owner or interest holder's address changes
19            subsequent to the effective date of the notice of
20            pending forfeiture, the owner or interest holder
21            shall promptly notify the State's Attorney of the
22            change in address; or if the property seized is a
23            conveyance, to the address reflected in the office
24            of the agency or official in which title or
25            interest to the conveyance is required by law to be
26            recorded.

 

 

10000HB0303sam001- 172 -LRB100 05313 SLF 27340 a

1        (2) If the owner's or interest holder's address is not
2    known, and is not on record, then notice shall be served by
3    publication for 3 successive weeks in a newspaper of
4    general circulation in the county in which the seizure
5    occurred.
6        (3) After a claimant files a verified claim with the
7    State's Attorney and provides an address at which they will
8    accept service, the complaint shall be served and notice
9    shall be perfected upon mailing of the complaint to the
10    claimant at the address the claimant provided via certified
11    mail, return receipt requested and first class mail. No
12    return receipt card need be received or any other attempts
13    at service need be made to comply with service and notice
14    requirements under this Act. This certified mailing,
15    return receipt requested shall be proof of service of the
16    complaint on the claimant.
17        (4) Notice to any business entity, corporation, LLC,
18    LLP, or partnership shall be complete by a single mailing
19    of a copy of the notice by certified mail, return receipt
20    requested and first class mail, to that address. This
21    notice is complete regardless of the return of a signed
22    "return receipt requested".
23        (5) Notice to a person whose address is not within the
24    State shall be complete by a single mailing of a copy of
25    the notice by certified mail, return receipt requested and
26    first class mail, to that address. This notice is complete

 

 

10000HB0303sam001- 173 -LRB100 05313 SLF 27340 a

1    regardless of the return of a signed "return receipt
2    requested".
3        (6) Notice to a person whose address is not within the
4    United States shall be complete by a single mailing of a
5    copy of the notice by certified mail, return receipt
6    requested and first class mail, to that address. This
7    notice shall be complete regardless of the return of a
8    signed "return receipt requested". If certified mail is not
9    available in the foreign country where the person has an
10    address, then notice shall proceed by publication under
11    paragraph (2) of this Section.
12        (7) Notice to any person whom the State's Attorney
13    reasonably should know is incarcerated within the State
14    shall also include the mailing a copy of the notice by
15    certified mail, return receipt requested and first class
16    mail, to the address of the detention facility with the
17    inmate's name clearly marked on the envelope.
18    (A) (Blank). Whenever notice of pending forfeiture or
19service of an in rem complaint is required under the provisions
20of this Act, such notice or service shall be given as follows:
21        (1) If the owner's or interest holder's name and
22    current address are known, then by either personal service
23    or mailing a copy of the notice by certified mail, return
24    receipt requested, to that address. For purposes of notice
25    under this Section, if a person has been arrested for the
26    conduct giving rise to the forfeiture, then the address

 

 

10000HB0303sam001- 174 -LRB100 05313 SLF 27340 a

1    provided to the arresting agency at the time of arrest
2    shall be deemed to be that person's known address.
3    Provided, however, if an owner or interest holder's address
4    changes prior to the effective date of the notice of
5    pending forfeiture, the owner or interest holder shall
6    promptly notify the seizing agency of the change in address
7    or, if the owner or interest holder's address changes
8    subsequent to the effective date of the notice of pending
9    forfeiture, the owner or interest holder shall promptly
10    notify the State's Attorney of the change in address; or
11        (2) If the property seized is a conveyance, to the
12    address reflected in the office of the agency or official
13    in which title or interest to the conveyance is required by
14    law to be recorded, then by mailing a copy of the notice by
15    certified mail, return receipt requested, to that address;
16    or
17        (3) If the owner's or interest holder's address is not
18    known, and is not on record as provided in paragraph (2),
19    then by publication for 3 successive weeks in a newspaper
20    of general circulation in the county in which the seizure
21    occurred.
22    (B) (Blank). Notice served under this Act is effective upon
23personal service, the last date of publication, or the mailing
24of written notice, whichever is earlier.
25(Source: P.A. 86-1382; 87-614.)
 

 

 

10000HB0303sam001- 175 -LRB100 05313 SLF 27340 a

1    (725 ILCS 150/5)  (from Ch. 56 1/2, par. 1675)
2    Sec. 5. Notice to State's Attorney. The law enforcement
3agency seizing property for forfeiture under the Illinois
4Controlled Substances Act, the Cannabis Control Act, or the
5Methamphetamine Control and Community Protection Act, or the
6Illinois Food, Drug, and Cosmetic Act shall, as soon as
7practicable but not later than 28 days after the shall, within
852 days of seizure, notify the State's Attorney for the county
9in which an act or omission giving rise to the seizure
10forfeiture occurred or in which the property was seized of the
11seizure of the property and the facts and circumstances giving
12rise to the seizure and shall provide the State's Attorney with
13the inventory of the property and its estimated value. Said
14notice shall be by the delivery of the form 4-64. When the
15property seized for forfeiture is a vehicle, the law
16enforcement agency seizing the property shall immediately
17notify the Secretary of State that forfeiture proceedings are
18pending regarding such vehicle.
19(Source: P.A. 94-556, eff. 9-11-05.)
 
20    (725 ILCS 150/5.1 new)
21    Sec. 5.1. Replevin prohibited; return of personal property
22inside seized conveyance.
23    (a) Property seized under this Act shall not be subject to
24replevin, but is deemed to be in the custody of the Director of
25State Police subject only to the order and judgments of the

 

 

10000HB0303sam001- 176 -LRB100 05313 SLF 27340 a

1circuit court having jurisdiction over the forfeiture
2proceedings and the decisions of the State's Attorney.
3    (b) A claimant or a party interested in personal property
4contained within a seized conveyance may file a request with
5the State's Attorney in an administrative forfeiture action, or
6a motion with the court in a judicial forfeiture action, for
7the return of any personal property contained within a
8conveyance seized under this Act. The return of personal
9property shall not be unreasonably withheld if the personal
10property is not mechanically or electrically coupled to the
11conveyance, needed for evidentiary purposes, or otherwise
12contraband. A law enforcement agency that returns property
13under a court order under this Section shall not be liable to
14any person who claims ownership to the property if the property
15is returned to an improper party.
 
16    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
17    Sec. 6. Non-Judicial Forfeiture. If non-real property that
18exceeds $150,000 in value excluding the value of any
19conveyance, or if real property is seized under the provisions
20of the Illinois Controlled Substances Act, the Cannabis Control
21Act, or the Methamphetamine Control and Community Protection
22Act, the State's Attorney shall institute judicial in rem
23forfeiture proceedings as described in Section 9 of this Act
24within 45 days from receipt of notice of seizure from the
25seizing agency under Section 5 of this Act. However, if

 

 

10000HB0303sam001- 177 -LRB100 05313 SLF 27340 a

1non-real property that does not exceed $150,000 in value
2excluding the value of any conveyance is seized, the following
3procedure shall be used:
4    (A) If, after review of the facts surrounding the seizure,
5the State's Attorney is of the opinion that the seized property
6is subject to forfeiture, then within 45 days of the receipt of
7notice of seizure from the seizing agency, the State's Attorney
8shall cause notice of pending forfeiture to be given to the
9owner of the property and all known interest holders of the
10property in accordance with Section 4 of this Act.
11    (B) The notice of pending forfeiture must include a
12description of the property, the estimated value of the
13property, the date and place of seizure, the conduct giving
14rise to forfeiture or the violation of law alleged, and a
15summary of procedures and procedural rights applicable to the
16forfeiture action.
17    (C) (1) Any person claiming an interest in property which
18    is the subject of notice under subsection (A) of Section 6
19    of this Act, may, within 45 days after the effective date
20    of notice as described in Section 4 of this Act, file a
21    verified claim with the State's Attorney expressing his or
22    her interest in the property. The claim must set forth:
23            (i) the caption of the proceedings as set forth on
24        the notice of pending forfeiture and the name of the
25        claimant;
26            (ii) the address at which the claimant will accept

 

 

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1        mail;
2            (iii) the nature and extent of the claimant's
3        interest in the property;
4            (iv) the date, identity of the transferor, and
5        circumstances of the claimant's acquisition of the
6        interest in the property;
7            (v) the name and address of all other persons known
8        to have an interest in the property;
9            (vi) the specific provision of law relied on in
10        asserting the property is not subject to forfeiture;
11            (vii) all essential facts supporting each
12        assertion; and
13            (viii) the relief sought.
14        (2) If a claimant files the claim and deposits with the
15    State's Attorney a cost bond, in the form of a cashier's
16    check payable to the clerk of the court, in the sum of 10
17    percent of the reasonable value of the property as alleged
18    by the State's Attorney or the sum of $100, whichever is
19    greater, upon condition that, in the case of forfeiture,
20    the claimant must pay all costs and expenses of forfeiture
21    proceedings, then the State's Attorney shall institute
22    judicial in rem forfeiture proceedings and deposit the cost
23    bond with the clerk of the court as described in Section 9
24    of this Act within 30 45 days after receipt of the claim
25    and cost bond. In lieu of a cost bond, a person claiming
26    interest in the seized property may file, under penalty of

 

 

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1    perjury, an indigency affidavit.
2        (3) If none of the seized property is forfeited in the
3    judicial in rem proceeding, the clerk of the court shall
4    return to the claimant, unless the court orders otherwise,
5    90% of the sum which has been deposited and shall retain as
6    costs 10% of the money deposited. If any of the seized
7    property is forfeited under the judicial forfeiture
8    proceeding, the clerk of the court shall transfer 90% of
9    the sum which has been deposited to the State's Attorney
10    prosecuting the civil forfeiture to be applied to the costs
11    of prosecution and the clerk shall retain as costs 10% of
12    the sum deposited.
13    (D) If no claim is filed or bond given within the 45 day
14period as described in subsection (C) of Section 6 of this Act,
15the State's Attorney shall declare the property forfeited and
16shall promptly notify the owner and all known interest holders
17of the property and the Director of the Illinois Department of
18State Police of the declaration of forfeiture and the Director
19shall dispose of the property in accordance with law.
20(Source: P.A. 97-544, eff. 1-1-12.)
 
21    (725 ILCS 150/7)  (from Ch. 56 1/2, par. 1677)
22    Sec. 7. Presumptions and inferences.
23    (1) The following situation situations shall give rise to a
24presumption that the property described therein was furnished
25or intended to be furnished in exchange for a substance in

 

 

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1violation of the Illinois Controlled Substances Act, the
2Cannabis Control Act, or the Methamphetamine Control and
3Community Protection Act, or is the proceeds of such an
4exchange, and therefore forfeitable under this Act, such
5presumptions being rebuttable by a preponderance of the
6evidence:
7    (1) All moneys, coin, or currency found in close proximity
8to forfeitable substances, to forfeitable drug manufacturing
9or distributing paraphernalia, or to forfeitable records of the
10importation, manufacture or distribution of substances. ;
11    (2) In the following situation, the trier of fact may infer
12that the property described therein was furnished or intended
13to be furnished in exchange for a substance in violation of the
14Illinois Controlled Substances Act, the Cannabis Control Act,
15or the Methamphetamine Control and Community Protection Act, or
16is the proceeds of such an exchange, and therefore forfeitable
17under this Act:
18    (2) All property acquired or caused to be acquired by a
19person either between the dates of occurrence of two or more
20acts in felony violation of the Illinois Controlled Substances
21Act, the Cannabis Control Act, or the Methamphetamine Control
22and Community Protection Act, or an act committed in another
23state, territory or country which would be punishable as a
24felony under the Illinois Controlled Substances Act, the
25Cannabis Control Act, or the Methamphetamine Control and
26Community Protection Act, committed by that person within 5

 

 

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1years of each other, or all property acquired by such person
2within a reasonable amount of time after the commission of such
3acts if:
4        (a) At least one of the above acts was committed after
5    the effective date of this Act; and
6        (b) Both At least one of the acts are or were is or was
7    punishable as a Class X, Class 1, or Class 2 felony; and
8        (c) There was no likely source for such property other
9    than a violation of the above Acts.
10    (3) Presumptions and permissive inferences set forth in
11this Section shall apply to all portions of all phases of the
12judicial in rem forfeiture proceedings under this Act.
13(Source: P.A. 94-556, eff. 9-11-05.)
 
14    (725 ILCS 150/8)  (from Ch. 56 1/2, par. 1678)
15    Sec. 8. Exemptions from forfeiture.
16    (a) No vessel or watercraft, vehicle, or aircraft used by
17any person as a common carrier in the transaction of business
18as a common carrier may be forfeited under this Act unless the
19State proves by a preponderance of the evidence that:
20        (1) in the case of a railway car or engine, the owner,
21    or
22        (2) in the case of any other such vessel or watercraft,
23    vehicle or aircraft, the owner or the master of such vessel
24    or watercraft or the owner or conductor, driver, pilot, or
25    other person in charge of that vehicle or aircraft was at

 

 

10000HB0303sam001- 182 -LRB100 05313 SLF 27340 a

1    the time of the alleged illegal act a consenting party or
2    privy to that knowledge.
3    (b) No vessel or watercraft, vehicle, or aircraft shall be
4forfeited under this Act by reason of any act or omission
5committed or omitted by any person other than such owner while
6a vessel or watercraft, vehicle, or aircraft was unlawfully in
7the possession of a person who acquired possession in violation
8of the criminal laws of the United States, or of any state. A
9property interest is exempt from forfeiture under this Section
10if its owner or interest holder establishes by a preponderance
11of evidence that the owner or interest holder:
12    (A) (blank); and (i) in the case of personal property, is
13not legally accountable for the conduct giving rise to the
14forfeiture, did not acquiesce in it, and did not know and could
15not reasonably have known of the conduct or that the conduct
16was likely to occur, or
17    (ii) in the case of real property, is not legally
18accountable for the conduct giving rise to the forfeiture, or
19did not solicit, conspire, or attempt to commit the conduct
20giving rise to the forfeiture; and
21    (B) (blank); and had not acquired and did not stand to
22acquire substantial proceeds from the conduct giving rise to
23its forfeiture other than as an interest holder in an arms
24length commercial transaction; and
25    (C) (blank); and with respect to conveyances, did not hold
26the property jointly or in common with a person whose conduct

 

 

10000HB0303sam001- 183 -LRB100 05313 SLF 27340 a

1gave rise to the forfeiture; and
2    (D) (blank); and does not hold the property for the benefit
3of or as nominee for any person whose conduct gave rise to its
4forfeiture, and, if the owner or interest holder acquired the
5interest through any such person, the owner or interest holder
6acquired it as a bona fide purchaser for value without
7knowingly taking part in the conduct giving rise to the
8forfeiture; and
9    (E) (blank); and that the owner or interest holder acquired
10the interest:
11    (i) before the commencement of the conduct giving rise to
12its forfeiture and the person whose conduct gave rise to its
13forfeiture did not have the authority to convey the interest to
14a bona fide purchaser for value at the time of the conduct; or
15    (ii) after the commencement of the conduct giving rise to
16its forfeiture, and the owner or interest holder acquired the
17interest as a mortgagee, secured creditor, lienholder, or bona
18fide purchaser for value without knowledge of the conduct which
19gave rise to the forfeiture; and
20    (a) in the case of personal property, without knowledge of
21the seizure of the property for forfeiture; or
22    (b) in the case of real estate, before the filing in the
23office of the Recorder of Deeds of the county in which the real
24estate is located of a notice of seizure for forfeiture or a
25lis pendens notice.
26(Source: P.A. 86-1382.)
 

 

 

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1    (725 ILCS 150/9)  (from Ch. 56 1/2, par. 1679)
2    Sec. 9. Judicial in rem procedures. If property seized
3under the provisions of the Illinois Controlled Substances Act,
4the Cannabis Control Act, or the Methamphetamine Control and
5Community Protection Act is non-real property that exceeds
6$150,000 $20,000 in value excluding the value of any
7conveyance, or is real property, or a claimant has filed a
8claim and a cost bond under subsection (C) of Section 6 of this
9Act, the following judicial in rem procedures shall apply:
10    (A) If, after a review of the facts surrounding the
11seizure, the State's Attorney is of the opinion that the seized
12property is subject to forfeiture, then within 45 days of the
13receipt of notice of seizure by the seizing agency or the
14filing of the claim and cost bond, whichever is later, the
15State's Attorney shall institute judicial forfeiture
16proceedings by filing a verified complaint for forfeiture in
17the circuit court within whose jurisdiction the seizure
18occurred, or within whose jurisdiction an act or omission
19giving rise to the seizure occurred, subject to Supreme Court
20Rule 187 and, if the claimant has filed a claim and cost bond,
21by depositing the cost bond with the clerk of the court. The
22complaint of forfeiture shall be filed as soon as practicable,
23but not later than 28 days after the filing of a verified claim
24by a claimant if the property was acted upon under a
25non-judicial forfeiture action, or 28 days after the State's

 

 

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1Attorney receives notice from the seizing agency as provided
2under Section 5 of this Act, whichever occurs later. When
3authorized by law, a forfeiture must be ordered by a court on
4an action in rem brought by a State's Attorney under a verified
5complaint for forfeiture.
6    (A-5) If the State's Attorney finds that the alleged
7violation of law giving rise to the seizure was incurred
8without willful negligence or without any intention on the part
9of the owner of the property to violate the law or finds the
10existence of those mitigating circumstances to justify
11remission of the forfeiture, may cause the law enforcement
12agency having custody of the property to return the property to
13the owner within a reasonable time not to exceed 7 days. The
14State's Attorney shall exercise his or her discretion prior to
15or promptly after the preliminary review under Section 3.5 of
16this Act. Judicial in rem forfeiture proceedings under this Act
17shall be subject to the Code of Civil Procedure and the rules
18of evidence relating to civil actions.
19    (A-10) A complaint of forfeiture shall include:
20        (1) a description of the property seized;
21        (2) the date and place of seizure of the property;
22        (3) the name and address of the law enforcement agency
23    making the seizure; and
24        (4) the specific statutory and factual grounds for the
25    seizure.
26    The complaint shall be served upon the person from whom the

 

 

10000HB0303sam001- 186 -LRB100 05313 SLF 27340 a

1property was seized and all persons known or reasonably
2believed by the State to claim an interest in the property, as
3provided in Section 4 of this Act. The complaint shall be
4accompanied by the following written notice:
5    "This is a civil court proceeding subject to the Code of
6    Civil Procedure. You received this Complaint of Forfeiture
7    because the State's Attorney's office has brought a legal
8    action seeking forfeiture of your seized property. This
9    complaint starts the court process where the state seeks to
10    prove that your property should be forfeited and not
11    returned to you. This process is also your opportunity to
12    try to prove to a judge that you should get your property
13    back. The complaint lists the date, time, and location of
14    your first court date. You must appear in court on that
15    day, or you may lose the case automatically. You must also
16    file an appearance and answer. If you are unable to pay the
17    appearance fee, you may qualify to have the fee waived. If
18    there is a criminal case related to the seizure of your
19    property, your case may be set for trial after the criminal
20    case has been resolved. Before trial, the judge may allow
21    discovery, where the State can ask you to respond in
22    writing to questions and give them certain documents, and
23    you can make similar requests of the State. The trial is
24    your opportunity to explain what happened when your
25    property was seized and why you should get the property
26    back."

 

 

10000HB0303sam001- 187 -LRB100 05313 SLF 27340 a

1    (B) During the probable cause portion of the judicial in
2rem proceeding wherein the State presents its case-in-chief,
3the court must receive and consider, among other things, all
4relevant hearsay evidence and information. The laws of evidence
5relating to civil actions shall apply to all other proceedings
6under this Act except that the parties shall be allowed to use,
7and the court must receive and consider, all relevant hearsay
8evidence which relates to evidentiary foundation, chain of
9custody, business records, recordings, laboratory analysis,
10laboratory reports, and the use of technology in the
11investigation that resulted in the seizure of the property
12which is subject to this forfeiture action portions of the
13judicial in rem proceeding.
14    (C) Only an owner of or interest holder in the property may
15file an answer asserting a claim against the property in the
16action in rem. For purposes of this Section, the owner or
17interest holder shall be referred to as claimant. A person not
18named in the forfeiture complaint who claims to have an
19interest in the property may petition to intervene as a
20claimant under Section 2-408 of the Code of Civil Procedure.
21    (D) The answer must be signed by the owner or interest
22holder under penalty of perjury and must set forth:
23        (i) the caption of the proceedings as set forth on the
24    notice of pending forfeiture and the name of the claimant;
25        (ii) the address at which the claimant will accept
26    mail;

 

 

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1        (iii) the nature and extent of the claimant's interest
2    in the property;
3        (iv) the date, identity of transferor, and
4    circumstances of the claimant's acquisition of the
5    interest in the property;
6        (v) the name and address of all other persons known to
7    have an interest in the property;
8        (vi) the specific provisions of Section 8 of this Act
9    relied on in asserting it is exempt from not subject to
10    forfeiture, if applicable;
11        (vii) all essential facts supporting each assertion;
12    and
13        (viii) the precise relief sought; and .
14        (ix) in a forfeiture action involving currency or its
15    equivalent, a claimant shall provide the State with notice
16    of their intent to allege that the currency or its
17    equivalent is not related to the alleged factual basis for
18    the forfeiture, and why.
19    (E) The answer must be filed with the court within 45 days
20after service of the civil in rem complaint.
21    (F) The trial shall hearing must be held within 60 days
22after filing of the answer unless continued for good cause.
23    (G) The State, in its case in chief shall show the
24existence of probable cause for forfeiture of the property. If
25the State shows probable cause, the claimant has the burden of
26showing by a preponderance of the evidence the property is

 

 

10000HB0303sam001- 189 -LRB100 05313 SLF 27340 a

1subject to forfeiture; and at least one of the following: that
2the claimant's interest in the property is not subject to
3forfeiture.
4        (i) In the case of personal property, including
5    conveyances:
6            (a) that the claimant was legally accountable for
7        the conduct giving rise to the forfeiture;
8            (b) that the claimant knew or reasonably should
9        have known of the conduct giving rise to the
10        forfeiture;
11            (c) that the claimant knew or reasonably should
12        have known that the conduct giving rise to the
13        forfeiture was likely to occur;
14            (d) that the claimant held the property for the
15        benefit of, or as nominee for, any person whose conduct
16        gave rise to its forfeiture;
17            (e) that if the claimant acquired their interest
18        through any person engaging in any of the conduct
19        described above or conduct giving rise to the
20        forfeiture:
21                (1) the claimant did not acquire it as a bona
22            fide purchaser for value, or
23                (2) the claimant acquired the interest under
24            such circumstances that they reasonably should
25            have known the property was derived from, or used
26            in, the conduct giving rise to the forfeiture; or

 

 

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1            (f) that the claimant is not the true owner of the
2        property;
3            (g) that the claimant acquired the interest:
4                (1) before the commencement of the conduct
5            giving rise to the forfeiture and the person whose
6            conduct gave rise to the forfeiture did not have
7            authority to convey the interest to a bona fide
8            purchaser for value at the time of the conduct; or
9                (2) after the commencement of the conduct
10            giving rise to the forfeiture and the owner or
11            interest holder acquired the interest as a
12            mortgagee, secured creditor, lienholder, or bona
13            fide purchaser for value without knowledge of the
14            conduct which gave rise to the forfeiture, and
15            without the knowledge of the seizure of the
16            property for forfeiture.
17        (ii) In the case of real property:
18            (a) that the claimant was legally accountable for
19        the conduct giving rise to the forfeiture;
20            (b) that the claimant solicited, conspired, or
21        attempted to commit the conduct giving rise to the
22        forfeiture; or
23            (c) that the claimant had acquired or stood to
24        acquire substantial proceeds from the conduct giving
25        rise to its forfeiture other than as an interest holder
26        in an arm's length transaction;

 

 

10000HB0303sam001- 191 -LRB100 05313 SLF 27340 a

1            (d) that the claimant is not the true owner of the
2        property;
3            (e) that the claimant acquired the interest:
4                (1) before the commencement of the conduct
5            giving rise to the forfeiture and the person whose
6            conduct gave rise to the forfeiture did not have
7            authority to convey the interest to a bona fide
8            purchaser for value at the time of the conduct; or
9                (2) after the commencement of the conduct
10            giving rise to the forfeiture and the owner or
11            interest holder acquired the interest as a
12            mortgagee, secured creditor, lienholder, or bona
13            fide purchaser for value without knowledge of the
14            conduct which gave rise to the forfeiture, and
15            before the filing in the office of the recorder of
16            deeds of the county in which the real estate is
17            located a notice of seizure for forfeiture or a lis
18            pendens notice.
19    (G-5) If the property that is the subject of the forfeiture
20proceeding is currency or its equivalent, the State, in its
21case in chief, shall show by a preponderance of the evidence
22that the property is subject to forfeiture. If the State makes
23that showing, the claimant shall have the burden of production
24to set forth evidence that the currency or its equivalent is
25not related to the alleged factual basis of the forfeiture.
26After the production of evidence, the State shall maintain the

 

 

10000HB0303sam001- 192 -LRB100 05313 SLF 27340 a

1burden of proof to overcome this assertion.
2    (G-10) Notwithstanding any other provision of this
3Section, the State's burden of proof at the trial of the
4forfeiture action shall be by clear and convincing evidence if:
5        (1) a finding of not guilty is entered as to all counts
6    and all defendants in a criminal proceeding relating to the
7    conduct giving rise to the forfeiture action; or
8        (2) the State receives an adverse finding at a
9    preliminary hearing and fails to secure an indictment in a
10    criminal proceeding related to the factual allegations of
11    the forfeiture action.
12    (H) If the State does not meet its burden of proof show
13existence of probable cause or a claimant has established by a
14preponderance of evidence that the claimant has an interest
15that is exempt under Section 8 of this Act, the court shall
16order the interest in the property returned or conveyed to the
17claimant and shall order all other property as to which the
18State does meet its burden of proof forfeited to the State. If
19the State does meet its burden of proof show existence of
20probable cause and the claimant does not establish by a
21preponderance of evidence that the claimant has an interest
22that is exempt under Section 8 of this Act, the court shall
23order all property forfeited to the State.
24    (I) A defendant convicted in any criminal proceeding is
25precluded from later denying the essential allegations of the
26criminal offense of which the defendant was convicted in any

 

 

10000HB0303sam001- 193 -LRB100 05313 SLF 27340 a

1proceeding under this Act regardless of the pendency of an
2appeal from that conviction. However, evidence of the pendency
3of an appeal is admissible.
4    (J) An acquittal or dismissal in a criminal proceeding
5shall not preclude civil proceedings under this Act; however,
6for good cause shown, on a motion by the State's Attorney, the
7court may stay civil forfeiture proceedings during the criminal
8trial for a related criminal indictment or information alleging
9a violation of the Illinois Controlled Substances Act, the
10Cannabis Control Act, or the Methamphetamine Control and
11Community Protection Act. Such a stay shall not be available
12pending an appeal. Property subject to forfeiture under the
13Illinois Controlled Substances Act, the Cannabis Control Act,
14or the Methamphetamine Control and Community Protection Act
15shall not be subject to return or release by a court exercising
16jurisdiction over a criminal case involving the seizure of such
17property unless such return or release is consented to by the
18State's Attorney.
19    (K) Title to all All property declared forfeited under this
20Act vests in this State on the commission of the conduct giving
21rise to forfeiture together with the proceeds of the property
22after that time. Except as otherwise provided in this Act, any
23Any such property or proceeds subsequently transferred to any
24person remain subject to forfeiture unless a person to whom the
25property was transferred makes an appropriate claim under this
26Act and has their claim adjudicated in the judicial in rem

 

 

10000HB0303sam001- 194 -LRB100 05313 SLF 27340 a

1proceeding and thereafter shall be ordered forfeited unless the
2transferee claims and establishes in a hearing under the
3provisions of this Act that the transferee's interest is exempt
4under Section 8 of this Act.
5    (L) A civil action under this Act must be commenced within
65 years after the last conduct giving rise to forfeiture became
7known or should have become known or 5 years after the
8forfeitable property is discovered, whichever is later,
9excluding any time during which either the property or claimant
10is out of the State or in confinement or during which criminal
11proceedings relating to the same conduct are in progress.
12    (M) No property shall be forfeited under this Act from a
13person who, without actual or constructive notice that the
14property was the subject of forfeiture proceedings, obtained
15possession of the property as a bona fide purchaser for value.
16A person who purports to transfer property after receiving
17actual or constructive notice that the property is subject to
18seizure or forfeiture is guilty of contempt of court and shall
19be liable to the State for a penalty in the amount of the fair
20market value of the property.
21    (N) If property is ordered forfeited under this Act from a
22claimant who held title to the property in joint tenancy or
23tenancy in common with another claimant, the court shall
24determine the amount of each owner's interest in the property
25according to principles of property law.
26(Source: P.A. 94-556, eff. 9-11-05.)
 

 

 

10000HB0303sam001- 195 -LRB100 05313 SLF 27340 a

1    (725 ILCS 150/9.1 new)
2    Sec. 9.1. Innocent owner hearing.
3    (a) After a complaint for forfeiture is filed and all
4claimants have appeared and answered, a claimant may file a
5motion with the court for an innocent owner hearing prior to
6trial. This motion shall be made and supported by sworn
7affidavit and shall assert the following along with specific
8facts which support each assertion:
9        (1) that the claimant filing the motion is the true
10    owner of the conveyance as interpreted by case law;
11        (2) that the claimant was not legally accountable for
12    the conduct giving rise to the forfeiture or acquiesced in
13    the conduct;
14        (3) that the claimant did not solicit, conspire, or
15    attempt to commit the conduct giving rise to the
16    forfeiture;
17        (4) that the claimant did not know or did they have
18    reason to know that the conduct giving rise to the
19    forfeiture was likely to occur; and
20        (5) that the claimant did not hold the property for the
21    benefit of, or as nominee for any person whose conduct gave
22    rise to its forfeiture, or if the owner or interest holder
23    acquired the interest through any such person, the owner or
24    interest holder did not acquire it as a bona fide purchaser
25    for value, or acquired the interest without knowledge of

 

 

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1    the seizure of the property for forfeiture.
2    (b) The claimant's motion shall include specific facts
3supporting these assertions.
4    (c) Upon this filing, a hearing may only be held after the
5parties have been given the opportunity to conduct limited
6discovery as to the ownership and control of the property, the
7claimant's knowledge, or any matter relevant to the issues
8raised or facts alleged in the claimant's motion. Discovery
9shall be limited to the People's requests in these areas but
10may proceed by any means allowed in the Code of Civil
11Procedure.
12    (d) After discovery is complete and the court has allowed
13for sufficient time to review and investigate the discovery
14responses, the court shall conduct a hearing. At the hearing,
15the fact that the property is subject to forfeiture shall not
16be at issue. The court shall only hear evidence relating to the
17issue of innocent ownership.
18    (e) At the hearing on the motion, the claimant shall bear
19the burden of proving by a preponderance of the evidence each
20of the assertions set forth in subsection (a) of this Section.
21    (f) If a claimant meets their burden of proof, the court
22shall grant the motion and order the property returned to the
23claimant. If the claimant fails to meet their burden of proof,
24then the court shall deny the motion and the forfeiture case
25shall proceed according to the Rules of Civil Procedure.
 

 

 

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1    (725 ILCS 150/9.5 new)
2    Sec. 9.5. Proportionality. Property forfeited under this
3Act shall be subject to an 8th Amendment to the United States
4Constitution disproportionate penalties analysis and the
5property forfeiture may be denied in whole or in part if the
6court finds that the forfeiture would constitute an excessive
7fine in violation of the 8th Amendment to the United States
8Constitution, as interpreted by case law.
 
9    (725 ILCS 150/11)  (from Ch. 56 1/2, par. 1681)
10    Sec. 11. Settlement of Claims. Notwithstanding other
11provisions of this Act, the State's Attorney and a claimant of
12seized property may enter into an agreed-upon settlement
13concerning the seized property in such an amount and upon such
14terms as are set out in writing in a settlement agreement. All
15proceeds from a settlement agreement shall be tendered to the
16Department of State Police and distributed in accordance with
17the provisions of Section 17 of this Act.
18(Source: P.A. 86-1382.)
 
19    (725 ILCS 150/14)  (from Ch. 56 1/2, par. 1684)
20    Sec. 14. Judicial Review. If property has been declared
21forfeited under Section 6 of this Act, any person who has an
22interest in the property declared forfeited may, within 30 days
23of the effective date of the notice of the declaration of
24forfeiture, file a claim and cost bond as described in

 

 

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1subsection (C) of Section 6 of this Act. If a claim and cost
2bond is filed under this Section, then the procedures described
3in Section 9 of this Act shall apply.
4(Source: P.A. 87-614.)
 
5    (725 ILCS 150/15 new)
6    Sec. 15. Return of property, damages, and costs.
7    (a) The law enforcement agency that holds custody of
8property seized for forfeiture shall deliver property ordered
9by the court to be returned or conveyed to the claimant within
10a reasonable time not to exceed 7 days, unless the order is
11stayed by the trial court or a reviewing court pending an
12appeal, motion to reconsider, or other reason.
13    (b) The law enforcement agency that holds custody of
14property described in subsection (a) of this Section is
15responsible for any damages, storage fees, and related costs
16applicable to property returned. The claimant shall not be
17subject to any charges by the State for storage of the property
18or expenses incurred in the preservation of the property.
19Charges for the towing of a conveyance shall be borne by the
20claimant unless the conveyance was towed for the sole reason of
21seizure for forfeiture. This Section does not prohibit the
22imposition of any fees or costs by a home rule unit of local
23government related to the impoundment of a conveyance pursuant
24to an ordinance enacted by the unit of government.
25    (c) A law enforcement agency shall not retain forfeited

 

 

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1property for its own use or transfer the property to any person
2or entity, except as provided under this Section. A law
3enforcement agency may apply in writing to the Director of
4State Police to request that a forfeited property be awarded to
5the agency for a specifically articulated official law
6enforcement use in an investigation. The Director of State
7Police shall provide a written justification in each instance
8detailing the reasons why the forfeited property was placed
9into official use and the justification shall be retained for a
10period of not less than 3 years.
 
11    (725 ILCS 150/17 new)
12    Sec. 17. Distribution of proceeds; selling or retaining
13seized property prohibited.
14    (a) Except as otherwise provided in this Section, the court
15shall order that property forfeited under this Act be delivered
16to the Department of State Police within 60 days.
17    (b) All monies and the sale proceeds of all other property
18forfeited and seized under this Act shall be distributed as
19follows:
20    (1)(i) 65% shall be distributed to the metropolitan
21enforcement group, local, municipal, county, or state law
22enforcement agency or agencies which conducted or participated
23in the investigation resulting in the forfeiture. The
24distribution shall bear a reasonable relationship to the degree
25of direct participation of the law enforcement agency in the

 

 

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1effort resulting in the forfeiture, taking into account the
2total value of the property forfeited and the total law
3enforcement effort with respect to the violation of the law
4upon which the forfeiture is based. Amounts distributed to the
5agency or agencies shall be used for the enforcement of laws
6governing cannabis and controlled substances; for public
7education in the community or schools in the prevention or
8detection of the abuse of drugs or alcohol; or for security
9cameras used for the prevention or detection of violence,
10except that amounts distributed to the Secretary of State shall
11be deposited into the Secretary of State Evidence Fund to be
12used as provided in Section 2-115 of the Illinois Vehicle Code.
13    (ii) Any local, municipal, or county law enforcement agency
14entitled to receive a monetary distribution of forfeiture
15proceeds may share those forfeiture proceeds pursuant to the
16terms of an intergovernmental agreement with a municipality
17that has a population in excess of 20,000 if:
18        (A) the receiving agency has entered into an
19    intergovernmental agreement with the municipality to
20    provide police services;
21        (B) the intergovernmental agreement for police
22    services provides for consideration in an amount of not
23    less than $1,000,000 per year;
24        (C) the seizure took place within the geographical
25    limits of the municipality; and
26        (D) the funds are used only for the enforcement of laws

 

 

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1    governing cannabis and controlled substances; for public
2    education in the community or schools in the prevention or
3    detection of the abuse of drugs or alcohol; or for security
4    cameras used for the prevention or detection of violence or
5    the establishment of a municipal police force, including
6    the training of officers, construction of a police station,
7    or the purchase of law enforcement equipment or vehicles.
8    (2)(i) 12.5% shall be distributed to the Office of the
9State's Attorney of the county in which the prosecution
10resulting in the forfeiture was instituted, deposited in a
11special fund in the county treasury and appropriated to the
12State's Attorney for use in the enforcement of laws governing
13cannabis and controlled substances; for public education in the
14community or schools in the prevention or detection of the
15abuse of drugs or alcohol; or at the discretion of the State's
16Attorney, in addition to other authorized purposes, to make
17grants to local substance abuse treatment facilities and
18half-way houses. In counties over 3,000,000 population, 25%
19shall be distributed to the Office of the State's Attorney for
20use in the enforcement of laws governing cannabis and
21controlled substances; for public education in the community or
22schools in the prevention or detection of the abuse of drugs or
23alcohol; or at the discretion of the State's Attorney, in
24addition to other authorized purposes, to make grants to local
25substance abuse treatment facilities and half-way houses. If
26the prosecution is undertaken solely by the Attorney General,

 

 

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