SB0564 EngrossedLRB100 04874 RLC 14884 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Seizure and Forfeiture Reporting Act is
5amended by changing Sections 10 and 15 and by adding Section 20
6as follows:
 
7    (5 ILCS 810/10)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 10. Reporting by law enforcement agency.
11    (a) Each law enforcement agency that seizes property
12subject to reporting under this Act shall report the following
13information about property seized or forfeited under State law:
14        (1) the name of the law enforcement agency that seized
15    the property;
16        (2) the date of the seizure;
17        (3) the type of property seized, including a building,
18    vehicle, boat, cash, negotiable security, or firearm,
19    except reporting is not required for seizures of contraband
20    including alcohol, gambling devices, drug paraphernalia,
21    and controlled substances;
22        (4) a description of the property seized and the
23    estimated value of the property and if the property is a

 

 

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1    conveyance, the description shall include the make, model,
2    year, and vehicle identification number or serial number;
3    and
4        (5) the location where the seizure occurred.
5    The filing requirement shall be met upon filing Illinois
6State Police Notice/Inventory of Seized Property (Form 4-64)
7the form 4-64 with the State's Attorney's Office in the county
8where the forfeiture action is being commenced or with the
9Attorney General's Office if the forfeiture action is being
10commenced by that office, and the forwarding of Form the form
114-64 upon approval of the State's Attorney's Office or the
12Attorney General's Office to the Department of State Police
13Asset Forfeiture Section. With regard to seizures for which
14Form form 4-64 is not required to be filed, the filing
15requirement shall be met by the filing of an annual summary
16report with the Department of State Police no later than 60
17days after December 31 of that year.
18    (b) Each law enforcement agency, including a drug task
19force or Metropolitan Enforcement Group (MEG) unit, that
20receives proceeds from forfeitures subject to reporting under
21this Act shall file an annual report with the Department of
22State Police no later than 60 days after December 31 of that
23year. The format of the report shall be developed by the
24Department of State Police and shall be completed by the law
25enforcement agency. The report shall include, at a minimum, the
26amount of funds and other property distributed to the law

 

 

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1enforcement agency by the Department of State Police, the
2amount of funds expended by the law enforcement agency, and the
3category of expenditure, including:
4        (1) crime, gang, or abuse prevention or intervention
5    programs;
6        (2) compensation or services for crime victims;
7        (3) witness protection, informant fees, and controlled
8    purchases of contraband;
9        (4) salaries, overtime, and benefits, as permitted by
10    law;
11        (5) operating expenses, including but not limited to,
12    capital expenditures for vehicles, firearms, equipment,
13    computers, furniture, office supplies, postage, printing,
14    membership fees paid to trade associations, and fees for
15    professional services including auditing, court reporting,
16    expert witnesses, and attorneys;
17        (6) travel, meals, entertainment, conferences,
18    training, and continuing education seminars; and
19        (7) other expenditures of forfeiture proceeds.
20    (c) The Department of State Police shall establish and
21maintain on its official website a public database that
22includes annual aggregate data for each law enforcement agency
23that reports seizures of property under subsection (a) of this
24Section, that receives distributions of forfeiture proceeds
25subject to reporting under this Act, or reports expenditures
26under subsection (b) of this Section. This aggregate data shall

 

 

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1include, for each law enforcement agency:
2        (1) the total number of asset seizures reported by each
3    law enforcement agency during the calendar year;
4        (2) the monetary value of all currency or its
5    equivalent seized by the law enforcement agency during the
6    calendar year;
7        (3) the number of conveyances seized by the law
8    enforcement agency during the calendar year, and the
9    aggregate estimated value;
10        (4) the aggregate estimated value of all other property
11    seized by the law enforcement agency during the calendar
12    year;
13        (5) the monetary value of distributions by the
14    Department of State Police of forfeited currency or auction
15    proceeds from forfeited property to the law enforcement
16    agency during the calendar year; and
17        (6) the total amount of the law enforcement agency's
18    expenditures of forfeiture proceeds during the calendar
19    year, categorized as provided under subsection (b) of this
20    Section.
21    The database shall not provide names, addresses, phone
22numbers, or other personally identifying information of owners
23or interest holders, persons, business entities, covert office
24locations, or business entities involved in the forfeiture
25action and shall not disclose the vehicle identification number
26or serial number of any conveyance.

 

 

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1    (d) The Department of State Police shall adopt rules to
2administer the asset forfeiture program, including the
3categories of authorized expenditures consistent with the
4statutory guidelines for each of the included forfeiture
5statutes, the use of forfeited funds, other expenditure
6requirements, and the reporting of seizure and forfeiture
7information. The Department may adopt rules necessary to
8implement this Act through the use of emergency rulemaking
9under Section 5-45 of the Illinois Administrative Procedure Act
10for a period not to exceed 180 days after the effective date of
11this Act.
12    (e) The Department of State Police shall have authority and
13oversight over all law enforcement agencies receiving
14forfeited funds from the Department. This authority shall
15include enforcement of rules and regulations adopted by the
16Department and sanctions for violations of any rules and
17regulations, including the withholding of distributions of
18forfeiture proceeds from the law enforcement agency in
19violation.
20    (f) Upon application by a law enforcement agency to the
21Department of State Police, the reporting of a particular asset
22forfeited under this Section may be delayed if the asset in
23question was seized from a person who has become a confidential
24informant under the agency's confidential informant policy, or
25if the asset was seized as part of an ongoing investigation.
26This delayed reporting shall be granted by the Department of

 

 

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1State Police for a maximum period of 6 months if the
2confidential informant is still providing cooperation to law
3enforcement or the investigation is still ongoing, after which
4and at that time the asset shall be reported as required under
5this Act.
6    (g) The Department of State Police shall, on or before
7January 1, 2019, establish and implement the requirements of
8this Act. In order to implement the reporting and public
9database requirements under this Act, the Department of State
10Police Asset Forfeiture Section requires a one-time upgrade of
11its information technology software and hardware. This
12one-time upgrade shall be funded by a temporary allocation of
135% of all forfeited currency and 5% of the auction proceeds
14from each forfeited asset, which are to be distributed after
15the effective date of this Act. The Department of State Police
16shall transfer these funds at the time of distribution to a
17separate fund established by the Department of State Police.
18Moneys Monies deposited in this fund shall be accounted for and
19shall be used only to pay for the actual one-time cost of
20purchasing and installing the hardware and software required to
21comply with this new reporting and public database requirement.
22Moneys Monies deposited in the fund shall not be subject to
23reappropriation re-appropriation, reallocation, or
24redistribution for any other purpose. After sufficient funds
25are transferred to the fund to cover the actual one-time cost
26of purchasing and installing the hardware and software required

 

 

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1to comply with this new reporting and public database
2requirement, no additional funds shall be transferred to the
3fund for any purpose. At the completion of the one-time upgrade
4of the information technology hardware and software to comply
5with this new reporting and public database requirement, any
6remaining funds in the fund shall be returned to the
7participating agencies under the distribution requirements of
8the statutes from which the funds were transferred, and the
9fund shall no longer exist.
10    (h)(1) The Department of State Police, in consultation with
11and subject to the approval of the Chief Procurement Officer,
12may procure a single contract or multiple contracts to
13implement the provisions of this Act.
14    (2) A contract or contracts under this subsection (h) are
15not subject to the Illinois Procurement Code, except for
16Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
17Code, provided that the Chief Procurement Officer may, in
18writing with justification, waive any certification required
19under Article 50 of the Illinois Procurement Code. The
20provisions of this paragraph (2), other than this sentence, are
21inoperative on and after July 1, 2019.
22(Source: P.A. 100-512, eff. 7-1-18.)
 
23    (5 ILCS 810/15)
24    (This Section may contain text from a Public Act with a
25delayed effective date)

 

 

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1    Sec. 15. Fund audits.
2    (a) The Auditor General shall conduct, as a part of its
32-year 2 year compliance audit, an audit of the State Asset
4Forfeiture Fund for compliance with the requirements of this
5Act. The audit shall include, but not be limited to, the
6following determinations:
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 2-year two year
19compliance audit of the Department of State Police and
20distribute the report upon completion under Section 3-14 of the
21Illinois State Auditing Act.
22(Source: P.A. 100-512, eff. 7-1-18.)
 
23    (5 ILCS 810/20 new)
24    Sec. 20. Applicability. This Act and the changes made to
25this Act by this amendatory Act of the 100th General Assembly

 

 

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1only apply to property seized on and after July 1, 2018.
 
2    Section 10. The Department of State Police Law of the Civil
3Administrative Code of Illinois is amended by changing Section
42605-585 as follows:
 
5    (20 ILCS 2605/2605-585)
6    Sec. 2605-585. Money Laundering Asset Recovery Fund.
7Moneys and the sale proceeds distributed to the Department of
8State Police under paragraph (3) of Section 29B-26 pursuant to
9clause (h)(6)(C) of Section 29B-1 of the Criminal Code of 1961
10or the Criminal Code of 2012 shall be deposited in a special
11fund in the State treasury to be known as the Money Laundering
12Asset Recovery Fund. The moneys deposited in the Money
13Laundering Asset Recovery Fund shall be appropriated to and
14administered by the Department of State Police for State law
15enforcement purposes.
16(Source: P.A. 96-1234, eff. 7-23-10; 97-1150, eff. 1-25-13.)
 
17    Section 15. The Illinois Food, Drug and Cosmetic Act is
18amended by changing Section 3.23 as follows:
 
19    (410 ILCS 620/3.23)
20    (Text of Section before amendment by P.A. 100-512)
21    Sec. 3.23. Legend drug prohibition.
22    (a) In this Section:

 

 

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1    "Legend drug" means a drug limited by the Federal Food,
2Drug and Cosmetic Act to being dispensed by or upon a medical
3practitioner's prescription because the drug is:
4        (1) habit forming;
5        (2) toxic or having potential for harm; or
6        (3) limited in use by the new drug application for the
7    drug to use only under a medical practitioner's
8    supervision.
9    "Medical practitioner" means any person licensed to
10practice medicine in all its branches in the State.
11    "Deliver" or "delivery" means the actual, constructive, or
12attempted transfer of possession of a legend drug, with or
13without consideration, whether or not there is an agency
14relationship.
15    "Manufacture" means the production, preparation,
16propagation, compounding, conversion, or processing of a
17legend drug, either directly or indirectly, by extraction from
18substances of natural origin, or independently by means of
19chemical synthesis, or by a combination of extraction and
20chemical synthesis, and includes any packaging or repackaging
21of the substance or labeling of its container. "Manufacture"
22does not include:
23        (1) by an ultimate user, the preparation or compounding
24    of a legend drug for his own use; or
25        (2) by a medical practitioner, or his authorized agent
26    under his supervision, the preparation, compounding,

 

 

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1    packaging, or labeling of a legend drug:
2            (A) as an incident to his administering or
3        dispensing of a legend drug in the course of his
4        professional practice; or
5            (B) as an incident to lawful research, teaching, or
6        chemical analysis and not for sale.
7    "Prescription" has the same meaning ascribed to it in
8Section 3 of the Pharmacy Practice Act.
9    (b) It is unlawful for any person to knowingly manufacture
10or deliver or possess with the intent to manufacture or deliver
11a legend drug of 6 or more pills, tablets, capsules, or caplets
12or 30 ml or more of a legend drug in liquid form who is not
13licensed by applicable law to prescribe or dispense legend
14drugs or is not an employee of the licensee operating in the
15normal course of business under the supervision of the
16licensee. Any person who violates this Section is guilty of a
17Class 3 felony, the fine for which shall not exceed $100,000. A
18person convicted of a second or subsequent violation of this
19Section is guilty of a Class 1 felony, the fine for which shall
20not exceed $250,000.
21    (c) The following are subject to forfeiture:
22        (1) all substances that have been manufactured,
23    distributed, dispensed, or possessed in violation of this
24    Act;
25        (2) all raw materials, products, and equipment of any
26    kind which are used, or intended for use in manufacturing,

 

 

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

 

 

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

 

 

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1    proceeding based upon this Act or the Drug Asset Forfeiture
2    Procedure Act;
3        (3) if there is probable cause to believe that the
4    property is directly or indirectly dangerous to health or
5    safety;
6        (4) if there is probable cause to believe that the
7    property is subject to forfeiture under this Act and the
8    property is seized under circumstances in which a
9    warrantless seizure or arrest would be reasonable; or
10        (5) in accordance with the Code of Criminal Procedure
11    of 1963.
12    (e) In the event of seizure pursuant to subsection (c) of
13this Section, forfeiture proceedings shall be instituted in
14accordance with the Drug Asset Forfeiture Procedure Act.
15    (f) Property taken or detained under this Section shall not
16be subject to replevin, but is deemed to be in the custody of
17the Director of the Department of State Police subject only to
18the order and judgments of the circuit court having
19jurisdiction over the forfeiture proceedings and the decisions
20of the State's Attorney under the Drug Asset Forfeiture
21Procedure Act. If property is seized under this Act, then the
22seizing agency shall promptly conduct an inventory of the
23seized property and estimate the property's value, and shall
24forward a copy of the inventory of seized property and the
25estimate of the property's value to the Director of the
26Department of State Police. Upon receiving notice of seizure,

 

 

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1the Secretary may:
2        (1) place the property under seal;
3        (2) remove the property to a place designated by the
4    Secretary;
5        (3) keep the property in the possession of the seizing
6    agency;
7        (4) remove the property to a storage area for
8    safekeeping or, if the property is a negotiable instrument
9    or money and is not needed for evidentiary purposes,
10    deposit it in an interest bearing account;
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    Director of the Department of State Police.
20    (g) If the Department suspends or revokes a registration,
21all legend drugs owned or possessed by the registrant at the
22time of suspension or the effective date of the revocation
23order may be placed under seal. No disposition may be made of
24substances under seal until the time for taking an appeal has
25elapsed or until all appeals have been concluded unless a
26court, upon application therefor, orders the sale of perishable

 

 

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1substances and the deposit of the proceeds of the sale with the
2court. Upon a revocation rule becoming final, all substances
3may be forfeited to the Department.
4    (h) If property is forfeited under this Act, then the
5Director of the Department of State Police must sell all such
6property unless such property is required by law to be
7destroyed or is harmful to the public, and shall distribute the
8proceeds of the sale, together with any moneys forfeited or
9seized, in accordance with subsection (i) of this Section. Upon
10the application of the seizing agency or prosecutor who was
11responsible for the investigation, arrest or arrests, and
12prosecution that led to the forfeiture, the Director of the
13Department of State Police may return any item of forfeited
14property to the seizing agency or prosecutor for official use
15in the enforcement of laws if the agency or prosecutor can
16demonstrate that the item requested would be useful to the
17agency or prosecutor in their enforcement efforts. If any
18forfeited conveyance, including an aircraft, vehicle, or
19vessel, is returned to the seizing agency or prosecutor, then
20the conveyance may be used immediately in the enforcement of
21the criminal laws of the State. Upon disposal, all proceeds
22from the sale of the conveyance must be used for drug
23enforcement purposes. If any real property returned to the
24seizing agency is sold by the agency or its unit of government,
25then the proceeds of the sale shall be delivered to the
26Director of the Department of State Police and distributed in

 

 

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1accordance with subsection (i) of this Section.
2    (i) All moneys and the sale proceeds of all other property
3forfeited and seized under this Act shall be distributed as
4follows:
5        (1) 65% shall be distributed to the metropolitan
6    enforcement group, local, municipal, county, or State law
7    enforcement agency or agencies which conducted or
8    participated in the investigation resulting in the
9    forfeiture. The distribution shall bear a reasonable
10    relationship to the degree of direct participation of the
11    law enforcement agency in the effort resulting in the
12    forfeiture, taking into account the total value of the
13    property forfeited and the total law enforcement effort
14    with respect to the violation of the law upon which the
15    forfeiture is based. Amounts distributed to the agency or
16    agencies shall be used for the enforcement of laws.
17        (2) 12.5% shall be distributed to the Office of the
18    State's Attorney of the county in which the prosecution
19    resulting in the forfeiture was instituted, deposited in a
20    special fund in the county treasury and appropriated to the
21    State's Attorney for use in the enforcement of laws. In
22    counties over 3,000,000 population, 25% will be
23    distributed to the Office of the State's Attorney for use
24    in the enforcement of laws governing cannabis and
25    controlled substances. If the prosecution is undertaken
26    solely by the Attorney General, the portion provided

 

 

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1    hereunder shall be distributed to the Attorney General for
2    use in the enforcement of laws.
3        (3) 12.5% shall be distributed to the Office of the
4    State's Attorneys Appellate Prosecutor and deposited in a
5    separate fund of that office to be used for additional
6    expenses incurred in the investigation, prosecution and
7    appeal of cases. The Office of the State's Attorneys
8    Appellate Prosecutor shall not receive distribution from
9    cases brought in counties with over 3,000,000 population.
10        (4) 10% shall be retained by the Department of State
11    Police for expenses related to the administration and sale
12    of seized and forfeited property.
13(Source: P.A. 96-573, eff. 8-18-09.)
 
14    (Text of Section after amendment by P.A. 100-512)
15    Sec. 3.23. Legend drug prohibition.
16    (a) In this Section:
17    "Legend drug" means a drug limited by the Federal Food,
18Drug and Cosmetic Act to being dispensed by or upon a medical
19practitioner's prescription because the drug is:
20        (1) habit forming;
21        (2) toxic or having potential for harm; or
22        (3) limited in use by the new drug application for the
23    drug to use only under a medical practitioner's
24    supervision.
25    "Medical practitioner" means any person licensed to

 

 

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

 

 

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1or deliver or possess with the intent to manufacture or deliver
2a legend drug of 6 or more pills, tablets, capsules, or caplets
3or 30 ml or more of a legend drug in liquid form who is not
4licensed by applicable law to prescribe or dispense legend
5drugs or is not an employee of the licensee operating in the
6normal course of business under the supervision of the
7licensee. Any person who violates this Section is guilty of a
8Class 3 felony, the fine for which shall not exceed $100,000. A
9person convicted of a second or subsequent violation of this
10Section is guilty of a Class 1 felony, the fine for which shall
11not exceed $250,000.
12    (c) The following are subject to forfeiture:
13        (1) (blank);
14        (2) all raw materials, products, and equipment of any
15    kind which are used, or intended for use in manufacturing,
16    distributing, dispensing, administering, or possessing any
17    substance in violation of this Section;
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    manufactured, distributed, dispensed, or possessed in
23    violation of this Section or property described in
24    paragraph (2) of this subsection (c), but:
25            (A) no conveyance used by any person as a common
26        carrier in the transaction of business as a common

 

 

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1        carrier is subject to forfeiture under this Section
2        unless it appears that the owner or other person in
3        charge of the conveyance is a consenting party or privy
4        to the violation;
5            (B) no conveyance is subject to forfeiture under
6        this Section by reason of any act or omission which the
7        owner proves to have been committed or omitted without
8        his knowledge or consent; and
9            (C) a forfeiture of a conveyance encumbered by a
10        bona fide security interest is subject to the interest
11        of the secured party if he neither had knowledge of nor
12        consented to the act or omission;
13        (4) all money, things of value, books, records, and
14    research products and materials including formulas,
15    microfilm, tapes, and data that are used, or intended to be
16    used in violation of this Section;
17        (5) everything of value furnished, or intended to be
18    furnished, in exchange for a substance in violation of this
19    Section, all proceeds traceable to such an exchange, and
20    all moneys, negotiable instruments, and securities used,
21    or intended to be used, to commit or in any manner to
22    facilitate any violation of this Section; and
23        (6) all real property, including any right, title, and
24    interest, including, but not limited to, any leasehold
25    interest or the beneficial interest in a land trust, in the
26    whole of any lot or tract of land and any appurtenances or

 

 

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1    improvements, which is used or intended to be used, in any
2    manner or part, to commit, or in any manner to facilitate
3    the commission of, any violation or act that constitutes a
4    violation of this Section or that is the proceeds of any
5    violation or act that constitutes a violation of this
6    Section.
7    (d) Property subject to forfeiture under this Act may be
8seized under the Drug Asset Forfeiture Procedure Act. In the
9event of seizure, forfeiture proceedings shall be instituted
10under the Drug Asset Forfeiture Procedure Act.
11    (e) Forfeiture under this Act is subject to an 8th
12Amendment amendment to the United States Constitution
13disproportionate penalties analysis as provided under Section
149.5 of the Drug Asset Forfeiture Procedure Act.
15    (f) With regard to possession of legend drug offenses only,
16a sum of currency with a value of less than $500 shall not be
17subject to forfeiture under this Act. For all other offenses
18under this Act, a sum of currency with a value of less than
19currency with a value of under $100 shall not be subject to
20forfeiture under this Act. In seizures of currency in excess of
21these amounts, this Section shall not create an exemption for
22these amounts.
23    (f-5) For felony offenses involving possession of legend
24drug only, no property shall be subject to forfeiture under
25this Act because of the possession of less than 2 single unit
26doses of a legend drug controlled substance. This exemption

 

 

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1shall not apply in instances when the possessor, or another
2person at the direction of the possessor, is engaged in the
3destruction of any amount of a legend drug. The amount of a
4single unit dose shall be the State's burden to prove in its
5their case in chief.
6    (g) If the Department suspends or revokes a registration,
7all legend drugs owned or possessed by the registrant at the
8time of suspension or the effective date of the revocation
9order may be placed under seal. No disposition may be made of
10substances 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. Upon a revocation rule becoming final, all substances
15are subject to seizure and forfeiture under the Drug Asset
16Forfeiture Procedure Act.
17    (h) (Blank).
18    (i) (Blank).
19    (j) Contraband, including legend drugs possessed without a
20prescription or other authorization under State or federal law,
21is not subject to forfeiture. No property right exists in
22contraband. Contraband is subject to seizure and shall be
23disposed of according to State law.
24    (k) The changes made to this Section by Public Act 100-0512
25and this amendatory Act of the 100th General Assembly only
26apply to property seized on and after July 1, 2018.

 

 

SB0564 Engrossed- 24 -LRB100 04874 RLC 14884 b

1(Source: P.A. 100-512, eff. 7-1-18.)
 
2    Section 20. The Criminal Code of 2012 is amended by
3changing Sections 17-10.6, 29B-1, 33G-6, 36-1.1, 36-1.3,
436-1.4, 36-1.5, 36-2, 36-2.1, 36-2.2, 36-2.5, 36-2.7, and 36-7
5and by adding Sections 29B-0.5, 29B-2, 29B-3, 29B-4, 29B-5,
629B-6, 29B-7, 29B-8, 29B-9, 29B-10, 29B-11, 29B-12, 29B-13,
729B-14, 29B-15, 29B-16, 29B-17, 29B-18, 29B-19, 29B-20,
829B-21, 29B-22, 29B-23, 29B-24, 29B-25, 29B-26, 29B-27, and
936-10 as follows:
 
10    (720 ILCS 5/17-10.6)
11    (Text of Section before amendment by P.A. 100-512)
12    Sec. 17-10.6. Financial institution fraud.
13    (a) Misappropriation of financial institution property. A
14person commits misappropriation of a financial institution's
15property whenever he or she knowingly obtains or exerts
16unauthorized control over any of the moneys, funds, credits,
17assets, securities, or other property owned by or under the
18custody or control of a financial institution, or under the
19custody or care of any agent, officer, director, or employee of
20such financial institution.
21    (b) Commercial bribery of a financial institution.
22        (1) A person commits commercial bribery of a financial
23    institution when he or she knowingly confers or offers or
24    agrees to confer any benefit upon any employee, agent, or

 

 

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1    fiduciary without the consent of the latter's employer or
2    principal, with the intent to influence his or her conduct
3    in relation to his or her employer's or principal's
4    affairs.
5        (2) An employee, agent, or fiduciary of a financial
6    institution commits commercial bribery of a financial
7    institution when, without the consent of his or her
8    employer or principal, he or she knowingly solicits,
9    accepts, or agrees to accept any benefit from another
10    person upon an agreement or understanding that such benefit
11    will influence his or her conduct in relation to his or her
12    employer's or principal's affairs.
13    (c) Financial institution fraud. A person commits
14financial institution fraud when he or she knowingly executes
15or attempts to execute a scheme or artifice:
16        (1) to defraud a financial institution; or
17        (2) to obtain any of the moneys, funds, credits,
18    assets, securities, or other property owned by or under the
19    custody or control of a financial institution, by means of
20    pretenses, representations, or promises he or she knows to
21    be false.
22    (d) Loan fraud. A person commits loan fraud when he or she
23knowingly, with intent to defraud, makes any false statement or
24report, or overvalues any land, property, or security, with the
25intent to influence in any way the action of a financial
26institution to act upon any application, advance, discount,

 

 

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1purchase, purchase agreement, repurchase agreement,
2commitment, or loan, or any change or extension of any of the
3same, by renewal, deferment of action, or otherwise, or the
4acceptance, release, or substitution of security.
5    (e) Concealment of collateral. A person commits
6concealment of collateral when he or she, with intent to
7defraud, knowingly conceals, removes, disposes of, or converts
8to the person's own use or to that of another any property
9mortgaged or pledged to or held by a financial institution.
10    (f) Financial institution robbery. A person commits
11robbery when he or she knowingly, by force or threat of force,
12or by intimidation, takes, or attempts to take, from the person
13or presence of another, or obtains or attempts to obtain by
14extortion, any property or money or any other thing of value
15belonging to, or in the care, custody, control, management, or
16possession of, a financial institution.
17    (g) Conspiracy to commit a financial crime.
18        (1) A person commits conspiracy to commit a financial
19    crime when, with the intent that any violation of this
20    Section be committed, he or she agrees with another person
21    to the commission of that offense.
22        (2) No person may be convicted of conspiracy to commit
23    a financial crime unless an overt act or acts in
24    furtherance of the agreement is alleged and proved to have
25    been committed by that person or by a co-conspirator and
26    the accused is a part of a common scheme or plan to engage

 

 

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1    in the unlawful activity.
2        (3) It shall not be a defense to conspiracy to commit a
3    financial crime that the person or persons with whom the
4    accused is alleged to have conspired:
5            (A) has not been prosecuted or convicted;
6            (B) has been convicted of a different offense;
7            (C) is not amenable to justice;
8            (D) has been acquitted; or
9            (E) lacked the capacity to commit the offense.
10    (h) Continuing financial crimes enterprise. A person
11commits a continuing financial crimes enterprise when he or she
12knowingly, within an 18-month period, commits 3 or more
13separate offenses constituting any combination of the
14following:
15        (1) an offense under this Section;
16        (2) a felony offense in violation of Section 16A-3 or
17    subsection (a) of Section 16-25 or paragraph (4) or (5) of
18    subsection (a) of Section 16-1 of this Code for the purpose
19    of reselling or otherwise re-entering the merchandise in
20    commerce, including conveying the merchandise to a
21    merchant in exchange for anything of value; or
22        (3) if involving a financial institution, any other
23    felony offense under this Code.
24    (i) Organizer of a continuing financial crimes enterprise.
25        (1) A person commits being an organizer of a continuing
26    financial crimes enterprise when he or she:

 

 

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1            (A) with the intent to commit any offense, agrees
2        with another person to the commission of any
3        combination of the following offenses on 3 or more
4        separate occasions within an 18-month period:
5                (i) an offense under this Section;
6                (ii) a felony offense in violation of Section
7            16A-3 or subsection (a) of Section 16-25 or
8            paragraph (4) or (5) of subsection (a) of Section
9            16-1 of this Code for the purpose of reselling or
10            otherwise re-entering the merchandise in commerce,
11            including conveying the merchandise to a merchant
12            in exchange for anything of value; or
13                (iii) if involving a financial institution,
14            any other felony offense under this Code; and
15            (B) with respect to the other persons within the
16        conspiracy, occupies a position of organizer,
17        supervisor, or financier or other position of
18        management.
19        (2) The person with whom the accused agreed to commit
20    the 3 or more offenses under this Section, or, if involving
21    a financial institution, any other felony offenses under
22    this Code, need not be the same person or persons for each
23    offense, as long as the accused was a part of the common
24    scheme or plan to engage in each of the 3 or more alleged
25    offenses.
26    (j) Sentence.

 

 

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1        (1) Except as otherwise provided in this subsection, a
2    violation of this Section, the full value of which:
3            (A) does not exceed $500, is a Class A misdemeanor;
4            (B) does not exceed $500, and the person has been
5        previously convicted of a financial crime or any type
6        of theft, robbery, armed robbery, burglary,
7        residential burglary, possession of burglary tools, or
8        home invasion, is guilty of a Class 4 felony;
9            (C) exceeds $500 but does not exceed $10,000, is a
10        Class 3 felony;
11            (D) exceeds $10,000 but does not exceed $100,000,
12        is a Class 2 felony;
13            (E) exceeds $100,000 but does not exceed $500,000,
14        is a Class 1 felony;
15            (F) exceeds $500,000 but does not exceed
16        $1,000,000, is a Class 1 non-probationable felony;
17        when a charge of financial crime, the full value of
18        which exceeds $500,000 but does not exceed $1,000,000,
19        is brought, the value of the financial crime involved
20        is an element of the offense to be resolved by the
21        trier of fact as either exceeding or not exceeding
22        $500,000;
23            (G) exceeds $1,000,000, is a Class X felony; when a
24        charge of financial crime, the full value of which
25        exceeds $1,000,000, is brought, the value of the
26        financial crime involved is an element of the offense

 

 

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1        to be resolved by the trier of fact as either exceeding
2        or not exceeding $1,000,000.
3        (2) A violation of subsection (f) is a Class 1 felony.
4        (3) A violation of subsection (h) is a Class 1 felony.
5        (4) A violation for subsection (i) is a Class X felony.
6    (k) A "financial crime" means an offense described in this
7Section.
8    (l) Period of limitations. The period of limitations for
9prosecution of any offense defined in this Section begins at
10the time when the last act in furtherance of the offense is
11committed.
12    (m) Forfeiture. Any violation of subdivision (2) of
13subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
14the remedies, procedures, and forfeiture as set forth in
15subsections (f) through (s) of Section 29B-1 of this Code.
16(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
17eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
18    (Text of Section after amendment by P.A. 100-512)
19    Sec. 17-10.6. Financial institution fraud.
20    (a) Misappropriation of financial institution property. A
21person commits misappropriation of a financial institution's
22property whenever he or she knowingly obtains or exerts
23unauthorized control over any of the moneys, funds, credits,
24assets, securities, or other property owned by or under the
25custody or control of a financial institution, or under the

 

 

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1custody or care of any agent, officer, director, or employee of
2such financial institution.
3    (b) Commercial bribery of a financial institution.
4        (1) A person commits commercial bribery of a financial
5    institution when he or she knowingly confers or offers or
6    agrees to confer any benefit upon any employee, agent, or
7    fiduciary without the consent of the latter's employer or
8    principal, with the intent to influence his or her conduct
9    in relation to his or her employer's or principal's
10    affairs.
11        (2) An employee, agent, or fiduciary of a financial
12    institution commits commercial bribery of a financial
13    institution when, without the consent of his or her
14    employer or principal, he or she knowingly solicits,
15    accepts, or agrees to accept any benefit from another
16    person upon an agreement or understanding that such benefit
17    will influence his or her conduct in relation to his or her
18    employer's or principal's affairs.
19    (c) Financial institution fraud. A person commits
20financial institution fraud when he or she knowingly executes
21or attempts to execute a scheme or artifice:
22        (1) to defraud a financial institution; or
23        (2) to obtain any of the moneys, funds, credits,
24    assets, securities, or other property owned by or under the
25    custody or control of a financial institution, by means of
26    pretenses, representations, or promises he or she knows to

 

 

SB0564 Engrossed- 32 -LRB100 04874 RLC 14884 b

1    be false.
2    (d) Loan fraud. A person commits loan fraud when he or she
3knowingly, with intent to defraud, makes any false statement or
4report, or overvalues any land, property, or security, with the
5intent to influence in any way the action of a financial
6institution to act upon any application, advance, discount,
7purchase, purchase agreement, repurchase agreement,
8commitment, or loan, or any change or extension of any of the
9same, by renewal, deferment of action, or otherwise, or the
10acceptance, release, or substitution of security.
11    (e) Concealment of collateral. A person commits
12concealment of collateral when he or she, with intent to
13defraud, knowingly conceals, removes, disposes of, or converts
14to the person's own use or to that of another any property
15mortgaged or pledged to or held by a financial institution.
16    (f) Financial institution robbery. A person commits
17robbery when he or she knowingly, by force or threat of force,
18or by intimidation, takes, or attempts to take, from the person
19or presence of another, or obtains or attempts to obtain by
20extortion, any property or money or any other thing of value
21belonging to, or in the care, custody, control, management, or
22possession of, a financial institution.
23    (g) Conspiracy to commit a financial crime.
24        (1) A person commits conspiracy to commit a financial
25    crime when, with the intent that any violation of this
26    Section be committed, he or she agrees with another person

 

 

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1    to the commission of that offense.
2        (2) No person may be convicted of conspiracy to commit
3    a financial crime unless an overt act or acts in
4    furtherance of the agreement is alleged and proved to have
5    been committed by that person or by a co-conspirator and
6    the accused is a part of a common scheme or plan to engage
7    in the unlawful activity.
8        (3) It shall not be a defense to conspiracy to commit a
9    financial crime that the person or persons with whom the
10    accused is alleged to have conspired:
11            (A) has not been prosecuted or convicted;
12            (B) has been convicted of a different offense;
13            (C) is not amenable to justice;
14            (D) has been acquitted; or
15            (E) lacked the capacity to commit the offense.
16    (h) Continuing financial crimes enterprise. A person
17commits a continuing financial crimes enterprise when he or she
18knowingly, within an 18-month period, commits 3 or more
19separate offenses constituting any combination of the
20following:
21        (1) an offense under this Section;
22        (2) a felony offense in violation of Section 16A-3 or
23    subsection (a) of Section 16-25 or paragraph (4) or (5) of
24    subsection (a) of Section 16-1 of this Code for the purpose
25    of reselling or otherwise re-entering the merchandise in
26    commerce, including conveying the merchandise to a

 

 

SB0564 Engrossed- 34 -LRB100 04874 RLC 14884 b

1    merchant in exchange for anything of value; or
2        (3) if involving a financial institution, any other
3    felony offense under this Code.
4    (i) Organizer of a continuing financial crimes enterprise.
5        (1) A person commits being an organizer of a continuing
6    financial crimes enterprise when he or she:
7            (A) with the intent to commit any offense, agrees
8        with another person to the commission of any
9        combination of the following offenses on 3 or more
10        separate occasions within an 18-month period:
11                (i) an offense under this Section;
12                (ii) a felony offense in violation of Section
13            16A-3 or subsection (a) of Section 16-25 or
14            paragraph (4) or (5) of subsection (a) of Section
15            16-1 of this Code for the purpose of reselling or
16            otherwise re-entering the merchandise in commerce,
17            including conveying the merchandise to a merchant
18            in exchange for anything of value; or
19                (iii) if involving a financial institution,
20            any other felony offense under this Code; and
21            (B) with respect to the other persons within the
22        conspiracy, occupies a position of organizer,
23        supervisor, or financier or other position of
24        management.
25        (2) The person with whom the accused agreed to commit
26    the 3 or more offenses under this Section, or, if involving

 

 

SB0564 Engrossed- 35 -LRB100 04874 RLC 14884 b

1    a financial institution, any other felony offenses under
2    this Code, need not be the same person or persons for each
3    offense, as long as the accused was a part of the common
4    scheme or plan to engage in each of the 3 or more alleged
5    offenses.
6    (j) Sentence.
7        (1) Except as otherwise provided in this subsection, a
8    violation of this Section, the full value of which:
9            (A) does not exceed $500, is a Class A misdemeanor;
10            (B) does not exceed $500, and the person has been
11        previously convicted of a financial crime or any type
12        of theft, robbery, armed robbery, burglary,
13        residential burglary, possession of burglary tools, or
14        home invasion, is guilty of a Class 4 felony;
15            (C) exceeds $500 but does not exceed $10,000, is a
16        Class 3 felony;
17            (D) exceeds $10,000 but does not exceed $100,000,
18        is a Class 2 felony;
19            (E) exceeds $100,000 but does not exceed $500,000,
20        is a Class 1 felony;
21            (F) exceeds $500,000 but does not exceed
22        $1,000,000, is a Class 1 non-probationable felony;
23        when a charge of financial crime, the full value of
24        which exceeds $500,000 but does not exceed $1,000,000,
25        is brought, the value of the financial crime involved
26        is an element of the offense to be resolved by the

 

 

SB0564 Engrossed- 36 -LRB100 04874 RLC 14884 b

1        trier of fact as either exceeding or not exceeding
2        $500,000;
3            (G) exceeds $1,000,000, is a Class X felony; when a
4        charge of financial crime, the full value of which
5        exceeds $1,000,000, is brought, the value of the
6        financial crime involved is an element of the offense
7        to be resolved by the trier of fact as either exceeding
8        or not exceeding $1,000,000.
9        (2) A violation of subsection (f) is a Class 1 felony.
10        (3) A violation of subsection (h) is a Class 1 felony.
11        (4) A violation for subsection (i) is a Class X felony.
12    (k) A "financial crime" means an offense described in this
13Section.
14    (l) Period of limitations. The period of limitations for
15prosecution of any offense defined in this Section begins at
16the time when the last act in furtherance of the offense is
17committed.
18    (m) Forfeiture. Any violation of subdivision (2) of
19subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
20the remedies, procedures, and forfeiture as set forth in
21Article 29B subsections (f) through (s) of Section 29B-1 of
22this Code.
23    Property seized or forfeited under this Section is subject
24to reporting under the Seizure and Forfeiture Reporting Act.
25(Source: P.A. 100-512, eff. 7-1-18.)
 

 

 

SB0564 Engrossed- 37 -LRB100 04874 RLC 14884 b

1    (720 ILCS 5/29B-0.5 new)
2    Sec. 29B-0.5. Definitions. In this Article:
3    "Conduct" or "conducts" includes, in addition to its
4ordinary meaning, initiating, concluding, or participating in
5initiating or concluding a transaction.
6    "Criminally derived property" means: (1) any property,
7real or personal, constituting or derived from proceeds
8obtained, directly or indirectly, from activity that
9constitutes a felony under State, federal, or foreign law; or
10(2) any property represented to be property constituting or
11derived from proceeds obtained, directly or indirectly, from
12activity that constitutes a felony under State, federal, or
13foreign law.
14    "Department" means the Department of State Police of this
15State or its successor agency.
16    "Director" means the Director of State Police or his or her
17designated agents.
18    "Financial institution" means any bank; saving and loan
19association; trust company; agency or branch of a foreign bank
20in the United States; currency exchange; credit union; mortgage
21banking institution; pawnbroker; loan or finance company;
22operator of a credit card system; issuer, redeemer, or cashier
23of travelers checks, checks, or money orders; dealer in
24precious metals, stones, or jewels; broker or dealer in
25securities or commodities; investment banker; or investment
26company.

 

 

SB0564 Engrossed- 38 -LRB100 04874 RLC 14884 b

1    "Financial transaction" means a purchase, sale, loan,
2pledge, gift, transfer, delivery, or other disposition
3utilizing criminally derived property, and with respect to
4financial institutions, includes a deposit, withdrawal,
5transfer between accounts, exchange of currency, loan,
6extension of credit, purchase or sale of any stock, bond,
7certificate of deposit or other monetary instrument, use of
8safe deposit box, or any other payment, transfer or delivery
9by, through, or to a financial institution. "Financial
10transaction" also means a transaction which without regard to
11whether the funds, monetary instruments, or real or personal
12property involved in the transaction are criminally derived,
13any transaction which in any way or degree: (1) involves the
14movement of funds by wire or any other means; (2) involves one
15or more monetary instruments; or (3) the transfer of title to
16any real or personal property. The receipt by an attorney of
17bona fide fees for the purpose of legal representation is not a
18financial transaction for purposes of this Article.
19    "Form 4-64" means the Illinois State Police
20Notice/Inventory of Seized Property (Form 4-64).
21    "Knowing that the property involved in a financial
22transaction represents the proceeds of some form of unlawful
23activity" means that the person knew the property involved in
24the transaction represented proceeds from some form, though not
25necessarily which form, of activity that constitutes a felony
26under State, federal, or foreign law.

 

 

SB0564 Engrossed- 39 -LRB100 04874 RLC 14884 b

1    "Monetary instrument" means United States coins and
2currency; coins and currency of a foreign country; travelers
3checks; personal checks, bank checks, and money orders;
4investment securities; bearer negotiable instruments; bearer
5investment securities; or bearer securities and certificates
6of stock in a form that title passes upon delivery.
7    "Specified criminal activity" means any violation of
8Section 29D-15.1 and any violation of Article 29D of this Code.
9    "Transaction reporting requirement under State law" means
10any violation as defined under the Currency Reporting Act.
 
11    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)
12    (Text of Section before amendment by P.A. 100-512)
13    Sec. 29B-1. (a) A person commits the offense of money
14laundering:
15        (1) when, knowing that the property involved in a
16    financial transaction represents the proceeds of some form
17    of unlawful activity, he or she conducts or attempts to
18    conduct such a financial transaction which in fact involves
19    criminally derived property:
20            (A) with the intent to promote the carrying on of
21        the unlawful activity from which the criminally
22        derived property was obtained; or
23            (B) where he or she knows or reasonably should know
24        that the financial transaction is designed in whole or
25        in part:

 

 

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1                (i) to conceal or disguise the nature, the
2            location, the source, the ownership or the control
3            of the criminally derived property; or
4                (ii) to avoid a transaction reporting
5            requirement under State law; or
6        (1.5) when he or she transports, transmits, or
7    transfers, or attempts to transport, transmit, or transfer
8    a monetary instrument:
9            (A) with the intent to promote the carrying on of
10        the unlawful activity from which the criminally
11        derived property was obtained; or
12            (B) knowing, or having reason to know, that the
13        financial transaction is designed in whole or in part:
14                (i) to conceal or disguise the nature, the
15            location, the source, the ownership or the control
16            of the criminally derived property; or
17                (ii) to avoid a transaction reporting
18            requirement under State law; or
19        (2) when, with the intent to:
20            (A) promote the carrying on of a specified criminal
21        activity as defined in this Article; or
22            (B) conceal or disguise the nature, location,
23        source, ownership, or control of property believed to
24        be the proceeds of a specified criminal activity as
25        defined by subdivision (b)(6); or
26            (C) avoid a transaction reporting requirement

 

 

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1        under State law,
2    he or she conducts or attempts to conduct a financial
3    transaction involving property he or she believes to be the
4    proceeds of specified criminal activity as defined by
5    subdivision (b)(6) or property used to conduct or
6    facilitate specified criminal activity as defined by
7    subdivision (b)(6).
8    (b) As used in this Section:
9        (0.5) "Knowing that the property involved in a
10    financial transaction represents the proceeds of some form
11    of unlawful activity" means that the person knew the
12    property involved in the transaction represented proceeds
13    from some form, though not necessarily which form, of
14    activity that constitutes a felony under State, federal, or
15    foreign law.
16        (1) "Financial transaction" means a purchase, sale,
17    loan, pledge, gift, transfer, delivery or other
18    disposition utilizing criminally derived property, and
19    with respect to financial institutions, includes a
20    deposit, withdrawal, transfer between accounts, exchange
21    of currency, loan, extension of credit, purchase or sale of
22    any stock, bond, certificate of deposit or other monetary
23    instrument, use of safe deposit box, or any other payment,
24    transfer or delivery by, through, or to a financial
25    institution. For purposes of clause (a)(2) of this Section,
26    the term "financial transaction" also means a transaction

 

 

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1    which without regard to whether the funds, monetary
2    instruments, or real or personal property involved in the
3    transaction are criminally derived, any transaction which
4    in any way or degree: (1) involves the movement of funds by
5    wire or any other means; (2) involves one or more monetary
6    instruments; or (3) the transfer of title to any real or
7    personal property. The receipt by an attorney of bona fide
8    fees for the purpose of legal representation is not a
9    financial transaction for purposes of this Section.
10        (2) "Financial institution" means any bank; saving and
11    loan association; trust company; agency or branch of a
12    foreign bank in the United States; currency exchange;
13    credit union, mortgage banking institution; pawnbroker;
14    loan or finance company; operator of a credit card system;
15    issuer, redeemer or cashier of travelers checks, checks or
16    money orders; dealer in precious metals, stones or jewels;
17    broker or dealer in securities or commodities; investment
18    banker; or investment company.
19        (3) "Monetary instrument" means United States coins
20    and currency; coins and currency of a foreign country;
21    travelers checks; personal checks, bank checks, and money
22    orders; investment securities; bearer negotiable
23    instruments; bearer investment securities; or bearer
24    securities and certificates of stock in such form that
25    title thereto passes upon delivery.
26        (4) "Criminally derived property" means: (A) any

 

 

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

 

 

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1        (3) Laundering of criminally derived property of a
2    value exceeding $100,000 but not exceeding $500,000 is a
3    Class 1 felony;
4        (4) Money laundering in violation of subsection (a)(2)
5    of this Section is a Class X felony;
6        (5) Laundering of criminally derived property of a
7    value exceeding $500,000 is a Class 1 non-probationable
8    felony;
9        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
10    this Section, the sentences are as follows:
11            (A) Laundering of property of a value not exceeding
12        $10,000 is a Class 3 felony;
13            (B) Laundering of property of a value exceeding
14        $10,000 but not exceeding $100,000 is a Class 2 felony;
15            (C) Laundering of property of a value exceeding
16        $100,000 but not exceeding $500,000 is a Class 1
17        felony;
18            (D) Laundering of property of a value exceeding
19        $500,000 is a Class 1 non-probationable felony.
20    (d) Evidence. In a prosecution under this Article, either
21party may introduce the following evidence pertaining to the
22issue of whether the property or proceeds were known to be some
23form of criminally derived property or from some form of
24unlawful activity:
25        (1) A financial transaction was conducted or
26    structured or attempted in violation of the reporting

 

 

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1    requirements of any State or federal law; or
2        (2) A financial transaction was conducted or attempted
3    with the use of a false or fictitious name or a forged
4    instrument; or
5        (3) A falsely altered or completed written instrument
6    or a written instrument that contains any materially false
7    personal identifying information was made, used, offered
8    or presented, whether accepted or not, in connection with a
9    financial transaction; or
10        (4) A financial transaction was structured or
11    attempted to be structured so as to falsely report the
12    actual consideration or value of the transaction; or
13        (5) A money transmitter, a person engaged in a trade or
14    business or any employee of a money transmitter or a person
15    engaged in a trade or business, knows or reasonably should
16    know that false personal identifying information has been
17    presented and incorporates the false personal identifying
18    information into any report or record; or
19        (6) The criminally derived property is transported or
20    possessed in a fashion inconsistent with the ordinary or
21    usual means of transportation or possession of such
22    property and where the property is discovered in the
23    absence of any documentation or other indicia of legitimate
24    origin or right to such property; or
25        (7) A person pays or receives substantially less than
26    face value for one or more monetary instruments; or

 

 

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1        (8) A person engages in a transaction involving one or
2    more monetary instruments, where the physical condition or
3    form of the monetary instrument or instruments makes it
4    apparent that they are not the product of bona fide
5    business or financial transactions.
6    (e) Duty to enforce this Article.
7        (1) It is the duty of the Department of State Police,
8    and its agents, officers, and investigators, to enforce all
9    provisions of this Article, except those specifically
10    delegated, and to cooperate with all agencies charged with
11    the enforcement of the laws of the United States, or of any
12    state, relating to money laundering. Only an agent,
13    officer, or investigator designated by the Director may be
14    authorized in accordance with this Section to serve seizure
15    notices, warrants, subpoenas, and summonses under the
16    authority of this State.
17        (2) Any agent, officer, investigator, or peace officer
18    designated by the Director may: (A) make seizure of
19    property pursuant to the provisions of this Article; and
20    (B) perform such other law enforcement duties as the
21    Director designates. It is the duty of all State's
22    Attorneys to prosecute violations of this Article and
23    institute legal proceedings as authorized under this
24    Article.
25    (f) Protective orders.
26        (1) Upon application of the State, the court may enter

 

 

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1    a restraining order or injunction, require the execution of
2    a satisfactory performance bond, or take any other action
3    to preserve the availability of property described in
4    subsection (h) for forfeiture under this Article:
5            (A) upon the filing of an indictment, information,
6        or complaint charging a violation of this Article for
7        which forfeiture may be ordered under this Article and
8        alleging that the property with respect to which the
9        order is sought would be subject to forfeiture under
10        this Article; or
11            (B) prior to the filing of such an indictment,
12        information, or complaint, if, after notice to persons
13        appearing to have an interest in the property and
14        opportunity for a hearing, the court determines that:
15                (i) there is probable cause to believe that the
16            State will prevail on the issue of forfeiture and
17            that failure to enter the order will result in the
18            property being destroyed, removed from the
19            jurisdiction of the court, or otherwise made
20            unavailable for forfeiture; and
21                (ii) the need to preserve the availability of
22            the property through the entry of the requested
23            order outweighs the hardship on any party against
24            whom the order is to be entered.
25            Provided, however, that an order entered pursuant
26        to subparagraph (B) shall be effective for not more

 

 

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1        than 90 days, unless extended by the court for good
2        cause shown or unless an indictment, information,
3        complaint, or administrative notice has been filed.
4        (2) A temporary restraining order under this
5    subsection may be entered upon application of the State
6    without notice or opportunity for a hearing when an
7    indictment, information, complaint, or administrative
8    notice has not yet been filed with respect to the property,
9    if the State demonstrates that there is probable cause to
10    believe that the property with respect to which the order
11    is sought would be subject to forfeiture under this Section
12    and that provision of notice will jeopardize the
13    availability of the property for forfeiture. Such a
14    temporary order shall expire not more than 30 days after
15    the date on which it is entered, unless extended for good
16    cause shown or unless the party against whom it is entered
17    consents to an extension for a longer period. A hearing
18    requested concerning an order entered under this paragraph
19    shall be held at the earliest possible time and prior to
20    the expiration of the temporary order.
21        (3) The court may receive and consider, at a hearing
22    held pursuant to this subsection (f), evidence and
23    information that would be inadmissible under the Illinois
24    rules of evidence.
25        (4) Order to repatriate and deposit.
26            (A) In general. Pursuant to its authority to enter

 

 

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1        a pretrial restraining order under this Section, the
2        court may order a defendant to repatriate any property
3        that may be seized and forfeited and to deposit that
4        property pending trial with the Illinois State Police
5        or another law enforcement agency designated by the
6        Illinois State Police.
7            (B) Failure to comply. Failure to comply with an
8        order under this subsection (f) is punishable as a
9        civil or criminal contempt of court.
10    (g) Warrant of seizure. The State may request the issuance
11of a warrant authorizing the seizure of property described in
12subsection (h) in the same manner as provided for a search
13warrant. If the court determines that there is probable cause
14to believe that the property to be seized would be subject to
15forfeiture, the court shall issue a warrant authorizing the
16seizure of such property.
17    (h) Forfeiture.
18        (1) The following are subject to forfeiture:
19            (A) any property, real or personal, constituting,
20        derived from, or traceable to any proceeds the person
21        obtained directly or indirectly, as a result of a
22        violation of this Article;
23            (B) any of the person's property used, or intended
24        to be used, in any manner or part, to commit, or to
25        facilitate the commission of, a violation of this
26        Article;

 

 

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1            (C) all conveyances, including aircraft, vehicles
2        or vessels, which are used, or intended for use, to
3        transport, or in any manner to facilitate the
4        transportation, sale, receipt, possession, or
5        concealment of property described in subparagraphs (A)
6        and (B), but:
7                (i) no conveyance used by any person as a
8            common carrier in the transaction of business as a
9            common carrier is subject to forfeiture under this
10            Section unless it appears that the owner or other
11            person in charge of the conveyance is a consenting
12            party or privy to a violation of this Article;
13                (ii) no conveyance is subject to forfeiture
14            under this Section by reason of any act or omission
15            which the owner proves to have been committed or
16            omitted without his or her knowledge or consent;
17                (iii) a forfeiture of a conveyance encumbered
18            by a bona fide security interest is subject to the
19            interest of the secured party if he or she neither
20            had knowledge of nor consented to the act or
21            omission;
22            (D) all real property, including any right, title,
23        and interest (including, but not limited to, any
24        leasehold interest or the beneficial interest in a land
25        trust) in the whole of any lot or tract of land and any
26        appurtenances or improvements, which is used or

 

 

SB0564 Engrossed- 51 -LRB100 04874 RLC 14884 b

1        intended to be used, in any manner or part, to commit,
2        or in any manner to facilitate the commission of, any
3        violation of this Article or that is the proceeds of
4        any violation or act that constitutes a violation of
5        this Article.
6        (2) Property subject to forfeiture under this Article
7    may be seized by the Director or any peace officer upon
8    process or seizure warrant issued by any court having
9    jurisdiction over the property. Seizure by the Director or
10    any peace officer without process may be made:
11            (A) if the seizure is incident to a seizure
12        warrant;
13            (B) if the property subject to seizure has been the
14        subject of a prior judgment in favor of the State in a
15        criminal proceeding, or in an injunction or forfeiture
16        proceeding based upon this Article;
17            (C) if there is probable cause to believe that the
18        property is directly or indirectly dangerous to health
19        or safety;
20            (D) if there is probable cause to believe that the
21        property is subject to forfeiture under this Article
22        and the property is seized under circumstances in which
23        a warrantless seizure or arrest would be reasonable; or
24            (E) in accordance with the Code of Criminal
25        Procedure of 1963.
26        (3) In the event of seizure pursuant to paragraph (2),

 

 

SB0564 Engrossed- 52 -LRB100 04874 RLC 14884 b

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

 

 

SB0564 Engrossed- 53 -LRB100 04874 RLC 14884 b

1        interest holders, or by filing notice of pending
2        forfeiture in any appropriate public record relating
3        to the property; or
4            (F) provide for another agency or custodian,
5        including an owner, secured party, or lienholder, to
6        take custody of the property upon the terms and
7        conditions set by the Director.
8        (5) When property is forfeited under this Article, the
9    Director shall sell all such property unless such property
10    is required by law to be destroyed or is harmful to the
11    public, and shall distribute the proceeds of the sale,
12    together with any moneys forfeited or seized, in accordance
13    with paragraph (6). However, upon the application of the
14    seizing agency or prosecutor who was responsible for the
15    investigation, arrest or arrests and prosecution which
16    lead to the forfeiture, the Director may return any item of
17    forfeited property to the seizing agency or prosecutor for
18    official use in the enforcement of laws, if the agency or
19    prosecutor can demonstrate that the item requested would be
20    useful to the agency or prosecutor in its enforcement
21    efforts. When any real property returned to the seizing
22    agency is sold by the agency or its unit of government, the
23    proceeds of the sale shall be delivered to the Director and
24    distributed in accordance with paragraph (6).
25        (6) All monies and the sale proceeds of all other
26    property forfeited and seized under this Article shall be

 

 

SB0564 Engrossed- 54 -LRB100 04874 RLC 14884 b

1    distributed as follows:
2            (A) 65% shall be distributed to the metropolitan
3        enforcement group, local, municipal, county, or State
4        law enforcement agency or agencies which conducted or
5        participated in the investigation resulting in the
6        forfeiture. The distribution shall bear a reasonable
7        relationship to the degree of direct participation of
8        the law enforcement agency in the effort resulting in
9        the forfeiture, taking into account the total value of
10        the property forfeited and the total law enforcement
11        effort with respect to the violation of the law upon
12        which the forfeiture is based. Amounts distributed to
13        the agency or agencies shall be used for the
14        enforcement of laws.
15            (B)(i) 12.5% shall be distributed to the Office of
16        the State's Attorney of the county in which the
17        prosecution resulting in the forfeiture was
18        instituted, deposited in a special fund in the county
19        treasury and appropriated to the State's Attorney for
20        use in the enforcement of laws. In counties over
21        3,000,000 population, 25% shall be distributed to the
22        Office of the State's Attorney for use in the
23        enforcement of laws. If the prosecution is undertaken
24        solely by the Attorney General, the portion provided
25        hereunder shall be distributed to the Attorney General
26        for use in the enforcement of laws.

 

 

SB0564 Engrossed- 55 -LRB100 04874 RLC 14884 b

1            (ii) 12.5% shall be distributed to the Office of
2        the State's Attorneys Appellate Prosecutor and
3        deposited in the Narcotics Profit Forfeiture Fund of
4        that office to be used for additional expenses incurred
5        in the investigation, prosecution and appeal of cases
6        arising under laws. The Office of the State's Attorneys
7        Appellate Prosecutor shall not receive distribution
8        from cases brought in counties with over 3,000,000
9        population.
10            (C) 10% shall be retained by the Department of
11        State Police for expenses related to the
12        administration and sale of seized and forfeited
13        property.
14        Moneys and the sale proceeds distributed to the
15    Department of State Police under this Article shall be
16    deposited in the Money Laundering Asset Recovery Fund
17    created in the State treasury and shall be used by the
18    Department of State Police for State law enforcement
19    purposes.
20        (7) All moneys and sale proceeds of property forfeited
21    and seized under this Article and distributed according to
22    paragraph (6) may also be used to purchase opioid
23    antagonists as defined in Section 5-23 of the Alcoholism
24    and Other Drug Abuse and Dependency Act.
25    (i) Notice to owner or interest holder.
26        (1) Whenever notice of pending forfeiture or service of

 

 

SB0564 Engrossed- 56 -LRB100 04874 RLC 14884 b

1    an in rem complaint is required under the provisions of
2    this Article, such notice or service shall be given as
3    follows:
4            (A) If the owner's or interest holder's name and
5        current address are known, then by either personal
6        service or mailing a copy of the notice by certified
7        mail, return receipt requested, to that address. For
8        purposes of notice under this Section, if a person has
9        been arrested for the conduct giving rise to the
10        forfeiture, then the address provided to the arresting
11        agency at the time of arrest shall be deemed to be that
12        person's known address. Provided, however, if an owner
13        or interest holder's address changes prior to the
14        effective date of the notice of pending forfeiture, the
15        owner or interest holder shall promptly notify the
16        seizing agency of the change in address or, if the
17        owner or interest holder's address changes subsequent
18        to the effective date of the notice of pending
19        forfeiture, the owner or interest holder shall
20        promptly notify the State's Attorney of the change in
21        address; or
22            (B) If the property seized is a conveyance, to the
23        address reflected in the office of the agency or
24        official in which title or interest to the conveyance
25        is required by law to be recorded, then by mailing a
26        copy of the notice by certified mail, return receipt

 

 

SB0564 Engrossed- 57 -LRB100 04874 RLC 14884 b

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

 

 

SB0564 Engrossed- 58 -LRB100 04874 RLC 14884 b

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

 

 

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

 

 

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

 

 

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1the provisions of this Article is non-real property that
2exceeds $20,000 in value excluding the value of any conveyance,
3or is real property, or a claimant has filed a claim and a cost
4bond under paragraph (3) of subsection (k) of this Section, the
5following judicial in rem procedures shall apply:
6        (1) If, after a review of the facts surrounding the
7    seizure, the State's Attorney is of the opinion that the
8    seized property is subject to forfeiture, then within 45
9    days of the receipt of notice of seizure by the seizing
10    agency or the filing of the claim and cost bond, whichever
11    is later, the State's Attorney shall institute judicial
12    forfeiture proceedings by filing a verified complaint for
13    forfeiture and, if the claimant has filed a claim and cost
14    bond, by depositing the cost bond with the clerk of the
15    court. When authorized by law, a forfeiture must be ordered
16    by a court on an action in rem brought by a State's
17    Attorney under a verified complaint for forfeiture.
18        (2) During the probable cause portion of the judicial
19    in rem proceeding wherein the State presents its
20    case-in-chief, the court must receive and consider, among
21    other things, all relevant hearsay evidence and
22    information. The laws of evidence relating to civil actions
23    apply to all other portions of the judicial in rem
24    proceeding.
25        (3) Only an owner of or interest holder in the property
26    may file an answer asserting a claim against the property

 

 

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1    in the action in rem. For purposes of this Section, the
2    owner or interest holder shall be referred to as claimant.
3    Upon motion of the State, the court shall first hold a
4    hearing, wherein any claimant must establish by a
5    preponderance of the evidence, that he or she has a lawful,
6    legitimate ownership interest in the property and that it
7    was obtained through a lawful source.
8        (4) The answer must be signed by the owner or interest
9    holder under penalty of perjury and must set forth:
10            (A) the caption of the proceedings as set forth on
11        the notice of pending forfeiture and the name of the
12        claimant;
13            (B) the address at which the claimant will accept
14        mail;
15            (C) the nature and extent of the claimant's
16        interest in the property;
17            (D) the date, identity of transferor, and
18        circumstances of the claimant's acquisition of the
19        interest in the property;
20            (E) the name and address of all other persons known
21        to have an interest in the property;
22            (F) all essential facts supporting each assertion;
23        and
24            (G) the precise relief sought.
25        (5) The answer must be filed with the court within 45
26    days after service of the civil in rem complaint.

 

 

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1        (6) The hearing must be held within 60 days after
2    filing of the answer unless continued for good cause.
3        (7) The State shall show the existence of probable
4    cause for forfeiture of the property. If the State shows
5    probable cause, the claimant has the burden of showing by a
6    preponderance of the evidence that the claimant's interest
7    in the property is not subject to forfeiture.
8        (8) If the State does not show existence of probable
9    cause, the court shall order the interest in the property
10    returned or conveyed to the claimant and shall order all
11    other property forfeited to the State. If the State does
12    show existence of probable cause, the court shall order all
13    property forfeited to the State.
14        (9) A defendant convicted in any criminal proceeding is
15    precluded from later denying the essential allegations of
16    the criminal offense of which the defendant was convicted
17    in any proceeding under this Article regardless of the
18    pendency of an appeal from that conviction. However,
19    evidence of the pendency of an appeal is admissible.
20        (10) An acquittal or dismissal in a criminal proceeding
21    does not preclude civil proceedings under this Article;
22    however, for good cause shown, on a motion by the State's
23    Attorney, the court may stay civil forfeiture proceedings
24    during the criminal trial for a related criminal indictment
25    or information alleging a money laundering violation. Such
26    a stay shall not be available pending an appeal. Property

 

 

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1    subject to forfeiture under this Article shall not be
2    subject to return or release by a court exercising
3    jurisdiction over a criminal case involving the seizure of
4    such property unless such return or release is consented to
5    by the State's Attorney.
6        (11) All property declared forfeited under this
7    Article vests in this State on the commission of the
8    conduct giving rise to forfeiture together with the
9    proceeds of the property after that time. Any such property
10    or proceeds subsequently transferred to any person remain
11    subject to forfeiture and thereafter shall be ordered
12    forfeited.
13        (12) A civil action under this Article must be
14    commenced within 5 years after the last conduct giving rise
15    to forfeiture became known or should have become known or 5
16    years after the forfeitable property is discovered,
17    whichever is later, excluding any time during which either
18    the property or claimant is out of the State or in
19    confinement or during which criminal proceedings relating
20    to the same conduct are in progress.
21    (m) Stay of time periods. If property is seized for
22evidence and for forfeiture, the time periods for instituting
23judicial and non-judicial forfeiture proceedings shall not
24begin until the property is no longer necessary for evidence.
25    (n) Settlement of claims. Notwithstanding other provisions
26of this Article, the State's Attorney and a claimant of seized

 

 

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1property may enter into an agreed-upon settlement concerning
2the seized property in such an amount and upon such terms as
3are set out in writing in a settlement agreement.
4    (o) Property constituting attorney fees. Nothing in this
5Article applies to property which constitutes reasonable bona
6fide attorney's fees paid to an attorney for services rendered
7or to be rendered in the forfeiture proceeding or criminal
8proceeding relating directly thereto where such property was
9paid before its seizure, before the issuance of any seizure
10warrant or court order prohibiting transfer of the property and
11where the attorney, at the time he or she received the property
12did not know that it was property subject to forfeiture under
13this Article.
14    (p) Construction. It is the intent of the General Assembly
15that the forfeiture provisions of this Article be liberally
16construed so as to effect their remedial purpose. The
17forfeiture of property and other remedies hereunder shall be
18considered to be in addition to, and not exclusive of, any
19sentence or other remedy provided by law.
20    (q) Judicial review. If property has been declared
21forfeited under subsection (k) of this Section, any person who
22has an interest in the property declared forfeited may, within
2330 days after the effective date of the notice of the
24declaration of forfeiture, file a claim and cost bond as
25described in paragraph (3) of subsection (k) of this Section.
26If a claim and cost bond is filed under this Section, then the

 

 

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

 

 

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1granting the stay will not have an injurious effect on the
2general public.
3(Source: P.A. 99-480, eff. 9-9-15.)
 
4    (Text of Section after amendment by P.A. 100-512)
5    Sec. 29B-1. Money laundering.
6    (a) A person commits the offense of money laundering:
7        (1) when, knowing that the property involved in a
8    financial transaction represents the proceeds of some form
9    of unlawful activity, he or she conducts or attempts to
10    conduct the such a financial transaction which in fact
11    involves criminally derived property:
12            (A) with the intent to promote the carrying on of
13        the unlawful activity from which the criminally
14        derived property was obtained; or
15            (B) where he or she knows or reasonably should know
16        that the financial transaction is designed in whole or
17        in part:
18                (i) to conceal or disguise the nature, the
19            location, the source, the ownership or the control
20            of the criminally derived property; or
21                (ii) to avoid a transaction reporting
22            requirement under State law; or
23        (1.5) when he or she transports, transmits, or
24    transfers, or attempts to transport, transmit, or transfer
25    a monetary instrument:

 

 

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

 

 

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

 

 

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1    financial transaction for purposes of this Section.
2        (2) "Financial institution" means any bank; saving and
3    loan association; trust company; agency or branch of a
4    foreign bank in the United States; currency exchange;
5    credit union, mortgage banking institution; pawnbroker;
6    loan or finance company; operator of a credit card system;
7    issuer, redeemer or cashier of travelers checks, checks or
8    money orders; dealer in precious metals, stones or jewels;
9    broker or dealer in securities or commodities; investment
10    banker; or investment company.
11        (3) "Monetary instrument" means United States coins
12    and currency; coins and currency of a foreign country;
13    travelers checks; personal checks, bank checks, and money
14    orders; investment securities; bearer negotiable
15    instruments; bearer investment securities; or bearer
16    securities and certificates of stock in such form that
17    title thereto passes upon delivery.
18        (4) "Criminally derived property" means: (A) any
19    property, real or personal, constituting or derived from
20    proceeds obtained, directly or indirectly, from activity
21    that constitutes a felony under State, federal, or foreign
22    law; or (B) any property represented to be property
23    constituting or derived from proceeds obtained, directly
24    or indirectly, from activity that constitutes a felony
25    under State, federal, or foreign law.
26        (5) "Conduct" or "conducts" includes, in addition to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Director shall sell all such property unless such property
2    is required by law to be destroyed or is harmful to the
3    public, and shall distribute the proceeds of the sale,
4    together with any moneys forfeited or seized, in accordance
5    with paragraph (6).
6        (6) All monies and the sale proceeds of all other
7    property forfeited and seized under this Article shall be
8    distributed as follows:
9            (A) 65% shall be distributed to the metropolitan
10        enforcement group, local, municipal, county, or State
11        law enforcement agency or agencies which conducted or
12        participated in the investigation resulting in the
13        forfeiture. The distribution shall bear a reasonable
14        relationship to the degree of direct participation of
15        the law enforcement agency in the effort resulting in
16        the forfeiture, taking into account the total value of
17        the property forfeited and the total law enforcement
18        effort with respect to the violation of the law upon
19        which the forfeiture is based. Amounts distributed to
20        the agency or agencies shall be used for the
21        enforcement of laws.
22            (B)(i) 12.5% shall be distributed to the Office of
23        the State's Attorney of the county in which the
24        prosecution resulting in the forfeiture was
25        instituted, deposited in a special fund in the county
26        treasury and appropriated to the State's Attorney for

 

 

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1        use in the enforcement of laws. In counties over
2        3,000,000 population, 25% shall be distributed to the
3        Office of the State's Attorney for use in the
4        enforcement of laws. If the prosecution is undertaken
5        solely by the Attorney General, the portion provided
6        hereunder shall be distributed to the Attorney General
7        for use in the enforcement of laws.
8            (ii) 12.5% shall be distributed to the Office of
9        the State's Attorneys Appellate Prosecutor and
10        deposited in the Narcotics Profit Forfeiture Fund of
11        that office to be used for additional expenses incurred
12        in the investigation, prosecution and appeal of cases
13        arising under laws. The Office of the State's Attorneys
14        Appellate Prosecutor shall not receive distribution
15        from cases brought in counties with over 3,000,000
16        population.
17            (C) 10% shall be retained by the Department of
18        State Police for expenses related to the
19        administration and sale of seized and forfeited
20        property.
21        Moneys and the sale proceeds distributed to the
22    Department of State Police under this Article shall be
23    deposited in the Money Laundering Asset Recovery Fund
24    created in the State treasury and shall be used by the
25    Department of State Police for State law enforcement
26    purposes.

 

 

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1        (7) All moneys and sale proceeds of property forfeited
2    and seized under this Article and distributed according to
3    paragraph (6) may also be used to purchase opioid
4    antagonists as defined in Section 5-23 of the Alcoholism
5    and Other Drug Abuse and Dependency Act.
6        (7.5) Preliminary Review.
7            (A) Within 14 days of the seizure, the State shall
8        seek a preliminary determination from the circuit
9        court as to whether there is probable cause that the
10        property may be subject to forfeiture.
11            (B) The rules of evidence shall not apply to any
12        proceeding conducted under this Section.
13            (C) The court may conduct the review under
14        subparagraph (A) of this paragraph (7.5)
15        simultaneously with a proceeding under Section 109-1
16        of the Code of Criminal Procedure of 1963 for a related
17        criminal offense if a prosecution is commenced by
18        information or complaint.
19            (D) The court may accept a finding of probable
20        cause at a preliminary hearing following the filing of
21        an information or complaint charging a related
22        criminal offense or following the return of indictment
23        by a grand jury charging the related offense as
24        sufficient evidence of probable cause as required
25        under subparagraph (A) of this paragraph (7.5).
26            (E) Upon a finding of probable cause as required

 

 

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1        under this Section, the circuit court shall order the
2        property subject to the applicable forfeiture Act held
3        until the conclusion of any forfeiture proceeding.
4    (i) Notice to owner or interest holder.
5        (1) The first attempted service shall be commenced
6    within 28 days of the latter of filing of the verified
7    claim or the receipt of the notice from seizing agency by
8    form 4-64. A complaint for forfeiture or a notice of
9    pending forfeiture shall be served on a claimant if the
10    owner's or interest holder's name and current address are
11    known, then by either: (i) personal service or; (ii)
12    mailing a copy of the notice by certified mail, return
13    receipt requested and first class mail, to that address. If
14    no signed return receipt is received by the State's
15    Attorney within 28 days of mailing or no communication from
16    the owner or interest holder is received by the State's
17    Attorney documenting actual notice by the parties, the
18    State's Attorney shall, within a reasonable period of time,
19    mail a second copy of the notice by certified mail, return
20    receipt requested and first class mail, to that address. If
21    no signed return receipt is received by the State's
22    Attorney within 28 days of the second mailing, or no
23    communication from the owner or interest holder is received
24    by the State's Attorney documenting actual notice by the
25    parties, the State's Attorney shall have 60 days to attempt
26    to personally serve the notice by personal service,

 

 

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

 

 

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1    Provided, however, if an owner or interest holder's address
2    changes prior to the effective date of the notice of
3    pending forfeiture, the owner or interest holder shall
4    promptly notify the seizing agency of the change in address
5    or, if the owner or interest holder's address changes
6    subsequent to the effective date of the notice of pending
7    forfeiture, the owner or interest holder shall promptly
8    notify the State's Attorney of the change in address. If
9    the property seized is a conveyance, notice shall also be
10    directed to the address reflected in the office of the
11    agency or official in which title or interest to the
12    conveyance is required by law to be recorded.
13            (A) (Blank);
14            (A-5) If the owner's or interest holder's address
15        is not known, and is not on record as provided in
16        paragraph (1), service by publication for 3 successive
17        weeks in a newspaper of general circulation in the
18        county in which the seizure occurred shall suffice for
19        service requirements.
20            (A-10) Notice to any business entity, corporation,
21        LLC, LLP, or partnership shall be complete by a single
22        mailing of a copy of the notice by certified mail,
23        return receipt requested and first class mail, to that
24        address. This notice is complete regardless of the
25        return of a signed "return receipt requested".
26            (A-15) Notice to a person whose address is not

 

 

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

 

 

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1        and first class mail. No return receipt card need be
2        received, or any other attempts at service need be made
3        to comply with service and notice requirements under
4        this Section. This certified mailing, return receipt
5        requested shall be proof of service of the complaint on
6        the claimant. If notice is to be shown by actual notice
7        from communication with a claimant, then the State's
8        Attorney shall file an affidavit as proof of service
9        providing details of the communication which shall be
10        accepted as proof of service by the court.
11            (B) If the property seized is a conveyance, to the
12        address reflected in the office of the agency or
13        official in which title or interest to the conveyance
14        is required by law to be recorded, then by mailing a
15        copy of the notice by certified mail, return receipt
16        requested, to that address; or
17            (C) (Blank).
18        (2) Notice served under this Article is effective upon
19    personal service, the last date of publication, or the
20    mailing of written notice, whichever is earlier.
21    (j) Notice to State's Attorney. The law enforcement agency
22seizing property for forfeiture under this Article shall,
23within 60 days after seizure, notify the State's Attorney for
24the county, either where an act or omission giving rise to the
25forfeiture occurred or where the property was seized, of the
26seizure of the property and the facts and circumstances giving

 

 

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1rise to the seizure and shall provide the State's Attorney with
2the inventory of the property and its estimated value. When the
3property seized for forfeiture is a vehicle, the law
4enforcement agency seizing the property shall immediately
5notify the Secretary of State that forfeiture proceedings are
6pending regarding such vehicle. This notice shall be by the
7form 4-64.
8    (k) Non-judicial forfeiture. If non-real property that
9exceeds $20,000 in value excluding the value of any conveyance,
10or if real property is seized under the provisions of this
11Article, the State's Attorney shall institute judicial in rem
12forfeiture proceedings as described in subsection (l) of this
13Section within 28 days from receipt of notice of seizure from
14the seizing agency under subsection (j) of this Section.
15However, if non-real property that does not exceed $20,000 in
16value excluding the value of any conveyance is seized, the
17following procedure shall be used:
18        (1) If, after review of the facts surrounding the
19    seizure, the State's Attorney is of the opinion that the
20    seized property is subject to forfeiture, then within 45
21    days after the receipt of notice of seizure from the
22    seizing agency, the State's Attorney shall cause notice of
23    pending forfeiture to be given to the owner of the property
24    and all known interest holders of the property in
25    accordance with subsection (i) of this Section.
26        (2) The notice of pending forfeiture must include a

 

 

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1    description of the property, the estimated value of the
2    property, the date and place of seizure, the conduct giving
3    rise to forfeiture or the violation of law alleged, and a
4    summary of procedures and procedural rights applicable to
5    the forfeiture action.
6        (3)(A) Any person claiming an interest in property
7    which is the subject of notice under paragraph (1) of this
8    subsection (k), must, in order to preserve any rights or
9    claims to the property, within 45 days after the effective
10    date of notice as described in subsection (i) of this
11    Section, file a verified claim with the State's Attorney
12    expressing his or her interest in the property. The claim
13    must set forth:
14            (i) the caption of the proceedings as set forth on
15        the notice of pending forfeiture and the name of the
16        claimant;
17            (ii) the address at which the claimant will accept
18        mail;
19            (iii) the nature and extent of the claimant's
20        interest in the property;
21            (iv) the date, identity of the transferor, and
22        circumstances of the claimant's acquisition of the
23        interest in the property;
24            (v) the name and address of all other persons known
25        to have an interest in the property;
26            (vi) the specific provision of law relied on in

 

 

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1        asserting the property is not subject to forfeiture;
2            (vii) all essential facts supporting each
3        assertion; and
4            (viii) the relief sought.
5        (B) If a claimant files the claim, then the State's
6    Attorney shall institute judicial in rem forfeiture
7    proceedings with the clerk of the court as described in
8    subsection (l) of this Section within 45 days after receipt
9    of the claim.
10        (C) (Blank).
11        (4) If no claim is filed within the 45 day period as
12    described in paragraph (3) of this subsection (k), the
13    State's Attorney shall declare the property forfeited and
14    shall promptly notify the owner and all known interest
15    holders of the property and the Director of State Police of
16    the declaration of forfeiture and the Director shall
17    dispose of the property in accordance with law.
18    (l) Judicial in rem procedures. If property seized under
19the provisions of this Article is non-real property that
20exceeds $20,000 in value excluding the value of any conveyance,
21or is real property, or a claimant has filed a claim under
22paragraph (3) of subsection (k) of this Section, the following
23judicial in rem procedures shall apply:
24        (1) If, after a review of the facts surrounding the
25    seizure, the State's Attorney is of the opinion that the
26    seized property is subject to forfeiture, then within 28

 

 

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1    days of the receipt of notice of seizure by the seizing
2    agency or the filing of the claim, whichever is later, the
3    State's Attorney shall institute judicial forfeiture
4    proceedings by filing a verified complaint for forfeiture.
5    When authorized by law, a forfeiture must be ordered by a
6    court on an action in rem brought by a State's Attorney
7    under a verified complaint for forfeiture.
8        (1.5) A complaint of forfeiture shall include:
9            (i) a description of the property seized;
10            (ii) the date and place of seizure of the property;
11            (iii) the name and address of the law enforcement
12        agency making the seizure; and
13            (iv) the specific statutory and factual grounds
14        for the seizure.
15        (1.10) The complaint shall be served upon the person
16    from whom the property was seized and all persons known or
17    reasonably believed by the State to claim an interest in
18    the property, as provided in subsection (i) of this
19    Section. The complaint shall be accompanied by the
20    following written notice:
21        "This is a civil court proceeding subject to the Code
22    of Civil Procedure. You received this Complaint of
23    Forfeiture because the State's Attorney's office has
24    brought a legal action seeking forfeiture of your seized
25    property. This complaint starts the court process where the
26    State seeks to prove that your property should be forfeited

 

 

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

 

 

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1        (3) Only an owner of or interest holder in the property
2    may file an answer asserting a claim against the property
3    in the action in rem. For purposes of this Section, the
4    owner or interest holder shall be referred to as claimant.
5    Upon motion of the State, the court shall first hold a
6    hearing, wherein any claimant must establish by a
7    preponderance of the evidence, that he or she has a lawful,
8    legitimate ownership interest in the property and that it
9    was obtained through a lawful source.
10        (4) The answer must be signed by the owner or interest
11    holder under penalty of perjury and must set forth:
12            (A) the caption of the proceedings as set forth on
13        the notice of pending forfeiture and the name of the
14        claimant;
15            (B) the address at which the claimant will accept
16        mail;
17            (C) the nature and extent of the claimant's
18        interest in the property;
19            (D) the date, identity of transferor, and
20        circumstances of the claimant's acquisition of the
21        interest in the property;
22            (E) the name and address of all other persons known
23        to have an interest in the property;
24            (F) all essential facts supporting each assertion;
25            (G) the precise relief sought; and
26            (H) the answer shall follow the rules under the

 

 

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1        Code of Civil Procedure.
2        (5) The answer must be filed with the court within 45
3    days after service of the civil in rem complaint.
4        (6) The hearing must be held within 60 days after
5    filing of the answer unless continued for good cause.
6        (7) At the judicial in rem proceeding, in the State's
7    case in chief, the State shall show by a preponderance of
8    the evidence that the property is subject to forfeiture. If
9    the State makes such a showing, the claimant shall have the
10    burden of production to set forth evidence that the
11    property is not related to the alleged factual basis of the
12    forfeiture. After this production of evidence, the State
13    shall maintain the burden of proof to overcome this
14    assertion. A claimant shall provide the State notice of its
15    intent to allege that the currency or its equivalent is not
16    related to the alleged factual basis of the forfeiture and
17    why. As to conveyances, at the judicial in rem proceeding,
18    in their case in chief, the State shall show by a
19    preponderance of the evidence, that (1) the property is
20    subject to forfeiture; and (2) at least one of the
21    following:
22            (i) that the claimant was legally accountable for
23        the conduct giving rise to the forfeiture;
24            (ii) that the claimant knew or reasonably should
25        have known of the conduct giving rise to the
26        forfeiture;

 

 

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1            (iii) that the claimant knew or reasonable should
2        have known that the conduct giving rise to the
3        forfeiture was likely to occur;
4            (iv) that the claimant held the property for the
5        benefit of, or as nominee for, any person whose conduct
6        gave rise to its forfeiture;
7            (v) that if the claimant acquired their interest
8        through any person engaging in any of the conduct
9        described above or conduct giving rise to the
10        forfeiture;
11                (1) the claimant did not acquire it as a bona
12            fide purchaser for value; or
13                (2) the claimant acquired the interest under
14            the circumstances that they reasonably should have
15            known the property was derived from, or used in,
16            the conduct giving rise to the forfeiture; or
17            (vii) that the claimant is not the true owner of
18        the property that is subject to forfeiture.
19        (8) If the State does not meet its burden to show that
20    the property is subject to forfeiture, the court shall
21    order the interest in the property returned or conveyed to
22    the claimant and shall order all other property forfeited
23    to the State. If the State does meet its burden to show
24    that the property is subject to forfeiture, the court shall
25    order all property forfeited to the State.
26        (9) A defendant convicted in any criminal proceeding is

 

 

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

 

 

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

 

 

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1from a settlement agreement shall be tendered to the Department
2of State Police and distributed under paragraph (6) of
3subsection (h) of this Section.
4    (o) Property constituting attorney fees. Nothing in this
5Article applies to property which constitutes reasonable bona
6fide attorney's fees paid to an attorney for services rendered
7or to be rendered in the forfeiture proceeding or criminal
8proceeding relating directly thereto where such property was
9paid before its seizure, before the issuance of any seizure
10warrant or court order prohibiting transfer of the property and
11where the attorney, at the time he or she received the property
12did not know that it was property subject to forfeiture under
13this Article.
14    (p) Construction. It is the intent of the General Assembly
15that the forfeiture provisions of this Article be liberally
16construed so as to effect their remedial purpose. The
17forfeiture of property and other remedies hereunder shall be
18considered to be in addition to, and not exclusive of, any
19sentence or other remedy provided by law.
20    (q) Judicial review. If property has been declared
21forfeited under subsection (k) of this Section, any person who
22has an interest in the property declared forfeited may, within
2330 days after the effective date of the notice of the
24declaration of forfeiture, file a claim as described in
25paragraph (3) of subsection (k) of this Section. If a claim is
26filed under this Section, then the procedures described in

 

 

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1subsection (l) of this Section apply.
2    (r) (Blank).
3    (s) Review of administrative decisions. All administrative
4findings, rulings, final determinations, findings, and
5conclusions of the State's Attorney's Office under this Article
6are final and conclusive decisions of the matters involved. Any
7person aggrieved by the decision may obtain review of the
8decision pursuant to the provisions of the Administrative
9Review Law and the rules adopted pursuant to that Law. Pending
10final decision on such review, the administrative acts, orders,
11and rulings of the State's Attorney's Office remain in full
12force and effect unless modified or suspended by order of court
13pending final judicial decision. Pending final decision on such
14review, the acts, orders, and rulings of the State's Attorney's
15Office remain in full force and effect, unless stayed by order
16of court. However, no stay of any decision of the
17administrative agency shall issue unless the person aggrieved
18by the decision establishes by a preponderance of the evidence
19that good cause exists for the stay. In determining good cause,
20the court shall find that the aggrieved party has established a
21substantial likelihood of prevailing on the merits and that
22granting the stay will not have an injurious effect on the
23general public.
24    (t) Actual physical seizure of real property subject to
25forfeiture under this Act requires the issuance of a seizure
26warrant. Nothing in this Section prohibits the constructive

 

 

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1seizure of real property through the filing of a complaint for
2forfeiture in circuit court and the recording of a lis pendens
3against the real property which is subject to forfeiture
4without any hearing, warrant application, or judicial
5approval.
6    (u) Property which is forfeited shall be subject to an 8th
7amendment to the United States Constitution disproportionate
8penalties analysis and the property forfeiture may be denied in
9whole or in part if the court finds that the forfeiture would
10constitute an excessive fine in violation of the 8th amendment
11as interpreted by case law.
12    (v) If property is ordered forfeited under this Section
13from a claimant who held title to the property in joint tenancy
14or tenancy in common with another claimant, the court shall
15determine the amount of each owner's interest in the property
16according to principles of property law.
17    (w) A claimant or a party interested in personal property
18contained within a seized conveyance may file a request with
19the State's Attorney in a non-judicial forfeiture action, or a
20motion with the court in a judicial forfeiture action for the
21return of any personal property contained within a conveyance
22which is seized under this Article. The return of personal
23property shall not be unreasonably withheld if the personal
24property is not mechanically or electrically coupled to the
25conveyance, needed for evidentiary purposes, or otherwise
26contraband. Any law enforcement agency that returns property

 

 

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

 

 

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

 

 

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

 

 

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1    claimant shall not be subject to any charges by the State
2    for storage of the property or expenses incurred in the
3    preservation of the property. Charges for the towing of a
4    conveyance shall be borne by the claimant unless the
5    conveyance was towed for the sole reason of seizure for
6    forfeiture. This Section does not prohibit the imposition
7    of any fees or costs by a home rule unit of local
8    government related to the impoundment of a conveyance under
9    an ordinance enacted by the unit of government.
10        (3) A law enforcement agency shall not retain forfeited
11    property for its own use or transfer the property to any
12    person or entity, except as provided under this Section. A
13    law enforcement agency may apply in writing to the Director
14    of State Police to request that a forfeited property be
15    awarded to the agency for a specifically articulated
16    official law enforcement use in an investigation. The
17    Director of State Police shall provide a written
18    justification in each instance detailing the reasons why
19    the forfeited property was placed into official use and the
20    justification shall be retained for a period of not less
21    than 3 years.
22    (bb) The changes made to this Section by this amendatory
23Act of the 100th General Assembly are subject to Sections 2 and
244 of the Statute on Statutes.
25(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18.)
 

 

 

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1    (720 ILCS 5/29B-2 new)
2    Sec. 29B-2. Evidence in money laundering prosecutions.
3    In a prosecution under this Article, either party may
4introduce the following evidence pertaining to the issue of
5whether the property or proceeds were known to be some form of
6criminally derived property or from some form of unlawful
7activity:
8        (1) a financial transaction was conducted or
9    structured or attempted in violation of the reporting
10    requirements of any State or federal law;
11        (2) a financial transaction was conducted or attempted
12    with the use of a false or fictitious name or a forged
13    instrument;
14        (3) a falsely altered or completed written instrument
15    or a written instrument that contains any materially false
16    personal identifying information was made, used, offered
17    or presented, whether accepted or not, in connection with a
18    financial transaction;
19        (4) a financial transaction was structured or
20    attempted to be structured so as to falsely report the
21    actual consideration or value of the transaction;
22        (5) a money transmitter, a person engaged in a trade or
23    business, or any employee of a money transmitter or a
24    person engaged in a trade or business, knows or reasonably
25    should know that false personal identifying information
26    has been presented and incorporates the false personal

 

 

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1    identifying information into any report or record;
2        (6) the criminally derived property is transported or
3    possessed in a fashion inconsistent with the ordinary or
4    usual means of transportation or possession of the property
5    and where the property is discovered in the absence of any
6    documentation or other indicia of legitimate origin or
7    right to the property;
8        (7) a person pays or receives substantially less than
9    face value for one or more monetary instruments; or
10        (8) a person engages in a transaction involving one or
11    more monetary instruments, where the physical condition or
12    form of the monetary instrument or instruments makes it
13    apparent that they are not the product of bona fide
14    business or financial transactions.
 
15    (720 ILCS 5/29B-3 new)
16    Sec. 29B-3. Duty to enforce this Article.
17    (a) It is the duty of the Department of State Police, and
18its agents, officers, and investigators, to enforce this
19Article, except those provisions otherwise specifically
20delegated, and to cooperate with all agencies charged with the
21enforcement of the laws of the United States, or of any state,
22relating to money laundering. Only an agent, officer, or
23investigator designated by the Director may be authorized in
24accordance with this Section to serve seizure notices,
25warrants, subpoenas, and summonses under the authority of this

 

 

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1State.
2    (b) An agent, officer, investigator, or peace officer
3designated by the Director may: (1) make seizure of property
4under this Article; and (2) perform other law enforcement
5duties as the Director designates. It is the duty of all
6State's Attorneys to prosecute violations of this Article and
7institute legal proceedings as authorized under this Article.
 
8    (720 ILCS 5/29B-4 new)
9    Sec. 29B-4. Protective orders and warrants for forfeiture
10purposes.
11    (a) Upon application of the State, the court may enter a
12restraining order or injunction, require the execution of a
13satisfactory performance bond, or take any other action to
14preserve the availability of property described in Section
1529B-5 of this Article for forfeiture under this Article:
16        (1) upon the filing of an indictment, information, or
17    complaint charging a violation of this Article for which
18    forfeiture may be ordered under this Article and alleging
19    that the property with respect to which the order is sought
20    would be subject to forfeiture under this Article; or
21        (2) prior to the filing of the indictment, information,
22    or complaint, if, after notice to persons appearing to have
23    an interest in the property and opportunity for a hearing,
24    the court determines that:
25            (A) there is probable cause to believe that the

 

 

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1        State will prevail on the issue of forfeiture and that
2        failure to enter the order will result in the property
3        being destroyed, removed from the jurisdiction of the
4        court, or otherwise made unavailable for forfeiture;
5        and
6            (B) the need to preserve the availability of the
7        property through the entry of the requested order
8        outweighs the hardship on any party against whom the
9        order is to be entered.
10        Provided, however, that an order entered under
11    paragraph (2) of this Section shall be effective for not
12    more than 90 days, unless extended by the court for good
13    cause shown or unless an indictment, information,
14    complaint, or administrative notice has been filed.
15    (b) A temporary restraining order under this subsection (b)
16may be entered upon application of the State without notice or
17opportunity for a hearing when an indictment, information,
18complaint, or administrative notice has not yet been filed with
19respect to the property, if the State demonstrates that there
20is probable cause to believe that the property with respect to
21which the order is sought would be subject to forfeiture under
22this Article and that provision of notice will jeopardize the
23availability of the property for forfeiture. The temporary
24order shall expire not more than 30 days after the date on
25which it is entered, unless extended for good cause shown or
26unless the party against whom it is entered consents to an

 

 

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1extension for a longer period. A hearing requested concerning
2an order entered under this subsection (b) shall be held at the
3earliest possible time and prior to the expiration of the
4temporary order.
5    (c) The court may receive and consider, at a hearing held
6under this Section, evidence and information that would be
7inadmissible under the Illinois rules of evidence.
8    (d) Under its authority to enter a pretrial restraining
9order under this Section, the court may order a defendant to
10repatriate any property that may be seized and forfeited and to
11deposit that property pending trial with the Department of
12State Police or another law enforcement agency designated by
13the Department of State Police. Failure to comply with an order
14under this Section is punishable as a civil or criminal
15contempt of court.
16    (e) The State may request the issuance of a warrant
17authorizing the seizure of property described in Section 29B-5
18of this Article in the same manner as provided for a search
19warrant. If the court determines that there is probable cause
20to believe that the property to be seized would be subject to
21forfeiture, the court shall issue a warrant authorizing the
22seizure of that property.
 
23    (720 ILCS 5/29B-5 new)
24    Sec. 29B-5. Property subject to forfeiture. The following
25are subject to forfeiture:

 

 

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1    (1) any property, real or personal, constituting, derived
2from, or traceable to any proceeds the person obtained directly
3or indirectly, as a result of a violation of this Article;
4    (2) any of the person's property used, or intended to be
5used, in any manner or part, to commit, or to facilitate the
6commission of, a violation of this Article;
7    (3) all conveyances, including aircraft, vehicles, or
8vessels, which are used, or intended for use, to transport, or
9in any manner to facilitate the transportation, sale, receipt,
10possession, or concealment of property described in paragraphs
11(1) and (2) of this Section, but:
12        (A) no conveyance used by any person as a common
13    carrier in the transaction of business as a common carrier
14    is subject to forfeiture under this Section unless it
15    appears that the owner or other person in charge of the
16    conveyance is a consenting party or privy to a violation of
17    this Article;
18        (B) no conveyance is subject to forfeiture under this
19    Article by reason of any act or omission which the owner
20    proves to have been committed or omitted without his or her
21    knowledge or consent;
22        (C) a forfeiture of a conveyance encumbered by a bona
23    fide security interest is subject to the interest of the
24    secured party if he or she neither had knowledge of nor
25    consented to the act or omission;
26    (4) all real property, including any right, title, and

 

 

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1interest, including, but not limited to, any leasehold interest
2or the beneficial interest in a land trust, in the whole of any
3lot or tract of land and any appurtenances or improvements,
4which is used or intended to be used, in any manner or part, to
5commit, or in any manner to facilitate the commission of, any
6violation of this Article or that is the proceeds of any
7violation or act that constitutes a violation of this Article.
 
8    (720 ILCS 5/29B-6 new)
9    Sec. 29B-6. Seizure.
10    (a) Property subject to forfeiture under this Article may
11be seized by the Director or any peace officer upon process or
12seizure warrant issued by any court having jurisdiction over
13the property. Seizure by the Director or any peace officer
14without process may be made:
15        (1) if the seizure is incident to a seizure warrant;
16        (2) if the property subject to seizure has been the
17    subject of a prior judgment in favor of the State in a
18    criminal proceeding, or in an injunction or forfeiture
19    proceeding based upon this Article;
20        (3) if there is probable cause to believe that the
21    property is directly or indirectly dangerous to health or
22    safety;
23        (4) if there is probable cause to believe that the
24    property is subject to forfeiture under this Article and
25    the property is seized under circumstances in which a

 

 

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1    warrantless seizure or arrest would be reasonable; or
2        (5) in accordance with the Code of Criminal Procedure
3    of 1963.
4    (b) In the event of seizure under subsection (a) of this
5Section, forfeiture proceedings shall be instituted in
6accordance with this Article.
7    (c) Actual physical seizure of real property subject to
8forfeiture requires the issuance of a seizure warrant. Nothing
9in this Article prohibits the constructive seizure of real
10property through the filing of a complaint for forfeiture in
11circuit court and the recording of a lis pendens against the
12real property that is subject to forfeiture without any
13hearing, warrant application, or judicial approval.
 
14    (720 ILCS 5/29B-7 new)
15    Sec. 29B-7. Safekeeping of seized property pending
16disposition.
17    (a) If property is seized under this Article, the seizing
18agency shall promptly conduct an inventory of the seized
19property and estimate the property's value and shall forward a
20copy of the inventory of seized property and the estimate of
21the property's value to the Director. Upon receiving notice of
22seizure, the Director may:
23        (1) place the property under seal;
24        (2) remove the property to a place designated by the
25    Director;

 

 

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1        (3) keep the property in the possession of the seizing
2    agency;
3        (4) remove the property to a storage area for
4    safekeeping or, if the property is a negotiable instrument
5    or money and is not needed for evidentiary purposes,
6    deposit it in an interest bearing account;
7        (5) place the property under constructive seizure by
8    posting notice of pending forfeiture on it, by giving
9    notice of pending forfeiture to its owners and interest
10    holders, or by filing notice of pending forfeiture in any
11    appropriate public record relating to the property; or
12        (6) provide for another agency or custodian, including
13    an owner, secured party, or lienholder, to take custody of
14    the property upon the terms and conditions set by the
15    Director.
16    (b) When property is forfeited under this Article, the
17Director shall sell all the property unless the property is
18required by law to be destroyed or is harmful to the public,
19and shall distribute the proceeds of the sale, together with
20any moneys forfeited or seized, under Section 29B-26 of this
21Article.
 
22    (720 ILCS 5/29B-8 new)
23    Sec. 29B-8. Notice to State's Attorney. The law enforcement
24agency seizing property for forfeiture under this Article
25shall, within 60 days after seizure, notify the State's

 

 

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1Attorney for the county, either where an act or omission giving
2rise to the forfeiture occurred or where the property was
3seized, of the seizure of the property and the facts and
4circumstances giving rise to the seizure and shall provide the
5State's Attorney with the inventory of the property and its
6estimated value. If the property seized for forfeiture is a
7vehicle, the law enforcement agency seizing the property shall
8immediately notify the Secretary of State that forfeiture
9proceedings are pending regarding the vehicle. This notice
10shall be by Form 4-64.
 
11    (720 ILCS 5/29B-9 new)
12    Sec. 29B-9. Preliminary review.
13    (a) Within 28 days of the seizure, the State shall seek a
14preliminary determination from the circuit court as to whether
15there is probable cause that the property may be subject to
16forfeiture.
17    (b) The rules of evidence shall not apply to any proceeding
18conducted under this Section.
19    (c) The court may conduct the review under subsection (a)
20of this Section simultaneously with a proceeding under Section
21109-1 of the Code of Criminal Procedure of 1963 for a related
22criminal offense if a prosecution is commenced by information
23or complaint.
24    (d) The court may accept a finding of probable cause at a
25preliminary hearing following the filing of an information or

 

 

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1complaint charging a related criminal offense or following the
2return of indictment by a grand jury charging the related
3offense as sufficient evidence of probable cause as required
4under subsection (a) of this Section.
5    (e) Upon a finding of probable cause as required under this
6Section, the circuit court shall order the property subject to
7the applicable forfeiture Act held until the conclusion of any
8forfeiture proceeding.
 
9    (720 ILCS 5/29B-10 new)
10    Sec. 29B-10. Notice to owner or interest holder.
11    (a) The first attempted service of notice shall be
12commenced within 28 days of the latter of filing of the
13verified claim or the receipt of the notice from the seizing
14agency by Form 4-64. A complaint for forfeiture or a notice of
15pending forfeiture shall be served on a claimant if the owner's
16or interest holder's name and current address are known, then
17by either: (1) personal service; or (2) mailing a copy of the
18notice by certified mail, return receipt requested, and first
19class mail to that address.
20    (b) If no signed return receipt is received by the State's
21Attorney within 28 days of mailing or no communication from the
22owner or interest holder is received by the State's Attorney
23documenting actual notice by the parties, the State's Attorney
24shall, within a reasonable period of time, mail a second copy
25of the notice by certified mail, return receipt requested, and

 

 

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

 

 

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1under this Section, if a person has been arrested for the
2conduct giving rise to the forfeiture, the address provided to
3the arresting agency at the time of arrest shall be deemed to
4be that person's known address. Provided, however, if an owner
5or interest holder's address changes prior to the effective
6date of the notice of pending forfeiture, the owner or interest
7holder shall promptly notify the seizing agency of the change
8in address or, if the owner or interest holder's address
9changes subsequent to the effective date of the notice of
10pending forfeiture, the owner or interest holder shall promptly
11notify the State's Attorney of the change in address. If the
12property seized is a conveyance, notice shall also be directed
13to the address reflected in the office of the agency or
14official in which title to or interest in the conveyance is
15required by law to be recorded.
16    (d) If the owner's or interest holder's address is not
17known, and is not on record as provided in this Section,
18service by publication for 3 successive weeks in a newspaper of
19general circulation in the county in which the seizure occurred
20shall suffice for service requirements.
21    (e) Notice to any business entity, corporation, limited
22liability company, limited liability partnership, or
23partnership shall be completed by a single mailing of a copy of
24the notice by certified mail, return receipt requested, and
25first class mail to that address. This notice is complete
26regardless of the return of a signed return receipt.

 

 

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1    (f) Notice to a person whose address is not within the
2State shall be completed by a single mailing of a copy of the
3notice by certified mail, return receipt requested, and first
4class mail to that address. This notice is complete regardless
5of the return of a signed return receipt.
6    (g) Notice to a person whose address is not within the
7United States shall be completed by a single mailing of a copy
8of the notice by certified mail, return receipt requested, and
9first class mail to that address. This notice is complete
10regardless of the return of a signed return receipt. If
11certified mail is not available in the foreign country where
12the person has an address, notice shall proceed by publication
13requirements under subsection (d) of this Section.
14    (h) A person whom the State's Attorney reasonably should
15know is incarcerated within this State, shall also include,
16mailing a copy of the notice by certified mail, return receipt
17requested, and first class mail to the address of the detention
18facility with the inmate's name clearly marked on the envelope.
19    (i) After a claimant files a verified claim with the
20State's Attorney and provides an address at which the claimant
21will accept service, the complaint shall be served and notice
22shall be complete upon the mailing of the complaint to the
23claimant at the address the claimant provided via certified
24mail, return receipt requested, and first class mail. No return
25receipt need be received, or any other attempts at service need
26be made to comply with service and notice requirements under

 

 

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1this Section. This certified mailing, return receipt
2requested, shall be proof of service of the complaint on the
3claimant. If notice is to be shown by actual notice from
4communication with a claimant, then the State's Attorney shall
5file an affidavit as proof of service, providing details of the
6communication, which shall be accepted as proof of service by
7the court.
8    (j) If the property seized is a conveyance, to the address
9reflected in the office of the agency or official in which
10title to or interest in the conveyance is required by law to be
11recorded, then by mailing a copy of the notice by certified
12mail, return receipt requested, to that address.
13    (k) Notice served under this Article is effective upon
14personal service, the last date of publication, or the mailing
15of written notice, whichever is earlier.
 
16    (720 ILCS 5/29B-11 new)
17    Sec. 29B-11. Replevin prohibited. Property taken or
18detained under this Article shall not be subject to replevin,
19but is deemed to be in the custody of the Director subject only
20to the order and judgments of the circuit court having
21jurisdiction over the forfeiture proceedings and the decisions
22of the State's Attorney under this Article.
 
23    (720 ILCS 5/29B-12 new)
24    Sec. 29B-12. Non-judicial forfeiture. If non-real

 

 

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1property that exceeds $20,000 in value excluding the value of
2any conveyance, or if real property is seized under the
3provisions of this Article, the State's Attorney shall
4institute judicial in rem forfeiture proceedings as described
5in Section 29B-13 of this Article within 28 days from receipt
6of notice of seizure from the seizing agency under Section
729B-8 of this Article. However, if non-real property that does
8not exceed $20,000 in value excluding the value of any
9conveyance is seized, the following procedure shall be used:
10    (1) If, after review of the facts surrounding the seizure,
11the State's Attorney is of the opinion that the seized property
12is subject to forfeiture, then within 28 days after the receipt
13of notice of seizure from the seizing agency, the State's
14Attorney shall cause notice of pending forfeiture to be given
15to the owner of the property and all known interest holders of
16the property in accordance with Section 29B-10 of this Article.
17    (2) The notice of pending forfeiture shall include a
18description of the property, the estimated value of the
19property, the date and place of seizure, the conduct giving
20rise to forfeiture or the violation of law alleged, and a
21summary of procedures and procedural rights applicable to the
22forfeiture action.
23    (3)(A) Any person claiming an interest in property that is
24the subject of notice under paragraph (1) of this Section,
25must, in order to preserve any rights or claims to the
26property, within 45 days after the effective date of notice as

 

 

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1described in Section 29B-10 of this Article, file a verified
2claim with the State's Attorney expressing his or her interest
3in the property. The claim shall set forth:
4        (i) the caption of the proceedings as set forth on the
5    notice of pending forfeiture and the name of the claimant;
6        (ii) the address at which the claimant will accept
7    mail;
8        (iii) the nature and extent of the claimant's interest
9    in the property;
10        (iv) the date, identity of the transferor, and
11    circumstances of the claimant's acquisition of the
12    interest in the property;
13        (v) the names and addresses of all other persons known
14    to have an interest in the property;
15        (vi) the specific provision of law relied on in
16    asserting the property is not subject to forfeiture;
17        (vii) all essential facts supporting each assertion;
18    and
19        (viii) the relief sought.
20    (B) If a claimant files the claim, then the State's
21Attorney shall institute judicial in rem forfeiture
22proceedings with the clerk of the court as described in Section
2329B-13 of this Article within 28 days after receipt of the
24claim.
25    (4) If no claim is filed within the 28-day period as
26described in paragraph (3) of this Section, the State's

 

 

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1Attorney shall declare the property forfeited and shall
2promptly notify the owner and all known interest holders of the
3property and the Director of State Police of the declaration of
4forfeiture and the Director shall dispose of the property in
5accordance with law.
 
6    (720 ILCS 5/29B-13 new)
7    Sec. 29B-13. Judicial in rem procedures. If property seized
8under this Article is non-real property that exceeds $20,000 in
9value excluding the value of any conveyance, or is real
10property, or a claimant has filed a claim under paragraph (3)
11of Section 29B-12 of this Article, the following judicial in
12rem procedures shall apply:
13    (1) If, after a review of the facts surrounding the
14seizure, the State's Attorney is of the opinion that the seized
15property is subject to forfeiture, then within 28 days of the
16receipt of notice of seizure by the seizing agency or the
17filing of the claim, whichever is later, the State's Attorney
18shall institute judicial forfeiture proceedings by filing a
19verified complaint for forfeiture. If authorized by law, a
20forfeiture shall be ordered by a court on an action in rem
21brought by a State's Attorney under a verified complaint for
22forfeiture.
23    (2) A complaint of forfeiture shall include:
24        (A) a description of the property seized;
25        (B) the date and place of seizure of the property;

 

 

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1        (C) the name and address of the law enforcement agency
2    making the seizure; and
3        (D) the specific statutory and factual grounds for the
4    seizure.
5    (3) The complaint shall be served upon the person from whom
6the property was seized and all persons known or reasonably
7believed by the State to claim an interest in the property, as
8provided in Section 29B-10 of this Article. The complaint shall
9be accompanied by the following written notice:
10    "This is a civil court proceeding subject to the Code of
11Civil Procedure. You received this Complaint of Forfeiture
12because the State's Attorney's office has brought a legal
13action seeking forfeiture of your seized property. This
14complaint starts the court process where the State seeks to
15prove that your property should be forfeited and not returned
16to you. This process is also your opportunity to try to prove
17to a judge that you should get your property back. The
18complaint lists the date, time, and location of your first
19court date. You must appear in court on that day, or you may
20lose the case automatically. You must also file an appearance
21and answer. If you are unable to pay the appearance fee, you
22may qualify to have the fee waived. If there is a criminal case
23related to the seizure of your property, your case may be set
24for trial after the criminal case has been resolved. Before
25trial, the judge may allow discovery, where the State can ask
26you to respond in writing to questions and give them certain

 

 

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1documents, and you can make similar requests of the State. The
2trial is your opportunity to explain what happened when your
3property was seized and why you should get the property back."
4    (4) Forfeiture proceedings under this Article shall be
5subject to the Code of Civil Procedure and the rules of
6evidence relating to civil actions shall apply to proceedings
7under this Article with the following exception. The parties
8shall be allowed to use, and the court shall receive and
9consider, all relevant hearsay evidence that relates to
10evidentiary foundation, chain of custody, business records,
11recordings, laboratory analysis, laboratory reports, and
12relevant hearsay related to the use of technology in the
13investigation that resulted in the seizure of property that is
14subject to the forfeiture action.
15    (5) Only an owner of or interest holder in the property may
16file an answer asserting a claim against the property in the
17action in rem. For purposes of this Section, the owner or
18interest holder shall be referred to as claimant. Upon motion
19of the State, the court shall first hold a hearing, in which a
20claimant shall establish by a preponderance of the evidence,
21that he or she has a lawful, legitimate ownership interest in
22the property and that it was obtained through a lawful source.
23    (6) The answer must be signed by the owner or interest
24holder under penalty of perjury and shall set forth:
25        (A) the caption of the proceedings as set forth on the
26    notice of pending forfeiture and the name of the claimant;

 

 

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

 

 

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

 

 

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1        circumstances that the claimant reasonably should have
2        known the property was derived from, or used in, the
3        conduct giving rise to the forfeiture; or
4        (vi) that the claimant is not the true owner of the
5    property that is subject to forfeiture.
6    (10) If the State does not meet its burden to show that the
7property is subject to forfeiture, the court shall order the
8interest in the property returned or conveyed to the claimant
9and shall order all other property forfeited to the State. If
10the State does meet its burden to show that the property is
11subject to forfeiture, the court shall order all property
12forfeited to the State.
13    (11) A defendant convicted in any criminal proceeding is
14precluded from later denying the essential allegations of the
15criminal offense of which the defendant was convicted in any
16proceeding under this Article regardless of the pendency of an
17appeal from that conviction. However, evidence of the pendency
18of an appeal is admissible.
19    (12) On a motion by the parties, the court may stay civil
20forfeiture proceedings during the criminal trial for a related
21criminal indictment or information alleging a money laundering
22violation. Such a stay shall not be available pending an
23appeal. Property subject to forfeiture under this Article shall
24not be subject to return or release by a court exercising
25jurisdiction over a criminal case involving the seizure of the
26property unless the return or release is consented to by the

 

 

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1State's Attorney.
 
2    (720 ILCS 5/29B-14 new)
3    Sec. 29B-14. Innocent owner hearing.
4    (a) After a complaint for forfeiture has been filed and all
5claimants have appeared and answered, a claimant may file a
6motion with the court for an innocent owner hearing prior to
7trial. This motion shall be made and supported by sworn
8affidavit and shall assert the following along with specific
9facts that support each assertion:
10        (1) that the claimant filing the motion is the true
11    owner of the conveyance as interpreted by case law;
12        (2) that the claimant was not legally accountable for
13    the conduct giving rise to the forfeiture or acquiesced in
14    the conduct;
15        (3) that the claimant did not solicit, conspire, or
16    attempt to commit the conduct giving rise to the
17    forfeiture;
18        (4) that the claimant did not know or did not have
19    reason to know that the conduct giving rise to the
20    forfeiture was likely to occur; and
21        (5) that the claimant did not hold the property for the
22    benefit of, or as nominee for any person whose conduct gave
23    rise to its forfeiture or if the owner or interest holder
24    acquired the interest through any person, the owner or
25    interest holder did not acquire it as a bona fide purchaser

 

 

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1    for value or acquired the interest without knowledge of the
2    seizure of the property for forfeiture.
3    (b) The claimant's motion shall include specific facts
4supporting these assertions.
5    (c) Upon this filing, a hearing may only be conducted after
6the parties have been given the opportunity to conduct limited
7discovery as to the ownership and control of the property, the
8claimant's knowledge, or any matter relevant to the issues
9raised or facts alleged in the claimant's motion. Discovery
10shall be limited to the People's requests in these areas but
11may proceed by any means allowed in the Code of Civil
12Procedure.
13        (1) After discovery is complete and the court has
14    allowed for sufficient time to review and investigate the
15    discovery responses, the court shall conduct a hearing. At
16    the hearing, the fact that the conveyance is subject to
17    forfeiture shall not be at issue. The court shall only hear
18    evidence relating to the issue of innocent ownership.
19        (2) At the hearing on the motion, it shall be the
20    burden of the claimant to prove each of the assertions
21    listed in subsection (a) of this Section by a preponderance
22    of the evidence.
23        (3) If a claimant meets his or her burden of proof, the
24    court shall grant the motion and order the property
25    returned to the claimant. If the claimant fails to meet his
26    or her burden of proof, then the court shall deny the

 

 

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1    motion and the forfeiture case shall proceed according to
2    the Code of Civil Procedure.
 
3    (720 ILCS 5/29B-15 new)
4    Sec. 29B-15. Burden and commencement of forfeiture action.
5    (a) Notwithstanding any other provision of this Article,
6the State's burden of proof at the trial of the forfeiture
7action shall be by clear and convincing evidence if:
8        (1) a finding of not guilty is entered as to all counts
9    and all defendants in a criminal proceeding relating to the
10    conduct giving rise to the forfeiture action; or
11        (2) the State receives an adverse finding at a
12    preliminary hearing and fails to secure an indictment in a
13    criminal proceeding relating to the factual allegations of
14    the forfeiture action.
15    (b) All property declared forfeited under this Article
16vests in the State on the commission of the conduct giving rise
17to forfeiture together with the proceeds of the property after
18that time. Except as otherwise provided in this Article, title
19to any property or proceeds subject to forfeiture subsequently
20transferred to any person remain subject to forfeiture and
21thereafter shall be ordered forfeited unless the person to whom
22the property was transferred makes an appropriate claim and has
23his or her claim adjudicated at the judicial in rem hearing.
24    (c) A civil action under this Article shall be commenced
25within 5 years after the last conduct giving rise to forfeiture

 

 

SB0564 Engrossed- 132 -LRB100 04874 RLC 14884 b

1became known or should have become known or 5 years after the
2forfeitable property is discovered, whichever is later,
3excluding any time during which either the property or claimant
4is out of the State or in confinement or during which criminal
5proceedings relating to the same conduct are in progress.
 
6    (720 ILCS 5/29B-16 new)
7    Sec. 29B-16. Joint tenancy or tenancy in common. If
8property is ordered forfeited under this Section from a
9claimant who held title to the property in joint tenancy or
10tenancy in common with another claimant, the court shall
11determine the amount of each owner's interest in the property
12according to principles of property law.
 
13    (720 ILCS 5/29B-17 new)
14    Sec. 29B-17. Exception for bona fide purchasers. No
15property shall be forfeited under this Article from a person
16who, without actual or constructive notice that the property
17was the subject of forfeiture proceedings, obtained possession
18of the property as a bona fide purchaser for value. A person
19who purports to affect transfer of property after receiving
20actual or constructive notice that the property is subject to
21seizure or forfeiture is guilty of contempt of court, and shall
22be liable to the State for a penalty in the amount of the fair
23market value of the property.
 

 

 

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1    (720 ILCS 5/29B-18 new)
2    Sec. 29B-18. Proportionality. Property that is forfeited
3shall 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 as interpreted by case
8law.
 
9    (720 ILCS 5/29B-19 new)
10    Sec. 29B-19. Stay of time periods. If property is seized
11for evidence and for forfeiture, the time periods for
12instituting judicial and non-judicial forfeiture proceedings
13shall not begin until the property is no longer necessary for
14evidence.
 
15    (720 ILCS 5/29B-20 new)
16    Sec. 29B-20. Settlement of claims. Notwithstanding other
17provisions of this Article, the State's Attorney and a claimant
18of seized property may enter into an agreed-upon settlement
19concerning the seized property in such an amount and upon such
20terms as are set out in writing in a settlement agreement. All
21proceeds from a settlement agreement shall be tendered to the
22Department of State Police and distributed under Section 29B-26
23of this Article.
 

 

 

SB0564 Engrossed- 134 -LRB100 04874 RLC 14884 b

1    (720 ILCS 5/29B-21 new)
2    Sec. 29B-21. Attorney's fees. Nothing in this Article
3applies to property that constitutes reasonable bona fide
4attorney's fees paid to an attorney for services rendered or to
5be rendered in the forfeiture proceeding or criminal proceeding
6relating directly thereto if the property was paid before its
7seizure, before the issuance of any seizure warrant or court
8order prohibiting transfer of the property and if the attorney,
9at the time he or she received the property did not know that
10it was property subject to forfeiture under this Article.
 
11    (720 ILCS 5/29B-22 new)
12    Sec. 29B-22. Construction.
13    (a) It is the intent of the General Assembly that the
14forfeiture provisions of this Article be liberally construed so
15as to effect their remedial purpose. The forfeiture of property
16and other remedies under this Article shall be considered to be
17in addition to, and not exclusive of, any sentence or other
18remedy provided by law.
19    (b) The changes made to this Article by Public Act 100-0512
20and this amendatory Act of the 100th General Assembly are
21subject to Section 2 of the Statute on Statutes.
 
22    (720 ILCS 5/29B-23 new)
23    Sec. 29B-23. Judicial review. If property has been declared
24forfeited under Section 29B-12 of this Article, any person who

 

 

SB0564 Engrossed- 135 -LRB100 04874 RLC 14884 b

1has an interest in the property declared forfeited may, within
230 days after the effective date of the notice of the
3declaration of forfeiture, file a claim as described in
4paragraph (3) of Section 29B-12 of this Article. If a claim is
5filed under this Section, then the procedures described in
6Section of 29B-13 of this Article apply.
 
7    (720 ILCS 5/29B-24 new)
8    Sec. 29B-24. Review of administrative decisions. All
9administrative findings, rulings, final determinations,
10findings, and conclusions of the State's Attorney's Office
11under this Article are final and conclusive decisions of the
12matters involved. Any person aggrieved by the decision may
13obtain review of the decision under the provisions of the
14Administrative Review Law and the rules adopted under that Law.
15Pending final decision on such review, the administrative acts,
16orders, and rulings of the State's Attorney's Office remain in
17full force and effect unless modified or suspended by order of
18court pending final judicial decision. Pending final decision
19on such review, the acts, orders, and rulings of the State's
20Attorney's Office remain in full force and effect, unless
21stayed by order of court. However, no stay of any decision of
22the administrative agency shall issue unless the person
23aggrieved by the decision establishes by a preponderance of the
24evidence that good cause exists for the stay. In determining
25good cause, the court shall find that the aggrieved party has

 

 

SB0564 Engrossed- 136 -LRB100 04874 RLC 14884 b

1established a substantial likelihood of prevailing on the
2merits and that granting the stay will not have an injurious
3effect on the general public.
 
4    (720 ILCS 5/29B-25 new)
5    Sec. 29B-25. Return of property, damages, and costs.
6    (a) The law enforcement agency that holds custody of
7property seized for forfeiture shall deliver property ordered
8by the court to be returned or conveyed to the claimant within
9a reasonable time not to exceed 7 days, unless the order is
10stayed by the trial court or a reviewing court pending an
11appeal, motion to reconsider, or other reason.
12    (b) The law enforcement agency that holds custody of
13property is responsible for any damages, storage fees, and
14related costs applicable to property returned. The claimant
15shall not be subject to any charges by the State for storage of
16the property or expenses incurred in the preservation of the
17property. Charges for the towing of a conveyance shall be borne
18by the claimant unless the conveyance was towed for the sole
19reason of seizure for forfeiture. This Section does not
20prohibit the imposition of any fees or costs by a home rule
21unit of local government related to the impoundment of a
22conveyance under an ordinance enacted by the unit of
23government.
24    (c) A law enforcement agency shall not retain forfeited
25property for its own use or transfer the property to any person

 

 

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1or entity, except as provided under this Section. A law
2enforcement agency may apply in writing to the Director of
3State Police to request that forfeited property be awarded to
4the agency for a specifically articulated official law
5enforcement use in an investigation. The Director shall provide
6a written justification in each instance detailing the reasons
7why the forfeited property was placed into official use and the
8justification shall be retained for a period of not less than 3
9years.
10    (d) A claimant or a party interested in personal property
11contained within a seized conveyance may file a request with
12the State's Attorney in a non-judicial forfeiture action, or a
13motion with the court in a judicial forfeiture action for the
14return of any personal property contained within a conveyance
15that is seized under this Article. The return of personal
16property shall not be unreasonably withheld if the personal
17property is not mechanically or electrically coupled to the
18conveyance, needed for evidentiary purposes, or otherwise
19contraband. Any law enforcement agency that returns property
20under a court order under this Section shall not be liable to
21any person who claims ownership to the property if it is
22returned to an improper party.
 
23    (720 ILCS 5/29B-26 new)
24    Sec. 29B-26. Distribution of proceeds.
25    All monies and the sale proceeds of all other property

 

 

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1forfeited and seized under this Article shall be distributed as
2follows:
3        (1) 65% shall be distributed to the metropolitan
4    enforcement group, local, municipal, county, or State law
5    enforcement agency or agencies that conducted or
6    participated in the investigation resulting in the
7    forfeiture. The distribution shall bear a reasonable
8    relationship to the degree of direct participation of the
9    law enforcement agency in the effort resulting in the
10    forfeiture, taking into account the total value of the
11    property forfeited and the total law enforcement effort
12    with respect to the violation of the law upon which the
13    forfeiture is based. Amounts distributed to the agency or
14    agencies shall be used for the enforcement of laws.
15        (2)(i) 12.5% shall be distributed to the Office of the
16    State's Attorney of the county in which the prosecution
17    resulting in the forfeiture was instituted, deposited in a
18    special fund in the county treasury and appropriated to the
19    State's Attorney for use in the enforcement of laws. In
20    counties over 3,000,000 population, 25% shall be
21    distributed to the Office of the State's Attorney for use
22    in the enforcement of laws. If the prosecution is
23    undertaken solely by the Attorney General, the portion
24    provided under this subparagraph (i) shall be distributed
25    to the Attorney General for use in the enforcement of laws.
26        (ii) 12.5% shall be distributed to the Office of the

 

 

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1    State's Attorneys Appellate Prosecutor and deposited in
2    the Narcotics Profit Forfeiture Fund of that office to be
3    used for additional expenses incurred in the
4    investigation, prosecution, and appeal of cases arising
5    under laws. The Office of the State's Attorneys Appellate
6    Prosecutor shall not receive distribution from cases
7    brought in counties with over 3,000,000 population.
8    (3) 10% shall be retained by the Department of State Police
9for expenses related to the administration and sale of seized
10and forfeited property.
11    Moneys and the sale proceeds distributed to the Department
12of State Police under this Article shall be deposited in the
13Money Laundering Asset Recovery Fund created in the State
14treasury and shall be used by the Department of State Police
15for State law enforcement purposes. All moneys and sale
16proceeds of property forfeited and seized under this Article
17and distributed according to this Section may also be used to
18purchase opioid antagonists as defined in Section 5-23 of the
19Alcoholism and Other Drug Abuse and Dependency Act.
 
20    (720 ILCS 5/29B-27 new)
21    Sec. 29B-27. Applicability; savings clause.
22    (a) The changes made to this Article by Public Act 100-0512
23and this amendatory Act of the 100th General Assembly only
24apply to property seized on and after July 1, 2018.
25    (b) The changes made to this Article by this amendatory Act

 

 

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1of the 100th General Assembly are subject to Section 4 of the
2Statute on Statutes.
 
3    (720 ILCS 5/33G-6)
4    (Text of Section before amendment by P.A. 100-512)
5    (Section scheduled to be repealed on June 11, 2022)
6    Sec. 33G-6. Remedial proceedings, procedures, and
7forfeiture. Under this Article:
8    (a) The circuit court shall have jurisdiction to prevent
9and restrain violations of this Article by issuing appropriate
10orders, including:
11        (1) ordering any person to disgorge illicit proceeds
12    obtained by a violation of this Article or divest himself
13    or herself of any interest, direct or indirect, in any
14    enterprise or real or personal property of any character,
15    including money, obtained, directly or indirectly, by a
16    violation of this Article;
17        (2) imposing reasonable restrictions on the future
18    activities or investments of any person or enterprise,
19    including prohibiting any person or enterprise from
20    engaging in the same type of endeavor as the person or
21    enterprise engaged in, that violated this Article; or
22        (3) ordering dissolution or reorganization of any
23    enterprise, making due provision for the rights of innocent
24    persons.
25    (b) Any violation of this Article is subject to the

 

 

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1remedies, procedures, and forfeiture as set forth in
2subsections (f) through (s) of Section 29B-1 of this Code.
3(Source: P.A. 97-686, eff. 6-11-12.)
 
4    (Text of Section after amendment by P.A. 100-512)
5    (Section scheduled to be repealed on June 11, 2022)
6    Sec. 33G-6. Remedial proceedings, procedures, and
7forfeiture. Under this Article:
8    (a) The circuit court shall have jurisdiction to prevent
9and restrain violations of this Article by issuing appropriate
10orders, including:
11        (1) ordering any person to disgorge illicit proceeds
12    obtained by a violation of this Article or divest himself
13    or herself of any interest, direct or indirect, in any
14    enterprise or real or personal property of any character,
15    including money, obtained, directly or indirectly, by a
16    violation of this Article;
17        (2) imposing reasonable restrictions on the future
18    activities or investments of any person or enterprise,
19    including prohibiting any person or enterprise from
20    engaging in the same type of endeavor as the person or
21    enterprise engaged in, that violated this Article; or
22        (3) ordering dissolution or reorganization of any
23    enterprise, making due provision for the rights of innocent
24    persons.
25    (b) Any violation of this Article is subject to the

 

 

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1remedies, procedures, and forfeiture as set forth in Article
229B subsections (f) through (s) of Section 29B-1 of this Code.
3    (c) Property seized or forfeited under this Article is
4subject to reporting under the Seizure and Forfeiture Reporting
5Act.
6(Source: P.A. 100-512, eff. 7-1-18.)
 
7    (720 ILCS 5/36-1.1)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 36-1.1. Seizure.
11    (a) Any property subject to forfeiture under this Article
12may be seized and impounded by the Director of State Police or
13any peace officer upon process or seizure warrant issued by any
14court having jurisdiction over the property.
15    (b) Any property subject to forfeiture under this Article
16may be seized and impounded by the Director of State Police or
17any peace officer without process if there is probable cause to
18believe that the property is subject to forfeiture under
19Section 36-1 of this Article and the property is seized under
20circumstances in which a warrantless seizure or arrest would be
21reasonable.
22    (c) If the seized property is a conveyance, an
23investigation shall be made by the law enforcement agency as to
24any person whose right, title, interest, or lien is of record
25in the office of the agency or official in which title to or

 

 

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1interest in to the conveyance is required by law to be
2recorded.
3    (d) After seizure under this Section, notice shall be given
4to all known interest holders that forfeiture proceedings,
5including a preliminary review, may be instituted and the
6proceedings may be instituted under this Article.
7(Source: P.A. 100-512, eff. 7-1-18.)
 
8    (720 ILCS 5/36-1.3)
9    (This Section may contain text from a Public Act with a
10delayed effective date)
11    Sec. 36-1.3. Safekeeping of seized property pending
12disposition.
13    (a) Property seized under this Article is deemed to be in
14the custody of the Director of State Police, subject only to
15the order and judgments of the circuit court having
16jurisdiction over the forfeiture proceedings and the decisions
17of the State's Attorney under this Article.
18    (b) If property is seized under this Article, the seizing
19agency shall promptly conduct an inventory of the seized
20property and estimate the property's value, and shall forward a
21copy of the inventory of seized property and the estimate of
22the property's value to the Director of State Police. Upon
23receiving notice of seizure, the Director of State Police may:
24        (1) place the property under seal;
25        (2) remove the property to a place designated by the

 

 

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1    Director of State Police;
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
6        (5) place the property under constructive seizure by
7    posting notice of pending forfeiture on it, by giving
8    notice of pending forfeiture to its owners and interest
9    holders, or by filing notice of pending forfeiture in any
10    appropriate public record relating to the property; or
11        (6) provide for another agency or custodian, including
12    an owner, secured party, or lienholder, to take custody of
13    the property upon the terms and conditions set by the
14    seizing agency.
15    (c) The seizing agency shall exercise ordinary care to
16protect the subject of the forfeiture from negligent loss,
17damage, or destruction.
18    (d) Property seized or forfeited under this Article is
19subject to reporting under the Seizure and Forfeiture Reporting
20Act.
21(Source: P.A. 100-512, eff. 7-1-18.)
 
22    (720 ILCS 5/36-1.4)
23    (This Section may contain text from a Public Act with a
24delayed effective date)
25    Sec. 36-1.4. Notice to State's Attorney. The law

 

 

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1enforcement agency seizing property for forfeiture under this
2Article shall, as soon as practicable but not later than 28
3days after the seizure, notify the State's Attorney for the
4county in which an act or omission giving rise to the seizure
5occurred or in which the property was seized and the facts and
6circumstances giving rise to the seizure, and shall provide the
7State's Attorney with the inventory of the property and its
8estimated value. The notice shall be by the delivery of
9Illinois State Police Notice/Inventory of Seized Property
10(Form 4-64) the form 4-64. If the property seized for
11forfeiture is a vehicle, the law enforcement agency seizing the
12property shall immediately notify the Secretary of State that
13forfeiture proceedings are pending regarding the vehicle.
14(Source: P.A. 100-512, eff. 7-1-18.)
 
15    (720 ILCS 5/36-1.5)
16    (Text of Section before amendment by P.A. 100-512)
17    Sec. 36-1.5. Preliminary review.
18    (a) Within 14 days of the seizure, the State's Attorney in
19the county in which the seizure occurred shall seek a
20preliminary determination from the circuit court as to whether
21there is probable cause that the property may be subject to
22forfeiture.
23    (b) The rules of evidence shall not apply to any proceeding
24conducted under this Section.
25    (c) The court may conduct the review under subsection (a)

 

 

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1simultaneously with a proceeding pursuant to Section 109-1 of
2the Code of Criminal Procedure of 1963 for a related criminal
3offense if a prosecution is commenced by information or
4complaint.
5    (d) The court may accept a finding of probable cause at a
6preliminary hearing following the filing of an information or
7complaint charging a related criminal offense or following the
8return of indictment by a grand jury charging the related
9offense as sufficient evidence of probable cause as required
10under subsection (a).
11    (e) Upon making a finding of probable cause as required
12under this Section, the circuit court shall order the property
13subject to the provisions of the applicable forfeiture Act held
14until the conclusion of any forfeiture proceeding.
15    For seizures of conveyances, within 7 days of a finding of
16probable cause under subsection (a), the registered owner or
17other claimant may file a motion in writing supported by sworn
18affidavits claiming that denial of the use of the conveyance
19during the pendency of the forfeiture proceedings creates a
20substantial hardship. The court shall consider the following
21factors in determining whether a substantial hardship has been
22proven:
23        (1) the nature of the claimed hardship;
24        (2) the availability of public transportation or other
25    available means of transportation; and
26        (3) any available alternatives to alleviate the

 

 

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1    hardship other than the return of the seized conveyance.
2    If the court determines that a substantial hardship has
3been proven, the court shall then balance the nature of the
4hardship against the State's interest in safeguarding the
5conveyance. If the court determines that the hardship outweighs
6the State's interest in safeguarding the conveyance, the court
7may temporarily release the conveyance to the registered owner
8or the registered owner's authorized designee, or both, until
9the conclusion of the forfeiture proceedings or for such
10shorter period as ordered by the court provided that the person
11to whom the conveyance is released provides proof of insurance
12and a valid driver's license and all State and local
13registrations for operation of the conveyance are current. The
14court shall place conditions on the conveyance limiting its use
15to the stated hardship and restricting the conveyance's use to
16only those individuals authorized to use the conveyance by the
17registered owner. The court shall revoke the order releasing
18the conveyance and order that the conveyance be reseized by law
19enforcement if the conditions of release are violated or if the
20conveyance is used in the commission of any offense identified
21in subsection (a) of Section 6-205 of the Illinois Vehicle
22Code.
23    If the court orders the release of the conveyance during
24the pendency of the forfeiture proceedings, the registered
25owner or his or her authorized designee shall post a cash
26security with the Clerk of the Court as ordered by the court.

 

 

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

 

 

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1the parties to whom the conveyance was released and the
2registered owner, jointly and severally, for the difference
3between the full market value and the amount of the cash
4security. If the conveyance is returned in a condition other
5than the condition in which it was released, the cash security
6shall be returned to the surety who posted the security minus
7the amount of the diminished value, and that amount shall be
8forfeited in the same manner as the conveyance subject to
9forfeiture. Additionally, the court may enter an order allowing
10any law enforcement agency in the State of Illinois to seize
11the conveyance wherever it may be found in the State to satisfy
12the judgment if the cash security was less than the full market
13value of the conveyance.
14(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;
1598-1020, eff. 8-22-14.)
 
16    (Text of Section after amendment by P.A. 100-512)
17    Sec. 36-1.5. Preliminary review.
18    (a) Within 14 days of the seizure, the State's Attorney of
19in the county in which the seizure occurred shall seek a
20preliminary determination from the circuit court as to whether
21there is probable cause that the property may be subject to
22forfeiture.
23    (b) The rules of evidence shall not apply to any proceeding
24conducted under this Section.
25    (c) The court may conduct the review under subsection (a)

 

 

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1of this Section simultaneously with a proceeding under pursuant
2to Section 109-1 of the Code of Criminal Procedure of 1963 for
3a related criminal offense if a prosecution is commenced by
4information or complaint.
5    (d) The court may accept a finding of probable cause at a
6preliminary hearing following the filing of an information or
7complaint charging a related criminal offense or following the
8return of indictment by a grand jury charging the related
9offense as sufficient evidence of probable cause as required
10under subsection (a) of ths Section.
11    (e) Upon making a finding of probable cause as required
12under this Section, the circuit court shall order the property
13subject to the provisions of the applicable forfeiture Act held
14until the conclusion of any forfeiture proceeding.
15    For seizures of conveyances, within 28 days of a finding of
16probable cause under subsection (a) of this Section, the
17registered owner or other claimant may file a motion in writing
18supported by sworn affidavits claiming that denial of the use
19of the conveyance during the pendency of the forfeiture
20proceedings creates a substantial hardship and alleges facts
21showing that the hardship delay was not due to his or her
22culpable negligence. The court shall consider the following
23factors in determining whether a substantial hardship has been
24proven:
25        (1) the nature of the claimed hardship;
26        (2) the availability of public transportation or other

 

 

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1    available means of transportation; and
2        (3) any available alternatives to alleviate the
3    hardship other than the return of the seized conveyance.
4    If the court determines that a substantial hardship has
5been proven, the court shall then balance the nature of the
6hardship against the State's interest in safeguarding the
7conveyance. If the court determines that the hardship outweighs
8the State's interest in safeguarding the conveyance, the court
9may temporarily release the conveyance to the registered owner
10or the registered owner's authorized designee, or both, until
11the conclusion of the forfeiture proceedings or for such
12shorter period as ordered by the court provided that the person
13to whom the conveyance is released provides proof of insurance
14and a valid driver's license and all State and local
15registrations for operation of the conveyance are current. The
16court shall place conditions on the conveyance limiting its use
17to the stated hardship and providing transportation for
18employment, religious purposes, medical needs, child care, and
19restricting the conveyance's use to only those individuals
20authorized to use the conveyance by the registered owner. The
21use of the vehicle shall be further restricted to exclude all
22recreational and entertainment purposes. The court may order
23additional restrictions it deems reasonable and just on its own
24motion or on motion of the People. The court shall revoke the
25order releasing the conveyance and order that the conveyance be
26reseized by law enforcement if the conditions of release are

 

 

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1violated or if the conveyance is used in the commission of any
2offense identified in subsection (a) of Section 6-205 of the
3Illinois Vehicle Code.
4    If the court orders the release of the conveyance during
5the pendency of the forfeiture proceedings, the court may order
6the registered owner or his or her authorized designee to post
7a cash security with the clerk Clerk of the court Court as
8ordered by the court. If cash security is ordered, the court
9shall consider the following factors in determining the amount
10of the cash security:
11        (A) the full market value of the conveyance;
12        (B) the nature of the hardship;
13        (C) the extent and length of the usage of the
14    conveyance;
15        (D) the ability of the owner or designee to pay; and
16        (E) other conditions as the court deems necessary to
17    safeguard the conveyance.
18    If the conveyance is released, the court shall order that
19the registered owner or his or her designee safeguard the
20conveyance, not remove the conveyance from the jurisdiction,
21not conceal, destroy, or otherwise dispose of the conveyance,
22not encumber the conveyance, and not diminish the value of the
23conveyance in any way. The court shall also make a
24determination of the full market value of the conveyance prior
25to it being released based on a source or sources defined in 50
26Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).

 

 

SB0564 Engrossed- 153 -LRB100 04874 RLC 14884 b

1    If the conveyance subject to forfeiture is released under
2this Section and is subsequently forfeited, the person to whom
3the conveyance was released shall return the conveyance to the
4law enforcement agency that seized the conveyance within 7 days
5from the date of the declaration of forfeiture or order of
6forfeiture. If the conveyance is not returned within 7 days,
7the cash security shall be forfeited in the same manner as the
8conveyance subject to forfeiture. If the cash security was less
9than the full market value, a judgment shall be entered against
10the parties to whom the conveyance was released and the
11registered owner, jointly and severally, for the difference
12between the full market value and the amount of the cash
13security. If the conveyance is returned in a condition other
14than the condition in which it was released, the cash security
15shall be returned to the surety who posted the security minus
16the amount of the diminished value, and that amount shall be
17forfeited in the same manner as the conveyance subject to
18forfeiture. Additionally, the court may enter an order allowing
19any law enforcement agency in the State of Illinois to seize
20the conveyance wherever it may be found in the State to satisfy
21the judgment if the cash security was less than the full market
22value of the conveyance.
23(Source: P.A. 100-512, eff. 7-1-18.)
 
24    (720 ILCS 5/36-2)  (from Ch. 38, par. 36-2)
25    (Text of Section before amendment by P.A. 100-512)

 

 

SB0564 Engrossed- 154 -LRB100 04874 RLC 14884 b

1    Sec. 36-2. Action for forfeiture.
2    (a) The State's Attorney in the county in which such
3seizure occurs if he or she finds that the forfeiture was
4incurred without willful negligence or without any intention on
5the part of the owner of the vessel or watercraft, vehicle or
6aircraft or any person whose right, title or interest is of
7record as described in Section 36-1, to violate the law, or
8finds the existence of such mitigating circumstances as to
9justify remission of the forfeiture, may cause the law
10enforcement agency to remit the same upon such terms and
11conditions as the State's Attorney deems reasonable and just.
12The State's Attorney shall exercise his or her discretion under
13the foregoing provision of this Section 36-2(a) prior to or
14promptly after the preliminary review under Section 36-1.5.
15    (b) If the State's Attorney does not cause the forfeiture
16to be remitted he or she shall forthwith bring an action for
17forfeiture in the Circuit Court within whose jurisdiction the
18seizure and confiscation has taken place. The State's Attorney
19shall give notice of seizure and the forfeiture proceeding to
20each person according to the following method: upon each person
21whose right, title, or interest is of record in the office of
22the Secretary of State, the Secretary of Transportation, the
23Administrator of the Federal Aviation Agency, or any other
24department of this State, or any other state of the United
25States if the vessel or watercraft, vehicle, or aircraft is
26required to be so registered, as the case may be, by delivering

 

 

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1the notice and complaint in open court or by certified mail to
2the address as given upon the records of the Secretary of
3State, the Division of Aeronautics of the Department of
4Transportation, the Capital Development Board, or any other
5department of this State or the United States if the vessel or
6watercraft, vehicle, or aircraft is required to be so
7registered.
8    (c) The owner of the seized vessel or watercraft, vehicle,
9or aircraft or any person whose right, title, or interest is of
10record as described in Section 36-1, may within 20 days after
11delivery in open court or the mailing of such notice file a
12verified answer to the Complaint and may appear at the hearing
13on the action for forfeiture.
14    (d) The State shall show at such hearing by a preponderance
15of the evidence, that such vessel or watercraft, vehicle, or
16aircraft was used in the commission of an offense described in
17Section 36-1.
18    (e) The owner of such vessel or watercraft, vehicle, or
19aircraft or any person whose right, title, or interest is of
20record as described in Section 36-1, may show by a
21preponderance of the evidence that he did not know, and did not
22have reason to know, that the vessel or watercraft, vehicle, or
23aircraft was to be used in the commission of such an offense or
24that any of the exceptions set forth in Section 36-3 are
25applicable.
26    (f) Unless the State shall make such showing, the Court

 

 

SB0564 Engrossed- 156 -LRB100 04874 RLC 14884 b

1shall order such vessel or watercraft, vehicle, or aircraft
2released to the owner. Where the State has made such showing,
3the Court may order the vessel or watercraft, vehicle, or
4aircraft destroyed or may order it forfeited to any local,
5municipal or county law enforcement agency, or the Department
6of State Police or the Department of Revenue of the State of
7Illinois.
8    (g) A copy of the order shall be filed with the law
9enforcement agency, and with each Federal or State office or
10agency with which such vessel or watercraft, vehicle, or
11aircraft is required to be registered. Such order, when filed,
12constitutes authority for the issuance of clear title to such
13vessel or watercraft, vehicle, or aircraft, to the department
14or agency to whom it is delivered or any purchaser thereof. The
15law enforcement agency shall comply promptly with instructions
16to remit received from the State's Attorney or Attorney General
17in accordance with Sections 36-2(a) or 36-3.
18    (h) The proceeds of any sale at public auction pursuant to
19Section 36-2 of this Act, after payment of all liens and
20deduction of the reasonable charges and expenses incurred by
21the State's Attorney's Office shall be paid to the law
22enforcement agency having seized the vehicle for forfeiture.
23(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
2499-78, eff. 7-20-15.)
 
25    (Text of Section after amendment by P.A. 100-512)

 

 

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1    Sec. 36-2. Complaint for forfeiture.
2    (a) If the State's Attorney of in the county in which such
3seizure occurs finds that the alleged violation of law giving
4rise to the seizure was incurred without willful negligence or
5without any intention on the part of the owner of the vessel or
6watercraft, vehicle or aircraft or any person whose right,
7title or interest is of record as described in Section 36-1 of
8this Article, to violate the law, or finds the existence of
9such mitigating circumstances as to justify remission of the
10forfeiture, he or she may cause the law enforcement agency
11having custody of the property to return the property to the
12owner within a reasonable time not to exceed 7 days. The
13State's Attorney shall exercise his or her discretion under
14this subsection (a) prior to or promptly after the preliminary
15review under Section 36-1.5.
16    (b) If, after review of the facts surrounding the seizure,
17the State's Attorney is of the opinion that the seized property
18is subject to forfeiture and the State's Attorney does not
19cause the forfeiture to be remitted under subsection (a) of
20this Section, he or she shall forthwith bring an action for
21forfeiture in the circuit court Circuit Court within whose
22jurisdiction the seizure and confiscation has taken place by
23filing a verified complaint for of forfeiture in the circuit
24court within whose jurisdiction the seizure occurred, or within
25whose jurisdiction an act or omission giving rise to the
26seizure occurred, subject to Supreme Court Rule 187. The

 

 

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1complaint shall be filed as soon as practicable but not later
2less than 28 days after the State's Attorney receives notice
3from the seizing agency as provided a finding of probable cause
4at a preliminary review under Section 36-1.4 36-1.5 of this
5Article. A complaint of forfeiture shall include:
6        (1) a description of the property seized;
7        (2) the date and place of seizure of the property;
8        (3) the name and address of the law enforcement agency
9    making the seizure; and
10        (4) the specific statutory and factual grounds for the
11    seizure.
12    The complaint shall be served upon each person whose right,
13title, or interest is of record in the office of the Secretary
14of State, the Secretary of Transportation, the Administrator of
15the Federal Aviation Agency, or any other department of this
16State, or any other state of the United States if the vessel or
17watercraft, vehicle, or aircraft is required to be so
18registered, as the case may be, the person from whom the
19property was seized, and all persons known or reasonably
20believed by the State to claim an interest in the property, as
21provided in this Article. The complaint shall be accompanied by
22the following written notice:
23    "This is a civil court proceeding subject to the Code of
24Civil Procedure. You received this Complaint of Forfeiture
25because the State's Attorney's office has brought a legal
26action seeking forfeiture of your seized property. This

 

 

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1complaint starts the court process where the State seeks to
2prove that your property should be forfeited and not returned
3to you. This process is also your opportunity to try to prove
4to a judge that you should get your property back. The
5complaint lists the date, time, and location of your first
6court date. You must appear in court on that day, or you may
7lose the case automatically. You must also file an appearance
8and answer. If you are unable to pay the appearance fee, you
9may qualify to have the fee waived. If there is a criminal case
10related to the seizure of your property, your case may be set
11for trial after the criminal case has been resolved. Before
12trial, the judge may allow discovery, where the State can ask
13you to respond in writing to questions and give them certain
14documents, and you can make similar requests of the State. The
15trial is your opportunity to explain what happened when your
16property was seized and why you should get the property back."
17    (c) (Blank).
18    (d) (Blank).
19    (e) (Blank).
20    (f) (Blank).
21    (g) (Blank).
22    (h) (Blank).
23(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
24    (720 ILCS 5/36-2.1)
25    (This Section may contain text from a Public Act with a

 

 

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1delayed effective date)
2    Sec. 36-2.1. Notice to owner or interest holder. The first
3attempted service of notice shall be commenced within 28 days
4of the receipt of the notice from the seizing agency by Form
5the form 4-64. If the property seized is a conveyance, notice
6shall also be directed to the address reflected in the office
7of the agency or official in which title to or interest in to
8the conveyance is required by law to be recorded. A complaint
9for forfeiture shall be served upon the property owner or
10interest holder in the following manner:
11        (1) If the owner's or interest holder's name and
12    current address are known, then by either:
13            (A) personal service; or
14            (B) mailing a copy of the notice by certified mail,
15        return receipt requested, and first class mail, to that
16        address.
17                (i) If notice is sent by certified mail and no
18            signed return receipt is received by the State's
19            Attorney within 28 days of mailing, and no
20            communication from the owner or interest holder is
21            received by the State's Attorney documenting
22            actual notice by said parties, the State's
23            Attorney shall, within a reasonable period of
24            time, mail a second copy of the notice by certified
25            mail, return receipt requested, and first class
26            mail, to that address.

 

 

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

 

 

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1        be effective on an owner or interest holder on the date
2        of receipt by the State's Attorney of a returned return
3        receipt requested, or on the date of receipt of a
4        communication from an owner or interest holder
5        documenting actual notice, whichever is first in time,
6        or on the date of the last act performed by the State's
7        Attorney in attempting personal service under item
8        (ii) of this paragraph (1). If notice is to be shown by
9        actual notice from communication with a claimant, then
10        the State's Attorney shall file an affidavit providing
11        details of the communication, which shall be accepted
12        as sufficient proof of service by the court.
13            For purposes of notice under this Section, if a
14        person has been arrested for the conduct giving rise to
15        the forfeiture, the address provided to the arresting
16        agency at the time of arrest shall be deemed to be that
17        person's known address. Provided, however, if an owner
18        or interest holder's address changes prior to the
19        effective date of the complaint for forfeiture, the
20        owner or interest holder shall promptly notify the
21        seizing agency of the change in address or, if the
22        owner or interest holder's address changes subsequent
23        to the effective date of the notice of pending
24        forfeiture, the owner or interest holder shall
25        promptly notify the State's Attorney of the change in
26        address; or if the property seized is a conveyance, to

 

 

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1        the address reflected in the office of the agency or
2        official in which title to or interest in to the
3        conveyance is required by law to be recorded.
4        (2) If the owner's or interest holder's address is not
5    known, and is not on record, then notice shall be served by
6    publication for 3 successive weeks in a newspaper of
7    general circulation in the county in which the seizure
8    occurred.
9        (3) Notice to any business entity, corporation,
10    limited liability company, limited liability partnership
11    LLC, LLP, or partnership shall be completed complete by a
12    single mailing of a copy of the notice by certified mail,
13    return receipt requested, and first class mail, to that
14    address. This notice is complete regardless of the return
15    of a signed "return receipt requested".
16        (4) Notice to a person whose address is not within the
17    State shall be completed complete by a single mailing of a
18    copy of the notice by certified mail, return receipt
19    requested, and first class mail, to that address. This
20    notice is complete regardless of the return of a signed
21    "return receipt requested".
22        (5) Notice to a person whose address is not within the
23    United States shall be completed complete by a single
24    mailing of a copy of the notice by certified mail, return
25    receipt requested, and first class mail, to that address.
26    This notice shall be complete regardless of the return of a

 

 

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1    signed "return receipt requested". If certified mail is not
2    available in the foreign country where the person has an
3    address, then notice shall proceed by publication under
4    paragraph (2) of this Section.
5        (6) Notice to any person whom the State's Attorney
6    reasonably should know is incarcerated within the State
7    shall also include the mailing a copy of the notice by
8    certified mail, return receipt requested, and first class
9    mail, to the address of the detention facility with the
10    inmate's name clearly marked on the envelope.
11(Source: P.A. 100-512, eff. 7-1-18.)
 
12    (720 ILCS 5/36-2.2)
13    (This Section may contain text from a Public Act with a
14delayed effective date)
15    Sec. 36-2.2. Replevin prohibited; return of personal
16property inside seized conveyance.
17    (a) Property seized under this Article shall not be subject
18to replevin, but is deemed to be in the custody of the Director
19of State Police, subject only to the order and judgments of the
20circuit court having jurisdiction over the forfeiture
21proceedings and the decisions of the State's Attorney.
22    (b) A claimant or a party interested in personal property
23contained within a seized conveyance may file a motion with the
24court in a judicial forfeiture action for the return of any
25personal property contained within a conveyance seized under

 

 

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1this Article. The return of personal property shall not be
2unreasonably withheld if the personal property is not
3mechanically or electrically coupled to the conveyance, needed
4for evidentiary purposes, or otherwise contraband. A law
5enforcement agency that returns property under a court order
6under this Section shall not be liable to any person who claims
7ownership to the property if the property is returned to an
8improper party.
9(Source: P.A. 100-512, eff. 7-1-18.)
 
10    (720 ILCS 5/36-2.5)
11    (This Section may contain text from a Public Act with a
12delayed effective date)
13    Sec. 36-2.5. Judicial in rem procedures.
14    (a) The laws of evidence relating to civil actions shall
15apply to judicial in rem proceedings under this Article.
16    (b) Only an owner of or interest holder in the property may
17file an answer asserting a claim against the property in the
18action in rem. For purposes of this Section, the owner or
19interest holder shall be referred to as claimant. A person not
20named in the forfeiture complaint who claims to have an
21interest in the property may petition to intervene as a
22claimant under Section 2-408 of the Code of Civil Procedure.
23    (c) The answer shall be filed with the court within 45 days
24after service of the civil in rem complaint.
25    (d) The trial shall be held within 60 days after filing of

 

 

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1the answer unless continued for good cause.
2    (e) In its case in chief, the State shall show by a
3preponderance of the evidence that:
4        (1) the property is subject to forfeiture; and
5        (2) at least one of the following:
6            (i) the claimant knew or should have known that the
7        conduct was likely to occur; or
8            (ii) the claimant is not the true owner of the
9        property that is subject to forfeiture.
10    In any forfeiture case under this Article, a claimant may
11present evidence to overcome evidence presented by the State
12that the property is subject to forfeiture.
13    (f) Notwithstanding any other provision of this Section,
14the State's burden of proof at the trial of the forfeiture
15action shall be by clear and convincing evidence if:
16        (1) a finding of not guilty is entered as to all counts
17    and all defendants in a criminal proceeding relating to the
18    conduct giving rise to the forfeiture action; or
19        (2) the State receives an adverse finding at a
20    preliminary hearing and fails to secure an indictment in a
21    criminal proceeding related to the factual allegations of
22    the forfeiture action.
23    (g) If the State does not meet its burden of proof, the
24court shall order the interest in the property returned or
25conveyed to the claimant and shall order all other property in
26which the State does meet its burden of proof forfeited to the

 

 

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1State. If the State does meet its burden of proof, the court
2shall order all property forfeited to the State.
3    (h) A defendant convicted in any criminal proceeding is
4precluded from later denying the essential allegations of the
5criminal offense of which the defendant was convicted in any
6proceeding under this Article regardless of the pendency of an
7appeal from that conviction. However, evidence of the pendency
8of an appeal is admissible.
9    (i) An acquittal or dismissal in a criminal proceeding
10shall not preclude civil proceedings under this Act; however,
11for good cause shown, on a motion by either party, the court
12may stay civil forfeiture proceedings during the criminal trial
13for a related criminal indictment or information alleging a
14violation of law authorizing forfeiture under Section 36-1 of
15this Article.
16    (j) Title to all property declared forfeited under this Act
17vests in this State on the commission of the conduct giving
18rise to forfeiture together with the proceeds of the property
19after that time. Except as otherwise provided in this Article,
20any property or proceeds subsequently transferred to any person
21remain subject to forfeiture unless a person to whom the
22property was transferred makes an appropriate claim under or
23has the their claim adjudicated at the judicial in rem hearing.
24    (k) No property shall be forfeited under this Article from
25a person who, without actual or constructive notice that the
26property was the subject of forfeiture proceedings, obtained

 

 

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1possession of the property as a bona fide purchaser for value.
2A person who purports to transfer property after receiving
3actual or constructive notice that the property is subject to
4seizure or forfeiture is guilty of contempt of court, and shall
5be liable to the State for a penalty in the amount of the fair
6market value of the property.
7    (l) A civil action under this Article shall be commenced
8within 5 years after the last conduct giving rise to forfeiture
9became known or should have become known or 5 years after the
10forfeitable property is discovered, whichever is later,
11excluding any time during which either the property or claimant
12is out of the State or in confinement or during which criminal
13proceedings relating to the same conduct are in progress.
14    (m) If property is ordered forfeited under this Article
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(Source: P.A. 100-512, eff. 7-1-18.)
 
20    (720 ILCS 5/36-2.7)
21    (This Section may contain text from a Public Act with a
22delayed effective date)
23    Sec. 36-2.7. Innocent owner hearing.
24    (a) After a complaint for forfeiture has been filed and all
25claimants have appeared and answered, a claimant may file a

 

 

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1motion with the court for an innocent owner hearing prior to
2trial. This motion shall be made and supported by sworn
3affidavit and shall assert the following along with specific
4facts that which support each assertion:
5        (1) that the claimant filing the motion is the true
6    owner of the conveyance as interpreted by case law; and
7        (2) that the claimant did not know or did not have
8    reason to know the conduct giving rise to the forfeiture
9    was likely to occur.
10    (b) The claimant's motion claimant shall include specific
11facts that which support these assertions in their motion.
12    (b) (c) Upon the filing, a hearing may only be conducted
13after the parties have been given the opportunity to conduct
14limited discovery as to the ownership and control of the
15property, the claimant's knowledge, or any matter relevant to
16the issues raised or facts alleged in the claimant's motion.
17Discovery shall be limited to the People's requests in these
18areas but may proceed by any means allowed in the Code of Civil
19Procedure.
20    (c) (d) After discovery is complete and the court has
21allowed for sufficient time to review and investigate the
22discovery responses, the court shall conduct a hearing. At the
23hearing, the fact that the conveyance is subject to forfeiture
24shall not be at issue. The court shall only hear evidence
25relating to the issue of innocent ownership.
26    (d) (e) At the hearing on the motion, the claimant shall

 

 

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1bear the burden of proving each of the assertions listed in
2subsection (a) of this Section by a preponderance of the
3evidence. (f) If a claimant meets the their burden of proof,
4the court shall grant the motion and order the conveyance
5returned to the claimant. If the claimant fails to meet the
6their burden of proof, the court shall deny the motion and the
7forfeiture case shall proceed according to the Code Rules of
8Civil Procedure.
9(Source: P.A. 100-512, eff. 7-1-18.)
 
10    (720 ILCS 5/36-7)
11    (This Section may contain text from a Public Act with a
12delayed effective date)
13    Sec. 36-7. Distribution of proceeds; selling or retaining
14seized property prohibited.
15    (a) Except as otherwise provided in this Section, the court
16shall order that property forfeited under this Article be
17delivered to the Department of State Police within 60 days.
18    (b) The Department of State Police or its designee shall
19dispose of all property at public auction and shall distribute
20the proceeds of the sale, together with any moneys forfeited or
21seized, under subsection (c) of this Section.
22    (c) All moneys monies and the sale proceeds of all other
23property forfeited and seized under this Act shall be
24distributed as follows:
25        (1) 65% shall be distributed to the drug task force,

 

 

SB0564 Engrossed- 171 -LRB100 04874 RLC 14884 b

1    metropolitan enforcement group, local, municipal, county,
2    or State state law enforcement agency or agencies that
3    which conducted or participated in the investigation
4    resulting in the forfeiture. The distribution shall bear a
5    reasonable relationship to the degree of direct
6    participation of the law enforcement agency in the effort
7    resulting in the forfeiture, taking into account the total
8    value of the property forfeited and the total law
9    enforcement effort with respect to the violation of the law
10    upon which the forfeiture is based. Amounts distributed to
11    the agency or agencies shall be used, at the discretion of
12    the agency, for the enforcement of criminal laws; or for
13    public education in the community or schools in the
14    prevention or detection of the abuse of drugs or alcohol;
15    or for security cameras used for the prevention or
16    detection of violence, except that amounts distributed to
17    the Secretary of State shall be deposited into the
18    Secretary of State Evidence Fund to be used as provided in
19    Section 2-115 of the Illinois Vehicle Code.
20        Any local, municipal, or county law enforcement agency
21    entitled to receive a monetary distribution of forfeiture
22    proceeds may share those forfeiture proceeds pursuant to
23    the terms of an intergovernmental agreement with a
24    municipality that has a population in excess of 20,000 if:
25            (A) the receiving agency has entered into an
26        intergovernmental agreement with the municipality to

 

 

SB0564 Engrossed- 172 -LRB100 04874 RLC 14884 b

1        provide police services;
2            (B) the intergovernmental agreement for police
3        services provides for consideration in an amount of not
4        less than $1,000,000 per year;
5            (C) the seizure took place within the geographical
6        limits of the municipality; and
7            (D) the funds are used only for the enforcement of
8        criminal laws; for public education in the community or
9        schools in the prevention or detection of the abuse of
10        drugs or alcohol; or for security cameras used for the
11        prevention or detection of violence or the
12        establishment of a municipal police force, including
13        the training of officers, construction of a police
14        station, the purchase of law enforcement equipment, or
15        vehicles.
16        (2) 12.5% shall be distributed to the Office of the
17    State's Attorney of the county in which the prosecution
18    resulting in the forfeiture was instituted, deposited in a
19    special fund in the county treasury and appropriated to the
20    State's Attorney for use, at the discretion of the State's
21    Attorney, in the enforcement of criminal laws; or for
22    public education in the community or schools in the
23    prevention or detection of the abuse of drugs or alcohol;
24    or at the discretion of the State's Attorney, in addition
25    to other authorized purposes, to make grants to local
26    substance abuse treatment facilities and half-way houses.

 

 

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1    In counties over 3,000,000 population, 25% will be
2    distributed to the Office of the State's Attorney for use,
3    at the discretion of the State's Attorney, in the
4    enforcement of criminal laws; or for public education in
5    the community or schools in the prevention or detection of
6    the abuse of drugs or alcohol; or at the discretion of the
7    State's Attorney, in addition to other authorized
8    purposes, to make grants to local substance abuse treatment
9    facilities and half-way houses. If the prosecution is
10    undertaken solely by the Attorney General, the portion
11    provided shall be distributed to the Attorney General for
12    use in the enforcement of criminal laws governing cannabis
13    and controlled substances or for public education in the
14    community or schools in the prevention or detection of the
15    abuse of drugs or alcohol.
16        12.5% shall be distributed to the Office of the State's
17    Attorneys Appellate Prosecutor and shall be used at the
18    discretion of the State's Attorneys Appellate Prosecutor
19    for additional expenses incurred in the investigation,
20    prosecution and appeal of cases arising in the enforcement
21    of criminal laws; or for public education in the community
22    or schools in the prevention or detection of the abuse of
23    drugs or alcohol. The Office of the State's Attorneys
24    Appellate Prosecutor shall not receive distribution from
25    cases brought in counties with over 3,000,000 population.
26        (3) 10% shall be retained by the Department of State

 

 

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1    Police for expenses related to the administration and sale
2    of seized and forfeited property.
3    (d) A law enforcement agency shall not retain forfeited
4property for its own use or transfer the property to any person
5or entity, except as provided under this Section. A law
6enforcement agency may apply in writing to the Director of
7State Police to request that a forfeited property be awarded to
8the agency for a specifically articulated official law
9enforcement use in an investigation. The Director of State
10Police shall provide a written justification in each instance
11detailing the reasons why the forfeited property was placed
12into official use, and the justification shall be retained for
13a period of not less than 3 years.
14(Source: P.A. 100-512, eff. 7-1-18.)
 
15    (720 ILCS 5/36-10 new)
16    Sec. 36-10. Applicability; savings clause.
17    (a) The changes made to this Article by Public Act 100-0512
18and this amendatory Act of the 100th General Assembly only
19apply to property seized on and after July 1, 2018.
20    (b) The changes made to this Article by this amendatory Act
21of the 100th General Assembly are subject to Section 4 of the
22Statute on Statutes.
 
23    Section 25. The Cannabis Control Act is amended by changing
24Section 12 as follows:
 

 

 

SB0564 Engrossed- 175 -LRB100 04874 RLC 14884 b

1    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
2    (Text of Section before amendment by P.A. 100-512)
3    Sec. 12. (a) The following are subject to forfeiture:
4        (1) all substances containing cannabis which have been
5    produced, manufactured, delivered, or possessed in
6    violation of this Act;
7        (2) all raw materials, products and equipment of any
8    kind which are produced, delivered, or possessed in
9    connection with any substance containing cannabis in
10    violation of this Act;
11        (3) all conveyances, including aircraft, vehicles or
12    vessels, which are used, or intended for use, to transport,
13    or in any manner to facilitate the transportation, sale,
14    receipt, possession, or concealment of property described
15    in paragraph (1) or (2) that constitutes a felony violation
16    of the Act, 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

 

 

SB0564 Engrossed- 176 -LRB100 04874 RLC 14884 b

1        his knowledge or consent;
2            (iii) a forfeiture of a conveyance encumbered by a
3        bona fide security interest is subject to the interest
4        of the secured party if he neither had knowledge of nor
5        consented to the act or omission;
6        (4) all money, things of value, books, records, and
7    research products and materials including formulas,
8    microfilm, tapes, and data which are used, or intended for
9    use in a felony violation of this Act;
10        (5) everything of value furnished or intended to be
11    furnished by any person in exchange for a substance in
12    violation of this Act, all proceeds traceable to such an
13    exchange, and all moneys, negotiable instruments, and
14    securities used, or intended to be used, to commit or in
15    any manner to facilitate any felony violation of this Act;
16        (6) all real property, including any right, title, and
17    interest including, but not limited to, any leasehold
18    interest or the beneficial interest to a land trust, in the
19    whole of any lot or tract of land and any appurtenances or
20    improvements, that is used or intended to be used to
21    facilitate the manufacture, distribution, sale, receipt,
22    or concealment of property described in paragraph (1) or
23    (2) of this subsection (a) that constitutes a felony
24    violation of more than 2,000 grams of a substance
25    containing cannabis or that is the proceeds of any felony
26    violation of this Act.

 

 

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1    (b) Property subject to forfeiture under this Act may be
2seized by the Director or any peace officer upon process or
3seizure warrant issued by any court having jurisdiction over
4the property. Seizure by the Director or any peace officer
5without process may be made:
6        (1) 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 or the Drug Asset Forfeiture
10    Procedure Act;
11        (2) if there is probable cause to believe that the
12    property is directly or indirectly dangerous to health or
13    safety;
14        (3) if there is probable cause to believe that the
15    property is subject to forfeiture under this Act and the
16    property is seized under circumstances in which a
17    warrantless seizure or arrest would be reasonable; or
18        (4) in accordance with the Code of Criminal Procedure
19    of 1963.
20    (c) In the event of seizure pursuant to subsection (b),
21notice shall be given forthwith to all known interest holders
22that forfeiture proceedings, including a preliminary review,
23shall be instituted in accordance with the Drug Asset
24Forfeiture Procedure Act and such proceedings shall thereafter
25be instituted in accordance with that Act. Upon a showing of
26good cause, the notice required for a preliminary review under

 

 

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

 

 

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1        (5) place the property under constructive seizure by
2    posting notice of pending forfeiture on it, by giving
3    notice of pending forfeiture to its owners and interest
4    holders, or by filing notice of pending forfeiture in any
5    appropriate public record relating to the property; or
6        (6) provide for another agency or custodian, including
7    an owner, secured party, or lienholder, to take custody of
8    the property upon the terms and conditions set by the
9    Director.
10    (e) No disposition may be made of property under seal until
11the time for taking an appeal has elapsed or until all appeals
12have been concluded unless a court, upon application therefor,
13orders the sale of perishable substances and the deposit of the
14proceeds of the sale with the court.
15    (f) When property is forfeited under this Act the Director
16shall sell all such property unless such property is required
17by law to be destroyed or is harmful to the public, and shall
18distribute the proceeds of the sale, together with any moneys
19forfeited or seized, in accordance with subsection (g).
20However, 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 cannabis or controlled
26substances, if the agency or prosecutor can demonstrate that

 

 

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1the item requested would be useful to the agency or prosecutor
2in their enforcement efforts. When any forfeited conveyance,
3including an aircraft, vehicle, or vessel, is returned to the
4seizing agency or prosecutor, the conveyance may be used
5immediately in the enforcement of the criminal laws of this
6State. Upon disposal, all proceeds from the sale of the
7conveyance must be used for drug enforcement purposes. When any
8real property returned to the seizing agency is sold by the
9agency or its unit of government, the proceeds of the sale
10shall be delivered to the Director and distributed in
11accordance with subsection (g).
12    (g) All monies and the sale proceeds of all other property
13forfeited and seized under this Act shall be distributed as
14follows:
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

 

 

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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,
5    except that amounts distributed to the Secretary of State
6    shall be deposited into the Secretary of State Evidence
7    Fund to be used as provided in Section 2-115 of the
8    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

 

 

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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 cannabis and controlled substances; for public
13    education in the community or schools in the prevention or
14    detection of the abuse of drugs or alcohol; or at the
15    discretion of the State's Attorney, in addition to other
16    authorized purposes, to make grants to local substance
17    abuse treatment facilities and half-way houses. In
18    counties over 3,000,000 population, 25% will be
19    distributed to the Office of the State's Attorney for use
20    in the enforcement of laws governing cannabis and
21    controlled substances; for public education in the
22    community or schools in the prevention or detection of the
23    abuse of drugs or alcohol; or at the discretion of the
24    State's Attorney, in addition to other authorized
25    purposes, to make grants to local substance abuse treatment
26    facilities and half-way houses. If the prosecution is

 

 

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1    undertaken solely by the Attorney General, the portion
2    provided hereunder shall be distributed to the Attorney
3    General for use in the enforcement of laws governing
4    cannabis and controlled substances.
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(Source: P.A. 99-686, eff. 7-29-16.)
 
20    (Text of Section after amendment by P.A. 100-512)
21    Sec. 12. (a) The following are subject to forfeiture:
22        (1) (blank);
23        (2) all raw materials, products, and equipment of any
24    kind which are produced, delivered, or possessed in
25    connection with any substance containing cannabis in a

 

 

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

 

 

SB0564 Engrossed- 185 -LRB100 04874 RLC 14884 b

1        (5) everything of value furnished or intended to be
2    furnished by any person in exchange for a substance in
3    violation of this Act, all proceeds traceable to such an
4    exchange, and all moneys, negotiable instruments, and
5    securities used, or intended to be used, to commit or in
6    any manner to facilitate any felony violation of this Act;
7        (6) all real property, including any right, title, and
8    interest including, but not limited to, any leasehold
9    interest or the beneficial interest in to a land trust, in
10    the whole of any lot or tract of land and any appurtenances
11    or improvements, that is used or intended to be used to
12    facilitate the manufacture, distribution, sale, receipt,
13    or concealment of a substance containing cannabis or
14    property described in paragraph (2) of this subsection (a)
15    that constitutes a felony violation of this Act involving
16    more than 2,000 grams of a substance containing cannabis or
17    that is the proceeds of any felony violation of this Act.
18    (b) Property subject to forfeiture under this Act may be
19seized under the Drug Asset Forfeiture Procedure Act. In the
20event of seizure, forfeiture proceedings shall be instituted
21under the Drug Asset Forfeiture Procedure Act.
22    (c) Forfeiture under this Act is subject to subject to an
238th Amendment amendment to the United States Constitution
24disproportionate penalties analysis as provided under Section
259.5 of the Drug Asset Forfeiture Procedure Act.
26    (c-1) With regard to possession of cannabis offenses only,

 

 

SB0564 Engrossed- 186 -LRB100 04874 RLC 14884 b

1a sum of currency with a value of less than $500 shall not be
2subject to forfeiture under this Act. For all other offenses
3under this Act, a sum of currency with a value of less than
4$100 shall not be subject to forfeiture under this Act. In
5seizures of currency in excess of these amounts, this Section
6shall not create an exemption for these amounts.
7    (d) (Blank).
8    (e) (Blank).
9    (f) (Blank).
10    (g) (Blank).
11    (h) Contraband, including cannabis possessed without
12authorization under State or federal law, is not subject to
13forfeiture. No property right exists in contraband. Contraband
14is subject to seizure and shall be disposed of according to
15State law.
16    (i) The changes made to this Section by Public Act 100-0512
17and this amendatory Act of the 100th General Assembly only
18apply to property seized on and after July 1, 2018.
19    (j) The changes made to this Section by this amendatory Act
20of the 100th General Assembly are subject to Section 4 of the
21Statute on Statutes.
22(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
 
23    Section 30. The Illinois Controlled Substances Act is
24amended by changing Section 505 as follows:
 

 

 

SB0564 Engrossed- 187 -LRB100 04874 RLC 14884 b

1    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
2    (Text of Section before amendment by P.A. 100-512)
3    Sec. 505. (a) The following are subject to forfeiture:
4        (1) all substances which have been manufactured,
5    distributed, dispensed, or possessed in violation of this
6    Act;
7        (2) all raw materials, products and equipment of any
8    kind which are used, or intended for use in manufacturing,
9    distributing, dispensing, administering or possessing any
10    substance in violation of this Act;
11        (3) all conveyances, including aircraft, vehicles or
12    vessels, which are used, or intended for use, to transport,
13    or in any manner to facilitate the transportation, sale,
14    receipt, possession, or concealment of property described
15    in paragraphs (1) and (2), but:
16            (i) no conveyance used by any person as a common
17        carrier in the transaction of business as a common
18        carrier is subject to forfeiture under this Section
19        unless it appears that the owner or other person in
20        charge of the conveyance is a consenting party or privy
21        to a violation of this Act;
22            (ii) no conveyance is subject to forfeiture under
23        this Section by reason of any act or omission which the
24        owner proves to have been committed or omitted without
25        his or her knowledge or consent;
26            (iii) a forfeiture of a conveyance encumbered by a

 

 

SB0564 Engrossed- 188 -LRB100 04874 RLC 14884 b

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

 

 

SB0564 Engrossed- 189 -LRB100 04874 RLC 14884 b

1the property. Seizure by the Director or any peace officer
2without process may be made:
3        (1) if the seizure is incident to inspection under an
4    administrative inspection warrant;
5        (2) if the property subject to seizure has been the
6    subject of a prior judgment in favor of the State in a
7    criminal proceeding, or in an injunction or forfeiture
8    proceeding based upon this Act or the Drug Asset Forfeiture
9    Procedure 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 this Act and the
15    property is seized under circumstances in which a
16    warrantless seizure or arrest would be reasonable; or
17        (5) in accordance with the Code of Criminal Procedure
18    of 1963.
19    (c) In the event of seizure pursuant to subsection (b),
20notice shall be given forthwith to all known interest holders
21that forfeiture proceedings, including a preliminary review,
22shall be instituted in accordance with the Drug Asset
23Forfeiture Procedure Act and such proceedings shall thereafter
24be instituted in accordance with that Act. Upon a showing of
25good cause, the notice required for a preliminary review under
26this Section may be postponed.

 

 

SB0564 Engrossed- 190 -LRB100 04874 RLC 14884 b

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

 

 

SB0564 Engrossed- 191 -LRB100 04874 RLC 14884 b

1    an owner, secured party, or lienholder, to take custody of
2    the property upon the terms and conditions set by the
3    Director.
4    (e) If the Department of Financial and Professional
5Regulation suspends or revokes a registration, all controlled
6substances owned or possessed by the registrant at the time of
7suspension or the effective date of the revocation order may be
8placed under seal by the Director. No disposition may be made
9of substances under seal until the time for taking an appeal
10has elapsed or until all appeals have been concluded unless a
11court, upon application therefor, orders the sale of perishable
12substances and the deposit of the proceeds of the sale with the
13court. Upon a suspension or revocation order becoming final,
14all substances may be forfeited to the Illinois State Police.
15    (f) When property is forfeited under this Act the Director
16shall sell all such property unless such property is required
17by law to be destroyed or is harmful to the public, and shall
18distribute the proceeds of the sale, together with any moneys
19forfeited or seized, in accordance with subsection (g).
20However, 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 cannabis or controlled
26substances, if the agency or prosecutor can demonstrate that

 

 

SB0564 Engrossed- 192 -LRB100 04874 RLC 14884 b

1the item requested would be useful to the agency or prosecutor
2in their enforcement efforts. When any forfeited conveyance,
3including an aircraft, vehicle, or vessel, is returned to the
4seizing agency or prosecutor, the conveyance may be used
5immediately in the enforcement of the criminal laws of this
6State. Upon disposal, all proceeds from the sale of the
7conveyance must be used for drug enforcement purposes. When any
8real property returned to the seizing agency is sold by the
9agency or its unit of government, the proceeds of the sale
10shall be delivered to the Director and distributed in
11accordance with subsection (g).
12    (g) All monies and the sale proceeds of all other property
13forfeited and seized under this Act shall be distributed as
14follows:
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

 

 

SB0564 Engrossed- 193 -LRB100 04874 RLC 14884 b

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,
5    except that amounts distributed to the Secretary of State
6    shall be deposited into the Secretary of State Evidence
7    Fund to be used as provided in Section 2-115 of the
8    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

 

 

SB0564 Engrossed- 194 -LRB100 04874 RLC 14884 b

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 cannabis and controlled substances; for public
13    education in the community or schools in the prevention or
14    detection of the abuse of drugs or alcohol; or at the
15    discretion of the State's Attorney, in addition to other
16    authorized purposes, to make grants to local substance
17    abuse treatment facilities and half-way houses. In
18    counties over 3,000,000 population, 25% will be
19    distributed to the Office of the State's Attorney for use
20    in the enforcement of laws governing cannabis and
21    controlled substances; for public education in the
22    community or schools in the prevention or detection of the
23    abuse of drugs or alcohol; or at the discretion of the
24    State's Attorney, in addition to other authorized
25    purposes, to make grants to local substance abuse treatment
26    facilities and half-way houses. If the prosecution is

 

 

SB0564 Engrossed- 195 -LRB100 04874 RLC 14884 b

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

 

 

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1occupancy or in control of land or premises upon which the
2species of plants are growing or being stored, to produce
3registration, or proof that he or she is the holder thereof,
4constitutes authority for the seizure and forfeiture of the
5plants.
6(Source: P.A. 99-686, eff. 7-29-16.)
 
7    (Text of Section after amendment by P.A. 100-512)
8    Sec. 505. (a) The following are subject to forfeiture:
9        (1) (blank);
10        (2) all raw materials, products, and equipment of any
11    kind which are used, or intended for use in manufacturing,
12    distributing, dispensing, administering or possessing any
13    substance in violation of this Act;
14        (3) all conveyances, including aircraft, vehicles, or
15    vessels, which are used, or intended for use, to transport,
16    or in any manner to facilitate the transportation, sale,
17    receipt, possession, or concealment of substances
18    manufactured, distributed, dispensed, or possessed in
19    violation of this Act, or property described in paragraph
20    paragraphs (2) of this subsection (a), but:
21            (i) no conveyance used by any person as a common
22        carrier in the transaction of business as a common
23        carrier is subject to forfeiture under this Section
24        unless it appears that the owner or other person in
25        charge of the conveyance is a consenting party or privy

 

 

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1        to a violation of this Act;
2            (ii) no conveyance is subject to forfeiture under
3        this Section by reason of any act or omission which the
4        owner proves to have been committed or omitted without
5        his or her knowledge or consent;
6            (iii) a forfeiture of a conveyance encumbered by a
7        bona fide security interest is subject to the interest
8        of the secured party if he or she neither had knowledge
9        of nor consented to the act or omission;
10        (4) all money, things of value, books, records, and
11    research products and materials including formulas,
12    microfilm, tapes, and data which are used, or intended to
13    be used in violation of this Act;
14        (5) everything of value furnished, or intended to be
15    furnished, in exchange for a substance in violation of this
16    Act, all proceeds traceable to such an exchange, and all
17    moneys, negotiable instruments, and securities used, or
18    intended to be used, to commit or in any manner to
19    facilitate any violation of this Act;
20        (6) all real property, including any right, title, and
21    interest (including, but not limited to, any leasehold
22    interest or the beneficial interest in a land trust) in the
23    whole of any lot or tract of land and any appurtenances or
24    improvements, which is used or intended to be used, in any
25    manner or part, to commit, or in any manner to facilitate
26    the commission of, any violation or act that constitutes a

 

 

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1    violation of Section 401 or 405 of this Act or that is the
2    proceeds of any violation or act that constitutes a
3    violation of Section 401 or 405 of this Act.
4    (b) Property subject to forfeiture under this Act may be
5seized under the Drug Asset Forfeiture Procedure Act. In the
6event of seizure, forfeiture proceedings shall be instituted
7under the Drug Asset Forfeiture Procedure Act.
8    (c) Forfeiture under this Act is subject to subject to an
98th Amendment amendment to the United States Constitution
10disproportionate penalties analysis as provided under Section
119.5 of the Drug Asset Forfeiture Procedure Act.
12    (d) With regard to possession of controlled substances
13offenses only, a sum of currency with a value of less than $500
14shall not be subject to forfeiture under this Act. For all
15other offenses under this Act, a sum of currency with a value
16of less than currency with a value of under $100 shall not be
17subject to forfeiture under this Act. In seizures of currency
18in excess of these amounts, this Section shall not create an
19exemption for these amounts.
20    (d-5) For felony offenses involving possession of
21controlled substances only, no property shall be subject to
22forfeiture under this Act because of the possession of less
23than 2 single unit doses of a controlled substance. This
24exemption shall not apply in instances when the possessor, or
25another person at the direction of the possessor, engaged in
26the destruction of any amount of a controlled substance. The

 

 

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1amount of a single unit dose shall be the State's burden to
2prove in its their case in chief.
3    (e) If the Department of Financial and Professional
4Regulation suspends or revokes a registration, all controlled
5substances owned or possessed by the registrant at the time of
6suspension or the effective date of the revocation order may be
7placed under seal by the Director. No disposition may be made
8of substances under seal until the time for taking an appeal
9has elapsed or until all appeals have been concluded unless a
10court, upon application therefor, orders the sale of perishable
11substances and the deposit of the proceeds of the sale with the
12court. Upon a suspension or revocation order becoming final,
13all substances are subject to seizure and forfeiture under the
14Drug Asset Forfeiture Procedure Act.
15    (f) (Blank).
16    (g) (Blank).
17    (h) (Blank).
18    (i) Contraband, including controlled substances possessed
19without authorization under State or federal law, is not
20subject to forfeiture. No property right exists in contraband.
21Contraband is subject to seizure and shall be disposed of
22according to State law.
23    (j) The changes made to this Section by Public Act 100-0512
24and this amendatory Act of the 100th General Assembly only
25apply to property seized on and after July 1, 2018.
26    (k) The changes made to this Section by this amendatory Act

 

 

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1of the 100th General Assembly are subject to Section 4 of the
2Statute on Statutes.
3(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
 
4    Section 35. The Methamphetamine Control and Community
5Protection Act is amended by changing Section 85 as follows:
 
6    (720 ILCS 646/85)
7    (Text of Section before amendment by P.A. 100-512)
8    Sec. 85. Forfeiture.
9    (a) The following are subject to forfeiture:
10        (1) all substances containing methamphetamine which
11    have been produced, manufactured, delivered, or possessed
12    in violation of this Act;
13        (2) all methamphetamine manufacturing materials which
14    have been produced, delivered, or possessed in connection
15    with any substance containing methamphetamine in violation
16    of this Act;
17        (3) all conveyances, including aircraft, vehicles or
18    vessels, which are used, or intended for use, to transport,
19    or in any manner to facilitate the transportation, sale,
20    receipt, possession, or concealment of property described
21    in paragraph (1) or (2) that constitutes a felony violation
22    of the Act, but:
23            (i) no conveyance used by any person as a common
24        carrier in the transaction of business as a common

 

 

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1        carrier is subject to forfeiture under this Section
2        unless it appears that the owner or other person in
3        charge of the conveyance is a consenting party or privy
4        to a violation of this Act;
5            (ii) no conveyance is subject to forfeiture under
6        this Section by reason of any act or omission which the
7        owner proves to have been committed or omitted without
8        his or her knowledge or consent;
9            (iii) a forfeiture of a conveyance encumbered by a
10        bona fide security interest is subject to the interest
11        of the secured party if he or she neither had knowledge
12        of nor consented to the act or omission;
13        (4) all money, things of value, books, records, and
14    research products and materials including formulas,
15    microfilm, tapes, and data which are used, or intended for
16    use in a felony violation of this Act;
17        (5) everything of value furnished or intended to be
18    furnished by any person in exchange for a substance in
19    violation of this Act, all proceeds traceable to such an
20    exchange, and all moneys, negotiable instruments, and
21    securities used, or intended to be used, to commit or in
22    any manner to facilitate any felony violation of this Act.
23        (6) all real property, including any right, title, and
24    interest (including, but not limited to, any leasehold
25    interest or the beneficial interest in a land trust) in the
26    whole of any lot or tract of land and any appurtenances or

 

 

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1    improvements, which is used, or intended to be used, in any
2    manner or part, to commit, or in any manner to facilitate
3    the commission of, any violation or act that constitutes a
4    violation of this Act or that is the proceeds of any
5    violation or act that constitutes a violation of this Act.
6    (b) Property subject to forfeiture under this Act may be
7seized by the Director or any peace officer upon process or
8seizure warrant issued by any court having jurisdiction over
9the property. Seizure by the Director or any peace officer
10without process may be made:
11        (1) if the property subject to seizure has been the
12    subject of a prior judgment in favor of the State in a
13    criminal proceeding or in an injunction or forfeiture
14    proceeding based upon this Act or the Drug Asset Forfeiture
15    Procedure