Sen. Don Harmon

Filed: 4/24/2018

 

 


 

 


 
10000SB0564sam001LRB100 04874 SLF 39019 a

1
AMENDMENT TO SENATE BILL 564

2    AMENDMENT NO. ______. Amend Senate Bill 564 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

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1        (3) the type of property seized, including a building,
2    vehicle, boat, cash, negotiable security, or firearm,
3    except reporting is not required for seizures of contraband
4    including alcohol, gambling devices, drug paraphernalia,
5    and controlled substances;
6        (4) a description of the property seized and the
7    estimated value of the property and if the property is a
8    conveyance, the description shall include the make, model,
9    year, and vehicle identification number or serial number;
10    and
11        (5) the location where the seizure occurred.
12    The filing requirement shall be met upon filing Illinois
13State Police Notice/Inventory of Seized Property (Form 4-64)
14the form 4-64 with the State's Attorney's Office in the county
15where the forfeiture action is being commenced or with the
16Attorney General's Office if the forfeiture action is being
17commenced by that office, and the forwarding of Form the form
184-64 upon approval of the State's Attorney's Office or the
19Attorney General's Office to the Department of State Police
20Asset Forfeiture Section. With regard to seizures for which
21Form form 4-64 is not required to be filed, the filing
22requirement shall be met by the filing of an annual summary
23report with the Department of State Police no later than 60
24days after December 31 of that year.
25    (b) Each law enforcement agency, including a drug task
26force or Metropolitan Enforcement Group (MEG) unit, that

 

 

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

 

 

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

 

 

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

 

 

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1    (f) Upon application by a law enforcement agency to the
2Department of State Police, the reporting of a particular asset
3forfeited under this Section may be delayed if the asset in
4question was seized from a person who has become a confidential
5informant under the agency's confidential informant policy, or
6if the asset was seized as part of an ongoing investigation.
7This delayed reporting shall be granted by the Department of
8State Police for a maximum period of 6 months if the
9confidential informant is still providing cooperation to law
10enforcement or the investigation is still ongoing, after which
11and at that time the asset shall be reported as required under
12this Act.
13    (g) The Department of State Police shall, on or before
14January 1, 2019, establish and implement the requirements of
15this Act. In order to implement the reporting and public
16database requirements under this Act, the Department of State
17Police Asset Forfeiture Section requires a one-time upgrade of
18its information technology software and hardware. This
19one-time upgrade shall be funded by a temporary allocation of
205% of all forfeited currency and 5% of the auction proceeds
21from each forfeited asset, which are to be distributed after
22the effective date of this Act. The Department of State Police
23shall transfer these funds at the time of distribution to a
24separate fund established by the Department of State Police.
25Moneys Monies deposited in this fund shall be accounted for and
26shall be used only to pay for the actual one-time cost of

 

 

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

 

 

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1provisions of this paragraph (2), other than this sentence, are
2inoperative on and after July 1, 2019.
3(Source: P.A. 100-512, eff. 7-1-18.)
 
4    (5 ILCS 810/15)
5    (This Section may contain text from a Public Act with a
6delayed effective date)
7    Sec. 15. Fund audits.
8    (a) The Auditor General shall conduct, as a part of its
92-year 2 year compliance audit, an audit of the State Asset
10Forfeiture Fund for compliance with the requirements of this
11Act. The audit shall include, but not be limited to, the
12following determinations:
13        (1) if detailed records of all receipts and
14    disbursements from the State Asset Forfeiture Fund are
15    being maintained;
16        (2) if administrative costs charged to the fund are
17    adequately documented and are reasonable; and
18        (3) if the procedures for making disbursements under
19    the Act are adequate.
20    (b) The Department of State Police, and any other entity or
21person that may have information relevant to the audit, shall
22cooperate fully and promptly with the Office of the Auditor
23General in conducting the audit. The Auditor General shall
24begin the audit during the next regular 2-year two year
25compliance audit of the Department of State Police and

 

 

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1distribute the report upon completion under Section 3-14 of the
2Illinois State Auditing Act.
3(Source: P.A. 100-512, eff. 7-1-18.)
 
4    (5 ILCS 810/20 new)
5    Sec. 20. Applicability. This Act and the changes made to
6this Act by this amendatory Act of the 100th General Assembly
7only apply to property seized on and after July 1, 2018.
 
8    Section 10. The Department of State Police Law of the Civil
9Administrative Code of Illinois is amended by changing Section
102605-585 as follows:
 
11    (20 ILCS 2605/2605-585)
12    Sec. 2605-585. Money Laundering Asset Recovery Fund.
13Moneys and the sale proceeds distributed to the Department of
14State Police under paragraph (3) of Section 29B-26 pursuant to
15clause (h)(6)(C) of Section 29B-1 of the Criminal Code of 1961
16or the Criminal Code of 2012 shall be deposited in a special
17fund in the State treasury to be known as the Money Laundering
18Asset Recovery Fund. The moneys deposited in the Money
19Laundering Asset Recovery Fund shall be appropriated to and
20administered by the Department of State Police for State law
21enforcement purposes.
22(Source: P.A. 96-1234, eff. 7-23-10; 97-1150, eff. 1-25-13.)
 

 

 

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1    Section 15. The Illinois Food, Drug and Cosmetic Act is
2amended by changing Section 3.23 as follows:
 
3    (410 ILCS 620/3.23)
4    (Text of Section before amendment by P.A. 100-512)
5    Sec. 3.23. Legend drug prohibition.
6    (a) In this Section:
7    "Legend drug" means a drug limited by the Federal Food,
8Drug and Cosmetic Act to being dispensed by or upon a medical
9practitioner's prescription because the drug is:
10        (1) habit forming;
11        (2) toxic or having potential for harm; or
12        (3) limited in use by the new drug application for the
13    drug to use only under a medical practitioner's
14    supervision.
15    "Medical practitioner" means any person licensed to
16practice medicine in all its branches in the State.
17    "Deliver" or "delivery" means the actual, constructive, or
18attempted transfer of possession of a legend drug, with or
19without consideration, whether or not there is an agency
20relationship.
21    "Manufacture" means the production, preparation,
22propagation, compounding, conversion, or processing of a
23legend drug, either directly or indirectly, by extraction from
24substances of natural origin, or independently by means of
25chemical synthesis, or by a combination of extraction and

 

 

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1chemical synthesis, and includes any packaging or repackaging
2of the substance or labeling of its container. "Manufacture"
3does not include:
4        (1) by an ultimate user, the preparation or compounding
5    of a legend drug for his own use; or
6        (2) by a medical practitioner, or his authorized agent
7    under his supervision, the preparation, compounding,
8    packaging, or labeling of a legend drug:
9            (A) as an incident to his administering or
10        dispensing of a legend drug in the course of his
11        professional practice; or
12            (B) as an incident to lawful research, teaching, or
13        chemical analysis and not for sale.
14    "Prescription" has the same meaning ascribed to it in
15Section 3 of the Pharmacy Practice Act.
16    (b) It is unlawful for any person to knowingly manufacture
17or deliver or possess with the intent to manufacture or deliver
18a legend drug of 6 or more pills, tablets, capsules, or caplets
19or 30 ml or more of a legend drug in liquid form who is not
20licensed by applicable law to prescribe or dispense legend
21drugs or is not an employee of the licensee operating in the
22normal course of business under the supervision of the
23licensee. Any person who violates this Section is guilty of a
24Class 3 felony, the fine for which shall not exceed $100,000. A
25person convicted of a second or subsequent violation of this
26Section is guilty of a Class 1 felony, the fine for which shall

 

 

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1not exceed $250,000.
2    (c) The following are subject to forfeiture:
3        (1) all substances that have been manufactured,
4    distributed, dispensed, or possessed in violation of this
5    Act;
6        (2) all raw materials, products, and equipment of any
7    kind which are used, or intended for use in manufacturing,
8    distributing, dispensing, administering, or possessing any
9    substance in violation of this Act;
10        (3) all conveyances, including aircraft, vehicles, or
11    vessels, which are used, or intended for use, to transport,
12    or in any manner to facilitate the transportation, sale,
13    receipt, possession, or concealment of property described
14    in items (1) and (2) of this subsection (c), but:
15            (A) no conveyance used by any person as a common
16        carrier in the transaction of business as a common
17        carrier is subject to forfeiture under this Section
18        unless it appears that the owner or other person in
19        charge of the conveyance is a consenting party or privy
20        to a violation of this Act;
21            (B) no conveyance is subject to forfeiture under
22        this Section by reason of any act or omission which the
23        owner proves to have been committed or omitted without
24        his knowledge or consent; and
25            (C) a forfeiture of a conveyance encumbered by a
26        bona fide security interest is subject to the interest

 

 

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1        of the secured party if he neither had knowledge of nor
2        consented to the act or omission;
3        (4) all money, things of value, books, records, and
4    research products and materials including formulas,
5    microfilm, tapes, and data that are used, or intended to be
6    used in violation of this Act;
7        (5) everything of value furnished, or intended to be
8    furnished, in exchange for a substance in violation of this
9    Act, all proceeds traceable to such an exchange, and all
10    moneys, negotiable instruments, and securities used, or
11    intended to be used, to commit or in any manner to
12    facilitate any violation of this Act; and
13        (6) all real property, including any right, title, and
14    interest, including, but not limited to, any leasehold
15    interest or the beneficial interest in a land trust, in the
16    whole of any lot or tract of land and any appurtenances or
17    improvements, which is used or intended to be used, in any
18    manner or part, to commit, or in any manner to facilitate
19    the commission of, any violation or act that constitutes a
20    violation of Section 33.1 of this Act or that is the
21    proceeds of any violation or act that constitutes a
22    violation of Section 33.1 of this Act.
23    (d) Property subject to forfeiture under this Act may be
24seized by the Director of the Department of State Police or any
25peace officer upon process or seizure warrant issued by any
26court having jurisdiction over the property. Seizure by the

 

 

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1Director of the Department of State Police 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    (e) In the event of seizure pursuant to subsection (c) of
20this Section, forfeiture proceedings shall be instituted in
21accordance with the Drug Asset Forfeiture Procedure Act.
22    (f) Property taken or detained under this Section shall not
23be subject to replevin, but is deemed to be in the custody of
24the Director of the Department of State Police subject only to
25the order and judgments of the circuit court having
26jurisdiction over the forfeiture proceedings and the decisions

 

 

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

 

 

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

 

 

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1the conveyance may be used immediately in the enforcement of
2the criminal laws of the State. Upon disposal, all proceeds
3from the sale of the conveyance must be used for drug
4enforcement purposes. If any real property returned to the
5seizing agency is sold by the agency or its unit of government,
6then the proceeds of the sale shall be delivered to the
7Director of the Department of State Police and distributed in
8accordance with subsection (i) of this Section.
9    (i) All moneys and the sale proceeds of all other property
10forfeited and seized under this Act shall be distributed as
11follows:
12        (1) 65% shall be distributed to the metropolitan
13    enforcement group, local, municipal, county, or State law
14    enforcement agency or agencies which conducted or
15    participated in the investigation resulting in the
16    forfeiture. The distribution shall bear a reasonable
17    relationship to the degree of direct participation of the
18    law enforcement agency in the effort resulting in the
19    forfeiture, taking into account the total value of the
20    property forfeited and the total law enforcement effort
21    with respect to the violation of the law upon which the
22    forfeiture is based. Amounts distributed to the agency or
23    agencies shall be used for the enforcement of laws.
24        (2) 12.5% shall be distributed to the Office of the
25    State's Attorney of the county in which the prosecution
26    resulting in the forfeiture was instituted, deposited in a

 

 

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1    special fund in the county treasury and appropriated to the
2    State's Attorney for use in the enforcement of laws. In
3    counties over 3,000,000 population, 25% will be
4    distributed to the Office of the State's Attorney for use
5    in the enforcement of laws governing cannabis and
6    controlled substances. If the prosecution is undertaken
7    solely by the Attorney General, the portion provided
8    hereunder shall be distributed to the Attorney General for
9    use in the enforcement of laws.
10        (3) 12.5% shall be distributed to the Office of the
11    State's Attorneys Appellate Prosecutor and deposited in a
12    separate fund of that office to be used for additional
13    expenses incurred in the investigation, prosecution and
14    appeal of cases. The Office of the State's Attorneys
15    Appellate Prosecutor shall not receive distribution from
16    cases brought in counties with over 3,000,000 population.
17        (4) 10% shall be retained by the Department of State
18    Police for expenses related to the administration and sale
19    of seized and forfeited property.
20(Source: P.A. 96-573, eff. 8-18-09.)
 
21    (Text of Section after amendment by P.A. 100-512)
22    Sec. 3.23. Legend drug prohibition.
23    (a) In this Section:
24    "Legend drug" means a drug limited by the Federal Food,
25Drug and Cosmetic Act to being dispensed by or upon a medical

 

 

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

 

 

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

 

 

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

 

 

10000SB0564sam001- 22 -LRB100 04874 SLF 39019 a

1    all moneys, negotiable instruments, and securities used,
2    or intended to be used, to commit or in any manner to
3    facilitate any violation of this Section; and
4        (6) all real property, including any right, title, and
5    interest, including, but not limited to, any leasehold
6    interest or the beneficial interest in a land trust, in the
7    whole of any lot or tract of land and any appurtenances or
8    improvements, which is used or intended to be used, in any
9    manner or part, to commit, or in any manner to facilitate
10    the commission of, any violation or act that constitutes a
11    violation of this Section or that is the proceeds of any
12    violation or act that constitutes a violation of this
13    Section.
14    (d) Property subject to forfeiture under this Act may be
15seized under the Drug Asset Forfeiture Procedure Act. In the
16event of seizure, forfeiture proceedings shall be instituted
17under the Drug Asset Forfeiture Procedure Act.
18    (e) Forfeiture under this Act is subject to an 8th
19Amendment amendment to the United States Constitution
20disproportionate penalties analysis as provided under Section
219.5 of the Drug Asset Forfeiture Procedure Act.
22    (f) With regard to possession of legend drug offenses only,
23a sum of currency with a value of less than $500 shall not be
24subject to forfeiture under this Act. For all other offenses
25under this Act, a sum of currency with a value of less than
26currency with a value of under $100 shall not be subject to

 

 

10000SB0564sam001- 23 -LRB100 04874 SLF 39019 a

1forfeiture under this Act. In seizures of currency in excess of
2these amounts, this Section shall not create an exemption for
3these amounts.
4    (f-5) For felony offenses involving possession of legend
5drug only, no property shall be subject to forfeiture under
6this Act because of the possession of less than 2 single unit
7doses of a legend drug controlled substance. This exemption
8shall not apply in instances when the possessor, or another
9person at the direction of the possessor, is engaged in the
10destruction of any amount of a legend drug. The amount of a
11single unit dose shall be the State's burden to prove in its
12their case in chief.
13    (g) If the Department suspends or revokes a registration,
14all legend drugs owned or possessed by the registrant at the
15time of suspension or the effective date of the revocation
16order may be placed under seal. No disposition may be made of
17substances under seal until the time for taking an appeal has
18elapsed or until all appeals have been concluded unless a
19court, upon application therefor, orders the sale of perishable
20substances and the deposit of the proceeds of the sale with the
21court. Upon a revocation rule becoming final, all substances
22are subject to seizure and forfeiture under the Drug Asset
23Forfeiture Procedure Act.
24    (h) (Blank).
25    (i) (Blank).
26    (j) Contraband, including legend drugs possessed without a

 

 

10000SB0564sam001- 24 -LRB100 04874 SLF 39019 a

1prescription or other authorization under State or federal law,
2is not subject to forfeiture. No property right exists in
3contraband. Contraband is subject to seizure and shall be
4disposed of according to State law.
5    (k) The changes made to this Section by Public Act 100-0512
6and this amendatory Act of the 100th General Assembly only
7apply to property seized on and after July 1, 2018.
8(Source: P.A. 100-512, eff. 7-1-18.)
 
9    Section 20. The Criminal Code of 2012 is amended by
10changing Sections 17-10.6, 29B-1, 33G-6, 36-1.1, 36-1.3,
1136-1.4, 36-1.5, 36-2, 36-2.1, 36-2.2, 36-2.5, 36-2.7, and 36-7
12and by adding Sections 29B-0.5, 29B-2, 29B-3, 29B-4, 29B-5,
1329B-6, 29B-7, 29B-8, 29B-9, 29B-10, 29B-11, 29B-12, 29B-13,
1429B-14, 29B-15, 29B-16, 29B-17, 29B-18, 29B-19, 29B-20,
1529B-21, 29B-22, 29B-23, 29B-24, 29B-25, 29B-26, 29B-27, and
1636-10 as follows:
 
17    (720 ILCS 5/17-10.6)
18    (Text of Section before 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

 

 

10000SB0564sam001- 25 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 26 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 27 -LRB100 04874 SLF 39019 a

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

 

 

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

 

 

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

 

 

10000SB0564sam001- 30 -LRB100 04874 SLF 39019 a

1        is an element of the offense to be resolved by the
2        trier of fact as either exceeding or not exceeding
3        $500,000;
4            (G) exceeds $1,000,000, is a Class X felony; when a
5        charge of financial crime, the full value of which
6        exceeds $1,000,000, is brought, the value of the
7        financial crime involved is an element of the offense
8        to be resolved by the trier of fact as either exceeding
9        or not exceeding $1,000,000.
10        (2) A violation of subsection (f) is a Class 1 felony.
11        (3) A violation of subsection (h) is a Class 1 felony.
12        (4) A violation for subsection (i) is a Class X felony.
13    (k) A "financial crime" means an offense described in this
14Section.
15    (l) Period of limitations. The period of limitations for
16prosecution of any offense defined in this Section begins at
17the time when the last act in furtherance of the offense is
18committed.
19    (m) Forfeiture. Any violation of subdivision (2) of
20subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
21the remedies, procedures, and forfeiture as set forth in
22subsections (f) through (s) of Section 29B-1 of this Code.
23(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
24eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
25    (Text of Section after amendment by P.A. 100-512)

 

 

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1    Sec. 17-10.6. Financial institution fraud.
2    (a) Misappropriation of financial institution property. A
3person commits misappropriation of a financial institution's
4property whenever he or she knowingly obtains or exerts
5unauthorized control over any of the moneys, funds, credits,
6assets, securities, or other property owned by or under the
7custody or control of a financial institution, or under the
8custody or care of any agent, officer, director, or employee of
9such financial institution.
10    (b) Commercial bribery of a financial institution.
11        (1) A person commits commercial bribery of a financial
12    institution when he or she knowingly confers or offers or
13    agrees to confer any benefit upon any employee, agent, or
14    fiduciary without the consent of the latter's employer or
15    principal, with the intent to influence his or her conduct
16    in relation to his or her employer's or principal's
17    affairs.
18        (2) An employee, agent, or fiduciary of a financial
19    institution commits commercial bribery of a financial
20    institution when, without the consent of his or her
21    employer or principal, he or she knowingly solicits,
22    accepts, or agrees to accept any benefit from another
23    person upon an agreement or understanding that such benefit
24    will influence his or her conduct in relation to his or her
25    employer's or principal's affairs.
26    (c) Financial institution fraud. A person commits

 

 

10000SB0564sam001- 32 -LRB100 04874 SLF 39019 a

1financial institution fraud when he or she knowingly executes
2or attempts to execute a scheme or artifice:
3        (1) to defraud a financial institution; or
4        (2) to obtain any of the moneys, funds, credits,
5    assets, securities, or other property owned by or under the
6    custody or control of a financial institution, by means of
7    pretenses, representations, or promises he or she knows to
8    be false.
9    (d) Loan fraud. A person commits loan fraud when he or she
10knowingly, with intent to defraud, makes any false statement or
11report, or overvalues any land, property, or security, with the
12intent to influence in any way the action of a financial
13institution to act upon any application, advance, discount,
14purchase, purchase agreement, repurchase agreement,
15commitment, or loan, or any change or extension of any of the
16same, by renewal, deferment of action, or otherwise, or the
17acceptance, release, or substitution of security.
18    (e) Concealment of collateral. A person commits
19concealment of collateral when he or she, with intent to
20defraud, knowingly conceals, removes, disposes of, or converts
21to the person's own use or to that of another any property
22mortgaged or pledged to or held by a financial institution.
23    (f) Financial institution robbery. A person commits
24robbery when he or she knowingly, by force or threat of force,
25or by intimidation, takes, or attempts to take, from the person
26or presence of another, or obtains or attempts to obtain by

 

 

10000SB0564sam001- 33 -LRB100 04874 SLF 39019 a

1extortion, any property or money or any other thing of value
2belonging to, or in the care, custody, control, management, or
3possession of, a financial institution.
4    (g) Conspiracy to commit a financial crime.
5        (1) A person commits conspiracy to commit a financial
6    crime when, with the intent that any violation of this
7    Section be committed, he or she agrees with another person
8    to the commission of that offense.
9        (2) No person may be convicted of conspiracy to commit
10    a financial crime unless an overt act or acts in
11    furtherance of the agreement is alleged and proved to have
12    been committed by that person or by a co-conspirator and
13    the accused is a part of a common scheme or plan to engage
14    in the unlawful activity.
15        (3) It shall not be a defense to conspiracy to commit a
16    financial crime that the person or persons with whom the
17    accused is alleged to have conspired:
18            (A) has not been prosecuted or convicted;
19            (B) has been convicted of a different offense;
20            (C) is not amenable to justice;
21            (D) has been acquitted; or
22            (E) lacked the capacity to commit the offense.
23    (h) Continuing financial crimes enterprise. A person
24commits a continuing financial crimes enterprise when he or she
25knowingly, within an 18-month period, commits 3 or more
26separate offenses constituting any combination of the

 

 

10000SB0564sam001- 34 -LRB100 04874 SLF 39019 a

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

 

 

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1            any other felony offense under this Code; and
2            (B) with respect to the other persons within the
3        conspiracy, occupies a position of organizer,
4        supervisor, or financier or other position of
5        management.
6        (2) The person with whom the accused agreed to commit
7    the 3 or more offenses under this Section, or, if involving
8    a financial institution, any other felony offenses under
9    this Code, need not be the same person or persons for each
10    offense, as long as the accused was a part of the common
11    scheme or plan to engage in each of the 3 or more alleged
12    offenses.
13    (j) Sentence.
14        (1) Except as otherwise provided in this subsection, a
15    violation of this Section, the full value of which:
16            (A) does not exceed $500, is a Class A misdemeanor;
17            (B) does not exceed $500, and the person has been
18        previously convicted of a financial crime or any type
19        of theft, robbery, armed robbery, burglary,
20        residential burglary, possession of burglary tools, or
21        home invasion, is guilty of a Class 4 felony;
22            (C) exceeds $500 but does not exceed $10,000, is a
23        Class 3 felony;
24            (D) exceeds $10,000 but does not exceed $100,000,
25        is a Class 2 felony;
26            (E) exceeds $100,000 but does not exceed $500,000,

 

 

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1        is a Class 1 felony;
2            (F) exceeds $500,000 but does not exceed
3        $1,000,000, is a Class 1 non-probationable felony;
4        when a charge of financial crime, the full value of
5        which exceeds $500,000 but does not exceed $1,000,000,
6        is brought, the value of the financial crime involved
7        is an element of the offense to be resolved by the
8        trier of fact as either exceeding or not exceeding
9        $500,000;
10            (G) exceeds $1,000,000, is a Class X felony; when a
11        charge of financial crime, the full value of which
12        exceeds $1,000,000, is brought, the value of the
13        financial crime involved is an element of the offense
14        to be resolved by the trier of fact as either exceeding
15        or not exceeding $1,000,000.
16        (2) A violation of subsection (f) is a Class 1 felony.
17        (3) A violation of subsection (h) is a Class 1 felony.
18        (4) A violation for subsection (i) is a Class X felony.
19    (k) A "financial crime" means an offense described in this
20Section.
21    (l) Period of limitations. The period of limitations for
22prosecution of any offense defined in this Section begins at
23the time when the last act in furtherance of the offense is
24committed.
25    (m) Forfeiture. Any violation of subdivision (2) of
26subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to

 

 

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1the remedies, procedures, and forfeiture as set forth in
2Article 29B subsections (f) through (s) of Section 29B-1 of
3this Code.
4    Property seized or forfeited under this Section is subject
5to reporting under the Seizure and Forfeiture Reporting Act.
6(Source: P.A. 100-512, eff. 7-1-18.)
 
7    (720 ILCS 5/29B-0.5 new)
8    Sec. 29B-0.5. Definitions. In this Article:
9    "Conduct" or "conducts" includes, in addition to its
10ordinary meaning, initiating, concluding, or participating in
11initiating or concluding a transaction.
12    "Criminally derived property" means: (1) any property,
13real or personal, constituting or derived from proceeds
14obtained, directly or indirectly, from activity that
15constitutes a felony under State, federal, or foreign law; or
16(2) any property represented to be property constituting or
17derived from proceeds obtained, directly or indirectly, from
18activity that constitutes a felony under State, federal, or
19foreign law.
20    "Department" means the Department of State Police of this
21State or its successor agency.
22    "Director" means the Director of State Police or his or her
23designated agents.
24    "Financial institution" means any bank; saving and loan
25association; trust company; agency or branch of a foreign bank

 

 

10000SB0564sam001- 38 -LRB100 04874 SLF 39019 a

1in the United States; currency exchange; credit union; mortgage
2banking institution; pawnbroker; loan or finance company;
3operator of a credit card system; issuer, redeemer, or cashier
4of travelers checks, checks, or money orders; dealer in
5precious metals, stones, or jewels; broker or dealer in
6securities or commodities; investment banker; or investment
7company.
8    "Financial transaction" means a purchase, sale, loan,
9pledge, gift, transfer, delivery, or other disposition
10utilizing criminally derived property, and with respect to
11financial institutions, includes a deposit, withdrawal,
12transfer between accounts, exchange of currency, loan,
13extension of credit, purchase or sale of any stock, bond,
14certificate of deposit or other monetary instrument, use of
15safe deposit box, or any other payment, transfer or delivery
16by, through, or to a financial institution. "Financial
17transaction" also means a transaction which without regard to
18whether the funds, monetary instruments, or real or personal
19property involved in the transaction are criminally derived,
20any transaction which in any way or degree: (1) involves the
21movement of funds by wire or any other means; (2) involves one
22or more monetary instruments; or (3) the transfer of title to
23any real or personal property. The receipt by an attorney of
24bona fide fees for the purpose of legal representation is not a
25financial transaction for purposes of this Article.
26    "Form 4-64" means the Illinois State Police

 

 

10000SB0564sam001- 39 -LRB100 04874 SLF 39019 a

1Notice/Inventory of Seized Property (Form 4-64).
2    "Knowing that the property involved in a financial
3transaction represents the proceeds of some form of unlawful
4activity" means that the person knew the property involved in
5the transaction represented proceeds from some form, though not
6necessarily which form, of activity that constitutes a felony
7under State, federal, or foreign law.
8    "Monetary instrument" means United States coins and
9currency; coins and currency of a foreign country; travelers
10checks; personal checks, bank checks, and money orders;
11investment securities; bearer negotiable instruments; bearer
12investment securities; or bearer securities and certificates
13of stock in a form that title passes upon delivery.
14    "Specified criminal activity" means any violation of
15Section 29D-15.1 and any violation of Article 29D of this Code.
16    "Transaction reporting requirement under State law" means
17any violation as defined under the Currency Reporting Act.
 
18    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)
19    (Text of Section before amendment by P.A. 100-512)
20    Sec. 29B-1. (a) A person commits the offense of money
21laundering:
22        (1) when, knowing that the property involved in a
23    financial transaction represents the proceeds of some form
24    of unlawful activity, he or she conducts or attempts to
25    conduct such a financial transaction which in fact involves

 

 

10000SB0564sam001- 40 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 41 -LRB100 04874 SLF 39019 a

1            (A) promote the carrying on of a specified criminal
2        activity as defined in this Article; or
3            (B) conceal or disguise the nature, location,
4        source, ownership, or control of property believed to
5        be the proceeds of a specified criminal activity as
6        defined by subdivision (b)(6); or
7            (C) avoid a transaction reporting requirement
8        under State law,
9    he or she conducts or attempts to conduct a financial
10    transaction involving property he or she believes to be the
11    proceeds of specified criminal activity as defined by
12    subdivision (b)(6) or property used to conduct or
13    facilitate specified criminal activity as defined by
14    subdivision (b)(6).
15    (b) As used in this Section:
16        (0.5) "Knowing that the property involved in a
17    financial transaction represents the proceeds of some form
18    of unlawful activity" means that the person knew the
19    property involved in the transaction represented proceeds
20    from some form, though not necessarily which form, of
21    activity that constitutes a felony under State, federal, or
22    foreign law.
23        (1) "Financial transaction" means a purchase, sale,
24    loan, pledge, gift, transfer, delivery or other
25    disposition utilizing criminally derived property, and
26    with respect to financial institutions, includes a

 

 

10000SB0564sam001- 42 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 43 -LRB100 04874 SLF 39019 a

1    and currency; coins and currency of a foreign country;
2    travelers checks; personal checks, bank checks, and money
3    orders; investment securities; bearer negotiable
4    instruments; bearer investment securities; or bearer
5    securities and certificates of stock in such form that
6    title thereto passes upon delivery.
7        (4) "Criminally derived property" means: (A) any
8    property, real or personal, constituting or derived from
9    proceeds obtained, directly or indirectly, from activity
10    that constitutes a felony under State, federal, or foreign
11    law; or (B) any property represented to be property
12    constituting or derived from proceeds obtained, directly
13    or indirectly, from activity that constitutes a felony
14    under State, federal, or foreign law.
15        (5) "Conduct" or "conducts" includes, in addition to
16    its ordinary meaning, initiating, concluding, or
17    participating in initiating or concluding a transaction.
18        (6) "Specified criminal activity" means any violation
19    of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
20    of Article 29D of this Code.
21        (7) "Director" means the Director of State Police or
22    his or her designated agents.
23        (8) "Department" means the Department of State Police
24    of the State of Illinois or its successor agency.
25        (9) "Transaction reporting requirement under State
26    law" means any violation as defined under the Currency

 

 

10000SB0564sam001- 44 -LRB100 04874 SLF 39019 a

1    Reporting Act.
2    (c) Sentence.
3        (1) Laundering of criminally derived property of a
4    value not exceeding $10,000 is a Class 3 felony;
5        (2) Laundering of criminally derived property of a
6    value exceeding $10,000 but not exceeding $100,000 is a
7    Class 2 felony;
8        (3) Laundering of criminally derived property of a
9    value exceeding $100,000 but not exceeding $500,000 is a
10    Class 1 felony;
11        (4) Money laundering in violation of subsection (a)(2)
12    of this Section is a Class X felony;
13        (5) Laundering of criminally derived property of a
14    value exceeding $500,000 is a Class 1 non-probationable
15    felony;
16        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
17    this Section, the sentences are as follows:
18            (A) Laundering of property of a value not exceeding
19        $10,000 is a Class 3 felony;
20            (B) Laundering of property of a value exceeding
21        $10,000 but not exceeding $100,000 is a Class 2 felony;
22            (C) Laundering of property of a value exceeding
23        $100,000 but not exceeding $500,000 is a Class 1
24        felony;
25            (D) Laundering of property of a value exceeding
26        $500,000 is a Class 1 non-probationable felony.

 

 

10000SB0564sam001- 45 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 46 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 47 -LRB100 04874 SLF 39019 a

1    (B) perform such other law enforcement duties as the
2    Director designates. It is the duty of all State's
3    Attorneys to prosecute violations of this Article and
4    institute legal proceedings as authorized under this
5    Article.
6    (f) Protective orders.
7        (1) Upon application of the State, the court may enter
8    a restraining order or injunction, require the execution of
9    a satisfactory performance bond, or take any other action
10    to preserve the availability of property described in
11    subsection (h) for forfeiture under this Article:
12            (A) upon the filing of an indictment, information,
13        or complaint charging a violation of this Article for
14        which forfeiture may be ordered under this Article and
15        alleging that the property with respect to which the
16        order is sought would be subject to forfeiture under
17        this Article; or
18            (B) prior to the filing of such an indictment,
19        information, or complaint, if, after notice to persons
20        appearing to have an interest in the property and
21        opportunity for a hearing, the court determines that:
22                (i) there is probable cause to believe that the
23            State will prevail on the issue of forfeiture and
24            that failure to enter the order will result in the
25            property being destroyed, removed from the
26            jurisdiction of the court, or otherwise made

 

 

10000SB0564sam001- 48 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 49 -LRB100 04874 SLF 39019 a

1    the expiration of the temporary order.
2        (3) The court may receive and consider, at a hearing
3    held pursuant to this subsection (f), evidence and
4    information that would be inadmissible under the Illinois
5    rules of evidence.
6        (4) Order to repatriate and deposit.
7            (A) In general. Pursuant to its authority to enter
8        a pretrial restraining order under this Section, the
9        court may order a defendant to repatriate any property
10        that may be seized and forfeited and to deposit that
11        property pending trial with the Illinois State Police
12        or another law enforcement agency designated by the
13        Illinois State Police.
14            (B) Failure to comply. Failure to comply with an
15        order under this subsection (f) is punishable as a
16        civil or criminal contempt of court.
17    (g) Warrant of seizure. The State may request the issuance
18of a warrant authorizing the seizure of property described in
19subsection (h) in the same manner as provided for a search
20warrant. If the court determines that there is probable cause
21to believe that the property to be seized would be subject to
22forfeiture, the court shall issue a warrant authorizing the
23seizure of such property.
24    (h) Forfeiture.
25        (1) The following are subject to forfeiture:
26            (A) any property, real or personal, constituting,

 

 

10000SB0564sam001- 50 -LRB100 04874 SLF 39019 a

1        derived from, or traceable to any proceeds the person
2        obtained directly or indirectly, as a result of a
3        violation of this Article;
4            (B) any of the person's property used, or intended
5        to be used, in any manner or part, to commit, or to
6        facilitate the commission of, a violation of this
7        Article;
8            (C) all conveyances, including aircraft, vehicles
9        or vessels, which are used, or intended for use, to
10        transport, or in any manner to facilitate the
11        transportation, sale, receipt, possession, or
12        concealment of property described in subparagraphs (A)
13        and (B), but:
14                (i) no conveyance used by any person as a
15            common carrier in the transaction of business as a
16            common carrier is subject to forfeiture under this
17            Section unless it appears that the owner or other
18            person in charge of the conveyance is a consenting
19            party or privy to a violation of this Article;
20                (ii) no conveyance is subject to forfeiture
21            under this Section by reason of any act or omission
22            which the owner proves to have been committed or
23            omitted without his or her knowledge or consent;
24                (iii) a forfeiture of a conveyance encumbered
25            by a bona fide security interest is subject to the
26            interest of the secured party if he or she neither

 

 

10000SB0564sam001- 51 -LRB100 04874 SLF 39019 a

1            had knowledge of nor consented to the act or
2            omission;
3            (D) all real property, including any right, title,
4        and interest (including, but not limited to, any
5        leasehold interest or the beneficial interest in a land
6        trust) in the whole of any lot or tract of land and any
7        appurtenances or improvements, which is used or
8        intended to be used, in any manner or part, to commit,
9        or in any manner to facilitate the commission of, any
10        violation of this Article or that is the proceeds of
11        any violation or act that constitutes a violation of
12        this Article.
13        (2) Property subject to forfeiture under this Article
14    may be seized by the Director or any peace officer upon
15    process or seizure warrant issued by any court having
16    jurisdiction over the property. Seizure by the Director or
17    any peace officer without process may be made:
18            (A) if the seizure is incident to a seizure
19        warrant;
20            (B) if the property subject to seizure has been the
21        subject of a prior judgment in favor of the State in a
22        criminal proceeding, or in an injunction or forfeiture
23        proceeding based upon this Article;
24            (C) if there is probable cause to believe that the
25        property is directly or indirectly dangerous to health
26        or safety;

 

 

10000SB0564sam001- 52 -LRB100 04874 SLF 39019 a

1            (D) if there is probable cause to believe that the
2        property is subject to forfeiture under this Article
3        and the property is seized under circumstances in which
4        a warrantless seizure or arrest would be reasonable; or
5            (E) in accordance with the Code of Criminal
6        Procedure of 1963.
7        (3) In the event of seizure pursuant to paragraph (2),
8    forfeiture proceedings shall be instituted in accordance
9    with subsections (i) through (r).
10        (4) Property taken or detained under this Section shall
11    not be subject to replevin, but is deemed to be in the
12    custody of the Director subject only to the order and
13    judgments of the circuit court having jurisdiction over the
14    forfeiture proceedings and the decisions of the State's
15    Attorney under this Article. When property is seized under
16    this Article, the seizing agency shall promptly conduct an
17    inventory of the seized property and estimate the
18    property's value and shall forward a copy of the inventory
19    of seized property and the estimate of the property's value
20    to the Director. Upon receiving notice of seizure, the
21    Director may:
22            (A) place the property under seal;
23            (B) remove the property to a place designated by
24        the Director;
25            (C) keep the property in the possession of the
26        seizing agency;

 

 

10000SB0564sam001- 53 -LRB100 04874 SLF 39019 a

1            (D) remove the property to a storage area for
2        safekeeping or, if the property is a negotiable
3        instrument or money and is not needed for evidentiary
4        purposes, deposit it in an interest bearing account;
5            (E) place the property under constructive seizure
6        by posting notice of pending forfeiture on it, by
7        giving notice of pending forfeiture to its owners and
8        interest holders, or by filing notice of pending
9        forfeiture in any appropriate public record relating
10        to the property; or
11            (F) provide for another agency or custodian,
12        including an owner, secured party, or lienholder, to
13        take custody of the property upon the terms and
14        conditions set by the Director.
15        (5) When property is forfeited under this Article, the
16    Director shall sell all such property unless such property
17    is required by law to be destroyed or is harmful to the
18    public, and shall distribute the proceeds of the sale,
19    together with any moneys forfeited or seized, in accordance
20    with paragraph (6). However, upon the application of the
21    seizing agency or prosecutor who was responsible for the
22    investigation, arrest or arrests and prosecution which
23    lead to the forfeiture, the Director may return any item of
24    forfeited property to the seizing agency or prosecutor for
25    official use in the enforcement of laws, if the agency or
26    prosecutor can demonstrate that the item requested would be

 

 

10000SB0564sam001- 54 -LRB100 04874 SLF 39019 a

1    useful to the agency or prosecutor in its enforcement
2    efforts. When any real property returned to the seizing
3    agency is sold by the agency or its unit of government, the
4    proceeds of the sale shall be delivered to the Director and
5    distributed in accordance 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

 

 

10000SB0564sam001- 55 -LRB100 04874 SLF 39019 a

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.

 

 

10000SB0564sam001- 56 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 57 -LRB100 04874 SLF 39019 a

1        promptly notify the State's Attorney of the change in
2        address; or
3            (B) If the property seized is a conveyance, to the
4        address reflected in the office of the agency or
5        official in which title or interest to the conveyance
6        is required by law to be recorded, then by mailing a
7        copy of the notice by certified mail, return receipt
8        requested, to that address; or
9            (C) If the owner's or interest holder's address is
10        not known, and is not on record as provided in
11        paragraph (B), then by publication for 3 successive
12        weeks in a newspaper of general circulation in the
13        county in which the seizure occurred.
14        (2) Notice served under this Article is effective upon
15    personal service, the last date of publication, or the
16    mailing of written notice, whichever is earlier.
17    (j) Notice to State's Attorney. The law enforcement agency
18seizing property for forfeiture under this Article shall,
19within 90 days after seizure, notify the State's Attorney for
20the county, either where an act or omission giving rise to the
21forfeiture occurred or where the property was seized, of the
22seizure of the property and the facts and circumstances giving
23rise to the seizure and shall provide the State's Attorney with
24the inventory of the property and its estimated value. When the
25property seized for forfeiture is a vehicle, the law
26enforcement agency seizing the property shall immediately

 

 

10000SB0564sam001- 58 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 59 -LRB100 04874 SLF 39019 a

1        (3)(A) Any person claiming an interest in property
2    which is the subject of notice under paragraph (1) of this
3    subsection (k), must, in order to preserve any rights or
4    claims to the property, within 45 days after the effective
5    date of notice as described in subsection (i) of this
6    Section, file a verified claim with the State's Attorney
7    expressing his or her interest in the property. The claim
8    must set forth:
9            (i) the caption of the proceedings as set forth on
10        the notice of pending forfeiture and the name of the
11        claimant;
12            (ii) the address at which the claimant will accept
13        mail;
14            (iii) the nature and extent of the claimant's
15        interest in the property;
16            (iv) the date, identity of the transferor, and
17        circumstances of the claimant's acquisition of the
18        interest in the property;
19            (v) the name and address of all other persons known
20        to have an interest in the property;
21            (vi) the specific provision of law relied on in
22        asserting the property is not subject to forfeiture;
23            (vii) all essential facts supporting each
24        assertion; and
25            (viii) the relief sought.
26        (B) If a claimant files the claim and deposits with the

 

 

10000SB0564sam001- 60 -LRB100 04874 SLF 39019 a

1    State's Attorney a cost bond, in the form of a cashier's
2    check payable to the clerk of the court, in the sum of 10%
3    of the reasonable value of the property as alleged by the
4    State's Attorney or the sum of $100, whichever is greater,
5    upon condition that, in the case of forfeiture, the
6    claimant must pay all costs and expenses of forfeiture
7    proceedings, then the State's Attorney shall institute
8    judicial in rem forfeiture proceedings and deposit the cost
9    bond with the clerk of the court as described in subsection
10    (l) of this Section within 45 days after receipt of the
11    claim and cost bond. In lieu of a cost bond, a person
12    claiming interest in the seized property may file, under
13    penalty of perjury, an indigency affidavit which has been
14    approved by a circuit court judge.
15        (C) If none of the seized property is forfeited in the
16    judicial in rem proceeding, the clerk of the court shall
17    return to the claimant, unless the court orders otherwise,
18    90% of the sum which has been deposited and shall retain as
19    costs 10% of the money deposited. If any of the seized
20    property is forfeited under the judicial forfeiture
21    proceeding, the clerk of the court shall transfer 90% of
22    the sum which has been deposited to the State's Attorney
23    prosecuting the civil forfeiture to be applied to the costs
24    of prosecution and the clerk shall retain as costs 10% of
25    the sum deposited.
26        (4) If no claim is filed or bond given within the 45

 

 

10000SB0564sam001- 61 -LRB100 04874 SLF 39019 a

1    day period as described in paragraph (3) of this subsection
2    (k), the State's Attorney shall declare the property
3    forfeited and shall promptly notify the owner and all known
4    interest holders of the property and the Director of State
5    Police of the declaration of forfeiture and the Director
6    shall dispose of the property in accordance with law.
7    (l) Judicial in rem procedures. If property seized under
8the provisions of this Article is non-real property that
9exceeds $20,000 in value excluding the value of any conveyance,
10or is real property, or a claimant has filed a claim and a cost
11bond under paragraph (3) of subsection (k) of this Section, the
12following judicial in rem procedures shall apply:
13        (1) If, after a review of the facts surrounding the
14    seizure, the State's Attorney is of the opinion that the
15    seized property is subject to forfeiture, then within 45
16    days of the receipt of notice of seizure by the seizing
17    agency or the filing of the claim and cost bond, whichever
18    is later, the State's Attorney shall institute judicial
19    forfeiture proceedings by filing a verified complaint for
20    forfeiture and, if the claimant has filed a claim and cost
21    bond, by depositing the cost bond with the clerk of the
22    court. When authorized by law, a forfeiture must be ordered
23    by a court on an action in rem brought by a State's
24    Attorney under a verified complaint for forfeiture.
25        (2) During the probable cause portion of the judicial
26    in rem proceeding wherein the State presents its

 

 

10000SB0564sam001- 62 -LRB100 04874 SLF 39019 a

1    case-in-chief, the court must receive and consider, among
2    other things, all relevant hearsay evidence and
3    information. The laws of evidence relating to civil actions
4    apply to all other portions of the judicial in rem
5    proceeding.
6        (3) Only an owner of or interest holder in the property
7    may file an answer asserting a claim against the property
8    in the action in rem. For purposes of this Section, the
9    owner or interest holder shall be referred to as claimant.
10    Upon motion of the State, the court shall first hold a
11    hearing, wherein any claimant must establish by a
12    preponderance of the evidence, that he or she has a lawful,
13    legitimate ownership interest in the property and that it
14    was obtained through a lawful source.
15        (4) The answer must be signed by the owner or interest
16    holder under penalty of perjury and must set forth:
17            (A) the caption of the proceedings as set forth on
18        the notice of pending forfeiture and the name of the
19        claimant;
20            (B) the address at which the claimant will accept
21        mail;
22            (C) the nature and extent of the claimant's
23        interest in the property;
24            (D) the date, identity of transferor, and
25        circumstances of the claimant's acquisition of the
26        interest in the property;

 

 

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1            (E) the name and address of all other persons known
2        to have an interest in the property;
3            (F) all essential facts supporting each assertion;
4        and
5            (G) the precise relief sought.
6        (5) The answer must be filed with the court within 45
7    days after service of the civil in rem complaint.
8        (6) The hearing must be held within 60 days after
9    filing of the answer unless continued for good cause.
10        (7) The State shall show the existence of probable
11    cause for forfeiture of the property. If the State shows
12    probable cause, the claimant has the burden of showing by a
13    preponderance of the evidence that the claimant's interest
14    in the property is not subject to forfeiture.
15        (8) If the State does not show existence of probable
16    cause, the court shall order the interest in the property
17    returned or conveyed to the claimant and shall order all
18    other property forfeited to the State. If the State does
19    show existence of probable cause, the court shall order all
20    property forfeited to the State.
21        (9) A defendant convicted in any criminal proceeding is
22    precluded from later denying the essential allegations of
23    the criminal offense of which the defendant was convicted
24    in any proceeding under this Article regardless of the
25    pendency of an appeal from that conviction. However,
26    evidence of the pendency of an appeal is admissible.

 

 

10000SB0564sam001- 64 -LRB100 04874 SLF 39019 a

1        (10) An acquittal or dismissal in a criminal proceeding
2    does not preclude civil proceedings under this Article;
3    however, for good cause shown, on a motion by the State's
4    Attorney, the court may stay civil forfeiture proceedings
5    during the criminal trial for a related criminal indictment
6    or information alleging a money laundering violation. Such
7    a stay shall not be available pending an appeal. Property
8    subject to forfeiture under this Article shall not be
9    subject to return or release by a court exercising
10    jurisdiction over a criminal case involving the seizure of
11    such property unless such return or release is consented to
12    by the State's Attorney.
13        (11) All property declared forfeited under this
14    Article vests in this State on the commission of the
15    conduct giving rise to forfeiture together with the
16    proceeds of the property after that time. Any such property
17    or proceeds subsequently transferred to any person remain
18    subject to forfeiture and thereafter shall be ordered
19    forfeited.
20        (12) A civil action under this Article must be
21    commenced within 5 years after the last conduct giving rise
22    to forfeiture became known or should have become known or 5
23    years after the forfeitable property is discovered,
24    whichever is later, excluding any time during which either
25    the property or claimant is out of the State or in
26    confinement or during which criminal proceedings relating

 

 

10000SB0564sam001- 65 -LRB100 04874 SLF 39019 a

1    to the same conduct are in progress.
2    (m) Stay of time periods. If property is seized for
3evidence and for forfeiture, the time periods for instituting
4judicial and non-judicial forfeiture proceedings shall not
5begin until the property is no longer necessary for evidence.
6    (n) Settlement of claims. Notwithstanding other provisions
7of this Article, the State's Attorney and a claimant of seized
8property may enter into an agreed-upon settlement concerning
9the seized property in such an amount and upon such terms as
10are set out in writing in a settlement agreement.
11    (o) Property constituting attorney fees. Nothing in this
12Article applies to property which constitutes reasonable bona
13fide attorney's fees paid to an attorney for services rendered
14or to be rendered in the forfeiture proceeding or criminal
15proceeding relating directly thereto where such property was
16paid before its seizure, before the issuance of any seizure
17warrant or court order prohibiting transfer of the property and
18where the attorney, at the time he or she received the property
19did not know that it was property subject to forfeiture under
20this Article.
21    (p) Construction. It is the intent of the General Assembly
22that the forfeiture provisions of this Article be liberally
23construed so as to effect their remedial purpose. The
24forfeiture of property and other remedies hereunder shall be
25considered to be in addition to, and not exclusive of, any
26sentence or other remedy provided by law.

 

 

10000SB0564sam001- 66 -LRB100 04874 SLF 39019 a

1    (q) Judicial review. If property has been declared
2forfeited under subsection (k) of this Section, any person who
3has an interest in the property declared forfeited may, within
430 days after the effective date of the notice of the
5declaration of forfeiture, file a claim and cost bond as
6described in paragraph (3) of subsection (k) of this Section.
7If a claim and cost bond is filed under this Section, then the
8procedures described in subsection (l) of this Section apply.
9    (r) Burden of proof of exemption or exception. It is not
10necessary for the State to negate any exemption or exception in
11this Article in any complaint, information, indictment or other
12pleading or in any trial, hearing, or other proceeding under
13this Article. The burden of proof of any exemption or exception
14is upon the person claiming it.
15    (s) Review of administrative decisions. All administrative
16findings, rulings, final determinations, findings, and
17conclusions of the State's Attorney's Office under this Article
18are final and conclusive decisions of the matters involved. Any
19person aggrieved by the decision may obtain review of the
20decision pursuant to the provisions of the Administrative
21Review Law and the rules adopted pursuant to that Law. Pending
22final decision on such review, the administrative acts, orders,
23and rulings of the State's Attorney's Office remain in full
24force and effect unless modified or suspended by order of court
25pending final judicial decision. Pending final decision on such
26review, the acts, orders, and rulings of the State's Attorney's

 

 

10000SB0564sam001- 67 -LRB100 04874 SLF 39019 a

1Office remain in full force and effect, unless stayed by order
2of court. However, no stay of any decision of the
3administrative agency shall issue unless the person aggrieved
4by the decision establishes by a preponderance of the evidence
5that good cause exists for the stay. In determining good cause,
6the court shall find that the aggrieved party has established a
7substantial likelihood of prevailing on the merits and that
8granting the stay will not have an injurious effect on the
9general public.
10(Source: P.A. 99-480, eff. 9-9-15.)
 
11    (Text of Section after amendment by P.A. 100-512)
12    Sec. 29B-1. Money laundering.
13    (a) A person commits the offense of money laundering:
14        (1) when, knowing that the property involved in a
15    financial transaction represents the proceeds of some form
16    of unlawful activity, he or she conducts or attempts to
17    conduct the such a financial transaction which in fact
18    involves criminally derived property:
19            (A) with the intent to promote the carrying on of
20        the unlawful activity from which the criminally
21        derived property was obtained; or
22            (B) where he or she knows or reasonably should know
23        that the financial transaction is designed in whole or
24        in part:
25                (i) to conceal or disguise the nature, the

 

 

10000SB0564sam001- 68 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 69 -LRB100 04874 SLF 39019 a

1    he or she conducts or attempts to conduct a financial
2    transaction involving property he or she believes to be the
3    proceeds of specified criminal activity as defined by
4    subdivision (b)(6) or property used to conduct or
5    facilitate specified criminal activity as defined in this
6    Article by subdivision (b)(6).
7    (b) (Blank). As used in this Section:
8        (0.5) "Knowing that the property involved in a
9    financial transaction represents the proceeds of some form
10    of unlawful activity" means that the person knew the
11    property involved in the transaction represented proceeds
12    from some form, though not necessarily which form, of
13    activity that constitutes a felony under State, federal, or
14    foreign law.
15        (1) "Financial transaction" means a purchase, sale,
16    loan, pledge, gift, transfer, delivery or other
17    disposition utilizing criminally derived property, and
18    with respect to financial institutions, includes a
19    deposit, withdrawal, transfer between accounts, exchange
20    of currency, loan, extension of credit, purchase or sale of
21    any stock, bond, certificate of deposit or other monetary
22    instrument, use of safe deposit box, or any other payment,
23    transfer or delivery by, through, or to a financial
24    institution. For purposes of clause (a)(2) of this Section,
25    the term "financial transaction" also means a transaction
26    which without regard to whether the funds, monetary

 

 

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1    instruments, or real or personal property involved in the
2    transaction are criminally derived, any transaction which
3    in any way or degree: (1) involves the movement of funds by
4    wire or any other means; (2) involves one or more monetary
5    instruments; or (3) the transfer of title to any real or
6    personal property. The receipt by an attorney of bona fide
7    fees for the purpose of legal representation is not a
8    financial transaction for purposes of this Section.
9        (2) "Financial institution" means any bank; saving and
10    loan association; trust company; agency or branch of a
11    foreign bank in the United States; currency exchange;
12    credit union, mortgage banking institution; pawnbroker;
13    loan or finance company; operator of a credit card system;
14    issuer, redeemer or cashier of travelers checks, checks or
15    money orders; dealer in precious metals, stones or jewels;
16    broker or dealer in securities or commodities; investment
17    banker; or investment company.
18        (3) "Monetary instrument" means United States coins
19    and currency; coins and currency of a foreign country;
20    travelers checks; personal checks, bank checks, and money
21    orders; investment securities; bearer negotiable
22    instruments; bearer investment securities; or bearer
23    securities and certificates of stock in such form that
24    title thereto passes upon delivery.
25        (4) "Criminally derived property" means: (A) any
26    property, real or personal, constituting or derived from

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    a satisfactory performance bond, or take any other action
2    to preserve the availability of property described in
3    subsection (h) for forfeiture under this Article:
4            (A) upon the filing of an indictment, information,
5        or complaint charging a violation of this Article for
6        which forfeiture may be ordered under this Article and
7        alleging that the property with respect to which the
8        order is sought would be subject to forfeiture under
9        this Article; or
10            (B) prior to the filing of such an indictment,
11        information, or complaint, if, after notice to persons
12        appearing to have an interest in the property and
13        opportunity for a hearing, the court determines that:
14                (i) there is probable cause to believe that the
15            State will prevail on the issue of forfeiture and
16            that failure to enter the order will result in the
17            property being destroyed, removed from the
18            jurisdiction of the court, or otherwise made
19            unavailable for forfeiture; and
20                (ii) the need to preserve the availability of
21            the property through the entry of the requested
22            order outweighs the hardship on any party against
23            whom the order is to be entered.
24            Provided, however, that an order entered pursuant
25        to subparagraph (B) shall be effective for not more
26        than 90 days, unless extended by the court for good

 

 

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

 

 

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

 

 

10000SB0564sam001- 78 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 79 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 80 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 81 -LRB100 04874 SLF 39019 a

1        forfeiture in any appropriate public record relating
2        to the property; or
3            (F) provide for another agency or custodian,
4        including an owner, secured party, or lienholder, to
5        take custody of the property upon the terms and
6        conditions set by the Director.
7        (5) When property is forfeited under this Article, the
8    Director shall sell all such property unless such property
9    is required by law to be destroyed or is harmful to the
10    public, and shall distribute the proceeds of the sale,
11    together with any moneys forfeited or seized, in accordance
12    with paragraph (6).
13        (6) All monies and the sale proceeds of all other
14    property forfeited and seized under this Article shall be
15    distributed as follows:
16            (A) 65% shall be distributed to the metropolitan
17        enforcement group, local, municipal, county, or State
18        law enforcement agency or agencies which conducted or
19        participated in the investigation resulting in the
20        forfeiture. The distribution shall bear a reasonable
21        relationship to the degree of direct participation of
22        the law enforcement agency in the effort resulting in
23        the forfeiture, taking into account the total value of
24        the property forfeited and the total law enforcement
25        effort with respect to the violation of the law upon
26        which the forfeiture is based. Amounts distributed to

 

 

10000SB0564sam001- 82 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 83 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 84 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 85 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 86 -LRB100 04874 SLF 39019 a

1    interest holder documenting actual notice, whichever is
2    first in time, or on the date of the last act performed by
3    the State's Attorney in attempting personal service. For
4    purposes of notice under this Section, if a person has been
5    arrested for the conduct giving rise to the forfeiture, the
6    address provided to the arresting agency at the time of
7    arrest shall be deemed to be that person's known address.
8    Provided, however, if an owner or interest holder's address
9    changes prior to the effective date of the notice of
10    pending forfeiture, the owner or interest holder shall
11    promptly notify the seizing agency of the change in address
12    or, if the owner or interest holder's address changes
13    subsequent to the effective date of the notice of pending
14    forfeiture, the owner or interest holder shall promptly
15    notify the State's Attorney of the change in address. If
16    the property seized is a conveyance, notice shall also be
17    directed to the address reflected in the office of the
18    agency or official in which title or interest to the
19    conveyance is required by law to be recorded.
20            (A) (Blank);
21            (A-5) If the owner's or interest holder's address
22        is not known, and is not on record as provided in
23        paragraph (1), service by publication for 3 successive
24        weeks in a newspaper of general circulation in the
25        county in which the seizure occurred shall suffice for
26        service requirements.

 

 

10000SB0564sam001- 87 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 88 -LRB100 04874 SLF 39019 a

1        with the inmate's name clearly marked on the envelope.
2            After a claimant files a verified claim with the
3        State's Attorney and provides an address at which they
4        will accept service, the complaint shall be served and
5        notice shall be complete upon the mailing of the
6        complaint to the claimant at the address the claimant
7        provided via certified mail, return receipt requested
8        and first class mail. No return receipt card need be
9        received, or any other attempts at service need be made
10        to comply with service and notice requirements under
11        this Section. This certified mailing, return receipt
12        requested shall be proof of service of the complaint on
13        the claimant. If notice is to be shown by actual notice
14        from communication with a claimant, then the State's
15        Attorney shall file an affidavit as proof of service
16        providing details of the communication which shall be
17        accepted as proof of service by the court.
18            (B) If the property seized is a conveyance, to the
19        address reflected in the office of the agency or
20        official in which title or interest to the conveyance
21        is required by law to be recorded, then by mailing a
22        copy of the notice by certified mail, return receipt
23        requested, to that address; or
24            (C) (Blank).
25        (2) Notice served under this Article is effective upon
26    personal service, the last date of publication, or the

 

 

10000SB0564sam001- 89 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 90 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 91 -LRB100 04874 SLF 39019 a

1        interest in the property;
2            (iv) the date, identity of the transferor, and
3        circumstances of the claimant's acquisition of the
4        interest in the property;
5            (v) the name and address of all other persons known
6        to have an interest in the property;
7            (vi) the specific provision of law relied on in
8        asserting the property is not subject to forfeiture;
9            (vii) all essential facts supporting each
10        assertion; and
11            (viii) the relief sought.
12        (B) If a claimant files the claim, then the State's
13    Attorney shall institute judicial in rem forfeiture
14    proceedings with the clerk of the court as described in
15    subsection (l) of this Section within 45 days after receipt
16    of the claim.
17        (C) (Blank).
18        (4) If no claim is filed within the 45 day period as
19    described in paragraph (3) of this subsection (k), the
20    State's Attorney shall declare the property forfeited and
21    shall promptly notify the owner and all known interest
22    holders of the property and the Director of State Police of
23    the declaration of forfeiture and the Director shall
24    dispose of the property in accordance with law.
25    (l) Judicial in rem procedures. If property seized under
26the provisions of this Article is non-real property that

 

 

10000SB0564sam001- 92 -LRB100 04874 SLF 39019 a

1exceeds $20,000 in value excluding the value of any conveyance,
2or is real property, or a claimant has filed a claim under
3paragraph (3) of subsection (k) of this Section, the following
4judicial in rem procedures shall apply:
5        (1) If, after a review of the facts surrounding the
6    seizure, the State's Attorney is of the opinion that the
7    seized property is subject to forfeiture, then within 28
8    days of the receipt of notice of seizure by the seizing
9    agency or the filing of the claim, whichever is later, the
10    State's Attorney shall institute judicial forfeiture
11    proceedings by filing a verified complaint for forfeiture.
12    When authorized by law, a forfeiture must be ordered by a
13    court on an action in rem brought by a State's Attorney
14    under a verified complaint for forfeiture.
15        (1.5) A complaint of forfeiture shall include:
16            (i) a description of the property seized;
17            (ii) the date and place of seizure of the property;
18            (iii) the name and address of the law enforcement
19        agency making the seizure; and
20            (iv) the specific statutory and factual grounds
21        for the seizure.
22        (1.10) The complaint shall be served upon the person
23    from whom the property was seized and all persons known or
24    reasonably believed by the State to claim an interest in
25    the property, as provided in subsection (i) of this
26    Section. The complaint shall be accompanied by the

 

 

10000SB0564sam001- 93 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 94 -LRB100 04874 SLF 39019 a

1    and the court shall receive and consider all relevant
2    hearsay evidence which relates to evidentiary foundation,
3    chain of custody, business records, recordings, laboratory
4    analysis, laboratory reports, and relevant hearsay related
5    to the use of technology in the investigation which
6    resulted in the seizure of property which is now subject to
7    this forfeiture action.
8        (3) Only an owner of or interest holder in the property
9    may file an answer asserting a claim against the property
10    in the action in rem. For purposes of this Section, the
11    owner or interest holder shall be referred to as claimant.
12    Upon motion of the State, the court shall first hold a
13    hearing, wherein any claimant must establish by a
14    preponderance of the evidence, that he or she has a lawful,
15    legitimate ownership interest in the property and that it
16    was obtained through a lawful source.
17        (4) The answer must be signed by the owner or interest
18    holder under penalty of perjury and must set forth:
19            (A) the caption of the proceedings as set forth on
20        the notice of pending forfeiture and the name of the
21        claimant;
22            (B) the address at which the claimant will accept
23        mail;
24            (C) the nature and extent of the claimant's
25        interest in the property;
26            (D) the date, identity of transferor, and

 

 

10000SB0564sam001- 95 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 96 -LRB100 04874 SLF 39019 a

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

 

 

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

 

 

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1    defendants in a criminal proceeding relating to the conduct
2    giving rise to the forfeiture action; or (2) the State
3    receives an adverse finding at a preliminary hearing and
4    fails to secure an indictment in a criminal proceeding
5    relating to the factual allegations of the forfeiture
6    action.
7        (11) All property declared forfeited under this
8    Article vests in this State on the commission of the
9    conduct giving rise to forfeiture together with the
10    proceeds of the property after that time. Except as
11    otherwise provided in this Article, title to any such
12    property or proceeds subsequently transferred to any
13    person remain subject to forfeiture and thereafter shall be
14    ordered forfeited unless the person to whom the property
15    was transferred makes an appropriate claim and has his or
16    her claim adjudicated at the judicial in rem hearing.
17        (12) A civil action under this Article must be
18    commenced within 5 years after the last conduct giving rise
19    to forfeiture became known or should have become known or 5
20    years after the forfeitable property is discovered,
21    whichever is later, excluding any time during which either
22    the property or claimant is out of the State or in
23    confinement or during which criminal proceedings relating
24    to the same conduct are in progress.
25    (m) Stay of time periods. If property is seized for
26evidence and for forfeiture, the time periods for instituting

 

 

10000SB0564sam001- 99 -LRB100 04874 SLF 39019 a

1judicial and non-judicial forfeiture proceedings shall not
2begin until the property is no longer necessary for evidence.
3    (n) Settlement of claims. Notwithstanding other provisions
4of this Article, the State's Attorney and a claimant of seized
5property may enter into an agreed-upon settlement concerning
6the seized property in such an amount and upon such terms as
7are set out in writing in a settlement agreement. All proceeds
8from a settlement agreement shall be tendered to the Department
9of State Police and distributed under paragraph (6) of
10subsection (h) of this Section.
11    (o) Property constituting attorney fees. Nothing in this
12Article applies to property which constitutes reasonable bona
13fide attorney's fees paid to an attorney for services rendered
14or to be rendered in the forfeiture proceeding or criminal
15proceeding relating directly thereto where such property was
16paid before its seizure, before the issuance of any seizure
17warrant or court order prohibiting transfer of the property and
18where the attorney, at the time he or she received the property
19did not know that it was property subject to forfeiture under
20this Article.
21    (p) Construction. It is the intent of the General Assembly
22that the forfeiture provisions of this Article be liberally
23construed so as to effect their remedial purpose. The
24forfeiture of property and other remedies hereunder shall be
25considered to be in addition to, and not exclusive of, any
26sentence or other remedy provided by law.

 

 

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1    (q) Judicial review. If property has been declared
2forfeited under subsection (k) of this Section, any person who
3has an interest in the property declared forfeited may, within
430 days after the effective date of the notice of the
5declaration of forfeiture, file a claim as described in
6paragraph (3) of subsection (k) of this Section. If a claim is
7filed under this Section, then the procedures described in
8subsection (l) of this Section apply.
9    (r) (Blank).
10    (s) Review of administrative decisions. All administrative
11findings, rulings, final determinations, findings, and
12conclusions of the State's Attorney's Office under this Article
13are final and conclusive decisions of the matters involved. Any
14person aggrieved by the decision may obtain review of the
15decision pursuant to the provisions of the Administrative
16Review Law and the rules adopted pursuant to that Law. Pending
17final decision on such review, the administrative acts, orders,
18and rulings of the State's Attorney's Office remain in full
19force and effect unless modified or suspended by order of court
20pending final judicial decision. Pending final decision on such
21review, the acts, orders, and rulings of the State's Attorney's
22Office remain in full force and effect, unless stayed by order
23of court. However, no stay of any decision of the
24administrative agency shall issue unless the person aggrieved
25by the decision establishes by a preponderance of the evidence
26that good cause exists for the stay. In determining good cause,

 

 

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

 

 

10000SB0564sam001- 102 -LRB100 04874 SLF 39019 a

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

 

 

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

 

 

10000SB0564sam001- 104 -LRB100 04874 SLF 39019 a

1        innocent ownership.
2            (ii) At the hearing on the motion, it shall be the
3        burden of the claimant to prove each of the assertions
4        listed in paragraph (1) of this subsection (x) by a
5        preponderance of the evidence.
6            (iii) If a claimant meets his burden of proof, the
7        court shall grant the motion and order the property
8        returned to the claimant. If the claimant fails to meet
9        his or her burden of proof then the court shall deny
10        the motion.
11    (y) No property shall be forfeited under this Section from
12a person who, without actual or constructive notice that the
13property was the subject of forfeiture proceedings, obtained
14possession of the property as a bona fide purchaser for value.
15A person who purports to affect transfer of property after
16receiving actual or constructive notice that the property is
17subject to seizure or forfeiture is guilty of contempt of
18court, and shall be liable to the State for a penalty in the
19amount of the fair market value of the property.
20    (z) Forfeiture proceedings under this Section shall be
21subject to the Code of Civil Procedure and the rules of
22evidence relating to civil actions.
23    (aa) Return of property, damages, and costs.
24        (1) The law enforcement agency that holds custody of
25    property seized for forfeiture shall deliver property
26    ordered by the court to be returned or conveyed to the

 

 

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1    claimant within a reasonable time not to exceed 7 days,
2    unless the order is stayed by the trial court or a
3    reviewing court pending an appeal, motion to reconsider, or
4    other reason.
5        (2) The law enforcement agency that holds custody of
6    property is responsible for any damages, storage fees, and
7    related costs applicable to property returned. The
8    claimant shall not be subject to any charges by the State
9    for storage of the property or expenses incurred in the
10    preservation of the property. Charges for the towing of a
11    conveyance shall be borne by the claimant unless the
12    conveyance was towed for the sole reason of seizure for
13    forfeiture. This Section does not prohibit the imposition
14    of any fees or costs by a home rule unit of local
15    government related to the impoundment of a conveyance under
16    an ordinance enacted by the unit of government.
17        (3) A law enforcement agency shall not retain forfeited
18    property for its own use or transfer the property to any
19    person or entity, except as provided under this Section. A
20    law enforcement agency may apply in writing to the Director
21    of State Police to request that a forfeited property be
22    awarded to the agency for a specifically articulated
23    official law enforcement use in an investigation. The
24    Director of State Police shall provide a written
25    justification in each instance detailing the reasons why
26    the forfeited property was placed into official use and the

 

 

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1    justification shall be retained for a period of not less
2    than 3 years.
3    (bb) The changes made to this Section by this amendatory
4Act of the 100th General Assembly are subject to Sections 2 and
54 of the Statute on Statutes.
6(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18.)
 
7    (720 ILCS 5/29B-2 new)
8    Sec. 29B-2. Evidence in money laundering prosecutions.
9    In a prosecution under this Article, either party may
10introduce the following evidence pertaining to the issue of
11whether the property or proceeds were known to be some form of
12criminally derived property or from some form of unlawful
13activity:
14        (1) a financial transaction was conducted or
15    structured or attempted in violation of the reporting
16    requirements of any State or federal law;
17        (2) a financial transaction was conducted or attempted
18    with the use of a false or fictitious name or a forged
19    instrument;
20        (3) a falsely altered or completed written instrument
21    or a written instrument that contains any materially false
22    personal identifying information was made, used, offered
23    or presented, whether accepted or not, in connection with a
24    financial transaction;
25        (4) a financial transaction was structured or

 

 

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1    attempted to be structured so as to falsely report the
2    actual consideration or value of the transaction;
3        (5) a money transmitter, a person engaged in a trade or
4    business, or any employee of a money transmitter or a
5    person engaged in a trade or business, knows or reasonably
6    should know that false personal identifying information
7    has been presented and incorporates the false personal
8    identifying information into any report or record;
9        (6) the criminally derived property is transported or
10    possessed in a fashion inconsistent with the ordinary or
11    usual means of transportation or possession of the property
12    and where the property is discovered in the absence of any
13    documentation or other indicia of legitimate origin or
14    right to the property;
15        (7) a person pays or receives substantially less than
16    face value for one or more monetary instruments; or
17        (8) a person engages in a transaction involving one or
18    more monetary instruments, where the physical condition or
19    form of the monetary instrument or instruments makes it
20    apparent that they are not the product of bona fide
21    business or financial transactions.
 
22    (720 ILCS 5/29B-3 new)
23    Sec. 29B-3. Duty to enforce this Article.
24    (a) It is the duty of the Department of State Police, and
25its agents, officers, and investigators, to enforce this

 

 

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1Article, except those provisions otherwise specifically
2delegated, and to cooperate with all agencies charged with the
3enforcement of the laws of the United States, or of any state,
4relating to money laundering. Only an agent, officer, or
5investigator designated by the Director may be authorized in
6accordance with this Section to serve seizure notices,
7warrants, subpoenas, and summonses under the authority of this
8State.
9    (b) An agent, officer, investigator, or peace officer
10designated by the Director may: (1) make seizure of property
11under this Article; and (2) perform other law enforcement
12duties as the Director designates. It is the duty of all
13State's Attorneys to prosecute violations of this Article and
14institute legal proceedings as authorized under this Article.
 
15    (720 ILCS 5/29B-4 new)
16    Sec. 29B-4. Protective orders and warrants for forfeiture
17purposes.
18    (a) Upon application of the State, the court may enter a
19restraining order or injunction, require the execution of a
20satisfactory performance bond, or take any other action to
21preserve the availability of property described in Section
2229B-5 of this Article for forfeiture under this Article:
23        (1) upon the filing of an indictment, information, or
24    complaint charging a violation of this Article for which
25    forfeiture may be ordered under this Article and alleging

 

 

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

 

 

10000SB0564sam001- 110 -LRB100 04874 SLF 39019 a

1is probable cause to believe that the property with respect to
2which the order is sought would be subject to forfeiture under
3this Article and that provision of notice will jeopardize the
4availability of the property for forfeiture. The temporary
5order shall expire not more than 30 days after the date on
6which it is entered, unless extended for good cause shown or
7unless the party against whom it is entered consents to an
8extension for a longer period. A hearing requested concerning
9an order entered under this subsection (b) shall be held at the
10earliest possible time and prior to the expiration of the
11temporary order.
12    (c) The court may receive and consider, at a hearing held
13under this Section, evidence and information that would be
14inadmissible under the Illinois rules of evidence.
15    (d) Under its authority to enter a pretrial restraining
16order under this Section, the court may order a defendant to
17repatriate any property that may be seized and forfeited and to
18deposit that property pending trial with the Department of
19State Police or another law enforcement agency designated by
20the Department of State Police. Failure to comply with an order
21under this Section is punishable as a civil or criminal
22contempt of court.
23    (e) The State may request the issuance of a warrant
24authorizing the seizure of property described in Section 29B-5
25of this Article in the same manner as provided for a search
26warrant. If the court determines that there is probable cause

 

 

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1to believe that the property to be seized would be subject to
2forfeiture, the court shall issue a warrant authorizing the
3seizure of that property.
 
4    (720 ILCS 5/29B-5 new)
5    Sec. 29B-5. Property subject to forfeiture. The following
6are subject to forfeiture:
7    (1) any property, real or personal, constituting, derived
8from, or traceable to any proceeds the person obtained directly
9or indirectly, as a result of a violation of this Article;
10    (2) any of the person's property used, or intended to be
11used, in any manner or part, to commit, or to facilitate the
12commission of, a violation of this Article;
13    (3) all conveyances, including aircraft, vehicles, or
14vessels, which are used, or intended for use, to transport, or
15in any manner to facilitate the transportation, sale, receipt,
16possession, or concealment of property described in paragraphs
17(1) and (2) of this Section, but:
18        (A) no conveyance used by any person as a common
19    carrier in the transaction of business as a common carrier
20    is subject to forfeiture under this Section unless it
21    appears that the owner or other person in charge of the
22    conveyance is a consenting party or privy to a violation of
23    this Article;
24        (B) no conveyance is subject to forfeiture under this
25    Article by reason of any act or omission which the owner

 

 

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1    proves to have been committed or omitted without his or her
2    knowledge or consent;
3        (C) a forfeiture of a conveyance encumbered by a bona
4    fide security interest is subject to the interest of the
5    secured party if he or she neither had knowledge of nor
6    consented to the act or omission;
7    (4) all real property, including any right, title, and
8interest, including, but not limited to, any leasehold interest
9or the beneficial interest in a land trust, in the whole of any
10lot or tract of land and any appurtenances or improvements,
11which is used or intended to be used, in any manner or part, to
12commit, or in any manner to facilitate the commission of, any
13violation of this Article or that is the proceeds of any
14violation or act that constitutes a violation of this Article.
 
15    (720 ILCS 5/29B-6 new)
16    Sec. 29B-6. Seizure.
17    (a) Property subject to forfeiture under this Article may
18be seized by the Director or any peace officer upon process or
19seizure warrant issued by any court having jurisdiction over
20the property. Seizure by the Director or any peace officer
21without process may be made:
22        (1) if the seizure is incident to a seizure warrant;
23        (2) if the property subject to seizure has been the
24    subject of a prior judgment in favor of the State in a
25    criminal proceeding, or in an injunction or forfeiture

 

 

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1    proceeding based upon this Article;
2        (3) if there is probable cause to believe that the
3    property is directly or indirectly dangerous to health or
4    safety;
5        (4) if there is probable cause to believe that the
6    property is subject to forfeiture under this Article and
7    the property is seized under circumstances in which a
8    warrantless seizure or arrest would be reasonable; or
9        (5) in accordance with the Code of Criminal Procedure
10    of 1963.
11    (b) In the event of seizure under subsection (a) of this
12Section, forfeiture proceedings shall be instituted in
13accordance with this Article.
14    (c) Actual physical seizure of real property subject to
15forfeiture requires the issuance of a seizure warrant. Nothing
16in this Article prohibits the constructive seizure of real
17property through the filing of a complaint for forfeiture in
18circuit court and the recording of a lis pendens against the
19real property that is subject to forfeiture without any
20hearing, warrant application, or judicial approval.
 
21    (720 ILCS 5/29B-7 new)
22    Sec. 29B-7. Safekeeping of seized property pending
23disposition.
24    (a) If property is seized under this Article, the seizing
25agency shall promptly conduct an inventory of the seized

 

 

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

 

 

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1any moneys forfeited or seized, under Section 29B-26 of this
2Article.
 
3    (720 ILCS 5/29B-8 new)
4    Sec. 29B-8. Notice to State's Attorney. The law enforcement
5agency seizing property for forfeiture under this Article
6shall, within 60 days after seizure, notify the State's
7Attorney for the county, either where an act or omission giving
8rise to the forfeiture occurred or where the property was
9seized, of the seizure of the property and the facts and
10circumstances giving rise to the seizure and shall provide the
11State's Attorney with the inventory of the property and its
12estimated value. If the property seized for forfeiture is a
13vehicle, the law enforcement agency seizing the property shall
14immediately notify the Secretary of State that forfeiture
15proceedings are pending regarding the vehicle. This notice
16shall be by Form 4-64.
 
17    (720 ILCS 5/29B-9 new)
18    Sec. 29B-9. Preliminary review.
19    (a) Within 28 days of the seizure, the State 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.

 

 

10000SB0564sam001- 116 -LRB100 04874 SLF 39019 a

1    (c) The court may conduct the review under subsection (a)
2of this Section simultaneously with a proceeding under Section
3109-1 of the Code of Criminal Procedure of 1963 for a related
4criminal offense if a prosecution is commenced by information
5or complaint.
6    (d) The court may accept a finding of probable cause at a
7preliminary hearing following the filing of an information or
8complaint charging a related criminal offense or following the
9return of indictment by a grand jury charging the related
10offense as sufficient evidence of probable cause as required
11under subsection (a) of this Section.
12    (e) Upon a finding of probable cause as required under this
13Section, the circuit court shall order the property subject to
14the applicable forfeiture Act held until the conclusion of any
15forfeiture proceeding.
 
16    (720 ILCS 5/29B-10 new)
17    Sec. 29B-10. Notice to owner or interest holder.
18    (a) The first attempted service of notice shall be
19commenced within 28 days of the latter of filing of the
20verified claim or the receipt of the notice from the seizing
21agency by Form 4-64. A complaint for forfeiture or a notice of
22pending forfeiture shall be served on a claimant if the owner's
23or interest holder's name and current address are known, then
24by either: (1) personal service; or (2) mailing a copy of the
25notice by certified mail, return receipt requested, and first

 

 

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

 

 

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1    (c) After the procedures listed are followed, service shall
2be effective on the owner or interest holder on the date of
3receipt by the State's Attorney of a return receipt, or on the
4date of receipt of a communication from an owner or interest
5holder documenting actual notice, whichever is first in time,
6or on the date of the last act performed by the State's
7Attorney in attempting personal service. For purposes of notice
8under this Section, if a person has been arrested for the
9conduct giving rise to the forfeiture, the address provided to
10the arresting agency at the time of arrest shall be deemed to
11be that person's known address. Provided, however, if an owner
12or interest holder's address changes prior to the effective
13date of the notice of pending forfeiture, the owner or interest
14holder shall promptly notify the seizing agency of the change
15in address or, if the owner or interest holder's address
16changes subsequent to the effective date of the notice of
17pending forfeiture, the owner or interest holder shall promptly
18notify the State's Attorney of the change in address. If the
19property seized is a conveyance, notice shall also be directed
20to the address reflected in the office of the agency or
21official in which title to or interest in the conveyance is
22required by law to be recorded.
23    (d) If the owner's or interest holder's address is not
24known, and is not on record as provided in this Section,
25service by publication for 3 successive weeks in a newspaper of
26general circulation in the county in which the seizure occurred

 

 

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1shall suffice for service requirements.
2    (e) Notice to any business entity, corporation, limited
3liability company, limited liability partnership, or
4partnership shall be completed by a single mailing of a copy of
5the notice by certified mail, return receipt requested, and
6first class mail to that address. This notice is complete
7regardless of the return of a signed return receipt.
8    (f) Notice to a person whose address is not within the
9State shall be completed by a single mailing of a copy of the
10notice by certified mail, return receipt requested, and first
11class mail to that address. This notice is complete regardless
12of the return of a signed return receipt.
13    (g) Notice to a person whose address is not within the
14United States shall be completed by a single mailing of a copy
15of the notice by certified mail, return receipt requested, and
16first class mail to that address. This notice is complete
17regardless of the return of a signed return receipt. If
18certified mail is not available in the foreign country where
19the person has an address, notice shall proceed by publication
20requirements under subsection (d) of this Section.
21    (h) A person whom the State's Attorney reasonably should
22know is incarcerated within this State, shall also include,
23mailing a copy of the notice by certified mail, return receipt
24requested, and first class mail to the address of the detention
25facility with the inmate's name clearly marked on the envelope.
26    (i) After a claimant files a verified claim with the

 

 

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1State's Attorney and provides an address at which the claimant
2will accept service, the complaint shall be served and notice
3shall be complete upon the mailing of the complaint to the
4claimant at the address the claimant provided via certified
5mail, return receipt requested, and first class mail. No return
6receipt need be received, or any other attempts at service need
7be made to comply with service and notice requirements under
8this Section. This certified mailing, return receipt
9requested, shall be proof of service of the complaint on the
10claimant. If notice is to be shown by actual notice from
11communication with a claimant, then the State's Attorney shall
12file an affidavit as proof of service, providing details of the
13communication, which shall be accepted as proof of service by
14the court.
15    (j) If the property seized is a conveyance, to the address
16reflected in the office of the agency or official in which
17title to or interest in the conveyance is required by law to be
18recorded, then by mailing a copy of the notice by certified
19mail, return receipt requested, to that address.
20    (k) Notice served under this Article is effective upon
21personal service, the last date of publication, or the mailing
22of written notice, whichever is earlier.
 
23    (720 ILCS 5/29B-11 new)
24    Sec. 29B-11. Replevin prohibited. Property taken or
25detained under this Article shall not be subject to replevin,

 

 

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1but is deemed to be in the custody of the Director subject only
2to the order and judgments of the circuit court having
3jurisdiction over the forfeiture proceedings and the decisions
4of the State's Attorney under this Article.
 
5    (720 ILCS 5/29B-12 new)
6    Sec. 29B-12. Non-judicial forfeiture. If non-real
7property that exceeds $20,000 in value excluding the value of
8any conveyance, or if real property is seized under the
9provisions of this Article, the State's Attorney shall
10institute judicial in rem forfeiture proceedings as described
11in Section 29B-13 of this Article within 28 days from receipt
12of notice of seizure from the seizing agency under Section
1329B-8 of this Article. However, if non-real property that does
14not exceed $20,000 in value excluding the value of any
15conveyance is seized, the following procedure shall be used:
16    (1) 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, then within 28 days after the receipt
19of notice of seizure from the seizing agency, the State's
20Attorney shall cause notice of pending forfeiture to be given
21to the owner of the property and all known interest holders of
22the property in accordance with Section 29B-10 of this Article.
23    (2) The notice of pending forfeiture shall include a
24description of the property, the estimated value of the
25property, the date and place of seizure, the conduct giving

 

 

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1rise to forfeiture or the violation of law alleged, and a
2summary of procedures and procedural rights applicable to the
3forfeiture action.
4    (3)(A) Any person claiming an interest in property that is
5the subject of notice under paragraph (1) of this Section,
6must, in order to preserve any rights or claims to the
7property, within 45 days after the effective date of notice as
8described in Section 29B-10 of this Article, file a verified
9claim with the State's Attorney expressing his or her interest
10in the property. The claim shall set forth:
11        (i) the caption of the proceedings as set forth on the
12    notice of pending forfeiture and the name of the claimant;
13        (ii) the address at which the claimant will accept
14    mail;
15        (iii) the nature and extent of the claimant's interest
16    in the property;
17        (iv) the date, identity of the transferor, and
18    circumstances of the claimant's acquisition of the
19    interest in the property;
20        (v) the names and addresses of all other persons known
21    to have an interest in the property;
22        (vi) the specific provision of law relied on in
23    asserting the property is not subject to forfeiture;
24        (vii) all essential facts supporting each assertion;
25    and
26        (viii) the relief sought.

 

 

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1    (B) If a claimant files the claim, then the State's
2Attorney shall institute judicial in rem forfeiture
3proceedings with the clerk of the court as described in Section
429B-13 of this Article within 28 days after receipt of the
5claim.
6    (4) If no claim is filed within the 28-day period as
7described in paragraph (3) of this Section, the State's
8Attorney shall declare the property forfeited and shall
9promptly notify the owner and all known interest holders of the
10property and the Director of State Police of the declaration of
11forfeiture and the Director shall dispose of the property in
12accordance with law.
 
13    (720 ILCS 5/29B-13 new)
14    Sec. 29B-13. Judicial in rem procedures. If property seized
15under this Article is non-real property that exceeds $20,000 in
16value excluding the value of any conveyance, or is real
17property, or a claimant has filed a claim under paragraph (3)
18of Section 29B-12 of this Article, the following judicial in
19rem procedures shall apply:
20    (1) If, after a review of the facts surrounding the
21seizure, the State's Attorney is of the opinion that the seized
22property is subject to forfeiture, then within 28 days of the
23receipt of notice of seizure by the seizing agency or the
24filing of the claim, whichever is later, the State's Attorney
25shall institute judicial forfeiture proceedings by filing a

 

 

10000SB0564sam001- 124 -LRB100 04874 SLF 39019 a

1verified complaint for forfeiture. If authorized by law, a
2forfeiture shall be ordered by a court on an action in rem
3brought by a State's Attorney under a verified complaint for
4forfeiture.
5    (2) A complaint of forfeiture shall include:
6        (A) a description of the property seized;
7        (B) the date and place of seizure of the property;
8        (C) the name and address of the law enforcement agency
9    making the seizure; and
10        (D) the specific statutory and factual grounds for the
11    seizure.
12    (3) The complaint shall be served upon the person from whom
13the property was seized and all persons known or reasonably
14believed by the State to claim an interest in the property, as
15provided in Section 29B-10 of this Article. The complaint shall
16be accompanied by the following written notice:
17    "This is a civil court proceeding subject to the Code of
18Civil Procedure. You received this Complaint of Forfeiture
19because the State's Attorney's office has brought a legal
20action seeking forfeiture of your seized property. This
21complaint starts the court process where the State seeks to
22prove that your property should be forfeited and not returned
23to you. This process is also your opportunity to try to prove
24to a judge that you should get your property back. The
25complaint lists the date, time, and location of your first
26court date. You must appear in court on that day, or you may

 

 

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1lose the case automatically. You must also file an appearance
2and answer. If you are unable to pay the appearance fee, you
3may qualify to have the fee waived. If there is a criminal case
4related to the seizure of your property, your case may be set
5for trial after the criminal case has been resolved. Before
6trial, the judge may allow discovery, where the State can ask
7you to respond in writing to questions and give them certain
8documents, and you can make similar requests of the State. The
9trial is your opportunity to explain what happened when your
10property was seized and why you should get the property back."
11    (4) Forfeiture proceedings under this Article shall be
12subject to the Code of Civil Procedure and the rules of
13evidence relating to civil actions shall apply to proceedings
14under this Article with the following exception. The parties
15shall be allowed to use, and the court shall receive and
16consider, all relevant hearsay evidence that relates to
17evidentiary foundation, chain of custody, business records,
18recordings, laboratory analysis, laboratory reports, and
19relevant hearsay related to the use of technology in the
20investigation that resulted in the seizure of property that is
21subject to the forfeiture action.
22    (5) Only an owner of or interest holder in the property may
23file an answer asserting a claim against the property in the
24action in rem. For purposes of this Section, the owner or
25interest holder shall be referred to as claimant. Upon motion
26of the State, the court shall first hold a hearing, in which a

 

 

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1claimant shall establish by a preponderance of the evidence,
2that he or she has a lawful, legitimate ownership interest in
3the property and that it was obtained through a lawful source.
4    (6) The answer must be signed by the owner or interest
5holder under penalty of perjury and shall set forth:
6        (A) the caption of the proceedings as set forth on the
7    notice of pending forfeiture and the name of the claimant;
8        (B) the address at which the claimant will accept mail;
9        (C) the nature and extent of the claimant's interest in
10    the property;
11        (D) the date, identity of transferor, and
12    circumstances of the claimant's acquisition of the
13    interest in the property;
14        (E) the names and addresses of all other persons known
15    to have an interest in the property;
16        (F) all essential facts supporting each assertion;
17        (G) the precise relief sought;
18        (H) in a forfeiture action involving currency or its
19    equivalent, a claimant shall provide the State with notice
20    of his or her intent to allege that the currency or its
21    equivalent is not related to the alleged factual basis for
22    the forfeiture, and why; and
23        (I) the answer shall follow the rules under the Code of
24    Civil Procedure.
25    (7) The answer shall be filed with the court within 45 days
26after service of the civil in rem complaint.

 

 

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

 

 

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1    gave rise to its forfeiture;
2        (v) that if the claimant acquired the interest through
3    any person engaging in any of the conduct described above
4    or conduct giving rise to the forfeiture:
5            (a) the claimant did not acquire it as a bona fide
6        purchaser for value; or
7            (b) the claimant acquired the interest under the
8        circumstances that the claimant reasonably should have
9        known the property was derived from, or used in, the
10        conduct giving rise to the forfeiture; or
11        (vi) that the claimant is not the true owner of the
12    property that is subject to forfeiture.
13    (10) If the State does not meet its burden to show that the
14property is subject to forfeiture, the court shall order the
15interest in the property returned or conveyed to the claimant
16and shall order all other property forfeited to the State. If
17the State does meet its burden to show that the property is
18subject to forfeiture, the court shall order all property
19forfeited to the State.
20    (11) A defendant convicted in any criminal proceeding is
21precluded from later denying the essential allegations of the
22criminal offense of which the defendant was convicted in any
23proceeding under this Article regardless of the pendency of an
24appeal from that conviction. However, evidence of the pendency
25of an appeal is admissible.
26    (12) On a motion by the parties, the court may stay civil

 

 

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1forfeiture proceedings during the criminal trial for a related
2criminal indictment or information alleging a money laundering
3violation. Such a stay shall not be available pending an
4appeal. Property subject to forfeiture under this Article shall
5not be subject to return or release by a court exercising
6jurisdiction over a criminal case involving the seizure of the
7property unless the return or release is consented to by the
8State's Attorney.
 
9    (720 ILCS 5/29B-14 new)
10    Sec. 29B-14. Innocent owner hearing.
11    (a) After a complaint for forfeiture has been filed and all
12claimants have appeared and answered, a claimant may file a
13motion with the court for an innocent owner hearing prior to
14trial. This motion shall be made and supported by sworn
15affidavit and shall assert the following along with specific
16facts that support each assertion:
17        (1) that the claimant filing the motion is the true
18    owner of the conveyance as interpreted by case law;
19        (2) that the claimant was not legally accountable for
20    the conduct giving rise to the forfeiture or acquiesced in
21    the conduct;
22        (3) that the claimant did not solicit, conspire, or
23    attempt to commit the conduct giving rise to the
24    forfeiture;
25        (4) that the claimant did not know or did not have

 

 

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

 

 

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1    burden of the claimant to prove each of the assertions
2    listed in subsection (a) of this Section by a preponderance
3    of the evidence.
4        (3) If a claimant meets his or her burden of proof, the
5    court shall grant the motion and order the property
6    returned to the claimant. If the claimant fails to meet his
7    or her burden of proof, then the court shall deny the
8    motion and the forfeiture case shall proceed according to
9    the Code of Civil Procedure.
 
10    (720 ILCS 5/29B-15 new)
11    Sec. 29B-15. Burden and commencement of forfeiture action.
12    (a) Notwithstanding any other provision of this Article,
13the State's burden of proof at the trial of the forfeiture
14action shall be by clear and convincing evidence if:
15        (1) a finding of not guilty is entered as to all counts
16    and all defendants in a criminal proceeding relating to the
17    conduct giving rise to the forfeiture action; or
18        (2) the State receives an adverse finding at a
19    preliminary hearing and fails to secure an indictment in a
20    criminal proceeding relating to the factual allegations of
21    the forfeiture action.
22    (b) All property declared forfeited under this Article
23vests in the State on the commission of the conduct giving rise
24to forfeiture together with the proceeds of the property after
25that time. Except as otherwise provided in this Article, title

 

 

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1to any property or proceeds subject to forfeiture subsequently
2transferred to any person remain subject to forfeiture and
3thereafter shall be ordered forfeited unless the person to whom
4the property was transferred makes an appropriate claim and has
5his or her claim adjudicated at the judicial in rem hearing.
6    (c) A civil action under this Article shall be commenced
7within 5 years after the last conduct giving rise to forfeiture
8became known or should have become known or 5 years after the
9forfeitable property is discovered, whichever is later,
10excluding any time during which either the property or claimant
11is out of the State or in confinement or during which criminal
12proceedings relating to the same conduct are in progress.
 
13    (720 ILCS 5/29B-16 new)
14    Sec. 29B-16. Joint tenancy or tenancy in common. If
15property is ordered forfeited under this Section from a
16claimant who held title to the property in joint tenancy or
17tenancy in common with another claimant, the court shall
18determine the amount of each owner's interest in the property
19according to principles of property law.
 
20    (720 ILCS 5/29B-17 new)
21    Sec. 29B-17. Exception for bona fide purchasers. No
22property shall be forfeited under this Article from a person
23who, without actual or constructive notice that the property
24was the subject of forfeiture proceedings, obtained possession

 

 

10000SB0564sam001- 133 -LRB100 04874 SLF 39019 a

1of the property as a bona fide purchaser for value. A person
2who purports to affect transfer of 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    (720 ILCS 5/29B-18 new)
8    Sec. 29B-18. Proportionality. Property that is forfeited
9shall be subject to an 8th Amendment to the United States
10Constitution disproportionate penalties analysis and the
11property forfeiture may be denied in whole or in part if the
12court finds that the forfeiture would constitute an excessive
13fine in violation of the 8th Amendment as interpreted by case
14law.
 
15    (720 ILCS 5/29B-19 new)
16    Sec. 29B-19. Stay of time periods. If property is seized
17for evidence and for forfeiture, the time periods for
18instituting judicial and non-judicial forfeiture proceedings
19shall not begin until the property is no longer necessary for
20evidence.
 
21    (720 ILCS 5/29B-20 new)
22    Sec. 29B-20. Settlement of claims. Notwithstanding other
23provisions of this Article, the State's Attorney and a claimant

 

 

10000SB0564sam001- 134 -LRB100 04874 SLF 39019 a

1of seized property may enter into an agreed-upon settlement
2concerning the seized property in such an amount and upon such
3terms as are set out in writing in a settlement agreement. All
4proceeds from a settlement agreement shall be tendered to the
5Department of State Police and distributed under Section 29B-26
6of this Article.
 
7    (720 ILCS 5/29B-21 new)
8    Sec. 29B-21. Attorney's fees. Nothing in this Article
9applies to property that constitutes reasonable bona fide
10attorney's fees paid to an attorney for services rendered or to
11be rendered in the forfeiture proceeding or criminal proceeding
12relating directly thereto if the property was paid before its
13seizure, before the issuance of any seizure warrant or court
14order prohibiting transfer of the property and if the attorney,
15at the time he or she received the property did not know that
16it was property subject to forfeiture under this Article.
 
17    (720 ILCS 5/29B-22 new)
18    Sec. 29B-22. Construction.
19    (a) It is the intent of the General Assembly that the
20forfeiture provisions of this Article be liberally construed so
21as to effect their remedial purpose. The forfeiture of property
22and other remedies under this Article shall be considered to be
23in addition to, and not exclusive of, any sentence or other
24remedy provided by law.

 

 

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1    (b) The changes made to this Article by Public Act 100-0512
2and this amendatory Act of the 100th General Assembly are
3subject to Section 2 of the Statute on Statutes.
 
4    (720 ILCS 5/29B-23 new)
5    Sec. 29B-23. Judicial review. If property has been declared
6forfeited under Section 29B-12 of this Article, any person who
7has an interest in the property declared forfeited may, within
830 days after the effective date of the notice of the
9declaration of forfeiture, file a claim as described in
10paragraph (3) of Section 29B-12 of this Article. If a claim is
11filed under this Section, then the procedures described in
12Section of 29B-13 of this Article apply.
 
13    (720 ILCS 5/29B-24 new)
14    Sec. 29B-24. Review of administrative decisions. All
15administrative findings, rulings, final determinations,
16findings, and conclusions of the State's Attorney's Office
17under this Article are final and conclusive decisions of the
18matters involved. Any person aggrieved by the decision may
19obtain review of the decision under the provisions of the
20Administrative Review Law and the rules adopted under that Law.
21Pending final decision on such review, the administrative acts,
22orders, and rulings of the State's Attorney's Office remain in
23full force and effect unless modified or suspended by order of
24court pending final judicial decision. Pending final decision

 

 

10000SB0564sam001- 136 -LRB100 04874 SLF 39019 a

1on such review, the acts, orders, and rulings of the State's
2Attorney's Office remain in full force and effect, unless
3stayed by order of court. However, no stay of any decision of
4the administrative agency shall issue unless the person
5aggrieved by the decision establishes by a preponderance of the
6evidence that good cause exists for the stay. In determining
7good cause, the court shall find that the aggrieved party has
8established a substantial likelihood of prevailing on the
9merits and that granting the stay will not have an injurious
10effect on the general public.
 
11    (720 ILCS 5/29B-25 new)
12    Sec. 29B-25. Return of property, damages, and costs.
13    (a) The law enforcement agency that holds custody of
14property seized for forfeiture shall deliver property ordered
15by the court to be returned or conveyed to the claimant within
16a reasonable time not to exceed 7 days, unless the order is
17stayed by the trial court or a reviewing court pending an
18appeal, motion to reconsider, or other reason.
19    (b) The law enforcement agency that holds custody of
20property is responsible for any damages, storage fees, and
21related costs applicable to property returned. The claimant
22shall not be subject to any charges by the State for storage of
23the property or expenses incurred in the preservation of the
24property. Charges for the towing of a conveyance shall be borne
25by the claimant unless the conveyance was towed for the sole

 

 

10000SB0564sam001- 137 -LRB100 04874 SLF 39019 a

1reason of seizure for forfeiture. This Section does not
2prohibit the imposition of any fees or costs by a home rule
3unit of local government related to the impoundment of a
4conveyance under an ordinance enacted by the unit of
5government.
6    (c) A law enforcement agency shall not retain forfeited
7property for its own use or transfer the property to any person
8or entity, except as provided under this Section. A law
9enforcement agency may apply in writing to the Director of
10State Police to request that forfeited property be awarded to
11the agency for a specifically articulated official law
12enforcement use in an investigation. The Director shall provide
13a written justification in each instance detailing the reasons
14why the forfeited property was placed into official use and the
15justification shall be retained for a period of not less than 3
16years.
17    (d) 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
22that 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

 

 

10000SB0564sam001- 138 -LRB100 04874 SLF 39019 a

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    (720 ILCS 5/29B-26 new)
5    Sec. 29B-26. Distribution of proceeds.
6    All monies and the sale proceeds of all other property
7forfeited and seized under this Article shall be distributed as
8follows:
9        (1) 65% shall be distributed to the metropolitan
10    enforcement group, local, municipal, county, or State law
11    enforcement agency or agencies that 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 the
15    law enforcement agency in the effort resulting in the
16    forfeiture, taking into account the total value of the
17    property forfeited and the total law enforcement effort
18    with respect to the violation of the law upon which the
19    forfeiture is based. Amounts distributed to the agency or
20    agencies shall be used for the enforcement of laws.
21        (2)(i) 12.5% shall be distributed to the Office of the
22    State's Attorney of the county in which the prosecution
23    resulting in the forfeiture was instituted, deposited in a
24    special fund in the county treasury and appropriated to the
25    State's Attorney for use in the enforcement of laws. In

 

 

10000SB0564sam001- 139 -LRB100 04874 SLF 39019 a

1    counties over 3,000,000 population, 25% shall be
2    distributed to the Office of the State's Attorney for use
3    in the enforcement of laws. If the prosecution is
4    undertaken solely by the Attorney General, the portion
5    provided under this subparagraph (i) shall be distributed
6    to the Attorney General for use in the enforcement of laws.
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. The Office of the State's Attorneys Appellate
13    Prosecutor shall not receive distribution from cases
14    brought in counties with over 3,000,000 population.
15    (3) 10% shall be retained by the Department of State Police
16for expenses related to the administration and sale of seized
17and forfeited property.
18    Moneys and the sale proceeds distributed to the Department
19of State Police under this Article shall be deposited in the
20Money Laundering Asset Recovery Fund created in the State
21treasury and shall be used by the Department of State Police
22for State law enforcement purposes. All moneys and sale
23proceeds of property forfeited and seized under this Article
24and distributed according to this Section may also be used to
25purchase opioid antagonists as defined in Section 5-23 of the
26Alcoholism and Other Drug Abuse and Dependency Act.
 

 

 

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1    (720 ILCS 5/29B-27 new)
2    Sec. 29B-27. Applicability; savings clause.
3    (a) The changes made to this Article by Public Act 100-0512
4and this amendatory Act of the 100th General Assembly only
5apply to property seized on and after July 1, 2018.
6    (b) The changes made to this Article by this amendatory Act
7of the 100th General Assembly are subject to Section 4 of the
8Statute on Statutes.
 
9    (720 ILCS 5/33G-6)
10    (Text of Section before amendment by P.A. 100-512)
11    (Section scheduled to be repealed on June 11, 2022)
12    Sec. 33G-6. Remedial proceedings, procedures, and
13forfeiture. Under this Article:
14    (a) The circuit court shall have jurisdiction to prevent
15and restrain violations of this Article by issuing appropriate
16orders, including:
17        (1) ordering any person to disgorge illicit proceeds
18    obtained by a violation of this Article or divest himself
19    or herself of any interest, direct or indirect, in any
20    enterprise or real or personal property of any character,
21    including money, obtained, directly or indirectly, by a
22    violation of this Article;
23        (2) imposing reasonable restrictions on the future
24    activities or investments of any person or enterprise,

 

 

10000SB0564sam001- 141 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 142 -LRB100 04874 SLF 39019 a

1    including prohibiting any person or enterprise from
2    engaging in the same type of endeavor as the person or
3    enterprise engaged in, that violated this Article; or
4        (3) ordering dissolution or reorganization of any
5    enterprise, making due provision for the rights of innocent
6    persons.
7    (b) Any violation of this Article is subject to the
8remedies, procedures, and forfeiture as set forth in Article
929B subsections (f) through (s) of Section 29B-1 of this Code.
10    (c) Property seized or forfeited under this Article is
11subject to reporting under the Seizure and Forfeiture Reporting
12Act.
13(Source: P.A. 100-512, eff. 7-1-18.)
 
14    (720 ILCS 5/36-1.1)
15    (This Section may contain text from a Public Act with a
16delayed effective date)
17    Sec. 36-1.1. Seizure.
18    (a) Any property subject to forfeiture under this Article
19may be seized and impounded by the Director of State Police or
20any peace officer upon process or seizure warrant issued by any
21court having jurisdiction over the property.
22    (b) Any property subject to forfeiture under this Article
23may be seized and impounded by the Director of State Police or
24any peace officer without process if there is probable cause to
25believe that the property is subject to forfeiture under

 

 

10000SB0564sam001- 143 -LRB100 04874 SLF 39019 a

1Section 36-1 of this Article and the property is seized under
2circumstances in which a warrantless seizure or arrest would be
3reasonable.
4    (c) If the seized property is a conveyance, an
5investigation shall be made by the law enforcement agency as to
6any person whose right, title, interest, or lien is of record
7in the office of the agency or official in which title to or
8interest in to the conveyance is required by law to be
9recorded.
10    (d) After seizure under this Section, notice shall be given
11to all known interest holders that forfeiture proceedings,
12including a preliminary review, may be instituted and the
13proceedings may be instituted under this Article.
14(Source: P.A. 100-512, eff. 7-1-18.)
 
15    (720 ILCS 5/36-1.3)
16    (This Section may contain text from a Public Act with a
17delayed effective date)
18    Sec. 36-1.3. Safekeeping of seized property pending
19disposition.
20    (a) Property seized under this Article is deemed to be in
21the custody of the Director of State Police, subject only to
22the order and judgments of the circuit court having
23jurisdiction over the forfeiture proceedings and the decisions
24of the State's Attorney under this Article.
25    (b) If property is seized under this Article, the seizing

 

 

10000SB0564sam001- 144 -LRB100 04874 SLF 39019 a

1agency shall promptly conduct an inventory of the seized
2property and estimate the property's value, and shall forward a
3copy of the inventory of seized property and the estimate of
4the property's value to the Director of State Police. Upon
5receiving notice of seizure, the Director of State Police may:
6        (1) place the property under seal;
7        (2) remove the property to a place designated by the
8    Director of State Police;
9        (3) keep the property in the possession of the seizing
10    agency;
11        (4) remove the property to a storage area for
12    safekeeping; or
13        (5) place the property under constructive seizure by
14    posting notice of pending forfeiture on it, by giving
15    notice of pending forfeiture to its owners and interest
16    holders, or by filing notice of pending forfeiture in any
17    appropriate public record relating to the property; or
18        (6) provide for another agency or custodian, including
19    an owner, secured party, or lienholder, to take custody of
20    the property upon the terms and conditions set by the
21    seizing agency.
22    (c) The seizing agency shall exercise ordinary care to
23protect the subject of the forfeiture from negligent loss,
24damage, or destruction.
25    (d) Property seized or forfeited under this Article is
26subject to reporting under the Seizure and Forfeiture Reporting

 

 

10000SB0564sam001- 145 -LRB100 04874 SLF 39019 a

1Act.
2(Source: P.A. 100-512, eff. 7-1-18.)
 
3    (720 ILCS 5/36-1.4)
4    (This Section may contain text from a Public Act with a
5delayed effective date)
6    Sec. 36-1.4. Notice to State's Attorney. The law
7enforcement agency seizing property for forfeiture under this
8Article shall, as soon as practicable but not later than 28
9days after the seizure, notify the State's Attorney for the
10county in which an act or omission giving rise to the seizure
11occurred or in which the property was seized and the facts and
12circumstances giving rise to the seizure, and shall provide the
13State's Attorney with the inventory of the property and its
14estimated value. The notice shall be by the delivery of
15Illinois State Police Notice/Inventory of Seized Property
16(Form 4-64) the form 4-64. If the property seized for
17forfeiture is a vehicle, the law enforcement agency seizing the
18property shall immediately notify the Secretary of State that
19forfeiture proceedings are pending regarding the vehicle.
20(Source: P.A. 100-512, eff. 7-1-18.)
 
21    (720 ILCS 5/36-1.5)
22    (Text of Section before amendment by P.A. 100-512)
23    Sec. 36-1.5. Preliminary review.
24    (a) Within 14 days of the seizure, the State's Attorney in

 

 

10000SB0564sam001- 146 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 147 -LRB100 04874 SLF 39019 a

1substantial hardship. The court shall consider the following
2factors in determining whether a substantial hardship has been
3proven:
4        (1) the nature of the claimed hardship;
5        (2) the availability of public transportation or other
6    available means of transportation; and
7        (3) any available alternatives to alleviate the
8    hardship other than the return of the seized conveyance.
9    If the court determines that a substantial hardship has
10been proven, the court shall then balance the nature of the
11hardship against the State's interest in safeguarding the
12conveyance. If the court determines that the hardship outweighs
13the State's interest in safeguarding the conveyance, the court
14may temporarily release the conveyance to the registered owner
15or the registered owner's authorized designee, or both, until
16the conclusion of the forfeiture proceedings or for such
17shorter period as ordered by the court provided that the person
18to whom the conveyance is released provides proof of insurance
19and a valid driver's license and all State and local
20registrations for operation of the conveyance are current. The
21court shall place conditions on the conveyance limiting its use
22to the stated hardship and restricting the conveyance's use to
23only those individuals authorized to use the conveyance by the
24registered owner. The court shall revoke the order releasing
25the conveyance and order that the conveyance be reseized by law
26enforcement if the conditions of release are violated or if the

 

 

10000SB0564sam001- 148 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 149 -LRB100 04874 SLF 39019 a

1the conveyance was released shall return the conveyance to the
2law enforcement agency that seized the conveyance within 7 days
3from the date of the declaration of forfeiture or order of
4forfeiture. If the conveyance is not returned within 7 days,
5the cash security shall be forfeited in the same manner as the
6conveyance subject to forfeiture. If the cash security was less
7than the full market value, a judgment shall be entered against
8the parties to whom the conveyance was released and the
9registered owner, jointly and severally, for the difference
10between the full market value and the amount of the cash
11security. If the conveyance is returned in a condition other
12than the condition in which it was released, the cash security
13shall be returned to the surety who posted the security minus
14the amount of the diminished value, and that amount shall be
15forfeited in the same manner as the conveyance subject to
16forfeiture. Additionally, the court may enter an order allowing
17any law enforcement agency in the State of Illinois to seize
18the conveyance wherever it may be found in the State to satisfy
19the judgment if the cash security was less than the full market
20value of the conveyance.
21(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;
2298-1020, eff. 8-22-14.)
 
23    (Text of Section after amendment by P.A. 100-512)
24    Sec. 36-1.5. Preliminary review.
25    (a) Within 14 days of the seizure, the State's Attorney of

 

 

10000SB0564sam001- 150 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 151 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 152 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 153 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 154 -LRB100 04874 SLF 39019 a

1the conveyance wherever it may be found in the State to satisfy
2the judgment if the cash security was less than the full market
3value of the conveyance.
4(Source: P.A. 100-512, eff. 7-1-18.)
 
5    (720 ILCS 5/36-2)  (from Ch. 38, par. 36-2)
6    (Text of Section before amendment by P.A. 100-512)
7    Sec. 36-2. Action for forfeiture.
8    (a) The State's Attorney in the county in which such
9seizure occurs if he or she finds that the forfeiture was
10incurred without willful negligence or without any intention on
11the part of the owner of the vessel or watercraft, vehicle or
12aircraft or any person whose right, title or interest is of
13record as described in Section 36-1, to violate the law, or
14finds the existence of such mitigating circumstances as to
15justify remission of the forfeiture, may cause the law
16enforcement agency to remit the same upon such terms and
17conditions as the State's Attorney deems reasonable and just.
18The State's Attorney shall exercise his or her discretion under
19the foregoing provision of this Section 36-2(a) prior to or
20promptly after the preliminary review under Section 36-1.5.
21    (b) If the State's Attorney does not cause the forfeiture
22to be remitted he or she shall forthwith bring an action for
23forfeiture in the Circuit Court within whose jurisdiction the
24seizure and confiscation has taken place. The State's Attorney
25shall give notice of seizure and the forfeiture proceeding to

 

 

10000SB0564sam001- 155 -LRB100 04874 SLF 39019 a

1each person according to the following method: upon each person
2whose right, title, or interest is of record in the office of
3the Secretary of State, the Secretary of Transportation, the
4Administrator of the Federal Aviation Agency, or any other
5department of this State, or any other state of the United
6States if the vessel or watercraft, vehicle, or aircraft is
7required to be so registered, as the case may be, by delivering
8the notice and complaint in open court or by certified mail to
9the address as given upon the records of the Secretary of
10State, the Division of Aeronautics of the Department of
11Transportation, the Capital Development Board, or any other
12department of this State or the United States if the vessel or
13watercraft, vehicle, or aircraft is required to be so
14registered.
15    (c) The owner of the seized vessel or watercraft, vehicle,
16or aircraft or any person whose right, title, or interest is of
17record as described in Section 36-1, may within 20 days after
18delivery in open court or the mailing of such notice file a
19verified answer to the Complaint and may appear at the hearing
20on the action for forfeiture.
21    (d) The State shall show at such hearing by a preponderance
22of the evidence, that such vessel or watercraft, vehicle, or
23aircraft was used in the commission of an offense described in
24Section 36-1.
25    (e) The owner of such vessel or watercraft, vehicle, or
26aircraft or any person whose right, title, or interest is of

 

 

10000SB0564sam001- 156 -LRB100 04874 SLF 39019 a

1record as described in Section 36-1, may show by a
2preponderance of the evidence that he did not know, and did not
3have reason to know, that the vessel or watercraft, vehicle, or
4aircraft was to be used in the commission of such an offense or
5that any of the exceptions set forth in Section 36-3 are
6applicable.
7    (f) Unless the State shall make such showing, the Court
8shall order such vessel or watercraft, vehicle, or aircraft
9released to the owner. Where the State has made such showing,
10the Court may order the vessel or watercraft, vehicle, or
11aircraft destroyed or may order it forfeited to any local,
12municipal or county law enforcement agency, or the Department
13of State Police or the Department of Revenue of the State of
14Illinois.
15    (g) A copy of the order shall be filed with the law
16enforcement agency, and with each Federal or State office or
17agency with which such vessel or watercraft, vehicle, or
18aircraft is required to be registered. Such order, when filed,
19constitutes authority for the issuance of clear title to such
20vessel or watercraft, vehicle, or aircraft, to the department
21or agency to whom it is delivered or any purchaser thereof. The
22law enforcement agency shall comply promptly with instructions
23to remit received from the State's Attorney or Attorney General
24in accordance with Sections 36-2(a) or 36-3.
25    (h) The proceeds of any sale at public auction pursuant to
26Section 36-2 of this Act, after payment of all liens and

 

 

10000SB0564sam001- 157 -LRB100 04874 SLF 39019 a

1deduction of the reasonable charges and expenses incurred by
2the State's Attorney's Office shall be paid to the law
3enforcement agency having seized the vehicle for forfeiture.
4(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
599-78, eff. 7-20-15.)
 
6    (Text of Section after amendment by P.A. 100-512)
7    Sec. 36-2. Complaint for forfeiture.
8    (a) If the State's Attorney of in the county in which such
9seizure occurs finds that the alleged violation of law giving
10rise to the seizure was incurred without willful negligence or
11without any intention on the part of the owner of the vessel or
12watercraft, vehicle or aircraft or any person whose right,
13title or interest is of record as described in Section 36-1 of
14this Article, to violate the law, or finds the existence of
15such mitigating circumstances as to justify remission of the
16forfeiture, he or she may cause the law enforcement agency
17having custody of the property to return the property to the
18owner within a reasonable time not to exceed 7 days. The
19State's Attorney shall exercise his or her discretion under
20this subsection (a) prior to or promptly after the preliminary
21review under Section 36-1.5.
22    (b) If, after review of the facts surrounding the seizure,
23the State's Attorney is of the opinion that the seized property
24is subject to forfeiture and the State's Attorney does not
25cause the forfeiture to be remitted under subsection (a) of

 

 

10000SB0564sam001- 158 -LRB100 04874 SLF 39019 a

1this Section, he or she shall forthwith bring an action for
2forfeiture in the circuit court Circuit Court within whose
3jurisdiction the seizure and confiscation has taken place by
4filing a verified complaint for of forfeiture in the circuit
5court within whose jurisdiction the seizure occurred, or within
6whose jurisdiction an act or omission giving rise to the
7seizure occurred, subject to Supreme Court Rule 187. The
8complaint shall be filed as soon as practicable but not later
9less than 28 days after the State's Attorney receives notice
10from the seizing agency as provided a finding of probable cause
11at a preliminary review under Section 36-1.4 36-1.5 of this
12Article. A complaint of forfeiture shall include:
13        (1) a description of the property seized;
14        (2) the date and place of seizure of the property;
15        (3) the name and address of the law enforcement agency
16    making the seizure; and
17        (4) the specific statutory and factual grounds for the
18    seizure.
19    The complaint shall be served upon each person whose right,
20title, or interest is of record in the office of the Secretary
21of State, the Secretary of Transportation, the Administrator of
22the Federal Aviation Agency, or any other department of this
23State, or any other state of the United States if the vessel or
24watercraft, vehicle, or aircraft is required to be so
25registered, as the case may be, the person from whom the
26property was seized, and all persons known or reasonably

 

 

10000SB0564sam001- 159 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 160 -LRB100 04874 SLF 39019 a

1    (f) (Blank).
2    (g) (Blank).
3    (h) (Blank).
4(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
5    (720 ILCS 5/36-2.1)
6    (This Section may contain text from a Public Act with a
7delayed effective date)
8    Sec. 36-2.1. Notice to owner or interest holder. The first
9attempted service of notice shall be commenced within 28 days
10of the receipt of the notice from the seizing agency by Form
11the form 4-64. If the property seized is a conveyance, notice
12shall also be directed to the address reflected in the office
13of the agency or official in which title to or interest in to
14the conveyance is required by law to be recorded. A complaint
15for forfeiture shall be served upon the property owner or
16interest holder in the following manner:
17        (1) If the owner's or interest holder's name and
18    current address are known, then by either:
19            (A) personal service; or
20            (B) mailing a copy of the notice by certified mail,
21        return receipt requested, and first class mail, to that
22        address.
23                (i) If notice is sent by certified mail and no
24            signed return receipt is received by the State's
25            Attorney within 28 days of mailing, and no

 

 

10000SB0564sam001- 161 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 162 -LRB100 04874 SLF 39019 a

1        return of service returned to the State's Attorney.
2            The State's Attorney may utilize a Sheriff or
3        Deputy Sheriff, any peace officer, a private process
4        server or investigator, or any employee, agent, or
5        investigator of the State's Attorney's office to
6        attempt service without seeking leave of court.
7            After the procedures are followed, service shall
8        be effective on an owner or interest holder on the date
9        of receipt by the State's Attorney of a returned return
10        receipt requested, or on the date of receipt of a
11        communication from an owner or interest holder
12        documenting actual notice, whichever is first in time,
13        or on the date of the last act performed by the State's
14        Attorney in attempting personal service under item
15        (ii) of this paragraph (1). If notice is to be shown by
16        actual notice from communication with a claimant, then
17        the State's Attorney shall file an affidavit providing
18        details of the communication, which shall be accepted
19        as sufficient proof of service by the court.
20            For purposes of notice under this Section, if a
21        person has been arrested for the conduct giving rise to
22        the forfeiture, the address provided to the arresting
23        agency at the time of arrest shall be deemed to be that
24        person's known address. Provided, however, if an owner
25        or interest holder's address changes prior to the
26        effective date of the complaint for forfeiture, the

 

 

10000SB0564sam001- 163 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 164 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 165 -LRB100 04874 SLF 39019 a

1of State Police, subject only to the order and judgments of the
2circuit court having jurisdiction over the forfeiture
3proceedings and the decisions of the State's Attorney.
4    (b) A claimant or a party interested in personal property
5contained within a seized conveyance may file a motion with the
6court in a judicial forfeiture action for the return of any
7personal property contained within a conveyance seized under
8this Article. The return of personal property shall not be
9unreasonably withheld if the personal property is not
10mechanically or electrically coupled to the conveyance, needed
11for evidentiary purposes, or otherwise contraband. A law
12enforcement agency that returns property under a court order
13under this Section shall not be liable to any person who claims
14ownership to the property if the property is returned to an
15improper party.
16(Source: P.A. 100-512, eff. 7-1-18.)
 
17    (720 ILCS 5/36-2.5)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    Sec. 36-2.5. Judicial in rem procedures.
21    (a) The laws of evidence relating to civil actions shall
22apply to judicial in rem proceedings under this Article.
23    (b) Only an owner of or interest holder in the property may
24file an answer asserting a claim against the property in the
25action in rem. For purposes of this Section, the owner or

 

 

10000SB0564sam001- 166 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 167 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 168 -LRB100 04874 SLF 39019 a

1any property or proceeds subsequently transferred to any person
2remain subject to forfeiture unless a person to whom the
3property was transferred makes an appropriate claim under or
4has the their claim adjudicated at the judicial in rem hearing.
5    (k) No property shall be forfeited under this Article from
6a person who, without actual or constructive notice that the
7property was the subject of forfeiture proceedings, obtained
8possession of the property as a bona fide purchaser for value.
9A person who purports to transfer property after receiving
10actual or constructive notice that the property is subject to
11seizure or forfeiture is guilty of contempt of court, and shall
12be liable to the State for a penalty in the amount of the fair
13market value of the property.
14    (l) A civil action under this Article shall be commenced
15within 5 years after the last conduct giving rise to forfeiture
16became known or should have become known or 5 years after the
17forfeitable property is discovered, whichever is later,
18excluding any time during which either the property or claimant
19is out of the State or in confinement or during which criminal
20proceedings relating to the same conduct are in progress.
21    (m) If property is ordered forfeited under this Article
22from a claimant who held title to the property in joint tenancy
23or tenancy in common with another claimant, the court shall
24determine the amount of each owner's interest in the property
25according to principles of property law.
26(Source: P.A. 100-512, eff. 7-1-18.)
 

 

 

10000SB0564sam001- 169 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 170 -LRB100 04874 SLF 39019 a

1    (c) (d) After discovery is complete and the court has
2allowed for sufficient time to review and investigate the
3discovery responses, the court shall conduct a hearing. At the
4hearing, the fact that the conveyance is subject to forfeiture
5shall not be at issue. The court shall only hear evidence
6relating to the issue of innocent ownership.
7    (d) (e) At the hearing on the motion, the claimant shall
8bear the burden of proving each of the assertions listed in
9subsection (a) of this Section by a preponderance of the
10evidence. (f) If a claimant meets the their burden of proof,
11the court shall grant the motion and order the conveyance
12returned to the claimant. If the claimant fails to meet the
13their burden of proof, the court shall deny the motion and the
14forfeiture case shall proceed according to the Code Rules of
15Civil Procedure.
16(Source: P.A. 100-512, eff. 7-1-18.)
 
17    (720 ILCS 5/36-7)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    Sec. 36-7. Distribution of proceeds; selling or retaining
21seized property prohibited.
22    (a) Except as otherwise provided in this Section, the court
23shall order that property forfeited under this Article be
24delivered to the Department of State Police within 60 days.
25    (b) The Department of State Police or its designee shall

 

 

10000SB0564sam001- 171 -LRB100 04874 SLF 39019 a

1dispose of all property at public auction and shall distribute
2the proceeds of the sale, together with any moneys forfeited or
3seized, under subsection (c) of this Section.
4    (c) All moneys monies and the sale proceeds of all other
5property forfeited and seized under this Act shall be
6distributed as follows:
7        (1) 65% shall be distributed to the drug task force,
8    metropolitan enforcement group, local, municipal, county,
9    or State state law enforcement agency or agencies that
10    which conducted or participated in the investigation
11    resulting in the forfeiture. The distribution shall bear a
12    reasonable relationship to the degree of direct
13    participation of the law enforcement agency in the effort
14    resulting in the forfeiture, taking into account the total
15    value of the property forfeited and the total law
16    enforcement effort with respect to the violation of the law
17    upon which the forfeiture is based. Amounts distributed to
18    the agency or agencies shall be used, at the discretion of
19    the agency, for the enforcement of criminal laws; or for
20    public education in the community or schools in the
21    prevention or detection of the abuse of drugs or alcohol;
22    or for security cameras used for the prevention or
23    detection of violence, except that amounts distributed to
24    the Secretary of State shall be deposited into the
25    Secretary of State Evidence Fund to be used as provided in
26    Section 2-115 of the Illinois Vehicle Code.

 

 

10000SB0564sam001- 172 -LRB100 04874 SLF 39019 a

1        Any local, municipal, or county law enforcement agency
2    entitled to receive a monetary distribution of forfeiture
3    proceeds may share those forfeiture proceeds pursuant to
4    the terms of an intergovernmental agreement with a
5    municipality that has a population in excess of 20,000 if:
6            (A) the receiving agency has entered into an
7        intergovernmental agreement with the municipality to
8        provide police services;
9            (B) the intergovernmental agreement for police
10        services provides for consideration in an amount of not
11        less than $1,000,000 per year;
12            (C) the seizure took place within the geographical
13        limits of the municipality; and
14            (D) the funds are used only for the enforcement of
15        criminal laws; for public education in the community or
16        schools in the prevention or detection of the abuse of
17        drugs or alcohol; or for security cameras used for the
18        prevention or detection of violence or the
19        establishment of a municipal police force, including
20        the training of officers, construction of a police
21        station, the purchase of law enforcement equipment, or
22        vehicles.
23        (2) 12.5% shall be distributed to the Office of the
24    State's Attorney of the county in which the prosecution
25    resulting in the forfeiture was instituted, deposited in a
26    special fund in the county treasury and appropriated to the

 

 

10000SB0564sam001- 173 -LRB100 04874 SLF 39019 a

1    State's Attorney for use, at the discretion of the State's
2    Attorney, in the enforcement of criminal laws; or for
3    public education in the community or schools in the
4    prevention or detection of the abuse of drugs or alcohol;
5    or at the discretion of the State's Attorney, in addition
6    to other authorized purposes, to make grants to local
7    substance abuse treatment facilities and half-way houses.
8    In counties over 3,000,000 population, 25% will be
9    distributed to the Office of the State's Attorney for use,
10    at the discretion of the State's Attorney, in the
11    enforcement of criminal laws; or for public education in
12    the community or schools in the prevention or detection of
13    the abuse of drugs or alcohol; or at the discretion of the
14    State's Attorney, in addition to other authorized
15    purposes, to make grants to local substance abuse treatment
16    facilities and half-way houses. If the prosecution is
17    undertaken solely by the Attorney General, the portion
18    provided shall be distributed to the Attorney General for
19    use in the enforcement of criminal laws governing cannabis
20    and controlled substances or for public education in the
21    community or schools in the prevention or detection of the
22    abuse of drugs or alcohol.
23        12.5% shall be distributed to the Office of the State's
24    Attorneys Appellate Prosecutor and shall be used at the
25    discretion of the State's Attorneys Appellate Prosecutor
26    for additional expenses incurred in the investigation,

 

 

10000SB0564sam001- 174 -LRB100 04874 SLF 39019 a

1    prosecution and appeal of cases arising in the enforcement
2    of criminal laws; or for public education in the community
3    or schools in the prevention or detection of the abuse of
4    drugs or alcohol. The Office of the State's Attorneys
5    Appellate Prosecutor shall not receive distribution from
6    cases brought in counties with over 3,000,000 population.
7        (3) 10% shall be retained by the Department of State
8    Police for expenses related to the administration and sale
9    of seized and forfeited property.
10    (d) A law enforcement agency shall not retain forfeited
11property for its own use or transfer the property to any person
12or entity, except as provided under this Section. A law
13enforcement agency may apply in writing to the Director of
14State Police to request that a forfeited property be awarded to
15the agency for a specifically articulated official law
16enforcement use in an investigation. The Director of State
17Police shall provide a written justification in each instance
18detailing the reasons why the forfeited property was placed
19into official use, and the justification shall be retained for
20a period of not less than 3 years.
21(Source: P.A. 100-512, eff. 7-1-18.)
 
22    (720 ILCS 5/36-10 new)
23    Sec. 36-10. Applicability; savings clause.
24    (a) The changes made to this Article by Public Act 100-0512
25and this amendatory Act of the 100th General Assembly only

 

 

10000SB0564sam001- 175 -LRB100 04874 SLF 39019 a

1apply to property seized on and after July 1, 2018.
2    (b) The changes made to this Article by this amendatory Act
3of the 100th General Assembly are subject to Section 4 of the
4Statute on Statutes.
 
5    Section 25. The Cannabis Control Act is amended by changing
6Section 12 as follows:
 
7    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
8    (Text of Section before amendment by P.A. 100-512)
9    Sec. 12. (a) The following are subject to forfeiture:
10        (1) all substances containing cannabis which have been
11    produced, manufactured, delivered, or possessed in
12    violation of this Act;
13        (2) all raw materials, products and equipment of any
14    kind which are produced, delivered, or possessed in
15    connection with any substance containing cannabis in
16    violation 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

 

 

10000SB0564sam001- 176 -LRB100 04874 SLF 39019 a

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 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 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 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 to a land trust, in the
26    whole of any lot or tract of land and any appurtenances or

 

 

10000SB0564sam001- 177 -LRB100 04874 SLF 39019 a

1    improvements, that is used or intended to be used to
2    facilitate the manufacture, distribution, sale, receipt,
3    or concealment of property described in paragraph (1) or
4    (2) of this subsection (a) that constitutes a felony
5    violation of more than 2,000 grams of a substance
6    containing cannabis or that is the proceeds of any felony
7    violation of this Act.
8    (b) Property subject to forfeiture under this Act may be
9seized by the Director or any peace officer upon process or
10seizure warrant issued by any court having jurisdiction over
11the property. Seizure by the Director or any peace officer
12without process may be made:
13        (1) 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 Act or the Drug Asset Forfeiture
17    Procedure Act;
18        (2) if there is probable cause to believe that the
19    property is directly or indirectly dangerous to health or
20    safety;
21        (3) if there is probable cause to believe that the
22    property is subject to forfeiture under this Act and the
23    property is seized under circumstances in which a
24    warrantless seizure or arrest would be reasonable; or
25        (4) in accordance with the Code of Criminal Procedure
26    of 1963.

 

 

10000SB0564sam001- 178 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 179 -LRB100 04874 SLF 39019 a

1        (2) remove the property to a place designated by him;
2        (3) keep the property in the possession of the seizing
3    agency;
4        (4) remove the property to a storage area for
5    safekeeping or, if the property is a negotiable instrument
6    or money and is not needed for evidentiary purposes,
7    deposit it in an interest bearing account;
8        (5) place the property under constructive seizure by
9    posting notice of pending forfeiture on it, by giving
10    notice of pending forfeiture to its owners and interest
11    holders, or by filing notice of pending forfeiture in any
12    appropriate public record relating to the property; or
13        (6) provide for another agency or custodian, including
14    an owner, secured party, or lienholder, to take custody of
15    the property upon the terms and conditions set by the
16    Director.
17    (e) No disposition may be made of property under seal until
18the time for taking an appeal has elapsed or until all appeals
19have been concluded unless a court, upon application therefor,
20orders the sale of perishable substances and the deposit of the
21proceeds of the sale with the court.
22    (f) When property is forfeited under this Act the Director
23shall sell all such property unless such property is required
24by law to be destroyed or is harmful to the public, and shall
25distribute the proceeds of the sale, together with any moneys
26forfeited or seized, in accordance with subsection (g).

 

 

10000SB0564sam001- 180 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 181 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 182 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 183 -LRB100 04874 SLF 39019 a

1    in the enforcement of laws governing cannabis and
2    controlled substances; for public education in the
3    community or schools in the prevention or detection of the
4    abuse of drugs or alcohol; or at the discretion of the
5    State's Attorney, in addition to other authorized
6    purposes, to make grants to local substance abuse treatment
7    facilities and half-way houses. If the prosecution is
8    undertaken solely by the Attorney General, the portion
9    provided hereunder shall be distributed to the Attorney
10    General for use in the enforcement of laws governing
11    cannabis and controlled substances.
12        (ii) 12.5% shall be distributed to the Office of the
13    State's Attorneys Appellate Prosecutor and deposited in
14    the Narcotics Profit Forfeiture Fund of that Office to be
15    used for additional expenses incurred in the
16    investigation, prosecution and appeal of cases arising
17    under laws governing cannabis and controlled substances or
18    for public education in the community or schools in the
19    prevention or detection of the abuse of drugs or alcohol.
20    The Office of the State's Attorneys Appellate Prosecutor
21    shall not receive distribution from cases brought in
22    counties with over 3,000,000 population.
23        (3) 10% shall be retained by the Department of State
24    Police for expenses related to the administration and sale
25    of seized and forfeited property.
26(Source: P.A. 99-686, eff. 7-29-16.)
 

 

 

10000SB0564sam001- 184 -LRB100 04874 SLF 39019 a

1    (Text of Section after amendment by P.A. 100-512)
2    Sec. 12. (a) The following are subject to forfeiture:
3        (1) (blank);
4        (2) all raw materials, products, and equipment of any
5    kind which are produced, delivered, or possessed in
6    connection with any substance containing cannabis in a
7    felony violation of this Act;
8        (3) all conveyances, including aircraft, vehicles, or
9    vessels, which are used, or intended for use, to transport,
10    or in any manner to facilitate the transportation, sale,
11    receipt, possession, or concealment of any substance
12    containing cannabis or property described in paragraph (2)
13    of this subsection (a) that constitutes a felony violation
14    of the Act, but:
15            (i) no conveyance used by any person as a common
16        carrier in the transaction of business as a common
17        carrier is subject to forfeiture under this Section
18        unless it appears that the owner or other person in
19        charge of the conveyance is a consenting party or privy
20        to the violation;
21            (ii) no conveyance is subject to forfeiture under
22        this Section by reason of any act or omission which the
23        owner proves to have been committed or omitted without
24        his knowledge or consent;
25            (iii) a forfeiture of a conveyance encumbered by a

 

 

10000SB0564sam001- 185 -LRB100 04874 SLF 39019 a

1        bona fide security interest is subject to the interest
2        of the secured party if he neither had knowledge of nor
3        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 for
7    use in a felony violation of this Act;
8        (5) everything of value furnished or intended to be
9    furnished by any person in exchange for a substance in
10    violation of this Act, all proceeds traceable to such an
11    exchange, and all moneys, negotiable instruments, and
12    securities used, or intended to be used, to commit or in
13    any manner to facilitate any felony 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 to a land trust, in
17    the whole of any lot or tract of land and any appurtenances
18    or improvements, that is used or intended to be used to
19    facilitate the manufacture, distribution, sale, receipt,
20    or concealment of a substance containing cannabis or
21    property described in paragraph (2) of this subsection (a)
22    that constitutes a felony violation of this Act involving
23    more than 2,000 grams of a substance containing cannabis or
24    that is the proceeds of any felony violation of this Act.
25    (b) Property subject to forfeiture under this Act may be
26seized under the Drug Asset Forfeiture Procedure Act. In the

 

 

10000SB0564sam001- 186 -LRB100 04874 SLF 39019 a

1event of seizure, forfeiture proceedings shall be instituted
2under the Drug Asset Forfeiture Procedure Act.
3    (c) Forfeiture under this Act is subject to subject to an
48th Amendment amendment to the United States Constitution
5disproportionate penalties analysis as provided under Section
69.5 of the Drug Asset Forfeiture Procedure Act.
7    (c-1) With regard to possession of cannabis offenses only,
8a sum of currency with a value of less than $500 shall not be
9subject to forfeiture under this Act. For all other offenses
10under this Act, a sum of currency with a value of less than
11$100 shall not be subject to forfeiture under this Act. In
12seizures of currency in excess of these amounts, this Section
13shall not create an exemption for these amounts.
14    (d) (Blank).
15    (e) (Blank).
16    (f) (Blank).
17    (g) (Blank).
18    (h) Contraband, including cannabis possessed without
19authorization under State or federal law, is not subject to
20forfeiture. No property right exists in contraband. Contraband
21is subject to seizure and shall be disposed of according to
22State law.
23    (i) 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    (j) The changes made to this Section by this amendatory Act

 

 

10000SB0564sam001- 187 -LRB100 04874 SLF 39019 a

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 30. The Illinois Controlled Substances Act is
5amended by changing Section 505 as follows:
 
6    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
7    (Text of Section before amendment by P.A. 100-512)
8    Sec. 505. (a) The following are subject to forfeiture:
9        (1) all substances which have been manufactured,
10    distributed, dispensed, or possessed in violation of this
11    Act;
12        (2) all raw materials, products and equipment of any
13    kind which are used, or intended for use in manufacturing,
14    distributing, dispensing, administering or possessing any
15    substance in violation of this Act;
16        (3) all conveyances, including aircraft, vehicles or
17    vessels, which are used, or intended for use, to transport,
18    or in any manner to facilitate the transportation, sale,
19    receipt, possession, or concealment of property described
20    in paragraphs (1) and (2), 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

 

 

10000SB0564sam001- 188 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 189 -LRB100 04874 SLF 39019 a

1    the commission of, any violation or act that constitutes a
2    violation of Section 401 or 405 of this Act or that is the
3    proceeds of any violation or act that constitutes a
4    violation of Section 401 or 405 of this Act.
5    (b) Property subject to forfeiture under this Act may be
6seized by the Director or any peace officer upon process or
7seizure warrant issued by any court having jurisdiction over
8the property. Seizure by the Director or any peace officer
9without process may be made:
10        (1) if the seizure is incident to inspection under an
11    administrative inspection warrant;
12        (2) if the property subject to seizure has been the
13    subject of a prior judgment in favor of the State in a
14    criminal proceeding, or in an injunction or forfeiture
15    proceeding based upon this Act or the Drug Asset Forfeiture
16    Procedure Act;
17        (3) if there is probable cause to believe that the
18    property is directly or indirectly dangerous to health or
19    safety;
20        (4) if there is probable cause to believe that the
21    property is subject to forfeiture under this Act and the
22    property is seized under circumstances in which a
23    warrantless seizure or arrest would be reasonable; or
24        (5) in accordance with the Code of Criminal Procedure
25    of 1963.
26    (c) In the event of seizure pursuant to subsection (b),

 

 

10000SB0564sam001- 190 -LRB100 04874 SLF 39019 a

1notice shall be given forthwith to all known interest holders
2that forfeiture proceedings, including a preliminary review,
3shall be instituted in accordance with the Drug Asset
4Forfeiture Procedure Act and such proceedings shall thereafter
5be instituted in accordance with that Act. Upon a showing of
6good cause, the notice required for a preliminary review under
7this Section may be postponed.
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 and 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 the
21    Director;
22        (3) keep the property in the possession of the seizing
23    agency;
24        (4) remove the property to a storage area for
25    safekeeping or, if the property is a negotiable instrument
26    or money and is not needed for evidentiary purposes,

 

 

10000SB0564sam001- 191 -LRB100 04874 SLF 39019 a

1    deposit it in an interest bearing account;
2        (5) place the property under constructive seizure by
3    posting notice of pending forfeiture on it, by giving
4    notice of pending forfeiture to its owners and interest
5    holders, or by filing notice of pending forfeiture in any
6    appropriate public record relating to the property; or
7        (6) provide for another agency or custodian, including
8    an owner, secured party, or lienholder, to take custody of
9    the property upon the terms and conditions set by the
10    Director.
11    (e) If the Department of Financial and Professional
12Regulation suspends or revokes a registration, all controlled
13substances owned or possessed by the registrant at the time of
14suspension or the effective date of the revocation order may be
15placed under seal by the Director. No disposition may be made
16of substances under seal until the time for taking an appeal
17has elapsed or until all appeals have been concluded unless a
18court, upon application therefor, orders the sale of perishable
19substances and the deposit of the proceeds of the sale with the
20court. Upon a suspension or revocation order becoming final,
21all substances may be forfeited to the Illinois State Police.
22    (f) When property is forfeited under this Act the Director
23shall sell all such property unless such property is required
24by law to be destroyed or is harmful to the public, and shall
25distribute the proceeds of the sale, together with any moneys
26forfeited or seized, in accordance with subsection (g).

 

 

10000SB0564sam001- 192 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 193 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 194 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 195 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 196 -LRB100 04874 SLF 39019 a

1    of seized and forfeited property.
2    (h) Species of plants from which controlled substances in
3Schedules I and II may be derived which have been planted or
4cultivated in violation of this Act, or of which the owners or
5cultivators are unknown, or which are wild growths, may be
6seized and summarily forfeited to the State. The failure, upon
7demand by the Director or any peace officer, of the person in
8occupancy or in control of land or premises upon which the
9species of plants are growing or being stored, to produce
10registration, or proof that he or she is the holder thereof,
11constitutes authority for the seizure and forfeiture of the
12plants.
13(Source: P.A. 99-686, eff. 7-29-16.)
 
14    (Text of Section after amendment by P.A. 100-512)
15    Sec. 505. (a) The following are subject to forfeiture:
16        (1) (blank);
17        (2) all raw materials, products, and equipment of any
18    kind which are used, or intended for use in manufacturing,
19    distributing, dispensing, administering or possessing any
20    substance in violation of this Act;
21        (3) all conveyances, including aircraft, vehicles, or
22    vessels, which are used, or intended for use, to transport,
23    or in any manner to facilitate the transportation, sale,
24    receipt, possession, or concealment of substances
25    manufactured, distributed, dispensed, or possessed in

 

 

10000SB0564sam001- 197 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 198 -LRB100 04874 SLF 39019 a

1        (6) all real property, including any right, title, and
2    interest (including, but not limited to, any leasehold
3    interest or the beneficial interest in a land trust) in the
4    whole of any lot or tract of land and any appurtenances or
5    improvements, which is used or intended to be used, in any
6    manner or part, to commit, or in any manner to facilitate
7    the commission of, any violation or act that constitutes a
8    violation of Section 401 or 405 of this Act or that is the
9    proceeds of any violation or act that constitutes a
10    violation of Section 401 or 405 of this Act.
11    (b) Property subject to forfeiture under this Act may be
12seized under the Drug Asset Forfeiture Procedure Act. In the
13event of seizure, forfeiture proceedings shall be instituted
14under the Drug Asset Forfeiture Procedure Act.
15    (c) Forfeiture under this Act is subject to subject to an
168th Amendment amendment to the United States Constitution
17disproportionate penalties analysis as provided under Section
189.5 of the Drug Asset Forfeiture Procedure Act.
19    (d) With regard to possession of controlled substances
20offenses only, a sum of currency with a value of less than $500
21shall not be subject to forfeiture under this Act. For all
22other offenses under this Act, a sum of currency with a value
23of less than currency with a value of under $100 shall not be
24subject to forfeiture under this Act. In seizures of currency
25in excess of these amounts, this Section shall not create an
26exemption for these amounts.

 

 

10000SB0564sam001- 199 -LRB100 04874 SLF 39019 a

1    (d-5) For felony offenses involving possession of
2controlled substances only, no property shall be subject to
3forfeiture under this Act because of the possession of less
4than 2 single unit doses of a controlled substance. This
5exemption shall not apply in instances when the possessor, or
6another person at the direction of the possessor, engaged in
7the destruction of any amount of a controlled substance. The
8amount of a single unit dose shall be the State's burden to
9prove in its their case in chief.
10    (e) If the Department of Financial and Professional
11Regulation suspends or revokes a registration, all controlled
12substances owned or possessed by the registrant at the time of
13suspension or the effective date of the revocation order may be
14placed under seal by the Director. No disposition may be made
15of substances under seal until the time for taking an appeal
16has elapsed or until all appeals have been concluded unless a
17court, upon application therefor, orders the sale of perishable
18substances and the deposit of the proceeds of the sale with the
19court. Upon a suspension or revocation order becoming final,
20all substances are subject to seizure and forfeiture under the
21Drug Asset Forfeiture Procedure Act.
22    (f) (Blank).
23    (g) (Blank).
24    (h) (Blank).
25    (i) Contraband, including controlled substances possessed
26without authorization under State or federal law, is not

 

 

10000SB0564sam001- 200 -LRB100 04874 SLF 39019 a

1subject to forfeiture. No property right exists in contraband.
2Contraband is subject to seizure and shall be disposed of
3according to State law.
4    (j) The changes made to this Section by Public Act 100-0512
5and this amendatory Act of the 100th General Assembly only
6apply to property seized on and after July 1, 2018.
7    (k) The changes made to this Section by this amendatory Act
8of the 100th General Assembly are subject to Section 4 of the
9Statute on Statutes.
10(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
 
11    Section 35. The Methamphetamine Control and Community
12Protection Act is amended by changing Section 85 as follows:
 
13    (720 ILCS 646/85)
14    (Text of Section before amendment by P.A. 100-512)
15    Sec. 85. Forfeiture.
16    (a) The following are subject to forfeiture:
17        (1) all substances containing methamphetamine which
18    have been produced, manufactured, delivered, or possessed
19    in violation of this Act;
20        (2) all methamphetamine manufacturing materials which
21    have been produced, delivered, or possessed in connection
22    with any substance containing methamphetamine in violation
23    of this Act;
24        (3) all conveyances, including aircraft, vehicles or

 

 

10000SB0564sam001- 201 -LRB100 04874 SLF 39019 a

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

 

 

10000SB0564sam001- 202 -LRB100 04874 SLF 39019 a

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