Sen. William R. Haine

Filed: 3/19/2012

 

 


 

 


 
09700SB3778sam002LRB097 17712 RLC 67542 a

1
AMENDMENT TO SENATE BILL 3778

2    AMENDMENT NO. ______. Amend Senate Bill 3778, AS AMENDED,
3by inserting immediately below the enacting clause the
4following:
 
5    "Section 2. The Criminal Code of 1961 is amended by
6changing Section 36-1.5 as follows:
 
7    (720 ILCS 5/36-1.5)
8    Sec. 36-1.5. Preliminary Review.
9    (a) Within 21 14 days of the seizure, the State shall seek
10a preliminary determination from the circuit court as to
11whether there is probable cause that the property may be
12subject to forfeiture.
13    (b) The rules of evidence shall not apply to any proceeding
14conducted under this Section.
15    (c) The court may conduct the review under subsection (a)
16simultaneously with a proceeding pursuant to Section 109-1 of

 

 

09700SB3778sam002- 2 -LRB097 17712 RLC 67542 a

1the Code of Criminal Procedure of 1963 for a related criminal
2offense if a prosecution is commenced by information or
3complaint, however if the review is not conducted
4simultaneously, the court's findings shall not constitute a
5collateral estoppel to the filing of criminal charges.
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).
12    (e) (Blank). Upon making a finding of probable cause as
13required under this Section, and after taking into account the
14respective interests of all known claimants to the property
15including the State, the circuit court shall enter a
16restraining order or injunction, or take other appropriate
17action, as necessary to ensure that the property is not removed
18from the court's jurisdiction and is not concealed, destroyed,
19or otherwise disposed of by the property owner or interest
20holder before a forfeiture hearing is conducted.
21(Source: P.A. 97-544, eff. 1-1-12.)"; and
 
22in subsection (e) of Sec. 3.5 of Section 5, by replacing "(e)"
23with "(e) (Blank)".