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Full Text of HB4937  97th General Assembly

HB4937enr 97TH GENERAL ASSEMBLY



 


 
HB4937 EnrolledLRB097 17464 RLC 62667 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Section 12 as follows:
 
6    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
7    Sec. 12. (a) The following are subject to forfeiture:
8        (1) all substances containing cannabis which have been
9    produced, manufactured, delivered, or possessed in
10    violation of this Act;
11        (2) all raw materials, products and equipment of any
12    kind which are produced, delivered, or possessed in
13    connection with any substance containing cannabis in
14    violation of this Act;
15        (3) all conveyances, including aircraft, vehicles or
16    vessels, which are used, or intended for use, to transport,
17    or in any manner to facilitate the transportation, sale,
18    receipt, possession, or concealment of property described
19    in paragraph (1) or (2) that constitutes a felony violation
20    of the Act, 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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    substances.
2        (ii) 12.5% shall be distributed to the Office of the
3    State's Attorneys Appellate Prosecutor and deposited in
4    the Narcotics Profit Forfeiture Fund of that Office to be
5    used for additional expenses incurred in the
6    investigation, prosecution and appeal of cases arising
7    under laws governing cannabis and controlled substances.
8    The Office of the State's Attorneys Appellate Prosecutor
9    shall not receive distribution from cases brought in
10    counties with over 3,000,000 population.
11        (3) 10% shall be retained by the Department of State
12    Police for expenses related to the administration and sale
13    of seized and forfeited property.
14(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; revised
159-14-11.)
 
16    Section 10. The Illinois Controlled Substances Act is
17amended by changing Section 505 as follows:
 
18    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
19    Sec. 505. (a) The following are subject to forfeiture:
20        (1) all substances which have been manufactured,
21    distributed, dispensed, or possessed in violation of this
22    Act;
23        (2) all raw materials, products and equipment of any
24    kind which are used, or intended for use in manufacturing,

 

 

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

 

 

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1    furnished, in exchange for a substance in violation of this
2    Act, all proceeds traceable to such an exchange, and all
3    moneys, negotiable instruments, and securities used, or
4    intended to be used, to commit or in any manner to
5    facilitate any violation of this Act;
6        (6) all real property, including any right, title, and
7    interest (including, but not limited to, any leasehold
8    interest or the beneficial interest in a land trust) in the
9    whole of any lot or tract of land and any appurtenances or
10    improvements, which is used or intended to be used, in any
11    manner or part, to commit, or in any manner to facilitate
12    the commission of, any violation or act that constitutes a
13    violation of Section 401 or 405 of this Act or that is the
14    proceeds of any violation or act that constitutes a
15    violation of Section 401 or 405 of this Act.
16    (b) Property subject to forfeiture under this Act may be
17seized by the Director or any peace officer upon process or
18seizure warrant issued by any court having jurisdiction over
19the property. Seizure by the Director or any peace officer
20without process may be made:
21        (1) if the seizure is incident to inspection under an
22    administrative inspection 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
26    proceeding based upon this Act or the Drug Asset Forfeiture

 

 

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

 

 

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1value, and shall forward a copy of the inventory of seized
2property and the estimate of the property's value to the
3Director. Upon receiving notice of seizure, the Director may:
4        (1) place the property under seal;
5        (2) remove the property to a place designated by the
6    Director;
7        (3) keep the property in the possession of the seizing
8    agency;
9        (4) remove the property to a storage area for
10    safekeeping or, if the property is a negotiable instrument
11    or money and is not needed for evidentiary purposes,
12    deposit it in an interest bearing account;
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    Director.
22    (e) If the Department of Financial and Professional
23Regulation suspends or revokes a registration, all controlled
24substances owned or possessed by the registrant at the time of
25suspension or the effective date of the revocation order may be
26placed under seal by the Director. No disposition may be made

 

 

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1of substances under seal until the time for taking an appeal
2has elapsed or until all appeals have been concluded unless a
3court, upon application therefor, orders the sale of perishable
4substances and the deposit of the proceeds of the sale with the
5court. Upon a suspension or revocation order becoming final,
6all substances may be forfeited to the Illinois State Police.
7    (f) When property is forfeited under this Act the Director
8shall sell all such property unless such property is required
9by law to be destroyed or is harmful to the public, and shall
10distribute the proceeds of the sale, together with any moneys
11forfeited or seized, in accordance with subsection (g).
12However, upon the application of the seizing agency or
13prosecutor who was responsible for the investigation, arrest or
14arrests and prosecution which lead to the forfeiture, the
15Director may return any item of forfeited property to the
16seizing agency or prosecutor for official use in the
17enforcement of laws relating to cannabis or controlled
18substances, if the agency or prosecutor can demonstrate that
19the item requested would be useful to the agency or prosecutor
20in their enforcement efforts. When any forfeited conveyance,
21including an aircraft, vehicle, or vessel, is returned to the
22seizing agency or prosecutor, the conveyance may be used
23immediately in the enforcement of the criminal laws of this
24State. Upon disposal, all proceeds from the sale of the
25conveyance must be used for drug enforcement purposes. When any
26real property returned to the seizing agency is sold by the

 

 

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1agency or its unit of government, the proceeds of the sale
2shall be delivered to the Director and distributed in
3accordance with subsection (g).
4    (g) All monies and the sale proceeds of all other property
5forfeited and seized under this Act shall be distributed as
6follows:
7        (1)(i) 65% shall be distributed to the metropolitan
8    enforcement group, local, municipal, county, or state law
9    enforcement agency or agencies which conducted or
10    participated in the investigation resulting in the
11    forfeiture. The distribution shall bear a reasonable
12    relationship to the degree of direct participation of the
13    law enforcement agency in the effort resulting in the
14    forfeiture, taking into account the total value of the
15    property forfeited and the total law enforcement effort
16    with respect to the violation of the law upon which the
17    forfeiture is based. Amounts distributed to the agency or
18    agencies shall be used for the enforcement of laws
19    governing cannabis and controlled substances or for
20    security cameras used for the prevention or detection of
21    violence, except that amounts distributed to the Secretary
22    of State shall be deposited into the Secretary of State
23    Evidence Fund to be used as provided in Section 2-115 of
24    the Illinois Vehicle Code.
25        (ii) Any local, municipal, or county law enforcement
26    agency entitled to receive a monetary distribution of

 

 

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1    forfeiture proceeds may share those forfeiture proceeds
2    pursuant to the terms of an intergovernmental agreement
3    with a municipality that has a population in excess of
4    20,000 if:
5            (I) the receiving agency has entered into an
6        intergovernmental agreement with the municipality to
7        provide police services;
8            (II) the intergovernmental agreement for police
9        services provides for consideration in an amount of not
10        less than $1,000,000 per year;
11            (III) the seizure took place within the
12        geographical limits of the municipality; and
13            (IV) the funds are used only for the enforcement of
14        laws governing cannabis and controlled substances or
15        for security cameras used for the prevention or
16        detection of violence or the establishment of a
17        municipal police force, including the training of
18        officers, construction of a police station, the
19        purchase of law enforcement equipment, or vehicles.
20        (2)(i) 12.5% shall be distributed to the Office of the
21    State's Attorney of the county in which the prosecution
22    resulting in the forfeiture was instituted, deposited in a
23    special fund in the county treasury and appropriated to the
24    State's Attorney for use in the enforcement of laws
25    governing cannabis and controlled substances, or at the
26    discretion of the State's Attorney, in addition to other

 

 

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1    authorized purposes, to make grants to local substance
2    abuse treatment facilities and half-way houses. 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, or at the discretion of the State's
7    Attorney, in addition to other authorized purposes, to make
8    grants to local substance abuse treatment facilities and
9    half-way houses. If the prosecution is undertaken solely by
10    the Attorney General, the portion provided hereunder shall
11    be distributed to the Attorney General for use in the
12    enforcement of laws governing cannabis and controlled
13    substances.
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.
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    (h) Species of plants from which controlled substances in

 

 

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1Schedules I and II may be derived which have been planted or
2cultivated in violation of this Act, or of which the owners or
3cultivators are unknown, or which are wild growths, may be
4seized and summarily forfeited to the State. The failure, upon
5demand by the Director or any peace officer, of the person in
6occupancy or in control of land or premises upon which the
7species of plants are growing or being stored, to produce
8registration, or proof that he or she is the holder thereof,
9constitutes authority for the seizure and forfeiture of the
10plants.
11(Source: P.A. 94-1004, eff. 7-3-06; 97-253, eff. 1-1-12;
1297-334, eff. 1-1-12; 97-544, eff. 1-1-12; revised 9-14-11.)
 
13    Section 15. The Methamphetamine Control and Community
14Protection Act is amended by changing Section 85 as follows:
 
15    (720 ILCS 646/85)
16    Sec. 85. Forfeiture.
17    (a) The following are subject to forfeiture:
18        (1) all substances containing methamphetamine which
19    have been produced, manufactured, delivered, or possessed
20    in violation of this Act;
21        (2) all methamphetamine manufacturing materials which
22    have been produced, delivered, or possessed in connection
23    with any substance containing methamphetamine in violation
24    of this Act;

 

 

HB4937 Enrolled- 19 -LRB097 17464 RLC 62667 b

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

 

 

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

 

 

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1        (3) if there is probable cause to believe that the
2    property is subject to forfeiture under this Act and the
3    property is seized under circumstances in which a
4    warrantless seizure or arrest would be reasonable; or
5        (4) in accordance with the Code of Criminal Procedure
6    of 1963.
7    (c) In the event of seizure pursuant to subsection (b),
8notice shall be given forthwith to all known interest holders
9that forfeiture proceedings, including a preliminary review,
10shall be instituted in accordance with the Drug Asset
11Forfeiture Procedure Act and such proceedings shall thereafter
12be instituted in accordance with that Act. Upon a showing of
13good cause, the notice required for a preliminary review under
14this Section may be postponed.
15    (d) Property taken or detained under this Section is not
16subject to replevin, but is deemed to be in the custody of the
17Director subject only to the order and judgments of the circuit
18court having jurisdiction over the forfeiture proceedings and
19the decisions of the State's Attorney under the Drug Asset
20Forfeiture Procedure Act. When property is seized under this
21Act, the seizing agency shall promptly conduct an inventory of
22the seized property, estimate the property's value, and forward
23a copy of the inventory of seized property and the estimate of
24the property's value to the Director. Upon receiving notice of
25seizure, the Director may:
26        (1) place the property under seal;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    General, the portion provided hereunder shall be
2    distributed to the Attorney General for use in the
3    enforcement of laws governing methamphetamine, cannabis,
4    and controlled substances.
5        (ii) 12.5% shall be distributed to the Office of the
6    State's Attorneys Appellate Prosecutor and deposited in
7    the Narcotics Profit Forfeiture Fund of that Office to be
8    used for additional expenses incurred in the
9    investigation, prosecution and appeal of cases arising
10    under laws governing methamphetamine, cannabis, and
11    controlled substances. The Office of the State's Attorneys
12    Appellate Prosecutor shall not receive distribution from
13    cases brought in counties with a population over 3,000,000.
14        (3) 10% shall be retained by the Department of State
15    Police for expenses related to the administration and sale
16    of seized and forfeited property.
17(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; revised
189-14-11.)