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Full Text of HB4937  97th General Assembly

HB4937ham001 97TH GENERAL ASSEMBLY

Rep. Renée Kosel

Filed: 3/15/2012

 

 


 

 


 
09700HB4937ham001LRB097 17464 RLC 67486 a

1
AMENDMENT TO HOUSE BILL 4937

2    AMENDMENT NO. ______. Amend House Bill 4937 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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

 

 

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1    securities used, or intended to be used, to commit or in
2    any manner to facilitate any felony violation of this Act;
3        (6) all real property, including any right, title, and
4    interest including, but not limited to, any leasehold
5    interest or the beneficial interest to a land trust, in the
6    whole of any lot or tract of land and any appurtenances or
7    improvements, that is used or intended to be used to
8    facilitate the manufacture, distribution, sale, receipt,
9    or concealment of property described in paragraph (1) or
10    (2) of this subsection (a) that constitutes a felony
11    violation of more than 2,000 grams of a substance
12    containing cannabis or that is the proceeds of any felony
13    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    (c-1) In the event the State's Attorney is of the opinion
16that real property is subject to forfeiture under this Act,
17forfeiture proceedings shall be instituted in accordance with
18the Drug Asset Forfeiture Procedure Act. The exemptions from
19forfeiture provisions of Section 8 of the Drug Asset Forfeiture
20Procedure Act are applicable.
21    (d) Property taken or detained under this Section shall not
22be subject to replevin, but is deemed to be in the custody of
23the Director subject only to the order and judgments of the
24circuit court having jurisdiction over the forfeiture
25proceedings and the decisions of the State's Attorney under the
26Drug Asset Forfeiture Procedure Act. When property is seized

 

 

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1under this Act, the seizing agency shall promptly conduct an
2inventory of the seized property, estimate the property's
3value, and shall forward a copy of the inventory of seized
4property and the estimate of the property's value to the
5Director. Upon receiving notice of seizure, the Director may:
6        (1) place the property under seal;
7        (2) remove the property to a place designated by him;
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    (e) No disposition may be made of property under seal until
24the time for taking an appeal has elapsed or until all appeals
25have been concluded unless a court, upon application therefor,
26orders the sale of perishable substances and the deposit of the

 

 

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

 

 

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1follows:
2        (1)(i) 65% shall be distributed to the metropolitan
3    enforcement group, local, municipal, county, or state law
4    enforcement agency or agencies which conducted or
5    participated in the investigation resulting in the
6    forfeiture. The distribution shall bear a reasonable
7    relationship to the degree of direct participation of the
8    law enforcement agency in the effort resulting in the
9    forfeiture, taking into account the total value of the
10    property forfeited and the total law enforcement effort
11    with respect to the violation of the law upon which the
12    forfeiture is based. Amounts distributed to the agency or
13    agencies shall be used for the enforcement of laws
14    governing cannabis and controlled substances or for
15    security cameras used for the prevention or detection of
16    violence, except that amounts distributed to the Secretary
17    of State shall be deposited into the Secretary of State
18    Evidence Fund to be used as provided in Section 2-115 of
19    the Illinois Vehicle Code.
20        (ii) Any local, municipal, or county law enforcement
21    agency entitled to receive a monetary distribution of
22    forfeiture proceeds shall share those forfeiture proceeds
23    pursuant to the terms of an intergovernmental agreement
24    with a municipality that has a population in excess of
25    20,000 if:
26            (I) the receiving agency has entered into an

 

 

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

 

 

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1    controlled substances, or at the discretion of the State's
2    Attorney, in addition to other authorized purposes, to make
3    grants to local substance abuse treatment facilities and
4    half-way houses. If the prosecution is undertaken solely by
5    the Attorney General, the portion provided hereunder shall
6    be distributed to the Attorney General for use in the
7    enforcement of laws governing cannabis and controlled
8    substances.
9        (ii) 12.5% shall be distributed to the Office of the
10    State's Attorneys Appellate Prosecutor and deposited in
11    the Narcotics Profit Forfeiture Fund of that Office to be
12    used for additional expenses incurred in the
13    investigation, prosecution and appeal of cases arising
14    under laws governing cannabis and controlled substances.
15    The Office of the State's Attorneys Appellate Prosecutor
16    shall not receive distribution from cases brought in
17    counties with over 3,000,000 population.
18        (3) 10% shall be retained by the Department of State
19    Police for expenses related to the administration and sale
20    of seized and forfeited property.
21(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; revised
229-14-11.)
 
23    Section 10. The Illinois Controlled Substances Act is
24amended by changing Section 505 as follows:
 

 

 

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1    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
2    Sec. 505. (a) The following are subject to forfeiture:
3        (1) all substances which 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 paragraphs (1) and (2), 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 a violation of this Act;
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 or her knowledge or consent;
25            (iii) 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 or she neither had knowledge
2        of nor 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 which are used, or intended to
6    be 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;
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 401 or 405 of this Act or that is the
21    proceeds of any violation or act that constitutes a
22    violation of Section 401 or 405 of this Act.
23    (b) Property subject to forfeiture under this Act may be
24seized by the Director or any peace officer upon process or
25seizure warrant issued by any court having jurisdiction over
26the property. Seizure by the Director or any peace officer

 

 

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1without process may be made:
2        (1) if the seizure is incident to inspection under an
3    administrative inspection warrant;
4        (2) if the property subject to seizure has been the
5    subject of a prior judgment in favor of the State in a
6    criminal proceeding, or in an injunction or forfeiture
7    proceeding based upon this Act or the Drug Asset Forfeiture
8    Procedure Act;
9        (3) if there is probable cause to believe that the
10    property is directly or indirectly dangerous to health or
11    safety;
12        (4) if there is probable cause to believe that the
13    property is subject to forfeiture under this Act and the
14    property is seized under circumstances in which a
15    warrantless seizure or arrest would be reasonable; or
16        (5) in accordance with the Code of Criminal Procedure
17    of 1963.
18    (c) In the event of seizure pursuant to subsection (b),
19notice shall be given forthwith to all known interest holders
20that forfeiture proceedings, including a preliminary review,
21shall be instituted in accordance with the Drug Asset
22Forfeiture Procedure Act and such proceedings shall thereafter
23be instituted in accordance with that Act. Upon a showing of
24good cause, the notice required for a preliminary review under
25this Section may be postponed.
26    (d) Property taken or detained under this Section shall not

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09700HB4937ham001- 17 -LRB097 17464 RLC 67486 a

1        (2)(i) 12.5% shall be distributed to the Office of the
2    State's Attorney of the county in which the prosecution
3    resulting in the forfeiture was instituted, deposited in a
4    special fund in the county treasury and appropriated to the
5    State's Attorney for use in the enforcement of laws
6    governing cannabis and controlled substances, or at the
7    discretion of the State's Attorney, in addition to other
8    authorized purposes, to make grants to local substance
9    abuse treatment facilities and half-way houses. In
10    counties over 3,000,000 population, 25% will be
11    distributed to the Office of the State's Attorney for use
12    in the enforcement of laws governing cannabis and
13    controlled substances, or at the discretion of the State's
14    Attorney, in addition to other authorized purposes, to make
15    grants to local substance abuse treatment facilities and
16    half-way houses. If the prosecution is undertaken solely by
17    the Attorney General, the portion provided hereunder shall
18    be distributed to the Attorney General for use in the
19    enforcement of laws governing cannabis and controlled
20    substances.
21        (ii) 12.5% shall be distributed to the Office of the
22    State's Attorneys Appellate Prosecutor and deposited in
23    the Narcotics Profit Forfeiture Fund of that office to be
24    used for additional expenses incurred in the
25    investigation, prosecution and appeal of cases arising
26    under laws governing cannabis and controlled substances.

 

 

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1    The Office of the State's Attorneys Appellate Prosecutor
2    shall not receive distribution from cases brought in
3    counties with over 3,000,000 population.
4        (3) 10% shall be retained by the Department of State
5    Police for expenses related to the administration and sale
6    of seized and forfeited property.
7    (h) Species of plants from which controlled substances in
8Schedules I and II may be derived which have been planted or
9cultivated in violation of this Act, or of which the owners or
10cultivators are unknown, or which are wild growths, may be
11seized and summarily forfeited to the State. The failure, upon
12demand by the Director or any peace officer, of the person in
13occupancy or in control of land or premises upon which the
14species of plants are growing or being stored, to produce
15registration, or proof that he or she is the holder thereof,
16constitutes authority for the seizure and forfeiture of the
17plants.
18(Source: P.A. 94-1004, eff. 7-3-06; 97-253, eff. 1-1-12;
1997-334, eff. 1-1-12; 97-544, eff. 1-1-12; revised 9-14-11.)
 
20    Section 15. The Methamphetamine Control and Community
21Protection Act is amended by changing Section 85 as follows:
 
22    (720 ILCS 646/85)
23    Sec. 85. Forfeiture.
24    (a) The following are subject to forfeiture:

 

 

09700HB4937ham001- 19 -LRB097 17464 RLC 67486 a

1        (1) all substances containing methamphetamine which
2    have been produced, manufactured, delivered, or possessed
3    in violation of this Act;
4        (2) all methamphetamine manufacturing materials which
5    have been produced, delivered, or possessed in connection
6    with any substance containing methamphetamine in violation
7    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 property described
12    in paragraph (1) or (2) that constitutes a felony violation
13    of the Act, but:
14            (i) no conveyance used by any person as a common
15        carrier in the transaction of business as a common
16        carrier is subject to forfeiture under this Section
17        unless it appears that the owner or other person in
18        charge of the conveyance is a consenting party or privy
19        to a violation of this Act;
20            (ii) no conveyance is subject to forfeiture under
21        this Section by reason of any act or omission which the
22        owner proves to have been committed or omitted without
23        his or her knowledge or consent;
24            (iii) a forfeiture of a conveyance encumbered by a
25        bona fide security interest is subject to the interest
26        of the secured party if he or she neither had knowledge

 

 

09700HB4937ham001- 20 -LRB097 17464 RLC 67486 a

1        of nor consented to the act or omission;
2        (4) all money, things of value, books, records, and
3    research products and materials including formulas,
4    microfilm, tapes, and data which are used, or intended for
5    use in a felony violation of this Act;
6        (5) everything of value furnished or intended to be
7    furnished by any person in exchange for a substance in
8    violation of this Act, all proceeds traceable to such an
9    exchange, and all moneys, negotiable instruments, and
10    securities used, or intended to be used, to commit or in
11    any manner to facilitate any felony violation of this Act.
12        (6) all real property, including any right, title, and
13    interest (including, but not limited to, any leasehold
14    interest or the beneficial interest in a land trust) in the
15    whole of any lot or tract of land and any appurtenances or
16    improvements, which is used, or intended to be used, in any
17    manner or part, to commit, or in any manner to facilitate
18    the commission of, any violation or act that constitutes a
19    violation of this Act or that is the proceeds of any
20    violation or act that constitutes a violation of this Act.
21    (b) Property subject to forfeiture under this Act may be
22seized by the Director or any peace officer upon process or
23seizure warrant issued by any court having jurisdiction over
24the property. Seizure by the Director or any peace officer
25without process may be made:
26        (1) if the property subject to seizure has been the

 

 

09700HB4937ham001- 21 -LRB097 17464 RLC 67486 a

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

 

 

09700HB4937ham001- 22 -LRB097 17464 RLC 67486 a

1Forfeiture Procedure Act. When property is seized under this
2Act, the seizing agency shall promptly conduct an inventory of
3the seized property, estimate the property's value, and forward
4a copy of the inventory of seized property and the estimate of
5the property's value to the Director. Upon receiving notice of
6seizure, the Director may:
7        (1) place the property under seal;
8        (2) remove the property to a place designated by him or
9    her;
10        (3) keep the property in the possession of the seizing
11    agency;
12        (4) remove the property to a storage area for
13    safekeeping or, if the property is a negotiable instrument
14    or money and is not needed for evidentiary purposes,
15    deposit it in an interest bearing account;
16        (5) place the property under constructive seizure by
17    posting notice of pending forfeiture on it, by giving
18    notice of pending forfeiture to its owners and interest
19    holders, or by filing notice of pending forfeiture in any
20    appropriate public record relating to the property; or
21        (6) provide for another agency or custodian, including
22    an owner, secured party, or lienholder, to take custody of
23    the property upon the terms and conditions set by the
24    Director.
25    (e) No disposition may be made of property under seal until
26the time for taking an appeal has elapsed or until all appeals

 

 

09700HB4937ham001- 23 -LRB097 17464 RLC 67486 a

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

 

 

09700HB4937ham001- 24 -LRB097 17464 RLC 67486 a

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

 

 

09700HB4937ham001- 25 -LRB097 17464 RLC 67486 a

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

 

 

09700HB4937ham001- 26 -LRB097 17464 RLC 67486 a

1    shall be distributed to the Office of the State's Attorney
2    for use in the enforcement of laws governing
3    methamphetamine, cannabis, and controlled substances, or
4    at the discretion of the State's Attorney, in addition to
5    other authorized purposes, to make grants to local
6    substance abuse treatment facilities and half-way houses.
7    If the prosecution is undertaken solely by the Attorney
8    General, the portion provided hereunder shall be
9    distributed to the Attorney General for use in the
10    enforcement of laws governing methamphetamine, cannabis,
11    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 methamphetamine, cannabis, and
18    controlled substances. The Office of the State's Attorneys
19    Appellate Prosecutor shall not receive distribution from
20    cases brought in counties with a population over 3,000,000.
21        (3) 10% shall be retained by the Department of State
22    Police for expenses related to the administration and sale
23    of seized and forfeited property.
24(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; revised
259-14-11.)".