(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
Sec. 36-2.
Action for forfeiture.
(a) The State's Attorney in the county in which such seizure occurs
if he finds that such forfeiture was incurred without willful negligence
or without any intention on the part of the owner of the vessel, vehicle
or aircraft or any person whose right, title or interest is of record as
described in Section 36-1, to violate the law, or finds the existence of
such mitigating circumstances as to justify remission of the forfeiture,
may cause the sheriff to remit the same upon such terms and conditions
as the State's Attorney deems reasonable and just. The State's Attorney
shall exercise his discretion under the foregoing provision of this
Section 36-2(a) promptly after notice is given in accordance with
Section 36-1. If the State's Attorney does not cause the forfeiture to
be remitted he shall forthwith bring an action for forfeiture in the
Circuit Court within whose jurisdiction the seizure and confiscation has
taken place. The State's Attorney shall give notice of the forfeiture
proceeding by mailing a copy of the Complaint in the forfeiture
proceeding to the persons, and upon the manner, set forth in Section
36-1. The owner of the seized vessel, vehicle or aircraft or any person
whose right, title, or interest is of record as described in Section
36-1, may within 20 days after the mailing of such notice file a
verified answer to the Complaint and may appear at the hearing on the
action for forfeiture. The State shall show at such hearing by a
preponderance of the evidence, that such vessel, vehicle or aircraft was
used in the commission of an offense described in Section 36-1. The
owner of such vessel, vehicle or aircraft or any person whose right,
title, or interest is of record as described in Section 36-1, may show
by a preponderance of the evidence that he did not know, and did not
have reason to know, that the vessel, vehicle or aircraft was to be used
in the commission of such an offense or that any of the exceptions set
forth in Section 36-3 are applicable. Unless the State shall make such
showing, the Court shall order such vessel, vehicle or aircraft released
to the owner. Where the State has made such showing, the Court may order
the vessel, vehicle or aircraft destroyed; may order it delivered to
any local, municipal or county law enforcement agency, or the Department
of State Police or the Department of Revenue of
the State of Illinois;
or may order it sold at
public auction.
(b) A copy of the order shall be filed with the sheriff of the
county in which the seizure occurs and with each Federal or State office
or agency with which such vessel, vehicle or aircraft is required to be
registered. Such order, when filed, constitutes authority for the
issuance of clear title to such vehicle, aircraft, or boat to the
department or agency to whom it is delivered or any purchaser thereof.
The sheriff shall comply promptly with instructions to remit received
from the State's Attorney or Attorney General in accordance with
Sections 36-2(a) or 36-3.
(c) The proceeds of any sale at public auction pursuant to Section
36-2 of this Act, after payment of all liens and deduction of the
reasonable charges and expenses incurred by the sheriff in storing and
selling such vehicle, shall be paid into the general fund of the county
of seizure.
(Source: P.A. 84-25.)
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