(725 ILCS 150/6)
(from Ch. 56 1/2, par. 1676)
If non-real property that exceeds $150,000
in value excluding the value of any conveyance, or if real property
is seized under the provisions of the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the State's Attorney shall institute judicial in
rem forfeiture proceedings as described in Section 9 of this Act within 28
days from receipt of notice of seizure from the seizing agency under
Section 5 of this Act. However, if non-real property that does not exceed
$150,000 in value excluding the value of any conveyance is seized, the
following procedure shall be used:
(A) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 28 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending forfeiture to be given to the owner of the property and all known interest holders of the property in accordance with Section 4 of this Act.
(B) The notice of pending forfeiture must include a
description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.
(C)(1) Any person claiming an interest in property
which is the subject of notice under subsection (A) of this Section may, within 45 days after the effective date of notice as described in Section 4 of this Act, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim must set forth:
(i) the caption of the proceedings as set forth
on the notice of pending forfeiture and the name of the claimant;
(ii) the address at which the claimant will
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the interest in the property;
(v) the names and addresses of all other persons
known to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
(viii) the relief sought.
(2) If a claimant files the claim then the State's
Attorney shall institute judicial in rem forfeiture proceedings within 28 days after receipt of the claim.
(D) If no claim is filed within the 45 day period as
described in subsection (C) of this Section, the State's Attorney shall declare the property forfeited and shall promptly notify the owner and all known interest holders of the property and the Director of the Illinois Department of State Police of the declaration of forfeiture and the Director shall dispose of the property in accordance with law.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)