(740 ILCS 57/60)
Sec. 60.
Standard of proof; effect of criminal drug conviction.
(a) Proof of participation in the illegal drug market in an action brought
under this Act shall be shown by clear and convincing evidence. Except as
otherwise provided in this Act, other elements of the cause of action shall be
shown by a preponderance of the evidence.
(b) A person against whom recovery is sought who has a criminal conviction
under state drug laws or the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C.
Section 801 et seq.) is estopped from denying participation in the
illegal drug market. Such a conviction is also prima facie evidence of the
person's participation in the illegal drug market during the 2 years
preceding the date of an act giving rise to a conviction.
(c) The absence of criminal drug conviction of a person against whom
recovery is sought does not bar an action against that person.
(Source: P.A. 89-293, eff. 1-1-96; 90-655, eff. 7-30-98.)
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