Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

GENERAL PROVISIONS
(5 ILCS 810/) Seizure and Forfeiture Reporting Act.

5 ILCS 810/1

    (5 ILCS 810/1)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 1. Short title. This Act may be cited as the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/5

    (5 ILCS 810/5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 5. Applicability. This Act is applicable to property seized or forfeited under the following provisions of law:
        (1) Section 3.23 of the Illinois Food, Drug and
    
Cosmetic Act;
        (2) Section 44.1 of the Environmental Protection Act;
        (3) Section 105-55 of the Herptiles-Herps Act;
        (4) Section 1-215 of the Fish and Aquatic Life Code;
        (5) Section 1.25 of the Wildlife Code;
        (6) Section 17-10.6 of the Criminal Code of 2012
    
(financial institution fraud);
        (7) Section 28-5 of the Criminal Code of 2012
    
(gambling);
        (8) Article 29B of the Criminal Code of 2012 (money
    
laundering);
        (9) Article 33G of the Criminal Code of 2012
    
(Illinois Street Gang and Racketeer Influenced And Corrupt Organizations Law);
        (10) Article 36 of the Criminal Code of 2012
    
(seizure and forfeiture of vessels, vehicles, and aircraft);
        (11) Section 47-15 of the Criminal Code of 2012
    
(dumping garbage upon real property);
        (12) Article 124B of the Code of Criminal procedure
    
(forfeiture);
        (13) Drug Asset Forfeiture Procedure Act;
        (14) Narcotics Profit Forfeiture Act;
        (15) Illinois Streetgang Terrorism Omnibus
    
Prevention Act; and
        (16) Illinois Securities Law of 1953.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/10

    (5 ILCS 810/10)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 10. Reporting by law enforcement agency.
    (a) Each law enforcement agency that seizes property subject to reporting under this Act shall report the following information about property seized or forfeited under State law:
        (1) the name of the law enforcement agency that
    
seized the property;
        (2) the date of the seizure;
        (3) the type of property seized, including a
    
building, vehicle, boat, cash, negotiable security, or firearm, except reporting is not required for seizures of contraband including alcohol, gambling devices, drug paraphernalia, and controlled substances;
        (4) a description of the property seized and the
    
estimated value of the property and if the property is a conveyance, the description shall include the make, model, year, and vehicle identification number or serial number; and
        (5) the location where the seizure occurred.
    The filing requirement shall be met upon filing the form 4-64 with the State's Attorney's Office in the county where the forfeiture action is being commenced or with the Attorney General's Office if the forfeiture action is being commenced by that office, and the forwarding of the form 4-64 upon approval of the State's Attorney's Office or the Attorney General's Office to the Department of State Police Asset Forfeiture Section. With regard to seizures for which form 4-64 is not required to be filed, the filing requirement shall be met by the filing of an annual summary report with the Department of State Police no later than 60 days after December 31 of that year.
    (b) Each law enforcement agency, including a drug task force or Metropolitan Enforcement Group (MEG) unit, that receives proceeds from forfeitures subject to reporting under this Act shall file an annual report with the Department of State Police no later than 60 days after December 31 of that year. The format of the report shall be developed by the Department of State Police and shall be completed by the law enforcement agency. The report shall include, at a minimum, the amount of funds and other property distributed to the law enforcement agency by the Department of State Police, the amount of funds expended by the law enforcement agency, and the category of expenditure, including:
        (1) crime, gang, or abuse prevention or intervention
    
programs;
        (2) compensation or services for crime victims;
        (3) witness protection, informant fees, and
    
controlled purchases of contraband;
        (4) salaries, overtime, and benefits, as permitted by
    
law;
        (5) operating expenses, including but not limited to,
    
capital expenditures for vehicles, firearms, equipment, computers, furniture, office supplies, postage, printing, membership fees paid to trade associations, and fees for professional services including auditing, court reporting, expert witnesses, and attorneys;
        (6) travel, meals, entertainment, conferences,
    
training, and continuing education seminars; and
        (7) other expenditures of forfeiture proceeds.
    (c) The Department of State Police shall establish and maintain on its official website a public database that includes annual aggregate data for each law enforcement agency that reports seizures of property under subsection (a) of this Section, that receives distributions of forfeiture proceeds subject to reporting under this Act, or reports expenditures under subsection (b) of this Section. This aggregate data shall include, for each law enforcement agency:
        (1) the total number of asset seizures reported by
    
each law enforcement agency during the calendar year;
        (2) the monetary value of all currency or its
    
equivalent seized by the law enforcement agency during the calendar year;
        (3) the number of conveyances seized by the law
    
enforcement agency during the calendar year, and the aggregate estimated value;
        (4) the aggregate estimated value of all other
    
property seized by the law enforcement agency during the calendar year;
        (5) the monetary value of distributions by the
    
Department of State Police of forfeited currency or auction proceeds from forfeited property to the law enforcement agency during the calendar year; and
        (6) the total amount of the law enforcement agency's
    
expenditures of forfeiture proceeds during the calendar year, categorized as provided under subsection (b) of this Section.
    The database shall not provide names, addresses, phone numbers, or other personally identifying information of owners or interest holders, persons, business entities, covert office locations, or business entities involved in the forfeiture action and shall not disclose the vehicle identification number or serial number of any conveyance.
    (d) The Department of State Police shall adopt rules to administer the asset forfeiture program, including the categories of authorized expenditures consistent with the statutory guidelines for each of the included forfeiture statutes, the use of forfeited funds, other expenditure requirements, and the reporting of seizure and forfeiture information. The Department may adopt rules necessary to implement this Act through the use of emergency rulemaking under Section 5-45 of the Illinois Administrative Procedure Act for a period not to exceed 180 days after the effective date of this Act.
    (e) The Department of State Police shall have authority and oversight over all law enforcement agencies receiving forfeited funds from the Department. This authority shall include enforcement of rules and regulations adopted by the Department and sanctions for violations of any rules and regulations, including the withholding of distributions of forfeiture proceeds from the law enforcement agency in violation.
    (f) Upon application by a law enforcement agency to the Department of State Police, the reporting of a particular asset forfeited under this Section may be delayed if the asset in question was seized from a person who has become a confidential informant under the agency's confidential informant policy, or if the asset was seized as part of an ongoing investigation. This delayed reporting shall be granted by the Department of State Police for a maximum period of 6 months if the confidential informant is still providing cooperation to law enforcement or the investigation is still ongoing, and at that time the asset shall be reported as required under this Act.
    (g) The Department of State Police shall on or before January 1, 2019, establish and implement the requirements of this Act. In order to implement the reporting and public database requirements under this Act, the Department of State Police Asset Forfeiture Section requires a one-time upgrade of its information technology software and hardware. This one-time upgrade shall be funded by a temporary allocation of 5% of all forfeited currency and 5% of the auction proceeds from each forfeited asset, which are to be distributed after the effective date of this Act. The Department of State Police shall transfer these funds at the time of distribution to a separate fund established by the Department of State Police. Monies deposited in this fund shall be accounted for and shall be used only to pay for the actual one-time cost of purchasing and installing the hardware and software required to comply with this new reporting and public database requirement. Monies deposited in the fund shall not be subject to re-appropriation, reallocation, or redistribution for any other purpose. After sufficient funds are transferred to the fund to cover the actual one-time cost of purchasing and installing the hardware and software required to comply with this new reporting and public database requirement, no additional funds shall be transferred to the fund for any purpose. At the completion of the one-time upgrade of the information technology hardware and software to comply with this new reporting and public database requirement, any remaining funds in the fund shall be returned to the participating agencies under the distribution requirements of the statutes from which the funds were transferred, and the fund shall no longer exist.
    (h)(1) The Department of State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement the provisions of this Act.
        (2) A contract or contracts under this subsection (h)
    
are not subject to the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. The provisions of this paragraph (2), other than this sentence, are inoperative on and after July 1, 2019.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/15

    (5 ILCS 810/15)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 15. Fund audits.
    (a) The Auditor General shall conduct as a part of its 2 year compliance audit, an audit of the State Asset Forfeiture Fund for compliance with the requirements of this Act. The audit shall include, but not be limited to, the following determinations:
        (1) if detailed records of all receipts and
    
disbursements from the State Asset Forfeiture Fund are being maintained;
        (2) if administrative costs charged to the fund are
    
adequately documented and are reasonable; and
        (3) if the procedures for making disbursements under
    
the Act are adequate.
    (b) The Department of State Police, and any other entity or person that may have information relevant to the audit, shall cooperate fully and promptly with the Office of the Auditor General in conducting the audit. The Auditor General shall begin the audit during the next regular two year compliance audit of the Department of State Police and distribute the report upon completion under Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/105

    (5 ILCS 810/105)
    Sec. 105. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/110

    (5 ILCS 810/110)
    Sec. 110. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/115

    (5 ILCS 810/115)
    Sec. 115. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/120

    (5 ILCS 810/120)
    Sec. 120. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/125

    (5 ILCS 810/125)
    Sec. 125. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/130

    (5 ILCS 810/130)
    Sec. 130. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/135

    (5 ILCS 810/135)
    Sec. 135. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/140

    (5 ILCS 810/140)
    Sec. 140. The Criminal Code of 2012 is amended by repealing Sections 36-1a and 36-5.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/145

    (5 ILCS 810/145)
    Sec. 145. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/150

    (5 ILCS 810/150)
    Sec. 150. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/155

    (5 ILCS 810/155)
    Sec. 155. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/160

    (5 ILCS 810/160)
    Sec. 160. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/165

    (5 ILCS 810/165)
    Sec. 165. The Code of Criminal Procedure of 1963 is amended by repealing Section 124B-1030.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/170

    (5 ILCS 810/170)
    Sec. 170. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/175

    (5 ILCS 810/175)
    Sec. 175. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/180

    (5 ILCS 810/180)
    Sec. 180. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/185

    (5 ILCS 810/185)
    Sec. 185. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/190

    (5 ILCS 810/190)
    Sec. 190. (Amendatory provisions; text omitted).
(Source: P.A. 100-512, eff. 7-1-18; text omitted.)

5 ILCS 810/995

    (5 ILCS 810/995)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/996

    (5 ILCS 810/996)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 996. No revival or extension. This Act does not revive or extend any Section or Act otherwise repealed.
(Source: P.A. 100-512, eff. 7-1-18.)

5 ILCS 810/999

    (5 ILCS 810/999)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 999. Effective date. This Act takes effect July 1, 2018.
(Source: P.A. 100-512, eff. 7-1-18.)