(725 ILCS 5/124B-910) Sec. 124B-910. Notice to or service on owner or interest holder. (a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Article, the notice or service shall be given or made as follows: (1) If the owner's or interest holder's name and | ||
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(2) If the property seized is a conveyance, then | ||
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(3) If the owner's or interest holder's address is | ||
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(b) Notice of pending forfeiture served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-915)
Sec. 124B-915. Property vests in State. All property declared forfeited under this Article vests in the State on the date of the commission of the conduct giving rise to forfeiture, together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the transferee claims and establishes in a hearing under the provisions of this Article that the transferee's interest is exempt from forfeiture.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-920) Sec. 124B-920. Defendant precluded
from later denying the essential allegations of the offense. A defendant convicted in any criminal proceeding is precluded
from later denying the essential allegations of the criminal offense of
which the defendant was convicted in any proceeding under this Article
regardless of the pendency of an
appeal from that conviction. However, evidence of the pendency of an
appeal is admissible.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-925)
Sec. 124B-925. Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in an amount and upon terms that are set out in writing in a settlement agreement.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-930) Sec. 124B-930. Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney or Attorney General under this Article. (b) When property is forfeited under this Article, the Director of the Illinois State Police shall sell all such property and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B-935.
(Source: P.A. 102-538, eff. 8-20-21.) |