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91_HB0726eng HB0726 Engrossed LRB9102953MWgc 1 AN ACT to amend the Narcotic Control Division Abolition 2 Act by changing Section 7. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Narcotic Control Division Abolition Act 6 is amended by changing Section 7 as follows: 7 (20 ILCS 2620/7) (from Ch. 127, par. 55j) 8 Sec. 7. Expenditures; evidence; forfeited property. 9 (a) The Director and the inspectors appointed by him, 10 when authorized by the Director, may expend such sums as the 11 Director deems necessary in the purchase of controlled 12 substances and cannabis for evidence and in the employment of 13 persons to obtain evidence. 14 Such sums to be expended shall be advanced to the officer 15 who is to make such purchase or employment from funds 16 appropriated or made available by law for the support or use 17 of the Department on vouchers therefor signed by the 18 Director. The Director and such officers are authorized to 19 maintain one or more commercial checking accounts with any 20 State banking corporation or corporations organized under or 21 subject to the Illinois Banking Act for the deposit and 22 withdrawal of moneys to be used for the purchase of evidence 23 and for the employment of persons to obtain evidence; 24 provided that no check may be written on nor any withdrawal 25 made from any such account except on the written signatures 26 of 2 persons designated by the Director to write such checks 27 and make such withdrawals. All accounts maintained under this 28 subsection are subject to review by audits of the Auditor 29 General. 30 (b) The Director is authorized to maintain one or more 31 commercial bank accounts with any State banking corporation HB0726 Engrossed -2- LRB9102953MWgc 1 or corporations organized under or subject to the Illinois 2 Banking Act, as now or hereafter amended, for the deposit or 3 withdrawal of (i) moneys forfeited to the Department, 4 including the proceeds of the sale of forfeited property, as 5 provided in Section 2 of the State Officers and Employees 6 Money Disposition Act, as now or hereafter amended, pending 7 disbursement to participating agencies and deposit of the 8 Department's share as provided in subsection (c), and (ii) 9 all moneys being held as evidence by the Department, pending 10 final court disposition; provided that no check may be 11 written on or any withdrawal made from any such account 12 except on the written signatures of 2 persons designated by 13 the Director to write such checks and make such withdrawals. 14 All accounts maintained under this subsection are subject to 15 review by audits of the Auditor General. 16 (c) All moneys received by the Illinois State Police as 17 their share of forfeited funds (including the proceeds of the 18 sale of forfeited property) received pursuant to the Drug 19 Asset Forfeiture Procedure Act, the Cannabis Control Act, the 20 Illinois Controlled Substances Act, the Environmental 21 Protection Act, or any other Illinois law shall be deposited 22 into the State Asset Forfeiture Fund, which is hereby created 23 as an interest-bearing special fund in the State treasury. 24 All moneys received by the Illinois State Police as their 25 share of forfeited funds (including the proceeds of the sale 26 of forfeited property) received pursuant to federal equitable 27 sharing transfers shall be deposited into the Federal Asset 28 Forfeiture Fund, which is hereby created as an 29 interest-bearing special fund in the State treasury. 30 The moneys deposited into the State Asset Forfeiture Fund 31 and the Federal Asset Forfeiture Fund shall be appropriated 32 to the Department of State Police and may be used by the 33 Illinois State Police in accordance with law. 34 (Source: P.A. 90-9, eff. 7-1-97.) HB0726 Engrossed -3- LRB9102953MWgc 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.