Public Act 100-0699
 
SB0564 EnrolledLRB100 04874 RLC 14884 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Seizure and Forfeiture Reporting Act is
amended by changing Sections 10 and 15 and by adding Section 20
as follows:
 
    (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 Illinois
State Police Notice/Inventory of Seized Property (Form 4-64)
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 Form 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 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, after which
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.
Moneys 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.
Moneys Monies deposited in the fund shall not be subject to
reappropriation 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)
    (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 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 2-year 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 810/20 new)
    Sec. 20. Applicability. This Act and the changes made to
this Act by this amendatory Act of the 100th General Assembly
only apply to property seized on and after July 1, 2018.
 
    Section 10. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-585 as follows:
 
    (20 ILCS 2605/2605-585)
    Sec. 2605-585. Money Laundering Asset Recovery Fund.
Moneys and the sale proceeds distributed to the Department of
State Police under paragraph (3) of Section 29B-26 pursuant to
clause (h)(6)(C) of Section 29B-1 of the Criminal Code of 1961
or the Criminal Code of 2012 shall be deposited in a special
fund in the State treasury to be known as the Money Laundering
Asset Recovery Fund. The moneys deposited in the Money
Laundering Asset Recovery Fund shall be appropriated to and
administered by the Department of State Police for State law
enforcement purposes.
(Source: P.A. 96-1234, eff. 7-23-10; 97-1150, eff. 1-25-13.)
 
    Section 15. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.23 as follows:
 
    (410 ILCS 620/3.23)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 3.23. Legend drug prohibition.
    (a) In this Section:
    "Legend drug" means a drug limited by the Federal Food,
Drug and Cosmetic Act to being dispensed by or upon a medical
practitioner's prescription because the drug is:
        (1) habit forming;
        (2) toxic or having potential for harm; or
        (3) limited in use by the new drug application for the
    drug to use only under a medical practitioner's
    supervision.
    "Medical practitioner" means any person licensed to
practice medicine in all its branches in the State.
    "Deliver" or "delivery" means the actual, constructive, or
attempted transfer of possession of a legend drug, with or
without consideration, whether or not there is an agency
relationship.
    "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
legend drug, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging
of the substance or labeling of its container. "Manufacture"
does not include:
        (1) by an ultimate user, the preparation or compounding
    of a legend drug for his own use; or
        (2) by a medical practitioner, or his authorized agent
    under his supervision, the preparation, compounding,
    packaging, or labeling of a legend drug:
            (A) as an incident to his administering or
        dispensing of a legend drug in the course of his
        professional practice; or
            (B) as an incident to lawful research, teaching, or
        chemical analysis and not for sale.
    "Prescription" has the same meaning ascribed to it in
Section 3 of the Pharmacy Practice Act.
    (b) It is unlawful for any person to knowingly manufacture
or deliver or possess with the intent to manufacture or deliver
a legend drug of 6 or more pills, tablets, capsules, or caplets
or 30 ml or more of a legend drug in liquid form who is not
licensed by applicable law to prescribe or dispense legend
drugs or is not an employee of the licensee operating in the
normal course of business under the supervision of the
licensee. Any person who violates this Section is guilty of a
Class 3 felony, the fine for which shall not exceed $100,000. A
person convicted of a second or subsequent violation of this
Section is guilty of a Class 1 felony, the fine for which shall
not exceed $250,000.
    (c) The following are subject to forfeiture:
        (1) all substances that have been manufactured,
    distributed, dispensed, or possessed in violation of this
    Act;
        (2) all raw materials, products, and equipment of any
    kind which are used, or intended for use in manufacturing,
    distributing, dispensing, administering, or possessing any
    substance in violation of this Act;
        (3) all conveyances, including aircraft, vehicles, or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in items (1) and (2) of this subsection (c), but:
            (A) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (B) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his knowledge or consent; and
            (C) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he neither had knowledge of nor
        consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data that are used, or intended to be
    used in violation of this Act;
        (5) everything of value furnished, or intended to be
    furnished, in exchange for a substance in violation of this
    Act, all proceeds traceable to such an exchange, and all
    moneys, negotiable instruments, and securities used, or
    intended to be used, to commit or in any manner to
    facilitate any violation of this Act; and
        (6) all real property, including any right, title, and
    interest, including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust, in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of Section 33.1 of this Act or that is the
    proceeds of any violation or act that constitutes a
    violation of Section 33.1 of this Act.
    (d) Property subject to forfeiture under this Act may be
seized by the Director of the Department of State Police or any
peace officer upon process or seizure warrant issued by any
court having jurisdiction over the property. Seizure by the
Director of the Department of State Police or any peace officer
without process may be made:
        (1) if the seizure is incident to inspection under an
    administrative inspection warrant;
        (2) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding, or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (3) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (4) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (5) in accordance with the Code of Criminal Procedure
    of 1963.
    (e) In the event of seizure pursuant to subsection (c) of
this Section, forfeiture proceedings shall be instituted in
accordance with the Drug Asset Forfeiture Procedure Act.
    (f) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director of the Department of 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 under the Drug Asset Forfeiture
Procedure Act. If property is seized under this Act, then the
seizing agency shall promptly conduct an inventory of the
seized property and estimate the property's value, and shall
forward a copy of the inventory of seized property and the
estimate of the property's value to the Director of the
Department of State Police. Upon receiving notice of seizure,
the Secretary may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    Secretary;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director of the Department of State Police.
    (g) If the Department suspends or revokes a registration,
all legend drugs owned or possessed by the registrant at the
time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a revocation rule becoming final, all substances
may be forfeited to the Department.
    (h) If property is forfeited under this Act, then the
Director of the Department of State Police must sell all such
property unless such property is required by law to be
destroyed or is harmful to the public, and shall distribute the
proceeds of the sale, together with any moneys forfeited or
seized, in accordance with subsection (i) of this Section. Upon
the application of the seizing agency or prosecutor who was
responsible for the investigation, arrest or arrests, and
prosecution that led to the forfeiture, the Director of the
Department of State Police may return any item of forfeited
property to the seizing agency or prosecutor for official use
in the enforcement of laws if the agency or prosecutor can
demonstrate that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. If any
forfeited conveyance, including an aircraft, vehicle, or
vessel, is returned to the seizing agency or prosecutor, then
the conveyance may be used immediately in the enforcement of
the criminal laws of the State. Upon disposal, all proceeds
from the sale of the conveyance must be used for drug
enforcement purposes. If any real property returned to the
seizing agency is sold by the agency or its unit of government,
then the proceeds of the sale shall be delivered to the
Director of the Department of State Police and distributed in
accordance with subsection (i) of this Section.
    (i) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws.
        (2) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws. In
    counties over 3,000,000 population, 25% will be
    distributed to the Office of the State's Attorney for use
    in the enforcement of laws governing cannabis and
    controlled substances. If the prosecution is undertaken
    solely by the Attorney General, the portion provided
    hereunder shall be distributed to the Attorney General for
    use in the enforcement of laws.
        (3) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in a
    separate fund of that office to be used for additional
    expenses incurred in the investigation, prosecution and
    appeal of cases. The Office of the State's Attorneys
    Appellate Prosecutor shall not receive distribution from
    cases brought in counties with over 3,000,000 population.
        (4) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 96-573, eff. 8-18-09.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 3.23. Legend drug prohibition.
    (a) In this Section:
    "Legend drug" means a drug limited by the Federal Food,
Drug and Cosmetic Act to being dispensed by or upon a medical
practitioner's prescription because the drug is:
        (1) habit forming;
        (2) toxic or having potential for harm; or
        (3) limited in use by the new drug application for the
    drug to use only under a medical practitioner's
    supervision.
    "Medical practitioner" means any person licensed to
practice medicine in all its branches in the State.
    "Deliver" or "delivery" means the actual, constructive, or
attempted transfer of possession of a legend drug, with or
without consideration, whether or not there is an agency
relationship.
    "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
legend drug, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging
of the substance or labeling of its container. "Manufacture"
does not include:
        (1) by an ultimate user, the preparation or compounding
    of a legend drug for his own use; or
        (2) by a medical practitioner, or his authorized agent
    under his supervision, the preparation, compounding,
    packaging, or labeling of a legend drug:
            (A) as an incident to his administering or
        dispensing of a legend drug in the course of his
        professional practice; or
            (B) as an incident to lawful research, teaching, or
        chemical analysis and not for sale.
    "Prescription" has the same meaning ascribed to it in
Section 3 of the Pharmacy Practice Act.
    (b) It is unlawful for any person to knowingly manufacture
or deliver or possess with the intent to manufacture or deliver
a legend drug of 6 or more pills, tablets, capsules, or caplets
or 30 ml or more of a legend drug in liquid form who is not
licensed by applicable law to prescribe or dispense legend
drugs or is not an employee of the licensee operating in the
normal course of business under the supervision of the
licensee. Any person who violates this Section is guilty of a
Class 3 felony, the fine for which shall not exceed $100,000. A
person convicted of a second or subsequent violation of this
Section is guilty of a Class 1 felony, the fine for which shall
not exceed $250,000.
    (c) The following are subject to forfeiture:
        (1) (blank);
        (2) all raw materials, products, and equipment of any
    kind which are used, or intended for use in manufacturing,
    distributing, dispensing, administering, or possessing any
    substance in violation of this Section;
        (3) all conveyances, including aircraft, vehicles, or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of any substance
    manufactured, distributed, dispensed, or possessed in
    violation of this Section or property described in
    paragraph (2) of this subsection (c), but:
            (A) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to the violation;
            (B) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his knowledge or consent; and
            (C) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he neither had knowledge of nor
        consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data that are used, or intended to be
    used in violation of this Section;
        (5) everything of value furnished, or intended to be
    furnished, in exchange for a substance in violation of this
    Section, all proceeds traceable to such an exchange, and
    all moneys, negotiable instruments, and securities used,
    or intended to be used, to commit or in any manner to
    facilitate any violation of this Section; and
        (6) all real property, including any right, title, and
    interest, including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust, in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of this Section or that is the proceeds of any
    violation or act that constitutes a violation of this
    Section.
    (d) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
    (e) Forfeiture under this Act is subject to an 8th
Amendment amendment to the United States Constitution
disproportionate penalties analysis as provided under Section
9.5 of the Drug Asset Forfeiture Procedure Act.
    (f) With regard to possession of legend drug offenses only,
a sum of currency with a value of less than $500 shall not be
subject to forfeiture under this Act. For all other offenses
under this Act, a sum of currency with a value of less than
currency with a value of under $100 shall not be subject to
forfeiture under this Act. In seizures of currency in excess of
these amounts, this Section shall not create an exemption for
these amounts.
    (f-5) For felony offenses involving possession of legend
drug only, no property shall be subject to forfeiture under
this Act because of the possession of less than 2 single unit
doses of a legend drug controlled substance. This exemption
shall not apply in instances when the possessor, or another
person at the direction of the possessor, is engaged in the
destruction of any amount of a legend drug. The amount of a
single unit dose shall be the State's burden to prove in its
their case in chief.
    (g) If the Department suspends or revokes a registration,
all legend drugs owned or possessed by the registrant at the
time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a revocation rule becoming final, all substances
are subject to seizure and forfeiture under the Drug Asset
Forfeiture Procedure Act.
    (h) (Blank).
    (i) (Blank).
    (j) Contraband, including legend drugs possessed without a
prescription or other authorization under State or federal law,
is not subject to forfeiture. No property right exists in
contraband. Contraband is subject to seizure and shall be
disposed of according to State law.
    (k) The changes made to this Section by Public Act 100-0512
and this amendatory Act of the 100th General Assembly only
apply to property seized on and after July 1, 2018.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    Section 20. The Criminal Code of 2012 is amended by
changing Sections 17-10.6, 29B-1, 33G-6, 36-1.1, 36-1.3,
36-1.4, 36-1.5, 36-2, 36-2.1, 36-2.2, 36-2.5, 36-2.7, and 36-7
and by adding Sections 29B-0.5, 29B-2, 29B-3, 29B-4, 29B-5,
29B-6, 29B-7, 29B-8, 29B-9, 29B-10, 29B-11, 29B-12, 29B-13,
29B-14, 29B-15, 29B-16, 29B-17, 29B-18, 29B-19, 29B-20,
29B-21, 29B-22, 29B-23, 29B-24, 29B-25, 29B-26, 29B-27, and
36-10 as follows:
 
    (720 ILCS 5/17-10.6)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 17-10.6. Financial institution fraud.
    (a) Misappropriation of financial institution property. A
person commits misappropriation of a financial institution's
property whenever he or she knowingly obtains or exerts
unauthorized control over any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, or under the
custody or care of any agent, officer, director, or employee of
such financial institution.
    (b) Commercial bribery of a financial institution.
        (1) A person commits commercial bribery of a financial
    institution when he or she knowingly confers or offers or
    agrees to confer any benefit upon any employee, agent, or
    fiduciary without the consent of the latter's employer or
    principal, with the intent to influence his or her conduct
    in relation to his or her employer's or principal's
    affairs.
        (2) An employee, agent, or fiduciary of a financial
    institution commits commercial bribery of a financial
    institution when, without the consent of his or her
    employer or principal, he or she knowingly solicits,
    accepts, or agrees to accept any benefit from another
    person upon an agreement or understanding that such benefit
    will influence his or her conduct in relation to his or her
    employer's or principal's affairs.
    (c) Financial institution fraud. A person commits
financial institution fraud when he or she knowingly executes
or attempts to execute a scheme or artifice:
        (1) to defraud a financial institution; or
        (2) to obtain any of the moneys, funds, credits,
    assets, securities, or other property owned by or under the
    custody or control of a financial institution, by means of
    pretenses, representations, or promises he or she knows to
    be false.
    (d) Loan fraud. A person commits loan fraud when he or she
knowingly, with intent to defraud, makes any false statement or
report, or overvalues any land, property, or security, with the
intent to influence in any way the action of a financial
institution to act upon any application, advance, discount,
purchase, purchase agreement, repurchase agreement,
commitment, or loan, or any change or extension of any of the
same, by renewal, deferment of action, or otherwise, or the
acceptance, release, or substitution of security.
    (e) Concealment of collateral. A person commits
concealment of collateral when he or she, with intent to
defraud, knowingly conceals, removes, disposes of, or converts
to the person's own use or to that of another any property
mortgaged or pledged to or held by a financial institution.
    (f) Financial institution robbery. A person commits
robbery when he or she knowingly, by force or threat of force,
or by intimidation, takes, or attempts to take, from the person
or presence of another, or obtains or attempts to obtain by
extortion, any property or money or any other thing of value
belonging to, or in the care, custody, control, management, or
possession of, a financial institution.
    (g) Conspiracy to commit a financial crime.
        (1) A person commits conspiracy to commit a financial
    crime when, with the intent that any violation of this
    Section be committed, he or she agrees with another person
    to the commission of that offense.
        (2) No person may be convicted of conspiracy to commit
    a financial crime unless an overt act or acts in
    furtherance of the agreement is alleged and proved to have
    been committed by that person or by a co-conspirator and
    the accused is a part of a common scheme or plan to engage
    in the unlawful activity.
        (3) It shall not be a defense to conspiracy to commit a
    financial crime that the person or persons with whom the
    accused is alleged to have conspired:
            (A) has not been prosecuted or convicted;
            (B) has been convicted of a different offense;
            (C) is not amenable to justice;
            (D) has been acquitted; or
            (E) lacked the capacity to commit the offense.
    (h) Continuing financial crimes enterprise. A person
commits a continuing financial crimes enterprise when he or she
knowingly, within an 18-month period, commits 3 or more
separate offenses constituting any combination of the
following:
        (1) an offense under this Section;
        (2) a felony offense in violation of Section 16A-3 or
    subsection (a) of Section 16-25 or paragraph (4) or (5) of
    subsection (a) of Section 16-1 of this Code for the purpose
    of reselling or otherwise re-entering the merchandise in
    commerce, including conveying the merchandise to a
    merchant in exchange for anything of value; or
        (3) if involving a financial institution, any other
    felony offense under this Code.
    (i) Organizer of a continuing financial crimes enterprise.
        (1) A person commits being an organizer of a continuing
    financial crimes enterprise when he or she:
            (A) with the intent to commit any offense, agrees
        with another person to the commission of any
        combination of the following offenses on 3 or more
        separate occasions within an 18-month period:
                (i) an offense under this Section;
                (ii) a felony offense in violation of Section
            16A-3 or subsection (a) of Section 16-25 or
            paragraph (4) or (5) of subsection (a) of Section
            16-1 of this Code for the purpose of reselling or
            otherwise re-entering the merchandise in commerce,
            including conveying the merchandise to a merchant
            in exchange for anything of value; or
                (iii) if involving a financial institution,
            any other felony offense under this Code; and
            (B) with respect to the other persons within the
        conspiracy, occupies a position of organizer,
        supervisor, or financier or other position of
        management.
        (2) The person with whom the accused agreed to commit
    the 3 or more offenses under this Section, or, if involving
    a financial institution, any other felony offenses under
    this Code, need not be the same person or persons for each
    offense, as long as the accused was a part of the common
    scheme or plan to engage in each of the 3 or more alleged
    offenses.
    (j) Sentence.
        (1) Except as otherwise provided in this subsection, a
    violation of this Section, the full value of which:
            (A) does not exceed $500, is a Class A misdemeanor;
            (B) does not exceed $500, and the person has been
        previously convicted of a financial crime or any type
        of theft, robbery, armed robbery, burglary,
        residential burglary, possession of burglary tools, or
        home invasion, is guilty of a Class 4 felony;
            (C) exceeds $500 but does not exceed $10,000, is a
        Class 3 felony;
            (D) exceeds $10,000 but does not exceed $100,000,
        is a Class 2 felony;
            (E) exceeds $100,000 but does not exceed $500,000,
        is a Class 1 felony;
            (F) exceeds $500,000 but does not exceed
        $1,000,000, is a Class 1 non-probationable felony;
        when a charge of financial crime, the full value of
        which exceeds $500,000 but does not exceed $1,000,000,
        is brought, the value of the financial crime involved
        is an element of the offense to be resolved by the
        trier of fact as either exceeding or not exceeding
        $500,000;
            (G) exceeds $1,000,000, is a Class X felony; when a
        charge of financial crime, the full value of which
        exceeds $1,000,000, is brought, the value of the
        financial crime involved is an element of the offense
        to be resolved by the trier of fact as either exceeding
        or not exceeding $1,000,000.
        (2) A violation of subsection (f) is a Class 1 felony.
        (3) A violation of subsection (h) is a Class 1 felony.
        (4) A violation for subsection (i) is a Class X felony.
    (k) A "financial crime" means an offense described in this
Section.
    (l) Period of limitations. The period of limitations for
prosecution of any offense defined in this Section begins at
the time when the last act in furtherance of the offense is
committed.
    (m) Forfeiture. Any violation of subdivision (2) of
subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
the remedies, procedures, and forfeiture as set forth in
subsections (f) through (s) of Section 29B-1 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 17-10.6. Financial institution fraud.
    (a) Misappropriation of financial institution property. A
person commits misappropriation of a financial institution's
property whenever he or she knowingly obtains or exerts
unauthorized control over any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, or under the
custody or care of any agent, officer, director, or employee of
such financial institution.
    (b) Commercial bribery of a financial institution.
        (1) A person commits commercial bribery of a financial
    institution when he or she knowingly confers or offers or
    agrees to confer any benefit upon any employee, agent, or
    fiduciary without the consent of the latter's employer or
    principal, with the intent to influence his or her conduct
    in relation to his or her employer's or principal's
    affairs.
        (2) An employee, agent, or fiduciary of a financial
    institution commits commercial bribery of a financial
    institution when, without the consent of his or her
    employer or principal, he or she knowingly solicits,
    accepts, or agrees to accept any benefit from another
    person upon an agreement or understanding that such benefit
    will influence his or her conduct in relation to his or her
    employer's or principal's affairs.
    (c) Financial institution fraud. A person commits
financial institution fraud when he or she knowingly executes
or attempts to execute a scheme or artifice:
        (1) to defraud a financial institution; or
        (2) to obtain any of the moneys, funds, credits,
    assets, securities, or other property owned by or under the
    custody or control of a financial institution, by means of
    pretenses, representations, or promises he or she knows to
    be false.
    (d) Loan fraud. A person commits loan fraud when he or she
knowingly, with intent to defraud, makes any false statement or
report, or overvalues any land, property, or security, with the
intent to influence in any way the action of a financial
institution to act upon any application, advance, discount,
purchase, purchase agreement, repurchase agreement,
commitment, or loan, or any change or extension of any of the
same, by renewal, deferment of action, or otherwise, or the
acceptance, release, or substitution of security.
    (e) Concealment of collateral. A person commits
concealment of collateral when he or she, with intent to
defraud, knowingly conceals, removes, disposes of, or converts
to the person's own use or to that of another any property
mortgaged or pledged to or held by a financial institution.
    (f) Financial institution robbery. A person commits
robbery when he or she knowingly, by force or threat of force,
or by intimidation, takes, or attempts to take, from the person
or presence of another, or obtains or attempts to obtain by
extortion, any property or money or any other thing of value
belonging to, or in the care, custody, control, management, or
possession of, a financial institution.
    (g) Conspiracy to commit a financial crime.
        (1) A person commits conspiracy to commit a financial
    crime when, with the intent that any violation of this
    Section be committed, he or she agrees with another person
    to the commission of that offense.
        (2) No person may be convicted of conspiracy to commit
    a financial crime unless an overt act or acts in
    furtherance of the agreement is alleged and proved to have
    been committed by that person or by a co-conspirator and
    the accused is a part of a common scheme or plan to engage
    in the unlawful activity.
        (3) It shall not be a defense to conspiracy to commit a
    financial crime that the person or persons with whom the
    accused is alleged to have conspired:
            (A) has not been prosecuted or convicted;
            (B) has been convicted of a different offense;
            (C) is not amenable to justice;
            (D) has been acquitted; or
            (E) lacked the capacity to commit the offense.
    (h) Continuing financial crimes enterprise. A person
commits a continuing financial crimes enterprise when he or she
knowingly, within an 18-month period, commits 3 or more
separate offenses constituting any combination of the
following:
        (1) an offense under this Section;
        (2) a felony offense in violation of Section 16A-3 or
    subsection (a) of Section 16-25 or paragraph (4) or (5) of
    subsection (a) of Section 16-1 of this Code for the purpose
    of reselling or otherwise re-entering the merchandise in
    commerce, including conveying the merchandise to a
    merchant in exchange for anything of value; or
        (3) if involving a financial institution, any other
    felony offense under this Code.
    (i) Organizer of a continuing financial crimes enterprise.
        (1) A person commits being an organizer of a continuing
    financial crimes enterprise when he or she:
            (A) with the intent to commit any offense, agrees
        with another person to the commission of any
        combination of the following offenses on 3 or more
        separate occasions within an 18-month period:
                (i) an offense under this Section;
                (ii) a felony offense in violation of Section
            16A-3 or subsection (a) of Section 16-25 or
            paragraph (4) or (5) of subsection (a) of Section
            16-1 of this Code for the purpose of reselling or
            otherwise re-entering the merchandise in commerce,
            including conveying the merchandise to a merchant
            in exchange for anything of value; or
                (iii) if involving a financial institution,
            any other felony offense under this Code; and
            (B) with respect to the other persons within the
        conspiracy, occupies a position of organizer,
        supervisor, or financier or other position of
        management.
        (2) The person with whom the accused agreed to commit
    the 3 or more offenses under this Section, or, if involving
    a financial institution, any other felony offenses under
    this Code, need not be the same person or persons for each
    offense, as long as the accused was a part of the common
    scheme or plan to engage in each of the 3 or more alleged
    offenses.
    (j) Sentence.
        (1) Except as otherwise provided in this subsection, a
    violation of this Section, the full value of which:
            (A) does not exceed $500, is a Class A misdemeanor;
            (B) does not exceed $500, and the person has been
        previously convicted of a financial crime or any type
        of theft, robbery, armed robbery, burglary,
        residential burglary, possession of burglary tools, or
        home invasion, is guilty of a Class 4 felony;
            (C) exceeds $500 but does not exceed $10,000, is a
        Class 3 felony;
            (D) exceeds $10,000 but does not exceed $100,000,
        is a Class 2 felony;
            (E) exceeds $100,000 but does not exceed $500,000,
        is a Class 1 felony;
            (F) exceeds $500,000 but does not exceed
        $1,000,000, is a Class 1 non-probationable felony;
        when a charge of financial crime, the full value of
        which exceeds $500,000 but does not exceed $1,000,000,
        is brought, the value of the financial crime involved
        is an element of the offense to be resolved by the
        trier of fact as either exceeding or not exceeding
        $500,000;
            (G) exceeds $1,000,000, is a Class X felony; when a
        charge of financial crime, the full value of which
        exceeds $1,000,000, is brought, the value of the
        financial crime involved is an element of the offense
        to be resolved by the trier of fact as either exceeding
        or not exceeding $1,000,000.
        (2) A violation of subsection (f) is a Class 1 felony.
        (3) A violation of subsection (h) is a Class 1 felony.
        (4) A violation for subsection (i) is a Class X felony.
    (k) A "financial crime" means an offense described in this
Section.
    (l) Period of limitations. The period of limitations for
prosecution of any offense defined in this Section begins at
the time when the last act in furtherance of the offense is
committed.
    (m) Forfeiture. Any violation of subdivision (2) of
subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
the remedies, procedures, and forfeiture as set forth in
Article 29B subsections (f) through (s) of Section 29B-1 of
this Code.
    Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/29B-0.5 new)
    Sec. 29B-0.5. Definitions. In this Article:
    "Conduct" or "conducts" includes, in addition to its
ordinary meaning, initiating, concluding, or participating in
initiating or concluding a transaction.
    "Criminally derived property" means: (1) any property,
real or personal, constituting or derived from proceeds
obtained, directly or indirectly, from activity that
constitutes a felony under State, federal, or foreign law; or
(2) any property represented to be property constituting or
derived from proceeds obtained, directly or indirectly, from
activity that constitutes a felony under State, federal, or
foreign law.
    "Department" means the Department of State Police of this
State or its successor agency.
    "Director" means the Director of State Police or his or her
designated agents.
    "Financial institution" means any bank; saving and loan
association; trust company; agency or branch of a foreign bank
in the United States; currency exchange; credit union; mortgage
banking institution; pawnbroker; loan or finance company;
operator of a credit card system; issuer, redeemer, or cashier
of travelers checks, checks, or money orders; dealer in
precious metals, stones, or jewels; broker or dealer in
securities or commodities; investment banker; or investment
company.
    "Financial transaction" means a purchase, sale, loan,
pledge, gift, transfer, delivery, or other disposition
utilizing criminally derived property, and with respect to
financial institutions, includes a deposit, withdrawal,
transfer between accounts, exchange of currency, loan,
extension of credit, purchase or sale of any stock, bond,
certificate of deposit or other monetary instrument, use of
safe deposit box, or any other payment, transfer or delivery
by, through, or to a financial institution. "Financial
transaction" also means a transaction which without regard to
whether the funds, monetary instruments, or real or personal
property involved in the transaction are criminally derived,
any transaction which in any way or degree: (1) involves the
movement of funds by wire or any other means; (2) involves one
or more monetary instruments; or (3) the transfer of title to
any real or personal property. The receipt by an attorney of
bona fide fees for the purpose of legal representation is not a
financial transaction for purposes of this Article.
    "Form 4-64" means the Illinois State Police
Notice/Inventory of Seized Property (Form 4-64).
    "Knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful
activity" means that the person knew the property involved in
the transaction represented proceeds from some form, though not
necessarily which form, of activity that constitutes a felony
under State, federal, or foreign law.
    "Monetary instrument" means United States coins and
currency; coins and currency of a foreign country; travelers
checks; personal checks, bank checks, and money orders;
investment securities; bearer negotiable instruments; bearer
investment securities; or bearer securities and certificates
of stock in a form that title passes upon delivery.
    "Specified criminal activity" means any violation of
Section 29D-15.1 and any violation of Article 29D of this Code.
    "Transaction reporting requirement under State law" means
any violation as defined under the Currency Reporting Act.
 
    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 29B-1. (a) A person commits the offense of money
laundering:
        (1) when, knowing that the property involved in a
    financial transaction represents the proceeds of some form
    of unlawful activity, he or she conducts or attempts to
    conduct such a financial transaction which in fact involves
    criminally derived property:
            (A) with the intent to promote the carrying on of
        the unlawful activity from which the criminally
        derived property was obtained; or
            (B) where he or she knows or reasonably should know
        that the financial transaction is designed in whole or
        in part:
                (i) to conceal or disguise the nature, the
            location, the source, the ownership or the control
            of the criminally derived property; or
                (ii) to avoid a transaction reporting
            requirement under State law; or
        (1.5) when he or she transports, transmits, or
    transfers, or attempts to transport, transmit, or transfer
    a monetary instrument:
            (A) with the intent to promote the carrying on of
        the unlawful activity from which the criminally
        derived property was obtained; or
            (B) knowing, or having reason to know, that the
        financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            location, the source, the ownership or the control
            of the criminally derived property; or
                (ii) to avoid a transaction reporting
            requirement under State law; or
        (2) when, with the intent to:
            (A) promote the carrying on of a specified criminal
        activity as defined in this Article; or
            (B) conceal or disguise the nature, location,
        source, ownership, or control of property believed to
        be the proceeds of a specified criminal activity as
        defined by subdivision (b)(6); or
            (C) avoid a transaction reporting requirement
        under State law,
    he or she conducts or attempts to conduct a financial
    transaction involving property he or she believes to be the
    proceeds of specified criminal activity as defined by
    subdivision (b)(6) or property used to conduct or
    facilitate specified criminal activity as defined by
    subdivision (b)(6).
    (b) As used in this Section:
        (0.5) "Knowing that the property involved in a
    financial transaction represents the proceeds of some form
    of unlawful activity" means that the person knew the
    property involved in the transaction represented proceeds
    from some form, though not necessarily which form, of
    activity that constitutes a felony under State, federal, or
    foreign law.
        (1) "Financial transaction" means a purchase, sale,
    loan, pledge, gift, transfer, delivery or other
    disposition utilizing criminally derived property, and
    with respect to financial institutions, includes a
    deposit, withdrawal, transfer between accounts, exchange
    of currency, loan, extension of credit, purchase or sale of
    any stock, bond, certificate of deposit or other monetary
    instrument, use of safe deposit box, or any other payment,
    transfer or delivery by, through, or to a financial
    institution. For purposes of clause (a)(2) of this Section,
    the term "financial transaction" also means a transaction
    which without regard to whether the funds, monetary
    instruments, or real or personal property involved in the
    transaction are criminally derived, any transaction which
    in any way or degree: (1) involves the movement of funds by
    wire or any other means; (2) involves one or more monetary
    instruments; or (3) the transfer of title to any real or
    personal property. The receipt by an attorney of bona fide
    fees for the purpose of legal representation is not a
    financial transaction for purposes of this Section.
        (2) "Financial institution" means any bank; saving and
    loan association; trust company; agency or branch of a
    foreign bank in the United States; currency exchange;
    credit union, mortgage banking institution; pawnbroker;
    loan or finance company; operator of a credit card system;
    issuer, redeemer or cashier of travelers checks, checks or
    money orders; dealer in precious metals, stones or jewels;
    broker or dealer in securities or commodities; investment
    banker; or investment company.
        (3) "Monetary instrument" means United States coins
    and currency; coins and currency of a foreign country;
    travelers checks; personal checks, bank checks, and money
    orders; investment securities; bearer negotiable
    instruments; bearer investment securities; or bearer
    securities and certificates of stock in such form that
    title thereto passes upon delivery.
        (4) "Criminally derived property" means: (A) any
    property, real or personal, constituting or derived from
    proceeds obtained, directly or indirectly, from activity
    that constitutes a felony under State, federal, or foreign
    law; or (B) any property represented to be property
    constituting or derived from proceeds obtained, directly
    or indirectly, from activity that constitutes a felony
    under State, federal, or foreign law.
        (5) "Conduct" or "conducts" includes, in addition to
    its ordinary meaning, initiating, concluding, or
    participating in initiating or concluding a transaction.
        (6) "Specified criminal activity" means any violation
    of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
    of Article 29D of this Code.
        (7) "Director" means the Director of State Police or
    his or her designated agents.
        (8) "Department" means the Department of State Police
    of the State of Illinois or its successor agency.
        (9) "Transaction reporting requirement under State
    law" means any violation as defined under the Currency
    Reporting Act.
    (c) Sentence.
        (1) Laundering of criminally derived property of a
    value not exceeding $10,000 is a Class 3 felony;
        (2) Laundering of criminally derived property of a
    value exceeding $10,000 but not exceeding $100,000 is a
    Class 2 felony;
        (3) Laundering of criminally derived property of a
    value exceeding $100,000 but not exceeding $500,000 is a
    Class 1 felony;
        (4) Money laundering in violation of subsection (a)(2)
    of this Section is a Class X felony;
        (5) Laundering of criminally derived property of a
    value exceeding $500,000 is a Class 1 non-probationable
    felony;
        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
    this Section, the sentences are as follows:
            (A) Laundering of property of a value not exceeding
        $10,000 is a Class 3 felony;
            (B) Laundering of property of a value exceeding
        $10,000 but not exceeding $100,000 is a Class 2 felony;
            (C) Laundering of property of a value exceeding
        $100,000 but not exceeding $500,000 is a Class 1
        felony;
            (D) Laundering of property of a value exceeding
        $500,000 is a Class 1 non-probationable felony.
    (d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some
form of criminally derived property or from some form of
unlawful activity:
        (1) A financial transaction was conducted or
    structured or attempted in violation of the reporting
    requirements of any State or federal law; or
        (2) A financial transaction was conducted or attempted
    with the use of a false or fictitious name or a forged
    instrument; or
        (3) A falsely altered or completed written instrument
    or a written instrument that contains any materially false
    personal identifying information was made, used, offered
    or presented, whether accepted or not, in connection with a
    financial transaction; or
        (4) A financial transaction was structured or
    attempted to be structured so as to falsely report the
    actual consideration or value of the transaction; or
        (5) A money transmitter, a person engaged in a trade or
    business or any employee of a money transmitter or a person
    engaged in a trade or business, knows or reasonably should
    know that false personal identifying information has been
    presented and incorporates the false personal identifying
    information into any report or record; or
        (6) The criminally derived property is transported or
    possessed in a fashion inconsistent with the ordinary or
    usual means of transportation or possession of such
    property and where the property is discovered in the
    absence of any documentation or other indicia of legitimate
    origin or right to such property; or
        (7) A person pays or receives substantially less than
    face value for one or more monetary instruments; or
        (8) A person engages in a transaction involving one or
    more monetary instruments, where the physical condition or
    form of the monetary instrument or instruments makes it
    apparent that they are not the product of bona fide
    business or financial transactions.
    (e) Duty to enforce this Article.
        (1) It is the duty of the Department of State Police,
    and its agents, officers, and investigators, to enforce all
    provisions of this Article, except those specifically
    delegated, and to cooperate with all agencies charged with
    the enforcement of the laws of the United States, or of any
    state, relating to money laundering. Only an agent,
    officer, or investigator designated by the Director may be
    authorized in accordance with this Section to serve seizure
    notices, warrants, subpoenas, and summonses under the
    authority of this State.
        (2) Any agent, officer, investigator, or peace officer
    designated by the Director may: (A) make seizure of
    property pursuant to the provisions of this Article; and
    (B) perform such other law enforcement duties as the
    Director designates. It is the duty of all State's
    Attorneys to prosecute violations of this Article and
    institute legal proceedings as authorized under this
    Article.
    (f) Protective orders.
        (1) Upon application of the State, the court may enter
    a restraining order or injunction, require the execution of
    a satisfactory performance bond, or take any other action
    to preserve the availability of property described in
    subsection (h) for forfeiture under this Article:
            (A) upon the filing of an indictment, information,
        or complaint charging a violation of this Article for
        which forfeiture may be ordered under this Article and
        alleging that the property with respect to which the
        order is sought would be subject to forfeiture under
        this Article; or
            (B) prior to the filing of such an indictment,
        information, or complaint, if, after notice to persons
        appearing to have an interest in the property and
        opportunity for a hearing, the court determines that:
                (i) there is probable cause to believe that the
            State will prevail on the issue of forfeiture and
            that failure to enter the order will result in the
            property being destroyed, removed from the
            jurisdiction of the court, or otherwise made
            unavailable for forfeiture; and
                (ii) the need to preserve the availability of
            the property through the entry of the requested
            order outweighs the hardship on any party against
            whom the order is to be entered.
            Provided, however, that an order entered pursuant
        to subparagraph (B) shall be effective for not more
        than 90 days, unless extended by the court for good
        cause shown or unless an indictment, information,
        complaint, or administrative notice has been filed.
        (2) A temporary restraining order under this
    subsection may be entered upon application of the State
    without notice or opportunity for a hearing when an
    indictment, information, complaint, or administrative
    notice has not yet been filed with respect to the property,
    if the State demonstrates that there is probable cause to
    believe that the property with respect to which the order
    is sought would be subject to forfeiture under this Section
    and that provision of notice will jeopardize the
    availability of the property for forfeiture. Such a
    temporary order shall expire not more than 30 days after
    the date on which it is entered, unless extended for good
    cause shown or unless the party against whom it is entered
    consents to an extension for a longer period. A hearing
    requested concerning an order entered under this paragraph
    shall be held at the earliest possible time and prior to
    the expiration of the temporary order.
        (3) The court may receive and consider, at a hearing
    held pursuant to this subsection (f), evidence and
    information that would be inadmissible under the Illinois
    rules of evidence.
        (4) Order to repatriate and deposit.
            (A) In general. Pursuant to its authority to enter
        a pretrial restraining order under this Section, the
        court may order a defendant to repatriate any property
        that may be seized and forfeited and to deposit that
        property pending trial with the Illinois State Police
        or another law enforcement agency designated by the
        Illinois State Police.
            (B) Failure to comply. Failure to comply with an
        order under this subsection (f) is punishable as a
        civil or criminal contempt of court.
    (g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
    (h) Forfeiture.
        (1) The following are subject to forfeiture:
            (A) any property, real or personal, constituting,
        derived from, or traceable to any proceeds the person
        obtained directly or indirectly, as a result of a
        violation of this Article;
            (B) any of the person's property used, or intended
        to be used, in any manner or part, to commit, or to
        facilitate the commission of, a violation of this
        Article;
            (C) all conveyances, including aircraft, vehicles
        or vessels, which are used, or intended for use, to
        transport, or in any manner to facilitate the
        transportation, sale, receipt, possession, or
        concealment of property described in subparagraphs (A)
        and (B), but:
                (i) no conveyance used by any person as a
            common carrier in the transaction of business as a
            common carrier is subject to forfeiture under this
            Section unless it appears that the owner or other
            person in charge of the conveyance is a consenting
            party or privy to a violation of this Article;
                (ii) no conveyance is subject to forfeiture
            under this Section by reason of any act or omission
            which the owner proves to have been committed or
            omitted without his or her knowledge or consent;
                (iii) a forfeiture of a conveyance encumbered
            by a bona fide security interest is subject to the
            interest of the secured party if he or she neither
            had knowledge of nor consented to the act or
            omission;
            (D) all real property, including any right, title,
        and interest (including, but not limited to, any
        leasehold interest or the beneficial interest in a land
        trust) in the whole of any lot or tract of land and any
        appurtenances or improvements, which is used or
        intended to be used, in any manner or part, to commit,
        or in any manner to facilitate the commission of, any
        violation of this Article or that is the proceeds of
        any violation or act that constitutes a violation of
        this Article.
        (2) Property subject to forfeiture under this Article
    may be seized by the Director or any peace officer upon
    process or seizure warrant issued by any court having
    jurisdiction over the property. Seizure by the Director or
    any peace officer without process may be made:
            (A) if the seizure is incident to a seizure
        warrant;
            (B) if the property subject to seizure has been the
        subject of a prior judgment in favor of the State in a
        criminal proceeding, or in an injunction or forfeiture
        proceeding based upon this Article;
            (C) if there is probable cause to believe that the
        property is directly or indirectly dangerous to health
        or safety;
            (D) if there is probable cause to believe that the
        property is subject to forfeiture under this Article
        and the property is seized under circumstances in which
        a warrantless seizure or arrest would be reasonable; or
            (E) in accordance with the Code of Criminal
        Procedure of 1963.
        (3) In the event of seizure pursuant to paragraph (2),
    forfeiture proceedings shall be instituted in accordance
    with subsections (i) through (r).
        (4) Property taken or detained under this Section shall
    not be subject to replevin, but is deemed to be in the
    custody of the Director 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 under this Article. When property is seized under
    this Article, the seizing agency shall promptly conduct an
    inventory of the seized property and estimate the
    property's value and shall forward a copy of the inventory
    of seized property and the estimate of the property's value
    to the Director. Upon receiving notice of seizure, the
    Director may:
            (A) place the property under seal;
            (B) remove the property to a place designated by
        the Director;
            (C) keep the property in the possession of the
        seizing agency;
            (D) remove the property to a storage area for
        safekeeping or, if the property is a negotiable
        instrument or money and is not needed for evidentiary
        purposes, deposit it in an interest bearing account;
            (E) place the property under constructive seizure
        by posting notice of pending forfeiture on it, by
        giving notice of pending forfeiture to its owners and
        interest holders, or by filing notice of pending
        forfeiture in any appropriate public record relating
        to the property; or
            (F) provide for another agency or custodian,
        including an owner, secured party, or lienholder, to
        take custody of the property upon the terms and
        conditions set by the Director.
        (5) When property is forfeited under this Article, the
    Director shall sell all such property unless such property
    is required by law to be destroyed or is harmful to the
    public, and shall distribute the proceeds of the sale,
    together with any moneys forfeited or seized, in accordance
    with paragraph (6). However, upon the application of the
    seizing agency or prosecutor who was responsible for the
    investigation, arrest or arrests and prosecution which
    lead to the forfeiture, the Director may return any item of
    forfeited property to the seizing agency or prosecutor for
    official use in the enforcement of laws, if the agency or
    prosecutor can demonstrate that the item requested would be
    useful to the agency or prosecutor in its enforcement
    efforts. When any real property returned to the seizing
    agency is sold by the agency or its unit of government, the
    proceeds of the sale shall be delivered to the Director and
    distributed in accordance with paragraph (6).
        (6) All monies and the sale proceeds of all other
    property forfeited and seized under this Article shall be
    distributed as follows:
            (A) 65% shall be distributed to the metropolitan
        enforcement group, local, municipal, county, or State
        law enforcement agency or agencies which conducted or
        participated in the investigation resulting in the
        forfeiture. The distribution shall bear a reasonable
        relationship to the degree of direct participation of
        the law enforcement agency in the effort resulting in
        the forfeiture, taking into account the total value of
        the property forfeited and the total law enforcement
        effort with respect to the violation of the law upon
        which the forfeiture is based. Amounts distributed to
        the agency or agencies shall be used for the
        enforcement of laws.
            (B)(i) 12.5% shall be distributed to the Office of
        the State's Attorney of the county in which the
        prosecution resulting in the forfeiture was
        instituted, deposited in a special fund in the county
        treasury and appropriated to the State's Attorney for
        use in the enforcement of laws. In counties over
        3,000,000 population, 25% shall be distributed to the
        Office of the State's Attorney for use in the
        enforcement of laws. If the prosecution is undertaken
        solely by the Attorney General, the portion provided
        hereunder shall be distributed to the Attorney General
        for use in the enforcement of laws.
            (ii) 12.5% shall be distributed to the Office of
        the State's Attorneys Appellate Prosecutor and
        deposited in the Narcotics Profit Forfeiture Fund of
        that office to be used for additional expenses incurred
        in the investigation, prosecution and appeal of cases
        arising under laws. The Office of the State's Attorneys
        Appellate Prosecutor shall not receive distribution
        from cases brought in counties with over 3,000,000
        population.
            (C) 10% shall be retained by the Department of
        State Police for expenses related to the
        administration and sale of seized and forfeited
        property.
        Moneys and the sale proceeds distributed to the
    Department of State Police under this Article shall be
    deposited in the Money Laundering Asset Recovery Fund
    created in the State treasury and shall be used by the
    Department of State Police for State law enforcement
    purposes.
        (7) All moneys and sale proceeds of property forfeited
    and seized under this Article and distributed according to
    paragraph (6) may also be used to purchase opioid
    antagonists as defined in Section 5-23 of the Alcoholism
    and Other Drug Abuse and Dependency Act.
    (i) Notice to owner or interest holder.
        (1) Whenever notice of pending forfeiture or service of
    an in rem complaint is required under the provisions of
    this Article, such notice or service shall be given as
    follows:
            (A) If the owner's or interest holder's name and
        current address are known, then by either personal
        service or mailing a copy of the notice by certified
        mail, return receipt requested, to that address. For
        purposes of notice under this Section, if a person has
        been arrested for the conduct giving rise to the
        forfeiture, then the address provided to the arresting
        agency at the time of arrest shall be deemed to be that
        person's known address. Provided, however, if an owner
        or interest holder's address changes prior to the
        effective date of the notice of pending forfeiture, the
        owner or interest holder shall promptly notify the
        seizing agency of the change in address or, if the
        owner or interest holder's address changes subsequent
        to the effective date of the notice of pending
        forfeiture, the owner or interest holder shall
        promptly notify the State's Attorney of the change in
        address; or
            (B) If the property seized is a conveyance, to the
        address reflected in the office of the agency or
        official in which title or interest to the conveyance
        is required by law to be recorded, then by mailing a
        copy of the notice by certified mail, return receipt
        requested, to that address; or
            (C) If the owner's or interest holder's address is
        not known, and is not on record as provided in
        paragraph (B), then by publication for 3 successive
        weeks in a newspaper of general circulation in the
        county in which the seizure occurred.
        (2) Notice served under this Article is effective upon
    personal service, the last date of publication, or the
    mailing of written notice, whichever is earlier.
    (j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 90 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
    (k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 45 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
        (1) 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 45
    days after 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 subsection (i) of this Section.
        (2) 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.
        (3)(A) Any person claiming an interest in property
    which is the subject of notice under paragraph (1) of this
    subsection (k), must, in order to preserve any rights or
    claims to the property, within 45 days after the effective
    date of notice as described in subsection (i) of this
    Section, 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 accept
        mail;
            (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 name and address 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
        assertion; and
            (viii) the relief sought.
        (B) If a claimant files the claim and deposits with the
    State's Attorney a cost bond, in the form of a cashier's
    check payable to the clerk of the court, in the sum of 10%
    of the reasonable value of the property as alleged by the
    State's Attorney or the sum of $100, whichever is greater,
    upon condition that, in the case of forfeiture, the
    claimant must pay all costs and expenses of forfeiture
    proceedings, then the State's Attorney shall institute
    judicial in rem forfeiture proceedings and deposit the cost
    bond with the clerk of the court as described in subsection
    (l) of this Section within 45 days after receipt of the
    claim and cost bond. In lieu of a cost bond, a person
    claiming interest in the seized property may file, under
    penalty of perjury, an indigency affidavit which has been
    approved by a circuit court judge.
        (C) If none of the seized property is forfeited in the
    judicial in rem proceeding, the clerk of the court shall
    return to the claimant, unless the court orders otherwise,
    90% of the sum which has been deposited and shall retain as
    costs 10% of the money deposited. If any of the seized
    property is forfeited under the judicial forfeiture
    proceeding, the clerk of the court shall transfer 90% of
    the sum which has been deposited to the State's Attorney
    prosecuting the civil forfeiture to be applied to the costs
    of prosecution and the clerk shall retain as costs 10% of
    the sum deposited.
        (4) If no claim is filed or bond given within the 45
    day period as described in paragraph (3) of this subsection
    (k), 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 State
    Police of the declaration of forfeiture and the Director
    shall dispose of the property in accordance with law.
    (l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim and a cost
bond under paragraph (3) of subsection (k) of this Section, the
following judicial in rem procedures shall apply:
        (1) If, after a 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 45
    days of the receipt of notice of seizure by the seizing
    agency or the filing of the claim and cost bond, whichever
    is later, the State's Attorney shall institute judicial
    forfeiture proceedings by filing a verified complaint for
    forfeiture and, if the claimant has filed a claim and cost
    bond, by depositing the cost bond with the clerk of the
    court. When authorized by law, a forfeiture must be ordered
    by a court on an action in rem brought by a State's
    Attorney under a verified complaint for forfeiture.
        (2) During the probable cause portion of the judicial
    in rem proceeding wherein the State presents its
    case-in-chief, the court must receive and consider, among
    other things, all relevant hearsay evidence and
    information. The laws of evidence relating to civil actions
    apply to all other portions of the judicial in rem
    proceeding.
        (3) Only an owner of or interest holder in the property
    may file an answer asserting a claim against the property
    in the action in rem. For purposes of this Section, the
    owner or interest holder shall be referred to as claimant.
    Upon motion of the State, the court shall first hold a
    hearing, wherein any claimant must establish by a
    preponderance of the evidence, that he or she has a lawful,
    legitimate ownership interest in the property and that it
    was obtained through a lawful source.
        (4) The answer must be signed by the owner or interest
    holder under penalty of perjury and must set forth:
            (A) the caption of the proceedings as set forth on
        the notice of pending forfeiture and the name of the
        claimant;
            (B) the address at which the claimant will accept
        mail;
            (C) the nature and extent of the claimant's
        interest in the property;
            (D) the date, identity of transferor, and
        circumstances of the claimant's acquisition of the
        interest in the property;
            (E) the name and address of all other persons known
        to have an interest in the property;
            (F) all essential facts supporting each assertion;
        and
            (G) the precise relief sought.
        (5) The answer must be filed with the court within 45
    days after service of the civil in rem complaint.
        (6) The hearing must be held within 60 days after
    filing of the answer unless continued for good cause.
        (7) The State shall show the existence of probable
    cause for forfeiture of the property. If the State shows
    probable cause, the claimant has the burden of showing by a
    preponderance of the evidence that the claimant's interest
    in the property is not subject to forfeiture.
        (8) If the State does not show existence of probable
    cause, the court shall order the interest in the property
    returned or conveyed to the claimant and shall order all
    other property forfeited to the State. If the State does
    show existence of probable cause, the court shall order all
    property forfeited to the State.
        (9) 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.
        (10) An acquittal or dismissal in a criminal proceeding
    does not preclude civil proceedings under this Article;
    however, for good cause shown, on a motion by the State's
    Attorney, the court may stay civil forfeiture proceedings
    during the criminal trial for a related criminal indictment
    or information alleging a money laundering violation. Such
    a stay shall not be available pending an appeal. Property
    subject to forfeiture under this Article shall not be
    subject to return or release by a court exercising
    jurisdiction over a criminal case involving the seizure of
    such property unless such return or release is consented to
    by the State's Attorney.
        (11) All property declared forfeited under this
    Article vests in this State on 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.
        (12) A civil action under this Article must be
    commenced within 5 years after the last conduct giving rise
    to forfeiture became known or should have become known or 5
    years after the forfeitable property is discovered,
    whichever is later, excluding any time during which either
    the property or claimant is out of the State or in
    confinement or during which criminal proceedings relating
    to the same conduct are in progress.
    (m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
    (n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as
are set out in writing in a settlement agreement.
    (o) Property constituting attorney fees. Nothing in this
Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
    (p) Construction. It is the intent of the General Assembly
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
    (q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim and cost bond as
described in paragraph (3) of subsection (k) of this Section.
If a claim and cost bond is filed under this Section, then the
procedures described in subsection (l) of this Section apply.
    (r) Burden of proof of exemption or exception. It is not
necessary for the State to negate any exemption or exception in
this Article in any complaint, information, indictment or other
pleading or in any trial, hearing, or other proceeding under
this Article. The burden of proof of any exemption or exception
is upon the person claiming it.
    (s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,
the court shall find that the aggrieved party has established a
substantial likelihood of prevailing on the merits and that
granting the stay will not have an injurious effect on the
general public.
(Source: P.A. 99-480, eff. 9-9-15.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 29B-1. Money laundering.
    (a) A person commits the offense of money laundering:
        (1) when, knowing that the property involved in a
    financial transaction represents the proceeds of some form
    of unlawful activity, he or she conducts or attempts to
    conduct the such a financial transaction which in fact
    involves criminally derived property:
            (A) with the intent to promote the carrying on of
        the unlawful activity from which the criminally
        derived property was obtained; or
            (B) where he or she knows or reasonably should know
        that the financial transaction is designed in whole or
        in part:
                (i) to conceal or disguise the nature, the
            location, the source, the ownership or the control
            of the criminally derived property; or
                (ii) to avoid a transaction reporting
            requirement under State law; or
        (1.5) when he or she transports, transmits, or
    transfers, or attempts to transport, transmit, or transfer
    a monetary instrument:
            (A) with the intent to promote the carrying on of
        the unlawful activity from which the criminally
        derived property was obtained; or
            (B) knowing, or having reason to know, that the
        financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the
            location, the source, the ownership or the control
            of the criminally derived property; or
                (ii) to avoid a transaction reporting
            requirement under State law; or
        (2) when, with the intent to:
            (A) promote the carrying on of a specified criminal
        activity as defined in this Article; or
            (B) conceal or disguise the nature, location,
        source, ownership, or control of property believed to
        be the proceeds of a specified criminal activity as
        defined in this Article by subdivision (b)(6); or
            (C) avoid a transaction reporting requirement
        under State law,
    he or she conducts or attempts to conduct a financial
    transaction involving property he or she believes to be the
    proceeds of specified criminal activity as defined by
    subdivision (b)(6) or property used to conduct or
    facilitate specified criminal activity as defined in this
    Article by subdivision (b)(6).
    (b) (Blank). As used in this Section:
        (0.5) "Knowing that the property involved in a
    financial transaction represents the proceeds of some form
    of unlawful activity" means that the person knew the
    property involved in the transaction represented proceeds
    from some form, though not necessarily which form, of
    activity that constitutes a felony under State, federal, or
    foreign law.
        (1) "Financial transaction" means a purchase, sale,
    loan, pledge, gift, transfer, delivery or other
    disposition utilizing criminally derived property, and
    with respect to financial institutions, includes a
    deposit, withdrawal, transfer between accounts, exchange
    of currency, loan, extension of credit, purchase or sale of
    any stock, bond, certificate of deposit or other monetary
    instrument, use of safe deposit box, or any other payment,
    transfer or delivery by, through, or to a financial
    institution. For purposes of clause (a)(2) of this Section,
    the term "financial transaction" also means a transaction
    which without regard to whether the funds, monetary
    instruments, or real or personal property involved in the
    transaction are criminally derived, any transaction which
    in any way or degree: (1) involves the movement of funds by
    wire or any other means; (2) involves one or more monetary
    instruments; or (3) the transfer of title to any real or
    personal property. The receipt by an attorney of bona fide
    fees for the purpose of legal representation is not a
    financial transaction for purposes of this Section.
        (2) "Financial institution" means any bank; saving and
    loan association; trust company; agency or branch of a
    foreign bank in the United States; currency exchange;
    credit union, mortgage banking institution; pawnbroker;
    loan or finance company; operator of a credit card system;
    issuer, redeemer or cashier of travelers checks, checks or
    money orders; dealer in precious metals, stones or jewels;
    broker or dealer in securities or commodities; investment
    banker; or investment company.
        (3) "Monetary instrument" means United States coins
    and currency; coins and currency of a foreign country;
    travelers checks; personal checks, bank checks, and money
    orders; investment securities; bearer negotiable
    instruments; bearer investment securities; or bearer
    securities and certificates of stock in such form that
    title thereto passes upon delivery.
        (4) "Criminally derived property" means: (A) any
    property, real or personal, constituting or derived from
    proceeds obtained, directly or indirectly, from activity
    that constitutes a felony under State, federal, or foreign
    law; or (B) any property represented to be property
    constituting or derived from proceeds obtained, directly
    or indirectly, from activity that constitutes a felony
    under State, federal, or foreign law.
        (5) "Conduct" or "conducts" includes, in addition to
    its ordinary meaning, initiating, concluding, or
    participating in initiating or concluding a transaction.
        (6) "Specified criminal activity" means any violation
    of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
    of Article 29D of this Code.
        (7) "Director" means the Director of State Police or
    his or her designated agents.
        (8) "Department" means the Department of State Police
    of the State of Illinois or its successor agency.
        (9) "Transaction reporting requirement under State
    law" means any violation as defined under the Currency
    Reporting Act.
    (c) Sentence.
        (1) Laundering of criminally derived property of a
    value not exceeding $10,000 is a Class 3 felony;
        (2) Laundering of criminally derived property of a
    value exceeding $10,000 but not exceeding $100,000 is a
    Class 2 felony;
        (3) Laundering of criminally derived property of a
    value exceeding $100,000 but not exceeding $500,000 is a
    Class 1 felony;
        (4) Money laundering in violation of subsection (a)(2)
    of this Section is a Class X felony;
        (5) Laundering of criminally derived property of a
    value exceeding $500,000 is a Class 1 non-probationable
    felony;
        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
    this Section, the sentences are as follows:
            (A) Laundering of property of a value not exceeding
        $10,000 is a Class 3 felony;
            (B) Laundering of property of a value exceeding
        $10,000 but not exceeding $100,000 is a Class 2 felony;
            (C) Laundering of property of a value exceeding
        $100,000 but not exceeding $500,000 is a Class 1
        felony;
            (D) Laundering of property of a value exceeding
        $500,000 is a Class 1 non-probationable felony.
    (d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some
form of criminally derived property or from some form of
unlawful activity:
        (1) A financial transaction was conducted or
    structured or attempted in violation of the reporting
    requirements of any State or federal law; or
        (2) A financial transaction was conducted or attempted
    with the use of a false or fictitious name or a forged
    instrument; or
        (3) A falsely altered or completed written instrument
    or a written instrument that contains any materially false
    personal identifying information was made, used, offered
    or presented, whether accepted or not, in connection with a
    financial transaction; or
        (4) A financial transaction was structured or
    attempted to be structured so as to falsely report the
    actual consideration or value of the transaction; or
        (5) A money transmitter, a person engaged in a trade or
    business or any employee of a money transmitter or a person
    engaged in a trade or business, knows or reasonably should
    know that false personal identifying information has been
    presented and incorporates the false personal identifying
    information into any report or record; or
        (6) The criminally derived property is transported or
    possessed in a fashion inconsistent with the ordinary or
    usual means of transportation or possession of such
    property and where the property is discovered in the
    absence of any documentation or other indicia of legitimate
    origin or right to such property; or
        (7) A person pays or receives substantially less than
    face value for one or more monetary instruments; or
        (8) A person engages in a transaction involving one or
    more monetary instruments, where the physical condition or
    form of the monetary instrument or instruments makes it
    apparent that they are not the product of bona fide
    business or financial transactions.
    (e) Duty to enforce this Article.
        (1) It is the duty of the Department of State Police,
    and its agents, officers, and investigators, to enforce all
    provisions of this Article, except those specifically
    delegated, and to cooperate with all agencies charged with
    the enforcement of the laws of the United States, or of any
    state, relating to money laundering. Only an agent,
    officer, or investigator designated by the Director may be
    authorized in accordance with this Section to serve seizure
    notices, warrants, subpoenas, and summonses under the
    authority of this State.
        (2) Any agent, officer, investigator, or peace officer
    designated by the Director may: (A) make seizure of
    property pursuant to the provisions of this Article; and
    (B) perform such other law enforcement duties as the
    Director designates. It is the duty of all State's
    Attorneys to prosecute violations of this Article and
    institute legal proceedings as authorized under this
    Article.
    (f) Protective orders.
        (1) Upon application of the State, the court may enter
    a restraining order or injunction, require the execution of
    a satisfactory performance bond, or take any other action
    to preserve the availability of property described in
    subsection (h) for forfeiture under this Article:
            (A) upon the filing of an indictment, information,
        or complaint charging a violation of this Article for
        which forfeiture may be ordered under this Article and
        alleging that the property with respect to which the
        order is sought would be subject to forfeiture under
        this Article; or
            (B) prior to the filing of such an indictment,
        information, or complaint, if, after notice to persons
        appearing to have an interest in the property and
        opportunity for a hearing, the court determines that:
                (i) there is probable cause to believe that the
            State will prevail on the issue of forfeiture and
            that failure to enter the order will result in the
            property being destroyed, removed from the
            jurisdiction of the court, or otherwise made
            unavailable for forfeiture; and
                (ii) the need to preserve the availability of
            the property through the entry of the requested
            order outweighs the hardship on any party against
            whom the order is to be entered.
            Provided, however, that an order entered pursuant
        to subparagraph (B) shall be effective for not more
        than 90 days, unless extended by the court for good
        cause shown or unless an indictment, information,
        complaint, or administrative notice has been filed.
        (2) A temporary restraining order under this
    subsection may be entered upon application of the State
    without notice or opportunity for a hearing when an
    indictment, information, complaint, or administrative
    notice has not yet been filed with respect to the property,
    if the State demonstrates that there is probable cause to
    believe that the property with respect to which the order
    is sought would be subject to forfeiture under this Section
    and that provision of notice will jeopardize the
    availability of the property for forfeiture. Such a
    temporary order shall expire not more than 30 days after
    the date on which it is entered, unless extended for good
    cause shown or unless the party against whom it is entered
    consents to an extension for a longer period. A hearing
    requested concerning an order entered under this paragraph
    shall be held at the earliest possible time and prior to
    the expiration of the temporary order.
        (3) The court may receive and consider, at a hearing
    held pursuant to this subsection (f), evidence and
    information that would be inadmissible under the Illinois
    rules of evidence.
        (4) Order to repatriate and deposit.
            (A) In general. Pursuant to its authority to enter
        a pretrial restraining order under this Section, the
        court may order a defendant to repatriate any property
        that may be seized and forfeited and to deposit that
        property pending trial with the Illinois State Police
        or another law enforcement agency designated by the
        Illinois State Police.
            (B) Failure to comply. Failure to comply with an
        order under this subsection (f) is punishable as a
        civil or criminal contempt of court.
    (g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
    (h) Forfeiture.
        (1) The following are subject to forfeiture:
            (A) any property, real or personal, constituting,
        derived from, or traceable to any proceeds the person
        obtained directly or indirectly, as a result of a
        violation of this Article;
            (B) any of the person's property used, or intended
        to be used, in any manner or part, to commit, or to
        facilitate the commission of, a violation of this
        Article;
            (C) all conveyances, including aircraft, vehicles
        or vessels, which are used, or intended for use, to
        transport, or in any manner to facilitate the
        transportation, sale, receipt, possession, or
        concealment of property described in subparagraphs (A)
        and (B), but:
                (i) no conveyance used by any person as a
            common carrier in the transaction of business as a
            common carrier is subject to forfeiture under this
            Section unless it appears that the owner or other
            person in charge of the conveyance is a consenting
            party or privy to a violation of this Article;
                (ii) no conveyance is subject to forfeiture
            under this Section by reason of any act or omission
            which the owner proves to have been committed or
            omitted without his or her knowledge or consent;
                (iii) a forfeiture of a conveyance encumbered
            by a bona fide security interest is subject to the
            interest of the secured party if he or she neither
            had knowledge of nor consented to the act or
            omission;
            (D) all real property, including any right, title,
        and interest (including, but not limited to, any
        leasehold interest or the beneficial interest in a land
        trust) in the whole of any lot or tract of land and any
        appurtenances or improvements, which is used or
        intended to be used, in any manner or part, to commit,
        or in any manner to facilitate the commission of, any
        violation of this Article or that is the proceeds of
        any violation or act that constitutes a violation of
        this Article.
        (2) Property subject to forfeiture under this Article
    may be seized by the Director or any peace officer upon
    process or seizure warrant issued by any court having
    jurisdiction over the property. Seizure by the Director or
    any peace officer without process may be made:
            (A) if the seizure is incident to a seizure
        warrant;
            (B) if the property subject to seizure has been the
        subject of a prior judgment in favor of the State in a
        criminal proceeding, or in an injunction or forfeiture
        proceeding based upon this Article;
            (C) if there is probable cause to believe that the
        property is directly or indirectly dangerous to health
        or safety;
            (D) if there is probable cause to believe that the
        property is subject to forfeiture under this Article
        and the property is seized under circumstances in which
        a warrantless seizure or arrest would be reasonable; or
            (E) in accordance with the Code of Criminal
        Procedure of 1963.
        (3) In the event of seizure pursuant to paragraph (2),
    forfeiture proceedings shall be instituted in accordance
    with subsections (i) through (r).
        (4) Property taken or detained under this Section shall
    not be subject to replevin, but is deemed to be in the
    custody of the Director 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 under this Article. When property is seized under
    this Article, the seizing agency shall promptly conduct an
    inventory of the seized property and estimate the
    property's value and shall forward a copy of the inventory
    of seized property and the estimate of the property's value
    to the Director. Upon receiving notice of seizure, the
    Director may:
            (A) place the property under seal;
            (B) remove the property to a place designated by
        the Director;
            (C) keep the property in the possession of the
        seizing agency;
            (D) remove the property to a storage area for
        safekeeping or, if the property is a negotiable
        instrument or money and is not needed for evidentiary
        purposes, deposit it in an interest bearing account;
            (E) place the property under constructive seizure
        by posting notice of pending forfeiture on it, by
        giving notice of pending forfeiture to its owners and
        interest holders, or by filing notice of pending
        forfeiture in any appropriate public record relating
        to the property; or
            (F) provide for another agency or custodian,
        including an owner, secured party, or lienholder, to
        take custody of the property upon the terms and
        conditions set by the Director.
        (5) When property is forfeited under this Article, the
    Director shall sell all such property unless such property
    is required by law to be destroyed or is harmful to the
    public, and shall distribute the proceeds of the sale,
    together with any moneys forfeited or seized, in accordance
    with paragraph (6).
        (6) All monies and the sale proceeds of all other
    property forfeited and seized under this Article shall be
    distributed as follows:
            (A) 65% shall be distributed to the metropolitan
        enforcement group, local, municipal, county, or State
        law enforcement agency or agencies which conducted or
        participated in the investigation resulting in the
        forfeiture. The distribution shall bear a reasonable
        relationship to the degree of direct participation of
        the law enforcement agency in the effort resulting in
        the forfeiture, taking into account the total value of
        the property forfeited and the total law enforcement
        effort with respect to the violation of the law upon
        which the forfeiture is based. Amounts distributed to
        the agency or agencies shall be used for the
        enforcement of laws.
            (B)(i) 12.5% shall be distributed to the Office of
        the State's Attorney of the county in which the
        prosecution resulting in the forfeiture was
        instituted, deposited in a special fund in the county
        treasury and appropriated to the State's Attorney for
        use in the enforcement of laws. In counties over
        3,000,000 population, 25% shall be distributed to the
        Office of the State's Attorney for use in the
        enforcement of laws. If the prosecution is undertaken
        solely by the Attorney General, the portion provided
        hereunder shall be distributed to the Attorney General
        for use in the enforcement of laws.
            (ii) 12.5% shall be distributed to the Office of
        the State's Attorneys Appellate Prosecutor and
        deposited in the Narcotics Profit Forfeiture Fund of
        that office to be used for additional expenses incurred
        in the investigation, prosecution and appeal of cases
        arising under laws. The Office of the State's Attorneys
        Appellate Prosecutor shall not receive distribution
        from cases brought in counties with over 3,000,000
        population.
            (C) 10% shall be retained by the Department of
        State Police for expenses related to the
        administration and sale of seized and forfeited
        property.
        Moneys and the sale proceeds distributed to the
    Department of State Police under this Article shall be
    deposited in the Money Laundering Asset Recovery Fund
    created in the State treasury and shall be used by the
    Department of State Police for State law enforcement
    purposes.
        (7) All moneys and sale proceeds of property forfeited
    and seized under this Article and distributed according to
    paragraph (6) may also be used to purchase opioid
    antagonists as defined in Section 5-23 of the Alcoholism
    and Other Drug Abuse and Dependency Act.
        (7.5) Preliminary Review.
            (A) Within 14 days of the seizure, the State shall
        seek a preliminary determination from the circuit
        court as to whether there is probable cause that the
        property may be subject to forfeiture.
            (B) The rules of evidence shall not apply to any
        proceeding conducted under this Section.
            (C) The court may conduct the review under
        subparagraph (A) of this paragraph (7.5)
        simultaneously with a proceeding under Section 109-1
        of the Code of Criminal Procedure of 1963 for a related
        criminal offense if a prosecution is commenced by
        information or complaint.
            (D) The court may accept a finding of probable
        cause at a preliminary hearing following the filing of
        an information or complaint charging a related
        criminal offense or following the return of indictment
        by a grand jury charging the related offense as
        sufficient evidence of probable cause as required
        under subparagraph (A) of this paragraph (7.5).
            (E) Upon a finding of probable cause as required
        under this Section, the circuit court shall order the
        property subject to the applicable forfeiture Act held
        until the conclusion of any forfeiture proceeding.
    (i) Notice to owner or interest holder.
        (1) The first attempted service shall be commenced
    within 28 days of the latter of filing of the verified
    claim or the receipt of the notice from seizing agency by
    form 4-64. A complaint for forfeiture or a notice of
    pending forfeiture shall be served on a claimant if the
    owner's or interest holder's name and current address are
    known, then by either: (i) personal service or; (ii)
    mailing a copy of the notice by certified mail, return
    receipt requested and first class mail, to that address. If
    no signed return receipt is received by the State's
    Attorney within 28 days of mailing or no communication from
    the owner or interest holder is received by the State's
    Attorney documenting actual notice by the parties, the
    State's Attorney shall, within a reasonable period of time,
    mail a second copy of the notice by certified mail, return
    receipt requested and first class mail, to that address. If
    no signed return receipt is received by the State's
    Attorney within 28 days of the second mailing, or no
    communication from the owner or interest holder is received
    by the State's Attorney documenting actual notice by the
    parties, the State's Attorney shall have 60 days to attempt
    to personally serve the notice by personal service,
    including substitute service by leaving a copy at the usual
    place of abode with some person of the family or a person
    residing there, of the age of 13 years or upwards. If after
    3 attempts at service in this manner, and no service of the
    notice is accomplished, the notice shall be posted in a
    conspicuous manner at this address and service shall be
    made by the posting. The attempts at service and the
    posting if required, shall be documented by the person
    attempting service and the documentation shall be made part
    of a return of service returned to the State's Attorney.
    The State's Attorney may utilize any Sheriff or Deputy
    Sheriff, a peace officer, a private process server or
    investigator, or an employee, agent, or investigator of the
    State's Attorney's Office to attempt service without
    seeking leave of court. After the procedures listed are
    followed, service shall be effective on the owner or
    interest holder on the date of receipt by the State's
    Attorney of a returned return receipt requested, or on the
    date of receipt of a communication from an owner or
    interest holder documenting actual notice, whichever is
    first in time, or on the date of the last act performed by
    the State's Attorney in attempting personal service. For
    purposes of notice under this Section, if a person has been
    arrested for the conduct giving rise to the forfeiture, the
    address provided to the arresting agency at the time of
    arrest shall be deemed to be that person's known address.
    Provided, however, if an owner or interest holder's address
    changes prior to the effective date of the notice of
    pending forfeiture, the owner or interest holder shall
    promptly notify the seizing agency of the change in address
    or, if the owner or interest holder's address changes
    subsequent to the effective date of the notice of pending
    forfeiture, the owner or interest holder shall promptly
    notify the State's Attorney of the change in address. If
    the property seized is a conveyance, notice shall also be
    directed to the address reflected in the office of the
    agency or official in which title or interest to the
    conveyance is required by law to be recorded.
            (A) (Blank);
            (A-5) If the owner's or interest holder's address
        is not known, and is not on record as provided in
        paragraph (1), service by publication for 3 successive
        weeks in a newspaper of general circulation in the
        county in which the seizure occurred shall suffice for
        service requirements.
            (A-10) Notice to any business entity, corporation,
        LLC, LLP, or partnership shall be complete by a single
        mailing of a copy of the notice by certified mail,
        return receipt requested and first class mail, to that
        address. This notice is complete regardless of the
        return of a signed "return receipt requested".
            (A-15) Notice to a person whose address is not
        within the State shall be completed by a single mailing
        of a copy of the notice by certified mail, return
        receipt requested and first class mail to that address.
        This notice is complete regardless of the return of a
        signed "return receipt requested".
            (A-20) Notice to a person whose address is not
        within the United States shall be completed by a single
        mailing of a copy of the notice by certified mail,
        return receipt requested and first class mail to that
        address. This notice is complete regardless of the
        return of a signed "return receipt requested". If
        certified mail is not available in the foreign country
        where the person has an address, notice shall proceed
        by paragraph (A-15) publication requirements.
            (A-25) A person who the State's Attorney
        reasonably should know is incarcerated within this
        State, shall also include, mailing a copy of the notice
        by certified mail, return receipt requested and first
        class mail, to the address of the detention facility
        with the inmate's name clearly marked on the envelope.
            After a claimant files a verified claim with the
        State's Attorney and provides an address at which they
        will accept service, the complaint shall be served and
        notice shall be complete upon the mailing of the
        complaint to the claimant at the address the claimant
        provided via certified mail, return receipt requested
        and first class mail. No return receipt card need be
        received, or any other attempts at service need be made
        to comply with service and notice requirements under
        this Section. This certified mailing, return receipt
        requested shall be proof of service of the complaint on
        the claimant. If notice is to be shown by actual notice
        from communication with a claimant, then the State's
        Attorney shall file an affidavit as proof of service
        providing details of the communication which shall be
        accepted as proof of service by the court.
            (B) If the property seized is a conveyance, to the
        address reflected in the office of the agency or
        official in which title or interest to the conveyance
        is required by law to be recorded, then by mailing a
        copy of the notice by certified mail, return receipt
        requested, to that address; or
            (C) (Blank).
        (2) Notice served under this Article is effective upon
    personal service, the last date of publication, or the
    mailing of written notice, whichever is earlier.
    (j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 60 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle. This notice shall be by the
form 4-64.
    (k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 28 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
        (1) 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 45
    days after 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 subsection (i) of this Section.
        (2) 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.
        (3)(A) Any person claiming an interest in property
    which is the subject of notice under paragraph (1) of this
    subsection (k), must, in order to preserve any rights or
    claims to the property, within 45 days after the effective
    date of notice as described in subsection (i) of this
    Section, 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 accept
        mail;
            (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 name and address 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
        assertion; and
            (viii) the relief sought.
        (B) If a claimant files the claim, then the State's
    Attorney shall institute judicial in rem forfeiture
    proceedings with the clerk of the court as described in
    subsection (l) of this Section within 45 days after receipt
    of the claim.
        (C) (Blank).
        (4) If no claim is filed within the 45 day period as
    described in paragraph (3) of this subsection (k), 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 State Police of
    the declaration of forfeiture and the Director shall
    dispose of the property in accordance with law.
    (l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim under
paragraph (3) of subsection (k) of this Section, the following
judicial in rem procedures shall apply:
        (1) If, after a 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 by the seizing
    agency or the filing of the claim, whichever is later, the
    State's Attorney shall institute judicial forfeiture
    proceedings by filing a verified complaint for forfeiture.
    When authorized by law, a forfeiture must be ordered by a
    court on an action in rem brought by a State's Attorney
    under a verified complaint for forfeiture.
        (1.5) A complaint of forfeiture shall include:
            (i) a description of the property seized;
            (ii) the date and place of seizure of the property;
            (iii) the name and address of the law enforcement
        agency making the seizure; and
            (iv) the specific statutory and factual grounds
        for the seizure.
        (1.10) The complaint shall be served upon the person
    from whom the property was seized and all persons known or
    reasonably believed by the State to claim an interest in
    the property, as provided in subsection (i) of this
    Section. The complaint shall be accompanied by the
    following written notice:
        "This is a civil court proceeding subject to the Code
    of Civil Procedure. You received this Complaint of
    Forfeiture because the State's Attorney's office has
    brought a legal action seeking forfeiture of your seized
    property. This complaint starts the court process where the
    State seeks to prove that your property should be forfeited
    and not returned to you. This process is also your
    opportunity to try to prove to a judge that you should get
    your property back. The complaint lists the date, time, and
    location of your first court date. You must appear in court
    on that day, or you may lose the case automatically. You
    must also file an appearance and answer. If you are unable
    to pay the appearance fee, you may qualify to have the fee
    waived. If there is a criminal case related to the seizure
    of your property, your case may be set for trial after the
    criminal case has been resolved. Before trial, the judge
    may allow discovery, where the State can ask you to respond
    in writing to questions and give them certain documents,
    and you can make similar requests of the State. The trial
    is your opportunity to explain what happened when your
    property was seized and why you should get the property
    back."
        (2) The laws of evidence relating to civil actions
    shall apply to proceedings under this Article with the
    following exception. The parties shall be allowed to use,
    and the court shall receive and consider all relevant
    hearsay evidence which relates to evidentiary foundation,
    chain of custody, business records, recordings, laboratory
    analysis, laboratory reports, and relevant hearsay related
    to the use of technology in the investigation which
    resulted in the seizure of property which is now subject to
    this forfeiture action.
        (3) Only an owner of or interest holder in the property
    may file an answer asserting a claim against the property
    in the action in rem. For purposes of this Section, the
    owner or interest holder shall be referred to as claimant.
    Upon motion of the State, the court shall first hold a
    hearing, wherein any claimant must establish by a
    preponderance of the evidence, that he or she has a lawful,
    legitimate ownership interest in the property and that it
    was obtained through a lawful source.
        (4) The answer must be signed by the owner or interest
    holder under penalty of perjury and must set forth:
            (A) the caption of the proceedings as set forth on
        the notice of pending forfeiture and the name of the
        claimant;
            (B) the address at which the claimant will accept
        mail;
            (C) the nature and extent of the claimant's
        interest in the property;
            (D) the date, identity of transferor, and
        circumstances of the claimant's acquisition of the
        interest in the property;
            (E) the name and address of all other persons known
        to have an interest in the property;
            (F) all essential facts supporting each assertion;
            (G) the precise relief sought; and
            (H) the answer shall follow the rules under the
        Code of Civil Procedure.
        (5) The answer must be filed with the court within 45
    days after service of the civil in rem complaint.
        (6) The hearing must be held within 60 days after
    filing of the answer unless continued for good cause.
        (7) At the judicial in rem proceeding, in the State's
    case in chief, the State shall show by a preponderance of
    the evidence that the property is subject to forfeiture. If
    the State makes such a showing, the claimant shall have the
    burden of production to set forth evidence that the
    property is not related to the alleged factual basis of the
    forfeiture. After this production of evidence, the State
    shall maintain the burden of proof to overcome this
    assertion. A claimant shall provide the State notice of its
    intent to allege that the currency or its equivalent is not
    related to the alleged factual basis of the forfeiture and
    why. As to conveyances, at the judicial in rem proceeding,
    in their case in chief, the State shall show by a
    preponderance of the evidence, that (1) the property is
    subject to forfeiture; and (2) at least one of the
    following:
            (i) that the claimant was legally accountable for
        the conduct giving rise to the forfeiture;
            (ii) that the claimant knew or reasonably should
        have known of the conduct giving rise to the
        forfeiture;
            (iii) that the claimant knew or reasonable should
        have known that the conduct giving rise to the
        forfeiture was likely to occur;
            (iv) that the claimant held the property for the
        benefit of, or as nominee for, any person whose conduct
        gave rise to its forfeiture;
            (v) that if the claimant acquired their interest
        through any person engaging in any of the conduct
        described above or conduct giving rise to the
        forfeiture;
                (1) the claimant did not acquire it as a bona
            fide purchaser for value; or
                (2) the claimant acquired the interest under
            the circumstances that they reasonably should have
            known the property was derived from, or used in,
            the conduct giving rise to the forfeiture; or
            (vii) that the claimant is not the true owner of
        the property that is subject to forfeiture.
        (8) If the State does not meet its burden to show that
    the property is subject to forfeiture, the court shall
    order the interest in the property returned or conveyed to
    the claimant and shall order all other property forfeited
    to the State. If the State does meet its burden to show
    that the property is subject to forfeiture, the court shall
    order all property forfeited to the State.
        (9) 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.
        (10) On a motion by the the parties, the court may stay
    civil forfeiture proceedings during the criminal trial for
    a related criminal indictment or information alleging a
    money laundering violation. Such a stay shall not be
    available pending an appeal. Property subject to
    forfeiture under this Article shall not be subject to
    return or release by a court exercising jurisdiction over a
    criminal case involving the seizure of such property unless
    such return or release is consented to by the State's
    Attorney.
        Notwithstanding any other provision of this Section,
    the State's burden of proof at the trial of the forfeiture
    action shall be by clear and convincing evidence if: (1) a
    finding of not guilty is entered as to all counts and all
    defendants in a criminal proceeding relating to the conduct
    giving rise to the forfeiture action; or (2) the State
    receives an adverse finding at a preliminary hearing and
    fails to secure an indictment in a criminal proceeding
    relating to the factual allegations of the forfeiture
    action.
        (11) All property declared forfeited under this
    Article vests in this State on the commission of the
    conduct giving rise to forfeiture together with the
    proceeds of the property after that time. Except as
    otherwise provided in this Article, title to any such
    property or proceeds subsequently transferred to any
    person remain subject to forfeiture and thereafter shall be
    ordered forfeited unless the person to whom the property
    was transferred makes an appropriate claim and has his or
    her claim adjudicated at the judicial in rem hearing.
        (12) A civil action under this Article must be
    commenced within 5 years after the last conduct giving rise
    to forfeiture became known or should have become known or 5
    years after the forfeitable property is discovered,
    whichever is later, excluding any time during which either
    the property or claimant is out of the State or in
    confinement or during which criminal proceedings relating
    to the same conduct are in progress.
    (m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
    (n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as
are set out in writing in a settlement agreement. All proceeds
from a settlement agreement shall be tendered to the Department
of State Police and distributed under paragraph (6) of
subsection (h) of this Section.
    (o) Property constituting attorney fees. Nothing in this
Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
    (p) Construction. It is the intent of the General Assembly
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
    (q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim as described in
paragraph (3) of subsection (k) of this Section. If a claim is
filed under this Section, then the procedures described in
subsection (l) of this Section apply.
    (r) (Blank).
    (s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,
the court shall find that the aggrieved party has established a
substantial likelihood of prevailing on the merits and that
granting the stay will not have an injurious effect on the
general public.
    (t) Actual physical seizure of real property subject to
forfeiture under this Act requires the issuance of a seizure
warrant. Nothing in this Section prohibits the constructive
seizure of real property through the filing of a complaint for
forfeiture in circuit court and the recording of a lis pendens
against the real property which is subject to forfeiture
without any hearing, warrant application, or judicial
approval.
    (u) Property which is forfeited shall be subject to an 8th
amendment to the United States Constitution disproportionate
penalties analysis and the property forfeiture may be denied in
whole or in part if the court finds that the forfeiture would
constitute an excessive fine in violation of the 8th amendment
as interpreted by case law.
    (v) If property is ordered forfeited under this Section
from a claimant who held title to the property in joint tenancy
or tenancy in common with another claimant, the court shall
determine the amount of each owner's interest in the property
according to principles of property law.
    (w) A claimant or a party interested in personal property
contained within a seized conveyance may file a request with
the State's Attorney in a non-judicial forfeiture action, or a
motion with the court in a judicial forfeiture action for the
return of any personal property contained within a conveyance
which is seized under this Article. The return of personal
property shall not be unreasonably withheld if the personal
property is not mechanically or electrically coupled to the
conveyance, needed for evidentiary purposes, or otherwise
contraband. Any law enforcement agency that returns property
under a court order under this Section shall not be liable to
any person who claims ownership to the property if it is
returned to an improper party.
    (x) Innocent owner hearing.
        (1) After a complaint for forfeiture has been filed and
    all claimants have appeared and answered, a claimant may
    file a motion with the court for an innocent owner hearing
    prior to trial. This motion shall be made and supported by
    sworn affidavit and shall assert the following along with
    specific facts which support each assertion:
            (i) that the claimant filing the motion is the true
        owner of the conveyance as interpreted by case law;
            (ii) that the claimant was not legally accountable
        for the conduct giving rise to the forfeiture or
        acquiesced in the conduct;
            (iii) that the claimant did not solicit, conspire,
        or attempt to commit the conduct giving rise to the
        forfeiture;
            (iv) that the claimant did not know or did not have
        reason to know that the conduct giving rise to the
        forfeiture was likely to occur; and
            (v) that the claimant did not hold the property for
        the benefit of, or as nominee for any person whose
        conduct gave rise to its forfeiture or if the owner or
        interest holder acquired the interest through any
        person, the owner or interest holder did not acquire it
        as a bona fide purchaser for value or acquired the
        interest without knowledge of the seizure of the
        property for forfeiture.
        (2) The claimant shall include specific facts which
    support these assertions in their motion.
        (3) Upon this filing, a hearing may only be conducted
    after the parties have been given the opportunity to
    conduct limited discovery as to the ownership and control
    of the property, the claimant's knowledge, or any matter
    relevant to the issues raised or facts alleged in the
    claimant's motion. Discovery shall be limited to the
    People's requests in these areas but may proceed by any
    means allowed in the Code of Civil Procedure.
            (i) After discovery is complete and the court has
        allowed for sufficient time to review and investigate
        the discovery responses, the court shall conduct a
        hearing. At the hearing, the fact that the conveyance
        is subject to forfeiture shall not be at issue. The
        court shall only hear evidence relating to the issue of
        innocent ownership.
            (ii) At the hearing on the motion, it shall be the
        burden of the claimant to prove each of the assertions
        listed in paragraph (1) of this subsection (x) by a
        preponderance of the evidence.
            (iii) If a claimant meets his burden of proof, the
        court shall grant the motion and order the property
        returned to the claimant. If the claimant fails to meet
        his or her burden of proof then the court shall deny
        the motion.
    (y) No property shall be forfeited under this Section from
a person who, without actual or constructive notice that the
property was the subject of forfeiture proceedings, obtained
possession of the property as a bona fide purchaser for value.
A person who purports to affect transfer of property after
receiving actual or constructive notice that the property is
subject to seizure or forfeiture is guilty of contempt of
court, and shall be liable to the State for a penalty in the
amount of the fair market value of the property.
    (z) Forfeiture proceedings under this Section shall be
subject to the Code of Civil Procedure and the rules of
evidence relating to civil actions.
    (aa) Return of property, damages, and costs.
        (1) The law enforcement agency that holds custody of
    property seized for forfeiture shall deliver property
    ordered by the court to be returned or conveyed to the
    claimant within a reasonable time not to exceed 7 days,
    unless the order is stayed by the trial court or a
    reviewing court pending an appeal, motion to reconsider, or
    other reason.
        (2) The law enforcement agency that holds custody of
    property is responsible for any damages, storage fees, and
    related costs applicable to property returned. The
    claimant shall not be subject to any charges by the State
    for storage of the property or expenses incurred in the
    preservation of the property. Charges for the towing of a
    conveyance shall be borne by the claimant unless the
    conveyance was towed for the sole reason of seizure for
    forfeiture. This Section does not prohibit the imposition
    of any fees or costs by a home rule unit of local
    government related to the impoundment of a conveyance under
    an ordinance enacted by the unit of government.
        (3) A law enforcement agency shall not retain forfeited
    property for its own use or transfer the property to any
    person or entity, except as provided under this Section. A
    law enforcement agency may apply in writing to the Director
    of State Police to request that a forfeited property be
    awarded to the agency for a specifically articulated
    official law enforcement use in an investigation. The
    Director of State Police shall provide a written
    justification in each instance detailing the reasons why
    the forfeited property was placed into official use and the
    justification shall be retained for a period of not less
    than 3 years.
    (bb) The changes made to this Section by this amendatory
Act of the 100th General Assembly are subject to Sections 2 and
4 of the Statute on Statutes.
(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/29B-2 new)
    Sec. 29B-2. Evidence in money laundering prosecutions.
    In a prosecution under this Article, either party may
introduce the following evidence pertaining to the issue of
whether the property or proceeds were known to be some form of
criminally derived property or from some form of unlawful
activity:
        (1) a financial transaction was conducted or
    structured or attempted in violation of the reporting
    requirements of any State or federal law;
        (2) a financial transaction was conducted or attempted
    with the use of a false or fictitious name or a forged
    instrument;
        (3) a falsely altered or completed written instrument
    or a written instrument that contains any materially false
    personal identifying information was made, used, offered
    or presented, whether accepted or not, in connection with a
    financial transaction;
        (4) a financial transaction was structured or
    attempted to be structured so as to falsely report the
    actual consideration or value of the transaction;
        (5) a money transmitter, a person engaged in a trade or
    business, or any employee of a money transmitter or a
    person engaged in a trade or business, knows or reasonably
    should know that false personal identifying information
    has been presented and incorporates the false personal
    identifying information into any report or record;
        (6) the criminally derived property is transported or
    possessed in a fashion inconsistent with the ordinary or
    usual means of transportation or possession of the property
    and where the property is discovered in the absence of any
    documentation or other indicia of legitimate origin or
    right to the property;
        (7) a person pays or receives substantially less than
    face value for one or more monetary instruments; or
        (8) a person engages in a transaction involving one or
    more monetary instruments, where the physical condition or
    form of the monetary instrument or instruments makes it
    apparent that they are not the product of bona fide
    business or financial transactions.
 
    (720 ILCS 5/29B-3 new)
    Sec. 29B-3. Duty to enforce this Article.
    (a) It is the duty of the Department of State Police, and
its agents, officers, and investigators, to enforce this
Article, except those provisions otherwise specifically
delegated, and to cooperate with all agencies charged with the
enforcement of the laws of the United States, or of any state,
relating to money laundering. Only an agent, officer, or
investigator designated by the Director may be authorized in
accordance with this Section to serve seizure notices,
warrants, subpoenas, and summonses under the authority of this
State.
    (b) An agent, officer, investigator, or peace officer
designated by the Director may: (1) make seizure of property
under this Article; and (2) perform other law enforcement
duties as the Director designates. It is the duty of all
State's Attorneys to prosecute violations of this Article and
institute legal proceedings as authorized under this Article.
 
    (720 ILCS 5/29B-4 new)
    Sec. 29B-4. Protective orders and warrants for forfeiture
purposes.
    (a) Upon application of the State, the court may enter a
restraining order or injunction, require the execution of a
satisfactory performance bond, or take any other action to
preserve the availability of property described in Section
29B-5 of this Article for forfeiture under this Article:
        (1) upon the filing of an indictment, information, or
    complaint charging a violation of this Article for which
    forfeiture may be ordered under this Article and alleging
    that the property with respect to which the order is sought
    would be subject to forfeiture under this Article; or
        (2) prior to the filing of the indictment, information,
    or complaint, if, after notice to persons appearing to have
    an interest in the property and opportunity for a hearing,
    the court determines that:
            (A) there is probable cause to believe that the
        State will prevail on the issue of forfeiture and that
        failure to enter the order will result in the property
        being destroyed, removed from the jurisdiction of the
        court, or otherwise made unavailable for forfeiture;
        and
            (B) the need to preserve the availability of the
        property through the entry of the requested order
        outweighs the hardship on any party against whom the
        order is to be entered.
        Provided, however, that an order entered under
    paragraph (2) of this Section shall be effective for not
    more than 90 days, unless extended by the court for good
    cause shown or unless an indictment, information,
    complaint, or administrative notice has been filed.
    (b) A temporary restraining order under this subsection (b)
may be entered upon application of the State without notice or
opportunity for a hearing when an indictment, information,
complaint, or administrative notice has not yet been filed with
respect to the property, if the State demonstrates that there
is probable cause to believe that the property with respect to
which the order is sought would be subject to forfeiture under
this Article and that provision of notice will jeopardize the
availability of the property for forfeiture. The temporary
order shall expire not more than 30 days after the date on
which it is entered, unless extended for good cause shown or
unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning
an order entered under this subsection (b) shall be held at the
earliest possible time and prior to the expiration of the
temporary order.
    (c) The court may receive and consider, at a hearing held
under this Section, evidence and information that would be
inadmissible under the Illinois rules of evidence.
    (d) Under its authority to enter a pretrial restraining
order under this Section, the court may order a defendant to
repatriate any property that may be seized and forfeited and to
deposit that property pending trial with the Department of
State Police or another law enforcement agency designated by
the Department of State Police. Failure to comply with an order
under this Section is punishable as a civil or criminal
contempt of court.
    (e) The State may request the issuance of a warrant
authorizing the seizure of property described in Section 29B-5
of this Article in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of that property.
 
    (720 ILCS 5/29B-5 new)
    Sec. 29B-5. Property subject to forfeiture. The following
are subject to forfeiture:
    (1) any property, real or personal, constituting, derived
from, or traceable to any proceeds the person obtained directly
or indirectly, as a result of a violation of this Article;
    (2) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, a violation of this Article;
    (3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to transport, or
in any manner to facilitate the transportation, sale, receipt,
possession, or concealment of property described in paragraphs
(1) and (2) of this Section, but:
        (A) no conveyance used by any person as a common
    carrier in the transaction of business as a common carrier
    is subject to forfeiture under this Section unless it
    appears that the owner or other person in charge of the
    conveyance is a consenting party or privy to a violation of
    this Article;
        (B) no conveyance is subject to forfeiture under this
    Article by reason of any act or omission which the owner
    proves to have been committed or omitted without his or her
    knowledge or consent;
        (C) a forfeiture of a conveyance encumbered by a bona
    fide security interest is subject to the interest of the
    secured party if he or she neither had knowledge of nor
    consented to the act or omission;
    (4) all real property, including any right, title, and
interest, including, but not limited to, any leasehold interest
or the beneficial interest in a land trust, in the whole of any
lot or tract of land and any appurtenances or improvements,
which is used or intended to be used, in any manner or part, to
commit, or in any manner to facilitate the commission of, any
violation of this Article or that is the proceeds of any
violation or act that constitutes a violation of this Article.
 
    (720 ILCS 5/29B-6 new)
    Sec. 29B-6. Seizure.
    (a) Property subject to forfeiture under this Article may
be seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the seizure is incident to a seizure warrant;
        (2) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding, or in an injunction or forfeiture
    proceeding based upon this Article;
        (3) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (4) if there is probable cause to believe that the
    property is subject to forfeiture under this Article and
    the property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (5) in accordance with the Code of Criminal Procedure
    of 1963.
    (b) In the event of seizure under subsection (a) of this
Section, forfeiture proceedings shall be instituted in
accordance with this Article.
    (c) Actual physical seizure of real property subject to
forfeiture requires the issuance of a seizure warrant. Nothing
in this Article prohibits the constructive seizure of real
property through the filing of a complaint for forfeiture in
circuit court and the recording of a lis pendens against the
real property that is subject to forfeiture without any
hearing, warrant application, or judicial approval.
 
    (720 ILCS 5/29B-7 new)
    Sec. 29B-7. Safekeeping of seized property pending
disposition.
    (a) If property is seized under this Article, the seizing
agency shall promptly conduct an inventory of the seized
property and estimate the property's value and shall forward a
copy of the inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    Director;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (b) When property is forfeited under this Article, the
Director shall sell all the property unless the property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, under Section 29B-26 of this
Article.
 
    (720 ILCS 5/29B-8 new)
    Sec. 29B-8. Notice to State's Attorney. The law enforcement
agency seizing property for forfeiture under this Article
shall, within 60 days after seizure, notify the State's
Attorney for the county, either where an act or omission giving
rise to the forfeiture occurred or where the property was
seized, of the seizure of the property and the facts and
circumstances giving rise to the seizure and shall provide the
State's Attorney with the inventory of the property and its
estimated value. If the property seized for forfeiture is a
vehicle, the law enforcement agency seizing the property shall
immediately notify the Secretary of State that forfeiture
proceedings are pending regarding the vehicle. This notice
shall be by Form 4-64.
 
    (720 ILCS 5/29B-9 new)
    Sec. 29B-9. Preliminary review.
    (a) Within 28 days of the seizure, the State shall seek a
preliminary determination from the circuit court as to whether
there is probable cause that the property may be subject to
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding
conducted under this Section.
    (c) The court may conduct the review under subsection (a)
of this Section simultaneously with a proceeding under Section
109-1 of the Code of Criminal Procedure of 1963 for a related
criminal offense if a prosecution is commenced by information
or complaint.
    (d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a) of this Section.
    (e) Upon a finding of probable cause as required under this
Section, the circuit court shall order the property subject to
the applicable forfeiture Act held until the conclusion of any
forfeiture proceeding.
 
    (720 ILCS 5/29B-10 new)
    Sec. 29B-10. Notice to owner or interest holder.
    (a) The first attempted service of notice shall be
commenced within 28 days of the latter of filing of the
verified claim or the receipt of the notice from the seizing
agency by Form 4-64. A complaint for forfeiture or a notice of
pending forfeiture shall be served on a claimant if the owner's
or interest holder's name and current address are known, then
by either: (1) personal service; or (2) mailing a copy of the
notice by certified mail, return receipt requested, and first
class mail to that address.
    (b) If no signed return receipt is received by the State's
Attorney within 28 days of mailing or no communication from the
owner or interest holder is received by the State's Attorney
documenting actual notice by the parties, the State's Attorney
shall, within a reasonable period of time, mail a second copy
of the notice by certified mail, return receipt requested, and
first class mail to that address. If no signed return receipt
is received by the State's Attorney within 28 days of the
second mailing, or no communication from the owner or interest
holder is received by the State's Attorney documenting actual
notice by the parties, the State's Attorney shall have 60 days
to attempt to serve the notice by personal service, including
substitute service by leaving a copy at the usual place of
abode with some person of the family or a person residing
there, of the age of 13 years or upwards. If, after 3 attempts
at service in this manner, no service of the notice is
accomplished, the notice shall be posted in a conspicuous
manner at the address and service shall be made by the posting.
The attempts at service and the posting if required, shall be
documented by the person attempting service which shall be made
part of a return of service returned to the State's Attorney.
The State's Attorney may utilize any Sheriff or Deputy Sheriff,
a peace officer, a private process server or investigator, or
an employee, agent, or investigator of the State's Attorney's
Office to attempt service without seeking leave of court.
    (c) After the procedures listed are followed, service shall
be effective on the owner or interest holder on the date of
receipt by the State's Attorney of a return receipt, or on the
date of receipt of a communication from an owner or interest
holder documenting actual notice, whichever is first in time,
or on the date of the last act performed by the State's
Attorney in attempting personal service. For purposes of notice
under this Section, if a person has been arrested for the
conduct giving rise to the forfeiture, the address provided to
the arresting agency at the time of arrest shall be deemed to
be that person's known address. Provided, however, if an owner
or interest holder's address changes prior to the effective
date of the notice of pending forfeiture, the owner or interest
holder shall promptly notify the seizing agency of the change
in address or, if the owner or interest holder's address
changes subsequent to the effective date of the notice of
pending forfeiture, the owner or interest holder shall promptly
notify the State's Attorney of the change in address. If the
property seized is a conveyance, notice shall also be directed
to the address reflected in the office of the agency or
official in which title to or interest in the conveyance is
required by law to be recorded.
    (d) If the owner's or interest holder's address is not
known, and is not on record as provided in this Section,
service by publication for 3 successive weeks in a newspaper of
general circulation in the county in which the seizure occurred
shall suffice for service requirements.
    (e) Notice to any business entity, corporation, limited
liability company, limited liability partnership, or
partnership shall be completed by a single mailing of a copy of
the notice by certified mail, return receipt requested, and
first class mail to that address. This notice is complete
regardless of the return of a signed return receipt.
    (f) Notice to a person whose address is not within the
State shall be completed by a single mailing of a copy of the
notice by certified mail, return receipt requested, and first
class mail to that address. This notice is complete regardless
of the return of a signed return receipt.
    (g) Notice to a person whose address is not within the
United States shall be completed by a single mailing of a copy
of the notice by certified mail, return receipt requested, and
first class mail to that address. This notice is complete
regardless of the return of a signed return receipt. If
certified mail is not available in the foreign country where
the person has an address, notice shall proceed by publication
requirements under subsection (d) of this Section.
    (h) A person whom the State's Attorney reasonably should
know is incarcerated within this State, shall also include,
mailing a copy of the notice by certified mail, return receipt
requested, and first class mail to the address of the detention
facility with the inmate's name clearly marked on the envelope.
    (i) After a claimant files a verified claim with the
State's Attorney and provides an address at which the claimant
will accept service, the complaint shall be served and notice
shall be complete upon the mailing of the complaint to the
claimant at the address the claimant provided via certified
mail, return receipt requested, and first class mail. No return
receipt need be received, or any other attempts at service need
be made to comply with service and notice requirements under
this Section. This certified mailing, return receipt
requested, shall be proof of service of the complaint on the
claimant. If notice is to be shown by actual notice from
communication with a claimant, then the State's Attorney shall
file an affidavit as proof of service, providing details of the
communication, which shall be accepted as proof of service by
the court.
    (j) If the property seized is a conveyance, to the address
reflected in the office of the agency or official in which
title to or interest in the conveyance is required by law to be
recorded, then by mailing a copy of the notice by certified
mail, return receipt requested, to that address.
    (k) Notice served under this Article is effective upon
personal service, the last date of publication, or the mailing
of written notice, whichever is earlier.
 
    (720 ILCS 5/29B-11 new)
    Sec. 29B-11. Replevin prohibited. Property taken or
detained under this Article shall not be subject to replevin,
but is deemed to be in the custody of the Director 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 under this Article.
 
    (720 ILCS 5/29B-12 new)
    Sec. 29B-12. Non-judicial forfeiture. If non-real
property that exceeds $20,000 in value excluding the value of
any conveyance, or if real property is seized under the
provisions of this Article, the State's Attorney shall
institute judicial in rem forfeiture proceedings as described
in Section 29B-13 of this Article within 28 days from receipt
of notice of seizure from the seizing agency under Section
29B-8 of this Article. However, if non-real property that does
not exceed $20,000 in value excluding the value of any
conveyance is seized, the following procedure shall be used:
    (1) 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 after 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 29B-10 of this Article.
    (2) The notice of pending forfeiture shall 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.
    (3)(A) Any person claiming an interest in property that is
the subject of notice under paragraph (1) of this Section,
must, in order to preserve any rights or claims to the
property, within 45 days after the effective date of notice as
described in Section 29B-10 of this Article, file a verified
claim with the State's Attorney expressing his or her interest
in the property. The claim shall 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 accept
    mail;
        (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 assertion;
    and
        (viii) the relief sought.
    (B) If a claimant files the claim, then the State's
Attorney shall institute judicial in rem forfeiture
proceedings with the clerk of the court as described in Section
29B-13 of this Article within 28 days after receipt of the
claim.
    (4) If no claim is filed within the 28-day period as
described in paragraph (3) 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 State Police of the declaration of
forfeiture and the Director shall dispose of the property in
accordance with law.
 
    (720 ILCS 5/29B-13 new)
    Sec. 29B-13. Judicial in rem procedures. If property seized
under this Article is non-real property that exceeds $20,000 in
value excluding the value of any conveyance, or is real
property, or a claimant has filed a claim under paragraph (3)
of Section 29B-12 of this Article, the following judicial in
rem procedures shall apply:
    (1) If, after a 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 by the seizing agency or the
filing of the claim, whichever is later, the State's Attorney
shall institute judicial forfeiture proceedings by filing a
verified complaint for forfeiture. If authorized by law, a
forfeiture shall be ordered by a court on an action in rem
brought by a State's Attorney under a verified complaint for
forfeiture.
    (2) A complaint of forfeiture shall include:
        (A) a description of the property seized;
        (B) the date and place of seizure of the property;
        (C) the name and address of the law enforcement agency
    making the seizure; and
        (D) the specific statutory and factual grounds for the
    seizure.
    (3) The complaint shall be served upon the person from whom
the property was seized and all persons known or reasonably
believed by the State to claim an interest in the property, as
provided in Section 29B-10 of this Article. The complaint shall
be accompanied by the following written notice:
    "This is a civil court proceeding subject to the Code of
Civil Procedure. You received this Complaint of Forfeiture
because the State's Attorney's office has brought a legal
action seeking forfeiture of your seized property. This
complaint starts the court process where the State seeks to
prove that your property should be forfeited and not returned
to you. This process is also your opportunity to try to prove
to a judge that you should get your property back. The
complaint lists the date, time, and location of your first
court date. You must appear in court on that day, or you may
lose the case automatically. You must also file an appearance
and answer. If you are unable to pay the appearance fee, you
may qualify to have the fee waived. If there is a criminal case
related to the seizure of your property, your case may be set
for trial after the criminal case has been resolved. Before
trial, the judge may allow discovery, where the State can ask
you to respond in writing to questions and give them certain
documents, and you can make similar requests of the State. The
trial is your opportunity to explain what happened when your
property was seized and why you should get the property back."
    (4) Forfeiture proceedings under this Article shall be
subject to the Code of Civil Procedure and the rules of
evidence relating to civil actions shall apply to proceedings
under this Article with the following exception. The parties
shall be allowed to use, and the court shall receive and
consider, all relevant hearsay evidence that relates to
evidentiary foundation, chain of custody, business records,
recordings, laboratory analysis, laboratory reports, and
relevant hearsay related to the use of technology in the
investigation that resulted in the seizure of property that is
subject to the forfeiture action.
    (5) Only an owner of or interest holder in the property may
file an answer asserting a claim against the property in the
action in rem. For purposes of this Section, the owner or
interest holder shall be referred to as claimant. Upon motion
of the State, the court shall first hold a hearing, in which a
claimant shall establish by a preponderance of the evidence,
that he or she has a lawful, legitimate ownership interest in
the property and that it was obtained through a lawful source.
    (6) The answer must be signed by the owner or interest
holder under penalty of perjury and shall set forth:
        (A) the caption of the proceedings as set forth on the
    notice of pending forfeiture and the name of the claimant;
        (B) the address at which the claimant will accept mail;
        (C) the nature and extent of the claimant's interest in
    the property;
        (D) the date, identity of transferor, and
    circumstances of the claimant's acquisition of the
    interest in the property;
        (E) the names and addresses of all other persons known
    to have an interest in the property;
        (F) all essential facts supporting each assertion;
        (G) the precise relief sought;
        (H) in a forfeiture action involving currency or its
    equivalent, a claimant shall provide the State with notice
    of his or her intent to allege that the currency or its
    equivalent is not related to the alleged factual basis for
    the forfeiture, and why; and
        (I) the answer shall follow the rules under the Code of
    Civil Procedure.
    (7) The answer shall be filed with the court within 45 days
after service of the civil in rem complaint.
    (8) The hearing shall be held within 60 days after filing
of the answer unless continued for good cause.
    (9) At the judicial in rem proceeding, in the State's case
in chief, the State shall show by a preponderance of the
evidence that the property is subject to forfeiture. If the
State makes such a showing, the claimant shall have the burden
of production to set forth evidence that the property is not
related to the alleged factual basis of the forfeiture. After
this production of evidence, the State shall maintain the
burden of proof to overcome this assertion. A claimant shall
provide the State notice of its intent to allege that the
currency or its equivalent is not related to the alleged
factual basis of the forfeiture and why. As to conveyances, at
the judicial in rem proceeding, in its case in chief, the State
shall show by a preponderance of the evidence, that (A) the
property is subject to forfeiture; and (B) at least one of the
following:
        (i) that the claimant was legally accountable for the
    conduct giving rise to the forfeiture;
        (ii) that the claimant knew or reasonably should have
    known of the conduct giving rise to the forfeiture;
        (iii) that the claimant knew or reasonably should have
    known that the conduct giving rise to the forfeiture was
    likely to occur;
        (iv) that the claimant held the property for the
    benefit of, or as nominee for, any person whose conduct
    gave rise to its forfeiture;
        (v) that if the claimant acquired the interest through
    any person engaging in any of the conduct described above
    or conduct giving rise to the forfeiture:
            (a) the claimant did not acquire it as a bona fide
        purchaser for value; or
            (b) the claimant acquired the interest under the
        circumstances that the claimant reasonably should have
        known the property was derived from, or used in, the
        conduct giving rise to the forfeiture; or
        (vi) that the claimant is not the true owner of the
    property that is subject to forfeiture.
    (10) If the State does not meet its burden to show that the
property is subject to forfeiture, the court shall order the
interest in the property returned or conveyed to the claimant
and shall order all other property forfeited to the State. If
the State does meet its burden to show that the property is
subject to forfeiture, the court shall order all property
forfeited to the State.
    (11) 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.
    (12) On a motion by the parties, the court may stay civil
forfeiture proceedings during the criminal trial for a related
criminal indictment or information alleging a money laundering
violation. Such a stay shall not be available pending an
appeal. Property subject to forfeiture under this Article shall
not be subject to return or release by a court exercising
jurisdiction over a criminal case involving the seizure of the
property unless the return or release is consented to by the
State's Attorney.
 
    (720 ILCS 5/29B-14 new)
    Sec. 29B-14. Innocent owner hearing.
    (a) After a complaint for forfeiture has been filed and all
claimants have appeared and answered, a claimant may file a
motion with the court for an innocent owner hearing prior to
trial. This motion shall be made and supported by sworn
affidavit and shall assert the following along with specific
facts that support each assertion:
        (1) that the claimant filing the motion is the true
    owner of the conveyance as interpreted by case law;
        (2) that the claimant was not legally accountable for
    the conduct giving rise to the forfeiture or acquiesced in
    the conduct;
        (3) that the claimant did not solicit, conspire, or
    attempt to commit the conduct giving rise to the
    forfeiture;
        (4) that the claimant did not know or did not have
    reason to know that the conduct giving rise to the
    forfeiture was likely to occur; and
        (5) that the claimant did not hold the property for the
    benefit of, or as nominee for any person whose conduct gave
    rise to its forfeiture or if the owner or interest holder
    acquired the interest through any person, the owner or
    interest holder did not acquire it as a bona fide purchaser
    for value or acquired the interest without knowledge of the
    seizure of the property for forfeiture.
    (b) The claimant's motion shall include specific facts
supporting these assertions.
    (c) Upon this filing, a hearing may only be conducted after
the parties have been given the opportunity to conduct limited
discovery as to the ownership and control of the property, the
claimant's knowledge, or any matter relevant to the issues
raised or facts alleged in the claimant's motion. Discovery
shall be limited to the People's requests in these areas but
may proceed by any means allowed in the Code of Civil
Procedure.
        (1) After discovery is complete and the court has
    allowed for sufficient time to review and investigate the
    discovery responses, the court shall conduct a hearing. At
    the hearing, the fact that the conveyance is subject to
    forfeiture shall not be at issue. The court shall only hear
    evidence relating to the issue of innocent ownership.
        (2) At the hearing on the motion, it shall be the
    burden of the claimant to prove each of the assertions
    listed in subsection (a) of this Section by a preponderance
    of the evidence.
        (3) If a claimant meets his or her burden of proof, the
    court shall grant the motion and order the property
    returned to the claimant. If the claimant fails to meet his
    or her burden of proof, then the court shall deny the
    motion and the forfeiture case shall proceed according to
    the Code of Civil Procedure.
 
    (720 ILCS 5/29B-15 new)
    Sec. 29B-15. Burden and commencement of forfeiture action.
    (a) Notwithstanding any other provision of this Article,
the State's burden of proof at the trial of the forfeiture
action shall be by clear and convincing evidence if:
        (1) a finding of not guilty is entered as to all counts
    and all defendants in a criminal proceeding relating to the
    conduct giving rise to the forfeiture action; or
        (2) the State receives an adverse finding at a
    preliminary hearing and fails to secure an indictment in a
    criminal proceeding relating to the factual allegations of
    the forfeiture action.
    (b) All property declared forfeited under this Article
vests in the State on the commission of the conduct giving rise
to forfeiture together with the proceeds of the property after
that time. Except as otherwise provided in this Article, title
to any property or proceeds subject to forfeiture subsequently
transferred to any person remain subject to forfeiture and
thereafter shall be ordered forfeited unless the person to whom
the property was transferred makes an appropriate claim and has
his or her claim adjudicated at the judicial in rem hearing.
    (c) A civil action under this Article shall be commenced
within 5 years after the last conduct giving rise to forfeiture
became known or should have become known or 5 years after the
forfeitable property is discovered, whichever is later,
excluding any time during which either the property or claimant
is out of the State or in confinement or during which criminal
proceedings relating to the same conduct are in progress.
 
    (720 ILCS 5/29B-16 new)
    Sec. 29B-16. Joint tenancy or tenancy in common. If
property is ordered forfeited under this Section from a
claimant who held title to the property in joint tenancy or
tenancy in common with another claimant, the court shall
determine the amount of each owner's interest in the property
according to principles of property law.
 
    (720 ILCS 5/29B-17 new)
    Sec. 29B-17. Exception for bona fide purchasers. No
property shall be forfeited under this Article from a person
who, without actual or constructive notice that the property
was the subject of forfeiture proceedings, obtained possession
of the property as a bona fide purchaser for value. A person
who purports to affect transfer of property after receiving
actual or constructive notice that the property is subject to
seizure or forfeiture is guilty of contempt of court, and shall
be liable to the State for a penalty in the amount of the fair
market value of the property.
 
    (720 ILCS 5/29B-18 new)
    Sec. 29B-18. Proportionality. Property that is forfeited
shall be subject to an 8th Amendment to the United States
Constitution disproportionate penalties analysis and the
property forfeiture may be denied in whole or in part if the
court finds that the forfeiture would constitute an excessive
fine in violation of the 8th Amendment as interpreted by case
law.
 
    (720 ILCS 5/29B-19 new)
    Sec. 29B-19. Stay of time periods. If property is seized
for evidence and for forfeiture, the time periods for
instituting judicial and non-judicial forfeiture proceedings
shall not begin until the property is no longer necessary for
evidence.
 
    (720 ILCS 5/29B-20 new)
    Sec. 29B-20. Settlement of claims. Notwithstanding other
provisions of this Article, the State's Attorney and a claimant
of seized property may enter into an agreed-upon settlement
concerning the seized property in such an amount and upon such
terms as are set out in writing in a settlement agreement. All
proceeds from a settlement agreement shall be tendered to the
Department of State Police and distributed under Section 29B-26
of this Article.
 
    (720 ILCS 5/29B-21 new)
    Sec. 29B-21. Attorney's fees. Nothing in this Article
applies to property that constitutes reasonable bona fide
attorney's fees paid to an attorney for services rendered or to
be rendered in the forfeiture proceeding or criminal proceeding
relating directly thereto if the property was paid before its
seizure, before the issuance of any seizure warrant or court
order prohibiting transfer of the property and if the attorney,
at the time he or she received the property did not know that
it was property subject to forfeiture under this Article.
 
    (720 ILCS 5/29B-22 new)
    Sec. 29B-22. Construction.
    (a) It is the intent of the General Assembly that the
forfeiture provisions of this Article be liberally construed so
as to effect their remedial purpose. The forfeiture of property
and other remedies under this Article shall be considered to be
in addition to, and not exclusive of, any sentence or other
remedy provided by law.
    (b) The changes made to this Article by Public Act 100-0512
and this amendatory Act of the 100th General Assembly are
subject to Section 2 of the Statute on Statutes.
 
    (720 ILCS 5/29B-23 new)
    Sec. 29B-23. Judicial review. If property has been declared
forfeited under Section 29B-12 of this Article, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim as described in
paragraph (3) of Section 29B-12 of this Article. If a claim is
filed under this Section, then the procedures described in
Section of 29B-13 of this Article apply.
 
    (720 ILCS 5/29B-24 new)
    Sec. 29B-24. Review of administrative decisions. All
administrative findings, rulings, final determinations,
findings, and conclusions of the State's Attorney's Office
under this Article are final and conclusive decisions of the
matters involved. Any person aggrieved by the decision may
obtain review of the decision under the provisions of the
Administrative Review Law and the rules adopted under that Law.
Pending final decision on such review, the administrative acts,
orders, and rulings of the State's Attorney's Office remain in
full force and effect unless modified or suspended by order of
court pending final judicial decision. Pending final decision
on such review, the acts, orders, and rulings of the State's
Attorney's Office remain in full force and effect, unless
stayed by order of court. However, no stay of any decision of
the administrative agency shall issue unless the person
aggrieved by the decision establishes by a preponderance of the
evidence that good cause exists for the stay. In determining
good cause, the court shall find that the aggrieved party has
established a substantial likelihood of prevailing on the
merits and that granting the stay will not have an injurious
effect on the general public.
 
    (720 ILCS 5/29B-25 new)
    Sec. 29B-25. Return of property, damages, and costs.
    (a) The law enforcement agency that holds custody of
property seized for forfeiture shall deliver property ordered
by the court to be returned or conveyed to the claimant within
a reasonable time not to exceed 7 days, unless the order is
stayed by the trial court or a reviewing court pending an
appeal, motion to reconsider, or other reason.
    (b) The law enforcement agency that holds custody of
property is responsible for any damages, storage fees, and
related costs applicable to property returned. The claimant
shall not be subject to any charges by the State for storage of
the property or expenses incurred in the preservation of the
property. Charges for the towing of a conveyance shall be borne
by the claimant unless the conveyance was towed for the sole
reason of seizure for forfeiture. This Section does not
prohibit the imposition of any fees or costs by a home rule
unit of local government related to the impoundment of a
conveyance under an ordinance enacted by the unit of
government.
    (c) A law enforcement agency shall not retain forfeited
property for its own use or transfer the property to any person
or entity, except as provided under this Section. A law
enforcement agency may apply in writing to the Director of
State Police to request that forfeited property be awarded to
the agency for a specifically articulated official law
enforcement use in an investigation. The Director shall provide
a written justification in each instance detailing the reasons
why the forfeited property was placed into official use and the
justification shall be retained for a period of not less than 3
years.
    (d) A claimant or a party interested in personal property
contained within a seized conveyance may file a request with
the State's Attorney in a non-judicial forfeiture action, or a
motion with the court in a judicial forfeiture action for the
return of any personal property contained within a conveyance
that is seized under this Article. The return of personal
property shall not be unreasonably withheld if the personal
property is not mechanically or electrically coupled to the
conveyance, needed for evidentiary purposes, or otherwise
contraband. Any law enforcement agency that returns property
under a court order under this Section shall not be liable to
any person who claims ownership to the property if it is
returned to an improper party.
 
    (720 ILCS 5/29B-26 new)
    Sec. 29B-26. Distribution of proceeds.
    All monies and the sale proceeds of all other property
forfeited and seized under this Article shall be distributed as
follows:
        (1) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State law
    enforcement agency or agencies that conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws. In
    counties over 3,000,000 population, 25% shall be
    distributed to the Office of the State's Attorney for use
    in the enforcement of laws. If the prosecution is
    undertaken solely by the Attorney General, the portion
    provided under this subparagraph (i) shall be distributed
    to the Attorney General for use in the enforcement of laws.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that office to be
    used for additional expenses incurred in the
    investigation, prosecution, and appeal of cases arising
    under laws. The Office of the State's Attorneys Appellate
    Prosecutor shall not receive distribution from cases
    brought in counties with over 3,000,000 population.
    (3) 10% shall be retained by the Department of State Police
for expenses related to the administration and sale of seized
and forfeited property.
    Moneys and the sale proceeds distributed to the Department
of State Police under this Article shall be deposited in the
Money Laundering Asset Recovery Fund created in the State
treasury and shall be used by the Department of State Police
for State law enforcement purposes. All moneys and sale
proceeds of property forfeited and seized under this Article
and distributed according to this Section may also be used to
purchase opioid antagonists as defined in Section 5-23 of the
Alcoholism and Other Drug Abuse and Dependency Act.
 
    (720 ILCS 5/29B-27 new)
    Sec. 29B-27. Applicability; savings clause.
    (a) The changes made to this Article by Public Act 100-0512
and this amendatory Act of the 100th General Assembly only
apply to property seized on and after July 1, 2018.
    (b) The changes made to this Article by this amendatory Act
of the 100th General Assembly are subject to Section 4 of the
Statute on Statutes.
 
    (720 ILCS 5/33G-6)
    (Text of Section before amendment by P.A. 100-512)
    (Section scheduled to be repealed on June 11, 2022)
    Sec. 33G-6. Remedial proceedings, procedures, and
forfeiture. Under this Article:
    (a) The circuit court shall have jurisdiction to prevent
and restrain violations of this Article by issuing appropriate
orders, including:
        (1) ordering any person to disgorge illicit proceeds
    obtained by a violation of this Article or divest himself
    or herself of any interest, direct or indirect, in any
    enterprise or real or personal property of any character,
    including money, obtained, directly or indirectly, by a
    violation of this Article;
        (2) imposing reasonable restrictions on the future
    activities or investments of any person or enterprise,
    including prohibiting any person or enterprise from
    engaging in the same type of endeavor as the person or
    enterprise engaged in, that violated this Article; or
        (3) ordering dissolution or reorganization of any
    enterprise, making due provision for the rights of innocent
    persons.
    (b) Any violation of this Article is subject to the
remedies, procedures, and forfeiture as set forth in
subsections (f) through (s) of Section 29B-1 of this Code.
(Source: P.A. 97-686, eff. 6-11-12.)
 
    (Text of Section after amendment by P.A. 100-512)
    (Section scheduled to be repealed on June 11, 2022)
    Sec. 33G-6. Remedial proceedings, procedures, and
forfeiture. Under this Article:
    (a) The circuit court shall have jurisdiction to prevent
and restrain violations of this Article by issuing appropriate
orders, including:
        (1) ordering any person to disgorge illicit proceeds
    obtained by a violation of this Article or divest himself
    or herself of any interest, direct or indirect, in any
    enterprise or real or personal property of any character,
    including money, obtained, directly or indirectly, by a
    violation of this Article;
        (2) imposing reasonable restrictions on the future
    activities or investments of any person or enterprise,
    including prohibiting any person or enterprise from
    engaging in the same type of endeavor as the person or
    enterprise engaged in, that violated this Article; or
        (3) ordering dissolution or reorganization of any
    enterprise, making due provision for the rights of innocent
    persons.
    (b) Any violation of this Article is subject to the
remedies, procedures, and forfeiture as set forth in Article
29B subsections (f) through (s) of Section 29B-1 of this Code.
    (c) Property seized or forfeited under this Article is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-1.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-1.1. Seizure.
    (a) Any property subject to forfeiture under this Article
may be seized and impounded by the Director of State Police or
any peace officer upon process or seizure warrant issued by any
court having jurisdiction over the property.
    (b) Any property subject to forfeiture under this Article
may be seized and impounded by the Director of State Police or
any peace officer without process if there is probable cause to
believe that the property is subject to forfeiture under
Section 36-1 of this Article and the property is seized under
circumstances in which a warrantless seizure or arrest would be
reasonable.
    (c) If the seized property is a conveyance, an
investigation shall be made by the law enforcement agency as to
any person whose right, title, interest, or lien is of record
in the office of the agency or official in which title to or
interest in to the conveyance is required by law to be
recorded.
    (d) After seizure under this Section, notice shall be given
to all known interest holders that forfeiture proceedings,
including a preliminary review, may be instituted and the
proceedings may be instituted under this Article.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-1.3)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-1.3. Safekeeping of seized property pending
disposition.
    (a) Property seized under this Article is deemed to be in
the custody of the Director of 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 under this Article.
    (b) If property is seized under this Article, the seizing
agency shall promptly conduct an inventory of the seized
property and estimate the property's value, and shall forward a
copy of the inventory of seized property and the estimate of
the property's value to the Director of State Police. Upon
receiving notice of seizure, the Director of State Police may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    Director of State Police;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping; or
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    seizing agency.
    (c) The seizing agency shall exercise ordinary care to
protect the subject of the forfeiture from negligent loss,
damage, or destruction.
    (d) Property seized or forfeited under this Article is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-1.4)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-1.4. Notice to State's Attorney. The law
enforcement agency seizing property for forfeiture under this
Article shall, as soon as practicable but not later than 28
days after the seizure, notify the State's Attorney for the
county in which an act or omission giving rise to the seizure
occurred or in which the property was seized and the facts and
circumstances giving rise to the seizure, and shall provide the
State's Attorney with the inventory of the property and its
estimated value. The notice shall be by the delivery of
Illinois State Police Notice/Inventory of Seized Property
(Form 4-64) the form 4-64. If the property seized for
forfeiture is a vehicle, the law enforcement agency seizing the
property shall immediately notify the Secretary of State that
forfeiture proceedings are pending regarding the vehicle.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-1.5)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 36-1.5. Preliminary review.
    (a) Within 14 days of the seizure, the State's Attorney in
the county in which the seizure occurred shall seek a
preliminary determination from the circuit court as to whether
there is probable cause that the property may be subject to
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding
conducted under this Section.
    (c) The court may conduct the review under subsection (a)
simultaneously with a proceeding pursuant to Section 109-1 of
the Code of Criminal Procedure of 1963 for a related criminal
offense if a prosecution is commenced by information or
complaint.
    (d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a).
    (e) Upon making a finding of probable cause as required
under this Section, the circuit court shall order the property
subject to the provisions of the applicable forfeiture Act held
until the conclusion of any forfeiture proceeding.
    For seizures of conveyances, within 7 days of a finding of
probable cause under subsection (a), the registered owner or
other claimant may file a motion in writing supported by sworn
affidavits claiming that denial of the use of the conveyance
during the pendency of the forfeiture proceedings creates a
substantial hardship. The court shall consider the following
factors in determining whether a substantial hardship has been
proven:
        (1) the nature of the claimed hardship;
        (2) the availability of public transportation or other
    available means of transportation; and
        (3) any available alternatives to alleviate the
    hardship other than the return of the seized conveyance.
    If the court determines that a substantial hardship has
been proven, the court shall then balance the nature of the
hardship against the State's interest in safeguarding the
conveyance. If the court determines that the hardship outweighs
the State's interest in safeguarding the conveyance, the court
may temporarily release the conveyance to the registered owner
or the registered owner's authorized designee, or both, until
the conclusion of the forfeiture proceedings or for such
shorter period as ordered by the court provided that the person
to whom the conveyance is released provides proof of insurance
and a valid driver's license and all State and local
registrations for operation of the conveyance are current. The
court shall place conditions on the conveyance limiting its use
to the stated hardship and restricting the conveyance's use to
only those individuals authorized to use the conveyance by the
registered owner. The court shall revoke the order releasing
the conveyance and order that the conveyance be reseized by law
enforcement if the conditions of release are violated or if the
conveyance is used in the commission of any offense identified
in subsection (a) of Section 6-205 of the Illinois Vehicle
Code.
    If the court orders the release of the conveyance during
the pendency of the forfeiture proceedings, the registered
owner or his or her authorized designee shall post a cash
security with the Clerk of the Court as ordered by the court.
The court shall consider the following factors in determining
the amount of the cash security:
        (A) the full market value of the conveyance;
        (B) the nature of the hardship;
        (C) the extent and length of the usage of the
    conveyance; and
        (D) such other conditions as the court deems necessary
    to safeguard the conveyance.
    If the conveyance is released, the court shall order that
the registered owner or his or her designee safeguard the
conveyance, not remove the conveyance from the jurisdiction,
not conceal, destroy, or otherwise dispose of the conveyance,
not encumber the conveyance, and not diminish the value of the
conveyance in any way. The court shall also make a
determination of the full market value of the conveyance prior
to it being released based on a source or sources defined in 50
Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
    If the conveyance subject to forfeiture is released under
this Section and is subsequently forfeited, the person to whom
the conveyance was released shall return the conveyance to the
law enforcement agency that seized the conveyance within 7 days
from the date of the declaration of forfeiture or order of
forfeiture. If the conveyance is not returned within 7 days,
the cash security shall be forfeited in the same manner as the
conveyance subject to forfeiture. If the cash security was less
than the full market value, a judgment shall be entered against
the parties to whom the conveyance was released and the
registered owner, jointly and severally, for the difference
between the full market value and the amount of the cash
security. If the conveyance is returned in a condition other
than the condition in which it was released, the cash security
shall be returned to the surety who posted the security minus
the amount of the diminished value, and that amount shall be
forfeited in the same manner as the conveyance subject to
forfeiture. Additionally, the court may enter an order allowing
any law enforcement agency in the State of Illinois to seize
the conveyance wherever it may be found in the State to satisfy
the judgment if the cash security was less than the full market
value of the conveyance.
(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;
98-1020, eff. 8-22-14.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 36-1.5. Preliminary review.
    (a) Within 14 days of the seizure, the State's Attorney of
in the county in which the seizure occurred shall seek a
preliminary determination from the circuit court as to whether
there is probable cause that the property may be subject to
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding
conducted under this Section.
    (c) The court may conduct the review under subsection (a)
of this Section simultaneously with a proceeding under pursuant
to Section 109-1 of the Code of Criminal Procedure of 1963 for
a related criminal offense if a prosecution is commenced by
information or complaint.
    (d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a) of ths Section.
    (e) Upon making a finding of probable cause as required
under this Section, the circuit court shall order the property
subject to the provisions of the applicable forfeiture Act held
until the conclusion of any forfeiture proceeding.
    For seizures of conveyances, within 28 days of a finding of
probable cause under subsection (a) of this Section, the
registered owner or other claimant may file a motion in writing
supported by sworn affidavits claiming that denial of the use
of the conveyance during the pendency of the forfeiture
proceedings creates a substantial hardship and alleges facts
showing that the hardship delay was not due to his or her
culpable negligence. The court shall consider the following
factors in determining whether a substantial hardship has been
proven:
        (1) the nature of the claimed hardship;
        (2) the availability of public transportation or other
    available means of transportation; and
        (3) any available alternatives to alleviate the
    hardship other than the return of the seized conveyance.
    If the court determines that a substantial hardship has
been proven, the court shall then balance the nature of the
hardship against the State's interest in safeguarding the
conveyance. If the court determines that the hardship outweighs
the State's interest in safeguarding the conveyance, the court
may temporarily release the conveyance to the registered owner
or the registered owner's authorized designee, or both, until
the conclusion of the forfeiture proceedings or for such
shorter period as ordered by the court provided that the person
to whom the conveyance is released provides proof of insurance
and a valid driver's license and all State and local
registrations for operation of the conveyance are current. The
court shall place conditions on the conveyance limiting its use
to the stated hardship and providing transportation for
employment, religious purposes, medical needs, child care, and
restricting the conveyance's use to only those individuals
authorized to use the conveyance by the registered owner. The
use of the vehicle shall be further restricted to exclude all
recreational and entertainment purposes. The court may order
additional restrictions it deems reasonable and just on its own
motion or on motion of the People. The court shall revoke the
order releasing the conveyance and order that the conveyance be
reseized by law enforcement if the conditions of release are
violated or if the conveyance is used in the commission of any
offense identified in subsection (a) of Section 6-205 of the
Illinois Vehicle Code.
    If the court orders the release of the conveyance during
the pendency of the forfeiture proceedings, the court may order
the registered owner or his or her authorized designee to post
a cash security with the clerk Clerk of the court Court as
ordered by the court. If cash security is ordered, the court
shall consider the following factors in determining the amount
of the cash security:
        (A) the full market value of the conveyance;
        (B) the nature of the hardship;
        (C) the extent and length of the usage of the
    conveyance;
        (D) the ability of the owner or designee to pay; and
        (E) other conditions as the court deems necessary to
    safeguard the conveyance.
    If the conveyance is released, the court shall order that
the registered owner or his or her designee safeguard the
conveyance, not remove the conveyance from the jurisdiction,
not conceal, destroy, or otherwise dispose of the conveyance,
not encumber the conveyance, and not diminish the value of the
conveyance in any way. The court shall also make a
determination of the full market value of the conveyance prior
to it being released based on a source or sources defined in 50
Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
    If the conveyance subject to forfeiture is released under
this Section and is subsequently forfeited, the person to whom
the conveyance was released shall return the conveyance to the
law enforcement agency that seized the conveyance within 7 days
from the date of the declaration of forfeiture or order of
forfeiture. If the conveyance is not returned within 7 days,
the cash security shall be forfeited in the same manner as the
conveyance subject to forfeiture. If the cash security was less
than the full market value, a judgment shall be entered against
the parties to whom the conveyance was released and the
registered owner, jointly and severally, for the difference
between the full market value and the amount of the cash
security. If the conveyance is returned in a condition other
than the condition in which it was released, the cash security
shall be returned to the surety who posted the security minus
the amount of the diminished value, and that amount shall be
forfeited in the same manner as the conveyance subject to
forfeiture. Additionally, the court may enter an order allowing
any law enforcement agency in the State of Illinois to seize
the conveyance wherever it may be found in the State to satisfy
the judgment if the cash security was less than the full market
value of the conveyance.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-2)  (from Ch. 38, par. 36-2)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 36-2. Action for forfeiture.
    (a) The State's Attorney in the county in which such
seizure occurs if he or she finds that the forfeiture was
incurred without willful negligence or without any intention on
the part of the owner of the vessel or watercraft, vehicle or
aircraft or any person whose right, title or interest is of
record as described in Section 36-1, to violate the law, or
finds the existence of such mitigating circumstances as to
justify remission of the forfeiture, may cause the law
enforcement agency to remit the same upon such terms and
conditions as the State's Attorney deems reasonable and just.
The State's Attorney shall exercise his or her discretion under
the foregoing provision of this Section 36-2(a) prior to or
promptly after the preliminary review under Section 36-1.5.
    (b) If the State's Attorney does not cause the forfeiture
to be remitted he or she shall forthwith bring an action for
forfeiture in the Circuit Court within whose jurisdiction the
seizure and confiscation has taken place. The State's Attorney
shall give notice of seizure and the forfeiture proceeding to
each person according to the following method: upon each person
whose right, title, or interest is of record in the office of
the Secretary of State, the Secretary of Transportation, the
Administrator of the Federal Aviation Agency, or any other
department of this State, or any other state of the United
States if the vessel or watercraft, vehicle, or aircraft is
required to be so registered, as the case may be, by delivering
the notice and complaint in open court or by certified mail to
the address as given upon the records of the Secretary of
State, the Division of Aeronautics of the Department of
Transportation, the Capital Development Board, or any other
department of this State or the United States if the vessel or
watercraft, vehicle, or aircraft is required to be so
registered.
    (c) The owner of the seized vessel or watercraft, vehicle,
or aircraft or any person whose right, title, or interest is of
record as described in Section 36-1, may within 20 days after
delivery in open court or the mailing of such notice file a
verified answer to the Complaint and may appear at the hearing
on the action for forfeiture.
    (d) The State shall show at such hearing by a preponderance
of the evidence, that such vessel or watercraft, vehicle, or
aircraft was used in the commission of an offense described in
Section 36-1.
    (e) The owner of such vessel or watercraft, vehicle, or
aircraft or any person whose right, title, or interest is of
record as described in Section 36-1, may show by a
preponderance of the evidence that he did not know, and did not
have reason to know, that the vessel or watercraft, vehicle, or
aircraft was to be used in the commission of such an offense or
that any of the exceptions set forth in Section 36-3 are
applicable.
    (f) Unless the State shall make such showing, the Court
shall order such vessel or watercraft, vehicle, or aircraft
released to the owner. Where the State has made such showing,
the Court may order the vessel or watercraft, vehicle, or
aircraft destroyed or may order it forfeited to any local,
municipal or county law enforcement agency, or the Department
of State Police or the Department of Revenue of the State of
Illinois.
    (g) A copy of the order shall be filed with the law
enforcement agency, and with each Federal or State office or
agency with which such vessel or watercraft, vehicle, or
aircraft is required to be registered. Such order, when filed,
constitutes authority for the issuance of clear title to such
vessel or watercraft, vehicle, or aircraft, to the department
or agency to whom it is delivered or any purchaser thereof. The
law enforcement agency shall comply promptly with instructions
to remit received from the State's Attorney or Attorney General
in accordance with Sections 36-2(a) or 36-3.
    (h) The proceeds of any sale at public auction pursuant to
Section 36-2 of this Act, after payment of all liens and
deduction of the reasonable charges and expenses incurred by
the State's Attorney's Office shall be paid to the law
enforcement agency having seized the vehicle for forfeiture.
(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
99-78, eff. 7-20-15.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 36-2. Complaint for forfeiture.
    (a) If the State's Attorney of in the county in which such
seizure occurs finds that the alleged violation of law giving
rise to the seizure was incurred without willful negligence or
without any intention on the part of the owner of the vessel or
watercraft, vehicle or aircraft or any person whose right,
title or interest is of record as described in Section 36-1 of
this Article, to violate the law, or finds the existence of
such mitigating circumstances as to justify remission of the
forfeiture, he or she may cause the law enforcement agency
having custody of the property to return the property to the
owner within a reasonable time not to exceed 7 days. The
State's Attorney shall exercise his or her discretion under
this subsection (a) prior to or promptly after the preliminary
review under Section 36-1.5.
    (b) 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 and the State's Attorney does not
cause the forfeiture to be remitted under subsection (a) of
this Section, he or she shall forthwith bring an action for
forfeiture in the circuit court Circuit Court within whose
jurisdiction the seizure and confiscation has taken place by
filing a verified complaint for of forfeiture in the circuit
court within whose jurisdiction the seizure occurred, or within
whose jurisdiction an act or omission giving rise to the
seizure occurred, subject to Supreme Court Rule 187. The
complaint shall be filed as soon as practicable but not later
less than 28 days after the State's Attorney receives notice
from the seizing agency as provided a finding of probable cause
at a preliminary review under Section 36-1.4 36-1.5 of this
Article. A complaint of forfeiture shall include:
        (1) a description of the property seized;
        (2) the date and place of seizure of the property;
        (3) the name and address of the law enforcement agency
    making the seizure; and
        (4) the specific statutory and factual grounds for the
    seizure.
    The complaint shall be served upon each person whose right,
title, or interest is of record in the office of the Secretary
of State, the Secretary of Transportation, the Administrator of
the Federal Aviation Agency, or any other department of this
State, or any other state of the United States if the vessel or
watercraft, vehicle, or aircraft is required to be so
registered, as the case may be, the person from whom the
property was seized, and all persons known or reasonably
believed by the State to claim an interest in the property, as
provided in this Article. The complaint shall be accompanied by
the following written notice:
    "This is a civil court proceeding subject to the Code of
Civil Procedure. You received this Complaint of Forfeiture
because the State's Attorney's office has brought a legal
action seeking forfeiture of your seized property. This
complaint starts the court process where the State seeks to
prove that your property should be forfeited and not returned
to you. This process is also your opportunity to try to prove
to a judge that you should get your property back. The
complaint lists the date, time, and location of your first
court date. You must appear in court on that day, or you may
lose the case automatically. You must also file an appearance
and answer. If you are unable to pay the appearance fee, you
may qualify to have the fee waived. If there is a criminal case
related to the seizure of your property, your case may be set
for trial after the criminal case has been resolved. Before
trial, the judge may allow discovery, where the State can ask
you to respond in writing to questions and give them certain
documents, and you can make similar requests of the State. The
trial is your opportunity to explain what happened when your
property was seized and why you should get the property back."
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-2.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-2.1. Notice to owner or interest holder. The first
attempted service of notice shall be commenced within 28 days
of the receipt of the notice from the seizing agency by Form
the form 4-64. If the property seized is a conveyance, notice
shall also be directed to the address reflected in the office
of the agency or official in which title to or interest in to
the conveyance is required by law to be recorded. A complaint
for forfeiture shall be served upon the property owner or
interest holder in the following manner:
        (1) If the owner's or interest holder's name and
    current address are known, then by either:
            (A) personal service; or
            (B) mailing a copy of the notice by certified mail,
        return receipt requested, and first class mail, to that
        address.
                (i) If notice is sent by certified mail and no
            signed return receipt is received by the State's
            Attorney within 28 days of mailing, and no
            communication from the owner or interest holder is
            received by the State's Attorney documenting
            actual notice by said parties, the State's
            Attorney shall, within a reasonable period of
            time, mail a second copy of the notice by certified
            mail, return receipt requested, and first class
            mail, to that address.
                (ii) If no signed return receipt is received by
            the State's Attorney within 28 days of the second
            attempt at service by certified mail, and no
            communication from the owner or interest holder is
            received by the State's Attorney documenting
            actual notice by said parties, the State's
            Attorney shall have 60 days to attempt to serve the
            notice by personal service, which also includes
            substitute service by leaving a copy at the usual
            place of abode, with some person of the family or a
            person residing there, of the age of 13 years or
            upwards. If, after 3 attempts at service in this
            manner, no service of the notice is accomplished,
            then the notice shall be posted in a conspicuous
            manner at this address and service shall be made by
            the posting.
            The attempts at service and the posting if
        required, shall be documented by the person attempting
        service and said documentation shall be made part of a
        return of service returned to the State's Attorney.
            The State's Attorney may utilize a Sheriff or
        Deputy Sheriff, any peace officer, a private process
        server or investigator, or any employee, agent, or
        investigator of the State's Attorney's office to
        attempt service without seeking leave of court.
            After the procedures are followed, service shall
        be effective on an owner or interest holder on the date
        of receipt by the State's Attorney of a returned return
        receipt requested, or on the date of receipt of a
        communication from an owner or interest holder
        documenting actual notice, whichever is first in time,
        or on the date of the last act performed by the State's
        Attorney in attempting personal service under item
        (ii) of this paragraph (1). If notice is to be shown by
        actual notice from communication with a claimant, then
        the State's Attorney shall file an affidavit providing
        details of the communication, which shall be accepted
        as sufficient proof of service by the court.
            For purposes of notice under this Section, if a
        person has been arrested for the conduct giving rise to
        the forfeiture, the address provided to the arresting
        agency at the time of arrest shall be deemed to be that
        person's known address. Provided, however, if an owner
        or interest holder's address changes prior to the
        effective date of the complaint for forfeiture, the
        owner or interest holder shall promptly notify the
        seizing agency of the change in address or, if the
        owner or interest holder's address changes subsequent
        to the effective date of the notice of pending
        forfeiture, the owner or interest holder shall
        promptly notify the State's Attorney of the change in
        address; or if the property seized is a conveyance, to
        the address reflected in the office of the agency or
        official in which title to or interest in to the
        conveyance is required by law to be recorded.
        (2) If the owner's or interest holder's address is not
    known, and is not on record, then notice shall be served by
    publication for 3 successive weeks in a newspaper of
    general circulation in the county in which the seizure
    occurred.
        (3) Notice to any business entity, corporation,
    limited liability company, limited liability partnership
    LLC, LLP, or partnership shall be completed complete by a
    single mailing of a copy of the notice by certified mail,
    return receipt requested, and first class mail, to that
    address. This notice is complete regardless of the return
    of a signed "return receipt requested".
        (4) Notice to a person whose address is not within the
    State shall be completed complete by a single mailing of a
    copy of the notice by certified mail, return receipt
    requested, and first class mail, to that address. This
    notice is complete regardless of the return of a signed
    "return receipt requested".
        (5) Notice to a person whose address is not within the
    United States shall be completed complete by a single
    mailing of a copy of the notice by certified mail, return
    receipt requested, and first class mail, to that address.
    This notice shall be complete regardless of the return of a
    signed "return receipt requested". If certified mail is not
    available in the foreign country where the person has an
    address, then notice shall proceed by publication under
    paragraph (2) of this Section.
        (6) Notice to any person whom the State's Attorney
    reasonably should know is incarcerated within the State
    shall also include the mailing a copy of the notice by
    certified mail, return receipt requested, and first class
    mail, to the address of the detention facility with the
    inmate's name clearly marked on the envelope.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-2.2)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-2.2. Replevin prohibited; return of personal
property inside seized conveyance.
    (a) Property seized under this Article shall not be subject
to replevin, but is deemed to be in the custody of the Director
of 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.
    (b) A claimant or a party interested in personal property
contained within a seized conveyance may file a motion with the
court in a judicial forfeiture action for the return of any
personal property contained within a conveyance seized under
this Article. The return of personal property shall not be
unreasonably withheld if the personal property is not
mechanically or electrically coupled to the conveyance, needed
for evidentiary purposes, or otherwise contraband. A law
enforcement agency that returns property under a court order
under this Section shall not be liable to any person who claims
ownership to the property if the property is returned to an
improper party.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-2.5)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-2.5. Judicial in rem procedures.
    (a) The laws of evidence relating to civil actions shall
apply to judicial in rem proceedings under this Article.
    (b) Only an owner of or interest holder in the property may
file an answer asserting a claim against the property in the
action in rem. For purposes of this Section, the owner or
interest holder shall be referred to as claimant. A person not
named in the forfeiture complaint who claims to have an
interest in the property may petition to intervene as a
claimant under Section 2-408 of the Code of Civil Procedure.
    (c) The answer shall be filed with the court within 45 days
after service of the civil in rem complaint.
    (d) The trial shall be held within 60 days after filing of
the answer unless continued for good cause.
    (e) In its case in chief, the State shall show by a
preponderance of the evidence that:
        (1) the property is subject to forfeiture; and
        (2) at least one of the following:
            (i) the claimant knew or should have known that the
        conduct was likely to occur; or
            (ii) the claimant is not the true owner of the
        property that is subject to forfeiture.
    In any forfeiture case under this Article, a claimant may
present evidence to overcome evidence presented by the State
that the property is subject to forfeiture.
    (f) Notwithstanding any other provision of this Section,
the State's burden of proof at the trial of the forfeiture
action shall be by clear and convincing evidence if:
        (1) a finding of not guilty is entered as to all counts
    and all defendants in a criminal proceeding relating to the
    conduct giving rise to the forfeiture action; or
        (2) the State receives an adverse finding at a
    preliminary hearing and fails to secure an indictment in a
    criminal proceeding related to the factual allegations of
    the forfeiture action.
    (g) If the State does not meet its burden of proof, the
court shall order the interest in the property returned or
conveyed to the claimant and shall order all other property in
which the State does meet its burden of proof forfeited to the
State. If the State does meet its burden of proof, the court
shall order all property forfeited to the State.
    (h) 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.
    (i) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by either party, the court
may stay civil forfeiture proceedings during the criminal trial
for a related criminal indictment or information alleging a
violation of law authorizing forfeiture under Section 36-1 of
this Article.
    (j) Title to all property declared forfeited under this Act
vests in this State on the commission of the conduct giving
rise to forfeiture together with the proceeds of the property
after that time. Except as otherwise provided in this Article,
any property or proceeds subsequently transferred to any person
remain subject to forfeiture unless a person to whom the
property was transferred makes an appropriate claim under or
has the their claim adjudicated at the judicial in rem hearing.
    (k) No property shall be forfeited under this Article from
a person who, without actual or constructive notice that the
property was the subject of forfeiture proceedings, obtained
possession of the property as a bona fide purchaser for value.
A person who purports to transfer property after receiving
actual or constructive notice that the property is subject to
seizure or forfeiture is guilty of contempt of court, and shall
be liable to the State for a penalty in the amount of the fair
market value of the property.
    (l) A civil action under this Article shall be commenced
within 5 years after the last conduct giving rise to forfeiture
became known or should have become known or 5 years after the
forfeitable property is discovered, whichever is later,
excluding any time during which either the property or claimant
is out of the State or in confinement or during which criminal
proceedings relating to the same conduct are in progress.
    (m) If property is ordered forfeited under this Article
from a claimant who held title to the property in joint tenancy
or tenancy in common with another claimant, the court shall
determine the amount of each owner's interest in the property
according to principles of property law.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-2.7)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-2.7. Innocent owner hearing.
    (a) After a complaint for forfeiture has been filed and all
claimants have appeared and answered, a claimant may file a
motion with the court for an innocent owner hearing prior to
trial. This motion shall be made and supported by sworn
affidavit and shall assert the following along with specific
facts that which support each assertion:
        (1) that the claimant filing the motion is the true
    owner of the conveyance as interpreted by case law; and
        (2) that the claimant did not know or did not have
    reason to know the conduct giving rise to the forfeiture
    was likely to occur.
    (b) The claimant's motion claimant shall include specific
facts that which support these assertions in their motion.
    (b) (c) Upon the filing, a hearing may only be conducted
after the parties have been given the opportunity to conduct
limited discovery as to the ownership and control of the
property, the claimant's knowledge, or any matter relevant to
the issues raised or facts alleged in the claimant's motion.
Discovery shall be limited to the People's requests in these
areas but may proceed by any means allowed in the Code of Civil
Procedure.
    (c) (d) After discovery is complete and the court has
allowed for sufficient time to review and investigate the
discovery responses, the court shall conduct a hearing. At the
hearing, the fact that the conveyance is subject to forfeiture
shall not be at issue. The court shall only hear evidence
relating to the issue of innocent ownership.
    (d) (e) At the hearing on the motion, the claimant shall
bear the burden of proving each of the assertions listed in
subsection (a) of this Section by a preponderance of the
evidence. (f) If a claimant meets the their burden of proof,
the court shall grant the motion and order the conveyance
returned to the claimant. If the claimant fails to meet the
their burden of proof, the court shall deny the motion and the
forfeiture case shall proceed according to the Code Rules of
Civil Procedure.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-7)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 36-7. Distribution of proceeds; selling or retaining
seized property prohibited.
    (a) Except as otherwise provided in this Section, the court
shall order that property forfeited under this Article be
delivered to the Department of State Police within 60 days.
    (b) The Department of State Police or its designee shall
dispose of all property at public auction and shall distribute
the proceeds of the sale, together with any moneys forfeited or
seized, under subsection (c) of this Section.
    (c) All moneys monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
        (1) 65% shall be distributed to the drug task force,
    metropolitan enforcement group, local, municipal, county,
    or State state law enforcement agency or agencies that
    which conducted or participated in the investigation
    resulting in the forfeiture. The distribution shall bear a
    reasonable relationship to the degree of direct
    participation of the law enforcement agency in the effort
    resulting in the forfeiture, taking into account the total
    value of the property forfeited and the total law
    enforcement effort with respect to the violation of the law
    upon which the forfeiture is based. Amounts distributed to
    the agency or agencies shall be used, at the discretion of
    the agency, for the enforcement of criminal laws; or for
    public education in the community or schools in the
    prevention or detection of the abuse of drugs or alcohol;
    or for security cameras used for the prevention or
    detection of violence, except that amounts distributed to
    the Secretary of State shall be deposited into the
    Secretary of State Evidence Fund to be used as provided in
    Section 2-115 of the Illinois Vehicle Code.
        Any local, municipal, or county law enforcement agency
    entitled to receive a monetary distribution of forfeiture
    proceeds may share those forfeiture proceeds pursuant to
    the terms of an intergovernmental agreement with a
    municipality that has a population in excess of 20,000 if:
            (A) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (B) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (C) the seizure took place within the geographical
        limits of the municipality; and
            (D) the funds are used only for the enforcement of
        criminal laws; for public education in the community or
        schools in the prevention or detection of the abuse of
        drugs or alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, the purchase of law enforcement equipment, or
        vehicles.
        (2) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use, at the discretion of the State's
    Attorney, in the enforcement of criminal laws; or for
    public education in the community or schools in the
    prevention or detection of the abuse of drugs or alcohol;
    or at the discretion of the State's Attorney, in addition
    to other authorized purposes, to make grants to local
    substance abuse treatment facilities and half-way houses.
    In counties over 3,000,000 population, 25% will be
    distributed to the Office of the State's Attorney for use,
    at the discretion of the State's Attorney, in the
    enforcement of criminal laws; or for public education in
    the community or schools in the prevention or detection of
    the abuse of drugs or alcohol; or at the discretion of the
    State's Attorney, in addition to other authorized
    purposes, to make grants to local substance abuse treatment
    facilities and half-way houses. If the prosecution is
    undertaken solely by the Attorney General, the portion
    provided shall be distributed to the Attorney General for
    use in the enforcement of criminal laws governing cannabis
    and controlled substances or for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol.
        12.5% shall be distributed to the Office of the State's
    Attorneys Appellate Prosecutor and shall be used at the
    discretion of the State's Attorneys Appellate Prosecutor
    for additional expenses incurred in the investigation,
    prosecution and appeal of cases arising in the enforcement
    of criminal laws; or for public education in the community
    or schools in the prevention or detection of the abuse of
    drugs or alcohol. The Office of the State's Attorneys
    Appellate Prosecutor shall not receive distribution from
    cases brought in counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
    (d) A law enforcement agency shall not retain forfeited
property for its own use or transfer the property to any person
or entity, except as provided under this Section. A law
enforcement agency may apply in writing to the Director of
State Police to request that a forfeited property be awarded to
the agency for a specifically articulated official law
enforcement use in an investigation. The Director of State
Police shall provide a written justification in each instance
detailing the reasons why the forfeited property was placed
into official use, and the justification shall be retained for
a period of not less than 3 years.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (720 ILCS 5/36-10 new)
    Sec. 36-10. Applicability; savings clause.
    (a) The changes made to this Article by Public Act 100-0512
and this amendatory Act of the 100th General Assembly only
apply to property seized on and after July 1, 2018.
    (b) The changes made to this Article by this amendatory Act
of the 100th General Assembly are subject to Section 4 of the
Statute on Statutes.
 
    Section 25. The Cannabis Control Act is amended by changing
Section 12 as follows:
 
    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 12. (a) The following are subject to forfeiture:
        (1) all substances containing cannabis which have been
    produced, manufactured, delivered, or possessed in
    violation of this Act;
        (2) all raw materials, products and equipment of any
    kind which are produced, delivered, or possessed in
    connection with any substance containing cannabis in
    violation of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraph (1) or (2) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he neither had knowledge of nor
        consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act;
        (6) all real property, including any right, title, and
    interest including, but not limited to, any leasehold
    interest or the beneficial interest to a land trust, in the
    whole of any lot or tract of land and any appurtenances or
    improvements, that is used or intended to be used to
    facilitate the manufacture, distribution, sale, receipt,
    or concealment of property described in paragraph (1) or
    (2) of this subsection (a) that constitutes a felony
    violation of more than 2,000 grams of a substance
    containing cannabis or that is the proceeds of any felony
    violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (2) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (3) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (4) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (c-1) In the event the State's Attorney is of the opinion
that real property is subject to forfeiture under this Act,
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act. The exemptions from
forfeiture provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act are applicable.
    (d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director 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 under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property, estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by him;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
    (f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1)(i) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or state law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or for security
    cameras used for the prevention or detection of violence,
    except that amounts distributed to the Secretary of State
    shall be deposited into the Secretary of State Evidence
    Fund to be used as provided in Section 2-115 of the
    Illinois Vehicle Code.
        (ii) Any local, municipal, or county law enforcement
    agency entitled to receive a monetary distribution of
    forfeiture proceeds may share those forfeiture proceeds
    pursuant to the terms of an intergovernmental agreement
    with a municipality that has a population in excess of
    20,000 if:
            (I) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (II) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (III) the seizure took place within the
        geographical limits of the municipality; and
            (IV) the funds are used only for the enforcement of
        laws governing cannabis and controlled substances; for
        public education in the community or schools in the
        prevention or detection of the abuse of drugs or
        alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, the purchase of law enforcement equipment, or
        vehicles.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or at the
    discretion of the State's Attorney, in addition to other
    authorized purposes, to make grants to local substance
    abuse treatment facilities and half-way houses. In
    counties over 3,000,000 population, 25% will be
    distributed to the Office of the State's Attorney for use
    in the enforcement of laws governing cannabis and
    controlled substances; for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol; or at the discretion of the
    State's Attorney, in addition to other authorized
    purposes, to make grants to local substance abuse treatment
    facilities and half-way houses. If the prosecution is
    undertaken solely by the Attorney General, the portion
    provided hereunder shall be distributed to the Attorney
    General for use in the enforcement of laws governing
    cannabis and controlled substances.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that Office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances or
    for public education in the community or schools in the
    prevention or detection of the abuse of drugs or alcohol.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 99-686, eff. 7-29-16.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 12. (a) The following are subject to forfeiture:
        (1) (blank);
        (2) all raw materials, products, and equipment of any
    kind which are produced, delivered, or possessed in
    connection with any substance containing cannabis in a
    felony violation of this Act;
        (3) all conveyances, including aircraft, vehicles, or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of any substance
    containing cannabis or property described in paragraph (2)
    of this subsection (a) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to the violation;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he neither had knowledge of nor
        consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act;
        (6) all real property, including any right, title, and
    interest including, but not limited to, any leasehold
    interest or the beneficial interest in to a land trust, in
    the whole of any lot or tract of land and any appurtenances
    or improvements, that is used or intended to be used to
    facilitate the manufacture, distribution, sale, receipt,
    or concealment of a substance containing cannabis or
    property described in paragraph (2) of this subsection (a)
    that constitutes a felony violation of this Act involving
    more than 2,000 grams of a substance containing cannabis or
    that is the proceeds of any felony violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
    (c) Forfeiture under this Act is subject to subject to an
8th Amendment amendment to the United States Constitution
disproportionate penalties analysis as provided under Section
9.5 of the Drug Asset Forfeiture Procedure Act.
    (c-1) With regard to possession of cannabis offenses only,
a sum of currency with a value of less than $500 shall not be
subject to forfeiture under this Act. For all other offenses
under this Act, a sum of currency with a value of less than
$100 shall not be subject to forfeiture under this Act. In
seizures of currency in excess of these amounts, this Section
shall not create an exemption for these amounts.
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) Contraband, including cannabis possessed without
authorization under State or federal law, is not subject to
forfeiture. No property right exists in contraband. Contraband
is subject to seizure and shall be disposed of according to
State law.
    (i) The changes made to this Section by Public Act 100-0512
and this amendatory Act of the 100th General Assembly only
apply to property seized on and after July 1, 2018.
    (j) The changes made to this Section by this amendatory Act
of the 100th General Assembly are subject to Section 4 of the
Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
 
    Section 30. The Illinois Controlled Substances Act is
amended by changing Section 505 as follows:
 
    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 505. (a) The following are subject to forfeiture:
        (1) all substances which have been manufactured,
    distributed, dispensed, or possessed in violation of this
    Act;
        (2) all raw materials, products and equipment of any
    kind which are used, or intended for use in manufacturing,
    distributing, dispensing, administering or possessing any
    substance in violation of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraphs (1) and (2), but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended to
    be used in violation of this Act;
        (5) everything of value furnished, or intended to be
    furnished, in exchange for a substance in violation of this
    Act, all proceeds traceable to such an exchange, and all
    moneys, negotiable instruments, and securities used, or
    intended to be used, to commit or in any manner to
    facilitate any violation of this Act;
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of Section 401 or 405 of this Act or that is the
    proceeds of any violation or act that constitutes a
    violation of Section 401 or 405 of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the seizure is incident to inspection under an
    administrative inspection warrant;
        (2) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding, or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (3) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (4) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (5) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director 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 under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    Director;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may be
placed under seal by the Director. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a suspension or revocation order becoming final,
all substances may be forfeited to the Illinois State Police.
    (f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1)(i) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or state law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or for security
    cameras used for the prevention or detection of violence,
    except that amounts distributed to the Secretary of State
    shall be deposited into the Secretary of State Evidence
    Fund to be used as provided in Section 2-115 of the
    Illinois Vehicle Code.
        (ii) Any local, municipal, or county law enforcement
    agency entitled to receive a monetary distribution of
    forfeiture proceeds may share those forfeiture proceeds
    pursuant to the terms of an intergovernmental agreement
    with a municipality that has a population in excess of
    20,000 if:
            (I) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (II) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (III) the seizure took place within the
        geographical limits of the municipality; and
            (IV) the funds are used only for the enforcement of
        laws governing cannabis and controlled substances; for
        public education in the community or schools in the
        prevention or detection of the abuse of drugs or
        alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, the purchase of law enforcement equipment, or
        vehicles.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or at the
    discretion of the State's Attorney, in addition to other
    authorized purposes, to make grants to local substance
    abuse treatment facilities and half-way houses. In
    counties over 3,000,000 population, 25% will be
    distributed to the Office of the State's Attorney for use
    in the enforcement of laws governing cannabis and
    controlled substances; for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol; or at the discretion of the
    State's Attorney, in addition to other authorized
    purposes, to make grants to local substance abuse treatment
    facilities and half-way houses. If the prosecution is
    undertaken solely by the Attorney General, the portion
    provided hereunder shall be distributed to the Attorney
    General for use in the enforcement of laws governing
    cannabis and controlled substances or for public education
    in the community or schools in the prevention or detection
    of the abuse of drugs or alcohol.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances or
    for public education in the community or schools in the
    prevention or detection of the abuse of drugs or alcohol.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
    (h) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this Act, or of which the owners or
cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the State. The failure, upon
demand by the Director or any peace officer, of the person in
occupancy or in control of land or premises upon which the
species of plants are growing or being stored, to produce
registration, or proof that he or she is the holder thereof,
constitutes authority for the seizure and forfeiture of the
plants.
(Source: P.A. 99-686, eff. 7-29-16.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 505. (a) The following are subject to forfeiture:
        (1) (blank);
        (2) all raw materials, products, and equipment of any
    kind which are used, or intended for use in manufacturing,
    distributing, dispensing, administering or possessing any
    substance in violation of this Act;
        (3) all conveyances, including aircraft, vehicles, or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of substances
    manufactured, distributed, dispensed, or possessed in
    violation of this Act, or property described in paragraph
    paragraphs (2) of this subsection (a), but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended to
    be used in violation of this Act;
        (5) everything of value furnished, or intended to be
    furnished, in exchange for a substance in violation of this
    Act, all proceeds traceable to such an exchange, and all
    moneys, negotiable instruments, and securities used, or
    intended to be used, to commit or in any manner to
    facilitate any violation of this Act;
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of Section 401 or 405 of this Act or that is the
    proceeds of any violation or act that constitutes a
    violation of Section 401 or 405 of this Act.
    (b) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
    (c) Forfeiture under this Act is subject to subject to an
8th Amendment amendment to the United States Constitution
disproportionate penalties analysis as provided under Section
9.5 of the Drug Asset Forfeiture Procedure Act.
    (d) With regard to possession of controlled substances
offenses only, a sum of currency with a value of less than $500
shall not be subject to forfeiture under this Act. For all
other offenses under this Act, a sum of currency with a value
of less than currency with a value of under $100 shall not be
subject to forfeiture under this Act. In seizures of currency
in excess of these amounts, this Section shall not create an
exemption for these amounts.
    (d-5) For felony offenses involving possession of
controlled substances only, no property shall be subject to
forfeiture under this Act because of the possession of less
than 2 single unit doses of a controlled substance. This
exemption shall not apply in instances when the possessor, or
another person at the direction of the possessor, engaged in
the destruction of any amount of a controlled substance. The
amount of a single unit dose shall be the State's burden to
prove in its their case in chief.
    (e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may be
placed under seal by the Director. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a suspension or revocation order becoming final,
all substances are subject to seizure and forfeiture under the
Drug Asset Forfeiture Procedure Act.
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) Contraband, including controlled substances possessed
without authorization under State or federal law, is not
subject to forfeiture. No property right exists in contraband.
Contraband is subject to seizure and shall be disposed of
according to State law.
    (j) The changes made to this Section by Public Act 100-0512
and this amendatory Act of the 100th General Assembly only
apply to property seized on and after July 1, 2018.
    (k) The changes made to this Section by this amendatory Act
of the 100th General Assembly are subject to Section 4 of the
Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
 
    Section 35. The Methamphetamine Control and Community
Protection Act is amended by changing Section 85 as follows:
 
    (720 ILCS 646/85)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 85. Forfeiture.
    (a) The following are subject to forfeiture:
        (1) all substances containing methamphetamine which
    have been produced, manufactured, delivered, or possessed
    in violation of this Act;
        (2) all methamphetamine manufacturing materials which
    have been produced, delivered, or possessed in connection
    with any substance containing methamphetamine in violation
    of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraph (1) or (2) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act.
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used, or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of this Act or that is the proceeds of any
    violation or act that constitutes a violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (2) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (3) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (4) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (d) Property taken or detained under this Section is not
subject to replevin, but is deemed to be in the custody of the
Director 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 under the Drug Asset
Forfeiture Procedure Act. When property is seized under this
Act, the seizing agency shall promptly conduct an inventory of
the seized property, estimate the property's value, and forward
a copy of the inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by him or
    her;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
    (f) When property is forfeited under this Act, the Director
shall sell the property unless the property is required by law
to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to methamphetamine, cannabis, or
controlled substances, if the agency or prosecutor
demonstrates that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. When any
forfeited conveyance, including an aircraft, vehicle, or
vessel, is returned to the seizing agency or prosecutor, the
conveyance may be used immediately in the enforcement of the
criminal laws of this State. Upon disposal, all proceeds from
the sale of the conveyance must be used for drug enforcement
purposes. When any real property returned to the seizing agency
is sold by the agency or its unit of government, the proceeds
of the sale shall be delivered to the Director and distributed
in accordance with subsection (g).
    (g) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1)(i) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances; for public education in the community or
    schools in the prevention or detection of the abuse of
    drugs or alcohol; or for security cameras used for the
    prevention or detection of violence, except that amounts
    distributed to the Secretary of State shall be deposited
    into the Secretary of State Evidence Fund to be used as
    provided in Section 2-115 of the Illinois Vehicle Code.
        (ii) Any local, municipal, or county law enforcement
    agency entitled to receive a monetary distribution of
    forfeiture proceeds may share those forfeiture proceeds
    pursuant to the terms of an intergovernmental agreement
    with a municipality that has a population in excess of
    20,000 if:
            (I) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (II) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (III) the seizure took place within the
        geographical limits of the municipality; and
            (IV) the funds are used only for the enforcement of
        laws governing cannabis and controlled substances; for
        public education in the community or schools in the
        prevention or detection of the abuse of drugs or
        alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, the purchase of law enforcement equipment, or
        vehicles.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances; for public education in the community or
    schools in the prevention or detection of the abuse of
    drugs or alcohol; or at the discretion of the State's
    Attorney, in addition to other authorized purposes, to make
    grants to local substance abuse treatment facilities and
    half-way houses. In counties with a population over
    3,000,000, 25% shall be distributed to the Office of the
    State's Attorney for use in the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances; for public education in the community or
    schools in the prevention or detection of the abuse of
    drugs or alcohol; or at the discretion of the State's
    Attorney, in addition to other authorized purposes, to make
    grants to local substance abuse treatment facilities and
    half-way houses. If the prosecution is undertaken solely by
    the Attorney General, the portion provided hereunder shall
    be distributed to the Attorney General for use in the
    enforcement of laws governing methamphetamine, cannabis,
    and controlled substances or for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that Office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing methamphetamine, cannabis, and
    controlled substances or for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol. The Office of the State's
    Attorneys Appellate Prosecutor shall not receive
    distribution from cases brought in counties with a
    population over 3,000,000.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 99-686, eff. 7-29-16.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 85. Forfeiture.
    (a) The following are subject to forfeiture:
        (1) (blank);
        (2) all methamphetamine manufacturing materials which
    have been produced, delivered, or possessed in connection
    with any substance containing methamphetamine in violation
    of this Act;
        (3) all conveyances, including aircraft, vehicles, or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of any substance
    containing methamphetamine or property described in
    paragraph (2) of this subsection (a) that constitutes a
    felony violation of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to the violation;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act;
    .
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used, or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of this Act or that is the proceeds of any
    violation or act that constitutes a violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
    (c) Forfeiture under this Act is subject to subject to an
8th Amendment amendment to the United States Constitution
disproportionate penalties analysis as provided under Section
9.5 of the Drug Asset Forfeiture Procedure Act.
    (d) With regard to possession of methamphetamine offenses
only, a sum of currency with a value of less than $500 shall
not be subject to forfeiture under this Act. For all other
offenses under this Act, a sum of currency with a value of less
than under $100 shall not be subject to forfeiture under this
Act. In seizures of currency in excess of these amounts, this
Section shall not create an exemption for these amounts.
    (e) For felony offenses involving possession of a substance
containing methamphetamine only, no property shall be subject
to forfeiture under this Act because of the possession of less
than 2 single unit doses of a substance. This exemption shall
not apply in instances when the possessor, or another person at
the direction of the possessor, is engaged in the destruction
of any amount of a substance containing methamphetamine. The
amount of a single unit dose shall be the State's burden to
prove in its their case in chief.
    (f) (Blank).
    (g) (Blank).
    (h) Contraband, including methamphetamine or any
controlled substance possessed without authorization under
State or federal law, is not subject to forfeiture. No property
right exists in contraband. Contraband is subject to seizure
and shall be disposed of according to State law.
    (i) The changes made to this Section by Public Act 100-0512
and this amendatory Act of the 100th General Assembly only
apply to property seized on and after July 1, 2018.
    (j) The changes made to this Section by this amendatory Act
of the 100th General Assembly are subject to Section 4 of the
Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
 
    Section 40. The Drug Asset Forfeiture Procedure Act is
amended by changing Sections 3.1, 3.3, 3.5, 4, 5, 5.1, 6, 7, 8,
9, 9.1, and 11, by adding Section 13.4, renumbering and
changing Sections 15 and 17, and renumbering Section 20 as
follows:
 
    (725 ILCS 150/3.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 3.1. Seizure.
    (a) Actual physical seizure of real property subject to
forfeiture under this Act requires the issuance of a seizure
warrant. Nothing in this Section prohibits the constructive
seizure of real property through the filing of a complaint for
forfeiture in circuit court and the recording of a lis pendens
against the real property without a hearing, warrant
application, or judicial approval.
    (b) Personal property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
the Illinois Food, Drug and Cosmetic Act, or the
Methamphetamine Control and Community Protection Act may be
seized by the Director of State Police or any peace officer
upon process or seizure warrant issued by any court having
jurisdiction over the property.
    (c) Personal property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
the Illinois Food, Drug and Cosmetic Act, or the
Methamphetamine Control and Community Protection Act may be
seized by the Director of State Police or any peace officer
without process:
        (1) if the seizure is incident to inspection under an
    administrative inspection warrant;
        (2) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act;
        (3) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (4) if there is probable cause to believe that the
    property is subject to forfeiture under the Illinois
    Controlled Substances Act, the Cannabis Control Act, the
    Illinois Food, Drug and Cosmetic Act, or the
    Methamphetamine Control and Community Protection Act, and
    the property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (5) under the Code of Criminal Procedure of 1963.
    (d) If a conveyance is seized under this Act, an
investigation shall be made by the law enforcement agency as to
any person whose right, title, interest, or lien is of record
in the office of the agency or official in which title to or
interest in to the conveyance is required by law to be
recorded.
    (e) After seizure under this Section, notice shall be given
to all known interest holders that forfeiture proceedings,
including a preliminary review, may be instituted and the
proceedings may be instituted under this Act. Upon a showing of
good cause related to an ongoing investigation, the notice
required for a preliminary review under this Section may be
postponed.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/3.3)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 3.3. Safekeeping of seized property pending
disposition.
    (a) Property seized under this Act is deemed to be in the
custody of the Director of 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 under this Act.
    (b) If property is seized under this Act, the seizing
agency shall promptly conduct an inventory of the seized
property and estimate the property's value, and shall forward a
copy of the inventory of seized property and the estimate of
the property's value to the Director of State Police. Upon
receiving notice of seizure, the Director of State Police may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    seizing agency;
        (3) keep the property in the possession of the Director
    of State Police;
        (4) remove the property to a storage area for
    safekeeping; or
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    seizing agency.
    (c) The seizing agency is required to exercise ordinary
care to protect the seized property from negligent loss,
damage, or destruction.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/3.5)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 3.5. Preliminary review.
    (a) Within 14 days of the seizure, the State shall seek a
preliminary determination from the circuit court as to whether
there is probable cause that the property may be subject to
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding
conducted under this Section.
    (c) The court may conduct the review under subsection (a)
simultaneously with a proceeding pursuant to Section 109-1 of
the Code of Criminal Procedure of 1963 for a related criminal
offense if a prosecution is commenced by information or
complaint.
    (d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a).
    (e) Upon making a finding of probable cause as required
under this Section, the circuit court shall order the property
subject to the provisions of the applicable forfeiture Act held
until the conclusion of any forfeiture proceeding.
    For seizures of conveyances, within 7 days of a finding of
probable cause under subsection (a), the registered owner or
other claimant may file a motion in writing supported by sworn
affidavits claiming that denial of the use of the conveyance
during the pendency of the forfeiture proceedings creates a
substantial hardship. The court shall consider the following
factors in determining whether a substantial hardship has been
proven:
        (1) the nature of the claimed hardship;
        (2) the availability of public transportation or other
    available means of transportation; and
        (3) any available alternatives to alleviate the
    hardship other than the return of the seized conveyance.
    If the court determines that a substantial hardship has
been proven, the court shall then balance the nature of the
hardship against the State's interest in safeguarding the
conveyance. If the court determines that the hardship outweighs
the State's interest in safeguarding the conveyance, the court
may temporarily release the conveyance to the registered owner
or the registered owner's authorized designee, or both, until
the conclusion of the forfeiture proceedings or for such
shorter period as ordered by the court provided that the person
to whom the conveyance is released provides proof of insurance
and a valid driver's license and all State and local
registrations for operation of the conveyance are current. The
court shall place conditions on the conveyance limiting its use
to the stated hardship and restricting the conveyance's use to
only those individuals authorized to use the conveyance by the
registered owner. The court shall revoke the order releasing
the conveyance and order that the conveyance be reseized by law
enforcement if the conditions of release are violated or if the
conveyance is used in the commission of any offense identified
in subsection (a) of Section 6-205 of the Illinois Vehicle
Code.
    If the court orders the release of the conveyance during
the pendency of the forfeiture proceedings, the registered
owner or his or her authorized designee shall post a cash
security with the Clerk of the Court as ordered by the court.
The court shall consider the following factors in determining
the amount of the cash security:
        (A) the full market value of the conveyance;
        (B) the nature of the hardship;
        (C) the extent and length of the usage of the
    conveyance; and
        (D) such other conditions as the court deems necessary
    to safeguard the conveyance.
    If the conveyance is released, the court shall order that
the registered owner or his or her designee safeguard the
conveyance, not remove the conveyance from the jurisdiction,
not conceal, destroy, or otherwise dispose of the conveyance,
not encumber the conveyance, and not diminish the value of the
conveyance in any way. The court shall also make a
determination of the full market value of the conveyance prior
to it being released based on a source or sources defined in 50
Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
     If the conveyance subject to forfeiture is released under
this Section and is subsequently forfeited, the person to whom
the conveyance was released shall return the conveyance to the
law enforcement agency that seized the conveyance within 7 days
from the date of the declaration of forfeiture or order of
forfeiture. If the conveyance is not returned within 7 days,
the cash security shall be forfeited in the same manner as the
conveyance subject to forfeiture. If the cash security was less
than the full market value, a judgment shall be entered against
the parties to whom the conveyance was released and the
registered owner, jointly and severally, for the difference
between the full market value and the amount of the cash
security. If the conveyance is returned in a condition other
than the condition in which it was released, the cash security
shall be returned to the surety who posted the security minus
the amount of the diminished value, and that amount shall be
forfeited in the same manner as the conveyance subject to
forfeiture. Additionally, the court may enter an order allowing
any law enforcement agency in the State of Illinois to seize
the conveyance wherever it may be found in the State to satisfy
the judgment if the cash security was less than the full market
value of the conveyance.
(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 3.5. Preliminary review.
    (a) Within 14 days of the seizure, the State shall seek a
preliminary determination from the circuit court as to whether
there is probable cause that the property may be subject to
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding
conducted under this Section.
    (c) The court may conduct the review under subsection (a)
of this Section simultaneously with a proceeding under pursuant
to Section 109-1 of the Code of Criminal Procedure of 1963 for
a related criminal offense if a prosecution is commenced by
information or complaint.
    (d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a) of this Section.
    (e) Upon making a finding of probable cause as required
under this Section, the circuit court shall order the property
subject to the provisions of the applicable forfeiture Act held
until the conclusion of any forfeiture proceeding.
    For seizures of conveyances, within 28 days after a finding
of probable cause under subsection (a) of this Section, the
registered owner or other claimant may file a motion in writing
supported by sworn affidavits claiming that denial of the use
of the conveyance during the pendency of the forfeiture
proceedings creates a substantial hardship and alleges facts
showing that the hardship delay was not due to his or her
culpable negligence. The court shall consider the following
factors in determining whether a substantial hardship has been
proven:
        (1) the nature of the claimed hardship;
        (2) the availability of public transportation or other
    available means of transportation; and
        (3) any available alternatives to alleviate the
    hardship other than the return of the seized conveyance.
    If the court determines that a substantial hardship has
been proven, the court shall then balance the nature of the
hardship against the State's interest in safeguarding the
conveyance. If the court determines that the hardship outweighs
the State's interest in safeguarding the conveyance, the court
may temporarily release the conveyance to the registered owner
or the registered owner's authorized designee, or both, until
the conclusion of the forfeiture proceedings or for such
shorter period as ordered by the court provided that the person
to whom the conveyance is released provides proof of insurance
and a valid driver's license and all State and local
registrations for operation of the conveyance are current. The
court shall place conditions on the conveyance limiting its use
to the stated hardship and providing transportation for
employment, religious purposes, medical needs, child care, and
obtaining food, and restricting the conveyance's use to only
those individuals authorized to use the conveyance by the
registered owner. The use of the vehicle shall be further
restricted to exclude all recreational and entertainment
purposes. The court may order any additional restrictions it
deems reasonable and just on its own motion or on motion of the
People. The court shall revoke the order releasing the
conveyance and order that the conveyance be reseized by law
enforcement if the conditions of release are violated or if the
conveyance is used in the commission of any offense identified
in subsection (a) of Section 6-205 of the Illinois Vehicle
Code.
    If the court orders the release of the conveyance during
the pendency of the forfeiture proceedings, the court may order
the registered owner or his or her authorized designee to post
a cash security with the clerk Clerk of the court Court as
ordered by the court. If cash security is ordered, the court
shall consider the following factors in determining the amount
of the cash security:
        (A) the full market value of the conveyance;
        (B) the nature of the hardship;
        (C) the extent and length of the usage of the
    conveyance;
        (D) the ability of the owner or designee to pay; and
        (E) other conditions as the court deems necessary to
    safeguard the conveyance.
    If the conveyance is released, the court shall order that
the registered owner or his or her designee safeguard the
conveyance, not remove the conveyance from the jurisdiction,
not conceal, destroy, or otherwise dispose of the conveyance,
not encumber the conveyance, and not diminish the value of the
conveyance in any way. The court shall also make a
determination of the full market value of the conveyance prior
to it being released based on a source or sources defined in 50
Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
     If the conveyance subject to forfeiture is released under
this Section and is subsequently forfeited, the person to whom
the conveyance was released shall return the conveyance to the
law enforcement agency that seized the conveyance within 7 days
from the date of the declaration of forfeiture or order of
forfeiture. If the conveyance is not returned within 7 days,
the cash security shall be forfeited in the same manner as the
conveyance subject to forfeiture. If the cash security was less
than the full market value, a judgment shall be entered against
the parties to whom the conveyance was released and the
registered owner, jointly and severally, for the difference
between the full market value and the amount of the cash
security. If the conveyance is returned in a condition other
than the condition in which it was released, the cash security
shall be returned to the surety who posted the security minus
the amount of the diminished value, and that amount shall be
forfeited in the same manner as the conveyance subject to
forfeiture. Additionally, the court may enter an order allowing
any law enforcement agency in the State of Illinois to seize
the conveyance wherever it may be found in the State to satisfy
the judgment if the cash security was less than the full market
value of the conveyance.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/4)  (from Ch. 56 1/2, par. 1674)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 4. Notice to owner or interest holder.
    (A) Whenever notice of pending forfeiture or service of an
in rem complaint is required under the provisions of this Act,
such notice or service shall be given as follows:
        (1) If the owner's or interest holder's name and
    current address are known, then by either personal service
    or mailing a copy of the notice by certified mail, return
    receipt requested, to that address. For purposes of notice
    under this Section, if a person has been arrested for the
    conduct giving rise to the forfeiture, then the address
    provided to the arresting agency at the time of arrest
    shall be deemed to be that person's known address.
    Provided, however, if an owner or interest holder's address
    changes prior to the effective date of the notice of
    pending forfeiture, the owner or interest holder shall
    promptly notify the seizing agency of the change in address
    or, if the owner or interest holder's address changes
    subsequent to the effective date of the notice of pending
    forfeiture, the owner or interest holder shall promptly
    notify the State's Attorney of the change in address; or
        (2) If the property seized is a conveyance, to the
    address reflected in the office of the agency or official
    in which title or interest to the conveyance is required by
    law to be recorded, then by mailing a copy of the notice by
    certified mail, return receipt requested, to that address;
    or
        (3) If the owner's or interest holder's address is not
    known, and is not on record as provided in paragraph (2),
    then by publication for 3 successive weeks in a newspaper
    of general circulation in the county in which the seizure
    occurred.
    (B) Notice served under this Act is effective upon personal
service, the last date of publication, or the mailing of
written notice, whichever is earlier.
(Source: P.A. 86-1382; 87-614.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 4. Notice to owner or interest holder. The first
attempted service of notice shall be commenced within 28 days
of the filing of the verified claim or the receipt of the
notice from the seizing agency by Illinois State Police
Notice/Inventory of Seized Property (Form 4-64) the form 4-64,
whichever occurs sooner. A complaint for forfeiture or a notice
of pending forfeiture shall be served upon the property owner
or interest holder in the following manner:
        (1) If the owner's or interest holder's name and
    current address are known, then by either:
            (A) personal service; or
            (B) mailing a copy of the notice by certified mail,
        return receipt requested, and first class mail, to that
        address.
                (i) If notice is sent by certified mail and no
            signed return receipt is received by the State's
            Attorney within 28 days of mailing, and no
            communication from the owner or interest holder is
            received by the State's Attorney documenting
            actual notice by said parties, then the State's
            Attorney shall, within a reasonable period of
            time, mail a second copy of the notice by certified
            mail, return receipt requested, and first class
            mail, to that address.
                (ii) If no signed return receipt is received by
            the State's Attorney within 28 days of the second
            attempt at service by certified mail, and no
            communication from the owner or interest holder is
            received by the State's Attorney documenting
            actual notice by said parties, then the State's
            Attorney shall have 60 days to attempt to serve the
            notice by personal service, which also includes
            substitute service by leaving a copy at the usual
            place of abode, with some person of the family or a
            person residing there, of the age of 13 years or
            upwards. If, after 3 attempts at service in this
            manner, no service of the notice is accomplished,
            then the notice shall be posted in a conspicuous
            manner at this address and service shall be made by
            posting.
                The attempts at service and the posting if
            required, shall be documented by the person
            attempting service and said documentation shall be
            made part of a return of service returned to the
            State's Attorney.
                The State's Attorney may utilize any Sheriff
            or Deputy Sheriff, any peace officer, a private
            process server or investigator, or any employee,
            agent, or investigator of the State's Attorney's
            Office to attempt service without seeking leave of
            court.
                After the procedures set forth are followed,
            service shall be effective on an owner or interest
            holder on the date of receipt by the State's
            Attorney of a returned return receipt requested,
            or on the date of receipt of a communication from
            an owner or interest holder documenting actual
            notice, whichever is first in time, or on the date
            of the last act performed by the State's Attorney
            in attempting personal service under subparagraph
            (ii) above. If notice is to be shown by actual
            notice from communication with a claimant, then
            the State's Attorney shall file an affidavit
            providing details of the communication, which may
            be accepted as sufficient proof of service by the
            court.
                After a claimant files a verified claim with
            the State's Attorney and provides provide an
            address at which the claimant they will accept
            service, the complaint shall be served and notice
            shall be perfected upon mailing of the complaint to
            the claimant at the address the claimant provided
            via certified mail, return receipt requested, and
            first class mail. No return receipt card need be
            received, or any other attempts at service need be
            made to comply with service and notice
            requirements under this Act. This certified
            mailing, return receipt requested, shall be proof
            of service of the complaint on the claimant.
                For purposes of notice under this Section, if a
            person has been arrested for the conduct giving
            rise to the forfeiture, then the address provided
            to the arresting agency at the time of arrest shall
            be deemed to be that person's known address.
            Provided, however, if an owner or interest
            holder's address changes prior to the effective
            date of the notice of pending forfeiture, the owner
            or interest holder shall promptly notify the
            seizing agency of the change in address or, if the
            owner or interest holder's address changes
            subsequent to the effective date of the notice of
            pending forfeiture, the owner or interest holder
            shall promptly notify the State's Attorney of the
            change in address; or if the property seized is a
            conveyance, to the address reflected in the office
            of the agency or official in which title to or
            interest in to the conveyance is required by law to
            be recorded.
        (2) If the owner's or interest holder's address is not
    known, and is not on record, then notice shall be served by
    publication for 3 successive weeks in a newspaper of
    general circulation in the county in which the seizure
    occurred.
        (3) After a claimant files a verified claim with the
    State's Attorney and provides an address at which the
    claimant they will accept service, the complaint shall be
    served and notice shall be perfected upon mailing of the
    complaint to the claimant at the address the claimant
    provided via certified mail, return receipt requested, and
    first class mail. No return receipt card need be received
    or any other attempts at service need be made to comply
    with service and notice requirements under this Act. This
    certified mailing, return receipt requested, shall be
    proof of service of the complaint on the claimant.
        (4) Notice to any business entity, corporation,
    limited liability company, limited liability partnership
    LLC, LLP, or partnership shall be completed complete by a
    single mailing of a copy of the notice by certified mail,
    return receipt requested, and first class mail, to that
    address. This notice is complete regardless of the return
    of a signed "return receipt requested".
        (5) Notice to a person whose address is not within the
    State shall be completed complete by a single mailing of a
    copy of the notice by certified mail, return receipt
    requested, and first class mail, to that address. This
    notice is complete regardless of the return of a signed
    "return receipt requested".
        (6) Notice to a person whose address is not within the
    United States shall be completed complete by a single
    mailing of a copy of the notice by certified mail, return
    receipt requested, and first class mail, to that address.
    This notice shall be complete regardless of the return of a
    signed "return receipt requested". If certified mail is not
    available in the foreign country where the person has an
    address, then notice shall proceed by publication under
    paragraph (2) of this Section.
        (7) Notice to any person whom the State's Attorney
    reasonably should know is incarcerated within the State
    shall also include the mailing a copy of the notice by
    certified mail, return receipt requested, and first class
    mail, to the address of the detention facility with the
    inmate's name clearly marked on the envelope.
    (A) (Blank).
    (B) (Blank).
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/5)  (from Ch. 56 1/2, par. 1675)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 5. Notice to State's Attorney. The law enforcement
agency seizing property for forfeiture under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act shall,
within 52 days of seizure, notify the State's Attorney for the
county in which an act or omission giving rise to the
forfeiture occurred or in which the property was seized of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 5. Notice to State's Attorney. The law enforcement
agency seizing property for forfeiture under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, or the
Illinois Food, Drug, and Cosmetic Act shall, as soon as
practicable but not later than 28 days after the seizure,
notify the State's Attorney for the county in which an act or
omission giving rise to the seizure occurred or in which the
property was seized of the seizure of the property and the
facts and circumstances giving rise to the seizure and shall
provide the State's Attorney with the inventory of the property
and its estimated value. Said notice shall be by the delivery
of Form the form 4-64. When the property seized for forfeiture
is a vehicle, the law enforcement agency seizing the property
shall immediately notify the Secretary of State that forfeiture
proceedings are pending regarding such vehicle.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/5.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 5.1. Replevin prohibited; return of personal property
inside seized conveyance.
    (a) Property seized under this Act shall not be subject to
replevin, but is deemed to be in the custody of the Director of
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.
    (b) A claimant or a party interested in personal property
contained within a seized conveyance may file a request with
the State's Attorney in an administrative forfeiture action, or
a motion with the court in a judicial forfeiture action, for
the return of any personal property contained within a
conveyance seized under this Act. The return of personal
property shall not be unreasonably withheld if the personal
property is not mechanically or electrically coupled to the
conveyance, needed for evidentiary purposes, or otherwise
contraband. A law enforcement agency that returns property
under a court order under this Section shall not be liable to
any person who claims ownership to the property if the property
is returned to an improper party.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 6. Non-judicial forfeiture. 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 45 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 45
    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
    Section 6 of this Act, 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 accept
        mail;
            (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 name and address 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
        assertion; and
            (viii) the relief sought.
         (2) If a claimant files the claim and deposits with
    the State's Attorney a cost bond, in the form of a
    cashier's check payable to the clerk of the court, in the
    sum of 10 percent of the reasonable value of the property
    as alleged by the State's Attorney or the sum of $100,
    whichever is greater, upon condition that, in the case of
    forfeiture, the claimant must pay all costs and expenses of
    forfeiture proceedings, then the State's Attorney shall
    institute judicial in rem forfeiture proceedings and
    deposit the cost bond with the clerk of the court as
    described in Section 9 of this Act within 45 days after
    receipt of the claim and cost bond. In lieu of a cost bond,
    a person claiming interest in the seized property may file,
    under penalty of perjury, an indigency affidavit.
         (3) If none of the seized property is forfeited in the
    judicial in rem proceeding, the clerk of the court shall
    return to the claimant, unless the court orders otherwise,
    90% of the sum which has been deposited and shall retain as
    costs 10% of the money deposited. If any of the seized
    property is forfeited under the judicial forfeiture
    proceeding, the clerk of the court shall transfer 90% of
    the sum which has been deposited to the State's Attorney
    prosecuting the civil forfeiture to be applied to the costs
    of prosecution and the clerk shall retain as costs 10% of
    the sum deposited.
        (D) If no claim is filed or bond given within the 45
    day period as described in subsection (C) of Section 6 of
    this Act, 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. 97-544, eff. 1-1-12.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 6. Non-judicial forfeiture. 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 45 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 45
    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 6 of this Act, 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 accept
        mail;
            (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 name and address 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
        assertion; and
            (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 30 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 6 of this Act,
    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.)
 
    (725 ILCS 150/7)  (from Ch. 56 1/2, par. 1677)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 7. Presumptions. The following situations shall give
rise to a presumption that the property described therein was
furnished or intended to be furnished in exchange for a
substance in violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine Control
and Community Protection Act, or is the proceeds of such an
exchange, and therefore forfeitable under this Act, such
presumptions being rebuttable by a preponderance of the
evidence:
    (1) All moneys, coin, or currency found in close proximity
to forfeitable substances, to forfeitable drug manufacturing
or distributing paraphernalia, or to forfeitable records of the
importation, manufacture or distribution of substances;
    (2) All property acquired or caused to be acquired by a
person either between the dates of occurrence of two or more
acts in felony violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine Control
and Community Protection Act, or an act committed in another
state, territory or country which would be punishable as a
felony under the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, committed by that person within 5
years of each other, or all property acquired by such person
within a reasonable amount of time after the commission of such
acts if:
        (a) At least one of the above acts was committed after
    the effective date of this Act; and
        (b) At least one of the acts is or was punishable as a
    Class X, Class 1, or Class 2 felony; and
        (c) There was no likely source for such property other
    than a violation of the above Acts.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 7. Presumptions and inferences.
    (1) The following situation shall give rise to a
presumption that the property described therein was furnished
or intended to be furnished in exchange for a substance in
violation of the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, or is the proceeds of such an
exchange, and therefore forfeitable under this Act, such
presumptions being rebuttable by a preponderance of the
evidence:
    All moneys, coin, or currency found in close proximity to
any forfeitable substances manufactured, distributed,
dispensed, or possessed in violation of the Illinois Controlled
Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, to
forfeitable drug manufacturing or distributing paraphernalia,
or to forfeitable records of the importation, manufacture or
distribution of substances.
    (2) In the following situation, the trier of fact may infer
that the property described therein was furnished or intended
to be furnished in exchange for a substance in violation of the
Illinois Controlled Substances Act, the Cannabis Control Act,
or the Methamphetamine Control and Community Protection Act, or
is the proceeds of such an exchange, and therefore forfeitable
under this Act:
    All property acquired or caused to be acquired by a person
either between the dates of occurrence of two or more acts in
felony violation of the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, or an act committed in another state,
territory or country which would be punishable as a felony
under the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community
Protection Act, committed by that person within 5 years of each
other, or all property acquired by such person within a
reasonable amount of time after the commission of such acts if:
        (a) at At least one of the above acts was committed
    after the effective date of this Act; and
        (b) both Both of the acts are or were punishable as a
    Class X, Class 1, or Class 2 felony; and
        (c) there There was no likely source for such property
    other than a violation of the above Acts.
    (3) Presumptions and permissive inferences set forth in
this Section shall apply to all portions of all phases of all
the judicial in rem forfeiture proceedings under this Act.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/8)  (from Ch. 56 1/2, par. 1678)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 8. Exemptions from forfeiture. A property interest is
exempt from forfeiture under this Section if its owner or
interest holder establishes by a preponderance of evidence that
the owner or interest holder:
    (A)(i) in the case of personal property, is not legally
accountable for the conduct giving rise to the forfeiture, did
not acquiesce in it, and did not know and could not reasonably
have known of the conduct or that the conduct was likely to
occur, or
    (ii) in the case of real property, is not legally
accountable for the conduct giving rise to the forfeiture, or
did not solicit, conspire, or attempt to commit the conduct
giving rise to the forfeiture; and
    (B) had not acquired and did not stand to acquire
substantial proceeds from the conduct giving rise to its
forfeiture other than as an interest holder in an arms length
commercial transaction; and
    (C) with respect to conveyances, did not hold the property
jointly or in common with a person whose conduct gave rise to
the forfeiture; and
    (D) does not hold the property for the benefit of or as
nominee for any person whose conduct gave rise to its
forfeiture, and, if the owner or interest holder acquired the
interest through any such person, the owner or interest holder
acquired it as a bona fide purchaser for value without
knowingly taking part in the conduct giving rise to the
forfeiture; and
    (E) that the owner or interest holder acquired the
interest:
    (i) before the commencement of the conduct giving rise to
its forfeiture and the person whose conduct gave rise to its
forfeiture did not have the authority to convey the interest to
a bona fide purchaser for value at the time of the conduct; or
    (ii) after the commencement of the conduct giving rise to
its forfeiture, and the owner or interest holder acquired the
interest as a mortgagee, secured creditor, lienholder, or bona
fide purchaser for value without knowledge of the conduct which
gave rise to the forfeiture; and
    (a) in the case of personal property, without knowledge of
the seizure of the property for forfeiture; or
    (b) in the case of real estate, before the filing in the
office of the Recorder of Deeds of the county in which the real
estate is located of a notice of seizure for forfeiture or a
lis pendens notice.
(Source: P.A. 86-1382.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 8. Exemptions from forfeiture.
    (a) No vessel or watercraft, vehicle, or aircraft used by
any person as a common carrier in the transaction of business
as a common carrier may be forfeited under this Act unless the
State proves by a preponderance of the evidence that:
        (1) in the case of a railway car or engine, the owner,
    or
        (2) in the case of any other such vessel or watercraft,
    vehicle or aircraft, the owner or the master of such vessel
    or watercraft or the owner or conductor, driver, pilot, or
    other person in charge of that vehicle or aircraft was at
    the time of the alleged illegal act a consenting party or
    privy to that knowledge.
    (b) No vessel or watercraft, vehicle, or aircraft shall be
forfeited under this Act by reason of any act or omission
committed or omitted by any person other than such owner while
a vessel or watercraft, vehicle, or aircraft was unlawfully in
the possession of a person who acquired possession in violation
of the criminal laws of the United States, or of any state.
    (A) (blank); and
    (B) (blank); and
    (C) (blank); and
    (D) (blank); and
    (E) (blank); and
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/9)  (from Ch. 56 1/2, par. 1679)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 9. Judicial in rem procedures. If property seized
under the provisions of the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act is non-real property that exceeds
$20,000 in value excluding the value of any conveyance, or is
real property, or a claimant has filed a claim and a cost bond
under subsection (C) of Section 6 of this Act, the following
judicial in rem procedures shall apply:
    (A) If, after a 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 45 days of the
receipt of notice of seizure by the seizing agency or the
filing of the claim and cost bond, whichever is later, the
State's Attorney shall institute judicial forfeiture
proceedings by filing a verified complaint for forfeiture and,
if the claimant has filed a claim and cost bond, by depositing
the cost bond with the clerk of the court. When authorized by
law, a forfeiture must be ordered by a court on an action in
rem brought by a State's Attorney under a verified complaint
for forfeiture.
    (B) During the probable cause portion of the judicial in
rem proceeding wherein the State presents its case-in-chief,
the court must receive and consider, among other things, all
relevant hearsay evidence and information. The laws of evidence
relating to civil actions shall apply to all other portions of
the judicial in rem proceeding.
    (C) Only an owner of or interest holder in the property may
file an answer asserting a claim against the property in the
action in rem. For purposes of this Section, the owner or
interest holder shall be referred to as claimant.
    (D) The answer must be signed by the owner or interest
holder under penalty of perjury and 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 accept
    mail;
        (iii) the nature and extent of the claimant's interest
    in the property;
        (iv) the date, identity of transferor, and
    circumstances of the claimant's acquisition of the
    interest in the property;
        (v) the name and address of all other persons known to
    have an interest in the property;
        (vi) the specific provisions of Section 8 of this Act
    relied on in asserting it is not subject to forfeiture;
        (vii) all essential facts supporting each assertion;
    and
        (viii) the precise relief sought.
    (E) The answer must be filed with the court within 45 days
after service of the civil in rem complaint.
    (F) The hearing must be held within 60 days after filing of
the answer unless continued for good cause.
    (G) The State shall show the existence of probable cause
for forfeiture of the property. If the State shows probable
cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest in
the property is not subject to forfeiture.
    (H) If the State does not show existence of probable cause
or a claimant has established by a preponderance of evidence
that the claimant has an interest that is exempt under Section
8 of this Act, the court shall order the interest in the
property returned or conveyed to the claimant and shall order
all other property forfeited to the State. If the State does
show existence of probable cause and the claimant does not
establish by a preponderance of evidence that the claimant has
an interest that is exempt under Section 8 of this Act, the
court shall order all property forfeited to the State.
    (I) 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 Act regardless of the pendency of an
appeal from that conviction. However, evidence of the pendency
of an appeal is admissible.
    (J) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by the State's Attorney, the
court may stay civil forfeiture proceedings during the criminal
trial for a related criminal indictment or information alleging
a violation of the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act. Such a stay shall not be available
pending an appeal. Property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
or the Methamphetamine Control and Community Protection Act
shall not be subject to return or release by a court exercising
jurisdiction over a criminal case involving the seizure of such
property unless such return or release is consented to by the
State's Attorney.
    (K) All property declared forfeited under this Act vests in
this State on 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 Act that the transferee's interest is exempt under Section
8 of this Act.
    (L) A civil action under this Act must be commenced within
5 years after the last conduct giving rise to forfeiture became
known or should have become known or 5 years after the
forfeitable property is discovered, whichever is later,
excluding any time during which either the property or claimant
is out of the State or in confinement or during which criminal
proceedings relating to the same conduct are in progress.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 9. Judicial in rem procedures. If property seized
under the provisions of the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act is non-real property that exceeds
$150,000 in value excluding the value of any conveyance, or is
real property, or a claimant has filed a claim and a cost bond
under subsection (C) of Section 6 of this Act, the following
judicial in rem procedures shall apply:
    (A) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the seized
property is subject to forfeiture, the State's Attorney shall
institute judicial forfeiture proceedings by filing a verified
complaint for forfeiture in the circuit court within whose
jurisdiction the seizure occurred, or within whose
jurisdiction an act or omission giving rise to the seizure
occurred, subject to Supreme Court Rule 187. The complaint for
of forfeiture shall be filed as soon as practicable, but not
later than 28 days after the filing of a verified claim by a
claimant if the property was acted upon under a non-judicial
forfeiture action, or 28 days after the State's Attorney
receives notice from the seizing agency as provided under
Section 5 of this Act, whichever occurs later. When authorized
by law, a forfeiture must be ordered by a court on an action in
rem brought by a State's Attorney under a verified complaint
for forfeiture.
    (A-5) If the State's Attorney finds that the alleged
violation of law giving rise to the seizure was incurred
without willful negligence or without any intention on the part
of the owner of the property to violate the law or finds the
existence of those mitigating circumstances to justify
remission of the forfeiture, may cause the law enforcement
agency having custody of the property to return the property to
the owner within a reasonable time not to exceed 7 days. The
State's Attorney shall exercise his or her discretion prior to
or promptly after the preliminary review under Section 3.5 of
this Act. Judicial in rem forfeiture proceedings under this Act
shall be subject to the Code of Civil Procedure and the rules
of evidence relating to civil actions.
    (A-10) A complaint of forfeiture shall include:
        (1) a description of the property seized;
        (2) the date and place of seizure of the property;
        (3) the name and address of the law enforcement agency
    making the seizure; and
        (4) the specific statutory and factual grounds for the
    seizure.
    The complaint shall be served upon the person from whom the
property was seized and all persons known or reasonably
believed by the State to claim an interest in the property, as
provided in Section 4 of this Act. The complaint shall be
accompanied by the following written notice:
    "This is a civil court proceeding subject to the Code of
    Civil Procedure. You received this Complaint of Forfeiture
    because the State's Attorney's office has brought a legal
    action seeking forfeiture of your seized property. This
    complaint starts the court process where the state seeks to
    prove that your property should be forfeited and not
    returned to you. This process is also your opportunity to
    try to prove to a judge that you should get your property
    back. The complaint lists the date, time, and location of
    your first court date. You must appear in court on that
    day, or you may lose the case automatically. You must also
    file an appearance and answer. If you are unable to pay the
    appearance fee, you may qualify to have the fee waived. If
    there is a criminal case related to the seizure of your
    property, your case may be set for trial after the criminal
    case has been resolved. Before trial, the judge may allow
    discovery, where the State can ask you to respond in
    writing to questions and give them certain documents, and
    you can make similar requests of the State. The trial is
    your opportunity to explain what happened when your
    property was seized and why you should get the property
    back.".
    (B) The laws of evidence relating to civil actions shall
apply to all other proceedings under this Act except that the
parties shall be allowed to use, and the court must receive and
consider, all relevant hearsay evidence that which relates to
evidentiary foundation, chain of custody, business records,
recordings, laboratory analysis, laboratory reports, and the
use of technology in the investigation that resulted in the
seizure of the property that which is subject to the this
forfeiture action.
    (C) Only an owner of or interest holder in the property may
file an answer asserting a claim against the property in the
action in rem. For purposes of this Section, the owner or
interest holder shall be referred to as claimant. A person not
named in the forfeiture complaint who claims to have an
interest in the property may petition to intervene as a
claimant under Section 2-408 of the Code of Civil Procedure.
    (D) The answer must be signed by the owner or interest
holder under penalty of perjury and 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 accept
    mail;
        (iii) the nature and extent of the claimant's interest
    in the property;
        (iv) the date, identity of transferor, and
    circumstances of the claimant's acquisition of the
    interest in the property;
        (v) the names and addresses name and address of all
    other persons known to have an interest in the property;
        (vi) the specific provisions of Section 8 of this Act
    relied on in asserting it is exempt from forfeiture, if
    applicable;
        (vii) all essential facts supporting each assertion;
        (viii) the precise relief sought; and
        (ix) in a forfeiture action involving currency or its
    equivalent, a claimant shall provide the State with notice
    of the claimant's their intent to allege that the currency
    or its equivalent is not related to the alleged factual
    basis for the forfeiture, and why.
    (E) The answer must be filed with the court within 45 days
after service of the civil in rem complaint.
    (F) The trial shall be held within 60 days after filing of
the answer unless continued for good cause.
    (G) The State, in its case in chief, shall show by a
preponderance of the evidence the property is subject to
forfeiture; and at least one of the following:
        (i) In the case of personal property, including
    conveyances:
            (a) that the claimant was legally accountable for
        the conduct giving rise to the forfeiture;
            (b) that the claimant knew or reasonably should
        have known of the conduct giving rise to the
        forfeiture;
            (c) that the claimant knew or reasonably should
        have known that the conduct giving rise to the
        forfeiture was likely to occur;
            (d) that the claimant held the property for the
        benefit of, or as nominee for, any person whose conduct
        gave rise to its forfeiture;
            (e) that if the claimant acquired the their
        interest through any person engaging in any of the
        conduct described above or conduct giving rise to the
        forfeiture:
                (1) the claimant did not acquire it as a bona
            fide purchaser for value, or
                (2) the claimant acquired the interest under
            such circumstances that the claimant they
            reasonably should have known the property was
            derived from, or used in, the conduct giving rise
            to the forfeiture; or
            (f) that the claimant is not the true owner of the
        property;
            (g) that the claimant acquired the interest:
                (1) before the commencement of the conduct
            giving rise to the forfeiture and the person whose
            conduct gave rise to the forfeiture did not have
            authority to convey the interest to a bona fide
            purchaser for value at the time of the conduct; or
                (2) after the commencement of the conduct
            giving rise to the forfeiture and the owner or
            interest holder acquired the interest as a
            mortgagee, secured creditor, lienholder, or bona
            fide purchaser for value without knowledge of the
            conduct that which gave rise to the forfeiture, and
            without the knowledge of the seizure of the
            property for forfeiture.
        (ii) In the case of real property:
            (a) that the claimant was legally accountable for
        the conduct giving rise to the forfeiture;
            (b) that the claimant solicited, conspired, or
        attempted to commit the conduct giving rise to the
        forfeiture; or
            (c) that the claimant had acquired or stood to
        acquire substantial proceeds from the conduct giving
        rise to its forfeiture other than as an interest holder
        in an arm's length transaction;
            (d) that the claimant is not the true owner of the
        property;
            (e) that the claimant acquired the interest:
                (1) before the commencement of the conduct
            giving rise to the forfeiture and the person whose
            conduct gave rise to the forfeiture did not have
            authority to convey the interest to a bona fide
            purchaser for value at the time of the conduct; or
                (2) after the commencement of the conduct
            giving rise to the forfeiture and the owner or
            interest holder acquired the interest as a
            mortgagee, secured creditor, lienholder, or bona
            fide purchaser for value without knowledge of the
            conduct that which gave rise to the forfeiture, and
            before the filing in the office of the recorder of
            deeds of the county in which the real estate is
            located a notice of seizure for forfeiture or a lis
            pendens notice.
    (G-5) If the property that is the subject of the forfeiture
proceeding is currency or its equivalent, the State, in its
case in chief, shall show by a preponderance of the evidence
that the property is subject to forfeiture. If the State makes
that showing, the claimant shall have the burden of production
to set forth evidence that the currency or its equivalent is
not related to the alleged factual basis of the forfeiture.
After the production of evidence, the State shall maintain the
burden of proof to overcome this assertion.
    (G-10) Notwithstanding any other provision of this
Section, the State's burden of proof at the trial of the
forfeiture action shall be by clear and convincing evidence if:
        (1) a finding of not guilty is entered as to all counts
    and all defendants in a criminal proceeding relating to the
    conduct giving rise to the forfeiture action; or
        (2) the State receives an adverse finding at a
    preliminary hearing and fails to secure an indictment in a
    criminal proceeding related to the factual allegations of
    the forfeiture action.
    (H) If the State does not meet its burden of proof, the
court shall order the interest in the property returned or
conveyed to the claimant and shall order all other property as
to which the State does meet its burden of proof forfeited to
the State. If the State does meet its burden of proof, the
court shall order all property forfeited to the State.
    (I) 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 Act regardless of the pendency of an
appeal from that conviction. However, evidence of the pendency
of an appeal is admissible.
    (J) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by the State's Attorney, the
court may stay civil forfeiture proceedings during the criminal
trial for a related criminal indictment or information alleging
a violation of the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act. Such a stay shall not be available
pending an appeal. Property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
or the Methamphetamine Control and Community Protection Act
shall not be subject to return or release by a court exercising
jurisdiction over a criminal case involving the seizure of such
property unless such return or release is consented to by the
State's Attorney.
    (K) Title to all property declared forfeited under this Act
vests in the this State on the commission of the conduct giving
rise to forfeiture together with the proceeds of the property
after that time. Except as otherwise provided in this Act, any
such property or proceeds subsequently transferred to any
person remain subject to forfeiture unless a person to whom the
property was transferred makes an appropriate claim under this
Act and has the their claim adjudicated in the judicial in rem
proceeding.
    (L) A civil action under this Act must be commenced within
5 years after the last conduct giving rise to forfeiture became
known or should have become known or 5 years after the
forfeitable property is discovered, whichever is later,
excluding any time during which either the property or claimant
is out of the State or in confinement or during which criminal
proceedings relating to the same conduct are in progress.
    (M) No property shall be forfeited under this Act from a
person who, without actual or constructive notice that the
property was the subject of forfeiture proceedings, obtained
possession of the property as a bona fide purchaser for value.
A person who purports to transfer property after receiving
actual or constructive notice that the property is subject to
seizure or forfeiture is guilty of contempt of court and shall
be liable to the State for a penalty in the amount of the fair
market value of the property.
    (N) If property is ordered forfeited under this Act from a
claimant who held title to the property in joint tenancy or
tenancy in common with another claimant, the court shall
determine the amount of each owner's interest in the property
according to principles of property law.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/9.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 9.1. Innocent owner hearing.
    (a) After a complaint for forfeiture is filed and all
claimants have appeared and answered, a claimant may file a
motion with the court for an innocent owner hearing prior to
trial. This motion shall be made and supported by sworn
affidavit and shall assert the following along with specific
facts that which support each assertion:
        (1) that the claimant filing the motion is the true
    owner of the conveyance as interpreted by case law;
        (2) that the claimant was not legally accountable for
    the conduct giving rise to the forfeiture or acquiesced in
    the conduct;
        (3) that the claimant did not solicit, conspire, or
    attempt to commit the conduct giving rise to the
    forfeiture;
        (4) that the claimant did not know or did not they have
    reason to know that the conduct giving rise to the
    forfeiture was likely to occur; and
        (5) that the claimant did not hold the property for the
    benefit of, or as nominee for any person whose conduct gave
    rise to its forfeiture, or if the owner or interest holder
    acquired the interest through any such person, the owner or
    interest holder did not acquire it as a bona fide purchaser
    for value, or acquired the interest without knowledge of
    the seizure of the property for forfeiture.
    (b) The claimant's motion shall include specific facts
supporting these assertions.
    (b) (c) Upon this filing, a hearing may only be held after
the parties have been given the opportunity to conduct limited
discovery as to the ownership and control of the property, the
claimant's knowledge, or any matter relevant to the issues
raised or facts alleged in the claimant's motion. Discovery
shall be limited to the People's requests in these areas but
may proceed by any means allowed in the Code of Civil
Procedure.
    (c) (d) After discovery is complete and the court has
allowed for sufficient time to review and investigate the
discovery responses, the court shall conduct a hearing. At the
hearing, the fact that the property is subject to forfeiture
shall not be at issue. The court shall only hear evidence
relating to the issue of innocent ownership.
    (d) (e) At the hearing on the motion, the claimant shall
bear the burden of proving by a preponderance of the evidence
each of the assertions set forth in subsection (a) of this
Section. (f) If a claimant meets the their burden of proof, the
court shall grant the motion and order the property returned to
the claimant. If the claimant fails to meet the their burden of
proof, then the court shall deny the motion and the forfeiture
case shall proceed according to the Code Rules of Civil
Procedure.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/11)  (from Ch. 56 1/2, par. 1681)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 11. Settlement of claims. Notwithstanding other
provisions of this Act, the State's Attorney and a claimant of
seized property may enter into an agreed-upon settlement
concerning the seized property in such an amount and upon such
terms as are set out in writing in a settlement agreement.
(Source: P.A. 86-1382.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 11. Settlement of claims. Notwithstanding other
provisions of this Act, the State's Attorney and a claimant of
seized property may enter into an agreed-upon settlement
concerning the seized property in such an amount and upon such
terms as are set out in writing in a settlement agreement. All
proceeds from a settlement agreement shall be tendered to the
Department of State Police and distributed in accordance with
the provisions of Section 13.2 17 of this Act.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/13.1)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 13.1 15. Return of property, damages, and costs.
    (a) The law enforcement agency that holds custody of
property seized for forfeiture shall deliver property ordered
by the court to be returned or conveyed to the claimant within
a reasonable time not to exceed 7 days, unless the order is
stayed by the trial court or a reviewing court pending an
appeal, motion to reconsider, or other reason.
    (b) The law enforcement agency that holds custody of
property described in subsection (a) of this Section is
responsible for any damages, storage fees, and related costs
applicable to property returned. The claimant shall not be
subject to any charges by the State for storage of the property
or expenses incurred in the preservation of the property.
Charges for the towing of a conveyance shall be borne by the
claimant unless the conveyance was towed for the sole reason of
seizure for forfeiture. This Section does not prohibit the
imposition of any fees or costs by a home rule unit of local
government related to the impoundment of a conveyance pursuant
to an ordinance enacted by the unit of government.
    (c) A law enforcement agency shall not retain forfeited
property for its own use or transfer the property to any person
or entity, except as provided under this Section. A law
enforcement agency may apply in writing to the Director of
State Police to request that a forfeited property be awarded to
the agency for a specifically articulated official law
enforcement use in an investigation. The Director of State
Police shall provide a written justification in each instance
detailing the reasons why the forfeited property was placed
into official use and the justification shall be retained for a
period of not less than 3 years.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/13.2)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 13.2 17. Distribution of proceeds; selling or
retaining seized property prohibited.
    (a) Except as otherwise provided in this Section, the court
shall order that property forfeited under this Act be delivered
to the Department of State Police within 60 days.
    (b) All moneys monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
        (1)(i) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State
    state law enforcement agency or agencies that which
    conducted or participated in the investigation resulting
    in the forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or for security
    cameras used for the prevention or detection of violence,
    except that amounts distributed to the Secretary of State
    shall be deposited into the Secretary of State Evidence
    Fund to be used as provided in Section 2-115 of the
    Illinois Vehicle Code.
        (ii) Any local, municipal, or county law enforcement
    agency entitled to receive a monetary distribution of
    forfeiture proceeds may share those forfeiture proceeds
    pursuant to the terms of an intergovernmental agreement
    with a municipality that has a population in excess of
    20,000 if:
            (A) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (B) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (C) the seizure took place within the geographical
        limits of the municipality; and
            (D) the funds are used only for the enforcement of
        laws governing cannabis and controlled substances; for
        public education in the community or schools in the
        prevention or detection of the abuse of drugs or
        alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, or the purchase of law enforcement equipment
        or vehicles.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or, at the
    discretion of the State's Attorney, in addition to other
    authorized purposes, to make grants to local substance
    abuse treatment facilities and half-way houses. In
    counties over 3,000,000 population, 25% shall be
    distributed to the Office of the State's Attorney for use
    in the enforcement of laws governing cannabis and
    controlled substances; for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol; or at the discretion of the
    State's Attorney, in addition to other authorized
    purposes, to make grants to local substance abuse treatment
    facilities and half-way houses. If the prosecution is
    undertaken solely by the Attorney General, the portion
    provided shall be distributed to the Attorney General for
    use in the enforcement of laws governing cannabis and
    controlled substances or for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances or
    for public education in the community or schools in the
    prevention or detection of the abuse of drugs or alcohol.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/13.3)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 13.3 20. Reporting. Property seized or forfeited under
this Act is subject to reporting under the Seizure and
Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    (725 ILCS 150/13.4 new)
    Sec. 13.4. Applicability; savings clause.
    (a) The changes made to this Act by Public Act 100-0512 and
this amendatory Act of the 100th General Assembly only apply to
property seized on and after July 1, 2018.
    (b) The changes made to this Act by this amendatory Act of
the 100th General Assembly are subject to Section 4 of the
Statute on Statutes.
 
    Section 42. The Illinois Streetgang Terrorism Omnibus
Prevention Act is amended by changing Section 40 as follows:
 
    (740 ILCS 147/40)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 40. Contraband.
    (a) The following are declared to be contraband and no
person shall have a property interest in them:
        (1) any property that is directly or indirectly used or
    intended for use in any manner to facilitate streetgang
    related activity; and
        (2) any property constituting or derived from gross
    profits or other proceeds obtained from streetgang related
    activity.
    (b) Within 60 days of the date of the seizure of contraband
under this Section, the State's Attorney shall initiate
forfeiture proceedings as provided in Article 36 of the
Criminal Code of 2012. An owner or person who has a lien on the
property may establish as a defense to the forfeiture of
property that is subject to forfeiture under this Section that
the owner or lienholder had no knowledge that the property was
acquired through a pattern of streetgang related activity.
Property that is forfeited under this Section shall be disposed
of as provided in Article 36 of the Criminal Code of 2012 for
the forfeiture of vehicles, vessels, and aircraft. The proceeds
of the disposition shall be paid to the Gang Violence Victims
and Witnesses Fund to be used to assist in the prosecution of
gang crimes.
(Source: P.A. 97-1150, eff. 1-25-13.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 40. Forfeiture.
    (a) The following are subject to seizure and forfeiture:
        (1) any property that is directly or indirectly used or
    intended for use in any manner to facilitate streetgang
    related activity; and
        (2) any property constituting or derived from gross
    profits or other proceeds obtained from streetgang related
    activity.
    (b) Property subject to forfeiture under this Section may
be seized under the procedures set forth under Section 36-2.1
of the Criminal Code of 2012, except that actual physical
seizure of real property subject to forfeiture under this Act
requires the issuance of a seizure warrant. Nothing in this
Section prohibits the constructive seizure of real property
through the filing of a complaint for forfeiture in circuit
court and the recording of a lis pendens against the real
property without a hearing, warrant application, or judicial
approval.
    (c) The State's Attorney may initiate forfeiture
proceedings under the procedures in Article 36 of the Criminal
Code of 2012. The State shall bear the burden of proving by a
preponderance of the evidence that the property was acquired
through a pattern of streetgang related activity.
    (d) Property forfeited under this Section shall be disposed
of in accordance with Section 36-7 of Article 36 of the
Criminal Code of 2012 for the forfeiture of vehicles, vessels,
and aircraft.
    (e) Within 60 days of the date of the seizure of contraband
under this Section, the State's Attorney shall initiate
forfeiture proceedings as provided in Article 36 of the
Criminal Code of 2012. An owner or person who has a lien on the
property may establish as a defense to the forfeiture of
property that is subject to forfeiture under this Section that
the owner or lienholder had no knowledge that the property was
acquired through a pattern of streetgang related activity.
Property that is forfeited under this Section shall be disposed
of as provided in Article 36 of the Criminal Code of 2012 for
the forfeiture of vehicles, vessels, and aircraft. The proceeds
of the disposition shall be paid to the Gang Violence Victims
and Witnesses Fund to be used to assist in the prosecution of
gang crimes.
    (f) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
    (g) The changes made to this Section by Public Act 100-0512
only apply to property seized on and after July 1, 2018.
(Source: P.A. 100-512, eff. 7-1-18.)
 
    Section 45. The Illinois Securities Law of 1953 is amended
by changing Section 11 as follows:
 
    (815 ILCS 5/11)  (from Ch. 121 1/2, par. 137.11)
    (Text of Section before amendment by P.A. 100-512)
    Sec. 11. Duties and powers of the Secretary of State.
    A. (1) The administration of this Act is vested in the
Secretary of State, who may from time to time make, amend and
rescind such rules and regulations as may be necessary to carry
out this Act, including rules and regulations governing
procedures of registration, statements, applications and
reports for various classes of securities, persons and matters
within his or her jurisdiction and defining any terms, whether
or not used in this Act, insofar as the definitions are not
inconsistent with this Act. The rules and regulations adopted
by the Secretary of State under this Act shall be effective in
the manner provided for in the Illinois Administrative
Procedure Act.
    (2) Among other things, the Secretary of State shall have
authority, for the purposes of this Act, to prescribe the form
or forms in which required information shall be set forth,
accounting practices, the items or details to be shown in
balance sheets and earning statements, and the methods to be
followed in the preparation of accounts, in the appraisal or
valuation of assets and liabilities, in the determination of
depreciation and depletion, in the differentiation of
recurring and non-recurring income, in the differentiation of
investment and operating income, and in the preparation of
consolidated balance sheets or income accounts of any person,
directly or indirectly, controlling or controlled by the
issuer, or any person under direct or indirect common control
with the issuer.
    (3) No provision of this Act imposing any liability shall
apply to any act done or omitted in good faith in conformity
with any rule or regulation of the Secretary of State under
this Act, notwithstanding that the rule or regulation may,
after the act or omission, be amended or rescinded or be
determined by judicial or other authority to be invalid for any
reason.
    (4) The Securities Department of the Office of the
Secretary of State shall be deemed a criminal justice agency
for purposes of all federal and state laws and regulations and,
in that capacity, shall be entitled to access to any
information available to criminal justice agencies and has the
power to appoint special agents to conduct all investigations,
searches, seizures, arrests, and other duties imposed under the
provisions of any law administered by the Department. The
special agents have and may exercise all the powers of peace
officers solely for the purpose of enforcing provisions of this
Act.
    The Director must authorize to each special agent employed
under this Section a distinct badge that, on its face, (i)
clearly states that the badge is authorized by the Department
and (ii) contains a unique and identifying number.
    Special agents shall comply with all training requirements
established for law enforcement officers by provisions of the
Illinois Police Training Act.
    (5) The Secretary of State, by rule, may conditionally or
unconditionally exempt any person, security, or transaction,
or any class or classes of persons, securities, or transactions
from any provision of Section 5, 6, 7, 8, 8a, or 9 of this Act
or of any rule promulgated under these Sections, to the extent
that such exemption is necessary or appropriate in the public
interest, and is consistent with the protection of investors.
    B. The Secretary of State may, anything in this Act to the
contrary notwithstanding, require financial statements and
reports of the issuer, dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative as
often as circumstances may warrant. In addition, the Secretary
of State may secure information or books and records from or
through others and may make or cause to be made investigations
respecting the business, affairs, and property of the issuer of
securities, any person involved in the sale or offer for sale,
purchase or offer to purchase of any mineral investment
contract, mineral deferred delivery contract, or security and
of dealers, Internet portals, salespersons, investment
advisers, and investment adviser representatives that are
registered or are the subject of an application for
registration under this Act. The costs of an investigation
shall be borne by the registrant or the applicant, provided
that the registrant or applicant shall not be obligated to pay
the costs without his, her or its consent in advance.
    C. Whenever it shall appear to the Secretary of State,
either upon complaint or otherwise, that this Act, or any rule
or regulation prescribed under authority thereof, has been or
is about to be violated, he or she may, in his or her
discretion, do one or more of the following:
        (1) require or permit the person to file with the
    Secretary of State a statement in writing under oath, or
    otherwise, as to all the facts and circumstances concerning
    the subject matter which the Secretary of State believes to
    be in the public interest to investigate, audit, examine,
    or inspect;
        (2) conduct an investigation, audit, examination, or
    inspection as necessary or advisable for the protection of
    the interests of the public; and
        (3) appoint investigators to conduct all
    investigations, searches, seizures, arrests, and other
    duties imposed under the provisions of any law administered
    by the Department. The Director must authorize to each
    investigator employed under this Section a distinct badge
    that, on its face, (i) clearly states that the badge is
    authorized by the Department and (ii) contains a unique and
    identifying number.
    D. (1) For the purpose of all investigations, audits,
examinations, or inspections which in the opinion of the
Secretary of State are necessary and proper for the enforcement
of this Act, the Secretary of State or a person designated by
him or her is empowered to administer oaths and affirmations,
subpoena witnesses, take evidence, and require, by subpoena or
other lawful means provided by this Act or the rules adopted by
the Secretary of State, the production of any books and
records, papers, or other documents which the Secretary of
State or a person designated by him or her deems relevant or
material to the inquiry.
    (2) The Secretary of State or a person designated by him or
her is further empowered to administer oaths and affirmations,
subpoena witnesses, take evidence, and require the production
of any books and records, papers, or other documents in this
State at the request of a securities agency of another state,
if the activities constituting the alleged violation for which
the information is sought would be in violation of Section 12
of this Act if the activities had occurred in this State.
    (3) The Circuit Court of any County of this State, upon
application of the Secretary of State or a person designated by
him or her may order the attendance of witnesses, the
production of books and records, papers, accounts and documents
and the giving of testimony before the Secretary of State or a
person designated by him or her; and any failure to obey the
order may be punished by the Circuit Court as a contempt
thereof.
    (4) The fees of subpoenaed witnesses under this Act for
attendance and travel shall be the same as fees of witnesses
before the Circuit Courts of this State, to be paid when the
witness is excused from further attendance, provided, the
witness is subpoenaed at the instance of the Secretary of
State; and payment of the fees shall be made and audited in the
same manner as other expenses of the Secretary of State.
    (5) Whenever a subpoena is issued at the request of a
complainant or respondent as the case may be, the Secretary of
State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the
witness is summoned.
    (6) The Secretary of State shall have power at his or her
discretion, to require a deposit to cover the cost of the
service and witness fees and the payment of the legal witness
fee and mileage to the witness served with subpoena.
    (7) A subpoena issued under this Act shall be served in the
same manner as a subpoena issued out of a circuit court.
    (8) The Secretary of State may in any investigation,
audits, examinations, or inspections cause the taking of
depositions of persons residing within or without this State in
the manner provided in civil actions under the laws of this
State.
    E. Anything in this Act to the contrary notwithstanding:
        (1) If the Secretary of State shall find that the offer
    or sale or proposed offer or sale or method of offer or
    sale of any securities by any person, whether exempt or
    not, in this State, is fraudulent, or would work or tend to
    work a fraud or deceit, or is being offered or sold in
    violation of Section 12, or there has been a failure or
    refusal to submit any notification filing or fee required
    under this Act, the Secretary of State may by written order
    prohibit or suspend the offer or sale of securities by that
    person or deny or revoke the registration of the securities
    or the exemption from registration for the securities.
        (2) If the Secretary of State shall find that any
    person has violated subsection C, D, E, F, G, H, I, J, or K
    of Section 12 of this Act, the Secretary of State may by
    written order temporarily or permanently prohibit or
    suspend the person from offering or selling any securities,
    any mineral investment contract, or any mineral deferred
    delivery contract in this State, provided that any person
    who is the subject of an order of permanent prohibition may
    petition the Secretary of State for a hearing to present
    evidence of rehabilitation or change in circumstances
    justifying the amendment or termination of the order of
    permanent prohibition.
        (3) If the Secretary of State shall find that any
    person is engaging or has engaged in the business of
    selling or offering for sale securities as a dealer,
    Internet portal, or salesperson or is acting or has acted
    as an investment adviser, investment adviser
    representative, or federal covered investment adviser,
    without prior thereto and at the time thereof having
    complied with the registration or notice filing
    requirements of this Act, the Secretary of State may by
    written order prohibit or suspend the person from engaging
    in the business of selling or offering for sale securities,
    or acting as an investment adviser, investment adviser
    representative, or federal covered investment adviser, in
    this State.
        (4) In addition to any other sanction or remedy
    contained in this subsection E, the Secretary of State,
    after finding that any provision of this Act has been
    violated, may impose a fine as provided by rule, regulation
    or order not to exceed $10,000 for each violation of this
    Act, may issue an order of public censure against the
    violator, and may charge as costs of investigation all
    reasonable expenses, including attorney's fees and witness
    fees.
    F. (1) The Secretary of State shall not deny, suspend or
revoke the registration of securities, suspend or revoke the
registration of a dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative,
prohibit or suspend the offer or sale of any securities,
prohibit or suspend any person from offering or selling any
securities in this State, prohibit or suspend a dealer or
salesperson from engaging in the business of selling or
offering for sale securities, prohibit or suspend a person from
acting as an investment adviser or federal covered investment
adviser, or investment adviser representative, impose any fine
for violation of this Act, issue an order of public censure, or
enter into an agreed settlement except after an opportunity for
hearing upon not less than 10 days notice given by personal
service or registered mail or certified mail, return receipt
requested, to the person or persons concerned. Such notice
shall state the date and time and place of the hearing and
shall contain a brief statement of the proposed action of the
Secretary of State and the grounds for the proposed action. A
failure to appear at the hearing or otherwise respond to the
allegations set forth in the notice of hearing shall constitute
an admission of any facts alleged therein and shall constitute
sufficient basis to enter an order.
    (2) Anything herein contained to the contrary
notwithstanding, the Secretary of State may temporarily
prohibit or suspend, for a maximum period of 90 days, by an
order effective immediately, the offer or sale or registration
of securities, the registration of a dealer, Internet portal,
salesperson, investment adviser, or investment adviser
representative, or the offer or sale of securities by any
person, or the business of rendering investment advice, without
the notice and prior hearing in this subsection prescribed, if
the Secretary of State shall in his or her opinion, based on
credible evidence, deem it necessary to prevent an imminent
violation of this Act or to prevent losses to investors which
the Secretary of State reasonably believes will occur as a
result of a prior violation of this Act. Immediately after
taking action without such notice and hearing, the Secretary of
State shall deliver a copy of the temporary order to the
respondent named therein by personal service or registered mail
or certified mail, return receipt requested. The temporary
order shall set forth the grounds for the action and shall
advise that the respondent may request a hearing, that the
request for a hearing will not stop the effectiveness of the
temporary order and that respondent's failure to request a
hearing within 30 days after the date of the entry of the
temporary order shall constitute an admission of any facts
alleged therein and shall constitute sufficient basis to make
the temporary order final. Any provision of this paragraph (2)
to the contrary notwithstanding, the Secretary of State may not
pursuant to the provisions of this paragraph (2) suspend the
registration of a dealer, limited Canadian dealer,
salesperson, investment adviser, or investment adviser
representative based upon sub-paragraph (n) of paragraph (l) of
subsection E of Section 8 of this Act or revoke the
registration of securities or revoke the registration of any
dealer, salesperson, investment adviser representative, or
investment adviser.
    (3) The Secretary of State may issue a temporary order
suspending or delaying the effectiveness of any registration of
securities under subsection A or B of Section 5, 6 or 7 of this
Act subsequent to and upon the basis of the issuance of any
stop, suspension or similar order by the Securities and
Exchange Commission with respect to the securities which are
the subject of the registration under subsection A or B of
Section 5, 6 or 7 of this Act, and the order shall become
effective as of the date and time of effectiveness of the
Securities and Exchange Commission order and shall be vacated
automatically at such time as the order of the Securities and
Exchange Commission is no longer in effect.
    (4) When the Secretary of State finds that an application
for registration as a dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative
should be denied, the Secretary of State may enter an order
denying the registration. Immediately after taking such
action, the Secretary of State shall deliver a copy of the
order to the respondent named therein by personal service or
registered mail or certified mail, return receipt requested.
The order shall state the grounds for the action and that the
matter will be set for hearing upon written request filed with
the Secretary of State within 30 days after the receipt of the
request by the respondent. The respondent's failure to request
a hearing within 30 days after receipt of the order shall
constitute an admission of any facts alleged therein and shall
make the order final. If a hearing is held, the Secretary of
State shall affirm, vacate, or modify the order.
    (5) The findings and decision of the Secretary of State
upon the conclusion of each final hearing held pursuant to this
subsection shall be set forth in a written order signed on
behalf of the Secretary of State by his or her designee and
shall be filed as a public record. All hearings shall be held
before a person designated by the Secretary of State, and
appropriate records thereof shall be kept.
    (6) Notwithstanding the foregoing, the Secretary of State,
after notice and opportunity for hearing, may at his or her
discretion enter into an agreed settlement, stipulation or
consent order with a respondent in accordance with the
provisions of the Illinois Administrative Procedure Act. The
provisions of the agreed settlement, stipulation or consent
order shall have the full force and effect of an order issued
by the Secretary of State.
    (7) Anything in this Act to the contrary notwithstanding,
whenever the Secretary of State finds that a person is
currently expelled from, refused membership in or association
with, or limited in any material capacity by a self-regulatory
organization registered under the Federal 1934 Act or the
Federal 1974 Act because of a fraudulent or deceptive act or a
practice in violation of a rule, regulation, or standard duly
promulgated by the self-regulatory organization, the Secretary
of State may, at his or her discretion, enter a Summary Order
of Prohibition, which shall prohibit the offer or sale of any
securities, mineral investment contract, or mineral deferred
delivery contract by the person in this State. The order shall
take effect immediately upon its entry. Immediately after
taking the action the Secretary of State shall deliver a copy
of the order to the named Respondent by personal service or
registered mail or certified mail, return receipt requested. A
person who is the subject of an Order of Prohibition may
petition the Secretary of State for a hearing to present
evidence of rehabilitation or change in circumstances
justifying the amendment or termination of the Order of
Prohibition.
    G. No administrative action shall be brought by the
Secretary of State for relief under this Act or upon or because
of any of the matters for which relief is granted by this Act
after the earlier to occur of (i) 3 years from the date upon
which the Secretary of State had notice of facts which in the
exercise of reasonable diligence would lead to actual knowledge
of the alleged violation of the Act, or (ii) 5 years from the
date on which the alleged violation occurred.
    H. The action of the Secretary of State in denying,
suspending, or revoking the registration of a dealer, Internet
portal, limited Canadian dealer, salesperson, investment
adviser, or investment adviser representative, in prohibiting
any person from engaging in the business of offering or selling
securities as a dealer, limited Canadian dealer, or
salesperson, in prohibiting or suspending the offer or sale of
securities by any person, in prohibiting a person from acting
as an investment adviser, federal covered investment adviser,
or investment adviser representative, in denying, suspending,
or revoking the registration of securities, in prohibiting or
suspending the offer or sale or proposed offer or sale of
securities, in imposing any fine for violation of this Act, or
in issuing any order shall be subject to judicial review in the
Circuit Courts of Cook or Sangamon Counties in this State. The
Administrative Review Law shall apply to and govern every
action for the judicial review of final actions or decisions of
the Secretary of State under this Act.
    I. Notwithstanding any other provisions of this Act to the
contrary, whenever it shall appear to the Secretary of State
that any person is engaged or about to engage in any acts or
practices which constitute or will constitute a violation of
this Act or of any rule or regulation prescribed under
authority of this Act, the Secretary of State may at his or her
discretion, through the Attorney General take any of the
following actions:
        (1) File a complaint and apply for a temporary
    restraining order without notice, and upon a proper showing
    the court may enter a temporary restraining order without
    bond, to enforce this Act.
        (2) File a complaint and apply for a preliminary or
    permanent injunction, and, after notice and a hearing and
    upon a proper showing, the court may grant a preliminary or
    permanent injunction and may order the defendant to make an
    offer of rescission with respect to any sales or purchases
    of securities, mineral investment contracts, or mineral
    deferred delivery contracts determined by the court to be
    unlawful under this Act.
        (3) Seek the seizure of assets when probable cause
    exists that the assets were obtained by a defendant through
    conduct in violation of Section 12, paragraph F, G, I, J,
    K, or L of this Act, and thereby subject to a judicial
    forfeiture hearing as required under this Act.
            (a) In the event that such probable cause exists
        that the subject of an investigation who is alleged to
        have committed one of the relevant violations of this
        Act has in his possession assets obtained as a result
        of the conduct giving rise to the violation, the
        Secretary of State may seek a seizure warrant in any
        circuit court in Illinois.
            (b) In seeking a seizure warrant, the Secretary of
        State, or his or her designee, shall submit to the
        court a sworn affidavit detailing the probable cause
        evidence for the seizure, the location of the assets to
        be seized, the relevant violation under Section 12 of
        this Act, and a statement detailing any known owners or
        interest holders in the assets.
            (c) Seizure of the assets shall be made by any
        peace officer upon process of the seizure warrant
        issued by the court. Following the seizure of assets
        under this Act and pursuant to a seizure warrant,
        notice of seizure, including a description of the
        seized assets, shall immediately be returned to the
        issuing court. Seized assets shall be maintained
        pending a judicial forfeiture hearing in accordance
        with the instructions of the court.
            (d) In the event that management of seized assets
        becomes necessary to prevent the devaluation,
        dissipation, or otherwise to preserve the property,
        the court shall have jurisdiction to appoint a
        receiver, conservator, ancillary receiver, or
        ancillary conservator for that purpose, as provided in
        item (2) of this subsection.
        (4) Seek the forfeiture of assets obtained through
    conduct in violation of Section 12, paragraph F, G, H, I,
    J, K, or L when authorized by law. A forfeiture must be
    ordered by a circuit court or an action brought by the
    Secretary of State as provided for in this Act, under a
    verified complaint for forfeiture.
            (a) In the event assets have been seized pursuant
        to this Act, forfeiture proceedings shall be
        instituted by the Attorney General within 45 days of
        seizure.
            (b) Service of the complaint filed under the
        provisions of this Act shall be made in the manner as
        provided in civil actions in this State.
            (c) Only an owner of or interest holder in the
        property may file an answer asserting a claim against
        the property. For purposes of this Section, the owner
        or interest holder shall be referred to as claimant.
            (d) The answer must be signed by the owner or
        interest holder under penalty of perjury and 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
            accept mail;
                (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 name and address of all other persons
            known to have an interest in the property;
                (vi) the specific provisions of this Act
            relied on in asserting that the property is not
            subject to forfeiture;
                (vii) all essential facts supporting each
            assertion; and
                (viii) the precise relief sought.
            (e) The answer must be filed with the court within
        45 days after service of the complaint.
            (f) A property interest is exempt from forfeiture
        under this Act if its owner or interest holder
        establishes by a preponderance of evidence that the
        owner or interest holder:
                (i) is not legally accountable for the conduct
            giving rise to the forfeiture, did not acquiesce in
            it, and did not know and could not reasonably have
            known of the conduct or that the conduct was likely
            to occur;
                (ii) with respect to conveyances, did not hold
            the property jointly or in common with a person
            whose conduct gave rise to the forfeiture;
                (iii) does not hold the property for the
            benefit of or as a nominee for any person whose
            conduct gave rise to its forfeiture and the owner
            or interest holder acquires it as a bona fide
            purchaser for value without knowingly taking part
            in the conduct giving rise to the forfeiture; or
                (iv) acquired the interest after the
            commencement of the conduct giving rise to its
            forfeiture and the owner or interest holder
            acquired the interest as a mortgagee, secured
            creditor, lienholder, or bona fide purchaser for
            value without knowledge of the conduct that gave
            rise to the forfeiture.
            (g) The hearing must be held within 60 days after
        the answer is filed unless continued for good cause.
            (h) During the probable cause portion of the
        judicial in rem proceeding wherein the Secretary of
        State presents its case-in-chief, the court must
        receive and consider, among other things, any relevant
        hearsay evidence and information. The laws of evidence
        relating to civil actions shall apply to all other
        portions of the judicial in rem proceeding.
            (i) The Secretary of State shall show the existence
        of probable cause for forfeiture of the property. If
        the Secretary of State shows probable cause, the
        claimant has the burden of showing by a preponderance
        of the evidence that the claimant's interest in the
        property is not subject to forfeiture.
            (j) If the Secretary of State does not show the
        existence of probable cause or a claimant has an
        interest that is exempt under subdivision I (4)(d) of
        this Section, the court shall order the interest in the
        property returned or conveyed to the claimant and shall
        order all other property forfeited to the Secretary of
        State pursuant to all provisions of this Act. If the
        Secretary of State does show the existence of probable
        cause and the claimant does not establish by a
        preponderance of the evidence that the claimant has an
        interest that is exempt under subsection D herein, the
        court shall order all the property forfeited to the
        Secretary of State pursuant to the provisions of the
        Section.
            (k) 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 for
        violations of the Act giving rise to forfeiture of
        property herein regardless of the pendency of an appeal
        from that conviction. However, evidence of the
        pendency of an appeal is admissible.
            (l) An acquittal or dismissal in a criminal
        proceeding for violations of the Act giving rise to the
        forfeiture of property herein shall not preclude civil
        proceedings under this provision; however, for good
        cause shown, on a motion by the Secretary of State, the
        court may stay civil forfeiture proceedings during the
        criminal trial for a related criminal indictment or
        information alleging violation of the provisions of
        Section 12 of the Illinois Securities Law of 1953.
        Property subject to forfeiture under this Section
        shall not be subject to return or release by a court
        exercising jurisdiction over a criminal case involving
        the seizure of the property unless the return or
        release is consented to by the Secretary of State.
            (m) All property declared forfeited under this Act
        vests in the State on 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 Act that the
        transferee's interest is exempt under the Act. Any
        assets forfeited to the State shall be disposed of in
        following manner:
                (i) all forfeited property and assets shall be
            liquidated by the Secretary of State in accordance
            with all laws and rules governing the disposition
            of such property;
                (ii) the Secretary of State shall provide the
            court at the time the property and assets are
            declared forfeited a verified statement of
            investors subject to the conduct giving rise to the
            forfeiture;
                (iii) after payment of any costs of sale,
            receivership, storage, or expenses for
            preservation of the property seized, other costs
            to the State, and payment to claimants for any
            amount deemed exempt from forfeiture, the proceeds
            from liquidation shall be distributed pro rata to
            investors subject to the conduct giving rise to the
            forfeiture; and
                (iv) any proceeds remaining after all verified
            investors have been made whole shall be
            distributed 25% to the Securities Investors
            Education Fund, 25% to the Securities Audit and
            Enforcement Fund, 25% to the Attorney General or
            any State's Attorney bringing criminal charges for
            the conduct giving rise to the forfeiture, and 25%
            to other law enforcement agencies participating in
            the investigation of the criminal charges for the
            conduct giving rise to the forfeiture. In the event
            that no other law enforcement agencies are
            involved in the investigation of the conduct
            giving rise to the forfeiture, then the portion to
            other law enforcement agencies shall be
            distributed to the Securities Investors Education
            Fund.
            (n) The Secretary of State shall notify by
        certified mail, return receipt requested, all known
        investors in the matter giving rise to the forfeiture
        of the forfeiture proceeding and sale of assets
        forfeited arising from the violations of this Act, and
        shall further publish notice in a paper of general
        circulation in the district in which the violations
        were prosecuted. The notice to investors shall
        identify the name, address, and other identifying
        information about any defendant prosecuted for
        violations of this Act that resulted in forfeiture and
        sale of property, the offense for which the defendant
        was convicted, and that the court has ordered
        forfeiture and sale of property for claims of investors
        who incurred losses or damages as a result of the
        violations. Investors may then file a claim in a form
        prescribed by the Secretary of State in order to share
        in disbursement of the proceeds from sale of the
        forfeited property. Investor claims must be filed with
        the Secretary of State within 30 days after receipt of
        the certified mail return receipt, or within 30 days
        after the last date of publication of the general
        notice in a paper of general circulation in the
        district in which the violations were prosecuted,
        whichever occurs last.
            (o) A civil action under this subsection must be
        commenced within 5 years after the last conduct giving
        rise to the forfeiture became known or should have
        become known or 5 years after the forfeitable property
        is discovered, whichever is later, excluding time
        during which either the property or claimant is out of
        this State or in confinement or during which criminal
        proceedings relating to the same conduct are in
        progress.
            (p) If property is seized for evidence and for
        forfeiture, the time periods for instituting judicial
        forfeiture proceedings shall not begin until the
        property is no longer necessary for evidence.
            (q) Notwithstanding other provisions of this Act,
        the Secretary of State and a claimant of forfeitable
        property may enter into an agreed-upon settlement
        concerning the forfeitable property in such an amount
        and upon such terms as are set out in writing in a
        settlement agreement.
            (r) Nothing in this Act shall apply to property
        that constitutes reasonable bona fide attorney's fees
        paid to an attorney for services rendered or to be
        rendered in the forfeiture proceeding or criminal
        proceeding relating directly thereto when the property
        was paid before its seizure and before the issuance of
        any seizure warrant or court order prohibiting
        transfer of the property and when the attorney, at the
        time he or she received the property, did not know that
        it was property subject to forfeiture under this Act.
    The court shall further have jurisdiction and authority, in
addition to the penalties and other remedies in this Act
provided, to enter an order for the appointment of the court or
a person as a receiver, conservator, ancillary receiver or
ancillary conservator for the defendant or the defendant's
assets located in this State, or to require restitution,
damages or disgorgement of profits on behalf of the person or
persons injured by the act or practice constituting the subject
matter of the action, and may assess costs against the
defendant for the use of the State; provided, however, that the
civil remedies of rescission and appointment of a receiver,
conservator, ancillary receiver or ancillary conservator shall
not be available against any person by reason of the failure to
file with the Secretary of State, or on account of the contents
of, any report of sale provided for in subsection G or P of
Section 4, paragraph (2) of subsection D of Sections 5 and 6,
or paragraph (2) of subsection F of Section 7 of this Act.
Appeals may be taken as in other civil cases.
    J. In no case shall the Secretary of State, or any of his
or her employees or agents, in the administration of this Act,
incur any official or personal liability by instituting an
injunction or other proceeding or by denying, suspending or
revoking the registration of a dealer or salesperson, or by
denying, suspending or revoking the registration of securities
or prohibiting the offer or sale of securities, or by
suspending or prohibiting any person from acting as a dealer,
limited Canadian dealer, salesperson, investment adviser, or
investment adviser representative or from offering or selling
securities.
    K. No provision of this Act shall be construed to require
or to authorize the Secretary of State to require any
investment adviser or federal covered investment adviser
engaged in rendering investment supervisory services to
disclose the identity, investments, or affairs of any client of
the investment adviser or federal covered investment adviser,
except insofar as the disclosure may be necessary or
appropriate in a particular proceeding or investigation having
as its object the enforcement of this Act.
    L. Whenever, after an examination, investigation or
hearing, the Secretary of State deems it of public interest or
advantage, he or she may certify a record to the State's
Attorney of the county in which the act complained of, examined
or investigated occurred. The State's Attorney of that county
within 90 days after receipt of the record shall file a written
statement at the Office of the Secretary of State, which
statement shall set forth the action taken upon the record, or
if no action has been taken upon the record that fact, together
with the reasons therefor, shall be stated.
    M. The Secretary of State may initiate, take, pursue, or
prosecute any action authorized or permitted under Section 6d
of the Federal 1974 Act.
    N. (1) Notwithstanding any provision of this Act to the
contrary, to encourage uniform interpretation, administration,
and enforcement of the provisions of this Act, the Secretary of
State may cooperate with the securities agencies or
administrators of one or more states, Canadian provinces or
territories, or another country, the Securities and Exchange
Commission, the Commodity Futures Trading Commission, the
Securities Investor Protection Corporation, any
self-regulatory organization, and any governmental law
enforcement or regulatory agency.
    (2) The cooperation authorized by paragraph (1) of this
subsection includes, but is not limited to, the following:
        (a) establishing or participating in a central
    depository or depositories for registration under this Act
    and for documents or records required under this Act;
        (b) making a joint audit, inspection, examination, or
    investigation;
        (c) holding a joint administrative hearing;
        (d) filing and prosecuting a joint civil or criminal
    proceeding;
        (e) sharing and exchanging personnel;
        (f) sharing and exchanging information and documents;
    or
        (g) issuing any joint statement or policy.
(Source: P.A. 99-182, eff. 1-1-16.)
 
    (Text of Section after amendment by P.A. 100-512)
    Sec. 11. Duties and powers of the Secretary of State.
    A. (1) The administration of this Act is vested in the
Secretary of State, who may from time to time make, amend and
rescind such rules and regulations as may be necessary to carry
out this Act, including rules and regulations governing
procedures of registration, statements, applications and
reports for various classes of securities, persons and matters
within his or her jurisdiction and defining any terms, whether
or not used in this Act, insofar as the definitions are not
inconsistent with this Act. The rules and regulations adopted
by the Secretary of State under this Act shall be effective in
the manner provided for in the Illinois Administrative
Procedure Act.
    (2) Among other things, the Secretary of State shall have
authority, for the purposes of this Act, to prescribe the form
or forms in which required information shall be set forth,
accounting practices, the items or details to be shown in
balance sheets and earning statements, and the methods to be
followed in the preparation of accounts, in the appraisal or
valuation of assets and liabilities, in the determination of
depreciation and depletion, in the differentiation of
recurring and non-recurring income, in the differentiation of
investment and operating income, and in the preparation of
consolidated balance sheets or income accounts of any person,
directly or indirectly, controlling or controlled by the
issuer, or any person under direct or indirect common control
with the issuer.
    (3) No provision of this Act imposing any liability shall
apply to any act done or omitted in good faith in conformity
with any rule or regulation of the Secretary of State under
this Act, notwithstanding that the rule or regulation may,
after the act or omission, be amended or rescinded or be
determined by judicial or other authority to be invalid for any
reason.
    (4) The Securities Department of the Office of the
Secretary of State shall be deemed a criminal justice agency
for purposes of all federal and state laws and regulations and,
in that capacity, shall be entitled to access to any
information available to criminal justice agencies and has the
power to appoint special agents to conduct all investigations,
searches, seizures, arrests, and other duties imposed under the
provisions of any law administered by the Department. The
special agents have and may exercise all the powers of peace
officers solely for the purpose of enforcing provisions of this
Act.
    The Director must authorize to each special agent employed
under this Section a distinct badge that, on its face, (i)
clearly states that the badge is authorized by the Department
and (ii) contains a unique and identifying number.
    Special agents shall comply with all training requirements
established for law enforcement officers by provisions of the
Illinois Police Training Act.
    (5) The Secretary of State, by rule, may conditionally or
unconditionally exempt any person, security, or transaction,
or any class or classes of persons, securities, or transactions
from any provision of Section 5, 6, 7, 8, 8a, or 9 of this Act
or of any rule promulgated under these Sections, to the extent
that such exemption is necessary or appropriate in the public
interest, and is consistent with the protection of investors.
    B. The Secretary of State may, anything in this Act to the
contrary notwithstanding, require financial statements and
reports of the issuer, dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative as
often as circumstances may warrant. In addition, the Secretary
of State may secure information or books and records from or
through others and may make or cause to be made investigations
respecting the business, affairs, and property of the issuer of
securities, any person involved in the sale or offer for sale,
purchase or offer to purchase of any mineral investment
contract, mineral deferred delivery contract, or security and
of dealers, Internet portals, salespersons, investment
advisers, and investment adviser representatives that are
registered or are the subject of an application for
registration under this Act. The costs of an investigation
shall be borne by the registrant or the applicant, provided
that the registrant or applicant shall not be obligated to pay
the costs without his, her or its consent in advance.
    C. Whenever it shall appear to the Secretary of State,
either upon complaint or otherwise, that this Act, or any rule
or regulation prescribed under authority thereof, has been or
is about to be violated, he or she may, in his or her
discretion, do one or more of the following:
        (1) require or permit the person to file with the
    Secretary of State a statement in writing under oath, or
    otherwise, as to all the facts and circumstances concerning
    the subject matter which the Secretary of State believes to
    be in the public interest to investigate, audit, examine,
    or inspect;
        (2) conduct an investigation, audit, examination, or
    inspection as necessary or advisable for the protection of
    the interests of the public; and
        (3) appoint investigators to conduct all
    investigations, searches, seizures, arrests, and other
    duties imposed under the provisions of any law administered
    by the Department. The Director must authorize to each
    investigator employed under this Section a distinct badge
    that, on its face, (i) clearly states that the badge is
    authorized by the Department and (ii) contains a unique and
    identifying number.
    D. (1) For the purpose of all investigations, audits,
examinations, or inspections which in the opinion of the
Secretary of State are necessary and proper for the enforcement
of this Act, the Secretary of State or a person designated by
him or her is empowered to administer oaths and affirmations,
subpoena witnesses, take evidence, and require, by subpoena or
other lawful means provided by this Act or the rules adopted by
the Secretary of State, the production of any books and
records, papers, or other documents which the Secretary of
State or a person designated by him or her deems relevant or
material to the inquiry.
    (2) The Secretary of State or a person designated by him or
her is further empowered to administer oaths and affirmations,
subpoena witnesses, take evidence, and require the production
of any books and records, papers, or other documents in this
State at the request of a securities agency of another state,
if the activities constituting the alleged violation for which
the information is sought would be in violation of Section 12
of this Act if the activities had occurred in this State.
    (3) The Circuit Court of any County of this State, upon
application of the Secretary of State or a person designated by
him or her may order the attendance of witnesses, the
production of books and records, papers, accounts and documents
and the giving of testimony before the Secretary of State or a
person designated by him or her; and any failure to obey the
order may be punished by the Circuit Court as a contempt
thereof.
    (4) The fees of subpoenaed witnesses under this Act for
attendance and travel shall be the same as fees of witnesses
before the Circuit Courts of this State, to be paid when the
witness is excused from further attendance, provided, the
witness is subpoenaed at the instance of the Secretary of
State; and payment of the fees shall be made and audited in the
same manner as other expenses of the Secretary of State.
    (5) Whenever a subpoena is issued at the request of a
complainant or respondent as the case may be, the Secretary of
State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the
witness is summoned.
    (6) The Secretary of State shall have power at his or her
discretion, to require a deposit to cover the cost of the
service and witness fees and the payment of the legal witness
fee and mileage to the witness served with subpoena.
    (7) A subpoena issued under this Act shall be served in the
same manner as a subpoena issued out of a circuit court.
    (8) The Secretary of State may in any investigation,
audits, examinations, or inspections cause the taking of
depositions of persons residing within or without this State in
the manner provided in civil actions under the laws of this
State.
    E. Anything in this Act to the contrary notwithstanding:
        (1) If the Secretary of State shall find that the offer
    or sale or proposed offer or sale or method of offer or
    sale of any securities by any person, whether exempt or
    not, in this State, is fraudulent, or would work or tend to
    work a fraud or deceit, or is being offered or sold in
    violation of Section 12, or there has been a failure or
    refusal to submit any notification filing or fee required
    under this Act, the Secretary of State may by written order
    prohibit or suspend the offer or sale of securities by that
    person or deny or revoke the registration of the securities
    or the exemption from registration for the securities.
        (2) If the Secretary of State shall find that any
    person has violated subsection C, D, E, F, G, H, I, J, or K
    of Section 12 of this Act, the Secretary of State may by
    written order temporarily or permanently prohibit or
    suspend the person from offering or selling any securities,
    any mineral investment contract, or any mineral deferred
    delivery contract in this State, provided that any person
    who is the subject of an order of permanent prohibition may
    petition the Secretary of State for a hearing to present
    evidence of rehabilitation or change in circumstances
    justifying the amendment or termination of the order of
    permanent prohibition.
        (3) If the Secretary of State shall find that any
    person is engaging or has engaged in the business of
    selling or offering for sale securities as a dealer,
    Internet portal, or salesperson or is acting or has acted
    as an investment adviser, investment adviser
    representative, or federal covered investment adviser,
    without prior thereto and at the time thereof having
    complied with the registration or notice filing
    requirements of this Act, the Secretary of State may by
    written order prohibit or suspend the person from engaging
    in the business of selling or offering for sale securities,
    or acting as an investment adviser, investment adviser
    representative, or federal covered investment adviser, in
    this State.
        (4) In addition to any other sanction or remedy
    contained in this subsection E, the Secretary of State,
    after finding that any provision of this Act has been
    violated, may impose a fine as provided by rule, regulation
    or order not to exceed $10,000 for each violation of this
    Act, may issue an order of public censure against the
    violator, and may charge as costs of investigation all
    reasonable expenses, including attorney's fees and witness
    fees.
    F. (1) The Secretary of State shall not deny, suspend or
revoke the registration of securities, suspend or revoke the
registration of a dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative,
prohibit or suspend the offer or sale of any securities,
prohibit or suspend any person from offering or selling any
securities in this State, prohibit or suspend a dealer or
salesperson from engaging in the business of selling or
offering for sale securities, prohibit or suspend a person from
acting as an investment adviser or federal covered investment
adviser, or investment adviser representative, impose any fine
for violation of this Act, issue an order of public censure, or
enter into an agreed settlement except after an opportunity for
hearing upon not less than 10 days notice given by personal
service or registered mail or certified mail, return receipt
requested, to the person or persons concerned. Such notice
shall state the date and time and place of the hearing and
shall contain a brief statement of the proposed action of the
Secretary of State and the grounds for the proposed action. A
failure to appear at the hearing or otherwise respond to the
allegations set forth in the notice of hearing shall constitute
an admission of any facts alleged therein and shall constitute
sufficient basis to enter an order.
    (2) Anything herein contained to the contrary
notwithstanding, the Secretary of State may temporarily
prohibit or suspend, for a maximum period of 90 days, by an
order effective immediately, the offer or sale or registration
of securities, the registration of a dealer, Internet portal,
salesperson, investment adviser, or investment adviser
representative, or the offer or sale of securities by any
person, or the business of rendering investment advice, without
the notice and prior hearing in this subsection prescribed, if
the Secretary of State shall in his or her opinion, based on
credible evidence, deem it necessary to prevent an imminent
violation of this Act or to prevent losses to investors which
the Secretary of State reasonably believes will occur as a
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