101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5297

 

Introduced , by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/36-7
725 ILCS 150/13.2  was 725 ILCS 150/17

    Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. Provides that forfeiture proceeds collected under those Acts distributed to the drug task force, metropolitan enforcement group, local, municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture may be used for costs associated with school resource officers.


LRB101 17528 RLC 66943 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5297LRB101 17528 RLC 66943 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 36-7 as follows:
 
6    (720 ILCS 5/36-7)
7    Sec. 36-7. Distribution of proceeds; selling or retaining
8seized property prohibited.
9    (a) Except as otherwise provided in this Section, the court
10shall order that property forfeited under this Article be
11delivered to the Department of State Police within 60 days.
12    (b) The Department of State Police or its designee shall
13dispose of all property at public auction and shall distribute
14the proceeds of the sale, together with any moneys forfeited or
15seized, under subsection (c) of this Section.
16    (c) All moneys and the sale proceeds of all other property
17forfeited and seized under this Act shall be distributed as
18follows:
19        (1) 65% shall be distributed to the drug task force,
20    metropolitan enforcement group, local, municipal, county,
21    or State law enforcement agency or agencies that conducted
22    or participated in the investigation resulting in the
23    forfeiture. The distribution shall bear a reasonable

 

 

HB5297- 2 -LRB101 17528 RLC 66943 b

1    relationship to the degree of direct participation of the
2    law enforcement agency in the effort resulting in the
3    forfeiture, taking into account the total value of the
4    property forfeited and the total law enforcement effort
5    with respect to the violation of the law upon which the
6    forfeiture is based. Amounts distributed to the agency or
7    agencies shall be used, at the discretion of the agency,
8    for the enforcement of criminal laws; costs associated with
9    school resource officers; or for public education in the
10    community or schools in the prevention or detection of the
11    abuse of drugs or alcohol; or for security cameras used for
12    the prevention or detection of violence, except that
13    amounts distributed to the Secretary of State shall be
14    deposited into the Secretary of State Evidence Fund to be
15    used as provided in Section 2-115 of the Illinois Vehicle
16    Code.
17        Any local, municipal, or county law enforcement agency
18    entitled to receive a monetary distribution of forfeiture
19    proceeds may share those forfeiture proceeds pursuant to
20    the terms of an intergovernmental agreement with a
21    municipality that has a population in excess of 20,000 if:
22            (A) the receiving agency has entered into an
23        intergovernmental agreement with the municipality to
24        provide police services;
25            (B) the intergovernmental agreement for police
26        services provides for consideration in an amount of not

 

 

HB5297- 3 -LRB101 17528 RLC 66943 b

1        less than $1,000,000 per year;
2            (C) the seizure took place within the geographical
3        limits of the municipality; and
4            (D) the funds are used only for the enforcement of
5        criminal laws; costs associated with school resource
6        officers; for public education in the community or
7        schools in the prevention or detection of the abuse of
8        drugs or alcohol; or for security cameras used for the
9        prevention or detection of violence or the
10        establishment of a municipal police force, including
11        the training of officers, construction of a police
12        station, the purchase of law enforcement equipment, or
13        vehicles.
14        (2) 12.5% shall be distributed to the Office of the
15    State's Attorney of the county in which the prosecution
16    resulting in the forfeiture was instituted, deposited in a
17    special fund in the county treasury and appropriated to the
18    State's Attorney for use, at the discretion of the State's
19    Attorney, in the enforcement of criminal laws; or for
20    public education in the community or schools in the
21    prevention or detection of the abuse of drugs or alcohol;
22    or at the discretion of the State's Attorney, in addition
23    to other authorized purposes, to make grants to local
24    substance abuse treatment facilities and half-way houses.
25    In counties over 3,000,000 population, 25% will be
26    distributed to the Office of the State's Attorney for use,

 

 

HB5297- 4 -LRB101 17528 RLC 66943 b

1    at the discretion of the State's Attorney, in the
2    enforcement of criminal laws; or for public education in
3    the community or schools in the prevention or detection of
4    the abuse of drugs or alcohol; or at the discretion of the
5    State's Attorney, in addition to other authorized
6    purposes, to make grants to local substance abuse treatment
7    facilities and half-way houses. If the prosecution is
8    undertaken solely by the Attorney General, the portion
9    provided shall be distributed to the Attorney General for
10    use in the enforcement of criminal laws governing cannabis
11    and controlled substances or for public education in the
12    community or schools in the prevention or detection of the
13    abuse of drugs or alcohol.
14        12.5% shall be distributed to the Office of the State's
15    Attorneys Appellate Prosecutor and shall be used at the
16    discretion of the State's Attorneys Appellate Prosecutor
17    for additional expenses incurred in the investigation,
18    prosecution and appeal of cases arising in the enforcement
19    of criminal laws; or for public education in the community
20    or schools in the prevention or detection of the abuse of
21    drugs or alcohol. The Office of the State's Attorneys
22    Appellate Prosecutor shall not receive distribution from
23    cases brought in counties with over 3,000,000 population.
24        (3) 10% shall be retained by the Department of State
25    Police for expenses related to the administration and sale
26    of seized and forfeited property.

 

 

HB5297- 5 -LRB101 17528 RLC 66943 b

1    (d) A law enforcement agency shall not retain forfeited
2property for its own use or transfer the property to any person
3or entity, except as provided under this Section. A law
4enforcement agency may apply in writing to the Director of
5State Police to request that forfeited property be awarded to
6the agency for a specifically articulated official law
7enforcement use in an investigation. The Director of State
8Police shall provide a written justification in each instance
9detailing the reasons why the forfeited property was placed
10into official use, and the justification shall be retained for
11a period of not less than 3 years.
12(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
13    Section 10. The Drug Asset Forfeiture Procedure Act is
14amended by changing Section 13.2 as follows:
 
15    (725 ILCS 150/13.2)  (was 725 ILCS 150/17)
16    Sec. 13.2. Distribution of proceeds; selling or retaining
17seized property prohibited.
18    (a) Except as otherwise provided in this Section, the court
19shall order that property forfeited under this Act be delivered
20to the Department of State Police within 60 days.
21    (b) All moneys and the sale proceeds of all other property
22forfeited and seized under this Act shall be distributed as
23follows:
24        (1)(i) 65% shall be distributed to the metropolitan

 

 

HB5297- 6 -LRB101 17528 RLC 66943 b

1    enforcement group, local, municipal, county, or State law
2    enforcement agency or agencies that conducted or
3    participated in the investigation resulting in the
4    forfeiture. The distribution shall bear a reasonable
5    relationship to the degree of direct participation of the
6    law enforcement agency in the effort resulting in the
7    forfeiture, taking into account the total value of the
8    property forfeited and the total law enforcement effort
9    with respect to the violation of the law upon which the
10    forfeiture is based. Amounts distributed to the agency or
11    agencies shall be used for the enforcement of laws
12    governing cannabis and controlled substances; costs
13    associated with school resource officers; for public
14    education in the community or schools in the prevention or
15    detection of the abuse of drugs or alcohol; or for security
16    cameras used for the prevention or detection of violence,
17    except that amounts distributed to the Secretary of State
18    shall be deposited into the Secretary of State Evidence
19    Fund to be used as provided in Section 2-115 of the
20    Illinois Vehicle Code.
21        (ii) Any local, municipal, or county law enforcement
22    agency entitled to receive a monetary distribution of
23    forfeiture proceeds may share those forfeiture proceeds
24    pursuant to the terms of an intergovernmental agreement
25    with a municipality that has a population in excess of
26    20,000 if:

 

 

HB5297- 7 -LRB101 17528 RLC 66943 b

1            (A) the receiving agency has entered into an
2        intergovernmental agreement with the municipality to
3        provide police services;
4            (B) the intergovernmental agreement for police
5        services provides for consideration in an amount of not
6        less than $1,000,000 per year;
7            (C) the seizure took place within the geographical
8        limits of the municipality; and
9            (D) the funds are used only for the enforcement of
10        laws governing cannabis and controlled substances;
11        costs associated with school resource officers; for
12        public education in the community or schools in the
13        prevention or detection of the abuse of drugs or
14        alcohol; or for security cameras used for the
15        prevention or detection of violence or the
16        establishment of a municipal police force, including
17        the training of officers, construction of a police
18        station, or the purchase of law enforcement equipment
19        or vehicles.
20        (2)(i) 12.5% shall be distributed to the Office of the
21    State's Attorney of the county in which the prosecution
22    resulting in the forfeiture was instituted, deposited in a
23    special fund in the county treasury and appropriated to the
24    State's Attorney for use in the enforcement of laws
25    governing cannabis and controlled substances; for public
26    education in the community or schools in the prevention or

 

 

HB5297- 8 -LRB101 17528 RLC 66943 b

1    detection of the abuse of drugs or alcohol; or, at the
2    discretion of the State's Attorney, in addition to other
3    authorized purposes, to make grants to local substance
4    abuse treatment facilities and half-way houses. In
5    counties over 3,000,000 population, 25% shall be
6    distributed to the Office of the State's Attorney for use
7    in the enforcement of laws governing cannabis and
8    controlled substances; for public education in the
9    community or schools in the prevention or detection of the
10    abuse of drugs or alcohol; or at the discretion of the
11    State's Attorney, in addition to other authorized
12    purposes, to make grants to local substance abuse treatment
13    facilities and half-way houses. If the prosecution is
14    undertaken solely by the Attorney General, the portion
15    provided shall be distributed to the Attorney General for
16    use in the enforcement of laws governing cannabis and
17    controlled substances or for public education in the
18    community or schools in the prevention or detection of the
19    abuse of drugs or alcohol.
20        (ii) 12.5% shall be distributed to the Office of the
21    State's Attorneys Appellate Prosecutor and deposited in
22    the Narcotics Profit Forfeiture Fund of that office to be
23    used for additional expenses incurred in the
24    investigation, prosecution and appeal of cases arising
25    under laws governing cannabis and controlled substances,
26    together with administrative expenses, and for legal

 

 

HB5297- 9 -LRB101 17528 RLC 66943 b

1    education or for public education in the community or
2    schools in the prevention or detection of the abuse of
3    drugs or alcohol. The Office of the State's Attorneys
4    Appellate Prosecutor shall not receive distribution from
5    cases brought in counties with over 3,000,000 population.
6        (3) 10% shall be retained by the Department of State
7    Police for expenses related to the administration and sale
8    of seized and forfeited property.
9(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
10101-10, eff. 6-5-19.)