101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1528

 

Introduced 2/15/2019, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts concerning forfeiture, including the Criminal Code of 2012, Code of Criminal Procedure of 1963, and the Drug Asset Forfeiture Procedure Act. Changes terminology of forfeiture and seizure to terms including property taken by the government during an arrest and government taking. Provides that standardized forms regarding property taken by the government during an arrest, including a hardship motion, verified claim, and answer to a complaint, as determined by the Supreme Court, shall be used statewide. Amends the Statute on Statutes. Provides that no prior precedent or case law is intended to be affected by the amendatory Act by the changing of statutory language related to what was previously known as civil asset forfeiture.


LRB101 06797 SLF 51824 b

 

 

A BILL FOR

 

SB1528LRB101 06797 SLF 51824 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 Statute on Statutes is amended by adding
5Section 1.39-5 as follows:
 
6    (5 ILCS 70/1.39-5 new)
7    Sec. 1.39-5. Forfeiture terminology. No prior precedent or
8case law is intended to be affected by this amendatory Act of
9the 101st General Assembly by the changing of statutory
10language related to what was previously known as civil asset
11forfeiture.
 
12    Section 10. The Seizure and Forfeiture Reporting Act is
13amended by changing Sections 5, 10, and 20 as follows:
 
14    (5 ILCS 810/5)
15    Sec. 5. Applicability. This Act is applicable to property
16taken by the government during an arrest seized or forfeited
17under the following provisions of law:
18        (1) Section 3.23 of the Illinois Food, Drug and
19    Cosmetic Act;
20        (2) Section 44.1 of the Environmental Protection Act;
21        (3) Section 105-55 of the Herptiles-Herps Act;

 

 

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1        (4) Section 1-215 of the Fish and Aquatic Life Code;
2        (5) Section 1.25 of the Wildlife Code;
3        (6) Section 17-10.6 of the Criminal Code of 2012
4    (financial institution fraud);
5        (7) Section 28-5 of the Criminal Code of 2012
6    (gambling);
7        (8) Article 29B of the Criminal Code of 2012 (money
8    laundering);
9        (9) Article 33G of the Criminal Code of 2012 (Illinois
10    Street Gang and Racketeer Influenced And Corrupt
11    Organizations Law);
12        (10) Article 36 of the Criminal Code of 2012
13    (government taking seizure and forfeiture of vessels,
14    vehicles, and aircraft);
15        (11) Section 47-15 of the Criminal Code of 2012
16    (dumping garbage upon real property);
17        (12) Article 124B of the Code of Criminal procedure
18    (government taking forfeiture);
19        (13) Drug Asset Forfeiture Procedure Act;
20        (14) Narcotics Profit Forfeiture Act;
21        (15) Illinois Streetgang Terrorism Omnibus Prevention
22    Act; and
23        (16) Illinois Securities Law of 1953.
24(Source: P.A. 100-512, eff. 7-1-18.)
 
25    (5 ILCS 810/10)

 

 

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1    Sec. 10. Reporting by law enforcement agency.
2    (a) Each law enforcement agency that takes seizes property
3during an arrest is subject to reporting under this Act shall
4report the following information about property taken by the
5government during an arrest seized or forfeited under State
6law:
7        (1) the name of the law enforcement agency that took
8    seized the property;
9        (2) the date of the government taking seizure;
10        (3) the type of property taken seized, including a
11    building, vehicle, boat, cash, negotiable security, or
12    firearm, except reporting is not required for government
13    takings seizures of contraband including alcohol, gambling
14    devices, drug paraphernalia, and controlled substances;
15        (4) a description of the property subject to government
16    taking during an arrest seized and the estimated value of
17    the property and if the property is a conveyance, the
18    description shall include the make, model, year, and
19    vehicle identification number or serial number; and
20        (5) the location where the government taking seizure
21    occurred.
22    The filing requirement shall be met upon filing Illinois
23State Police Notice/Inventory of Seized Property (Form 4-64)
24with the State's Attorney's Office in the county where the
25government taking forfeiture action is being commenced or with
26the Attorney General's Office if the forfeiture action is being

 

 

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1commenced by that office, and the forwarding of Form 4-64 upon
2approval of the State's Attorney's Office or the Attorney
3General's Office to the Department of State Police Asset
4Forfeiture Section. With regard to property taken by the
5government during an arrest seizures for which Form 4-64 is not
6required to be filed, the filing requirement shall be met by
7the filing of an annual summary report with the Department of
8State Police no later than 60 days after December 31 of that
9year.
10    (b) Each law enforcement agency, including a drug task
11force or Metropolitan Enforcement Group (MEG) unit, that
12receives proceeds from property taken by the government during
13an arrest forfeitures subject to reporting under this Act shall
14file an annual report with the Department of State Police no
15later than 60 days after December 31 of that year. The format
16of the report shall be developed by the Department of State
17Police and shall be completed by the law enforcement agency.
18The report shall include, at a minimum, the amount of funds and
19other property distributed to the law enforcement agency by the
20Department of State Police, the amount of funds expended by the
21law enforcement agency, and the category of expenditure,
22including:
23        (1) crime, gang, or abuse prevention or intervention
24    programs;
25        (2) compensation or services for crime victims;
26        (3) witness protection, informant fees, and controlled

 

 

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1    purchases of contraband;
2        (4) salaries, overtime, and benefits, as permitted by
3    law;
4        (5) operating expenses, including, but not limited to,
5    capital expenditures for vehicles, firearms, equipment,
6    computers, furniture, office supplies, postage, printing,
7    membership fees paid to trade associations, and fees for
8    professional services including auditing, court reporting,
9    expert witnesses, and attorneys;
10        (6) travel, meals, entertainment, conferences,
11    training, and continuing education seminars; and
12        (7) other expenditures of forfeiture proceeds.
13    (c) The Department of State Police shall establish and
14maintain on its official website a public database that
15includes annual aggregate data for each law enforcement agency
16that reports government takings seizures of property under
17subsection (a) of this Section, that receives distributions of
18forfeiture proceeds subject to reporting under this Act, or
19reports expenditures under subsection (b) of this Section. This
20aggregate data shall include, for each law enforcement agency:
21        (1) the total number of government takings asset
22    seizures reported by each law enforcement agency during the
23    calendar year;
24        (2) the monetary value of all currency or its
25    equivalent taken seized by the law enforcement agency
26    during the calendar year;

 

 

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1        (3) the number of conveyances taken seized by the law
2    enforcement agency during the calendar year, and the
3    aggregate estimated value;
4        (4) the aggregate estimated value of all other property
5    subject to government taking during an arrest seized by the
6    law enforcement agency during the calendar year;
7        (5) the monetary value of distributions by the
8    Department of State Police of forfeited currency subject to
9    government taking or auction proceeds from taken forfeited
10    property to the law enforcement agency during the calendar
11    year; and
12        (6) the total amount of the law enforcement agency's
13    expenditures of forfeiture proceeds during the calendar
14    year, categorized as provided under subsection (b) of this
15    Section.
16    The database shall not provide names, addresses, phone
17numbers, or other personally identifying information of owners
18or interest holders, persons, business entities, covert office
19locations, or business entities involved in the government
20taking forfeiture action and shall not disclose the vehicle
21identification number or serial number of any conveyance.
22    (d) The Department of State Police shall adopt rules to
23administer the government taking asset forfeiture program,
24including the categories of authorized expenditures consistent
25with the statutory guidelines for each of the included
26forfeiture statutes, the use of forfeited funds, other

 

 

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1expenditure requirements, and the reporting of seizure and
2forfeiture information related to property taken by government
3during an arrest. The Department may adopt rules necessary to
4implement this Act through the use of emergency rulemaking
5under Section 5-45 of the Illinois Administrative Procedure Act
6for a period not to exceed 180 days after the effective date of
7this Act.
8    (e) The Department of State Police shall have authority and
9oversight over all law enforcement agencies receiving
10forfeited funds subject to government taking from the
11Department. This authority shall include enforcement of rules
12and regulations adopted by the Department and sanctions for
13violations of any rules and regulations, including the
14withholding of distributions of forfeiture proceeds from the
15law enforcement agency in violation.
16    (f) Upon application by a law enforcement agency to the
17Department of State Police, the reporting of a particular asset
18subject to government taking forfeited under this Section may
19be delayed if the asset in question was taken seized from a
20person who has become a confidential informant under the
21agency's confidential informant policy, or if the asset was
22taken seized as part of an ongoing investigation. This delayed
23reporting shall be granted by the Department of State Police
24for a maximum period of 6 months if the confidential informant
25is still providing cooperation to law enforcement or the
26investigation is still ongoing, after which the asset shall be

 

 

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1reported as required under this Act.
2    (g) The Department of State Police shall, on or before
3January 1, 2019, establish and implement the requirements of
4this Act. In order to implement the reporting and public
5database requirements under this Act, the Department of State
6Police Asset Forfeiture Section requires a one-time upgrade of
7its information technology software and hardware. This
8one-time upgrade shall be funded by a temporary allocation of
95% of all forfeited currency subject to government taking and
105% of the auction proceeds from each forfeited asset, which are
11to be distributed after the effective date of this Act. The
12Department of State Police shall transfer these funds at the
13time of distribution to a separate fund established by the
14Department of State Police. Moneys deposited in this fund shall
15be accounted for and shall be used only to pay for the actual
16one-time cost of purchasing and installing the hardware and
17software required to comply with this new reporting and public
18database requirement. Moneys deposited in the fund shall not be
19subject to reappropriation, reallocation, or redistribution
20for any other purpose. After sufficient funds are transferred
21to the fund to cover the actual one-time cost of purchasing and
22installing the hardware and software required to comply with
23this new reporting and public database requirement, no
24additional funds shall be transferred to the fund for any
25purpose. At the completion of the one-time upgrade of the
26information technology hardware and software to comply with

 

 

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1this new reporting and public database requirement, any
2remaining funds in the fund shall be returned to the
3participating agencies under the distribution requirements of
4the statutes from which the funds were transferred, and the
5fund shall no longer exist.
6    (h)(1) The Department of State Police, in consultation with
7and subject to the approval of the Chief Procurement Officer,
8may procure a single contract or multiple contracts to
9implement this Act.
10    (2) A contract or contracts under this subsection (h) are
11not subject to the Illinois Procurement Code, except for
12Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
13Code, provided that the Chief Procurement Officer may, in
14writing with justification, waive any certification required
15under Article 50 of the Illinois Procurement Code. The
16provisions of this paragraph (2), other than this sentence, are
17inoperative on and after July 1, 2019.
18(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
19    (5 ILCS 810/20)
20    Sec. 20. Applicability. This Act and the changes made to
21this Act by Public Act 100-699 only apply to property taken by
22the government during an arrest seized on and after July 1,
232018.
24(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 

 

 

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1    Section 15. The Illinois Food, Drug and Cosmetic Act is
2amended by changing Section 3.23 as follows:
 
3    (410 ILCS 620/3.23)
4    Sec. 3.23. Legend drug prohibition.
5    (a) In this Section:
6    "Legend drug" means a drug limited by the Federal Food,
7Drug and Cosmetic Act to being dispensed by or upon a medical
8practitioner's prescription because the drug is:
9        (1) habit forming;
10        (2) toxic or having potential for harm; or
11        (3) limited in use by the new drug application for the
12    drug to use only under a medical practitioner's
13    supervision.
14    "Medical practitioner" means any person licensed to
15practice medicine in all its branches in the State.
16    "Deliver" or "delivery" means the actual, constructive, or
17attempted transfer of possession of a legend drug, with or
18without consideration, whether or not there is an agency
19relationship.
20    "Manufacture" means the production, preparation,
21propagation, compounding, conversion, or processing of a
22legend drug, either directly or indirectly, by extraction from
23substances of natural origin, or independently by means of
24chemical synthesis, or by a combination of extraction and
25chemical synthesis, and includes any packaging or repackaging

 

 

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1of the substance or labeling of its container. "Manufacture"
2does not include:
3        (1) by an ultimate user, the preparation or compounding
4    of a legend drug for his or her own use; or
5        (2) by a medical practitioner, or his or her authorized
6    agent under his or her supervision, the preparation,
7    compounding, packaging, or labeling of a legend drug:
8            (A) as an incident to his or her administering or
9        dispensing of a legend drug in the course of his or her
10        professional practice; or
11            (B) as an incident to lawful research, teaching, or
12        chemical analysis and not for sale.
13    "Prescription" has the same meaning ascribed to it in
14Section 3 of the Pharmacy Practice Act.
15    (b) It is unlawful for any person to knowingly manufacture
16or deliver or possess with the intent to manufacture or deliver
17a legend drug of 6 or more pills, tablets, capsules, or caplets
18or 30 ml or more of a legend drug in liquid form who is not
19licensed by applicable law to prescribe or dispense legend
20drugs or is not an employee of the licensee operating in the
21normal course of business under the supervision of the
22licensee. Any person who violates this Section is guilty of a
23Class 3 felony, the fine for which shall not exceed $100,000. A
24person convicted of a second or subsequent violation of this
25Section is guilty of a Class 1 felony, the fine for which shall
26not exceed $250,000.

 

 

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1    (c) The following are subject to taking by the government
2during an arrest forfeiture:
3        (1) (blank);
4        (2) all raw materials, products, and equipment of any
5    kind which are used, or intended for use, in manufacturing,
6    distributing, dispensing, administering, or possessing any
7    substance in violation of this Section;
8        (3) all conveyances, including aircraft, vehicles, or
9    vessels, which are used, or intended for use, to transport,
10    or in any manner to facilitate the transportation, sale,
11    receipt, possession, or concealment of any substance
12    manufactured, distributed, dispensed, or possessed in
13    violation of this Section or property described in
14    paragraph (2) of this subsection (c), but:
15            (A) no conveyance used by any person as a common
16        carrier in the transaction of business as a common
17        carrier is subject to taking during an arrest by the
18        government forfeiture under this Section unless it
19        appears that the owner or other person in charge of the
20        conveyance is a consenting party or privy to the
21        violation;
22            (B) no conveyance is subject to taking during an
23        arrest by the government forfeiture under this Section
24        by reason of any act or omission which the owner proves
25        to have been committed or omitted without his or her
26        knowledge or consent; and

 

 

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1            (C) taking a forfeiture of a conveyance encumbered
2        by a bona fide security interest is subject to the
3        interest of the secured party if he or she neither had
4        knowledge of nor consented to the act or omission;
5        (4) all money, things of value, books, records, and
6    research products and materials including formulas,
7    microfilm, tapes, and data that are used, or intended to be
8    used, in violation of this Section;
9        (5) everything of value furnished, or intended to be
10    furnished, in exchange for a substance in violation of this
11    Section, all proceeds traceable to such an exchange, and
12    all moneys, negotiable instruments, and securities used,
13    or intended to be used, to commit or in any manner to
14    facilitate any violation of this Section; and
15        (6) all real property, including any right, title, and
16    interest, including, but not limited to, any leasehold
17    interest or the beneficial interest in a land trust, in the
18    whole of any lot or tract of land and any appurtenances or
19    improvements, which is used or intended to be used, in any
20    manner or part, to commit, or in any manner to facilitate
21    the commission of, any violation or act that constitutes a
22    violation of this Section or that is the proceeds of any
23    violation or act that constitutes a violation of this
24    Section.
25    (d) Property subject to taking during an arrest by the
26government forfeiture under this Act may be taken seized under

 

 

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1the Drug Asset Forfeiture Procedure Act. In the event of
2government taking seizure, forfeiture proceedings shall be
3instituted under the Drug Asset Forfeiture Procedure Act.
4    (e) Property taken by the government during an arrest
5Forfeiture under this Act is subject to an 8th Amendment to the
6United States Constitution disproportionate penalties analysis
7as provided under Section 9.5 of the Drug Asset Forfeiture
8Procedure Act.
9    (f) With regard to possession of legend drug offenses only,
10a sum of currency with a value of less than $500 shall not be
11subject to government taking forfeiture under this Act. For all
12other offenses under this Act, a sum of currency with a value
13of less than $100 shall not be subject to government taking
14forfeiture under this Act. In the case of seizures of currency
15in excess of these amounts, this Section shall not create an
16exemption for these amounts.
17    (f-5) For felony offenses involving possession of legend
18drug only, no property shall be subject to government taking
19during an arrest forfeiture under this Act because of the
20possession of less than 2 single unit doses of a legend drug.
21This exemption shall not apply in instances when the possessor,
22or another person at the direction of the possessor, is engaged
23in the destruction of any amount of a legend drug. The amount
24of a single unit dose shall be the State's burden to prove in
25its case in chief.
26    (g) If the Department suspends or revokes a registration,

 

 

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1all legend drugs owned or possessed by the registrant at the
2time of suspension or the effective date of the revocation
3order may be placed under seal. No disposition may be made of
4substances under seal until the time for taking an appeal has
5elapsed or until all appeals have been concluded unless a
6court, upon application therefor, orders the sale of perishable
7substances and the deposit of the proceeds of the sale with the
8court. Upon a revocation rule becoming final, all substances
9are subject to government taking seizure and forfeiture under
10the Drug Asset Forfeiture Procedure Act.
11    (h) (Blank).
12    (i) (Blank).
13    (j) Contraband, including legend drugs possessed without a
14prescription or other authorization under State or federal law,
15is not subject to government taking during an arrest
16forfeiture. No property right exists in contraband. Contraband
17is subject to government taking seizure and shall be disposed
18of according to State law.
19    (k) The changes made to this Section by Public Act 100-512
20and Public Act 100-699 only apply to property taken by the
21government during an arrest seized on and after July 1, 2018.
22(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
23100-1163, eff. 12-20-18.)
 
24    Section 20. The Environmental Protection Act is amended by
25changing Section 44.1 as follows:
 

 

 

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1    (415 ILCS 5/44.1)
2    Sec. 44.1. (a) In addition to all other civil and criminal
3penalties provided by law, any person convicted of a criminal
4violation of this Act or the regulations adopted thereunder
5shall be subject to government taking during an arrest by
6forfeit to the State (1) an amount equal to the value of all
7profits earned, savings realized, and benefits incurred as a
8direct or indirect result of such violation, and (2) any
9vehicle or conveyance used in the perpetration of such
10violation, except as provided in subsection (b).
11    (b) Government taking Forfeiture of conveyances shall be
12subject to the following exceptions:
13        (1) No conveyance used by any person as a common
14    carrier in the transaction of business as a common carrier
15    is subject to government taking forfeiture under this
16    Section unless it is proven that the owner or other person
17    in charge of the conveyance consented to or was privy to
18    the covered violation.
19        (2) No conveyance is subject to government taking
20    forfeiture under this Section by reason of any covered
21    violation which the owner proves to have been committed
22    without his or her knowledge or consent.
23        (3) Government taking A forfeiture of a conveyance
24    encumbered by a bona fide security interest is subject to
25    the interest of the secured party if he or she neither had

 

 

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1    knowledge of nor consented to the covered violation.
2    (c) Except as provided in subsection (d), all property
3subject to government taking forfeiture under this Section
4shall be taken seized pursuant to the order of a circuit court.
5    (d) Property subject to government taking forfeiture under
6this Section may be taken seized by the Director or any peace
7officer without process:
8        (1) if the government taking seizure is incident to an
9    inspection under an administrative inspection warrant, or
10    incident to the execution of a criminal search or arrest
11    warrant;
12        (2) if the property subject to government taking
13    seizure has been the subject of a prior judgment in favor
14    of the State in a criminal proceeding, or in an injunction
15    or forfeiture proceeding based upon this Act; or
16        (3) if there is probable cause to believe that the
17    property is directly or indirectly dangerous to health or
18    safety.
19    (e) Property taken or detained under this Section shall not
20be subject to eviction or replevin, but is deemed to be in the
21custody of the Director subject only to the order and judgments
22of the circuit court having jurisdiction over the forfeiture
23proceedings. When property is subject to government taking
24seized under this Act, the Director may:
25        (1) place the property under seal;
26        (2) secure the property or remove the property to a

 

 

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1    place designated by him or her; or
2        (3) require the sheriff of the county in which the
3    government taking seizure occurs to take custody of the
4    property and secure or remove it to an appropriate location
5    for disposition in accordance with law.
6    (f) All amounts taken forfeited under item (1) of
7subsection (a) shall be apportioned in the following manner:
8        (1) 40% shall be deposited in the Hazardous Waste Fund
9    created in Section 22.2;
10        (2) 30% shall be paid to the office of the Attorney
11    General or the State's Attorney of the county in which the
12    violation occurred, whichever brought and prosecuted the
13    action; and
14        (3) 30% shall be paid to the law enforcement agency
15    which investigated the violation.
16    Any funds received under this subsection (f) shall be used
17solely for the enforcement of the environmental protection laws
18of this State.
19    (g) When property is subject to government taking forfeited
20under this Section the court may order:
21        (1) that the property shall be made available for the
22    official use of the Agency, the Office of the Attorney
23    General, the State's Attorney of the county in which the
24    violation occurred, or the law enforcement agency which
25    investigated the violation, to be used solely for the
26    enforcement of the environmental protection laws of this

 

 

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1    State;
2        (2) the sheriff of the county in which the government
3    taking forfeiture occurs to take custody of the property
4    and remove it for disposition in accordance with law; or
5        (3) the sheriff of the county in which the government
6    taking forfeiture occurs to sell that which is not required
7    to be destroyed by law and which is not harmful to the
8    public. The proceeds of such sale shall be used for payment
9    of all proper expenses of the proceedings for government
10    taking forfeiture and sale, including expenses of seizure,
11    maintenance of custody, advertising and court costs, and
12    the balance, if any, shall be apportioned pursuant to
13    subsection (f).
14    (h) Property taken by the government during an arrest
15seized or forfeited under this Section is subject to reporting
16under the Seizure and Forfeiture Reporting Act.
17(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18;
18100-863, eff. 8-14-18.)
 
19    Section 25. The Fish and Aquatic Life Code is amended by
20changing Section 1-215 as follows:
 
21    (515 ILCS 5/1-215)  (from Ch. 56, par. 1-215)
22    Sec. 1-215. Illegal fishing devices; public nuisance.
23Every fishing device, including seines, nets, or traps, or any
24electrical device or any other devices, including vehicles,

 

 

SB1528- 20 -LRB101 06797 SLF 51824 b

1watercraft, or aircraft, used or operated illegally or
2attempted to be used or operated illegally by any person in
3taking, transporting, holding, or conveying any aquatic life
4contrary to this Code, including administrative rules, shall be
5deemed a public nuisance and therefore illegal and subject to
6government taking during an arrest seizure and confiscation by
7any authorized employee of the Department. Upon the government
8taking seizure of such an item the Department shall take and
9hold the item until disposed of as provided in this Code.
10    Upon the government taking seizure of any device because of
11its illegal use, the officer or authorized employee of the
12Department taking the property making the seizure shall, as
13soon as reasonably possible, cause a complaint to be filed
14before the Circuit Court and a summons to be issued requiring
15the owner or person in possession of the property to appear in
16court and show cause why the device seized should not be be
17subject to government taking by forfeited to the State. Upon
18the return of the summons duly served or upon posting or
19publication of notice as provided in this Code, the court shall
20proceed to determine the question of the illegality of the use
21of the taken seized property. Upon judgment being entered to
22the effect that the property was illegally used, an order shall
23be entered providing for the government taking forfeiture of
24the seized property to the State. The owner of the property,
25however, may have a jury determine the illegality of its use,
26and shall have the right of an appeal as in other civil cases.

 

 

SB1528- 21 -LRB101 06797 SLF 51824 b

1Government taking Confiscation or forfeiture shall not
2preclude or mitigate against prosecution and assessment of
3penalties provided in Section 20-35 of this Code.
4    Upon government taking seizure of any property under
5circumstances supporting a reasonable belief that the property
6was abandoned, lost, stolen, or otherwise illegally possessed
7or used contrary to this Code, except property taken seized
8during a search or arrest, and ultimately returned, destroyed,
9or otherwise disposed of under order of a court in accordance
10with this Code, the authorized employee of the Department shall
11make reasonable inquiry and efforts to identify and notify the
12owner or other person entitled to possession of the property
13and shall return the property after the person provides
14reasonable and satisfactory proof of his or her ownership or
15right to possession and reimburses the Department for all
16reasonable expenses of custody. If the identity or location of
17the owner or other person entitled to possession of the
18property has not been ascertained within 6 months after the
19Department obtains possession, the Department shall effectuate
20the sale of the property for cash to the highest bidder at a
21public auction. The owner or other person entitled to
22possession of the property may claim and recover possession of
23the property at any time before its sale at public auction upon
24providing reasonable and satisfactory proof of ownership or
25right of possession and reimbursing the Department for all
26reasonable expenses of custody.

 

 

SB1528- 22 -LRB101 06797 SLF 51824 b

1    Any property subject to government taking by forfeited to
2the State by court order under this Section may be disposed of
3by public auction, except that any property that is the subject
4of a court order shall not be disposed of pending appeal of the
5order. The proceeds of the sales at auction shall be deposited
6in the Wildlife and Fish Fund.
7    The Department shall pay all costs of posting or
8publication of notices required by this Section.
9    Property taken by the government during an arrest seized or
10forfeited under this Section is subject to reporting under the
11Seizure and Forfeiture Reporting Act.
12(Source: P.A. 100-512, eff. 7-1-18.)
 
13    Section 30. The Wildlife Code is amended by changing
14Section 1.25 as follows:
 
15    (520 ILCS 5/1.25)  (from Ch. 61, par. 1.25)
16    Sec. 1.25. Every hunting or trapping device, vehicle or
17conveyance, when used or operated illegally, or attempted to be
18used or operated illegally by any person in taking,
19transporting, holding, or conveying any wild bird or wild
20mammal, contrary to the provisions of this Act, including
21administrative rules, is a public nuisance and subject to
22government taking during an arrest seizure and confiscation by
23any authorized employee of the Department; upon the government
24taking seizure of such item the Department shall take and hold

 

 

SB1528- 23 -LRB101 06797 SLF 51824 b

1the same until disposed of as hereinafter provided.
2    Upon the government taking seizure of any property as
3herein provided, the authorized employee of the Department
4making the government taking such seizure shall forthwith cause
5a complaint to be filed before the Circuit Court and a summons
6to be issued requiring the person who illegally used or
7operated or attempted to use or operate such property and the
8owner and person in possession of such property to appear in
9court and show cause why the property taken seized should not
10be subject to government taking by forfeited to the State. Upon
11the return of the summons duly served or other notice as herein
12provided, the court shall proceed to determine the question of
13the illegality of the use of the taken seized property subject
14to government taking and upon judgment being entered to the
15effect that such property was illegally used, an order may be
16entered providing for the government taking forfeiture of the
17such seized property to the Department and shall thereupon
18become the property of the Department; but the owner of such
19property may have a jury determine the illegality of its use,
20and shall have the right of an appeal, as in other cases.
21Government taking Such confiscation or forfeiture shall not
22preclude or mitigate against prosecution and assessment of
23penalties otherwise provided in this Act.
24    Upon government taking seizure of any property under
25circumstances supporting a reasonable belief that such
26property was abandoned, lost or stolen or otherwise illegally

 

 

SB1528- 24 -LRB101 06797 SLF 51824 b

1possessed or used contrary to the provisions of this Act,
2except property taken seized during a search or arrest, and
3ultimately returned, destroyed, or otherwise disposed of
4pursuant to order of a court in accordance with this Act, the
5authorized employee of the Department shall make reasonable
6inquiry and efforts to identify and notify the owner or other
7person entitled to possession thereof, and shall return the
8property after such person provides reasonable and
9satisfactory proof of his ownership or right to possession and
10reimburses the Department for all reasonable expenses of such
11custody. If the identity or location of the owner or other
12person entitled to possession of the property has not been
13ascertained within 6 months after the Department obtains such
14possession, the Department shall effectuate the sale of the
15property for cash to the highest bidder at a public auction.
16The owner or other person entitled to possession of such
17property may claim and recover possession of the property at
18any time before its sale at public auction, upon providing
19reasonable and satisfactory proof of ownership or right of
20possession and reimbursing the Department for all reasonable
21expenses of custody thereof.
22    Any property, including guns, taken by forfeited to the
23State by court order pursuant to this Section, may be disposed
24of by public auction, except that any property which is the
25subject of such a court order shall not be disposed of pending
26appeal of the order. The proceeds of the sales at auction shall

 

 

SB1528- 25 -LRB101 06797 SLF 51824 b

1be deposited in the Wildlife and Fish Fund.
2    The Department shall pay all costs of notices required by
3this Section.
4    Property taken by the government during an arrest seized or
5forfeited under this Section is subject to reporting under the
6Seizure and Forfeiture Reporting Act.
7(Source: P.A. 100-512, eff. 7-1-18.)
 
8    Section 35. The Criminal Code of 2012 is amended by
9changing Sections 28-5, 29B-4, 29B-5, 29B-6, 29B-7, 29B-8,
1029B-9, 29B-10, 29B-11, 29B-12, 29B-13, 29B-14, 29B-15, 29B-16,
1129B-17, 29B-18, 29B-19, 29B-20, 29B-21, 29B-22, 29B-23,
1229B-25, 29B-26, 29B-27, 33G-6, 36-1, 36-1.1, 36-1.2, 36-1.3,
1336-1.4, 36-1.5, 36-1a, 36-2, 36-2.1, 36-2.2, 36-2.5, 36-2.7,
1436-3, 36-3.1, 36-4, 36.5-5, 36-6, 36-7, 36-9, and 47-15 as
15follows:
 
16    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
17    Sec. 28-5. Government taking Seizure of gambling devices
18and gambling funds.
19    (a) Every device designed for gambling which is incapable
20of lawful use or every device used unlawfully for gambling
21shall be considered a "gambling device", and shall be subject
22to government taking during an arrest seizure, confiscation and
23destruction by the Department of State Police or by any
24municipal, or other local authority, within whose jurisdiction

 

 

SB1528- 26 -LRB101 06797 SLF 51824 b

1the same may be found. As used in this Section, a "gambling
2device" includes any slot machine, and includes any machine or
3device constructed for the reception of money or other thing of
4value and so constructed as to return, or to cause someone to
5return, on chance to the player thereof money, property or a
6right to receive money or property. With the exception of any
7device designed for gambling which is incapable of lawful use,
8no gambling device shall be subject to government taking
9forfeited or destroyed unless an individual with a property
10interest in said device knows of the unlawful use of the
11device.
12    (b) Every gambling device shall be subject to government
13taking in seized and forfeited to the county wherein the
14government taking such seizure occurs. Any money or other thing
15of value integrally related to acts of gambling shall be
16subject to government taking in seized and forfeited to the
17county wherein the government taking such seizure occurs.
18    (c) If, within 60 days after any property taken by the
19government during an arrest seizure pursuant to subparagraph
20(b) of this Section, a person having any property interest in
21the seized property is charged with an offense, the court which
22renders judgment upon such charge shall, within 30 days after
23such judgment, conduct a government taking forfeiture hearing
24to determine whether such property was a gambling device at the
25time of government taking seizure. Such hearing shall be
26commenced by a written petition by the State, including

 

 

SB1528- 27 -LRB101 06797 SLF 51824 b

1material allegations of fact, the name and address of every
2person determined by the State to have any property interest in
3the seized property, a representation that written notice of
4the date, time and place of such hearing has been mailed to
5every such person by certified mail at least 10 days before
6such date, and a request for a hearing forfeiture. Every such
7person may appear as a party and present evidence at such
8hearing. The quantum of proof required shall be a preponderance
9of the evidence, and the burden of proof shall be on the State.
10If the court determines that the seized property was a gambling
11device at the time of government taking seizure, an order of
12government taking of forfeiture and disposition of the seized
13property shall be entered: a gambling device shall be received
14by the State's Attorney, who shall effect its destruction,
15except that valuable parts thereof may be liquidated and the
16resultant money shall be deposited in the general fund of the
17county wherein the government taking such seizure occurred;
18money and other things of value shall be received by the
19State's Attorney and, upon liquidation, shall be deposited in
20the general fund of the county wherein the government taking
21such seizure occurred. However, in the event that a defendant
22raises the defense that the taken seized slot machine is an
23antique slot machine described in subparagraph (b) (7) of
24Section 28-1 of this Code and therefore he is exempt from the
25charge of a gambling activity participant, the seized antique
26slot machine shall not be destroyed or otherwise altered until

 

 

SB1528- 28 -LRB101 06797 SLF 51824 b

1a final determination is made by the Court as to whether it is
2such an antique slot machine. Upon a final determination by the
3Court of this question in favor of the defendant, such slot
4machine shall be immediately returned to the defendant. Such
5order of government taking forfeiture and disposition shall,
6for the purposes of appeal, be a final order and judgment in a
7civil proceeding.
8    (d) If a government taking seizure pursuant to subparagraph
9(b) of this Section is not followed by a charge pursuant to
10subparagraph (c) of this Section, or if the prosecution of such
11charge is permanently terminated or indefinitely discontinued
12without any judgment of conviction or acquittal (1) the State's
13Attorney shall commence an in rem proceeding for the government
14taking forfeiture and destruction of a gambling device, or for
15the government taking forfeiture and deposit in the general
16fund of the county of any seized money or other things of
17value, or both, in the circuit court and (2) any person having
18any property interest in such seized gambling device, money or
19other thing of value may commence separate civil proceedings in
20the manner provided by law.
21    (e) Any gambling device displayed for sale to a riverboat
22gambling operation or used to train occupational licensees of a
23riverboat gambling operation as authorized under the Riverboat
24Gambling Act is exempt from government taking seizure under
25this Section.
26    (f) Any gambling equipment, devices and supplies provided

 

 

SB1528- 29 -LRB101 06797 SLF 51824 b

1by a licensed supplier in accordance with the Riverboat
2Gambling Act which are removed from the riverboat for repair
3are exempt from government taking seizure under this Section.
4    (g) The following video gaming terminals are exempt from
5government taking seizure under this Section:
6        (1) Video gaming terminals for sale to a licensed
7    distributor or operator under the Video Gaming Act.
8        (2) Video gaming terminals used to train licensed
9    technicians or licensed terminal handlers.
10        (3) Video gaming terminals that are removed from a
11    licensed establishment, licensed truck stop establishment,
12    licensed fraternal establishment, or licensed veterans
13    establishment for repair.
14    (h) Property taken by the government during an arrest
15seized or forfeited under this Section is subject to reporting
16under the Seizure and Forfeiture Reporting Act.
17(Source: P.A. 100-512, eff. 7-1-18.)
 
18    (720 ILCS 5/29B-4)
19    Sec. 29B-4. Protective orders and warrants for government
20taking forfeiture purposes.
21    (a) Upon application of the State, the court may enter a
22restraining order or injunction, require the execution of a
23satisfactory performance bond, or take any other action to
24preserve the availability of property described in Section
2529B-5 of this Article for government taking during an arrest

 

 

SB1528- 30 -LRB101 06797 SLF 51824 b

1forfeiture under this Article:
2        (1) upon the filing of an indictment, information, or
3    complaint charging a violation of this Article for which
4    government taking forfeiture may be ordered under this
5    Article and alleging that the property with respect to
6    which the order is sought would be subject to government
7    taking forfeiture under this Article; or
8        (2) prior to the filing of the indictment, information,
9    or complaint, if, after notice to persons appearing to have
10    an interest in the property and opportunity for a hearing,
11    the court determines that:
12            (A) there is probable cause to believe that the
13        State will prevail on the issue of government taking of
14        property forfeiture and that failure to enter the order
15        will result in the property being destroyed, removed
16        from the jurisdiction of the court, or otherwise made
17        unavailable for forfeiture; and
18            (B) the need to preserve the availability of the
19        property through the entry of the requested order
20        outweighs the hardship on any party against whom the
21        order is to be entered.
22        Provided, however, that an order entered under
23    paragraph (2) of this Section shall be effective for not
24    more than 90 days, unless extended by the court for good
25    cause shown or unless an indictment, information,
26    complaint, or administrative notice has been filed.

 

 

SB1528- 31 -LRB101 06797 SLF 51824 b

1    (b) A temporary restraining order under this subsection (b)
2may be entered upon application of the State without notice or
3opportunity for a hearing when an indictment, information,
4complaint, or administrative notice has not yet been filed with
5respect to the property, if the State demonstrates that there
6is probable cause to believe that the property with respect to
7which the order is sought would be subject to government taking
8during an arrest forfeiture under this Article and that
9provision of notice will jeopardize the availability of the
10property for government taking forfeiture. The temporary order
11shall expire not more than 30 days after the date on which it
12is entered, unless extended for good cause shown or unless the
13party against whom it is entered consents to an extension for a
14longer period. A hearing requested concerning an order entered
15under this subsection (b) shall be held at the earliest
16possible time and prior to the expiration of the temporary
17order.
18    (c) The court may receive and consider, at a hearing held
19under this Section, evidence and information that would be
20inadmissible under the Illinois rules of evidence.
21    (d) Under its authority to enter a pretrial restraining
22order under this Section, the court may order a defendant to
23repatriate any property that may be taken by the government
24during an arrest seized and forfeited and to deposit that
25property pending trial with the Department of State Police or
26another law enforcement agency designated by the Department of

 

 

SB1528- 32 -LRB101 06797 SLF 51824 b

1State Police. Failure to comply with an order under this
2Section is punishable as a civil or criminal contempt of court.
3    (e) The State may request the issuance of a warrant
4authorizing the government taking seizure of property
5described in Section 29B-5 of this Article in the same manner
6as provided for a search warrant. If the court determines that
7there is probable cause to believe that the property to be
8taken seized would be subject to government taking during an
9arrest forfeiture, the court shall issue a warrant authorizing
10the government taking seizure of that property.
11(Source: P.A. 100-699, eff. 8-3-18.)
 
12    (720 ILCS 5/29B-5)
13    Sec. 29B-5. Property subject to government taking
14forfeiture. The following are subject to government taking
15during an arrest forfeiture:
16        (1) any property, real or personal, constituting,
17    derived from, or traceable to any proceeds the person
18    obtained, directly or indirectly, as a result of a
19    violation of this Article;
20        (2) any of the person's property used, or intended to
21    be used, in any manner or part, to commit, or to facilitate
22    the commission of, a violation of this Article;
23        (3) all conveyances, including aircraft, vehicles, or
24    vessels, which are used, or intended for use, to transport,
25    or in any manner to facilitate the transportation, sale,

 

 

SB1528- 33 -LRB101 06797 SLF 51824 b

1    receipt, possession, or concealment of property described
2    in paragraphs (1) and (2) of this Section, but:
3            (A) no conveyance used by any person as a common
4        carrier in the transaction of business as a common
5        carrier is subject to government taking during an
6        arrest forfeiture under this Section unless it appears
7        that the owner or other person in charge of the
8        conveyance is a consenting party or privy to a
9        violation of this Article;
10            (B) no conveyance is subject to government taking
11        during an arrest forfeiture under this Article by
12        reason of any act or omission which the owner proves to
13        have been committed or omitted without his or her
14        knowledge or consent;
15            (C) government taking a forfeiture of a conveyance
16        encumbered by a bona fide security interest is subject
17        to the interest of the secured party if he or she
18        neither had knowledge of nor consented to the act or
19        omission;
20        (4) all real property, including any right, title, and
21    interest, including, but not limited to, any leasehold
22    interest or the beneficial interest in a land trust, in the
23    whole of any lot or tract of land and any appurtenances or
24    improvements, which is used or intended to be used, in any
25    manner or part, to commit, or in any manner to facilitate
26    the commission of, any violation of this Article or that is

 

 

SB1528- 34 -LRB101 06797 SLF 51824 b

1    the proceeds of any violation or act that constitutes a
2    violation of this Article.
3(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
4    (720 ILCS 5/29B-6)
5    Sec. 29B-6. Seizure.
6    (a) Property subject to government taking during an arrest
7forfeiture under this Article may be taken seized by the
8Director or any peace officer upon process or seizure warrant
9issued by any court having jurisdiction over the property.
10Government taking Seizure by the Director or any peace officer
11without process may be made:
12        (1) if the government taking seizure is incident to a
13    seizure warrant;
14        (2) if the property subject to government taking
15    seizure has been the subject of a prior judgment in favor
16    of the State in a criminal proceeding, or in an injunction
17    or government taking forfeiture proceeding based upon this
18    Article;
19        (3) if there is probable cause to believe that the
20    property is directly or indirectly dangerous to health or
21    safety;
22        (4) if there is probable cause to believe that the
23    property is subject to government taking forfeiture under
24    this Article and the property is taken seized under
25    circumstances in which a warrantless government taking

 

 

SB1528- 35 -LRB101 06797 SLF 51824 b

1    seizure or arrest would be reasonable; or
2        (5) in accordance with the Code of Criminal Procedure
3    of 1963.
4    (b) In the event of a government taking seizure under
5subsection (a) of this Section, government taking forfeiture
6proceedings shall be instituted in accordance with this
7Article.
8    (c) Actual physical taking seizure of real property subject
9to government taking during an arrest forfeiture requires the
10issuance of a seizure warrant. Nothing in this Article
11prohibits the constructive government taking seizure of real
12property through the filing of a complaint for forfeiture in
13circuit court and the recording of a lis pendens against the
14real property that is subject to government taking forfeiture
15without any hearing, warrant application, or judicial
16approval.
17(Source: P.A. 100-699, eff. 8-3-18.)
 
18    (720 ILCS 5/29B-7)
19    Sec. 29B-7. Safekeeping of taken seized property pending
20disposition.
21    (a) If property is subject to government taking during an
22arrest seized under this Article, the seizing agency shall
23promptly conduct an inventory of the seized property and
24estimate the property's value and shall forward a copy of the
25inventory of the seized property and the estimate of the

 

 

SB1528- 36 -LRB101 06797 SLF 51824 b

1property's value to the Director. Upon receiving notice of the
2government taking seizure, the Director may:
3        (1) place the property under seal;
4        (2) remove the property to a place designated by the
5    Director;
6        (3) keep the property in the possession of the seizing
7    agency;
8        (4) remove the property to a storage area for
9    safekeeping or, if the property is a negotiable instrument
10    or money and is not needed for evidentiary purposes,
11    deposit it in an interest bearing account;
12        (5) place the property under constructive government
13    taking seizure by posting notice of government taking of
14    pending forfeiture on it, by giving notice of pending
15    forfeiture to its owners and interest holders, or by filing
16    notice of government taking of pending forfeiture in any
17    appropriate public record relating to the property; or
18        (6) provide for another agency or custodian, including
19    an owner, secured party, or lienholder, to take custody of
20    the property upon the terms and conditions set by the
21    Director.
22    (b) When property is subject to government taking forfeited
23under this Article, the Director shall sell all the property
24unless the property is required by law to be destroyed or is
25harmful to the public and shall distribute the proceeds of the
26sale, together with any moneys forfeited or seized, under

 

 

SB1528- 37 -LRB101 06797 SLF 51824 b

1Section 29B-26 of this Article.
2(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
3    (720 ILCS 5/29B-8)
4    Sec. 29B-8. Notice to State's Attorney. The law enforcement
5agency taking seizing property for forfeiture under this
6Article shall, within 60 days after the government taking
7during an arrest seizure, notify the State's Attorney for the
8county, either where an act or omission giving rise to the
9government taking forfeiture occurred or where the property was
10taken seized, of the government taking seizure of the property
11and the facts and circumstances giving rise to the taking
12seizure and shall provide the State's Attorney with the
13inventory of the property and its estimated value. If the
14property taken by the government during an arrest seized for
15forfeiture is a vehicle, the law enforcement agency taking
16seizing the property shall immediately notify the Secretary of
17State that government taking forfeiture proceedings are
18pending regarding the vehicle. This notice shall be by Form
194-64.
20(Source: P.A. 100-699, eff. 8-3-18.)
 
21    (720 ILCS 5/29B-9)
22    Sec. 29B-9. Preliminary review.
23    (a) Within 28 days of property taken by government during
24an arrest the seizure, the State shall seek a preliminary

 

 

SB1528- 38 -LRB101 06797 SLF 51824 b

1determination from the circuit court as to whether there is
2probable cause that the property may be subject to government
3taking forfeiture.
4    (b) The rules of evidence shall not apply to any proceeding
5conducted under this Section.
6    (c) The court may conduct the review under subsection (a)
7of this Section simultaneously with a proceeding under Section
8109-1 of the Code of Criminal Procedure of 1963 for a related
9criminal offense if a prosecution is commenced by information
10or complaint.
11    (d) The court may accept a finding of probable cause at a
12preliminary hearing following the filing of an information or
13complaint charging a related criminal offense or following the
14return of indictment by a grand jury charging the related
15offense as sufficient evidence of probable cause as required
16under subsection (a) of this Section.
17    (e) Upon a finding of probable cause as required under this
18Section, the circuit court shall order the property subject to
19the applicable forfeiture Act held until the conclusion of any
20government taking forfeiture proceeding.
21(Source: P.A. 100-699, eff. 8-3-18.)
 
22    (720 ILCS 5/29B-10)
23    Sec. 29B-10. Notice to owner or interest holder.
24    (a) The first attempted service of notice shall be
25commenced within 28 days of the latter of filing of the

 

 

SB1528- 39 -LRB101 06797 SLF 51824 b

1verified claim or the receipt of the notice from the seizing
2agency by Form 4-64. A complaint for government taking
3forfeiture or a notice of pending government taking forfeiture
4shall be served on a claimant if the owner's or interest
5holder's name and current address are known, then by either:
6(1) personal service; or (2) mailing a copy of the notice by
7certified mail, return receipt requested, and first class mail
8to that address.
9    (b) If no signed return receipt is received by the State's
10Attorney within 28 days of mailing or no communication from the
11owner or interest holder is received by the State's Attorney
12documenting actual notice by the parties, the State's Attorney
13shall, within a reasonable period of time, mail a second copy
14of the notice by certified mail, return receipt requested, and
15first class mail to that address. If no signed return receipt
16is received by the State's Attorney within 28 days of the
17second mailing, or no communication from the owner or interest
18holder is received by the State's Attorney documenting actual
19notice by the parties, the State's Attorney shall have 60 days
20to attempt to serve the notice by personal service, including
21substitute service by leaving a copy at the usual place of
22abode with some person of the family or a person residing
23there, of the age of 13 years or upwards. If, after 3 attempts
24at service in this manner, no service of the notice is
25accomplished, the notice shall be posted in a conspicuous
26manner at the address and service shall be made by the posting.

 

 

SB1528- 40 -LRB101 06797 SLF 51824 b

1The attempts at service and the posting, if required, shall be
2documented by the person attempting service which shall be made
3part of a return of service returned to the State's Attorney.
4The State's Attorney may utilize any Sheriff or Deputy Sheriff,
5a peace officer, a private process server or investigator, or
6an employee, agent, or investigator of the State's Attorney's
7Office to attempt service without seeking leave of court.
8    (c) After the procedures listed are followed, service shall
9be effective on the owner or interest holder on the date of
10receipt by the State's Attorney of a return receipt, or on the
11date of receipt of a communication from an owner or interest
12holder documenting actual notice, whichever is first in time,
13or on the date of the last act performed by the State's
14Attorney in attempting personal service. For purposes of notice
15under this Section, if a person has been arrested for the
16conduct giving rise to the government taking forfeiture, the
17address provided to the arresting agency at the time of arrest
18shall be deemed to be that person's known address. Provided,
19however, if an owner or interest holder's address changes prior
20to the effective date of the notice of pending government
21taking forfeiture, the owner or interest holder shall promptly
22notify the seizing agency of the change in address or, if the
23owner or interest holder's address changes subsequent to the
24effective date of the notice of pending government taking
25forfeiture, the owner or interest holder shall promptly notify
26the State's Attorney of the change in address. If the property

 

 

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1seized is a conveyance, notice shall also be directed to the
2address reflected in the office of the agency or official in
3which title to or interest in the conveyance is required by law
4to be recorded.
5    (d) If the owner's or interest holder's address is not
6known, and is not on record as provided in this Section,
7service by publication for 3 successive weeks in a newspaper of
8general circulation in the county in which the government
9taking seizure occurred shall suffice for service
10requirements.
11    (e) Notice to any business entity, corporation, limited
12liability company, limited liability partnership, or
13partnership shall be completed by a single mailing of a copy of
14the notice by certified mail, return receipt requested, and
15first class mail to that address. This notice is complete
16regardless of the return of a signed return receipt.
17    (f) Notice to a person whose address is not within the
18State shall be completed by a single mailing of a copy of the
19notice by certified mail, return receipt requested, and first
20class mail to that address. This notice is complete regardless
21of the return of a signed return receipt.
22    (g) Notice to a person whose address is not within the
23United States shall be completed by a single mailing of a copy
24of the notice by certified mail, return receipt requested, and
25first class mail to that address. This notice is complete
26regardless of the return of a signed return receipt. If

 

 

SB1528- 42 -LRB101 06797 SLF 51824 b

1certified mail is not available in the foreign country where
2the person has an address, notice shall proceed by publication
3requirements under subsection (d) of this Section.
4    (h) Notice to a person whom the State's Attorney reasonably
5should know is incarcerated within this State shall also
6include mailing a copy of the notice by certified mail, return
7receipt requested, and first class mail to the address of the
8detention facility with the inmate's name clearly marked on the
9envelope.
10    (i) After a claimant files a verified claim with the
11State's Attorney and provides an address at which the claimant
12will accept service, the complaint shall be served and notice
13shall be complete upon the mailing of the complaint to the
14claimant at the address the claimant provided via certified
15mail, return receipt requested, and first class mail. No return
16receipt need be received, or any other attempts at service need
17be made to comply with service and notice requirements under
18this Section. This certified mailing, return receipt
19requested, shall be proof of service of the complaint on the
20claimant. If notice is to be shown by actual notice from
21communication with a claimant, then the State's Attorney shall
22file an affidavit as proof of service, providing details of the
23communication, which shall be accepted as proof of service by
24the court.
25    (j) If the property seized is a conveyance, notice shall
26also be directed to the address reflected in the office of the

 

 

SB1528- 43 -LRB101 06797 SLF 51824 b

1agency or official in which title to or interest in the
2conveyance is required by law to be recorded by mailing a copy
3of the notice by certified mail, return receipt requested, to
4that address.
5    (k) Notice served under this Article is effective upon
6personal service, the last date of publication, or the mailing
7of written notice, whichever is earlier.
8(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
9    (720 ILCS 5/29B-11)
10    Sec. 29B-11. Replevin prohibited. Property taken or
11detained under this Article shall not be subject to replevin,
12but is deemed to be in the custody of the Director subject only
13to the order and judgments of the circuit court having
14jurisdiction over the government taking forfeiture proceedings
15and the decisions of the State's Attorney under this Article.
16(Source: P.A. 100-699, eff. 8-3-18.)
 
17    (720 ILCS 5/29B-12)
18    Sec. 29B-12. Non-judicial government taking forfeiture.
19If non-real property that exceeds $20,000 in value excluding
20the value of any conveyance, or if real property is taken
21seized under the provisions of this Article, the State's
22Attorney shall institute judicial in rem government taking
23forfeiture proceedings as described in Section 29B-13 of this
24Article within 28 days from receipt of notice of government

 

 

SB1528- 44 -LRB101 06797 SLF 51824 b

1taking during an arrest seizure from the seizing agency under
2Section 29B-8 of this Article. However, if non-real property
3that does not exceed $20,000 in value excluding the value of
4any conveyance is taken seized, the following procedure shall
5be used:
6        (1) If, after review of the facts surrounding the
7    government taking seizure, the State's Attorney is of the
8    opinion that the seized property is subject to government
9    taking during an arrest forfeiture, then, within 28 days
10    after the receipt of notice of government taking seizure
11    from the seizing agency, the State's Attorney shall cause
12    notice of pending forfeiture to be given to the owner of
13    the property and all known interest holders of the property
14    in accordance with Section 29B-10 of this Article.
15        (2) The notice of pending forfeiture shall include a
16    description of the property, the estimated value of the
17    property, the date and place of the government taking
18    seizure, the conduct giving rise to government taking
19    during an arrest forfeiture or the violation of law
20    alleged, and a summary of procedures and procedural rights
21    applicable to the government taking forfeiture action.
22        (3)(A) Any person claiming an interest in property that
23    is the subject of notice under paragraph (1) of this
24    Section, must, in order to preserve any rights or claims to
25    the property, within 45 days after the effective date of
26    notice as described in Section 29B-10 of this Article, file

 

 

SB1528- 45 -LRB101 06797 SLF 51824 b

1    a verified claim with the State's Attorney expressing his
2    or her interest in the property. The claim shall set forth:
3            (i) the caption of the proceedings as set forth on
4        the notice of pending forfeiture and the name of the
5        claimant;
6            (ii) the address at which the claimant will accept
7        mail;
8            (iii) the nature and extent of the claimant's
9        interest in the property;
10            (iv) the date, identity of the transferor, and
11        circumstances of the claimant's acquisition of the
12        interest in the property;
13            (v) the names and addresses of all other persons
14        known to have an interest in the property;
15            (vi) the specific provision of law relied on in
16        asserting the property is not subject to government
17        taking forfeiture;
18            (vii) all essential facts supporting each
19        assertion; and
20            (viii) the relief sought.
21        (B) If a claimant files the claim, then the State's
22    Attorney shall institute judicial in rem government taking
23    forfeiture proceedings with the clerk of the court as
24    described in Section 29B-13 of this Article within 28 days
25    after receipt of the claim.
26        (4) If no claim is filed within the 28-day period as

 

 

SB1528- 46 -LRB101 06797 SLF 51824 b

1    described in paragraph (3) of this Section, the State's
2    Attorney shall declare the property subject to government
3    taking forfeited and shall promptly notify the owner and
4    all known interest holders of the property and the Director
5    of State Police of the declaration of government taking
6    forfeiture and the Director shall dispose of the property
7    in accordance with law.
8(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
9    (720 ILCS 5/29B-13)
10    Sec. 29B-13. Judicial in rem procedures. If property taken
11by the government during an arrest seized under this Article is
12non-real property that exceeds $20,000 in value excluding the
13value of any conveyance, or is real property, or a claimant has
14filed a claim under paragraph (3) of Section 29B-12 of this
15Article, the following judicial in rem procedures shall apply:
16        (1) If, after a review of the facts surrounding the
17    government taking seizure, the State's Attorney is of the
18    opinion that the seized property is subject to government
19    taking during an arrest forfeiture, then, within 28 days of
20    the receipt of notice of government taking seizure by the
21    seizing agency or the filing of the claim, whichever is
22    later, the State's Attorney shall institute judicial
23    government taking forfeiture proceedings by filing a
24    verified complaint for government taking forfeiture. If
25    authorized by law, property taken by the government during

 

 

SB1528- 47 -LRB101 06797 SLF 51824 b

1    an arrest a forfeiture shall be ordered by a court on an
2    action in rem brought by a State's Attorney under a
3    verified complaint for government taking forfeiture.
4        (2) A complaint of government taking forfeiture shall
5    include:
6            (A) a description of the property taken seized;
7            (B) the date and place of the government taking
8        seizure of the property;
9            (C) the name and address of the law enforcement
10        agency who took the property making the seizure; and
11            (D) the specific statutory and factual grounds for
12        the government taking seizure.
13        (3) The complaint shall be served upon the person from
14    whom the property was taken seized and all persons known or
15    reasonably believed by the State to claim an interest in
16    the property, as provided in Section 29B-10 of this
17    Article. The complaint shall be accompanied by the
18    following written notice:
19        "This is a civil court proceeding subject to the Code
20    of Civil Procedure. You received this Complaint of
21    Government Taking Forfeiture because the State's
22    Attorney's office has brought a legal action seeking taking
23    forfeiture of your seized property. This complaint starts
24    the court process where the State seeks to prove that your
25    property should be taken forfeited and not returned to you.
26    This process is also your opportunity to try to prove to a

 

 

SB1528- 48 -LRB101 06797 SLF 51824 b

1    judge that you should get your property back. The complaint
2    lists the date, time, and location of your first court
3    date. You must appear in court on that day, or you may lose
4    the case automatically. You must also file an appearance
5    and answer. If you are unable to pay the appearance fee,
6    you may qualify to have the fee waived. If there is a
7    criminal case related to the government taking seizure of
8    your property, your case may be set for trial after the
9    criminal case has been resolved. Before trial, the judge
10    may allow discovery, where the State can ask you to respond
11    in writing to questions and give them certain documents,
12    and you can make similar requests of the State. The trial
13    is your opportunity to explain what happened when your
14    property was taken seized and why you should get the
15    property back."
16        (4) Proceedings Forfeiture proceedings under this
17    Article shall be subject to the Code of Civil Procedure and
18    the rules of evidence relating to civil actions shall apply
19    to proceedings under this Article with the following
20    exception. The parties shall be allowed to use, and the
21    court shall receive and consider, all relevant hearsay
22    evidence that relates to evidentiary foundation, chain of
23    custody, business records, recordings, laboratory
24    analysis, laboratory reports, and relevant hearsay related
25    to the use of technology in the investigation that resulted
26    in the government taking seizure of property that is

 

 

SB1528- 49 -LRB101 06797 SLF 51824 b

1    subject to the forfeiture action.
2        (5) Only an owner of or interest holder in the property
3    may file an answer asserting a claim against the property
4    in the action in rem. For purposes of this Section, the
5    owner or interest holder shall be referred to as claimant.
6    Upon motion of the State, the court shall first hold a
7    hearing, in which a claimant shall establish by a
8    preponderance of the evidence, that he or she has a lawful,
9    legitimate ownership interest in the property and that it
10    was obtained through a lawful source.
11        (6) The answer must be signed by the owner or interest
12    holder under penalty of perjury and shall set forth:
13            (A) the caption of the proceedings as set forth on
14        the notice of pending government taking forfeiture and
15        the name of the claimant;
16            (B) the address at which the claimant will accept
17        mail;
18            (C) the nature and extent of the claimant's
19        interest in the property;
20            (D) the date, identity of transferor, and
21        circumstances of the claimant's acquisition of the
22        interest in the property;
23            (E) the names and addresses of all other persons
24        known to have an interest in the property;
25            (F) all essential facts supporting each assertion;
26            (G) the precise relief sought; and

 

 

SB1528- 50 -LRB101 06797 SLF 51824 b

1            (H) in an a forfeiture action involving currency or
2        its equivalent, a claimant shall provide the State with
3        notice of his or her intent to allege that the currency
4        or its equivalent is not related to the alleged factual
5        basis for the government taking forfeiture, and why.
6        The answer shall follow the rules under the Code of
7    Civil Procedure.
8        (7) The answer shall be filed with the court within 45
9    days after service of the civil in rem complaint.
10        (8) The hearing shall be held within 60 days after
11    filing of the answer unless continued for good cause.
12        (9) At the judicial in rem proceeding, in the State's
13    case in chief, the State shall show by a preponderance of
14    the evidence that the property is subject to government
15    taking during an arrest forfeiture. If the State makes such
16    a showing, the claimant shall have the burden of production
17    to set forth evidence that the property is not related to
18    the alleged factual basis of the government taking
19    forfeiture. After this production of evidence, the State
20    shall maintain the burden of proof to overcome this
21    assertion. A claimant shall provide the State notice of its
22    intent to allege that the currency or its equivalent is not
23    related to the alleged factual basis of the government
24    taking forfeiture and why. As to conveyances, at the
25    judicial in rem proceeding, in its case in chief, the State
26    shall show by a preponderance of the evidence:

 

 

SB1528- 51 -LRB101 06797 SLF 51824 b

1            (A) that the property is subject to government
2        taking forfeiture; and
3            (B) at least one of the following:
4                (i) that the claimant was legally accountable
5            for the conduct giving rise to the government
6            taking forfeiture;
7                (ii) that the claimant knew or reasonably
8            should have known of the conduct giving rise to the
9            government taking forfeiture;
10                (iii) that the claimant knew or reasonably
11            should have known that the conduct giving rise to
12            the government taking forfeiture was likely to
13            occur;
14                (iv) that the claimant held the property for
15            the benefit of, or as nominee for, any person whose
16            conduct gave rise to the government taking its
17            forfeiture;
18                (v) that if the claimant acquired the interest
19            through any person engaging in any of the conduct
20            described above or conduct giving rise to the
21            government taking forfeiture:
22                    (a) the claimant did not acquire it as a
23                bona fide purchaser for value; or
24                    (b) the claimant acquired the interest
25                under the circumstances that the claimant
26                reasonably should have known the property was

 

 

SB1528- 52 -LRB101 06797 SLF 51824 b

1                derived from, or used in, the conduct giving
2                rise to the government taking forfeiture; or
3                (vi) that the claimant is not the true owner of
4            the property that is subject to government taking
5            forfeiture.
6        (10) If the State does not meet its burden to show that
7    the property is subject to government taking during an
8    arrest forfeiture, the court shall order the interest in
9    the property returned or conveyed to the claimant and shall
10    order all other property taken by forfeited to the State.
11    If the State does meet its burden to show that the property
12    is subject to government taking forfeiture, the court shall
13    order all property taken by forfeited to the State.
14        (11) A defendant convicted in any criminal proceeding
15    is precluded from later denying the essential allegations
16    of the criminal offense of which the defendant was
17    convicted in any proceeding under this Article regardless
18    of the pendency of an appeal from that conviction. However,
19    evidence of the pendency of an appeal is admissible.
20        (12) On a motion by the parties, the court may stay
21    government taking civil forfeiture proceedings during the
22    criminal trial for a related criminal indictment or
23    information alleging a money laundering violation. Such a
24    stay shall not be available pending an appeal. Property
25    subject to government taking forfeiture under this Article
26    shall not be subject to return or release by a court

 

 

SB1528- 53 -LRB101 06797 SLF 51824 b

1    exercising jurisdiction over a criminal case involving the
2    taking seizure of the property unless the return or release
3    is consented to by the State's Attorney.
4(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
5    (720 ILCS 5/29B-14)
6    Sec. 29B-14. Innocent owner hearing.
7    (a) After a complaint for government taking forfeiture has
8been filed and all claimants have appeared and answered, a
9claimant may file a motion with the court for an innocent owner
10hearing prior to trial. This motion shall be made and supported
11by sworn affidavit and shall assert the following along with
12specific facts that support each assertion:
13        (1) that the claimant filing the motion is the true
14    owner of the conveyance as interpreted by case law;
15        (2) that the claimant was not legally accountable for
16    the conduct giving rise to the government taking forfeiture
17    or acquiesced in the conduct;
18        (3) that the claimant did not solicit, conspire, or
19    attempt to commit the conduct giving rise to the government
20    taking forfeiture;
21        (4) that the claimant did not know or did not have
22    reason to know that the conduct giving rise to the
23    government taking forfeiture was likely to occur; and
24        (5) that the claimant did not hold the property for the
25    benefit of, or as nominee for, any person whose conduct

 

 

SB1528- 54 -LRB101 06797 SLF 51824 b

1    gave rise to government taking during an arrest its
2    forfeiture, or if the claimant acquired the interest
3    through any person, the claimant acquired it as a bona fide
4    purchaser for value or acquired the interest without
5    knowledge of the taking seizure of the property for
6    forfeiture.
7    (b) The claimant's motion shall include specific facts
8supporting these assertions.
9    (c) Upon this filing, a hearing may only be conducted after
10the parties have been given the opportunity to conduct limited
11discovery as to the ownership and control of the property, the
12claimant's knowledge, or any matter relevant to the issues
13raised or facts alleged in the claimant's motion. Discovery
14shall be limited to the People's requests in these areas but
15may proceed by any means allowed in the Code of Civil
16Procedure.
17        (1) After discovery is complete and the court has
18    allowed for sufficient time to review and investigate the
19    discovery responses, the court shall conduct a hearing. At
20    the hearing, the fact that the conveyance is subject to
21    government taking forfeiture shall not be at issue. The
22    court shall only hear evidence relating to the issue of
23    innocent ownership.
24        (2) At the hearing on the motion, it shall be the
25    burden of the claimant to prove each of the assertions
26    listed in subsection (a) of this Section by a preponderance

 

 

SB1528- 55 -LRB101 06797 SLF 51824 b

1    of the evidence.
2        (3) If a claimant meets his or her burden of proof, the
3    court shall grant the motion and order the property
4    returned to the claimant. If the claimant fails to meet his
5    or her burden of proof, then the court shall deny the
6    motion and the forfeiture case shall proceed according to
7    the Code of Civil Procedure.
8(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
9    (720 ILCS 5/29B-15)
10    Sec. 29B-15. Burden and commencement of forfeiture action
11related to the government taking of property.
12    (a) Notwithstanding any other provision of this Article,
13the State's burden of proof at the trial of an the forfeiture
14action related to government taking of property during an
15arrest shall be by clear and convincing evidence if:
16        (1) a finding of not guilty is entered as to all counts
17    and all defendants in a criminal proceeding relating to the
18    conduct giving rise to the forfeiture action; or
19        (2) the State receives an adverse finding at a
20    preliminary hearing and fails to secure an indictment in a
21    criminal proceeding relating to the factual allegations of
22    the forfeiture action.
23    (b) All property declared subject to government taking
24forfeited under this Article vests in the State on the
25commission of the conduct giving rise to the government taking

 

 

SB1528- 56 -LRB101 06797 SLF 51824 b

1of property during an arrest forfeiture together with the
2proceeds of the property after that time. Except as otherwise
3provided in this Article, title to any property or proceeds
4subject to government taking of property during an arrest
5forfeiture subsequently transferred to any person remain
6subject to government taking of property during an arrest
7forfeiture and thereafter shall be ordered taken forfeited
8unless the person to whom the property was transferred makes an
9appropriate claim and has his or her claim adjudicated at the
10judicial in rem hearing.
11    (c) A civil action under this Article shall be commenced
12within 5 years after the last conduct giving rise to the
13government taking of property during an arrest forfeiture
14became known or should have become known or 5 years after the
15forfeitable property is discovered, whichever is later,
16excluding any time during which either the property or claimant
17is out of the State or in confinement or during which criminal
18proceedings relating to the same conduct are in progress.
19(Source: P.A. 100-699, eff. 8-3-18.)
 
20    (720 ILCS 5/29B-16)
21    Sec. 29B-16. Joint tenancy or tenancy in common. If
22property is ordered subject to government taking during an
23arrest forfeited under this Section from a claimant who held
24title to the property in joint tenancy or tenancy in common
25with another claimant, the court shall determine the amount of

 

 

SB1528- 57 -LRB101 06797 SLF 51824 b

1each owner's interest in the property according to principles
2of property law.
3(Source: P.A. 100-699, eff. 8-3-18.)
 
4    (720 ILCS 5/29B-17)
5    Sec. 29B-17. Exception for bona fide purchasers. No
6property shall be subject to government taking during an arrest
7forfeited under this Article from a person who, without actual
8or constructive notice that the property was the subject of the
9government taking forfeiture proceedings, obtained possession
10of the property as a bona fide purchaser for value. A person
11who purports to effect transfer of property after receiving
12actual or constructive notice that the property is subject to
13government taking of property during an arrest seizure or
14forfeiture is guilty of contempt of court and shall be liable
15to the State for a penalty in the amount of the fair market
16value of the property.
17(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
18    (720 ILCS 5/29B-18)
19    Sec. 29B-18. Proportionality. Property that is subject to
20government taking during an arrest forfeited shall be subject
21to an 8th Amendment to the United States Constitution
22disproportionate penalties analysis and the property
23forfeiture may be denied in whole or in part if the court finds
24that the government taking forfeiture would constitute an

 

 

SB1528- 58 -LRB101 06797 SLF 51824 b

1excessive fine in violation of the 8th Amendment as interpreted
2by case law.
3(Source: P.A. 100-699, eff. 8-3-18.)
 
4    (720 ILCS 5/29B-19)
5    Sec. 29B-19. Stay of time periods. If property is taken by
6the government during an arrest seized for evidence and for
7forfeiture, the time periods for instituting judicial and
8non-judicial government taking forfeiture proceedings shall
9not begin until the property is no longer necessary for
10evidence.
11(Source: P.A. 100-699, eff. 8-3-18.)
 
12    (720 ILCS 5/29B-20)
13    Sec. 29B-20. Settlement of claims. Notwithstanding other
14provisions of this Article, the State's Attorney and a claimant
15of seized property taken by the government during an arrest may
16enter into an agreed-upon settlement concerning the taken
17seized property in such an amount and upon such terms as are
18set out in writing in a settlement agreement. All proceeds from
19a settlement agreement shall be tendered to the Department of
20State Police and distributed under Section 29B-26 of this
21Article.
22(Source: P.A. 100-699, eff. 8-3-18.)
 
23    (720 ILCS 5/29B-21)

 

 

SB1528- 59 -LRB101 06797 SLF 51824 b

1    Sec. 29B-21. Attorney's fees. Nothing in this Article
2applies to property that constitutes reasonable bona fide
3attorney's fees paid to an attorney for services rendered or to
4be rendered in the government taking forfeiture proceeding or
5criminal proceeding relating directly thereto if the property
6was paid before its taking seizure and before the issuance of
7any seizure warrant or court order prohibiting transfer of the
8property and if the attorney, at the time he or she received
9the property did not know that it was property subject to
10government taking during an arrest forfeiture under this
11Article.
12(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
13    (720 ILCS 5/29B-22)
14    Sec. 29B-22. Construction.
15    (a) It is the intent of the General Assembly that the
16forfeiture provisions of this Article be liberally construed so
17as to effect their remedial purpose. The government taking
18forfeiture of property and other remedies under this Article
19shall be considered to be in addition to, and not exclusive of,
20any sentence or other remedy provided by law.
21    (b) The changes made to this Article by Public Act 100-512
22and Public Act 100-699 are subject to Section 2 of the Statute
23on Statutes.
24(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 

 

 

SB1528- 60 -LRB101 06797 SLF 51824 b

1    (720 ILCS 5/29B-23)
2    Sec. 29B-23. Judicial review. If property has been declared
3subject to government taking during an arrest forfeited under
4Section 29B-12 of this Article, any person who has an interest
5in the property ordered subject to government taking declared
6forfeited may, within 30 days after the effective date of the
7notice of the declaration of government taking forfeiture, file
8a claim as described in paragraph (3) of Section 29B-12 of this
9Article. If a claim is filed under this Section, then the
10procedures described in Section of 29B-13 of this Article
11apply.
12(Source: P.A. 100-699, eff. 8-3-18.)
 
13    (720 ILCS 5/29B-25)
14    Sec. 29B-25. Return of property, damages, and costs.
15    (a) The law enforcement agency that holds custody of
16property taken by the government during an arrest seized for
17forfeiture shall deliver property ordered by the court to be
18returned or conveyed to the claimant within a reasonable time
19not to exceed 7 days, unless the order is stayed by the trial
20court or a reviewing court pending an appeal, motion to
21reconsider, or other reason.
22    (b) The law enforcement agency that holds custody of
23property is responsible for any damages, storage fees, and
24related costs applicable to property returned. The claimant
25shall not be subject to any charges by the State for storage of

 

 

SB1528- 61 -LRB101 06797 SLF 51824 b

1the property or expenses incurred in the preservation of the
2property. Charges for the towing of a conveyance shall be borne
3by the claimant unless the conveyance was towed for the sole
4reason of government taking of seizure for forfeiture. This
5Section does not prohibit the imposition of any fees or costs
6by a home rule unit of local government related to the
7impoundment of a conveyance under an ordinance enacted by the
8unit of government.
9    (c) A law enforcement agency shall not retain taken
10forfeited property for its own use or transfer the property to
11any person or entity, except as provided under this Section. A
12law enforcement agency may apply in writing to the Director of
13State Police to request that taken forfeited property be
14awarded to the agency for a specifically articulated official
15law enforcement use in an investigation. The Director shall
16provide a written justification in each instance detailing the
17reasons why the taken forfeited property was placed into
18official use and the justification shall be retained for a
19period of not less than 3 years.
20    (d) A claimant or a party interested in personal property
21contained within a taken seized conveyance may file a request
22with the State's Attorney in a non-judicial government taking
23forfeiture action, or a motion with the court in a judicial
24government taking forfeiture action for the return of any
25personal property contained within a conveyance that is taken
26seized under this Article. The return of personal property

 

 

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1shall not be unreasonably withheld if the personal property is
2not mechanically or electrically coupled to the conveyance,
3needed for evidentiary purposes, or otherwise contraband. Any
4law enforcement agency that returns property under a court
5order under this Section shall not be liable to any person who
6claims ownership to the property if it is returned to an
7improper party.
8(Source: P.A. 100-699, eff. 8-3-18.)
 
9    (720 ILCS 5/29B-26)
10    Sec. 29B-26. Distribution of proceeds. All moneys and the
11sale proceeds of all other property taken by the government
12during an arrest forfeited and seized under this Article shall
13be distributed as follows:
14        (1) 65% shall be distributed to the metropolitan
15    enforcement group, local, municipal, county, or State law
16    enforcement agency or agencies that conducted or
17    participated in the investigation resulting in the
18    government taking forfeiture. The distribution shall bear
19    a reasonable relationship to the degree of direct
20    participation of the law enforcement agency in the effort
21    resulting in the government taking forfeiture, taking into
22    account the total value of the property taken forfeited and
23    the total law enforcement effort with respect to the
24    violation of the law upon which the government taking
25    forfeiture is based. Amounts distributed to the agency or

 

 

SB1528- 63 -LRB101 06797 SLF 51824 b

1    agencies shall be used for the enforcement of laws.
2        (2)(i) 12.5% shall be distributed to the Office of the
3    State's Attorney of the county in which the prosecution
4    resulting in the government taking forfeiture was
5    instituted, deposited in a special fund in the county
6    treasury and appropriated to the State's Attorney for use
7    in the enforcement of laws. In counties over 3,000,000
8    population, 25% shall be distributed to the Office of the
9    State's Attorney for use in the enforcement of laws. If the
10    prosecution is undertaken solely by the Attorney General,
11    the portion provided under this subparagraph (i) shall be
12    distributed to the Attorney General for use in the
13    enforcement of laws.
14        (ii) 12.5% shall be distributed to the Office of the
15    State's Attorneys Appellate Prosecutor and deposited in
16    the Narcotics Profit Forfeiture Fund of that office to be
17    used for additional expenses incurred in the
18    investigation, prosecution, and appeal of cases arising
19    under laws. The Office of the State's Attorneys Appellate
20    Prosecutor shall not receive distribution from cases
21    brought in counties with over 3,000,000 population.
22        (3) 10% shall be retained by the Department of State
23    Police for expenses related to the administration and sale
24    of taken seized and forfeited property.
25    Moneys and the sale proceeds distributed to the Department
26of State Police under this Article shall be deposited in the

 

 

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1Money Laundering Asset Recovery Fund created in the State
2treasury and shall be used by the Department of State Police
3for State law enforcement purposes. All moneys and sale
4proceeds of property taken by the government during an arrest
5forfeited and seized under this Article and distributed
6according to this Section may also be used to purchase opioid
7antagonists as defined in Section 5-23 of the Substance Use
8Disorder Act.
9(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
10    (720 ILCS 5/29B-27)
11    Sec. 29B-27. Applicability; savings clause.
12    (a) The changes made to this Article by Public Act 100-512
13and Public Act 100-699 only apply to property taken by the
14government during an arrest seized on and after July 1, 2018.
15    (b) The changes made to this Article by Public Act 100-699
16are subject to Section 4 of the Statute on Statutes.
17(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
18    (720 ILCS 5/33G-6)
19    (Section scheduled to be repealed on June 11, 2022)
20    Sec. 33G-6. Remedial proceedings, procedures, and taken by
21the government during an arrest forfeiture. Under this Article:
22    (a) Under this Article, the The circuit court shall have
23jurisdiction to prevent and restrain violations of this Article
24by issuing appropriate orders, including:

 

 

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1        (1) ordering any person to disgorge illicit proceeds
2    obtained by a violation of this Article or divest himself
3    or herself of any interest, direct or indirect, in any
4    enterprise or real or personal property of any character,
5    including money, obtained, directly or indirectly, by a
6    violation of this Article;
7        (2) imposing reasonable restrictions on the future
8    activities or investments of any person or enterprise,
9    including prohibiting any person or enterprise from
10    engaging in the same type of endeavor as the person or
11    enterprise engaged in, that violated this Article; or
12        (3) ordering dissolution or reorganization of any
13    enterprise, making due provision for the rights of innocent
14    persons.
15    (b) Any violation of this Article is subject to the
16remedies, procedures, and government taking forfeiture as set
17forth in Article 29B of this Code.
18    (c) Property taken by the government during an arrest
19seized or forfeited under this Article is subject to reporting
20under the Seizure and Forfeiture Reporting Act.
21(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
22revised 10-3-18.)
 
23    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
24    Sec. 36-1. Property subject to government taking during an
25arrest forfeiture.

 

 

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1    (a) Any vessel or watercraft, vehicle, or aircraft is
2subject to government taking during an arrest forfeiture under
3this Article if the vessel or watercraft, vehicle, or aircraft
4is used with the knowledge and consent of the owner in the
5commission of or in the attempt to commit as defined in Section
68-4 of this Code:
7        (1) an offense prohibited by Section 9-1 (first degree
8    murder), Section 9-3 (involuntary manslaughter and
9    reckless homicide), Section 10-2 (aggravated kidnaping),
10    Section 11-1.20 (criminal sexual assault), Section 11-1.30
11    (aggravated criminal sexual assault), Section 11-1.40
12    (predatory criminal sexual assault of a child), subsection
13    (a) of Section 11-1.50 (criminal sexual abuse), subsection
14    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
15    sexual abuse), Section 11-6 (indecent solicitation of a
16    child), Section 11-14.4 (promoting juvenile prostitution
17    except for keeping a place of juvenile prostitution),
18    Section 11-20.1 (child pornography), paragraph (a)(1),
19    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
20    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
21    (aggravated battery), Section 12-7.3 (stalking), Section
22    12-7.4 (aggravated stalking), Section 16-1 (theft if the
23    theft is of precious metal or of scrap metal), subdivision
24    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
25    18-2 (armed robbery), Section 19-1 (burglary), Section
26    19-2 (possession of burglary tools), Section 19-3

 

 

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1    (residential burglary), Section 20-1 (arson; residential
2    arson; place of worship arson), Section 20-2 (possession of
3    explosives or explosive or incendiary devices),
4    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
5    of weapons), Section 24-1.2 (aggravated discharge of a
6    firearm), Section 24-1.2-5 (aggravated discharge of a
7    machine gun or a firearm equipped with a device designed or
8    used for silencing the report of a firearm), Section 24-1.5
9    (reckless discharge of a firearm), Section 28-1
10    (gambling), or Section 29D-15.2 (possession of a deadly
11    substance) of this Code;
12        (2) an offense prohibited by Section 21, 22, 23, 24 or
13    26 of the Cigarette Tax Act if the vessel or watercraft,
14    vehicle, or aircraft contains more than 10 cartons of such
15    cigarettes;
16        (3) an offense prohibited by Section 28, 29, or 30 of
17    the Cigarette Use Tax Act if the vessel or watercraft,
18    vehicle, or aircraft contains more than 10 cartons of such
19    cigarettes;
20        (4) an offense prohibited by Section 44 of the
21    Environmental Protection Act;
22        (5) an offense prohibited by Section 11-204.1 of the
23    Illinois Vehicle Code (aggravated fleeing or attempting to
24    elude a peace officer);
25        (6) an offense prohibited by Section 11-501 of the
26    Illinois Vehicle Code (driving while under the influence of

 

 

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1    alcohol or other drug or drugs, intoxicating compound or
2    compounds or any combination thereof) or a similar
3    provision of a local ordinance, and:
4            (A) during a period in which his or her driving
5        privileges are revoked or suspended if the revocation
6        or suspension was for:
7                (i) Section 11-501 (driving under the
8            influence of alcohol or other drug or drugs,
9            intoxicating compound or compounds or any
10            combination thereof),
11                (ii) Section 11-501.1 (statutory summary
12            suspension or revocation),
13                (iii) paragraph (b) of Section 11-401 (motor
14            vehicle accidents involving death or personal
15            injuries), or
16                (iv) reckless homicide as defined in Section
17            9-3 of this Code;
18            (B) has been previously convicted of reckless
19        homicide or a similar provision of a law of another
20        state relating to reckless homicide in which the person
21        was determined to have been under the influence of
22        alcohol, other drug or drugs, or intoxicating compound
23        or compounds as an element of the offense or the person
24        has previously been convicted of committing a
25        violation of driving under the influence of alcohol or
26        other drug or drugs, intoxicating compound or

 

 

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1        compounds or any combination thereof and was involved
2        in a motor vehicle accident that resulted in death,
3        great bodily harm, or permanent disability or
4        disfigurement to another, when the violation was a
5        proximate cause of the death or injuries;
6            (C) the person committed a violation of driving
7        under the influence of alcohol or other drug or drugs,
8        intoxicating compound or compounds or any combination
9        thereof under Section 11-501 of the Illinois Vehicle
10        Code or a similar provision for the third or subsequent
11        time;
12            (D) he or she did not possess a valid driver's
13        license or permit or a valid restricted driving permit
14        or a valid judicial driving permit or a valid
15        monitoring device driving permit; or
16            (E) he or she knew or should have known that the
17        vehicle he or she was driving was not covered by a
18        liability insurance policy;
19        (7) an offense described in subsection (g) of Section
20    6-303 of the Illinois Vehicle Code;
21        (8) an offense described in subsection (e) of Section
22    6-101 of the Illinois Vehicle Code; or
23        (9)(A) operating a watercraft under the influence of
24    alcohol, other drug or drugs, intoxicating compound or
25    compounds, or combination thereof under Section 5-16 of the
26    Boat Registration and Safety Act during a period in which

 

 

SB1528- 70 -LRB101 06797 SLF 51824 b

1    his or her privileges to operate a watercraft are revoked
2    or suspended and the revocation or suspension was for
3    operating a watercraft under the influence of alcohol,
4    other drug or drugs, intoxicating compound or compounds, or
5    combination thereof; (B) operating a watercraft under the
6    influence of alcohol, other drug or drugs, intoxicating
7    compound or compounds, or combination thereof and has been
8    previously convicted of reckless homicide or a similar
9    provision of a law in another state relating to reckless
10    homicide in which the person was determined to have been
11    under the influence of alcohol, other drug or drugs,
12    intoxicating compound or compounds, or combination thereof
13    as an element of the offense or the person has previously
14    been convicted of committing a violation of operating a
15    watercraft under the influence of alcohol, other drug or
16    drugs, intoxicating compound or compounds, or combination
17    thereof and was involved in an accident that resulted in
18    death, great bodily harm, or permanent disability or
19    disfigurement to another, when the violation was a
20    proximate cause of the death or injuries; or (C) the person
21    committed a violation of operating a watercraft under the
22    influence of alcohol, other drug or drugs, intoxicating
23    compound or compounds, or combination thereof under
24    Section 5-16 of the Boat Registration and Safety Act or a
25    similar provision for the third or subsequent time.
26    (b) In addition, any mobile or portable equipment used in

 

 

SB1528- 71 -LRB101 06797 SLF 51824 b

1the commission of an act which is in violation of Section 7g of
2the Metropolitan Water Reclamation District Act shall be
3subject to government taking during an arrest seizure and
4forfeiture under the same procedures provided in this Article
5for the government taking during an arrest of seizure and
6forfeiture of vessels or watercraft, vehicles, and aircraft,
7and any such equipment shall be deemed a vessel or watercraft,
8vehicle, or aircraft for purposes of this Article.
9    (c) In addition, when a person discharges a firearm at
10another individual from a vehicle with the knowledge and
11consent of the owner of the vehicle and with the intent to
12cause death or great bodily harm to that individual and as a
13result causes death or great bodily harm to that individual,
14the vehicle shall be subject to government taking during an
15arrest seizure and forfeiture under the same procedures
16provided in this Article for the government taking during an
17arrest seizure and forfeiture of vehicles used in violations of
18clauses (1), (2), (3), or (4) of subsection (a) of this
19Section.
20    (d) If the spouse of the owner of a vehicle taken seized
21for an offense described in subsection (g) of Section 6-303 of
22the Illinois Vehicle Code, a violation of subdivision
23(d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of
24Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of
25this Code makes a showing that the taken seized vehicle is the
26only source of transportation and it is determined that the

 

 

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1financial hardship to the family as a result of the government
2taking seizure outweighs the benefit to the State from the
3government taking seizure, the vehicle may be given forfeited
4to the spouse or family member and the title to the vehicle
5shall be transferred to the spouse or family member who is
6properly licensed and who requires the use of the vehicle for
7employment or family transportation purposes. A written
8declaration of forfeiture of a vehicle under this Section shall
9be sufficient cause for the title to be transferred to the
10spouse or family member. The provisions of this paragraph shall
11apply only to one forfeiture per vehicle. If the vehicle is the
12subject of a subsequent government taking forfeiture
13proceeding by virtue of a subsequent conviction of either
14spouse or the family member, the spouse or family member to
15whom the vehicle was taken forfeited under the first government
16taking forfeiture proceeding may not utilize the provisions of
17this paragraph in another government taking forfeiture
18proceeding. If the owner of the vehicle seized owns more than
19one vehicle, the procedure set out in this paragraph may be
20used for only one vehicle.
21    (e) In addition, property subject to government taking
22forfeiture under Section 40 of the Illinois Streetgang
23Terrorism Omnibus Prevention Act may be taken seized and
24forfeited under this Article.
25(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 

 

 

SB1528- 73 -LRB101 06797 SLF 51824 b

1    (720 ILCS 5/36-1.1)
2    Sec. 36-1.1. Property taken by government during an arrest
3Seizure.
4    (a) Any property subject to taking by the government during
5an arrest forfeiture under this Article may be taken seized and
6impounded by the Director of State Police or any peace officer
7upon process or seizure warrant issued by any court having
8jurisdiction over the property.
9    (b) Any property subject to taking by the government during
10an arrest forfeiture under this Article may be taken seized and
11impounded by the Director of State Police or any peace officer
12without process if there is probable cause to believe that the
13property is subject to taking by the government during an
14arrest forfeiture under Section 36-1 of this Article and the
15property is taken seized under circumstances in which a
16warrantless government taking seizure or arrest would be
17reasonable.
18    (c) If the seized property is a conveyance, an
19investigation shall be made by the law enforcement agency as to
20any person whose right, title, interest, or lien is of record
21in the office of the agency or official in which title to or
22interest in the conveyance is required by law to be recorded.
23    (d) After taking seizure under this Section, notice shall
24be given to all known interest holders that government taking
25forfeiture proceedings, including a preliminary review, may be
26instituted and the proceedings may be instituted under this

 

 

SB1528- 74 -LRB101 06797 SLF 51824 b

1Article.
2(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
3    (720 ILCS 5/36-1.2)
4    Sec. 36-1.2. Receipt for taken seized property. If a law
5enforcement officer takes seizes property for government
6taking forfeiture under this Article, the officer shall provide
7an itemized receipt to the person possessing the property or,
8in the absence of a person to whom the receipt could be given,
9shall leave the receipt in the place where the property was
10found, if possible.
11(Source: P.A. 100-512, eff. 7-1-18.)
 
12    (720 ILCS 5/36-1.3)
13    Sec. 36-1.3. Safekeeping of taken seized property pending
14disposition.
15    (a) Property taken seized under this Article is deemed to
16be in the custody of the Director of State Police, subject only
17to the order and judgments of the circuit court having
18jurisdiction over the government taking forfeiture proceedings
19and the decisions of the State's Attorney under this Article.
20    (b) If property is taken seized under this Article, the
21seizing agency shall promptly conduct an inventory of the taken
22seized property and estimate the property's value and shall
23forward a copy of the inventory of taken seized property and
24the estimate of the property's value to the Director of State

 

 

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1Police. Upon receiving notice of government taking seizure, the
2Director of State Police may:
3        (1) place the property under seal;
4        (2) remove the property to a place designated by the
5    Director of State Police;
6        (3) keep the property in the possession of the seizing
7    agency;
8        (4) remove the property to a storage area for
9    safekeeping;
10        (5) place the property under constructive government
11    taking seizure by posting notice of pending government
12    taking forfeiture on it, by giving notice of pending
13    government taking forfeiture to its owners and interest
14    holders, or by filing notice of pending taking by the
15    government during an arrest forfeiture in any appropriate
16    public record relating to the property; or
17        (6) provide for another agency or custodian, including
18    an owner, secured party, or lienholder, to take custody of
19    the property upon the terms and conditions set by the
20    seizing agency.
21    (c) The seizing agency shall exercise ordinary care to
22protect the property subject of the forfeiture from negligent
23loss, damage, or destruction.
24    (d) Property taken by the government during an arrest
25seized or forfeited under this Article is subject to reporting
26under the Seizure and Forfeiture Reporting Act.

 

 

SB1528- 76 -LRB101 06797 SLF 51824 b

1(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
2100-1163, eff. 12-20-18.)
 
3    (720 ILCS 5/36-1.4)
4    Sec. 36-1.4. Notice to State's Attorney. The law
5enforcement agency taking seizing property for forfeiture
6under this Article shall, as soon as practicable but not later
7than 28 days after the government taking seizure, notify the
8State's Attorney for the county in which an act or omission
9giving rise to the government taking during an arrest seizure
10occurred or in which the property was taken seized and the
11facts and circumstances giving rise to the government taking
12seizure and shall provide the State's Attorney with the
13inventory of the property and its estimated value. The notice
14shall be by the delivery of Illinois State Police
15Notice/Inventory of Seized Property (Form 4-64). If the
16property taken by the government during an arrest seized for
17forfeiture is a vehicle, the law enforcement agency taking
18seizing the property shall immediately notify the Secretary of
19State that government taking forfeiture proceedings are
20pending regarding the vehicle.
21(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
22100-1163, eff. 12-20-18.)
 
23    (720 ILCS 5/36-1.5)
24    Sec. 36-1.5. Preliminary review.

 

 

SB1528- 77 -LRB101 06797 SLF 51824 b

1    (a) Within 14 days of the government taking of property
2during an arrest seizure, the State's Attorney of the county in
3which the taking seizure occurred shall seek a preliminary
4determination from the circuit court as to whether there is
5probable cause that the property may be subject to government
6taking during an arrest forfeiture.
7    (b) The rules of evidence shall not apply to any proceeding
8conducted under this Section.
9    (c) The court may conduct the review under subsection (a)
10of this Section simultaneously with a proceeding under Section
11109-1 of the Code of Criminal Procedure of 1963 for a related
12criminal offense if a prosecution is commenced by information
13or complaint.
14    (d) The court may accept a finding of probable cause at a
15preliminary hearing following the filing of an information or
16complaint charging a related criminal offense or following the
17return of indictment by a grand jury charging the related
18offense as sufficient evidence of probable cause as required
19under subsection (a) of this Section.
20    (e) Upon making a finding of probable cause as required
21under this Section, the circuit court shall order the property
22subject to the provisions of the applicable forfeiture Act held
23until the conclusion of any government taking forfeiture
24proceeding.
25    For takings seizures of conveyances, within 28 days of a
26finding of probable cause under subsection (a) of this Section,

 

 

SB1528- 78 -LRB101 06797 SLF 51824 b

1the registered owner or other claimant may file a motion in
2writing supported by sworn affidavits claiming that denial of
3the use of the conveyance during the pendency of the government
4taking forfeiture proceedings creates a substantial hardship
5and alleges facts showing that the hardship was not due to his
6or her culpable negligence. The court shall consider the
7following factors in determining whether a substantial
8hardship has been proven:
9        (1) the nature of the claimed hardship;
10        (2) the availability of public transportation or other
11    available means of transportation; and
12        (3) any available alternatives to alleviate the
13    hardship other than the return of the seized conveyance.
14    If the court determines that a substantial hardship has
15been proven, the court shall then balance the nature of the
16hardship against the State's interest in safeguarding the
17conveyance. If the court determines that the hardship outweighs
18the State's interest in safeguarding the conveyance, the court
19may temporarily release the conveyance to the registered owner
20or the registered owner's authorized designee, or both, until
21the conclusion of the government taking forfeiture proceedings
22or for such shorter period as ordered by the court provided
23that the person to whom the conveyance is released provides
24proof of insurance and a valid driver's license and all State
25and local registrations for operation of the conveyance are
26current. The court shall place conditions on the conveyance

 

 

SB1528- 79 -LRB101 06797 SLF 51824 b

1limiting its use to the stated hardship and providing
2transportation for employment, religious purposes, medical
3needs, child care, and restricting the conveyance's use to only
4those individuals authorized to use the conveyance by the
5registered owner. The use of the vehicle shall be further
6restricted to exclude all recreational and entertainment
7purposes. The court may order additional restrictions it deems
8reasonable and just on its own motion or on motion of the
9People. The court shall revoke the order releasing the
10conveyance and order that the conveyance be taken again
11reseized by law enforcement if the conditions of release are
12violated or if the conveyance is used in the commission of any
13offense identified in subsection (a) of Section 6-205 of the
14Illinois Vehicle Code.
15    If the court orders the release of the conveyance during
16the pendency of the government taking forfeiture proceedings,
17the court may order the registered owner or his or her
18authorized designee to post a cash security with the clerk of
19the court as ordered by the court. If cash security is ordered,
20the court shall consider the following factors in determining
21the amount of the cash security:
22        (A) the full market value of the conveyance;
23        (B) the nature of the hardship;
24        (C) the extent and length of the usage of the
25    conveyance;
26        (D) the ability of the owner or designee to pay; and

 

 

SB1528- 80 -LRB101 06797 SLF 51824 b

1        (E) other conditions as the court deems necessary to
2    safeguard the conveyance.
3    If the conveyance is released, the court shall order that
4the registered owner or his or her designee safeguard the
5conveyance, not remove the conveyance from the jurisdiction,
6not conceal, destroy, or otherwise dispose of the conveyance,
7not encumber the conveyance, and not diminish the value of the
8conveyance in any way. The court shall also make a
9determination of the full market value of the conveyance prior
10to it being released based on a source or sources defined in 50
11Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
12    If the conveyance subject to government taking during an
13arrest forfeiture is released under this Section and is
14subsequently taken forfeited, the person to whom the conveyance
15was released shall return the conveyance to the law enforcement
16agency that took seized the conveyance within 7 days from the
17date of the declaration of government taking forfeiture or
18order of government taking forfeiture. If the conveyance is not
19returned within 7 days, the cash security shall be taken
20forfeited in the same manner as the conveyance subject to
21government taking during an arrest forfeiture. If the cash
22security was less than the full market value, a judgment shall
23be entered against the parties to whom the conveyance was
24released and the registered owner, jointly and severally, for
25the difference between the full market value and the amount of
26the cash security. If the conveyance is returned in a condition

 

 

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1other than the condition in which it was released, the cash
2security shall be returned to the surety who posted the
3security minus the amount of the diminished value, and that
4amount shall be taken forfeited in the same manner as the
5conveyance subject to government taking during an arrest
6forfeiture. Additionally, the court may enter an order allowing
7any law enforcement agency in the State of Illinois to take
8seize the conveyance wherever it may be found in the State to
9satisfy the judgment if the cash security was less than the
10full market value of the conveyance.
11(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
12100-1163, eff. 12-20-18.)
 
13    (720 ILCS 5/36-2)  (from Ch. 38, par. 36-2)
14    Sec. 36-2. Complaint for property taken by government
15during an arrest forfeiture.
16    (a) If the State's Attorney of the county in which a
17government taking during an arrest such seizure occurs finds
18that the alleged violation of law giving rise to the taking
19seizure was incurred without willful negligence or without any
20intention on the part of the owner of the vessel or watercraft,
21vehicle, or aircraft or any person whose right, title, or
22interest is of record as described in Section 36-1 of this
23Article, to violate the law, or finds the existence of such
24mitigating circumstances as to justify remission of the
25government taking forfeiture, he or she may cause the law

 

 

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1enforcement agency having custody of the property to return the
2property to the owner within a reasonable time not to exceed 7
3days. The State's Attorney shall exercise his or her discretion
4under this subsection (a) prior to or promptly after the
5preliminary review under Section 36-1.5.
6    (b) If, after review of the facts surrounding the
7government taking seizure, the State's Attorney is of the
8opinion that the seized property is subject to government
9taking during an arrest forfeiture and the State's Attorney
10does not cause the government taking forfeiture to be remitted
11under subsection (a) of this Section, he or she shall bring an
12action for government taking forfeiture in the circuit court
13within whose jurisdiction the government taking seizure and
14confiscation has taken place by filing a verified complaint for
15government taking forfeiture in the circuit court within whose
16jurisdiction the taking seizure occurred, or within whose
17jurisdiction an act or omission giving rise to the taking
18seizure occurred, subject to Supreme Court Rule 187. The
19complaint shall be filed as soon as practicable but not later
20than 28 days after the State's Attorney receives notice from
21the seizing agency as provided under Section 36-1.4 of this
22Article. A complaint of government taking forfeiture shall
23include:
24        (1) a description of the property seized;
25        (2) the date and place of government taking seizure of
26    the property;

 

 

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1        (3) the name and address of the law enforcement agency
2    making the government taking seizure; and
3        (4) the specific statutory and factual grounds for the
4    government taking seizure.
5    The complaint shall be served upon each person whose right,
6title, or interest is of record in the office of the Secretary
7of State, the Secretary of Transportation, the Administrator of
8the Federal Aviation Agency, or any other department of this
9State, or any other state of the United States if the vessel or
10watercraft, vehicle, or aircraft is required to be so
11registered, as the case may be, the person from whom the
12property was taken seized, and all persons known or reasonably
13believed by the State to claim an interest in the property, as
14provided in this Article. The complaint shall be accompanied by
15the following written notice:
16    "This is a civil court proceeding subject to the Code of
17Civil Procedure. You received this Complaint of Government
18Taking Forfeiture because the State's Attorney's office has
19brought a legal action seeking government taking forfeiture of
20your seized property. This complaint starts the court process
21where the State seeks to prove that your property should be
22taken forfeited and not returned to you. This process is also
23your opportunity to try to prove to a judge that you should get
24your property back. The complaint lists the date, time, and
25location of your first court date. You must appear in court on
26that day, or you may lose the case automatically. You must also

 

 

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1file an appearance and answer. If you are unable to pay the
2appearance fee, you may qualify to have the fee waived. If
3there is a criminal case related to the taking seizure of your
4property, your case may be set for trial after the criminal
5case has been resolved. Before trial, the judge may allow
6discovery, where the State can ask you to respond in writing to
7questions and give them certain documents, and you can make
8similar requests of the State. The trial is your opportunity to
9explain what happened when your property was taken seized and
10why you should get the property back."
11    (c) (Blank).
12    (d) (Blank).
13    (e) (Blank).
14    (f) (Blank).
15    (g) (Blank).
16    (h) (Blank).
17(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18;
18100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
19    (720 ILCS 5/36-2.1)
20    Sec. 36-2.1. Notice to owner or interest holder. The first
21attempted service of notice shall be commenced within 28 days
22of the receipt of the notice from the seizing agency who took
23the property by Form 4-64. If the property taken seized is a
24conveyance, notice shall also be directed to the address
25reflected in the office of the agency or official in which

 

 

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1title to or interest in the conveyance is required by law to be
2recorded. A complaint for government taking forfeiture shall be
3served upon the property owner or interest holder in the
4following manner:
5        (1) If the owner's or interest holder's name and
6    current address are known, then by either:
7            (A) personal service; or
8            (B) mailing a copy of the notice by certified mail,
9        return receipt requested, and first class mail to that
10        address.
11                (i) If notice is sent by certified mail and no
12            signed return receipt is received by the State's
13            Attorney within 28 days of mailing, and no
14            communication from the owner or interest holder is
15            received by the State's Attorney documenting
16            actual notice by said parties, the State's
17            Attorney shall, within a reasonable period of
18            time, mail a second copy of the notice by certified
19            mail, return receipt requested, and first class
20            mail to that address.
21                (ii) If no signed return receipt is received by
22            the State's Attorney within 28 days of the second
23            attempt at service by certified mail, and no
24            communication from the owner or interest holder is
25            received by the State's Attorney documenting
26            actual notice by said parties, the State's

 

 

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1            Attorney shall have 60 days to attempt to serve the
2            notice by personal service, which also includes
3            substitute service by leaving a copy at the usual
4            place of abode with some person of the family or a
5            person residing there, of the age of 13 years or
6            upwards. If, after 3 attempts at service in this
7            manner, no service of the notice is accomplished,
8            then the notice shall be posted in a conspicuous
9            manner at this address and service shall be made by
10            the posting.
11            The attempts at service and the posting, if
12        required, shall be documented by the person attempting
13        service and said documentation shall be made part of a
14        return of service returned to the State's Attorney.
15            The State's Attorney may utilize a Sheriff or
16        Deputy Sheriff, any peace officer, a private process
17        server or investigator, or any employee, agent, or
18        investigator of the State's Attorney's office to
19        attempt service without seeking leave of court.
20            After the procedures are followed, service shall
21        be effective on an owner or interest holder on the date
22        of receipt by the State's Attorney of a return receipt,
23        or on the date of receipt of a communication from an
24        owner or interest holder documenting actual notice,
25        whichever is first in time, or on the date of the last
26        act performed by the State's Attorney in attempting

 

 

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1        personal service under item (ii) of this paragraph (1).
2        If notice is to be shown by actual notice from
3        communication with a claimant, then the State's
4        Attorney shall file an affidavit providing details of
5        the communication, which shall be accepted as
6        sufficient proof of service by the court.
7            For purposes of notice under this Section, if a
8        person has been arrested for the conduct giving rise to
9        the government taking forfeiture, the address provided
10        to the arresting agency at the time of arrest shall be
11        deemed to be that person's known address. Provided,
12        however, if an owner or interest holder's address
13        changes prior to the effective date of the complaint
14        for government taking forfeiture, the owner or
15        interest holder shall promptly notify the seizing
16        agency who took the property of the change in address
17        or, if the owner or interest holder's address changes
18        subsequent to the effective date of the notice of
19        pending government taking forfeiture, the owner or
20        interest holder shall promptly notify the State's
21        Attorney of the change in address; or if the property
22        seized is a conveyance, to the address reflected in the
23        office of the agency or official in which title to or
24        interest in the conveyance is required by law to be
25        recorded.
26        (2) If the owner's or interest holder's address is not

 

 

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1    known, and is not on record, then notice shall be served by
2    publication for 3 successive weeks in a newspaper of
3    general circulation in the county in which the government
4    taking seizure occurred.
5        (3) Notice to any business entity, corporation,
6    limited liability company, limited liability partnership,
7    or partnership shall be completed by a single mailing of a
8    copy of the notice by certified mail, return receipt
9    requested, and first class mail to that address. This
10    notice is complete regardless of the return of a signed
11    return receipt.
12        (4) Notice to a person whose address is not within the
13    State shall be completed by a single mailing of a copy of
14    the notice by certified mail, return receipt requested, and
15    first class mail to that address. This notice is complete
16    regardless of the return of a signed return receipt.
17        (5) Notice to a person whose address is not within the
18    United States shall be completed by a single mailing of a
19    copy of the notice by certified mail, return receipt
20    requested, and first class mail to that address. This
21    notice shall be complete regardless of the return of a
22    signed return receipt. If certified mail is not available
23    in the foreign country where the person has an address,
24    then notice shall proceed by publication under paragraph
25    (2) of this Section.
26        (6) Notice to any person whom the State's Attorney

 

 

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1    reasonably should know is incarcerated within the State
2    shall also include mailing a copy of the notice by
3    certified mail, return receipt requested, and first class
4    mail to the address of the detention facility with the
5    inmate's name clearly marked on the envelope.
6(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
7100-1163, eff. 12-20-18.)
 
8    (720 ILCS 5/36-2.2)
9    Sec. 36-2.2. Replevin prohibited; return of personal
10property inside taken seized conveyance.
11    (a) Property taken seized under this Article shall not be
12subject to replevin, but is deemed to be in the custody of the
13Director of State Police, subject only to the order and
14judgments of the circuit court having jurisdiction over the
15government taking forfeiture proceedings and the decisions of
16the State's Attorney.
17    (b) A claimant or a party interested in personal property
18contained within a taken seized conveyance may file a motion
19with the court in a judicial forfeiture action for the return
20of any personal property contained within a conveyance taken
21seized under this Article. The return of personal property
22shall not be unreasonably withheld if the personal property is
23not mechanically or electrically coupled to the conveyance,
24needed for evidentiary purposes, or otherwise contraband. A law
25enforcement agency that returns property under a court order

 

 

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1under this Section shall not be liable to any person who claims
2ownership to the property if the property is returned to an
3improper party.
4(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
5    (720 ILCS 5/36-2.5)
6    Sec. 36-2.5. Judicial in rem procedures.
7    (a) The laws of evidence relating to civil actions shall
8apply to judicial in rem proceedings under this Article.
9    (b) Only an owner of or interest holder in the property may
10file an answer asserting a claim against the property in the
11action in rem. For purposes of this Section, the owner or
12interest holder shall be referred to as claimant. A person not
13named in the government taking forfeiture complaint who claims
14to have an interest in the property may petition to intervene
15as a claimant under Section 2-408 of the Code of Civil
16Procedure.
17    (c) The answer shall be filed with the court within 45 days
18after service of the civil in rem complaint.
19    (d) The trial shall be held within 60 days after filing of
20the answer unless continued for good cause.
21    (e) In its case in chief, the State shall show by a
22preponderance of the evidence that:
23        (1) the property is subject to government taking during
24    an arrest forfeiture; and
25        (2) at least one of the following:

 

 

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1            (i) the claimant knew or should have known that the
2        conduct was likely to occur; or
3            (ii) the claimant is not the true owner of the
4        property that is subject to government taking during an
5        arrest forfeiture.
6    In any government taking forfeiture case under this
7Article, a claimant may present evidence to overcome evidence
8presented by the State that the property is subject to
9government taking during an arrest forfeiture.
10    (f) Notwithstanding any other provision of this Section,
11the State's burden of proof at the trial of the government
12taking forfeiture action shall be by clear and convincing
13evidence if:
14        (1) a finding of not guilty is entered as to all counts
15    and all defendants in a criminal proceeding relating to the
16    conduct giving rise to the government taking forfeiture
17    action; or
18        (2) the State receives an adverse finding at a
19    preliminary hearing and fails to secure an indictment in a
20    criminal proceeding related to the factual allegations of
21    the government taking forfeiture action.
22    (g) If the State does not meet its burden of proof, the
23court shall order the interest in the property returned or
24conveyed to the claimant and shall order all other property in
25which the State does meet its burden of proof taken by
26forfeited to the State. If the State does meet its burden of

 

 

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1proof, the court shall order all property taken by forfeited to
2the State.
3    (h) A defendant convicted in any criminal proceeding is
4precluded from later denying the essential allegations of the
5criminal offense of which the defendant was convicted in any
6proceeding under this Article regardless of the pendency of an
7appeal from that conviction. However, evidence of the pendency
8of an appeal is admissible.
9    (i) An acquittal or dismissal in a criminal proceeding
10shall not preclude civil proceedings under this Act; however,
11for good cause shown, on a motion by either party, the court
12may stay civil government taking forfeiture proceedings during
13the criminal trial for a related criminal indictment or
14information alleging a violation of law authorizing government
15taking during an arrest forfeiture under Section 36-1 of this
16Article.
17    (j) Title to all property declared taken forfeited under
18this Act vests in this State on the commission of the conduct
19giving rise to government taking forfeiture together with the
20proceeds of the property after that time. Except as otherwise
21provided in this Article, any property or proceeds subsequently
22transferred to any person remain subject to government taking
23forfeiture unless a person to whom the property was transferred
24makes an appropriate claim under or has the claim adjudicated
25at the judicial in rem hearing.
26    (k) No property shall be subject to government taking

 

 

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1during an arrest forfeited under this Article from a person
2who, without actual or constructive notice that the property
3was the subject of government taking forfeiture proceedings,
4obtained possession of the property as a bona fide purchaser
5for value. A person who purports to transfer property after
6receiving actual or constructive notice that the property is
7subject to government taking during an arrest seizure or
8forfeiture is guilty of contempt of court and shall be liable
9to the State for a penalty in the amount of the fair market
10value of the property.
11    (l) A civil action under this Article shall be commenced
12within 5 years after the last conduct giving rise to the
13government taking forfeiture became known or should have become
14known or 5 years after the taken forfeitable property is
15discovered, whichever is later, excluding any time during which
16either the property or claimant is out of the State or in
17confinement or during which criminal proceedings relating to
18the same conduct are in progress.
19    (m) If property is ordered taken forfeited under this
20Article from a claimant who held title to the property in joint
21tenancy or tenancy in common with another claimant, the court
22shall determine the amount of each owner's interest in the
23property according to principles of property law.
24(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
25100-1163, eff. 12-20-18.)
 

 

 

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1    (720 ILCS 5/36-2.7)
2    Sec. 36-2.7. Innocent owner hearing.
3    (a) After a complaint for government taking forfeiture has
4been filed and all claimants have appeared and answered, a
5claimant may file a motion with the court for an innocent owner
6hearing prior to trial. This motion shall be made and supported
7by sworn affidavit and shall assert the following along with
8specific facts that support each assertion:
9        (1) that the claimant filing the motion is the true
10    owner of the conveyance as interpreted by case law; and
11        (2) that the claimant did not know or did not have
12    reason to know the conduct giving rise to the government
13    taking forfeiture was likely to occur.
14    The claimant's motion shall include specific facts that
15support these assertions.
16    (b) Upon the filing, a hearing may only be conducted after
17the parties have been given the opportunity to conduct limited
18discovery as to the ownership and control of the property, the
19claimant's knowledge, or any matter relevant to the issues
20raised or facts alleged in the claimant's motion. Discovery
21shall be limited to the People's requests in these areas but
22may proceed by any means allowed in the Code of Civil
23Procedure.
24    (c) After discovery is complete and the court has allowed
25for sufficient time to review and investigate the discovery
26responses, the court shall conduct a hearing. At the hearing,

 

 

SB1528- 95 -LRB101 06797 SLF 51824 b

1the fact that the conveyance is subject to government taking
2forfeiture shall not be at issue. The court shall only hear
3evidence relating to the issue of innocent ownership.
4    (d) At the hearing on the motion, the claimant shall bear
5the burden of proving each of the assertions listed in
6subsection (a) of this Section by a preponderance of the
7evidence. If a claimant meets the burden of proof, the court
8shall grant the motion and order the conveyance returned to the
9claimant. If the claimant fails to meet the burden of proof,
10the court shall deny the motion and the forfeiture case shall
11proceed according to the Code of Civil Procedure.
12(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
13    (720 ILCS 5/36-3)  (from Ch. 38, par. 36-3)
14    Sec. 36-3. Exemptions from government taking forfeiture.
15    (a) No vessel or watercraft, vehicle, or aircraft used by
16any person as a common carrier in the transaction of business
17as such common carrier may be subject to government taking
18during an arrest forfeited under the provisions of Section 36-2
19unless the State proves by a preponderance of the evidence that
20(1) in the case of a railway car or engine, the owner, or (2) in
21the case of any other such vessel or watercraft, vehicle or
22aircraft, the owner or the master of such vessel or watercraft
23or the owner or conductor, driver, pilot, or other person in
24charge of such vehicle or aircraft was at the time of the
25alleged illegal act a consenting party or privy thereto.

 

 

SB1528- 96 -LRB101 06797 SLF 51824 b

1    (b) No vessel or watercraft, vehicle, or aircraft shall be
2subject to government taking during an arrest forfeited under
3the provisions of Section 36-2 of this Article by reason of any
4act or omission committed or omitted by any person other than
5such owner while such vessel or watercraft, vehicle, or
6aircraft was unlawfully in the possession of a person who
7acquired possession thereof in violation of the criminal laws
8of the United States, or of any state.
9(Source: P.A. 100-512, eff. 7-1-18.)
 
10    (720 ILCS 5/36-3.1)
11    Sec. 36-3.1. Proportionality. Property taken by the
12government during an arrest forfeited under this Article shall
13be subject to an 8th Amendment to the United States
14Constitution disproportionate penalties analysis, and the
15property subject to government taking forfeiture may be denied
16in whole or in part if the court finds that the government
17taking forfeiture would constitute an excessive fine in
18violation of the 8th Amendment to the United States
19Constitution, as interpreted by case law.
20(Source: P.A. 100-512, eff. 7-1-18.)
 
21    (720 ILCS 5/36-4)  (from Ch. 38, par. 36-4)
22    Sec. 36-4. Remission by Attorney General. Whenever any
23owner of, or other person interested in, a vessel or
24watercraft, vehicle, or aircraft taken seized under the

 

 

SB1528- 97 -LRB101 06797 SLF 51824 b

1provisions of this Act files with the Attorney General before
2the sale or destruction of such vessel or watercraft, vehicle,
3or aircraft, a petition for the remission of such government
4taking forfeiture the Attorney General if he finds that such
5government taking forfeiture was incurred without willful
6negligence or without any intention on the part of the owner or
7any person whose right, title or interest is of record as
8described in Section 36-1, to violate the law, or finds the
9existence of such mitigating circumstances as to justify the
10remission of government taking forfeiture, may cause the same
11to be remitted upon such terms and conditions as he deems
12reasonable and just, or order discontinuance of any government
13taking forfeiture proceeding relating thereto.
14(Source: P.A. 98-699, eff. 1-1-15.)
 
15    (720 ILCS 5/36-6)
16    Sec. 36-6. Return of property, damages and costs.
17    (a) The law enforcement agency that holds custody of
18property taken by the government during an arrest seized for
19forfeiture shall return to the claimant, within a reasonable
20period of time not to exceed 7 days unless the order is stayed
21by the trial court or a reviewing court pending an appeal,
22motion to reconsider, or other reason after the court orders
23the property to be returned or conveyed to the claimant:
24        (1) property ordered by the court to be conveyed or
25    returned to the claimant; and

 

 

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1        (2) property ordered by the court to be conveyed or
2    returned to the claimant under subsection (d) of Section
3    36-3.1 of this Article.
4    (b) The law enforcement agency that holds custody of
5property taken by the government during an arrest seized under
6this Article is responsible for any damages, storage fees, and
7related costs applicable to property returned to a claimant
8under this Article. The claimant shall not be subject to any
9charges by the State for storage of the property or expenses
10incurred in the preservation of the property. Charges for the
11towing of a conveyance shall be borne by the claimant unless
12the conveyance was towed for the sole reason of government
13taking seizure for forfeiture. This subsection does not
14prohibit the imposition of any fees or costs by a home rule
15unit of local government related to the impoundment of a
16conveyance under an ordinance enacted by the unit of
17government.
18(Source: P.A. 100-512, eff. 7-1-18.)
 
19    (720 ILCS 5/36-7)
20    Sec. 36-7. Distribution of proceeds; selling or retaining
21taken seized property prohibited.
22    (a) Except as otherwise provided in this Section, the court
23shall order that property subject to government taking
24forfeited under this Article be delivered to the Department of
25State Police within 60 days.

 

 

SB1528- 99 -LRB101 06797 SLF 51824 b

1    (b) The Department of State Police or its designee shall
2dispose of all property at public auction and shall distribute
3the proceeds of the sale, together with any moneys taken
4forfeited or seized, under subsection (c) of this Section.
5    (c) All moneys and the sale proceeds of all other property
6taken forfeited and seized under this Act shall be distributed
7as follows:
8        (1) 65% shall be distributed to the drug task force,
9    metropolitan enforcement group, local, municipal, county,
10    or State law enforcement agency or agencies that conducted
11    or participated in the investigation resulting in the
12    forfeiture. The distribution shall bear a reasonable
13    relationship to the degree of direct participation of the
14    law enforcement agency in the effort resulting in the
15    government taking forfeiture, taking into account the
16    total value of the property forfeited and the total law
17    enforcement effort with respect to the violation of the law
18    upon which the government taking forfeiture is based.
19    Amounts distributed to the agency or agencies shall be
20    used, at the discretion of the agency, for the enforcement
21    of criminal laws; or for public education in the community
22    or schools in the prevention or detection of the abuse of
23    drugs or alcohol; or for security cameras used for the
24    prevention or detection of violence, except that amounts
25    distributed to the Secretary of State shall be deposited
26    into the Secretary of State Evidence Fund to be used as

 

 

SB1528- 100 -LRB101 06797 SLF 51824 b

1    provided in Section 2-115 of the Illinois Vehicle Code.
2        Any local, municipal, or county law enforcement agency
3    entitled to receive a monetary distribution of forfeiture
4    proceeds may share those forfeiture proceeds pursuant to
5    the terms of an intergovernmental agreement with a
6    municipality that has a population in excess of 20,000 if:
7            (A) the receiving agency has entered into an
8        intergovernmental agreement with the municipality to
9        provide police services;
10            (B) the intergovernmental agreement for police
11        services provides for consideration in an amount of not
12        less than $1,000,000 per year;
13            (C) the government taking seizure took place
14        within the geographical limits of the municipality;
15        and
16            (D) the funds are used only for the enforcement of
17        criminal laws; for public education in the community or
18        schools in the prevention or detection of the abuse of
19        drugs or alcohol; or for security cameras used for the
20        prevention or detection of violence or the
21        establishment of a municipal police force, including
22        the training of officers, construction of a police
23        station, the purchase of law enforcement equipment, or
24        vehicles.
25        (2) 12.5% shall be distributed to the Office of the
26    State's Attorney of the county in which the prosecution

 

 

SB1528- 101 -LRB101 06797 SLF 51824 b

1    resulting in the government taking forfeiture was
2    instituted, deposited in a special fund in the county
3    treasury and appropriated to the State's Attorney for use,
4    at the discretion of the State's Attorney, in the
5    enforcement of criminal laws; or for public education in
6    the community or schools in the prevention or detection of
7    the abuse of drugs or alcohol; or at the discretion of the
8    State's Attorney, in addition to other authorized
9    purposes, to make grants to local substance abuse treatment
10    facilities and half-way houses. In counties over 3,000,000
11    population, 25% will be distributed to the Office of the
12    State's Attorney for use, at the discretion of the State's
13    Attorney, in the enforcement of criminal laws; or for
14    public education in the community or schools in the
15    prevention or detection of the abuse of drugs or alcohol;
16    or at the discretion of the State's Attorney, in addition
17    to other authorized purposes, to make grants to local
18    substance abuse treatment facilities and half-way houses.
19    If the prosecution is undertaken solely by the Attorney
20    General, the portion provided shall be distributed to the
21    Attorney General for use in the enforcement of criminal
22    laws governing cannabis and controlled substances or for
23    public education in the community or schools in the
24    prevention or detection of the abuse of drugs or alcohol.
25        12.5% shall be distributed to the Office of the State's
26    Attorneys Appellate Prosecutor and shall be used at the

 

 

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1    discretion of the State's Attorneys Appellate Prosecutor
2    for additional expenses incurred in the investigation,
3    prosecution and appeal of cases arising in the enforcement
4    of criminal laws; or for public education in the community
5    or schools in the prevention or detection of the abuse of
6    drugs or alcohol. The Office of the State's Attorneys
7    Appellate Prosecutor shall not receive distribution from
8    cases brought in counties with over 3,000,000 population.
9        (3) 10% shall be retained by the Department of State
10    Police for expenses related to the administration and sale
11    of taken seized and forfeited property.
12    (d) A law enforcement agency shall not retain taken
13forfeited property for its own use or transfer the property to
14any person or entity, except as provided under this Section. A
15law enforcement agency may apply in writing to the Director of
16State Police to request that taken forfeited property be
17awarded to the agency for a specifically articulated official
18law enforcement use in an investigation. The Director of State
19Police shall provide a written justification in each instance
20detailing the reasons why the taken forfeited property was
21placed into official use, and the justification shall be
22retained for a period of not less than 3 years.
23(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
24    (720 ILCS 5/36.5-5)
25    Sec. 36.5-5. Vehicle impoundment.

 

 

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1    (a) In addition to any other penalty, fee or government
2taking forfeiture provided by law, a peace officer who arrests
3a person for a violation of Section 10-9, 11-14, 11-14.1,
411-14.3, 11-14.4, 11-18, or 11-18.1 of this Code or related
5municipal ordinance, may tow and impound any vehicle used by
6the person in the commission of the violation. The person
7arrested for one or more such violations shall be charged a
8$1,000 fee, to be paid to the law enforcement agency that made
9the arrest or its designated representative. The person may
10recover the vehicle from the impound after a minimum of 2 hours
11after arrest upon payment of the fee.
12    (b) $500 of the fee shall be distributed to the law
13enforcement agency whose peace officers made the arrest, for
14the costs incurred by the law enforcement agency to investigate
15and to tow and impound the vehicle. Upon the defendant's
16conviction of one or more of the violations in connection with
17which the vehicle was impounded and the fee imposed under this
18Section, the remaining $500 of the fee shall be deposited into
19the Specialized Services for Survivors of Human Trafficking
20Fund and disbursed in accordance with subsections (d), (e), and
21(f) of Section 5-9-1.21 of the Unified Code of Corrections.
22    (c) Upon the presentation by the defendant of a signed
23court order showing that the defendant has been acquitted of
24all of the violations in connection with which a vehicle was
25impounded and a fee imposed under this Section, or that the
26charges against the defendant for those violations have been

 

 

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1dismissed, the law enforcement agency shall refund the $1,000
2fee to the defendant.
3(Source: P.A. 97-333, eff. 8-12-11; 97-897, eff. 1-1-13;
497-1109, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1013, eff.
51-1-15.)
 
6    (720 ILCS 5/47-15)
7    Sec. 47-15. Dumping garbage upon real property.
8    (a) It is unlawful for a person to dump, deposit, or place
9garbage, rubbish, trash, or refuse upon real property not owned
10by that person without the consent of the owner or person in
11possession of the real property.
12    (b) A person who violates this Section is liable to the
13owner or person in possession of the real property on which the
14garbage, rubbish, trash, or refuse is dumped, deposited, or
15placed for the reasonable costs incurred by the owner or person
16in possession for cleaning up and properly disposing of the
17garbage, rubbish, trash, or refuse, and for reasonable
18attorneys' fees.
19    (c) A person violating this Section is guilty of a Class B
20misdemeanor for which the court must impose a minimum fine of
21$500. A second conviction for an offense committed after the
22first conviction is a Class A misdemeanor for which the court
23must impose a minimum fine of $500. A third or subsequent
24violation, committed after a second conviction, is a Class 4
25felony for which the court must impose a minimum fine of $500.

 

 

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1A person who violates this Section and who has an equity
2interest in a motor vehicle used in violation of this Section
3is presumed to have the financial resources to pay the minimum
4fine not exceeding his or her equity interest in the vehicle.
5Personal property used by a person in violation of this Section
6shall on the third or subsequent conviction of the person be
7taken forfeited to the county where the violation occurred and
8disposed of at a public sale. Before the government taking
9forfeiture, the court shall conduct a hearing to determine
10whether property is subject to government taking forfeiture
11under this Section. At the government taking forfeiture hearing
12the State has the burden of establishing by a preponderance of
13the evidence that property is subject to government taking
14forfeiture under this Section. Property taken by government
15during an arrest seized or forfeited under this Section is
16subject to reporting under the Seizure and Forfeiture Reporting
17Act.
18    (d) The statutory minimum fine required by subsection (c)
19is not subject to reduction or suspension unless the defendant
20is indigent. If the defendant files a motion with the court
21asserting his or her inability to pay the mandatory fine
22required by this Section, the court must set a hearing on the
23motion before sentencing. The court must require an affidavit
24signed by the defendant containing sufficient information to
25ascertain the assets and liabilities of the defendant. If the
26court determines that the defendant is indigent, the court must

 

 

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1require that the defendant choose either to pay the minimum
2fine of $500 or to perform 100 hours of community service.
3(Source: P.A. 100-512, eff. 7-1-18.)
 
4    Section 40. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 124B-5, 124B-10, 124B-15,
6124B-100, 124B-105, 124B-110, 124B-115, 124B-120, 124B-125,
7124B-130, 124B-135, 124B-140, 124B-145, 124B-150, 124B-155,
8124B-160, 124B-165, 124B-170, 124B-175, 124B-180, 124B-190,
9124B-195, 124B-300, 124B-305, 124B-310, 124B-400, 124B-405,
10124B-410, 124B-415, 124B-420, 124B-425, 124B-500, 124B-505,
11124B-510, 124B-600, 124B-605, 124B-610, 124B-615, 124B-700,
12124B-705, 124B-710, 124B-715, 124B-720, 124B-800, 124B-805,
13124B-810, 124B-815, 124B-820, 124B-825, 124B-830, 124B-900,
14124B-905, 124B-910, 124B-915, 124B-920, 124B-925, 124B-930,
15124B-935, 124B-940, 124B-1000, 124B-1010, 124B-1020,
16124B-1030, 124B-1040, 124B-1045, and 124B-1050 and by adding
17124B-7 as follows:
 
18    (725 ILCS 5/124B-5)
19    Sec. 124B-5. Purpose and scope. The purpose of this Article
20is to set forth in one place the provisions relating to
21government taking forfeiture of property in connection with
22violations of certain criminal statutes. Part 100 of this
23Article sets forth standard provisions that apply to these
24government taking forfeiture proceedings. In Parts 300 and

 

 

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1following, for each type of criminal violation, this Article
2sets forth (i) provisions that apply to property taken by the
3government during an arrest forfeiture only in connection with
4that type of violation and (ii) by means of incorporation by
5reference, the standard government taking forfeiture
6provisions that apply to that type of violation.
7(Source: P.A. 96-712, eff. 1-1-10.)
 
8    (725 ILCS 5/124B-7 new)
9    Sec. 124B-7. Standardized forms; property taken by the
10government. Standardized forms regarding property taken by the
11government during an arrest, including a hardship motion,
12verified claim, and answer to a complaint, as determined by the
13Supreme Court, shall be used statewide.
 
14    (725 ILCS 5/124B-10)
15    Sec. 124B-10. Applicability; offenses. This Article
16applies to property taken by the government during an arrest
17forfeiture of property in connection with the following:
18        (1) A violation of Section 10-9 or 10A-10 of the
19    Criminal Code of 1961 or the Criminal Code of 2012
20    (involuntary servitude; involuntary servitude of a minor;
21    or trafficking in persons).
22        (2) A violation of subdivision (a)(1) of Section
23    11-14.4 of the Criminal Code of 1961 or the Criminal Code
24    of 2012 (promoting juvenile prostitution) or a violation of

 

 

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1    Section 11-17.1 of the Criminal Code of 1961 (keeping a
2    place of juvenile prostitution).
3        (3) A violation of subdivision (a)(4) of Section
4    11-14.4 of the Criminal Code of 1961 or the Criminal Code
5    of 2012 (promoting juvenile prostitution) or a violation of
6    Section 11-19.2 of the Criminal Code of 1961 (exploitation
7    of a child).
8        (4) A second or subsequent violation of Section 11-20
9    of the Criminal Code of 1961 or the Criminal Code of 2012
10    (obscenity).
11        (5) A violation of Section 11-20.1 of the Criminal Code
12    of 1961 or the Criminal Code of 2012 (child pornography).
13        (6) A violation of Section 11-20.1B or 11-20.3 of the
14    Criminal Code of 1961 (aggravated child pornography).
15        (6.5) A violation of Section 11-23.5 of the Criminal
16    Code of 2012.
17        (7) A violation of Section 12C-65 of the Criminal Code
18    of 2012 or Article 44 of the Criminal Code of 1961
19    (unlawful transfer of a telecommunications device to a
20    minor).
21        (8) A violation of Section 17-50 or Section 16D-5 of
22    the Criminal Code of 2012 or the Criminal Code of 1961
23    (computer fraud).
24        (9) A felony violation of Section 17-6.3 or Article 17B
25    of the Criminal Code of 2012 or the Criminal Code of 1961
26    (WIC fraud).

 

 

SB1528- 109 -LRB101 06797 SLF 51824 b

1        (10) A felony violation of Section 48-1 of the Criminal
2    Code of 2012 or Section 26-5 of the Criminal Code of 1961
3    (dog fighting).
4        (11) A violation of Article 29D of the Criminal Code of
5    1961 or the Criminal Code of 2012 (terrorism).
6        (12) A felony violation of Section 4.01 of the Humane
7    Care for Animals Act (animals in entertainment).
8(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
106-1-15.)
 
11    (725 ILCS 5/124B-100)
12    Sec. 124B-100. Definition; "offense". For purposes of this
13Article, "offense" is defined as follows:
14        (1) In the case of government taking of property during
15    an arrest forfeiture authorized under Section 10A-15 of the
16    Criminal Code of 1961 or Section 10-9 of the Criminal Code
17    of 2012, "offense" means the offense of involuntary
18    servitude, involuntary servitude of a minor, or
19    trafficking in persons in violation of Section 10-9 or
20    10A-10 of those Codes.
21        (2) In the case of government taking of property during
22    an arrest forfeiture authorized under subdivision (a)(1)
23    of Section 11-14.4, or Section 11-17.1, of the Criminal
24    Code of 1961 or the Criminal Code of 2012, "offense" means
25    the offense of promoting juvenile prostitution or keeping a

 

 

SB1528- 110 -LRB101 06797 SLF 51824 b

1    place of juvenile prostitution in violation of subdivision
2    (a)(1) of Section 11-14.4, or Section 11-17.1, of those
3    Codes.
4        (3) In the case of government taking of property during
5    an arrest forfeiture authorized under subdivision (a)(4)
6    of Section 11-14.4, or Section 11-19.2, of the Criminal
7    Code of 1961 or the Criminal Code of 2012, "offense" means
8    the offense of promoting juvenile prostitution or
9    exploitation of a child in violation of subdivision (a)(4)
10    of Section 11-14.4, or Section 11-19.2, of those Codes.
11        (4) In the case of government taking of property during
12    an arrest forfeiture authorized under Section 11-20 of the
13    Criminal Code of 1961 or the Criminal Code of 2012,
14    "offense" means the offense of obscenity in violation of
15    that Section.
16        (5) In the case of government taking of property during
17    an arrest forfeiture authorized under Section 11-20.1 of
18    the Criminal Code of 1961 or the Criminal Code of 2012,
19    "offense" means the offense of child pornography in
20    violation of Section 11-20.1 of that Code.
21        (6) In the case of government taking or property during
22    an arrest forfeiture authorized under Section 11-20.1B or
23    11-20.3 of the Criminal Code of 1961, "offense" means the
24    offense of aggravated child pornography in violation of
25    Section 11-20.1B or 11-20.3 of that Code.
26        (7) In the case of government taking of property during

 

 

SB1528- 111 -LRB101 06797 SLF 51824 b

1    an arrest forfeiture authorized under Section 12C-65 of the
2    Criminal Code of 2012 or Article 44 of the Criminal Code of
3    1961, "offense" means the offense of unlawful transfer of a
4    telecommunications device to a minor in violation of
5    Section 12C-65 or Article 44 of those Codes.
6        (8) In the case of government taking of property during
7    an arrest forfeiture authorized under Section 17-50 or
8    16D-5 of the Criminal Code of 1961 or the Criminal Code of
9    2012, "offense" means the offense of computer fraud in
10    violation of Section 17-50 or 16D-5 of those Codes.
11        (9) In the case of government taking of property during
12    an arrest forfeiture authorized under Section 17-6.3 or
13    Article 17B of the Criminal Code of 1961 or the Criminal
14    Code of 2012, "offense" means any felony violation of
15    Section 17-6.3 or Article 17B of those Codes.
16        (10) In the case of government taking of property
17    during an arrest forfeiture authorized under Section
18    29D-65 of the Criminal Code of 1961 or the Criminal Code of
19    2012, "offense" means any offense under Article 29D of that
20    Code.
21        (11) In the case of government taking of property
22    during an arrest forfeiture authorized under Section 4.01
23    of the Humane Care for Animals Act, Section 26-5 of the
24    Criminal Code of 1961, or Section 48-1 of the Criminal Code
25    of 2012, "offense" means any felony offense under either of
26    those Sections.

 

 

SB1528- 112 -LRB101 06797 SLF 51824 b

1        (12) In the case of government taking of property
2    during an arrest forfeiture authorized under Section
3    124B-1000(b) of the Code of Criminal Procedure of 1963,
4    "offense" means an offense in violation of the Criminal
5    Code of 1961, the Criminal Code of 2012, the Illinois
6    Controlled Substances Act, the Cannabis Control Act, or the
7    Methamphetamine Control and Community Protection Act, or
8    an offense involving a telecommunications device possessed
9    by a person on the real property of any elementary or
10    secondary school without authority of the school
11    principal.
12(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
1397-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
141-1-13; 97-1150, eff. 1-25-13.)
 
15    (725 ILCS 5/124B-110)
16    Sec. 124B-110. Definition; "owner". In this Article,
17"owner" means a person with an ownership interest in the
18specific property sought to be subject to taking by the
19government during an arrest forfeited, including a leasehold,
20lien, mortgage, recorded security interest, or valid
21assignment of an ownership interest. "Owner" does not include
22any of the following:
23        (1) A person with only a general unsecured interest in,
24    or claim against, the property or estate of another.
25        (2) A bailee, unless the bailor is identified and the

 

 

SB1528- 113 -LRB101 06797 SLF 51824 b

1    bailee shows a colorable legitimate interest in the
2    property seized.
3        (3) A nominee who exercises no dominion or control over
4    the property.
5(Source: P.A. 96-712, eff. 1-1-10.)
 
6    (725 ILCS 5/124B-125)
7    Sec. 124B-125. Real property exempt from taking by
8government during an arrest forfeiture.
9    (a) An interest in real property is exempt from taking by
10the government during an arrest forfeiture under this Article
11if its owner or interest holder establishes by a preponderance
12of evidence that he or she meets all of the following
13requirements:
14        (1) He or she is not legally accountable for the
15    conduct giving rise to the government taking forfeiture, or
16    did not solicit, conspire, or attempt to commit the conduct
17    giving rise to the government taking forfeiture.
18        (2) He or she had not acquired and did not stand to
19    acquire substantial proceeds from the conduct giving rise
20    to the government taking forfeiture other than as an
21    interest holder in an arms-length commercial transaction.
22        (3) He or she does not hold the property for the
23    benefit of or as a nominee for any person whose conduct
24    gave rise to the government taking forfeiture, and, if he
25    or she acquired the interest through any such person, he or

 

 

SB1528- 114 -LRB101 06797 SLF 51824 b

1    she acquired it as a bona fide purchaser for value without
2    knowingly taking part in the conduct giving rise to the
3    government taking forfeiture.
4        (4) He or she acquired the interest before a notice of
5    government taking seizure for forfeiture or a lis pendens
6    notice with respect to the property was filed in the office
7    of the recorder of deeds of the county in which the
8    property is located and either:
9            (A) acquired the interest before the commencement
10        of the conduct giving rise to the government taking
11        forfeiture, and the person whose conduct gave rise to
12        the government taking forfeiture did not have the
13        authority to convey the interest to a bona fide
14        purchaser for value at the time of the conduct; or
15            (B) acquired the interest after the commencement
16        of the conduct giving rise to the government taking
17        forfeiture, and he or she acquired the interest as a
18        mortgagee, secured creditor, lienholder, or bona fide
19        purchaser for value without knowledge of the conduct
20        that gave rise to the government taking forfeiture.
21        (5) With respect to a property interest in existence at
22    the time the illegal conduct giving rise to the government
23    taking forfeiture took place, he or she either:
24            (A) did not know of the conduct giving rise to the
25        government taking forfeiture; or
26            (B) upon learning of the conduct giving rise to the

 

 

SB1528- 115 -LRB101 06797 SLF 51824 b

1        government taking forfeiture, did all that reasonably
2        could be expected under the circumstances to terminate
3        that use of the property.
4        (6) The property is not a type of property, possession
5    of which is otherwise in violation of law.
6    (b) For purposes of paragraph (5) of subsection (a), ways
7in which a person may show that he or she did all that
8reasonably could be expected include demonstrating that he or
9she, to the extent permitted by law, did either of the
10following:
11        (1) Gave timely notice to an appropriate law
12    enforcement agency of information that led the person to
13    know that the conduct giving rise to a government taking
14    forfeiture would occur or had occurred.
15        (2) In a timely fashion revoked or made a good faith
16    attempt to revoke permission for those engaging in the
17    conduct to use the property or took reasonable actions in
18    consultation with a law enforcement agency to discourage or
19    prevent the illegal use of the property.
20    A person is not required by this subsection (b) to take
21steps that the person reasonably believes would be likely to
22subject any person (other than the person whose conduct gave
23rise to the government taking forfeiture) to physical danger.
24(Source: P.A. 96-712, eff. 1-1-10; 97-813, eff. 7-13-12.)
 
25    (725 ILCS 5/124B-130)

 

 

SB1528- 116 -LRB101 06797 SLF 51824 b

1    Sec. 124B-130. Personal property exempt from taking by
2government during an arrest forfeiture.
3    (a) An interest in personal property is exempt from taking
4by the government during an arrest forfeiture under this
5Article if its owner or interest holder establishes by a
6preponderance of evidence that he or she meets all of the
7following requirements:
8        (1) He or she is not legally accountable for the
9    conduct giving rise to the government taking forfeiture,
10    did not acquiesce in it, and did not know and could not
11    reasonably have known of the conduct or that the conduct
12    was likely to occur.
13        (2) He or she had not acquired and did not stand to
14    acquire substantial proceeds from the conduct giving rise
15    to the government taking forfeiture other than as an
16    interest holder in an arms-length commercial transaction.
17        (3) He or she does not hold the property for the
18    benefit of or as a nominee for any person whose conduct
19    gave rise to the government taking forfeiture, and, if he
20    or she acquired the interest through any such person, he or
21    she acquired it as a bona fide purchaser for value without
22    knowingly taking part in the conduct giving rise to the
23    government taking forfeiture.
24        (4) He or she acquired the interest without knowledge
25    of the government taking seizure of the property for
26    forfeiture and either:

 

 

SB1528- 117 -LRB101 06797 SLF 51824 b

1            (A) acquired the interest before the commencement
2        of the conduct giving rise to the government taking
3        forfeiture, and the person whose conduct gave rise to
4        the government taking forfeiture did not have the
5        authority to convey the interest to a bona fide
6        purchaser for value at the time of the conduct; or
7            (B) acquired the interest after the commencement
8        of the conduct giving rise to the government taking
9        forfeiture, and he or she acquired the interest as a
10        mortgagee, secured creditor, lienholder, or bona fide
11        purchaser for value without knowledge of the conduct
12        that gave rise to the government taking forfeiture.
13        (5) With respect to a property interest in existence at
14    the time the illegal conduct giving rise to the government
15    taking forfeiture took place, he or she either:
16            (A) did not know of the conduct giving rise to the
17        government taking forfeiture; or
18            (B) upon learning of the conduct giving rise to the
19        government taking forfeiture, did all that reasonably
20        could be expected under the circumstances to terminate
21        that use of the property.
22        (6) With respect to conveyances, he or she did not hold
23    the property jointly or in common with a person whose
24    conduct gave rise to the government taking forfeiture.
25        (7) The property is not a type of property, possession
26    of which is otherwise in violation of law.

 

 

SB1528- 118 -LRB101 06797 SLF 51824 b

1    (b) For purposes of paragraph (5) of subsection (a), ways
2in which a person may show that he or she did all that
3reasonably could be expected include demonstrating that he or
4she, to the extent permitted by law, did either of the
5following:
6        (1) Gave timely notice to an appropriate law
7    enforcement agency of information that led the person to
8    know that the conduct giving rise to a government taking
9    forfeiture would occur or had occurred.
10        (2) In a timely fashion revoked or made a good faith
11    attempt to revoke permission for those engaging in the
12    conduct to use the property or took reasonable actions in
13    consultation with a law enforcement agency to discourage or
14    prevent the illegal use of the property.
15    A person is not required by this subsection (b) to take
16steps that the person reasonably believes would be likely to
17subject any person (other than the person whose conduct gave
18rise to the government taking forfeiture) to physical danger.
19(Source: P.A. 96-712, eff. 1-1-10.)
 
20    (725 ILCS 5/124B-140)
21    Sec. 124B-140. Court order with respect to innocent owner.
22If the court determines, in accordance with Sections 124B-125
23through 124B-135, that an innocent owner has a partial interest
24in property otherwise subject to government taking during an
25arrest forfeiture, or a joint tenancy or tenancy by the

 

 

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1entirety in that property, the court may enter an appropriate
2order doing any of the following:
3        (1) Severing and releasing the property.
4        (2) Transferring the property to the State with a
5    provision that the State compensate the innocent owner to
6    the extent of his or her ownership interest once a final
7    order of government taking forfeiture has been entered and
8    the property has been reduced to liquid assets.
9        (3) Permitting the innocent owner to retain the
10    property subject to a lien in favor of the State to the
11    extent of the forfeitable interest in the property.
12(Source: P.A. 96-712, eff. 1-1-10.)
 
13    (725 ILCS 5/124B-145)
14    Sec. 124B-145. Property constituting attorney's fees;
15government taking forfeiture not applicable. Nothing in this
16Article applies to property that constitutes reasonable bona
17fide attorney's fees paid to an attorney for services rendered
18or to be rendered in a government taking forfeiture proceeding
19under this Article, or in a criminal proceeding relating
20directly to a government taking forfeiture proceeding under
21this Article, if (i) the property was paid before its taking
22seizure and before the issuance of any seizure warrant or court
23order prohibiting transfer of the property and (ii) the
24attorney, at the time he or she received the property, did not
25know that it was property subject to government taking

 

 

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1forfeiture under this Article.
2(Source: P.A. 96-712, eff. 1-1-10.)
 
3    (725 ILCS 5/124B-150)
4    Sec. 124B-150. Protective order; probable cause.
5    (a) Upon application of the State, the circuit court
6presiding over the trial of the person or persons charged with
7the offense giving rise to government taking during an arrest
8forfeiture may enter a restraining order or injunction, or take
9other appropriate action, to preserve the availability of
10property for government taking forfeiture under this Article.
11Before entering such an order or taking such action, the court
12shall first determine the following:
13        (1) Whether there is probable cause to believe that the
14    person or persons so charged have committed the offense.
15        (2) Whether the property is subject to government
16    taking during an arrest forfeiture under this Article.
17    (b) In order to make the determinations of probable cause
18required under subsection (a), the court shall conduct a
19hearing without a jury. In that hearing, the State must
20establish both of the following:
21        (1) There is probable cause that the person or persons
22    charged have committed the offense.
23        (2) There is probable cause that property may be
24    subject to government taking during an arrest forfeiture
25    under this Article.

 

 

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1    (c) The court may conduct the hearing under subsection (b)
2simultaneously with a preliminary hearing if the prosecution is
3commenced by information or complaint. The court may conduct
4the hearing under subsection (b) at any stage in the criminal
5proceedings upon the State's motion.
6    (d) The court may accept a finding of probable cause at a
7preliminary hearing following the filing of an information
8charging the offense or following the return of an indictment
9by a grand jury charging the offense as sufficient evidence of
10probable cause as required under paragraph (1) of subsection
11(b).
12    (e) Upon making a finding of probable cause as required
13under this Section, the circuit court shall enter a restraining
14order or injunction, or take other appropriate action, as
15necessary to ensure that the property is not removed from the
16court's jurisdiction and is not concealed, destroyed, or
17otherwise disposed of by the property owner or interest holder
18before a government taking forfeiture hearing under this
19Article.
20    (f) The Attorney General or State's Attorney shall file a
21certified copy of the restraining order, injunction, or other
22prohibition with the recorder of deeds or registrar of titles
23of each county where any property of the defendant subject to
24government taking forfeiture is located.
25(Source: P.A. 96-712, eff. 1-1-10.)
 

 

 

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1    (725 ILCS 5/124B-155)
2    Sec. 124B-155. Rights of certain parties unaffected by
3protective order; release of property.
4    (a) A restraining order or injunction entered, or other
5action taken, by the court under Section 124B-150 does not
6affect the rights of any bona fide purchaser, mortgagee,
7judgment creditor, or other lienholder that arose before the
8date on which a certified copy of the restraining order,
9injunction, or other prohibition was filed in accordance with
10subsection (f) of Section 124B-150.
11    (b) At any time, upon verified petition by the defendant or
12by an innocent owner or innocent bona fide third party
13lienholder who neither had knowledge of, nor consented to, the
14illegal act or omission, the court may conduct a hearing to
15release all or portions of any property that the court
16previously determined to be subject to government taking during
17an arrest forfeiture or subject to any restraining order,
18injunction, or other action. For good cause shown and in the
19court's sound discretion, the court may release the property to
20the defendant or innocent owner or innocent bona fide third
21party lienholder who neither had knowledge of, nor consented
22to, the illegal act or omission.
23(Source: P.A. 96-712, eff. 1-1-10.)
 
24    (725 ILCS 5/124B-160)
25    Sec. 124B-160. Petition for government taking forfeiture;

 

 

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1forfeiture hearing; burden of proof.
2    (a) The Attorney General or State's Attorney may file a
3petition for government taking forfeiture of property in
4connection with an offense as defined in this Article, and,
5within a reasonable time after sentencing, the court shall
6conduct a hearing to determine whether any property is subject
7to government taking forfeiture under this Article. Every
8person with any property interest in the property alleged to be
9subject to government taking forfeiture may appear as a party
10and present evidence at the hearing.
11    (b) At the government taking forfeiture hearing, the State
12has the burden of establishing, by a preponderance of the
13evidence, that the property is subject to government taking
14during an arrest forfeiture under this Article.
15(Source: P.A. 96-712, eff. 1-1-10.)
 
16    (725 ILCS 5/124B-165)
17    Sec. 124B-165. Order of government taking forfeiture; sale
18of taken forfeited property; publication of notice; challenge
19to government taking forfeiture.
20    (a) Upon the court's determination that property is subject
21to government taking forfeiture, the court shall enter an order
22of government taking forfeiture with respect to the property at
23issue. Except as provided in Section 124B-705, the order shall
24authorize the Attorney General or State's Attorney to take
25seize all property declared subject to government taking during

 

 

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1an arrest forfeited under this Article (if the property has not
2already been taken seized) upon terms and conditions the court
3deems proper. The Attorney General or State's Attorney may then
4sell the taken forfeited property unless the court determines
5that the property is required by law to be destroyed or is
6harmful to the public.
7    (b) Following the entry of the order of government taking
8forfeiture, the Attorney General or State's Attorney shall
9cause publication of notice of the order and his or her intent
10to dispose of the property. Publication shall be in a newspaper
11of general circulation in the county where the property was
12taken seized, for a period of 3 successive weeks.
13    (c) Within 30 days after the publication, any person may
14petition the court to adjudicate the validity of his or her
15interest in the property and whether the interest is protected
16under this Article.
17(Source: P.A. 96-712, eff. 1-1-10.)
 
18    (725 ILCS 5/124B-170)
19    Sec. 124B-170. Judicial review.
20    (a) Within 30 days after publication of the notice under
21Section 124B-165, any person claiming an interest in the
22property declared subject to government taking forfeited may
23file a verified claim with the court expressing his or her
24interest in the property. The claim must set forth the
25following:

 

 

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1        (1) The caption of the proceedings as set forth in the
2    notice of order of government taking forfeiture.
3        (2) The claimant's name and address.
4        (3) The nature and extent of the claimant's interest in
5    the property.
6        (4) The circumstances of the claimant's acquisition of
7    the interest in the property, including the date of the
8    transfer and the identity of the transferor.
9        (5) The names and addresses of all other persons known
10    by the claimant to have an interest in the property.
11        (6) The specific provision of law relied on in
12    asserting that the property is not subject to government
13    taking forfeiture.
14        (7) All essential facts supporting each assertion.
15        (8) The relief sought by the claimant.
16    (b) The claim must be accompanied by a cost bond in the
17form of a cashier's check payable to the clerk of the court in
18the amount of 10% of the reasonable value of the property as
19alleged by the Attorney General or State's Attorney or the
20amount of $100, whichever is greater, conditioned upon the
21claimant's payment, in the case of government taking
22forfeiture, of all costs and expenses of the proceeding under
23this Section.
24    (c) Upon the filing of a claim and cost bond as provided in
25this Section, the court shall determine whether the property is
26subject to government taking forfeiture in accordance with this

 

 

SB1528- 126 -LRB101 06797 SLF 51824 b

1Article. If none of the seized property is declared subject to
2government taking during an arrest forfeited in a proceeding
3under this Section, then, unless the court orders otherwise,
4the clerk of the court shall return to the claimant 90% of the
5amount deposited with the clerk as a cost bond under this
6Section. If any of the seized property is declared subject to
7government taking forfeited in a proceeding under this Section,
8then the clerk of the court shall transfer 90% of the amount
9deposited with the clerk as a cost bond under this Section to
10the prosecuting authority. In either case, the clerk shall
11retain the remaining 10% of the amount deposited as costs for
12the proceeding under this Section.
13(Source: P.A. 96-712, eff. 1-1-10.)
 
14    (725 ILCS 5/124B-175)
15    Sec. 124B-175. Distribution of taken forfeited moneys and
16proceeds from sale of forfeited property taken by government
17during an arrest. All moneys subject to government taking
18during an arrest forfeited under this Article, together with
19the proceeds from the sale of all property taken forfeited
20under this Article, shall be distributed as set forth in this
21Article.
22(Source: P.A. 96-712, eff. 1-1-10.)
 
23    (725 ILCS 5/124B-180)
24    Sec. 124B-180. Segregation of moneys from sale proceeds for

 

 

SB1528- 127 -LRB101 06797 SLF 51824 b

1certain purposes. Before any distribution under Section
2124B-175 or as otherwise prescribed by law, the court may order
3the Attorney General or State's Attorney to segregate moneys
4from the proceeds of the sale sufficient to do any of the
5following:
6        (1) Satisfy any order of restitution, as the court may
7    deem appropriate.
8        (2) Satisfy any legal right, title, or interest that
9    the court deems superior to any right, title, or interest
10    of the defendant at the time of the commission of the acts
11    that gave rise to government taking forfeiture under this
12    Article.
13        (3) Satisfy any bona fide purchaser for value of the
14    right, title, or interest in the property who was without
15    reasonable notice that the property was subject to
16    government taking during an arrest forfeiture.
17(Source: P.A. 96-712, eff. 1-1-10.)
 
18    (725 ILCS 5/124B-190)
19    Sec. 124B-190. Construction. It is the intent of the
20General Assembly that the forfeiture provisions of this Article
21be liberally construed so as to effect their purpose. The
22government taking forfeiture of property and other remedies
23under this Article shall be considered to be in addition to,
24and not exclusive of, any sentence or other remedy provided by
25law.

 

 

SB1528- 128 -LRB101 06797 SLF 51824 b

1(Source: P.A. 96-712, eff. 1-1-10.)
 
2    (725 ILCS 5/124B-195)
3    Sec. 124B-195. Reporting. Property taken by the government
4during an arrest seized or forfeited under this Article is
5subject to reporting under the Seizure and Forfeiture Reporting
6Act.
7(Source: P.A. 100-512, eff. 7-1-18.)
 
8    (725 ILCS 5/124B-300)
9    Sec. 124B-300. Persons and property subject to government
10taking forfeiture. A person who commits the offense of
11involuntary servitude, involuntary servitude of a minor, or
12trafficking of persons under Section 10A-10 or Section 10-9 of
13the Criminal Code of 1961 or the Criminal Code of 2012,
14promoting juvenile prostitution, keeping a place of juvenile
15prostitution, or promoting prostitution that involves keeping
16a place of prostitution under subsection (a)(1) or (a)(4) of
17Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
18of the Criminal Code of 1961 or of the Criminal Code of 2012
19shall be subject to government taking of forfeit to the State
20of Illinois any profits or proceeds and any property he or she
21has acquired or maintained in violation of Section 10A-10 or
22Section 10-9 of the Criminal Code of 1961 or the Criminal Code
23of 2012, promoting juvenile prostitution, keeping a place of
24juvenile prostitution, or promoting prostitution that involves

 

 

SB1528- 129 -LRB101 06797 SLF 51824 b

1keeping a place of prostitution under subsection (a)(1) or
2(a)(4) of Section 11-14.4 or under Section 11-14.3, 11-17.1, or
311-19.2 of the Criminal Code of 1961 or of the Criminal Code of
42012 that the sentencing court determines, after a government
5taking forfeiture hearing under this Article, to have been
6acquired or maintained as a result of maintaining a person in
7involuntary servitude or participating in trafficking of
8persons.
9(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.)
 
10    (725 ILCS 5/124B-305)
11    Sec. 124B-305. Distribution of property and sale proceeds.
12All moneys and the sale proceeds of all other property subject
13to government taking during an arrest forfeited and seized
14under this Part 300 shall be distributed as follows:
15        (1) 45% shall be divided equally between all State
16    agencies and units of local government whose officers or
17    employees conducted the investigation or initiated the
18    hearing that resulted in the government taking forfeiture.
19        (2) 50% shall be deposited into the Specialized
20    Services for Survivors of Human Trafficking Fund and
21    disbursed in accordance with subsections (d), (e), and (f)
22    of Section 5-9-1.21 of the Unified Code of Corrections.
23        (3) 5% shall be paid to the Office of the State's
24    Attorneys Appellate Prosecutor to train State's Attorneys
25    on government taking forfeiture proceedings and topics

 

 

SB1528- 130 -LRB101 06797 SLF 51824 b

1    related to human trafficking.
2(Source: P.A. 97-897, eff. 1-1-13; 98-1013, eff. 1-1-15.)
 
3    (725 ILCS 5/124B-400)
4    Sec. 124B-400. Legislative declaration. Obscenity is a
5far-reaching and extremely profitable crime. This crime
6persists despite the threat of prosecution and successful
7prosecution because existing sanctions do not effectively
8reach the money and other assets generated by it. It is
9therefore necessary to supplement existing sanctions by
10mandating government taking forfeiture of money and other
11assets generated by this crime. Government taking of property
12during an arrest Forfeiture diminishes the financial
13incentives that encourage and sustain obscenity and secures for
14the State, local government, and prosecutors a resource for
15prosecuting these crimes.
16(Source: P.A. 96-712, eff. 1-1-10.)
 
17    (725 ILCS 5/124B-405)
18    Sec. 124B-405. Persons and property subject to government
19taking during an arrest forfeiture. A person who has been
20convicted previously of the offense of obscenity under Section
2111-20 of the Criminal Code of 1961 or the Criminal Code of 2012
22and who is convicted of a second or subsequent offense of
23obscenity under that Section shall be subject to government
24taking of forfeit the following to the State of Illinois:

 

 

SB1528- 131 -LRB101 06797 SLF 51824 b

1        (1) Any property constituting or derived from any
2    proceeds that the person obtained, directly or indirectly,
3    as a result of the offense.
4        (2) Any of the person's property used in any manner,
5    wholly or in part, to commit the offense.
6(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
7    (725 ILCS 5/124B-415)
8    Sec. 124B-415. Order to destroy property. If the Attorney
9General or State's Attorney believes any property taken
10forfeited and seized under this Part 400 describes, depicts, or
11portrays any of the acts or activities described in subsection
12(b) of Section 11-20 of the Criminal Code of 1961 or the
13Criminal Code of 2012, the Attorney General or State's Attorney
14shall apply to the court for an order to destroy that property.
15If the court determines that the property describes, depicts,
16or portrays such acts or activities it shall order the Attorney
17General or State's Attorney to destroy the property.
18(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
19    (725 ILCS 5/124B-420)
20    Sec. 124B-420. Distribution of property and sale proceeds.
21    (a) All moneys and the sale proceeds of all other property
22subject to government during an arrest forfeited and seized
23under this Part 400 shall be distributed as follows:
24        (1) 50% shall be distributed to the unit of local

 

 

SB1528- 132 -LRB101 06797 SLF 51824 b

1    government whose officers or employees conducted the
2    investigation into the offense and caused the arrest or
3    arrests and prosecution leading to the government taking
4    forfeiture, except that if the investigation, arrest or
5    arrests, and prosecution leading to the government taking
6    forfeiture were undertaken by the sheriff, this portion
7    shall be distributed to the county for deposit into a
8    special fund in the county treasury appropriated to the
9    sheriff. Amounts distributed to the county for the sheriff
10    or to units of local government under this paragraph shall
11    be used for enforcement of laws or ordinances governing
12    obscenity and child pornography. If the investigation,
13    arrest or arrests, and prosecution leading to the
14    government taking forfeiture were undertaken solely by a
15    State agency, however, the portion designated in this
16    paragraph shall be paid into the State treasury to be used
17    for enforcement of laws governing obscenity and child
18    pornography.
19        (2) 25% shall be distributed to the county in which the
20    prosecution resulting in the government taking forfeiture
21    was instituted, deposited into a special fund in the county
22    treasury, and appropriated to the State's Attorney for use
23    in the enforcement of laws governing obscenity and child
24    pornography.
25        (3) 25% shall be distributed to the Office of the
26    State's Attorneys Appellate Prosecutor and deposited into

 

 

SB1528- 133 -LRB101 06797 SLF 51824 b

1    the Obscenity Profits Forfeiture Fund, which is hereby
2    created in the State treasury, to be used by the Office of
3    the State's Attorneys Appellate Prosecutor for additional
4    expenses incurred in prosecuting appeals arising under
5    Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
6    Criminal Code of 1961 or the Criminal Code of 2012. Any
7    amounts remaining in the Fund after all additional expenses
8    have been paid shall be used by the Office to reduce the
9    participating county contributions to the Office on a
10    pro-rated basis as determined by the board of governors of
11    the Office of the State's Attorneys Appellate Prosecutor
12    based on the populations of the participating counties.
13    (b) Before any distribution under subsection (a), the
14Attorney General or State's Attorney shall retain from the
15forfeited moneys or sale proceeds subject to government taking
16during an arrest, or both, sufficient moneys to cover expenses
17related to the administration and sale of the forfeited
18property.
19(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
2097-1150, eff. 1-25-13.)
 
21    (725 ILCS 5/124B-500)
22    Sec. 124B-500. Persons and property subject to government
23taking forfeiture. A person who commits child pornography,
24aggravated child pornography, or non-consensual dissemination
25of private sexual images under Section 11-20.1, 11-20.1B,

 

 

SB1528- 134 -LRB101 06797 SLF 51824 b

111-20.3, or 11-23.5 of the Criminal Code of 1961 or the
2Criminal Code of 2012 shall be subject to government taking of
3forfeit the following property to the State of Illinois:
4        (1) Any profits or proceeds and any property the person
5    has acquired or maintained in violation of Section 11-20.1,
6    11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961
7    or the Criminal Code of 2012 that the sentencing court
8    determines, after a government taking forfeiture hearing
9    under this Article, to have been acquired or maintained as
10    a result of child pornography, aggravated child
11    pornography, or non-consensual dissemination of private
12    sexual images.
13        (2) Any interest in, securities of, claim against, or
14    property or contractual right of any kind affording a
15    source of influence over any enterprise that the person has
16    established, operated, controlled, or conducted in
17    violation of Section 11-20.1, 11-20.1B, 11-20.3, or
18    11-23.5 of the Criminal Code of 1961 or the Criminal Code
19    of 2012 that the sentencing court determines, after a
20    government taking forfeiture hearing under this Article,
21    to have been acquired or maintained as a result of child
22    pornography, aggravated child pornography, or
23    non-consensual dissemination of private sexual images.
24        (3) Any computer that contains a depiction of child
25    pornography in any encoded or decoded format in violation
26    of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal

 

 

SB1528- 135 -LRB101 06797 SLF 51824 b

1    Code of 1961 or the Criminal Code of 2012. For purposes of
2    this paragraph (3), "computer" has the meaning ascribed to
3    it in Section 17-0.5 of the Criminal Code of 2012.
4(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
598-1138, eff. 6-1-15.)
 
6    (725 ILCS 5/124B-505)
7    Sec. 124B-505. Distribution of property and sale proceeds.
8    (a) All moneys and the sale proceeds of all other property
9subject to government taking during an arrest forfeited and
10seized under this Part 500 shall be distributed as follows:
11        (1) One-half shall be divided equally between all State
12    agencies and units of local government whose officers or
13    employees conducted the investigation that resulted in the
14    government taking forfeiture.
15        (2) One-half shall be deposited into the Violent Crime
16    Victims Assistance Fund.
17    (b) Before any distribution under subsection (a), the
18Attorney General or State's Attorney shall retain from the
19forfeited moneys or sale proceeds, or both, sufficient moneys
20to cover expenses related to the administration and sale of the
21taken forfeited property.
22(Source: P.A. 96-712, eff. 1-1-10.)
 
23    (725 ILCS 5/124B-600)
24    Sec. 124B-600. Persons and property subject to subject to

 

 

SB1528- 136 -LRB101 06797 SLF 51824 b

1government taking forfeiture. A person who commits the offense
2of computer fraud as set forth in Section 16D-5 or Section
317-50 of the Criminal Code of 1961 or the Criminal Code of 2012
4shall be subject to government taking of forfeit any property
5that the sentencing court determines, after a government taking
6forfeiture hearing under this Article, the person has acquired
7or maintained, directly or indirectly, in whole or in part, as
8a result of that offense. The person shall also loose forfeit
9any interest in, securities of, claim against, or contractual
10right of any kind that affords the person a source of influence
11over any enterprise that the person has established, operated,
12controlled, conducted, or participated in conducting, if the
13person's relationship to or connection with any such thing or
14activity directly or indirectly, in whole or in part, is
15traceable to any item or benefit that the person has obtained
16or acquired through computer fraud.
17(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13;
1897-1150, eff. 1-25-13.)
 
19    (725 ILCS 5/124B-605)
20    Sec. 124B-605. Distribution of property and sale proceeds.
21    (a) All moneys and the sale proceeds of all other property
22subject to government taking during an arrest forfeited and
23seized under this Part 600 shall be distributed as follows:
24        (1) 50% shall be distributed to the unit of local
25    government whose officers or employees conducted the

 

 

SB1528- 137 -LRB101 06797 SLF 51824 b

1    investigation into computer fraud and caused the arrest or
2    arrests and prosecution leading to the government taking
3    forfeiture. Amounts distributed to units of local
4    government shall be used for training or enforcement
5    purposes relating to detection, investigation, or
6    prosecution of financial crimes, including computer fraud.
7    If, however, the investigation, arrest or arrests, and
8    prosecution leading to the government taking forfeiture
9    were undertaken solely by a State agency, the portion
10    provided under this paragraph (1) shall be paid into the
11    State Police Services Fund of the Illinois Department of
12    State Police to be used for training or enforcement
13    purposes relating to detection, investigation, or
14    prosecution of financial crimes, including computer fraud.
15        (2) 50% shall be distributed to the county in which the
16    prosecution and petition for government taking forfeiture
17    resulting in the government taking forfeiture was
18    instituted by the State's Attorney and shall be deposited
19    into a special fund in the county treasury and appropriated
20    to the State's Attorney for use in training or enforcement
21    purposes relating to detection, investigation, or
22    prosecution of financial crimes, including computer fraud.
23    If a prosecution and petition for government taking
24    forfeiture resulting in the government taking forfeiture
25    has been maintained by the Attorney General, 50% of the
26    proceeds shall be paid into the Attorney General's

 

 

SB1528- 138 -LRB101 06797 SLF 51824 b

1    Financial Crime Prevention Fund. If the Attorney General
2    and the State's Attorney have participated jointly in any
3    part of the proceedings, 25% of the proceeds forfeited
4    shall be paid to the county in which the prosecution and
5    petition for government taking forfeiture resulting in the
6    government taking forfeiture occurred, and 25% shall be
7    paid into the Attorney General's Financial Crime
8    Prevention Fund to be used for the purposes stated in this
9    paragraph (2).
10    (b) Before any distribution under subsection (a), the
11Attorney General or State's Attorney shall retain from the
12forfeited moneys or sale proceeds, or both, sufficient moneys
13to cover expenses related to the administration and sale of the
14forfeited property.
15(Source: P.A. 96-712, eff. 1-1-10.)
 
16    (725 ILCS 5/124B-610)
17    Sec. 124B-610. Computer used in commission of felony;
18government taking forfeiture. If a person commits a felony
19under any provision of the Criminal Code of 1961 or the
20Criminal Code of 2012 or another statute and the
21instrumentality used in the commission of the offense, or in
22connection with or in furtherance of a scheme or design to
23commit the offense, is a computer owned by the defendant (or,
24if the defendant is a minor, owned by the minor's parent or
25legal guardian), the computer is subject to government taking

 

 

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1during an arrest forfeiture under this Article. A computer, or
2any part of a computer, is not subject to government taking
3forfeiture under this Article, however, under either of the
4following circumstances:
5        (1) The computer accessed in the commission of the
6    offense was owned or leased by the victim or an innocent
7    third party at the time the offense was committed.
8        (2) The rights of a creditor, lienholder, or person
9    having a security interest in the computer at the time the
10    offense was committed will be adversely affected.
11(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
12    (725 ILCS 5/124B-700)
13    Sec. 124B-700. Persons and property subject to government
14taking forfeiture. A person who commits a felony violation of
15Article 17B or Section 17-6.3 of the Criminal Code of 1961 or
16the Criminal Code of 2012 shall be subject to government taking
17of forfeit any property that the sentencing court determines,
18after a government taking forfeiture hearing under this
19Article, (i) the person has acquired, in whole or in part, as a
20result of committing the violation or (ii) the person has
21maintained or used, in whole or in part, to facilitate,
22directly or indirectly, the commission of the violation. The
23person shall also be subject to government taking of forfeit
24any interest in, securities of, claim against, or contractual
25right of any kind that affords the person a source of influence

 

 

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1over any enterprise that the person has established, operated,
2controlled, conducted, or participated in conducting, if the
3person's relationship to or connection with any such thing or
4activity directly or indirectly, in whole or in part, is
5traceable to any item or benefit that the person has obtained
6or acquired as a result of a felony violation of Article 17B or
7Section 17-6.3 of the Criminal Code of 1961 or the Criminal
8Code of 2012. Property subject to government taking forfeiture
9under this Part 700 includes the following:
10        (1) All moneys, things of value, books, records, and
11    research products and materials that are used or intended
12    to be used in committing a felony violation of Article 17B
13    or Section 17-6.3 of the Criminal Code of 1961 or the
14    Criminal Code of 2012.
15        (2) Everything of value furnished, or intended to be
16    furnished, in exchange for a substance in violation of
17    Article 17B or Section 17-6.3 of the Criminal Code of 1961
18    or the Criminal Code of 2012; all proceeds traceable to
19    that exchange; and all moneys, negotiable instruments, and
20    securities used or intended to be used to commit or in any
21    manner to facilitate the commission of a felony violation
22    of Article 17B or Section 17-6.3 of the Criminal Code of
23    1961 or the Criminal Code of 2012.
24        (3) All real property, including any right, title, and
25    interest (including, but not limited to, any leasehold
26    interest or the beneficial interest in a land trust) in the

 

 

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1    whole of any lot or tract of land and any appurtenances or
2    improvements, that is used or intended to be used, in any
3    manner or part, to commit or in any manner to facilitate
4    the commission of a felony violation of Article 17B or
5    Section 17-6.3 of the Criminal Code of 1961 or the Criminal
6    Code of 2012 or that is the proceeds of any act that
7    constitutes a felony violation of Article 17B or Section
8    17-6.3 of the Criminal Code of 1961 or the Criminal Code of
9    2012.
10(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13;
1197-1150, eff. 1-25-13.)
 
12    (725 ILCS 5/124B-705)
13    Sec. 124B-705. Government taking Seizure and inventory of
14property subject to forfeiture. Property taken or detained
15under this Part shall not be subject to replevin, but is deemed
16to be in the custody of the Director of State Police subject
17only to the order and judgments of the circuit court having
18jurisdiction over the government taking forfeiture proceedings
19and the decisions of the Attorney General or State's Attorney
20under this Article. When property is taken seized under this
21Article, the seizing agency shall promptly conduct an inventory
22of the seized property and estimate the property's value and
23shall forward a copy of the estimate of the property's value to
24the Director of State Police. Upon receiving the notice of
25government taking seizure, the Director may do any of the

 

 

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1following:
2        (1) Place the property under seal.
3        (2) Remove the property to a place designated by the
4    Director.
5        (3) Keep the property in the possession of the seizing
6    agency.
7        (4) Remove the property to a storage area for
8    safekeeping or, if the property is a negotiable instrument
9    or money and is not needed for evidentiary purposes,
10    deposit it in an interest bearing account.
11        (5) Place the property under constructive government
12    taking seizure by posting notice of the pending government
13    taking forfeiture on it, by giving notice of the pending
14    government taking forfeiture to its owners and interest
15    holders, or by filing a notice of the pending government
16    taking forfeiture in any appropriate public record
17    relating to the property.
18        (6) Provide for another agency or custodian, including
19    an owner, secured party, or lienholder, to take custody of
20    the property on terms and conditions set by the Director.
21(Source: P.A. 96-712, eff. 1-1-10.)
 
22    (725 ILCS 5/124B-710)
23    Sec. 124B-710. Sale of forfeited property subject to
24government taking by Director of State Police.
25    (a) The court shall authorize the Director of State Police

 

 

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1to take seize any property declared subject to government
2taking during an arrest forfeited under this Article on terms
3and conditions the court deems proper.
4    (b) When property is taken forfeited under this Part 700,
5the Director of State Police shall sell the property unless the
6property is required by law to be destroyed or is harmful to
7the public. The Director shall distribute the proceeds of the
8sale, together with any moneys forfeited or seized, in
9accordance with Section 124B-715.
10    (c) (Blank).
11(Source: P.A. 100-512, eff. 7-1-18.)
 
12    (725 ILCS 5/124B-715)
13    Sec. 124B-715. Distribution of all other property and sale
14proceeds. All moneys and the sale proceeds of all property
15subject to government taking forfeited and seized under this
16Part 700 shall be distributed to the Special Supplemental Food
17Program for Women, Infants and Children (WIC) program
18administered by the Illinois Department of Human Services.
19(Source: P.A. 100-512, eff. 7-1-18.)
 
20    (725 ILCS 5/124B-800)
21    Sec. 124B-800. Persons and property subject to government
22taking forfeiture.
23    (a) A person who commits an offense under Article 29D of
24the Criminal Code of 1961 or the Criminal Code of 2012 shall be

 

 

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1subject to government taking of forfeit any property that the
2sentencing court determines, after a government taking
3forfeiture hearing under this Article, (i) the person has
4acquired or maintained, directly or indirectly, in whole or in
5part, as a result of the offense or (ii) the person used, was
6about to use, or intended to use in connection with the
7offense. The person shall also be subject to government taking
8of forfeit any interest in, securities of, claim against, or
9contractual right of any kind that affords the person a source
10of influence over any enterprise that the person has
11established, operated, controlled, conducted, or participated
12in conducting, if the person's relationship to or connection
13with any such thing or activity directly or indirectly, in
14whole or in part, is traceable to any item or benefit that the
15person has obtained or acquired as a result of a violation of
16Article 29D of the Criminal Code of 1961 or the Criminal Code
17of 2012 or that the person used, was about to use, or intended
18to use in connection with a violation of Article 29D of the
19Criminal Code of 1961 or the Criminal Code of 2012.
20    (b) For purposes of this Part 800, "person" has the meaning
21given in Section 124B-115 of this Code and, in addition to that
22meaning, includes, without limitation, any charitable
23organization, whether incorporated or unincorporated, any
24professional fund raiser, professional solicitor, limited
25liability company, association, joint stock company,
26association, trust, trustee, or any group of people formally or

 

 

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1informally affiliated or associated for a common purpose, and
2any officer, director, partner, member, or agent of any person.
3(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
4    (725 ILCS 5/124B-805)
5    Sec. 124B-805. Asset freeze or government taking seizure;
6ex parte proceeding.
7    (a) Whenever it appears that there is probable cause to
8believe that any person used, is using, is about to use, or is
9intending to use property in any way that constitutes or would
10constitute an offense as defined in this Article, the Attorney
11General or any State's Attorney may make an ex parte
12application to the circuit court to freeze or take seize all
13assets of that person. Upon a showing of probable cause in the
14ex parte hearing, the circuit court shall issue an order to
15freeze or take seize all assets of that person. A copy of the
16freeze or government taking seize order shall be served upon
17the person whose property has been frozen or taken seized.
18    (b) At any time within 30 days after service of the order
19to freeze or take seize property, the person whose property was
20ordered frozen or taken seized, or any person claiming an
21interest in the property, may file a motion to release his or
22her property. The court shall hold a hearing on the motion
23within 10 days.
24    (c) In any proceeding to release property, the burden of
25proof shall be by a preponderance of evidence and shall be on

 

 

SB1528- 146 -LRB101 06797 SLF 51824 b

1the State to show that the person used, was using, is about to
2use, or is intending to use any property in any way that
3constitutes or would constitute an offense as defined in this
4Article. If the court finds that any property was being used,
5is about to be used, or is intended to be used in any way that
6constitutes or would constitute an offense as defined in this
7Article, the court shall order the property frozen or held
8until further order of the court. Any property so ordered held
9or frozen is subject to government taking forfeiture under the
10procedures set forth in this Article.
11    (d) Upon the request of the defendant, the court may
12release property frozen or taken seized under this Section in
13an amount sufficient to pay attorney's fees for representation
14of the defendant at a hearing conducted under this Article.
15(Source: P.A. 96-712, eff. 1-1-10.)
 
16    (725 ILCS 5/124B-810)
17    Sec. 124B-810. Government taking Forfeiture hearing
18following property freeze or taking seizure.
19    (a) If a person having any property interest in property
20frozen or taken seized under Section 124B-805 is charged with
21an offense within 60 days after the property is frozen or taken
22seized, the court that renders judgment on the charge shall
23conduct a government taking forfeiture hearing within 30 days
24after the judgment to determine whether the property (i) was
25used, about to be used, or intended to be used to commit an

 

 

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1offense as defined in this Article or in connection with any
2such offense or (ii) was integrally related to any offense as
3defined in this Article or intended offense as defined in this
4Article.
5    (b) The State shall commence a government taking forfeiture
6proceeding under subsection (a) by filing a written petition
7with the court. The petition must be verified and must include
8the following:
9        (1) Material allegations of fact.
10        (2) The name and address of every person determined by
11    the State to have any property interest in the frozen or
12    taken seized property.
13        (3) A representation that written notice of the date,
14    time, and place of the government taking forfeiture hearing
15    has been mailed to every person described in paragraph (2)
16    by certified mail at least 10 days before the date.
17        (4) A request for government taking forfeiture.
18    (c) Every person described in paragraph (2) of subsection
19(b) may appear as a party and present evidence at the hearing.
20The quantum of proof required is a preponderance of the
21evidence, and the burden of proof is on the State.
22    (d) If the court determines that the frozen or taken seized
23property was used, about to be used, or intended to be used to
24commit an offense as defined in this Article or in connection
25with any such offense, or was integrally related to any offense
26as defined in this Article or intended offense as defined in

 

 

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1this Article, the court shall enter an order of government
2taking forfeiture and disposition of the frozen or taken seized
3property. All property subject to government taking forfeited
4may be liquidated, and the resultant money, together with any
5other money subject to government taking forfeited, shall be
6distributed as set forth in this Article.
7(Source: P.A. 96-712, eff. 1-1-10.)
 
8    (725 ILCS 5/124B-820)
9    Sec. 124B-820. No offense charged or no conviction; in rem
10proceeding.
11    (a) If a person is not charged with an offense within 60
12days after property is frozen or taken seized under Section
13124B-805, or if the prosecution of the charge is permanently
14terminated or indefinitely discontinued without any judgment
15of conviction, or if a judgment of acquittal is entered, the
16Attorney General or State's Attorney shall immediately
17commence an in rem proceeding for the government taking
18forfeiture of any frozen or taken seized property in the
19circuit court by filing a complaint that contains the same
20information as required in a petition under subsection (b) of
21Section 124B-810. The court shall conduct the in rem proceeding
22in the same manner as other government taking forfeiture
23proceedings under this Article.
24    (b) Any person having any property interest in the frozen
25or taken seized property may commence a separate civil

 

 

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1proceeding in the manner provided by law.
2(Source: P.A. 96-712, eff. 1-1-10.)
 
3    (725 ILCS 5/124B-825)
4    Sec. 124B-825. Distribution of property and sale proceeds.
5After the deduction of all requisite expenses of administration
6and sale, the Attorney General or State's Attorney shall
7distribute the proceeds of the sale of forfeited property
8subject to government taking during an arrest, along with any
9property subject to government taking during an arrest
10forfeited or seized, between participating law enforcement
11agencies in equitable portions as determined by the court
12entering the government taking forfeiture order.
13(Source: P.A. 96-712, eff. 1-1-10.)
 
14    (725 ILCS 5/124B-900)
15    Sec. 124B-900. Legislative declaration. The General
16Assembly finds that government taking the forfeiture of real
17property that is used or intended to be used in connection with
18any show, exhibition, program, or other activity featuring or
19otherwise involving a fight between an animal and any other
20animal or human or involving the intentional killing of any
21animal for the purpose of sport, wagering, or entertainment
22will have a significant beneficial effect in deterring the
23rising incidence of those activities within this State, as well
24as other crimes that frequently occur in partnership with

 

 

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1animal fighting, such as illegal gambling, possession of
2narcotics, and weapons violations.
3(Source: P.A. 96-712, eff. 1-1-10.)
 
4    (725 ILCS 5/124B-905)
5    Sec. 124B-905. Persons and property subject to government
6taking forfeiture. A person who commits a felony violation of
7Section 4.01 of the Humane Care for Animals Act or a felony
8violation of Section 48-1 or Section 26-5 of the Criminal Code
9of 2012 or the Criminal Code of 1961 shall be subject to
10government taking of forfeit the following:
11        (1) Any moneys, profits, or proceeds the person
12    acquired, in whole or in part, as a result of committing
13    the violation.
14        (2) Any real property or interest in real property that
15    the sentencing court determines, after a government taking
16    forfeiture hearing under this Article, (i) the person has
17    acquired, in whole or in part, as a result of committing
18    the violation or (ii) the person has maintained or used, in
19    whole or in part, to facilitate, directly or indirectly,
20    the commission of the violation. Real property subject to
21    government taking forfeiture under this Part 900 includes
22    property that belongs to any of the following:
23            (A) The person organizing the show, exhibition,
24        program, or other activity described in subsections
25        (a) through (g) of Section 4.01 of the Humane Care for

 

 

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1        Animals Act, Section 48-1 of the Criminal Code of 2012,
2        or Section 26-5 of the Criminal Code of 1961.
3            (B) Any other person participating in the activity
4        described in subsections (a) through (g) of Section
5        4.01 of the Humane Care for Animals Act, Section 48-1
6        of the Criminal Code of 2012, or Section 26-5 of the
7        Criminal Code of 1961 who is related to the
8        organization and operation of the activity.
9            (C) Any person who knowingly allowed the
10        activities to occur on his or her premises.
11    The person shall also be subject to government taking of
12forfeit any interest in, securities of, claim against, or
13contractual right of any kind that affords the person a source
14of influence over any enterprise that the person has
15established, operated, controlled, conducted, or participated
16in conducting, if the person's relationship to or connection
17with any such thing or activity directly or indirectly, in
18whole or in part, is traceable to any item or benefit that the
19person has obtained or acquired as a result of a felony
20violation of Section 4.01 of the Humane Care for Animals Act, a
21felony violation of Section 48-1 of the Criminal Code of 2012
22or Section 26-5 of the Criminal Code of 1961.
23(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13;
2497-1150, eff. 1-25-13.)
 
25    (725 ILCS 5/124B-910)

 

 

SB1528- 152 -LRB101 06797 SLF 51824 b

1    Sec. 124B-910. Notice to or service on owner or interest
2holder.
3    (a) Whenever notice of pending government taking
4forfeiture or service of an in rem complaint is required under
5this Article, the notice or service shall be given or made as
6follows:
7        (1) If the owner's or interest holder's name and
8    current address are known, then notice or service shall be
9    given or made either by personal service or by mailing a
10    copy of the notice by certified mail, return receipt
11    requested, to that address. For purposes of notice under
12    this Section, if a person has been arrested for the conduct
13    giving rise to the government taking forfeiture, then the
14    address provided to the arresting agency at the time of
15    arrest shall be deemed to be that person's known address.
16    If an owner's or interest holder's address changes before
17    the effective date of the notice of pending government
18    taking forfeiture, however, the owner or interest holder
19    shall promptly notify the seizing agency of the change in
20    address. If the owner's or interest holder's address
21    changes after the effective date of the notice of pending
22    government taking forfeiture, the owner or interest holder
23    shall promptly notify the State's Attorney or Attorney
24    General of the change in address.
25        (2) If the property seized is a conveyance, then notice
26    or service shall be given or made to the address reflected

 

 

SB1528- 153 -LRB101 06797 SLF 51824 b

1    in the office of the agency or official in which title or
2    interest to the conveyance is required by law to be
3    recorded. Notice shall be given by mailing a copy of the
4    notice by certified mail, return receipt requested, to that
5    address.
6        (3) If the owner's or interest holder's address is not
7    known and is not on record as provided in paragraph (2),
8    then notice of pending government taking forfeiture shall
9    be given by publication for 3 successive weeks in a
10    newspaper of general circulation in the county in which the
11    government taking seizure occurred.
12    (b) Notice of pending government taking forfeiture served
13under this Article is effective upon personal service, the last
14date of publication, or the mailing of written notice,
15whichever is earlier.
16(Source: P.A. 96-712, eff. 1-1-10.)
 
17    (725 ILCS 5/124B-915)
18    Sec. 124B-915. Property vests in State. All property
19declared subject to government taking forfeited under this
20Article vests in the State on the date of the commission of the
21conduct giving rise to the government taking forfeiture,
22together with the proceeds of the property after that time. Any
23such property or proceeds subsequently transferred to any
24person remain subject to government taking forfeiture and
25thereafter shall be ordered taken forfeited unless the

 

 

SB1528- 154 -LRB101 06797 SLF 51824 b

1transferee claims and establishes in a hearing under the
2provisions of this Article that the transferee's interest is
3exempt from government taking forfeiture.
4(Source: P.A. 96-712, eff. 1-1-10.)
 
5    (725 ILCS 5/124B-925)
6    Sec. 124B-925. Settlement of claims. Notwithstanding any
7other provision of this Article, the Attorney General or
8State's Attorney and a claimant of seized property subject to
9government taking may enter into an agreed-upon settlement
10concerning the seized property in an amount and upon terms that
11are set out in writing in a settlement agreement.
12(Source: P.A. 96-712, eff. 1-1-10.)
 
13    (725 ILCS 5/124B-930)
14    Sec. 124B-930. Disposal of property.
15    (a) Real property taken or detained under this Part is not
16subject to replevin, but is deemed to be in the custody of the
17Director of State Police subject only to the order and
18judgments of the circuit court having jurisdiction over the
19government taking forfeiture proceedings and the decisions of
20the State's Attorney or Attorney General under this Article.
21    (b) When property is subject to government taking forfeited
22under this Article, the Director of State Police shall sell all
23such property and shall distribute the proceeds of the sale,
24together with any moneys forfeited or seized, in accordance

 

 

SB1528- 155 -LRB101 06797 SLF 51824 b

1with Section 124B-935.
2(Source: P.A. 96-712, eff. 1-1-10.)
 
3    (725 ILCS 5/124B-935)
4    Sec. 124B-935. Distribution of property and sale proceeds.
5All moneys and the sale proceeds of all other property subject
6to government taking forfeited and seized under this Part 900
7shall be distributed as follows:
8        (1) 65% shall be distributed to the local, municipal,
9    county, or State law enforcement agency or agencies that
10    conducted or participated in the investigation resulting
11    in the government taking forfeiture. The distribution
12    shall bear a reasonable relationship to the degree of
13    direct participation of the law enforcement agency in the
14    effort resulting in the government taking forfeiture,
15    taking into account the total value of the property
16    forfeited and the total law enforcement effort with respect
17    to the violation of the law upon which the government
18    taking forfeiture is based.
19        (2) 12.5% shall be distributed to the Office of the
20    State's Attorney of the county in which the prosecution
21    resulting in the government taking forfeiture was
22    instituted for use in the enforcement of laws, including
23    laws governing animal fighting.
24        (3) 12.5% shall be distributed to the Illinois
25    Department of Agriculture for reimbursement of expenses

 

 

SB1528- 156 -LRB101 06797 SLF 51824 b

1    incurred in the investigation, prosecution, and appeal of
2    cases arising under laws governing animal fighting.
3        (4) 10% shall be retained by the Department of State
4    Police for expenses related to the administration and sale
5    of seized and forfeited property subject to government
6    taking.
7(Source: P.A. 96-712, eff. 1-1-10.)
 
8    (725 ILCS 5/124B-1000)
9    Sec. 124B-1000. Persons and property subject to government
10taking forfeiture.
11    (a) A person who commits the offense of unlawful transfer
12of a telecommunications device to a minor in violation of
13Section 12C-65 or Article 44 of the Criminal Code of 2012 or
14the Criminal Code of 1961 shall be subject to government taking
15of forfeit any telecommunications device used in the commission
16of the offense or which constitutes evidence of the commission
17of such offense.
18    (b) A person who commits an offense prohibited by the
19Criminal Code of 1961, the Criminal Code of 2012, the Illinois
20Controlled Substances Act, the Cannabis Control Act, or the
21Methamphetamine Control and Community Protection Act, or an
22offense involving a telecommunications device possessed by a
23person on the real property of any elementary or secondary
24school without authority of the school principal shall be
25subject to government taking of forfeit any telecommunications

 

 

SB1528- 157 -LRB101 06797 SLF 51824 b

1device used in the commission of the offense or which
2constitutes evidence of the commission of such offense. A
3person who is not a student of the particular elementary or
4secondary school, who is on school property as an invitee of
5the school, and who has possession of a telecommunications
6device for lawful and legitimate purposes, shall not need to
7obtain authority from the school principal to possess the
8telecommunications device on school property.
9(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
10    (725 ILCS 5/124B-1010)
11    Sec. 124B-1010. Seizure. A telecommunications device
12subject to government taking forfeiture may be taken seized and
13delivered forthwith to the investigating law enforcement
14agency. Such telecommunications device shall not be taken
15seized unless it was used in the commission of an offense
16specified in Section 124B-1000, or constitutes evidence of such
17an offense. Within 15 days after such delivery, the
18investigating law enforcement agency shall give notice of
19government taking seizure to any known owners, lien holders and
20secured parties of such property. Within that 15 day period the
21investigating law enforcement agency shall also notify the
22State's Attorney of the county of where the government taking
23occurred seizure about the taking seizure.
24(Source: P.A. 97-1109, eff. 1-1-13.)
 

 

 

SB1528- 158 -LRB101 06797 SLF 51824 b

1    (725 ILCS 5/124B-1020)
2    Sec. 124B-1020. Exception to government taking forfeiture.
3No telecommunications device shall be subject to government
4taking forfeited by reason of any act or omission established
5by the owner thereof to have been committed or omitted by any
6person other than the owner while the device was unlawfully in
7the possession of a person who acquired possession thereof in
8violation of the criminal laws of the United States, or of any
9state.
10(Source: P.A. 97-1109, eff. 1-1-13.)
 
11    Section 45. The Drug Asset Forfeiture Procedure Act is
12amended by changing Sections 2, 3, 3.1, 3.2, 3.3, 3.5, 4, 5,
135.1, 6, 7, 8, 9, 9.1, 9.5, 10, 11, 12, 13, 13.1, 13.2, 13.3,
1413.4, 14, 15, 17, and 20 as follows:
 
15    (725 ILCS 150/2)  (from Ch. 56 1/2, par. 1672)
16    Sec. 2. Legislative Declaration. The General Assembly
17finds that the government taking civil forfeiture of property
18which is used or intended to be used in, is attributable to or
19facilitates the manufacture, sale, transportation,
20distribution, possession or use of substances in certain
21violations of the Illinois Controlled Substances Act, the
22Cannabis Control Act, or the Methamphetamine Control and
23Community Protection Act will have a significant beneficial
24effect in deterring the rising incidence of the abuse and

 

 

SB1528- 159 -LRB101 06797 SLF 51824 b

1trafficking of such substances within this State. While
2government taking forfeiture may secure for State and local
3units of government some resources for deterring drug abuse and
4drug trafficking, government taking of property during an
5arrest forfeiture is not intended to be an alternative means of
6funding the administration of criminal justice. The General
7Assembly further finds that the federal narcotics civil
8forfeiture statute upon which this Act is based has been very
9successful in deterring the use and distribution of controlled
10substances within this State and throughout the country. It is
11therefore the intent of the General Assembly that the
12forfeiture provisions of this Act be construed in light of the
13federal forfeiture provisions contained in 21 U.S.C. 881 as
14interpreted by the federal courts, except to the extent that
15the provisions of this Act expressly differ therefrom.
16(Source: P.A. 94-556, eff. 9-11-05.)
 
17    (725 ILCS 150/3)  (from Ch. 56 1/2, par. 1673)
18    Sec. 3. Applicability. The provisions of this Act are
19applicable to all property subject to government taking
20forfeitable under the Illinois Controlled Substances Act, the
21Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act,
22or the Methamphetamine Control and Community Protection Act.
23(Source: P.A. 96-573, eff. 8-18-09.)
 
24    (725 ILCS 150/3.1)

 

 

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1    Sec. 3.1. Government taking Seizure.
2    (a) Actual physical taking seizure of real property subject
3to government taking during an arrest forfeiture under this Act
4requires the issuance of a seizure warrant. Nothing in this
5Section prohibits the constructive government taking seizure
6of real property through the filing of a complaint for
7government taking forfeiture in circuit court and the recording
8of a lis pendens against the real property without a hearing,
9warrant application, or judicial approval.
10    (b) Personal property subject to government taking
11forfeiture under the Illinois Controlled Substances Act, the
12Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act,
13or the Methamphetamine Control and Community Protection Act may
14be taken seized by the Director of State Police or any peace
15officer upon process or seizure warrant issued by any court
16having jurisdiction over the property.
17    (c) Personal property subject to government taking
18forfeiture under the Illinois Controlled Substances Act, the
19Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act,
20or the Methamphetamine Control and Community Protection Act may
21be taken seized by the Director of State Police or any peace
22officer without process:
23        (1) if the taking seizure is incident to inspection
24    under an administrative inspection warrant;
25        (2) if the property subject to government taking
26    seizure has been the subject of a prior judgment in favor

 

 

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1    of the State in a criminal proceeding or in an injunction
2    or government taking forfeiture proceeding based upon this
3    Act;
4        (3) if there is probable cause to believe that the
5    property is directly or indirectly dangerous to health or
6    safety;
7        (4) if there is probable cause to believe that the
8    property is subject to government taking forfeiture under
9    the Illinois Controlled Substances Act, the Cannabis
10    Control Act, the Illinois Food, Drug and Cosmetic Act, or
11    the Methamphetamine Control and Community Protection Act,
12    and the property is taken seized under circumstances in
13    which a warrantless government taking seizure or arrest
14    would be reasonable; or
15        (5) under the Code of Criminal Procedure of 1963.
16    (d) If a conveyance is taken seized under this Act, an
17investigation shall be made by the law enforcement agency as to
18any person whose right, title, interest, or lien is of record
19in the office of the agency or official in which title to or
20interest in the conveyance is required by law to be recorded.
21    (e) After government taking seizure under this Section,
22notice shall be given to all known interest holders that
23government taking forfeiture proceedings, including a
24preliminary review, may be instituted and the proceedings may
25be instituted under this Act. Upon a showing of good cause
26related to an ongoing investigation, the notice required for a

 

 

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1preliminary review under this Section may be postponed.
2(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
3    (725 ILCS 150/3.2)
4    Sec. 3.2. Receipt for taken seized property. If a law
5enforcement officer takes seizes property that is subject to
6government taking forfeiture, the officer shall provide an
7itemized receipt to the person possessing the property or, in
8the absence of a person to whom the receipt could be given,
9shall leave the receipt in the place where the property was
10found, if possible.
11(Source: P.A. 100-512, eff. 7-1-18.)
 
12    (725 ILCS 150/3.3)
13    Sec. 3.3. Safekeeping of taken seized property pending
14disposition.
15    (a) Property taken seized under this Act is deemed to be in
16the custody of the Director of State Police, subject only to
17the order and judgments of the circuit court having
18jurisdiction over the government taking forfeiture proceedings
19and the decisions of the State's Attorney under this Act.
20    (b) If property is taken seized under this Act, the seizing
21agency shall promptly conduct an inventory of the seized
22property and estimate the property's value and shall forward a
23copy of the inventory of seized property subject to government
24taking and the estimate of the property's value to the Director

 

 

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1of State Police. Upon receiving notice of government taking
2seizure, the Director of State Police may:
3        (1) place the property under seal;
4        (2) remove the property to a place designated by the
5    seizing agency;
6        (3) keep the property in the possession of the Director
7    of State Police;
8        (4) remove the property to a storage area for
9    safekeeping;
10        (5) place the property under constructive government
11    taking seizure by posting notice of pending government
12    taking forfeiture on it, by giving notice of pending
13    government taking forfeiture to its owners and interest
14    holders, or by filing notice of pending government taking
15    forfeiture in any appropriate public record relating to the
16    property; or
17        (6) provide for another agency or custodian, including
18    an owner, secured party, or lienholder, to take custody of
19    the property upon the terms and conditions set by the
20    seizing agency.
21    (c) The seizing agency is required to exercise ordinary
22care to protect the seized property from negligent loss,
23damage, or destruction.
24(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
25100-1163, eff. 12-20-18.)
 

 

 

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1    (725 ILCS 150/3.5)
2    Sec. 3.5. Preliminary review.
3    (a) Within 14 days of the government taking seizure, the
4State shall seek a preliminary determination from the circuit
5court as to whether there is probable cause that the property
6may be subject to government taking during an arrest
7forfeiture.
8    (b) The rules of evidence shall not apply to any proceeding
9conducted under this Section.
10    (c) The court may conduct the review under subsection (a)
11of this Section simultaneously with a proceeding under Section
12109-1 of the Code of Criminal Procedure of 1963 for a related
13criminal offense if a prosecution is commenced by information
14or complaint.
15    (d) The court may accept a finding of probable cause at a
16preliminary hearing following the filing of an information or
17complaint charging a related criminal offense or following the
18return of indictment by a grand jury charging the related
19offense as sufficient evidence of probable cause as required
20under subsection (a) of this Section.
21    (e) Upon making a finding of probable cause as required
22under this Section, the circuit court shall order the property
23subject to the provisions of the applicable forfeiture Act held
24until the conclusion of any government taking forfeiture
25proceeding.
26    For government taking seizures of conveyances, within 28

 

 

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1days after a finding of probable cause under subsection (a) of
2this Section, the registered owner or other claimant may file a
3motion in writing supported by sworn affidavits claiming that
4denial of the use of the conveyance during the pendency of the
5government taking forfeiture proceedings creates a substantial
6hardship and alleges facts showing that the hardship was not
7due to his or her culpable negligence. The court shall consider
8the following factors in determining whether a substantial
9hardship has been proven:
10        (1) the nature of the claimed hardship;
11        (2) the availability of public transportation or other
12    available means of transportation; and
13        (3) any available alternatives to alleviate the
14    hardship other than the return of the seized conveyance.
15    If the court determines that a substantial hardship has
16been proven, the court shall then balance the nature of the
17hardship against the State's interest in safeguarding the
18conveyance. If the court determines that the hardship outweighs
19the State's interest in safeguarding the conveyance, the court
20may temporarily release the conveyance to the registered owner
21or the registered owner's authorized designee, or both, until
22the conclusion of the government taking forfeiture proceedings
23or for such shorter period as ordered by the court provided
24that the person to whom the conveyance is released provides
25proof of insurance and a valid driver's license and all State
26and local registrations for operation of the conveyance are

 

 

SB1528- 166 -LRB101 06797 SLF 51824 b

1current. The court shall place conditions on the conveyance
2limiting its use to the stated hardship and providing
3transportation for employment, religious purposes, medical
4needs, child care, and obtaining food, and restricting the
5conveyance's use to only those individuals authorized to use
6the conveyance by the registered owner. The use of the vehicle
7shall be further restricted to exclude all recreational and
8entertainment purposes. The court may order any additional
9restrictions it deems reasonable and just on its own motion or
10on motion of the People. The court shall revoke the order
11releasing the conveyance and order that the conveyance be taken
12reseized by law enforcement if the conditions of release are
13violated or if the conveyance is used in the commission of any
14offense identified in subsection (a) of Section 6-205 of the
15Illinois Vehicle Code.
16    If the court orders the release of the conveyance during
17the pendency of the government taking forfeiture proceedings,
18the court may order the registered owner or his or her
19authorized designee to post a cash security with the clerk of
20the court as ordered by the court. If cash security is ordered,
21the court shall consider the following factors in determining
22the amount of the cash security:
23        (A) the full market value of the conveyance;
24        (B) the nature of the hardship;
25        (C) the extent and length of the usage of the
26    conveyance;

 

 

SB1528- 167 -LRB101 06797 SLF 51824 b

1        (D) the ability of the owner or designee to pay; and
2        (E) other conditions as the court deems necessary to
3    safeguard the conveyance.
4    If the conveyance is released, the court shall order that
5the registered owner or his or her designee safeguard the
6conveyance, not remove the conveyance from the jurisdiction,
7not conceal, destroy, or otherwise dispose of the conveyance,
8not encumber the conveyance, and not diminish the value of the
9conveyance in any way. The court shall also make a
10determination of the full market value of the conveyance prior
11to it being released based on a source or sources defined in 50
12Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
13     If the conveyance subject to government taking during an
14arrest forfeiture is released under this Section and is
15subsequently taken forfeited, the person to whom the conveyance
16was released shall return the conveyance to the law enforcement
17agency that took seized the conveyance within 7 days from the
18date of the declaration of government taking forfeiture or
19order of government taking forfeiture. If the conveyance is not
20returned within 7 days, the cash security shall be lost
21forfeited in the same manner as the conveyance subject to
22government taking forfeiture. If the cash security was less
23than the full market value, a judgment shall be entered against
24the parties to whom the conveyance was released and the
25registered owner, jointly and severally, for the difference
26between the full market value and the amount of the cash

 

 

SB1528- 168 -LRB101 06797 SLF 51824 b

1security. If the conveyance is returned in a condition other
2than the condition in which it was released, the cash security
3shall be returned to the surety who posted the security minus
4the amount of the diminished value, and that amount shall be
5lost forfeited in the same manner as the conveyance subject to
6government taking forfeiture. Additionally, the court may
7enter an order allowing any law enforcement agency in the State
8of Illinois to take seize the conveyance wherever it may be
9found in the State to satisfy the judgment if the cash security
10was less than the full market value of the conveyance.
11(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
12    (725 ILCS 150/4)  (from Ch. 56 1/2, par. 1674)
13    Sec. 4. Notice to owner or interest holder. The first
14attempted service of notice shall be commenced within 28 days
15of the filing of the verified claim or the receipt of the
16notice from the seizing agency by Illinois State Police
17Notice/Inventory of Seized Property (Form 4-64), whichever
18occurs sooner. A complaint for government taking forfeiture or
19a notice of pending government taking forfeiture shall be
20served upon the property owner or interest holder in the
21following manner:
22        (1) If the owner's or interest holder's name and
23    current address are known, then by either:
24            (A) personal service; or
25            (B) mailing a copy of the notice by certified mail,

 

 

SB1528- 169 -LRB101 06797 SLF 51824 b

1        return receipt requested, and first class mail to that
2        address.
3                (i) If notice is sent by certified mail and no
4            signed return receipt is received by the State's
5            Attorney within 28 days of mailing, and no
6            communication from the owner or interest holder is
7            received by the State's Attorney documenting
8            actual notice by said parties, then the State's
9            Attorney shall, within a reasonable period of
10            time, mail a second copy of the notice by certified
11            mail, return receipt requested, and first class
12            mail to that address.
13                (ii) If no signed return receipt is received by
14            the State's Attorney within 28 days of the second
15            attempt at service by certified mail, and no
16            communication from the owner or interest holder is
17            received by the State's Attorney documenting
18            actual notice by said parties, then the State's
19            Attorney shall have 60 days to attempt to serve the
20            notice by personal service, which also includes
21            substitute service by leaving a copy at the usual
22            place of abode, with some person of the family or a
23            person residing there, of the age of 13 years or
24            upwards. If, after 3 attempts at service in this
25            manner, no service of the notice is accomplished,
26            then the notice shall be posted in a conspicuous

 

 

SB1528- 170 -LRB101 06797 SLF 51824 b

1            manner at this address and service shall be made by
2            posting.
3                The attempts at service and the posting, if
4            required, shall be documented by the person
5            attempting service and said documentation shall be
6            made part of a return of service returned to the
7            State's Attorney.
8                The State's Attorney may utilize any Sheriff
9            or Deputy Sheriff, any peace officer, a private
10            process server or investigator, or any employee,
11            agent, or investigator of the State's Attorney's
12            Office to attempt service without seeking leave of
13            court.
14                After the procedures set forth are followed,
15            service shall be effective on an owner or interest
16            holder on the date of receipt by the State's
17            Attorney of a return receipt, or on the date of
18            receipt of a communication from an owner or
19            interest holder documenting actual notice,
20            whichever is first in time, or on the date of the
21            last act performed by the State's Attorney in
22            attempting personal service under subparagraph
23            (ii) above. If notice is to be shown by actual
24            notice from communication with a claimant, then
25            the State's Attorney shall file an affidavit
26            providing details of the communication, which may

 

 

SB1528- 171 -LRB101 06797 SLF 51824 b

1            be accepted as sufficient proof of service by the
2            court.
3                After a claimant files a verified claim with
4            the State's Attorney and provides an address at
5            which the claimant will accept service, the
6            complaint shall be served and notice shall be
7            perfected upon mailing of the complaint to the
8            claimant at the address the claimant provided via
9            certified mail, return receipt requested, and
10            first class mail. No return receipt need be
11            received, or any other attempts at service need be
12            made to comply with service and notice
13            requirements under this Act. This certified
14            mailing, return receipt requested, shall be proof
15            of service of the complaint on the claimant.
16                For purposes of notice under this Section, if a
17            person has been arrested for the conduct giving
18            rise to the government taking forfeiture, then the
19            address provided to the arresting agency at the
20            time of arrest shall be deemed to be that person's
21            known address. Provided, however, if an owner or
22            interest holder's address changes prior to the
23            effective date of the notice of pending government
24            taking forfeiture, the owner or interest holder
25            shall promptly notify the seizing agency of the
26            change in address or, if the owner or interest

 

 

SB1528- 172 -LRB101 06797 SLF 51824 b

1            holder's address changes subsequent to the
2            effective date of the notice of pending government
3            taking forfeiture, the owner or interest holder
4            shall promptly notify the State's Attorney of the
5            change in address; or if the property seized is a
6            conveyance, to the address reflected in the office
7            of the agency or official in which title to or
8            interest in the conveyance is required by law to be
9            recorded.
10        (2) If the owner's or interest holder's address is not
11    known, and is not on record, then notice shall be served by
12    publication for 3 successive weeks in a newspaper of
13    general circulation in the county in which the government
14    taking seizure occurred.
15        (3) After a claimant files a verified claim with the
16    State's Attorney and provides an address at which the
17    claimant will accept service, the complaint shall be served
18    and notice shall be perfected upon mailing of the complaint
19    to the claimant at the address the claimant provided via
20    certified mail, return receipt requested, and first class
21    mail. No return receipt need be received or any other
22    attempts at service need be made to comply with service and
23    notice requirements under this Act. This certified
24    mailing, return receipt requested, shall be proof of
25    service of the complaint on the claimant.
26        (4) Notice to any business entity, corporation,

 

 

SB1528- 173 -LRB101 06797 SLF 51824 b

1    limited liability company, limited liability partnership,
2    or partnership shall be completed by a single mailing of a
3    copy of the notice by certified mail, return receipt
4    requested, and first class mail to that address. This
5    notice is complete regardless of the return of a signed
6    return receipt.
7        (5) Notice to a person whose address is not within the
8    State shall be completed by a single mailing of a copy of
9    the notice by certified mail, return receipt requested, and
10    first class mail to that address. This notice is complete
11    regardless of the return of a signed return receipt.
12        (6) Notice to a person whose address is not within the
13    United States shall be completed by a single mailing of a
14    copy of the notice by certified mail, return receipt
15    requested, and first class mail to that address. This
16    notice shall be complete regardless of the return of a
17    signed return receipt. If certified mail is not available
18    in the foreign country where the person has an address,
19    then notice shall proceed by publication under paragraph
20    (2) of this Section.
21        (7) Notice to any person whom the State's Attorney
22    reasonably should know is incarcerated within the State
23    shall also include the mailing a copy of the notice by
24    certified mail, return receipt requested, and first class
25    mail to the address of the detention facility with the
26    inmate's name clearly marked on the envelope.

 

 

SB1528- 174 -LRB101 06797 SLF 51824 b

1(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
2100-1163, eff. 12-20-18.)
 
3    (725 ILCS 150/5)  (from Ch. 56 1/2, par. 1675)
4    Sec. 5. Notice to State's Attorney. The law enforcement
5agency taking the seizing property for government taking
6forfeiture under the Illinois Controlled Substances Act, the
7Cannabis Control Act, or the Methamphetamine Control and
8Community Protection Act, or the Illinois Food, Drug, and
9Cosmetic Act shall, as soon as practicable but not later than
1028 days after the government taking seizure, notify the State's
11Attorney for the county in which an act or omission giving rise
12to the government taking seizure occurred or in which the
13property was taken seized of the government taking seizure of
14the property and the facts and circumstances giving rise to the
15government taking seizure and shall provide the State's
16Attorney with the inventory of the property and its estimated
17value. Said notice shall be by the delivery of Form 4-64. When
18the property subject to government taking seized for forfeiture
19is a vehicle, the law enforcement agency taking seizing the
20property shall immediately notify the Secretary of State that
21government taking forfeiture proceedings are pending regarding
22such vehicle.
23(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
24    (725 ILCS 150/5.1)

 

 

SB1528- 175 -LRB101 06797 SLF 51824 b

1    Sec. 5.1. Replevin prohibited; return of personal property
2inside taken seized conveyance.
3    (a) Property subject to government taking during an arrest
4seized under this Act shall not be subject to replevin, but is
5deemed to be in the custody of the Director of State Police,
6subject only to the order and judgments of the circuit court
7having jurisdiction over the government taking forfeiture
8proceedings and the decisions of the State's Attorney.
9    (b) A claimant or a party interested in personal property
10contained within a seized conveyance subject to government
11taking may file a request with the State's Attorney in an
12administrative government taking forfeiture action, or a
13motion with the court in a judicial government taking
14forfeiture action, for the return of any personal property
15contained within a conveyance seized subject to government
16taking under this Act. The return of personal property shall
17not be unreasonably withheld if the personal property is not
18mechanically or electrically coupled to the conveyance, needed
19for evidentiary purposes, or otherwise contraband. A law
20enforcement agency that returns property under a court order
21under this Section shall not be liable to any person who claims
22ownership to the property if the property is returned to an
23improper party.
24(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
25    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)

 

 

SB1528- 176 -LRB101 06797 SLF 51824 b

1    Sec. 6. Non-judicial government taking forfeiture. If
2non-real property that exceeds $150,000 in value excluding the
3value of any conveyance, or if real property is subject to
4government taking during an arrest seized under the provisions
5of the Illinois Controlled Substances Act, the Cannabis Control
6Act, or the Methamphetamine Control and Community Protection
7Act, the State's Attorney shall institute judicial in rem
8government taking forfeiture proceedings as described in
9Section 9 of this Act within 28 days from receipt of notice of
10government taking seizure from the seizing agency under Section
115 of this Act. However, if non-real property that does not
12exceed $150,000 in value excluding the value of any conveyance
13is taken seized, the following procedure shall be used:
14        (A) If, after review of the facts surrounding the
15    government taking seizure, the State's Attorney is of the
16    opinion that the seized property is subject government
17    taking during an arrest to forfeiture, then, within 28 days
18    of the receipt of notice of government taking seizure from
19    the seizing agency, the State's Attorney shall cause notice
20    of pending government taking forfeiture to be given to the
21    owner of the property and all known interest holders of the
22    property in accordance with Section 4 of this Act.
23        (B) The notice of pending government taking forfeiture
24    must include a description of the property, the estimated
25    value of the property, the date and place of government
26    taking seizure, the conduct giving rise to government

 

 

SB1528- 177 -LRB101 06797 SLF 51824 b

1    taking forfeiture or the violation of law alleged, and a
2    summary of procedures and procedural rights applicable to
3    the government taking forfeiture action.
4         (C)(1) Any person claiming an interest in property
5    which is the subject of notice under subsection (A) of this
6    Section may, within 45 days after the effective date of
7    notice as described in Section 4 of this Act, file a
8    verified claim with the State's Attorney expressing his or
9    her interest in the property. The claim must set forth:
10            (i) the caption of the proceedings as set forth on
11        the notice of pending government taking forfeiture and
12        the name of the claimant;
13            (ii) the address at which the claimant will accept
14        mail;
15            (iii) the nature and extent of the claimant's
16        interest in the property;
17            (iv) the date, identity of the transferor, and
18        circumstances of the claimant's acquisition of the
19        interest in the property;
20            (v) the names and addresses of all other persons
21        known to have an interest in the property;
22            (vi) the specific provision of law relied on in
23        asserting the property is not subject to government
24        taking forfeiture;
25            (vii) all essential facts supporting each
26        assertion; and

 

 

SB1528- 178 -LRB101 06797 SLF 51824 b

1            (viii) the relief sought.
2        (2) If a claimant files the claim then the State's
3    Attorney shall institute judicial in rem government taking
4    forfeiture proceedings within 28 days after receipt of the
5    claim.
6        (D) If no claim is filed within the 45-day period as
7    described in subsection (C) of this Section, the State's
8    Attorney shall declare the property subject to government
9    taking forfeited and shall promptly notify the owner and
10    all known interest holders of the property and the Director
11    of the Illinois Department of State Police of the
12    declaration of government taking forfeiture and the
13    Director shall dispose of the property in accordance with
14    law.
15(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
16100-1163, eff. 12-20-18.)
 
17    (725 ILCS 150/7)  (from Ch. 56 1/2, par. 1677)
18    Sec. 7. Presumptions and inferences.
19    (1) The following situation shall give rise to a
20presumption that the property described therein was furnished
21or intended to be furnished in exchange for a substance in
22violation of the Illinois Controlled Substances Act, the
23Cannabis Control Act, or the Methamphetamine Control and
24Community Protection Act, or is the proceeds of such an
25exchange, and therefore subject to government taking during an

 

 

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1arrest forfeitable under this Act, such presumptions being
2rebuttable by a preponderance of the evidence:
3    All moneys, coin, or currency found in close proximity to
4any substances manufactured, distributed, dispensed, or
5possessed in violation of the Illinois Controlled Substances
6Act, the Cannabis Control Act, or the Methamphetamine Control
7and Community Protection Act, to forfeitable drug
8manufacturing or distributing paraphernalia, or to forfeitable
9records of the importation, manufacture or distribution of
10substances.
11    (2) In the following situation, the trier of fact may infer
12that the property described therein was furnished or intended
13to be furnished in exchange for a substance in violation of the
14Illinois Controlled Substances Act, the Cannabis Control Act,
15or the Methamphetamine Control and Community Protection Act, or
16is the proceeds of such an exchange, and therefore subject to
17government taking during an arrest forfeitable under this Act:
18    All property acquired or caused to be acquired by a person
19either between the dates of occurrence of two or more acts in
20felony violation of the Illinois Controlled Substances Act, the
21Cannabis Control Act, or the Methamphetamine Control and
22Community Protection Act, or an act committed in another state,
23territory or country which would be punishable as a felony
24under the Illinois Controlled Substances Act, the Cannabis
25Control Act, or the Methamphetamine Control and Community
26Protection Act, committed by that person within 5 years of each

 

 

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1other, or all property acquired by such person within a
2reasonable amount of time after the commission of such acts if:
3        (a) at least one of the above acts was committed after
4    the effective date of this Act; and
5        (b) both of the acts are or were punishable as a Class
6    X, Class 1, or Class 2 felony; and
7        (c) there was no likely source for such property other
8    than a violation of the above Acts.
9    (3) Presumptions and permissive inferences set forth in
10this Section shall apply to all portions of all phases of all
11government taking forfeiture proceedings under this Act.
12(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
13    (725 ILCS 150/8)  (from Ch. 56 1/2, par. 1678)
14    Sec. 8. Exemptions from government taking forfeiture.
15    (a) No vessel or watercraft, vehicle, or aircraft used by
16any person as a common carrier in the transaction of business
17as a common carrier may be subject to government taking during
18an arrest forfeited under this Act unless the State proves by a
19preponderance of the evidence that:
20        (1) in the case of a railway car or engine, the owner,
21    or
22        (2) in the case of any other such vessel or watercraft,
23    vehicle or aircraft, the owner or the master of such vessel
24    or watercraft or the owner or conductor, driver, pilot, or
25    other person in charge of that vehicle or aircraft was at

 

 

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1    the time of the alleged illegal act a consenting party or
2    privy to that knowledge.
3    (b) No vessel or watercraft, vehicle, or aircraft shall be
4subject to government taking during an arrest forfeited under
5this Act by reason of any act or omission committed or omitted
6by any person other than such owner while a vessel or
7watercraft, vehicle, or aircraft was unlawfully in the
8possession of a person who acquired possession in violation of
9the criminal laws of the United States or of any state.
10(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
11    (725 ILCS 150/9)  (from Ch. 56 1/2, par. 1679)
12    Sec. 9. Judicial in rem procedures. If property subject to
13government taking during an arrest seized under the provisions
14of the Illinois Controlled Substances Act, the Cannabis Control
15Act, or the Methamphetamine Control and Community Protection
16Act is non-real property that exceeds $150,000 in value
17excluding the value of any conveyance, or is real property, or
18a claimant has filed a claim under subsection (C) of Section 6
19of this Act, the following judicial in rem procedures shall
20apply:
21        (A) If, after a review of the facts surrounding the
22    government taking seizure, the State's Attorney is of the
23    opinion that the seized property is subject to subject to
24    government taking during an arrest forfeiture, the State's
25    Attorney shall institute judicial government taking

 

 

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1    forfeiture proceedings by filing a verified complaint for
2    government taking forfeiture in the circuit court within
3    whose jurisdiction the government taking seizure occurred,
4    or within whose jurisdiction an act or omission giving rise
5    to the government taking seizure occurred, subject to
6    Supreme Court Rule 187. The complaint for government taking
7    forfeiture shall be filed as soon as practicable, but not
8    later than 28 days after the filing of a verified claim by
9    a claimant if the property was acted upon under a
10    non-judicial government taking forfeiture action, or 28
11    days after the State's Attorney receives notice from the
12    seizing agency as provided under Section 5 of this Act,
13    whichever occurs later. When authorized by law, a
14    government taking forfeiture must be ordered by a court on
15    an action in rem brought by a State's Attorney under a
16    verified complaint for government taking forfeiture.
17        (A-5) If the State's Attorney finds that the alleged
18    violation of law giving rise to the government taking
19    seizure was incurred without willful negligence or without
20    any intention on the part of the owner of the property to
21    violate the law or finds the existence of mitigating
22    circumstances to justify remission of the government
23    taking forfeiture, the State's Attorney may cause the law
24    enforcement agency having custody of the property to return
25    the property to the owner within a reasonable time not to
26    exceed 7 days. The State's Attorney shall exercise his or

 

 

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1    her discretion prior to or promptly after the preliminary
2    review under Section 3.5 of this Act. Judicial in rem
3    government taking forfeiture proceedings under this Act
4    shall be subject to the Code of Civil Procedure and the
5    rules of evidence relating to civil actions.
6        (A-10) A complaint of government taking forfeiture
7    shall include:
8            (1) a description of the property subject to
9        government taking seized;
10            (2) the date and place of taking seizure of the
11        property;
12            (3) the name and address of the law enforcement
13        agency making the government taking seizure; and
14            (4) the specific statutory and factual grounds for
15        the government taking seizure.
16        The complaint shall be served upon the person from whom
17    the property was taken seized and all persons known or
18    reasonably believed by the State to claim an interest in
19    the property, as provided in Section 4 of this Act. The
20    complaint shall be accompanied by the following written
21    notice:
22        "This is a civil court proceeding subject to the Code
23        of Civil Procedure. You received this Complaint of
24        Government Taking Forfeiture because the State's
25        Attorney's office has brought a legal action seeking
26        government taking forfeiture of your taken seized

 

 

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1        property. This complaint starts the court process
2        where the state seeks to prove that your property
3        should be taken forfeited and not returned to you. This
4        process is also your opportunity to try to prove to a
5        judge that you should get your property back. The
6        complaint lists the date, time, and location of your
7        first court date. You must appear in court on that day,
8        or you may lose the case automatically. You must also
9        file an appearance and answer. If you are unable to pay
10        the appearance fee, you may qualify to have the fee
11        waived. If there is a criminal case related to the
12        government taking seizure of your property, your case
13        may be set for trial after the criminal case has been
14        resolved. Before trial, the judge may allow discovery,
15        where the State can ask you to respond in writing to
16        questions and give them certain documents, and you can
17        make similar requests of the State. The trial is your
18        opportunity to explain what happened when your
19        property was taken seized and why you should get the
20        property back.".
21        (B) The laws of evidence relating to civil actions
22    shall apply to all other proceedings under this Act except
23    that the parties shall be allowed to use, and the court
24    must receive and consider, all relevant hearsay evidence
25    that relates to evidentiary foundation, chain of custody,
26    business records, recordings, laboratory analysis,

 

 

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1    laboratory reports, and the use of technology in the
2    investigation that resulted in the taking seizure of the
3    property that is subject to the government taking
4    forfeiture action.
5        (C) Only an owner of or interest holder in the property
6    may file an answer asserting a claim against the property
7    in the action in rem. For purposes of this Section, the
8    owner or interest holder shall be referred to as claimant.
9    A person not named in the government taking forfeiture
10    complaint who claims to have an interest in the property
11    may petition to intervene as a claimant under Section 2-408
12    of the Code of Civil Procedure.
13        (D) The answer must be signed by the owner or interest
14    holder under penalty of perjury and must set forth:
15            (i) the caption of the proceedings as set forth on
16        the notice of pending government taking forfeiture and
17        the name of the claimant;
18            (ii) the address at which the claimant will accept
19        mail;
20            (iii) the nature and extent of the claimant's
21        interest in the property;
22            (iv) the date, identity of transferor, and
23        circumstances of the claimant's acquisition of the
24        interest in the property;
25            (v) the names and addresses of all other persons
26        known to have an interest in the property;

 

 

SB1528- 186 -LRB101 06797 SLF 51824 b

1            (vi) the specific provisions of Section 8 of this
2        Act relied on in asserting it is exempt from government
3        taking forfeiture, if applicable;
4            (vii) all essential facts supporting each
5        assertion;
6            (viii) the precise relief sought; and
7            (ix) in a government taking forfeiture action
8        involving currency or its equivalent, a claimant shall
9        provide the State with notice of the claimant's intent
10        to allege that the currency or its equivalent is not
11        related to the alleged factual basis for the government
12        taking forfeiture, and why.
13        (E) The answer must be filed with the court within 45
14    days after service of the civil in rem complaint.
15        (F) The trial shall be held within 60 days after filing
16    of the answer unless continued for good cause.
17        (G) The State, in its case in chief, shall show by a
18    preponderance of the evidence that the property is subject
19    to government taking forfeiture; and at least one of the
20    following:
21            (i) In the case of personal property, including
22        conveyances:
23                (a) that the claimant was legally accountable
24            for the conduct giving rise to the government
25            taking forfeiture;
26                (b) that the claimant knew or reasonably

 

 

SB1528- 187 -LRB101 06797 SLF 51824 b

1            should have known of the conduct giving rise to the
2            government taking forfeiture;
3                (c) that the claimant knew or reasonably
4            should have known that the conduct giving rise to
5            the government taking forfeiture was likely to
6            occur;
7                (d) that the claimant held the property for the
8            benefit of, or as nominee for, any person whose
9            conduct gave rise to its government taking
10            forfeiture;
11                (e) that if the claimant acquired the interest
12            through any person engaging in any of the conduct
13            described above or conduct giving rise to the
14            government taking forfeiture:
15                    (1) the claimant did not acquire it as a
16                bona fide purchaser for value, or
17                    (2) the claimant acquired the interest
18                under such circumstances that the claimant
19                reasonably should have known the property was
20                derived from, or used in, the conduct giving
21                rise to the government taking forfeiture;
22                (f) that the claimant is not the true owner of
23            the property;
24                (g) that the claimant acquired the interest:
25                    (1) before the commencement of the conduct
26                giving rise to the government taking

 

 

SB1528- 188 -LRB101 06797 SLF 51824 b

1                forfeiture and the person whose conduct gave
2                rise to the government taking forfeiture did
3                not have authority to convey the interest to a
4                bona fide purchaser for value at the time of
5                the conduct; or
6                    (2) after the commencement of the conduct
7                giving rise to the government taking
8                forfeiture and the owner or interest holder
9                acquired the interest as a mortgagee, secured
10                creditor, lienholder, or bona fide purchaser
11                for value without knowledge of the conduct that
12                gave rise to the government taking forfeiture,
13                and without the knowledge of the taking seizure
14                of the property for forfeiture.
15            (ii) In the case of real property:
16                (a) that the claimant was legally accountable
17            for the conduct giving rise to the government
18            taking forfeiture;
19                (b) that the claimant solicited, conspired, or
20            attempted to commit the conduct giving rise to the
21            government taking forfeiture; or
22                (c) that the claimant had acquired or stood to
23            acquire substantial proceeds from the conduct
24            giving rise to its government taking forfeiture
25            other than as an interest holder in an arm's length
26            transaction;

 

 

SB1528- 189 -LRB101 06797 SLF 51824 b

1                (d) that the claimant is not the true owner of
2            the property;
3                (e) that the claimant acquired the interest:
4                    (1) before the commencement of the conduct
5                giving rise to the government taking
6                forfeiture and the person whose conduct gave
7                rise to the government taking forfeiture did
8                not have authority to convey the interest to a
9                bona fide purchaser for value at the time of
10                the conduct; or
11                    (2) after the commencement of the conduct
12                giving rise to the government taking
13                forfeiture and the owner or interest holder
14                acquired the interest as a mortgagee, secured
15                creditor, lienholder, or bona fide purchaser
16                for value without knowledge of the conduct that
17                gave rise to the government taking forfeiture,
18                and before the filing in the office of the
19                recorder of deeds of the county in which the
20                real estate is located a notice of government
21                taking seizure for forfeiture or a lis pendens
22                notice.
23        (G-5) If the property that is the subject of the
24    government taking forfeiture proceeding is currency or its
25    equivalent, the State, in its case in chief, shall show by
26    a preponderance of the evidence that the property is

 

 

SB1528- 190 -LRB101 06797 SLF 51824 b

1    subject to government taking during an arrest forfeiture.
2    If the State makes that showing, the claimant shall have
3    the burden of production to set forth evidence that the
4    currency or its equivalent is not related to the alleged
5    factual basis of the government taking forfeiture. After
6    the production of evidence, the State shall maintain the
7    burden of proof to overcome this assertion.
8        (G-10) Notwithstanding any other provision of this
9    Section, the State's burden of proof at the trial of the
10    government taking forfeiture action shall be by clear and
11    convincing evidence if:
12            (1) a finding of not guilty is entered as to all
13        counts and all defendants in a criminal proceeding
14        relating to the conduct giving rise to the government
15        taking forfeiture action; or
16            (2) the State receives an adverse finding at a
17        preliminary hearing and fails to secure an indictment
18        in a criminal proceeding related to the factual
19        allegations of the government taking forfeiture
20        action.
21        (H) If the State does not meet its burden of proof, the
22    court shall order the interest in the property returned or
23    conveyed to the claimant and shall order all other property
24    as to which the State does meet its burden of proof taken
25    by forfeited to the State. If the State does meet its
26    burden of proof, the court shall order all property subject

 

 

SB1528- 191 -LRB101 06797 SLF 51824 b

1    to government taking forfeited to the State.
2        (I) A defendant convicted in any criminal proceeding is
3    precluded from later denying the essential allegations of
4    the criminal offense of which the defendant was convicted
5    in any proceeding under this Act regardless of the pendency
6    of an appeal from that conviction. However, evidence of the
7    pendency of an appeal is admissible.
8        (J) An acquittal or dismissal in a criminal proceeding
9    shall not preclude civil proceedings under this Act;
10    however, for good cause shown, on a motion by the State's
11    Attorney, the court may stay government taking civil
12    forfeiture proceedings during the criminal trial for a
13    related criminal indictment or information alleging a
14    violation of the Illinois Controlled Substances Act, the
15    Cannabis Control Act, or the Methamphetamine Control and
16    Community Protection Act. Such a stay shall not be
17    available pending an appeal. Property subject to
18    government taking forfeiture under the Illinois Controlled
19    Substances Act, the Cannabis Control Act, or the
20    Methamphetamine Control and Community Protection Act shall
21    not be subject to return or release by a court exercising
22    jurisdiction over a criminal case involving the taking
23    seizure of such property unless such return or release is
24    consented to by the State's Attorney.
25        (K) Title to all property declared subject to
26    government taking during an arrest forfeited under this Act

 

 

SB1528- 192 -LRB101 06797 SLF 51824 b

1    vests in the State on the commission of the conduct giving
2    rise to government taking forfeiture together with the
3    proceeds of the property after that time. Except as
4    otherwise provided in this Act, any such property or
5    proceeds subsequently transferred to any person remain
6    subject to government taking forfeiture unless a person to
7    whom the property was transferred makes an appropriate
8    claim under this Act and has the claim adjudicated in the
9    judicial in rem proceeding.
10        (L) A civil action under this Act must be commenced
11    within 5 years after the last conduct giving rise to
12    government taking forfeiture became known or should have
13    become known or 5 years after the forfeitable property is
14    discovered, whichever is later, excluding any time during
15    which either the property or claimant is out of the State
16    or in confinement or during which criminal proceedings
17    relating to the same conduct are in progress.
18        (M) No property shall be subject to government taking
19    during an arrest forfeited under this Act from a person
20    who, without actual or constructive notice that the
21    property was the subject of government taking forfeiture
22    proceedings, obtained possession of the property as a bona
23    fide purchaser for value. A person who purports to transfer
24    property after receiving actual or constructive notice
25    that the property is subject to subject to government
26    taking during an arrest seizure or forfeiture is guilty of

 

 

SB1528- 193 -LRB101 06797 SLF 51824 b

1    contempt of court and shall be liable to the State for a
2    penalty in the amount of the fair market value of the
3    property.
4        (N) If property is ordered subject to government taking
5    during an arrest forfeited under this Act from a claimant
6    who held title to the property in joint tenancy or tenancy
7    in common with another claimant, the court shall determine
8    the amount of each owner's interest in the property
9    according to principles of property law.
10(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
11100-1163, eff. 12-20-18.)
 
12    (725 ILCS 150/9.1)
13    Sec. 9.1. Innocent owner hearing.
14    (a) After a complaint for government taking forfeiture is
15filed and all claimants have appeared and answered, a claimant
16may file a motion with the court for an innocent owner hearing
17prior to trial. This motion shall be made and supported by
18sworn affidavit and shall assert the following along with
19specific facts that support each assertion:
20        (1) that the claimant filing the motion is the true
21    owner of the conveyance as interpreted by case law;
22        (2) that the claimant was not legally accountable for
23    the conduct giving rise to the government taking forfeiture
24    or acquiesced in the conduct;
25        (3) that the claimant did not solicit, conspire, or

 

 

SB1528- 194 -LRB101 06797 SLF 51824 b

1    attempt to commit the conduct giving rise to the government
2    taking forfeiture;
3        (4) that the claimant did not know or did not have
4    reason to know that the conduct giving rise to the
5    government taking forfeiture was likely to occur; and
6        (5) that the claimant did not hold the property for the
7    benefit of, or as nominee for any person whose conduct gave
8    rise to its government taking forfeiture, or if the owner
9    or interest holder acquired the interest through any such
10    person, the owner or interest holder did not acquire it as
11    a bona fide purchaser for value, or acquired the interest
12    without knowledge of the taking seizure of the property for
13    government taking forfeiture.
14    The claimant's motion shall include specific facts
15supporting these assertions.
16    (b) Upon this filing, a hearing may only be held after the
17parties have been given the opportunity to conduct limited
18discovery as to the ownership and control of the property, the
19claimant's knowledge, or any matter relevant to the issues
20raised or facts alleged in the claimant's motion. Discovery
21shall be limited to the People's requests in these areas but
22may proceed by any means allowed in the Code of Civil
23Procedure.
24    (c) After discovery is complete and the court has allowed
25for sufficient time to review and investigate the discovery
26responses, the court shall conduct a hearing. At the hearing,

 

 

SB1528- 195 -LRB101 06797 SLF 51824 b

1the fact that the property is subject to government taking
2forfeiture shall not be at issue. The court shall only hear
3evidence relating to the issue of innocent ownership.
4    (d) At the hearing on the motion, the claimant shall bear
5the burden of proving by a preponderance of the evidence each
6of the assertions set forth in subsection (a) of this Section.
7If a claimant meets the burden of proof, the court shall grant
8the motion and order the property returned to the claimant. If
9the claimant fails to meet the burden of proof, then the court
10shall deny the motion and the government taking forfeiture case
11shall proceed according to the Code of Civil Procedure.
12(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
13    (725 ILCS 150/9.5)
14    Sec. 9.5. Proportionality. Property subject to government
15taking during an arrest forfeited under this Act shall be
16subject to an 8th Amendment to the United States Constitution
17disproportionate penalties analysis and the government taking
18property forfeiture may be denied in whole or in part if the
19court finds that the government taking forfeiture would
20constitute an excessive fine in violation of the 8th Amendment
21to the United States Constitution, as interpreted by case law.
22(Source: P.A. 100-512, eff. 7-1-18.)
 
23    (725 ILCS 150/10)  (from Ch. 56 1/2, par. 1680)
24    Sec. 10. Stay of time periods. If property is taken seized

 

 

SB1528- 196 -LRB101 06797 SLF 51824 b

1for evidence and government taking for forfeiture, the time
2periods for instituting judicial and non-judicial government
3taking forfeiture proceedings shall not begin until the
4property is no longer necessary for evidence.
5(Source: P.A. 86-1382.)
 
6    (725 ILCS 150/11)  (from Ch. 56 1/2, par. 1681)
7    Sec. 11. Settlement of claims. Notwithstanding other
8provisions of this Act, the State's Attorney and a claimant of
9seized property subject to government taking may enter into an
10agreed-upon settlement concerning the seized property in such
11an amount and upon such terms as are set out in writing in a
12settlement agreement. All proceeds from a settlement agreement
13shall be tendered to the Department of State Police and
14distributed in accordance with the provisions of Section 13.2
15of this Act.
16(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
17    (725 ILCS 150/12)  (from Ch. 56 1/2, par. 1682)
18    Sec. 12. Nothing in this Act shall apply to property which
19constitutes reasonable bona fide attorney's fees paid to an
20attorney for services rendered or to be rendered in the
21government taking forfeiture proceeding or criminal proceeding
22relating directly thereto where such property was paid before
23its taking seizure, before the issuance of any seizure warrant
24or court order prohibiting transfer of the property and where

 

 

SB1528- 197 -LRB101 06797 SLF 51824 b

1the attorney, at the time he or she received the property did
2not know that it was property subject to government taking
3forfeiture under this Act.
4(Source: P.A. 86-1382.)
 
5    (725 ILCS 150/13)  (from Ch. 56 1/2, par. 1683)
6    Sec. 13. Construction. It shall be the intent of the
7General Assembly that the government taking forfeiture
8provisions of this Act be liberally construed so as to effect
9their remedial purpose. The government taking forfeiture of
10property during an arrest and other remedies hereunder shall be
11considered to be in addition, and not exclusive of any sentence
12or other remedy provided by law.
13(Source: P.A. 86-1382.)
 
14    (725 ILCS 150/13.1)   (was 725 ILCS 150/15)
15    Sec. 13.1. Return of property, damages, and costs.
16    (a) The law enforcement agency that holds custody of
17property subject to government taking during an arrest seized
18for forfeiture shall deliver property ordered by the court to
19be returned or conveyed to the claimant within a reasonable
20time not to exceed 7 days, unless the order is stayed by the
21trial court or a reviewing court pending an appeal, motion to
22reconsider, or other reason.
23    (b) The law enforcement agency that holds custody of
24property described in subsection (a) of this Section is

 

 

SB1528- 198 -LRB101 06797 SLF 51824 b

1responsible for any damages, storage fees, and related costs
2applicable to property returned. The claimant shall not be
3subject to any charges by the State for storage of the property
4or expenses incurred in the preservation of the property.
5Charges for the towing of a conveyance shall be borne by the
6claimant unless the conveyance was towed for the sole reason of
7government taking seizure for forfeiture. This Section does not
8prohibit the imposition of any fees or costs by a home rule
9unit of local government related to the impoundment of a
10conveyance pursuant to an ordinance enacted by the unit of
11government.
12    (c) A law enforcement agency shall not retain forfeited
13property taken by the government during an arrest for its own
14use or transfer the property to any person or entity, except as
15provided under this Section. A law enforcement agency may apply
16in writing to the Director of State Police to request that
17forfeited property be awarded to the agency for a specifically
18articulated official law enforcement use in an investigation.
19The Director of State Police shall provide a written
20justification in each instance detailing the reasons why the
21taken forfeited property was placed into official use and the
22justification shall be retained for a period of not less than 3
23years.
24(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
25    (725 ILCS 150/13.2)  (was 725 ILCS 150/17)

 

 

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1    Sec. 13.2. Distribution of proceeds; selling or retaining
2seized property subject to government taking prohibited.
3    (a) Except as otherwise provided in this Section, the court
4shall order that property subject to government taking during
5an arrest forfeited under this Act be delivered to the
6Department of State Police within 60 days.
7    (b) All moneys and the sale proceeds of all other property
8subject to government taking during an arrest forfeited and
9seized under this Act shall be distributed as follows:
10        (1)(i) 65% shall be distributed to the metropolitan
11    enforcement group, local, municipal, county, or State law
12    enforcement agency or agencies that conducted or
13    participated in the investigation resulting in the
14    government taking forfeiture. The distribution shall bear
15    a reasonable relationship to the degree of direct
16    participation of the law enforcement agency in the effort
17    resulting in the government taking forfeiture, taking into
18    account the total value of the property forfeited and the
19    total law enforcement effort with respect to the violation
20    of the law upon which the government taking forfeiture is
21    based. Amounts distributed to the agency or agencies shall
22    be used for the enforcement of laws governing cannabis and
23    controlled substances; for public education in the
24    community or schools in the prevention or detection of the
25    abuse of drugs or alcohol; or for security cameras used for
26    the prevention or detection of violence, except that

 

 

SB1528- 200 -LRB101 06797 SLF 51824 b

1    amounts distributed to the Secretary of State shall be
2    deposited into the Secretary of State Evidence Fund to be
3    used as provided in Section 2-115 of the Illinois Vehicle
4    Code.
5        (ii) Any local, municipal, or county law enforcement
6    agency entitled to receive a monetary distribution of
7    forfeiture proceeds may share those forfeiture proceeds
8    pursuant to the terms of an intergovernmental agreement
9    with a municipality that has a population in excess of
10    20,000 if:
11            (A) the receiving agency has entered into an
12        intergovernmental agreement with the municipality to
13        provide police services;
14            (B) the intergovernmental agreement for police
15        services provides for consideration in an amount of not
16        less than $1,000,000 per year;
17            (C) the government taking seizure took place
18        within the geographical limits of the municipality;
19        and
20            (D) the funds are used only for the enforcement of
21        laws governing cannabis and controlled substances; for
22        public education in the community or schools in the
23        prevention or detection of the abuse of drugs or
24        alcohol; or for security cameras used for the
25        prevention or detection of violence or the
26        establishment of a municipal police force, including

 

 

SB1528- 201 -LRB101 06797 SLF 51824 b

1        the training of officers, construction of a police
2        station, or the purchase of law enforcement equipment
3        or vehicles.
4        (2)(i) 12.5% shall be distributed to the Office of the
5    State's Attorney of the county in which the prosecution
6    resulting in the government taking forfeiture was
7    instituted, deposited in a special fund in the county
8    treasury and appropriated to the State's Attorney for use
9    in the enforcement of laws governing cannabis and
10    controlled substances; for public education in the
11    community or schools in the prevention or detection of the
12    abuse of drugs or alcohol; or, at the discretion of the
13    State's Attorney, in addition to other authorized
14    purposes, to make grants to local substance abuse treatment
15    facilities and half-way houses. In counties over 3,000,000
16    population, 25% shall be distributed to the Office of the
17    State's Attorney for use in the enforcement of laws
18    governing cannabis and controlled substances; for public
19    education in the community or schools in the prevention or
20    detection of the abuse of drugs or alcohol; or at the
21    discretion of the State's Attorney, in addition to other
22    authorized purposes, to make grants to local substance
23    abuse treatment facilities and half-way houses. If the
24    prosecution is undertaken solely by the Attorney General,
25    the portion provided shall be distributed to the Attorney
26    General for use in the enforcement of laws governing

 

 

SB1528- 202 -LRB101 06797 SLF 51824 b

1    cannabis and controlled substances or for public education
2    in the community or schools in the prevention or detection
3    of the abuse of drugs or alcohol.
4        (ii) 12.5% shall be distributed to the Office of the
5    State's Attorneys Appellate Prosecutor and deposited in
6    the Narcotics Profit Forfeiture Fund of that office to be
7    used for additional expenses incurred in the
8    investigation, prosecution and appeal of cases arising
9    under laws governing cannabis and controlled substances or
10    for public education in the community or schools in the
11    prevention or detection of the abuse of drugs or alcohol.
12    The Office of the State's Attorneys Appellate Prosecutor
13    shall not receive distribution from cases brought in
14    counties with over 3,000,000 population.
15        (3) 10% shall be retained by the Department of State
16    Police for expenses related to the administration and sale
17    of seized and forfeited property subject to government
18    taking.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
20    (725 ILCS 150/13.3)  (was 725 ILCS 150/20)
21    Sec. 13.3. Reporting. Property taken by the government
22during an arrest seized or forfeited under this Act is subject
23to reporting under the Seizure and Forfeiture Reporting Act.
24(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 

 

 

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1    (725 ILCS 150/13.4)
2    Sec. 13.4. Applicability; savings clause.
3    (a) The changes made to this Act by Public Act 100-512 and
4Public Act 100-699 only apply to property subject to government
5taking during an arrest seized on and after July 1, 2018.
6    (b) The changes made to this Act by Public Act 100-699 are
7subject to Section 4 of the Statute on Statutes.
8(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
9    (725 ILCS 150/14)  (from Ch. 56 1/2, par. 1684)
10    Sec. 14. Judicial review. If property has been declared
11subject to government taking forfeited under Section 6 of this
12Act, any person who has an interest in the property declared
13forfeited may, within 30 days of the effective date of the
14notice of the declaration of government taking forfeiture, file
15a claim as described in subsection (C) of Section 6 of this
16Act. If a claim is filed under this Section, then the
17procedures described in Section 9 of this Act shall apply.
18(Source: P.A. 100-512, eff. 7-1-18.)
 
19    Section 50. The Narcotics Profit Forfeiture Act is amended
20by changing Sections 2, 3, 4, 5, 5.1, 5.2, 6, 6.5, 7, 8, 9, and
2111 as follows:
 
22    (725 ILCS 175/2)  (from Ch. 56 1/2, par. 1652)
23    Sec. 2. Legislative Declaration. Narcotics racketeering is

 

 

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1a far-reaching and extremely profitable criminal enterprise.
2Racketeering schemes persist despite the threat of prosecution
3and the actual prosecution and imprisonment of individual
4participants because existing sanctions do not effectively
5reach the money and other assets generated by such schemes. It
6is therefore necessary to supplement existing sanctions by
7mandating government taking forfeiture of money and other
8assets generated by narcotics racketeering activities.
9Government taking Forfeiture diminishes the financial
10incentives which encourage and sustain narcotics racketeering,
11and secures for the People of the State of Illinois assets to
12be used for enforcement of laws governing narcotics activity.
13(Source: P.A. 82-940.)
 
14    (725 ILCS 175/5)  (from Ch. 56 1/2, par. 1655)
15    Sec. 5. (a) A person who commits the offense of narcotics
16racketeering shall:
17        (1) be guilty of a Class 1 felony; and
18        (2) be subject to a fine of up to $250,000.
19    A person who commits the offense of narcotics racketeering
20or who violates Section 3 of the Drug Paraphernalia Control Act
21shall be subject to government taking of forfeit to the State
22of Illinois: (A) any profits or proceeds and any property or
23property interest he has acquired or maintained in violation of
24this Act or Section 3 of the Drug Paraphernalia Control Act or
25has used to facilitate a violation of this Act that the court

 

 

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1determines, after a government taking forfeiture hearing,
2under subsection (b) of this Section to have been acquired or
3maintained as a result of narcotics racketeering or violating
4Section 3 of the Drug Paraphernalia Control Act, or used to
5facilitate narcotics racketeering; and (B) any interest in,
6security of, claim against, or property or contractual right of
7any kind affording a source of influence over, any enterprise
8which he has established, operated, controlled, conducted, or
9participated in the conduct of, in violation of this Act or
10Section 3 of the Drug Paraphernalia Control Act, that the court
11determines, after a government taking forfeiture hearing,
12under subsection (b) of this Section to have been acquired or
13maintained as a result of narcotics racketeering or violating
14Section 3 of the Drug Paraphernalia Control Act or used to
15facilitate narcotics racketeering.
16    (b) The court shall, upon petition by the Attorney General
17or State's Attorney, at any time subsequent to the filing of an
18information or return of an indictment, conduct a hearing to
19determine whether any property or property interest is subject
20to government taking forfeiture under this Act. At the
21government taking forfeiture hearing the people shall have the
22burden of establishing, by a preponderance of the evidence,
23that property or property interests are subject to government
24taking forfeiture under this Act. There is a rebuttable
25presumption at such hearing that any property or property
26interest of a person charged by information or indictment with

 

 

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1narcotics racketeering or who is convicted of a violation of
2Section 3 of the Drug Paraphernalia Control Act is subject to
3government taking forfeiture under this Section if the State
4establishes by a preponderance of the evidence that:
5        (1) such property or property interest was acquired by
6    such person during the period of the violation of this Act
7    or Section 3 of the Drug Paraphernalia Control Act or
8    within a reasonable time after such period; and
9        (2) there was no likely source for such property or
10    property interest other than the violation of this Act or
11    Section 3 of the Drug Paraphernalia Control Act.
12    (c) In an action brought by the People of the State of
13Illinois under this Act, wherein any restraining order,
14injunction or prohibition or any other action in connection
15with any property or property interest subject to government
16taking forfeiture under this Act is sought, the circuit court
17which shall preside over the trial of the person or persons
18charged with narcotics racketeering as defined in Section 4 of
19this Act or violating Section 3 of the Drug Paraphernalia
20Control Act shall first determine whether there is probable
21cause to believe that the person or persons so charged has
22committed the offense of narcotics racketeering as defined in
23Section 4 of this Act or a violation of Section 3 of the Drug
24Paraphernalia Control Act and whether the property or property
25interest is subject to government taking forfeiture pursuant to
26this Act.

 

 

SB1528- 207 -LRB101 06797 SLF 51824 b

1    In order to make such a determination, prior to entering
2any such order, the court shall conduct a hearing without a
3jury, wherein the People shall establish that there is: (i)
4probable cause that the person or persons so charged have
5committed the offense of narcotics racketeering or violating
6Section 3 of the Drug Paraphernalia Control Act and (ii)
7probable cause that any property or property interest may be
8subject to government taking forfeiture pursuant to this Act.
9Such hearing may be conducted simultaneously with a preliminary
10hearing, if the prosecution is commenced by information or
11complaint, or by motion of the People, at any stage in the
12proceedings. The court may accept a finding of probable cause
13at a preliminary hearing following the filing of an information
14charging the offense of narcotics racketeering as defined in
15Section 4 of this Act or the return of an indictment by a grand
16jury charging the offense of narcotics racketeering as defined
17in Section 4 of this Act or after a charge is filed for
18violating Section 3 of the Drug Paraphernalia Control Act as
19sufficient evidence of probable cause as provided in item (i)
20above.
21    Upon such a finding, the circuit court shall enter such
22restraining order, injunction or prohibition, or shall take
23such other action in connection with any such property or
24property interest subject to government taking forfeiture
25under this Act, as is necessary to insure that such property is
26not removed from the jurisdiction of the court, concealed,

 

 

SB1528- 208 -LRB101 06797 SLF 51824 b

1destroyed or otherwise disposed of by the owner of that
2property or property interest prior to a government taking
3forfeiture hearing under subsection (b) of this Section. The
4Attorney General or State's Attorney shall file a certified
5copy of such restraining order, injunction or other prohibition
6with the recorder of deeds or registrar of titles of each
7county where any such property of the defendant may be located.
8No such injunction, restraining order or other prohibition
9shall affect the rights of any bona fide purchaser, mortgagee,
10judgment creditor or other lien holder arising prior to the
11date of such filing.
12    The court may, at any time, upon verified petition by the
13defendant, conduct a hearing to release all or portions of any
14such property or interest which the court previously determined
15to be subject to government taking forfeiture or subject to any
16restraining order, injunction, or prohibition or other action.
17The court may release such property to the defendant for good
18cause shown and within the sound discretion of the court.
19    (d) Prosecution under this Act may be commenced by the
20Attorney General or a State's Attorney.
21    (e) Upon an order of government taking forfeiture being
22entered pursuant to subsection (b) of this Section, the court
23shall authorize the Attorney General to take seize any property
24or property interest declared subject to government taking
25forfeited under this Act and under such terms and conditions as
26the court shall deem proper. Any property or property interest

 

 

SB1528- 209 -LRB101 06797 SLF 51824 b

1that has been the subject of an entered restraining order,
2injunction or prohibition or any other action filed under
3subsection (c) shall be subject to government taking forfeited
4unless the claimant can show by a preponderance of the evidence
5that the property or property interest has not been acquired or
6maintained as a result of narcotics racketeering or has not
7been used to facilitate narcotics racketeering.
8    (f) The Attorney General or his designee is authorized to
9sell all property subject to government taking during an arrest
10forfeited and seized pursuant to this Act, unless such property
11is required by law to be destroyed or is harmful to the public,
12and, after the deduction of all requisite expenses of
13administration and sale, shall distribute the proceeds of such
14sale, along with any moneys forfeited or seized, in accordance
15with subsection (g) or (h), whichever is applicable.
16    (g) All monies and the sale proceeds of all other property
17subject to government taking forfeited and seized pursuant to
18this Act shall be distributed as follows:
19        (1) An amount equal to 50% shall be distributed to the
20    unit of local government whose officers or employees
21    conducted the investigation into narcotics racketeering
22    and caused the arrest or arrests and prosecution leading to
23    the government taking forfeiture. Amounts distributed to
24    units of local government shall be used for enforcement of
25    laws governing narcotics activity or for public education
26    in the community or schools in the prevention or detection

 

 

SB1528- 210 -LRB101 06797 SLF 51824 b

1    of the abuse of drugs or alcohol. In the event, however,
2    that the investigation, arrest or arrests and prosecution
3    leading to the government taking forfeiture were
4    undertaken solely by a State agency, the portion provided
5    hereunder shall be paid into the Drug Traffic Prevention
6    Fund in the State treasury to be used for enforcement of
7    laws governing narcotics activity.
8        (2) An amount equal to 12.5% shall be distributed to
9    the county in which the prosecution resulting in the
10    government taking forfeiture was instituted, deposited in
11    a special fund in the county treasury and appropriated to
12    the State's Attorney for use in the enforcement of laws
13    governing narcotics activity or for public education in the
14    community or schools in the prevention or detection of the
15    abuse of drugs or alcohol.
16        An amount equal to 12.5% shall be distributed to the
17    Office of the State's Attorneys Appellate Prosecutor and
18    deposited in the Narcotics Profit Forfeiture Fund, which is
19    hereby created in the State treasury, to be used by the
20    Office of the State's Attorneys Appellate Prosecutor for
21    additional expenses incurred in prosecuting appeals
22    arising under this Act. Any amounts remaining in the Fund
23    after all additional expenses have been paid shall be used
24    by the Office to reduce the participating county
25    contributions to the Office on a pro-rated basis as
26    determined by the board of governors of the Office of the

 

 

SB1528- 211 -LRB101 06797 SLF 51824 b

1    State's Attorneys Appellate Prosecutor based on the
2    populations of the participating counties.
3        (3) An amount equal to 25% shall be paid into the Drug
4    Traffic Prevention Fund in the State treasury to be used by
5    the Department of State Police for funding Metropolitan
6    Enforcement Groups created pursuant to the
7    Intergovernmental Drug Laws Enforcement Act. Any amounts
8    remaining in the Fund after full funding of Metropolitan
9    Enforcement Groups shall be used for enforcement, by the
10    State or any unit of local government, of laws governing
11    narcotics activity or for public education in the community
12    or schools in the prevention or detection of the abuse of
13    drugs or alcohol.
14    (h) Where the investigation or indictment for the offense
15of narcotics racketeering or a violation of Section 3 of the
16Drug Paraphernalia Control Act has occurred under the
17provisions of the Statewide Grand Jury Act, all monies and the
18sale proceeds of all other property shall be distributed as
19follows:
20        (1) 60% shall be distributed to the metropolitan
21    enforcement group, local, municipal, county, or State law
22    enforcement agency or agencies which conducted or
23    participated in the investigation resulting in the
24    government taking forfeiture. The distribution shall bear
25    a reasonable relationship to the degree of direct
26    participation of the law enforcement agency in the effort

 

 

SB1528- 212 -LRB101 06797 SLF 51824 b

1    resulting in the government taking forfeiture, taking into
2    account the total value of the property forfeited and the
3    total law enforcement effort with respect to the violation
4    of the law on which the government taking forfeiture is
5    based. Amounts distributed to the agency or agencies shall
6    be used for the enforcement of laws governing cannabis and
7    controlled substances or for public education in the
8    community or schools in the prevention or detection of the
9    abuse of drugs or alcohol.
10        (2) 25% shall be distributed by the Attorney General as
11    grants to drug education, treatment and prevention
12    programs licensed or approved by the Department of Human
13    Services. In making these grants, the Attorney General
14    shall take into account the plans and service priorities
15    of, and the needs identified by, the Department of Human
16    Services.
17        (3) 15% shall be distributed to the Attorney General
18    and the State's Attorney, if any, participating in the
19    prosecution resulting in the government taking forfeiture.
20    The distribution shall bear a reasonable relationship to
21    the degree of direct participation in the prosecution of
22    the offense, taking into account the total value of the
23    property forfeited and the total amount of time spent in
24    preparing and presenting the case, the complexity of the
25    case and other similar factors. Amounts distributed to the
26    Attorney General under this paragraph shall be retained in

 

 

SB1528- 213 -LRB101 06797 SLF 51824 b

1    a fund held by the State Treasurer as ex-officio custodian
2    to be designated as the Statewide Grand Jury Prosecution
3    Fund and paid out upon the direction of the Attorney
4    General for expenses incurred in criminal prosecutions
5    arising under the Statewide Grand Jury Act. Amounts
6    distributed to a State's Attorney shall be deposited in a
7    special fund in the county treasury and appropriated to the
8    State's Attorney for use in the enforcement of laws
9    governing narcotics activity or for public education in the
10    community or schools in the prevention or detection of the
11    abuse of drugs or alcohol.
12    (i) All monies deposited pursuant to this Act in the Drug
13Traffic Prevention Fund established under Section 5-9-1.2 of
14the Unified Code of Corrections are appropriated, on a
15continuing basis, to the Department of State Police to be used
16for funding Metropolitan Enforcement Groups created pursuant
17to the Intergovernmental Drug Laws Enforcement Act or otherwise
18for the enforcement of laws governing narcotics activity or for
19public education in the community or schools in the prevention
20or detection of the abuse of drugs or alcohol.
21(Source: P.A. 99-686, eff. 7-29-16.)
 
22    (725 ILCS 175/5.2)  (from Ch. 56 1/2, par. 1655.2)
23    Sec. 5.2. (a) Twelve and one-half percent of all amounts
24collected as fines pursuant to the provisions of this Act shall
25be paid into the Youth Drug Abuse Prevention Fund, which is

 

 

SB1528- 214 -LRB101 06797 SLF 51824 b

1hereby created in the State treasury, to be used by the
2Department of Human Services for the funding of programs and
3services for drug-abuse treatment, and prevention and
4education services, for juveniles.
5    (b) Eighty-seven and one-half percent of the proceeds of
6all fines received under the provisions of this Act shall be
7transmitted to and deposited in the treasurer's office at the
8level of government as follows:
9        (1) If the property taken by the government during an
10    arrest such seizure was made by a combination of law
11    enforcement personnel representing differing units of
12    local government, the court levying the fine shall
13    equitably allocate 50% of the fine among these units of
14    local government and shall allocate 37 1/2% to the county
15    general corporate fund. In the event that the government
16    taking seizure was made by law enforcement personnel
17    representing a unit of local government from a municipality
18    where the number of inhabitants exceeds 2 million in
19    population, the court levying the fine shall allocate 87
20    1/2% of the fine to that unit of local government. If the
21    government taking seizure was made by a combination of law
22    enforcement personnel representing differing units of
23    local government, and at least one of those units
24    represents a municipality where the number of inhabitants
25    exceeds 2 million in population, the court shall equitably
26    allocate 87 1/2% of the proceeds of the fines received

 

 

SB1528- 215 -LRB101 06797 SLF 51824 b

1    among the differing units of local government.
2        (2) If the property taken by the government during an
3    arrest such seizure was made by State law enforcement
4    personnel, then the court shall allocate 37 1/2% to the
5    State treasury and 50% to the county general corporate
6    fund.
7        (3) If a State law enforcement agency in combination
8    with a law enforcement agency or agencies of a unit or
9    units of local government conducted the government taking
10    seizure, the court shall equitably allocate 37 1/2% of the
11    fines to or among the law enforcement agency or agencies of
12    the unit or units of local government which conducted the
13    government taking seizure and shall allocate 50% to the
14    county general corporate fund.
15    (c) The proceeds of all fines allocated to the law
16enforcement agency or agencies of the unit or units of local
17government pursuant to subsection (b) shall be made available
18to that law enforcement agency as expendable receipts for use
19in the enforcement of laws regulating controlled substances and
20cannabis. The proceeds of fines awarded to the State treasury
21shall be deposited in a special fund known as the Drug Traffic
22Prevention Fund. Monies from this fund may be used by the
23Department of State Police for use in the enforcement of laws
24regulating controlled substances and cannabis; to satisfy
25funding provisions of the Intergovernmental Drug Laws
26Enforcement Act; to defray costs and expenses associated with

 

 

SB1528- 216 -LRB101 06797 SLF 51824 b

1returning violators of the Cannabis Control Act and the
2Illinois Controlled Substances Act only, as provided in those
3Acts, when punishment of the crime shall be confinement of the
4criminal in the penitentiary; and all other monies shall be
5paid into the general revenue fund in the State treasury.
6(Source: P.A. 89-507, eff. 7-1-97.)
 
7    (725 ILCS 175/6.5)
8    Sec. 6.5. Reporting. Property taken by the government
9during an arrest seized or forfeited under this Act is subject
10to reporting under the Seizure and Forfeiture Reporting Act.
11(Source: P.A. 100-512, eff. 7-1-18.)
 
12    Section 55. The Illinois Streetgang Terrorism Omnibus
13Prevention Act is amended by changing Section 40 as follows:
 
14    (740 ILCS 147/40)
15    Sec. 40. Property taken by the government during an arrest
16Forfeiture.
17    (a) The following are subject to government taking during
18an arrest seizure and forfeiture:
19        (1) any property that is directly or indirectly used or
20    intended for use in any manner to facilitate streetgang
21    related activity; and
22        (2) any property constituting or derived from gross
23    profits or other proceeds obtained from streetgang related

 

 

SB1528- 217 -LRB101 06797 SLF 51824 b

1    activity.
2    (b) Property subject to government taking during an arrest
3forfeiture under this Section may be taken seized under the
4procedures set forth in Section 36-2.1 of the Criminal Code of
52012, except that actual physical taking seizure of real
6property subject to government taking during an arrest
7forfeiture under this Act requires the issuance of a seizure
8warrant. Nothing in this Section prohibits the constructive
9government taking seizure of real property through the filing
10of a complaint for government taking forfeiture in circuit
11court and the recording of a lis pendens against the real
12property without a hearing, warrant application, or judicial
13approval.
14    (c) The State's Attorney may initiate government taking
15forfeiture proceedings under the procedures in Article 36 of
16the Criminal Code of 2012. The State shall bear the burden of
17proving by a preponderance of the evidence that the property
18was acquired through a pattern of streetgang related activity.
19    (d) Property subject to government taking during an arrest
20forfeited under this Section shall be disposed of in accordance
21with Section 36-7 of Article 36 of the Criminal Code of 2012
22for the government taking forfeiture of vehicles, vessels, and
23aircraft.
24    (e) Within 60 days of the date of the government taking
25seizure of contraband under this Section, the State's Attorney
26shall initiate government taking forfeiture proceedings as

 

 

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1provided in Article 36 of the Criminal Code of 2012. An owner
2or person who has a lien on the property may establish as a
3defense to the government taking forfeiture of property that is
4subject to government taking forfeiture under this Section that
5the owner or lienholder had no knowledge that the property was
6acquired through a pattern of streetgang related activity.
7Property that is subject to government taking during an arrest
8forfeited under this Section shall be disposed of as provided
9in Article 36 of the Criminal Code of 2012 for the government
10taking forfeiture of vehicles, vessels, and aircraft. The
11proceeds of the disposition shall be paid to the Gang Violence
12Victims and Witnesses Fund to be used to assist in the
13prosecution of gang crimes.
14    (f) Property taken by the government during an arrest
15seized or forfeited under this Section is subject to reporting
16under the Seizure and Forfeiture Reporting Act.
17    (g) The changes made to this Section by Public Act 100-512
18only apply to property taken by the government during an arrest
19seized on and after July 1, 2018.
20(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
21100-1163, eff. 12-20-18.)
 
22    Section 60. The Illinois Securities Law of 1953 is amended
23by changing Section 11 as follows:
 
24    (815 ILCS 5/11)  (from Ch. 121 1/2, par. 137.11)

 

 

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1    Sec. 11. Duties and powers of the Secretary of State.
2    A. (1) The administration of this Act is vested in the
3Secretary of State, who may from time to time make, amend and
4rescind such rules and regulations as may be necessary to carry
5out this Act, including rules and regulations governing
6procedures of registration, statements, applications and
7reports for various classes of securities, persons and matters
8within his or her jurisdiction and defining any terms, whether
9or not used in this Act, insofar as the definitions are not
10inconsistent with this Act. The rules and regulations adopted
11by the Secretary of State under this Act shall be effective in
12the manner provided for in the Illinois Administrative
13Procedure Act.
14    (2) Among other things, the Secretary of State shall have
15authority, for the purposes of this Act, to prescribe the form
16or forms in which required information shall be set forth,
17accounting practices, the items or details to be shown in
18balance sheets and earning statements, and the methods to be
19followed in the preparation of accounts, in the appraisal or
20valuation of assets and liabilities, in the determination of
21depreciation and depletion, in the differentiation of
22recurring and non-recurring income, in the differentiation of
23investment and operating income, and in the preparation of
24consolidated balance sheets or income accounts of any person,
25directly or indirectly, controlling or controlled by the
26issuer, or any person under direct or indirect common control

 

 

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1with the issuer.
2    (3) No provision of this Act imposing any liability shall
3apply to any act done or omitted in good faith in conformity
4with any rule or regulation of the Secretary of State under
5this Act, notwithstanding that the rule or regulation may,
6after the act or omission, be amended or rescinded or be
7determined by judicial or other authority to be invalid for any
8reason.
9    (4) The Securities Department of the Office of the
10Secretary of State shall be deemed a criminal justice agency
11for purposes of all federal and state laws and regulations and,
12in that capacity, shall be entitled to access to any
13information available to criminal justice agencies and has the
14power to appoint special agents to conduct all investigations,
15searches, government takings seizures, arrests, and other
16duties imposed under the provisions of any law administered by
17the Department. The special agents have and may exercise all
18the powers of peace officers solely for the purpose of
19enforcing provisions of this Act.
20    The Director must authorize to each special agent employed
21under this Section a distinct badge that, on its face, (i)
22clearly states that the badge is authorized by the Department
23and (ii) contains a unique and identifying number.
24    Special agents shall comply with all training requirements
25established for law enforcement officers by provisions of the
26Illinois Police Training Act.

 

 

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1    (5) The Secretary of State, by rule, may conditionally or
2unconditionally exempt any person, security, or transaction,
3or any class or classes of persons, securities, or transactions
4from any provision of Section 5, 6, 7, 8, 8a, or 9 of this Act
5or of any rule promulgated under these Sections, to the extent
6that such exemption is necessary or appropriate in the public
7interest, and is consistent with the protection of investors.
8    B. The Secretary of State may, anything in this Act to the
9contrary notwithstanding, require financial statements and
10reports of the issuer, dealer, Internet portal, salesperson,
11investment adviser, or investment adviser representative as
12often as circumstances may warrant. In addition, the Secretary
13of State may secure information or books and records from or
14through others and may make or cause to be made investigations
15respecting the business, affairs, and property of the issuer of
16securities, any person involved in the sale or offer for sale,
17purchase or offer to purchase of any mineral investment
18contract, mineral deferred delivery contract, or security and
19of dealers, Internet portals, salespersons, investment
20advisers, and investment adviser representatives that are
21registered or are the subject of an application for
22registration under this Act. The costs of an investigation
23shall be borne by the registrant or the applicant, provided
24that the registrant or applicant shall not be obligated to pay
25the costs without his, her or its consent in advance.
26    C. Whenever it shall appear to the Secretary of State,

 

 

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1either upon complaint or otherwise, that this Act, or any rule
2or regulation prescribed under authority thereof, has been or
3is about to be violated, he or she may, in his or her
4discretion, do one or more of the following:
5        (1) require or permit the person to file with the
6    Secretary of State a statement in writing under oath, or
7    otherwise, as to all the facts and circumstances concerning
8    the subject matter which the Secretary of State believes to
9    be in the public interest to investigate, audit, examine,
10    or inspect;
11        (2) conduct an investigation, audit, examination, or
12    inspection as necessary or advisable for the protection of
13    the interests of the public; and
14        (3) appoint investigators to conduct all
15    investigations, searches, government takings seizures,
16    arrests, and other duties imposed under the provisions of
17    any law administered by the Department. The Director must
18    authorize to each investigator employed under this Section
19    a distinct badge that, on its face, (i) clearly states that
20    the badge is authorized by the Department and (ii) contains
21    a unique and identifying number.
22    D. (1) For the purpose of all investigations, audits,
23examinations, or inspections which in the opinion of the
24Secretary of State are necessary and proper for the enforcement
25of this Act, the Secretary of State or a person designated by
26him or her is empowered to administer oaths and affirmations,

 

 

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1subpoena witnesses, take evidence, and require, by subpoena or
2other lawful means provided by this Act or the rules adopted by
3the Secretary of State, the production of any books and
4records, papers, or other documents which the Secretary of
5State or a person designated by him or her deems relevant or
6material to the inquiry.
7    (2) The Secretary of State or a person designated by him or
8her is further empowered to administer oaths and affirmations,
9subpoena witnesses, take evidence, and require the production
10of any books and records, papers, or other documents in this
11State at the request of a securities agency of another state,
12if the activities constituting the alleged violation for which
13the information is sought would be in violation of Section 12
14of this Act if the activities had occurred in this State.
15    (3) The Circuit Court of any County of this State, upon
16application of the Secretary of State or a person designated by
17him or her may order the attendance of witnesses, the
18production of books and records, papers, accounts and documents
19and the giving of testimony before the Secretary of State or a
20person designated by him or her; and any failure to obey the
21order may be punished by the Circuit Court as a contempt
22thereof.
23    (4) The fees of subpoenaed witnesses under this Act for
24attendance and travel shall be the same as fees of witnesses
25before the Circuit Courts of this State, to be paid when the
26witness is excused from further attendance, provided, the

 

 

SB1528- 224 -LRB101 06797 SLF 51824 b

1witness is subpoenaed at the instance of the Secretary of
2State; and payment of the fees shall be made and audited in the
3same manner as other expenses of the Secretary of State.
4    (5) Whenever a subpoena is issued at the request of a
5complainant or respondent as the case may be, the Secretary of
6State may require that the cost of service and the fee of the
7witness shall be borne by the party at whose instance the
8witness is summoned.
9    (6) The Secretary of State shall have power at his or her
10discretion, to require a deposit to cover the cost of the
11service and witness fees and the payment of the legal witness
12fee and mileage to the witness served with subpoena.
13    (7) A subpoena issued under this Act shall be served in the
14same manner as a subpoena issued out of a circuit court.
15    (8) The Secretary of State may in any investigation,
16audits, examinations, or inspections cause the taking of
17depositions of persons residing within or without this State in
18the manner provided in civil actions under the laws of this
19State.
20    E. Anything in this Act to the contrary notwithstanding:
21        (1) If the Secretary of State shall find that the offer
22    or sale or proposed offer or sale or method of offer or
23    sale of any securities by any person, whether exempt or
24    not, in this State, is fraudulent, or would work or tend to
25    work a fraud or deceit, or is being offered or sold in
26    violation of Section 12, or there has been a failure or

 

 

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1    refusal to submit any notification filing or fee required
2    under this Act, the Secretary of State may by written order
3    prohibit or suspend the offer or sale of securities by that
4    person or deny or revoke the registration of the securities
5    or the exemption from registration for the securities.
6        (2) If the Secretary of State shall find that any
7    person has violated subsection C, D, E, F, G, H, I, J, or K
8    of Section 12 of this Act, the Secretary of State may by
9    written order temporarily or permanently prohibit or
10    suspend the person from offering or selling any securities,
11    any mineral investment contract, or any mineral deferred
12    delivery contract in this State, provided that any person
13    who is the subject of an order of permanent prohibition may
14    petition the Secretary of State for a hearing to present
15    evidence of rehabilitation or change in circumstances
16    justifying the amendment or termination of the order of
17    permanent prohibition.
18        (3) If the Secretary of State shall find that any
19    person is engaging or has engaged in the business of
20    selling or offering for sale securities as a dealer,
21    Internet portal, or salesperson or is acting or has acted
22    as an investment adviser, investment adviser
23    representative, or federal covered investment adviser,
24    without prior thereto and at the time thereof having
25    complied with the registration or notice filing
26    requirements of this Act, the Secretary of State may by

 

 

SB1528- 226 -LRB101 06797 SLF 51824 b

1    written order prohibit or suspend the person from engaging
2    in the business of selling or offering for sale securities,
3    or acting as an investment adviser, investment adviser
4    representative, or federal covered investment adviser, in
5    this State.
6        (4) In addition to any other sanction or remedy
7    contained in this subsection E, the Secretary of State,
8    after finding that any provision of this Act has been
9    violated, may impose a fine as provided by rule, regulation
10    or order not to exceed $10,000 for each violation of this
11    Act, may issue an order of public censure against the
12    violator, and may charge as costs of investigation all
13    reasonable expenses, including attorney's fees and witness
14    fees.
15    F. (1) The Secretary of State shall not deny, suspend or
16revoke the registration of securities, suspend or revoke the
17registration of a dealer, Internet portal, salesperson,
18investment adviser, or investment adviser representative,
19prohibit or suspend the offer or sale of any securities,
20prohibit or suspend any person from offering or selling any
21securities in this State, prohibit or suspend a dealer or
22salesperson from engaging in the business of selling or
23offering for sale securities, prohibit or suspend a person from
24acting as an investment adviser or federal covered investment
25adviser, or investment adviser representative, impose any fine
26for violation of this Act, issue an order of public censure, or

 

 

SB1528- 227 -LRB101 06797 SLF 51824 b

1enter into an agreed settlement except after an opportunity for
2hearing upon not less than 10 days notice given by personal
3service or registered mail or certified mail, return receipt
4requested, to the person or persons concerned. Such notice
5shall state the date and time and place of the hearing and
6shall contain a brief statement of the proposed action of the
7Secretary of State and the grounds for the proposed action. A
8failure to appear at the hearing or otherwise respond to the
9allegations set forth in the notice of hearing shall constitute
10an admission of any facts alleged therein and shall constitute
11sufficient basis to enter an order.
12    (2) Anything herein contained to the contrary
13notwithstanding, the Secretary of State may temporarily
14prohibit or suspend, for a maximum period of 90 days, by an
15order effective immediately, the offer or sale or registration
16of securities, the registration of a dealer, Internet portal,
17salesperson, investment adviser, or investment adviser
18representative, or the offer or sale of securities by any
19person, or the business of rendering investment advice, without
20the notice and prior hearing in this subsection prescribed, if
21the Secretary of State shall in his or her opinion, based on
22credible evidence, deem it necessary to prevent an imminent
23violation of this Act or to prevent losses to investors which
24the Secretary of State reasonably believes will occur as a
25result of a prior violation of this Act. Immediately after
26taking action without such notice and hearing, the Secretary of

 

 

SB1528- 228 -LRB101 06797 SLF 51824 b

1State shall deliver a copy of the temporary order to the
2respondent named therein by personal service or registered mail
3or certified mail, return receipt requested. The temporary
4order shall set forth the grounds for the action and shall
5advise that the respondent may request a hearing, that the
6request for a hearing will not stop the effectiveness of the
7temporary order and that respondent's failure to request a
8hearing within 30 days after the date of the entry of the
9temporary order shall constitute an admission of any facts
10alleged therein and shall constitute sufficient basis to make
11the temporary order final. Any provision of this paragraph (2)
12to the contrary notwithstanding, the Secretary of State may not
13pursuant to the provisions of this paragraph (2) suspend the
14registration of a dealer, limited Canadian dealer,
15salesperson, investment adviser, or investment adviser
16representative based upon sub-paragraph (n) of paragraph (l) of
17subsection E of Section 8 of this Act or revoke the
18registration of securities or revoke the registration of any
19dealer, salesperson, investment adviser representative, or
20investment adviser.
21    (3) The Secretary of State may issue a temporary order
22suspending or delaying the effectiveness of any registration of
23securities under subsection A or B of Section 5, 6 or 7 of this
24Act subsequent to and upon the basis of the issuance of any
25stop, suspension or similar order by the Securities and
26Exchange Commission with respect to the securities which are

 

 

SB1528- 229 -LRB101 06797 SLF 51824 b

1the subject of the registration under subsection A or B of
2Section 5, 6 or 7 of this Act, and the order shall become
3effective as of the date and time of effectiveness of the
4Securities and Exchange Commission order and shall be vacated
5automatically at such time as the order of the Securities and
6Exchange Commission is no longer in effect.
7    (4) When the Secretary of State finds that an application
8for registration as a dealer, Internet portal, salesperson,
9investment adviser, or investment adviser representative
10should be denied, the Secretary of State may enter an order
11denying the registration. Immediately after taking such
12action, the Secretary of State shall deliver a copy of the
13order to the respondent named therein by personal service or
14registered mail or certified mail, return receipt requested.
15The order shall state the grounds for the action and that the
16matter will be set for hearing upon written request filed with
17the Secretary of State within 30 days after the receipt of the
18request by the respondent. The respondent's failure to request
19a hearing within 30 days after receipt of the order shall
20constitute an admission of any facts alleged therein and shall
21make the order final. If a hearing is held, the Secretary of
22State shall affirm, vacate, or modify the order.
23    (5) The findings and decision of the Secretary of State
24upon the conclusion of each final hearing held pursuant to this
25subsection shall be set forth in a written order signed on
26behalf of the Secretary of State by his or her designee and

 

 

SB1528- 230 -LRB101 06797 SLF 51824 b

1shall be filed as a public record. All hearings shall be held
2before a person designated by the Secretary of State, and
3appropriate records thereof shall be kept.
4    (6) Notwithstanding the foregoing, the Secretary of State,
5after notice and opportunity for hearing, may at his or her
6discretion enter into an agreed settlement, stipulation or
7consent order with a respondent in accordance with the
8provisions of the Illinois Administrative Procedure Act. The
9provisions of the agreed settlement, stipulation or consent
10order shall have the full force and effect of an order issued
11by the Secretary of State.
12    (7) Anything in this Act to the contrary notwithstanding,
13whenever the Secretary of State finds that a person is
14currently expelled from, refused membership in or association
15with, or limited in any material capacity by a self-regulatory
16organization registered under the Federal 1934 Act or the
17Federal 1974 Act because of a fraudulent or deceptive act or a
18practice in violation of a rule, regulation, or standard duly
19promulgated by the self-regulatory organization, the Secretary
20of State may, at his or her discretion, enter a Summary Order
21of Prohibition, which shall prohibit the offer or sale of any
22securities, mineral investment contract, or mineral deferred
23delivery contract by the person in this State. The order shall
24take effect immediately upon its entry. Immediately after
25taking the action the Secretary of State shall deliver a copy
26of the order to the named Respondent by personal service or

 

 

SB1528- 231 -LRB101 06797 SLF 51824 b

1registered mail or certified mail, return receipt requested. A
2person who is the subject of an Order of Prohibition may
3petition the Secretary of State for a hearing to present
4evidence of rehabilitation or change in circumstances
5justifying the amendment or termination of the Order of
6Prohibition.
7    G. No administrative action shall be brought by the
8Secretary of State for relief under this Act or upon or because
9of any of the matters for which relief is granted by this Act
10after the earlier to occur of (i) 3 years from the date upon
11which the Secretary of State had notice of facts which in the
12exercise of reasonable diligence would lead to actual knowledge
13of the alleged violation of the Act, or (ii) 5 years from the
14date on which the alleged violation occurred.
15    H. The action of the Secretary of State in denying,
16suspending, or revoking the registration of a dealer, Internet
17portal, limited Canadian dealer, salesperson, investment
18adviser, or investment adviser representative, in prohibiting
19any person from engaging in the business of offering or selling
20securities as a dealer, limited Canadian dealer, or
21salesperson, in prohibiting or suspending the offer or sale of
22securities by any person, in prohibiting a person from acting
23as an investment adviser, federal covered investment adviser,
24or investment adviser representative, in denying, suspending,
25or revoking the registration of securities, in prohibiting or
26suspending the offer or sale or proposed offer or sale of

 

 

SB1528- 232 -LRB101 06797 SLF 51824 b

1securities, in imposing any fine for violation of this Act, or
2in issuing any order shall be subject to judicial review in the
3Circuit Courts of Cook or Sangamon Counties in this State. The
4Administrative Review Law shall apply to and govern every
5action for the judicial review of final actions or decisions of
6the Secretary of State under this Act.
7    I. Notwithstanding any other provisions of this Act to the
8contrary, whenever it shall appear to the Secretary of State
9that any person is engaged or about to engage in any acts or
10practices which constitute or will constitute a violation of
11this Act or of any rule or regulation prescribed under
12authority of this Act, the Secretary of State may at his or her
13discretion, through the Attorney General take any of the
14following actions:
15        (1) File a complaint and apply for a temporary
16    restraining order without notice, and upon a proper showing
17    the court may enter a temporary restraining order without
18    bond, to enforce this Act.
19        (2) File a complaint and apply for a preliminary or
20    permanent injunction, and, after notice and a hearing and
21    upon a proper showing, the court may grant a preliminary or
22    permanent injunction and may order the defendant to make an
23    offer of rescission with respect to any sales or purchases
24    of securities, mineral investment contracts, or mineral
25    deferred delivery contracts determined by the court to be
26    unlawful under this Act.

 

 

SB1528- 233 -LRB101 06797 SLF 51824 b

1        (3) Seek the government taking seizure of assets when
2    probable cause exists that the assets were obtained by a
3    defendant through conduct in violation of Section 12,
4    paragraph F, G, I, J, K, or L of this Act, and thereby
5    subject to a government taking judicial forfeiture hearing
6    as required under this Act.
7            (a) In the event that such probable cause exists
8        that the subject of an investigation who is alleged to
9        have committed one of the relevant violations of this
10        Act has in his or her possession assets obtained as a
11        result of the conduct giving rise to the violation, the
12        Secretary of State may seek a seizure warrant in any
13        circuit court in Illinois.
14            (b) In seeking a seizure warrant, the Secretary of
15        State, or his or her designee, shall submit to the
16        court a sworn affidavit detailing the probable cause
17        evidence for the government taking seizure, the
18        location of the assets to be taken seized, the relevant
19        violation under Section 12 of this Act, and a statement
20        detailing any known owners or interest holders in the
21        assets.
22            (c) Government taking Seizure of the assets shall
23        be made by any peace officer upon process of the
24        seizure warrant issued by the court. Following the
25        government taking seizure of assets during an arrest
26        under this Act and pursuant to a seizure warrant,

 

 

SB1528- 234 -LRB101 06797 SLF 51824 b

1        notice of government taking seizure, including a
2        description of the seized assets taken during an
3        arrest, shall immediately be returned to the issuing
4        court. The Seized assets shall be maintained pending a
5        government taking judicial forfeiture hearing in
6        accordance with the instructions of the court.
7            (d) In the event that management of seized assets
8        that have been taken during an arrest becomes necessary
9        to prevent the devaluation, dissipation, or otherwise
10        to preserve the property, the court shall have
11        jurisdiction to appoint a receiver, conservator,
12        ancillary receiver, or ancillary conservator for that
13        purpose, as provided in item (2) of this subsection.
14        (4) Seek the government taking forfeiture of assets
15    obtained through conduct in violation of Section 12,
16    paragraph F, G, H, I, J, K, or L when authorized by law. A
17    government taking forfeiture must be ordered by a circuit
18    court or an action brought by the Secretary of State as
19    provided for in this Act, under a verified complaint for
20    government taking forfeiture.
21            (a) In the event assets have been taken seized
22        pursuant to this Act, government taking forfeiture
23        proceedings shall be instituted by the Attorney
24        General within 45 days of government taking seizure.
25            (b) Service of the complaint filed under the
26        provisions of this Act shall be made in the manner as

 

 

SB1528- 235 -LRB101 06797 SLF 51824 b

1        provided in civil actions in this State.
2            (c) Only an owner of or interest holder in the
3        property may file an answer asserting a claim against
4        the property. For purposes of this Section, the owner
5        or interest holder shall be referred to as claimant.
6            (d) The answer must be signed by the owner or
7        interest holder under penalty of perjury and must set
8        forth:
9                (i) the caption of the proceedings as set forth
10            on the notice of pending forfeiture and the name of
11            the claimant;
12                (ii) the address at which the claimant will
13            accept mail;
14                (iii) the nature and extent of the claimant's
15            interest in the property;
16                (iv) the date, identity of the transferor, and
17            circumstances of the claimant's acquisition of the
18            interest in the property;
19                (v) the names and addresses of all other
20            persons known to have an interest in the property;
21                (vi) the specific provisions of this Act
22            relied on in asserting that the property is not
23            subject to government taking forfeiture;
24                (vii) all essential facts supporting each
25            assertion; and
26                (viii) the precise relief sought.

 

 

SB1528- 236 -LRB101 06797 SLF 51824 b

1            (e) The answer must be filed with the court within
2        45 days after service of the complaint.
3            (f) A property interest is exempt from government
4        taking forfeiture under this Act if its owner or
5        interest holder establishes by a preponderance of
6        evidence that the owner or interest holder:
7                (i) is not legally accountable for the conduct
8            giving rise to the forfeiture, did not acquiesce in
9            it, and did not know and could not reasonably have
10            known of the conduct or that the conduct was likely
11            to occur;
12                (ii) with respect to conveyances, did not hold
13            the property jointly or in common with a person
14            whose conduct gave rise to the forfeiture;
15                (iii) does not hold the property for the
16            benefit of or as a nominee for any person whose
17            conduct gave rise to its government taking
18            forfeiture and the owner or interest holder
19            acquires it as a bona fide purchaser for value
20            without knowingly taking part in the conduct
21            giving rise to the government taking forfeiture;
22            or
23                (iv) acquired the interest after the
24            commencement of the conduct giving rise to its
25            government taking forfeiture and the owner or
26            interest holder acquired the interest as a

 

 

SB1528- 237 -LRB101 06797 SLF 51824 b

1            mortgagee, secured creditor, lienholder, or bona
2            fide purchaser for value without knowledge of the
3            conduct that gave rise to the government taking
4            forfeiture.
5            (g) The hearing must be held within 60 days after
6        the answer is filed unless continued for good cause.
7            (h) During the probable cause portion of the
8        judicial in rem proceeding wherein the Secretary of
9        State presents its case-in-chief, the court must
10        receive and consider, among other things, any relevant
11        hearsay evidence and information. The laws of evidence
12        relating to civil actions shall apply to all other
13        portions of the judicial in rem proceeding.
14            (i) The Secretary of State shall show the existence
15        of probable cause for government taking forfeiture of
16        the property. If the Secretary of State shows probable
17        cause, the claimant has the burden of showing by a
18        preponderance of the evidence that the claimant's
19        interest in the property is not subject to government
20        taking forfeiture.
21            (j) If the Secretary of State does not show the
22        existence of probable cause or a claimant has an
23        interest that is exempt under subdivision I (4)(d) of
24        this Section, the court shall order the interest in the
25        property returned or conveyed to the claimant and shall
26        order all other property subject to government taking

 

 

SB1528- 238 -LRB101 06797 SLF 51824 b

1        forfeited to the Secretary of State pursuant to all
2        provisions of this Act. If the Secretary of State does
3        show the existence of probable cause and the claimant
4        does not establish by a preponderance of the evidence
5        that the claimant has an interest that is exempt under
6        subsection D herein, the court shall order all the
7        property subject to government taking forfeited to the
8        Secretary of State pursuant to the provisions of the
9        Section.
10            (k) A defendant convicted in any criminal
11        proceeding is precluded from later denying the
12        essential allegations of the criminal offense of which
13        the defendant was convicted in any proceeding for
14        violations of the Act giving rise to government taking
15        forfeiture of property herein regardless of the
16        pendency of an appeal from that conviction. However,
17        evidence of the pendency of an appeal is admissible.
18            (l) An acquittal or dismissal in a criminal
19        proceeding for violations of the Act giving rise to the
20        government taking forfeiture of property herein shall
21        not preclude civil proceedings under this provision;
22        however, for good cause shown, on a motion by the
23        Secretary of State, the court may stay civil government
24        taking forfeiture proceedings during the criminal
25        trial for a related criminal indictment or information
26        alleging violation of the provisions of Section 12 of

 

 

SB1528- 239 -LRB101 06797 SLF 51824 b

1        the Illinois Securities Law of 1953. Property subject
2        to government taking during an arrest forfeiture under
3        this Section shall not be subject to return or release
4        by a court exercising jurisdiction over a criminal case
5        involving the government taking seizure of the
6        property unless the return or release is consented to
7        by the Secretary of State.
8            (m) All property declared subject to government
9        taking during an arrest forfeited under this Act vests
10        in the State on the commission of the conduct giving
11        rise to government taking forfeiture together with the
12        proceeds of the property after that time. Any such
13        property or proceeds subsequently transferred to any
14        person remain subject to government taking forfeiture
15        and thereafter shall be ordered subject to government
16        taking forfeited unless the transferee claims and
17        establishes in a hearing under the provisions of this
18        Act that the transferee's interest is exempt under the
19        Act. Any assets subject to government taking forfeited
20        to the State shall be disposed of in following manner:
21                (i) all forfeited property and assets shall be
22            liquidated by the Secretary of State in accordance
23            with all laws and rules governing the disposition
24            of such property;
25                (ii) the Secretary of State shall provide the
26            court at the time the property and assets are

 

 

SB1528- 240 -LRB101 06797 SLF 51824 b

1            declared subject to government taking during an
2            arrest forfeited a verified statement of investors
3            subject to the conduct giving rise to the
4            government taking forfeiture;
5                (iii) after payment of any costs of sale,
6            receivership, storage, or expenses for
7            preservation of the property seized, other costs
8            to the State, and payment to claimants for any
9            amount deemed exempt from government taking during
10            an arrest forfeiture, the proceeds from
11            liquidation shall be distributed pro rata to
12            investors subject to the conduct giving rise to the
13            government taking forfeiture; and
14                (iv) any proceeds remaining after all verified
15            investors have been made whole shall be
16            distributed 25% to the Securities Investors
17            Education Fund, 25% to the Securities Audit and
18            Enforcement Fund, 25% to the Attorney General or
19            any State's Attorney bringing criminal charges for
20            the conduct giving rise to the government taking
21            forfeiture, and 25% to other law enforcement
22            agencies participating in the investigation of the
23            criminal charges for the conduct giving rise to the
24            government taking forfeiture. In the event that no
25            other law enforcement agencies are involved in the
26            investigation of the conduct giving rise to the

 

 

SB1528- 241 -LRB101 06797 SLF 51824 b

1            government taking forfeiture, then the portion to
2            other law enforcement agencies shall be
3            distributed to the Securities Investors Education
4            Fund.
5            (n) The Secretary of State shall notify by
6        certified mail, return receipt requested, all known
7        investors in the matter giving rise to the government
8        taking during an arrest forfeiture of the government
9        taking forfeiture proceeding and sale of assets
10        forfeited arising from the violations of this Act, and
11        shall further publish notice in a paper of general
12        circulation in the district in which the violations
13        were prosecuted. The notice to investors shall
14        identify the name, address, and other identifying
15        information about any defendant prosecuted for
16        violations of this Act that resulted in government
17        taking forfeiture and sale of property, the offense for
18        which the defendant was convicted, and that the court
19        has ordered government taking forfeiture and sale of
20        property for claims of investors who incurred losses or
21        damages as a result of the violations. Investors may
22        then file a claim in a form prescribed by the Secretary
23        of State in order to share in disbursement of the
24        proceeds from sale of the forfeited property. Investor
25        claims must be filed with the Secretary of State within
26        30 days after receipt of the certified mail return

 

 

SB1528- 242 -LRB101 06797 SLF 51824 b

1        receipt, or within 30 days after the last date of
2        publication of the general notice in a paper of general
3        circulation in the district in which the violations
4        were prosecuted, whichever occurs last.
5            (o) A civil action under this subsection must be
6        commenced within 5 years after the last conduct giving
7        rise to the government taking forfeiture became known
8        or should have become known or 5 years after the
9        forfeitable property is discovered, whichever is
10        later, excluding time during which either the property
11        or claimant is out of this State or in confinement or
12        during which criminal proceedings relating to the same
13        conduct are in progress.
14            (p) If property is taken seized for evidence and
15        for government taking forfeiture, the time periods for
16        instituting judicial government taking forfeiture
17        proceedings shall not begin until the property is no
18        longer necessary for evidence.
19            (q) Notwithstanding other provisions of this Act,
20        the Secretary of State and a claimant of forfeitable
21        property may enter into an agreed-upon settlement
22        concerning the forfeitable property in such an amount
23        and upon such terms as are set out in writing in a
24        settlement agreement.
25            (r) Nothing in this Act shall apply to property
26        that constitutes reasonable bona fide attorney's fees

 

 

SB1528- 243 -LRB101 06797 SLF 51824 b

1        paid to an attorney for services rendered or to be
2        rendered in the government taking forfeiture
3        proceeding or criminal proceeding relating directly
4        thereto when the property was paid before its seizure
5        and before the issuance of any seizure warrant or court
6        order prohibiting transfer of the property and when the
7        attorney, at the time he or she received the property,
8        did not know that it was property subject to government
9        taking forfeiture under this Act.
10    The court shall further have jurisdiction and authority, in
11addition to the penalties and other remedies in this Act
12provided, to enter an order for the appointment of the court or
13a person as a receiver, conservator, ancillary receiver or
14ancillary conservator for the defendant or the defendant's
15assets located in this State, or to require restitution,
16damages or disgorgement of profits on behalf of the person or
17persons injured by the act or practice constituting the subject
18matter of the action, and may assess costs against the
19defendant for the use of the State; provided, however, that the
20civil remedies of rescission and appointment of a receiver,
21conservator, ancillary receiver or ancillary conservator shall
22not be available against any person by reason of the failure to
23file with the Secretary of State, or on account of the contents
24of, any report of sale provided for in subsection G or P of
25Section 4, paragraph (2) of subsection D of Sections 5 and 6,
26or paragraph (2) of subsection F of Section 7 of this Act.

 

 

SB1528- 244 -LRB101 06797 SLF 51824 b

1Appeals may be taken as in other civil cases.
2    I-5. Property taken by the government during an arrest
3forfeited under this Section is subject to reporting under the
4Seizure and Forfeiture Reporting Act.
5    J. In no case shall the Secretary of State, or any of his
6or her employees or agents, in the administration of this Act,
7incur any official or personal liability by instituting an
8injunction or other proceeding or by denying, suspending or
9revoking the registration of a dealer or salesperson, or by
10denying, suspending or revoking the registration of securities
11or prohibiting the offer or sale of securities, or by
12suspending or prohibiting any person from acting as a dealer,
13limited Canadian dealer, salesperson, investment adviser, or
14investment adviser representative or from offering or selling
15securities.
16    K. No provision of this Act shall be construed to require
17or to authorize the Secretary of State to require any
18investment adviser or federal covered investment adviser
19engaged in rendering investment supervisory services to
20disclose the identity, investments, or affairs of any client of
21the investment adviser or federal covered investment adviser,
22except insofar as the disclosure may be necessary or
23appropriate in a particular proceeding or investigation having
24as its object the enforcement of this Act.
25    L. Whenever, after an examination, investigation or
26hearing, the Secretary of State deems it of public interest or

 

 

SB1528- 245 -LRB101 06797 SLF 51824 b

1advantage, he or she may certify a record to the State's
2Attorney of the county in which the act complained of, examined
3or investigated occurred. The State's Attorney of that county
4within 90 days after receipt of the record shall file a written
5statement at the Office of the Secretary of State, which
6statement shall set forth the action taken upon the record, or
7if no action has been taken upon the record that fact, together
8with the reasons therefor, shall be stated.
9    M. The Secretary of State may initiate, take, pursue, or
10prosecute any action authorized or permitted under Section 6d
11of the Federal 1974 Act.
12    N. (1) Notwithstanding any provision of this Act to the
13contrary, to encourage uniform interpretation, administration,
14and enforcement of the provisions of this Act, the Secretary of
15State may cooperate with the securities agencies or
16administrators of one or more states, Canadian provinces or
17territories, or another country, the Securities and Exchange
18Commission, the Commodity Futures Trading Commission, the
19Securities Investor Protection Corporation, any
20self-regulatory organization, and any governmental law
21enforcement or regulatory agency.
22    (2) The cooperation authorized by paragraph (1) of this
23subsection includes, but is not limited to, the following:
24        (a) establishing or participating in a central
25    depository or depositories for registration under this Act
26    and for documents or records required under this Act;

 

 

SB1528- 246 -LRB101 06797 SLF 51824 b

1        (b) making a joint audit, inspection, examination, or
2    investigation;
3        (c) holding a joint administrative hearing;
4        (d) filing and prosecuting a joint civil or criminal
5    proceeding;
6        (e) sharing and exchanging personnel;
7        (f) sharing and exchanging information and documents;
8    or
9        (g) issuing any joint statement or policy.
10(Source: P.A. 99-182, eff. 1-1-16; 100-512, eff. 7-1-18;
11100-699, eff. 8-3-18.)

 

 

SB1528- 247 -LRB101 06797 SLF 51824 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 70/1.39-5 new
4    5 ILCS 810/5
5    5 ILCS 810/10
6    5 ILCS 810/20
7    410 ILCS 620/3.23
8    415 ILCS 5/44.1
9    515 ILCS 5/1-215from Ch. 56, par. 1-215
10    520 ILCS 5/1.25from Ch. 61, par. 1.25
11    720 ILCS 5/28-5from Ch. 38, par. 28-5
12    720 ILCS 5/29B-4
13    720 ILCS 5/29B-5
14    720 ILCS 5/29B-6
15    720 ILCS 5/29B-7
16    720 ILCS 5/29B-8
17    720 ILCS 5/29B-9
18    720 ILCS 5/29B-10
19    720 ILCS 5/29B-11
20    720 ILCS 5/29B-12
21    720 ILCS 5/29B-13
22    720 ILCS 5/29B-14
23    720 ILCS 5/29B-15
24    720 ILCS 5/29B-16
25    720 ILCS 5/29B-17

 

 

SB1528- 248 -LRB101 06797 SLF 51824 b

1    720 ILCS 5/29B-18
2    720 ILCS 5/29B-19
3    720 ILCS 5/29B-20
4    720 ILCS 5/29B-21
5    720 ILCS 5/29B-22
6    720 ILCS 5/29B-23
7    720 ILCS 5/29B-25
8    720 ILCS 5/29B-26
9    720 ILCS 5/29B-27
10    720 ILCS 5/33G-6
11    720 ILCS 5/36-1from Ch. 38, par. 36-1
12    720 ILCS 5/36-1.1
13    720 ILCS 5/36-1.2
14    720 ILCS 5/36-1.3
15    720 ILCS 5/36-1.4
16    720 ILCS 5/36-1.5
17    720 ILCS 5/36-2from Ch. 38, par. 36-2
18    720 ILCS 5/36-2.1
19    720 ILCS 5/36-2.2
20    720 ILCS 5/36-2.5
21    720 ILCS 5/36-2.7
22    720 ILCS 5/36-3from Ch. 38, par. 36-3
23    720 ILCS 5/36-3.1
24    720 ILCS 5/36-4from Ch. 38, par. 36-4
25    720 ILCS 5/36-6
26    720 ILCS 5/36-7

 

 

SB1528- 249 -LRB101 06797 SLF 51824 b

1    720 ILCS 5/36.5-5
2    720 ILCS 5/47-15
3    725 ILCS 5/124B-5
4    725 ILCS 5/124B-7 new
5    725 ILCS 5/124B-10
6    725 ILCS 5/124B-100
7    725 ILCS 5/124B-110
8    725 ILCS 5/124B-125
9    725 ILCS 5/124B-130
10    725 ILCS 5/124B-140
11    725 ILCS 5/124B-145
12    725 ILCS 5/124B-150
13    725 ILCS 5/124B-155
14    725 ILCS 5/124B-160
15    725 ILCS 5/124B-165
16    725 ILCS 5/124B-170
17    725 ILCS 5/124B-175
18    725 ILCS 5/124B-180
19    725 ILCS 5/124B-190
20    725 ILCS 5/124B-195
21    725 ILCS 5/124B-300
22    725 ILCS 5/124B-305
23    725 ILCS 5/124B-400
24    725 ILCS 5/124B-405
25    725 ILCS 5/124B-415
26    725 ILCS 5/124B-420

 

 

SB1528- 250 -LRB101 06797 SLF 51824 b

1    725 ILCS 5/124B-500
2    725 ILCS 5/124B-505
3    725 ILCS 5/124B-600
4    725 ILCS 5/124B-605
5    725 ILCS 5/124B-610
6    725 ILCS 5/124B-700
7    725 ILCS 5/124B-705
8    725 ILCS 5/124B-710
9    725 ILCS 5/124B-715
10    725 ILCS 5/124B-800
11    725 ILCS 5/124B-805
12    725 ILCS 5/124B-810
13    725 ILCS 5/124B-820
14    725 ILCS 5/124B-825
15    725 ILCS 5/124B-900
16    725 ILCS 5/124B-905
17    725 ILCS 5/124B-910
18    725 ILCS 5/124B-915
19    725 ILCS 5/124B-925
20    725 ILCS 5/124B-930
21    725 ILCS 5/124B-935
22    725 ILCS 5/124B-1000
23    725 ILCS 5/124B-1010
24    725 ILCS 5/124B-1020
25    725 ILCS 150/2from Ch. 56 1/2, par. 1672
26    725 ILCS 150/3from Ch. 56 1/2, par. 1673

 

 

SB1528- 251 -LRB101 06797 SLF 51824 b

1    725 ILCS 150/3.1
2    725 ILCS 150/3.2
3    725 ILCS 150/3.3
4    725 ILCS 150/3.5
5    725 ILCS 150/4from Ch. 56 1/2, par. 1674
6    725 ILCS 150/5from Ch. 56 1/2, par. 1675
7    725 ILCS 150/5.1
8    725 ILCS 150/6from Ch. 56 1/2, par. 1676
9    725 ILCS 150/7from Ch. 56 1/2, par. 1677
10    725 ILCS 150/8from Ch. 56 1/2, par. 1678
11    725 ILCS 150/9from Ch. 56 1/2, par. 1679
12    725 ILCS 150/9.1
13    725 ILCS 150/9.5
14    725 ILCS 150/10from Ch. 56 1/2, par. 1680
15    725 ILCS 150/11from Ch. 56 1/2, par. 1681
16    725 ILCS 150/12from Ch. 56 1/2, par. 1682
17    725 ILCS 150/13from Ch. 56 1/2, par. 1683
18    725 ILCS 150/13.1 was 725 ILCS 150/15
19    725 ILCS 150/13.2was 725 ILCS 150/17
20    725 ILCS 150/13.3was 725 ILCS 150/20
21    725 ILCS 150/13.4
22    725 ILCS 150/14from Ch. 56 1/2, par. 1684
23    725 ILCS 175/2from Ch. 56 1/2, par. 1652
24    725 ILCS 175/5from Ch. 56 1/2, par. 1655
25    725 ILCS 175/5.2from Ch. 56 1/2, par. 1655.2
26    725 ILCS 175/6.5

 

 

SB1528- 252 -LRB101 06797 SLF 51824 b

1    740 ILCS 147/40
2    815 ILCS 5/11from Ch. 121 1/2, par. 137.11