102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1144

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 150/2  from Ch. 56 1/2, par. 1672

    Amends the Drug Asset Forfeiture Procedure Act. Makes a technical change in a Section concerning a legislative declaration.


LRB102 03159 RLC 13172 b

 

 

A BILL FOR

 

HB1144LRB102 03159 RLC 13172 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 Drug Asset Forfeiture Procedure Act is
5amended by changing Section 2 as follows:
 
6    (725 ILCS 150/2)  (from Ch. 56 1/2, par. 1672)
7    Sec. 2. Legislative Declaration. The The General Assembly
8finds that the civil forfeiture of property which is used or
9intended to be used in, is attributable to or facilitates the
10manufacture, sale, transportation, distribution, possession or
11use of substances in certain violations of the Illinois
12Controlled Substances Act, the Cannabis Control Act, or the
13Methamphetamine Control and Community Protection Act will have
14a significant beneficial effect in deterring the rising
15incidence of the abuse and trafficking of such substances
16within this State. While forfeiture may secure for State and
17local units of government some resources for deterring drug
18abuse and drug trafficking, forfeiture is not intended to be
19an alternative means of funding the administration of criminal
20justice. The General Assembly further finds that the federal
21narcotics civil forfeiture statute upon which this Act is
22based has been very successful in deterring the use and
23distribution of controlled substances within this State and

 

 

HB1144- 2 -LRB102 03159 RLC 13172 b

1throughout the country. It is therefore the intent of the
2General Assembly that the forfeiture provisions of this Act be
3construed in light of the federal forfeiture provisions
4contained in 21 U.S.C. 881 as interpreted by the federal
5courts, except to the extent that the provisions of this Act
6expressly differ therefrom.
7(Source: P.A. 94-556, eff. 9-11-05.)