Rep. Michael J. Zalewski

Filed: 4/12/2011

 

 


 

 


 
09700HB3157ham001LRB097 08722 RLC 54451 a

1
AMENDMENT TO HOUSE BILL 3157

2    AMENDMENT NO. ______. Amend House Bill 3157 on page 2, line
33, by inserting after "Section," the following:
4"and after taking into account the respective interests of all
5known claimants to the property including the State,"; and
 
6on page 2, by inserting immediately after line 8 the following:
 
7    "Section 6. The Cannabis Control Act is amended by changing
8Section 12 as follows:
 
9    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
10    Sec. 12. (a) The following are subject to forfeiture:
11        (1) all substances containing cannabis which have been
12    produced, manufactured, delivered, or possessed in
13    violation of this Act;
14        (2) all raw materials, products and equipment of any
15    kind which are produced, delivered, or possessed in

 

 

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1    connection with any substance containing cannabis in
2    violation of this Act;
3        (3) all conveyances, including aircraft, vehicles or
4    vessels, which are used, or intended for use, to transport,
5    or in any manner to facilitate the transportation, sale,
6    receipt, possession, or concealment of property described
7    in paragraph (1) or (2) that constitutes a felony violation
8    of the Act, but:
9            (i) no conveyance used by any person as a common
10        carrier in the transaction of business as a common
11        carrier is subject to forfeiture under this Section
12        unless it appears that the owner or other person in
13        charge of the conveyance is a consenting party or privy
14        to a violation of this Act;
15            (ii) no conveyance is subject to forfeiture under
16        this Section by reason of any act or omission which the
17        owner proves to have been committed or omitted without
18        his knowledge or consent;
19            (iii) a forfeiture of a conveyance encumbered by a
20        bona fide security interest is subject to the interest
21        of the secured party if he neither had knowledge of nor
22        consented to the act or omission;
23        (4) all money, things of value, books, records, and
24    research products and materials including formulas,
25    microfilm, tapes, and data which are used, or intended for
26    use in a felony violation of this Act;

 

 

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1        (5) everything of value furnished or intended to be
2    furnished by any person in exchange for a substance in
3    violation of this Act, all proceeds traceable to such an
4    exchange, and all moneys, negotiable instruments, and
5    securities used, or intended to be used, to commit or in
6    any manner to facilitate any felony violation of this Act;
7        (6) all real property, including any right, title, and
8    interest including, but not limited to, any leasehold
9    interest or the beneficial interest to a land trust, in the
10    whole of any lot or tract of land and any appurtenances or
11    improvements, that is used or intended to be used to
12    facilitate the manufacture, distribution, sale, receipt,
13    or concealment of property described in paragraph (1) or
14    (2) of this subsection (a) that constitutes a felony
15    violation of more than 2,000 grams of a substance
16    containing cannabis or that is the proceeds of any felony
17    violation of this Act.
18    (b) Property subject to forfeiture under this Act may be
19seized by the Director or any peace officer upon process or
20seizure warrant issued by any court having jurisdiction over
21the property. Seizure by the Director or any peace officer
22without process may be made:
23        (1) if the property subject to seizure has been the
24    subject of a prior judgment in favor of the State in a
25    criminal proceeding or in an injunction or forfeiture
26    proceeding based upon this Act or the Drug Asset Forfeiture

 

 

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1    Procedure Act;
2        (2) if there is probable cause to believe that the
3    property is directly or indirectly dangerous to health or
4    safety;
5        (3) if there is probable cause to believe that the
6    property is subject to forfeiture under this Act and the
7    property is seized under circumstances in which a
8    warrantless seizure or arrest would be reasonable; or
9        (4) in accordance with the Code of Criminal Procedure
10    of 1963.
11    (c) In the event of seizure pursuant to subsection (b),
12notice shall be given forthwith to all known interest holders
13that forfeiture proceedings, including a preliminary review,
14shall be instituted in accordance with the Drug Asset
15Forfeiture Procedure Act and such proceedings shall thereafter
16be instituted in accordance with that Act.
17    (c-1) In the event the State's Attorney is of the opinion
18that real property is subject to forfeiture under this Act,
19forfeiture proceedings shall be instituted in accordance with
20the Drug Asset Forfeiture Procedure Act. The exemptions from
21forfeiture provisions of Section 8 of the Drug Asset Forfeiture
22Procedure Act are applicable.
23    (d) Property taken or detained under this Section shall not
24be subject to replevin, but is deemed to be in the custody of
25the Director subject only to the order and judgments of the
26circuit court having jurisdiction over the forfeiture

 

 

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1proceedings and the decisions of the State's Attorney under the
2Drug Asset Forfeiture Procedure Act. When property is seized
3under this Act, the seizing agency shall promptly conduct an
4inventory of the seized property, estimate the property's
5value, and shall forward a copy of the inventory of seized
6property and the estimate of the property's value to the
7Director. Upon receiving notice of seizure, the Director may:
8        (1) place the property under seal;
9        (2) remove the property to a place designated by him;
10        (3) keep the property in the possession of the seizing
11    agency;
12        (4) remove the property to a storage area for
13    safekeeping or, if the property is a negotiable instrument
14    or money and is not needed for evidentiary purposes,
15    deposit it in an interest bearing account;
16        (5) place the property under constructive seizure by
17    posting notice of pending forfeiture on it, by giving
18    notice of pending forfeiture to its owners and interest
19    holders, or by filing notice of pending forfeiture in any
20    appropriate public record relating to the property; or
21        (6) provide for another agency or custodian, including
22    an owner, secured party, or lienholder, to take custody of
23    the property upon the terms and conditions set by the
24    Director.
25    (e) No disposition may be made of property under seal until
26the time for taking an appeal has elapsed or until all appeals

 

 

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1have been concluded unless a court, upon application therefor,
2orders the sale of perishable substances and the deposit of the
3proceeds of the sale with the court.
4    (f) When property is forfeited under this Act the Director
5shall sell all such property unless such property is required
6by law to be destroyed or is harmful to the public, and shall
7distribute the proceeds of the sale, together with any moneys
8forfeited or seized, in accordance with subsection (g).
9However, upon the application of the seizing agency or
10prosecutor who was responsible for the investigation, arrest or
11arrests and prosecution which lead to the forfeiture, the
12Director may return any item of forfeited property to the
13seizing agency or prosecutor for official use in the
14enforcement of laws relating to cannabis or controlled
15substances, if the agency or prosecutor can demonstrate that
16the item requested would be useful to the agency or prosecutor
17in their enforcement efforts. When any forfeited conveyance,
18including an aircraft, vehicle, or vessel, is returned to the
19seizing agency or prosecutor, the conveyance may be used
20immediately in the enforcement of the criminal laws of this
21State. Upon disposal, all proceeds from the sale of the
22conveyance must be used for drug enforcement purposes. When any
23real property returned to the seizing agency is sold by the
24agency or its unit of government, the proceeds of the sale
25shall be delivered to the Director and distributed in
26accordance with subsection (g).

 

 

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1    (g) All monies and the sale proceeds of all other property
2forfeited and seized under this Act shall be distributed as
3follows:
4        (1) 65% shall be distributed to the metropolitan
5    enforcement group, local, municipal, county, or state law
6    enforcement agency or agencies which conducted or
7    participated in the investigation resulting in the
8    forfeiture. The distribution shall bear a reasonable
9    relationship to the degree of direct participation of the
10    law enforcement agency in the effort resulting in the
11    forfeiture, taking into account the total value of the
12    property forfeited and the total law enforcement effort
13    with respect to the violation of the law upon which the
14    forfeiture is based. Amounts distributed to the agency or
15    agencies shall be used for the enforcement of laws
16    governing cannabis and controlled substances or for
17    security cameras used for the prevention or detection of
18    violence, except that amounts distributed to the Secretary
19    of State shall be deposited into the Secretary of State
20    Evidence Fund to be used as provided in Section 2-115 of
21    the Illinois Vehicle Code.
22        (2)(i) 12.5% shall be distributed to the Office of the
23    State's Attorney of the county in which the prosecution
24    resulting in the forfeiture was instituted, deposited in a
25    special fund in the county treasury and appropriated to the
26    State's Attorney for use in the enforcement of laws

 

 

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1    governing cannabis and controlled substances. In counties
2    over 3,000,000 population, 25% will be distributed to the
3    Office of the State's Attorney for use in the enforcement
4    of laws governing cannabis and controlled substances. If
5    the prosecution is undertaken solely by the Attorney
6    General, the portion provided hereunder shall be
7    distributed to the Attorney General for use in the
8    enforcement of laws governing cannabis and controlled
9    substances.
10        (ii) 12.5% shall be distributed to the Office of the
11    State's Attorneys Appellate Prosecutor and deposited in
12    the Narcotics Profit Forfeiture Fund of that Office to be
13    used for additional expenses incurred in the
14    investigation, prosecution and appeal of cases arising
15    under laws governing cannabis and controlled substances.
16    The Office of the State's Attorneys Appellate Prosecutor
17    shall not receive distribution from cases brought in
18    counties with over 3,000,000 population.
19        (3) 10% shall be retained by the Department of State
20    Police for expenses related to the administration and sale
21    of seized and forfeited property.
22(Source: P.A. 94-1004, eff. 7-3-06; 95-989, eff. 10-3-08.)
 
23    Section 7. The Illinois Controlled Substances Act is
24amended by changing Section 505 as follows:
 

 

 

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1    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
2    Sec. 505. (a) The following are subject to forfeiture:
3        (1) all substances which have been manufactured,
4    distributed, dispensed, or possessed in violation of this
5    Act;
6        (2) all raw materials, products and equipment of any
7    kind which are used, or intended for use in manufacturing,
8    distributing, dispensing, administering or possessing any
9    substance in violation of this Act;
10        (3) all conveyances, including aircraft, vehicles or
11    vessels, which are used, or intended for use, to transport,
12    or in any manner to facilitate the transportation, sale,
13    receipt, possession, or concealment of property described
14    in paragraphs (1) and (2), but:
15            (i) no conveyance used by any person as a common
16        carrier in the transaction of business as a common
17        carrier is subject to forfeiture under this Section
18        unless it appears that the owner or other person in
19        charge of the conveyance is a consenting party or privy
20        to a violation of this Act;
21            (ii) no conveyance is subject to forfeiture under
22        this Section by reason of any act or omission which the
23        owner proves to have been committed or omitted without
24        his knowledge or consent;
25            (iii) a forfeiture of a conveyance encumbered by a
26        bona fide security interest is subject to the interest

 

 

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1        of the secured party if he neither had knowledge of nor
2        consented to the act or omission;
3        (4) all money, things of value, books, records, and
4    research products and materials including formulas,
5    microfilm, tapes, and data which are used, or intended to
6    be used in violation of this Act;
7        (5) everything of value furnished, or intended to be
8    furnished, in exchange for a substance in violation of this
9    Act, all proceeds traceable to such an exchange, and all
10    moneys, negotiable instruments, and securities used, or
11    intended to be used, to commit or in any manner to
12    facilitate any violation of this Act;
13        (6) all real property, including any right, title, and
14    interest (including, but not limited to, any leasehold
15    interest or the beneficial interest in a land trust) in the
16    whole of any lot or tract of land and any appurtenances or
17    improvements, which is used or intended to be used, in any
18    manner or part, to commit, or in any manner to facilitate
19    the commission of, any violation or act that constitutes a
20    violation of Section 401 or 405 of this Act or that is the
21    proceeds of any violation or act that constitutes a
22    violation of Section 401 or 405 of this Act.
23    (b) Property subject to forfeiture under this Act may be
24seized by the Director or any peace officer upon process or
25seizure warrant issued by any court having jurisdiction over
26the property. Seizure by the Director or any peace officer

 

 

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1without process may be made:
2        (1) if the seizure is incident to inspection under an
3    administrative inspection warrant;
4        (2) if the property subject to seizure has been the
5    subject of a prior judgment in favor of the State in a
6    criminal proceeding, or in an injunction or forfeiture
7    proceeding based upon this Act or the Drug Asset Forfeiture
8    Procedure Act;
9        (3) if there is probable cause to believe that the
10    property is directly or indirectly dangerous to health or
11    safety;
12        (4) if there is probable cause to believe that the
13    property is subject to forfeiture under this Act and the
14    property is seized under circumstances in which a
15    warrantless seizure or arrest would be reasonable; or
16        (5) in accordance with the Code of Criminal Procedure
17    of 1963.
18    (c) In the event of seizure pursuant to subsection (b),
19notice shall be given forthwith to all known interest holders
20that forfeiture proceedings, including a preliminary review,
21shall be instituted in accordance with the Drug Asset
22Forfeiture Procedure Act and such proceedings shall thereafter
23be instituted in accordance with that Act.
24    (d) Property taken or detained under this Section shall not
25be subject to replevin, but is deemed to be in the custody of
26the Director subject only to the order and judgments of the

 

 

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1circuit court having jurisdiction over the forfeiture
2proceedings and the decisions of the State's Attorney under the
3Drug Asset Forfeiture Procedure Act. When property is seized
4under this Act, the seizing agency shall promptly conduct an
5inventory of the seized property and estimate the property's
6value, and shall forward a copy of the inventory of seized
7property and the estimate of the property's value to the
8Director. Upon receiving notice of seizure, the Director may:
9        (1) place the property under seal;
10        (2) remove the property to a place designated by the
11    Director;
12        (3) keep the property in the possession of the seizing
13    agency;
14        (4) remove the property to a storage area for
15    safekeeping or, if the property is a negotiable instrument
16    or money and is not needed for evidentiary purposes,
17    deposit it in an interest bearing account;
18        (5) place the property under constructive seizure by
19    posting notice of pending forfeiture on it, by giving
20    notice of pending forfeiture to its owners and interest
21    holders, or by filing notice of pending forfeiture in any
22    appropriate public record relating to the property; or
23        (6) provide for another agency or custodian, including
24    an owner, secured party, or lienholder, to take custody of
25    the property upon the terms and conditions set by the
26    Director.

 

 

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1    (e) If the Department of Professional Regulation suspends
2or revokes a registration, all controlled substances owned or
3possessed by the registrant at the time of suspension or the
4effective date of the revocation order may be placed under
5seal. No disposition may be made of substances under seal until
6the time for taking an appeal has elapsed or until all appeals
7have been concluded unless a court, upon application therefor,
8orders the sale of perishable substances and the deposit of the
9proceeds of the sale with the court. Upon a revocation rule
10becoming final, all substances may be forfeited to the
11Department of Professional Regulation.
12    (f) When property is forfeited under this Act the Director
13shall sell all such property unless such property is required
14by law to be destroyed or is harmful to the public, and shall
15distribute the proceeds of the sale, together with any moneys
16forfeited or seized, in accordance with subsection (g).
17However, upon the application of the seizing agency or
18prosecutor who was responsible for the investigation, arrest or
19arrests and prosecution which lead to the forfeiture, the
20Director may return any item of forfeited property to the
21seizing agency or prosecutor for official use in the
22enforcement of laws relating to cannabis or controlled
23substances, if the agency or prosecutor can demonstrate that
24the item requested would be useful to the agency or prosecutor
25in their enforcement efforts. When any forfeited conveyance,
26including an aircraft, vehicle, or vessel, is returned to the

 

 

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1seizing agency or prosecutor, the conveyance may be used
2immediately in the enforcement of the criminal laws of this
3State. Upon disposal, all proceeds from the sale of the
4conveyance must be used for drug enforcement purposes. When any
5real property returned to the seizing agency is sold by the
6agency or its unit of government, the proceeds of the sale
7shall be delivered to the Director and distributed in
8accordance with subsection (g).
9    (g) All monies and the sale proceeds of all other property
10forfeited and seized under this Act shall be distributed as
11follows:
12        (1) 65% shall be distributed to the metropolitan
13    enforcement group, local, municipal, county, or state law
14    enforcement agency or agencies which conducted or
15    participated in the investigation resulting in the
16    forfeiture. The distribution shall bear a reasonable
17    relationship to the degree of direct participation of the
18    law enforcement agency in the effort resulting in the
19    forfeiture, taking into account the total value of the
20    property forfeited and the total law enforcement effort
21    with respect to the violation of the law upon which the
22    forfeiture is based. Amounts distributed to the agency or
23    agencies shall be used for the enforcement of laws
24    governing cannabis and controlled substances or for
25    security cameras used for the prevention or detection of
26    violence, except that amounts distributed to the Secretary

 

 

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1    of State shall be deposited into the Secretary of State
2    Evidence Fund to be used as provided in Section 2-115 of
3    the Illinois Vehicle Code.
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 forfeiture was instituted, 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 cannabis and controlled substances. In counties
10    over 3,000,000 population, 25% will be distributed to the
11    Office of the State's Attorney for use in the enforcement
12    of laws governing cannabis and controlled substances. If
13    the prosecution is undertaken solely by the Attorney
14    General, the portion provided hereunder shall be
15    distributed to the Attorney General for use in the
16    enforcement of laws governing cannabis and controlled
17    substances.
18        (ii) 12.5% shall be distributed to the Office of the
19    State's Attorneys Appellate Prosecutor and deposited in
20    the Narcotics Profit Forfeiture Fund of that office to be
21    used for additional expenses incurred in the
22    investigation, prosecution and appeal of cases arising
23    under laws governing cannabis and controlled substances.
24    The Office of the State's Attorneys Appellate Prosecutor
25    shall not receive distribution from cases brought in
26    counties with over 3,000,000 population.

 

 

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1        (3) 10% shall be retained by the Department of State
2    Police for expenses related to the administration and sale
3    of seized and forfeited property.
4    (h) Species of plants from which controlled substances in
5Schedules I and II may be derived which have been planted or
6cultivated in violation of this Act, or of which the owners or
7cultivators are unknown, or which are wild growths, may be
8seized and summarily forfeited to the State. The failure, upon
9demand by the Director or any peace officer, of the person in
10occupancy or in control of land or premises upon which the
11species of plants are growing or being stored, to produce
12registration, or proof that he is the holder thereof,
13constitutes authority for the seizure and forfeiture of the
14plants.
15(Source: P.A. 94-1004, eff. 7-3-06.)
 
16    Section 8. The Methamphetamine Control and Community
17Protection Act is amended by changing Section 85 as follows:
 
18    (720 ILCS 646/85)
19    Sec. 85. Forfeiture.
20    (a) The following are subject to forfeiture:
21        (1) all substances containing methamphetamine which
22    have been produced, manufactured, delivered, or possessed
23    in violation of this Act;
24        (2) all methamphetamine manufacturing materials which

 

 

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1    have been produced, delivered, or possessed in connection
2    with any substance containing methamphetamine in violation
3    of this Act;
4        (3) all conveyances, including aircraft, vehicles or
5    vessels, which are used, or intended for use, to transport,
6    or in any manner to facilitate the transportation, sale,
7    receipt, possession, or concealment of property described
8    in paragraph (1) or (2) that constitutes a felony violation
9    of the Act, but:
10            (i) no conveyance used by any person as a common
11        carrier in the transaction of business as a common
12        carrier is subject to forfeiture under this Section
13        unless it appears that the owner or other person in
14        charge of the conveyance is a consenting party or privy
15        to a violation of this Act;
16            (ii) no conveyance is subject to forfeiture under
17        this Section by reason of any act or omission which the
18        owner proves to have been committed or omitted without
19        his or her knowledge or consent;
20            (iii) a forfeiture of a conveyance encumbered by a
21        bona fide security interest is subject to the interest
22        of the secured party if he or she neither had knowledge
23        of nor consented to the act or omission;
24        (4) all money, things of value, books, records, and
25    research products and materials including formulas,
26    microfilm, tapes, and data which are used, or intended for

 

 

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1    use in a felony violation of this Act;
2        (5) everything of value furnished or intended to be
3    furnished by any person in exchange for a substance in
4    violation of this Act, all proceeds traceable to such an
5    exchange, and all moneys, negotiable instruments, and
6    securities used, or intended to be used, to commit or in
7    any manner to facilitate any felony violation of this Act.
8        (6) all real property, including any right, title, and
9    interest (including, but not limited to, any leasehold
10    interest or the beneficial interest in a land trust) in the
11    whole of any lot or tract of land and any appurtenances or
12    improvements, which is used, or intended to be used, in any
13    manner or part, to commit, or in any manner to facilitate
14    the commission of, any violation or act that constitutes a
15    violation of this Act or that is the proceeds of any
16    violation or act that constitutes a violation of this Act.
17    (b) Property subject to forfeiture under this Act may be
18seized by the Director or any peace officer upon process or
19seizure warrant issued by any court having jurisdiction over
20the property. Seizure by the Director or any peace officer
21without process may be made:
22        (1) if the property subject to seizure has been the
23    subject of a prior judgment in favor of the State in a
24    criminal proceeding or in an injunction or forfeiture
25    proceeding based upon this Act or the Drug Asset Forfeiture
26    Procedure Act;

 

 

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1        (2) if there is probable cause to believe that the
2    property is directly or indirectly dangerous to health or
3    safety;
4        (3) if there is probable cause to believe that the
5    property is subject to forfeiture under this Act and the
6    property is seized under circumstances in which a
7    warrantless seizure or arrest would be reasonable; or
8        (4) in accordance with the Code of Criminal Procedure
9    of 1963.
10    (c) In the event of seizure pursuant to subsection (b),
11notice shall be given forthwith to all known interest holders
12that forfeiture proceedings, including a preliminary review,
13shall be instituted in accordance with the Drug Asset
14Forfeiture Procedure Act and such proceedings shall thereafter
15be instituted in accordance with that Act.
16    (d) Property taken or detained under this Section is not
17subject to replevin, but is deemed to be in the custody of the
18Director subject only to the order and judgments of the circuit
19court having jurisdiction over the forfeiture proceedings and
20the decisions of the State's Attorney under the Drug Asset
21Forfeiture Procedure Act. When property is seized under this
22Act, the seizing agency shall promptly conduct an inventory of
23the seized property, estimate the property's value, and forward
24a copy of the inventory of seized property and the estimate of
25the property's value to the Director. Upon receiving notice of
26seizure, the Director may:

 

 

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1        (1) place the property under seal;
2        (2) remove the property to a place designated by him or
3    her;
4        (3) keep the property in the possession of the seizing
5    agency;
6        (4) remove the property to a storage area for
7    safekeeping or, if the property is a negotiable instrument
8    or money and is not needed for evidentiary purposes,
9    deposit it in an interest bearing account;
10        (5) place the property under constructive seizure by
11    posting notice of pending forfeiture on it, by giving
12    notice of pending forfeiture to its owners and interest
13    holders, or by filing notice of pending forfeiture in any
14    appropriate public record relating to the property; or
15        (6) provide for another agency or custodian, including
16    an owner, secured party, or lienholder, to take custody of
17    the property upon the terms and conditions set by the
18    Director.
19    (e) No disposition may be made of property under seal until
20the time for taking an appeal has elapsed or until all appeals
21have been concluded unless a court, upon application therefor,
22orders the sale of perishable substances and the deposit of the
23proceeds of the sale with the court.
24    (f) When property is forfeited under this Act, the Director
25shall sell the property unless the property is required by law
26to be destroyed or is harmful to the public, and shall

 

 

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1distribute the proceeds of the sale, together with any moneys
2forfeited or seized, in accordance with subsection (g).
3However, upon the application of the seizing agency or
4prosecutor who was responsible for the investigation, arrest or
5arrests and prosecution which lead to the forfeiture, the
6Director may return any item of forfeited property to the
7seizing agency or prosecutor for official use in the
8enforcement of laws relating to methamphetamine, cannabis, or
9controlled substances, if the agency or prosecutor
10demonstrates that the item requested would be useful to the
11agency or prosecutor in their enforcement efforts. When any
12forfeited conveyance, including an aircraft, vehicle, or
13vessel, is returned to the seizing agency or prosecutor, the
14conveyance may be used immediately in the enforcement of the
15criminal laws of this State. Upon disposal, all proceeds from
16the sale of the conveyance must be used for drug enforcement
17purposes. When any real property returned to the seizing agency
18is sold by the agency or its unit of government, the proceeds
19of the sale shall be delivered to the Director and distributed
20in accordance with subsection (g).
21    (g) All moneys and the sale proceeds of all other property
22forfeited and seized under this Act shall be distributed as
23follows:
24        (1) 65% shall be distributed to the metropolitan
25    enforcement group, local, municipal, county, or State law
26    enforcement agency or agencies which conducted or

 

 

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1    participated in the investigation resulting in the
2    forfeiture. The distribution shall bear a reasonable
3    relationship to the degree of direct participation of the
4    law enforcement agency in the effort resulting in the
5    forfeiture, taking into account the total value of the
6    property forfeited and the total law enforcement effort
7    with respect to the violation of the law upon which the
8    forfeiture is based. Amounts distributed to the agency or
9    agencies shall be used for the enforcement of laws
10    governing methamphetamine, cannabis, and controlled
11    substances or for security cameras used for the prevention
12    or detection of violence, except that amounts distributed
13    to the Secretary of State shall be deposited into the
14    Secretary of State Evidence Fund to be used as provided in
15    Section 2-115 of the Illinois Vehicle Code.
16        (2)(i) 12.5% shall be distributed to the Office of the
17    State's Attorney of the county in which the prosecution
18    resulting in the forfeiture was instituted, deposited in a
19    special fund in the county treasury and appropriated to the
20    State's Attorney for use in the enforcement of laws
21    governing methamphetamine, cannabis, and controlled
22    substances. In counties with a population over 3,000,000,
23    25% shall be distributed to the Office of the State's
24    Attorney for use in the enforcement of laws governing
25    methamphetamine, cannabis, and controlled substances. If
26    the prosecution is undertaken solely by the Attorney

 

 

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1    General, the portion provided hereunder shall be
2    distributed to the Attorney General for use in the
3    enforcement of laws governing methamphetamine, cannabis,
4    and controlled substances.
5        (ii) 12.5% shall be distributed to the Office of the
6    State's Attorneys Appellate Prosecutor and deposited in
7    the Narcotics Profit Forfeiture Fund of that Office to be
8    used for additional expenses incurred in the
9    investigation, prosecution and appeal of cases arising
10    under laws governing methamphetamine, cannabis, and
11    controlled substances. The Office of the State's Attorneys
12    Appellate Prosecutor shall not receive distribution from
13    cases brought in counties with a population over 3,000,000.
14        (3) 10% shall be retained by the Department of State
15    Police for expenses related to the administration and sale
16    of seized and forfeited property.
17(Source: P.A. 94-556, eff. 9-11-05; 94-1004, eff. 7-3-06.)";
18and
 
19on page 3, line 8, by inserting after "Section," the following:
20"and after taking into account the respective interests of all
21known claimants to the property including the State,".