Full Text of SB2198 95th General Assembly
SB2198enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Cannabis Control Act is amended by changing | 5 |
| Section 12 as follows:
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| (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
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| Sec. 12. (a) The following are subject to forfeiture:
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| (1) all substances containing cannabis which have been | 9 |
| produced,
manufactured, delivered, or possessed in | 10 |
| violation of this Act;
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| (2) all raw materials, products and equipment of any | 12 |
| kind which are
produced, delivered, or possessed in | 13 |
| connection with any substance
containing cannabis in | 14 |
| violation of this Act;
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| (3) all conveyances, including aircraft, vehicles or | 16 |
| vessels, which
are used, or intended for use, to transport, | 17 |
| or in any manner to
facilitate the transportation, sale, | 18 |
| receipt, possession, or
concealment of property described | 19 |
| in paragraph (1) or (2) that constitutes
a felony violation | 20 |
| of the Act, but:
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| (i) no conveyance used by any person as a common | 22 |
| carrier in the
transaction of business as a common | 23 |
| carrier is subject to forfeiture
under this Section |
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| unless it appears that the owner or other person in
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| charge of the conveyance is a consenting party or privy | 3 |
| to a violation
of this Act;
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| (ii) no conveyance is subject to forfeiture under | 5 |
| this Section by
reason of any act or omission which the | 6 |
| owner proves to have been
committed or omitted without | 7 |
| his knowledge or consent;
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| (iii) a forfeiture of a conveyance encumbered by a | 9 |
| bona fide
security interest is subject to the interest | 10 |
| of the secured party if he
neither had knowledge of nor | 11 |
| consented to the act or omission;
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| (4) all money, things of value, books, records, and | 13 |
| research
products and materials including formulas, | 14 |
| microfilm, tapes, and data
which are used, or intended for | 15 |
| use in a felony violation of this Act;
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| (5) everything of value furnished or intended to be | 17 |
| furnished by any
person in exchange for a substance in | 18 |
| violation of this Act, all proceeds
traceable to such an | 19 |
| exchange, and all moneys, negotiable instruments, and
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| securities used, or intended to be used, to commit or in | 21 |
| any manner to
facilitate any felony violation of this Act ; .
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| (6) all real property, including any right, title, and | 23 |
| interest including, but not limited to, any leasehold | 24 |
| interest or the beneficial interest to a land trust, in the | 25 |
| whole of any lot or tract of land and any appurtenances or | 26 |
| improvements, that is used or intended to be used to |
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| facilitate the manufacture, distribution, sale, receipt, | 2 |
| or concealment of property described in paragraph (1) or | 3 |
| (2) of this subsection (a) that constitutes a felony | 4 |
| violation of more than 2,000 grams of a substance | 5 |
| containing cannabis or that is the proceeds of any felony | 6 |
| violation of this Act. | 7 |
| (b) Property subject to forfeiture under this Act may be | 8 |
| seized by
the Director or any peace officer upon process or | 9 |
| seizure warrant issued by
any court having jurisdiction over | 10 |
| the property. Seizure by the Director
or any peace officer | 11 |
| without process may be made:
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| (1) if the property subject to seizure has been the | 13 |
| subject of a
prior judgment in favor of the State in a | 14 |
| criminal proceeding or
in an injunction or forfeiture | 15 |
| proceeding based upon this Act or the Drug
Asset Forfeiture | 16 |
| Procedure Act;
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| (2) if there is probable cause to believe that the | 18 |
| property is
directly or indirectly dangerous to health or | 19 |
| safety;
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| (3) if there is probable cause to believe that the | 21 |
| property is subject
to forfeiture under this Act and the | 22 |
| property is seized under
circumstances in which a | 23 |
| warrantless seizure or arrest would be reasonable; or
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| (4) in accordance with the Code of Criminal Procedure | 25 |
| of 1963.
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| (c) In the event of seizure pursuant to subsection (b), |
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| forfeiture
proceedings shall be instituted in accordance with | 2 |
| the
Drug Asset Forfeiture Procedure Act.
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| (c-1) In the event the State's Attorney is of the opinion | 4 |
| that real property is subject to forfeiture under this Act, | 5 |
| forfeiture proceedings shall be instituted in accordance with | 6 |
| the Drug Asset Forfeiture Procedure Act. The exemptions from | 7 |
| forfeiture provisions of Section 8 of the Drug Asset Forfeiture | 8 |
| Procedure Act are applicable. | 9 |
| (d) Property taken or detained under this Section shall not | 10 |
| be
subject to replevin, but is deemed to be in the custody of | 11 |
| the Director
subject only to the order and judgments of the | 12 |
| circuit court having
jurisdiction over the forfeiture | 13 |
| proceedings and the decisions of the
State's Attorney under the | 14 |
| Drug Asset Forfeiture Procedure Act. When
property is seized | 15 |
| under this Act, the seizing agency shall promptly
conduct an | 16 |
| inventory of the seized property, estimate the property's | 17 |
| value,
and shall forward a copy of the inventory of seized | 18 |
| property and the
estimate of the property's value to the | 19 |
| Director. Upon receiving notice of
seizure, the Director may:
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| (1) place the property under seal;
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| (2) remove the property to a place designated by him;
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| (3) keep the property in the possession of the seizing | 23 |
| agency;
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| (4) remove the property to a storage area for | 25 |
| safekeeping or, if the
property is a negotiable instrument | 26 |
| or money and is not needed for
evidentiary purposes, |
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| deposit it in an interest bearing account;
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| (5) place the property under constructive seizure by | 3 |
| posting notice of
pending forfeiture on it, by giving | 4 |
| notice of pending forfeiture to its
owners and interest | 5 |
| holders, or by filing notice of pending forfeiture in
any | 6 |
| appropriate public record relating to the property; or
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| (6) provide for another agency or custodian, including | 8 |
| an owner, secured
party, or lienholder, to take custody of | 9 |
| the property upon the terms and
conditions set by the | 10 |
| Director.
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| (e) No disposition may be made of property under seal until | 12 |
| the time
for taking an appeal has elapsed or until all appeals | 13 |
| have been
concluded unless a court, upon application therefor, | 14 |
| orders the sale of
perishable substances and the deposit of the | 15 |
| proceeds of the sale with
the court.
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| (f) When property is forfeited under this Act the Director | 17 |
| shall
sell all such property unless such property is required | 18 |
| by law to be
destroyed or is harmful to the public, and shall | 19 |
| distribute the proceeds of
the sale, together with any moneys | 20 |
| forfeited or seized, in accordance
with subsection (g). | 21 |
| However, upon the application of the seizing agency or
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| prosecutor who was responsible for the investigation, arrest or | 23 |
| arrests and
prosecution which lead to the forfeiture, the | 24 |
| Director may return any item
of forfeited property to the | 25 |
| seizing agency or prosecutor for official use
in the | 26 |
| enforcement of laws relating to cannabis or controlled |
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| substances,
if the agency or prosecutor can demonstrate that | 2 |
| the item requested would
be useful to the agency or prosecutor | 3 |
| in their enforcement efforts. When any forfeited conveyance, | 4 |
| including an aircraft, vehicle, or vessel, is returned to the | 5 |
| seizing agency or prosecutor, the conveyance may be used | 6 |
| immediately in the enforcement of the criminal laws of this | 7 |
| State. Upon disposal, all proceeds from the sale of the | 8 |
| conveyance must be used for drug enforcement purposes. When
any | 9 |
| real property returned to the seizing agency is sold by the | 10 |
| agency or
its unit of government, the proceeds of the sale | 11 |
| shall be delivered to the
Director and distributed in | 12 |
| accordance with subsection (g).
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| (g) All monies and the sale proceeds of all other property | 14 |
| forfeited and
seized under this Act shall be distributed as | 15 |
| follows:
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| (1) 65% shall be distributed to the metropolitan | 17 |
| enforcement group,
local, municipal, county, or state law | 18 |
| enforcement agency or agencies which
conducted or | 19 |
| participated in the investigation resulting in the | 20 |
| forfeiture.
The distribution shall bear a reasonable | 21 |
| relationship to the degree of
direct participation of the | 22 |
| law enforcement agency in the effort resulting
in the | 23 |
| forfeiture, taking into account the total value of the | 24 |
| property
forfeited and the total law enforcement effort | 25 |
| with respect to the
violation of the law upon which the | 26 |
| forfeiture is based.
Amounts distributed to the agency or |
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| agencies shall be used for the
enforcement of laws | 2 |
| governing cannabis and controlled substances or for | 3 |
| security cameras used for the prevention or detection of | 4 |
| violence, except
that amounts distributed to the Secretary | 5 |
| of State shall be deposited into
the Secretary of State | 6 |
| Evidence Fund to be used as provided in Section
2-115 of | 7 |
| the Illinois Vehicle Code.
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| (2)(i) 12.5% shall be distributed to the Office of the | 9 |
| State's
Attorney of the county in which the prosecution | 10 |
| resulting in the forfeiture
was instituted, deposited in a | 11 |
| special fund in the county treasury and
appropriated to the | 12 |
| State's Attorney for use in the enforcement of laws
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| governing cannabis and controlled substances. In counties | 14 |
| over 3,000,000
population, 25% will be distributed to the | 15 |
| Office of the State's Attorney for use in the
enforcement | 16 |
| of laws governing cannabis and controlled substances. If | 17 |
| the
prosecution is undertaken solely by the Attorney | 18 |
| General, the portion
provided hereunder shall be | 19 |
| distributed to the Attorney General for use in
the | 20 |
| enforcement of laws governing cannabis and controlled | 21 |
| substances.
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| (ii) 12.5% shall be distributed to the Office of the | 23 |
| State's Attorneys
Appellate Prosecutor and deposited in | 24 |
| the Narcotics Profit Forfeiture Fund
of that Office to be | 25 |
| used for additional expenses incurred in the
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| investigation, prosecution and appeal of cases arising |
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| under laws governing
cannabis and controlled substances. | 2 |
| The Office of the State's Attorneys
Appellate Prosecutor | 3 |
| shall not receive distribution from cases brought in
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| counties with over 3,000,000 population.
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| (3) 10% shall be retained by the Department of State | 6 |
| Police for expenses
related to the administration and sale | 7 |
| of seized and forfeited property.
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| (Source: P.A. 94-1004, eff. 7-3-06.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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