Illinois General Assembly - Full Text of SB0212
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Full Text of SB0212  99th General Assembly

SB0212eng 99TH GENERAL ASSEMBLY



 


 
SB0212 EngrossedLRB099 03375 RLC 23383 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 Cannabis Control Act is amended by changing
5Section 12 as follows:
 
6    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
7    Sec. 12. (a) The following are subject to forfeiture:
8        (1) all substances containing cannabis which have been
9    produced, manufactured, delivered, or possessed in
10    violation of this Act;
11        (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;
15        (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:
21            (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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1        unless it appears that the owner or other person in
2        charge of the conveyance is a consenting party or privy
3        to a violation of this Act;
4            (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;
8            (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;
12        (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;
16        (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
20    securities used, or intended to be used, to commit or in
21    any manner to facilitate any felony violation of this Act;
22        (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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1    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
8seized by the Director or any peace officer upon process or
9seizure warrant issued by any court having jurisdiction over
10the property. Seizure by the Director or any peace officer
11without process may be made:
12        (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;
17        (2) if there is probable cause to believe that the
18    property is directly or indirectly dangerous to health or
19    safety;
20        (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
24        (4) in accordance with the Code of Criminal Procedure
25    of 1963.
26    (c) In the event of seizure pursuant to subsection (b),

 

 

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1notice shall be given forthwith to all known interest holders
2that forfeiture proceedings, including a preliminary review,
3shall be instituted in accordance with the Drug Asset
4Forfeiture Procedure Act and such proceedings shall thereafter
5be instituted in accordance with that Act. Upon a showing of
6good cause, the notice required for a preliminary review under
7this Section may be postponed.
8    (c-1) In the event the State's Attorney is of the opinion
9that real property is subject to forfeiture under this Act,
10forfeiture proceedings shall be instituted in accordance with
11the Drug Asset Forfeiture Procedure Act. The exemptions from
12forfeiture provisions of Section 8 of the Drug Asset Forfeiture
13Procedure Act are applicable.
14    (d) Property taken or detained under this Section shall not
15be subject to replevin, but is deemed to be in the custody of
16the Director subject only to the order and judgments of the
17circuit court having jurisdiction over the forfeiture
18proceedings and the decisions of the State's Attorney under the
19Drug Asset Forfeiture Procedure Act. When property is seized
20under this Act, the seizing agency shall promptly conduct an
21inventory of the seized property, estimate the property's
22value, and shall forward a copy of the inventory of seized
23property and the estimate of the property's value to the
24Director. Upon receiving notice of seizure, the Director may:
25        (1) place the property under seal;
26        (2) remove the property to a place designated by him;

 

 

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

 

 

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

 

 

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

 

 

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1            (III) the seizure took place within the
2        geographical limits of the municipality; and
3            (IV) the funds are used only for the enforcement of
4        laws governing cannabis and controlled substances; for
5        public education in the community or schools in the
6        prevention or detection of the abuse of drugs or
7        alcohol; or for security cameras used for the
8        prevention or detection of violence or the
9        establishment of a municipal police force, including
10        the training of officers, construction of a police
11        station, the purchase of law enforcement equipment, or
12        vehicles.
13        (2)(i) 12.5% shall be distributed to the Office of the
14    State's Attorney of the county in which the prosecution
15    resulting in the forfeiture was instituted, deposited in a
16    special fund in the county treasury and appropriated to 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. In
24    counties over 3,000,000 population, 25% will be
25    distributed to the Office of the State's Attorney for use
26    in the enforcement of laws governing cannabis and

 

 

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1    controlled substances; for public education in the
2    community or schools in the prevention or detection of the
3    abuse of drugs or alcohol; , or at the discretion of the
4    State's Attorney, in addition to other authorized
5    purposes, to make grants to local substance abuse treatment
6    facilities and half-way houses. If the prosecution is
7    undertaken solely by the Attorney General, the portion
8    provided hereunder shall be distributed to the Attorney
9    General for use in the enforcement of laws governing
10    cannabis and controlled substances.
11        (ii) 12.5% shall be distributed to the Office of the
12    State's Attorneys Appellate Prosecutor and deposited in
13    the Narcotics Profit Forfeiture Fund of that Office to be
14    used for additional expenses incurred in the
15    investigation, prosecution and appeal of cases arising
16    under laws governing cannabis and controlled substances or
17    for public education in the community or schools in the
18    prevention or detection of the abuse of drugs or alcohol.
19    The Office of the State's Attorneys Appellate Prosecutor
20    shall not receive distribution from cases brought in
21    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 seized and forfeited property.
25(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813,
26eff. 7-13-12; 97-985, eff. 1-1-13.)
 

 

 

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1    Section 10. The Illinois Controlled Substances Act is
2amended by changing Section 505 as follows:
 
3    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
4    Sec. 505. (a) The following are subject to forfeiture:
5        (1) all substances which have been manufactured,
6    distributed, dispensed, or possessed in violation of this
7    Act;
8        (2) all raw materials, products and equipment of any
9    kind which are used, or intended for use in manufacturing,
10    distributing, dispensing, administering or possessing any
11    substance in violation of this Act;
12        (3) all conveyances, including aircraft, vehicles or
13    vessels, which are used, or intended for use, to transport,
14    or in any manner to facilitate the transportation, sale,
15    receipt, possession, or concealment of property described
16    in paragraphs (1) and (2), but:
17            (i) no conveyance used by any person as a common
18        carrier in the transaction of business as a common
19        carrier is subject to forfeiture under this Section
20        unless it appears that the owner or other person in
21        charge of the conveyance is a consenting party or privy
22        to a violation of this Act;
23            (ii) no conveyance is subject to forfeiture under
24        this Section by reason of any act or omission which the

 

 

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1        owner proves to have been committed or omitted without
2        his or her knowledge or consent;
3            (iii) a forfeiture of a conveyance encumbered by a
4        bona fide security interest is subject to the interest
5        of the secured party if he or she neither had knowledge
6        of nor consented to the act or omission;
7        (4) all money, things of value, books, records, and
8    research products and materials including formulas,
9    microfilm, tapes, and data which are used, or intended to
10    be used in violation of this Act;
11        (5) everything of value furnished, or intended to be
12    furnished, in exchange for a substance in violation of this
13    Act, all proceeds traceable to such an exchange, and all
14    moneys, negotiable instruments, and securities used, or
15    intended to be used, to commit or in any manner to
16    facilitate any violation of this Act;
17        (6) all real property, including any right, title, and
18    interest (including, but not limited to, any leasehold
19    interest or the beneficial interest in a land trust) in the
20    whole of any lot or tract of land and any appurtenances or
21    improvements, which is used or intended to be used, in any
22    manner or part, to commit, or in any manner to facilitate
23    the commission of, any violation or act that constitutes a
24    violation of Section 401 or 405 of this Act or that is the
25    proceeds of any violation or act that constitutes a
26    violation of Section 401 or 405 of this Act.

 

 

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1    (b) Property subject to forfeiture under this Act may be
2seized by the Director or any peace officer upon process or
3seizure warrant issued by any court having jurisdiction over
4the property. Seizure by the Director or any peace officer
5without process may be made:
6        (1) if the seizure is incident to inspection under an
7    administrative inspection warrant;
8        (2) if the property subject to seizure has been the
9    subject of a prior judgment in favor of the State in a
10    criminal proceeding, or in an injunction or forfeiture
11    proceeding based upon this Act or the Drug Asset Forfeiture
12    Procedure Act;
13        (3) if there is probable cause to believe that the
14    property is directly or indirectly dangerous to health or
15    safety;
16        (4) if there is probable cause to believe that the
17    property is subject to forfeiture under this Act and the
18    property is seized under circumstances in which a
19    warrantless seizure or arrest would be reasonable; or
20        (5) in accordance with the Code of Criminal Procedure
21    of 1963.
22    (c) In the event of seizure pursuant to subsection (b),
23notice shall be given forthwith to all known interest holders
24that forfeiture proceedings, including a preliminary review,
25shall be instituted in accordance with the Drug Asset
26Forfeiture Procedure Act and such proceedings shall thereafter

 

 

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1be instituted in accordance with that Act. Upon a showing of
2good cause, the notice required for a preliminary review under
3this Section may be postponed.
4    (d) Property taken or detained under this Section shall not
5be subject to replevin, but is deemed to be in the custody of
6the Director subject only to the order and judgments of the
7circuit court having jurisdiction over the forfeiture
8proceedings and the decisions of the State's Attorney under the
9Drug Asset Forfeiture Procedure Act. When property is seized
10under this Act, the seizing agency shall promptly conduct an
11inventory of the seized property and estimate the property's
12value, and shall forward a copy of the inventory of seized
13property and the estimate of the property's value to the
14Director. Upon receiving notice of seizure, the Director may:
15        (1) place the property under seal;
16        (2) remove the property to a place designated by the
17    Director;
18        (3) keep the property in the possession of the seizing
19    agency;
20        (4) remove the property to a storage area for
21    safekeeping or, if the property is a negotiable instrument
22    or money and is not needed for evidentiary purposes,
23    deposit it in an interest bearing account;
24        (5) place the property under constructive seizure by
25    posting notice of pending forfeiture on it, by giving
26    notice of pending forfeiture to its owners and interest

 

 

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1    holders, or by filing notice of pending forfeiture in any
2    appropriate public record relating to the property; or
3        (6) provide for another agency or custodian, including
4    an owner, secured party, or lienholder, to take custody of
5    the property upon the terms and conditions set by the
6    Director.
7    (e) If the Department of Financial and Professional
8Regulation suspends or revokes a registration, all controlled
9substances owned or possessed by the registrant at the time of
10suspension or the effective date of the revocation order may be
11placed under seal by the Director. No disposition may be made
12of substances under seal until the time for taking an appeal
13has elapsed or until all appeals have been concluded unless a
14court, upon application therefor, orders the sale of perishable
15substances and the deposit of the proceeds of the sale with the
16court. Upon a suspension or revocation order becoming final,
17all substances may be forfeited to the Illinois State Police.
18    (f) When property is forfeited under this Act the Director
19shall sell all such property unless such property is required
20by law to be destroyed or is harmful to the public, and shall
21distribute the proceeds of the sale, together with any moneys
22forfeited or seized, in accordance with subsection (g).
23However, upon the application of the seizing agency or
24prosecutor who was responsible for the investigation, arrest or
25arrests and prosecution which lead to the forfeiture, the
26Director may return any item of forfeited property to the

 

 

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1seizing agency or prosecutor for official use in the
2enforcement of laws relating to cannabis or controlled
3substances, if the agency or prosecutor can demonstrate that
4the item requested would be useful to the agency or prosecutor
5in their enforcement efforts. When any forfeited conveyance,
6including an aircraft, vehicle, or vessel, is returned to the
7seizing agency or prosecutor, the conveyance may be used
8immediately in the enforcement of the criminal laws of this
9State. Upon disposal, all proceeds from the sale of the
10conveyance must be used for drug enforcement purposes. When any
11real property returned to the seizing agency is sold by the
12agency or its unit of government, the proceeds of the sale
13shall be delivered to the Director and distributed in
14accordance with subsection (g).
15    (g) All monies and the sale proceeds of all other property
16forfeited and seized under this Act shall be distributed as
17follows:
18        (1)(i) 65% shall be distributed to the metropolitan
19    enforcement group, local, municipal, county, or state law
20    enforcement agency or agencies which conducted or
21    participated in the investigation resulting in the
22    forfeiture. The distribution shall bear a reasonable
23    relationship to the degree of direct participation of the
24    law enforcement agency in the effort resulting in the
25    forfeiture, taking into account the total value of the
26    property forfeited and the total law enforcement effort

 

 

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

 

 

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

 

 

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1    State's Attorney, in addition to other authorized
2    purposes, to make grants to local substance abuse treatment
3    facilities and half-way houses. If the prosecution is
4    undertaken solely by the Attorney General, the portion
5    provided hereunder shall be distributed to the Attorney
6    General for use in the enforcement of laws governing
7    cannabis and controlled substances or for public education
8    in the community or schools in the prevention or detection
9    of the abuse of drugs or alcohol.
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 or
16    for public education in the community or schools in the
17    prevention or detection of the abuse of drugs or alcohol.
18    The Office of the State's Attorneys Appellate Prosecutor
19    shall not receive distribution from cases brought in
20    counties with over 3,000,000 population.
21        (3) 10% shall be retained by the Department of State
22    Police for expenses related to the administration and sale
23    of seized and forfeited property.
24    (h) Species of plants from which controlled substances in
25Schedules I and II may be derived which have been planted or
26cultivated in violation of this Act, or of which the owners or

 

 

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1cultivators are unknown, or which are wild growths, may be
2seized and summarily forfeited to the State. The failure, upon
3demand by the Director or any peace officer, of the person in
4occupancy or in control of land or premises upon which the
5species of plants are growing or being stored, to produce
6registration, or proof that he or she is the holder thereof,
7constitutes authority for the seizure and forfeiture of the
8plants.
9(Source: P.A. 97-253, eff. 1-1-12; 97-334, eff. 1-1-12; 97-544,
10eff. 1-1-12; 97-813, eff. 7-13-12; 97-985, eff. 1-1-13.)
 
11    Section 15. The Methamphetamine Control and Community
12Protection Act is amended by changing Section 85 as follows:
 
13    (720 ILCS 646/85)
14    Sec. 85. Forfeiture.
15    (a) The following are subject to forfeiture:
16        (1) all substances containing methamphetamine which
17    have been produced, manufactured, delivered, or possessed
18    in violation of this Act;
19        (2) all methamphetamine manufacturing materials which
20    have been produced, delivered, or possessed in connection
21    with any substance containing methamphetamine in violation
22    of this Act;
23        (3) all conveyances, including aircraft, vehicles or
24    vessels, which are used, or intended for use, to transport,

 

 

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

 

 

SB0212 Engrossed- 21 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 22 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 23 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 24 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 25 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 26 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 27 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 28 -LRB099 03375 RLC 23383 b

1    Police for expenses related to the administration and sale
2    of seized and forfeited property.
3(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813,
4eff. 7-13-12; 97-985, eff. 1-1-13.)
 
5    Section 20. The Narcotics Profit Forfeiture Act is amended
6by changing Section 5 as follows:
 
7    (725 ILCS 175/5)  (from Ch. 56 1/2, par. 1655)
8    Sec. 5. (a) A person who commits the offense of narcotics
9racketeering shall:
10        (1) be guilty of a Class 1 felony; and
11        (2) be subject to a fine of up to $250,000.
12    A person who commits the offense of narcotics racketeering
13or who violates Section 3 of the Drug Paraphernalia Control Act
14shall forfeit to the State of Illinois: (A) any profits or
15proceeds and any property or property interest he has acquired
16or maintained in violation of this Act or Section 3 of the Drug
17Paraphernalia Control Act or has used to facilitate a violation
18of this Act that the court determines, after a forfeiture
19hearing, under subsection (b) of this Section to have been
20acquired or maintained as a result of narcotics racketeering or
21violating Section 3 of the Drug Paraphernalia Control Act, or
22used to facilitate narcotics racketeering; and (B) any interest
23in, security of, claim against, or property or contractual
24right of any kind affording a source of influence over, any

 

 

SB0212 Engrossed- 29 -LRB099 03375 RLC 23383 b

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

 

 

SB0212 Engrossed- 30 -LRB099 03375 RLC 23383 b

1        (2) there was no likely source for such property or
2    property interest other than the violation of this Act or
3    Section 3 of the Drug Paraphernalia Control Act.
4    (c) In an action brought by the People of the State of
5Illinois under this Act, wherein any restraining order,
6injunction or prohibition or any other action in connection
7with any property or property interest subject to forfeiture
8under this Act is sought, the circuit court which shall preside
9over the trial of the person or persons charged with narcotics
10racketeering as defined in Section 4 of this Act or violating
11Section 3 of the Drug Paraphernalia Control Act shall first
12determine whether there is probable cause to believe that the
13person or persons so charged has committed the offense of
14narcotics racketeering as defined in Section 4 of this Act or a
15violation of Section 3 of the Drug Paraphernalia Control Act
16and whether the property or property interest is subject to
17forfeiture pursuant to this Act.
18    In order to make such a determination, prior to entering
19any such order, the court shall conduct a hearing without a
20jury, wherein the People shall establish that there is: (i)
21probable cause that the person or persons so charged have
22committed the offense of narcotics racketeering or violating
23Section 3 of the Drug Paraphernalia Control Act and (ii)
24probable cause that any property or property interest may be
25subject to forfeiture pursuant to this Act. Such hearing may be
26conducted simultaneously with a preliminary hearing, if the

 

 

SB0212 Engrossed- 31 -LRB099 03375 RLC 23383 b

1prosecution is commenced by information or complaint, or by
2motion of the People, at any stage in the proceedings. The
3court may accept a finding of probable cause at a preliminary
4hearing following the filing of an information charging the
5offense of narcotics racketeering as defined in Section 4 of
6this Act or the return of an indictment by a grand jury
7charging the offense of narcotics racketeering as defined in
8Section 4 of this Act or after a charge is filed for violating
9Section 3 of the Drug Paraphernalia Control Act as sufficient
10evidence of probable cause as provided in item (i) above.
11    Upon such a finding, the circuit court shall enter such
12restraining order, injunction or prohibition, or shall take
13such other action in connection with any such property or
14property interest subject to forfeiture under this Act, as is
15necessary to insure that such property is not removed from the
16jurisdiction of the court, concealed, destroyed or otherwise
17disposed of by the owner of that property or property interest
18prior to a forfeiture hearing under subsection (b) of this
19Section. The Attorney General or State's Attorney shall file a
20certified copy of such restraining order, injunction or other
21prohibition with the recorder of deeds or registrar of titles
22of each county where any such property of the defendant may be
23located. No such injunction, restraining order or other
24prohibition shall affect the rights of any bona fide purchaser,
25mortgagee, judgment creditor or other lien holder arising prior
26to the date of such filing.

 

 

SB0212 Engrossed- 32 -LRB099 03375 RLC 23383 b

1    The court may, at any time, upon verified petition by the
2defendant, conduct a hearing to release all or portions of any
3such property or interest which the court previously determined
4to be subject to forfeiture or subject to any restraining
5order, injunction, or prohibition or other action. The court
6may release such property to the defendant for good cause shown
7and within the sound discretion of the court.
8    (d) Prosecution under this Act may be commenced by the
9Attorney General or a State's Attorney.
10    (e) Upon an order of forfeiture being entered pursuant to
11subsection (b) of this Section, the court shall authorize the
12Attorney General to seize any property or property interest
13declared forfeited under this Act and under such terms and
14conditions as the court shall deem proper. Any property or
15property interest that has been the subject of an entered
16restraining order, injunction or prohibition or any other
17action filed under subsection (c) shall be forfeited unless the
18claimant can show by a preponderance of the evidence that the
19property or property interest has not been acquired or
20maintained as a result of narcotics racketeering or has not
21been used to facilitate narcotics racketeering.
22    (f) The Attorney General or his designee is authorized to
23sell all property forfeited and seized pursuant to this Act,
24unless such property is required by law to be destroyed or is
25harmful to the public, and, after the deduction of all
26requisite expenses of administration and sale, shall

 

 

SB0212 Engrossed- 33 -LRB099 03375 RLC 23383 b

1distribute the proceeds of such sale, along with any moneys
2forfeited or seized, in accordance with subsection (g) or (h),
3whichever is applicable.
4    (g) All monies and the sale proceeds of all other property
5forfeited and seized pursuant to this Act shall be distributed
6as follows:
7        (1) An amount equal to 50% shall be distributed to the
8    unit of local government whose officers or employees
9    conducted the investigation into narcotics racketeering
10    and caused the arrest or arrests and prosecution leading to
11    the forfeiture. Amounts distributed to units of local
12    government shall be used for enforcement of laws governing
13    narcotics activity or for public education in the community
14    or schools in the prevention or detection of the abuse of
15    drugs or alcohol. In the event, however, that the
16    investigation, arrest or arrests and prosecution leading
17    to the forfeiture were undertaken solely by a State agency,
18    the portion provided hereunder shall be paid into the Drug
19    Traffic Prevention Fund in the State treasury to be used
20    for enforcement of laws governing narcotics activity.
21        (2) An amount equal to 12.5% shall be distributed to
22    the county in which the prosecution resulting in the
23    forfeiture was instituted, deposited in a special fund in
24    the county treasury and appropriated to the State's
25    Attorney for use in the enforcement of laws governing
26    narcotics activity or for public education in the community

 

 

SB0212 Engrossed- 34 -LRB099 03375 RLC 23383 b

1    or schools in the prevention or detection of the abuse of
2    drugs or alcohol.
3        An amount equal to 12.5% shall be distributed to the
4    Office of the State's Attorneys Appellate Prosecutor and
5    deposited in the Narcotics Profit Forfeiture Fund, which is
6    hereby created in the State treasury, to be used by the
7    Office of the State's Attorneys Appellate Prosecutor for
8    additional expenses incurred in prosecuting appeals
9    arising under this Act. Any amounts remaining in the Fund
10    after all additional expenses have been paid shall be used
11    by the Office to reduce the participating county
12    contributions to the Office on a pro-rated basis as
13    determined by the board of governors of the Office of the
14    State's Attorneys Appellate Prosecutor based on the
15    populations of the participating counties.
16        (3) An amount equal to 25% shall be paid into the Drug
17    Traffic Prevention Fund in the State treasury to be used by
18    the Department of State Police for funding Metropolitan
19    Enforcement Groups created pursuant to the
20    Intergovernmental Drug Laws Enforcement Act. Any amounts
21    remaining in the Fund after full funding of Metropolitan
22    Enforcement Groups shall be used for enforcement, by the
23    State or any unit of local government, of laws governing
24    narcotics activity or for public education in the community
25    or schools in the prevention or detection of the abuse of
26    drugs or alcohol.

 

 

SB0212 Engrossed- 35 -LRB099 03375 RLC 23383 b

1    (h) Where the investigation or indictment for the offense
2of narcotics racketeering or a violation of Section 3 of the
3Drug Paraphernalia Control Act has occurred under the
4provisions of the Statewide Grand Jury Act, all monies and the
5sale proceeds of all other property shall be distributed as
6follows:
7        (1) 60% shall be distributed to the metropolitan
8    enforcement group, local, municipal, county, or State law
9    enforcement agency or agencies which conducted or
10    participated in the investigation resulting in the
11    forfeiture. The distribution shall bear a reasonable
12    relationship to the degree of direct participation of the
13    law enforcement agency in the effort resulting in the
14    forfeiture, taking into account the total value of the
15    property forfeited and the total law enforcement effort
16    with respect to the violation of the law on which the
17    forfeiture is based. Amounts distributed to the agency or
18    agencies shall be used for the enforcement of laws
19    governing cannabis and controlled substances or for public
20    education in the community or schools in the prevention or
21    detection of the abuse of drugs or alcohol.
22        (2) 25% shall be distributed by the Attorney General as
23    grants to drug education, treatment and prevention
24    programs licensed or approved by the Department of Human
25    Services. In making these grants, the Attorney General
26    shall take into account the plans and service priorities

 

 

SB0212 Engrossed- 36 -LRB099 03375 RLC 23383 b

1    of, and the needs identified by, the Department of Human
2    Services.
3        (3) 15% shall be distributed to the Attorney General
4    and the State's Attorney, if any, participating in the
5    prosecution resulting in the forfeiture. The distribution
6    shall bear a reasonable relationship to the degree of
7    direct participation in the prosecution of the offense,
8    taking into account the total value of the property
9    forfeited and the total amount of time spent in preparing
10    and presenting the case, the complexity of the case and
11    other similar factors. Amounts distributed to the Attorney
12    General under this paragraph shall be retained in a fund
13    held by the State Treasurer as ex-officio custodian to be
14    designated as the Statewide Grand Jury Prosecution Fund and
15    paid out upon the direction of the Attorney General for
16    expenses incurred in criminal prosecutions arising under
17    the Statewide Grand Jury Act. Amounts distributed to a
18    State's Attorney shall be deposited in a special fund in
19    the county treasury and appropriated to the State's
20    Attorney for use in the enforcement of laws governing
21    narcotics activity or for public education in the community
22    or schools in the prevention or detection of the abuse of
23    drugs or alcohol.
24    (i) All monies deposited pursuant to this Act in the Drug
25Traffic Prevention Fund established under Section 5-9-1.2 of
26the Unified Code of Corrections are appropriated, on a

 

 

SB0212 Engrossed- 37 -LRB099 03375 RLC 23383 b

1continuing basis, to the Department of State Police to be used
2for funding Metropolitan Enforcement Groups created pursuant
3to the Intergovernmental Drug Laws Enforcement Act or otherwise
4for the enforcement of laws governing narcotics activity or for
5public education in the community or schools in the prevention
6or detection of the abuse of drugs or alcohol.
7(Source: P.A. 89-507, eff. 7-1-97.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.