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Full Text of SB2342  100th General Assembly

SB2342ham001 100TH GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 11/21/2018

 

 


 

 


 
10000SB2342ham001LRB100 17956 SLF 43486 a

1
AMENDMENT TO SENATE BILL 2342

2    AMENDMENT NO. ______. Amend Senate Bill 2342 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Seizure and Forfeiture Reporting Act is
5amended by changing Section 20 as follows:
 
6    (5 ILCS 810/20)
7    Sec. 20. Applicability. This Act and the changes made to
8this Act by Public Act 100-699 this amendatory Act of the 100th
9General Assembly only apply to property seized on and after
10July 1, 2018.
11(Source: P.A. 100-699, eff. 8-3-18.)
 
12    Section 10. The Illinois Food, Drug and Cosmetic Act is
13amended by changing Section 3.23 as follows:
 
14    (410 ILCS 620/3.23)

 

 

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

 

 

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

 

 

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1    distributing, dispensing, administering, or possessing any
2    substance in violation of this Section;
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 any substance
7    manufactured, distributed, dispensed, or possessed in
8    violation of this Section or property described in
9    paragraph (2) of this subsection (c), but:
10            (A) 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 the violation;
16            (B) 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; and
20            (C) 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 that are used, or intended to be

 

 

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1    used, in violation of this Section;
2        (5) everything of value furnished, or intended to be
3    furnished, in exchange for a substance in violation of this
4    Section, all proceeds traceable to such an exchange, and
5    all moneys, negotiable instruments, and securities used,
6    or intended to be used, to commit or in any manner to
7    facilitate any violation of this Section; and
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 Section or that is the proceeds of any
16    violation or act that constitutes a violation of this
17    Section.
18    (d) Property subject to forfeiture under this Act may be
19seized under the Drug Asset Forfeiture Procedure Act. In the
20event of seizure, forfeiture proceedings shall be instituted
21under the Drug Asset Forfeiture Procedure Act.
22    (e) Forfeiture under this Act is subject to an 8th
23Amendment to the United States Constitution disproportionate
24penalties analysis as provided under Section 9.5 of the Drug
25Asset Forfeiture Procedure Act.
26    (f) With regard to possession of legend drug offenses only,

 

 

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1a sum of currency with a value of less than $500 shall not be
2subject to forfeiture under this Act. For all other offenses
3under this Act, a sum of currency with a value of less than
4$100 shall not be subject to forfeiture under this Act. In
5seizures of currency in excess of these amounts, this Section
6shall not create an exemption for these amounts.
7    (f-5) For felony offenses involving possession of legend
8drug only, no property shall be subject to forfeiture under
9this Act because of the possession of less than 2 single unit
10doses of a legend drug. This exemption shall not apply in
11instances when the possessor, or another person at the
12direction of the possessor, is engaged in the destruction of
13any amount of a legend drug. The amount of a single unit dose
14shall be the State's burden to prove in its case in chief.
15    (g) If the Department suspends or revokes a registration,
16all legend drugs owned or possessed by the registrant at the
17time of suspension or the effective date of the revocation
18order may be placed under seal. No disposition may be made of
19substances under seal until the time for taking an appeal has
20elapsed or until all appeals have been concluded unless a
21court, upon application therefor, orders the sale of perishable
22substances and the deposit of the proceeds of the sale with the
23court. Upon a revocation rule becoming final, all substances
24are subject to seizure and forfeiture under the Drug Asset
25Forfeiture Procedure Act.
26    (h) (Blank).

 

 

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1    (i) (Blank).
2    (j) Contraband, including legend drugs possessed without a
3prescription or other authorization under State or federal law,
4is not subject to forfeiture. No property right exists in
5contraband. Contraband is subject to seizure and shall be
6disposed of according to State law.
7    (k) The changes made to this Section by Public Act 100-512
8100-0512 and Public Act 100-699 this amendatory Act of the
9100th General Assembly only apply to property seized on and
10after July 1, 2018.
11(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
12    Section 15. The Criminal Code of 2012 is amended by
13changing Sections 29B-0.5, 29B-1, 29B-2, 29B-5, 29B-7, 29B-10,
1429B-12, 29B-13, 29B-14, 29B-17, 29B-21, 29B-22, 29B-26,
1529B-27, 36-1.3, 36-1.4, 36-1.5, 36-2, 36-2.1, 36-2.5, and 36-10
16as follows:
 
17    (720 ILCS 5/29B-0.5)
18    Sec. 29B-0.5. Definitions. In this Article:
19    "Conduct" or "conducts" includes, in addition to its
20ordinary meaning, initiating, concluding, or participating in
21initiating or concluding a transaction.
22    "Criminally derived property" means: (1) any property,
23real or personal, constituting or derived from proceeds
24obtained, directly or indirectly, from activity that

 

 

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1constitutes a felony under State, federal, or foreign law; or
2(2) any property represented to be property constituting or
3derived from proceeds obtained, directly or indirectly, from
4activity that constitutes a felony under State, federal, or
5foreign law.
6    "Department" means the Department of State Police of this
7State or its successor agency.
8    "Director" means the Director of State Police or his or her
9designated agents.
10    "Financial institution" means any bank; savings saving and
11loan association; trust company; agency or branch of a foreign
12bank in the United States; currency exchange; credit union;
13mortgage banking institution; pawnbroker; loan or finance
14company; operator of a credit card system; issuer, redeemer, or
15cashier of travelers checks, checks, or money orders; dealer in
16precious metals, stones, or jewels; broker or dealer in
17securities or commodities; investment banker; or investment
18company.
19    "Financial transaction" means a purchase, sale, loan,
20pledge, gift, transfer, delivery, or other disposition
21utilizing criminally derived property, and with respect to
22financial institutions, includes a deposit, withdrawal,
23transfer between accounts, exchange of currency, loan,
24extension of credit, purchase or sale of any stock, bond,
25certificate of deposit or other monetary instrument, use of
26safe deposit box, or any other payment, transfer or delivery

 

 

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1by, through, or to a financial institution. "Financial
2transaction" also means a transaction which without regard to
3whether the funds, monetary instruments, or real or personal
4property involved in the transaction are criminally derived,
5any transaction which in any way or degree: (1) involves the
6movement of funds by wire or any other means; (2) involves one
7or more monetary instruments; or (3) the transfer of title to
8any real or personal property. The receipt by an attorney of
9bona fide fees for the purpose of legal representation is not a
10financial transaction for purposes of this Article.
11    "Form 4-64" means the Illinois State Police
12Notice/Inventory of Seized Property (Form 4-64).
13    "Knowing that the property involved in a financial
14transaction represents the proceeds of some form of unlawful
15activity" means that the person knew the property involved in
16the transaction represented proceeds from some form, though not
17necessarily which form, of activity that constitutes a felony
18under State, federal, or foreign law.
19    "Monetary instrument" means United States coins and
20currency; coins and currency of a foreign country; travelers
21checks; personal checks, bank checks, and money orders;
22investment securities; bearer negotiable instruments; bearer
23investment securities; or bearer securities and certificates
24of stock in a form that title passes upon delivery.
25    "Specified criminal activity" means any violation of
26Section 29D-15.1 and any violation of Article 29D of this Code.

 

 

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1    "Transaction reporting requirement under State law" means
2any violation as defined under the Currency Reporting Act.
3(Source: P.A. 100-699, eff. 8-3-18.)
 
4    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)
5    Sec. 29B-1. Money laundering.
6    (a) A person commits the offense of money laundering:
7        (1) when, knowing that the property involved in a
8    financial transaction represents the proceeds of some form
9    of unlawful activity, he or she conducts or attempts to
10    conduct the financial transaction which in fact involves
11    criminally derived property:
12            (A) with the intent to promote the carrying on of
13        the unlawful activity from which the criminally
14        derived property was obtained; or
15            (B) where he or she knows or reasonably should know
16        that the financial transaction is designed in whole or
17        in part:
18                (i) to conceal or disguise the nature, the
19            location, the source, the ownership or the control
20            of the criminally derived property; or
21                (ii) to avoid a transaction reporting
22            requirement under State law; or
23        (1.5) when he or she transports, transmits, or
24    transfers, or attempts to transport, transmit, or transfer
25    a monetary instrument:

 

 

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1            (A) with the intent to promote the carrying on of
2        the unlawful activity from which the criminally
3        derived property was obtained; or
4            (B) knowing, or having reason to know, that the
5        financial transaction is designed in whole or in part:
6                (i) to conceal or disguise the nature, the
7            location, the source, the ownership or the control
8            of the criminally derived property; or
9                (ii) to avoid a transaction reporting
10            requirement under State law; or
11        (2) when, with the intent to:
12            (A) promote the carrying on of a specified criminal
13        activity as defined in this Article; or
14            (B) conceal or disguise the nature, location,
15        source, ownership, or control of property believed to
16        be the proceeds of a specified criminal activity as
17        defined in this Article; or
18            (C) avoid a transaction reporting requirement
19        under State law,
20    he or she conducts or attempts to conduct a financial
21    transaction involving property he or she believes to be the
22    proceeds of specified criminal activity or property used to
23    conduct or facilitate specified criminal activity as
24    defined in this Article.
25    (b) (Blank).
26    (c) Sentence.

 

 

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1        (1) Laundering of criminally derived property of a
2    value not exceeding $10,000 is a Class 3 felony;
3        (2) Laundering of criminally derived property of a
4    value exceeding $10,000 but not exceeding $100,000 is a
5    Class 2 felony;
6        (3) Laundering of criminally derived property of a
7    value exceeding $100,000 but not exceeding $500,000 is a
8    Class 1 felony;
9        (4) Money laundering in violation of subsection (a)(2)
10    of this Section is a Class X felony;
11        (5) Laundering of criminally derived property of a
12    value exceeding $500,000 is a Class 1 non-probationable
13    felony;
14        (6) In a prosecution under clause (a)(1.5)(B)(ii) of
15    this Section, the sentences are as follows:
16            (A) Laundering of property of a value not exceeding
17        $10,000 is a Class 3 felony;
18            (B) Laundering of property of a value exceeding
19        $10,000 but not exceeding $100,000 is a Class 2 felony;
20            (C) Laundering of property of a value exceeding
21        $100,000 but not exceeding $500,000 is a Class 1
22        felony;
23            (D) Laundering of property of a value exceeding
24        $500,000 is a Class 1 non-probationable felony.
25        Substance Use Disorder Act.
26(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18;

 

 

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1100-699, eff. 8-3-18; 100-759, eff. 1-1-19; revised 10-3-18.)
 
2    (720 ILCS 5/29B-2)
3    Sec. 29B-2. Evidence in money laundering prosecutions. In a
4prosecution under this Article, either party may introduce the
5following evidence pertaining to the issue of whether the
6property or proceeds were known to be some form of criminally
7derived property or from some form of unlawful activity:
8        (1) a financial transaction was conducted or
9    structured or attempted in violation of the reporting
10    requirements of any State or federal law;
11        (2) a financial transaction was conducted or attempted
12    with the use of a false or fictitious name or a forged
13    instrument;
14        (3) a falsely altered or completed written instrument
15    or a written instrument that contains any materially false
16    personal identifying information was made, used, offered,
17    or presented, whether accepted or not, in connection with a
18    financial transaction;
19        (4) a financial transaction was structured or
20    attempted to be structured so as to falsely report the
21    actual consideration or value of the transaction;
22        (5) a money transmitter, a person engaged in a trade or
23    business, or any employee of a money transmitter or a
24    person engaged in a trade or business, knows or reasonably
25    should know that false personal identifying information

 

 

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1    has been presented and incorporates the false personal
2    identifying information into any report or record;
3        (6) the criminally derived property is transported or
4    possessed in a fashion inconsistent with the ordinary or
5    usual means of transportation or possession of the property
6    and where the property is discovered in the absence of any
7    documentation or other indicia of legitimate origin or
8    right to the property;
9        (7) a person pays or receives substantially less than
10    face value for one or more monetary instruments; or
11        (8) a person engages in a transaction involving one or
12    more monetary instruments, where the physical condition or
13    form of the monetary instrument or instruments makes it
14    apparent that they are not the product of bona fide
15    business or financial transactions.
16(Source: P.A. 100-699, eff. 8-3-18.)
 
17    (720 ILCS 5/29B-5)
18    Sec. 29B-5. Property subject to forfeiture. The following
19are subject to forfeiture:
20        (1) any property, real or personal, constituting,
21    derived from, or traceable to any proceeds the person
22    obtained, directly or indirectly, as a result of a
23    violation of this Article;
24        (2) any of the person's property used, or intended to
25    be used, in any manner or part, to commit, or to facilitate

 

 

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

 

 

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1    the commission of, any violation of this Article or that is
2    the proceeds of any violation or act that constitutes a
3    violation of this Article.
4(Source: P.A. 100-699, eff. 8-3-18.)
 
5    (720 ILCS 5/29B-7)
6    Sec. 29B-7. Safekeeping of seized property pending
7disposition.
8    (a) If property is seized under this Article, the seizing
9agency shall promptly conduct an inventory of the seized
10property and estimate the property's value and shall forward a
11copy of the inventory of seized property and the estimate of
12the property's value to the Director. Upon receiving notice of
13seizure, the Director may:
14        (1) place the property under seal;
15        (2) remove the property to a place designated by the
16    Director;
17        (3) keep the property in the possession of the seizing
18    agency;
19        (4) remove the property to a storage area for
20    safekeeping or, if the property is a negotiable instrument
21    or money and is not needed for evidentiary purposes,
22    deposit it in an interest bearing account;
23        (5) place the property under constructive seizure by
24    posting notice of pending forfeiture on it, by giving
25    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    (b) When property is forfeited under this Article, the
8Director shall sell all the property unless the property is
9required by law to be destroyed or is harmful to the public,
10and shall distribute the proceeds of the sale, together with
11any moneys forfeited or seized, under Section 29B-26 of this
12Article.
13(Source: P.A. 100-699, eff. 8-3-18.)
 
14    (720 ILCS 5/29B-10)
15    Sec. 29B-10. Notice to owner or interest holder.
16    (a) The first attempted service of notice shall be
17commenced within 28 days of the latter of filing of the
18verified claim or the receipt of the notice from the seizing
19agency by Form 4-64. A complaint for forfeiture or a notice of
20pending forfeiture shall be served on a claimant if the owner's
21or interest holder's name and current address are known, then
22by either: (1) personal service; or (2) mailing a copy of the
23notice by certified mail, return receipt requested, and first
24class mail to that address.
25    (b) If no signed return receipt is received by the State's

 

 

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1Attorney within 28 days of mailing or no communication from the
2owner or interest holder is received by the State's Attorney
3documenting actual notice by the parties, the State's Attorney
4shall, within a reasonable period of time, mail a second copy
5of the notice by certified mail, return receipt requested, and
6first class mail to that address. If no signed return receipt
7is received by the State's Attorney within 28 days of the
8second mailing, or no communication from the owner or interest
9holder is received by the State's Attorney documenting actual
10notice by the parties, the State's Attorney shall have 60 days
11to attempt to serve the notice by personal service, including
12substitute service by leaving a copy at the usual place of
13abode with some person of the family or a person residing
14there, of the age of 13 years or upwards. If, after 3 attempts
15at service in this manner, no service of the notice is
16accomplished, the notice shall be posted in a conspicuous
17manner at the address and service shall be made by the posting.
18The attempts at service and the posting, if required, shall be
19documented by the person attempting service which shall be made
20part of a return of service returned to the State's Attorney.
21The State's Attorney may utilize any Sheriff or Deputy Sheriff,
22a peace officer, a private process server or investigator, or
23an employee, agent, or investigator of the State's Attorney's
24Office to attempt service without seeking leave of court.
25    (c) After the procedures listed are followed, service shall
26be effective on the owner or interest holder on the date of

 

 

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1receipt by the State's Attorney of a return receipt, or on the
2date of receipt of a communication from an owner or interest
3holder documenting actual notice, whichever is first in time,
4or on the date of the last act performed by the State's
5Attorney in attempting personal service. For purposes of notice
6under this Section, if a person has been arrested for the
7conduct giving rise to the forfeiture, the address provided to
8the arresting agency at the time of arrest shall be deemed to
9be that person's known address. Provided, however, if an owner
10or interest holder's address changes prior to the effective
11date of the notice of pending forfeiture, the owner or interest
12holder shall promptly notify the seizing agency of the change
13in address or, if the owner or interest holder's address
14changes subsequent to the effective date of the notice of
15pending forfeiture, the owner or interest holder shall promptly
16notify the State's Attorney of the change in address. If the
17property seized is a conveyance, notice shall also be directed
18to the address reflected in the office of the agency or
19official in which title to or interest in the conveyance is
20required by law to be recorded.
21    (d) If the owner's or interest holder's address is not
22known, and is not on record as provided in this Section,
23service by publication for 3 successive weeks in a newspaper of
24general circulation in the county in which the seizure occurred
25shall suffice for service requirements.
26    (e) Notice to any business entity, corporation, limited

 

 

10000SB2342ham001- 20 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 21 -LRB100 17956 SLF 43486 a

1will accept service, the complaint shall be served and notice
2shall be complete upon the mailing of the complaint to the
3claimant at the address the claimant provided via certified
4mail, return receipt requested, and first class mail. No return
5receipt need be received, or any other attempts at service need
6be made to comply with service and notice requirements under
7this Section. This certified mailing, return receipt
8requested, shall be proof of service of the complaint on the
9claimant. If notice is to be shown by actual notice from
10communication with a claimant, then the State's Attorney shall
11file an affidavit as proof of service, providing details of the
12communication, which shall be accepted as proof of service by
13the court.
14    (j) If the property seized is a conveyance, notice shall
15also be directed to the address reflected in the office of the
16agency or official in which title to or interest in the
17conveyance is required by law to be recorded, then by mailing a
18copy of the notice by certified mail, return receipt requested,
19to that address.
20    (k) Notice served under this Article is effective upon
21personal service, the last date of publication, or the mailing
22of written notice, whichever is earlier.
23(Source: P.A. 100-699, eff. 8-3-18.)
 
24    (720 ILCS 5/29B-12)
25    Sec. 29B-12. Non-judicial forfeiture. If non-real

 

 

10000SB2342ham001- 22 -LRB100 17956 SLF 43486 a

1property that exceeds $20,000 in value excluding the value of
2any conveyance, or if real property is seized under the
3provisions of this Article, the State's Attorney shall
4institute judicial in rem forfeiture proceedings as described
5in Section 29B-13 of this Article within 28 days from receipt
6of notice of seizure from the seizing agency under Section
729B-8 of this Article. However, if non-real property that does
8not exceed $20,000 in value excluding the value of any
9conveyance is seized, the following procedure shall be used:
10        (1) If, after review of the facts surrounding the
11    seizure, the State's Attorney is of the opinion that the
12    seized property is subject to forfeiture, then, within 28
13    days after the receipt of notice of seizure from the
14    seizing agency, the State's Attorney shall cause notice of
15    pending forfeiture to be given to the owner of the property
16    and all known interest holders of the property in
17    accordance with Section 29B-10 of this Article.
18        (2) The notice of pending forfeiture shall include a
19    description of the property, the estimated value of the
20    property, the date and place of seizure, the conduct giving
21    rise to forfeiture or the violation of law alleged, and a
22    summary of procedures and procedural rights applicable to
23    the forfeiture action.
24        (3)(A) Any person claiming an interest in property that
25    is the subject of notice under paragraph (1) of this
26    Section, must, in order to preserve any rights or claims to

 

 

10000SB2342ham001- 23 -LRB100 17956 SLF 43486 a

1    the property, within 45 days after the effective date of
2    notice as described in Section 29B-10 of this Article, file
3    a verified claim with the State's Attorney expressing his
4    or her interest in the property. The claim shall set forth:
5            (i) the caption of the proceedings as set forth on
6        the notice of pending forfeiture and the name of the
7        claimant;
8            (ii) the address at which the claimant will accept
9        mail;
10            (iii) the nature and extent of the claimant's
11        interest in the property;
12            (iv) the date, identity of the transferor, and
13        circumstances of the claimant's acquisition of the
14        interest in the property;
15            (v) the names and addresses of all other persons
16        known to have an interest in the property;
17            (vi) the specific provision of law relied on in
18        asserting the property is not subject to forfeiture;
19            (vii) all essential facts supporting each
20        assertion; and
21            (viii) the relief sought.
22        (B) If a claimant files the claim, then the State's
23    Attorney shall institute judicial in rem forfeiture
24    proceedings with the clerk of the court as described in
25    Section 29B-13 of this Article within 28 days after receipt
26    of the claim.

 

 

10000SB2342ham001- 24 -LRB100 17956 SLF 43486 a

1        (4) If no claim is filed within the 28-day period as
2    described in paragraph (3) of this Section, the State's
3    Attorney shall declare the property forfeited and shall
4    promptly notify the owner and all known interest holders of
5    the property and the Director of State Police of the
6    declaration of forfeiture and the Director shall dispose of
7    the property in accordance with law.
8(Source: P.A. 100-699, eff. 8-3-18.)
 
9    (720 ILCS 5/29B-13)
10    Sec. 29B-13. Judicial in rem procedures. If property seized
11under this Article is non-real property that exceeds $20,000 in
12value excluding the value of any conveyance, or is real
13property, or a claimant has filed a claim under paragraph (3)
14of Section 29B-12 of this Article, the following judicial in
15rem procedures shall apply:
16        (1) If, after a review of the facts surrounding the
17    seizure, the State's Attorney is of the opinion that the
18    seized property is subject to forfeiture, then, within 28
19    days of the receipt of notice of seizure by the seizing
20    agency or the filing of the claim, whichever is later, the
21    State's Attorney shall institute judicial forfeiture
22    proceedings by filing a verified complaint for forfeiture.
23    If authorized by law, a forfeiture shall be ordered by a
24    court on an action in rem brought by a State's Attorney
25    under a verified complaint for forfeiture.

 

 

10000SB2342ham001- 25 -LRB100 17956 SLF 43486 a

1        (2) A complaint of forfeiture shall include:
2            (A) a description of the property seized;
3            (B) the date and place of seizure of the property;
4            (C) the name and address of the law enforcement
5        agency making the seizure; and
6            (D) the specific statutory and factual grounds for
7        the seizure.
8        (3) The complaint shall be served upon the person from
9    whom the property was seized and all persons known or
10    reasonably believed by the State to claim an interest in
11    the property, as provided in Section 29B-10 of this
12    Article. The complaint shall be accompanied by the
13    following written notice:
14        "This is a civil court proceeding subject to the Code
15    of Civil Procedure. You received this Complaint of
16    Forfeiture because the State's Attorney's office has
17    brought a legal action seeking forfeiture of your seized
18    property. This complaint starts the court process where the
19    State seeks to prove that your property should be forfeited
20    and not returned to you. This process is also your
21    opportunity to try to prove to a judge that you should get
22    your property back. The complaint lists the date, time, and
23    location of your first court date. You must appear in court
24    on that day, or you may lose the case automatically. You
25    must also file an appearance and answer. If you are unable
26    to pay the appearance fee, you may qualify to have the fee

 

 

10000SB2342ham001- 26 -LRB100 17956 SLF 43486 a

1    waived. If there is a criminal case related to the seizure
2    of your property, your case may be set for trial after the
3    criminal case has been resolved. Before trial, the judge
4    may allow discovery, where the State can ask you to respond
5    in writing to questions and give them certain documents,
6    and you can make similar requests of the State. The trial
7    is your opportunity to explain what happened when your
8    property was seized and why you should get the property
9    back."
10        (4) Forfeiture proceedings under this Article shall be
11    subject to the Code of Civil Procedure and the rules of
12    evidence relating to civil actions shall apply to
13    proceedings under this Article with the following
14    exception. The parties shall be allowed to use, and the
15    court shall receive and consider, all relevant hearsay
16    evidence that relates to evidentiary foundation, chain of
17    custody, business records, recordings, laboratory
18    analysis, laboratory reports, and relevant hearsay related
19    to the use of technology in the investigation that resulted
20    in the seizure of property that is subject to the
21    forfeiture action.
22        (5) Only an owner of or interest holder in the property
23    may file an answer asserting a claim against the property
24    in the action in rem. For purposes of this Section, the
25    owner or interest holder shall be referred to as claimant.
26    Upon motion of the State, the court shall first hold a

 

 

10000SB2342ham001- 27 -LRB100 17956 SLF 43486 a

1    hearing, in which a claimant shall establish by a
2    preponderance of the evidence, that he or she has a lawful,
3    legitimate ownership interest in the property and that it
4    was obtained through a lawful source.
5        (6) The answer must be signed by the owner or interest
6    holder under penalty of perjury and shall set forth:
7            (A) the caption of the proceedings as set forth on
8        the notice of pending forfeiture and the name of the
9        claimant;
10            (B) the address at which the claimant will accept
11        mail;
12            (C) the nature and extent of the claimant's
13        interest in the property;
14            (D) the date, identity of transferor, and
15        circumstances of the claimant's acquisition of the
16        interest in the property;
17            (E) the names and addresses of all other persons
18        known to have an interest in the property;
19            (F) all essential facts supporting each assertion;
20            (G) the precise relief sought; and
21            (H) in a forfeiture action involving currency or
22        its equivalent, a claimant shall provide the State with
23        notice of his or her intent to allege that the currency
24        or its equivalent is not related to the alleged factual
25        basis for the forfeiture, and why. ; and
26        The (I) the answer shall follow the rules under the

 

 

10000SB2342ham001- 28 -LRB100 17956 SLF 43486 a

1    Code of Civil Procedure.
2        (7) The answer shall be filed with the court within 45
3    days after service of the civil in rem complaint.
4        (8) The hearing shall be held within 60 days after
5    filing of the answer unless continued for good cause.
6        (9) At the judicial in rem proceeding, in the State's
7    case in chief, the State shall show by a preponderance of
8    the evidence that the property is subject to forfeiture. If
9    the State makes such a showing, the claimant shall have the
10    burden of production to set forth evidence that the
11    property is not related to the alleged factual basis of the
12    forfeiture. After this production of evidence, the State
13    shall maintain the burden of proof to overcome this
14    assertion. A claimant shall provide the State notice of its
15    intent to allege that the currency or its equivalent is not
16    related to the alleged factual basis of the forfeiture and
17    why. As to conveyances, at the judicial in rem proceeding,
18    in its case in chief, the State shall show by a
19    preponderance of the evidence: , that
20            (A) that the property is subject to forfeiture; and
21            (B) at least one of the following:
22                (i) that the claimant was legally accountable
23            for the conduct giving rise to the forfeiture;
24                (ii) that the claimant knew or reasonably
25            should have known of the conduct giving rise to the
26            forfeiture;

 

 

10000SB2342ham001- 29 -LRB100 17956 SLF 43486 a

1                (iii) that the claimant knew or reasonably
2            should have known that the conduct giving rise to
3            the forfeiture was likely to occur;
4                (iv) that the claimant held the property for
5            the benefit of, or as nominee for, any person whose
6            conduct gave rise to its forfeiture;
7                (v) that if the claimant acquired the interest
8            through any person engaging in any of the conduct
9            described above or conduct giving rise to the
10            forfeiture:
11                    (a) the claimant did not acquire it as a
12                bona fide purchaser for value; or
13                    (b) the claimant acquired the interest
14                under the circumstances that the claimant
15                reasonably should have known the property was
16                derived from, or used in, the conduct giving
17                rise to the forfeiture; or
18                (vi) that the claimant is not the true owner of
19            the property that is subject to forfeiture.
20        (10) If the State does not meet its burden to show that
21    the property is subject to forfeiture, the court shall
22    order the interest in the property returned or conveyed to
23    the claimant and shall order all other property forfeited
24    to the State. If the State does meet its burden to show
25    that the property is subject to forfeiture, the court shall
26    order all property forfeited to the State.

 

 

10000SB2342ham001- 30 -LRB100 17956 SLF 43486 a

1        (11) A defendant convicted in any criminal proceeding
2    is precluded from later denying the essential allegations
3    of the criminal offense of which the defendant was
4    convicted in any proceeding under this Article regardless
5    of the pendency of an appeal from that conviction. However,
6    evidence of the pendency of an appeal is admissible.
7        (12) On a motion by the parties, the court may stay
8    civil forfeiture proceedings during the criminal trial for
9    a related criminal indictment or information alleging a
10    money laundering violation. Such a stay shall not be
11    available pending an appeal. Property subject to
12    forfeiture under this Article shall not be subject to
13    return or release by a court exercising jurisdiction over a
14    criminal case involving the seizure of the property unless
15    the return or release is consented to by the State's
16    Attorney.
17(Source: P.A. 100-699, eff. 8-3-18.)
 
18    (720 ILCS 5/29B-14)
19    Sec. 29B-14. Innocent owner hearing.
20    (a) After a complaint for forfeiture has been filed and all
21claimants have appeared and answered, a claimant may file a
22motion with the court for an innocent owner hearing prior to
23trial. This motion shall be made and supported by sworn
24affidavit and shall assert the following along with specific
25facts that support each assertion:

 

 

10000SB2342ham001- 31 -LRB100 17956 SLF 43486 a

1        (1) that the claimant filing the motion is the true
2    owner of the conveyance as interpreted by case law;
3        (2) that the claimant was not legally accountable for
4    the conduct giving rise to the forfeiture or acquiesced in
5    the conduct;
6        (3) that the claimant did not solicit, conspire, or
7    attempt to commit the conduct giving rise to the
8    forfeiture;
9        (4) that the claimant did not know or did not have
10    reason to know that the conduct giving rise to the
11    forfeiture was likely to occur; and
12        (5) that the claimant did not hold the property for the
13    benefit of, or as nominee for, any person whose conduct
14    gave rise to its forfeiture, or if the claimant owner or
15    interest holder acquired the interest through any person,
16    the claimant acquired owner or interest holder did not
17    acquire it as a bona fide purchaser for value or acquired
18    the interest without knowledge of the seizure of the
19    property for forfeiture.
20    (b) The claimant's motion shall include specific facts
21supporting these assertions.
22    (c) Upon this filing, a hearing may only be conducted after
23the parties have been given the opportunity to conduct limited
24discovery as to the ownership and control of the property, the
25claimant's knowledge, or any matter relevant to the issues
26raised or facts alleged in the claimant's motion. Discovery

 

 

10000SB2342ham001- 32 -LRB100 17956 SLF 43486 a

1shall be limited to the People's requests in these areas but
2may proceed by any means allowed in the Code of Civil
3Procedure.
4        (1) After discovery is complete and the court has
5    allowed for sufficient time to review and investigate the
6    discovery responses, the court shall conduct a hearing. At
7    the hearing, the fact that the conveyance is subject to
8    forfeiture shall not be at issue. The court shall only hear
9    evidence relating to the issue of innocent ownership.
10        (2) At the hearing on the motion, it shall be the
11    burden of the claimant to prove each of the assertions
12    listed in subsection (a) of this Section by a preponderance
13    of the evidence.
14        (3) If a claimant meets his or her burden of proof, the
15    court shall grant the motion and order the property
16    returned to the claimant. If the claimant fails to meet his
17    or her burden of proof, then the court shall deny the
18    motion and the forfeiture case shall proceed according to
19    the Code of Civil Procedure.
20(Source: P.A. 100-699, eff. 8-3-18.)
 
21    (720 ILCS 5/29B-17)
22    Sec. 29B-17. Exception for bona fide purchasers. No
23property shall be forfeited under this Article from a person
24who, without actual or constructive notice that the property
25was the subject of forfeiture proceedings, obtained possession

 

 

10000SB2342ham001- 33 -LRB100 17956 SLF 43486 a

1of the property as a bona fide purchaser for value. A person
2who purports to effect affect transfer of property after
3receiving actual or constructive notice that the property is
4subject to seizure or forfeiture is guilty of contempt of
5court, and shall be liable to the State for a penalty in the
6amount of the fair market value of the property.
7(Source: P.A. 100-699, eff. 8-3-18.)
 
8    (720 ILCS 5/29B-21)
9    Sec. 29B-21. Attorney's fees. Nothing in this Article
10applies to property that constitutes reasonable bona fide
11attorney's fees paid to an attorney for services rendered or to
12be rendered in the forfeiture proceeding or criminal proceeding
13relating directly thereto if the property was paid before its
14seizure and , before the issuance of any seizure warrant or
15court order prohibiting transfer of the property and if the
16attorney, at the time he or she received the property did not
17know that it was property subject to forfeiture under this
18Article.
19(Source: P.A. 100-699, eff. 8-3-18.)
 
20    (720 ILCS 5/29B-22)
21    Sec. 29B-22. Construction.
22    (a) It is the intent of the General Assembly that the
23forfeiture provisions of this Article be liberally construed so
24as to effect their remedial purpose. The forfeiture of property

 

 

10000SB2342ham001- 34 -LRB100 17956 SLF 43486 a

1and other remedies under this Article shall be considered to be
2in addition to, and not exclusive of, any sentence or other
3remedy provided by law.
4    (b) The changes made to this Article by Public Act 100-512
5100-0512 and Public Act 100-699 this amendatory Act of the
6100th General Assembly are subject to Section 2 of the Statute
7on Statutes.
8(Source: P.A. 100-699, eff. 8-3-18.)
 
9    (720 ILCS 5/29B-26)
10    Sec. 29B-26. Distribution of proceeds. All moneys monies
11and the sale proceeds of all other property forfeited and
12seized under this Article shall be distributed as follows:
13        (1) 65% shall be distributed to the metropolitan
14    enforcement group, local, municipal, county, or State law
15    enforcement agency or agencies that conducted or
16    participated in the investigation resulting in the
17    forfeiture. The distribution shall bear a reasonable
18    relationship to the degree of direct participation of the
19    law enforcement agency in the effort resulting in the
20    forfeiture, taking into account the total value of the
21    property forfeited and the total law enforcement effort
22    with respect to the violation of the law upon which the
23    forfeiture is based. Amounts distributed to the agency or
24    agencies shall be used for the enforcement of laws.
25        (2)(i) 12.5% shall be distributed to the Office of the

 

 

10000SB2342ham001- 35 -LRB100 17956 SLF 43486 a

1    State's Attorney of the county in which the prosecution
2    resulting in the forfeiture was instituted, deposited in a
3    special fund in the county treasury and appropriated to the
4    State's Attorney for use in the enforcement of laws. In
5    counties over 3,000,000 population, 25% shall be
6    distributed to the Office of the State's Attorney for use
7    in the enforcement of laws. If the prosecution is
8    undertaken solely by the Attorney General, the portion
9    provided under this subparagraph (i) shall be distributed
10    to the Attorney General for use in the enforcement of laws.
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. The Office of the State's Attorneys Appellate
17    Prosecutor shall not receive distribution from cases
18    brought in 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    Moneys and the sale proceeds distributed to the Department
23of State Police under this Article shall be deposited in the
24Money Laundering Asset Recovery Fund created in the State
25treasury and shall be used by the Department of State Police
26for State law enforcement purposes. All moneys and sale

 

 

10000SB2342ham001- 36 -LRB100 17956 SLF 43486 a

1proceeds of property forfeited and seized under this Article
2and distributed according to this Section may also be used to
3purchase opioid antagonists as defined in Section 5-23 of the
4Substance Use Disorder Alcoholism and Other Drug Abuse and
5Dependency Act.
6(Source: P.A. 100-699, eff. 8-3-18.)
 
7    (720 ILCS 5/29B-27)
8    Sec. 29B-27. Applicability; savings clause.
9    (a) The changes made to this Article by Public Act 100-512
10100-0512 and Public Act 100-699 this amendatory Act of the
11100th General Assembly only apply to property seized on and
12after July 1, 2018.
13    (b) The changes made to this Article by Public Act 100-699
14this amendatory Act of the 100th General Assembly are subject
15to Section 4 of the Statute on Statutes.
16(Source: P.A. 100-699, eff. 8-3-18.)
 
17    (720 ILCS 5/36-1.3)
18    Sec. 36-1.3. Safekeeping of seized property pending
19disposition.
20    (a) Property seized under this Article is deemed to be in
21the custody of the Director of State Police, subject only to
22the order and judgments of the circuit court having
23jurisdiction over the forfeiture proceedings and the decisions
24of the State's Attorney under this Article.

 

 

10000SB2342ham001- 37 -LRB100 17956 SLF 43486 a

1    (b) If property is seized under this Article, the seizing
2agency shall promptly conduct an inventory of the seized
3property and estimate the property's value, and shall forward a
4copy of the inventory of seized property and the estimate of
5the property's value to the Director of State Police. Upon
6receiving notice of seizure, the Director of State Police may:
7        (1) place the property under seal;
8        (2) remove the property to a place designated by the
9    Director of State Police;
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;
14        (5) place the property under constructive seizure by
15    posting notice of pending forfeiture on it, by giving
16    notice of pending forfeiture to its owners and interest
17    holders, or by filing notice of pending forfeiture in any
18    appropriate public record relating to the property; or
19        (6) provide for another agency or custodian, including
20    an owner, secured party, or lienholder, to take custody of
21    the property upon the terms and conditions set by the
22    seizing agency.
23    (c) The seizing agency shall exercise ordinary care to
24protect the subject of the forfeiture from negligent loss,
25damage, or destruction.
26    (d) Property seized or forfeited under this Article is

 

 

10000SB2342ham001- 38 -LRB100 17956 SLF 43486 a

1subject to reporting under the Seizure and Forfeiture Reporting
2Act.
3(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
4    (720 ILCS 5/36-1.4)
5    Sec. 36-1.4. Notice to State's Attorney. The law
6enforcement agency seizing property for forfeiture under this
7Article shall, as soon as practicable but not later than 28
8days after the seizure, notify the State's Attorney for the
9county in which an act or omission giving rise to the seizure
10occurred or in which the property was seized and the facts and
11circumstances giving rise to the seizure, and shall provide the
12State's Attorney with the inventory of the property and its
13estimated value. The notice shall be by the delivery of
14Illinois State Police Notice/Inventory of Seized Property
15(Form 4-64). If the property seized for forfeiture is a
16vehicle, the law enforcement agency seizing the property shall
17immediately notify the Secretary of State that forfeiture
18proceedings are pending regarding the vehicle.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
20    (720 ILCS 5/36-1.5)
21    Sec. 36-1.5. Preliminary review.
22    (a) Within 14 days of the seizure, the State's Attorney of
23the county in which the seizure occurred shall seek a
24preliminary determination from the circuit court as to whether

 

 

10000SB2342ham001- 39 -LRB100 17956 SLF 43486 a

1there is probable cause that the property may be subject to
2forfeiture.
3    (b) The rules of evidence shall not apply to any proceeding
4conducted under this Section.
5    (c) The court may conduct the review under subsection (a)
6of this Section simultaneously with a proceeding under Section
7109-1 of the Code of Criminal Procedure of 1963 for a related
8criminal offense if a prosecution is commenced by information
9or complaint.
10    (d) The court may accept a finding of probable cause at a
11preliminary hearing following the filing of an information or
12complaint charging a related criminal offense or following the
13return of indictment by a grand jury charging the related
14offense as sufficient evidence of probable cause as required
15under subsection (a) of this ths Section.
16    (e) Upon making a finding of probable cause as required
17under this Section, the circuit court shall order the property
18subject to the provisions of the applicable forfeiture Act held
19until the conclusion of any forfeiture proceeding.
20    For seizures of conveyances, within 28 days of a finding of
21probable cause under subsection (a) of this Section, the
22registered owner or other claimant may file a motion in writing
23supported by sworn affidavits claiming that denial of the use
24of the conveyance during the pendency of the forfeiture
25proceedings creates a substantial hardship and alleges facts
26showing that the hardship was not due to his or her culpable

 

 

10000SB2342ham001- 40 -LRB100 17956 SLF 43486 a

1negligence. The court shall consider the following factors in
2determining whether a substantial hardship has been proven:
3        (1) the nature of the claimed hardship;
4        (2) the availability of public transportation or other
5    available means of transportation; and
6        (3) any available alternatives to alleviate the
7    hardship other than the return of the seized conveyance.
8    If the court determines that a substantial hardship has
9been proven, the court shall then balance the nature of the
10hardship against the State's interest in safeguarding the
11conveyance. If the court determines that the hardship outweighs
12the State's interest in safeguarding the conveyance, the court
13may temporarily release the conveyance to the registered owner
14or the registered owner's authorized designee, or both, until
15the conclusion of the forfeiture proceedings or for such
16shorter period as ordered by the court provided that the person
17to whom the conveyance is released provides proof of insurance
18and a valid driver's license and all State and local
19registrations for operation of the conveyance are current. The
20court shall place conditions on the conveyance limiting its use
21to the stated hardship and providing transportation for
22employment, religious purposes, medical needs, child care, and
23restricting the conveyance's use to only those individuals
24authorized to use the conveyance by the registered owner. The
25use of the vehicle shall be further restricted to exclude all
26recreational and entertainment purposes. The court may order

 

 

10000SB2342ham001- 41 -LRB100 17956 SLF 43486 a

1additional restrictions it deems reasonable and just on its own
2motion or on motion of the People. The court shall revoke the
3order releasing the conveyance and order that the conveyance be
4reseized by law enforcement if the conditions of release are
5violated or if the conveyance is used in the commission of any
6offense identified in subsection (a) of Section 6-205 of the
7Illinois Vehicle Code.
8    If the court orders the release of the conveyance during
9the pendency of the forfeiture proceedings, the court may order
10the registered owner or his or her authorized designee to post
11a cash security with the clerk of the court as ordered by the
12court. If cash security is ordered, the court shall consider
13the following factors in determining the amount of the cash
14security:
15        (A) the full market value of the conveyance;
16        (B) the nature of the hardship;
17        (C) the extent and length of the usage of the
18    conveyance;
19        (D) the ability of the owner or designee to pay; and
20        (E) other conditions as the court deems necessary to
21    safeguard the conveyance.
22    If the conveyance is released, the court shall order that
23the registered owner or his or her designee safeguard the
24conveyance, not remove the conveyance from the jurisdiction,
25not conceal, destroy, or otherwise dispose of the conveyance,
26not encumber the conveyance, and not diminish the value of the

 

 

10000SB2342ham001- 42 -LRB100 17956 SLF 43486 a

1conveyance in any way. The court shall also make a
2determination of the full market value of the conveyance prior
3to it being released based on a source or sources defined in 50
4Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
5    If the conveyance subject to forfeiture is released under
6this Section and is subsequently forfeited, the person to whom
7the conveyance was released shall return the conveyance to the
8law enforcement agency that seized the conveyance within 7 days
9from the date of the declaration of forfeiture or order of
10forfeiture. If the conveyance is not returned within 7 days,
11the cash security shall be forfeited in the same manner as the
12conveyance subject to forfeiture. If the cash security was less
13than the full market value, a judgment shall be entered against
14the parties to whom the conveyance was released and the
15registered owner, jointly and severally, for the difference
16between the full market value and the amount of the cash
17security. If the conveyance is returned in a condition other
18than the condition in which it was released, the cash security
19shall be returned to the surety who posted the security minus
20the amount of the diminished value, and that amount shall be
21forfeited in the same manner as the conveyance subject to
22forfeiture. Additionally, the court may enter an order allowing
23any law enforcement agency in the State of Illinois to seize
24the conveyance wherever it may be found in the State to satisfy
25the judgment if the cash security was less than the full market
26value of the conveyance.

 

 

10000SB2342ham001- 43 -LRB100 17956 SLF 43486 a

1(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
2    (720 ILCS 5/36-2)  (from Ch. 38, par. 36-2)
3    Sec. 36-2. Complaint for forfeiture.
4    (a) If the State's Attorney of the county in which such
5seizure occurs finds that the alleged violation of law giving
6rise to the seizure was incurred without willful negligence or
7without any intention on the part of the owner of the vessel or
8watercraft, vehicle, or aircraft or any person whose right,
9title, or interest is of record as described in Section 36-1 of
10this Article, to violate the law, or finds the existence of
11such mitigating circumstances as to justify remission of the
12forfeiture, he or she may cause the law enforcement agency
13having custody of the property to return the property to the
14owner within a reasonable time not to exceed 7 days. The
15State's Attorney shall exercise his or her discretion under
16this subsection (a) prior to or promptly after the preliminary
17review under Section 36-1.5.
18    (b) If, after review of the facts surrounding the seizure,
19the State's Attorney is of the opinion that the seized property
20is subject to forfeiture and the State's Attorney does not
21cause the forfeiture to be remitted under subsection (a) of
22this Section, he or she shall bring an action for forfeiture in
23the circuit court within whose jurisdiction the seizure and
24confiscation has taken place by filing a verified complaint for
25forfeiture in the circuit court within whose jurisdiction the

 

 

10000SB2342ham001- 44 -LRB100 17956 SLF 43486 a

1seizure occurred, or within whose jurisdiction an act or
2omission giving rise to the seizure occurred, subject to
3Supreme Court Rule 187. The complaint shall be filed as soon as
4practicable but not later than 28 days after the State's
5Attorney receives notice from the seizing agency as provided
6under Section 36-1.4 of this Article. A complaint of forfeiture
7shall include:
8        (1) a description of the property seized;
9        (2) the date and place of seizure of the property;
10        (3) the name and address of the law enforcement agency
11    making the seizure; and
12        (4) the specific statutory and factual grounds for the
13    seizure.
14    The complaint shall be served upon each person whose right,
15title, or interest is of record in the office of the Secretary
16of State, the Secretary of Transportation, the Administrator of
17the Federal Aviation Agency, or any other department of this
18State, or any other state of the United States if the vessel or
19watercraft, vehicle, or aircraft is required to be so
20registered, as the case may be, the person from whom the
21property was seized, and all persons known or reasonably
22believed by the State to claim an interest in the property, as
23provided in this Article. The complaint shall be accompanied by
24the following written notice:
25    "This is a civil court proceeding subject to the Code of
26Civil Procedure. You received this Complaint of Forfeiture

 

 

10000SB2342ham001- 45 -LRB100 17956 SLF 43486 a

1because the State's Attorney's office has brought a legal
2action seeking forfeiture of your seized property. This
3complaint starts the court process where the State seeks to
4prove that your property should be forfeited and not returned
5to you. This process is also your opportunity to try to prove
6to a judge that you should get your property back. The
7complaint lists the date, time, and location of your first
8court date. You must appear in court on that day, or you may
9lose the case automatically. You must also file an appearance
10and answer. If you are unable to pay the appearance fee, you
11may qualify to have the fee waived. If there is a criminal case
12related to the seizure of your property, your case may be set
13for trial after the criminal case has been resolved. Before
14trial, the judge may allow discovery, where the State can ask
15you to respond in writing to questions and give them certain
16documents, and you can make similar requests of the State. The
17trial is your opportunity to explain what happened when your
18property was seized and why you should get the property back."
19    (c) (Blank).
20    (d) (Blank).
21    (e) (Blank).
22    (f) (Blank).
23    (g) (Blank).
24    (h) (Blank).
25(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18;
26100-699, eff. 8-3-18.)
 

 

 

10000SB2342ham001- 46 -LRB100 17956 SLF 43486 a

1    (720 ILCS 5/36-2.1)
2    Sec. 36-2.1. Notice to owner or interest holder. The first
3attempted service of notice shall be commenced within 28 days
4of the receipt of the notice from the seizing agency by Form
54-64. If the property seized is a conveyance, notice shall also
6be directed to the address reflected in the office of the
7agency or official in which title to or interest in the
8conveyance is required by law to be recorded. A complaint for
9forfeiture shall be served upon the property owner or interest
10holder in the following manner:
11        (1) If the owner's or interest holder's name and
12    current address are known, then by either:
13            (A) personal service; or
14            (B) mailing a copy of the notice by certified mail,
15        return receipt requested, and first class mail to that
16        address.
17                (i) If notice is sent by certified mail and no
18            signed return receipt is received by the State's
19            Attorney within 28 days of mailing, and no
20            communication from the owner or interest holder is
21            received by the State's Attorney documenting
22            actual notice by said parties, the State's
23            Attorney shall, within a reasonable period of
24            time, mail a second copy of the notice by certified
25            mail, return receipt requested, and first class

 

 

10000SB2342ham001- 47 -LRB100 17956 SLF 43486 a

1            mail to that address.
2                (ii) If no signed return receipt is received by
3            the State's Attorney within 28 days of the second
4            attempt at service by certified mail, and no
5            communication from the owner or interest holder is
6            received by the State's Attorney documenting
7            actual notice by said parties, the State's
8            Attorney shall have 60 days to attempt to serve the
9            notice by personal service, which also includes
10            substitute service by leaving a copy at the usual
11            place of abode, with some person of the family or a
12            person residing there, of the age of 13 years or
13            upwards. If, after 3 attempts at service in this
14            manner, no service of the notice is accomplished,
15            then the notice shall be posted in a conspicuous
16            manner at this address and service shall be made by
17            the posting.
18            The attempts at service and the posting, if
19        required, shall be documented by the person attempting
20        service and said documentation shall be made part of a
21        return of service returned to the State's Attorney.
22            The State's Attorney may utilize a Sheriff or
23        Deputy Sheriff, any peace officer, a private process
24        server or investigator, or any employee, agent, or
25        investigator of the State's Attorney's office to
26        attempt service without seeking leave of court.

 

 

10000SB2342ham001- 48 -LRB100 17956 SLF 43486 a

1            After the procedures are followed, service shall
2        be effective on an owner or interest holder on the date
3        of receipt by the State's Attorney of a return receipt,
4        or on the date of receipt of a communication from an
5        owner or interest holder documenting actual notice,
6        whichever is first in time, or on the date of the last
7        act performed by the State's Attorney in attempting
8        personal service under item (ii) of this paragraph (1).
9        If notice is to be shown by actual notice from
10        communication with a claimant, then the State's
11        Attorney shall file an affidavit providing details of
12        the communication, which shall be accepted as
13        sufficient proof of service by the court.
14            For purposes of notice under this Section, if a
15        person has been arrested for the conduct giving rise to
16        the forfeiture, the address provided to the arresting
17        agency at the time of arrest shall be deemed to be that
18        person's known address. Provided, however, if an owner
19        or interest holder's address changes prior to the
20        effective date of the complaint for forfeiture, the
21        owner or interest holder shall promptly notify the
22        seizing agency of the change in address or, if the
23        owner or interest holder's address changes subsequent
24        to the effective date of the notice of pending
25        forfeiture, the owner or interest holder shall
26        promptly notify the State's Attorney of the change in

 

 

10000SB2342ham001- 49 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 50 -LRB100 17956 SLF 43486 a

1    signed return receipt. If certified mail is not available
2    in the foreign country where the person has an address,
3    then notice shall proceed by publication under paragraph
4    (2) of this Section.
5        (6) Notice to any person whom the State's Attorney
6    reasonably should know is incarcerated within the State
7    shall also include the mailing a copy of the notice by
8    certified mail, return receipt requested, and first class
9    mail to the address of the detention facility with the
10    inmate's name clearly marked on the envelope.
11(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
12    (720 ILCS 5/36-2.5)
13    Sec. 36-2.5. Judicial in rem procedures.
14    (a) The laws of evidence relating to civil actions shall
15apply to judicial in rem proceedings under this Article.
16    (b) Only an owner of or interest holder in the property may
17file an answer asserting a claim against the property in the
18action in rem. For purposes of this Section, the owner or
19interest holder shall be referred to as claimant. A person not
20named in the forfeiture complaint who claims to have an
21interest in the property may petition to intervene as a
22claimant under Section 2-408 of the Code of Civil Procedure.
23    (c) The answer shall be filed with the court within 45 days
24after service of the civil in rem complaint.
25    (d) The trial shall be held within 60 days after filing of

 

 

10000SB2342ham001- 51 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 52 -LRB100 17956 SLF 43486 a

1State. If the State does meet its burden of proof, the court
2shall order all property forfeited to the State.
3    (h) A defendant convicted in any criminal proceeding is
4precluded from later denying the essential allegations of the
5criminal offense of which the defendant was convicted in any
6proceeding under this Article regardless of the pendency of an
7appeal from that conviction. However, evidence of the pendency
8of an appeal is admissible.
9    (i) An acquittal or dismissal in a criminal proceeding
10shall not preclude civil proceedings under this Act; however,
11for good cause shown, on a motion by either party, the court
12may stay civil forfeiture proceedings during the criminal trial
13for a related criminal indictment or information alleging a
14violation of law authorizing forfeiture under Section 36-1 of
15this Article.
16    (j) Title to all property declared forfeited under this Act
17vests in this State on the commission of the conduct giving
18rise to forfeiture together with the proceeds of the property
19after that time. Except as otherwise provided in this Article,
20any property or proceeds subsequently transferred to any person
21remain subject to forfeiture unless a person to whom the
22property was transferred makes an appropriate claim under or
23has the claim adjudicated at the judicial in rem hearing.
24    (k) No property shall be forfeited under this Article from
25a person who, without actual or constructive notice that the
26property was the subject of forfeiture proceedings, obtained

 

 

10000SB2342ham001- 53 -LRB100 17956 SLF 43486 a

1possession of the property as a bona fide purchaser for value.
2A person who purports to transfer property after receiving
3actual or constructive notice that the property is subject to
4seizure or forfeiture is guilty of contempt of court, and shall
5be liable to the State for a penalty in the amount of the fair
6market value of the property.
7    (l) A civil action under this Article shall be commenced
8within 5 years after the last conduct giving rise to forfeiture
9became known or should have become known or 5 years after the
10forfeitable property is discovered, whichever is later,
11excluding any time during which either the property or claimant
12is out of the State or in confinement or during which criminal
13proceedings relating to the same conduct are in progress.
14    (m) If property is ordered forfeited under this Article
15from a claimant who held title to the property in joint tenancy
16or tenancy in common with another claimant, the court shall
17determine the amount of each owner's interest in the property
18according to principles of property law.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
20    (720 ILCS 5/36-10)
21    Sec. 36-10. Applicability; savings clause.
22    (a) The changes made to this Article by Public Act 100-512
23100-0512 and Public Act 100-699 this amendatory Act of the
24100th General Assembly only apply to property seized on and
25after July 1, 2018.

 

 

10000SB2342ham001- 54 -LRB100 17956 SLF 43486 a

1    (b) The changes made to this Article by Public Act 100-699
2this amendatory Act of the 100th General Assembly are subject
3to Section 4 of the Statute on Statutes.
4(Source: P.A. 100-699, eff. 8-3-18.)
 
5    Section 20. The Cannabis Control Act is amended by changing
6Section 12 as follows:
 
7    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
8    Sec. 12. Forfeiture.
9    (a) The following are subject to forfeiture:
10        (1) (blank);
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 a
14    felony 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 any substance
19    containing cannabis or property described in paragraph (2)
20    of this subsection (a) that constitutes a felony violation
21    of the Act, but:
22            (i) no conveyance used by any person as a common
23        carrier in the transaction of business as a common
24        carrier is subject to forfeiture under this Section

 

 

10000SB2342ham001- 55 -LRB100 17956 SLF 43486 a

1        unless it appears that the owner or other person in
2        charge of the conveyance is a consenting party or privy
3        to the violation;
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 or her 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 or she neither had knowledge
11        of nor 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 in 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

 

 

10000SB2342ham001- 56 -LRB100 17956 SLF 43486 a

1    facilitate the manufacture, distribution, sale, receipt,
2    or concealment of a substance containing cannabis or
3    property described in paragraph (2) of this subsection (a)
4    that constitutes a felony violation of this Act involving
5    more than 2,000 grams of a substance containing cannabis or
6    that is the proceeds of any felony violation of this Act.
7    (b) Property subject to forfeiture under this Act may be
8seized under the Drug Asset Forfeiture Procedure Act. In the
9event of seizure, forfeiture proceedings shall be instituted
10under the Drug Asset Forfeiture Procedure Act.
11    (c) Forfeiture under this Act is subject to an 8th
12Amendment to the United States Constitution disproportionate
13penalties analysis as provided under Section 9.5 of the Drug
14Asset Forfeiture Procedure Act.
15    (c-1) With regard to possession of cannabis offenses only,
16a sum of currency with a value of less than $500 shall not be
17subject to forfeiture under this Act. For all other offenses
18under this Act, a sum of currency with a value of less than
19$100 shall not be subject to forfeiture under this Act. In
20seizures of currency in excess of these amounts, this Section
21shall not create an exemption for these amounts.
22    (d) (Blank).
23    (e) (Blank).
24    (f) (Blank).
25    (g) (Blank).
26    (h) Contraband, including cannabis possessed without

 

 

10000SB2342ham001- 57 -LRB100 17956 SLF 43486 a

1authorization under State or federal law, is not subject to
2forfeiture. No property right exists in contraband. Contraband
3is subject to seizure and shall be disposed of according to
4State law.
5    (i) The changes made to this Section by Public Act 100-512
6100-0512 and Public Act 100-699 this amendatory Act of the
7100th General Assembly only apply to property seized on and
8after July 1, 2018.
9    (j) The changes made to this Section by Public Act 100-699
10this amendatory Act of the 100th General Assembly are subject
11to Section 4 of the Statute on Statutes.
12(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18;
13100-699, eff. 8-3-18.)
 
14    Section 25. The Illinois Controlled Substances Act is
15amended by changing Section 505 as follows:
 
16    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
17    Sec. 505. (a) The following are subject to forfeiture:
18        (1) (blank);
19        (2) all raw materials, products, and equipment of any
20    kind which are used, or intended for use, in manufacturing,
21    distributing, dispensing, administering or possessing any
22    substance in violation of this Act;
23        (3) all conveyances, including aircraft, vehicles, or
24    vessels, which are used, or intended for use, to transport,

 

 

10000SB2342ham001- 58 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 59 -LRB100 17956 SLF 43486 a

1    moneys, negotiable instruments, and securities used, or
2    intended to be used, to commit or in any manner to
3    facilitate any violation of this Act;
4        (6) all real property, including any right, title, and
5    interest (including, but not limited to, any leasehold
6    interest or the beneficial interest in a land trust) in the
7    whole of any lot or tract of land and any appurtenances or
8    improvements, which is used or intended to be used, in any
9    manner or part, to commit, or in any manner to facilitate
10    the commission of, any violation or act that constitutes a
11    violation of Section 401 or 405 of this Act or that is the
12    proceeds of any violation or act that constitutes a
13    violation of Section 401 or 405 of this Act.
14    (b) Property subject to forfeiture under this Act may be
15seized under the Drug Asset Forfeiture Procedure Act. In the
16event of seizure, forfeiture proceedings shall be instituted
17under the Drug Asset Forfeiture Procedure Act.
18    (c) Forfeiture under this Act is subject to an 8th
19Amendment to the United States Constitution disproportionate
20penalties analysis as provided under Section 9.5 of the Drug
21Asset Forfeiture Procedure Act.
22    (d) With regard to possession of controlled substances
23offenses only, a sum of currency with a value of less than $500
24shall not be subject to forfeiture under this Act. For all
25other offenses under this Act, a sum of currency with a value
26of less than $100 shall not be subject to forfeiture under this

 

 

10000SB2342ham001- 60 -LRB100 17956 SLF 43486 a

1Act. In seizures of currency in excess of these amounts, this
2Section shall not create an exemption for these amounts.
3    (d-5) For felony offenses involving possession of
4controlled substances only, no property shall be subject to
5forfeiture under this Act because of the possession of less
6than 2 single unit doses of a controlled substance. This
7exemption shall not apply in instances when the possessor, or
8another person at the direction of the possessor, engaged in
9the destruction of any amount of a controlled substance. The
10amount of a single unit dose shall be the State's burden to
11prove in its case in chief.
12    (e) If the Department of Financial and Professional
13Regulation suspends or revokes a registration, all controlled
14substances owned or possessed by the registrant at the time of
15suspension or the effective date of the revocation order may be
16placed under seal by the Director. No disposition may be made
17of substances under seal until the time for taking an appeal
18has elapsed or until all appeals have been concluded unless a
19court, upon application therefor, orders the sale of perishable
20substances and the deposit of the proceeds of the sale with the
21court. Upon a suspension or revocation order becoming final,
22all substances are subject to seizure and forfeiture under the
23Drug Asset Forfeiture Procedure Act.
24    (f) (Blank).
25    (g) (Blank).
26    (h) (Blank).

 

 

10000SB2342ham001- 61 -LRB100 17956 SLF 43486 a

1    (i) Contraband, including controlled substances possessed
2without authorization under State or federal law, is not
3subject to forfeiture. No property right exists in contraband.
4Contraband is subject to seizure and shall be disposed of
5according to State law.
6    (j) The changes made to this Section by Public Act 100-512
7100-0512 and Public Act 100-699 this amendatory Act of the
8100th General Assembly only apply to property seized on and
9after July 1, 2018.
10    (k) The changes made to this Section by Public Act 100-699
11this amendatory Act of the 100th General Assembly are subject
12to Section 4 of the Statute on Statutes.
13(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18;
14100-699, eff. 8-3-18.)
 
15    Section 30. The Drug Asset Forfeiture Procedure Act is
16amended by changing Sections 3.3, 4, 6, 9, and 13.4 as follows:
 
17    (725 ILCS 150/3.3)
18    Sec. 3.3. Safekeeping of seized property pending
19disposition.
20    (a) Property seized under this Act is deemed to be in the
21custody of the Director of State Police, subject only to the
22order and judgments of the circuit court having jurisdiction
23over the forfeiture proceedings and the decisions of the
24State's Attorney under this Act.

 

 

10000SB2342ham001- 62 -LRB100 17956 SLF 43486 a

1    (b) If property is seized under this Act, the seizing
2agency shall promptly conduct an inventory of the seized
3property and estimate the property's value, and shall forward a
4copy of the inventory of seized property and the estimate of
5the property's value to the Director of State Police. Upon
6receiving notice of seizure, the Director of State Police may:
7        (1) place the property under seal;
8        (2) remove the property to a place designated by the
9    seizing agency;
10        (3) keep the property in the possession of the Director
11    of State Police;
12        (4) remove the property to a storage area for
13    safekeeping;
14        (5) place the property under constructive seizure by
15    posting notice of pending forfeiture on it, by giving
16    notice of pending forfeiture to its owners and interest
17    holders, or by filing notice of pending forfeiture in any
18    appropriate public record relating to the property; or
19        (6) provide for another agency or custodian, including
20    an owner, secured party, or lienholder, to take custody of
21    the property upon the terms and conditions set by the
22    seizing agency.
23    (c) The seizing agency is required to exercise ordinary
24care to protect the seized property from negligent loss,
25damage, or destruction.
26(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 

 

 

10000SB2342ham001- 63 -LRB100 17956 SLF 43486 a

1    (725 ILCS 150/4)  (from Ch. 56 1/2, par. 1674)
2    Sec. 4. Notice to owner or interest holder. The first
3attempted service of notice shall be commenced within 28 days
4of the filing of the verified claim or the receipt of the
5notice from the seizing agency by Illinois State Police
6Notice/Inventory of Seized Property (Form 4-64), whichever
7occurs sooner. A complaint for forfeiture or a notice of
8pending forfeiture shall be served upon the property owner or
9interest holder in the following manner:
10        (1) If the owner's or interest holder's name and
11    current address are known, then by either:
12            (A) personal service; or
13            (B) mailing a copy of the notice by certified mail,
14        return receipt requested, and first class mail to that
15        address.
16                (i) If notice is sent by certified mail and no
17            signed return receipt is received by the State's
18            Attorney within 28 days of mailing, and no
19            communication from the owner or interest holder is
20            received by the State's Attorney documenting
21            actual notice by said parties, then the State's
22            Attorney shall, within a reasonable period of
23            time, mail a second copy of the notice by certified
24            mail, return receipt requested, and first class
25            mail to that address.

 

 

10000SB2342ham001- 64 -LRB100 17956 SLF 43486 a

1                (ii) If no signed return receipt is received by
2            the State's Attorney within 28 days of the second
3            attempt at service by certified mail, and no
4            communication from the owner or interest holder is
5            received by the State's Attorney documenting
6            actual notice by said parties, then the State's
7            Attorney shall have 60 days to attempt to serve the
8            notice by personal service, which also includes
9            substitute service by leaving a copy at the usual
10            place of abode, with some person of the family or a
11            person residing there, of the age of 13 years or
12            upwards. If, after 3 attempts at service in this
13            manner, no service of the notice is accomplished,
14            then the notice shall be posted in a conspicuous
15            manner at this address and service shall be made by
16            posting.
17                The attempts at service and the posting, if
18            required, shall be documented by the person
19            attempting service and said documentation shall be
20            made part of a return of service returned to the
21            State's Attorney.
22                The State's Attorney may utilize any Sheriff
23            or Deputy Sheriff, any peace officer, a private
24            process server or investigator, or any employee,
25            agent, or investigator of the State's Attorney's
26            Office to attempt service without seeking leave of

 

 

10000SB2342ham001- 65 -LRB100 17956 SLF 43486 a

1            court.
2                After the procedures set forth are followed,
3            service shall be effective on an owner or interest
4            holder on the date of receipt by the State's
5            Attorney of a return receipt, or on the date of
6            receipt of a communication from an owner or
7            interest holder documenting actual notice,
8            whichever is first in time, or on the date of the
9            last act performed by the State's Attorney in
10            attempting personal service under subparagraph
11            (ii) above. If notice is to be shown by actual
12            notice from communication with a claimant, then
13            the State's Attorney shall file an affidavit
14            providing details of the communication, which may
15            be accepted as sufficient proof of service by the
16            court.
17                After a claimant files a verified claim with
18            the State's Attorney and provides an address at
19            which the claimant will accept service, the
20            complaint shall be served and notice shall be
21            perfected upon mailing of the complaint to the
22            claimant at the address the claimant provided via
23            certified mail, return receipt requested, and
24            first class mail. No return receipt need be
25            received, or any other attempts at service need be
26            made to comply with service and notice

 

 

10000SB2342ham001- 66 -LRB100 17956 SLF 43486 a

1            requirements under this Act. This certified
2            mailing, return receipt requested, shall be proof
3            of service of the complaint on the claimant.
4                For purposes of notice under this Section, if a
5            person has been arrested for the conduct giving
6            rise to the forfeiture, then the address provided
7            to the arresting agency at the time of arrest shall
8            be deemed to be that person's known address.
9            Provided, however, if an owner or interest
10            holder's address changes prior to the effective
11            date of the notice of pending forfeiture, the owner
12            or interest holder shall promptly notify the
13            seizing agency of the change in address or, if the
14            owner or interest holder's address changes
15            subsequent to the effective date of the notice of
16            pending forfeiture, the owner or interest holder
17            shall promptly notify the State's Attorney of the
18            change in address; or if the property seized is a
19            conveyance, to the address reflected in the office
20            of the agency or official in which title to or
21            interest in the conveyance is required by law to be
22            recorded.
23        (2) If the owner's or interest holder's address is not
24    known, and is not on record, then notice shall be served by
25    publication for 3 successive weeks in a newspaper of
26    general circulation in the county in which the seizure

 

 

10000SB2342ham001- 67 -LRB100 17956 SLF 43486 a

1    occurred.
2        (3) After a claimant files a verified claim with the
3    State's Attorney and provides an address at which the
4    claimant will accept service, the complaint shall be served
5    and notice shall be perfected upon mailing of the complaint
6    to the claimant at the address the claimant provided via
7    certified mail, return receipt requested, and first class
8    mail. No return receipt need be received or any other
9    attempts at service need be made to comply with service and
10    notice requirements under this Act. This certified
11    mailing, return receipt requested, shall be proof of
12    service of the complaint on the claimant.
13        (4) Notice to any business entity, corporation,
14    limited liability company, limited liability partnership,
15    or partnership shall be completed by a single mailing of a
16    copy of the notice by certified mail, return receipt
17    requested, and first class mail to that address. This
18    notice is complete regardless of the return of a signed
19    return receipt.
20        (5) Notice to a person whose address is not within the
21    State shall be completed by a single mailing of a copy of
22    the notice by certified mail, return receipt requested, and
23    first class mail to that address. This notice is complete
24    regardless of the return of a signed return receipt.
25        (6) Notice to a person whose address is not within the
26    United States shall be completed by a single mailing of a

 

 

10000SB2342ham001- 68 -LRB100 17956 SLF 43486 a

1    copy of the notice by certified mail, return receipt
2    requested, and first class mail to that address. This
3    notice shall be complete regardless of the return of a
4    signed return receipt. If certified mail is not available
5    in the foreign country where the person has an address,
6    then notice shall proceed by publication under paragraph
7    (2) of this Section.
8        (7) Notice to any person whom the State's Attorney
9    reasonably should know is incarcerated within the State
10    shall also include the mailing a copy of the notice by
11    certified mail, return receipt requested, and first class
12    mail to the address of the detention facility with the
13    inmate's name clearly marked on the envelope.
14(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
15    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
16    Sec. 6. Non-judicial forfeiture. If non-real property that
17exceeds $150,000 in value excluding the value of any
18conveyance, or if real property is seized under the provisions
19of the Illinois Controlled Substances Act, the Cannabis Control
20Act, or the Methamphetamine Control and Community Protection
21Act, the State's Attorney shall institute judicial in rem
22forfeiture proceedings as described in Section 9 of this Act
23within 28 days from receipt of notice of seizure from the
24seizing agency under Section 5 of this Act. However, if
25non-real property that does not exceed $150,000 in value

 

 

10000SB2342ham001- 69 -LRB100 17956 SLF 43486 a

1excluding the value of any conveyance is seized, the following
2procedure shall be used:
3        (A) If, after review of the facts surrounding the
4    seizure, the State's Attorney is of the opinion that the
5    seized property is subject to forfeiture, then, within 28
6    days of the receipt of notice of seizure from the seizing
7    agency, the State's Attorney shall cause notice of pending
8    forfeiture to be given to the owner of the property and all
9    known interest holders of the property in accordance with
10    Section 4 of this Act.
11        (B) The notice of pending forfeiture must include a
12    description of the property, the estimated value of the
13    property, the date and place of seizure, the conduct giving
14    rise to forfeiture or the violation of law alleged, and a
15    summary of procedures and procedural rights applicable to
16    the forfeiture action.
17         (C)(1) Any person claiming an interest in property
18    which is the subject of notice under subsection (A) of this
19    Section may, within 45 days after the effective date of
20    notice as described in Section 4 of this Act, file a
21    verified claim with the State's Attorney expressing his or
22    her interest in the property. The claim must set forth:
23            (i) the caption of the proceedings as set forth on
24        the notice of pending forfeiture and the name of the
25        claimant;
26            (ii) the address at which the claimant will accept

 

 

10000SB2342ham001- 70 -LRB100 17956 SLF 43486 a

1        mail;
2            (iii) the nature and extent of the claimant's
3        interest in the property;
4            (iv) the date, identity of the transferor, and
5        circumstances of the claimant's acquisition of the
6        interest in the property;
7            (v) the names and addresses of all other persons
8        known to have an interest in the property;
9            (vi) the specific provision of law relied on in
10        asserting the property is not subject to forfeiture;
11            (vii) all essential facts supporting each
12        assertion; and
13            (viii) the relief sought.
14        (2) If a claimant files the claim then the State's
15    Attorney shall institute judicial in rem forfeiture
16    proceedings within 28 days after receipt of the claim.
17        (D) If no claim is filed within the 45-day 45 day
18    period as described in subsection (C) of this Section, the
19    State's Attorney shall declare the property forfeited and
20    shall promptly notify the owner and all known interest
21    holders of the property and the Director of the Illinois
22    Department of State Police of the declaration of forfeiture
23    and the Director shall dispose of the property in
24    accordance with law.
25(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 

 

 

10000SB2342ham001- 71 -LRB100 17956 SLF 43486 a

1    (725 ILCS 150/9)  (from Ch. 56 1/2, par. 1679)
2    Sec. 9. Judicial in rem procedures. If property seized
3under the provisions of the Illinois Controlled Substances Act,
4the Cannabis Control Act, or the Methamphetamine Control and
5Community Protection Act is non-real property that exceeds
6$150,000 in value excluding the value of any conveyance, or is
7real property, or a claimant has filed a claim under subsection
8(C) of Section 6 of this Act, the following judicial in rem
9procedures shall apply:
10        (A) If, after a review of the facts surrounding the
11    seizure, the State's Attorney is of the opinion that the
12    seized property is subject to forfeiture, the State's
13    Attorney shall institute judicial forfeiture proceedings
14    by filing a verified complaint for forfeiture in the
15    circuit court within whose jurisdiction the seizure
16    occurred, or within whose jurisdiction an act or omission
17    giving rise to the seizure occurred, subject to Supreme
18    Court Rule 187. The complaint for forfeiture shall be filed
19    as soon as practicable, but not later than 28 days after
20    the filing of a verified claim by a claimant if the
21    property was acted upon under a non-judicial forfeiture
22    action, or 28 days after the State's Attorney receives
23    notice from the seizing agency as provided under Section 5
24    of this Act, whichever occurs later. When authorized by
25    law, a forfeiture must be ordered by a court on an action
26    in rem brought by a State's Attorney under a verified

 

 

10000SB2342ham001- 72 -LRB100 17956 SLF 43486 a

1    complaint for forfeiture.
2        (A-5) If the State's Attorney finds that the alleged
3    violation of law giving rise to the seizure was incurred
4    without willful negligence or without any intention on the
5    part of the owner of the property to violate the law or
6    finds the existence of mitigating circumstances to justify
7    remission of the forfeiture, the State's Attorney may cause
8    the law enforcement agency having custody of the property
9    to return the property to the owner within a reasonable
10    time not to exceed 7 days. The State's Attorney shall
11    exercise his or her discretion prior to or promptly after
12    the preliminary review under Section 3.5 of this Act.
13    Judicial in rem forfeiture proceedings under this Act shall
14    be subject to the Code of Civil Procedure and the rules of
15    evidence relating to civil actions.
16        (A-10) A complaint of forfeiture shall include:
17            (1) a description of the property seized;
18            (2) the date and place of seizure of the property;
19            (3) the name and address of the law enforcement
20        agency making the seizure; and
21            (4) the specific statutory and factual grounds for
22        the seizure.
23        The complaint shall be served upon the person from whom
24    the property was seized and all persons known or reasonably
25    believed by the State to claim an interest in the property,
26    as provided in Section 4 of this Act. The complaint shall

 

 

10000SB2342ham001- 73 -LRB100 17956 SLF 43486 a

1    be accompanied by the following written notice:
2        "This is a civil court proceeding subject to the Code
3        of Civil Procedure. You received this Complaint of
4        Forfeiture because the State's Attorney's office has
5        brought a legal action seeking forfeiture of your
6        seized property. This complaint starts the court
7        process where the state seeks to prove that your
8        property should be forfeited and not returned to you.
9        This process is also your opportunity to try to prove
10        to a judge that you should get your property back. The
11        complaint lists the date, time, and location of your
12        first court date. You must appear in court on that day,
13        or you may lose the case automatically. You must also
14        file an appearance and answer. If you are unable to pay
15        the appearance fee, you may qualify to have the fee
16        waived. If there is a criminal case related to the
17        seizure of your property, your case may be set for
18        trial after the criminal case has been resolved. Before
19        trial, the judge may allow discovery, where the State
20        can ask you to respond in writing to questions and give
21        them certain documents, and you can make similar
22        requests of the State. The trial is your opportunity to
23        explain what happened when your property was seized and
24        why you should get the property back.".
25        (B) The laws of evidence relating to civil actions
26    shall apply to all other proceedings under this Act except

 

 

10000SB2342ham001- 74 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 75 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 76 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 77 -LRB100 17956 SLF 43486 a

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

 

 

10000SB2342ham001- 78 -LRB100 17956 SLF 43486 a

1                not have authority to convey the interest to a
2                bona fide purchaser for value at the time of
3                the conduct; or
4                    (2) after the commencement of the conduct
5                giving rise to the forfeiture and the owner or
6                interest holder acquired the interest as a
7                mortgagee, secured creditor, lienholder, or
8                bona fide purchaser for value without
9                knowledge of the conduct that gave rise to the
10                forfeiture, and before the filing in the office
11                of the recorder of deeds of the county in which
12                the real estate is located a notice of seizure
13                for forfeiture or a lis pendens notice.
14        (G-5) If the property that is the subject of the
15    forfeiture proceeding is currency or its equivalent, the
16    State, in its case in chief, shall show by a preponderance
17    of the evidence that the property is subject to forfeiture.
18    If the State makes that showing, the claimant shall have
19    the burden of production to set forth evidence that the
20    currency or its equivalent is not related to the alleged
21    factual basis of the forfeiture. After the production of
22    evidence, the State shall maintain the burden of proof to
23    overcome this assertion.
24        (G-10) Notwithstanding any other provision of this
25    Section, the State's burden of proof at the trial of the
26    forfeiture action shall be by clear and convincing evidence

 

 

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1    if:
2            (1) a finding of not guilty is entered as to all
3        counts and all defendants in a criminal proceeding
4        relating to the conduct giving rise to the forfeiture
5        action; or
6            (2) the State receives an adverse finding at a
7        preliminary hearing and fails to secure an indictment
8        in a criminal proceeding related to the factual
9        allegations of the forfeiture action.
10        (H) If the State does not meet its burden of proof, the
11    court shall order the interest in the property returned or
12    conveyed to the claimant and shall order all other property
13    as to which the State does meet its burden of proof
14    forfeited to the State. If the State does meet its burden
15    of proof, the court shall order all property forfeited to
16    the State.
17        (I) A defendant convicted in any criminal proceeding is
18    precluded from later denying the essential allegations of
19    the criminal offense of which the defendant was convicted
20    in any proceeding under this Act regardless of the pendency
21    of an appeal from that conviction. However, evidence of the
22    pendency of an appeal is admissible.
23        (J) An acquittal or dismissal in a criminal proceeding
24    shall not preclude civil proceedings under this Act;
25    however, for good cause shown, on a motion by the State's
26    Attorney, the court may stay civil forfeiture proceedings

 

 

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1    during the criminal trial for a related criminal indictment
2    or information alleging a violation of the Illinois
3    Controlled Substances Act, the Cannabis Control Act, or the
4    Methamphetamine Control and Community Protection Act. Such
5    a stay shall not be available pending an appeal. Property
6    subject to forfeiture under the Illinois Controlled
7    Substances Act, the Cannabis Control Act, or the
8    Methamphetamine Control and Community Protection Act shall
9    not be subject to return or release by a court exercising
10    jurisdiction over a criminal case involving the seizure of
11    such property unless such return or release is consented to
12    by the State's Attorney.
13        (K) Title to all property declared forfeited under this
14    Act vests in the State on the commission of the conduct
15    giving rise to forfeiture together with the proceeds of the
16    property after that time. Except as otherwise provided in
17    this Act, any such property or proceeds subsequently
18    transferred to any person remain subject to forfeiture
19    unless a person to whom the property was transferred makes
20    an appropriate claim under this Act and has the claim
21    adjudicated in the judicial in rem proceeding.
22        (L) A civil action under this Act must be commenced
23    within 5 years after the last conduct giving rise to
24    forfeiture became known or should have become known or 5
25    years after the forfeitable property is discovered,
26    whichever is later, excluding any time during which either

 

 

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1    the property or claimant is out of the State or in
2    confinement or during which criminal proceedings relating
3    to the same conduct are in progress.
4        (M) No property shall be forfeited under this Act from
5    a person who, without actual or constructive notice that
6    the property was the subject of forfeiture proceedings,
7    obtained possession of the property as a bona fide
8    purchaser for value. A person who purports to transfer
9    property after receiving actual or constructive notice
10    that the property is subject to seizure or forfeiture is
11    guilty of contempt of court and shall be liable to the
12    State for a penalty in the amount of the fair market value
13    of the property.
14        (N) If property is ordered forfeited under this Act
15    from a claimant who held title to the property in joint
16    tenancy or tenancy in common with another claimant, the
17    court shall determine the amount of each owner's interest
18    in the property according to principles of property law.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
20    (725 ILCS 150/13.4)
21    Sec. 13.4. Applicability; savings clause.
22    (a) The changes made to this Act by Public Act 100-512
23100-0512 and Public Act 100-699 this amendatory Act of the
24100th General Assembly only apply to property seized on and
25after July 1, 2018.

 

 

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1    (b) The changes made to this Act by Public Act 100-699 this
2amendatory Act of the 100th General Assembly are subject to
3Section 4 of the Statute on Statutes.
4(Source: P.A. 100-699, eff. 8-3-18.)
 
5    Section 35. The Illinois Streetgang Terrorism Omnibus
6Prevention Act is amended by changing Section 40 as follows:
 
7    (740 ILCS 147/40)
8    Sec. 40. Forfeiture.
9    (a) The following are subject to seizure and forfeiture:
10        (1) any property that is directly or indirectly used or
11    intended for use in any manner to facilitate streetgang
12    related activity; and
13        (2) any property constituting or derived from gross
14    profits or other proceeds obtained from streetgang related
15    activity.
16    (b) Property subject to forfeiture under this Section may
17be seized under the procedures set forth in under Section
1836-2.1 of the Criminal Code of 2012, except that actual
19physical seizure of real property subject to forfeiture under
20this Act requires the issuance of a seizure warrant. Nothing in
21this Section prohibits the constructive seizure of real
22property through the filing of a complaint for forfeiture in
23circuit court and the recording of a lis pendens against the
24real property without a hearing, warrant application, or

 

 

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1judicial approval.
2    (c) The State's Attorney may initiate forfeiture
3proceedings under the procedures in Article 36 of the Criminal
4Code of 2012. The State shall bear the burden of proving by a
5preponderance of the evidence that the property was acquired
6through a pattern of streetgang related activity.
7    (d) Property forfeited under this Section shall be disposed
8of in accordance with Section 36-7 of Article 36 of the
9Criminal Code of 2012 for the forfeiture of vehicles, vessels,
10and aircraft.
11    (e) Within 60 days of the date of the seizure of contraband
12under this Section, the State's Attorney shall initiate
13forfeiture proceedings as provided in Article 36 of the
14Criminal Code of 2012. An owner or person who has a lien on the
15property may establish as a defense to the forfeiture of
16property that is subject to forfeiture under this Section that
17the owner or lienholder had no knowledge that the property was
18acquired through a pattern of streetgang related activity.
19Property that is forfeited under this Section shall be disposed
20of as provided in Article 36 of the Criminal Code of 2012 for
21the forfeiture of vehicles, vessels, and aircraft. The proceeds
22of the disposition shall be paid to the Gang Violence Victims
23and Witnesses Fund to be used to assist in the prosecution of
24gang crimes.
25    (f) Property seized or forfeited under this Section is
26subject to reporting under the Seizure and Forfeiture Reporting

 

 

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1Act.
2    (g) The changes made to this Section by Public Act 100-512
3100-0512 only apply to property seized on and after July 1,
42018.
5(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".