Illinois General Assembly - Full Text of HB3699
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Full Text of HB3699  102nd General Assembly

HB3699sam003 102ND GENERAL ASSEMBLY

Sen. Robert F. Martwick

Filed: 4/5/2022

 

 


 

 


 
10200HB3699sam003LRB102 14093 JDS 38744 a

1
AMENDMENT TO HOUSE BILL 3699

2    AMENDMENT NO. ______. Amend House Bill 3699, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois State Police Law of the Civil
6Administrative Code of Illinois is amended by changing
7Sections 2605-10 and 2605-590 as follows:
 
8    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
9    Sec. 2605-10. Powers and duties, generally.
10    (a) The Illinois State Police shall exercise the rights,
11powers, and duties that have been vested in the Illinois State
12Police by the following:
13    The Illinois State Police Act.
14    The Illinois State Police Radio Act.
15    The Criminal Identification Act.
16    The Illinois Vehicle Code.

 

 

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1    The Firearm Owners Identification Card Act.
2    The Firearm Concealed Carry Act.
3    The Gun Dealer Licensing Act.
4    The Intergovernmental Missing Child Recovery Act of 1984.
5    The Intergovernmental Law Drug Laws Enforcement Act.
6    The Narcotic Control Division Abolition Act.
7    (b) The Illinois State Police shall have the powers and
8duties set forth in the following Sections.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    (20 ILCS 2605/2605-590)
11    Sec. 2605-590. Drug Traffic Prevention Fund. Moneys
12deposited into the Drug Traffic Prevention Fund pursuant to
13subsection (e) of Section 5-9-1.1 and subsection (c) of
14Section 5-9-1.1-5 of the Unified Code of Corrections shall be
15appropriated to and administered by the Illinois State Police
16for funding of drug task forces and Metropolitan Enforcement
17Groups in accordance with the Intergovernmental Law Drug Laws
18Enforcement Act.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 10. The Intergovernmental Drug Laws Enforcement
21Act is amended by changing the title of the Act and Sections 1,
222.02, and 3 as follows:
 
23    (30 ILCS 715/Act title)

 

 

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1    An Act authorizing the establishment of Metropolitan
2Enforcement Groups to provide cooperation and increase
3efficiency in the enforcement of criminal drug laws among
4units of local government, and to amend an Act herein named.
 
5    (30 ILCS 715/1)  (from Ch. 56 1/2, par. 1701)
6    Sec. 1. This Act shall be known and may be cited as the
7"Intergovernmental Law Drug Laws Enforcement Act".
8(Source: P.A. 80-617.)
 
9    (30 ILCS 715/2.02)  (from Ch. 56 1/2, par. 1702.02)
10    Sec. 2.02. "Metropolitan Enforcement Group" or "MEG" means
11a combination of units of local government established under
12this Act to enforce the drug laws of this State and criminal
13laws of this State, as prescribed by this Act.
14(Source: P.A. 80-617.)
 
15    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
16    Sec. 3. A Metropolitan Enforcement Group that which meets
17the minimum criteria established in this Section is eligible
18to receive State grants to help defray the costs of operation.
19To be eligible a MEG must:
20        (1) Be established and operating pursuant to
21    intergovernmental contracts written and executed in
22    conformity with the Intergovernmental Cooperation Act, and
23    involve 2 or more units of local government.

 

 

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1        (2) Establish a MEG Policy Board composed of an
2    elected official, or his designee, and the chief law
3    enforcement officer, or his designee, from each
4    participating unit of local government to oversee the
5    operations of the MEG and make such reports to the
6    Illinois State Police as the Illinois State Police may
7    require.
8        (3) Designate a single appropriate elected official of
9    a participating unit of local government to act as the
10    financial officer of the MEG for all participating units
11    of local government and to receive funds for the operation
12    of the MEG.
13        (4) Limit its operations to enforcement of drug laws;
14    enforcement of Sections 10-9, 18-3, 18-4, 24-1, 24-1.1,
15    24-1.2, 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2,
16    24-3, 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7,
17    24-3.8, 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
18    Criminal Code of 2012; Sections 2, 3, 6.1, and 14 of the
19    Firearm Owners Identification Card Act; and the
20    investigation of streetgang related offenses.
21        (5) Cooperate with the Illinois State Police in order
22    to assure compliance with this Act and to enable the
23    Illinois State Police to fulfill its duties under this
24    Act, and supply the Illinois State Police with all
25    information the Illinois State Police deems necessary
26    therefor.

 

 

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1        (6) Receive funding of at least 50% of the total
2    operating budget of the MEG from the participating units
3    of local government.
4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5revised 10-6-21.)
 
6    Section 15. The Cannabis Control Act is amended by
7changing Section 10.2 as follows:
 
8    (720 ILCS 550/10.2)  (from Ch. 56 1/2, par. 710.2)
9    Sec. 10.2. (a) Twelve and one-half percent of all amounts
10collected as fines pursuant to the provisions of this Act
11shall be paid into the Youth Drug Abuse Prevention Fund, which
12is hereby created in the State treasury, to be used by the
13Department of Human Services for the funding of programs and
14services for drug-abuse treatment, and prevention and
15education services, for juveniles.
16    (b) Eighty-seven and one-half percent of the proceeds of
17all fines received under the provisions of this Act shall be
18transmitted to and deposited in the treasurer's office at the
19level of government as follows:
20        (1) If such seizure was made by a combination of law
21    enforcement personnel representing differing units of
22    local government, the court levying the fine shall
23    equitably allocate 50% of the fine among these units of
24    local government and shall allocate 37 1/2% to the county

 

 

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1    general corporate fund. In the event that the seizure was
2    made by law enforcement personnel representing a unit of
3    local government from a municipality where the number of
4    inhabitants exceeds 2 million in population, the court
5    levying the fine shall allocate 87 1/2% of the fine to that
6    unit of local government. If the seizure was made by a
7    combination of law enforcement personnel representing
8    differing units of local government, and at least one of
9    those units represents a municipality where the number of
10    inhabitants exceeds 2 million in population, the court
11    shall equitably allocate 87 1/2% of the proceeds of the
12    fines received among the differing units of local
13    government.
14        (2) If such seizure was made by State law enforcement
15    personnel, then the court shall allocate 37 1/2% to the
16    State treasury and 50% to the county general corporate
17    fund.
18        (3) If a State law enforcement agency in combination
19    with a law enforcement agency or agencies of a unit or
20    units of local government conducted the seizure, the court
21    shall equitably allocate 37 1/2% of the fines to or among
22    the law enforcement agency or agencies of the unit or
23    units of local government which conducted the seizure and
24    shall allocate 50% to the county general corporate fund.
25    (c) The proceeds of all fines allocated to the law
26enforcement agency or agencies of the unit or units of local

 

 

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1government pursuant to subsection (b) shall be made available
2to that law enforcement agency as expendable receipts for use
3in the enforcement of laws regulating controlled substances
4and cannabis. The proceeds of fines awarded to the State
5treasury shall be deposited in a special fund known as the Drug
6Traffic Prevention Fund, except that amounts distributed to
7the Secretary of State shall be deposited into the Secretary
8of State Evidence Fund to be used as provided in Section 2-115
9of the Illinois Vehicle Code. Monies from this fund may be used
10by the Illinois State Police for use in the enforcement of laws
11regulating controlled substances and cannabis; to satisfy
12funding provisions of the Intergovernmental Law Drug Laws
13Enforcement Act; to defray costs and expenses associated with
14returning violators of this Act, the Illinois Controlled
15Substances Act, and the Methamphetamine Control and Community
16Protection Act only, as provided in such Acts, when punishment
17of the crime shall be confinement of the criminal in the
18penitentiary; and all other monies shall be paid into the
19general revenue fund in the State treasury.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    Section 20. The Illinois Controlled Substances Act is
22amended by changing Section 413 as follows:
 
23    (720 ILCS 570/413)  (from Ch. 56 1/2, par. 1413)
24    Sec. 413. (a) Twelve and one-half percent of all amounts

 

 

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1collected as fines pursuant to the provisions of this Article
2shall be paid into the Youth Drug Abuse Prevention Fund, which
3is hereby created in the State treasury, to be used by the
4Department for the funding of programs and services for
5drug-abuse treatment, and prevention and education services,
6for juveniles.
7    (b) Eighty-seven and one-half percent of the proceeds of
8all fines received under the provisions of this Article shall
9be transmitted to and deposited in the treasurer's office at
10the level of government as follows:
11        (1) If such seizure was made by a combination of law
12    enforcement personnel representing differing units of
13    local government, the court levying the fine shall
14    equitably allocate 50% of the fine among these units of
15    local government and shall allocate 37 1/2% to the county
16    general corporate fund. In the event that the seizure was
17    made by law enforcement personnel representing a unit of
18    local government from a municipality where the number of
19    inhabitants exceeds 2 million in population, the court
20    levying the fine shall allocate 87 1/2% of the fine to that
21    unit of local government. If the seizure was made by a
22    combination of law enforcement personnel representing
23    differing units of local government, and at least one of
24    those units represents a municipality where the number of
25    inhabitants exceeds 2 million in population, the court
26    shall equitably allocate 87 1/2% of the proceeds of the

 

 

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1    fines received among the differing units of local
2    government.
3        (2) If such seizure was made by State law enforcement
4    personnel, then the court shall allocate 37 1/2% to the
5    State treasury and 50% to the county general corporate
6    fund.
7        (3) If a State law enforcement agency in combination
8    with a law enforcement agency or agencies of a unit or
9    units of local government conducted the seizure, the court
10    shall equitably allocate 37 1/2% of the fines to or among
11    the law enforcement agency or agencies of the unit or
12    units of local government which conducted the seizure and
13    shall allocate 50% to the county general corporate fund.
14    (c) The proceeds of all fines allocated to the law
15enforcement agency or agencies of the unit or units of local
16government pursuant to subsection (b) shall be made available
17to that law enforcement agency as expendable receipts for use
18in the enforcement of laws regulating cannabis,
19methamphetamine, and other controlled substances. The proceeds
20of fines awarded to the State treasury shall be deposited in a
21special fund known as the Drug Traffic Prevention Fund, except
22that amounts distributed to the Secretary of State shall be
23deposited into the Secretary of State Evidence Fund to be used
24as provided in Section 2-115 of the Illinois Vehicle Code.
25Monies from this fund may be used by the Illinois State Police
26or use in the enforcement of laws regulating cannabis,

 

 

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1methamphetamine, and other controlled substances; to satisfy
2funding provisions of the Intergovernmental Law Drug Laws
3Enforcement Act; to defray costs and expenses associated with
4returning violators of the Cannabis Control Act and this Act
5only, as provided in those Acts, when punishment of the crime
6shall be confinement of the criminal in the penitentiary; and
7all other monies shall be paid into the general revenue fund in
8the State treasury.
9(Source: P.A. 97-334, eff. 1-1-12.)
 
10    Section 25. The Methamphetamine Control and Community
11Protection Act is amended by changing Section 95 as follows:
 
12    (720 ILCS 646/95)
13    Sec. 95. Youth Drug Abuse Prevention Fund.
14    (a) Twelve and one-half percent of all amounts collected
15as fines pursuant to the provisions of this Article shall be
16paid into the Youth Drug Abuse Prevention Fund created by the
17Controlled Substances Act in the State treasury, to be used by
18the Department for the funding of programs and services for
19drug-abuse treatment, and prevention and education services,
20for juveniles.
21    (b) Eighty-seven and one-half percent of the proceeds of
22all fines received under the provisions of this Act shall be
23transmitted to and deposited into the State treasury and
24distributed as follows:

 

 

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1        (1) If such seizure was made by a combination of law
2    enforcement personnel representing differing units of
3    local government, the court levying the fine shall
4    equitably allocate 50% of the fine among these units of
5    local government and shall allocate 37.5% to the county
6    general corporate fund. If the seizure was made by law
7    enforcement personnel representing a unit of local
8    government from a municipality where the number of
9    inhabitants exceeds 2 million in population, the court
10    levying the fine shall allocate 87.5% of the fine to that
11    unit of local government. If the seizure was made by a
12    combination of law enforcement personnel representing
13    differing units of local government and if at least one of
14    those units represents a municipality where the number of
15    inhabitants exceeds 2 million in population, the court
16    shall equitably allocate 87.5% of the proceeds of the
17    fines received among the differing units of local
18    government.
19        (2) If such seizure was made by State law enforcement
20    personnel, then the court shall allocate 37.5% to the
21    State treasury and 50% to the county general corporate
22    fund.
23        (3) If a State law enforcement agency in combination
24    with any law enforcement agency or agencies of a unit or
25    units of local government conducted the seizure, the court
26    shall equitably allocate 37.5% of the fines to or among

 

 

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1    the law enforcement agency or agencies of the unit or
2    units of local government that conducted the seizure and
3    shall allocate 50% to the county general corporate fund.
4    (c) The proceeds of all fines allocated to the law
5enforcement agency or agencies of the unit or units of local
6government pursuant to subsection (b) shall be made available
7to that law enforcement agency as expendable receipts for use
8in the enforcement of laws regulating controlled substances
9and cannabis. The proceeds of fines awarded to the State
10treasury shall be deposited in a special fund known as the Drug
11Traffic Prevention Fund, except that amounts distributed to
12the Secretary of State shall be deposited into the Secretary
13of State Evidence Fund to be used as provided in Section 2-115
14of the Illinois Vehicle Code. Moneys from this Fund may be used
15by the Illinois State Police for use in the enforcement of laws
16regulating controlled substances and cannabis; to satisfy
17funding provisions of the Intergovernmental Law Drug Laws
18Enforcement Act; to defray costs and expenses associated with
19returning violators of the Cannabis Control Act and this Act
20only, as provided in those Acts, when punishment of the crime
21shall be confinement of the criminal in the penitentiary; and
22all other moneys shall be paid into the General Revenue Fund in
23the State treasury.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    Section 30. The Narcotics Profit Forfeiture Act is amended

 

 

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1by changing Sections 5 and 5.2 as follows:
 
2    (725 ILCS 175/5)  (from Ch. 56 1/2, par. 1655)
3    Sec. 5. (a) A person who commits the offense of narcotics
4racketeering shall:
5        (1) be guilty of a Class 1 felony; and
6        (2) be subject to a fine of up to $250,000.
7    A person who commits the offense of narcotics racketeering
8or who violates Section 3 of the Drug Paraphernalia Control
9Act shall forfeit to the State of Illinois: (A) any profits or
10proceeds and any property or property interest he has acquired
11or maintained in violation of this Act or Section 3 of the Drug
12Paraphernalia Control Act or has used to facilitate a
13violation of this Act that the court determines, after a
14forfeiture hearing, under subsection (b) of this Section to
15have been acquired or maintained as a result of narcotics
16racketeering or violating Section 3 of the Drug Paraphernalia
17Control Act, or used to facilitate narcotics racketeering; and
18(B) any interest in, security of, claim against, or property
19or contractual right of any kind affording a source of
20influence over, any enterprise which he has established,
21operated, controlled, conducted, or participated in the
22conduct of, in violation of this Act or Section 3 of the Drug
23Paraphernalia Control Act, that the court determines, after a
24forfeiture hearing, under subsection (b) of this Section to
25have been acquired or maintained as a result of narcotics

 

 

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1racketeering or violating Section 3 of the Drug Paraphernalia
2Control Act or used to facilitate narcotics racketeering.
3    (b) The court shall, upon petition by the Attorney General
4or State's Attorney, at any time subsequent to the filing of an
5information or return of an indictment, conduct a hearing to
6determine whether any property or property interest is subject
7to forfeiture under this Act. At the forfeiture hearing the
8people shall have the burden of establishing, by a
9preponderance of the evidence, that property or property
10interests are subject to forfeiture under this Act. There is a
11rebuttable presumption at such hearing that any property or
12property interest of a person charged by information or
13indictment with narcotics racketeering or who is convicted of
14a violation of Section 3 of the Drug Paraphernalia Control Act
15is subject to forfeiture under this Section if the State
16establishes by a preponderance of the evidence that:
17        (1) such property or property interest was acquired by
18    such person during the period of the violation of this Act
19    or Section 3 of the Drug Paraphernalia Control Act or
20    within a reasonable time after such period; and
21        (2) there was no likely source for such property or
22    property interest other than the violation of this Act or
23    Section 3 of the Drug Paraphernalia Control Act.
24    (c) In an action brought by the People of the State of
25Illinois under this Act, wherein any restraining order,
26injunction or prohibition or any other action in connection

 

 

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1with any property or property interest subject to forfeiture
2under this Act is sought, the circuit court which shall
3preside over the trial of the person or persons charged with
4narcotics racketeering as defined in Section 4 of this Act or
5violating Section 3 of the Drug Paraphernalia Control Act
6shall first determine whether there is probable cause to
7believe that the person or persons so charged has committed
8the offense of narcotics racketeering as defined in Section 4
9of this Act or a violation of Section 3 of the Drug
10Paraphernalia Control Act and whether the property or property
11interest is subject to forfeiture pursuant to this Act.
12    In order to make such a determination, prior to entering
13any such order, the court shall conduct a hearing without a
14jury, wherein the People shall establish that there is: (i)
15probable cause that the person or persons so charged have
16committed the offense of narcotics racketeering or violating
17Section 3 of the Drug Paraphernalia Control Act and (ii)
18probable cause that any property or property interest may be
19subject to forfeiture pursuant to this Act. Such hearing may
20be conducted simultaneously with a preliminary hearing, if the
21prosecution is commenced by information or complaint, or by
22motion of the People, at any stage in the proceedings. The
23court may accept a finding of probable cause at a preliminary
24hearing following the filing of an information charging the
25offense of narcotics racketeering as defined in Section 4 of
26this Act or the return of an indictment by a grand jury

 

 

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

 

 

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

 

 

10200HB3699sam003- 18 -LRB102 14093 JDS 38744 a

1        (1) An amount equal to 50% shall be distributed to the
2    unit of local government whose officers or employees
3    conducted the investigation into narcotics racketeering
4    and caused the arrest or arrests and prosecution leading
5    to the forfeiture. Amounts distributed to units of local
6    government shall be used for enforcement of laws governing
7    narcotics activity or for public education in the
8    community or schools in the prevention or detection of the
9    abuse of drugs or alcohol. In the event, however, that the
10    investigation, arrest or arrests and prosecution leading
11    to the forfeiture were undertaken solely by a State
12    agency, the portion provided hereunder shall be paid into
13    the Drug Traffic Prevention Fund in the State treasury to
14    be used for enforcement of laws governing narcotics
15    activity.
16        (2) An amount equal to 12.5% shall be distributed to
17    the county in which the prosecution resulting in the
18    forfeiture was instituted, deposited in a special fund in
19    the county treasury and appropriated to the State's
20    Attorney for use in the enforcement of laws governing
21    narcotics activity or for public education in the
22    community or schools in the prevention or detection of the
23    abuse of drugs or alcohol.
24        An amount equal to 12.5% shall be distributed to the
25    Office of the State's Attorneys Appellate Prosecutor and
26    deposited in the Narcotics Profit Forfeiture Fund, which

 

 

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

 

 

10200HB3699sam003- 20 -LRB102 14093 JDS 38744 a

1follows:
2        (1) 60% shall be distributed to the metropolitan
3    enforcement group, local, municipal, county, or State law
4    enforcement agency or agencies which conducted or
5    participated in the investigation resulting in the
6    forfeiture. The distribution shall bear a reasonable
7    relationship to the degree of direct participation of the
8    law enforcement agency in the effort resulting in the
9    forfeiture, taking into account the total value of the
10    property forfeited and the total law enforcement effort
11    with respect to the violation of the law on which the
12    forfeiture is based. Amounts distributed to the agency or
13    agencies shall be used for the enforcement of laws
14    governing cannabis and controlled substances or for public
15    education in the community or schools in the prevention or
16    detection of the abuse of drugs or alcohol.
17        (2) 25% shall be distributed by the Attorney General
18    as grants to drug education, treatment and prevention
19    programs licensed or approved by the Department of Human
20    Services. In making these grants, the Attorney General
21    shall take into account the plans and service priorities
22    of, and the needs identified by, the Department of Human
23    Services.
24        (3) 15% shall be distributed to the Attorney General
25    and the State's Attorney, if any, participating in the
26    prosecution resulting in the forfeiture. The distribution

 

 

10200HB3699sam003- 21 -LRB102 14093 JDS 38744 a

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

 

 

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1in the prevention or detection of the abuse of drugs or
2alcohol.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (725 ILCS 175/5.2)  (from Ch. 56 1/2, par. 1655.2)
5    Sec. 5.2. (a) Twelve and one-half percent of all amounts
6collected as fines pursuant to the provisions of this Act
7shall be paid into the Youth Drug Abuse Prevention Fund, which
8is hereby created in the State treasury, to be used by the
9Department of Human Services for the funding of programs and
10services for drug-abuse treatment, and prevention and
11education services, for juveniles.
12    (b) Eighty-seven and one-half percent of the proceeds of
13all fines received under the provisions of this Act shall be
14transmitted to and deposited in the treasurer's office at the
15level of government as follows:
16        (1) If such seizure was made by a combination of law
17    enforcement personnel representing differing units of
18    local government, the court levying the fine shall
19    equitably allocate 50% of the fine among these units of
20    local government and shall allocate 37 1/2% to the county
21    general corporate fund. In the event that the seizure was
22    made by law enforcement personnel representing a unit of
23    local government from a municipality where the number of
24    inhabitants exceeds 2 million in population, the court
25    levying the fine shall allocate 87 1/2% of the fine to that

 

 

10200HB3699sam003- 23 -LRB102 14093 JDS 38744 a

1    unit of local government. If the seizure was made by a
2    combination of law enforcement personnel representing
3    differing units of local government, and at least one of
4    those units represents a municipality where the number of
5    inhabitants exceeds 2 million in population, the court
6    shall equitably allocate 87 1/2% of the proceeds of the
7    fines received among the differing units of local
8    government.
9        (2) If such seizure was made by State law enforcement
10    personnel, then the court shall allocate 37 1/2% to the
11    State treasury and 50% to the county general corporate
12    fund.
13        (3) If a State law enforcement agency in combination
14    with a law enforcement agency or agencies of a unit or
15    units of local government conducted the seizure, the court
16    shall equitably allocate 37 1/2% of the fines to or among
17    the law enforcement agency or agencies of the unit or
18    units of local government which conducted the seizure and
19    shall allocate 50% to the county general corporate fund.
20    (c) The proceeds of all fines allocated to the law
21enforcement agency or agencies of the unit or units of local
22government pursuant to subsection (b) shall be made available
23to that law enforcement agency as expendable receipts for use
24in the enforcement of laws regulating controlled substances
25and cannabis. The proceeds of fines awarded to the State
26treasury shall be deposited in a special fund known as the Drug

 

 

10200HB3699sam003- 24 -LRB102 14093 JDS 38744 a

1Traffic Prevention Fund. Monies from this fund may be used by
2the Illinois State Police for use in the enforcement of laws
3regulating controlled substances and cannabis; to satisfy
4funding provisions of the Intergovernmental Law Drug Laws
5Enforcement Act; to defray costs and expenses associated with
6returning violators of the Cannabis Control Act and the
7Illinois Controlled Substances Act only, as provided in those
8Acts, when punishment of the crime shall be confinement of the
9criminal in the penitentiary; and all other monies shall be
10paid into the general revenue fund in the State treasury.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    Section 35. The Unified Code of Corrections is amended by
13changing Section 5-9-1.2 as follows:
 
14    (730 ILCS 5/5-9-1.2)  (from Ch. 38, par. 1005-9-1.2)
15    Sec. 5-9-1.2. (a) Twelve and one-half percent of all
16amounts collected as fines pursuant to Section 5-9-1.1 shall
17be paid into the Youth Drug Abuse Prevention Fund, which is
18hereby created in the State treasury, to be used by the
19Department of Human Services for the funding of programs and
20services for drug-abuse treatment, and prevention and
21education services, for juveniles.
22    (b) Eighty-seven and one-half percent of the proceeds of
23all fines received pursuant to Section 5-9-1.1 shall be
24transmitted to and deposited in the treasurer's office at the

 

 

10200HB3699sam003- 25 -LRB102 14093 JDS 38744 a

1level of government as follows:
2        (1) If such seizure was made by a combination of law
3    enforcement personnel representing differing units of
4    local government, the court levying the fine shall
5    equitably allocate 50% of the fine among these units of
6    local government and shall allocate 37 1/2% to the county
7    general corporate fund. In the event that the seizure was
8    made by law enforcement personnel representing a unit of
9    local government from a municipality where the number of
10    inhabitants exceeds 2 million in population, the court
11    levying the fine shall allocate 87 1/2% of the fine to that
12    unit of local government. If the seizure was made by a
13    combination of law enforcement personnel representing
14    differing units of local government, and at least one of
15    those units represents a municipality where the number of
16    inhabitants exceeds 2 million in population, the court
17    shall equitably allocate 87 1/2% of the proceeds of the
18    fines received among the differing units of local
19    government.
20        (2) If such seizure was made by State law enforcement
21    personnel, then the court shall allocate 37 1/2% to the
22    State treasury and 50% to the county general corporate
23    fund.
24        (3) If a State law enforcement agency in combination
25    with a law enforcement agency or agencies of a unit or
26    units of local government conducted the seizure, the court

 

 

10200HB3699sam003- 26 -LRB102 14093 JDS 38744 a

1    shall equitably allocate 37 1/2% of the fines to or among
2    the law enforcement agency or agencies of the unit or
3    units of local government which conducted the seizure and
4    shall allocate 50% to the county general corporate fund.
5    (c) The proceeds of all fines allocated to the law
6enforcement agency or agencies of the unit or units of local
7government pursuant to subsection (b) shall be made available
8to that law enforcement agency as expendable receipts for use
9in the enforcement of laws regulating controlled substances
10and cannabis. The proceeds of fines awarded to the State
11treasury shall be deposited in a special fund known as the Drug
12Traffic Prevention Fund. Monies from this fund may be used by
13the Illinois State Police for use in the enforcement of laws
14regulating controlled substances and cannabis; to satisfy
15funding provisions of the Intergovernmental Law Drug Laws
16Enforcement Act; and to defray costs and expenses associated
17with returning violators of the Cannabis Control Act, the
18Illinois Controlled Substances Act, and the Methamphetamine
19Control and Community Protection Act only, as provided in
20those Acts, when punishment of the crime shall be confinement
21of the criminal in the penitentiary. Moneys in the Drug
22Traffic Prevention Fund deposited from fines awarded as a
23direct result of enforcement efforts of the Illinois
24Conservation Police may be used by the Department of Natural
25Resources Office of Law Enforcement for use in enforcing laws
26regulating controlled substances and cannabis on Department of

 

 

10200HB3699sam003- 27 -LRB102 14093 JDS 38744 a

1Natural Resources regulated lands and waterways. All other
2monies shall be paid into the general revenue fund in the State
3treasury.
4    (d) There is created in the State treasury the
5Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
6be equitably allocated to local law enforcement agencies to:
7(1) reimburse those agencies for the costs of securing and
8cleaning up sites and facilities used for the illegal
9manufacture of methamphetamine; (2) defray the costs of
10employing full-time or part-time peace officers from a
11Metropolitan Enforcement Group or other local drug task force,
12including overtime costs for those officers; and (3) defray
13the costs associated with medical or dental expenses incurred
14by the county resulting from the incarceration of
15methamphetamine addicts in the county jail or County
16Department of Corrections.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".