(725 ILCS 5/Art. 124B Pt. 900 heading)
Part 900. Animals
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-900)
Sec. 124B-900. Legislative declaration. The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show, exhibition, program, or other activity featuring or otherwise involving a fight between an animal and any other animal or human or involving the intentional killing of any animal for the purpose of sport, wagering, or entertainment will have a significant beneficial effect in deterring the rising incidence of those activities within this State, as well as other crimes that frequently occur in partnership with animal fighting, such as illegal gambling, possession of narcotics, and weapons violations.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-905)
Sec. 124B-905. Persons and property subject to forfeiture. A person who commits a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 48-1 or Section 26-5 of the Criminal Code of 2012 or the Criminal Code of 1961 shall forfeit the following: (1) Any moneys, profits, or proceeds the person | ||
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(2) Any real property or interest in real property | ||
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(A) The person organizing the show, exhibition, | ||
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(B) Any other person participating in the | ||
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(C) Any person who knowingly allowed the | ||
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The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Section 4.01 of the Humane Care for Animals Act, a felony violation of Section 48-1 of the Criminal Code of 2012 or Section 26-5 of the Criminal Code of 1961.
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-910) Sec. 124B-910. Notice to or service on owner or interest holder. (a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Article, the notice or service shall be given or made as follows: (1) If the owner's or interest holder's name and | ||
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(2) If the property seized is a conveyance, then | ||
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(3) If the owner's or interest holder's address is | ||
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(b) Notice of pending forfeiture served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-915)
Sec. 124B-915. Property vests in State. All property declared forfeited under this Article vests in the State on the date of the commission of the conduct giving rise to forfeiture, together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the transferee claims and establishes in a hearing under the provisions of this Article that the transferee's interest is exempt from forfeiture.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-920) Sec. 124B-920. Defendant precluded
from later denying the essential allegations of the offense. A defendant convicted in any criminal proceeding is precluded
from later denying the essential allegations of the criminal offense of
which the defendant was convicted in any proceeding under this Article
regardless of the pendency of an
appeal from that conviction. However, evidence of the pendency of an
appeal is admissible.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-925)
Sec. 124B-925. Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in an amount and upon terms that are set out in writing in a settlement agreement.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-930) Sec. 124B-930. Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney or Attorney General under this Article. (b) When property is forfeited under this Article, the Director of the Illinois State Police shall sell all such property and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B-935.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-935)
Sec. 124B-935. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 900 shall be distributed as follows: (1) 65% shall be distributed to the local, municipal, | ||
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(2) 12.5% shall be distributed to the Office of the | ||
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(3) 12.5% shall be distributed to the Illinois | ||
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(4) 10% shall be retained by the Illinois State | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-940)
Sec. 124B-940. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 900.
(Source: P.A. 96-712, eff. 1-1-10.) |