725 ILCS 5/ Code of Criminal Procedure of 1963.

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725 ILCS 5/Art. 124B Pt. 900

(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

(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

(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

acquired, in whole or in part, as a result of committing the violation.

(2) Any real property or interest in real property

that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired, in whole or in part, as a result of committing the violation or (ii) the person has maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. Real property subject to forfeiture under this Part 900 includes property that belongs to any of the following:

(A) The person organizing the show, exhibition,

program, or other activity described in subsections (a) through (g) of Section 4.01 of the Humane Care for Animals Act, Section 48-1 of the Criminal Code of 2012, or Section 26-5 of the Criminal Code of 1961.

(B) Any other person participating in the

activity described in subsections (a) through (g) of Section 4.01 of the Humane Care for Animals Act, Section 48-1 of the Criminal Code of 2012, or Section 26-5 of the Criminal Code of 1961 who is related to the organization and operation of the activity.

(C) Any person who knowingly allowed the

activities to occur on his or her premises.

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

    (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

current address are known, then notice or service shall be given or made either by personal service or by mailing a copy of the notice by certified mail, return receipt requested, to that address. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, then the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. If an owner's or interest holder's address changes before the effective date of the notice of pending forfeiture, however, the owner or interest holder shall promptly notify the seizing agency of the change in address. If the owner's or interest holder's address changes after the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney or Attorney General of the change in address.

(2) If the property seized is a conveyance, then

notice or service shall be given or made to the address reflected in the office of the agency or official in which title or interest to the conveyance is required by law to be recorded. Notice shall be given by mailing a copy of the notice by certified mail, return receipt requested, to that address.

(3) If the owner's or interest holder's address is

not known and is not on record as provided in paragraph (2), then notice of pending forfeiture shall be given by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.

(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

(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

(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

(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

    (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

(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,

county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based.

(2) 12.5% shall be distributed to the Office of the

State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted for use in the enforcement of laws, including laws governing animal fighting.

(3) 12.5% shall be distributed to the Illinois

Department of Agriculture for reimbursement of expenses incurred in the investigation, prosecution, and appeal of cases arising under laws governing animal fighting.

(4) 10% shall be retained by the Illinois State

Police for expenses related to the administration and sale of seized and forfeited property.

(Source: P.A. 102-538, eff. 8-20-21.)

725 ILCS 5/124B-940

(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.)