[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0237
30 ILCS 105/5.449 new
725 ILCS 175/5 from Ch. 56 1/2, par. 1655
725 ILCS 175/5.2 from Ch. 56 1/2, par. 1655.2
Amends the Narcotics Profit Forfeiture Act to change the
distribution scheme of monies, sales proceeds of property
forfeited under the Act, and fines. Creates the Drug
Enforcement and Treatment Fund Council. Amends the State
Finance Act to create the Drug Enforcement and Treatment Fund
in the State treasury.
LRB9001332RCsb
LRB9001332RCsb
1 AN ACT in relation to the disposition of seized monies,
2 sales proceeds, and fines in narcotics racketeering cases.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by adding
6 Section 5.449 as follows:
7 (30 ILCS 105/5.449 new)
8 Sec. 5.449. The Drug Enforcement and Treatment Fund.
9 Section 10. The Narcotics Profit Forfeiture Act is
10 amended by changing Sections 5 and 5.2 as follows:
11 (725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
12 (Text of Section before amendment by P.A. 89-507)
13 Sec. 5. (a) A person who commits the offense of narcotics
14 racketeering shall:
15 (1) be guilty of a Class 1 felony; and
16 (2) be subject to a fine of up to $250,000.
17 A person who commits the offense of narcotics
18 racketeering or who violates Section 3 of the Drug
19 Paraphernalia Control Act shall forfeit to the State of
20 Illinois: (A) any profits or proceeds and any property or
21 property interest he has acquired or maintained in violation
22 of this Act or Section 3 of the Drug Paraphernalia Control
23 Act or has used to facilitate a violation of this Act that
24 the court determines, after a forfeiture hearing, under
25 subsection (b) of this Section to have been acquired or
26 maintained as a result of narcotics racketeering or violating
27 Section 3 of the Drug Paraphernalia Control Act, or used to
28 facilitate narcotics racketeering; and (B) any interest in,
29 security of, claim against, or property or contractual right
-2- LRB9001332RCsb
1 of any kind affording a source of influence over, any
2 enterprise which he has established, operated, controlled,
3 conducted, or participated in the conduct of, in violation of
4 this Act or Section 3 of the Drug Paraphernalia Control Act,
5 that the court determines, after a forfeiture hearing, under
6 subsection (b) of this Section to have been acquired or
7 maintained as a result of narcotics racketeering or violating
8 Section 3 of the Drug Paraphernalia Control Act or used to
9 facilitate narcotics racketeering.
10 (b) The court shall, upon petition by the Attorney
11 General or State's Attorney, at any time subsequent to the
12 filing of an information or return of an indictment, conduct
13 a hearing to determine whether any property or property
14 interest is subject to forfeiture under this Act. At the
15 forfeiture hearing the people shall have the burden of
16 establishing, by a preponderance of the evidence, that
17 property or property interests are subject to forfeiture
18 under this Act. There is a rebuttable presumption at such
19 hearing that any property or property interest of a person
20 charged by information or indictment with narcotics
21 racketeering or who is convicted of a violation of Section 3
22 of the Drug Paraphernalia Control Act is subject to
23 forfeiture under this Section if the State establishes by a
24 preponderance of the evidence that:
25 (1) such property or property interest was acquired
26 by such person during the period of the violation of this
27 Act or Section 3 of the Drug Paraphernalia Control Act or
28 within a reasonable time after such period; and
29 (2) there was no likely source for such property or
30 property interest other than the violation of this Act or
31 Section 3 of the Drug Paraphernalia Control Act.
32 (c) In an action brought by the People of the State of
33 Illinois under this Act, wherein any restraining order,
34 injunction or prohibition or any other action in connection
-3- LRB9001332RCsb
1 with any property or property interest subject to forfeiture
2 under this Act is sought, the circuit court which shall
3 preside over the trial of the person or persons charged with
4 narcotics racketeering as defined in Section 4 of this Act or
5 violating Section 3 of the Drug Paraphernalia Control Act
6 shall first determine whether there is probable cause to
7 believe that the person or persons so charged has committed
8 the offense of narcotics racketeering as defined in Section 4
9 of this Act or a violation of Section 3 of the Drug
10 Paraphernalia Control Act and whether the property or
11 property interest is subject to forfeiture pursuant to this
12 Act.
13 In order to make such a determination, prior to entering
14 any such order, the court shall conduct a hearing without a
15 jury, wherein the People shall establish that there is: (i)
16 probable cause that the person or persons so charged have
17 committed the offense of narcotics racketeering or violating
18 Section 3 of the Drug Paraphernalia Control Act and (ii)
19 probable cause that any property or property interest may be
20 subject to forfeiture pursuant to this Act. Such hearing may
21 be conducted simultaneously with a preliminary hearing, if
22 the prosecution is commenced by information or complaint, or
23 by motion of the People, at any stage in the proceedings.
24 The court may accept a finding of probable cause at a
25 preliminary hearing following the filing of an information
26 charging the offense of narcotics racketeering as defined in
27 Section 4 of this Act or the return of an indictment by a
28 grand jury charging the offense of narcotics racketeering as
29 defined in Section 4 of this Act or after a charge is filed
30 for violating Section 3 of the Drug Paraphernalia Control Act
31 as sufficient evidence of probable cause as provided in item
32 (i) above.
33 Upon such a finding, the circuit court shall enter such
34 restraining order, injunction or prohibition, or shall take
-4- LRB9001332RCsb
1 such other action in connection with any such property or
2 property interest subject to forfeiture under this Act, as is
3 necessary to insure that such property is not removed from
4 the jurisdiction of the court, concealed, destroyed or
5 otherwise disposed of by the owner of that property or
6 property interest prior to a forfeiture hearing under
7 subsection (b) of this Section. The Attorney General or
8 State's Attorney shall file a certified copy of such
9 restraining order, injunction or other prohibition with the
10 recorder of deeds or registrar of titles of each county where
11 any such property of the defendant may be located. No such
12 injunction, restraining order or other prohibition shall
13 affect the rights of any bona fide purchaser, mortgagee,
14 judgment creditor or other lien holder arising prior to the
15 date of such filing.
16 The court may, at any time, upon verified petition by the
17 defendant, conduct a hearing to release all or portions of
18 any such property or interest which the court previously
19 determined to be subject to forfeiture or subject to any
20 restraining order, injunction, or prohibition or other
21 action. The court may release such property to the defendant
22 for good cause shown and within the sound discretion of the
23 court.
24 (d) Prosecution under this Act may be commenced by the
25 Attorney General or a State's Attorney.
26 (e) Upon an order of forfeiture being entered pursuant
27 to subsection (b) of this Section, the court shall authorize
28 the Attorney General to seize any property or property
29 interest declared forfeited under this Act and under such
30 terms and conditions as the court shall deem proper. Any
31 property or property interest that has been the subject of an
32 entered restraining order, injunction or prohibition or any
33 other action filed under subsection (c) shall be forfeited
34 unless the claimant can show by a preponderance of the
-5- LRB9001332RCsb
1 evidence that the property or property interest has not been
2 acquired or maintained as a result of narcotics racketeering
3 or has not been used to facilitate narcotics racketeering.
4 (f) The Attorney General or his designee is authorized
5 to sell all property forfeited and seized pursuant to this
6 Act, unless such property is required by law to be destroyed
7 or is harmful to the public, and, after the deduction of all
8 requisite expenses of administration and sale, shall
9 distribute the proceeds of such sale, along with any moneys
10 forfeited or seized, in accordance with subsection (g) or
11 (h), whichever is applicable.
12 (g) All monies and the sale proceeds of all other
13 property forfeited and seized pursuant to this Act shall be
14 distributed as follows:
15 (1) 50% shall be paid into the Drug Traffic
16 Prevention Fund.
17 (2) 16 2/3% shall be distributed to the police
18 department of the unit of local government whose officers
19 or employees conducted the investigation into narcotics
20 racketeering and caused the arrest or arrests and
21 prosecutions leading to the forfeiture. Amounts
22 distributed to the police department shall be used for
23 enforcement of laws governing narcotics activity.
24 (3) 16 2/3% shall be distributed to the Department
25 of Alcoholism and Substance Abuse before July 1, 1997 for
26 grants to non-profit community organizations certified by
27 the Drug Enforcement and Treatment Fund Council.
28 (4) 16 2/3% shall be distributed to the Department
29 of Alcoholism and Substance Abuse before July 1, 1997 for
30 grants to non-profit agencies providing inpatient or
31 outpatient drug rehabilitation programs or crime
32 prevention, or both, which are certified by the Drug
33 Enforcement and Treatment Fund Council.
34 (1) An amount equal to 50% shall be distributed to
-6- LRB9001332RCsb
1 the unit of local government whose officers or employees
2 conducted the investigation into narcotics racketeering
3 and caused the arrest or arrests and prosecution leading
4 to the forfeiture. Amounts distributed to units of local
5 government shall be used for enforcement of laws
6 governing narcotics activity. In the event, however,
7 that the investigation, arrest or arrests and prosecution
8 leading to the forfeiture were undertaken solely by a
9 State agency, the portion provided hereunder shall be
10 paid into the Drug Traffic Prevention Fund in the State
11 treasury to be used for enforcement of laws governing
12 narcotics activity.
13 (2) An amount equal to 12.5% shall be distributed
14 to the county in which the prosecution resulting in the
15 forfeiture was instituted, deposited in a special fund in
16 the county treasury and appropriated to the State's
17 Attorney for use in the enforcement of laws governing
18 narcotics activity.
19 An amount equal to 12.5% shall be distributed to the
20 Office of the State's Attorneys Appellate Prosecutor and
21 deposited in the Narcotics Profit Forfeiture Fund, which
22 is hereby created in the State treasury, to be used by
23 the Office of the State's Attorneys Appellate Prosecutor
24 for additional expenses incurred in prosecuting appeals
25 arising under this Act. Any amounts remaining in the
26 Fund after all additional expenses have been paid shall
27 be used by the Office to reduce the participating county
28 contributions to the Office on a pro-rated basis as
29 determined by the board of governors of the Office of
30 the State's Attorneys Appellate Prosecutor based on the
31 populations of the participating counties.
32 (3) An amount equal to 25% shall be paid into the
33 Drug Traffic Prevention Fund in the State treasury to be
34 used by the Department of State Police for funding
-7- LRB9001332RCsb
1 Metropolitan Enforcement Groups created pursuant to the
2 Intergovernmental Drug Laws Enforcement Act. Any amounts
3 remaining in the Fund after full funding of Metropolitan
4 Enforcement Groups shall be used for enforcement, by the
5 State or any unit of local government, of laws governing
6 narcotics activity.
7 (h) Where the investigation or indictment for the
8 offense of narcotics racketeering or a violation of Section 3
9 of the Drug Paraphernalia Control Act has occurred under the
10 provisions of the Statewide Grand Jury Act, all monies and
11 the sale proceeds of all other property shall be distributed
12 as follows:
13 (1) 60% shall be distributed to the metropolitan
14 enforcement group, local, municipal, county, or State law
15 enforcement agency or agencies which 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 on which the
23 forfeiture is based. Amounts distributed to the agency
24 or agencies shall be used for the enforcement of laws
25 governing cannabis and controlled substances.
26 (2) 25% shall be distributed by the Attorney
27 General as grants to drug education, treatment and
28 prevention programs licensed or approved by the Illinois
29 Department of Alcoholism and Substance Abuse. In making
30 these grants, the Attorney General shall take into
31 account the plans and service priorities of, and the
32 needs identified by, the Department of Alcoholism and
33 Substance Abuse.
34 (3) 15% shall be distributed to the Attorney
-8- LRB9001332RCsb
1 General and the State's Attorney, if any, participating
2 in the prosecution resulting in the forfeiture. The
3 distribution shall bear a reasonable relationship to the
4 degree of direct participation in the prosecution of the
5 offense, taking into account the total value of the
6 property forfeited and the total amount of time spent in
7 preparing and presenting the case, the complexity of the
8 case and other similar factors. Amounts distributed to
9 the Attorney General under this paragraph shall be
10 retained in a fund held by the State Treasurer as
11 ex-officio custodian to be designated as the Statewide
12 Grand Jury Prosecution Fund and paid out upon the
13 direction of the Attorney General for expenses incurred
14 in criminal prosecutions arising under the Statewide
15 Grand Jury Act. Amounts distributed to a State's
16 Attorney shall be deposited in a special fund in the
17 county treasury and appropriated to the State's Attorney
18 for use in the enforcement of laws governing narcotics
19 activity.
20 (i) All monies deposited pursuant to this Act in the
21 Drug Traffic Prevention Fund established under Section
22 5-9-1.2 of the Unified Code of Corrections are appropriated,
23 on a continuing basis, to the Department of State Police to
24 be used for funding Metropolitan Enforcement Groups created
25 pursuant to the Intergovernmental Drug Laws Enforcement Act
26 or otherwise for the enforcement of laws governing narcotics
27 activity.
28 (Source: P.A. 86-271; 86-350; 86-1475; 87-435; 87-466;
29 87-895; 87-1013.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 5. (a) A person who commits the offense of narcotics
32 racketeering shall:
33 (1) be guilty of a Class 1 felony; and
34 (2) be subject to a fine of up to $250,000.
-9- LRB9001332RCsb
1 A person who commits the offense of narcotics
2 racketeering or who violates Section 3 of the Drug
3 Paraphernalia Control Act shall forfeit to the State of
4 Illinois: (A) any profits or proceeds and any property or
5 property interest he has acquired or maintained in violation
6 of this Act or Section 3 of the Drug Paraphernalia Control
7 Act or has used to facilitate a violation of this Act that
8 the court determines, after a forfeiture hearing, under
9 subsection (b) of this Section to have been acquired or
10 maintained as a result of narcotics racketeering or violating
11 Section 3 of the Drug Paraphernalia Control Act, or used to
12 facilitate narcotics racketeering; and (B) any interest in,
13 security of, claim against, or property or contractual right
14 of any kind affording a source of influence over, any
15 enterprise which he has established, operated, controlled,
16 conducted, or participated in the conduct of, in violation of
17 this Act or Section 3 of the Drug Paraphernalia Control Act,
18 that the court determines, after a forfeiture hearing, under
19 subsection (b) of this Section to have been acquired or
20 maintained as a result of narcotics racketeering or violating
21 Section 3 of the Drug Paraphernalia Control Act or used to
22 facilitate narcotics racketeering.
23 (b) The court shall, upon petition by the Attorney
24 General or State's Attorney, at any time subsequent to the
25 filing of an information or return of an indictment, conduct
26 a hearing to determine whether any property or property
27 interest is subject to forfeiture under this Act. At the
28 forfeiture hearing the people shall have the burden of
29 establishing, by a preponderance of the evidence, that
30 property or property interests are subject to forfeiture
31 under this Act. There is a rebuttable presumption at such
32 hearing that any property or property interest of a person
33 charged by information or indictment with narcotics
34 racketeering or who is convicted of a violation of Section 3
-10- LRB9001332RCsb
1 of the Drug Paraphernalia Control Act is subject to
2 forfeiture under this Section if the State establishes by a
3 preponderance of the evidence that:
4 (1) such property or property interest was acquired
5 by such person during the period of the violation of this
6 Act or Section 3 of the Drug Paraphernalia Control Act or
7 within a reasonable time after such period; and
8 (2) there was no likely source for such property or
9 property interest other than the violation of this Act or
10 Section 3 of the Drug Paraphernalia Control Act.
11 (c) In an action brought by the People of the State of
12 Illinois under this Act, wherein any restraining order,
13 injunction or prohibition or any other action in connection
14 with any property or property interest subject to forfeiture
15 under this Act is sought, the circuit court which shall
16 preside over the trial of the person or persons charged with
17 narcotics racketeering as defined in Section 4 of this Act or
18 violating Section 3 of the Drug Paraphernalia Control Act
19 shall first determine whether there is probable cause to
20 believe that the person or persons so charged has committed
21 the offense of narcotics racketeering as defined in Section 4
22 of this Act or a violation of Section 3 of the Drug
23 Paraphernalia Control Act and whether the property or
24 property interest is subject to forfeiture pursuant to this
25 Act.
26 In order to make such a determination, prior to entering
27 any such order, the court shall conduct a hearing without a
28 jury, wherein the People shall establish that there is: (i)
29 probable cause that the person or persons so charged have
30 committed the offense of narcotics racketeering or violating
31 Section 3 of the Drug Paraphernalia Control Act and (ii)
32 probable cause that any property or property interest may be
33 subject to forfeiture pursuant to this Act. Such hearing may
34 be conducted simultaneously with a preliminary hearing, if
-11- LRB9001332RCsb
1 the prosecution is commenced by information or complaint, or
2 by motion of the People, at any stage in the proceedings.
3 The court may accept a finding of probable cause at a
4 preliminary hearing following the filing of an information
5 charging the offense of narcotics racketeering as defined in
6 Section 4 of this Act or the return of an indictment by a
7 grand jury charging the offense of narcotics racketeering as
8 defined in Section 4 of this Act or after a charge is filed
9 for violating Section 3 of the Drug Paraphernalia Control Act
10 as sufficient evidence of probable cause as provided in item
11 (i) above.
12 Upon such a finding, the circuit court shall enter such
13 restraining order, injunction or prohibition, or shall take
14 such other action in connection with any such property or
15 property interest subject to forfeiture under this Act, as is
16 necessary to insure that such property is not removed from
17 the jurisdiction of the court, concealed, destroyed or
18 otherwise disposed of by the owner of that property or
19 property interest prior to a forfeiture hearing under
20 subsection (b) of this Section. The Attorney General or
21 State's Attorney shall file a certified copy of such
22 restraining order, injunction or other prohibition with the
23 recorder of deeds or registrar of titles of each county where
24 any such property of the defendant may be located. No such
25 injunction, restraining order or other prohibition shall
26 affect the rights of any bona fide purchaser, mortgagee,
27 judgment creditor or other lien holder arising prior to the
28 date of such filing.
29 The court may, at any time, upon verified petition by the
30 defendant, conduct a hearing to release all or portions of
31 any such property or interest which the court previously
32 determined to be subject to forfeiture or subject to any
33 restraining order, injunction, or prohibition or other
34 action. The court may release such property to the defendant
-12- LRB9001332RCsb
1 for good cause shown and within the sound discretion of the
2 court.
3 (d) Prosecution under this Act may be commenced by the
4 Attorney General or a State's Attorney.
5 (e) Upon an order of forfeiture being entered pursuant
6 to subsection (b) of this Section, the court shall authorize
7 the Attorney General to seize any property or property
8 interest declared forfeited under this Act and under such
9 terms and conditions as the court shall deem proper. Any
10 property or property interest that has been the subject of an
11 entered restraining order, injunction or prohibition or any
12 other action filed under subsection (c) shall be forfeited
13 unless the claimant can show by a preponderance of the
14 evidence that the property or property interest has not been
15 acquired or maintained as a result of narcotics racketeering
16 or has not been used to facilitate narcotics racketeering.
17 (f) The Attorney General or his designee is authorized
18 to sell all property forfeited and seized pursuant to this
19 Act, unless such property is required by law to be destroyed
20 or is harmful to the public, and, after the deduction of all
21 requisite expenses of administration and sale, shall
22 distribute the proceeds of such sale, along with any moneys
23 forfeited or seized, in accordance with subsection (g) or
24 (h), whichever is applicable.
25 (g) All monies and the sale proceeds of all other
26 property forfeited and seized pursuant to this Act shall be
27 distributed as follows:
28 (1) 50% shall be paid into the Drug Traffic
29 Prevention Fund.
30 (2) 16 2/3% shall be distributed to the police
31 department of the unit of local government whose officers
32 or employees conducted the investigation into narcotics
33 racketeering and caused the arrest or arrests and
34 prosecutions leading to the forfeiture. Amounts
-13- LRB9001332RCsb
1 distributed to the police department shall be used for
2 enforcement of laws governing narcotics activity.
3 (3) 16 2/3% shall be distributed to the Department
4 of Human Services on or after July 1, 1997 for grants to
5 non-profit community organizations certified by the Drug
6 Enforcement and Treatment Fund Council.
7 (4) 16 2/3% shall be distributed to the Department
8 of Human Services on or after July 1, 1997 for grants to
9 non-profit agencies providing inpatient or outpatient
10 drug rehabilitation programs or crime prevention, or
11 both, which are certified by the Drug Enforcement and
12 Treatment Fund Council.
13 (1) An amount equal to 50% shall be distributed to
14 the unit of local government whose officers or employees
15 conducted the investigation into narcotics racketeering
16 and caused the arrest or arrests and prosecution leading
17 to the forfeiture. Amounts distributed to units of local
18 government shall be used for enforcement of laws
19 governing narcotics activity. In the event, however,
20 that the investigation, arrest or arrests and prosecution
21 leading to the forfeiture were undertaken solely by a
22 State agency, the portion provided hereunder shall be
23 paid into the Drug Traffic Prevention Fund in the State
24 treasury to be used for enforcement of laws governing
25 narcotics activity.
26 (2) An amount equal to 12.5% shall be distributed
27 to the county in which the prosecution resulting in the
28 forfeiture was instituted, deposited in a special fund in
29 the county treasury and appropriated to the State's
30 Attorney for use in the enforcement of laws governing
31 narcotics activity.
32 An amount equal to 12.5% shall be distributed to the
33 Office of the State's Attorneys Appellate Prosecutor and
34 deposited in the Narcotics Profit Forfeiture Fund, which
-14- LRB9001332RCsb
1 is hereby created in the State treasury, to be used by
2 the Office of the State's Attorneys Appellate Prosecutor
3 for additional expenses incurred in prosecuting appeals
4 arising under this Act. Any amounts remaining in the
5 Fund after all additional expenses have been paid shall
6 be used 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
9 the 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
12 Drug Traffic Prevention Fund in the State treasury to be
13 used by the Department of State Police for funding
14 Metropolitan Enforcement Groups created pursuant to the
15 Intergovernmental Drug Laws Enforcement Act. Any amounts
16 remaining in the Fund after full funding of Metropolitan
17 Enforcement Groups shall be used for enforcement, by the
18 State or any unit of local government, of laws governing
19 narcotics activity.
20 (h) Where the investigation or indictment for the
21 offense of narcotics racketeering or a violation of Section 3
22 of the Drug Paraphernalia Control Act has occurred under the
23 provisions of the Statewide Grand Jury Act, all monies and
24 the sale proceeds of all other property shall be distributed
25 as follows:
26 (1) 60% shall be distributed to the metropolitan
27 enforcement group, local, municipal, county, or State law
28 enforcement agency or agencies which conducted or
29 participated in the investigation resulting in the
30 forfeiture. The distribution shall bear a reasonable
31 relationship to the degree of direct participation of the
32 law enforcement agency in the effort resulting in the
33 forfeiture, taking into account the total value of the
34 property forfeited and the total law enforcement effort
-15- LRB9001332RCsb
1 with respect to the violation of the law on which the
2 forfeiture is based. Amounts distributed to the agency
3 or agencies shall be used for the enforcement of laws
4 governing cannabis and controlled substances.
5 (2) 25% shall be distributed by the Attorney
6 General as grants to drug education, treatment and
7 prevention programs licensed or approved by the
8 Department of Human Services. In making these grants,
9 the Attorney General shall take into account the plans
10 and service priorities of, and the needs identified by,
11 the Department of Human Services.
12 (3) 15% shall be distributed to the Attorney
13 General and the State's Attorney, if any, participating
14 in the prosecution resulting in the forfeiture. The
15 distribution shall bear a reasonable relationship to the
16 degree of direct participation in the prosecution of the
17 offense, taking into account the total value of the
18 property forfeited and the total amount of time spent in
19 preparing and presenting the case, the complexity of the
20 case and other similar factors. Amounts distributed to
21 the Attorney General under this paragraph shall be
22 retained in a fund held by the State Treasurer as
23 ex-officio custodian to be designated as the Statewide
24 Grand Jury Prosecution Fund and paid out upon the
25 direction of the Attorney General for expenses incurred
26 in criminal prosecutions arising under the Statewide
27 Grand Jury Act. Amounts distributed to a State's
28 Attorney shall be deposited in a special fund in the
29 county treasury and appropriated to the State's Attorney
30 for use in the enforcement of laws governing narcotics
31 activity.
32 (i) All monies deposited pursuant to this Act in the
33 Drug Traffic Prevention Fund established under Section
34 5-9-1.2 of the Unified Code of Corrections are appropriated,
-16- LRB9001332RCsb
1 on a continuing basis, to the Department of State Police to
2 be used for funding Metropolitan Enforcement Groups created
3 pursuant to the Intergovernmental Drug Laws Enforcement Act
4 or otherwise for the enforcement of laws governing narcotics
5 activity.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 (725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 5.2. (a) Twelve and one-half percent of all amounts
10 collected as fines pursuant to the provisions of this Act
11 shall be paid into the Youth Drug Abuse Prevention Fund,
12 which is hereby created in the State treasury, to be used by
13 the Department of Alcoholism and Substance Abuse for the
14 funding of programs and services for drug-abuse treatment,
15 and prevention and education services, for juveniles.
16 (b) Eighty-seven and one-half percent of the proceeds of
17 all fines received under the provisions of this Act shall be
18 deposited in the Drug Enforcement and Treatment Fund, which
19 is hereby created in the State treasury, to be used by the
20 Department of Alcoholism and Substance Abuse before July 1,
21 1997 for grants to non-profit community organizations and
22 agencies for reducing the incidence of drug use, providing
23 inpatient or outpatient drug rehabilitation programs and for
24 reducing the incidence of crime or to teach crime prevention
25 techniques to community residents.
26 (c) (1) There is hereby created the Drug Enforcement and
27 Treatment Fund Council, hereafter referred to as the Council,
28 consisting of 10 members appointed by the Governor, 3 of whom
29 shall be representatives from non-profit or non-partisan
30 community organizations, 3 of whom shall be law enforcement
31 officials, 3 of whom shall be drug treatment or drug
32 rehabilitation specialists and one of whom shall be a
33 representative of the Department of Alcoholism and Substance
-17- LRB9001332RCsb
1 Abuse before July 1, 1997.
2 (2) Members of the Council shall serve 2 year terms.
3 Vacancies on the Council shall be filled by the Governor for
4 the unexpired term. The Governor shall designate a member of
5 the Council to serve as Chairman. The Council shall choose
6 its other officers and shall meet at least 4 times a year.
7 The Council shall meet at such times as the Council may
8 direct or upon call of the Chairman.
9 (3) Members of the Council shall receive no compensation
10 for their services, but shall be reimbursed for the expenses
11 necessarily incurred in the performance of their duties.
12 (4) The Council shall certify the eligibility of
13 non-profit community organizations and agencies providing
14 community programs offered to reduce the incidence of drug
15 use; or providing programs to reduce the incidence of crime
16 in the community or to teach crime prevention techniques to
17 community residents. The Council shall conduct annual
18 evaluations of such programs receiving funding from the
19 Department of Alcoholism and Substance Abuse before July 1,
20 1997.
21 (5) To be eligible for grants, non-profit community
22 organizations and agencies shall submit evidence to the
23 Council that:
24 (i) the organization or agency has actively provided
25 community programs offered to reduce the incidence of drug
26 abuse; or
27 (ii) the organization or agency provides inpatient or
28 outpatient drug rehabilitation programs; or
29 (iii) the organization or agency has submitted to the
30 Council a plan for programs to reduce the incidence of crime
31 in the community or to teach crime prevention techniques to
32 community residents. transmitted to and deposited in the
33 treasurer's office at the level of government as follows:
34 (1) If such seizure was made by a combination of
-18- LRB9001332RCsb
1 law enforcement personnel representing differing units of
2 local government, the court levying the fine shall
3 equitably allocate 50% of the fine among these units of
4 local government and shall allocate 37 1/2% to the county
5 general corporate fund. In the event that the seizure was
6 made by law enforcement personnel representing a unit of
7 local government from a municipality where the number of
8 inhabitants exceeds 2 million in population, the court
9 levying the fine shall allocate 87 1/2% of the fine to
10 that unit of local government. If the seizure was made
11 by a combination of law enforcement personnel
12 representing differing units of local government, and at
13 least one of those units represents a municipality where
14 the number of inhabitants exceeds 2 million in
15 population, the court shall equitably allocate 87 1/2% of
16 the proceeds of the fines received among the differing
17 units of local government.
18 (2) If such seizure was made by State law
19 enforcement personnel, then the court shall allocate 37
20 1/2% to the State treasury and 50% to the county general
21 corporate fund.
22 (3) If a State law enforcement agency in
23 combination with a law enforcement agency or agencies of
24 a unit or units of local government conducted the
25 seizure, the court shall equitably allocate 37 1/2% of
26 the fines to or among the law enforcement agency or
27 agencies of the unit or units of local government which
28 conducted the seizure and shall allocate 50% to the
29 county general corporate fund.
30 (c) The proceeds of all fines allocated to the law
31 enforcement agency or agencies of the unit or units of local
32 government pursuant to subsection (b) shall be made available
33 to that law enforcement agency as expendable receipts for use
34 in the enforcement of laws regulating controlled substances
-19- LRB9001332RCsb
1 and cannabis. The proceeds of fines awarded to the State
2 treasury shall be deposited in a special fund known as the
3 Drug Traffic Prevention Fund. Monies from this fund may be
4 used by the Department of State Police for use in the
5 enforcement of laws regulating controlled substances and
6 cannabis; to satisfy funding provisions of the
7 Intergovernmental Drug Laws Enforcement Act; to defray costs
8 and expenses associated with returning violators of the
9 Cannabis Control Act and the Illinois Controlled Substances
10 Act only, as provided in those Acts, when punishment of the
11 crime shall be confinement of the criminal in the
12 penitentiary; and all other monies shall be paid into the
13 general revenue fund in the State treasury.
14 (Source: P.A. 87-342.)
15 (Text of Section after amendment by P.A. 89-507)
16 Sec. 5.2. (a) Twelve and one-half percent of all amounts
17 collected as fines pursuant to the provisions of this Act
18 shall be paid into the Youth Drug Abuse Prevention Fund,
19 which is hereby created in the State treasury, to be used by
20 the Department of Human Services for the funding of programs
21 and services for drug-abuse treatment, and prevention and
22 education services, for juveniles.
23 (b) Eighty-seven and one-half percent of the proceeds of
24 all fines received under the provisions of this Act shall be
25 deposited in the Drug Enforcement and Treatment Fund, which
26 is hereby created in the State treasury, to be used by the
27 Department of Human Services on or after July 1, 1997 for
28 grants to non-profit community organizations and agencies for
29 reducing the incidence of drug use, providing inpatient or
30 outpatient drug rehabilitation programs and for reducing the
31 incidence of crime or to teach crime prevention techniques to
32 community residents.
33 (c) (1) There is hereby created the Drug Enforcement and
34 Treatment Fund Council, hereafter referred to as the Council,
-20- LRB9001332RCsb
1 consisting of 10 members appointed by the Governor, 3 of whom
2 shall be representatives from non-profit or non-partisan
3 community organizations, 3 of whom shall be law enforcement
4 officials, 3 of whom shall be drug treatment or drug
5 rehabilitation specialists and one of whom shall be a
6 representative of the Department of Human Services on or
7 after July 1, 1997.
8 (2) Members of the Council shall serve 2 year terms.
9 Vacancies on the Council shall be filled by the Governor for
10 the unexpired term. The Governor shall designate a member of
11 the Council to serve as Chairman. The Council shall choose
12 its other officers and shall meet at least 4 times a year.
13 The Council shall meet at such times as the Council may
14 direct or upon call of the Chairman.
15 (3) Members of the Council shall receive no compensation
16 for their services, but shall be reimbursed for the expenses
17 necessarily incurred in the performance of their duties.
18 (4) The Council shall certify the eligibility of
19 non-profit community organizations and agencies providing
20 community programs offered to reduce the incidence of drug
21 use; or providing programs to reduce the incidence of crime
22 in the community or to teach crime prevention techniques to
23 community residents. The Council shall conduct annual
24 evaluations of such programs receiving funding from the
25 Department of Human Services on or after July 1, 1997.
26 (5) To be eligible for grants, non-profit community
27 organizations and agencies shall submit evidence to the
28 Council that:
29 (i) the organization or agency has actively provided
30 community programs offered to reduce the incidence of drug
31 abuse; or
32 (ii) the organization or agency provides inpatient or
33 outpatient drug rehabilitation programs; or
34 (iii) the organization or agency has submitted to the
-21- LRB9001332RCsb
1 Council a plan for programs to reduce the incidence of crime
2 in the community or to teach crime prevention techniques to
3 community residents. transmitted to and deposited in the
4 treasurer's office at the level of government as follows:
5 (1) If such seizure was made by a combination of
6 law enforcement personnel representing differing units of
7 local government, the court levying the fine shall
8 equitably allocate 50% of the fine among these units of
9 local government and shall allocate 37 1/2% to the county
10 general corporate fund. In the event that the seizure was
11 made by law enforcement personnel representing a unit of
12 local government from a municipality where the number of
13 inhabitants exceeds 2 million in population, the court
14 levying the fine shall allocate 87 1/2% of the fine to
15 that unit of local government. If the seizure was made
16 by a combination of law enforcement personnel
17 representing differing units of local government, and at
18 least one of those units represents a municipality where
19 the number of inhabitants exceeds 2 million in
20 population, the court shall equitably allocate 87 1/2% of
21 the proceeds of the fines received among the differing
22 units of local government.
23 (2) If such seizure was made by State law
24 enforcement personnel, then the court shall allocate 37
25 1/2% to the State treasury and 50% to the county general
26 corporate fund.
27 (3) If a State law enforcement agency in
28 combination with a law enforcement agency or agencies of
29 a unit or units of local government conducted the
30 seizure, the court shall equitably allocate 37 1/2% of
31 the fines to or among the law enforcement agency or
32 agencies of the unit or units of local government which
33 conducted the seizure and shall allocate 50% to the
34 county general corporate fund.
-22- LRB9001332RCsb
1 (c) The proceeds of all fines allocated to the law
2 enforcement agency or agencies of the unit or units of local
3 government pursuant to subsection (b) shall be made available
4 to that law enforcement agency as expendable receipts for use
5 in the enforcement of laws regulating controlled substances
6 and cannabis. The proceeds of fines awarded to the State
7 treasury shall be deposited in a special fund known as the
8 Drug Traffic Prevention Fund. Monies from this fund may be
9 used by the Department of State Police for use in the
10 enforcement of laws regulating controlled substances and
11 cannabis; to satisfy funding provisions of the
12 Intergovernmental Drug Laws Enforcement Act; to defray costs
13 and expenses associated with returning violators of the
14 Cannabis Control Act and the Illinois Controlled Substances
15 Act only, as provided in those Acts, when punishment of the
16 crime shall be confinement of the criminal in the
17 penitentiary; and all other monies shall be paid into the
18 general revenue fund in the State treasury.
19 (Source: P.A. 89-507, eff. 7-1-97.)
20 Section 95. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.