Public Act 097-0544
 
SB2268 EnrolledLRB097 10022 RLC 50193 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by adding
Section 36-1.5 as follows:
 
    (720 ILCS 5/36-1.5 new)
    Sec. 36-1.5. Preliminary Review.
    (a) Within 14 days of the seizure, the State shall seek a
preliminary determination from the circuit court as to whether
there is probable cause that the property may be subject to
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding
conducted under this Section.
    (c) The court may conduct the review under subsection (a)
simultaneously with a proceeding pursuant to Section 109-1 of
the Code of Criminal Procedure of 1963 for a related criminal
offense if a prosecution is commenced by information or
complaint.
    (d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a).
    (e) Upon making a finding of probable cause as required
under this Section, and after taking into account the
respective interests of all known claimants to the property
including the State, the circuit court shall enter a
restraining order or injunction, or take other appropriate
action, as necessary to ensure that the property is not removed
from the court's jurisdiction and is not concealed, destroyed,
or otherwise disposed of by the property owner or interest
holder before a forfeiture hearing is conducted.
 
    Section 6. The Cannabis Control Act is amended by changing
Section 12 as follows:
 
    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
    Sec. 12. (a) The following are subject to forfeiture:
        (1) all substances containing cannabis which have been
    produced, manufactured, delivered, or possessed in
    violation of this Act;
        (2) all raw materials, products and equipment of any
    kind which are produced, delivered, or possessed in
    connection with any substance containing cannabis in
    violation of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraph (1) or (2) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he neither had knowledge of nor
        consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act;
        (6) all real property, including any right, title, and
    interest including, but not limited to, any leasehold
    interest or the beneficial interest to a land trust, in the
    whole of any lot or tract of land and any appurtenances or
    improvements, that is used or intended to be used to
    facilitate the manufacture, distribution, sale, receipt,
    or concealment of property described in paragraph (1) or
    (2) of this subsection (a) that constitutes a felony
    violation of more than 2,000 grams of a substance
    containing cannabis or that is the proceeds of any felony
    violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (2) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (3) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (4) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (c-1) In the event the State's Attorney is of the opinion
that real property is subject to forfeiture under this Act,
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act. The exemptions from
forfeiture provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act are applicable.
    (d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director 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 under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property, estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by him;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
    (f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or state law
    enforcement agency or agencies which 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. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances or for
    security cameras used for the prevention or detection of
    violence, except that amounts distributed to the Secretary
    of State shall be deposited into the Secretary of State
    Evidence Fund to be used as provided in Section 2-115 of
    the Illinois Vehicle Code.
        (2)(i) 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, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances. In counties
    over 3,000,000 population, 25% will be distributed to the
    Office of the State's Attorney for use in the enforcement
    of laws governing cannabis and controlled substances. If
    the prosecution is undertaken solely by the Attorney
    General, the portion provided hereunder shall be
    distributed to the Attorney General for use in the
    enforcement of laws governing cannabis and controlled
    substances.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that Office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 94-1004, eff. 7-3-06; 95-989, eff. 10-3-08.)
 
    Section 7. The Illinois Controlled Substances Act is
amended by changing Section 505 as follows:
 
    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
    Sec. 505. (a) The following are subject to forfeiture:
        (1) all substances which have been manufactured,
    distributed, dispensed, or possessed in violation of this
    Act;
        (2) all raw materials, products and equipment of any
    kind which are used, or intended for use in manufacturing,
    distributing, dispensing, administering or possessing any
    substance in violation of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraphs (1) and (2), but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he neither had knowledge of nor
        consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended to
    be used in violation of this Act;
        (5) everything of value furnished, or intended to be
    furnished, in exchange for a substance in violation of this
    Act, all proceeds traceable to such an exchange, and all
    moneys, negotiable instruments, and securities used, or
    intended to be used, to commit or in any manner to
    facilitate any violation of this Act;
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of Section 401 or 405 of this Act or that is the
    proceeds of any violation or act that constitutes a
    violation of Section 401 or 405 of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the seizure is incident to inspection under an
    administrative inspection warrant;
        (2) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding, or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (3) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (4) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (5) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director 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 under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    Director;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) If the Department of Professional Regulation suspends
or revokes a registration, all controlled substances owned or
possessed by the registrant at the time of suspension or the
effective date of the revocation order may be placed under
seal. No disposition may be made of substances under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court. Upon a revocation rule
becoming final, all substances may be forfeited to the
Department of Professional Regulation.
    (f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or state law
    enforcement agency or agencies which 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. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances or for
    security cameras used for the prevention or detection of
    violence, except that amounts distributed to the Secretary
    of State shall be deposited into the Secretary of State
    Evidence Fund to be used as provided in Section 2-115 of
    the Illinois Vehicle Code.
        (2)(i) 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, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances. In counties
    over 3,000,000 population, 25% will be distributed to the
    Office of the State's Attorney for use in the enforcement
    of laws governing cannabis and controlled substances. If
    the prosecution is undertaken solely by the Attorney
    General, the portion provided hereunder shall be
    distributed to the Attorney General for use in the
    enforcement of laws governing cannabis and controlled
    substances.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
    (h) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this Act, or of which the owners or
cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the State. The failure, upon
demand by the Director or any peace officer, of the person in
occupancy or in control of land or premises upon which the
species of plants are growing or being stored, to produce
registration, or proof that he is the holder thereof,
constitutes authority for the seizure and forfeiture of the
plants.
(Source: P.A. 94-1004, eff. 7-3-06.)
 
    Section 8. The Methamphetamine Control and Community
Protection Act is amended by changing Section 85 as follows:
 
    (720 ILCS 646/85)
    Sec. 85. Forfeiture.
    (a) The following are subject to forfeiture:
        (1) all substances containing methamphetamine which
    have been produced, manufactured, delivered, or possessed
    in violation of this Act;
        (2) all methamphetamine manufacturing materials which
    have been produced, delivered, or possessed in connection
    with any substance containing methamphetamine in violation
    of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraph (1) or (2) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act.
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used, or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of this Act or that is the proceeds of any
    violation or act that constitutes a violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (2) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (3) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (4) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (d) Property taken or detained under this Section is not
subject to replevin, but is deemed to be in the custody of the
Director 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 under the Drug Asset
Forfeiture Procedure Act. When property is seized under this
Act, the seizing agency shall promptly conduct an inventory of
the seized property, estimate the property's value, and forward
a copy of the inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by him or
    her;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
    (f) When property is forfeited under this Act, the Director
shall sell the property unless the property is required by law
to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to methamphetamine, cannabis, or
controlled substances, if the agency or prosecutor
demonstrates that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. When any
forfeited conveyance, including an aircraft, vehicle, or
vessel, is returned to the seizing agency or prosecutor, the
conveyance may be used immediately in the enforcement of the
criminal laws of this State. Upon disposal, all proceeds from
the sale of the conveyance must be used for drug enforcement
purposes. When any real property returned to the seizing agency
is sold by the agency or its unit of government, the proceeds
of the sale shall be delivered to the Director and distributed
in accordance with subsection (g).
    (g) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State law
    enforcement agency or agencies which 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. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances or for security cameras used for the prevention
    or detection of violence, except that amounts distributed
    to the Secretary of State shall be deposited into the
    Secretary of State Evidence Fund to be used as provided in
    Section 2-115 of the Illinois Vehicle Code.
        (2)(i) 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, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances. In counties with a population over 3,000,000,
    25% shall be distributed to the Office of the State's
    Attorney for use in the enforcement of laws governing
    methamphetamine, cannabis, and controlled substances. If
    the prosecution is undertaken solely by the Attorney
    General, the portion provided hereunder shall be
    distributed to the Attorney General for use in the
    enforcement of laws governing methamphetamine, cannabis,
    and controlled substances.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that Office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing methamphetamine, cannabis, and
    controlled substances. The Office of the State's Attorneys
    Appellate Prosecutor shall not receive distribution from
    cases brought in counties with a population over 3,000,000.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 94-556, eff. 9-11-05; 94-1004, eff. 7-3-06.)
 
    Section 10. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 6 and by adding Section 3.5 as
follows:
 
    (725 ILCS 150/3.5 new)
    Sec. 3.5. Preliminary Review.
    (a) Within 14 days of the seizure, the State shall seek a
preliminary determination from the circuit court as to whether
there is probable cause that the property may be subject to
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding
conducted under this Section.
    (c) The court may conduct the review under subsection (a)
simultaneously with a proceeding pursuant to Section 109-1 of
the Code of Criminal Procedure of 1963 for a related criminal
offense if a prosecution is commenced by information or
complaint.
    (d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a).
    (e) Upon making a finding of probable cause as required
under this Section, and after taking into account the
respective interests of all known claimants to the property
including the State, the circuit court shall enter a
restraining order or injunction, or take other appropriate
action, as necessary to ensure that the property is not removed
from the court's jurisdiction and is not concealed, destroyed,
or otherwise disposed of by the property owner or interest
holder before a forfeiture hearing is conducted.
 
    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
    Sec. 6. Non-Judicial Forfeiture. If non-real property that
exceeds $150,000 $20,000 in value excluding the value of any
conveyance, or if real property is seized under the provisions
of the Illinois Controlled Substances Act, the Cannabis Control
Act, or the Methamphetamine Control and Community Protection
Act, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in Section 9 of this Act
within 45 days from receipt of notice of seizure from the
seizing agency under Section 5 of this Act. However, if
non-real property that does not exceed $150,000 $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
    (A) If, after review of the facts surrounding the seizure,
the State's Attorney is of the opinion that the seized property
is subject to forfeiture, then within 45 days of the receipt of
notice of seizure from the seizing agency, the State's Attorney
shall cause notice of pending forfeiture to be given to the
owner of the property and all known interest holders of the
property in accordance with Section 4 of this Act.
    (B) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to the
forfeiture action.
    (C) (1) Any person claiming an interest in property which
    is the subject of notice under subsection (A) of Section 6
    of this Act, may, within 45 days after the effective date
    of notice as described in Section 4 of this Act, file a
    verified claim with the State's Attorney expressing his or
    her interest in the property. The claim must set forth:
            (i) the caption of the proceedings as set forth on
        the notice of pending forfeiture and the name of the
        claimant;
            (ii) the address at which the claimant will accept
        mail;
            (iii) the nature and extent of the claimant's
        interest in the property;
            (iv) the date, identity of the transferor, and
        circumstances of the claimant's acquisition of the
        interest in the property;
            (v) the name and address of all other persons known
        to have an interest in the property;
            (vi) the specific provision of law relied on in
        asserting the property is not subject to forfeiture;
            (vii) all essential facts supporting each
        assertion; and
            (viii) the relief sought.
        (2) If a claimant files the claim and deposits with the
    State's Attorney a cost bond, in the form of a cashier's
    check payable to the clerk of the court, in the sum of 10
    percent of the reasonable value of the property as alleged
    by the State's Attorney or the sum of $100, whichever is
    greater, upon condition that, in the case of forfeiture,
    the claimant must pay all costs and expenses of forfeiture
    proceedings, then the State's Attorney shall institute
    judicial in rem forfeiture proceedings and deposit the cost
    bond with the clerk of the court as described in Section 9
    of this Act within 45 days after receipt of the claim and
    cost bond. In lieu of a cost bond, a person claiming
    interest in the seized property may file, under penalty of
    perjury, an indigency affidavit.
        (3) If none of the seized property is forfeited in the
    judicial in rem proceeding, the clerk of the court shall
    return to the claimant, unless the court orders otherwise,
    90% of the sum which has been deposited and shall retain as
    costs 10% of the money deposited. If any of the seized
    property is forfeited under the judicial forfeiture
    proceeding, the clerk of the court shall transfer 90% of
    the sum which has been deposited to the State's Attorney
    prosecuting the civil forfeiture to be applied to the costs
    of prosecution and the clerk shall retain as costs 10% of
    the sum deposited.
    (D) If no claim is filed or bond given within the 45 day
period as described in subsection (C) of Section 6 of this Act,
the State's Attorney shall declare the property forfeited and
shall promptly notify the owner and all known interest holders
of the property and the Director of the Illinois Department of
State Police of the declaration of forfeiture and the Director
shall dispose of the property in accordance with law.
(Source: P.A. 94-556, eff. 9-11-05.)

Effective Date: 1/1/2012