100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0689

Introduced , by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

See Index

Creates the Seizure and Forfeiture Reporting Act. Provides that the Illinois Criminal Justice Information Authority shall establish and maintain on its official website a searchable public database that includes specified information about property seized and forfeited under State law and under any agreement with the federal government. Provides that every law enforcement agency that seizes property subject to reporting under the Act shall report the specified information required under the Act on a monthly basis. Provides that the Illinois Criminal Justice Information Authority may recoup its costs under the Act by charging a fee to law enforcement agencies required to file a report. Provides that the Act applies to provisions of law that authorizes a law enforcement agency to seize property alleged to have been used in or derived from the commission of a criminal offense. Creates the Asset Forfeiture Proceeds Disbursement Law. Provides that the Illinois Criminal Justice Information Authority shall award grants under the procedures of the Act for the disbursement of monies collected in the Asset Forfeiture Proceeds Fund. Amends various Acts concerning criminal forfeiture to make conforming changes. Changes most forfeiture distributions from law enforcement agencies to the Asset Forfeiture Proceeds Fund. Makes changes to the procedures and distribution of contraband proceeds to various governmental units and agencies.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Seizure and Forfeiture Reporting Act.

6 Section 3. Definitions. For the purposes of this Act,

7 "Authority" means the Illinois Criminal Justice Information

8 Authority.

9 Section 5. Applicability. This Act is applicable to

10 property seized or forfeited under the following provisions of

11 law:

12 (1) Section 3.23 of the Illinois Food, Drug and Cosmetic

13 Act;

14 (2) Section 44.1 of the Environmental Protection Act;

15 (3) Section 105-55 of the Herptiles-Herps Act;

16 (4) Section 1-215 of the Fish and Aquatic Life Code;

17 (5) Section 1.25 of the Wildlife Code;

18 (6) Section 17-10.6 of the Criminal Code of 2012 (financial

19 institution fraud);

20 (7) Section 28-5 of the Criminal Code of 2012 (gambling);

21 (8) Article 29B of the Criminal Code of 2012 (money

22 laundering);

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1 (9) Article 33G of the Criminal Code of 2012 (Illinois

2 Street Gang and Racketeer Influenced and Corrupt Organizations

3 Law);

4 (10) Article 36 of the Criminal Code of 2012 (seizure and

5 forfeiture of vessels, vehicles and aircraft);

6 (11) Section 47-15 of the Criminal Code of 2012 (dumping

7 garbage upon real property);

8 (l2) Article 124B of the Code Of Criminal Procedure of 1963

9 (forfeiture);

10 (13) Drug Asset Forfeiture Procedure Act;

11 (14) Narcotics Profit Forfeiture Act;

12 (15) Illinois Streetgang Terrorism Omnibus Prevention Act;

13 (16) Illinois Securities Law of 1953; and

14 (17) any other provision of law that authorizes a law

15 enforcement agency to seize for the purpose of forfeiture

16 property alleged to have been used in or derived from the

17 commission of a criminal offense.

18 Section 10. Reporting by law enforcement agency.

19 (a) Each law enforcement agency that seizes property

20 subject to reporting under this Act shall report information

21 about property seized or forfeited under State law and under

22 any agreement with the federal government to the Illinois

23 Criminal Justice Information Authority each month which shall

24 include the following:

25 (1) the name of the law enforcement agency that seized

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1 the property;

2 (2) the date of the seizure;

3 (3) the type of property seized, such as a building,

4 vehicle, boat, cash, negotiable security, or firearm,

5 except reporting is not required for seizures of contraband

6 including alcohol, gaming devices, drug paraphernalia, and

7 controlled substances;

8 (4) a description of the property seized and the

9 estimated value of the property and if the property is a

10 conveyance, the description shall include the make, model,

11 year, and vehicle identification number or serial number;

12 (5) the location where the seizure occurred;

13 (6) whether the seizure was adopted by the federal

14 government, part of a joint task force with the federal

15 government, or other arrangement with the federal

16 government;

17 (7) the alleged violation of law giving rise to the

18 seizure;

19 (8) whether any person has been convicted of a

20 violation described in paragraph (7) of this Section;

21 (9) whether an action for forfeiture of the property

22 has been instituted;

23 (10) if applicable, the disposition of the property

24 through the forfeiture process, such as returned to owner,

25 returned to third-party owner, sold, destroyed, or

26 retained by law enforcement;

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1 (11) if applicable, the date upon which the property

2 was disposed as described in paragraph (10) of this

3 Section; and

4 (l2) if applicable, the value of the property

5 forfeited.

6 (b) Each law enforcement agency that expends proceeds from

7 the forfeiture of property subject to reporting under this Act

8 shall transmit to the Authority on or before January 31 of each

9 year for the prior calendar year the following information:

10 (1) the total amount of funds expended, in each of the

11 following categories, which resulted from property seized,

12 forfeited, or reported under Section 10 of this Act:

13 (A) abuse, crime, or gang prevention programs;

14 (B) compensation or services for crime victims;

15 (C) witness protection, informant fees, or

16 controlled purchases of contraband;

17 (D) salaries, overtime, or benefits, as permitted

18 by law;

19 (E) professional outside services, including

20 auditing, court reporting, expert witnesses,

21 attorney's fees, or membership fees paid to trade

22 associations;

23 (F) travel, meals, entertainment, conferences,

24 training, or continuing education seminars;

25 (G) other operating expenses including office

26 supplies, postage, or printing;

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1 (H) capital expenditures including vehicles,

2 firearms, equipment, computers, or furniture; and

3 (I) other expenditures of forfeiture proceeds.

4 (2) the total value of forfeited property held by the

5 agency at the end of the reporting period.

6 (c) The commander of a multijurisdictional task force may

7 appoint one agency to report its seizures.

8 Section 15. Illinois Criminal Justice Information

9 Authority seized and forfeited property database. The

10 Authority shall establish and maintain on its official website

11 a searchable public database that includes all of the

12 information reported under subsections (a) and (b) of Section

13 10 of this Act.

14 Section 20. Rules. The Authority shall adopt any rules

15 necessary to implement this Act.

16 Section 25. Procedures to compel compliance. The Authority

17 may adopt procedures to compel a law enforcement agency's

18 compliance with the reporting requirements under this Act.

19 Section 30. Recoupment of costs. The Authority may recoup

20 its costs under this Act by charging a fee to a law enforcement

21 agency required to file a report under this Act. A law

22 enforcement agency may use forfeiture proceeds to pay the costs

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1 of compiling and reporting data under this Act, and to pay any

2 fees imposed by the Authority under this Section.

3 Section 50. Short title. Sections 50 through 85 may be

4 cited as the Asset Forfeiture Proceeds Disbursement Law.

5 Section 55. Fund. The Asset Forfeiture Proceeds Fund is

6 created as a special fund in the State treasury to provide

7 monies for the grants to be awarded under this Law. The

8 Illinois Criminal Justice Information Authority shall

9 administer the disbursement of monies collected in the Asset

10 Forfeiture Proceeds Fund through the awarding of grants in

11 accordance with the procedures in this Law.

12 Section 60. Funding eligibility. The following entities

13 shall be eligible to apply to the Authority for selection and

14 funding under this Law:

15 (1) A public or private nonprofit agency, school district,

16 park district, or other unit of local government may apply for

17 funding for any of the following purposes:

18 (A) to provide residential or outpatient mental

19 health, substance abuse treatment, or aftercare services;

20 (B) to provide supportive services to victims of

21 domestic violence, sexual assault, or other violent

22 crimes;

23 (C) to provide education in the community or schools to

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1 promote prevention of the abuse of drugs or alcohol;

2 (D) to purchase opioid antagonists as defined in

3 Section 5-23 of the Alcoholism and Other Drug Abuse and

4 Dependency Act; or

5 (E) to provide job training or employment services to

6 persons who are unemployed, employed in low-skill jobs,

7 low-wage jobs, or who have criminal records.

8 (2) Any State or local law enforcement agency may apply for

9 funding for any of the following purposes:

10 (A) to enforce the criminal and traffic laws of this

11 State;

12 (B) to administer gang intervention and prevention

13 programs;

14 (C) to purchase opioid antagonists as defined in

15 Section 5-23 of the Alcoholism and Other Drug Abuse and

16 Dependency Act;

17 (D) to provide education in the community or schools to

18 promote prevention of the abuse of drugs or alcohol; or

19 (E) for security cameras used for the prevention or

20 detection of violence.

21 (3) A State's Attorney, the Office of the State's Attorneys

22 Appellate Prosecutor, or the Attorney General may apply for

23 funding to defray expenses incurred in the investigation,

24 prosecution, or appeal of cases arising under the criminal laws

25 of this State.

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1 Section 65. Funding consideration. The Authority shall

2 consider the following factors in selecting applicants to

3 receive funds under this Law:

4 (1) the stated goals of the applicants;

5 (2) the commitment and ability of the applicants to

6 provide the services described in this Law;

7 (3) the number of persons to be served and the needs of

8 the community;

9 (4) evidence of community support;

10 (5) the organizational structure of the applicant

11 agency; and

12 (6) evidence that the applicant's proposed use of grant

13 funds is likely to produce public safety benefits for the

14 people of this State.

15 Section 70. Selection of applicants. After evaluation of

16 all applicants, the Authority shall select a number of

17 applicants which the Authority deems qualified under this Law

18 for designation to receive funding under this Law. In making

19 these grants, the Authority shall take into account the State's

20 law enforcement priorities and needs identified by the

21 Department of State Police.

22 Section 75. Funding contracts. Funding contracts shall be

23 entered into by the Illinois Criminal Justice Information

24 Authority with each designated applicant on an annual basis.

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1 The Authority may require that a grant recipient provide

2 matching funds equal to the grant amount.

3 Section 80. Funding cancellation. The Authority may

4 evaluate each recipient prior to each fund dispersal and cancel

5 the remaining term of any contract in which the recipient has

6 failed to meet the contract requirements, or for any good

7 cause.

8 Section 85. Rules. The Illinois Criminal Justice

9 Information Authority may adopt rules to implement the

10 provisions of this Law.

11 Section 150. The State Finance Act is amended by adding

12 Section 5.878 as follows:

13 (30 ILCS 105/5.878 new)

14 Sec. 5.878. The Asset Forfeiture Proceeds Fund.

15 Section 155. The Illinois Food, Drug and Cosmetic Act is

16 amended by changing Section 3.23 as follows:

17 (410 ILCS 620/3.23)

18 Sec. 3.23. Legend drug prohibition.

19 (a) In this Section:

20 "Legend drug" means a drug limited by the Federal Food,

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1 Drug and Cosmetic Act to being dispensed by or upon a medical

2 practitioner's prescription because the drug is:

3 (1) habit forming;

4 (2) toxic or having potential for harm; or

5 (3) limited in use by the new drug application for the

6 drug to use only under a medical practitioner's

7 supervision.

8 "Medical practitioner" means any person licensed to

9 practice medicine in all its branches in the State.

10 "Deliver" or "delivery" means the actual, constructive, or

11 attempted transfer of possession of a legend drug, with or

12 without consideration, whether or not there is an agency

13 relationship.

14 "Manufacture" means the production, preparation,

15 propagation, compounding, conversion, or processing of a

16 legend drug, either directly or indirectly, by extraction from

17 substances of natural origin, or independently by means of

18 chemical synthesis, or by a combination of extraction and

19 chemical synthesis, and includes any packaging or repackaging

20 of the substance or labeling of its container. "Manufacture"

21 does not include:

22 (1) by an ultimate user, the preparation or compounding

23 of a legend drug for his own use; or

24 (2) by a medical practitioner, or his authorized agent

25 under his supervision, the preparation, compounding,

26 packaging, or labeling of a legend drug:

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1 (A) as an incident to his administering or

2 dispensing of a legend drug in the course of his

3 professional practice; or

4 (B) as an incident to lawful research, teaching, or

5 chemical analysis and not for sale.

6 "Prescription" has the same meaning ascribed to it in

7 Section 3 of the Pharmacy Practice Act.

8 (b) It is unlawful for any person to knowingly manufacture

9 or deliver or possess with the intent to manufacture or deliver

10 a legend drug of 6 or more pills, tablets, capsules, or caplets

11 or 30 ml or more of a legend drug in liquid form who is not

12 licensed by applicable law to prescribe or dispense legend

13 drugs or is not an employee of the licensee operating in the

14 normal course of business under the supervision of the

15 licensee. Any person who violates this Section is guilty of a

16 Class 3 felony, the fine for which shall not exceed $100,000. A

17 person convicted of a second or subsequent violation of this

18 Section is guilty of a Class 1 felony, the fine for which shall

19 not exceed $250,000.

20 (c) The following are subject to forfeiture:

21 (1) (blank); ~~all substances that have been~~

22 ~~manufactured, distributed, dispensed, or possessed in~~

23 ~~violation of this Act;~~

24 (2) all raw materials, products, and equipment of any

25 kind which are used, or intended for use in manufacturing,

26 distributing, dispensing, administering, or possessing any

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1 substance in violation of subsection (b) of this Section

2 ~~Act~~;

3 (3) all conveyances, including aircraft, vehicles, or

4 vessels, which are used, or intended for use, to transport,

5 or in any manner to facilitate the transportation, sale,

6 receipt, possession, or concealment of any substance

7 manufactured, delivered, or possessed in violation of

8 subsection (b) of this Section or property described in

9 paragraph ~~items (1) and~~ (2) of this subsection (c), but:

10 (A) no conveyance used by any person as a common

11 carrier in the transaction of business as a common

12 carrier is subject to forfeiture under this Section

13 unless it appears that the owner or other person in

14 charge of the conveyance is a consenting party or privy

15 to the ~~a~~ violation ~~of this Act~~;

16 (B) no conveyance is subject to forfeiture under

17 this Section by reason of any act or omission which the

18 owner proves to have been committed or omitted without

19 his knowledge or consent; and

20 (C) a forfeiture of a conveyance encumbered by a

21 bona fide security interest is subject to the interest

22 of the secured party if he neither had knowledge of nor

23 consented to the act or omission;

24 (4) all money, things of value, books, records, and

25 research products and materials including formulas,

26 microfilm, tapes, and data that are used, or intended to be

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1 used in violation of subsection (b) of this Section ~~Act~~;

2 (5) everything of value furnished, or intended to be

3 furnished, in exchange for a substance in violation of

4 subsection (b) of this Section ~~Act~~, all proceeds traceable

5 to such an exchange, and all moneys, negotiable

6 instruments, and securities used, or intended to be used,

7 to commit or in any manner to facilitate any violation of

8 subsection (b) of this Section ~~Act~~; and

9 (6) all real property, including any right, title, and

10 interest, including, but not limited to, any leasehold

11 interest or the beneficial interest in a land trust, in the

12 whole of any lot or tract of land and any appurtenances or

13 improvements, which is used or intended to be used, in any

14 manner or part, to commit, or in any manner to facilitate

15 the commission of, any violation or act that constitutes a

16 violation of subsection (b) of this Section ~~33.1 of this~~

17 ~~Act~~ or that is the proceeds of any violation or act that

18 constitutes a violation of subsection (b) of this Section

19 ~~33.1 of this Act~~.

20 (d) Property subject to forfeiture under this Act may be

21 seized under the Drug Asset Forfeiture Procedure Act. ~~by the~~

22 ~~Director of the Department of State Police or any peace officer~~

23 ~~upon process or seizure warrant issued by any court having~~

24 ~~jurisdiction over the property. Seizure by the Director of the~~

25 ~~Department of State Police or any peace officer without process~~

26 ~~may be made:~~

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1 ~~(1) if the seizure is incident to inspection under an~~

2 ~~administrative inspection warrant;~~

3 ~~(2) if the property subject to seizure has been the~~

4 ~~subject of a prior judgment in favor of the State in a~~

5 ~~criminal proceeding, or in an injunction or forfeiture~~

6 ~~proceeding based upon this Act or the Drug Asset Forfeiture~~

7 ~~Procedure Act;~~

8 ~~(3) if there is probable cause to believe that the~~

9 ~~property is directly or indirectly dangerous to health or~~

10 ~~safety;~~

11 ~~(4) if there is probable cause to believe that the~~

12 ~~property is subject to forfeiture under this Act and the~~

13 ~~property is seized under circumstances in which a~~

14 ~~warrantless seizure or arrest would be reasonable; or~~

15 ~~(5) in accordance with the Code of Criminal Procedure~~

16 ~~of 1963.~~

17 (e) (Blank). ~~In the event of seizure pursuant to subsection~~

18 ~~(c) of this Section, forfeiture proceedings shall be instituted~~

19 ~~in accordance with the Drug Asset Forfeiture Procedure Act.~~

20 (f) (Blank). ~~Property taken or detained under this Section~~

21 ~~shall not be subject to replevin, but is deemed to be in the~~

22 ~~custody of the Director of the Department of State Police~~

23 ~~subject only to the order and judgments of the circuit court~~

24 ~~having jurisdiction over the forfeiture proceedings and the~~

25 ~~decisions of the State's Attorney under the Drug Asset~~

26 ~~Forfeiture Procedure Act. If property is seized under this Act,~~

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1 ~~then the seizing agency shall promptly conduct an inventory of~~

2 ~~the seized property and estimate the property's value, and~~

3 ~~shall forward a copy of the inventory of seized property and~~

4 ~~the estimate of the property's value to the Director of the~~

5 ~~Department of State Police. Upon receiving notice of seizure,~~

6 ~~the Secretary may:~~

7 ~~(1) place the property under seal;~~

8 ~~(2) remove the property to a place designated by the~~

9 ~~Secretary;~~

10 ~~(3) keep the property in the possession of the seizing~~

11 ~~agency;~~

12 ~~(4) remove the property to a storage area for~~

13 ~~safekeeping or, if the property is a negotiable instrument~~

14 ~~or money and is not needed for evidentiary purposes,~~

15 ~~deposit it in an interest bearing account;~~

16 ~~(5) place the property under constructive seizure by~~

17 ~~posting notice of pending forfeiture on it, by giving~~

18 ~~notice of pending forfeiture to its owners and interest~~

19 ~~holders, or by filing notice of pending forfeiture in any~~

20 ~~appropriate public record relating to the property; or~~

21 ~~(6) provide for another agency or custodian, including~~

22 ~~an owner, secured party, or lienholder, to take custody of~~

23 ~~the property upon the terms and conditions set by the~~

24 ~~Director of the Department of State Police.~~

25 (g) If the Department suspends or revokes a registration,

26 all legend drugs owned or possessed by the registrant at the

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1 time of suspension or the effective date of the revocation

2 order may be placed under seal. No disposition may be made of

3 substances under seal until the time for taking an appeal has

4 elapsed or until all appeals have been concluded unless a

5 court, upon application therefor, orders the sale of perishable

6 substances and the deposit of the proceeds of the sale with the

7 court. Upon a revocation rule becoming final, all substances

8 may be subject to seizure and forfeiture under the Drug Asset

9 Forfeiture Procedure Act ~~forfeited to the Department~~.

10 (h) (Blank). ~~If property is forfeited under this Act, then~~

11 ~~the Director of the Department of State Police must sell all~~

12 ~~such property unless such property is required by law to be~~

13 ~~destroyed or is harmful to the public, and shall distribute the~~

14 ~~proceeds of the sale, together with any moneys forfeited or~~

15 ~~seized, in accordance with subsection (i) of this Section. Upon~~

16 ~~the application of the seizing agency or prosecutor who was~~

17 ~~responsible for the investigation, arrest or arrests, and~~

18 ~~prosecution that led to the forfeiture, the Director of the~~

19 ~~Department of State Police may return any item of forfeited~~

20 ~~property to the seizing agency or prosecutor for official use~~

21 ~~in the enforcement of laws if the agency or prosecutor can~~

22 ~~demonstrate that the item requested would be useful to the~~

23 ~~agency or prosecutor in their enforcement efforts. If any~~

24 ~~forfeited conveyance, including an aircraft, vehicle, or~~

25 ~~vessel, is returned to the seizing agency or prosecutor, then~~

26 ~~the conveyance may be used immediately in the enforcement of~~

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1 ~~the criminal laws of the State. Upon disposal, all proceeds~~

2 ~~from the sale of the conveyance must be used for drug~~

3 ~~enforcement purposes. If any real property returned to the~~

4 ~~seizing agency is sold by the agency or its unit of government,~~

5 ~~then the proceeds of the sale shall be delivered to the~~

6 ~~Director of the Department of State Police and distributed in~~

7 ~~accordance with subsection (i) of this Section.~~

8 (i) (Blank). ~~All moneys and the sale proceeds of all other~~

9 ~~property forfeited and seized under this Act shall be~~

10 ~~distributed as follows:~~

11 ~~(1) 65% shall be distributed to the metropolitan~~

12 ~~enforcement group, local, municipal, county, or State law~~

13 ~~enforcement agency or agencies which conducted or~~

14 ~~participated in the investigation resulting in the~~

15 ~~forfeiture. The distribution shall bear a reasonable~~

16 ~~relationship to the degree of direct participation of the~~

17 ~~law enforcement agency in the effort resulting in the~~

18 ~~forfeiture, taking into account the total value of the~~

19 ~~property forfeited and the total law enforcement effort~~

20 ~~with respect to the violation of the law upon which the~~

21 ~~forfeiture is based. Amounts distributed to the agency or~~

22 ~~agencies shall be used for the enforcement of laws.~~

23 ~~(2) 12.5% shall be distributed to the Office of the~~

24 ~~State's Attorney of the county in which the prosecution~~

25 ~~resulting in the forfeiture was instituted, deposited in a~~

26 ~~special fund in the county treasury and appropriated to the~~

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1 ~~State's Attorney for use in the enforcement of laws. In~~

2 ~~counties over 3,000,000 population, 25% will be~~

3 ~~distributed to the Office of the State's Attorney for use~~

4 ~~in the enforcement of laws governing cannabis and~~

5 ~~controlled substances. If the prosecution is undertaken~~

6 ~~solely by the Attorney General, the portion provided~~

7 ~~hereunder shall be distributed to the Attorney General for~~

8 ~~use in the enforcement of laws.~~

9 ~~(3) 12.5% shall be distributed to the Office of the~~

10 ~~State's Attorneys Appellate Prosecutor and deposited in a~~

11 ~~separate fund of that office to be used for additional~~

12 ~~expenses incurred in the investigation, prosecution and~~

13 ~~appeal of cases. The Office of the State's Attorneys~~

14 ~~Appellate Prosecutor shall not receive distribution from~~

15 ~~cases brought in counties with over 3,000,000 population.~~

16 ~~(4) 10% shall be retained by the Department of State~~

17 ~~Police for expenses related to the administration and sale~~

18 ~~of seized and forfeited property.~~

19 (j) Contraband, including controlled substances possessed

20 without a prescription or other authorization under State or

21 federal law, is not subject to forfeiture. No property right

22 exists in contraband. Contraband is subject to seizure and

23 shall be disposed of according to State law.

24 (Source: P.A. 96-573, eff. 8-18-09.)

25 Section 160. The Environmental Protection Act is amended by

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1 changing Section 44.1 as follows:

2 (415 ILCS 5/44.1) (from Ch. 111 1/2, par. 1044.1)

3 Sec. 44.1. (a) In addition to all other civil and criminal

4 penalties provided by law, any person convicted of a criminal

5 violation of this Act or the regulations adopted thereunder

6 shall forfeit to the State (1) an amount equal to the value of

7 all profits earned, savings realized, and benefits incurred as

8 a direct or indirect result of such violation, and (2) any

9 vehicle or conveyance used in the perpetration of such

10 violation, except as provided in subsection (b).

11 (b) Forfeiture of conveyances shall be subject to the

12 following exceptions:

13 (1) No conveyance used by any person as a common carrier in

14 the transaction of business as a common carrier is subject to

15 forfeiture under this Section unless it is proven that the

16 owner or other person in charge of the conveyance consented to

17 or was privy to the covered violation.

18 (2) No conveyance is subject to forfeiture under this

19 Section by reason of any covered violation which the owner

20 proves to have been committed without his knowledge or consent.

21 (3) A forfeiture of a conveyance encumbered by a bona fide

22 security interest is subject to the interest of the secured

23 party if he neither had knowledge of nor consented to the

24 covered violation.

25 (c) Except as provided in subsection (d), all property

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1 subject to forfeiture under this Section shall be seized

2 pursuant to the order of a circuit court.

3 (d) Property subject to forfeiture under this Section may

4 be seized by the Director or any peace officer without process:

5 (1) if the seizure is incident to an inspection under an

6 administrative inspection warrant, or incident to the

7 execution of a criminal search or arrest warrant;

8 (2) if the property subject to seizure has been the subject

9 of a prior judgment in favor of the State in a criminal

10 proceeding, or in an injunction or forfeiture proceeding based

11 upon this Act; or

12 (3) if there is probable cause to believe that the property

13 is directly or indirectly dangerous to health or safety.

14 (e) Property taken or detained under this Section shall not

15 be subject to forcible entry and detainer or replevin, but is

16 deemed to be in the custody of the Director subject only to the

17 order and judgments of the circuit court having jurisdiction

18 over the forfeiture proceedings. When property is seized under

19 this Act, the Director may:

20 (1) place the property under seal;

21 (2) secure the property or remove the property to a place

22 designated by him; or

23 (3) require the sheriff of the county in which the seizure

24 occurs to take custody of the property and secure or remove it

25 to an appropriate location for disposition in accordance with

26 law.

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1 (f) All amounts forfeited under item (1) of subsection (a)

2 shall be apportioned in the following manner:

3 (1) 40% shall be deposited in the Hazardous Waste Fund

4 created in Section 22.2;

5 (2) 60% ~~30%~~ shall be deposited into the Asset Forfeiture

6 Proceeds Fund ~~paid to the office of the Attorney General or the~~

7 ~~State's Attorney of the county in which the violation occurred,~~

8 ~~whichever brought and prosecuted the action~~; and

9 (3) (blank). ~~30% shall be paid to the law enforcement~~

10 ~~agency which investigated the violation.~~

11 ~~Any funds received under this subsection (f) shall be used~~

12 ~~solely for the enforcement of the environmental protection laws~~

13 ~~of this State.~~

14 (g) When property is forfeited under this Section the court

15 may order:

16 (1) (blank); ~~that the property shall be made available for~~

17 ~~the official use of the Agency, the Office of the Attorney~~

18 ~~General, the State's Attorney of the county in which the~~

19 ~~violation occurred, or the law enforcement agency which~~

20 ~~investigated the violation, to be used solely for the~~

21 ~~enforcement of the environmental protection laws of this State;~~

22 (2) the sheriff of the county in which the forfeiture

23 occurs to take custody of the property and remove it for

24 disposition in accordance with law; or

25 (3) the sheriff of the county in which the forfeiture

26 occurs to sell that which is not required to be destroyed by

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1 law and which is not harmful to the public. The proceeds of

2 such sale shall be used for payment of all proper expenses of

3 the proceedings for forfeiture and sale, including expenses of

4 seizure, maintenance of custody, advertising and court costs,

5 and the balance, if any, shall be apportioned pursuant to

6 subsection (f).

7 (h) Property seized or forfeited under this Section is

8 subject to reporting under the Seizure and Forfeiture Reporting

9 Act.

10 (Source: P.A. 85-487.)

11 Section 165. The Herptiles-Herps Act is amended by changing

12 Section 105-55 as follows:

13 (510 ILCS 68/105-55)

14 Sec. 105-55. Illegal collecting devices; public nuisance.

15 Every collecting device, including seines, nets, traps,

16 pillowcases, bags, snake hooks or tongs, or any electrical

17 device or any other devices including vehicles or conveyance,

18 watercraft, or aircraft used or operated illegally or attempted

19 to be used or operated illegally by any person in taking,

20 transporting, holding, or conveying any reptile or amphibian

21 life or any part of reptile or amphibian life, contrary to this

22 Act, including administrative rules, shall be deemed a public

23 nuisance and therefore illegal and subject to seizure and

24 confiscation by any authorized employee of the Department. Upon

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1 the seizure of this item, the Department shall take and hold

2 the item until disposed of as provided in this Act.

3 Upon the seizure of any device because of its illegal use,

4 the officer or authorized employee of the Department making the

5 seizure shall, as soon as reasonably possible, cause a

6 complaint to be filed before the circuit court and a summons to

7 be issued requiring the owner or person in possession of the

8 property to appear in court and show cause why the device

9 seized should not be forfeited to the State. Upon the return of

10 the summons duly served or upon posting or publication of

11 notice as provided in this Act, the court shall proceed to

12 determine the question of the illegality of the use of the

13 seized property. Upon judgment being entered that the property

14 was illegally used, an order shall be entered providing for the

15 forfeiture of the seized property to the State. The owner of

16 the property may have a jury determine the illegality of its

17 use and shall have the right of an appeal as in other civil

18 cases. Confiscation or forfeiture shall not preclude or

19 mitigate against prosecution and assessment of penalties

20 provided in Article 90 of this Act.

21 Upon seizure of any property under circumstances

22 supporting a reasonable belief that the property was abandoned,

23 lost, stolen, or otherwise illegally possessed or used contrary

24 to this Act, except property seized during a search or arrest,

25 and ultimately returned, destroyed, or otherwise disposed of

26 under order of a court in accordance with this Act, the

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1 authorized employee of the Department shall make reasonable

2 inquiry and efforts to identify and notify the owner or other

3 person entitled to possession of the property and shall return

4 the property after the person provides reasonable and

5 satisfactory proof of his or her ownership or right to

6 possession and reimburses the Department for all reasonable

7 expenses of custody. If the identity or location of the owner

8 or other person entitled to possession of the property has not

9 been ascertained within 6 months after the Department obtains

10 possession, the Department shall effectuate the sale of the

11 property for cash to the highest bidder at a public auction.

12 The owner or other person entitled to possession of the

13 property may claim and recover possession of the property at

14 any time before its sale at public auction upon providing

15 reasonable and satisfactory proof of ownership or right of

16 possession and reimbursing the Department for all reasonable

17 expenses of custody.

18 Any property forfeited to the State by court order under

19 this Section may be disposed of by public auction, except that

20 any property that is the subject of a court order shall not be

21 disposed of pending appeal of the order. The proceeds of the

22 sales at auction shall be deposited in the Wildlife and Fish

23 Fund.

24 The Department shall pay all costs of posting or

25 publication of notices required by this Section.

26 Property seized or forfeited under this Section is subject

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1 to reporting under the Seizure and Forfeiture Reporting Act.

2 (Source: P.A. 98-752, eff. 1-1-15.)

3 Section 170. The Fish and Aquatic Life Code is amended by

4 changing Section 1-215 as follows:

5 (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)

6 Sec. 1-215. Illegal fishing devices; public nuisance.

7 Every fishing device, including seines, nets, or traps, or any

8 electrical device or any other devices, including vehicles,

9 watercraft, or aircraft, used or operated illegally or

10 attempted to be used or operated illegally by any person in

11 taking, transporting, holding, or conveying any aquatic life

12 contrary to this Code, including administrative rules, shall be

13 deemed a public nuisance and therefore illegal and subject to

14 seizure and confiscation by any authorized employee of the

15 Department. Upon the seizure of such an item the Department

16 shall take and hold the item until disposed of as provided in

17 this Code.

18 Upon the seizure of any device because of its illegal use,

19 the officer or authorized employee of the Department making the

20 seizure shall, as soon as reasonably possible, cause a

21 complaint to be filed before the Circuit Court and a summons to

22 be issued requiring the owner or person in possession of the

23 property to appear in court and show cause why the device

24 seized should not be forfeited to the State. Upon the return of

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1 the summons duly served or upon posting or publication of

2 notice as provided in this Code, the court shall proceed to

3 determine the question of the illegality of the use of the

4 seized property. Upon judgment being entered to the effect that

5 the property was illegally used, an order shall be entered

6 providing for the forfeiture of the seized property to the

7 State. The owner of the property, however, may have a jury

8 determine the illegality of its use, and shall have the right

9 of an appeal as in other civil cases. Confiscation or

10 forfeiture shall not preclude or mitigate against prosecution

11 and assessment of penalties provided in Section 20-35 of this

12 Code.

13 Upon seizure of any property under circumstances

14 supporting a reasonable belief that the property was abandoned,

15 lost, stolen, or otherwise illegally possessed or used contrary

16 to this Code, except property seized during a search or arrest,

17 and ultimately returned, destroyed, or otherwise disposed of

18 under order of a court in accordance with this Code, the

19 authorized employee of the Department shall make reasonable

20 inquiry and efforts to identify and notify the owner or other

21 person entitled to possession of the property and shall return

22 the property after the person provides reasonable and

23 satisfactory proof of his or her ownership or right to

24 possession and reimburses the Department for all reasonable

25 expenses of custody. If the identity or location of the owner

26 or other person entitled to possession of the property has not

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1 been ascertained within 6 months after the Department obtains

2 possession, the Department shall effectuate the sale of the

3 property for cash to the highest bidder at a public auction.

4 The owner or other person entitled to possession of the

5 property may claim and recover possession of the property at

6 any time before its sale at public auction upon providing

7 reasonable and satisfactory proof of ownership or right of

8 possession and reimbursing the Department for all reasonable

9 expenses of custody.

10 Any property forfeited to the State by court order under

11 this Section may be disposed of by public auction, except that

12 any property that is the subject of a court order shall not be

13 disposed of pending appeal of the order. The proceeds of the

14 sales at auction shall be deposited in the Wildlife and Fish

15 Fund.

16 The Department shall pay all costs of posting or

17 publication of notices required by this Section.

18 Property seized or forfeited under this Section is subject

19 to reporting under the Seizure and Forfeiture Reporting Act.

20 (Source: P.A. 87-833.)

21 Section 175. The Wildlife Code is amended by changing

22 Section 1.25 as follows:

23 (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)

24 Sec. 1.25. Every hunting or trapping device, vehicle or

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1 conveyance, when used or operated illegally, or attempted to be

2 used or operated illegally by any person in taking,

3 transporting, holding, or conveying any wild bird or wild

4 mammal, contrary to the provisions of this Act, including

5 administrative rules, is a public nuisance and subject to

6 seizure and confiscation by any authorized employee of the

7 Department; upon the seizure of such item the Department shall

8 take and hold the same until disposed of as hereinafter

9 provided.

10 Upon the seizure of any property as herein provided, the

11 authorized employee of the Department making such seizure shall

12 forthwith cause a complaint to be filed before the Circuit

13 Court and a summons to be issued requiring the person who

14 illegally used or operated or attempted to use or operate such

15 property and the owner and person in possession of such

16 property to appear in court and show cause why the property

17 seized should not be forfeited to the State. Upon the return of

18 the summons duly served or other notice as herein provided, the

19 court shall proceed to determine the question of the illegality

20 of the use of the seized property and upon judgment being

21 entered to the effect that such property was illegally used, an

22 order may be entered providing for the forfeiture of such

23 seized property to the Department and shall thereupon become

24 the property of the Department; but the owner of such property

25 may have a jury determine the illegality of its use, and shall

26 have the right of an appeal, as in other cases. Such

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1 confiscation or forfeiture shall not preclude or mitigate

2 against prosecution and assessment of penalties otherwise

3 provided in this Act.

4 Upon seizure of any property under circumstances

5 supporting a reasonable belief that such property was

6 abandoned, lost or stolen or otherwise illegally possessed or

7 used contrary to the provisions of this Act, except property

8 seized during a search or arrest, and ultimately returned,

9 destroyed, or otherwise disposed of pursuant to order of a

10 court in accordance with this Act, the authorized employee of

11 the Department shall make reasonable inquiry and efforts to

12 identify and notify the owner or other person entitled to

13 possession thereof, and shall return the property after such

14 person provides reasonable and satisfactory proof of his

15 ownership or right to possession and reimburses the Department

16 for all reasonable expenses of such custody. If the identity or

17 location of the owner or other person entitled to possession of

18 the property has not been ascertained within 6 months after the

19 Department obtains such possession, the Department shall

20 effectuate the sale of the property for cash to the highest

21 bidder at a public auction. The owner or other person entitled

22 to possession of such property may claim and recover possession

23 of the property at any time before its sale at public auction,

24 upon providing reasonable and satisfactory proof of ownership

25 or right of possession and reimbursing the Department for all

26 reasonable expenses of custody thereof.

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1 Any property, including guns, forfeited to the State by

2 court order pursuant to this Section, may be disposed of by

3 public auction, except that any property which is the subject

4 of such a court order shall not be disposed of pending appeal

5 of the order. The proceeds of the sales at auction shall be

6 deposited in the Wildlife and Fish Fund.

7 The Department shall pay all costs of notices required by

8 this Section.

9 Property seized or forfeited under this Section is subject

10 to reporting under the Seizure and Forfeiture Reporting Act.

11 (Source: P.A. 85-152.)

12 Section 180. The Criminal Code of 2012 is amended by

13 changing Sections 17-10.6, 28-5, 29B-1, 33G-6, 36-1, 36-1.5,

14 36-2, 36-3, and 47-15 and by adding Sections 29B-1.1, 29B-1.5,

15 29B-2, 29B-3, 29B-4, 29B-5, 29B-6, 29B-7, 29B-8, 29B-9, 29B-10,

16 29B-11, 29B-12, 29B-13, 29B-14, 29B-15, 29B-16, 29B-17,

17 29B-18, 29B-19, 29B-20, 29B-21, 29B-22, 36-1.1, 36-1.2,

18 36-1.3, 36-1.4, 36-1.6, 36-2.1, 36-3.1, 36-3.2, 36-6, 36-7,

19 36-8, and 36-9 as follows:

20 (720 ILCS 5/17-10.6)

21 Sec. 17-10.6. Financial institution fraud.

22 (a) Misappropriation of financial institution property. A

23 person commits misappropriation of a financial institution's

24 property whenever he or she knowingly obtains or exerts

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1 unauthorized control over any of the moneys, funds, credits,

2 assets, securities, or other property owned by or under the

3 custody or control of a financial institution, or under the

4 custody or care of any agent, officer, director, or employee of

5 such financial institution.

6 (b) Commercial bribery of a financial institution.

7 (1) A person commits commercial bribery of a financial

8 institution when he or she knowingly confers or offers or

9 agrees to confer any benefit upon any employee, agent, or

10 fiduciary without the consent of the latter's employer or

11 principal, with the intent to influence his or her conduct

12 in relation to his or her employer's or principal's

13 affairs.

14 (2) An employee, agent, or fiduciary of a financial

15 institution commits commercial bribery of a financial

16 institution when, without the consent of his or her

17 employer or principal, he or she knowingly solicits,

18 accepts, or agrees to accept any benefit from another

19 person upon an agreement or understanding that such benefit

20 will influence his or her conduct in relation to his or her

21 employer's or principal's affairs.

22 (c) Financial institution fraud. A person commits

23 financial institution fraud when he or she knowingly executes

24 or attempts to execute a scheme or artifice:

25 (1) to defraud a financial institution; or

26 (2) to obtain any of the moneys, funds, credits,

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1 assets, securities, or other property owned by or under the

2 custody or control of a financial institution, by means of

3 pretenses, representations, or promises he or she knows to

4 be false.

5 (d) Loan fraud. A person commits loan fraud when he or she

6 knowingly, with intent to defraud, makes any false statement or

7 report, or overvalues any land, property, or security, with the

8 intent to influence in any way the action of a financial

9 institution to act upon any application, advance, discount,

10 purchase, purchase agreement, repurchase agreement,

11 commitment, or loan, or any change or extension of any of the

12 same, by renewal, deferment of action, or otherwise, or the

13 acceptance, release, or substitution of security.

14 (e) Concealment of collateral. A person commits

15 concealment of collateral when he or she, with intent to

16 defraud, knowingly conceals, removes, disposes of, or converts

17 to the person's own use or to that of another any property

18 mortgaged or pledged to or held by a financial institution.

19 (f) Financial institution robbery. A person commits

20 robbery when he or she knowingly, by force or threat of force,

21 or by intimidation, takes, or attempts to take, from the person

22 or presence of another, or obtains or attempts to obtain by

23 extortion, any property or money or any other thing of value

24 belonging to, or in the care, custody, control, management, or

25 possession of, a financial institution.

26 (g) Conspiracy to commit a financial crime.

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1 (1) A person commits conspiracy to commit a financial

2 crime when, with the intent that any violation of this

3 Section be committed, he or she agrees with another person

4 to the commission of that offense.

5 (2) No person may be convicted of conspiracy to commit

6 a financial crime unless an overt act or acts in

7 furtherance of the agreement is alleged and proved to have

8 been committed by that person or by a co-conspirator and

9 the accused is a part of a common scheme or plan to engage

10 in the unlawful activity.

11 (3) It shall not be a defense to conspiracy to commit a

12 financial crime that the person or persons with whom the

13 accused is alleged to have conspired:

14 (A) has not been prosecuted or convicted;

15 (B) has been convicted of a different offense;

16 (C) is not amenable to justice;

17 (D) has been acquitted; or

18 (E) lacked the capacity to commit the offense.

19 (h) Continuing financial crimes enterprise. A person

20 commits a continuing financial crimes enterprise when he or she

21 knowingly, within an 18-month period, commits 3 or more

22 separate offenses constituting any combination of the

23 following:

24 (1) an offense under this Section;

25 (2) a felony offense in violation of Section 16A-3 or

26 subsection (a) of Section 16-25 or paragraph (4) or (5) of

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1 subsection (a) of Section 16-1 of this Code for the purpose

2 of reselling or otherwise re-entering the merchandise in

3 commerce, including conveying the merchandise to a

4 merchant in exchange for anything of value; or

5 (3) if involving a financial institution, any other

6 felony offense under this Code.

7 (i) Organizer of a continuing financial crimes enterprise.

8 (1) A person commits being an organizer of a continuing

9 financial crimes enterprise when he or she:

10 (A) with the intent to commit any offense, agrees

11 with another person to the commission of any

12 combination of the following offenses on 3 or more

13 separate occasions within an 18-month period:

14 (i) an offense under this Section;

15 (ii) a felony offense in violation of Section

16 16A-3 or subsection (a) of Section 16-25 or

17 paragraph (4) or (5) of subsection (a) of Section

18 16-1 of this Code for the purpose of reselling or

19 otherwise re-entering the merchandise in commerce,

20 including conveying the merchandise to a merchant

21 in exchange for anything of value; or

22 (iii) if involving a financial institution,

23 any other felony offense under this Code; and

24 (B) with respect to the other persons within the

25 conspiracy, occupies a position of organizer,

26 supervisor, or financier or other position of

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1 management.

2 (2) The person with whom the accused agreed to commit

3 the 3 or more offenses under this Section, or, if involving

4 a financial institution, any other felony offenses under

5 this Code, need not be the same person or persons for each

6 offense, as long as the accused was a part of the common

7 scheme or plan to engage in each of the 3 or more alleged

8 offenses.

9 (j) Sentence.

10 (1) Except as otherwise provided in this subsection, a

11 violation of this Section, the full value of which:

12 (A) does not exceed $500, is a Class A misdemeanor;

13 (B) does not exceed $500, and the person has been

14 previously convicted of a financial crime or any type

15 of theft, robbery, armed robbery, burglary,

16 residential burglary, possession of burglary tools, or

17 home invasion, is guilty of a Class 4 felony;

18 (C) exceeds $500 but does not exceed $10,000, is a

19 Class 3 felony;

20 (D) exceeds $10,000 but does not exceed $100,000,

21 is a Class 2 felony;

22 (E) exceeds $100,000 but does not exceed $500,000,

23 is a Class 1 felony;

24 (F) exceeds $500,000 but does not exceed

25 $1,000,000, is a Class 1 non-probationable felony;

26 when a charge of financial crime, the full value of

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1 which exceeds $500,000 but does not exceed $1,000,000,

2 is brought, the value of the financial crime involved

3 is an element of the offense to be resolved by the

4 trier of fact as either exceeding or not exceeding

5 $500,000;

6 (G) exceeds $1,000,000, is a Class X felony; when a

7 charge of financial crime, the full value of which

8 exceeds $1,000,000, is brought, the value of the

9 financial crime involved is an element of the offense

10 to be resolved by the trier of fact as either exceeding

11 or not exceeding $1,000,000.

12 (2) A violation of subsection (f) is a Class 1 felony.

13 (3) A violation of subsection (h) is a Class 1 felony.

14 (4) A violation for subsection (i) is a Class X felony.

15 (k) A "financial crime" means an offense described in this

16 Section.

17 (l) Period of limitations. The period of limitations for

18 prosecution of any offense defined in this Section begins at

19 the time when the last act in furtherance of the offense is

20 committed.

21 (m) Forfeiture. Any violation of subdivision (2) of

22 subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to

23 the remedies, procedures, and forfeiture as set forth in

24 Sections 1.1 through 21 of Article 29B ~~subsections (f) through~~

25 ~~(s) of Section 29B-1~~ of this Code. Property seized or forfeited

26 under this Section is subject to reporting under the Seizure

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1 and Forfeiture Reporting Act.

2 (Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,

3 eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)

4 (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)

5 Sec. 28-5. Seizure of gambling devices and gambling funds.

6 (a) Every device designed for gambling which is incapable

7 of lawful use or every device used unlawfully for gambling

8 shall be considered a "gambling device", and shall be subject

9 to seizure, confiscation and destruction by the Department of

10 State Police or by any municipal, or other local authority,

11 within whose jurisdiction the same may be found. As used in

12 this Section, a "gambling device" includes any slot machine,

13 and includes any machine or device constructed for the

14 reception of money or other thing of value and so constructed

15 as to return, or to cause someone to return, on chance to the

16 player thereof money, property or a right to receive money or

17 property. With the exception of any device designed for

18 gambling which is incapable of lawful use, no gambling device

19 shall be forfeited or destroyed unless an individual with a

20 property interest in said device knows of the unlawful use of

21 the device.

22 (b) Every gambling device shall be seized and forfeited to

23 the State ~~county wherein such seizure occurs~~. Any money or

24 other thing of value integrally related to acts of gambling

25 shall be seized and forfeited to the State ~~county wherein such~~

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1 ~~seizure occurs~~.

2 (c) If, within 60 days after any seizure pursuant to

3 subparagraph (b) of this Section, a person having any property

4 interest in the seized property is charged with an offense, the

5 court which renders judgment upon such charge shall, within 30

6 days after such judgment, conduct a forfeiture hearing to

7 determine whether such property was a gambling device at the

8 time of seizure. Such hearing shall be commenced by a written

9 petition by the State, including material allegations of fact,

10 the name and address of every person determined by the State to

11 have any property interest in the seized property, a

12 representation that written notice of the date, time and place

13 of such hearing has been mailed to every such person by

14 certified mail at least 10 days before such date, and a request

15 for forfeiture. Every such person may appear as a party and

16 present evidence at such hearing. The quantum of proof required

17 shall be a preponderance of the evidence, and the burden of

18 proof shall be on the State. If the court determines that the

19 seized property was a gambling device at the time of seizure,

20 an order of forfeiture and disposition of the seized property

21 shall be entered: a gambling device shall be received by the

22 State's Attorney, who shall effect its destruction, except that

23 valuable parts thereof may be liquidated and the resultant

24 money shall be deposited into the Asset Forfeiture Proceeds

25 Fund ~~in the general fund of the county wherein such seizure~~

26 ~~occurred~~; money and other things of value shall be received by

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1 the State's Attorney and, upon liquidation, shall be deposited

2 into the Asset Forfeiture Proceeds Fund ~~in the general fund of~~

3 ~~the county wherein such seizure occurred~~. However, in the event

4 that a defendant raises the defense that the seized slot

5 machine is an antique slot machine described in subparagraph

6 (b) (7) of Section 28-1 of this Code and therefore he is exempt

7 from the charge of a gambling activity participant, the seized

8 antique slot machine shall not be destroyed or otherwise

9 altered until a final determination is made by the Court as to

10 whether it is such an antique slot machine. Upon a final

11 determination by the Court of this question in favor of the

12 defendant, such slot machine shall be immediately returned to

13 the defendant. Such order of forfeiture and disposition shall,

14 for the purposes of appeal, be a final order and judgment in a

15 civil proceeding.

16 (d) If a seizure pursuant to subparagraph (b) of this

17 Section is not followed by a charge pursuant to subparagraph

18 (c) of this Section, or if the prosecution of such charge is

19 permanently terminated or indefinitely discontinued without

20 any judgment of conviction or acquittal (1) the State's

21 Attorney shall commence an in rem proceeding for the forfeiture

22 and destruction of a gambling device, or for the forfeiture and

23 depositinto the Asset Forfeiture Proceeds Fund ~~in the general~~

24 ~~fund of the county~~of any seized money or other things of

25 value, or both, in the circuit court and (2) any person having

26 any property interest in such seized gambling device, money or

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1 other thing of value may commence separate civil proceedings in

2 the manner provided by law.

3 (e) Any gambling device displayed for sale to a riverboat

4 gambling operation or used to train occupational licensees of a

5 riverboat gambling operation as authorized under the Riverboat

6 Gambling Act is exempt from seizure under this Section.

7 (f) Any gambling equipment, devices and supplies provided

8 by a licensed supplier in accordance with the Riverboat

9 Gambling Act which are removed from the riverboat for repair

10 are exempt from seizure under this Section.

11 (g) The following video gaming terminals are exempt from

12 seizure under this Section:

13 (1) Video gaming terminals for sale to a licensed

14 distributor or operator under the Video Gaming Act.

15 (2) Video gaming terminals used to train licensed

16 technicians or licensed terminal handlers.

17 (3) Video gaming terminals that are removed from a

18 licensed establishment, licensed truck stop establishment,

19 licensed fraternal establishment, or licensed veterans

20 establishment for repair.

21 (h) Property seized or forfeited under this Section is

22 subject to reporting under the Seizure and Forfeiture Reporting

23 Act.

24 (Source: P.A. 98-31, eff. 6-24-13.)

25 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)

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1 Sec. 29B-1. (a) A person commits the offense of money

2 laundering:

3 (1) when, knowing that the property involved in a

4 financial transaction represents the proceeds of some form

5 of unlawful activity, he or she conducts or attempts to

6 conduct such a financial transaction which in fact involves

7 criminally derived property:

8 (A) with the intent to promote the carrying on of

9 the unlawful activity from which the criminally

10 derived property was obtained; or

11 (B) where he or she knows or reasonably should know

12 that the financial transaction is designed in whole or

13 in part:

14 (i) to conceal or disguise the nature, the

15 location, the source, the ownership or the control

16 of the criminally derived property; or

17 (ii) to avoid a transaction reporting

18 requirement under State law; or

19 (1.5) when he or she transports, transmits, or

20 transfers, or attempts to transport, transmit, or transfer

21 a monetary instrument:

22 (A) with the intent to promote the carrying on of

23 the unlawful activity from which the criminally

24 derived property was obtained; or

25 (B) knowing, or having reason to know, that the

26 financial transaction is designed in whole or in part:

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1 (i) to conceal or disguise the nature, the

2 location, the source, the ownership or the control

3 of the criminally derived property; or

4 (ii) to avoid a transaction reporting

5 requirement under State law; or

6 (2) when, with the intent to:

7 (A) promote the carrying on of a specified criminal

8 activity as defined in this Article; or

9 (B) conceal or disguise the nature, location,

10 source, ownership, or control of property believed to

11 be the proceeds of a specified criminal activity as

12 defined by subdivision (b)(6); or

13 (C) avoid a transaction reporting requirement

14 under State law,

15 he or she conducts or attempts to conduct a financial

16 transaction involving property he or she believes to be the

17 proceeds of specified criminal activity as defined by

18 subdivision (b)(6) or property used to conduct or

19 facilitate specified criminal activity as defined by

20 subdivision (b)(6).

21 (b) As used in this Section:

22 (0.5) "Knowing that the property involved in a

23 financial transaction represents the proceeds of some form

24 of unlawful activity" means that the person knew the

25 property involved in the transaction represented proceeds

26 from some form, though not necessarily which form, of

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1 activity that constitutes a felony under State, federal, or

2 foreign law.

3 (1) "Financial transaction" means a purchase, sale,

4 loan, pledge, gift, transfer, delivery or other

5 disposition utilizing criminally derived property, and

6 with respect to financial institutions, includes a

7 deposit, withdrawal, transfer between accounts, exchange

8 of currency, loan, extension of credit, purchase or sale of

9 any stock, bond, certificate of deposit or other monetary

10 instrument, use of safe deposit box, or any other payment,

11 transfer or delivery by, through, or to a financial

12 institution. For purposes of clause (a)(2) of this Section,

13 the term "financial transaction" also means a transaction

14 which without regard to whether the funds, monetary

15 instruments, or real or personal property involved in the

16 transaction are criminally derived, any transaction which

17 in any way or degree: (1) involves the movement of funds by

18 wire or any other means; (2) involves one or more monetary

19 instruments; or (3) the transfer of title to any real or

20 personal property. The receipt by an attorney of bona fide

21 fees for the purpose of legal representation is not a

22 financial transaction for purposes of this Section.

23 (2) "Financial institution" means any bank; saving and

24 loan association; trust company; agency or branch of a

25 foreign bank in the United States; currency exchange;

26 credit union, mortgage banking institution; pawnbroker;

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1 loan or finance company; operator of a credit card system;

2 issuer, redeemer or cashier of travelers checks, checks or

3 money orders; dealer in precious metals, stones or jewels;

4 broker or dealer in securities or commodities; investment

5 banker; or investment company.

6 (3) "Monetary instrument" means United States coins

7 and currency; coins and currency of a foreign country;

8 travelers checks; personal checks, bank checks, and money

9 orders; investment securities; bearer negotiable

10 instruments; bearer investment securities; or bearer

11 securities and certificates of stock in such form that

12 title thereto passes upon delivery.

13 (4) "Criminally derived property" means: (A) any

14 property, real or personal, constituting or derived from

15 proceeds obtained, directly or indirectly, from activity

16 that constitutes a felony under State, federal, or foreign

17 law; or (B) any property represented to be property

18 constituting or derived from proceeds obtained, directly

19 or indirectly, from activity that constitutes a felony

20 under State, federal, or foreign law.

21 (5) "Conduct" or "conducts" includes, in addition to

22 its ordinary meaning, initiating, concluding, or

23 participating in initiating or concluding a transaction.

24 (6) "Specified criminal activity" means any violation

25 of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation

26 of Article 29D of this Code.

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1 (7) "Director" means the Director of State Police or

2 his or her designated agents.

3 (8) "Department" means the Department of State Police

4 of the State of Illinois or its successor agency.

5 (9) "Transaction reporting requirement under State

6 law" means any violation as defined under the Currency

7 Reporting Act.

8 (c) Sentence.

9 (1) Laundering of criminally derived property of a

10 value not exceeding $10,000 is a Class 3 felony;

11 (2) Laundering of criminally derived property of a

12 value exceeding $10,000 but not exceeding $100,000 is a

13 Class 2 felony;

14 (3) Laundering of criminally derived property of a

15 value exceeding $100,000 but not exceeding $500,000 is a

16 Class 1 felony;

17 (4) Money laundering in violation of subsection (a)(2)

18 of this Section is a Class X felony;

19 (5) Laundering of criminally derived property of a

20 value exceeding $500,000 is a Class 1 non-probationable

21 felony;

22 (6) In a prosecution under clause (a)(1.5)(B)(ii) of

23 this Section, the sentences are as follows:

24 (A) Laundering of property of a value not exceeding

25 $10,000 is a Class 3 felony;

26 (B) Laundering of property of a value exceeding

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1 $10,000 but not exceeding $100,000 is a Class 2 felony;

2 (C) Laundering of property of a value exceeding

3 $100,000 but not exceeding $500,000 is a Class 1

4 felony;

5 (D) Laundering of property of a value exceeding

6 $500,000 is a Class 1 non-probationable felony.

7 (d) Evidence. In a prosecution under this Article, either

8 party may introduce the following evidence pertaining to the

9 issue of whether the property or proceeds were known to be some

10 form of criminally derived property or from some form of

11 unlawful activity:

12 (1) A financial transaction was conducted or

13 structured or attempted in violation of the reporting

14 requirements of any State or federal law; or

15 (2) A financial transaction was conducted or attempted

16 with the use of a false or fictitious name or a forged

17 instrument; or

18 (3) A falsely altered or completed written instrument

19 or a written instrument that contains any materially false

20 personal identifying information was made, used, offered

21 or presented, whether accepted or not, in connection with a

22 financial transaction; or

23 (4) A financial transaction was structured or

24 attempted to be structured so as to falsely report the

25 actual consideration or value of the transaction; or

26 (5) A money transmitter, a person engaged in a trade or

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1 business or any employee of a money transmitter or a person

2 engaged in a trade or business, knows or reasonably should

3 know that false personal identifying information has been

4 presented and incorporates the false personal identifying

5 information into any report or record; or

6 (6) The criminally derived property is transported or

7 possessed in a fashion inconsistent with the ordinary or

8 usual means of transportation or possession of such

9 property and where the property is discovered in the

10 absence of any documentation or other indicia of legitimate

11 origin or right to such property; or

12 (7) A person pays or receives substantially less than

13 face value for one or more monetary instruments; or

14 (8) A person engages in a transaction involving one or

15 more monetary instruments, where the physical condition or

16 form of the monetary instrument or instruments makes it

17 apparent that they are not the product of bona fide

18 business or financial transactions.

19 (e) Duty to enforce this Article.

20 (1) It is the duty of the Department of State Police,

21 and its agents, officers, and investigators, to enforce all

22 provisions of this Article, except those specifically

23 delegated, and to cooperate with all agencies charged with

24 the enforcement of the laws of the United States, or of any

25 state, relating to money laundering. Only an agent,

26 officer, or investigator designated by the Director may be

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1 authorized in accordance with this Section to serve seizure

2 notices, warrants, subpoenas, and summonses under the

3 authority of this State.

4 (2) Any agent, officer, investigator, or peace officer

5 designated by the Director may: (A) make seizure of

6 property pursuant to the provisions of this Article; and

7 (B) perform such other law enforcement duties as the

8 Director designates. It is the duty of all State's

9 Attorneys to prosecute violations of this Article and

10 institute legal proceedings as authorized under this

11 Article.

12 (f) (Blank). ~~Protective orders.~~

13 ~~(1) Upon application of the State, the court may enter~~

14 ~~a restraining order or injunction, require the execution of~~

15 ~~a satisfactory performance bond, or take any other action~~

16 ~~to preserve the availability of property described in~~

17 ~~subsection (h) for forfeiture under this Article:~~

18 ~~(A) upon the filing of an indictment, information,~~

19 ~~or complaint charging a violation of this Article for~~

20 ~~which forfeiture may be ordered under this Article and~~

21 ~~alleging that the property with respect to which the~~

22 ~~order is sought would be subject to forfeiture under~~

23 ~~this Article; or~~

24 ~~(B) prior to the filing of such an indictment,~~

25 ~~information, or complaint, if, after notice to persons~~

26 ~~appearing to have an interest in the property and~~

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1 ~~opportunity for a hearing, the court determines that:~~

2 ~~(i) there is probable cause to believe that the~~

3 ~~State will prevail on the issue of forfeiture and~~

4 ~~that failure to enter the order will result in the~~

5 ~~property being destroyed, removed from the~~

6 ~~jurisdiction of the court, or otherwise made~~

7 ~~unavailable for forfeiture; and~~

8 ~~(ii) the need to preserve the availability of~~

9 ~~the property through the entry of the requested~~

10 ~~order outweighs the hardship on any party against~~

11 ~~whom the order is to be entered.~~

12 ~~Provided, however, that an order entered pursuant~~

13 ~~to subparagraph (B) shall be effective for not more~~

14 ~~than 90 days, unless extended by the court for good~~

15 ~~cause shown or unless an indictment, information,~~

16 ~~complaint, or administrative notice has been filed.~~

17 ~~(2) A temporary restraining order under this~~

18 ~~subsection may be entered upon application of the State~~

19 ~~without notice or opportunity for a hearing when an~~

20 ~~indictment, information, complaint, or administrative~~

21 ~~notice has not yet been filed with respect to the property,~~

22 ~~if the State demonstrates that there is probable cause to~~

23 ~~believe that the property with respect to which the order~~

24 ~~is sought would be subject to forfeiture under this Section~~

25 ~~and that provision of notice will jeopardize the~~

26 ~~availability of the property for forfeiture. Such a~~

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1 ~~temporary order shall expire not more than 30 days after~~

2 ~~the date on which it is entered, unless extended for good~~

3 ~~cause shown or unless the party against whom it is entered~~

4 ~~consents to an extension for a longer period. A hearing~~

5 ~~requested concerning an order entered under this paragraph~~

6 ~~shall be held at the earliest possible time and prior to~~

7 ~~the expiration of the temporary order.~~

8 ~~(3) The court may receive and consider, at a hearing~~

9 ~~held pursuant to this subsection (f), evidence and~~

10 ~~information that would be inadmissible under the Illinois~~

11 ~~rules of evidence.~~

12 ~~(4) Order to repatriate and deposit.~~

13 ~~(A) In general. Pursuant to its authority to enter~~

14 ~~a pretrial restraining order under this Section, the~~

15 ~~court may order a defendant to repatriate any property~~

16 ~~that may be seized and forfeited and to deposit that~~

17 ~~property pending trial with the Illinois State Police~~

18 ~~or another law enforcement agency designated by the~~

19 ~~Illinois State Police.~~

20 ~~(B) Failure to comply. Failure to comply with an~~

21 ~~order under this subsection (f) is punishable as a~~

22 ~~civil or criminal contempt of court.~~

23 (g) (Blank). ~~Warrant of seizure. The State may request the~~

24 ~~issuance of a warrant authorizing the seizure of property~~

25 ~~described in subsection (h) in the same manner as provided for~~

26 ~~a search warrant. If the court determines that there is~~

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1 ~~probable cause to believe that the property to be seized would~~

2 ~~be subject to forfeiture, the court shall issue a warrant~~

3 ~~authorizing the seizure of such property.~~

4 (h) (Blank). ~~Forfeiture.~~

5 ~~(1) The following are subject to forfeiture:~~

6 ~~(A) any property, real or personal, constituting,~~

7 ~~derived from, or traceable to any proceeds the person~~

8 ~~obtained directly or indirectly, as a result of a~~

9 ~~violation of this Article;~~

10 ~~(B) any of the person's property used, or intended~~

11 ~~to be used, in any manner or part, to commit, or to~~

12 ~~facilitate the commission of, a violation of this~~

13 ~~Article;~~

14 ~~(C) all conveyances, including aircraft, vehicles~~

15 ~~or vessels, which are used, or intended for use, to~~

16 ~~transport, or in any manner to facilitate the~~

17 ~~transportation, sale, receipt, possession, or~~

18 ~~concealment of property described in subparagraphs (A)~~

19 ~~and (B), but:~~

20 ~~(i) no conveyance used by any person as a~~

21 ~~common carrier in the transaction of business as a~~

22 ~~common carrier is subject to forfeiture under this~~

23 ~~Section unless it appears that the owner or other~~

24 ~~person in charge of the conveyance is a consenting~~

25 ~~party or privy to a violation of this Article;~~

26 ~~(ii) no conveyance is subject to forfeiture~~

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1 ~~under this Section by reason of any act or omission~~

2 ~~which the owner proves to have been committed or~~

3 ~~omitted without his or her knowledge or consent;~~

4 ~~(iii) a forfeiture of a conveyance encumbered~~

5 ~~by a bona fide security interest is subject to the~~

6 ~~interest of the secured party if he or she neither~~

7 ~~had knowledge of nor consented to the act or~~

8 ~~omission;~~

9 ~~(D) all real property, including any right, title,~~

10 ~~and interest (including, but not limited to, any~~

11 ~~leasehold interest or the beneficial interest in a land~~

12 ~~trust) in the whole of any lot or tract of land and any~~

13 ~~appurtenances or improvements, which is used or~~

14 ~~intended to be used, in any manner or part, to commit,~~

15 ~~or in any manner to facilitate the commission of, any~~

16 ~~violation of this Article or that is the proceeds of~~

17 ~~any violation or act that constitutes a violation of~~

18 ~~this Article.~~

19 ~~(2) Property subject to forfeiture under this Article~~

20 ~~may be seized by the Director or any peace officer upon~~

21 ~~process or seizure warrant issued by any court having~~

22 ~~jurisdiction over the property. Seizure by the Director or~~

23 ~~any peace officer without process may be made:~~

24 ~~(A) if the seizure is incident to a seizure~~

25 ~~warrant;~~

26 ~~(B) if the property subject to seizure has been the~~

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1 ~~subject of a prior judgment in favor of the State in a~~

2 ~~criminal proceeding, or in an injunction or forfeiture~~

3 ~~proceeding based upon this Article;~~

4 ~~(C) if there is probable cause to believe that the~~

5 ~~property is directly or indirectly dangerous to health~~

6 ~~or safety;~~

7 ~~(D) if there is probable cause to believe that the~~

8 ~~property is subject to forfeiture under this Article~~

9 ~~and the property is seized under circumstances in which~~

10 ~~a warrantless seizure or arrest would be reasonable; or~~

11 ~~(E) in accordance with the Code of Criminal~~

12 ~~Procedure of 1963.~~

13 (3) ~~In the event of seizure pursuant to paragraph (2),~~

14 ~~forfeiture proceedings shall be instituted in accordance~~

15 ~~with subsections (i) through (r).~~

16 ~~(4) Property taken or detained under this Section shall~~

17 ~~not be subject to replevin, but is deemed to be in the~~

18 ~~custody of the Director subject only to the order and~~

19 ~~judgments of the circuit court having jurisdiction over the~~

20 ~~forfeiture proceedings and the decisions of the State's~~

21 ~~Attorney under this Article. When property is seized under~~

22 ~~this Article, the seizing agency shall promptly conduct an~~

23 ~~inventory of the seized property and estimate the~~

24 ~~property's value and shall forward a copy of the inventory~~

25 ~~of seized property and the estimate of the property's value~~

26 ~~to the Director. Upon receiving notice of seizure, the~~

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1 ~~Director may:~~

2 ~~(A) place the property under seal;~~

3 ~~(B) remove the property to a place designated by~~

4 ~~the Director;~~

5 ~~(C) keep the property in the possession of the~~

6 ~~seizing agency;~~

7 ~~(D) remove the property to a storage area for~~

8 ~~safekeeping or, if the property is a negotiable~~

9 ~~instrument or money and is not needed for evidentiary~~

10 ~~purposes, deposit it in an interest bearing account;~~

11 ~~(E) place the property under constructive seizure~~

12 ~~by posting notice of pending forfeiture on it, by~~

13 ~~giving notice of pending forfeiture to its owners and~~

14 ~~interest holders, or by filing notice of pending~~

15 ~~forfeiture in any appropriate public record relating~~

16 ~~to the property; or~~

17 ~~(F) provide for another agency or custodian,~~

18 ~~including an owner, secured party, or lienholder, to~~

19 ~~take custody of the property upon the terms and~~

20 ~~conditions set by the Director.~~

21 ~~(5) When property is forfeited under this Article, the~~

22 ~~Director shall sell all such property unless such property~~

23 ~~is required by law to be destroyed or is harmful to the~~

24 ~~public, and shall distribute the proceeds of the sale,~~

25 ~~together with any moneys forfeited or seized, in accordance~~

26 ~~with paragraph (6). However, upon the application of the~~

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1 ~~seizing agency or prosecutor who was responsible for the~~

2 ~~investigation, arrest or arrests and prosecution which~~

3 ~~lead to the forfeiture, the Director may return any item of~~

4 ~~forfeited property to the seizing agency or prosecutor for~~

5 ~~official use in the enforcement of laws, if the agency or~~

6 ~~prosecutor can demonstrate that the item requested would be~~

7 ~~useful to the agency or prosecutor in its enforcement~~

8 ~~efforts. When any real property returned to the seizing~~

9 ~~agency is sold by the agency or its unit of government, the~~

10 ~~proceeds of the sale shall be delivered to the Director and~~

11 ~~distributed in accordance with paragraph (6).~~

12 ~~(6) All monies and the sale proceeds of all other~~

13 ~~property forfeited and seized under this Article shall be~~

14 ~~distributed as follows:~~

15 ~~(A) 65% shall be distributed to the metropolitan~~

16 ~~enforcement group, local, municipal, county, or State~~

17 ~~law enforcement agency or agencies which conducted or~~

18 ~~participated in the investigation resulting in the~~

19 ~~forfeiture. The distribution shall bear a reasonable~~

20 ~~relationship to the degree of direct participation of~~

21 ~~the law enforcement agency in the effort resulting in~~

22 ~~the forfeiture, taking into account the total value of~~

23 ~~the property forfeited and the total law enforcement~~

24 ~~effort with respect to the violation of the law upon~~

25 ~~which the forfeiture is based. Amounts distributed to~~

26 ~~the agency or agencies shall be used for the~~

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1 ~~enforcement of laws.~~

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

3 ~~the State's Attorney of the county in which the~~

4 ~~prosecution resulting in the forfeiture was~~

5 ~~instituted, deposited in a special fund in the county~~

6 ~~treasury and appropriated to the State's Attorney for~~

7 ~~use in the enforcement of laws. In counties over~~

8 ~~3,000,000 population, 25% shall be distributed to the~~

9 ~~Office of the State's Attorney for use in the~~

10 ~~enforcement of laws. If the prosecution is undertaken~~

11 ~~solely by the Attorney General, the portion provided~~

12 ~~hereunder shall be distributed to the Attorney General~~

13 ~~for use in the enforcement of laws.~~

14 ~~(ii) 12.5% shall be distributed to the Office of~~

15 ~~the State's Attorneys Appellate Prosecutor and~~

16 ~~deposited in the Narcotics Profit Forfeiture Fund of~~

17 ~~that office to be used for additional expenses incurred~~

18 ~~in the investigation, prosecution and appeal of cases~~

19 ~~arising under laws. The Office of the State's Attorneys~~

20 ~~Appellate Prosecutor shall not receive distribution~~

21 ~~from cases brought in counties with over 3,000,000~~

22 ~~population.~~

23 ~~(C) 10% shall be retained by the Department of~~

24 ~~State Police for expenses related to the~~

25 ~~administration and sale of seized and forfeited~~

26 ~~property.~~

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1 ~~Moneys and the sale proceeds distributed to the~~

2 ~~Department of State Police under this Article shall be~~

3 ~~deposited in the Money Laundering Asset Recovery Fund~~

4 ~~created in the State treasury and shall be used by the~~

5 ~~Department of State Police for State law enforcement~~

6 ~~purposes.~~

7 ~~(7) All moneys and sale proceeds of property forfeited~~

8 ~~and seized under this Article and distributed according to~~

9 ~~paragraph (6) may also be used to purchase opioid~~

10 ~~antagonists as defined in Section 5-23 of the Alcoholism~~

11 ~~and Other Drug Abuse and Dependency Act.~~

12 (i) (Blank). ~~Notice to owner or interest holder.~~

13 ~~(1) Whenever notice of pending forfeiture or service of~~

14 ~~an in rem complaint is required under the provisions of~~

15 ~~this Article, such notice or service shall be given as~~

16 ~~follows:~~

17 ~~(A) If the owner's or interest holder's name and~~

18 ~~current address are known, then by either personal~~

19 ~~service or mailing a copy of the notice by certified~~

20 ~~mail, return receipt requested, to that address. For~~

21 ~~purposes of notice under this Section, if a person has~~

22 ~~been arrested for the conduct giving rise to the~~

23 ~~forfeiture, then the address provided to the arresting~~

24 ~~agency at the time of arrest shall be deemed to be that~~

25 ~~person's known address. Provided, however, if an owner~~

26 ~~or interest holder's address changes prior to the~~

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1 ~~effective date of the notice of pending forfeiture, the~~

2 ~~owner or interest holder shall promptly notify the~~

3 ~~seizing agency of the change in address or, if the~~

4 ~~owner or interest holder's address changes subsequent~~

5 ~~to the effective date of the notice of pending~~

6 ~~forfeiture, the owner or interest holder shall~~

7 ~~promptly notify the State's Attorney of the change in~~

8 ~~address; or~~

9 ~~(B) If the property seized is a conveyance, to the~~

10 ~~address reflected in the office of the agency or~~

11 ~~official in which title or interest to the conveyance~~

12 ~~is required by law to be recorded, then by mailing a~~

13 ~~copy of the notice by certified mail, return receipt~~

14 ~~requested, to that address; or~~

15 ~~(C) If the owner's or interest holder's address is~~

16 ~~not known, and is not on record as provided in~~

17 ~~paragraph (B), then by publication for 3 successive~~

18 ~~weeks in a newspaper of general circulation in the~~

19 ~~county in which the seizure occurred.~~

20 ~~(2) Notice served under this Article is effective upon~~

21 ~~personal service, the last date of publication, or the~~

22 ~~mailing of written notice, whichever is earlier.~~

23 (j) (Blank). ~~Notice to State's Attorney. The law~~

24 ~~enforcement agency seizing property for forfeiture under this~~

25 ~~Article shall, within 90 days after seizure, notify the State's~~

26 ~~Attorney for the county, either where an act or omission giving~~

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1 ~~rise to the forfeiture occurred or where the property was~~

2 ~~seized, of the seizure of the property and the facts and~~

3 ~~circumstances giving rise to the seizure and shall provide the~~

4 ~~State's Attorney with the inventory of the property and its~~

5 ~~estimated value. When the property seized for forfeiture is a~~

6 ~~vehicle, the law enforcement agency seizing the property shall~~

7 ~~immediately notify the Secretary of State that forfeiture~~

8 ~~proceedings are pending regarding such vehicle.~~

9 (k) (Blank). ~~Non-judicial forfeiture. If non-real property~~

10 ~~that exceeds $20,000 in value excluding the value of any~~

11 ~~conveyance, or if real property is seized under the provisions~~

12 ~~of this Article, the State's Attorney shall institute judicial~~

13 ~~in rem forfeiture proceedings as described in subsection (l) of~~

14 ~~this Section within 45 days from receipt of notice of seizure~~

15 ~~from the seizing agency under subsection (j) of this Section.~~

16 ~~However, if non-real property that does not exceed $20,000 in~~

17 ~~value excluding the value of any conveyance is seized, the~~

18 ~~following procedure shall be used:~~

19 ~~(1) If, after review of the facts surrounding the~~

20 ~~seizure, the State's Attorney is of the opinion that the~~

21 ~~seized property is subject to forfeiture, then within 45~~

22 ~~days after the receipt of notice of seizure from the~~

23 ~~seizing agency, the State's Attorney shall cause notice of~~

24 ~~pending forfeiture to be given to the owner of the property~~

25 ~~and all known interest holders of the property in~~

26 ~~accordance with subsection (i) of this Section.~~

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1 ~~(2) The notice of pending forfeiture must include a~~

2 ~~description of the property, the estimated value of the~~

3 ~~property, the date and place of seizure, the conduct giving~~

4 ~~rise to forfeiture or the violation of law alleged, and a~~

5 ~~summary of procedures and procedural rights applicable to~~

6 ~~the forfeiture action.~~

7 ~~(3)(A) Any person claiming an interest in property~~

8 ~~which is the subject of notice under paragraph (1) of this~~

9 ~~subsection (k), must, in order to preserve any rights or~~

10 ~~claims to the property, within 45 days after the effective~~

11 ~~date of notice as described in subsection (i) of this~~

12 ~~Section, file a verified claim with the State's Attorney~~

13 ~~expressing his or her interest in the property. The claim~~

14 ~~must set forth:~~

15 ~~(i) the caption of the proceedings as set forth on~~

16 ~~the notice of pending forfeiture and the name of the~~

17 ~~claimant;~~

18 ~~(ii) the address at which the claimant will accept~~

19 ~~mail;~~

20 ~~(iii) the nature and extent of the claimant's~~

21 ~~interest in the property;~~

22 ~~(iv) the date, identity of the transferor, and~~

23 ~~circumstances of the claimant's acquisition of the~~

24 ~~interest in the property;~~

25 ~~(v) the name and address of all other persons known~~

26 ~~to have an interest in the property;~~

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1 ~~(vi) the specific provision of law relied on in~~

2 ~~asserting the property is not subject to forfeiture;~~

3 ~~(vii) all essential facts supporting each~~

4 ~~assertion; and~~

5 ~~(viii) the relief sought.~~

6 ~~(B) If a claimant files the claim and deposits with the~~

7 ~~State's Attorney a cost bond, in the form of a cashier's~~

8 ~~check payable to the clerk of the court, in the sum of 10%~~

9 ~~of the reasonable value of the property as alleged by the~~

10 ~~State's Attorney or the sum of $100, whichever is greater,~~

11 ~~upon condition that, in the case of forfeiture, the~~

12 ~~claimant must pay all costs and expenses of forfeiture~~

13 ~~proceedings, then the State's Attorney shall institute~~

14 ~~judicial in rem forfeiture proceedings and deposit the cost~~

15 ~~bond with the clerk of the court as described in subsection~~

16 ~~(l) of this Section within 45 days after receipt of the~~

17 ~~claim and cost bond. In lieu of a cost bond, a person~~

18 ~~claiming interest in the seized property may file, under~~

19 ~~penalty of perjury, an indigency affidavit which has been~~

20 ~~approved by a circuit court judge.~~

21 ~~(C) If none of the seized property is forfeited in the~~

22 ~~judicial in rem proceeding, the clerk of the court shall~~

23 ~~return to the claimant, unless the court orders otherwise,~~

24 ~~90% of the sum which has been deposited and shall retain as~~

25 ~~costs 10% of the money deposited. If any of the seized~~

26 ~~property is forfeited under the judicial forfeiture~~

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1 ~~proceeding, the clerk of the court shall transfer 90% of~~

2 ~~the sum which has been deposited to the State's Attorney~~

3 ~~prosecuting the civil forfeiture to be applied to the costs~~

4 ~~of prosecution and the clerk shall retain as costs 10% of~~

5 ~~the sum deposited.~~

6 ~~(4) If no claim is filed or bond given within the 45~~

7 ~~day period as described in paragraph (3) of this subsection~~

8 ~~(k), the State's Attorney shall declare the property~~

9 ~~forfeited and shall promptly notify the owner and all known~~

10 ~~interest holders of the property and the Director of State~~

11 ~~Police of the declaration of forfeiture and the Director~~

12 ~~shall dispose of the property in accordance with law.~~

13 (l) (Blank). ~~Judicial in rem procedures. If property seized~~

14 ~~under the provisions of this Article is non-real property that~~

15 ~~exceeds $20,000 in value excluding the value of any conveyance,~~

16 ~~or is real property, or a claimant has filed a claim and a cost~~

17 ~~bond under paragraph (3) of subsection (k) of this Section, the~~

18 ~~following judicial in rem procedures shall apply:~~

19 ~~(1) If, after a review of the facts surrounding the~~

20 ~~seizure, the State's Attorney is of the opinion that the~~

21 ~~seized property is subject to forfeiture, then within 45~~

22 ~~days of the receipt of notice of seizure by the seizing~~

23 ~~agency or the filing of the claim and cost bond, whichever~~

24 ~~is later, the State's Attorney shall institute judicial~~

25 ~~forfeiture proceedings by filing a verified complaint for~~

26 ~~forfeiture and, if the claimant has filed a claim and cost~~

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1 ~~bond, by depositing the cost bond with the clerk of the~~

2 ~~court. When authorized by law, a forfeiture must be ordered~~

3 ~~by a court on an action in rem brought by a State's~~

4 ~~Attorney under a verified complaint for forfeiture.~~

5 ~~(2) During the probable cause portion of the judicial~~

6 ~~in rem proceeding wherein the State presents its~~

7 ~~case-in-chief, the court must receive and consider, among~~

8 ~~other things, all relevant hearsay evidence and~~

9 ~~information. The laws of evidence relating to civil actions~~

10 ~~apply to all other portions of the judicial in rem~~

11 ~~proceeding.~~

12 ~~(3) Only an owner of or interest holder in the property~~

13 ~~may file an answer asserting a claim against the property~~

14 ~~in the action in rem. For purposes of this Section, the~~

15 ~~owner or interest holder shall be referred to as claimant.~~

16 ~~Upon motion of the State, the court shall first hold a~~

17 ~~hearing, wherein any claimant must establish by a~~

18 ~~preponderance of the evidence, that he or she has a lawful,~~

19 ~~legitimate ownership interest in the property and that it~~

20 ~~was obtained through a lawful source.~~

21 (4) ~~The answer must be signed by the owner or interest~~

22 ~~holder under penalty of perjury and must set forth:~~

23 ~~(A) the caption of the proceedings as set forth on~~

24 ~~the notice of pending forfeiture and the name of the~~

25 ~~claimant;~~

26 ~~(B) the address at which the claimant will accept~~

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1 ~~mail;~~

2 ~~(C) the nature and extent of the claimant's~~

3 ~~interest in the property;~~

4 ~~(D) the date, identity of transferor, and~~

5 ~~circumstances of the claimant's acquisition of the~~

6 ~~interest in the property;~~

7 ~~(E) the name and address of all other persons known~~

8 ~~to have an interest in the property;~~

9 ~~(F) all essential facts supporting each assertion;~~

10 ~~and~~

11 ~~(G) the precise relief sought.~~

12 ~~(5) The answer must be filed with the court within 45~~

13 ~~days after service of the civil in rem complaint.~~

14 ~~(6) The hearing must be held within 60 days after~~

15 ~~filing of the answer unless continued for good cause.~~

16 ~~(7) The State shall show the existence of probable~~

17 ~~cause for forfeiture of the property. If the State shows~~

18 ~~probable cause, the claimant has the burden of showing by a~~

19 ~~preponderance of the evidence that the claimant's interest~~

20 ~~in the property is not subject to forfeiture.~~

21 ~~(8) If the State does not show existence of probable~~

22 ~~cause, the court shall order the interest in the property~~

23 ~~returned or conveyed to the claimant and shall order all~~

24 ~~other property forfeited to the State. If the State does~~

25 ~~show existence of probable cause, the court shall order all~~

26 ~~property forfeited to the State.~~

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1 ~~(9) A defendant convicted in any criminal proceeding is~~

2 ~~precluded from later denying the essential allegations of~~

3 ~~the criminal offense of which the defendant was convicted~~

4 ~~in any proceeding under this Article regardless of the~~

5 ~~pendency of an appeal from that conviction. However,~~

6 ~~evidence of the pendency of an appeal is admissible.~~

7 ~~(10) An acquittal or dismissal in a criminal proceeding~~

8 ~~does not preclude civil proceedings under this Article;~~

9 ~~however, for good cause shown, on a motion by the State's~~

10 ~~Attorney, the court may stay civil forfeiture proceedings~~

11 ~~during the criminal trial for a related criminal indictment~~

12 ~~or information alleging a money laundering violation. Such~~

13 ~~a stay shall not be available pending an appeal. Property~~

14 ~~subject to forfeiture under this Article shall not be~~

15 ~~subject to return or release by a court exercising~~

16 ~~jurisdiction over a criminal case involving the seizure of~~

17 ~~such property unless such return or release is consented to~~

18 ~~by the State's Attorney.~~

19 ~~(11) All property declared forfeited under this~~

20 ~~Article vests in this State on the commission of the~~

21 ~~conduct giving rise to forfeiture together with the~~

22 ~~proceeds of the property after that time. Any such property~~

23 ~~or proceeds subsequently transferred to any person remain~~

24 ~~subject to forfeiture and thereafter shall be ordered~~

25 ~~forfeited.~~

26 ~~(12) A civil action under this Article must be~~

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1 ~~commenced within 5 years after the last conduct giving rise~~

2 ~~to forfeiture became known or should have become known or 5~~

3 ~~years after the forfeitable property is discovered,~~

4 ~~whichever is later, excluding any time during which either~~

5 ~~the property or claimant is out of the State or in~~

6 ~~confinement or during which criminal proceedings relating~~

7 ~~to the same conduct are in progress.~~

8 (m) (Blank). ~~Stay of time periods. If property is seized~~

9 ~~for evidence and for forfeiture, the time periods for~~

10 ~~instituting judicial and non-judicial forfeiture proceedings~~

11 ~~shall not begin until the property is no longer necessary for~~

12 ~~evidence.~~

13 (n) (Blank). ~~Settlement of claims. Notwithstanding other~~

14 ~~provisions of this Article, the State's Attorney and a claimant~~

15 ~~of seized property may enter into an agreed-upon settlement~~

16 ~~concerning the seized property in such an amount and upon such~~

17 ~~terms as are set out in writing in a settlement agreement.~~

18 (o) (Blank). ~~Property constituting attorney fees. Nothing~~

19 ~~in this Article applies to property which constitutes~~

20 ~~reasonable bona fide attorney's fees paid to an attorney for~~

21 ~~services rendered or to be rendered in the forfeiture~~

22 ~~proceeding or criminal proceeding relating directly thereto~~

23 ~~where such property was paid before its seizure, before the~~

24 ~~issuance of any seizure warrant or court order prohibiting~~

25 ~~transfer of the property and where the attorney, at the time he~~

26 ~~or she received the property did not know that it was property~~

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1 ~~subject to forfeiture under this Article.~~

2 (p) (Blank). ~~Construction. It is the intent of the General~~

3 ~~Assembly that the forfeiture provisions of this Article be~~

4 ~~liberally construed so as to effect their remedial purpose. The~~

5 ~~forfeiture of property and other remedies hereunder shall be~~

6 ~~considered to be in addition to, and not exclusive of, any~~

7 ~~sentence or other remedy provided by law.~~

8 (q) (Blank). ~~Judicial review. If property has been declared~~

9 ~~forfeited under subsection (k) of this Section, any person who~~

10 ~~has an interest in the property declared forfeited may, within~~

11 ~~30 days after the effective date of the notice of the~~

12 ~~declaration of forfeiture, file a claim and cost bond as~~

13 ~~described in paragraph (3) of subsection (k) of this Section.~~

14 ~~If a claim and cost bond is filed under this Section, then the~~

15 ~~procedures described in subsection (l) of this Section apply.~~

16 (r) (Blank). ~~Burden of proof of exemption or exception. It~~

17 ~~is not necessary for the State to negate any exemption or~~

18 ~~exception in this Article in any complaint, information,~~

19 ~~indictment or other pleading or in any trial, hearing, or other~~

20 ~~proceeding under this Article. The burden of proof of any~~

21 ~~exemption or exception is upon the person claiming it.~~

22 (s) (Blank). ~~Review of administrative decisions. All~~

23 ~~administrative findings, rulings, final determinations,~~

24 ~~findings, and conclusions of the State's Attorney's Office~~

25 ~~under this Article are final and conclusive decisions of the~~

26 ~~matters involved. Any person aggrieved by the decision may~~

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1 ~~obtain review of the decision pursuant to the provisions of the~~

2 ~~Administrative Review Law and the rules adopted pursuant to~~

3 ~~that Law. Pending final decision on such review, the~~

4 ~~administrative acts, orders, and rulings of the State's~~

5 ~~Attorney's Office remain in full force and effect unless~~

6 ~~modified or suspended by order of court pending final judicial~~

7 ~~decision. Pending final decision on such review, the acts,~~

8 ~~orders, and rulings of the State's Attorney's Office remain in~~

9 ~~full force and effect, unless stayed by order of court.~~

10 ~~However, no stay of any decision of the administrative agency~~

11 ~~shall issue unless the person aggrieved by the decision~~

12 ~~establishes by a preponderance of the evidence that good cause~~

13 ~~exists for the stay. In determining good cause, the court shall~~

14 ~~find that the aggrieved party has established a substantial~~

15 ~~likelihood of prevailing on the merits and that granting the~~

16 ~~stay will not have an injurious effect on the general public.~~

17 (Source: P.A. 99-480, eff. 9-9-15.)

18 (720 ILCS 5/29B-1.1 new)

19 Sec. 29B-1.1. Protective orders.

20 (a) Upon application of the State, the court may enter a

21 restraining order or injunction, require the execution of a

22 satisfactory performance bond, or take other action to preserve

23 the availability of property described in Section 29B-2 of this

24 Article subject to forfeiture under this Article:

25 (1) upon the filing of an indictment, information, or

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1 complaint charging a violation of this Article for which

2 forfeiture may be ordered and alleging that the property

3 with respect to which the order is sought would be subject

4 to forfeiture under this Article; or

5 (2) prior to the filing of the indictment, information,

6 or complaint, if, after notice to persons appearing to have

7 an interest in the property and opportunity for a hearing,

8 the court determines that:

9 (A) there is probable cause to believe that the

10 State will prevail on the issue of forfeiture and that

11 failure to enter the order will result in the property

12 being destroyed, removed from the jurisdiction of the

13 court, or otherwise made unavailable for forfeiture;

14 and

15 (B) the need to preserve the availability of the

16 property through the entry of the requested order

17 outweighs the hardship on any party against whom the

18 order is to be entered.

19 An order entered under paragraph (2) of this subsection

20 shall be effective for not more than 90 days, unless extended

21 by the court for good cause shown or if an indictment,

22 information, complaint, or administrative notice has been

23 filed.

24 (b) A temporary restraining order under this Section may be

25 entered upon application of the State without notice or

26 opportunity for a hearing when an indictment, information,

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1 complaint, or administrative notice has not yet been filed with

2 respect to the property if the State demonstrates that there is

3 probable cause to believe that the property would be subject to

4 forfeiture under this Section and that notice will jeopardize

5 the availability of the property for forfeiture. A temporary

6 order shall expire not more than 30 days after the date on

7 which it is entered, unless extended for good cause shown or

8 the party against whom it is entered consents to an extension

9 for a longer period. A hearing requested concerning an order

10 entered under this subsection shall be held at the earliest

11 possible time and prior to the expiration of the temporary

12 order.

13 (c) The court may receive and consider at a hearing held

14 under this Section evidence and information that would be

15 inadmissible under the rules of evidence of this State.

16 (d) Order to repatriate and deposit.

17 (1) Under its authority to enter a pretrial restraining

18 order under this Section, the court may order a defendant

19 to repatriate any property that may be seized or forfeited

20 and deposit that property pending trial with the Department

21 of State Police or another law enforcement agency

22 designated by the Department.

23 (2) Failure to comply with an order under this Section

24 is punishable as civil or criminal contempt of court.

25 (720 ILCS 5/29B-1.5 new)

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1 Sec. 29B-1.5. Warrant of seizure. The State may request the

2 issuance of a warrant authorizing the seizure of property

3 described in Section 29B-2 of this Article in the same manner

4 as provided for a search warrant. If the court determines that

5 there is probable cause to believe that the property to be

6 seized would be subject to forfeiture, the court shall issue a

7 warrant authorizing the seizure of the property.

8 (720 ILCS 5/29B-2 new)

9 Sec. 29B-2. Property subject to forfeiture.

10 The following property is subject of forfeiture under this

11 Article:

12 (1) any property, real or personal, constituting, derived

13 from, or traceable to any proceeds the person obtained directly

14 or indirectly, as a result of a violation of this Article;

15 (2) any of the person's property used or intended to be

16 used in any manner or part to commit or facilitate the

17 commission of a violation of this Article;

18 (3) all conveyances, including aircraft, vehicles, or

19 vessels, which are used or intended for use to transport or in

20 any manner to facilitate the transportation, sale, receipt,

21 possession, or concealment of property described in paragraphs

22 (1) and (2) of this Section, but the following are not subject

23 to forfeiture:

24 (A) a conveyance used by any person as a common carrier

25 in the transaction of business as a common carrier unless

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1 it appears that the owner or person in charge of the

2 conveyance is a consenting party or privy to a violation of

3 this Article;

4 (B) a conveyance by reason of any act or omission which

5 the owner proves to have been committed or omitted without

6 his or her knowledge or consent; or

7 (C) a conveyance encumbered by a bona fide security

8 interest is subject to the interest of the secured party if

9 he or she did not have knowledge or consented to the act or

10 omission; and

11 (4) all real property, including any right, title, and

12 interest including, but not limited to, any leasehold interest

13 or the beneficial interest in a land trust, in the whole of any

14 lot or tract of land and any appurtenances or improvements,

15 which is used or intended to be used, in any manner or part, to

16 commit or facilitate the commission of a violation of this

17 Article, or that is the proceeds of any violation or act that

18 constitutes a violation of this Article.

19 (720 ILCS 5/29B-3 new)

20 Sec. 29B-3. Seizure.

21 (a) Seizure of real property subject to forfeiture under

22 this Article requires a court order. A court may issue an order

23 to seize or secure real property for which forfeiture is sought

24 only after proper notice to property owners and an opportunity

25 for a contested hearing to determine the sufficiency of

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1 probable cause for the seizure. Nothing in this subsection

2 prohibits the prosecuting authority from seeking a lis pendens

3 or restraining order to hinder the sale or destruction of the

4 real property.

5 (b) Personal property subject to forfeiture under this

6 Article may be seized by the Director of State Police or any

7 peace officer upon process or seizure warrant issued by any

8 court having jurisdiction over the property.

9 (c) Personal property subject to forfeiture under this

10 Article may be seized by the Director of State Police or any

11 peace officer without process:

12 (1) if the seizure is incident to a seizure warrant;

13 (2) if the property subject to seizure has been the

14 subject of a prior judgment in favor of the State in a

15 criminal proceeding or in an injunction or forfeiture

16 proceeding based upon this Article;

17 (3) if there is probable cause to believe that the

18 property is directly or indirectly dangerous to health or

19 safety;

20 (4) if there is probable cause to believe that the

21 property is subject to forfeiture under this Article and

22 the property is seized under circumstances in which a

23 warrantless seizure or arrest would be reasonable; or

24 (5) in accordance with the Code of Criminal Procedure

25 of 1963.

26 (d) When a conveyance is seized under this Article, an

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1 investigation shall be made by the law enforcement agency as to

2 any person whose right, title, interest, or lien is of record

3 in the office of the agency or official in which title or

4 interest to the conveyance is required by law to be recorded.

5 (e) After seizure of property under this Section, notice

6 shall be given to all known interest holders that forfeiture

7 proceedings, including a preliminary review, may be instituted

8 under this Article.

9 (720 ILCS 5/29B-4 new)

10 Sec. 29B-4. Receipt for seized property. When a law

11 enforcement officer seizes property that is subject to

12 forfeiture, the officer shall provide an itemized receipt to

13 the person possessing the property or, in the absence of a

14 person to whom the receipt could be given, shall leave the

15 receipt in the place where the property was found if possible.

16 (720 ILCS 5/29B-5 new)

17 Sec. 29B-5. Safekeeping of seized property pending

18 disposition.

19 (a) Property seized under this Article is deemed to be in

20 the custody of the Director of State Police subject only to the

21 order and judgments of the circuit court having jurisdiction

22 over the forfeiture proceeding and the decisions of the State's

23 Attorney under this Article.

24 (b) If property is seized under this Article, the seizing

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1 agency shall promptly conduct an inventory of the seized

2 property and estimate the property's value and forward a copy

3 of the inventory of seized property and an estimate of the

4 property's value to the Director of State Police. Upon

5 receiving notice of seizure, the Director of State Police

6 shall:

7 (1) place the property under seal;

8 (2) remove the property to a place designated by the

9 Director of State Police;

10 (3) keep the property in the possession of the seizing

11 agency;

12 (4) remove the property to a storage area for

13 safekeeping;

14 (5) place the property under constructive seizure by

15 posting notice of pending forfeiture on it, by giving

16 notice of pending forfeiture to its owners and interest

17 holders, or by filing notice of pending forfeiture in any

18 appropriate public record relating to the property; or

19 (6) allow another agency or custodian, including an

20 owner, secured party, or secured lienholder, to take

21 custody of the property upon terms and conditions set by

22 the Director.

23 (c) Property seized under this Article shall be kept by the

24 custodian in a manner to protect it from theft or damage and,

25 if ordered by the court, insured against those risks.

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1 (720 ILCS 5/29B-6 new)

2 Sec. 29B-6. Preliminary Review.

3 (a) Within 14 days of the seizure, the State shall seek a

4 preliminary determination from the circuit court as to whether

5 there is probable cause that the property may be subject to

6 forfeiture.

7 (b) The rules of evidence of this State shall not apply to

8 any proceeding conducted under this Section.

9 (c) The court may conduct the review under subsection (a)

10 of this Section simultaneously with a proceeding under Section

11 109-1 of the Code of Criminal Procedure of 1963 for a related

12 criminal offense if a prosecution is commenced by information

13 or complaint.

14 (d) The court may accept a finding of probable cause at a

15 preliminary hearing following the filing of an information or

16 complaint charging a related criminal offense or following the

17 return of an indictment by a grand jury charging the related

18 offense as sufficient evidence of probable cause as required

19 under subsection (a) of this Section.

20 (e) Upon making a finding of probable cause as required

21 under this Section, the circuit court shall order the property

22 held until the conclusion of the forfeiture proceeding.

23 (f) For the seizure of a conveyance, at any time after a

24 finding of probable cause under subsection (a) of this Section,

25 but at least 60 days before the trial of the forfeiture case,

26 the registered owner or other claimant may file a motion in

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1 writing supported by one or more sworn affidavits claiming that

2 the denial of the use of the conveyance during the pendency of

3 the forfeiture proceedings will create a substantial hardship

4 on the owner or claimant. The court shall consider the

5 following factors in determining whether a substantial

6 hardship has been proven:

7 (1) the nature of the claimed hardship;

8 (2) the availability of public transportation or other

9 available means of transportation; and

10 (3) any available alternatives to alleviate the

11 hardship other than the return of the seized conveyance.

12 If the court determines that a substantial hardship has

13 been proven, the court shall balance the nature of the hardship

14 against the State's interest in safeguarding the conveyance.

15 If the court determines that the hardship outweighs the

16 State's interest in safeguarding the conveyance, the court may

17 temporarily release the conveyance to the registered owner or

18 claimant or the registered owner or claimant's authorized

19 designee, or both, until the conclusion of the forfeiture

20 proceedings or for a shorter period as ordered by the court,

21 provided the person to whom the conveyance is released provides

22 proof of insurance and a valid driver's license and all State

23 and local registrations for operation of the conveyance are

24 current. The court may place conditions on the conveyance

25 limiting its use to the stated hardship and restricting the

26 conveyance's use to only those persons authorized to use the

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1 conveyance by the registered owner or claimant. The court may

2 revoke the order releasing the conveyance and order that the

3 conveyance be seized by law enforcement if the conditions of

4 release are violated or if the conveyance is used in the

5 commission of any offense identified in subsection (a) of

6 Section 6-205 of the Illinois Vehicle Code.

7 If the conveyance is released, the court shall order that

8 the registered owner or claimant, or his or her designee:

9 safeguard the conveyance; not remove the conveyance from the

10 jurisdiction; not conceal, destroy, or otherwise dispose of the

11 conveyance; not encumber the conveyance; and not diminish the

12 value of the conveyance in any way. The court shall determine

13 the full market value of the conveyance prior to release under

14 this subsection based on a source or sources defined in 50 Ill.

15 Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).

16 If the conveyance subject to forfeiture is released under

17 this Section and is subsequently forfeited, the person to whom

18 the conveyance was released shall return the conveyance to the

19 law enforcement agency that seized the conveyance within 7 days

20 from the date of the declaration of forfeiture or order of

21 forfeiture.

22 (720 ILCS 5/29B-7 new)

23 Sec. 29B-7. Notice to State's Attorney. The law enforcement

24 agency seizing property for forfeiture under this Article

25 shall, as soon as practicable but no later than 48 hours after

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1 the seizure, notify the State's Attorney of the county in which

2 an act or omission giving rise to the seizure occurred or in

3 which the property was seized and the facts and circumstances

4 giving rise to the seizure and shall provide the State's

5 Attorney with the inventory of the property and its estimated

6 value. If the property seized for forfeiture is a vehicle, the

7 law enforcement agency seizing the property shall immediately

8 notify the Secretary of State that forfeiture proceedings are

9 pending against the vehicle.

10 (720 ILCS 5/29B-8 new)

11 Sec. 29B-8. Replevin hearing.

12 (a) At any time following the seizure of property, but at

13 least 60 days prior to trial of the forfeiture case, any person

14 who claims an ownership interest in property seized under this

15 Article may claim the right to possession of the property by

16 motion to the court to issue a writ of replevin. The movant

17 shall file a motion establishing the validity of his or her

18 alleged interest in the property.

19 (b) The court shall hear the motion no more than 30 days

20 after the motion is filed.

21 (c) If the motion for replevin is heard prior to the

22 preliminary review under Section 29B-6 of this Article, the

23 State shall file an answer showing probable cause for the

24 seizure at least 10 days before the hearing.

25 (d) Either party may, by agreement or for good cause, move

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1 the court for one extension of no more than 10 days. The motion

2 may be supported by affidavits or other submissions.

3 (e) The court shall issue a writ of replevin if it finds

4 that:

5 (1) it is likely the final judgment will require the

6 State to return the property to the claimant; or

7 (2) the property is the only reasonable means for the

8 person claiming an ownership interest in the property to

9 pay for legal representation in the forfeiture proceeding.

10 At the court's discretion under subsection (b) of this

11 Section, the court may order the return of funds or property

12 sufficient to obtain legal counsel, but less than the total

13 amount seized and require an accounting.

14 (720 ILCS 5/29B-9 new)

15 Sec. 29B-9. Complaint of forfeiture.

16 (a) If the State's Attorney of the county in which the

17 seizure occurs finds that the alleged violation of law giving

18 rise to the seizure was incurred without willful negligence,

19 without any intention on the part of the owner of the property

20 to violate the law, or finds the existence of mitigating

21 circumstances as to justify remission of the forfeiture, he or

22 she shall cause the law enforcement agency having custody of

23 the property to return the property to the owner within a

24 reasonable time not to exceed 5 days. The State's Attorney

25 shall exercise his or her discretion prior to or promptly after

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1 the preliminary review under Section 29B-6 of this Article.

2 (b) If, after review of the facts surrounding the seizure,

3 the State's Attorney is of the opinion that the seized property

4 is subject to forfeiture and the State's Attorney does not

5 cause the forfeiture to be remitted under subsection (a) of

6 this Section, he or she shall bring an action for forfeiture in

7 the circuit court within whose jurisdiction the seizure and

8 confiscation has taken place by filing a complaint of

9 forfeiture proceeding as soon as practicable, but no later than

10 30 days after a finding of probable cause at a preliminary

11 review under Section 29B-6 of this Article. A complaint of

12 forfeiture proceeding shall include:

13 (1) a description of the property seized;

14 (2) the date and place of seizure of the property;

15 (3) the name and address of the law enforcement agency

16 making the seizure;

17 (4) the specific statutory and factual grounds for the

18 seizure;

19 (5) whether the property was seized under an order of

20 seizure, and if the property was seized without an order of

21 seizure, an affidavit from a law enforcement officer

22 stating the factual and legal grounds for the seizure;

23 (6) in the complaint caption and in the complaint, the

24 names of persons known to the State who may claim an

25 interest in the property and the basis for each person's

26 alleged interest; and

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1 (7) a summary of procedures and procedural rights

2 applicable to the forfeiture action.

3 (c) The complaint shall be served upon the person from whom

4 the property was seized and all persons known or reasonably

5 believed by the State to claim an interest in the property, in

6 accordance with the provisions of Article II, Part 2 of the

7 Code of Civil Procedure.

8 (720 ILCS 5/29B-10 new)

9 Sec. 29B-10. Exemptions from forfeiture.

10 (a) No vessel or watercraft, vehicle, or aircraft used by

11 any person as a common carrier in the transaction of business

12 as a common carrier may be forfeited unless the State proves by

13 clear and convincing evidence that (1) in the case of a railway

14 car or engine, the owner, or (2) in the case of any other

15 vessel or watercraft, vehicle or aircraft, the owner or the

16 master of the vessel or watercraft or the owner or conductor,

17 driver, pilot, or other person in charge of the vehicle or

18 aircraft was at the time of the alleged illegal act a

19 consenting party or privy to the illegal act.

20 (b) No vessel or watercraft, vehicle, or aircraft shall be

21 forfeited by reason of any act or omission by a person other

22 than the owner while the vessel, watercraft, vehicle, or

23 aircraft was unlawfully in the possession of a person who

24 acquired possession in violation of the criminal laws of the

25 United States or of any state.

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1 (c) Notwithstanding any other provision of law to the

2 contrary, the property of an innocent owner shall not be

3 forfeited. No property interest shall be subject to forfeiture

4 unless the State proves by clear and convincing evidence that

5 the underlying violation of law was committed with the

6 knowledge and consent of the owner.

7 (d) Homesteaded real property, a motor vehicle of less than

8 $10,000 in market value, or U.S. currency totaling $200 or less

9 shall not be subject to forfeiture under this Article.

10 (720 ILCS 5/29B-11 new)

11 Sec. 29B-11. Judicial forfeiture procedures.

12 (a) A judgment of forfeiture requires as a condition

13 precedent that a defendant be convicted in an underlying or

14 related criminal action of an offense for which forfeiture is

15 authorized under this Article. The court may waive the

16 conviction requirement if the State shows by clear and

17 convincing evidence that the defendant:

18 (1) died;

19 (2) was deported by the U.S. government;

20 (3) is granted immunity in exchange for testifying or

21 otherwise assisting a law enforcement investigation or

22 prosecution; or

23 (4) fled the jurisdiction after being charged with an

24 offense for which forfeiture is authorized and released on

25 bail.

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1 A defendant convicted in a criminal proceeding is precluded

2 from later denying the essential allegations of the criminal

3 offense of which the defendant was convicted in any proceeding

4 under this Article regardless of the pendency of an appeal from

5 that conviction. However, evidence of the pendency of an appeal

6 is admissible.

7 (b) The court shall stay civil forfeiture proceedings

8 during the criminal trial for a related criminal indictment

9 information, or complaint alleging a violation of this Article

10 giving rise to the forfeiture, or alleging a felony violation

11 of law underlying an alleged violation of this Article giving

12 rise to forfeiture. A stay shall not be available pending an

13 appeal. Property subject to forfeiture under this Article shall

14 not be subject to return or release by a court exercising

15 jurisdiction over a criminal case involving the seizure of the

16 property unless the return or release is consented to by the

17 State's Attorney. Upon dismissal of all related criminal

18 proceedings underlying the alleged violation of this Article

19 giving rise to forfeiture, the State's Attorney shall

20 immediately move for dismissal of the forfeiture action.

21 (c) Only an owner of or interest holder in the property may

22 file an answer. For purposes of this Article, the owner or

23 interest holder shall be referred to as claimant. A person not

24 named in the forfeiture complaint who claims to have an

25 interest in the property may petition to intervene as a

26 claimant in accordance with Section 2-408 of the Code of Civil

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1 Procedure.

2 (d) The answer must be signed by the owner or interest

3 holder under penalty of perjury and must provide the following:

4 (1) the caption of the proceedings as set forth on the

5 notice of pending forfeiture and the name of the claimant;

6 (2) the address at which the claimant will accept mail;

7 (3) the nature and extent of the claimant's interest in

8 the property;

9 (4) the date, identity of transferor, and

10 circumstances of the claimant's acquisition of the

11 interest in the property;

12 (5) the name and address of all other persons known to

13 have an interest in the property;

14 (6) the specific provisions of Section 29B-10 of this

15 Article relied upon in asserting the property is exempt

16 from forfeiture, if applicable;

17 (7) the essential facts supporting each assertion; and

18 (8) the precise relief sought.

19 (e) The answer must be filed with the court within 45 days

20 after service of the complaint of forfeiture. The trial must be

21 held within 60 days after filing of the answer unless continued

22 for good cause.

23 (f) The State shall have the burden of proving by clear and

24 convincing evidence that the property is subject to forfeiture.

25 If the State does not meet its burden of proof, the court shall

26 order the interest in the property returned or conveyed to the

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1 claimant.

2 (g) Provisional title to all property declared forfeited

3 vests in this State on the commission of the conduct giving

4 rise to forfeiture together with the proceeds of the property

5 after that time. Except as otherwise provided in this Article,

6 any of the property or proceeds subsequently transferred to any

7 person remain subject to forfeiture under this Article shall be

8 ordered forfeited. A claimant who acquired, as a transferee, an

9 ownership interest in property that is the subject of

10 forfeiture proceedings under this Article after the commission

11 of the underlying violation of law giving rise to forfeiture

12 under this Article, shall be barred from asserting that his or

13 her interest in the property is exempt from forfeiture under

14 subsection (c) of Section 29B-10 of this Article, unless the

15 claimant shows by a preponderance of the evidence that he or

16 she acquired the interest as a mortgagee, secured creditor,

17 lienholder, or bona fide purchaser, without knowledge of the

18 seizure of the property and without notice of any defect in

19 title.

20 (h) A civil action brought under this Article must be

21 commenced within 5 years after the last conduct giving rise to

22 forfeiture became known or should have become known, or 5 years

23 after the property subject to forfeiture is discovered,

24 whichever is later, excluding any time during which either the

25 property or claimant is out of the State or in confinement or

26 during which criminal proceedings relating to the same conduct

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1 are in progress.

2 (i) A claimant is not jointly and severally liable for

3 forfeiture awards owed by other claimants. If ownership is

4 unclear, a court may order each claimant to forfeit property on

5 a pro rata basis or by another means the court finds equitable.

6 (720 ILCS 5/29B-12 new)

7 Sec. 29B-12. Proportionality hearing.

8 (a) If property has been declared forfeited under Section

9 29B-11 of this Article as an instrumentality of a criminal

10 offense, a claimant may, within 30 days of the effective date

11 of the notice of the declaration of forfeiture, petition the

12 court that the forfeiture is grossly disproportional to the

13 seriousness of the offense. The claimant shall bear the burden

14 of persuasion by a preponderance of the evidence at a hearing

15 conducted by the court without a jury. In determining whether

16 the forfeiture of an instrumentality is excessive, the court

17 may consider all relevant factors, including, but not limited

18 to:

19 (1) the seriousness of the offense and its impact on

20 the community, including the duration of the activity and

21 the harm caused by the claimant;

22 (2) the extent to which the claimant participated in

23 the offense;

24 (3) the extent to which the property was used in

25 committing the offense;

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1 (4) the sentence imposed for committing the crime

2 subject to forfeiture; and

3 (5) whether the offense was completed or attempted.

4 (b) In determining the value of the instrumentality subject

5 to forfeiture, the court may consider all relevant factors,

6 including, but not limited to:

7 (1) the fair market value of the property;

8 (2) the value of the property to the claimant,

9 including the hardship to the claimant if the forfeiture is

10 realized; and

11 (3) the hardship from the loss of a primary residence,

12 motor vehicle, or other property to the claimant's family

13 members or others if the property is forfeited.

14 (c) The court may not consider the monetary value of the

15 instrumentality to the State in determining whether the

16 forfeiture of an instrumentality is disproportional to the

17 seriousness of the offense.

18 (d) If the claimant prevails in a proportionality hearing

19 under this Section, the court may order the property, or a

20 portion of the property, returned or conveyed to the claimant

21 as the court deems just.

22 (720 ILCS 5/29B-13 new)

23 Sec. 29B-13. Stay of time periods. If property is seized

24 for evidence and is subject to forfeiture, the time periods for

25 instituting judicial forfeiture proceedings shall not begin

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1 until the property is no longer necessary for evidence.

2 (720 ILCS 5/29B-14 new)

3 Sec. 29B-14. Settlement of claims. Notwithstanding any

4 other provision of this Article, the State's Attorney and a

5 claimant of seized property may enter into an agreed settlement

6 concerning the seized property in an amount and upon the terms

7 as set out in writing in the settlement agreement.

8 (720 ILCS 5/29B-15 new)

9 Sec. 29B-15. Attorney's fees. Nothing in this Article shall

10 apply to property which constitutes reasonable bona fide

11 attorney's fees paid to an attorney for services rendered or to

12 be rendered in the forfeiture proceeding or criminal proceeding

13 if the property was paid before its seizure, before the

14 issuance of any seizure warrant, or court order prohibiting

15 transfer of the property and if the attorney, at the time he or

16 she received the property did not know that it was property

17 subject to forfeiture.

18 (720 ILCS 5/29B-16 new)

19 Sec. 29B-16. Construction. The General Assembly intends

20 the forfeiture provisions of this Article to be liberally

21 construed so as to effect their remedial purpose. The

22 forfeiture of property and other remedies shall be considered

23 to be in addition, and not exclusive of any sentence or other

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1 remedy provided by law.

2 (720 ILCS 5/29B-17 new)

3 Sec. 29B-17. Judicial review. If property has been declared

4 forfeited under Section 29B-11 of this Article, any person who

5 has an interest in the property declared forfeited and whose

6 claimed interest in the forfeited property was not adjudicated

7 in the forfeiture proceeding may, within 30 days of the

8 effective date of the notice of the declaration of forfeiture,

9 file a petition to stay enforcement of the order of forfeiture

10 and to intervene as a claimant under Section 2-408 of the Code

11 of Civil Procedure.

12 (720 ILCS 5/29B-18 new)

13 Sec. 29B-18. Return of property, damages, and costs.

14 (a) The law enforcement agency that holds custody of

15 property seized for forfeiture shall return it to the claimant,

16 within a reasonable period of time not to exceed 5 days after

17 the court orders the property to be returned or conveyed to the

18 claimant:

19 (1) property ordered by the court to be conveyed or

20 returned to the claimant in accordance with subsection (f)

21 of Section 29B-11 of this Article; and

22 (2) property ordered by the court to be conveyed or

23 returned to the claimant in accordance with subsection (d)

24 of Section 29B-12 of this Article.

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1 (b) The law enforcement agency that holds custody of

2 property described in subsection (a) of this Section is

3 responsible for any damages, storage fees, and related costs

4 applicable to the property returned. The claimant shall not be

5 subject to any charges by the State for storage of the property

6 or expenses incurred in the preservation of the property.

7 (720 ILCS 5/29B-19 new)

8 Sec. 29B-19. Distribution of proceeds; selling or

9 retaining seized property prohibited.

10 (a) Abandoned property shall be delivered to the Department

11 of State Police within 30 days. For purposes of this Section,

12 "abandoned property" means personal property left by an owner

13 who intentionally relinquishes all rights to its control. Real

14 property may not be abandoned.

15 (b) Except as otherwise provided in this Section, the court

16 shall order that property under this Article to be delivered to

17 the Department of State Police within 30 days.

18 (c) Upon motion, the court may order that a portion of the

19 currency seized or proceeds from public auction be used to pay

20 reasonable non-personnel expenses of the seizure, storage, and

21 maintenance of custody of any forfeited items.

22 (d) The Department of State Police shall dispose of all

23 non-currency forfeited or abandoned property at public

24 auction. The auction proceeds and forfeited currency shall

25 first be used to pay all outstanding recorded liens on the

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1 forfeited property and then to comply with an order of the

2 court to pay reasonable non-personnel expenses under

3 subsection (c) of this Section, with all remaining funds to be

4 deposited into the Asset Forfeiture Proceeds Fund.

5 (e) A law enforcement agency shall not retain forfeited or

6 abandoned property for its own use or transfer that property to

7 any employee of the agency, to a person related to an employee

8 by blood or marriage, or to another law enforcement agency.

9 (720 ILCS 5/29B-20 new)

10 Sec. 29B-20. Transfer of forfeitable property to the

11 federal government.

12 (a) No State, county, municipal law enforcement agency, or

13 prosecuting authority may enter into an agreement to transfer

14 or refer seized property to a federal agency directly,

15 indirectly, by adoption, through an intergovernmental joint

16 taskforce, or by any other means for the purposes of forfeiture

17 litigation, and instead shall refer the seized property to

18 appropriate local or State prosecuting authorities for

19 forfeiture litigation under this Article, unless the seized

20 property includes U.S. currency in excess of $100,000.

21 (b) If the seized property includes U.S. currency in excess

22 of $100,000, a State, county, or municipal law enforcement

23 agency may refer or transfer the seized property to a federal

24 agency for forfeiture litigation under federal law, but nothing

25 in this Section shall be construed to require the referral or

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1 transfer.

2 (c) Nothing in subsections (a) or (b) of this Section shall

3 be construed to restrict a State, county, or municipal law

4 enforcement agency from collaborating with a federal agency to

5 seize contraband or property that the law enforcement agency

6 has probable cause to believe is the proceeds or instruments of

7 a crime by adoption, through an intergovernmental joint

8 taskforce, or by other means.

9 (720 ILCS 5/29B-21 new)

10 Sec. 29B-21. Disposition of property and proceeds from

11 another jurisdiction.

12 (a) Forfeited property received from another jurisdiction,

13 including from the federal government, shall be transferred to

14 the Department of State Police, sold at public auction by the

15 Department of State Police or its designee, and deposited into

16 the Asset Forfeiture Proceeds Fund.

17 (b) Proceeds from the sale of forfeited property received

18 from another jurisdiction, including the federal government,

19 must be transferred to the Department of State Police and

20 deposited into the Asset Forfeiture Proceeds Fund.

21 (c) If federal law prohibits compliance with subsections

22 (a) and (b) of this Section, State and local law enforcement

23 agencies are prohibited from seeking or accepting forfeited

24 property or proceeds from the federal government.

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1 (720 ILCS 5/29B-22 new)

2 Sec. 29B-22. Reporting. Property seized or forfeited under

3 this Article is subject to reporting under the Seizure and

4 Forfeiture Reporting Act.

5 (720 ILCS 5/33G-6)

6 (Section scheduled to be repealed on June 11, 2017)

7 Sec. 33G-6. Remedial proceedings, procedures, and

8 forfeiture. Under this Article:

9 (a) The circuit court shall have jurisdiction to prevent

10 and restrain violations of this Article by issuing appropriate

11 orders, including:

12 (1) ordering any person to disgorge illicit proceeds

13 obtained by a violation of this Article or divest himself

14 or herself of any interest, direct or indirect, in any

15 enterprise or real or personal property of any character,

16 including money, obtained, directly or indirectly, by a

17 violation of this Article;

18 (2) imposing reasonable restrictions on the future

19 activities or investments of any person or enterprise,

20 including prohibiting any person or enterprise from

21 engaging in the same type of endeavor as the person or

22 enterprise engaged in, that violated this Article; or

23 (3) ordering dissolution or reorganization of any

24 enterprise, making due provision for the rights of innocent

25 persons.

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1 (b) Any violation of this Article is subject to the

2 remedies, procedures, and forfeiture as set forth in Sections

3 1.1 through 21 of Article 29B ~~subsections (f) through (s) of~~

4 ~~Section 29B-1~~ of this Code. Property seized or forfeited under

5 this Article is subject to reporting under the Seizure and

6 Forfeiture Reporting Act.

7 (Source: P.A. 97-686, eff. 6-11-12.)

8 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

9 Sec. 36-1. Property subject to forfeiture ~~Seizure~~.

10 (a) Any vessel or watercraft, vehicle, or aircraft is

11 subject to forfeiture under this Article ~~may be seized and~~

12 ~~impounded by the law enforcement agency~~ if the vessel or

13 watercraft, vehicle, or aircraft is used with the knowledge and

14 consent of the owner in the commission of or in the attempt to

15 commit as defined in Section 8-4 of this Code:

16 (1) an offense prohibited by Section 9-1 (first degree

17 murder), Section 9-3 (involuntary manslaughter and

18 reckless homicide), Section 10-2 (aggravated kidnaping),

19 Section 11-1.20 (criminal sexual assault), Section 11-1.30

20 (aggravated criminal sexual assault), Section 11-1.40

21 (predatory criminal sexual assault of a child), subsection

22 (a) of Section 11-1.50 (criminal sexual abuse), subsection

23 (a), (c), or (d) of Section 11-1.60 (aggravated criminal

24 sexual abuse), Section 11-6 (indecent solicitation of a

25 child), Section 11-14.4 (promoting juvenile prostitution

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1 except for keeping a place of juvenile prostitution),

2 Section 11-20.1 (child pornography), paragraph (a)(1),

3 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),

4 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05

5 (aggravated battery), Section 12-7.3 (stalking), Section

6 12-7.4 (aggravated stalking), Section 16-1 (theft if the

7 theft is of precious metal or of scrap metal), subdivision

8 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section

9 18-2 (armed robbery), Section 19-1 (burglary), Section

10 19-2 (possession of burglary tools), Section 19-3

11 (residential burglary), Section 20-1 (arson; residential

12 arson; place of worship arson), Section 20-2 (possession of

13 explosives or explosive or incendiary devices),

14 subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use

15 of weapons), Section 24-1.2 (aggravated discharge of a

16 firearm), Section 24-1.2-5 (aggravated discharge of a

17 machine gun or a firearm equipped with a device designed or

18 used for silencing the report of a firearm), Section 24-1.5

19 (reckless discharge of a firearm), Section 28-1

20 (gambling), or Section 29D-15.2 (possession of a deadly

21 substance) of this Code;

22 (2) an offense prohibited by Section 21, 22, 23, 24 or

23 26 of the Cigarette Tax Act if the vessel or watercraft,

24 vehicle, or aircraft contains more than 10 cartons of such

25 cigarettes;

26 (3) an offense prohibited by Section 28, 29, or 30 of

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1 the Cigarette Use Tax Act if the vessel or watercraft,

2 vehicle, or aircraft contains more than 10 cartons of such

3 cigarettes;

4 (4) an offense prohibited by Section 44 of the

5 Environmental Protection Act;

6 (5) an offense prohibited by Section 11-204.1 of the

7 Illinois Vehicle Code (aggravated fleeing or attempting to

8 elude a peace officer);

9 (6) an offense prohibited by Section 11-501 of the

10 Illinois Vehicle Code (driving while under the influence of

11 alcohol or other drug or drugs, intoxicating compound or

12 compounds or any combination thereof) or a similar

13 provision of a local ordinance, and:

14 (A) during a period in which his or her driving

15 privileges are revoked or suspended if the revocation

16 or suspension was for:

17 (i) Section 11-501 (driving under the

18 influence of alcohol or other drug or drugs,

19 intoxicating compound or compounds or any

20 combination thereof),

21 (ii) Section 11-501.1 (statutory summary

22 suspension or revocation),

23 (iii) paragraph (b) of Section 11-401 (motor

24 vehicle accidents involving death or personal

25 injuries), or

26 (iv) reckless homicide as defined in Section

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1 9-3 of this Code;

2 (B) has been previously convicted of reckless

3 homicide or a similar provision of a law of another

4 state relating to reckless homicide in which the person

5 was determined to have been under the influence of

6 alcohol, other drug or drugs, or intoxicating compound

7 or compounds as an element of the offense or the person

8 has previously been convicted of committing a

9 violation of driving under the influence of alcohol or

10 other drug or drugs, intoxicating compound or

11 compounds or any combination thereof and was involved

12 in a motor vehicle accident that resulted in death,

13 great bodily harm, or permanent disability or

14 disfigurement to another, when the violation was a

15 proximate cause of the death or injuries;

16 (C) the person committed a violation of driving

17 under the influence of alcohol or other drug or drugs,

18 intoxicating compound or compounds or any combination

19 thereof under Section 11-501 of the Illinois Vehicle

20 Code or a similar provision for the third or subsequent

21 time;

22 (D) he or she did not possess a valid driver's

23 license or permit or a valid restricted driving permit

24 or a valid judicial driving permit or a valid

25 monitoring device driving permit; or

26 (E) he or she knew or should have known that the

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1 vehicle he or she was driving was not covered by a

2 liability insurance policy;

3 (7) an offense described in subsection (g) of Section

4 6-303 of the Illinois Vehicle Code;

5 (8) an offense described in subsection (e) of Section

6 6-101 of the Illinois Vehicle Code; or

7 (9)(A) operating a watercraft under the influence of

8 alcohol, other drug or drugs, intoxicating compound or

9 compounds, or combination thereof under Section 5-16 of the

10 Boat Registration and Safety Act during a period in which

11 his or her privileges to operate a watercraft are revoked

12 or suspended and the revocation or suspension was for

13 operating a watercraft under the influence of alcohol,

14 other drug or drugs, intoxicating compound or compounds, or

15 combination thereof; (B) operating a watercraft under the

16 influence of alcohol, other drug or drugs, intoxicating

17 compound or compounds, or combination thereof and has been

18 previously convicted of reckless homicide or a similar

19 provision of a law in another state relating to reckless

20 homicide in which the person was determined to have been

21 under the influence of alcohol, other drug or drugs,

22 intoxicating compound or compounds, or combination thereof

23 as an element of the offense or the person has previously

24 been convicted of committing a violation of operating a

25 watercraft under the influence of alcohol, other drug or

26 drugs, intoxicating compound or compounds, or combination

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1 thereof and was involved in an accident that resulted in

2 death, great bodily harm, or permanent disability or

3 disfigurement to another, when the violation was a

4 proximate cause of the death or injuries; or (C) the person

5 committed a violation of operating a watercraft under the

6 influence of alcohol, other drug or drugs, intoxicating

7 compound or compounds, or combination thereof under

8 Section 5-16 of the Boat Registration and Safety Act or a

9 similar provision for the third or subsequent time.

10 (b) In addition, any mobile or portable equipment used in

11 the commission of an act which is in violation of Section 7g of

12 the Metropolitan Water Reclamation District Act shall be

13 subject to seizure and forfeiture under the same procedures

14 provided in this Article for the seizure and forfeiture of

15 vessels or watercraft, vehicles, and aircraft, and any such

16 equipment shall be deemed a vessel or watercraft, vehicle, or

17 aircraft for purposes of this Article.

18 (c) In addition, when a person discharges a firearm at

19 another individual from a vehicle with the knowledge and

20 consent of the owner of the vehicle and with the intent to

21 cause death or great bodily harm to that individual and as a

22 result causes death or great bodily harm to that individual,

23 the vehicle shall be subject to seizure and forfeiture under

24 the same procedures provided in this Article for the seizure

25 and forfeiture of vehicles used in violations of clauses (1),

26 (2), (3), or (4) of subsection (a) of this Section.

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1 (d) (Blank). ~~If the spouse of the owner of a vehicle seized~~

2 ~~for an offense described in subsection (g) of Section 6-303 of~~

3 ~~the Illinois Vehicle Code, a violation of subdivision~~

4 ~~(d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of~~

5 ~~Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of~~

6 ~~this Code makes a showing that the seized vehicle is the only~~

7 ~~source of transportation and it is determined that the~~

8 ~~financial hardship to the family as a result of the seizure~~

9 ~~outweighs the benefit to the State from the seizure, the~~

10 ~~vehicle may be forfeited to the spouse or family member and the~~

11 ~~title to the vehicle shall be transferred to the spouse or~~

12 ~~family member who is properly licensed and who requires the use~~

13 ~~of the vehicle for employment or family transportation~~

14 ~~purposes. A written declaration of forfeiture of a vehicle~~

15 ~~under this Section shall be sufficient cause for the title to~~

16 ~~be transferred to the spouse or family member. The provisions~~

17 ~~of this paragraph shall apply only to one forfeiture per~~

18 ~~vehicle. If the vehicle is the subject of a subsequent~~

19 ~~forfeiture proceeding by virtue of a subsequent conviction of~~

20 ~~either spouse or the family member, the spouse or family member~~

21 ~~to whom the vehicle was forfeited under the first forfeiture~~

22 ~~proceeding may not utilize the provisions of this paragraph in~~

23 ~~another forfeiture proceeding. If the owner of the vehicle~~

24 ~~seized owns more than one vehicle, the procedure set out in~~

25 ~~this paragraph may be used for only one vehicle.~~

26 (e) In addition, property subject to forfeiture ~~declared~~

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1 ~~contraband~~under Section 40 of the Illinois Streetgang

2 Terrorism Omnibus Prevention Act may be seized and forfeited

3 under the proceduresunder this Article.

4 (Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;

5 99-78, eff. 7-20-15.)

6 (720 ILCS 5/36-1.1 new)

7 Sec. 36-1.1. Seizure.

8 (a) Any property subject to forfeiture under this Article

9 may be seized and impounded by the Director of State Police or

10 any peace officer upon process or seizure warrant issued by any

11 court having jurisdiction over the property.

12 (b) Any property subject to forfeiture under this Article

13 may be seized and impounded by the Director of State Police or

14 any peace officer without process if there is probable cause to

15 believe that the property is subject to forfeiture under

16 Section 36-1 of this Article, and the property is seized under

17 circumstances in which a warrantless seizure or arrest would be

18 reasonable.

19 (c) If the seized property is a conveyance, an

20 investigation shall be made by the law enforcement agency as to

21 any person whose right, title, interest, or lien is of record

22 in the office of the agency or official in which title or

23 interest to the conveyance is required by law to be recorded.

24 (d) After seizure under this Section, notice shall be given

25 to all known interest holders that forfeiture proceedings,

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1 including a preliminary review, may be instituted under this

2 Article.

3 (720 ILCS 5/36-1.2 new)

4 Sec. 36-1.2. Receipt for seized property.When a law

5 enforcement officer seizes property for forfeiture, the

6 officer shall provide an itemized receipt to the person

7 possessing the property or, in the absence of a person to whom

8 the receipt could be given, shall leave the receipt in the

9 place where the property was found, if possible.

10 (720 ILCS 5/36-1.3 new)

11 Sec. 36-1.3. Safekeeping of seized property pending

12 disposition.

13 (a) Property seized under this Article is deemed to be in

14 the custody of the seizing agency subject only to the order and

15 judgments of the circuit court having jurisdiction over the

16 forfeiture proceedings and the decisions of the State's

17 Attorney under this Article.

18 (b) When property is seized, the seizing agency shall

19 promptly conduct an inventory of the seized property and

20 estimate the property's value, and shall:

21 (1) place the property under seal;

22 (2) remove the property to a place designated by the

23 seizing agency;

24 (3) keep the property in the possession of the seizing

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1 agency;

2 (4) remove the property to a storage area for

3 safekeeping;

4 (5) place the property under constructive seizure by

5 posting notice of pending forfeiture on it, by giving

6 notice of pending forfeiture to its owners and interest

7 holders, or by filing notice of pending forfeiture in any

8 appropriate public record relating to the property; or

9 (6) provide for another agency or custodian, including

10 an owner, secured party, or lienholder, to take custody of

11 the property upon the terms and conditions set by the

12 seizing agency.

13 (c) Property seized under this Article shall be kept by the

14 custodian in a manner to protect it from theft or damage and,

15 if ordered by the court, insured against those risks.

16 (d) Property seized under this Article is subject to

17 reporting under the Seizure and Forfeiture Reporting Act.

18 (720 ILCS 5/36-1.4 new)

19 Sec. 36-1.4. Notice to State's Attorney. The law

20 enforcement agency seizing property for forfeiture under this

21 Article shall, as soon as practicable but not later than 48

22 hours after the seizure, notify the State's Attorney for the

23 county in which an act or omission giving rise to the seizure

24 occurred or in which the property was seized and the facts and

25 circumstances giving rise to the seizure occurred, and shall

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1 provide the State's Attorney with the inventory of the property

2 and its estimated value. If the property seized for forfeiture

3 is a vehicle, the law enforcement agency seizing the property

4 shall immediately notify the Secretary of State that forfeiture

5 proceedings are pending.

6 (720 ILCS 5/36-1.5)

7 Sec. 36-1.5. Preliminary review.

8 (a) Within 14 days of the seizure, the State's Attorney in

9 the county in which the seizure occurred shall seek a

10 preliminary determination from the circuit court as to whether

11 there is probable cause that the property may be subject to

12 forfeiture.

13 (b) The rules of evidence shall not apply to any proceeding

14 conducted under this Section.

15 (c) The court may conduct the review under subsection (a)

16 simultaneously with a proceeding pursuant to Section 109-1 of

17 the Code of Criminal Procedure of 1963 for a related criminal

18 offense if a prosecution is commenced by information or

19 complaint.

20 (d) The court may accept a finding of probable cause at a

21 preliminary hearing following the filing of an information or

22 complaint charging a related criminal offense or following the

23 return of indictment by a grand jury charging the related

24 offense as sufficient evidence of probable cause as required

25 under subsection (a).

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1 (e) Upon making a finding of probable cause as required

2 under this Section, the circuit court shall order the property

3 subject to the provisions of the applicable forfeiture Act held

4 until the conclusion of any forfeiture proceeding.

5 For seizures of conveyances, at any time after ~~within 7~~

6 ~~days of~~ a finding of probable cause under subsection (a), but

7 at least 60 days before the trial of the forfeiture case, the

8 registered owner or other claimant may file a motion in writing

9 supported by sworn affidavits claiming that denial of the use

10 of the conveyance during the pendency of the forfeiture

11 proceedings creates a substantial hardship. The court shall

12 consider the following factors in determining whether a

13 substantial hardship has been proven:

14 (1) the nature of the claimed hardship;

15 (2) the availability of public transportation or other

16 available means of transportation; and

17 (3) any available alternatives to alleviate the

18 hardship other than the return of the seized conveyance.

19 If the court determines that a substantial hardship has

20 been proven, the court shall then balance the nature of the

21 hardship against the State's interest in safeguarding the

22 conveyance. If the court determines that the hardship outweighs

23 the State's interest in safeguarding the conveyance, the court

24 may temporarily release the conveyance to the registered owner

25 or the registered owner's authorized designee, or both, until

26 the conclusion of the forfeiture proceedings or for such

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1 shorter period as ordered by the court provided that the person

2 to whom the conveyance is released provides proof of insurance

3 and a valid driver's license and all State and local

4 registrations for operation of the conveyance are current. The

5 court may ~~shall~~ place conditions on the conveyance limiting its

6 use to the stated hardship and restricting the conveyance's use

7 to only those individuals authorized to use the conveyance by

8 the registered owner. The court may ~~shall~~ revoke the order

9 releasing the conveyance and order that the conveyance be

10 reseized by law enforcement if the conditions of release are

11 violated or if the conveyance is used in the commission of any

12 offense identified in subsection (a) of Section 6-205 of the

13 Illinois Vehicle Code.

14 ~~If the court orders the release of the conveyance during~~

15 ~~the pendency of the forfeiture proceedings, the registered~~

16 ~~owner or his or her authorized designee shall post a cash~~

17 ~~security with the Clerk of the Court as ordered by the court.~~

18 ~~The court shall consider the following factors in determining~~

19 ~~the amount of the cash security:~~

20 ~~(A) the full market value of the conveyance;~~

21 ~~(B) the nature of the hardship;~~

22 ~~(C) the extent and length of the usage of the~~

23 ~~conveyance; and~~

24 ~~(D) such other conditions as the court deems necessary~~

25 ~~to safeguard the conveyance.~~

26 If the conveyance is released, the court shall order that

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1 the registered owner or his or her designee safeguard the

2 conveyance, not remove the conveyance from the jurisdiction,

3 not conceal, destroy, or otherwise dispose of the conveyance,

4 not encumber the conveyance, and not diminish the value of the

5 conveyance in any way. The court shall also make a

6 determination of the full market value of the conveyance prior

7 to it being released based on a source or sources defined in 50

8 Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).

9 If the conveyance subject to forfeiture is released under

10 this Section and is subsequently forfeited, the person to whom

11 the conveyance was released shall return the conveyance to the

12 law enforcement agency that seized the conveyance within 7 days

13 from the date of the declaration of forfeiture or order of

14 forfeiture. ~~If the conveyance is not returned within 7 days,~~

15 ~~the cash security shall be forfeited in the same manner as the~~

16 ~~conveyance subject to forfeiture. If the cash security was less~~

17 ~~than the full market value, a judgment shall be entered against~~

18 ~~the parties to whom the conveyance was released and the~~

19 ~~registered owner, jointly and severally, for the difference~~

20 ~~between the full market value and the amount of the cash~~

21 ~~security. If the conveyance is returned in a condition other~~

22 ~~than the condition in which it was released, the cash security~~

23 ~~shall be returned to the surety who posted the security minus~~

24 ~~the amount of the diminished value, and that amount shall be~~

25 ~~forfeited in the same manner as the conveyance subject to~~

26 ~~forfeiture. Additionally, the court may enter an order allowing~~

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1 ~~any law enforcement agency in the State of Illinois to seize~~

2 ~~the conveyance wherever it may be found in the State to satisfy~~

3 ~~the judgment if the cash security was less than the full market~~

4 ~~value of the conveyance.~~

5 (Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;

6 98-1020, eff. 8-22-14.)

7 (720 ILCS 5/36-1.6 new)

8 Sec. 36-1.6. Replevin hearing.

9 (a) At any time following the seizure of property under

10 this Article, but at least 60 days prior to trial of the

11 forfeiture case, any person who claims an ownership interest in

12 the property may claim the right to possession of the property

13 by motion to the court to issue a writ of replevin. The movant

14 shall file a motion establishing the validity of his or her

15 alleged interest in the property.

16 (b) The court shall hear the motion no more than 30 days

17 after the motion is filed.

18 (c) If the motion for replevin is heard prior to the

19 preliminary review under Section 36-1.5 of this Code, the State

20 shall file a response showing probable cause for the seizure at

21 least 10 days before the hearing.

22 (d) Either party may, by agreement or for good cause, move

23 the court for one extension of no more than 10 days. The motion

24 may be supported by affidavits or other submissions.

25 (e) The court shall issue a writ of replevin if it finds

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1 that:

2 (1) it is likely the final judgment will require the

3 State to return the property to the claimant; or

4 (2) the property is the only reasonable means for a

5 defendant to pay for legal representation in the forfeiture

6 proceeding. At the court's discretion, it may order the

7 return of property sufficient to obtain legal counsel but

8 less than the total amount seized, and require an

9 accounting.

10 (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)

11 Sec. 36-2. Complaint of ~~Action for~~ forfeiture.

12 (a) If the ~~The~~ State's Attorney in the county in which the

13 ~~such~~seizure occurs~~if he or she~~ finds that the alleged

14 violation of law giving rise to the seizure ~~forfeiture~~ was

15 incurred without willful negligence or without any intention on

16 the part of the owner of the vessel or watercraft, vehicle or

17 aircraft or any person whose right, title or interest is of

18 record as described in Section 36-1of this Article, to violate

19 the law, or finds the existence of~~such~~ mitigating

20 circumstances as to justify remission of the forfeiture,he or

21 she shall ~~may~~ cause the law enforcement agency having custody

22 of the property to return the property to the owner within a

23 reasonable time not to exceed 5 days ~~to remit the same upon~~

24 ~~such terms and conditions as the State's Attorney deems~~

25 ~~reasonable and just~~. The State's Attorney shall exercise his or

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1 her discretion under this subsection ~~the foregoing provision of~~

2 ~~this Section 36-2(a)~~ prior to or promptly after the preliminary

3 review under Section 36-1.5 of this Article.

4 (b) If, after review of the facts surrounding the seizure,

5 the State's Attorney is of the opinion that seized property is

6 subject to forfeiture and the State's Attorney does not cause

7 the forfeiture to be remittedunder subsection (a) of this

8 Section, he or she shall forthwith bring an action for

9 forfeiture in the Circuit Court within whose jurisdiction the

10 seizure and confiscation has taken placeby filing a complaint

11 of forfeiture proceeding as soon as practicable but not later

12 than 30 days after a finding of probable cause at a preliminary

13 review under Section 36-1.5 of this Article. A complaint of

14 forfeiture proceeding shall include:

15 (1) a description of the property seized;

16 (2) the date and place of seizure of the property;

17 (3) the name and address of the law enforcement agency

18 making the seizure;

19 (4) the specific statutory and factual grounds for the

20 seizure;

21 (5) whether the property was seized under an order of

22 seizure, and if the property was seized without an order of

23 seizure, an affidavit from a law enforcement officer

24 stating the factual and legal grounds for the seizure;

25 (6) in the complaint caption and in the complaint, the

26 names of persons known to the State who may claim an

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1 interest in the property and the basis for each person's

2 alleged interest; and

3 (7) a summary of procedures and procedural rights

4 applicable to the forfeiture action.

5 (b-1) The complaint shall be served upon the person from

6 whom the property was seized, upon each person whose right,

7 title, or interest is of record in the office of the Secretary

8 of State, the Secretary of Transportation, the Administrator of

9 the Federal Aviation Agency, or any other department of this

10 State, or any other state of the United States if the vessel or

11 watercraft, vehicle, or aircraft is required to be so

12 registered, as the case may be, and upon all persons known or

13 reasonably believed by the State to claim an interest in the

14 property, under Article II, Part 2, of the Code of Civil

15 Procedure. ~~The State's Attorney shall give notice of seizure~~

16 ~~and the forfeiture proceeding to each person according to the~~

17 ~~following method: upon each person whose right, title, or~~

18 ~~interest is of record in the office of the Secretary of State,~~

19 ~~the Secretary of Transportation, the Administrator of the~~

20 ~~Federal Aviation Agency, or any other department of this State,~~

21 ~~or any other state of the United States if the vessel or~~

22 ~~watercraft, vehicle, or aircraft is required to be so~~

23 ~~registered, as the case may be, by delivering the notice and~~

24 ~~complaint in open court or by certified mail to the address as~~

25 ~~given upon the records of the Secretary of State, the Division~~

26 ~~of Aeronautics of the Department of Transportation, the Capital~~

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1 ~~Development Board, or any other department of this State or the~~

2 ~~United States if the vessel or watercraft, vehicle, or aircraft~~

3 ~~is required to be so registered.~~

4 (c) (Blank). ~~The owner of the seized vessel or watercraft,~~

5 ~~vehicle, or aircraft or any person whose right, title, or~~

6 ~~interest is of record as described in Section 36-1, may within~~

7 ~~20 days after delivery in open court or the mailing of such~~

8 ~~notice file a verified answer to the Complaint and may appear~~

9 ~~at the hearing on the action for forfeiture.~~

10 (d) (Blank). ~~The State shall show at such hearing by a~~

11 ~~preponderance of the evidence, that such vessel or watercraft,~~

12 ~~vehicle, or aircraft was used in the commission of an offense~~

13 ~~described in Section 36-1.~~

14 (e) (Blank). ~~The owner of such vessel or watercraft,~~

15 ~~vehicle, or aircraft or any person whose right, title, or~~

16 ~~interest is of record as described in Section 36-1, may show by~~

17 ~~a preponderance of the evidence that he did not know, and did~~

18 ~~not have reason to know, that the vessel or watercraft,~~

19 ~~vehicle, or aircraft was to be used in the commission of such~~

20 ~~an offense or that any of the exceptions set forth in Section~~

21 ~~36-3 are applicable.~~

22 (f) (Blank). ~~Unless the State shall make such showing, the~~

23 ~~Court shall order such vessel or watercraft, vehicle, or~~

24 ~~aircraft released to the owner. Where the State has made such~~

25 ~~showing, the Court may order the vessel or watercraft, vehicle,~~

26 ~~or aircraft destroyed or may order it forfeited to any local,~~

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1 ~~municipal or county law enforcement agency, or the Department~~

2 ~~of State Police or the Department of Revenue of the State of~~

3 ~~Illinois.~~

4 (g) (Blank). ~~A copy of the order shall be filed with the~~

5 ~~law enforcement agency, and with each Federal or State office~~

6 ~~or agency with which such vessel or watercraft, vehicle, or~~

7 ~~aircraft is required to be registered. Such order, when filed,~~

8 ~~constitutes authority for the issuance of clear title to such~~

9 ~~vessel or watercraft, vehicle, or aircraft, to the department~~

10 ~~or agency to whom it is delivered or any purchaser thereof. The~~

11 ~~law enforcement agency shall comply promptly with instructions~~

12 ~~to remit received from the State's Attorney or Attorney General~~

13 ~~in accordance with Sections 36-2(a) or 36-3.~~

14 (h) (Blank). ~~The proceeds of any sale at public auction~~

15 ~~pursuant to Section 36-2 of this Act, after payment of all~~

16 ~~liens and deduction of the reasonable charges and expenses~~

17 ~~incurred by the State's Attorney's Office shall be paid to the~~

18 ~~law enforcement agency having seized the vehicle for~~

19 ~~forfeiture.~~

20 (Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;

21 99-78, eff. 7-20-15.)

22 (720 ILCS 5/36-2.1 new)

23 Sec. 36-2.1. Judicial procedures. The following judicial

24 procedures shall apply to property seized under this Article:

25 (a) A judgment of forfeiture requires as a condition

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1 precedent that a defendant be convicted in an underlying or

2 related criminal action of an offense for which forfeiture is

3 authorized under Section 36-1 of this Article. The court may

4 waive the conviction requirement if the State shows by clear

5 and convincing evidence that the defendant:

6 (1) died;

7 (2) was deported by the United States government;

8 (3) is granted immunity in exchange for testifying or

9 otherwise assisting a law enforcement investigation or

10 prosecution; or

11 (4) fled the jurisdiction after being charged with an

12 offense for which forfeiture is authorized and released on

13 bail.

14 A defendant convicted in any criminal proceeding is

15 precluded from later denying the essential allegations of the

16 criminal offense of which the defendant was convicted in any

17 proceeding under this Article, regardless of the pendency of an

18 appeal from that conviction. However, evidence of the pendency

19 of an appeal is admissible.

20 (b) The court shall stay civil forfeiture proceedings

21 during the criminal trial for a related criminal indictment,

22 complaint, or information alleging a violation of law giving

23 rise to forfeiture under Section 36-1 of this Article. A stay

24 shall not be available pending an appeal. Property subject to

25 forfeiture under Section 36-1 of this Article is not subject to

26 return or release by a court exercising jurisdiction over a

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1 criminal case involving the seizure of the property unless the

2 return or release is consented to by the State's Attorney. Upon

3 dismissal of all related criminal proceedings underlying the

4 alleged violation of this Article giving rise to forfeiture,

5 the State's Attorney shall immediately move for dismissal of

6 the forfeiture action.

7 (c) Only an owner of or interest holder in the property may

8 file an answer. For purposes of this Article, the owner or

9 interest holder shall be referred to as claimant. A person not

10 named in the forfeiture complaint who claims to have an

11 interest in the property may petition to intervene as a

12 claimant under Section 2-408 of the Code of Civil Procedure.

13 (d) The answer must be signed by the owner or interest

14 holder under penalty of perjury and must set forth:

15 (1) the caption of the proceedings as set forth on the

16 notice of pending forfeiture and the name of the claimant;

17 (2) the address at which the claimant will accept mail;

18 (3) the nature and extent of the claimant's interest in

19 the property;

20 (4) the date, identity of transferor, and

21 circumstances of the claimant's acquisition of the

22 interest in the property;

23 (5) the name and address of all other persons known to

24 have an interest in the property;

25 (6) if applicable, the specific provisions of Section

26 36-3 of this Article relied upon in asserting that the

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1 property is exempt from forfeiture;

2 (7) all essential facts supporting each assertion; and

3 (8) the precise relief sought.

4 (e) The answer must be filed with the court within 45 days

5 after service of the complaint of forfeiture.

6 (f) The trial must be held within 60 days after filing of

7 the answer unless continued for good cause.

8 (g) The State shall have the burden of proving by clear and

9 convincing evidence that the property is subject to forfeiture

10 under Section 36-1 of this Article.

11 (h) If the State does not meet its burden of proof, the

12 court shall order the interest in the property returned or

13 conveyed to the claimant.

14 (i) If the State meets its burden of proof, then the court

15 shall order the property forfeited to the State. A copy of the

16 order shall be filed with the law enforcement agency, and with

17 each federal or State office or agency with which the vessel or

18 watercraft, vehicle, or aircraft is required to be registered.

19 The order, when filed, constitutes authority for the issuance

20 of clear title to the vessel or watercraft, vehicle, or

21 aircraft, to the department or agency to whom it is delivered

22 or any purchaser. The law enforcement agency shall comply with

23 instructions to remit received from the State's Attorney or

24 Attorney General under subsection (a) of Section 36-2 or 36-4

25 of this Article within a reasonable time not to exceed 5 days.

26 (j) Property subject to forfeiture under this Article is

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1 not subject to return or release by a court exercising

2 jurisdiction over a criminal case involving the seizure of the

3 property unless the return or release is consented to by the

4 State's Attorney.

5 (k) Provisional title to all property declared forfeited

6 under this Article vests in the State on the commission of the

7 conduct giving rise to forfeiture together with the proceeds of

8 the property after that time. Except as otherwise provided in

9 this Article, any property or proceeds subsequently

10 transferred to any person remain subject to forfeiture and

11 thereafter shall be ordered forfeited. A claimant who acquired,

12 as a transferee, an ownership interest in property that is the

13 subject of forfeiture proceedings under this Article after the

14 commission of the underlying violation of law giving rise to

15 forfeiture under this Article, shall be barred from asserting

16 that his or her interest in the property is exempt from

17 forfeiture under subsection (c) of Section 36-3 of this

18 Article, unless the claimant shows by a preponderance of the

19 evidence that he or she acquired the interest as a mortgagee,

20 secured creditor, lienholder, or bona fide purchaser, without

21 knowledge of the seizure of the property and without notice of

22 any defect in title.

23 (l) A civil action under this Article must be commenced

24 within 5 years after the last conduct giving rise to forfeiture

25 became known or should have become known or 5 years after the

26 forfeitable property is discovered, whichever is later,

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1 excluding any time during which either the property or claimant

2 is out of the State or in confinement or during which criminal

3 proceedings relating to the same conduct are in progress.

4 (m) A claimant is not jointly and severally liable for

5 forfeiture awards owed by other claimants. If ownership is

6 unclear, a court may order each claimant to forfeit property on

7 a pro rata basis or by another means the court finds equitable.

8 (720 ILCS 5/36-3) (from Ch. 38, par. 36-3)

9 Sec. 36-3. Exemptions from ~~Exceptions to~~ forfeiture.

10 (a) No vessel or watercraft, vehicle, or aircraft used by

11 any person as a common carrier in the transaction of business

12 as such common carrier may be forfeited under the provisions of

13 Section 36-2 of this Article unless the State proves by clear

14 and convincing evidence ~~it appears~~that (1) in the case of a

15 railway car or engine, the owner, or (2) in the case of any

16 other such vessel or watercraft, vehicle or aircraft, the owner

17 or the master of such vessel or watercraft or the owner or

18 conductor, driver, pilot, or other person in charge of such

19 vehicle or aircraft was at the time of the alleged illegal act

20 a consenting party or privy thereto.

21 (b) No vessel or watercraft, vehicle, or aircraft shall be

22 forfeited under the provisions of Section 36-2of this Article

23 by reason of any act or omission ~~established by the owner~~

24 ~~thereof to have been~~committed or omitted by any person other

25 than such owner while such vessel or watercraft, vehicle, or

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1 aircraft was unlawfully in the possession of a person who

2 acquired possession thereof in violation of the criminal laws

3 of the United States, or of any state.

4 (c) Notwithstanding any provision of law to the contrary,

5 the property of an innocent owner shall not be forfeited under

6 this Article. Except as otherwise provided in subsection (k) of

7 Section 36-2.1 of this Article, no property interest shall be

8 subject to forfeiture under this Article unless the State

9 proves by clear and convincing evidence that the violation of

10 law giving rise to forfeiture under Section 36-1 of this

11 Article was committed with the knowledge and consent of the

12 owner.

13 (d) Homesteaded real property, a motor vehicle of less than

14 $10,000 in market value, or United States currency totaling

15 $200 or less is not subject to forfeiture under this Article.

16 (Source: P.A. 98-699, eff. 1-1-15.)

17 (720 ILCS 5/36-3.1 new)

18 Sec. 36-3.1. Proportionality hearing.

19 (a) If property has been declared forfeited under Section

20 36-2.1 of this Article, a claimant may, within 30 days of the

21 effective date of the judgment of forfeiture, petition the

22 court that the forfeiture is grossly disproportional to the

23 seriousness of the offense. The claimant shall bear the burden

24 of persuasion by a preponderance of the evidence at a hearing

25 conducted by the court without a jury. In determining whether

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1 the forfeiture is excessive, the court may consider all

2 relevant factors, including, but not limited to:

3 (1) the seriousness of the offense and its impact on

4 the community, including the duration of the activity and

5 the harm caused by the claimant;

6 (2) the extent to which the claimant participated in

7 the offense;

8 (3) the extent to which the property was used in

9 committing the offense;

10 (4) the sentence imposed for committing the crime

11 subject to forfeiture; and

12 (5) whether the offense was completed or attempted.

13 (b) In determining the value of the property subject to

14 forfeiture, the court may consider all relevant factors,

15 including, but not limited to:

16 (1) the fair market value of the property;

17 (2) the value of the property to the claimant,

18 including hardship to the claimant if the forfeiture is

19 realized; and

20 (3) the hardship from the loss of the property to the

21 claimant's family members or others if the property is

22 forfeited.

23 (c) The court may not consider the monetary value of the

24 property to the State in determining whether the forfeiture of

25 property is disproportional to the seriousness of the offense.

26 (d) If the claimant prevails in a proportionality hearing

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1 under this Section, the court may:

2 (1) order the property returned or conveyed to the

3 claimant; or

4 (2) order that the property be sold and the proceeds

5 divided between the claimant and the State in a manner as

6 the court deems just and equitable.

7 (720 ILCS 5/36-3.2 new)

8 Sec. 36-3.2. Forfeiture to spouse or family member.If the

9 spouse of the owner of a vehicle seized for an offense

10 described in subsection (g) of Section 6-303 of the Illinois

11 Vehicle Code, a violation of subparagraph (A), (D), (G), (H),

12 or (I) of paragraph (1) of subsection (d) of Section 11-501 of

13 the Illinois Vehicle Code, or Section 9-3 of this Code makes a

14 showing that the seized vehicle is the only source of

15 transportation and it is determined that the financial hardship

16 to the family as a result of the seizure outweighs the benefit

17 to the State from the seizure, the vehicle may be forfeited to

18 the spouse or family member and the title to the vehicle shall

19 be transferred to the spouse or family member who is properly

20 licensed and who requires the use of the vehicle for employment

21 or family transportation purposes. A written declaration of

22 forfeiture of a vehicle under this Section shall be sufficient

23 cause for the title to be transferred to the spouse or family

24 member. This Section applies only to one forfeiture per

25 vehicle. If the vehicle is the subject of a subsequent

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1 forfeiture proceeding by virtue of a subsequent conviction of

2 either spouse or the family member, the spouse or family member

3 to whom the vehicle was forfeited under the first forfeiture

4 proceeding may not utilize this Section in another forfeiture

5 proceeding. If the owner of the vehicle seized owns more than

6 one vehicle, the procedure set out in this Section may be used

7 for only one vehicle.

8 (720 ILCS 5/36-6 new)

9 Sec. 36-6. Return of property; damages and costs.

10 (a) The law enforcement agency that holds custody of

11 property seized for forfeiture shall return to the claimant,

12 within a reasonable period of time not to exceed 5 days after

13 the court orders the property to be returned or conveyed to the

14 claimant:

15 (1) property ordered by the court to be conveyed or

16 returned to the claimant under subsection (h) of Section

17 36-2.1 of this Article; and

18 (2) property ordered by the court to be conveyed or

19 returned to the claimant under subsection (d) of Section

20 36-3.1 of this Article.

21 (b) The law enforcement agency that holds custody of

22 property seized under this Article is responsible for any

23 damages, storage fees, and related costs applicable to property

24 returned to a claimant under this Article. The claimant shall

25 not be subject to any charges by the State for storage of the

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1 property or expenses incurred in the preservation of the

2 property.

3 (720 ILCS 5/36-7 new)

4 Sec. 36-7. Abandoned property. Abandoned property shall be

5 delivered to the Department of State Police within 30 days. For

6 purposes of this Section, "abandoned property" means personal

7 property left by an owner who intentionally relinquishes all

8 rights to its control. Real property may not be abandoned.

9 (720 ILCS 5/36-8 new)

10 Sec. 36-8. Distribution of proceeds; selling or retaining

11 seized property prohibited.

12 (a) Except as otherwise provided in this Section, the court

13 shall order that property forfeited under this Article be

14 delivered to the Department of State Police within 30 days.

15 (b) Upon motion, the court may order that a portion of the

16 currency seized or proceeds from public auction be used to pay

17 reasonable non-personnel expenses of the seizure, storage, and

18 maintenance of custody of any forfeited items.

19 (c) The Department of State Police or its designee shall

20 dispose of all forfeited and abandoned conveyances at public

21 auction. The auction proceeds shall first be used to pay all

22 outstanding recorded liens on the conveyance, then to comply

23 with an order of the court to pay reasonable non-personnel

24 expenses, with all remaining funds to be deposited into the

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1 Asset Forfeiture Proceeds Fund.

2 (d) A law enforcement agency shall not retain a forfeited

3 or abandoned conveyance for its own use or transfer the

4 conveyance to any employee of the agency, to a person related

5 to an employee by blood or marriage, or to another law

6 enforcement agency.

7 (720 ILCS 5/36-9 new)

8 Sec. 36-9. Reporting.Property seized or forfeited under

9 this Article is subject to reporting under the Seizure and

10 Forfeiture Reporting Act.

11 (720 ILCS 5/47-15)

12 Sec. 47-15. Dumping garbage upon real property.

13 (a) It is unlawful for a person to dump, deposit, or place

14 garbage, rubbish, trash, or refuse upon real property not owned

15 by that person without the consent of the owner or person in

16 possession of the real property.

17 (b) A person who violates this Section is liable to the

18 owner or person in possession of the real property on which the

19 garbage, rubbish, trash, or refuse is dumped, deposited, or

20 placed for the reasonable costs incurred by the owner or person

21 in possession for cleaning up and properly disposing of the

22 garbage, rubbish, trash, or refuse, and for reasonable

23 attorneys' fees.

24 (c) A person violating this Section is guilty of a Class B

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1 misdemeanor for which the court must impose a minimum fine of

2 $500. A second conviction for an offense committed after the

3 first conviction is a Class A misdemeanor for which the court

4 must impose a minimum fine of $500. A third or subsequent

5 violation, committed after a second conviction, is a Class 4

6 felony for which the court must impose a minimum fine of $500.

7 A person who violates this Section and who has an equity

8 interest in a motor vehicle used in violation of this Section

9 is presumed to have the financial resources to pay the minimum

10 fine not exceeding his or her equity interest in the vehicle.

11 Personal property used by a person in violation of this Section

12 shall on the third or subsequent conviction of the person be

13 forfeited to the State ~~county where the violation occurred~~ and

14 disposed of at a public sale. Before the forfeiture, the court

15 shall conduct a hearing to determine whether property is

16 subject to forfeiture under this Section. At the forfeiture

17 hearing the State has the burden of establishing by a

18 preponderance of the evidence that property is subject to

19 forfeiture under this Section. Proceeds from the sale of

20 property forfeited under this Section shall be deposited into

21 the Asset Forfeiture Proceeds Fund. Property seized or

22 forfeited under this Section is subject to reporting under the

23 Seizure and Forfeiture Reporting Act.

24 (d) The statutory minimum fine required by subsection (c)

25 is not subject to reduction or suspension unless the defendant

26 is indigent. If the defendant files a motion with the court

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1 asserting his or her inability to pay the mandatory fine

2 required by this Section, the court must set a hearing on the

3 motion before sentencing. The court must require an affidavit

4 signed by the defendant containing sufficient information to

5 ascertain the assets and liabilities of the defendant. If the

6 court determines that the defendant is indigent, the court must

7 require that the defendant choose either to pay the minimum

8 fine of $500 or to perform 100 hours of community service.

9 (Source: P.A. 90-655, eff. 7-30-98; 91-409, eff. 1-1-00.)

10 (720 ILCS 5/36-1a rep.)

11 (720 ILCS 5/36-5 rep.)

12 Section 185. The Criminal Code of 2012 is amended by

13 repealing Sections 36-1a and 36-5.

14 Section 190. The Cannabis Control Act is amended by

15 changing Section 12 as follows:

16 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)

17 Sec. 12. (a) The following are subject to forfeiture:

18 (1) (blank); ~~all substances containing cannabis which~~

19 ~~have been produced, manufactured, delivered, or possessed~~

20 ~~in violation of this Act;~~

21 (2) all raw materials, products and equipment of any

22 kind which are produced, delivered, or possessed in

23 connection with any substance containing cannabis ina

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1 felony violation of Section 5, 5.1, 8, or 9 of this Act;

2 (3) all conveyances, including aircraft, vehicles or

3 vessels, which are used, or intended for use, to transport,

4 or in any manner to facilitate the transportation, sale,

5 receipt, possession, or concealment ofany substance

6 containing cannabis or property described in paragraph ~~(1)~~

7 ~~or~~ (2) of this subsection (a)that constitutes a felony

8 violation of Section 5, 5.1, 8, or 9 of this ~~the~~ Act, but:

9 (i) no conveyance used by any person as a common

10 carrier in the transaction of business as a common

11 carrier is subject to forfeiture under this Section

12 unless it appears that the owner or other person in

13 charge of the conveyance is a consenting party or privy

14 to the ~~a~~violation~~of this Act~~;

15 (ii) no conveyance is subject to forfeiture under

16 this Section by reason of any act or omission which the

17 owner proves to have been committed or omitted without

18 his knowledge or consent;

19 (iii) a forfeiture of a conveyance encumbered by a

20 bona fide security interest is subject to the interest

21 of the secured party if he neither had knowledge of nor

22 consented to the act or omission;

23 (4) all money, things of value, books, records, and

24 research products and materials including formulas,

25 microfilm, tapes, and data which are used, or intended for

26 use in a felony violation of Section 5, 5.1, 8, or 9 of

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1 this Act;

2 (5) everything of value furnished or intended to be

3 furnished by any person in exchange for a substance ina

4 felony violation of Section 5, 5.1, 8, or 9 of this Act,

5 all proceeds traceable to such an exchange, and all moneys,

6 negotiable instruments, and securities used, or intended

7 to be used, to commit or in any manner to facilitate any

8 felony violation of Section 5, 5.1, 8, or 9 of this Act;

9 (6) all real property, including any right, title, and

10 interest including, but not limited to, any leasehold

11 interest or the beneficial interest to a land trust, in the

12 whole of any lot or tract of land and any appurtenances or

13 improvements, that is used or intended to be used to

14 facilitate the manufacture, distribution, sale, receipt,

15 or concealment of any substance containing cannabis or

16 property described in paragraph ~~(1) or~~ (2) of this

17 subsection (a) that constitutes a felony violation of

18 Section 5, 5.1, 8, or 9 of this Act which involves more

19 than 2,000 grams of a substance containing cannabis or that

20 is the proceeds of any felony violation of Section 5, 5.1,

21 8, or 9 of this Act.

22 (b) Property subject to forfeiture under this Act may be

23 seized under the Drug Asset Forfeiture Procedure Act. ~~by the~~

24 ~~Director or any peace officer upon process or seizure warrant~~

25 ~~issued by any court having jurisdiction over the property.~~

26 ~~Seizure by the Director or any peace officer without process~~

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1 ~~may be made:~~

2 ~~(1) if the property subject to seizure has been the~~

3 ~~subject of a prior judgment in favor of the State in a~~

4 ~~criminal proceeding or in an injunction or forfeiture~~

5 ~~proceeding based upon this Act or the Drug Asset Forfeiture~~

6 ~~Procedure Act;~~

7 ~~(2) if there is probable cause to believe that the~~

8 ~~property is directly or indirectly dangerous to health or~~

9 ~~safety;~~

10 ~~(3) if there is probable cause to believe that the~~

11 ~~property is subject to forfeiture under this Act and the~~

12 ~~property is seized under circumstances in which a~~

13 ~~warrantless seizure or arrest would be reasonable; or~~

14 ~~(4) in accordance with the Code of Criminal Procedure~~

15 ~~of 1963.~~

16 (Blank). ~~(c) In the event of seizure pursuant to subsection~~

17 ~~(b), notice shall be given forthwith to all known interest~~

18 ~~holders that forfeiture proceedings, including a preliminary~~

19 ~~review, shall be instituted in accordance with the Drug Asset~~

20 ~~Forfeiture Procedure Act and such proceedings shall thereafter~~

21 ~~be instituted in accordance with that Act. Upon a showing of~~

22 ~~good cause, the notice required for a preliminary review under~~

23 ~~this Section may be postponed.~~

24 (c-1) In the event the State's Attorney is of the opinion

25 that real property is subject to forfeiture under this Act,

26 forfeiture proceedings shall be instituted in accordance with

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1 the Drug Asset Forfeiture Procedure Act. The exemptions from

2 forfeiture provisions of Section 8 of the Drug Asset Forfeiture

3 Procedure Act are applicable.

4 (d) (Blank). ~~Property taken or detained under this Section~~

5 ~~shall not be subject to replevin, but is deemed to be in the~~

6 ~~custody of the Director subject only to the order and judgments~~

7 ~~of the circuit court having jurisdiction over the forfeiture~~

8 ~~proceedings and the decisions of the State's Attorney under the~~

9 ~~Drug Asset Forfeiture Procedure Act. When property is seized~~

10 ~~under this Act, the seizing agency shall promptly conduct an~~

11 ~~inventory of the seized property, estimate the property's~~

12 ~~value, and shall forward a copy of the inventory of seized~~

13 ~~property and the estimate of the property's value to the~~

14 ~~Director. Upon receiving notice of seizure, the Director may:~~

15 ~~(1) place the property under seal;~~

16 ~~(2) remove the property to a place designated by him;~~

17 ~~(3) keep the property in the possession of the seizing~~

18 ~~agency;~~

19 ~~(4) remove the property to a storage area for~~

20 ~~safekeeping or, if the property is a negotiable instrument~~

21 ~~or money and is not needed for evidentiary purposes,~~

22 ~~deposit it in an interest bearing account;~~

23 ~~(5) place the property under constructive seizure by~~

24 ~~posting notice of pending forfeiture on it, by giving~~

25 ~~notice of pending forfeiture to its owners and interest~~

26 ~~holders, or by filing notice of pending forfeiture in any~~

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1 ~~appropriate public record relating to the property; or~~

2 ~~(6) provide for another agency or custodian, including~~

3 ~~an owner, secured party, or lienholder, to take custody of~~

4 ~~the property upon the terms and conditions set by the~~

5 ~~Director.~~

6 (e) (Blank). ~~No disposition may be made of property under~~

7 ~~seal until the time for taking an appeal has elapsed or until~~

8 ~~all appeals have been concluded unless a court, upon~~

9 ~~application therefor, orders the sale of perishable substances~~

10 ~~and the deposit of the proceeds of the sale with the court.~~

11 (f) (Blank). ~~When property is forfeited under this Act the~~

12 ~~Director shall sell all such property unless such property is~~

13 ~~required by law to be destroyed or is harmful to the public,~~

14 ~~and shall distribute the proceeds of the sale, together with~~

15 ~~any moneys forfeited or seized, in accordance with subsection~~

16 ~~(g). However, upon the application of the seizing agency or~~

17 ~~prosecutor who was responsible for the investigation, arrest or~~

18 ~~arrests and prosecution which lead to the forfeiture, the~~

19 ~~Director may return any item of forfeited property to the~~

20 ~~seizing agency or prosecutor for official use in the~~

21 ~~enforcement of laws relating to cannabis or controlled~~

22 ~~substances, if the agency or prosecutor can demonstrate that~~

23 ~~the item requested would be useful to the agency or prosecutor~~

24 ~~in their enforcement efforts. When any forfeited conveyance,~~

25 ~~including an aircraft, vehicle, or vessel, is returned to the~~

26 ~~seizing agency or prosecutor, the conveyance may be used~~

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1 ~~immediately in the enforcement of the criminal laws of this~~

2 ~~State. Upon disposal, all proceeds from the sale of the~~

3 ~~conveyance must be used for drug enforcement purposes. When any~~

4 ~~real property returned to the seizing agency is sold by the~~

5 ~~agency or its unit of government, the proceeds of the sale~~

6 ~~shall be delivered to the Director and distributed in~~

7 ~~accordance with subsection (g).~~

8 (g) (Blank). ~~All monies and the sale proceeds of all other~~

9 ~~property forfeited and seized under this Act shall be~~

10 ~~distributed as follows:~~

11 ~~(1)(i) 65% shall be distributed to the metropolitan~~

12 ~~enforcement group, local, municipal, county, or state law~~

13 ~~enforcement agency or agencies which conducted or~~

14 ~~participated in the investigation resulting in the~~

15 ~~forfeiture. The distribution shall bear a reasonable~~

16 ~~relationship to the degree of direct participation of the~~

17 ~~law enforcement agency in the effort resulting in the~~

18 ~~forfeiture, taking into account the total value of the~~

19 ~~property forfeited and the total law enforcement effort~~

20 ~~with respect to the violation of the law upon which the~~

21 ~~forfeiture is based. Amounts distributed to the agency or~~

22 ~~agencies shall be used for the enforcement of laws~~

23 ~~governing cannabis and controlled substances; for public~~

24 ~~education in the community or schools in the prevention or~~

25 ~~detection of the abuse of drugs or alcohol; or for security~~

26 ~~cameras used for the prevention or detection of violence,~~

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1 ~~except that amounts distributed to the Secretary of State~~

2 ~~shall be deposited into the Secretary of State Evidence~~

3 ~~Fund to be used as provided in Section 2-115 of the~~

4 ~~Illinois Vehicle Code.~~

5 ~~(ii) Any local, municipal, or county law enforcement~~

6 ~~agency entitled to receive a monetary distribution of~~

7 ~~forfeiture proceeds may share those forfeiture proceeds~~

8 ~~pursuant to the terms of an intergovernmental agreement~~

9 ~~with a municipality that has a population in excess of~~

10 ~~20,000 if:~~

11 ~~(I) the receiving agency has entered into an~~

12 ~~intergovernmental agreement with the municipality to~~

13 ~~provide police services;~~

14 ~~(II) the intergovernmental agreement for police~~

15 ~~services provides for consideration in an amount of not~~

16 ~~less than $1,000,000 per year;~~

17 ~~(III) the seizure took place within the~~

18 ~~geographical limits of the municipality; and~~

19 ~~(IV) the funds are used only for the enforcement of~~

20 ~~laws governing cannabis and controlled substances; for~~

21 ~~public education in the community or schools in the~~

22 ~~prevention or detection of the abuse of drugs or~~

23 ~~alcohol; or for security cameras used for the~~

24 ~~prevention or detection of violence or the~~

25 ~~establishment of a municipal police force, including~~

26 ~~the training of officers, construction of a police~~

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1 ~~station, the purchase of law enforcement equipment, or~~

2 ~~vehicles.~~

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

4 ~~State's Attorney of the county in which the prosecution~~

5 ~~resulting in the forfeiture was instituted, deposited in a~~

6 ~~special fund in the county treasury and appropriated to the~~

7 ~~State's Attorney for use in the enforcement of laws~~

8 ~~governing cannabis and controlled substances; for public~~

9 ~~education in the community or schools in the prevention or~~

10 ~~detection of the abuse of drugs or alcohol; or at the~~

11 ~~discretion of the State's Attorney, in addition to other~~

12 ~~authorized purposes, to make grants to local substance~~

13 ~~abuse treatment facilities and half-way houses. In~~

14 ~~counties over 3,000,000 population, 25% will be~~

15 ~~distributed to the Office of the State's Attorney for use~~

16 ~~in the enforcement of laws governing cannabis and~~

17 ~~controlled substances; for public education in the~~

18 ~~community or schools in the prevention or detection of the~~

19 ~~abuse of drugs or alcohol; or at the discretion of the~~

20 ~~State's Attorney, in addition to other authorized~~

21 ~~purposes, to make grants to local substance abuse treatment~~

22 ~~facilities and half-way houses. If the prosecution is~~

23 ~~undertaken solely by the Attorney General, the portion~~

24 ~~provided hereunder shall be distributed to the Attorney~~

25 ~~General for use in the enforcement of laws governing~~

26 ~~cannabis and controlled substances.~~

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1 ~~(ii) 12.5% shall be distributed to the Office of the~~

2 ~~State's Attorneys Appellate Prosecutor and deposited in~~

3 ~~the Narcotics Profit Forfeiture Fund of that Office to be~~

4 ~~used for additional expenses incurred in the~~

5 ~~investigation, prosecution and appeal of cases arising~~

6 ~~under laws governing cannabis and controlled substances or~~

7 ~~for public education in the community or schools in the~~

8 ~~prevention or detection of the abuse of drugs or alcohol.~~

9 ~~The Office of the State's Attorneys Appellate Prosecutor~~

10 ~~shall not receive distribution from cases brought in~~

11 ~~counties with over 3,000,000 population.~~

12 ~~(3) 10% shall be retained by the Department of State~~

13 ~~Police for expenses related to the administration and sale~~

14 ~~of seized and forfeited property.~~

15 (h) Contraband, including cannabis possessed without

16 authorization under State or federal law, is not subject to

17 forfeiture. No property right exists in contraband. Contraband

18 is subject to seizure and shall be disposed of according to

19 State law.

20 (Source: P.A. 99-686, eff. 7-29-16.)

21 Section 195. The Illinois Controlled Substances Act is

22 amended by changing Section 505 as follows:

23 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)

24 Sec. 505. (a) The following are subject to forfeiture:

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1 (1) (blank); ~~all substances which have been~~

2 ~~manufactured, distributed, dispensed, or possessed in~~

3 ~~violation of this Act;~~

4 (2) all raw materials, products and equipment of any

5 kind which are used, or intended for use in manufacturing,

6 distributing, dispensing, administering or possessing any

7 substance in violation of this Act;

8 (3) all conveyances, including aircraft, vehicles or

9 vessels, which are used, or intended for use, to transport,

10 or in any manner to facilitate the transportation, sale,

11 receipt, possession, or concealment of substances

12 manufactured, distributed, dispensed, administered, or

13 possessed in violation of Section 401, 401.1, 405, 405.1,

14 or 405.2 of this Act, orproperty described inparagraph

15 ~~paragraphs (1) and~~ (2) of this subsection (a), but:

16 (i) no conveyance used by any person as a common

17 carrier in the transaction of business as a common

18 carrier is subject to forfeiture under this Section

19 unless it appears that the owner or other person in

20 charge of the conveyance is a consenting party or privy

21 to the ~~a~~ violation ~~of this Act~~;

22 (ii) no conveyance is subject to forfeiture under

23 this Section by reason of any act or omission which the

24 owner proves to have been committed or omitted without

25 his or her knowledge or consent;

26 (iii) a forfeiture of a conveyance encumbered by a

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1 bona fide security interest is subject to the interest

2 of the secured party if he or she neither had knowledge

3 of nor consented to the act or omission;

4 (4) all money, things of value, books, records, and

5 research products and materials including formulas,

6 microfilm, tapes, and data which are used, or intended to

7 be used in violation of Section 401, 401.1, 405, 405.1, or

8 405.2 of this Act;

9 (5) everything of value furnished, or intended to be

10 furnished, in exchange for a substance in violation of

11 Section 401, 401.1, 405, 405.1, or 405.2 of this Act, all

12 proceeds traceable to such an exchange, and all moneys,

13 negotiable instruments, and securities used, or intended

14 to be used, to commit or in any manner to facilitate any

15 violation of Section 401, 401.1, 405, 405.1, or 405.2 of

16 this Act;

17 (6) all real property, including any right, title, and

18 interest (including, but not limited to, any leasehold

19 interest or the beneficial interest in a land trust) in the

20 whole of any lot or tract of land and any appurtenances or

21 improvements, which is used or intended to be used, in any

22 manner or part, to commit, or in any manner to facilitate

23 the commission of, any violation or act that constitutes a

24 violation of Section 401 or 405 of this Act or that is the

25 proceeds of any violation or act that constitutes a

26 violation of Section 401 or 405 of this Act.

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1 (b) Property subject to forfeiture under this Act may be

2 seized under the Drug Asset Forfeiture Procedure Act. ~~by the~~

3 ~~Director or any peace officer upon process or seizure warrant~~

4 ~~issued by any court having jurisdiction over the property.~~

5 ~~Seizure by the Director or any peace officer without process~~

6 ~~may be made:~~

7 ~~(1) if the seizure is incident to inspection under an~~

8 ~~administrative inspection warrant;~~

9 ~~(2) if the property subject to seizure has been the~~

10 ~~subject of a prior judgment in favor of the State in a~~

11 ~~criminal proceeding, or in an injunction or forfeiture~~

12 ~~proceeding based upon this Act or the Drug Asset Forfeiture~~

13 ~~Procedure Act;~~

14 ~~(3) if there is probable cause to believe that the~~

15 ~~property is directly or indirectly dangerous to health or~~

16 ~~safety;~~

17 ~~(4) if there is probable cause to believe that the~~

18 ~~property is subject to forfeiture under this Act and the~~

19 ~~property is seized under circumstances in which a~~

20 ~~warrantless seizure or arrest would be reasonable; or~~

21 ~~(5) in accordance with the Code of Criminal Procedure~~

22 ~~of 1963.~~

23 (c) (Blank). ~~In the event of seizure pursuant to subsection~~

24 ~~(b), notice shall be given forthwith to all known interest~~

25 ~~holders that forfeiture proceedings, including a preliminary~~

26 ~~review, shall be instituted in accordance with the Drug Asset~~

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1 ~~Forfeiture Procedure Act and such proceedings shall thereafter~~

2 ~~be instituted in accordance with that Act. Upon a showing of~~

3 ~~good cause, the notice required for a preliminary review under~~

4 ~~this Section may be postponed.~~

5 (d) (Blank). ~~Property taken or detained under this Section~~

6 ~~shall not be subject to replevin, but is deemed to be in the~~

7 ~~custody of the Director subject only to the order and judgments~~

8 ~~of the circuit court having jurisdiction over the forfeiture~~

9 ~~proceedings and the decisions of the State's Attorney under the~~

10 ~~Drug Asset Forfeiture Procedure Act. When property is seized~~

11 ~~under this Act, the seizing agency shall promptly conduct an~~

12 ~~inventory of the seized property and estimate the property's~~

13 ~~value, and shall forward a copy of the inventory of seized~~

14 ~~property and the estimate of the property's value to the~~

15 ~~Director. Upon receiving notice of seizure, the Director may:~~

16 ~~(1) place the property under seal;~~

17 ~~(2) remove the property to a place designated by the~~

18 ~~Director;~~

19 ~~(3) keep the property in the possession of the seizing~~

20 ~~agency;~~

21 ~~(4) remove the property to a storage area for~~

22 ~~safekeeping or, if the property is a negotiable instrument~~

23 ~~or money and is not needed for evidentiary purposes,~~

24 ~~deposit it in an interest bearing account;~~

25 ~~(5) place the property under constructive seizure by~~

26 ~~posting notice of pending forfeiture on it, by giving~~

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1 ~~notice of pending forfeiture to its owners and interest~~

2 ~~holders, or by filing notice of pending forfeiture in any~~

3 ~~appropriate public record relating to the property; or~~

4 ~~(6) provide for another agency or custodian, including~~

5 ~~an owner, secured party, or lienholder, to take custody of~~

6 ~~the property upon the terms and conditions set by the~~

7 ~~Director.~~

8 (e) If the Department of Financial and Professional

9 Regulation suspends or revokes a registration, all controlled

10 substances owned or possessed by the registrant at the time of

11 suspension or the effective date of the revocation order may be

12 placed under seal by the Director. No disposition may be made

13 of substances under seal until the time for taking an appeal

14 has elapsed or until all appeals have been concluded unless a

15 court, upon application therefor, orders the sale of perishable

16 substances and the deposit of the proceeds of the sale with the

17 court. Upon a suspension or revocation order becoming final,

18 all substances may be subject to seizure or forfeiture under

19 the Drug Asset Forfeiture Procedure Act. ~~forfeited to the~~

20 ~~Illinois State Police.~~

21 (f) (Blank). ~~When property is forfeited under this Act the~~

22 ~~Director shall sell all such property unless such property is~~

23 ~~required by law to be destroyed or is harmful to the public,~~

24 ~~and shall distribute the proceeds of the sale, together with~~

25 ~~any moneys forfeited or seized, in accordance with subsection~~

26 ~~(g). However, upon the application of the seizing agency or~~

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1 ~~prosecutor who was responsible for the investigation, arrest or~~

2 ~~arrests and prosecution which lead to the forfeiture, the~~

3 ~~Director may return any item of forfeited property to the~~

4 ~~seizing agency or prosecutor for official use in the~~

5 ~~enforcement of laws relating to cannabis or controlled~~

6 ~~substances, if the agency or prosecutor can demonstrate that~~

7 ~~the item requested would be useful to the agency or prosecutor~~

8 ~~in their enforcement efforts. When any forfeited conveyance,~~

9 ~~including an aircraft, vehicle, or vessel, is returned to the~~

10 ~~seizing agency or prosecutor, the conveyance may be used~~

11 ~~immediately in the enforcement of the criminal laws of this~~

12 ~~State. Upon disposal, all proceeds from the sale of the~~

13 ~~conveyance must be used for drug enforcement purposes. When any~~

14 ~~real property returned to the seizing agency is sold by the~~

15 ~~agency or its unit of government, the proceeds of the sale~~

16 ~~shall be delivered to the Director and distributed in~~

17 ~~accordance with subsection (g).~~

18 (g) (Blank). ~~All monies and the sale proceeds of all other~~

19 ~~property forfeited and seized under this Act shall be~~

20 ~~distributed as follows:~~

21 ~~(1)(i) 65% shall be distributed to the metropolitan~~

22 ~~enforcement group, local, municipal, county, or state law~~

23 ~~enforcement agency or agencies which conducted or~~

24 ~~participated in the investigation resulting in the~~

25 ~~forfeiture. The distribution shall bear a reasonable~~

26 ~~relationship to the degree of direct participation of the~~

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1 ~~law enforcement agency in the effort resulting in the~~

2 ~~forfeiture, taking into account the total value of the~~

3 ~~property forfeited and the total law enforcement effort~~

4 ~~with respect to the violation of the law upon which the~~

5 ~~forfeiture is based. Amounts distributed to the agency or~~

6 ~~agencies shall be used for the enforcement of laws~~

7 ~~governing cannabis and controlled substances; for public~~

8 ~~education in the community or schools in the prevention or~~

9 ~~detection of the abuse of drugs or alcohol; or for security~~

10 ~~cameras used for the prevention or detection of violence,~~

11 ~~except that amounts distributed to the Secretary of State~~

12 ~~shall be deposited into the Secretary of State Evidence~~

13 ~~Fund to be used as provided in Section 2-115 of the~~

14 ~~Illinois Vehicle Code.~~

15 ~~(ii) Any local, municipal, or county law enforcement~~

16 ~~agency entitled to receive a monetary distribution of~~

17 ~~forfeiture proceeds may share those forfeiture proceeds~~

18 ~~pursuant to the terms of an intergovernmental agreement~~

19 ~~with a municipality that has a population in excess of~~

20 ~~20,000 if:~~

21 ~~(I) the receiving agency has entered into an~~

22 ~~intergovernmental agreement with the municipality to~~

23 ~~provide police services;~~

24 ~~(II) the intergovernmental agreement for police~~

25 ~~services provides for consideration in an amount of not~~

26 ~~less than $1,000,000 per year;~~

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1 ~~(III) the seizure took place within the~~

2 ~~geographical limits of the municipality; and~~

3 ~~(IV) the funds are used only for the enforcement of~~

4 ~~laws governing cannabis and controlled substances; for~~

5 ~~public education in the community or schools in the~~

6 ~~prevention or detection of the abuse of drugs or~~

7 ~~alcohol; or for security cameras used for the~~

8 ~~prevention or detection of violence or the~~

9 ~~establishment of a municipal police force, including~~

10 ~~the training of officers, construction of a police~~

11 ~~station, the purchase of law enforcement equipment, or~~

12 ~~vehicles.~~

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

14 ~~State's Attorney of the county in which the prosecution~~

15 ~~resulting in the forfeiture was instituted, deposited in a~~

16 ~~special fund in the county treasury and appropriated to the~~

17 ~~State's Attorney for use in the enforcement of laws~~

18 ~~governing cannabis and controlled substances; for public~~

19 ~~education in the community or schools in the prevention or~~

20 ~~detection of the abuse of drugs or alcohol; or at the~~

21 ~~discretion of the State's Attorney, in addition to other~~

22 ~~authorized purposes, to make grants to local substance~~

23 ~~abuse treatment facilities and half-way houses. In~~

24 ~~counties over 3,000,000 population, 25% will be~~

25 ~~distributed to the Office of the State's Attorney for use~~

26 ~~in the enforcement of laws governing cannabis and~~

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1 ~~controlled substances; for public education in the~~

2 ~~community or schools in the prevention or detection of the~~

3 ~~abuse of drugs or alcohol; or at the discretion of the~~

4 ~~State's Attorney, in addition to other authorized~~

5 ~~purposes, to make grants to local substance abuse treatment~~

6 ~~facilities and half-way houses. If the prosecution is~~

7 ~~undertaken solely by the Attorney General, the portion~~

8 ~~provided hereunder shall be distributed to the Attorney~~

9 ~~General for use in the enforcement of laws governing~~

10 ~~cannabis and controlled substances or for public education~~

11 ~~in the community or schools in the prevention or detection~~

12 ~~of the abuse of drugs or alcohol.~~

13 ~~(ii) 12.5% shall be distributed to the Office of the~~

14 ~~State's Attorneys Appellate Prosecutor and deposited in~~

15 ~~the Narcotics Profit Forfeiture Fund of that office to be~~

16 ~~used for additional expenses incurred in the~~

17 ~~investigation, prosecution and appeal of cases arising~~

18 ~~under laws governing cannabis and controlled substances or~~

19 ~~for public education in the community or schools in the~~

20 ~~prevention or detection of the abuse of drugs or alcohol.~~

21 ~~The Office of the State's Attorneys Appellate Prosecutor~~

22 ~~shall not receive distribution from cases brought in~~

23 ~~counties with over 3,000,000 population.~~

24 ~~(3) 10% shall be retained by the Department of State~~

25 ~~Police for expenses related to the administration and sale~~

26 ~~of seized and forfeited property.~~

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1 (h) (Blank). ~~Species of plants from which controlled~~

2 ~~substances in Schedules I and II may be derived which have been~~

3 ~~planted or cultivated in violation of this Act, or of which the~~

4 ~~owners or cultivators are unknown, or which are wild growths,~~

5 ~~may be seized and summarily forfeited to the State. The~~

6 ~~failure, upon demand by the Director or any peace officer, of~~

7 ~~the person in occupancy or in control of land or premises upon~~

8 ~~which the species of plants are growing or being stored, to~~

9 ~~produce registration, or proof that he or she is the holder~~

10 ~~thereof, constitutes authority for the seizure and forfeiture~~

11 ~~of the plants.~~

12 (i) Contraband, including controlled substances possessed

13 without authorization under State or federal law, is not

14 subject to forfeiture. No property right exists in contraband.

15 Contraband is subject to seizure and shall be disposed of

16 according to State law.

17 (Source: P.A. 99-686, eff. 7-29-16.)

18 Section 200. The Methamphetamine Control and Community

19 Protection Act is amended by changing Section 85 as follows:

20 (720 ILCS 646/85)

21 Sec. 85. Forfeiture.

22 (a) The following are subject to forfeiture:

23 (1) (blank); ~~all substances containing methamphetamine~~

24 ~~which have been produced, manufactured, delivered, or~~

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1 ~~possessed in violation of this Act;~~

2 (2) all methamphetamine manufacturing materials which

3 have been produced, delivered, or possessed in connection

4 with any substance containing methamphetamine in violation

5 of Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of

6 this Act;

7 (3) all conveyances, including aircraft, vehicles or

8 vessels, which are used, or intended for use, to transport,

9 or in any manner to facilitate the transportation, sale,

10 receipt, possession, or concealment of any substance

11 containing methamphetamine or property described in

12 paragraph ~~(1) or~~ (2) of this subsection (a) that

13 constitutes a felony violation of Section 15, 20, 25, 30,

14 35, 40, 45, 50, 55, 56, or 65 of this ~~the~~Act, but:

15 (i) no conveyance used by any person as a common

16 carrier in the transaction of business as a common

17 carrier is subject to forfeiture under this Section

18 unless it appears that the owner or other person in

19 charge of the conveyance is a consenting party or privy

20 to the ~~a~~ violation ~~of this Act~~;

21 (ii) no conveyance is subject to forfeiture under

22 this Section by reason of any act or omission which the

23 owner proves to have been committed or omitted without

24 his or her knowledge or consent;

25 (iii) a forfeiture of a conveyance encumbered by a

26 bona fide security interest is subject to the interest

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1 of the secured party if he or she neither had knowledge

2 of nor consented to the act or omission;

3 (4) all money, things of value, books, records, and

4 research products and materials including formulas,

5 microfilm, tapes, and data which are used, or intended for

6 use in a felony violation of Section 15, 20, 25, 30, 35,

7 40, 45, 50, 55, 56, or 65 ofthis Act;

8 (5) everything of value furnished or intended to be

9 furnished by any person in exchange for a substance in

10 violation of Section 15, 20, 25, 30, 35, 40, 45, 50, 55,

11 56, or 65 of this Act, all proceeds traceable to such an

12 exchange, and all moneys, negotiable instruments, and

13 securities used, or intended to be used, to commit or in

14 any manner to facilitate any felony violation of Section

15 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 ofthis Act.

16 (6) all real property, including any right, title, and

17 interest (including, but not limited to, any leasehold

18 interest or the beneficial interest in a land trust) in the

19 whole of any lot or tract of land and any appurtenances or

20 improvements, which is used, or intended to be used, in any

21 manner or part, to commit, or in any manner to facilitate

22 the commission of, any violation or act that constitutes a

23 violation of Section 15, 20, 25, 30, 35, 40, 45, 50, 55,

24 56, or 65 of this Act or that is the proceeds of any

25 violation or act that constitutes a violation of Section

26 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 ofthis Act.

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1 (b) Property subject to forfeiture under this Act may be

2 seized under the Drug Asset Forfeiture Procedure Act. ~~by the~~

3 ~~Director or any peace officer upon process or seizure warrant~~

4 ~~issued by any court having jurisdiction over the property.~~

5 ~~Seizure by the Director or any peace officer without process~~

6 ~~may be made:~~

7 ~~(1) if the property subject to seizure has been the~~

8 ~~subject of a prior judgment in favor of the State in a~~

9 ~~criminal proceeding or in an injunction or forfeiture~~

10 ~~proceeding based upon this Act or the Drug Asset Forfeiture~~

11 ~~Procedure Act;~~

12 ~~(2) if there is probable cause to believe that the~~

13 ~~property is directly or indirectly dangerous to health or~~

14 ~~safety;~~

15 ~~(3) if there is probable cause to believe that the~~

16 ~~property is subject to forfeiture under this Act and the~~

17 ~~property is seized under circumstances in which a~~

18 ~~warrantless seizure or arrest would be reasonable; or~~

19 ~~(4) in accordance with the Code of Criminal Procedure~~

20 ~~of 1963.~~

21 (c) (Blank). ~~In the event of seizure pursuant to subsection~~

22 ~~(b), notice shall be given forthwith to all known interest~~

23 ~~holders that forfeiture proceedings, including a preliminary~~

24 ~~review, shall be instituted in accordance with the Drug Asset~~

25 ~~Forfeiture Procedure Act and such proceedings shall thereafter~~

26 ~~be instituted in accordance with that Act. Upon a showing of~~

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1 ~~good cause, the notice required for a preliminary review under~~

2 ~~this Section may be postponed.~~

3 (d) (Blank). ~~Property taken or detained under this Section~~

4 ~~is not subject to replevin, but is deemed to be in the custody~~

5 ~~of the Director subject only to the order and judgments of the~~

6 ~~circuit court having jurisdiction over the forfeiture~~

7 ~~proceedings and the decisions of the State's Attorney under the~~

8 ~~Drug Asset Forfeiture Procedure Act. When property is seized~~

9 ~~under this Act, the seizing agency shall promptly conduct an~~

10 ~~inventory of the seized property, estimate the property's~~

11 ~~value, and forward a copy of the inventory of seized property~~

12 ~~and the estimate of the property's value to the Director. Upon~~

13 ~~receiving notice of seizure, the Director may:~~

14 ~~(1) place the property under seal;~~

15 ~~(2) remove the property to a place designated by him or~~

16 ~~her;~~

17 ~~(3) keep the property in the possession of the seizing~~

18 ~~agency;~~

19 ~~(4) remove the property to a storage area for~~

20 ~~safekeeping or, if the property is a negotiable instrument~~

21 ~~or money and is not needed for evidentiary purposes,~~

22 ~~deposit it in an interest bearing account;~~

23 ~~(5) place the property under constructive seizure by~~

24 ~~posting notice of pending forfeiture on it, by giving~~

25 ~~notice of pending forfeiture to its owners and interest~~

26 ~~holders, or by filing notice of pending forfeiture in any~~

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1 ~~appropriate public record relating to the property; or~~

2 ~~(6) provide for another agency or custodian, including~~

3 ~~an owner, secured party, or lienholder, to take custody of~~

4 ~~the property upon the terms and conditions set by the~~

5 ~~Director.~~

6 (e) (Blank). ~~No disposition may be made of property under~~

7 ~~seal until the time for taking an appeal has elapsed or until~~

8 ~~all appeals have been concluded unless a court, upon~~

9 ~~application therefor, orders the sale of perishable substances~~

10 ~~and the deposit of the proceeds of the sale with the court.~~

11 (f) (Blank). ~~When property is forfeited under this Act, the~~

12 ~~Director shall sell the property unless the property is~~