SB0564 Engrossed LRB100 04874 RLC 14884 b
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 5. The Seizure and Forfeiture Reporting Act is
5		amended by changing Sections 10 and 15 and by adding Section 20
6		as follows:
7		(5 ILCS 810/10)
8		(This Section may contain text from a Public Act with a
9		delayed effective date)
10		Sec. 10. Reporting by law enforcement agency.
11		(a) Each law enforcement agency that seizes property
12		subject to reporting under this Act shall report the following
13		information about property seized or forfeited under State law:
14		(1) the name of the law enforcement agency that seized
15		the property;
16		(2) the date of the seizure;
17		(3) the type of property seized, including a building,
18		vehicle, boat, cash, negotiable security, or firearm,
19		except reporting is not required for seizures of contraband
20		including alcohol, gambling devices, drug paraphernalia,
21		and controlled substances;
22		(4) a description of the property seized and the
23		estimated value of the property and if the property is a

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1		conveyance, the description shall include the make, model,
2		year, and vehicle identification number or serial number;
3		and
4		(5) the location where the seizure occurred.
5		The filing requirement shall be met upon filing Illinois
6		State Police Notice/Inventory of Seized Property (Form 4-64)
7		the form 4-64 with the State's Attorney's Office in the county
8		where the forfeiture action is being commenced or with the
9		Attorney General's Office if the forfeiture action is being
10		commenced by that office, and the forwarding of Form the form
11		4-64 upon approval of the State's Attorney's Office or the
12		Attorney General's Office to the Department of State Police
13		Asset Forfeiture Section. With regard to seizures for which
14		Form form 4-64 is not required to be filed, the filing
15		requirement shall be met by the filing of an annual summary
16		report with the Department of State Police no later than 60
17		days after December 31 of that year.
18		(b) Each law enforcement agency, including a drug task
19		force or Metropolitan Enforcement Group (MEG) unit, that
20		receives proceeds from forfeitures subject to reporting under
21		this Act shall file an annual report with the Department of
22		State Police no later than 60 days after December 31 of that
23		year. The format of the report shall be developed by the
24		Department of State Police and shall be completed by the law
25		enforcement agency. The report shall include, at a minimum, the
26		amount of funds and other property distributed to the law

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1		enforcement agency by the Department of State Police, the
2		amount of funds expended by the law enforcement agency, and the
3		category of expenditure, including:
4		(1) crime, gang, or abuse prevention or intervention
5		programs;
6		(2) compensation or services for crime victims;
7		(3) witness protection, informant fees, and controlled
8		purchases of contraband;
9		(4) salaries, overtime, and benefits, as permitted by
10		law;
11		(5) operating expenses, including but not limited to,
12		capital expenditures for vehicles, firearms, equipment,
13		computers, furniture, office supplies, postage, printing,
14		membership fees paid to trade associations, and fees for
15		professional services including auditing, court reporting,
16		expert witnesses, and attorneys;
17		(6) travel, meals, entertainment, conferences,
18		training, and continuing education seminars; and
19		(7) other expenditures of forfeiture proceeds.
20		(c) The Department of State Police shall establish and
21		maintain on its official website a public database that
22		includes annual aggregate data for each law enforcement agency
23		that reports seizures of property under subsection (a) of this
24		Section, that receives distributions of forfeiture proceeds
25		subject to reporting under this Act, or reports expenditures
26		under subsection (b) of this Section. This aggregate data shall

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1		include, for each law enforcement agency:
2		(1) the total number of asset seizures reported by each
3		law enforcement agency during the calendar year;
4		(2) the monetary value of all currency or its
5		equivalent seized by the law enforcement agency during the
6		calendar year;
7		(3) the number of conveyances seized by the law
8		enforcement agency during the calendar year, and the
9		aggregate estimated value;
10		(4) the aggregate estimated value of all other property
11		seized by the law enforcement agency during the calendar
12		year;
13		(5) the monetary value of distributions by the
14		Department of State Police of forfeited currency or auction
15		proceeds from forfeited property to the law enforcement
16		agency during the calendar year; and
17		(6) the total amount of the law enforcement agency's
18		expenditures of forfeiture proceeds during the calendar
19		year, categorized as provided under subsection (b) of this
20		Section.
21		The database shall not provide names, addresses, phone
22		numbers, or other personally identifying information of owners
23		or interest holders, persons, business entities, covert office
24		locations, or business entities involved in the forfeiture
25		action and shall not disclose the vehicle identification number
26		or serial number of any conveyance.

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1		(d) The Department of State Police shall adopt rules to
2		administer the asset forfeiture program, including the
3		categories of authorized expenditures consistent with the
4		statutory guidelines for each of the included forfeiture
5		statutes, the use of forfeited funds, other expenditure
6		requirements, and the reporting of seizure and forfeiture
7		information. The Department may adopt rules necessary to
8		implement this Act through the use of emergency rulemaking
9		under Section 5-45 of the Illinois Administrative Procedure Act
10		for a period not to exceed 180 days after the effective date of
11		this Act.
12		(e) The Department of State Police shall have authority and
13		oversight over all law enforcement agencies receiving
14		forfeited funds from the Department. This authority shall
15		include enforcement of rules and regulations adopted by the
16		Department and sanctions for violations of any rules and
17		regulations, including the withholding of distributions of
18		forfeiture proceeds from the law enforcement agency in
19		violation.
20		(f) Upon application by a law enforcement agency to the
21		Department of State Police, the reporting of a particular asset
22		forfeited under this Section may be delayed if the asset in
23		question was seized from a person who has become a confidential
24		informant under the agency's confidential informant policy, or
25		if the asset was seized as part of an ongoing investigation.
26		This delayed reporting shall be granted by the Department of

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1		State Police for a maximum period of 6 months if the
2		confidential informant is still providing cooperation to law
3		enforcement or the investigation is still ongoing, after which
4		and at that time the asset shall be reported as required under
5		this Act.
6		(g) The Department of State Police shall, on or before
7		January 1, 2019, establish and implement the requirements of
8		this Act. In order to implement the reporting and public
9		database requirements under this Act, the Department of State
10		Police Asset Forfeiture Section requires a one-time upgrade of
11		its information technology software and hardware. This
12		one-time upgrade shall be funded by a temporary allocation of
13		5% of all forfeited currency and 5% of the auction proceeds
14		from each forfeited asset, which are to be distributed after
15		the effective date of this Act. The Department of State Police
16		shall transfer these funds at the time of distribution to a
17		separate fund established by the Department of State Police.
18		Moneys Monies deposited in this fund shall be accounted for and
19		shall be used only to pay for the actual one-time cost of
20		purchasing and installing the hardware and software required to
21		comply with this new reporting and public database requirement.
22		Moneys Monies deposited in the fund shall not be subject to
23		reappropriation re-appropriation, reallocation, or
24		redistribution for any other purpose. After sufficient funds
25		are transferred to the fund to cover the actual one-time cost
26		of purchasing and installing the hardware and software required

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1		to comply with this new reporting and public database
2		requirement, no additional funds shall be transferred to the
3		fund for any purpose. At the completion of the one-time upgrade
4		of the information technology hardware and software to comply
5		with this new reporting and public database requirement, any
6		remaining funds in the fund shall be returned to the
7		participating agencies under the distribution requirements of
8		the statutes from which the funds were transferred, and the
9		fund shall no longer exist.
10		(h)(1) The Department of State Police, in consultation with
11		and subject to the approval of the Chief Procurement Officer,
12		may procure a single contract or multiple contracts to
13		implement the provisions of this Act.
14		(2) A contract or contracts under this subsection (h) are
15		not subject to the Illinois Procurement Code, except for
16		Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
17		Code, provided that the Chief Procurement Officer may, in
18		writing with justification, waive any certification required
19		under Article 50 of the Illinois Procurement Code. The
20		provisions of this paragraph (2), other than this sentence, are
21		inoperative on and after July 1, 2019.
22		(Source: P.A. 100-512, eff. 7-1-18.)
23		(5 ILCS 810/15)
24		(This Section may contain text from a Public Act with a
25		delayed effective date)

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1		Sec. 15. Fund audits.
2		(a) The Auditor General shall conduct, as a part of its
3		2-year 2 year compliance audit, an audit of the State Asset
4		Forfeiture Fund for compliance with the requirements of this
5		Act. The audit shall include, but not be limited to, the
6		following determinations:
7		(1) if detailed records of all receipts and
8		disbursements from the State Asset Forfeiture Fund are
9		being maintained;
10		(2) if administrative costs charged to the fund are
11		adequately documented and are reasonable; and
12		(3) if the procedures for making disbursements under
13		the Act are adequate.
14		(b) The Department of State Police, and any other entity or
15		person that may have information relevant to the audit, shall
16		cooperate fully and promptly with the Office of the Auditor
17		General in conducting the audit. The Auditor General shall
18		begin the audit during the next regular 2-year two year
19		compliance audit of the Department of State Police and
20		distribute the report upon completion under Section 3-14 of the
21		Illinois State Auditing Act.
22		(Source: P.A. 100-512, eff. 7-1-18.)
23		(5 ILCS 810/20 new)
24		Sec. 20. Applicability. This Act and the changes made to
25		this Act by this amendatory Act of the 100th General Assembly

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1		only apply to property seized on and after July 1, 2018.
2		Section 10. The Department of State Police Law of the Civil
3		Administrative Code of Illinois is amended by changing Section
4		2605-585 as follows:
5		(20 ILCS 2605/2605-585)
6		Sec. 2605-585. Money Laundering Asset Recovery Fund.
7		Moneys and the sale proceeds distributed to the Department of
8		State Police under paragraph (3) of Section 29B-26 pursuant to
9		clause (h)(6)(C) of Section 29B-1 of the Criminal Code of 1961
10		or the Criminal Code of 2012 shall be deposited in a special
11		fund in the State treasury to be known as the Money Laundering
12		Asset Recovery Fund. The moneys deposited in the Money
13		Laundering Asset Recovery Fund shall be appropriated to and
14		administered by the Department of State Police for State law
15		enforcement purposes.
16		(Source: P.A. 96-1234, eff. 7-23-10; 97-1150, eff. 1-25-13.)
17		Section 15. The Illinois Food, Drug and Cosmetic Act is
18		amended by changing Section 3.23 as follows:
19		(410 ILCS 620/3.23)
20		(Text of Section before amendment by P.A. 100-512)
21		Sec. 3.23. Legend drug prohibition.
22		(a) In this Section:

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1		"Legend drug" means a drug limited by the Federal Food,
2		Drug and Cosmetic Act to being dispensed by or upon a medical
3		practitioner's prescription because the drug is:
4		(1) habit forming;
5		(2) toxic or having potential for harm; or
6		(3) limited in use by the new drug application for the
7		drug to use only under a medical practitioner's
8		supervision.
9		"Medical practitioner" means any person licensed to
10		practice medicine in all its branches in the State.
11		"Deliver" or "delivery" means the actual, constructive, or
12		attempted transfer of possession of a legend drug, with or
13		without consideration, whether or not there is an agency
14		relationship.
15		"Manufacture" means the production, preparation,
16		propagation, compounding, conversion, or processing of a
17		legend drug, either directly or indirectly, by extraction from
18		substances of natural origin, or independently by means of
19		chemical synthesis, or by a combination of extraction and
20		chemical synthesis, and includes any packaging or repackaging
21		of the substance or labeling of its container. "Manufacture"
22		does not include:
23		(1) by an ultimate user, the preparation or compounding
24		of a legend drug for his own use; or
25		(2) by a medical practitioner, or his authorized agent
26		under his supervision, the preparation, compounding,

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1		packaging, or labeling of a legend drug:
2		(A) as an incident to his administering or
3		dispensing of a legend drug in the course of his
4		professional practice; or
5		(B) as an incident to lawful research, teaching, or
6		chemical analysis and not for sale.
7		"Prescription" has the same meaning ascribed to it in
8		Section 3 of the Pharmacy Practice Act.
9		(b) It is unlawful for any person to knowingly manufacture
10		or deliver or possess with the intent to manufacture or deliver
11		a legend drug of 6 or more pills, tablets, capsules, or caplets
12		or 30 ml or more of a legend drug in liquid form who is not
13		licensed by applicable law to prescribe or dispense legend
14		drugs or is not an employee of the licensee operating in the
15		normal course of business under the supervision of the
16		licensee. Any person who violates this Section is guilty of a
17		Class 3 felony, the fine for which shall not exceed $100,000. A
18		person convicted of a second or subsequent violation of this
19		Section is guilty of a Class 1 felony, the fine for which shall
20		not exceed $250,000.
21		(c) The following are subject to forfeiture:
22		(1) all substances that have been manufactured,
23		distributed, dispensed, or possessed in violation of this
24		Act;
25		(2) all raw materials, products, and equipment of any
26		kind which are used, or intended for use in manufacturing,

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1		distributing, dispensing, administering, or possessing any
2		substance in violation of this 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 property described
7		in items (1) and (2) of this subsection (c), but:
8		(A) no conveyance used by any person as a common
9		carrier in the transaction of business as a common
10		carrier is subject to forfeiture under this Section
11		unless it appears that the owner or other person in
12		charge of the conveyance is a consenting party or privy
13		to a violation of this Act;
14		(B) no conveyance is subject to forfeiture under
15		this Section by reason of any act or omission which the
16		owner proves to have been committed or omitted without
17		his knowledge or consent; and
18		(C) a forfeiture of a conveyance encumbered by a
19		bona fide security interest is subject to the interest
20		of the secured party if he neither had knowledge of nor
21		consented to the act or omission;
22		(4) all money, things of value, books, records, and
23		research products and materials including formulas,
24		microfilm, tapes, and data that are used, or intended to be
25		used in violation of this Act;
26		(5) everything of value furnished, or intended to be

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1		furnished, in exchange for a substance in violation of this
2		Act, all proceeds traceable to such an exchange, and all
3		moneys, negotiable instruments, and securities used, or
4		intended to be used, to commit or in any manner to
5		facilitate any violation of this Act; and
6		(6) all real property, including any right, title, and
7		interest, including, but not limited to, any leasehold
8		interest or the beneficial interest in a land trust, in the
9		whole of any lot or tract of land and any appurtenances or
10		improvements, which is used or intended to be used, in any
11		manner or part, to commit, or in any manner to facilitate
12		the commission of, any violation or act that constitutes a
13		violation of Section 33.1 of this Act or that is the
14		proceeds of any violation or act that constitutes a
15		violation of Section 33.1 of this Act.
16		(d) Property subject to forfeiture under this Act may be
17		seized by the Director of the Department of State Police or any
18		peace officer upon process or seizure warrant issued by any
19		court having jurisdiction over the property. Seizure by the
20		Director of the Department of State Police or any peace officer
21		without process may be made:
22		(1) if the seizure is incident to inspection under an
23		administrative inspection warrant;
24		(2) if the property subject to seizure has been the
25		subject of a prior judgment in favor of the State in a
26		criminal proceeding, or in an injunction or forfeiture

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1		proceeding based upon this Act or the Drug Asset Forfeiture
2		Procedure Act;
3		(3) if there is probable cause to believe that the
4		property is directly or indirectly dangerous to health or
5		safety;
6		(4) if there is probable cause to believe that the
7		property is subject to forfeiture under this Act and the
8		property is seized under circumstances in which a
9		warrantless seizure or arrest would be reasonable; or
10		(5) in accordance with the Code of Criminal Procedure
11		of 1963.
12		(e) In the event of seizure pursuant to subsection (c) of
13		this Section, forfeiture proceedings shall be instituted in
14		accordance with the Drug Asset Forfeiture Procedure Act.
15		(f) Property taken or detained under this Section shall not
16		be subject to replevin, but is deemed to be in the custody of
17		the Director of the Department of State Police subject only to
18		the order and judgments of the circuit court having
19		jurisdiction over the forfeiture proceedings and the decisions
20		of the State's Attorney under the Drug Asset Forfeiture
21		Procedure Act. If property is seized under this Act, then the
22		seizing agency shall promptly conduct an inventory of the
23		seized property and estimate the property's value, and shall
24		forward a copy of the inventory of seized property and the
25		estimate of the property's value to the Director of the
26		Department of State Police. Upon receiving notice of seizure,

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1		the Secretary may:
2		(1) place the property under seal;
3		(2) remove the property to a place designated by the
4		Secretary;
5		(3) keep the property in the possession of the seizing
6		agency;
7		(4) remove the property to a storage area for
8		safekeeping or, if the property is a negotiable instrument
9		or money and is not needed for evidentiary purposes,
10		deposit it in an interest bearing account;
11		(5) place the property under constructive seizure by
12		posting notice of pending forfeiture on it, by giving
13		notice of pending forfeiture to its owners and interest
14		holders, or by filing notice of pending forfeiture in any
15		appropriate public record relating to the property; or
16		(6) provide for another agency or custodian, including
17		an owner, secured party, or lienholder, to take custody of
18		the property upon the terms and conditions set by the
19		Director of the Department of State Police.
20		(g) If the Department suspends or revokes a registration,
21		all legend drugs owned or possessed by the registrant at the
22		time of suspension or the effective date of the revocation
23		order may be placed under seal. No disposition may be made of
24		substances under seal until the time for taking an appeal has
25		elapsed or until all appeals have been concluded unless a
26		court, upon application therefor, orders the sale of perishable

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1		substances and the deposit of the proceeds of the sale with the
2		court. Upon a revocation rule becoming final, all substances
3		may be forfeited to the Department.
4		(h) If property is forfeited under this Act, then the
5		Director of the Department of State Police must sell all such
6		property unless such property is required by law to be
7		destroyed or is harmful to the public, and shall distribute the
8		proceeds of the sale, together with any moneys forfeited or
9		seized, in accordance with subsection (i) of this Section. Upon
10		the application of the seizing agency or prosecutor who was
11		responsible for the investigation, arrest or arrests, and
12		prosecution that led to the forfeiture, the Director of the
13		Department of State Police may return any item of forfeited
14		property to the seizing agency or prosecutor for official use
15		in the enforcement of laws if the agency or prosecutor can
16		demonstrate that the item requested would be useful to the
17		agency or prosecutor in their enforcement efforts. If any
18		forfeited conveyance, including an aircraft, vehicle, or
19		vessel, is returned to the seizing agency or prosecutor, then
20		the conveyance may be used immediately in the enforcement of
21		the criminal laws of the State. Upon disposal, all proceeds
22		from the sale of the conveyance must be used for drug
23		enforcement purposes. If any real property returned to the
24		seizing agency is sold by the agency or its unit of government,
25		then the proceeds of the sale shall be delivered to the
26		Director of the Department of State Police and distributed in

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1		accordance with subsection (i) of this Section.
2		(i) All moneys and the sale proceeds of all other property
3		forfeited and seized under this Act shall be distributed as
4		follows:
5		(1) 65% shall be distributed to the metropolitan
6		enforcement group, local, municipal, county, or State law
7		enforcement agency or agencies which conducted or
8		participated in the investigation resulting in the
9		forfeiture. The distribution shall bear a reasonable
10		relationship to the degree of direct participation of the
11		law enforcement agency in the effort resulting in the
12		forfeiture, taking into account the total value of the
13		property forfeited and the total law enforcement effort
14		with respect to the violation of the law upon which the
15		forfeiture is based. Amounts distributed to the agency or
16		agencies shall be used for the enforcement of laws.
17		(2) 12.5% shall be distributed to the Office of the
18		State's Attorney of the county in which the prosecution
19		resulting in the forfeiture was instituted, deposited in a
20		special fund in the county treasury and appropriated to the
21		State's Attorney for use in the enforcement of laws. In
22		counties over 3,000,000 population, 25% will be
23		distributed to the Office of the State's Attorney for use
24		in the enforcement of laws governing cannabis and
25		controlled substances. If the prosecution is undertaken
26		solely by the Attorney General, the portion provided

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1		hereunder shall be distributed to the Attorney General for
2		use in the enforcement of laws.
3		(3) 12.5% shall be distributed to the Office of the
4		State's Attorneys Appellate Prosecutor and deposited in a
5		separate fund of that office to be used for additional
6		expenses incurred in the investigation, prosecution and
7		appeal of cases. The Office of the State's Attorneys
8		Appellate Prosecutor shall not receive distribution from
9		cases brought in counties with over 3,000,000 population.
10		(4) 10% shall be retained by the Department of State
11		Police for expenses related to the administration and sale
12		of seized and forfeited property.
13		(Source: P.A. 96-573, eff. 8-18-09.)
14		(Text of Section after amendment by P.A. 100-512)
15		Sec. 3.23. Legend drug prohibition.
16		(a) In this Section:
17		"Legend drug" means a drug limited by the Federal Food,
18		Drug and Cosmetic Act to being dispensed by or upon a medical
19		practitioner's prescription because the drug is:
20		(1) habit forming;
21		(2) toxic or having potential for harm; or
22		(3) limited in use by the new drug application for the
23		drug to use only under a medical practitioner's
24		supervision.
25		"Medical practitioner" means any person licensed to

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1		practice medicine in all its branches in the State.
2		"Deliver" or "delivery" means the actual, constructive, or
3		attempted transfer of possession of a legend drug, with or
4		without consideration, whether or not there is an agency
5		relationship.
6		"Manufacture" means the production, preparation,
7		propagation, compounding, conversion, or processing of a
8		legend drug, either directly or indirectly, by extraction from
9		substances of natural origin, or independently by means of
10		chemical synthesis, or by a combination of extraction and
11		chemical synthesis, and includes any packaging or repackaging
12		of the substance or labeling of its container. "Manufacture"
13		does not include:
14		(1) by an ultimate user, the preparation or compounding
15		of a legend drug for his own use; or
16		(2) by a medical practitioner, or his authorized agent
17		under his supervision, the preparation, compounding,
18		packaging, or labeling of a legend drug:
19		(A) as an incident to his administering or
20		dispensing of a legend drug in the course of his
21		professional practice; or
22		(B) as an incident to lawful research, teaching, or
23		chemical analysis and not for sale.
24		"Prescription" has the same meaning ascribed to it in
25		Section 3 of the Pharmacy Practice Act.
26		(b) It is unlawful for any person to knowingly manufacture

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1		or deliver or possess with the intent to manufacture or deliver
2		a legend drug of 6 or more pills, tablets, capsules, or caplets
3		or 30 ml or more of a legend drug in liquid form who is not
4		licensed by applicable law to prescribe or dispense legend
5		drugs or is not an employee of the licensee operating in the
6		normal course of business under the supervision of the
7		licensee. Any person who violates this Section is guilty of a
8		Class 3 felony, the fine for which shall not exceed $100,000. A
9		person convicted of a second or subsequent violation of this
10		Section is guilty of a Class 1 felony, the fine for which shall
11		not exceed $250,000.
12		(c) The following are subject to forfeiture:
13		(1) (blank);
14		(2) all raw materials, products, and equipment of any
15		kind which are used, or intended for use in manufacturing,
16		distributing, dispensing, administering, or possessing any
17		substance in violation of this Section;
18		(3) all conveyances, including aircraft, vehicles, or
19		vessels, which are used, or intended for use, to transport,
20		or in any manner to facilitate the transportation, sale,
21		receipt, possession, or concealment of any substance
22		manufactured, distributed, dispensed, or possessed in
23		violation of this Section or property described in
24		paragraph (2) of this subsection (c), but:
25		(A) no conveyance used by any person as a common
26		carrier in the transaction of business as a common

SB0564 Engrossed - 21 - LRB100 04874 RLC 14884 b
1		carrier is subject to forfeiture under this Section
2		unless it appears that the owner or other person in
3		charge of the conveyance is a consenting party or privy
4		to the violation;
5		(B) no conveyance is subject to forfeiture under
6		this Section by reason of any act or omission which the
7		owner proves to have been committed or omitted without
8		his knowledge or consent; and
9		(C) a forfeiture of a conveyance encumbered by a
10		bona fide security interest is subject to the interest
11		of the secured party if he neither had knowledge of nor
12		consented to the act or omission;
13		(4) all money, things of value, books, records, and
14		research products and materials including formulas,
15		microfilm, tapes, and data that are used, or intended to be
16		used in violation of this Section;
17		(5) everything of value furnished, or intended to be
18		furnished, in exchange for a substance in violation of this
19		Section, all proceeds traceable to such an exchange, and
20		all moneys, negotiable instruments, and securities used,
21		or intended to be used, to commit or in any manner to
22		facilitate any violation of this Section; and
23		(6) all real property, including any right, title, and
24		interest, including, but not limited to, any leasehold
25		interest or the beneficial interest in a land trust, in the
26		whole of any lot or tract of land and any appurtenances or

SB0564 Engrossed - 22 - LRB100 04874 RLC 14884 b
1		improvements, which is used or intended to be used, in any
2		manner or part, to commit, or in any manner to facilitate
3		the commission of, any violation or act that constitutes a
4		violation of this Section or that is the proceeds of any
5		violation or act that constitutes a violation of this
6		Section.
7		(d) Property subject to forfeiture under this Act may be
8		seized under the Drug Asset Forfeiture Procedure Act. In the
9		event of seizure, forfeiture proceedings shall be instituted
10		under the Drug Asset Forfeiture Procedure Act.
11		(e) Forfeiture under this Act is subject to an 8th
12		Amendment amendment to the United States Constitution
13		disproportionate penalties analysis as provided under Section
14		9.5 of the Drug Asset Forfeiture Procedure Act.
15		(f) With regard to possession of legend drug offenses only,
16		a sum of currency with a value of less than $500 shall not be
17		subject to forfeiture under this Act. For all other offenses
18		under this Act, a sum of currency with a value of less than
19		currency with a value of under $100 shall not be subject to
20		forfeiture under this Act. In seizures of currency in excess of
21		these amounts, this Section shall not create an exemption for
22		these amounts.
23		(f-5) For felony offenses involving possession of legend
24		drug only, no property shall be subject to forfeiture under
25		this Act because of the possession of less than 2 single unit
26		doses of a legend drug controlled substance. This exemption

SB0564 Engrossed - 23 - LRB100 04874 RLC 14884 b
1		shall not apply in instances when the possessor, or another
2		person at the direction of the possessor, is engaged in the
3		destruction of any amount of a legend drug. The amount of a
4		single unit dose shall be the State's burden to prove in its
5		their case in chief.
6		(g) If the Department suspends or revokes a registration,
7		all legend drugs owned or possessed by the registrant at the
8		time of suspension or the effective date of the revocation
9		order may be placed under seal. No disposition may be made of
10		substances under seal until the time for taking an appeal has
11		elapsed or until all appeals have been concluded unless a
12		court, upon application therefor, orders the sale of perishable
13		substances and the deposit of the proceeds of the sale with the
14		court. Upon a revocation rule becoming final, all substances
15		are subject to seizure and forfeiture under the Drug Asset
16		Forfeiture Procedure Act.
17		(h) (Blank).
18		(i) (Blank).
19		(j) Contraband, including legend drugs possessed without a
20		prescription or other authorization under State or federal law,
21		is not subject to forfeiture. No property right exists in
22		contraband. Contraband is subject to seizure and shall be
23		disposed of according to State law.
24		(k) The changes made to this Section by Public Act 100-0512
25		and this amendatory Act of the 100th General Assembly only
26		apply to property seized on and after July 1, 2018.

SB0564 Engrossed - 24 - LRB100 04874 RLC 14884 b
1		(Source: P.A. 100-512, eff. 7-1-18.)
2		Section 20. The Criminal Code of 2012 is amended by
3		changing Sections 17-10.6, 29B-1, 33G-6, 36-1.1, 36-1.3,
4		36-1.4, 36-1.5, 36-2, 36-2.1, 36-2.2, 36-2.5, 36-2.7, and 36-7
5		and by adding Sections 29B-0.5, 29B-2, 29B-3, 29B-4, 29B-5,
6		29B-6, 29B-7, 29B-8, 29B-9, 29B-10, 29B-11, 29B-12, 29B-13,
7		29B-14, 29B-15, 29B-16, 29B-17, 29B-18, 29B-19, 29B-20,
8		29B-21, 29B-22, 29B-23, 29B-24, 29B-25, 29B-26, 29B-27, and
9		36-10 as follows:
10		(720 ILCS 5/17-10.6)
11		(Text of Section before amendment by P.A. 100-512)
12		Sec. 17-10.6. Financial institution fraud.
13		(a) Misappropriation of financial institution property. A
14		person commits misappropriation of a financial institution's
15		property whenever he or she knowingly obtains or exerts
16		unauthorized control over any of the moneys, funds, credits,
17		assets, securities, or other property owned by or under the
18		custody or control of a financial institution, or under the
19		custody or care of any agent, officer, director, or employee of
20		such financial institution.
21		(b) Commercial bribery of a financial institution.
22		(1) A person commits commercial bribery of a financial
23		institution when he or she knowingly confers or offers or
24		agrees to confer any benefit upon any employee, agent, or

SB0564 Engrossed - 25 - LRB100 04874 RLC 14884 b
1		fiduciary without the consent of the latter's employer or
2		principal, with the intent to influence his or her conduct
3		in relation to his or her employer's or principal's
4		affairs.
5		(2) An employee, agent, or fiduciary of a financial
6		institution commits commercial bribery of a financial
7		institution when, without the consent of his or her
8		employer or principal, he or she knowingly solicits,
9		accepts, or agrees to accept any benefit from another
10		person upon an agreement or understanding that such benefit
11		will influence his or her conduct in relation to his or her
12		employer's or principal's affairs.
13		(c) Financial institution fraud. A person commits
14		financial institution fraud when he or she knowingly executes
15		or attempts to execute a scheme or artifice:
16		(1) to defraud a financial institution; or
17		(2) to obtain any of the moneys, funds, credits,
18		assets, securities, or other property owned by or under the
19		custody or control of a financial institution, by means of
20		pretenses, representations, or promises he or she knows to
21		be false.
22		(d) Loan fraud. A person commits loan fraud when he or she
23		knowingly, with intent to defraud, makes any false statement or
24		report, or overvalues any land, property, or security, with the
25		intent to influence in any way the action of a financial
26		institution to act upon any application, advance, discount,

SB0564 Engrossed - 26 - LRB100 04874 RLC 14884 b
1		purchase, purchase agreement, repurchase agreement,
2		commitment, or loan, or any change or extension of any of the
3		same, by renewal, deferment of action, or otherwise, or the
4		acceptance, release, or substitution of security.
5		(e) Concealment of collateral. A person commits
6		concealment of collateral when he or she, with intent to
7		defraud, knowingly conceals, removes, disposes of, or converts
8		to the person's own use or to that of another any property
9		mortgaged or pledged to or held by a financial institution.
10		(f) Financial institution robbery. A person commits
11		robbery when he or she knowingly, by force or threat of force,
12		or by intimidation, takes, or attempts to take, from the person
13		or presence of another, or obtains or attempts to obtain by
14		extortion, any property or money or any other thing of value
15		belonging to, or in the care, custody, control, management, or
16		possession of, a financial institution.
17		(g) Conspiracy to commit a financial crime.
18		(1) A person commits conspiracy to commit a financial
19		crime when, with the intent that any violation of this
20		Section be committed, he or she agrees with another person
21		to the commission of that offense.
22		(2) No person may be convicted of conspiracy to commit
23		a financial crime unless an overt act or acts in
24		furtherance of the agreement is alleged and proved to have
25		been committed by that person or by a co-conspirator and
26		the accused is a part of a common scheme or plan to engage

SB0564 Engrossed - 27 - LRB100 04874 RLC 14884 b
1		in the unlawful activity.
2		(3) It shall not be a defense to conspiracy to commit a
3		financial crime that the person or persons with whom the
4		accused is alleged to have conspired:
5		(A) has not been prosecuted or convicted;
6		(B) has been convicted of a different offense;
7		(C) is not amenable to justice;
8		(D) has been acquitted; or
9		(E) lacked the capacity to commit the offense.
10		(h) Continuing financial crimes enterprise. A person
11		commits a continuing financial crimes enterprise when he or she
12		knowingly, within an 18-month period, commits 3 or more
13		separate offenses constituting any combination of the
14		following:
15		(1) an offense under this Section;
16		(2) a felony offense in violation of Section 16A-3 or
17		subsection (a) of Section 16-25 or paragraph (4) or (5) of
18		subsection (a) of Section 16-1 of this Code for the purpose
19		of reselling or otherwise re-entering the merchandise in
20		commerce, including conveying the merchandise to a
21		merchant in exchange for anything of value; or
22		(3) if involving a financial institution, any other
23		felony offense under this Code.
24		(i) Organizer of a continuing financial crimes enterprise.
25		(1) A person commits being an organizer of a continuing
26		financial crimes enterprise when he or she:

SB0564 Engrossed - 28 - LRB100 04874 RLC 14884 b
1		(A) with the intent to commit any offense, agrees
2		with another person to the commission of any
3		combination of the following offenses on 3 or more
4		separate occasions within an 18-month period:
5		(i) an offense under this Section;
6		(ii) a felony offense in violation of Section
7		16A-3 or subsection (a) of Section 16-25 or
8		paragraph (4) or (5) of subsection (a) of Section
9		16-1 of this Code for the purpose of reselling or
10		otherwise re-entering the merchandise in commerce,
11		including conveying the merchandise to a merchant
12		in exchange for anything of value; or
13		(iii) if involving a financial institution,
14		any other felony offense under this Code; and
15		(B) with respect to the other persons within the
16		conspiracy, occupies a position of organizer,
17		supervisor, or financier or other position of
18		management.
19		(2) The person with whom the accused agreed to commit
20		the 3 or more offenses under this Section, or, if involving
21		a financial institution, any other felony offenses under
22		this Code, need not be the same person or persons for each
23		offense, as long as the accused was a part of the common
24		scheme or plan to engage in each of the 3 or more alleged
25		offenses.
26		(j) Sentence.

SB0564 Engrossed - 29 - LRB100 04874 RLC 14884 b
1		(1) Except as otherwise provided in this subsection, a
2		violation of this Section, the full value of which:
3		(A) does not exceed $500, is a Class A misdemeanor;
4		(B) does not exceed $500, and the person has been
5		previously convicted of a financial crime or any type
6		of theft, robbery, armed robbery, burglary,
7		residential burglary, possession of burglary tools, or
8		home invasion, is guilty of a Class 4 felony;
9		(C) exceeds $500 but does not exceed $10,000, is a
10		Class 3 felony;
11		(D) exceeds $10,000 but does not exceed $100,000,
12		is a Class 2 felony;
13		(E) exceeds $100,000 but does not exceed $500,000,
14		is a Class 1 felony;
15		(F) exceeds $500,000 but does not exceed
16		$1,000,000, is a Class 1 non-probationable felony;
17		when a charge of financial crime, the full value of
18		which exceeds $500,000 but does not exceed $1,000,000,
19		is brought, the value of the financial crime involved
20		is an element of the offense to be resolved by the
21		trier of fact as either exceeding or not exceeding
22		$500,000;
23		(G) exceeds $1,000,000, is a Class X felony; when a
24		charge of financial crime, the full value of which
25		exceeds $1,000,000, is brought, the value of the
26		financial crime involved is an element of the offense

SB0564 Engrossed - 30 - LRB100 04874 RLC 14884 b
1		to be resolved by the trier of fact as either exceeding
2		or not exceeding $1,000,000.
3		(2) A violation of subsection (f) is a Class 1 felony.
4		(3) A violation of subsection (h) is a Class 1 felony.
5		(4) A violation for subsection (i) is a Class X felony.
6		(k) A "financial crime" means an offense described in this
7		Section.
8		(l) Period of limitations. The period of limitations for
9		prosecution of any offense defined in this Section begins at
10		the time when the last act in furtherance of the offense is
11		committed.
12		(m) Forfeiture. Any violation of subdivision (2) of
13		subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
14		the remedies, procedures, and forfeiture as set forth in
15		subsections (f) through (s) of Section 29B-1 of this Code.
16		(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
17		eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
18		(Text of Section after amendment by P.A. 100-512)
19		Sec. 17-10.6. Financial institution fraud.
20		(a) Misappropriation of financial institution property. A
21		person commits misappropriation of a financial institution's
22		property whenever he or she knowingly obtains or exerts
23		unauthorized control over any of the moneys, funds, credits,
24		assets, securities, or other property owned by or under the
25		custody or control of a financial institution, or under the

SB0564 Engrossed - 31 - LRB100 04874 RLC 14884 b
1		custody or care of any agent, officer, director, or employee of
2		such financial institution.
3		(b) Commercial bribery of a financial institution.
4		(1) A person commits commercial bribery of a financial
5		institution when he or she knowingly confers or offers or
6		agrees to confer any benefit upon any employee, agent, or
7		fiduciary without the consent of the latter's employer or
8		principal, with the intent to influence his or her conduct
9		in relation to his or her employer's or principal's
10		affairs.
11		(2) An employee, agent, or fiduciary of a financial
12		institution commits commercial bribery of a financial
13		institution when, without the consent of his or her
14		employer or principal, he or she knowingly solicits,
15		accepts, or agrees to accept any benefit from another
16		person upon an agreement or understanding that such benefit
17		will influence his or her conduct in relation to his or her
18		employer's or principal's affairs.
19		(c) Financial institution fraud. A person commits
20		financial institution fraud when he or she knowingly executes
21		or attempts to execute a scheme or artifice:
22		(1) to defraud a financial institution; or
23		(2) to obtain any of the moneys, funds, credits,
24		assets, securities, or other property owned by or under the
25		custody or control of a financial institution, by means of
26		pretenses, representations, or promises he or she knows to

SB0564 Engrossed - 32 - LRB100 04874 RLC 14884 b
1		be false.
2		(d) Loan fraud. A person commits loan fraud when he or she
3		knowingly, with intent to defraud, makes any false statement or
4		report, or overvalues any land, property, or security, with the
5		intent to influence in any way the action of a financial
6		institution to act upon any application, advance, discount,
7		purchase, purchase agreement, repurchase agreement,
8		commitment, or loan, or any change or extension of any of the
9		same, by renewal, deferment of action, or otherwise, or the
10		acceptance, release, or substitution of security.
11		(e) Concealment of collateral. A person commits
12		concealment of collateral when he or she, with intent to
13		defraud, knowingly conceals, removes, disposes of, or converts
14		to the person's own use or to that of another any property
15		mortgaged or pledged to or held by a financial institution.
16		(f) Financial institution robbery. A person commits
17		robbery when he or she knowingly, by force or threat of force,
18		or by intimidation, takes, or attempts to take, from the person
19		or presence of another, or obtains or attempts to obtain by
20		extortion, any property or money or any other thing of value
21		belonging to, or in the care, custody, control, management, or
22		possession of, a financial institution.
23		(g) Conspiracy to commit a financial crime.
24		(1) A person commits conspiracy to commit a financial
25		crime when, with the intent that any violation of this
26		Section be committed, he or she agrees with another person

SB0564 Engrossed - 33 - LRB100 04874 RLC 14884 b
1		to the commission of that offense.
2		(2) No person may be convicted of conspiracy to commit
3		a financial crime unless an overt act or acts in
4		furtherance of the agreement is alleged and proved to have
5		been committed by that person or by a co-conspirator and
6		the accused is a part of a common scheme or plan to engage
7		in the unlawful activity.
8		(3) It shall not be a defense to conspiracy to commit a
9		financial crime that the person or persons with whom the
10		accused is alleged to have conspired:
11		(A) has not been prosecuted or convicted;
12		(B) has been convicted of a different offense;
13		(C) is not amenable to justice;
14		(D) has been acquitted; or
15		(E) lacked the capacity to commit the offense.
16		(h) Continuing financial crimes enterprise. A person
17		commits a continuing financial crimes enterprise when he or she
18		knowingly, within an 18-month period, commits 3 or more
19		separate offenses constituting any combination of the
20		following:
21		(1) an offense under this Section;
22		(2) a felony offense in violation of Section 16A-3 or
23		subsection (a) of Section 16-25 or paragraph (4) or (5) of
24		subsection (a) of Section 16-1 of this Code for the purpose
25		of reselling or otherwise re-entering the merchandise in
26		commerce, including conveying the merchandise to a

SB0564 Engrossed - 34 - LRB100 04874 RLC 14884 b
1		merchant in exchange for anything of value; or
2		(3) if involving a financial institution, any other
3		felony offense under this Code.
4		(i) Organizer of a continuing financial crimes enterprise.
5		(1) A person commits being an organizer of a continuing
6		financial crimes enterprise when he or she:
7		(A) with the intent to commit any offense, agrees
8		with another person to the commission of any
9		combination of the following offenses on 3 or more
10		separate occasions within an 18-month period:
11		(i) an offense under this Section;
12		(ii) a felony offense in violation of Section
13		16A-3 or subsection (a) of Section 16-25 or
14		paragraph (4) or (5) of subsection (a) of Section
15		16-1 of this Code for the purpose of reselling or
16		otherwise re-entering the merchandise in commerce,
17		including conveying the merchandise to a merchant
18		in exchange for anything of value; or
19		(iii) if involving a financial institution,
20		any other felony offense under this Code; and
21		(B) with respect to the other persons within the
22		conspiracy, occupies a position of organizer,
23		supervisor, or financier or other position of
24		management.
25		(2) The person with whom the accused agreed to commit
26		the 3 or more offenses under this Section, or, if involving

SB0564 Engrossed - 35 - LRB100 04874 RLC 14884 b
1		a financial institution, any other felony offenses under
2		this Code, need not be the same person or persons for each
3		offense, as long as the accused was a part of the common
4		scheme or plan to engage in each of the 3 or more alleged
5		offenses.
6		(j) Sentence.
7		(1) Except as otherwise provided in this subsection, a
8		violation of this Section, the full value of which:
9		(A) does not exceed $500, is a Class A misdemeanor;
10		(B) does not exceed $500, and the person has been
11		previously convicted of a financial crime or any type
12		of theft, robbery, armed robbery, burglary,
13		residential burglary, possession of burglary tools, or
14		home invasion, is guilty of a Class 4 felony;
15		(C) exceeds $500 but does not exceed $10,000, is a
16		Class 3 felony;
17		(D) exceeds $10,000 but does not exceed $100,000,
18		is a Class 2 felony;
19		(E) exceeds $100,000 but does not exceed $500,000,
20		is a Class 1 felony;
21		(F) exceeds $500,000 but does not exceed
22		$1,000,000, is a Class 1 non-probationable felony;
23		when a charge of financial crime, the full value of
24		which exceeds $500,000 but does not exceed $1,000,000,
25		is brought, the value of the financial crime involved
26		is an element of the offense to be resolved by the

SB0564 Engrossed - 36 - LRB100 04874 RLC 14884 b
1		trier of fact as either exceeding or not exceeding
2		$500,000;
3		(G) exceeds $1,000,000, is a Class X felony; when a
4		charge of financial crime, the full value of which
5		exceeds $1,000,000, is brought, the value of the
6		financial crime involved is an element of the offense
7		to be resolved by the trier of fact as either exceeding
8		or not exceeding $1,000,000.
9		(2) A violation of subsection (f) is a Class 1 felony.
10		(3) A violation of subsection (h) is a Class 1 felony.
11		(4) A violation for subsection (i) is a Class X felony.
12		(k) A "financial crime" means an offense described in this
13		Section.
14		(l) Period of limitations. The period of limitations for
15		prosecution of any offense defined in this Section begins at
16		the time when the last act in furtherance of the offense is
17		committed.
18		(m) Forfeiture. Any violation of subdivision (2) of
19		subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
20		the remedies, procedures, and forfeiture as set forth in
21		Article 29B subsections (f) through (s) of Section 29B-1 of
22		this Code.
23		Property seized or forfeited under this Section is subject
24		to reporting under the Seizure and Forfeiture Reporting Act.
25		(Source: P.A. 100-512, eff. 7-1-18.)

SB0564 Engrossed - 37 - LRB100 04874 RLC 14884 b
1		(720 ILCS 5/29B-0.5 new)
2		Sec. 29B-0.5. Definitions. In this Article:
3		"Conduct" or "conducts" includes, in addition to its
4		ordinary meaning, initiating, concluding, or participating in
5		initiating or concluding a transaction.
6		"Criminally derived property" means: (1) any property,
7		real or personal, constituting or derived from proceeds
8		obtained, directly or indirectly, from activity that
9		constitutes a felony under State, federal, or foreign law; or
10		(2) any property represented to be property constituting or
11		derived from proceeds obtained, directly or indirectly, from
12		activity that constitutes a felony under State, federal, or
13		foreign law.
14		"Department" means the Department of State Police of this
15		State or its successor agency.
16		"Director" means the Director of State Police or his or her
17		designated agents.
18		"Financial institution" means any bank; saving and loan
19		association; trust company; agency or branch of a foreign bank
20		in the United States; currency exchange; credit union; mortgage
21		banking institution; pawnbroker; loan or finance company;
22		operator of a credit card system; issuer, redeemer, or cashier
23		of travelers checks, checks, or money orders; dealer in
24		precious metals, stones, or jewels; broker or dealer in
25		securities or commodities; investment banker; or investment
26		company.

SB0564 Engrossed - 38 - LRB100 04874 RLC 14884 b
1		"Financial transaction" means a purchase, sale, loan,
2		pledge, gift, transfer, delivery, or other disposition
3		utilizing criminally derived property, and with respect to
4		financial institutions, includes a deposit, withdrawal,
5		transfer between accounts, exchange of currency, loan,
6		extension of credit, purchase or sale of any stock, bond,
7		certificate of deposit or other monetary instrument, use of
8		safe deposit box, or any other payment, transfer or delivery
9		by, through, or to a financial institution. "Financial
10		transaction" also means a transaction which without regard to
11		whether the funds, monetary instruments, or real or personal
12		property involved in the transaction are criminally derived,
13		any transaction which in any way or degree: (1) involves the
14		movement of funds by wire or any other means; (2) involves one
15		or more monetary instruments; or (3) the transfer of title to
16		any real or personal property. The receipt by an attorney of
17		bona fide fees for the purpose of legal representation is not a
18		financial transaction for purposes of this Article.
19		"Form 4-64" means the Illinois State Police
20		Notice/Inventory of Seized Property (Form 4-64).
21		"Knowing that the property involved in a financial
22		transaction represents the proceeds of some form of unlawful
23		activity" means that the person knew the property involved in
24		the transaction represented proceeds from some form, though not
25		necessarily which form, of activity that constitutes a felony
26		under State, federal, or foreign law.

SB0564 Engrossed - 39 - LRB100 04874 RLC 14884 b
1		"Monetary instrument" means United States coins and
2		currency; coins and currency of a foreign country; travelers
3		checks; personal checks, bank checks, and money orders;
4		investment securities; bearer negotiable instruments; bearer
5		investment securities; or bearer securities and certificates
6		of stock in a form that title passes upon delivery.
7		"Specified criminal activity" means any violation of
8		Section 29D-15.1 and any violation of Article 29D of this Code.
9		"Transaction reporting requirement under State law" means
10		any violation as defined under the Currency Reporting Act.
11		(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
12		(Text of Section before amendment by P.A. 100-512)
13		Sec. 29B-1. (a) A person commits the offense of money
14		laundering:
15		(1) when, knowing that the property involved in a
16		financial transaction represents the proceeds of some form
17		of unlawful activity, he or she conducts or attempts to
18		conduct such a financial transaction which in fact involves
19		criminally derived property:
20		(A) with the intent to promote the carrying on of
21		the unlawful activity from which the criminally
22		derived property was obtained; or
23		(B) where he or she knows or reasonably should know
24		that the financial transaction is designed in whole or
25		in part:

SB0564 Engrossed - 40 - LRB100 04874 RLC 14884 b
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		(1.5) when he or she transports, transmits, or
7		transfers, or attempts to transport, transmit, or transfer
8		a monetary instrument:
9		(A) with the intent to promote the carrying on of
10		the unlawful activity from which the criminally
11		derived property was obtained; or
12		(B) knowing, or having reason to know, that the
13		financial transaction is designed in whole or 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		(2) when, with the intent to:
20		(A) promote the carrying on of a specified criminal
21		activity as defined in this Article; or
22		(B) conceal or disguise the nature, location,
23		source, ownership, or control of property believed to
24		be the proceeds of a specified criminal activity as
25		defined by subdivision (b)(6); or
26		(C) avoid a transaction reporting requirement

SB0564 Engrossed - 41 - LRB100 04874 RLC 14884 b
1		under State law,
2		he or she conducts or attempts to conduct a financial
3		transaction involving property he or she believes to be the
4		proceeds of specified criminal activity as defined by
5		subdivision (b)(6) or property used to conduct or
6		facilitate specified criminal activity as defined by
7		subdivision (b)(6).
8		(b) As used in this Section:
9		(0.5) "Knowing that the property involved in a
10		financial transaction represents the proceeds of some form
11		of unlawful activity" means that the person knew the
12		property involved in the transaction represented proceeds
13		from some form, though not necessarily which form, of
14		activity that constitutes a felony under State, federal, or
15		foreign law.
16		(1) "Financial transaction" means a purchase, sale,
17		loan, pledge, gift, transfer, delivery or other
18		disposition utilizing criminally derived property, and
19		with respect to financial institutions, includes a
20		deposit, withdrawal, transfer between accounts, exchange
21		of currency, loan, extension of credit, purchase or sale of
22		any stock, bond, certificate of deposit or other monetary
23		instrument, use of safe deposit box, or any other payment,
24		transfer or delivery by, through, or to a financial
25		institution. For purposes of clause (a)(2) of this Section,
26		the term "financial transaction" also means a transaction

SB0564 Engrossed - 42 - LRB100 04874 RLC 14884 b
1		which without regard to whether the funds, monetary
2		instruments, or real or personal property involved in the
3		transaction are criminally derived, any transaction which
4		in any way or degree: (1) involves the movement of funds by
5		wire or any other means; (2) involves one or more monetary
6		instruments; or (3) the transfer of title to any real or
7		personal property. The receipt by an attorney of bona fide
8		fees for the purpose of legal representation is not a
9		financial transaction for purposes of this Section.
10		(2) "Financial institution" means any bank; saving and
11		loan association; trust company; agency or branch of a
12		foreign bank in the United States; currency exchange;
13		credit union, mortgage banking institution; pawnbroker;
14		loan or finance company; operator of a credit card system;
15		issuer, redeemer or cashier of travelers checks, checks or
16		money orders; dealer in precious metals, stones or jewels;
17		broker or dealer in securities or commodities; investment
18		banker; or investment company.
19		(3) "Monetary instrument" means United States coins
20		and currency; coins and currency of a foreign country;
21		travelers checks; personal checks, bank checks, and money
22		orders; investment securities; bearer negotiable
23		instruments; bearer investment securities; or bearer
24		securities and certificates of stock in such form that
25		title thereto passes upon delivery.
26		(4) "Criminally derived property" means: (A) any

SB0564 Engrossed - 43 - LRB100 04874 RLC 14884 b
1		property, real or personal, constituting or derived from
2		proceeds obtained, directly or indirectly, from activity
3		that constitutes a felony under State, federal, or foreign
4		law; or (B) any property represented to be property
5		constituting or derived from proceeds obtained, directly
6		or indirectly, from activity that constitutes a felony
7		under State, federal, or foreign law.
8		(5) "Conduct" or "conducts" includes, in addition to
9		its ordinary meaning, initiating, concluding, or
10		participating in initiating or concluding a transaction.
11		(6) "Specified criminal activity" means any violation
12		of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
13		of Article 29D of this Code.
14		(7) "Director" means the Director of State Police or
15		his or her designated agents.
16		(8) "Department" means the Department of State Police
17		of the State of Illinois or its successor agency.
18		(9) "Transaction reporting requirement under State
19		law" means any violation as defined under the Currency
20		Reporting Act.
21		(c) Sentence.
22		(1) Laundering of criminally derived property of a
23		value not exceeding $10,000 is a Class 3 felony;
24		(2) Laundering of criminally derived property of a
25		value exceeding $10,000 but not exceeding $100,000 is a
26		Class 2 felony;

SB0564 Engrossed - 44 - LRB100 04874 RLC 14884 b
1		(3) Laundering of criminally derived property of a
2		value exceeding $100,000 but not exceeding $500,000 is a
3		Class 1 felony;
4		(4) Money laundering in violation of subsection (a)(2)
5		of this Section is a Class X felony;
6		(5) Laundering of criminally derived property of a
7		value exceeding $500,000 is a Class 1 non-probationable
8		felony;
9		(6) In a prosecution under clause (a)(1.5)(B)(ii) of
10		this Section, the sentences are as follows:
11		(A) Laundering of property of a value not exceeding
12		$10,000 is a Class 3 felony;
13		(B) Laundering of property of a value exceeding
14		$10,000 but not exceeding $100,000 is a Class 2 felony;
15		(C) Laundering of property of a value exceeding
16		$100,000 but not exceeding $500,000 is a Class 1
17		felony;
18		(D) Laundering of property of a value exceeding
19		$500,000 is a Class 1 non-probationable felony.
20		(d) Evidence. In a prosecution under this Article, either
21		party may introduce the following evidence pertaining to the
22		issue of whether the property or proceeds were known to be some
23		form of criminally derived property or from some form of
24		unlawful activity:
25		(1) A financial transaction was conducted or
26		structured or attempted in violation of the reporting

SB0564 Engrossed - 45 - LRB100 04874 RLC 14884 b
1		requirements of any State or federal law; or
2		(2) A financial transaction was conducted or attempted
3		with the use of a false or fictitious name or a forged
4		instrument; or
5		(3) A falsely altered or completed written instrument
6		or a written instrument that contains any materially false
7		personal identifying information was made, used, offered
8		or presented, whether accepted or not, in connection with a
9		financial transaction; or
10		(4) A financial transaction was structured or
11		attempted to be structured so as to falsely report the
12		actual consideration or value of the transaction; or
13		(5) A money transmitter, a person engaged in a trade or
14		business or any employee of a money transmitter or a person
15		engaged in a trade or business, knows or reasonably should
16		know that false personal identifying information has been
17		presented and incorporates the false personal identifying
18		information into any report or record; or
19		(6) The criminally derived property is transported or
20		possessed in a fashion inconsistent with the ordinary or
21		usual means of transportation or possession of such
22		property and where the property is discovered in the
23		absence of any documentation or other indicia of legitimate
24		origin or right to such property; or
25		(7) A person pays or receives substantially less than
26		face value for one or more monetary instruments; or

SB0564 Engrossed - 46 - LRB100 04874 RLC 14884 b
1		(8) A person engages in a transaction involving one or
2		more monetary instruments, where the physical condition or
3		form of the monetary instrument or instruments makes it
4		apparent that they are not the product of bona fide
5		business or financial transactions.
6		(e) Duty to enforce this Article.
7		(1) It is the duty of the Department of State Police,
8		and its agents, officers, and investigators, to enforce all
9		provisions of this Article, except those specifically
10		delegated, and to cooperate with all agencies charged with
11		the enforcement of the laws of the United States, or of any
12		state, relating to money laundering. Only an agent,
13		officer, or investigator designated by the Director may be
14		authorized in accordance with this Section to serve seizure
15		notices, warrants, subpoenas, and summonses under the
16		authority of this State.
17		(2) Any agent, officer, investigator, or peace officer
18		designated by the Director may: (A) make seizure of
19		property pursuant to the provisions of this Article; and
20		(B) perform such other law enforcement duties as the
21		Director designates. It is the duty of all State's
22		Attorneys to prosecute violations of this Article and
23		institute legal proceedings as authorized under this
24		Article.
25		(f) Protective orders.
26		(1) Upon application of the State, the court may enter

SB0564 Engrossed - 47 - LRB100 04874 RLC 14884 b
1		a restraining order or injunction, require the execution of
2		a satisfactory performance bond, or take any other action
3		to preserve the availability of property described in
4		subsection (h) for forfeiture under this Article:
5		(A) upon the filing of an indictment, information,
6		or complaint charging a violation of this Article for
7		which forfeiture may be ordered under this Article and
8		alleging that the property with respect to which the
9		order is sought would be subject to forfeiture under
10		this Article; or
11		(B) prior to the filing of such an indictment,
12		information, or complaint, if, after notice to persons
13		appearing to have an interest in the property and
14		opportunity for a hearing, the court determines that:
15		(i) there is probable cause to believe that the
16		State will prevail on the issue of forfeiture and
17		that failure to enter the order will result in the
18		property being destroyed, removed from the
19		jurisdiction of the court, or otherwise made
20		unavailable for forfeiture; and
21		(ii) the need to preserve the availability of
22		the property through the entry of the requested
23		order outweighs the hardship on any party against
24		whom the order is to be entered.
25		Provided, however, that an order entered pursuant
26		to subparagraph (B) shall be effective for not more

SB0564 Engrossed - 48 - LRB100 04874 RLC 14884 b
1		than 90 days, unless extended by the court for good
2		cause shown or unless an indictment, information,
3		complaint, or administrative notice has been filed.
4		(2) A temporary restraining order under this
5		subsection may be entered upon application of the State
6		without notice or opportunity for a hearing when an
7		indictment, information, complaint, or administrative
8		notice has not yet been filed with respect to the property,
9		if the State demonstrates that there is probable cause to
10		believe that the property with respect to which the order
11		is sought would be subject to forfeiture under this Section
12		and that provision of notice will jeopardize the
13		availability of the property for forfeiture. Such a
14		temporary order shall expire not more than 30 days after
15		the date on which it is entered, unless extended for good
16		cause shown or unless the party against whom it is entered
17		consents to an extension for a longer period. A hearing
18		requested concerning an order entered under this paragraph
19		shall be held at the earliest possible time and prior to
20		the expiration of the temporary order.
21		(3) The court may receive and consider, at a hearing
22		held pursuant to this subsection (f), evidence and
23		information that would be inadmissible under the Illinois
24		rules of evidence.
25		(4) Order to repatriate and deposit.
26		(A) In general. Pursuant to its authority to enter

SB0564 Engrossed - 49 - LRB100 04874 RLC 14884 b
1		a pretrial restraining order under this Section, the
2		court may order a defendant to repatriate any property
3		that may be seized and forfeited and to deposit that
4		property pending trial with the Illinois State Police
5		or another law enforcement agency designated by the
6		Illinois State Police.
7		(B) Failure to comply. Failure to comply with an
8		order under this subsection (f) is punishable as a
9		civil or criminal contempt of court.
10		(g) Warrant of seizure. The State may request the issuance
11		of a warrant authorizing the seizure of property described in
12		subsection (h) in the same manner as provided for a search
13		warrant. If the court determines that there is probable cause
14		to believe that the property to be seized would be subject to
15		forfeiture, the court shall issue a warrant authorizing the
16		seizure of such property.
17		(h) Forfeiture.
18		(1) The following are subject to forfeiture:
19		(A) any property, real or personal, constituting,
20		derived from, or traceable to any proceeds the person
21		obtained directly or indirectly, as a result of a
22		violation of this Article;
23		(B) any of the person's property used, or intended
24		to be used, in any manner or part, to commit, or to
25		facilitate the commission of, a violation of this
26		Article;

SB0564 Engrossed - 50 - LRB100 04874 RLC 14884 b
1		(C) all conveyances, including aircraft, vehicles
2		or vessels, which are used, or intended for use, to
3		transport, or in any manner to facilitate the
4		transportation, sale, receipt, possession, or
5		concealment of property described in subparagraphs (A)
6		and (B), but:
7		(i) no conveyance used by any person as a
8		common carrier in the transaction of business as a
9		common carrier is subject to forfeiture under this
10		Section unless it appears that the owner or other
11		person in charge of the conveyance is a consenting
12		party or privy to a violation of this Article;
13		(ii) no conveyance is subject to forfeiture
14		under this Section by reason of any act or omission
15		which the owner proves to have been committed or
16		omitted without his or her knowledge or consent;
17		(iii) a forfeiture of a conveyance encumbered
18		by a bona fide security interest is subject to the
19		interest of the secured party if he or she neither
20		had knowledge of nor consented to the act or
21		omission;
22		(D) all real property, including any right, title,
23		and interest (including, but not limited to, any
24		leasehold interest or the beneficial interest in a land
25		trust) in the whole of any lot or tract of land and any
26		appurtenances or improvements, which is used or

SB0564 Engrossed - 51 - LRB100 04874 RLC 14884 b
1		intended to be used, in any manner or part, to commit,
2		or in any manner to facilitate the commission of, any
3		violation of this Article or that is the proceeds of
4		any violation or act that constitutes a violation of
5		this Article.
6		(2) Property subject to forfeiture under this Article
7		may be seized by the Director or any peace officer upon
8		process or seizure warrant issued by any court having
9		jurisdiction over the property. Seizure by the Director or
10		any peace officer without process may be made:
11		(A) if the seizure is incident to a seizure
12		warrant;
13		(B) 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		(C) if there is probable cause to believe that the
18		property is directly or indirectly dangerous to health
19		or safety;
20		(D) if there is probable cause to believe that the
21		property is subject to forfeiture under this Article
22		and the property is seized under circumstances in which
23		a warrantless seizure or arrest would be reasonable; or
24		(E) in accordance with the Code of Criminal
25		Procedure of 1963.
26		(3) In the event of seizure pursuant to paragraph (2),

SB0564 Engrossed - 52 - LRB100 04874 RLC 14884 b
1		forfeiture proceedings shall be instituted in accordance
2		with subsections (i) through (r).
3		(4) Property taken or detained under this Section shall
4		not be subject to replevin, but is deemed to be in the
5		custody of the Director subject only to the order and
6		judgments of the circuit court having jurisdiction over the
7		forfeiture proceedings and the decisions of the State's
8		Attorney under this Article. When property is seized under
9		this Article, the seizing agency shall promptly conduct an
10		inventory of the seized property and estimate the
11		property's value and shall forward a copy of the inventory
12		of seized property and the estimate of the property's value
13		to the Director. Upon receiving notice of seizure, the
14		Director may:
15		(A) place the property under seal;
16		(B) remove the property to a place designated by
17		the Director;
18		(C) keep the property in the possession of the
19		seizing agency;
20		(D) remove the property to a storage area for
21		safekeeping or, if the property is a negotiable
22		instrument or money and is not needed for evidentiary
23		purposes, deposit it in an interest bearing account;
24		(E) place the property under constructive seizure
25		by posting notice of pending forfeiture on it, by
26		giving notice of pending forfeiture to its owners and

SB0564 Engrossed - 53 - LRB100 04874 RLC 14884 b
1		interest holders, or by filing notice of pending
2		forfeiture in any appropriate public record relating
3		to the property; or
4		(F) provide for another agency or custodian,
5		including an owner, secured party, or lienholder, to
6		take custody of the property upon the terms and
7		conditions set by the Director.
8		(5) When property is forfeited under this Article, the
9		Director shall sell all such property unless such property
10		is required by law to be destroyed or is harmful to the
11		public, and shall distribute the proceeds of the sale,
12		together with any moneys forfeited or seized, in accordance
13		with paragraph (6). However, upon the application of the
14		seizing agency or prosecutor who was responsible for the
15		investigation, arrest or arrests and prosecution which
16		lead to the forfeiture, the Director may return any item of
17		forfeited property to the seizing agency or prosecutor for
18		official use in the enforcement of laws, if the agency or
19		prosecutor can demonstrate that the item requested would be
20		useful to the agency or prosecutor in its enforcement
21		efforts. When any real property returned to the seizing
22		agency is sold by the agency or its unit of government, the
23		proceeds of the sale shall be delivered to the Director and
24		distributed in accordance with paragraph (6).
25		(6) All monies and the sale proceeds of all other
26		property forfeited and seized under this Article shall be

SB0564 Engrossed - 54 - LRB100 04874 RLC 14884 b
1		distributed as follows:
2		(A) 65% shall be distributed to the metropolitan
3		enforcement group, local, municipal, county, or State
4		law enforcement agency or agencies which conducted or
5		participated in the investigation resulting in the
6		forfeiture. The distribution shall bear a reasonable
7		relationship to the degree of direct participation of
8		the law enforcement agency in the effort resulting in
9		the forfeiture, taking into account the total value of
10		the property forfeited and the total law enforcement
11		effort with respect to the violation of the law upon
12		which the forfeiture is based. Amounts distributed to
13		the agency or agencies shall be used for the
14		enforcement of laws.
15		(B)(i) 12.5% shall be distributed to the Office of
16		the State's Attorney of the county in which the
17		prosecution resulting in the forfeiture was
18		instituted, deposited in a special fund in the county
19		treasury and appropriated to the State's Attorney for
20		use in the enforcement of laws. In counties over
21		3,000,000 population, 25% shall be distributed to the
22		Office of the State's Attorney for use in the
23		enforcement of laws. If the prosecution is undertaken
24		solely by the Attorney General, the portion provided
25		hereunder shall be distributed to the Attorney General
26		for use in the enforcement of laws.

SB0564 Engrossed - 55 - LRB100 04874 RLC 14884 b
1		(ii) 12.5% shall be distributed to the Office of
2		the State's Attorneys Appellate Prosecutor and
3		deposited in the Narcotics Profit Forfeiture Fund of
4		that office to be used for additional expenses incurred
5		in the investigation, prosecution and appeal of cases
6		arising under laws. The Office of the State's Attorneys
7		Appellate Prosecutor shall not receive distribution
8		from cases brought in counties with over 3,000,000
9		population.
10		(C) 10% shall be retained by the Department of
11		State Police for expenses related to the
12		administration and sale of seized and forfeited
13		property.
14		Moneys and the sale proceeds distributed to the
15		Department of State Police under this Article shall be
16		deposited in the Money Laundering Asset Recovery Fund
17		created in the State treasury and shall be used by the
18		Department of State Police for State law enforcement
19		purposes.
20		(7) All moneys and sale proceeds of property forfeited
21		and seized under this Article and distributed according to
22		paragraph (6) may also be used to purchase opioid
23		antagonists as defined in Section 5-23 of the Alcoholism
24		and Other Drug Abuse and Dependency Act.
25		(i) Notice to owner or interest holder.
26		(1) Whenever notice of pending forfeiture or service of

SB0564 Engrossed - 56 - LRB100 04874 RLC 14884 b
1		an in rem complaint is required under the provisions of
2		this Article, such notice or service shall be given as
3		follows:
4		(A) If the owner's or interest holder's name and
5		current address are known, then by either personal
6		service or mailing a copy of the notice by certified
7		mail, return receipt requested, to that address. For
8		purposes of notice under this Section, if a person has
9		been arrested for the conduct giving rise to the
10		forfeiture, then the address provided to the arresting
11		agency at the time of arrest shall be deemed to be that
12		person's known address. Provided, however, if an owner
13		or interest holder's address changes prior to the
14		effective date of the notice of pending forfeiture, the
15		owner or interest holder shall promptly notify the
16		seizing agency of the change in address or, if the
17		owner or interest holder's address changes subsequent
18		to the effective date of the notice of pending
19		forfeiture, the owner or interest holder shall
20		promptly notify the State's Attorney of the change in
21		address; or
22		(B) If the property seized is a conveyance, to the
23		address reflected in the office of the agency or
24		official in which title or interest to the conveyance
25		is required by law to be recorded, then by mailing a
26		copy of the notice by certified mail, return receipt

SB0564 Engrossed - 57 - LRB100 04874 RLC 14884 b
1		requested, to that address; or
2		(C) If the owner's or interest holder's address is
3		not known, and is not on record as provided in
4		paragraph (B), then by publication for 3 successive
5		weeks in a newspaper of general circulation in the
6		county in which the seizure occurred.
7		(2) Notice served under this Article is effective upon
8		personal service, the last date of publication, or the
9		mailing of written notice, whichever is earlier.
10		(j) Notice to State's Attorney. The law enforcement agency
11		seizing property for forfeiture under this Article shall,
12		within 90 days after seizure, notify the State's Attorney for
13		the county, either where an act or omission giving rise to the
14		forfeiture occurred or where the property was seized, of the
15		seizure of the property and the facts and circumstances giving
16		rise to the seizure and shall provide the State's Attorney with
17		the inventory of the property and its estimated value. When the
18		property seized for forfeiture is a vehicle, the law
19		enforcement agency seizing the property shall immediately
20		notify the Secretary of State that forfeiture proceedings are
21		pending regarding such vehicle.
22		(k) Non-judicial forfeiture. If non-real property that
23		exceeds $20,000 in value excluding the value of any conveyance,
24		or if real property is seized under the provisions of this
25		Article, the State's Attorney shall institute judicial in rem
26		forfeiture proceedings as described in subsection (l) of this

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1		Section within 45 days from receipt of notice of seizure from
2		the seizing agency under subsection (j) of this Section.
3		However, if non-real property that does not exceed $20,000 in
4		value excluding the value of any conveyance is seized, the
5		following procedure shall be used:
6		(1) If, after review of the facts surrounding the
7		seizure, the State's Attorney is of the opinion that the
8		seized property is subject to forfeiture, then within 45
9		days after the receipt of notice of seizure from the
10		seizing agency, the State's Attorney shall cause notice of
11		pending forfeiture to be given to the owner of the property
12		and all known interest holders of the property in
13		accordance with subsection (i) of this Section.
14		(2) The notice of pending forfeiture must include a
15		description of the property, the estimated value of the
16		property, the date and place of seizure, the conduct giving
17		rise to forfeiture or the violation of law alleged, and a
18		summary of procedures and procedural rights applicable to
19		the forfeiture action.
20		(3)(A) Any person claiming an interest in property
21		which is the subject of notice under paragraph (1) of this
22		subsection (k), must, in order to preserve any rights or
23		claims to the property, within 45 days after the effective
24		date of notice as described in subsection (i) of this
25		Section, file a verified claim with the State's Attorney
26		expressing his or her interest in the property. The claim

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1		must set forth:
2		(i) the caption of the proceedings as set forth on
3		the notice of pending forfeiture and the name of the
4		claimant;
5		(ii) the address at which the claimant will accept
6		mail;
7		(iii) the nature and extent of the claimant's
8		interest in the property;
9		(iv) the date, identity of the transferor, and
10		circumstances of the claimant's acquisition of the
11		interest in the property;
12		(v) the name and address of all other persons known
13		to have an interest in the property;
14		(vi) the specific provision of law relied on in
15		asserting the property is not subject to forfeiture;
16		(vii) all essential facts supporting each
17		assertion; and
18		(viii) the relief sought.
19		(B) If a claimant files the claim and deposits with the
20		State's Attorney a cost bond, in the form of a cashier's
21		check payable to the clerk of the court, in the sum of 10%
22		of the reasonable value of the property as alleged by the
23		State's Attorney or the sum of $100, whichever is greater,
24		upon condition that, in the case of forfeiture, the
25		claimant must pay all costs and expenses of forfeiture
26		proceedings, then the State's Attorney shall institute

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1		judicial in rem forfeiture proceedings and deposit the cost
2		bond with the clerk of the court as described in subsection
3		(l) of this Section within 45 days after receipt of the
4		claim and cost bond. In lieu of a cost bond, a person
5		claiming interest in the seized property may file, under
6		penalty of perjury, an indigency affidavit which has been
7		approved by a circuit court judge.
8		(C) If none of the seized property is forfeited in the
9		judicial in rem proceeding, the clerk of the court shall
10		return to the claimant, unless the court orders otherwise,
11		90% of the sum which has been deposited and shall retain as
12		costs 10% of the money deposited. If any of the seized
13		property is forfeited under the judicial forfeiture
14		proceeding, the clerk of the court shall transfer 90% of
15		the sum which has been deposited to the State's Attorney
16		prosecuting the civil forfeiture to be applied to the costs
17		of prosecution and the clerk shall retain as costs 10% of
18		the sum deposited.
19		(4) If no claim is filed or bond given within the 45
20		day period as described in paragraph (3) of this subsection
21		(k), the State's Attorney shall declare the property
22		forfeited and shall promptly notify the owner and all known
23		interest holders of the property and the Director of State
24		Police of the declaration of forfeiture and the Director
25		shall dispose of the property in accordance with law.
26		(l) Judicial in rem procedures. If property seized under

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1		the provisions of this Article is non-real property that
2		exceeds $20,000 in value excluding the value of any conveyance,
3		or is real property, or a claimant has filed a claim and a cost
4		bond under paragraph (3) of subsection (k) of this Section, the
5		following judicial in rem procedures shall apply:
6		(1) If, after a review of the facts surrounding the
7		seizure, the State's Attorney is of the opinion that the
8		seized property is subject to forfeiture, then within 45
9		days of the receipt of notice of seizure by the seizing
10		agency or the filing of the claim and cost bond, whichever
11		is later, the State's Attorney shall institute judicial
12		forfeiture proceedings by filing a verified complaint for
13		forfeiture and, if the claimant has filed a claim and cost
14		bond, by depositing the cost bond with the clerk of the
15		court. When authorized by law, a forfeiture must be ordered
16		by a court on an action in rem brought by a State's
17		Attorney under a verified complaint for forfeiture.
18		(2) During the probable cause portion of the judicial
19		in rem proceeding wherein the State presents its
20		case-in-chief, the court must receive and consider, among
21		other things, all relevant hearsay evidence and
22		information. The laws of evidence relating to civil actions
23		apply to all other portions of the judicial in rem
24		proceeding.
25		(3) Only an owner of or interest holder in the property
26		may file an answer asserting a claim against the property

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1		in the action in rem. For purposes of this Section, the
2		owner or interest holder shall be referred to as claimant.
3		Upon motion of the State, the court shall first hold a
4		hearing, wherein any claimant must establish by a
5		preponderance of the evidence, that he or she has a lawful,
6		legitimate ownership interest in the property and that it
7		was obtained through a lawful source.
8		(4) The answer must be signed by the owner or interest
9		holder under penalty of perjury and must set forth:
10		(A) the caption of the proceedings as set forth on
11		the notice of pending forfeiture and the name of the
12		claimant;
13		(B) the address at which the claimant will accept
14		mail;
15		(C) the nature and extent of the claimant's
16		interest in the property;
17		(D) the date, identity of transferor, and
18		circumstances of the claimant's acquisition of the
19		interest in the property;
20		(E) the name and address of all other persons known
21		to have an interest in the property;
22		(F) all essential facts supporting each assertion;
23		and
24		(G) the precise relief sought.
25		(5) The answer must be filed with the court within 45
26		days after service of the civil in rem complaint.

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1		(6) The hearing must be held within 60 days after
2		filing of the answer unless continued for good cause.
3		(7) The State shall show the existence of probable
4		cause for forfeiture of the property. If the State shows
5		probable cause, the claimant has the burden of showing by a
6		preponderance of the evidence that the claimant's interest
7		in the property is not subject to forfeiture.
8		(8) If the State does not show existence of probable
9		cause, the court shall order the interest in the property
10		returned or conveyed to the claimant and shall order all
11		other property forfeited to the State. If the State does
12		show existence of probable cause, the court shall order all
13		property forfeited to the State.
14		(9) A defendant convicted in any criminal proceeding is
15		precluded from later denying the essential allegations of
16		the criminal offense of which the defendant was convicted
17		in any proceeding under this Article regardless of the
18		pendency of an appeal from that conviction. However,
19		evidence of the pendency of an appeal is admissible.
20		(10) An acquittal or dismissal in a criminal proceeding
21		does not preclude civil proceedings under this Article;
22		however, for good cause shown, on a motion by the State's
23		Attorney, the court may stay civil forfeiture proceedings
24		during the criminal trial for a related criminal indictment
25		or information alleging a money laundering violation. Such
26		a stay shall not be available pending an appeal. Property

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1		subject to forfeiture under this Article shall not be
2		subject to return or release by a court exercising
3		jurisdiction over a criminal case involving the seizure of
4		such property unless such return or release is consented to
5		by the State's Attorney.
6		(11) All property declared forfeited under this
7		Article vests in this State on the commission of the
8		conduct giving rise to forfeiture together with the
9		proceeds of the property after that time. Any such property
10		or proceeds subsequently transferred to any person remain
11		subject to forfeiture and thereafter shall be ordered
12		forfeited.
13		(12) A civil action under this Article must be
14		commenced within 5 years after the last conduct giving rise
15		to forfeiture became known or should have become known or 5
16		years after the forfeitable property is discovered,
17		whichever is later, excluding any time during which either
18		the property or claimant is out of the State or in
19		confinement or during which criminal proceedings relating
20		to the same conduct are in progress.
21		(m) Stay of time periods. If property is seized for
22		evidence and for forfeiture, the time periods for instituting
23		judicial and non-judicial forfeiture proceedings shall not
24		begin until the property is no longer necessary for evidence.
25		(n) Settlement of claims. Notwithstanding other provisions
26		of this Article, the State's Attorney and a claimant of seized

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1		property may enter into an agreed-upon settlement concerning
2		the seized property in such an amount and upon such terms as
3		are set out in writing in a settlement agreement.
4		(o) Property constituting attorney fees. Nothing in this
5		Article applies to property which constitutes reasonable bona
6		fide attorney's fees paid to an attorney for services rendered
7		or to be rendered in the forfeiture proceeding or criminal
8		proceeding relating directly thereto where such property was
9		paid before its seizure, before the issuance of any seizure
10		warrant or court order prohibiting transfer of the property and
11		where the attorney, at the time he or she received the property
12		did not know that it was property subject to forfeiture under
13		this Article.
14		(p) Construction. It is the intent of the General Assembly
15		that the forfeiture provisions of this Article be liberally
16		construed so as to effect their remedial purpose. The
17		forfeiture of property and other remedies hereunder shall be
18		considered to be in addition to, and not exclusive of, any
19		sentence or other remedy provided by law.
20		(q) Judicial review. If property has been declared
21		forfeited under subsection (k) of this Section, any person who
22		has an interest in the property declared forfeited may, within
23		30 days after the effective date of the notice of the
24		declaration of forfeiture, file a claim and cost bond as
25		described in paragraph (3) of subsection (k) of this Section.
26		If a claim and cost bond is filed under this Section, then the

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1		procedures described in subsection (l) of this Section apply.
2		(r) Burden of proof of exemption or exception. It is not
3		necessary for the State to negate any exemption or exception in
4		this Article in any complaint, information, indictment or other
5		pleading or in any trial, hearing, or other proceeding under
6		this Article. The burden of proof of any exemption or exception
7		is upon the person claiming it.
8		(s) Review of administrative decisions. All administrative
9		findings, rulings, final determinations, findings, and
10		conclusions of the State's Attorney's Office under this Article
11		are final and conclusive decisions of the matters involved. Any
12		person aggrieved by the decision may obtain review of the
13		decision pursuant to the provisions of the Administrative
14		Review Law and the rules adopted pursuant to that Law. Pending
15		final decision on such review, the administrative acts, orders,
16		and rulings of the State's Attorney's Office remain in full
17		force and effect unless modified or suspended by order of court
18		pending final judicial decision. Pending final decision on such
19		review, the acts, orders, and rulings of the State's Attorney's
20		Office remain in full force and effect, unless stayed by order
21		of court. However, no stay of any decision of the
22		administrative agency shall issue unless the person aggrieved
23		by the decision establishes by a preponderance of the evidence
24		that good cause exists for the stay. In determining good cause,
25		the court shall find that the aggrieved party has established a
26		substantial likelihood of prevailing on the merits and that

SB0564 Engrossed - 67 - LRB100 04874 RLC 14884 b
1		granting the stay will not have an injurious effect on the
2		general public.
3		(Source: P.A. 99-480, eff. 9-9-15.)
4		(Text of Section after amendment by P.A. 100-512)
5		Sec. 29B-1. Money laundering.
6		(a) A person commits the offense of money laundering:
7		(1) when, knowing that the property involved in a
8		financial transaction represents the proceeds of some form
9		of unlawful activity, he or she conducts or attempts to
10		conduct the such a financial transaction which in fact
11		involves criminally derived property:
12		(A) with the intent to promote the carrying on of
13		the unlawful activity from which the criminally
14		derived property was obtained; or
15		(B) where he or she knows or reasonably should know
16		that the financial transaction is designed in whole or
17		in part:
18		(i) to conceal or disguise the nature, the
19		location, the source, the ownership or the control
20		of the criminally derived property; or
21		(ii) to avoid a transaction reporting
22		requirement under State law; or
23		(1.5) when he or she transports, transmits, or
24		transfers, or attempts to transport, transmit, or transfer
25		a monetary instrument:

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1		(A) with the intent to promote the carrying on of
2		the unlawful activity from which the criminally
3		derived property was obtained; or
4		(B) knowing, or having reason to know, that the
5		financial transaction is designed in whole or in part:
6		(i) to conceal or disguise the nature, the
7		location, the source, the ownership or the control
8		of the criminally derived property; or
9		(ii) to avoid a transaction reporting
10		requirement under State law; or
11		(2) when, with the intent to:
12		(A) promote the carrying on of a specified criminal
13		activity as defined in this Article; or
14		(B) conceal or disguise the nature, location,
15		source, ownership, or control of property believed to
16		be the proceeds of a specified criminal activity as
17		defined in this Article by subdivision (b)(6); or
18		(C) avoid a transaction reporting requirement
19		under State law,
20		he or she conducts or attempts to conduct a financial
21		transaction involving property he or she believes to be the
22		proceeds of specified criminal activity as defined by
23		subdivision (b)(6) or property used to conduct or
24		facilitate specified criminal activity as defined in this
25		Article by subdivision (b)(6).
26		(b) (Blank). As used in this Section:

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1		(0.5) "Knowing that the property involved in a
2		financial transaction represents the proceeds of some form
3		of unlawful activity" means that the person knew the
4		property involved in the transaction represented proceeds
5		from some form, though not necessarily which form, of
6		activity that constitutes a felony under State, federal, or
7		foreign law.
8		(1) "Financial transaction" means a purchase, sale,
9		loan, pledge, gift, transfer, delivery or other
10		disposition utilizing criminally derived property, and
11		with respect to financial institutions, includes a
12		deposit, withdrawal, transfer between accounts, exchange
13		of currency, loan, extension of credit, purchase or sale of
14		any stock, bond, certificate of deposit or other monetary
15		instrument, use of safe deposit box, or any other payment,
16		transfer or delivery by, through, or to a financial
17		institution. For purposes of clause (a)(2) of this Section,
18		the term "financial transaction" also means a transaction
19		which without regard to whether the funds, monetary
20		instruments, or real or personal property involved in the
21		transaction are criminally derived, any transaction which
22		in any way or degree: (1) involves the movement of funds by
23		wire or any other means; (2) involves one or more monetary
24		instruments; or (3) the transfer of title to any real or
25		personal property. The receipt by an attorney of bona fide
26		fees for the purpose of legal representation is not a

SB0564 Engrossed - 70 - LRB100 04874 RLC 14884 b
1		financial transaction for purposes of this Section.
2		(2) "Financial institution" means any bank; saving and
3		loan association; trust company; agency or branch of a
4		foreign bank in the United States; currency exchange;
5		credit union, mortgage banking institution; pawnbroker;
6		loan or finance company; operator of a credit card system;
7		issuer, redeemer or cashier of travelers checks, checks or
8		money orders; dealer in precious metals, stones or jewels;
9		broker or dealer in securities or commodities; investment
10		banker; or investment company.
11		(3) "Monetary instrument" means United States coins
12		and currency; coins and currency of a foreign country;
13		travelers checks; personal checks, bank checks, and money
14		orders; investment securities; bearer negotiable
15		instruments; bearer investment securities; or bearer
16		securities and certificates of stock in such form that
17		title thereto passes upon delivery.
18		(4) "Criminally derived property" means: (A) any
19		property, real or personal, constituting or derived from
20		proceeds obtained, directly or indirectly, from activity
21		that constitutes a felony under State, federal, or foreign
22		law; or (B) any property represented to be property
23		constituting or derived from proceeds obtained, directly
24		or indirectly, from activity that constitutes a felony
25		under State, federal, or foreign law.
26		(5) "Conduct" or "conducts" includes, in addition to

SB0564 Engrossed - 71 - LRB100 04874 RLC 14884 b
1		its ordinary meaning, initiating, concluding, or
2		participating in initiating or concluding a transaction.
3		(6) "Specified criminal activity" means any violation
4		of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
5		of Article 29D of this Code.
6		(7) "Director" means the Director of State Police or
7		his or her designated agents.
8		(8) "Department" means the Department of State Police
9		of the State of Illinois or its successor agency.
10		(9) "Transaction reporting requirement under State
11		law" means any violation as defined under the Currency
12		Reporting Act.
13		(c) Sentence.
14		(1) Laundering of criminally derived property of a
15		value not exceeding $10,000 is a Class 3 felony;
16		(2) Laundering of criminally derived property of a
17		value exceeding $10,000 but not exceeding $100,000 is a
18		Class 2 felony;
19		(3) Laundering of criminally derived property of a
20		value exceeding $100,000 but not exceeding $500,000 is a
21		Class 1 felony;
22		(4) Money laundering in violation of subsection (a)(2)
23		of this Section is a Class X felony;
24		(5) Laundering of criminally derived property of a
25		value exceeding $500,000 is a Class 1 non-probationable
26		felony;

SB0564 Engrossed - 72 - LRB100 04874 RLC 14884 b
1		(6) In a prosecution under clause (a)(1.5)(B)(ii) of
2		this Section, the sentences are as follows:
3		(A) Laundering of property of a value not exceeding
4		$10,000 is a Class 3 felony;
5		(B) Laundering of property of a value exceeding
6		$10,000 but not exceeding $100,000 is a Class 2 felony;
7		(C) Laundering of property of a value exceeding
8		$100,000 but not exceeding $500,000 is a Class 1
9		felony;
10		(D) Laundering of property of a value exceeding
11		$500,000 is a Class 1 non-probationable felony.
12		(d) Evidence. In a prosecution under this Article, either
13		party may introduce the following evidence pertaining to the
14		issue of whether the property or proceeds were known to be some
15		form of criminally derived property or from some form of
16		unlawful activity:
17		(1) A financial transaction was conducted or
18		structured or attempted in violation of the reporting
19		requirements of any State or federal law; or
20		(2) A financial transaction was conducted or attempted
21		with the use of a false or fictitious name or a forged
22		instrument; or
23		(3) A falsely altered or completed written instrument
24		or a written instrument that contains any materially false
25		personal identifying information was made, used, offered
26		or presented, whether accepted or not, in connection with a

SB0564 Engrossed - 73 - LRB100 04874 RLC 14884 b
1		financial transaction; or
2		(4) A financial transaction was structured or
3		attempted to be structured so as to falsely report the
4		actual consideration or value of the transaction; or
5		(5) A money transmitter, a person engaged in a trade or
6		business or any employee of a money transmitter or a person
7		engaged in a trade or business, knows or reasonably should
8		know that false personal identifying information has been
9		presented and incorporates the false personal identifying
10		information into any report or record; or
11		(6) The criminally derived property is transported or
12		possessed in a fashion inconsistent with the ordinary or
13		usual means of transportation or possession of such
14		property and where the property is discovered in the
15		absence of any documentation or other indicia of legitimate
16		origin or right to such property; or
17		(7) A person pays or receives substantially less than
18		face value for one or more monetary instruments; or
19		(8) A person engages in a transaction involving one or
20		more monetary instruments, where the physical condition or
21		form of the monetary instrument or instruments makes it
22		apparent that they are not the product of bona fide
23		business or financial transactions.
24		(e) Duty to enforce this Article.
25		(1) It is the duty of the Department of State Police,
26		and its agents, officers, and investigators, to enforce all

SB0564 Engrossed - 74 - LRB100 04874 RLC 14884 b
1		provisions of this Article, except those specifically
2		delegated, and to cooperate with all agencies charged with
3		the enforcement of the laws of the United States, or of any
4		state, relating to money laundering. Only an agent,
5		officer, or investigator designated by the Director may be
6		authorized in accordance with this Section to serve seizure
7		notices, warrants, subpoenas, and summonses under the
8		authority of this State.
9		(2) Any agent, officer, investigator, or peace officer
10		designated by the Director may: (A) make seizure of
11		property pursuant to the provisions of this Article; and
12		(B) perform such other law enforcement duties as the
13		Director designates. It is the duty of all State's
14		Attorneys to prosecute violations of this Article and
15		institute legal proceedings as authorized under this
16		Article.
17		(f) Protective orders.
18		(1) Upon application of the State, the court may enter
19		a restraining order or injunction, require the execution of
20		a satisfactory performance bond, or take any other action
21		to preserve the availability of property described in
22		subsection (h) for forfeiture under this Article:
23		(A) upon the filing of an indictment, information,
24		or complaint charging a violation of this Article for
25		which forfeiture may be ordered under this Article and
26		alleging that the property with respect to which the

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1		order is sought would be subject to forfeiture under
2		this Article; or
3		(B) prior to the filing of such an indictment,
4		information, or complaint, if, after notice to persons
5		appearing to have an interest in the property and
6		opportunity for a hearing, the court determines that:
7		(i) there is probable cause to believe that the
8		State will prevail on the issue of forfeiture and
9		that failure to enter the order will result in the
10		property being destroyed, removed from the
11		jurisdiction of the court, or otherwise made
12		unavailable for forfeiture; and
13		(ii) the need to preserve the availability of
14		the property through the entry of the requested
15		order outweighs the hardship on any party against
16		whom the order is to be entered.
17		Provided, however, that an order entered pursuant
18		to subparagraph (B) shall be effective for not more
19		than 90 days, unless extended by the court for good
20		cause shown or unless an indictment, information,
21		complaint, or administrative notice has been filed.
22		(2) A temporary restraining order under this
23		subsection may be entered upon application of the State
24		without notice or opportunity for a hearing when an
25		indictment, information, complaint, or administrative
26		notice has not yet been filed with respect to the property,

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1		if the State demonstrates that there is probable cause to
2		believe that the property with respect to which the order
3		is sought would be subject to forfeiture under this Section
4		and that provision of notice will jeopardize the
5		availability of the property for forfeiture. Such a
6		temporary order shall expire not more than 30 days after
7		the date on which it is entered, unless extended for good
8		cause shown or unless the party against whom it is entered
9		consents to an extension for a longer period. A hearing
10		requested concerning an order entered under this paragraph
11		shall be held at the earliest possible time and prior to
12		the expiration of the temporary order.
13		(3) The court may receive and consider, at a hearing
14		held pursuant to this subsection (f), evidence and
15		information that would be inadmissible under the Illinois
16		rules of evidence.
17		(4) Order to repatriate and deposit.
18		(A) In general. Pursuant to its authority to enter
19		a pretrial restraining order under this Section, the
20		court may order a defendant to repatriate any property
21		that may be seized and forfeited and to deposit that
22		property pending trial with the Illinois State Police
23		or another law enforcement agency designated by the
24		Illinois State Police.
25		(B) Failure to comply. Failure to comply with an
26		order under this subsection (f) is punishable as a

SB0564 Engrossed - 77 - LRB100 04874 RLC 14884 b
1		civil or criminal contempt of court.
2		(g) Warrant of seizure. The State may request the issuance
3		of a warrant authorizing the seizure of property described in
4		subsection (h) in the same manner as provided for a search
5		warrant. If the court determines that there is probable cause
6		to believe that the property to be seized would be subject to
7		forfeiture, the court shall issue a warrant authorizing the
8		seizure of such property.
9		(h) Forfeiture.
10		(1) The following are subject to forfeiture:
11		(A) any property, real or personal, constituting,
12		derived from, or traceable to any proceeds the person
13		obtained directly or indirectly, as a result of a
14		violation of this Article;
15		(B) any of the person's property used, or intended
16		to be used, in any manner or part, to commit, or to
17		facilitate the commission of, a violation of this
18		Article;
19		(C) all conveyances, including aircraft, vehicles
20		or vessels, which are used, or intended for use, to
21		transport, or in any manner to facilitate the
22		transportation, sale, receipt, possession, or
23		concealment of property described in subparagraphs (A)
24		and (B), but:
25		(i) no conveyance used by any person as a
26		common carrier in the transaction of business as a

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1		common carrier is subject to forfeiture under this
2		Section unless it appears that the owner or other
3		person in charge of the conveyance is a consenting
4		party or privy to a violation of this Article;
5		(ii) no conveyance is subject to forfeiture
6		under this Section by reason of any act or omission
7		which the owner proves to have been committed or
8		omitted without his or her knowledge or consent;
9		(iii) a forfeiture of a conveyance encumbered
10		by a bona fide security interest is subject to the
11		interest of the secured party if he or she neither
12		had knowledge of nor consented to the act or
13		omission;
14		(D) all real property, including any right, title,
15		and interest (including, but not limited to, any
16		leasehold interest or the beneficial interest in a land
17		trust) in the whole of any lot or tract of land and any
18		appurtenances or improvements, which is used or
19		intended to be used, in any manner or part, to commit,
20		or in any manner to facilitate the commission of, any
21		violation of this Article or that is the proceeds of
22		any violation or act that constitutes a violation of
23		this Article.
24		(2) Property subject to forfeiture under this Article
25		may be seized by the Director or any peace officer upon
26		process or seizure warrant issued by any court having

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1		jurisdiction over the property. Seizure by the Director or
2		any peace officer without process may be made:
3		(A) if the seizure is incident to a seizure
4		warrant;
5		(B) if the property subject to seizure has been the
6		subject of a prior judgment in favor of the State in a
7		criminal proceeding, or in an injunction or forfeiture
8		proceeding based upon this Article;
9		(C) if there is probable cause to believe that the
10		property is directly or indirectly dangerous to health
11		or safety;
12		(D) if there is probable cause to believe that the
13		property is subject to forfeiture under this Article
14		and the property is seized under circumstances in which
15		a warrantless seizure or arrest would be reasonable; or
16		(E) in accordance with the Code of Criminal
17		Procedure of 1963.
18		(3) In the event of seizure pursuant to paragraph (2),
19		forfeiture proceedings shall be instituted in accordance
20		with subsections (i) through (r).
21		(4) Property taken or detained under this Section shall
22		not be subject to replevin, but is deemed to be in the
23		custody of the Director subject only to the order and
24		judgments of the circuit court having jurisdiction over the
25		forfeiture proceedings and the decisions of the State's
26		Attorney under this Article. When property is seized under

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1		this Article, the seizing agency shall promptly conduct an
2		inventory of the seized property and estimate the
3		property's value and shall forward a copy of the inventory
4		of seized property and the estimate of the property's value
5		to the Director. Upon receiving notice of seizure, the
6		Director may:
7		(A) place the property under seal;
8		(B) remove the property to a place designated by
9		the Director;
10		(C) keep the property in the possession of the
11		seizing agency;
12		(D) remove the property to a storage area for
13		safekeeping or, if the property is a negotiable
14		instrument or money and is not needed for evidentiary
15		purposes, deposit it in an interest bearing account;
16		(E) place the property under constructive seizure
17		by posting notice of pending forfeiture on it, by
18		giving notice of pending forfeiture to its owners and
19		interest holders, or by filing notice of pending
20		forfeiture in any appropriate public record relating
21		to the property; or
22		(F) provide for another agency or custodian,
23		including an owner, secured party, or lienholder, to
24		take custody of the property upon the terms and
25		conditions set by the Director.
26		(5) When property is forfeited under this Article, the

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1		Director shall sell all such property unless such property
2		is required by law to be destroyed or is harmful to the
3		public, and shall distribute the proceeds of the sale,
4		together with any moneys forfeited or seized, in accordance
5		with paragraph (6).
6		(6) All monies and the sale proceeds of all other
7		property forfeited and seized under this Article shall be
8		distributed as follows:
9		(A) 65% shall be distributed to the metropolitan
10		enforcement group, local, municipal, county, or State
11		law enforcement agency or agencies which conducted or
12		participated in the investigation resulting in the
13		forfeiture. The distribution shall bear a reasonable
14		relationship to the degree of direct participation of
15		the law enforcement agency in the effort resulting in
16		the forfeiture, taking into account the total value of
17		the property forfeited and the total law enforcement
18		effort with respect to the violation of the law upon
19		which the forfeiture is based. Amounts distributed to
20		the agency or agencies shall be used for the
21		enforcement of laws.
22		(B)(i) 12.5% shall be distributed to the Office of
23		the State's Attorney of the county in which the
24		prosecution resulting in the forfeiture was
25		instituted, deposited in a special fund in the county
26		treasury and appropriated to the State's Attorney for

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1		use in the enforcement of laws. In counties over
2		3,000,000 population, 25% shall be distributed to the
3		Office of the State's Attorney for use in the
4		enforcement of laws. If the prosecution is undertaken
5		solely by the Attorney General, the portion provided
6		hereunder shall be distributed to the Attorney General
7		for use in the enforcement of laws.
8		(ii) 12.5% shall be distributed to the Office of
9		the State's Attorneys Appellate Prosecutor and
10		deposited in the Narcotics Profit Forfeiture Fund of
11		that office to be used for additional expenses incurred
12		in the investigation, prosecution and appeal of cases
13		arising under laws. The Office of the State's Attorneys
14		Appellate Prosecutor shall not receive distribution
15		from cases brought in counties with over 3,000,000
16		population.
17		(C) 10% shall be retained by the Department of
18		State Police for expenses related to the
19		administration and sale of seized and forfeited
20		property.
21		Moneys and the sale proceeds distributed to the
22		Department of State Police under this Article shall be
23		deposited in the Money Laundering Asset Recovery Fund
24		created in the State treasury and shall be used by the
25		Department of State Police for State law enforcement
26		purposes.

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1		(7) All moneys and sale proceeds of property forfeited
2		and seized under this Article and distributed according to
3		paragraph (6) may also be used to purchase opioid
4		antagonists as defined in Section 5-23 of the Alcoholism
5		and Other Drug Abuse and Dependency Act.
6		(7.5) Preliminary Review.
7		(A) Within 14 days of the seizure, the State shall
8		seek a preliminary determination from the circuit
9		court as to whether there is probable cause that the
10		property may be subject to forfeiture.
11		(B) The rules of evidence shall not apply to any
12		proceeding conducted under this Section.
13		(C) The court may conduct the review under
14		subparagraph (A) of this paragraph (7.5)
15		simultaneously with a proceeding under Section 109-1
16		of the Code of Criminal Procedure of 1963 for a related
17		criminal offense if a prosecution is commenced by
18		information or complaint.
19		(D) The court may accept a finding of probable
20		cause at a preliminary hearing following the filing of
21		an information or complaint charging a related
22		criminal offense or following the return of indictment
23		by a grand jury charging the related offense as
24		sufficient evidence of probable cause as required
25		under subparagraph (A) of this paragraph (7.5).
26		(E) Upon a finding of probable cause as required

SB0564 Engrossed - 84 - LRB100 04874 RLC 14884 b
1		under this Section, the circuit court shall order the
2		property subject to the applicable forfeiture Act held
3		until the conclusion of any forfeiture proceeding.
4		(i) Notice to owner or interest holder.
5		(1) The first attempted service shall be commenced
6		within 28 days of the latter of filing of the verified
7		claim or the receipt of the notice from seizing agency by
8		form 4-64. A complaint for forfeiture or a notice of
9		pending forfeiture shall be served on a claimant if the
10		owner's or interest holder's name and current address are
11		known, then by either: (i) personal service or; (ii)
12		mailing a copy of the notice by certified mail, return
13		receipt requested and first class mail, to that address. If
14		no signed return receipt is received by the State's
15		Attorney within 28 days of mailing or no communication from
16		the owner or interest holder is received by the State's
17		Attorney documenting actual notice by the parties, the
18		State's Attorney shall, within a reasonable period of time,
19		mail a second copy of the notice by certified mail, return
20		receipt requested and first class mail, to that address. If
21		no signed return receipt is received by the State's
22		Attorney within 28 days of the second mailing, or no
23		communication from the owner or interest holder is received
24		by the State's Attorney documenting actual notice by the
25		parties, the State's Attorney shall have 60 days to attempt
26		to personally serve the notice by personal service,

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1		including substitute service by leaving a copy at the usual
2		place of abode with some person of the family or a person
3		residing there, of the age of 13 years or upwards. If after
4		3 attempts at service in this manner, and no service of the
5		notice is accomplished, the notice shall be posted in a
6		conspicuous manner at this address and service shall be
7		made by the posting. The attempts at service and the
8		posting if required, shall be documented by the person
9		attempting service and the documentation shall be made part
10		of a return of service returned to the State's Attorney.
11		The State's Attorney may utilize any Sheriff or Deputy
12		Sheriff, a peace officer, a private process server or
13		investigator, or an employee, agent, or investigator of the
14		State's Attorney's Office to attempt service without
15		seeking leave of court. After the procedures listed are
16		followed, service shall be effective on the owner or
17		interest holder on the date of receipt by the State's
18		Attorney of a returned return receipt requested, or on the
19		date of receipt of a communication from an owner or
20		interest holder documenting actual notice, whichever is
21		first in time, or on the date of the last act performed by
22		the State's Attorney in attempting personal service. For
23		purposes of notice under this Section, if a person has been
24		arrested for the conduct giving rise to the forfeiture, the
25		address provided to the arresting agency at the time of
26		arrest shall be deemed to be that person's known address.

SB0564 Engrossed - 86 - LRB100 04874 RLC 14884 b
1		Provided, however, if an owner or interest holder's address
2		changes prior to the effective date of the notice of
3		pending forfeiture, the owner or interest holder shall
4		promptly notify the seizing agency of the change in address
5		or, if the owner or interest holder's address changes
6		subsequent to the effective date of the notice of pending
7		forfeiture, the owner or interest holder shall promptly
8		notify the State's Attorney of the change in address. If
9		the property seized is a conveyance, notice shall also be
10		directed to the address reflected in the office of the
11		agency or official in which title or interest to the
12		conveyance is required by law to be recorded.
13		(A) (Blank);
14		(A-5) If the owner's or interest holder's address
15		is not known, and is not on record as provided in
16		paragraph (1), service by publication for 3 successive
17		weeks in a newspaper of general circulation in the
18		county in which the seizure occurred shall suffice for
19		service requirements.
20		(A-10) Notice to any business entity, corporation,
21		LLC, LLP, or partnership shall be complete by a single
22		mailing of a copy of the notice by certified mail,
23		return receipt requested and first class mail, to that
24		address. This notice is complete regardless of the
25		return of a signed "return receipt requested".
26		(A-15) Notice to a person whose address is not

SB0564 Engrossed - 87 - LRB100 04874 RLC 14884 b
1		within the State shall be completed by a single mailing
2		of a copy of the notice by certified mail, return
3		receipt requested and first class mail to that address.
4		This notice is complete regardless of the return of a
5		signed "return receipt requested".
6		(A-20) Notice to a person whose address is not
7		within the United States shall be completed by a single
8		mailing of a copy of the notice by certified mail,
9		return receipt requested and first class mail to that
10		address. This notice is complete regardless of the
11		return of a signed "return receipt requested". If
12		certified mail is not available in the foreign country
13		where the person has an address, notice shall proceed
14		by paragraph (A-15) publication requirements.
15		(A-25) A person who the State's Attorney
16		reasonably should know is incarcerated within this
17		State, shall also include, mailing a copy of the notice
18		by certified mail, return receipt requested and first
19		class mail, to the address of the detention facility
20		with the inmate's name clearly marked on the envelope.
21		After a claimant files a verified claim with the
22		State's Attorney and provides an address at which they
23		will accept service, the complaint shall be served and
24		notice shall be complete upon the mailing of the
25		complaint to the claimant at the address the claimant
26		provided via certified mail, return receipt requested

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1		and first class mail. No return receipt card need be
2		received, or any other attempts at service need be made
3		to comply with service and notice requirements under
4		this Section. This certified mailing, return receipt
5		requested shall be proof of service of the complaint on
6		the claimant. If notice is to be shown by actual notice
7		from communication with a claimant, then the State's
8		Attorney shall file an affidavit as proof of service
9		providing details of the communication which shall be
10		accepted as proof of service by the court.
11		(B) If the property seized is a conveyance, to the
12		address reflected in the office of the agency or
13		official in which title or interest to the conveyance
14		is required by law to be recorded, then by mailing a
15		copy of the notice by certified mail, return receipt
16		requested, to that address; or
17		(C) (Blank).
18		(2) Notice served under this Article is effective upon
19		personal service, the last date of publication, or the
20		mailing of written notice, whichever is earlier.
21		(j) Notice to State's Attorney. The law enforcement agency
22		seizing property for forfeiture under this Article shall,
23		within 60 days after seizure, notify the State's Attorney for
24		the county, either where an act or omission giving rise to the
25		forfeiture occurred or where the property was seized, of the
26		seizure of the property and the facts and circumstances giving

SB0564 Engrossed - 89 - LRB100 04874 RLC 14884 b
1		rise to the seizure and shall provide the State's Attorney with
2		the inventory of the property and its estimated value. When the
3		property seized for forfeiture is a vehicle, the law
4		enforcement agency seizing the property shall immediately
5		notify the Secretary of State that forfeiture proceedings are
6		pending regarding such vehicle. This notice shall be by the
7		form 4-64.
8		(k) Non-judicial forfeiture. If non-real property that
9		exceeds $20,000 in value excluding the value of any conveyance,
10		or if real property is seized under the provisions of this
11		Article, the State's Attorney shall institute judicial in rem
12		forfeiture proceedings as described in subsection (l) of this
13		Section within 28 days from receipt of notice of seizure from
14		the seizing agency under subsection (j) of this Section.
15		However, if non-real property that does not exceed $20,000 in
16		value excluding the value of any conveyance is seized, the
17		following procedure shall be used:
18		(1) If, after review of the facts surrounding the
19		seizure, the State's Attorney is of the opinion that the
20		seized property is subject to forfeiture, then within 45
21		days after the receipt of notice of seizure from the
22		seizing agency, the State's Attorney shall cause notice of
23		pending forfeiture to be given to the owner of the property
24		and all known interest holders of the property in
25		accordance with subsection (i) of this Section.
26		(2) The notice of pending forfeiture must include a

SB0564 Engrossed - 90 - LRB100 04874 RLC 14884 b
1		description of the property, the estimated value of the
2		property, the date and place of seizure, the conduct giving
3		rise to forfeiture or the violation of law alleged, and a
4		summary of procedures and procedural rights applicable to
5		the forfeiture action.
6		(3)(A) Any person claiming an interest in property
7		which is the subject of notice under paragraph (1) of this
8		subsection (k), must, in order to preserve any rights or
9		claims to the property, within 45 days after the effective
10		date of notice as described in subsection (i) of this
11		Section, file a verified claim with the State's Attorney
12		expressing his or her interest in the property. The claim
13		must set forth:
14		(i) the caption of the proceedings as set forth on
15		the notice of pending forfeiture and the name of the
16		claimant;
17		(ii) the address at which the claimant will accept
18		mail;
19		(iii) the nature and extent of the claimant's
20		interest in the property;
21		(iv) the date, identity of the transferor, and
22		circumstances of the claimant's acquisition of the
23		interest in the property;
24		(v) the name and address of all other persons known
25		to have an interest in the property;
26		(vi) the specific provision of law relied on in

SB0564 Engrossed - 91 - LRB100 04874 RLC 14884 b
1		asserting the property is not subject to forfeiture;
2		(vii) all essential facts supporting each
3		assertion; and
4		(viii) the relief sought.
5		(B) If a claimant files the claim, then the State's
6		Attorney shall institute judicial in rem forfeiture
7		proceedings with the clerk of the court as described in
8		subsection (l) of this Section within 45 days after receipt
9		of the claim.
10		(C) (Blank).
11		(4) If no claim is filed within the 45 day period as
12		described in paragraph (3) of this subsection (k), the
13		State's Attorney shall declare the property forfeited and
14		shall promptly notify the owner and all known interest
15		holders of the property and the Director of State Police of
16		the declaration of forfeiture and the Director shall
17		dispose of the property in accordance with law.
18		(l) Judicial in rem procedures. If property seized under
19		the provisions of this Article is non-real property that
20		exceeds $20,000 in value excluding the value of any conveyance,
21		or is real property, or a claimant has filed a claim under
22		paragraph (3) of subsection (k) of this Section, the following
23		judicial in rem procedures shall apply:
24		(1) If, after a review of the facts surrounding the
25		seizure, the State's Attorney is of the opinion that the
26		seized property is subject to forfeiture, then within 28

SB0564 Engrossed - 92 - LRB100 04874 RLC 14884 b
1		days of the receipt of notice of seizure by the seizing
2		agency or the filing of the claim, whichever is later, the
3		State's Attorney shall institute judicial forfeiture
4		proceedings by filing a verified complaint for forfeiture.
5		When authorized by law, a forfeiture must be ordered by a
6		court on an action in rem brought by a State's Attorney
7		under a verified complaint for forfeiture.
8		(1.5) A complaint of forfeiture shall include:
9		(i) a description of the property seized;
10		(ii) the date and place of seizure of the property;
11		(iii) the name and address of the law enforcement
12		agency making the seizure; and
13		(iv) the specific statutory and factual grounds
14		for the seizure.
15		(1.10) The complaint shall be served upon the person
16		from whom the property was seized and all persons known or
17		reasonably believed by the State to claim an interest in
18		the property, as provided in subsection (i) of this
19		Section. The complaint shall be accompanied by the
20		following written notice:
21		"This is a civil court proceeding subject to the Code
22		of Civil Procedure. You received this Complaint of
23		Forfeiture because the State's Attorney's office has
24		brought a legal action seeking forfeiture of your seized
25		property. This complaint starts the court process where the
26		State seeks to prove that your property should be forfeited

SB0564 Engrossed - 93 - LRB100 04874 RLC 14884 b
1		and not returned to you. This process is also your
2		opportunity to try to prove to a judge that you should get
3		your property back. The complaint lists the date, time, and
4		location of your first court date. You must appear in court
5		on that day, or you may lose the case automatically. You
6		must also file an appearance and answer. If you are unable
7		to pay the appearance fee, you may qualify to have the fee
8		waived. If there is a criminal case related to the seizure
9		of your property, your case may be set for trial after the
10		criminal case has been resolved. Before trial, the judge
11		may allow discovery, where the State can ask you to respond
12		in writing to questions and give them certain documents,
13		and you can make similar requests of the State. The trial
14		is your opportunity to explain what happened when your
15		property was seized and why you should get the property
16		back."
17		(2) The laws of evidence relating to civil actions
18		shall apply to proceedings under this Article with the
19		following exception. The parties shall be allowed to use,
20		and the court shall receive and consider all relevant
21		hearsay evidence which relates to evidentiary foundation,
22		chain of custody, business records, recordings, laboratory
23		analysis, laboratory reports, and relevant hearsay related
24		to the use of technology in the investigation which
25		resulted in the seizure of property which is now subject to
26		this forfeiture action.

SB0564 Engrossed - 94 - LRB100 04874 RLC 14884 b
1		(3) Only an owner of or interest holder in the property
2		may file an answer asserting a claim against the property
3		in the action in rem. For purposes of this Section, the
4		owner or interest holder shall be referred to as claimant.
5		Upon motion of the State, the court shall first hold a
6		hearing, wherein any claimant must establish by a
7		preponderance of the evidence, that he or she has a lawful,
8		legitimate ownership interest in the property and that it
9		was obtained through a lawful source.
10		(4) The answer must be signed by the owner or interest
11		holder under penalty of perjury and must set forth:
12		(A) the caption of the proceedings as set forth on
13		the notice of pending forfeiture and the name of the
14		claimant;
15		(B) the address at which the claimant will accept
16		mail;
17		(C) the nature and extent of the claimant's
18		interest in the property;
19		(D) the date, identity of transferor, and
20		circumstances of the claimant's acquisition of the
21		interest in the property;
22		(E) the name and address of all other persons known
23		to have an interest in the property;
24		(F) all essential facts supporting each assertion;
25		(G) the precise relief sought; and
26		(H) the answer shall follow the rules under the

SB0564 Engrossed - 95 - LRB100 04874 RLC 14884 b
1		Code of Civil Procedure.
2		(5) The answer must be filed with the court within 45
3		days after service of the civil in rem complaint.
4		(6) The hearing must be held within 60 days after
5		filing of the answer unless continued for good cause.
6		(7) At the judicial in rem proceeding, in the State's
7		case in chief, the State shall show by a preponderance of
8		the evidence that the property is subject to forfeiture. If
9		the State makes such a showing, the claimant shall have the
10		burden of production to set forth evidence that the
11		property is not related to the alleged factual basis of the
12		forfeiture. After this production of evidence, the State
13		shall maintain the burden of proof to overcome this
14		assertion. A claimant shall provide the State notice of its
15		intent to allege that the currency or its equivalent is not
16		related to the alleged factual basis of the forfeiture and
17		why. As to conveyances, at the judicial in rem proceeding,
18		in their case in chief, the State shall show by a
19		preponderance of the evidence, that (1) the property is
20		subject to forfeiture; and (2) at least one of the
21		following:
22		(i) that the claimant was legally accountable for
23		the conduct giving rise to the forfeiture;
24		(ii) that the claimant knew or reasonably should
25		have known of the conduct giving rise to the
26		forfeiture;

SB0564 Engrossed - 96 - LRB100 04874 RLC 14884 b
1		(iii) that the claimant knew or reasonable should
2		have known that the conduct giving rise to the
3		forfeiture was likely to occur;
4		(iv) that the claimant held the property for the
5		benefit of, or as nominee for, any person whose conduct
6		gave rise to its forfeiture;
7		(v) that if the claimant acquired their interest
8		through any person engaging in any of the conduct
9		described above or conduct giving rise to the
10		forfeiture;
11		(1) the claimant did not acquire it as a bona
12		fide purchaser for value; or
13		(2) the claimant acquired the interest under
14		the circumstances that they reasonably should have
15		known the property was derived from, or used in,
16		the conduct giving rise to the forfeiture; or
17		(vii) that the claimant is not the true owner of
18		the property that is subject to forfeiture.
19		(8) If the State does not meet its burden to show that
20		the property is subject to forfeiture, the court shall
21		order the interest in the property returned or conveyed to
22		the claimant and shall order all other property forfeited
23		to the State. If the State does meet its burden to show
24		that the property is subject to forfeiture, the court shall
25		order all property forfeited to the State.
26		(9) A defendant convicted in any criminal proceeding is

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1		precluded from later denying the essential allegations of
2		the criminal offense of which the defendant was convicted
3		in any proceeding under this Article regardless of the
4		pendency of an appeal from that conviction. However,
5		evidence of the pendency of an appeal is admissible.
6		(10) On a motion by the the parties, the court may stay
7		civil forfeiture proceedings during the criminal trial for
8		a related criminal indictment or information alleging a
9		money laundering violation. Such a stay shall not be
10		available pending an appeal. Property subject to
11		forfeiture under this Article shall not be subject to
12		return or release by a court exercising jurisdiction over a
13		criminal case involving the seizure of such property unless
14		such return or release is consented to by the State's
15		Attorney.
16		Notwithstanding any other provision of this Section,
17		the State's burden of proof at the trial of the forfeiture
18		action shall be by clear and convincing evidence if: (1) a
19		finding of not guilty is entered as to all counts and all
20		defendants in a criminal proceeding relating to the conduct
21		giving rise to the forfeiture action; or (2) the State
22		receives an adverse finding at a preliminary hearing and
23		fails to secure an indictment in a criminal proceeding
24		relating to the factual allegations of the forfeiture
25		action.
26		(11) All property declared forfeited under this

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1		Article vests in this State on the commission of the
2		conduct giving rise to forfeiture together with the
3		proceeds of the property after that time. Except as
4		otherwise provided in this Article, title to any such
5		property or proceeds subsequently transferred to any
6		person remain subject to forfeiture and thereafter shall be
7		ordered forfeited unless the person to whom the property
8		was transferred makes an appropriate claim and has his or
9		her claim adjudicated at the judicial in rem hearing.
10		(12) A civil action under this Article must be
11		commenced within 5 years after the last conduct giving rise
12		to forfeiture became known or should have become known or 5
13		years after the forfeitable property is discovered,
14		whichever is later, excluding any time during which either
15		the property or claimant is out of the State or in
16		confinement or during which criminal proceedings relating
17		to the same conduct are in progress.
18		(m) Stay of time periods. If property is seized for
19		evidence and for forfeiture, the time periods for instituting
20		judicial and non-judicial forfeiture proceedings shall not
21		begin until the property is no longer necessary for evidence.
22		(n) Settlement of claims. Notwithstanding other provisions
23		of this Article, the State's Attorney and a claimant of seized
24		property may enter into an agreed-upon settlement concerning
25		the seized property in such an amount and upon such terms as
26		are set out in writing in a settlement agreement. All proceeds

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1		from a settlement agreement shall be tendered to the Department
2		of State Police and distributed under paragraph (6) of
3		subsection (h) of this Section.
4		(o) Property constituting attorney fees. Nothing in this
5		Article applies to property which constitutes reasonable bona
6		fide attorney's fees paid to an attorney for services rendered
7		or to be rendered in the forfeiture proceeding or criminal
8		proceeding relating directly thereto where such property was
9		paid before its seizure, before the issuance of any seizure
10		warrant or court order prohibiting transfer of the property and
11		where the attorney, at the time he or she received the property
12		did not know that it was property subject to forfeiture under
13		this Article.
14		(p) Construction. It is the intent of the General Assembly
15		that the forfeiture provisions of this Article be liberally
16		construed so as to effect their remedial purpose. The
17		forfeiture of property and other remedies hereunder shall be
18		considered to be in addition to, and not exclusive of, any
19		sentence or other remedy provided by law.
20		(q) Judicial review. If property has been declared
21		forfeited under subsection (k) of this Section, any person who
22		has an interest in the property declared forfeited may, within
23		30 days after the effective date of the notice of the
24		declaration of forfeiture, file a claim as described in
25		paragraph (3) of subsection (k) of this Section. If a claim is
26		filed under this Section, then the procedures described in

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1		subsection (l) of this Section apply.
2		(r) (Blank).
3		(s) Review of administrative decisions. All administrative
4		findings, rulings, final determinations, findings, and
5		conclusions of the State's Attorney's Office under this Article
6		are final and conclusive decisions of the matters involved. Any
7		person aggrieved by the decision may obtain review of the
8		decision pursuant to the provisions of the Administrative
9		Review Law and the rules adopted pursuant to that Law. Pending
10		final decision on such review, the administrative acts, orders,
11		and rulings of the State's Attorney's Office remain in full
12		force and effect unless modified or suspended by order of court
13		pending final judicial decision. Pending final decision on such
14		review, the acts, orders, and rulings of the State's Attorney's
15		Office remain in full force and effect, unless stayed by order
16		of court. However, no stay of any decision of the
17		administrative agency shall issue unless the person aggrieved
18		by the decision establishes by a preponderance of the evidence
19		that good cause exists for the stay. In determining good cause,
20		the court shall find that the aggrieved party has established a
21		substantial likelihood of prevailing on the merits and that
22		granting the stay will not have an injurious effect on the
23		general public.
24		(t) Actual physical seizure of real property subject to
25		forfeiture under this Act requires the issuance of a seizure
26		warrant. Nothing in this Section prohibits the constructive

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1		seizure of real property through the filing of a complaint for
2		forfeiture in circuit court and the recording of a lis pendens
3		against the real property which is subject to forfeiture
4		without any hearing, warrant application, or judicial
5		approval.
6		(u) Property which is forfeited shall be subject to an 8th
7		amendment to the United States Constitution disproportionate
8		penalties analysis and the property forfeiture may be denied in
9		whole or in part if the court finds that the forfeiture would
10		constitute an excessive fine in violation of the 8th amendment
11		as interpreted by case law.
12		(v) If property is ordered forfeited under this Section
13		from a claimant who held title to the property in joint tenancy
14		or tenancy in common with another claimant, the court shall
15		determine the amount of each owner's interest in the property
16		according to principles of property law.
17		(w) A claimant or a party interested in personal property
18		contained within a seized conveyance may file a request with
19		the State's Attorney in a non-judicial forfeiture action, or a
20		motion with the court in a judicial forfeiture action for the
21		return of any personal property contained within a conveyance
22		which is seized under this Article. The return of personal
23		property shall not be unreasonably withheld if the personal
24		property is not mechanically or electrically coupled to the
25		conveyance, needed for evidentiary purposes, or otherwise
26		contraband. Any law enforcement agency that returns property

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1		under a court order under this Section shall not be liable to
2		any person who claims ownership to the property if it is
3		returned to an improper party.
4		(x) Innocent owner hearing.
5		(1) After a complaint for forfeiture has been filed and
6		all claimants have appeared and answered, a claimant may
7		file a motion with the court for an innocent owner hearing
8		prior to trial. This motion shall be made and supported by
9		sworn affidavit and shall assert the following along with
10		specific facts which support each assertion:
11		(i) that the claimant filing the motion is the true
12		owner of the conveyance as interpreted by case law;
13		(ii) that the claimant was not legally accountable
14		for the conduct giving rise to the forfeiture or
15		acquiesced in the conduct;
16		(iii) that the claimant did not solicit, conspire,
17		or attempt to commit the conduct giving rise to the
18		forfeiture;
19		(iv) that the claimant did not know or did not have
20		reason to know that the conduct giving rise to the
21		forfeiture was likely to occur; and
22		(v) that the claimant did not hold the property for
23		the benefit of, or as nominee for any person whose
24		conduct gave rise to its forfeiture or if the owner or
25		interest holder acquired the interest through any
26		person, the owner or interest holder did not acquire it

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1		as a bona fide purchaser for value or acquired the
2		interest without knowledge of the seizure of the
3		property for forfeiture.
4		(2) The claimant shall include specific facts which
5		support these assertions in their motion.
6		(3) Upon this filing, a hearing may only be conducted
7		after the parties have been given the opportunity to
8		conduct limited discovery as to the ownership and control
9		of the property, the claimant's knowledge, or any matter
10		relevant to the issues raised or facts alleged in the
11		claimant's motion. Discovery shall be limited to the
12		People's requests in these areas but may proceed by any
13		means allowed in the Code of Civil Procedure.
14		(i) After discovery is complete and the court has
15		allowed for sufficient time to review and investigate
16		the discovery responses, the court shall conduct a
17		hearing. At the hearing, the fact that the conveyance
18		is subject to forfeiture shall not be at issue. The
19		court shall only hear evidence relating to the issue of
20		innocent ownership.
21		(ii) At the hearing on the motion, it shall be the
22		burden of the claimant to prove each of the assertions
23		listed in paragraph (1) of this subsection (x) by a
24		preponderance of the evidence.
25		(iii) If a claimant meets his burden of proof, the
26		court shall grant the motion and order the property

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1		returned to the claimant. If the claimant fails to meet
2		his or her burden of proof then the court shall deny
3		the motion.
4		(y) No property shall be forfeited under this Section from
5		a person who, without actual or constructive notice that the
6		property was the subject of forfeiture proceedings, obtained
7		possession of the property as a bona fide purchaser for value.
8		A person who purports to affect transfer of property after
9		receiving actual or constructive notice that the property is
10		subject to seizure or forfeiture is guilty of contempt of
11		court, and shall be liable to the State for a penalty in the
12		amount of the fair market value of the property.
13		(z) Forfeiture proceedings under this Section shall be
14		subject to the Code of Civil Procedure and the rules of
15		evidence relating to civil actions.
16		(aa) Return of property, damages, and costs.
17		(1) The law enforcement agency that holds custody of
18		property seized for forfeiture shall deliver property
19		ordered by the court to be returned or conveyed to the
20		claimant within a reasonable time not to exceed 7 days,
21		unless the order is stayed by the trial court or a
22		reviewing court pending an appeal, motion to reconsider, or
23		other reason.
24		(2) The law enforcement agency that holds custody of
25		property is responsible for any damages, storage fees, and
26		related costs applicable to property returned. The

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1		claimant shall not be subject to any charges by the State
2		for storage of the property or expenses incurred in the
3		preservation of the property. Charges for the towing of a
4		conveyance shall be borne by the claimant unless the
5		conveyance was towed for the sole reason of seizure for
6		forfeiture. This Section does not prohibit the imposition
7		of any fees or costs by a home rule unit of local
8		government related to the impoundment of a conveyance under
9		an ordinance enacted by the unit of government.
10		(3) A law enforcement agency shall not retain forfeited
11		property for its own use or transfer the property to any
12		person or entity, except as provided under this Section. A
13		law enforcement agency may apply in writing to the Director
14		of State Police to request that a forfeited property be
15		awarded to the agency for a specifically articulated
16		official law enforcement use in an investigation. The
17		Director of State Police shall provide a written
18		justification in each instance detailing the reasons why
19		the forfeited property was placed into official use and the
20		justification shall be retained for a period of not less
21		than 3 years.
22		(bb) The changes made to this Section by this amendatory
23		Act of the 100th General Assembly are subject to Sections 2 and
24		4 of the Statute on Statutes.
25		(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18.)

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1		(720 ILCS 5/29B-2 new)
2		Sec. 29B-2. Evidence in money laundering prosecutions.
3		In a prosecution under this Article, either party may
4		introduce the following evidence pertaining to the issue of
5		whether the property or proceeds were known to be some form of
6		criminally derived property or from some form of unlawful
7		activity:
8		(1) a financial transaction was conducted or
9		structured or attempted in violation of the reporting
10		requirements of any State or federal law;
11		(2) a financial transaction was conducted or attempted
12		with the use of a false or fictitious name or a forged
13		instrument;
14		(3) a falsely altered or completed written instrument
15		or a written instrument that contains any materially false
16		personal identifying information was made, used, offered
17		or presented, whether accepted or not, in connection with a
18		financial transaction;
19		(4) a financial transaction was structured or
20		attempted to be structured so as to falsely report the
21		actual consideration or value of the transaction;
22		(5) a money transmitter, a person engaged in a trade or
23		business, or any employee of a money transmitter or a
24		person engaged in a trade or business, knows or reasonably
25		should know that false personal identifying information
26		has been presented and incorporates the false personal

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1		identifying information into any report or record;
2		(6) the criminally derived property is transported or
3		possessed in a fashion inconsistent with the ordinary or
4		usual means of transportation or possession of the property
5		and where the property is discovered in the absence of any
6		documentation or other indicia of legitimate origin or
7		right to the property;
8		(7) a person pays or receives substantially less than
9		face value for one or more monetary instruments; or
10		(8) a person engages in a transaction involving one or
11		more monetary instruments, where the physical condition or
12		form of the monetary instrument or instruments makes it
13		apparent that they are not the product of bona fide
14		business or financial transactions.
15		(720 ILCS 5/29B-3 new)
16		Sec. 29B-3. Duty to enforce this Article.
17		(a) It is the duty of the Department of State Police, and
18		its agents, officers, and investigators, to enforce this
19		Article, except those provisions otherwise specifically
20		delegated, and to cooperate with all agencies charged with the
21		enforcement of the laws of the United States, or of any state,
22		relating to money laundering. Only an agent, officer, or
23		investigator designated by the Director may be authorized in
24		accordance with this Section to serve seizure notices,
25		warrants, subpoenas, and summonses under the authority of this

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1		State.
2		(b) An agent, officer, investigator, or peace officer
3		designated by the Director may: (1) make seizure of property
4		under this Article; and (2) perform other law enforcement
5		duties as the Director designates. It is the duty of all
6		State's Attorneys to prosecute violations of this Article and
7		institute legal proceedings as authorized under this Article.
8		(720 ILCS 5/29B-4 new)
9		Sec. 29B-4. Protective orders and warrants for forfeiture
10		purposes.
11		(a) Upon application of the State, the court may enter a
12		restraining order or injunction, require the execution of a
13		satisfactory performance bond, or take any other action to
14		preserve the availability of property described in Section
15		29B-5 of this Article for forfeiture under this Article:
16		(1) upon the filing of an indictment, information, or
17		complaint charging a violation of this Article for which
18		forfeiture may be ordered under this Article and alleging
19		that the property with respect to which the order is sought
20		would be subject to forfeiture under this Article; or
21		(2) prior to the filing of the indictment, information,
22		or complaint, if, after notice to persons appearing to have
23		an interest in the property and opportunity for a hearing,
24		the court determines that:
25		(A) there is probable cause to believe that the

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1		State will prevail on the issue of forfeiture and that
2		failure to enter the order will result in the property
3		being destroyed, removed from the jurisdiction of the
4		court, or otherwise made unavailable for forfeiture;
5		and
6		(B) the need to preserve the availability of the
7		property through the entry of the requested order
8		outweighs the hardship on any party against whom the
9		order is to be entered.
10		Provided, however, that an order entered under
11		paragraph (2) of this Section shall be effective for not
12		more than 90 days, unless extended by the court for good
13		cause shown or unless an indictment, information,
14		complaint, or administrative notice has been filed.
15		(b) A temporary restraining order under this subsection (b)
16		may be entered upon application of the State without notice or
17		opportunity for a hearing when an indictment, information,
18		complaint, or administrative notice has not yet been filed with
19		respect to the property, if the State demonstrates that there
20		is probable cause to believe that the property with respect to
21		which the order is sought would be subject to forfeiture under
22		this Article and that provision of notice will jeopardize the
23		availability of the property for forfeiture. The temporary
24		order shall expire not more than 30 days after the date on
25		which it is entered, unless extended for good cause shown or
26		unless the party against whom it is entered consents to an

SB0564 Engrossed - 110 - LRB100 04874 RLC 14884 b
1		extension for a longer period. A hearing requested concerning
2		an order entered under this subsection (b) shall be held at the
3		earliest possible time and prior to the expiration of the
4		temporary order.
5		(c) The court may receive and consider, at a hearing held
6		under this Section, evidence and information that would be
7		inadmissible under the Illinois rules of evidence.
8		(d) Under its authority to enter a pretrial restraining
9		order under this Section, the court may order a defendant to
10		repatriate any property that may be seized and forfeited and to
11		deposit that property pending trial with the Department of
12		State Police or another law enforcement agency designated by
13		the Department of State Police. Failure to comply with an order
14		under this Section is punishable as a civil or criminal
15		contempt of court.
16		(e) The State may request the issuance of a warrant
17		authorizing the seizure of property described in Section 29B-5
18		of this Article in the same manner as provided for a search
19		warrant. If the court determines that there is probable cause
20		to believe that the property to be seized would be subject to
21		forfeiture, the court shall issue a warrant authorizing the
22		seizure of that property.
23		(720 ILCS 5/29B-5 new)
24		Sec. 29B-5. Property subject to forfeiture. The following
25		are subject to forfeiture:

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1		(1) any property, real or personal, constituting, derived
2		from, or traceable to any proceeds the person obtained directly
3		or indirectly, as a result of a violation of this Article;
4		(2) any of the person's property used, or intended to be
5		used, in any manner or part, to commit, or to facilitate the
6		commission of, a violation of this Article;
7		(3) all conveyances, including aircraft, vehicles, or
8		vessels, which are used, or intended for use, to transport, or
9		in any manner to facilitate the transportation, sale, receipt,
10		possession, or concealment of property described in paragraphs
11		(1) and (2) of this Section, but:
12		(A) no conveyance used by any person as a common
13		carrier in the transaction of business as a common carrier
14		is subject to forfeiture under this Section unless it
15		appears that the owner or other person in charge of the
16		conveyance is a consenting party or privy to a violation of
17		this Article;
18		(B) no conveyance is subject to forfeiture under this
19		Article by reason of any act or omission which the owner
20		proves to have been committed or omitted without his or her
21		knowledge or consent;
22		(C) a forfeiture of a conveyance encumbered by a bona
23		fide security interest is subject to the interest of the
24		secured party if he or she neither had knowledge of nor
25		consented to the act or omission;
26		(4) all real property, including any right, title, and

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1		interest, including, but not limited to, any leasehold interest
2		or the beneficial interest in a land trust, in the whole of any
3		lot or tract of land and any appurtenances or improvements,
4		which is used or intended to be used, in any manner or part, to
5		commit, or in any manner to facilitate the commission of, any
6		violation of this Article or that is the proceeds of any
7		violation or act that constitutes a violation of this Article.
8		(720 ILCS 5/29B-6 new)
9		Sec. 29B-6. Seizure.
10		(a) Property subject to forfeiture under this Article may
11		be seized by the Director or any peace officer upon process or
12		seizure warrant issued by any court having jurisdiction over
13		the property. Seizure by the Director or any peace officer
14		without process may be made:
15		(1) if the seizure is incident to a seizure warrant;
16		(2) if the property subject to seizure has been the
17		subject of a prior judgment in favor of the State in a
18		criminal proceeding, or in an injunction or forfeiture
19		proceeding based upon this Article;
20		(3) if there is probable cause to believe that the
21		property is directly or indirectly dangerous to health or
22		safety;
23		(4) if there is probable cause to believe that the
24		property is subject to forfeiture under this Article and
25		the property is seized under circumstances in which a

SB0564 Engrossed - 113 - LRB100 04874 RLC 14884 b
1		warrantless seizure or arrest would be reasonable; or
2		(5) in accordance with the Code of Criminal Procedure
3		of 1963.
4		(b) In the event of seizure under subsection (a) of this
5		Section, forfeiture proceedings shall be instituted in
6		accordance with this Article.
7		(c) Actual physical seizure of real property subject to
8		forfeiture requires the issuance of a seizure warrant. Nothing
9		in this Article prohibits the constructive seizure of real
10		property through the filing of a complaint for forfeiture in
11		circuit court and the recording of a lis pendens against the
12		real property that is subject to forfeiture without any
13		hearing, warrant application, or judicial approval.
14		(720 ILCS 5/29B-7 new)
15		Sec. 29B-7. Safekeeping of seized property pending
16		disposition.
17		(a) If property is seized under this Article, the seizing
18		agency shall promptly conduct an inventory of the seized
19		property and estimate the property's value and shall forward a
20		copy of the inventory of seized property and the estimate of
21		the property's value to the Director. Upon receiving notice of
22		seizure, the Director may:
23		(1) place the property under seal;
24		(2) remove the property to a place designated by the
25		Director;

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1		(3) keep the property in the possession of the seizing
2		agency;
3		(4) remove the property to a storage area for
4		safekeeping or, if the property is a negotiable instrument
5		or money and is not needed for evidentiary purposes,
6		deposit it in an interest bearing account;
7		(5) place the property under constructive seizure by
8		posting notice of pending forfeiture on it, by giving
9		notice of pending forfeiture to its owners and interest
10		holders, or by filing notice of pending forfeiture in any
11		appropriate public record relating to the property; or
12		(6) provide for another agency or custodian, including
13		an owner, secured party, or lienholder, to take custody of
14		the property upon the terms and conditions set by the
15		Director.
16		(b) When property is forfeited under this Article, the
17		Director shall sell all the property unless the property is
18		required by law to be destroyed or is harmful to the public,
19		and shall distribute the proceeds of the sale, together with
20		any moneys forfeited or seized, under Section 29B-26 of this
21		Article.
22		(720 ILCS 5/29B-8 new)
23		Sec. 29B-8. Notice to State's Attorney. The law enforcement
24		agency seizing property for forfeiture under this Article
25		shall, within 60 days after seizure, notify the State's

SB0564 Engrossed - 115 - LRB100 04874 RLC 14884 b
1		Attorney for the county, either where an act or omission giving
2		rise to the forfeiture occurred or where the property was
3		seized, of the seizure of the property and the facts and
4		circumstances giving rise to the seizure and shall provide the
5		State's Attorney with the inventory of the property and its
6		estimated value. If the property seized for forfeiture is a
7		vehicle, the law enforcement agency seizing the property shall
8		immediately notify the Secretary of State that forfeiture
9		proceedings are pending regarding the vehicle. This notice
10		shall be by Form 4-64.
11		(720 ILCS 5/29B-9 new)
12		Sec. 29B-9. Preliminary review.
13		(a) Within 28 days of the seizure, the State shall seek a
14		preliminary determination from the circuit court as to whether
15		there is probable cause that the property may be subject to
16		forfeiture.
17		(b) The rules of evidence shall not apply to any proceeding
18		conducted under this Section.
19		(c) The court may conduct the review under subsection (a)
20		of this Section simultaneously with a proceeding under Section
21		109-1 of the Code of Criminal Procedure of 1963 for a related
22		criminal offense if a prosecution is commenced by information
23		or complaint.
24		(d) The court may accept a finding of probable cause at a
25		preliminary hearing following the filing of an information or

SB0564 Engrossed - 116 - LRB100 04874 RLC 14884 b
1		complaint charging a related criminal offense or following the
2		return of indictment by a grand jury charging the related
3		offense as sufficient evidence of probable cause as required
4		under subsection (a) of this Section.
5		(e) Upon a finding of probable cause as required under this
6		Section, the circuit court shall order the property subject to
7		the applicable forfeiture Act held until the conclusion of any
8		forfeiture proceeding.
9		(720 ILCS 5/29B-10 new)
10		Sec. 29B-10. Notice to owner or interest holder.
11		(a) The first attempted service of notice shall be
12		commenced within 28 days of the latter of filing of the
13		verified claim or the receipt of the notice from the seizing
14		agency by Form 4-64. A complaint for forfeiture or a notice of
15		pending forfeiture shall be served on a claimant if the owner's
16		or interest holder's name and current address are known, then
17		by either: (1) personal service; or (2) mailing a copy of the
18		notice by certified mail, return receipt requested, and first
19		class mail to that address.
20		(b) If no signed return receipt is received by the State's
21		Attorney within 28 days of mailing or no communication from the
22		owner or interest holder is received by the State's Attorney
23		documenting actual notice by the parties, the State's Attorney
24		shall, within a reasonable period of time, mail a second copy
25		of the notice by certified mail, return receipt requested, and

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1		first class mail to that address. If no signed return receipt
2		is received by the State's Attorney within 28 days of the
3		second mailing, or no communication from the owner or interest
4		holder is received by the State's Attorney documenting actual
5		notice by the parties, the State's Attorney shall have 60 days
6		to attempt to serve the notice by personal service, including
7		substitute service by leaving a copy at the usual place of
8		abode with some person of the family or a person residing
9		there, of the age of 13 years or upwards. If, after 3 attempts
10		at service in this manner, no service of the notice is
11		accomplished, the notice shall be posted in a conspicuous
12		manner at the address and service shall be made by the posting.
13		The attempts at service and the posting if required, shall be
14		documented by the person attempting service which shall be made
15		part of a return of service returned to the State's Attorney.
16		The State's Attorney may utilize any Sheriff or Deputy Sheriff,
17		a peace officer, a private process server or investigator, or
18		an employee, agent, or investigator of the State's Attorney's
19		Office to attempt service without seeking leave of court.
20		(c) After the procedures listed are followed, service shall
21		be effective on the owner or interest holder on the date of
22		receipt by the State's Attorney of a return receipt, or on the
23		date of receipt of a communication from an owner or interest
24		holder documenting actual notice, whichever is first in time,
25		or on the date of the last act performed by the State's
26		Attorney in attempting personal service. For purposes of notice

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1		under this Section, if a person has been arrested for the
2		conduct giving rise to the forfeiture, the address provided to
3		the arresting agency at the time of arrest shall be deemed to
4		be that person's known address. Provided, however, if an owner
5		or interest holder's address changes prior to the effective
6		date of the notice of pending forfeiture, the owner or interest
7		holder shall promptly notify the seizing agency of the change
8		in address or, if the owner or interest holder's address
9		changes subsequent to the effective date of the notice of
10		pending forfeiture, the owner or interest holder shall promptly
11		notify the State's Attorney of the change in address. If the
12		property seized is a conveyance, notice shall also be directed
13		to the address reflected in the office of the agency or
14		official in which title to or interest in the conveyance is
15		required by law to be recorded.
16		(d) If the owner's or interest holder's address is not
17		known, and is not on record as provided in this Section,
18		service by publication for 3 successive weeks in a newspaper of
19		general circulation in the county in which the seizure occurred
20		shall suffice for service requirements.
21		(e) Notice to any business entity, corporation, limited
22		liability company, limited liability partnership, or
23		partnership shall be completed by a single mailing of a copy of
24		the notice by certified mail, return receipt requested, and
25		first class mail to that address. This notice is complete
26		regardless of the return of a signed return receipt.

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1		(f) Notice to a person whose address is not within the
2		State shall be completed by a single mailing of a copy of the
3		notice by certified mail, return receipt requested, and first
4		class mail to that address. This notice is complete regardless
5		of the return of a signed return receipt.
6		(g) Notice to a person whose address is not within the
7		United States shall be completed by a single mailing of a copy
8		of the notice by certified mail, return receipt requested, and
9		first class mail to that address. This notice is complete
10		regardless of the return of a signed return receipt. If
11		certified mail is not available in the foreign country where
12		the person has an address, notice shall proceed by publication
13		requirements under subsection (d) of this Section.
14		(h) A person whom the State's Attorney reasonably should
15		know is incarcerated within this State, shall also include,
16		mailing a copy of the notice by certified mail, return receipt
17		requested, and first class mail to the address of the detention
18		facility with the inmate's name clearly marked on the envelope.
19		(i) After a claimant files a verified claim with the
20		State's Attorney and provides an address at which the claimant
21		will accept service, the complaint shall be served and notice
22		shall be complete upon the mailing of the complaint to the
23		claimant at the address the claimant provided via certified
24		mail, return receipt requested, and first class mail. No return
25		receipt need be received, or any other attempts at service need
26		be made to comply with service and notice requirements under

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1		this Section. This certified mailing, return receipt
2		requested, shall be proof of service of the complaint on the
3		claimant. If notice is to be shown by actual notice from
4		communication with a claimant, then the State's Attorney shall
5		file an affidavit as proof of service, providing details of the
6		communication, which shall be accepted as proof of service by
7		the court.
8		(j) If the property seized is a conveyance, to the address
9		reflected in the office of the agency or official in which
10		title to or interest in the conveyance is required by law to be
11		recorded, then by mailing a copy of the notice by certified
12		mail, return receipt requested, to that address.
13		(k) Notice served under this Article is effective upon
14		personal service, the last date of publication, or the mailing
15		of written notice, whichever is earlier.
16		(720 ILCS 5/29B-11 new)
17		Sec. 29B-11. Replevin prohibited. Property taken or
18		detained under this Article shall not be subject to replevin,
19		but is deemed to be in the custody of the Director subject only
20		to the order and judgments of the circuit court having
21		jurisdiction over the forfeiture proceedings and the decisions
22		of the State's Attorney under this Article.
23		(720 ILCS 5/29B-12 new)
24		Sec. 29B-12. Non-judicial forfeiture. If non-real

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1		property that exceeds $20,000 in value excluding the value of
2		any conveyance, or if real property is seized under the
3		provisions of this Article, the State's Attorney shall
4		institute judicial in rem forfeiture proceedings as described
5		in Section 29B-13 of this Article within 28 days from receipt
6		of notice of seizure from the seizing agency under Section
7		29B-8 of this Article. However, if non-real property that does
8		not exceed $20,000 in value excluding the value of any
9		conveyance is seized, the following procedure shall be used:
10		(1) If, after review of the facts surrounding the seizure,
11		the State's Attorney is of the opinion that the seized property
12		is subject to forfeiture, then within 28 days after the receipt
13		of notice of seizure from the seizing agency, the State's
14		Attorney shall cause notice of pending forfeiture to be given
15		to the owner of the property and all known interest holders of
16		the property in accordance with Section 29B-10 of this Article.
17		(2) The notice of pending forfeiture shall include a
18		description of the property, the estimated value of the
19		property, the date and place of seizure, the conduct giving
20		rise to forfeiture or the violation of law alleged, and a
21		summary of procedures and procedural rights applicable to the
22		forfeiture action.
23		(3)(A) Any person claiming an interest in property that is
24		the subject of notice under paragraph (1) of this Section,
25		must, in order to preserve any rights or claims to the
26		property, within 45 days after the effective date of notice as

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1		described in Section 29B-10 of this Article, file a verified
2		claim with the State's Attorney expressing his or her interest
3		in the property. The claim shall set forth:
4		(i) the caption of the proceedings as set forth on the
5		notice of pending forfeiture and the name of the claimant;
6		(ii) the address at which the claimant will accept
7		mail;
8		(iii) the nature and extent of the claimant's interest
9		in the property;
10		(iv) the date, identity of the transferor, and
11		circumstances of the claimant's acquisition of the
12		interest in the property;
13		(v) the names and addresses of all other persons known
14		to have an interest in the property;
15		(vi) the specific provision of law relied on in
16		asserting the property is not subject to forfeiture;
17		(vii) all essential facts supporting each assertion;
18		and
19		(viii) the relief sought.
20		(B) If a claimant files the claim, then the State's
21		Attorney shall institute judicial in rem forfeiture
22		proceedings with the clerk of the court as described in Section
23		29B-13 of this Article within 28 days after receipt of the
24		claim.
25		(4) If no claim is filed within the 28-day period as
26		described in paragraph (3) of this Section, the State's

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1		Attorney shall declare the property forfeited and shall
2		promptly notify the owner and all known interest holders of the
3		property and the Director of State Police of the declaration of
4		forfeiture and the Director shall dispose of the property in
5		accordance with law.
6		(720 ILCS 5/29B-13 new)
7		Sec. 29B-13. Judicial in rem procedures. If property seized
8		under this Article is non-real property that exceeds $20,000 in
9		value excluding the value of any conveyance, or is real
10		property, or a claimant has filed a claim under paragraph (3)
11		of Section 29B-12 of this Article, the following judicial in
12		rem procedures shall apply:
13		(1) If, after a review of the facts surrounding the
14		seizure, the State's Attorney is of the opinion that the seized
15		property is subject to forfeiture, then within 28 days of the
16		receipt of notice of seizure by the seizing agency or the
17		filing of the claim, whichever is later, the State's Attorney
18		shall institute judicial forfeiture proceedings by filing a
19		verified complaint for forfeiture. If authorized by law, a
20		forfeiture shall be ordered by a court on an action in rem
21		brought by a State's Attorney under a verified complaint for
22		forfeiture.
23		(2) A complaint of forfeiture shall include:
24		(A) a description of the property seized;
25		(B) the date and place of seizure of the property;

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1		(C) the name and address of the law enforcement agency
2		making the seizure; and
3		(D) the specific statutory and factual grounds for the
4		seizure.
5		(3) The complaint shall be served upon the person from whom
6		the property was seized and all persons known or reasonably
7		believed by the State to claim an interest in the property, as
8		provided in Section 29B-10 of this Article. The complaint shall
9		be accompanied by the following written notice:
10		"This is a civil court proceeding subject to the Code of
11		Civil Procedure. You received this Complaint of Forfeiture
12		because the State's Attorney's office has brought a legal
13		action seeking forfeiture of your seized property. This
14		complaint starts the court process where the State seeks to
15		prove that your property should be forfeited and not returned
16		to you. This process is also your opportunity to try to prove
17		to a judge that you should get your property back. The
18		complaint lists the date, time, and location of your first
19		court date. You must appear in court on that day, or you may
20		lose the case automatically. You must also file an appearance
21		and answer. If you are unable to pay the appearance fee, you
22		may qualify to have the fee waived. If there is a criminal case
23		related to the seizure of your property, your case may be set
24		for trial after the criminal case has been resolved. Before
25		trial, the judge may allow discovery, where the State can ask
26		you to respond in writing to questions and give them certain

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1		documents, and you can make similar requests of the State. The
2		trial is your opportunity to explain what happened when your
3		property was seized and why you should get the property back."
4		(4) Forfeiture proceedings under this Article shall be
5		subject to the Code of Civil Procedure and the rules of
6		evidence relating to civil actions shall apply to proceedings
7		under this Article with the following exception. The parties
8		shall be allowed to use, and the court shall receive and
9		consider, all relevant hearsay evidence that relates to
10		evidentiary foundation, chain of custody, business records,
11		recordings, laboratory analysis, laboratory reports, and
12		relevant hearsay related to the use of technology in the
13		investigation that resulted in the seizure of property that is
14		subject to the forfeiture action.
15		(5) Only an owner of or interest holder in the property may
16		file an answer asserting a claim against the property in the
17		action in rem. For purposes of this Section, the owner or
18		interest holder shall be referred to as claimant. Upon motion
19		of the State, the court shall first hold a hearing, in which a
20		claimant shall establish by a preponderance of the evidence,
21		that he or she has a lawful, legitimate ownership interest in
22		the property and that it was obtained through a lawful source.
23		(6) The answer must be signed by the owner or interest
24		holder under penalty of perjury and shall set forth:
25		(A) the caption of the proceedings as set forth on the
26		notice of pending forfeiture and the name of the claimant;

SB0564 Engrossed - 126 - LRB100 04874 RLC 14884 b
1		(B) the address at which the claimant will accept mail;
2		(C) the nature and extent of the claimant's interest in
3		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 names and addresses of all other persons known
8		to have an interest in the property;
9		(F) all essential facts supporting each assertion;
10		(G) the precise relief sought;
11		(H) in a forfeiture action involving currency or its
12		equivalent, a claimant shall provide the State with notice
13		of his or her intent to allege that the currency or its
14		equivalent is not related to the alleged factual basis for
15		the forfeiture, and why; and
16		(I) the answer shall follow the rules under the Code of
17		Civil Procedure.
18		(7) The answer shall be filed with the court within 45 days
19		after service of the civil in rem complaint.
20		(8) The hearing shall be held within 60 days after filing
21		of the answer unless continued for good cause.
22		(9) At the judicial in rem proceeding, in the State's case
23		in chief, the State shall show by a preponderance of the
24		evidence that the property is subject to forfeiture. If the
25		State makes such a showing, the claimant shall have the burden
26		of production to set forth evidence that the property is not

SB0564 Engrossed - 127 - LRB100 04874 RLC 14884 b
1		related to the alleged factual basis of the forfeiture. After
2		this production of evidence, the State shall maintain the
3		burden of proof to overcome this assertion. A claimant shall
4		provide the State notice of its intent to allege that the
5		currency or its equivalent is not related to the alleged
6		factual basis of the forfeiture and why. As to conveyances, at
7		the judicial in rem proceeding, in its case in chief, the State
8		shall show by a preponderance of the evidence, that (A) the
9		property is subject to forfeiture; and (B) at least one of the
10		following:
11		(i) that the claimant was legally accountable for the
12		conduct giving rise to the forfeiture;
13		(ii) that the claimant knew or reasonably should have
14		known of the conduct giving rise to the forfeiture;
15		(iii) that the claimant knew or reasonably should have
16		known that the conduct giving rise to the forfeiture was
17		likely to occur;
18		(iv) that the claimant held the property for the
19		benefit of, or as nominee for, any person whose conduct
20		gave rise to its forfeiture;
21		(v) that if the claimant acquired the interest through
22		any person engaging in any of the conduct described above
23		or conduct giving rise to the forfeiture:
24		(a) the claimant did not acquire it as a bona fide
25		purchaser for value; or
26		(b) the claimant acquired the interest under the

SB0564 Engrossed - 128 - LRB100 04874 RLC 14884 b
1		circumstances that the claimant reasonably should have
2		known the property was derived from, or used in, the
3		conduct giving rise to the forfeiture; or
4		(vi) that the claimant is not the true owner of the
5		property that is subject to forfeiture.
6		(10) If the State does not meet its burden to show that the
7		property is subject to forfeiture, the court shall order the
8		interest in the property returned or conveyed to the claimant
9		and shall order all other property forfeited to the State. If
10		the State does meet its burden to show that the property is
11		subject to forfeiture, the court shall order all property
12		forfeited to the State.
13		(11) A defendant convicted in any criminal proceeding is
14		precluded from later denying the essential allegations of the
15		criminal offense of which the defendant was convicted in any
16		proceeding under this Article regardless of the pendency of an
17		appeal from that conviction. However, evidence of the pendency
18		of an appeal is admissible.
19		(12) On a motion by the parties, the court may stay civil
20		forfeiture proceedings during the criminal trial for a related
21		criminal indictment or information alleging a money laundering
22		violation. Such a stay shall not be available pending an
23		appeal. Property subject to forfeiture under this Article shall
24		not be subject to return or release by a court exercising
25		jurisdiction over a criminal case involving the seizure of the
26		property unless the return or release is consented to by the

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1		State's Attorney.
2		(720 ILCS 5/29B-14 new)
3		Sec. 29B-14. Innocent owner hearing.
4		(a) After a complaint for forfeiture has been filed and all
5		claimants have appeared and answered, a claimant may file a
6		motion with the court for an innocent owner hearing prior to
7		trial. This motion shall be made and supported by sworn
8		affidavit and shall assert the following along with specific
9		facts that support each assertion:
10		(1) that the claimant filing the motion is the true
11		owner of the conveyance as interpreted by case law;
12		(2) that the claimant was not legally accountable for
13		the conduct giving rise to the forfeiture or acquiesced in
14		the conduct;
15		(3) that the claimant did not solicit, conspire, or
16		attempt to commit the conduct giving rise to the
17		forfeiture;
18		(4) that the claimant did not know or did not have
19		reason to know that the conduct giving rise to the
20		forfeiture was likely to occur; and
21		(5) that the claimant did not hold the property for the
22		benefit of, or as nominee for any person whose conduct gave
23		rise to its forfeiture or if the owner or interest holder
24		acquired the interest through any person, the owner or
25		interest holder did not acquire it as a bona fide purchaser

SB0564 Engrossed - 130 - LRB100 04874 RLC 14884 b
1		for value or acquired the interest without knowledge of the
2		seizure of the property for forfeiture.
3		(b) The claimant's motion shall include specific facts
4		supporting these assertions.
5		(c) Upon this filing, a hearing may only be conducted after
6		the parties have been given the opportunity to conduct limited
7		discovery as to the ownership and control of the property, the
8		claimant's knowledge, or any matter relevant to the issues
9		raised or facts alleged in the claimant's motion. Discovery
10		shall be limited to the People's requests in these areas but
11		may proceed by any means allowed in the Code of Civil
12		Procedure.
13		(1) After discovery is complete and the court has
14		allowed for sufficient time to review and investigate the
15		discovery responses, the court shall conduct a hearing. At
16		the hearing, the fact that the conveyance is subject to
17		forfeiture shall not be at issue. The court shall only hear
18		evidence relating to the issue of innocent ownership.
19		(2) At the hearing on the motion, it shall be the
20		burden of the claimant to prove each of the assertions
21		listed in subsection (a) of this Section by a preponderance
22		of the evidence.
23		(3) If a claimant meets his or her burden of proof, the
24		court shall grant the motion and order the property
25		returned to the claimant. If the claimant fails to meet his
26		or her burden of proof, then the court shall deny the

SB0564 Engrossed - 131 - LRB100 04874 RLC 14884 b
1		motion and the forfeiture case shall proceed according to
2		the Code of Civil Procedure.
3		(720 ILCS 5/29B-15 new)
4		Sec. 29B-15. Burden and commencement of forfeiture action.
5		(a) Notwithstanding any other provision of this Article,
6		the State's burden of proof at the trial of the forfeiture
7		action shall be by clear and convincing evidence if:
8		(1) a finding of not guilty is entered as to all counts
9		and all defendants in a criminal proceeding relating to the
10		conduct giving rise to the forfeiture action; or
11		(2) the State receives an adverse finding at a
12		preliminary hearing and fails to secure an indictment in a
13		criminal proceeding relating to the factual allegations of
14		the forfeiture action.
15		(b) All property declared forfeited under this Article
16		vests in the State on the commission of the conduct giving rise
17		to forfeiture together with the proceeds of the property after
18		that time. Except as otherwise provided in this Article, title
19		to any property or proceeds subject to forfeiture subsequently
20		transferred to any person remain subject to forfeiture and
21		thereafter shall be ordered forfeited unless the person to whom
22		the property was transferred makes an appropriate claim and has
23		his or her claim adjudicated at the judicial in rem hearing.
24		(c) A civil action under this Article shall be commenced
25		within 5 years after the last conduct giving rise to forfeiture

SB0564 Engrossed - 132 - LRB100 04874 RLC 14884 b
1		became known or should have become known or 5 years after the
2		forfeitable property is discovered, whichever is later,
3		excluding any time during which either the property or claimant
4		is out of the State or in confinement or during which criminal
5		proceedings relating to the same conduct are in progress.
6		(720 ILCS 5/29B-16 new)
7		Sec. 29B-16. Joint tenancy or tenancy in common. If
8		property is ordered forfeited under this Section from a
9		claimant who held title to the property in joint tenancy or
10		tenancy in common with another claimant, the court shall
11		determine the amount of each owner's interest in the property
12		according to principles of property law.
13		(720 ILCS 5/29B-17 new)
14		Sec. 29B-17. Exception for bona fide purchasers. No
15		property shall be forfeited under this Article from a person
16		who, without actual or constructive notice that the property
17		was the subject of forfeiture proceedings, obtained possession
18		of the property as a bona fide purchaser for value. A person
19		who purports to affect transfer of property after receiving
20		actual or constructive notice that the property is subject to
21		seizure or forfeiture is guilty of contempt of court, and shall
22		be liable to the State for a penalty in the amount of the fair
23		market value of the property.

SB0564 Engrossed - 133 - LRB100 04874 RLC 14884 b
1		(720 ILCS 5/29B-18 new)
2		Sec. 29B-18. Proportionality. Property that is forfeited
3		shall be subject to an 8th Amendment to the United States
4		Constitution disproportionate penalties analysis and the
5		property forfeiture may be denied in whole or in part if the
6		court finds that the forfeiture would constitute an excessive
7		fine in violation of the 8th Amendment as interpreted by case
8		law.
9		(720 ILCS 5/29B-19 new)
10		Sec. 29B-19. Stay of time periods. If property is seized
11		for evidence and for forfeiture, the time periods for
12		instituting judicial and non-judicial forfeiture proceedings
13		shall not begin until the property is no longer necessary for
14		evidence.
15		(720 ILCS 5/29B-20 new)
16		Sec. 29B-20. Settlement of claims. Notwithstanding other
17		provisions of this Article, the State's Attorney and a claimant
18		of seized property may enter into an agreed-upon settlement
19		concerning the seized property in such an amount and upon such
20		terms as are set out in writing in a settlement agreement. All
21		proceeds from a settlement agreement shall be tendered to the
22		Department of State Police and distributed under Section 29B-26
23		of this Article.

SB0564 Engrossed - 134 - LRB100 04874 RLC 14884 b
1		(720 ILCS 5/29B-21 new)
2		Sec. 29B-21. Attorney's fees. Nothing in this Article
3		applies to property that constitutes reasonable bona fide
4		attorney's fees paid to an attorney for services rendered or to
5		be rendered in the forfeiture proceeding or criminal proceeding
6		relating directly thereto if the property was paid before its
7		seizure, before the issuance of any seizure warrant or court
8		order prohibiting transfer of the property and if the attorney,
9		at the time he or she received the property did not know that
10		it was property subject to forfeiture under this Article.
11		(720 ILCS 5/29B-22 new)
12		Sec. 29B-22. Construction.
13		(a) It is the intent of the General Assembly that the
14		forfeiture provisions of this Article be liberally construed so
15		as to effect their remedial purpose. The forfeiture of property
16		and other remedies under this Article shall be considered to be
17		in addition to, and not exclusive of, any sentence or other
18		remedy provided by law.
19		(b) The changes made to this Article by Public Act 100-0512
20		and this amendatory Act of the 100th General Assembly are
21		subject to Section 2 of the Statute on Statutes.
22		(720 ILCS 5/29B-23 new)
23		Sec. 29B-23. Judicial review. If property has been declared
24		forfeited under Section 29B-12 of this Article, any person who

SB0564 Engrossed - 135 - LRB100 04874 RLC 14884 b
1		has an interest in the property declared forfeited may, within
2		30 days after the effective date of the notice of the
3		declaration of forfeiture, file a claim as described in
4		paragraph (3) of Section 29B-12 of this Article. If a claim is
5		filed under this Section, then the procedures described in
6		Section of 29B-13 of this Article apply.
7		(720 ILCS 5/29B-24 new)
8		Sec. 29B-24. Review of administrative decisions. All
9		administrative findings, rulings, final determinations,
10		findings, and conclusions of the State's Attorney's Office
11		under this Article are final and conclusive decisions of the
12		matters involved. Any person aggrieved by the decision may
13		obtain review of the decision under the provisions of the
14		Administrative Review Law and the rules adopted under that Law.
15		Pending final decision on such review, the administrative acts,
16		orders, and rulings of the State's Attorney's Office remain in
17		full force and effect unless modified or suspended by order of
18		court pending final judicial decision. Pending final decision
19		on such review, the acts, orders, and rulings of the State's
20		Attorney's Office remain in full force and effect, unless
21		stayed by order of court. However, no stay of any decision of
22		the administrative agency shall issue unless the person
23		aggrieved by the decision establishes by a preponderance of the
24		evidence that good cause exists for the stay. In determining
25		good cause, the court shall find that the aggrieved party has

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1		established a substantial likelihood of prevailing on the
2		merits and that granting the stay will not have an injurious
3		effect on the general public.
4		(720 ILCS 5/29B-25 new)
5		Sec. 29B-25. Return of property, damages, and costs.
6		(a) The law enforcement agency that holds custody of
7		property seized for forfeiture shall deliver property ordered
8		by the court to be returned or conveyed to the claimant within
9		a reasonable time not to exceed 7 days, unless the order is
10		stayed by the trial court or a reviewing court pending an
11		appeal, motion to reconsider, or other reason.
12		(b) The law enforcement agency that holds custody of
13		property is responsible for any damages, storage fees, and
14		related costs applicable to property returned. The claimant
15		shall not be subject to any charges by the State for storage of
16		the property or expenses incurred in the preservation of the
17		property. Charges for the towing of a conveyance shall be borne
18		by the claimant unless the conveyance was towed for the sole
19		reason of seizure for forfeiture. This Section does not
20		prohibit the imposition of any fees or costs by a home rule
21		unit of local government related to the impoundment of a
22		conveyance under an ordinance enacted by the unit of
23		government.
24		(c) A law enforcement agency shall not retain forfeited
25		property for its own use or transfer the property to any person

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1		or entity, except as provided under this Section. A law
2		enforcement agency may apply in writing to the Director of
3		State Police to request that forfeited property be awarded to
4		the agency for a specifically articulated official law
5		enforcement use in an investigation. The Director shall provide
6		a written justification in each instance detailing the reasons
7		why the forfeited property was placed into official use and the
8		justification shall be retained for a period of not less than 3
9		years.
10		(d) A claimant or a party interested in personal property
11		contained within a seized conveyance may file a request with
12		the State's Attorney in a non-judicial forfeiture action, or a
13		motion with the court in a judicial forfeiture action for the
14		return of any personal property contained within a conveyance
15		that is seized under this Article. The return of personal
16		property shall not be unreasonably withheld if the personal
17		property is not mechanically or electrically coupled to the
18		conveyance, needed for evidentiary purposes, or otherwise
19		contraband. Any law enforcement agency that returns property
20		under a court order under this Section shall not be liable to
21		any person who claims ownership to the property if it is
22		returned to an improper party.
23		(720 ILCS 5/29B-26 new)
24		Sec. 29B-26. Distribution of proceeds.
25		All monies and the sale proceeds of all other property

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1		forfeited and seized under this Article shall be distributed as
2		follows:
3		(1) 65% shall be distributed to the metropolitan
4		enforcement group, local, municipal, county, or State law
5		enforcement agency or agencies that conducted or
6		participated in the investigation resulting in the
7		forfeiture. The distribution shall bear a reasonable
8		relationship to the degree of direct participation of the
9		law enforcement agency in the effort resulting in the
10		forfeiture, taking into account the total value of the
11		property forfeited and the total law enforcement effort
12		with respect to the violation of the law upon which the
13		forfeiture is based. Amounts distributed to the agency or
14		agencies shall be used for the enforcement of laws.
15		(2)(i) 12.5% shall be distributed to the Office of the
16		State's Attorney of the county in which the prosecution
17		resulting in the forfeiture was instituted, deposited in a
18		special fund in the county treasury and appropriated to the
19		State's Attorney for use in the enforcement of laws. In
20		counties over 3,000,000 population, 25% shall be
21		distributed to the Office of the State's Attorney for use
22		in the enforcement of laws. If the prosecution is
23		undertaken solely by the Attorney General, the portion
24		provided under this subparagraph (i) shall be distributed
25		to the Attorney General for use in the enforcement of laws.
26		(ii) 12.5% shall be distributed to the Office of the

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1		State's Attorneys Appellate Prosecutor and deposited in
2		the Narcotics Profit Forfeiture Fund of that office to be
3		used for additional expenses incurred in the
4		investigation, prosecution, and appeal of cases arising
5		under laws. The Office of the State's Attorneys Appellate
6		Prosecutor shall not receive distribution from cases
7		brought in counties with over 3,000,000 population.
8		(3) 10% shall be retained by the Department of State Police
9		for expenses related to the administration and sale of seized
10		and forfeited property.
11		Moneys and the sale proceeds distributed to the Department
12		of State Police under this Article shall be deposited in the
13		Money Laundering Asset Recovery Fund created in the State
14		treasury and shall be used by the Department of State Police
15		for State law enforcement purposes. All moneys and sale
16		proceeds of property forfeited and seized under this Article
17		and distributed according to this Section may also be used to
18		purchase opioid antagonists as defined in Section 5-23 of the
19		Alcoholism and Other Drug Abuse and Dependency Act.
20		(720 ILCS 5/29B-27 new)
21		Sec. 29B-27. Applicability; savings clause.
22		(a) The changes made to this Article by Public Act 100-0512
23		and this amendatory Act of the 100th General Assembly only
24		apply to property seized on and after July 1, 2018.
25		(b) The changes made to this Article by this amendatory Act

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1		of the 100th General Assembly are subject to Section 4 of the
2		Statute on Statutes.
3		(720 ILCS 5/33G-6)
4		(Text of Section before amendment by P.A. 100-512)
5		(Section scheduled to be repealed on June 11, 2022)
6		Sec. 33G-6. Remedial proceedings, procedures, and
7		forfeiture. Under this Article:
8		(a) The circuit court shall have jurisdiction to prevent
9		and restrain violations of this Article by issuing appropriate
10		orders, including:
11		(1) ordering any person to disgorge illicit proceeds
12		obtained by a violation of this Article or divest himself
13		or herself of any interest, direct or indirect, in any
14		enterprise or real or personal property of any character,
15		including money, obtained, directly or indirectly, by a
16		violation of this Article;
17		(2) imposing reasonable restrictions on the future
18		activities or investments of any person or enterprise,
19		including prohibiting any person or enterprise from
20		engaging in the same type of endeavor as the person or
21		enterprise engaged in, that violated this Article; or
22		(3) ordering dissolution or reorganization of any
23		enterprise, making due provision for the rights of innocent
24		persons.
25		(b) Any violation of this Article is subject to the

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1		remedies, procedures, and forfeiture as set forth in
2		subsections (f) through (s) of Section 29B-1 of this Code.
3		(Source: P.A. 97-686, eff. 6-11-12.)
4		(Text of Section after amendment by P.A. 100-512)
5		(Section scheduled to be repealed on June 11, 2022)
6		Sec. 33G-6. Remedial proceedings, procedures, and
7		forfeiture. Under this Article:
8		(a) The circuit court shall have jurisdiction to prevent
9		and restrain violations of this Article by issuing appropriate
10		orders, including:
11		(1) ordering any person to disgorge illicit proceeds
12		obtained by a violation of this Article or divest himself
13		or herself of any interest, direct or indirect, in any
14		enterprise or real or personal property of any character,
15		including money, obtained, directly or indirectly, by a
16		violation of this Article;
17		(2) imposing reasonable restrictions on the future
18		activities or investments of any person or enterprise,
19		including prohibiting any person or enterprise from
20		engaging in the same type of endeavor as the person or
21		enterprise engaged in, that violated this Article; or
22		(3) ordering dissolution or reorganization of any
23		enterprise, making due provision for the rights of innocent
24		persons.
25		(b) Any violation of this Article is subject to the

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1		remedies, procedures, and forfeiture as set forth in Article
2		29B subsections (f) through (s) of Section 29B-1 of this Code.
3		(c) Property seized or forfeited under this Article is
4		subject to reporting under the Seizure and Forfeiture Reporting
5		Act.
6		(Source: P.A. 100-512, eff. 7-1-18.)
7		(720 ILCS 5/36-1.1)
8		(This Section may contain text from a Public Act with a
9		delayed effective date)
10		Sec. 36-1.1. Seizure.
11		(a) Any property subject to forfeiture under this Article
12		may be seized and impounded by the Director of State Police or
13		any peace officer upon process or seizure warrant issued by any
14		court having jurisdiction over the property.
15		(b) Any property subject to forfeiture under this Article
16		may be seized and impounded by the Director of State Police or
17		any peace officer without process if there is probable cause to
18		believe that the property is subject to forfeiture under
19		Section 36-1 of this Article and the property is seized under
20		circumstances in which a warrantless seizure or arrest would be
21		reasonable.
22		(c) If the seized property is a conveyance, an
23		investigation shall be made by the law enforcement agency as to
24		any person whose right, title, interest, or lien is of record
25		in the office of the agency or official in which title to or

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1		interest in to the conveyance is required by law to be
2		recorded.
3		(d) After seizure under this Section, notice shall be given
4		to all known interest holders that forfeiture proceedings,
5		including a preliminary review, may be instituted and the
6		proceedings may be instituted under this Article.
7		(Source: P.A. 100-512, eff. 7-1-18.)
8		(720 ILCS 5/36-1.3)
9		(This Section may contain text from a Public Act with a
10		delayed effective date)
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 Director of State Police, subject only to
15		the order and judgments of the circuit court having
16		jurisdiction over the forfeiture proceedings and the decisions
17		of the State's Attorney under this Article.
18		(b) If property is seized under this Article, the seizing
19		agency shall promptly conduct an inventory of the seized
20		property and estimate the property's value, and shall forward a
21		copy of the inventory of seized property and the estimate of
22		the property's value to the Director of State Police. Upon
23		receiving notice of seizure, the Director of State Police may:
24		(1) place the property under seal;
25		(2) remove the property to a place designated by the

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1		Director of State Police;
2		(3) keep the property in the possession of the seizing
3		agency;
4		(4) remove the property to a storage area for
5		safekeeping; or
6		(5) place the property under constructive seizure by
7		posting notice of pending forfeiture on it, by giving
8		notice of pending forfeiture to its owners and interest
9		holders, or by filing notice of pending forfeiture in any
10		appropriate public record relating to the property; or
11		(6) provide for another agency or custodian, including
12		an owner, secured party, or lienholder, to take custody of
13		the property upon the terms and conditions set by the
14		seizing agency.
15		(c) The seizing agency shall exercise ordinary care to
16		protect the subject of the forfeiture from negligent loss,
17		damage, or destruction.
18		(d) Property seized or forfeited under this Article is
19		subject to reporting under the Seizure and Forfeiture Reporting
20		Act.
21		(Source: P.A. 100-512, eff. 7-1-18.)
22		(720 ILCS 5/36-1.4)
23		(This Section may contain text from a Public Act with a
24		delayed effective date)
25		Sec. 36-1.4. Notice to State's Attorney. The law

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1		enforcement agency seizing property for forfeiture under this
2		Article shall, as soon as practicable but not later than 28
3		days after the seizure, notify the State's Attorney for the
4		county in which an act or omission giving rise to the seizure
5		occurred or in which the property was seized and the facts and
6		circumstances giving rise to the seizure, and shall provide the
7		State's Attorney with the inventory of the property and its
8		estimated value. The notice shall be by the delivery of
9		Illinois State Police Notice/Inventory of Seized Property
10		(Form 4-64) the form 4-64. If the property seized for
11		forfeiture is a vehicle, the law enforcement agency seizing the
12		property shall immediately notify the Secretary of State that
13		forfeiture proceedings are pending regarding the vehicle.
14		(Source: P.A. 100-512, eff. 7-1-18.)
15		(720 ILCS 5/36-1.5)
16		(Text of Section before amendment by P.A. 100-512)
17		Sec. 36-1.5. Preliminary review.
18		(a) Within 14 days of the seizure, the State's Attorney in
19		the county in which the seizure occurred shall seek a
20		preliminary determination from the circuit court as to whether
21		there is probable cause that the property may be subject to
22		forfeiture.
23		(b) The rules of evidence shall not apply to any proceeding
24		conducted under this Section.
25		(c) The court may conduct the review under subsection (a)

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1		simultaneously with a proceeding pursuant to Section 109-1 of
2		the Code of Criminal Procedure of 1963 for a related criminal
3		offense if a prosecution is commenced by information or
4		complaint.
5		(d) The court may accept a finding of probable cause at a
6		preliminary hearing following the filing of an information or
7		complaint charging a related criminal offense or following the
8		return of indictment by a grand jury charging the related
9		offense as sufficient evidence of probable cause as required
10		under subsection (a).
11		(e) Upon making a finding of probable cause as required
12		under this Section, the circuit court shall order the property
13		subject to the provisions of the applicable forfeiture Act held
14		until the conclusion of any forfeiture proceeding.
15		For seizures of conveyances, within 7 days of a finding of
16		probable cause under subsection (a), the registered owner or
17		other claimant may file a motion in writing supported by sworn
18		affidavits claiming that denial of the use of the conveyance
19		during the pendency of the forfeiture proceedings creates a
20		substantial hardship. The court shall consider the following
21		factors in determining whether a substantial hardship has been
22		proven:
23		(1) the nature of the claimed hardship;
24		(2) the availability of public transportation or other
25		available means of transportation; and
26		(3) any available alternatives to alleviate the

SB0564 Engrossed - 147 - LRB100 04874 RLC 14884 b
1		hardship other than the return of the seized conveyance.
2		If the court determines that a substantial hardship has
3		been proven, the court shall then balance the nature of the
4		hardship against the State's interest in safeguarding the
5		conveyance. If the court determines that the hardship outweighs
6		the State's interest in safeguarding the conveyance, the court
7		may temporarily release the conveyance to the registered owner
8		or the registered owner's authorized designee, or both, until
9		the conclusion of the forfeiture proceedings or for such
10		shorter period as ordered by the court provided that the person
11		to whom the conveyance is released provides proof of insurance
12		and a valid driver's license and all State and local
13		registrations for operation of the conveyance are current. The
14		court shall place conditions on the conveyance limiting its use
15		to the stated hardship and restricting the conveyance's use to
16		only those individuals authorized to use the conveyance by the
17		registered owner. The court shall revoke the order releasing
18		the conveyance and order that the conveyance be reseized by law
19		enforcement if the conditions of release are violated or if the
20		conveyance is used in the commission of any offense identified
21		in subsection (a) of Section 6-205 of the Illinois Vehicle
22		Code.
23		If the court orders the release of the conveyance during
24		the pendency of the forfeiture proceedings, the registered
25		owner or his or her authorized designee shall post a cash
26		security with the Clerk of the Court as ordered by the court.

SB0564 Engrossed - 148 - LRB100 04874 RLC 14884 b
1		The court shall consider the following factors in determining
2		the amount of the cash security:
3		(A) the full market value of the conveyance;
4		(B) the nature of the hardship;
5		(C) the extent and length of the usage of the
6		conveyance; and
7		(D) such other conditions as the court deems necessary
8		to safeguard the conveyance.
9		If the conveyance is released, the court shall order that
10		the registered owner or his or her designee safeguard the
11		conveyance, not remove the conveyance from the jurisdiction,
12		not conceal, destroy, or otherwise dispose of the conveyance,
13		not encumber the conveyance, and not diminish the value of the
14		conveyance in any way. The court shall also make a
15		determination of the full market value of the conveyance prior
16		to it being released based on a source or sources defined in 50
17		Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
18		If the conveyance subject to forfeiture is released under
19		this Section and is subsequently forfeited, the person to whom
20		the conveyance was released shall return the conveyance to the
21		law enforcement agency that seized the conveyance within 7 days
22		from the date of the declaration of forfeiture or order of
23		forfeiture. If the conveyance is not returned within 7 days,
24		the cash security shall be forfeited in the same manner as the
25		conveyance subject to forfeiture. If the cash security was less
26		than the full market value, a judgment shall be entered against

SB0564 Engrossed - 149 - LRB100 04874 RLC 14884 b
1		the parties to whom the conveyance was released and the
2		registered owner, jointly and severally, for the difference
3		between the full market value and the amount of the cash
4		security. If the conveyance is returned in a condition other
5		than the condition in which it was released, the cash security
6		shall be returned to the surety who posted the security minus
7		the amount of the diminished value, and that amount shall be
8		forfeited in the same manner as the conveyance subject to
9		forfeiture. Additionally, the court may enter an order allowing
10		any law enforcement agency in the State of Illinois to seize
11		the conveyance wherever it may be found in the State to satisfy
12		the judgment if the cash security was less than the full market
13		value of the conveyance.
14		(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;
15		98-1020, eff. 8-22-14.)
16		(Text of Section after amendment by P.A. 100-512)
17		Sec. 36-1.5. Preliminary review.
18		(a) Within 14 days of the seizure, the State's Attorney of
19		in the county in which the seizure occurred shall seek a
20		preliminary determination from the circuit court as to whether
21		there is probable cause that the property may be subject to
22		forfeiture.
23		(b) The rules of evidence shall not apply to any proceeding
24		conducted under this Section.
25		(c) The court may conduct the review under subsection (a)

SB0564 Engrossed - 150 - LRB100 04874 RLC 14884 b
1		of this Section simultaneously with a proceeding under pursuant
2		to Section 109-1 of the Code of Criminal Procedure of 1963 for
3		a related criminal offense if a prosecution is commenced by
4		information or complaint.
5		(d) The court may accept a finding of probable cause at a
6		preliminary hearing following the filing of an information or
7		complaint charging a related criminal offense or following the
8		return of indictment by a grand jury charging the related
9		offense as sufficient evidence of probable cause as required
10		under subsection (a) of ths Section.
11		(e) Upon making a finding of probable cause as required
12		under this Section, the circuit court shall order the property
13		subject to the provisions of the applicable forfeiture Act held
14		until the conclusion of any forfeiture proceeding.
15		For seizures of conveyances, within 28 days of a finding of
16		probable cause under subsection (a) of this Section, the
17		registered owner or other claimant may file a motion in writing
18		supported by sworn affidavits claiming that denial of the use
19		of the conveyance during the pendency of the forfeiture
20		proceedings creates a substantial hardship and alleges facts
21		showing that the hardship delay was not due to his or her
22		culpable negligence. The court shall consider the following
23		factors in determining whether a substantial hardship has been
24		proven:
25		(1) the nature of the claimed hardship;
26		(2) the availability of public transportation or other

SB0564 Engrossed - 151 - LRB100 04874 RLC 14884 b
1		available means of transportation; and
2		(3) any available alternatives to alleviate the
3		hardship other than the return of the seized conveyance.
4		If the court determines that a substantial hardship has
5		been proven, the court shall then balance the nature of the
6		hardship against the State's interest in safeguarding the
7		conveyance. If the court determines that the hardship outweighs
8		the State's interest in safeguarding the conveyance, the court
9		may temporarily release the conveyance to the registered owner
10		or the registered owner's authorized designee, or both, until
11		the conclusion of the forfeiture proceedings or for such
12		shorter period as ordered by the court provided that the person
13		to whom the conveyance is released provides proof of insurance
14		and a valid driver's license and all State and local
15		registrations for operation of the conveyance are current. The
16		court shall place conditions on the conveyance limiting its use
17		to the stated hardship and providing transportation for
18		employment, religious purposes, medical needs, child care, and
19		restricting the conveyance's use to only those individuals
20		authorized to use the conveyance by the registered owner. The
21		use of the vehicle shall be further restricted to exclude all
22		recreational and entertainment purposes. The court may order
23		additional restrictions it deems reasonable and just on its own
24		motion or on motion of the People. The court shall revoke the
25		order releasing the conveyance and order that the conveyance be
26		reseized by law enforcement if the conditions of release are

SB0564 Engrossed - 152 - LRB100 04874 RLC 14884 b
1		violated or if the conveyance is used in the commission of any
2		offense identified in subsection (a) of Section 6-205 of the
3		Illinois Vehicle Code.
4		If the court orders the release of the conveyance during
5		the pendency of the forfeiture proceedings, the court may order
6		the registered owner or his or her authorized designee to post
7		a cash security with the clerk Clerk of the court Court as
8		ordered by the court. If cash security is ordered, the court
9		shall consider the following factors in determining the amount
10		of the cash security:
11		(A) the full market value of the conveyance;
12		(B) the nature of the hardship;
13		(C) the extent and length of the usage of the
14		conveyance;
15		(D) the ability of the owner or designee to pay; and
16		(E) other conditions as the court deems necessary to
17		safeguard the conveyance.
18		If the conveyance is released, the court shall order that
19		the registered owner or his or her designee safeguard the
20		conveyance, not remove the conveyance from the jurisdiction,
21		not conceal, destroy, or otherwise dispose of the conveyance,
22		not encumber the conveyance, and not diminish the value of the
23		conveyance in any way. The court shall also make a
24		determination of the full market value of the conveyance prior
25		to it being released based on a source or sources defined in 50
26		Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).

SB0564 Engrossed - 153 - LRB100 04874 RLC 14884 b
1		If the conveyance subject to forfeiture is released under
2		this Section and is subsequently forfeited, the person to whom
3		the conveyance was released shall return the conveyance to the
4		law enforcement agency that seized the conveyance within 7 days
5		from the date of the declaration of forfeiture or order of
6		forfeiture. If the conveyance is not returned within 7 days,
7		the cash security shall be forfeited in the same manner as the
8		conveyance subject to forfeiture. If the cash security was less
9		than the full market value, a judgment shall be entered against
10		the parties to whom the conveyance was released and the
11		registered owner, jointly and severally, for the difference
12		between the full market value and the amount of the cash
13		security. If the conveyance is returned in a condition other
14		than the condition in which it was released, the cash security
15		shall be returned to the surety who posted the security minus
16		the amount of the diminished value, and that amount shall be
17		forfeited in the same manner as the conveyance subject to
18		forfeiture. Additionally, the court may enter an order allowing
19		any law enforcement agency in the State of Illinois to seize
20		the conveyance wherever it may be found in the State to satisfy
21		the judgment if the cash security was less than the full market
22		value of the conveyance.
23		(Source: P.A. 100-512, eff. 7-1-18.)
24		(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
25		(Text of Section before amendment by P.A. 100-512)

SB0564 Engrossed - 154 - LRB100 04874 RLC 14884 b
1		Sec. 36-2. Action for forfeiture.
2		(a) The State's Attorney in the county in which such
3		seizure occurs if he or she finds that the forfeiture was
4		incurred without willful negligence or without any intention on
5		the part of the owner of the vessel or watercraft, vehicle or
6		aircraft or any person whose right, title or interest is of
7		record as described in Section 36-1, to violate the law, or
8		finds the existence of such mitigating circumstances as to
9		justify remission of the forfeiture, may cause the law
10		enforcement agency to remit the same upon such terms and
11		conditions as the State's Attorney deems reasonable and just.
12		The State's Attorney shall exercise his or her discretion under
13		the foregoing provision of this Section 36-2(a) prior to or
14		promptly after the preliminary review under Section 36-1.5.
15		(b) If the State's Attorney does not cause the forfeiture
16		to be remitted he or she shall forthwith bring an action for
17		forfeiture in the Circuit Court within whose jurisdiction the
18		seizure and confiscation has taken place. The State's Attorney
19		shall give notice of seizure and the forfeiture proceeding to
20		each person according to the following method: upon each person
21		whose right, title, or interest is of record in the office of
22		the Secretary of State, the Secretary of Transportation, the
23		Administrator of the Federal Aviation Agency, or any other
24		department of this State, or any other state of the United
25		States if the vessel or watercraft, vehicle, or aircraft is
26		required to be so registered, as the case may be, by delivering

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1		the notice and complaint in open court or by certified mail to
2		the address as given upon the records of the Secretary of
3		State, the Division of Aeronautics of the Department of
4		Transportation, the Capital Development Board, or any other
5		department of this State or the United States if the vessel or
6		watercraft, vehicle, or aircraft is required to be so
7		registered.
8		(c) The owner of the seized vessel or watercraft, vehicle,
9		or aircraft or any person whose right, title, or interest is of
10		record as described in Section 36-1, may within 20 days after
11		delivery in open court or the mailing of such notice file a
12		verified answer to the Complaint and may appear at the hearing
13		on the action for forfeiture.
14		(d) The State shall show at such hearing by a preponderance
15		of the evidence, that such vessel or watercraft, vehicle, or
16		aircraft was used in the commission of an offense described in
17		Section 36-1.
18		(e) The owner of such vessel or watercraft, vehicle, or
19		aircraft or any person whose right, title, or interest is of
20		record as described in Section 36-1, may show by a
21		preponderance of the evidence that he did not know, and did not
22		have reason to know, that the vessel or watercraft, vehicle, or
23		aircraft was to be used in the commission of such an offense or
24		that any of the exceptions set forth in Section 36-3 are
25		applicable.
26		(f) Unless the State shall make such showing, the Court

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1		shall order such vessel or watercraft, vehicle, or aircraft
2		released to the owner. Where the State has made such showing,
3		the Court may order the vessel or watercraft, vehicle, or
4		aircraft destroyed or may order it forfeited to any local,
5		municipal or county law enforcement agency, or the Department
6		of State Police or the Department of Revenue of the State of
7		Illinois.
8		(g) A copy of the order shall be filed with the law
9		enforcement agency, and with each Federal or State office or
10		agency with which such vessel or watercraft, vehicle, or
11		aircraft is required to be registered. Such order, when filed,
12		constitutes authority for the issuance of clear title to such
13		vessel or watercraft, vehicle, or aircraft, to the department
14		or agency to whom it is delivered or any purchaser thereof. The
15		law enforcement agency shall comply promptly with instructions
16		to remit received from the State's Attorney or Attorney General
17		in accordance with Sections 36-2(a) or 36-3.
18		(h) The proceeds of any sale at public auction pursuant to
19		Section 36-2 of this Act, after payment of all liens and
20		deduction of the reasonable charges and expenses incurred by
21		the State's Attorney's Office shall be paid to the law
22		enforcement agency having seized the vehicle for forfeiture.
23		(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
24		99-78, eff. 7-20-15.)
25		(Text of Section after amendment by P.A. 100-512)

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1		Sec. 36-2. Complaint for forfeiture.
2		(a) If the State's Attorney of in the county in which such
3		seizure occurs finds that the alleged violation of law giving
4		rise to the seizure was incurred without willful negligence or
5		without any intention on the part of the owner of the vessel or
6		watercraft, vehicle or aircraft or any person whose right,
7		title or interest is of record as described in Section 36-1 of
8		this Article, to violate the law, or finds the existence of
9		such mitigating circumstances as to justify remission of the
10		forfeiture, he or she may cause the law enforcement agency
11		having custody of the property to return the property to the
12		owner within a reasonable time not to exceed 7 days. The
13		State's Attorney shall exercise his or her discretion under
14		this subsection (a) prior to or promptly after the preliminary
15		review under Section 36-1.5.
16		(b) If, after review of the facts surrounding the seizure,
17		the State's Attorney is of the opinion that the seized property
18		is subject to forfeiture and the State's Attorney does not
19		cause the forfeiture to be remitted under subsection (a) of
20		this Section, he or she shall forthwith bring an action for
21		forfeiture in the circuit court Circuit Court within whose
22		jurisdiction the seizure and confiscation has taken place by
23		filing a verified complaint for of forfeiture in the circuit
24		court within whose jurisdiction the seizure occurred, or within
25		whose jurisdiction an act or omission giving rise to the
26		seizure occurred, subject to Supreme Court Rule 187. The

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1		complaint shall be filed as soon as practicable but not later
2		less than 28 days after the State's Attorney receives notice
3		from the seizing agency as provided a finding of probable cause
4		at a preliminary review under Section 36-1.4 36-1.5 of this
5		Article. A complaint of forfeiture shall include:
6		(1) a description of the property seized;
7		(2) the date and place of seizure of the property;
8		(3) the name and address of the law enforcement agency
9		making the seizure; and
10		(4) the specific statutory and factual grounds for the
11		seizure.
12		The complaint shall be served upon each person whose right,
13		title, or interest is of record in the office of the Secretary
14		of State, the Secretary of Transportation, the Administrator of
15		the Federal Aviation Agency, or any other department of this
16		State, or any other state of the United States if the vessel or
17		watercraft, vehicle, or aircraft is required to be so
18		registered, as the case may be, the person from whom the
19		property was seized, and all persons known or reasonably
20		believed by the State to claim an interest in the property, as
21		provided in this Article. The complaint shall be accompanied by
22		the following written notice:
23		"This is a civil court proceeding subject to the Code of
24		Civil Procedure. You received this Complaint of Forfeiture
25		because the State's Attorney's office has brought a legal
26		action seeking forfeiture of your seized property. This

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1		complaint starts the court process where the State seeks to
2		prove that your property should be forfeited and not returned
3		to you. This process is also your opportunity to try to prove
4		to a judge that you should get your property back. The
5		complaint lists the date, time, and location of your first
6		court date. You must appear in court on that day, or you may
7		lose the case automatically. You must also file an appearance
8		and answer. If you are unable to pay the appearance fee, you
9		may qualify to have the fee waived. If there is a criminal case
10		related to the seizure of your property, your case may be set
11		for trial after the criminal case has been resolved. Before
12		trial, the judge may allow discovery, where the State can ask
13		you to respond in writing to questions and give them certain
14		documents, and you can make similar requests of the State. The
15		trial is your opportunity to explain what happened when your
16		property was seized and why you should get the property back."
17		(c) (Blank).
18		(d) (Blank).
19		(e) (Blank).
20		(f) (Blank).
21		(g) (Blank).
22		(h) (Blank).
23		(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
24		(720 ILCS 5/36-2.1)
25		(This Section may contain text from a Public Act with a

SB0564 Engrossed - 160 - LRB100 04874 RLC 14884 b
1		delayed effective date)
2		Sec. 36-2.1. Notice to owner or interest holder. The first
3		attempted service of notice shall be commenced within 28 days
4		of the receipt of the notice from the seizing agency by Form
5		the form 4-64. If the property seized is a conveyance, notice
6		shall also be directed to the address reflected in the office
7		of the agency or official in which title to or interest in to
8		the conveyance is required by law to be recorded. A complaint
9		for forfeiture shall be served upon the property owner or
10		interest holder in the following manner:
11		(1) If the owner's or interest holder's name and
12		current address are known, then by either:
13		(A) personal service; or
14		(B) mailing a copy of the notice by certified mail,
15		return receipt requested, and first class mail, to that
16		address.
17		(i) If notice is sent by certified mail and no
18		signed return receipt is received by the State's
19		Attorney within 28 days of mailing, and no
20		communication from the owner or interest holder is
21		received by the State's Attorney documenting
22		actual notice by said parties, the State's
23		Attorney shall, within a reasonable period of
24		time, mail a second copy of the notice by certified
25		mail, return receipt requested, and first class
26		mail, to that address.

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1		(ii) If no signed return receipt is received by
2		the State's Attorney within 28 days of the second
3		attempt at service by certified mail, and no
4		communication from the owner or interest holder is
5		received by the State's Attorney documenting
6		actual notice by said parties, the State's
7		Attorney shall have 60 days to attempt to serve the
8		notice by personal service, which also includes
9		substitute service by leaving a copy at the usual
10		place of abode, with some person of the family or a
11		person residing there, of the age of 13 years or
12		upwards. If, after 3 attempts at service in this
13		manner, no service of the notice is accomplished,
14		then the notice shall be posted in a conspicuous
15		manner at this address and service shall be made by
16		the posting.
17		The attempts at service and the posting if
18		required, shall be documented by the person attempting
19		service and said documentation shall be made part of a
20		return of service returned to the State's Attorney.
21		The State's Attorney may utilize a Sheriff or
22		Deputy Sheriff, any peace officer, a private process
23		server or investigator, or any employee, agent, or
24		investigator of the State's Attorney's office to
25		attempt service without seeking leave of court.
26		After the procedures are followed, service shall

SB0564 Engrossed - 162 - LRB100 04874 RLC 14884 b
1		be effective on an owner or interest holder on the date
2		of receipt by the State's Attorney of a returned return
3		receipt requested, or on the date of receipt of a
4		communication from an owner or interest holder
5		documenting actual notice, whichever is first in time,
6		or on the date of the last act performed by the State's
7		Attorney in attempting personal service under item
8		(ii) of this paragraph (1). If notice is to be shown by
9		actual notice from communication with a claimant, then
10		the State's Attorney shall file an affidavit providing
11		details of the communication, which shall be accepted
12		as sufficient proof of service by the court.
13		For purposes of notice under this Section, if a
14		person has been arrested for the conduct giving rise to
15		the forfeiture, the address provided to the arresting
16		agency at the time of arrest shall be deemed to be that
17		person's known address. Provided, however, if an owner
18		or interest holder's address changes prior to the
19		effective date of the complaint for forfeiture, the
20		owner or interest holder shall promptly notify the
21		seizing agency of the change in address or, if the
22		owner or interest holder's address changes subsequent
23		to the effective date of the notice of pending
24		forfeiture, the owner or interest holder shall
25		promptly notify the State's Attorney of the change in
26		address; or if the property seized is a conveyance, to

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1		the address reflected in the office of the agency or
2		official in which title to or interest in to the
3		conveyance is required by law to be recorded.
4		(2) If the owner's or interest holder's address is not
5		known, and is not on record, then notice shall be served by
6		publication for 3 successive weeks in a newspaper of
7		general circulation in the county in which the seizure
8		occurred.
9		(3) Notice to any business entity, corporation,
10		limited liability company, limited liability partnership
11		LLC, LLP, or partnership shall be completed complete by a
12		single mailing of a copy of the notice by certified mail,
13		return receipt requested, and first class mail, to that
14		address. This notice is complete regardless of the return
15		of a signed "return receipt requested".
16		(4) Notice to a person whose address is not within the
17		State shall be completed complete by a single mailing of a
18		copy of the notice by certified mail, return receipt
19		requested, and first class mail, to that address. This
20		notice is complete regardless of the return of a signed
21		"return receipt requested".
22		(5) Notice to a person whose address is not within the
23		United States shall be completed complete by a single
24		mailing of a copy of the notice by certified mail, return
25		receipt requested, and first class mail, to that address.
26		This notice shall be complete regardless of the return of a

SB0564 Engrossed - 164 - LRB100 04874 RLC 14884 b
1		signed "return receipt requested". If certified mail is not
2		available in the foreign country where the person has an
3		address, then notice shall proceed by publication under
4		paragraph (2) of this Section.
5		(6) Notice to any person whom the State's Attorney
6		reasonably should know is incarcerated within the State
7		shall also include the mailing a copy of the notice by
8		certified mail, return receipt requested, and first class
9		mail, to the address of the detention facility with the
10		inmate's name clearly marked on the envelope.
11		(Source: P.A. 100-512, eff. 7-1-18.)
12		(720 ILCS 5/36-2.2)
13		(This Section may contain text from a Public Act with a
14		delayed effective date)
15		Sec. 36-2.2. Replevin prohibited; return of personal
16		property inside seized conveyance.
17		(a) Property seized under this Article shall not be subject
18		to replevin, but is deemed to be in the custody of the Director
19		of State Police, subject only to the order and judgments of the
20		circuit court having jurisdiction over the forfeiture
21		proceedings and the decisions of the State's Attorney.
22		(b) A claimant or a party interested in personal property
23		contained within a seized conveyance may file a motion with the
24		court in a judicial forfeiture action for the return of any
25		personal property contained within a conveyance seized under

SB0564 Engrossed - 165 - LRB100 04874 RLC 14884 b
1		this Article. The return of personal property shall not be
2		unreasonably withheld if the personal property is not
3		mechanically or electrically coupled to the conveyance, needed
4		for evidentiary purposes, or otherwise contraband. A law
5		enforcement agency that returns property under a court order
6		under this Section shall not be liable to any person who claims
7		ownership to the property if the property is returned to an
8		improper party.
9		(Source: P.A. 100-512, eff. 7-1-18.)
10		(720 ILCS 5/36-2.5)
11		(This Section may contain text from a Public Act with a
12		delayed effective date)
13		Sec. 36-2.5. Judicial in rem procedures.
14		(a) The laws of evidence relating to civil actions shall
15		apply to judicial in rem proceedings under this Article.
16		(b) Only an owner of or interest holder in the property may
17		file an answer asserting a claim against the property in the
18		action in rem. For purposes of this Section, the owner or
19		interest holder shall be referred to as claimant. A person not
20		named in the forfeiture complaint who claims to have an
21		interest in the property may petition to intervene as a
22		claimant under Section 2-408 of the Code of Civil Procedure.
23		(c) The answer shall be filed with the court within 45 days
24		after service of the civil in rem complaint.
25		(d) The trial shall be held within 60 days after filing of

SB0564 Engrossed - 166 - LRB100 04874 RLC 14884 b
1		the answer unless continued for good cause.
2		(e) In its case in chief, the State shall show by a
3		preponderance of the evidence that:
4		(1) the property is subject to forfeiture; and
5		(2) at least one of the following:
6		(i) the claimant knew or should have known that the
7		conduct was likely to occur; or
8		(ii) the claimant is not the true owner of the
9		property that is subject to forfeiture.
10		In any forfeiture case under this Article, a claimant may
11		present evidence to overcome evidence presented by the State
12		that the property is subject to forfeiture.
13		(f) Notwithstanding any other provision of this Section,
14		the State's burden of proof at the trial of the forfeiture
15		action shall be by clear and convincing evidence if:
16		(1) a finding of not guilty is entered as to all counts
17		and all defendants in a criminal proceeding relating to the
18		conduct giving rise to the forfeiture action; or
19		(2) the State receives an adverse finding at a
20		preliminary hearing and fails to secure an indictment in a
21		criminal proceeding related to the factual allegations of
22		the forfeiture action.
23		(g) If the State does not meet its burden of proof, the
24		court shall order the interest in the property returned or
25		conveyed to the claimant and shall order all other property in
26		which the State does meet its burden of proof forfeited to the

SB0564 Engrossed - 167 - LRB100 04874 RLC 14884 b
1		State. If the State does meet its burden of proof, the court
2		shall order all property forfeited to the State.
3		(h) A defendant convicted in any criminal proceeding is
4		precluded from later denying the essential allegations of the
5		criminal offense of which the defendant was convicted in any
6		proceeding under this Article regardless of the pendency of an
7		appeal from that conviction. However, evidence of the pendency
8		of an appeal is admissible.
9		(i) An acquittal or dismissal in a criminal proceeding
10		shall not preclude civil proceedings under this Act; however,
11		for good cause shown, on a motion by either party, the court
12		may stay civil forfeiture proceedings during the criminal trial
13		for a related criminal indictment or information alleging a
14		violation of law authorizing forfeiture under Section 36-1 of
15		this Article.
16		(j) Title to all property declared forfeited under this Act
17		vests in this State on the commission of the conduct giving
18		rise to forfeiture together with the proceeds of the property
19		after that time. Except as otherwise provided in this Article,
20		any property or proceeds subsequently transferred to any person
21		remain subject to forfeiture unless a person to whom the
22		property was transferred makes an appropriate claim under or
23		has the their claim adjudicated at the judicial in rem hearing.
24		(k) No property shall be forfeited under this Article from
25		a person who, without actual or constructive notice that the
26		property was the subject of forfeiture proceedings, obtained

SB0564 Engrossed - 168 - LRB100 04874 RLC 14884 b
1		possession of the property as a bona fide purchaser for value.
2		A person who purports to transfer property after receiving
3		actual or constructive notice that the property is subject to
4		seizure or forfeiture is guilty of contempt of court, and shall
5		be liable to the State for a penalty in the amount of the fair
6		market value of the property.
7		(l) A civil action under this Article shall be commenced
8		within 5 years after the last conduct giving rise to forfeiture
9		became known or should have become known or 5 years after the
10		forfeitable property is discovered, whichever is later,
11		excluding any time during which either the property or claimant
12		is out of the State or in confinement or during which criminal
13		proceedings relating to the same conduct are in progress.
14		(m) If property is ordered forfeited under this Article
15		from a claimant who held title to the property in joint tenancy
16		or tenancy in common with another claimant, the court shall
17		determine the amount of each owner's interest in the property
18		according to principles of property law.
19		(Source: P.A. 100-512, eff. 7-1-18.)
20		(720 ILCS 5/36-2.7)
21		(This Section may contain text from a Public Act with a
22		delayed effective date)
23		Sec. 36-2.7. Innocent owner hearing.
24		(a) After a complaint for forfeiture has been filed and all
25		claimants have appeared and answered, a claimant may file a

SB0564 Engrossed - 169 - LRB100 04874 RLC 14884 b
1		motion with the court for an innocent owner hearing prior to
2		trial. This motion shall be made and supported by sworn
3		affidavit and shall assert the following along with specific
4		facts that which support each assertion:
5		(1) that the claimant filing the motion is the true
6		owner of the conveyance as interpreted by case law; and
7		(2) that the claimant did not know or did not have
8		reason to know the conduct giving rise to the forfeiture
9		was likely to occur.
10		(b) The claimant's motion claimant shall include specific
11		facts that which support these assertions in their motion.
12		(b) (c) Upon the filing, a hearing may only be conducted
13		after the parties have been given the opportunity to conduct
14		limited discovery as to the ownership and control of the
15		property, the claimant's knowledge, or any matter relevant to
16		the issues raised or facts alleged in the claimant's motion.
17		Discovery shall be limited to the People's requests in these
18		areas but may proceed by any means allowed in the Code of Civil
19		Procedure.
20		(c) (d) After discovery is complete and the court has
21		allowed for sufficient time to review and investigate the
22		discovery responses, the court shall conduct a hearing. At the
23		hearing, the fact that the conveyance is subject to forfeiture
24		shall not be at issue. The court shall only hear evidence
25		relating to the issue of innocent ownership.
26		(d) (e) At the hearing on the motion, the claimant shall

SB0564 Engrossed - 170 - LRB100 04874 RLC 14884 b
1		bear the burden of proving each of the assertions listed in
2		subsection (a) of this Section by a preponderance of the
3		evidence. (f) If a claimant meets the their burden of proof,
4		the court shall grant the motion and order the conveyance
5		returned to the claimant. If the claimant fails to meet the
6		their burden of proof, the court shall deny the motion and the
7		forfeiture case shall proceed according to the Code Rules of
8		Civil Procedure.
9		(Source: P.A. 100-512, eff. 7-1-18.)
10		(720 ILCS 5/36-7)
11		(This Section may contain text from a Public Act with a
12		delayed effective date)
13		Sec. 36-7. Distribution of proceeds; selling or retaining
14		seized property prohibited.
15		(a) Except as otherwise provided in this Section, the court
16		shall order that property forfeited under this Article be
17		delivered to the Department of State Police within 60 days.
18		(b) The Department of State Police or its designee shall
19		dispose of all property at public auction and shall distribute
20		the proceeds of the sale, together with any moneys forfeited or
21		seized, under subsection (c) of this Section.
22		(c) All moneys monies and the sale proceeds of all other
23		property forfeited and seized under this Act shall be
24		distributed as follows:
25		(1) 65% shall be distributed to the drug task force,

SB0564 Engrossed - 171 - LRB100 04874 RLC 14884 b
1		metropolitan enforcement group, local, municipal, county,
2		or State state law enforcement agency or agencies that
3		which conducted or participated in the investigation
4		resulting in the forfeiture. The distribution shall bear a
5		reasonable relationship to the degree of direct
6		participation of the law enforcement agency in the effort
7		resulting in the forfeiture, taking into account the total
8		value of the property forfeited and the total law
9		enforcement effort with respect to the violation of the law
10		upon which the forfeiture is based. Amounts distributed to
11		the agency or agencies shall be used, at the discretion of
12		the agency, for the enforcement of criminal laws; or for
13		public education in the community or schools in the
14		prevention or detection of the abuse of drugs or alcohol;
15		or for security cameras used for the prevention or
16		detection of violence, except that amounts distributed to
17		the Secretary of State shall be deposited into the
18		Secretary of State Evidence Fund to be used as provided in
19		Section 2-115 of the Illinois Vehicle Code.
20		Any local, municipal, or county law enforcement agency
21		entitled to receive a monetary distribution of forfeiture
22		proceeds may share those forfeiture proceeds pursuant to
23		the terms of an intergovernmental agreement with a
24		municipality that has a population in excess of 20,000 if:
25		(A) the receiving agency has entered into an
26		intergovernmental agreement with the municipality to

SB0564 Engrossed - 172 - LRB100 04874 RLC 14884 b
1		provide police services;
2		(B) the intergovernmental agreement for police
3		services provides for consideration in an amount of not
4		less than $1,000,000 per year;
5		(C) the seizure took place within the geographical
6		limits of the municipality; and
7		(D) the funds are used only for the enforcement of
8		criminal laws; for public education in the community or
9		schools in the prevention or detection of the abuse of
10		drugs or alcohol; or for security cameras used for the
11		prevention or detection of violence or the
12		establishment of a municipal police force, including
13		the training of officers, construction of a police
14		station, the purchase of law enforcement equipment, or
15		vehicles.
16		(2) 12.5% shall be distributed to the Office of the
17		State's Attorney of the county in which the prosecution
18		resulting in the forfeiture was instituted, deposited in a
19		special fund in the county treasury and appropriated to the
20		State's Attorney for use, at the discretion of the State's
21		Attorney, in the enforcement of criminal laws; or for
22		public education in the community or schools in the
23		prevention or detection of the abuse of drugs or alcohol;
24		or at the discretion of the State's Attorney, in addition
25		to other authorized purposes, to make grants to local
26		substance abuse treatment facilities and half-way houses.

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1		In counties over 3,000,000 population, 25% will be
2		distributed to the Office of the State's Attorney for use,
3		at the discretion of the State's Attorney, in the
4		enforcement of criminal laws; or for public education in
5		the community or schools in the prevention or detection of
6		the abuse of drugs or alcohol; or at the discretion of the
7		State's Attorney, in addition to other authorized
8		purposes, to make grants to local substance abuse treatment
9		facilities and half-way houses. If the prosecution is
10		undertaken solely by the Attorney General, the portion
11		provided shall be distributed to the Attorney General for
12		use in the enforcement of criminal laws governing cannabis
13		and controlled substances or for public education in the
14		community or schools in the prevention or detection of the
15		abuse of drugs or alcohol.
16		12.5% shall be distributed to the Office of the State's
17		Attorneys Appellate Prosecutor and shall be used at the
18		discretion of the State's Attorneys Appellate Prosecutor
19		for additional expenses incurred in the investigation,
20		prosecution and appeal of cases arising in the enforcement
21		of criminal laws; or for public education in the community
22		or schools in the prevention or detection of the abuse of
23		drugs or alcohol. The Office of the State's Attorneys
24		Appellate Prosecutor shall not receive distribution from
25		cases brought in counties with over 3,000,000 population.
26		(3) 10% shall be retained by the Department of State

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1		Police for expenses related to the administration and sale
2		of seized and forfeited property.
3		(d) A law enforcement agency shall not retain forfeited
4		property for its own use or transfer the property to any person
5		or entity, except as provided under this Section. A law
6		enforcement agency may apply in writing to the Director of
7		State Police to request that a forfeited property be awarded to
8		the agency for a specifically articulated official law
9		enforcement use in an investigation. The Director of State
10		Police shall provide a written justification in each instance
11		detailing the reasons why the forfeited property was placed
12		into official use, and the justification shall be retained for
13		a period of not less than 3 years.
14		(Source: P.A. 100-512, eff. 7-1-18.)
15		(720 ILCS 5/36-10 new)
16		Sec. 36-10. Applicability; savings clause.
17		(a) The changes made to this Article by Public Act 100-0512
18		and this amendatory Act of the 100th General Assembly only
19		apply to property seized on and after July 1, 2018.
20		(b) The changes made to this Article by this amendatory Act
21		of the 100th General Assembly are subject to Section 4 of the
22		Statute on Statutes.
23		Section 25. The Cannabis Control Act is amended by changing
24		Section 12 as follows:

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1		(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
2		(Text of Section before amendment by P.A. 100-512)
3		Sec. 12. (a) The following are subject to forfeiture:
4		(1) all substances containing cannabis which have been
5		produced, manufactured, delivered, or possessed in
6		violation of this Act;
7		(2) all raw materials, products and equipment of any
8		kind which are produced, delivered, or possessed in
9		connection with any substance containing cannabis in
10		violation of this Act;
11		(3) all conveyances, including aircraft, vehicles or
12		vessels, which are used, or intended for use, to transport,
13		or in any manner to facilitate the transportation, sale,
14		receipt, possession, or concealment of property described
15		in paragraph (1) or (2) that constitutes a felony violation
16		of the Act, but:
17		(i) no conveyance used by any person as a common
18		carrier in the transaction of business as a common
19		carrier is subject to forfeiture under this Section
20		unless it appears that the owner or other person in
21		charge of the conveyance is a consenting party or privy
22		to a violation of this Act;
23		(ii) no conveyance is subject to forfeiture under
24		this Section by reason of any act or omission which the
25		owner proves to have been committed or omitted without

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1		his knowledge or consent;
2		(iii) a forfeiture of a conveyance encumbered by a
3		bona fide security interest is subject to the interest
4		of the secured party if he neither had knowledge of nor
5		consented to the act or omission;
6		(4) all money, things of value, books, records, and
7		research products and materials including formulas,
8		microfilm, tapes, and data which are used, or intended for
9		use in a felony violation of this Act;
10		(5) everything of value furnished or intended to be
11		furnished by any person in exchange for a substance in
12		violation of this Act, all proceeds traceable to such an
13		exchange, and all moneys, negotiable instruments, and
14		securities used, or intended to be used, to commit or in
15		any manner to facilitate any felony violation of this 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 to a land trust, in the
19		whole of any lot or tract of land and any appurtenances or
20		improvements, that is used or intended to be used to
21		facilitate the manufacture, distribution, sale, receipt,
22		or concealment of property described in paragraph (1) or
23		(2) of this subsection (a) that constitutes a felony
24		violation of more than 2,000 grams of a substance
25		containing cannabis or that is the proceeds of any felony
26		violation of this Act.

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1		(b) Property subject to forfeiture under this Act may be
2		seized by the Director or any peace officer upon process or
3		seizure warrant issued by any court having jurisdiction over
4		the property. Seizure by the Director or any peace officer
5		without process may be made:
6		(1) if the property subject to seizure has been the
7		subject of a prior judgment in favor of the State in a
8		criminal proceeding or in an injunction or forfeiture
9		proceeding based upon this Act or the Drug Asset Forfeiture
10		Procedure Act;
11		(2) if there is probable cause to believe that the
12		property is directly or indirectly dangerous to health or
13		safety;
14		(3) if there is probable cause to believe that the
15		property is subject to forfeiture under this Act and the
16		property is seized under circumstances in which a
17		warrantless seizure or arrest would be reasonable; or
18		(4) in accordance with the Code of Criminal Procedure
19		of 1963.
20		(c) In the event of seizure pursuant to subsection (b),
21		notice shall be given forthwith to all known interest holders
22		that forfeiture proceedings, including a preliminary review,
23		shall be instituted in accordance with the Drug Asset
24		Forfeiture Procedure Act and such proceedings shall thereafter
25		be instituted in accordance with that Act. Upon a showing of
26		good cause, the notice required for a preliminary review under

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1		this Section may be postponed.
2		(c-1) In the event the State's Attorney is of the opinion
3		that real property is subject to forfeiture under this Act,
4		forfeiture proceedings shall be instituted in accordance with
5		the Drug Asset Forfeiture Procedure Act. The exemptions from
6		forfeiture provisions of Section 8 of the Drug Asset Forfeiture
7		Procedure Act are applicable.
8		(d) Property taken or detained under this Section shall not
9		be subject to replevin, but is deemed to be in the custody of
10		the Director subject only to the order and judgments of the
11		circuit court having jurisdiction over the forfeiture
12		proceedings and the decisions of the State's Attorney under the
13		Drug Asset Forfeiture Procedure Act. When property is seized
14		under this Act, the seizing agency shall promptly conduct an
15		inventory of the seized property, estimate the property's
16		value, and shall forward a copy of the inventory of seized
17		property and the estimate of the property's value to the
18		Director. Upon receiving notice of seizure, the Director may:
19		(1) place the property under seal;
20		(2) remove the property to a place designated by him;
21		(3) keep the property in the possession of the seizing
22		agency;
23		(4) remove the property to a storage area for
24		safekeeping or, if the property is a negotiable instrument
25		or money and is not needed for evidentiary purposes,
26		deposit it in an interest bearing account;

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1		(5) place the property under constructive seizure by
2		posting notice of pending forfeiture on it, by giving
3		notice of pending forfeiture to its owners and interest
4		holders, or by filing notice of pending forfeiture in any
5		appropriate public record relating to the property; or
6		(6) provide for another agency or custodian, including
7		an owner, secured party, or lienholder, to take custody of
8		the property upon the terms and conditions set by the
9		Director.
10		(e) No disposition may be made of property under seal until
11		the time for taking an appeal has elapsed or until all appeals
12		have been concluded unless a court, upon application therefor,
13		orders the sale of perishable substances and the deposit of the
14		proceeds of the sale with the court.
15		(f) When property is forfeited under this Act the Director
16		shall sell all such property unless such property is required
17		by law to be destroyed or is harmful to the public, and shall
18		distribute the proceeds of the sale, together with any moneys
19		forfeited or seized, in accordance with subsection (g).
20		However, upon the application of the seizing agency or
21		prosecutor who was responsible for the investigation, arrest or
22		arrests and prosecution which lead to the forfeiture, the
23		Director may return any item of forfeited property to the
24		seizing agency or prosecutor for official use in the
25		enforcement of laws relating to cannabis or controlled
26		substances, if the agency or prosecutor can demonstrate that

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1		the item requested would be useful to the agency or prosecutor
2		in their enforcement efforts. When any forfeited conveyance,
3		including an aircraft, vehicle, or vessel, is returned to the
4		seizing agency or prosecutor, the conveyance may be used
5		immediately in the enforcement of the criminal laws of this
6		State. Upon disposal, all proceeds from the sale of the
7		conveyance must be used for drug enforcement purposes. When any
8		real property returned to the seizing agency is sold by the
9		agency or its unit of government, the proceeds of the sale
10		shall be delivered to the Director and distributed in
11		accordance with subsection (g).
12		(g) All monies and the sale proceeds of all other property
13		forfeited and seized under this Act shall be distributed as
14		follows:
15		(1)(i) 65% shall be distributed to the metropolitan
16		enforcement group, local, municipal, county, or state law
17		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 the
21		law enforcement agency in the effort resulting in the
22		forfeiture, taking into account the total value of the
23		property forfeited and the total law enforcement effort
24		with respect to the violation of the law upon which the
25		forfeiture is based. Amounts distributed to the agency or
26		agencies shall be used for the enforcement of laws

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1		governing cannabis and controlled substances; for public
2		education in the community or schools in the prevention or
3		detection of the abuse of drugs or alcohol; or for security
4		cameras used for the prevention or detection of violence,
5		except that amounts distributed to the Secretary of State
6		shall be deposited into the Secretary of State Evidence
7		Fund to be used as provided in Section 2-115 of the
8		Illinois Vehicle Code.
9		(ii) Any local, municipal, or county law enforcement
10		agency entitled to receive a monetary distribution of
11		forfeiture proceeds may share those forfeiture proceeds
12		pursuant to the terms of an intergovernmental agreement
13		with a municipality that has a population in excess of
14		20,000 if:
15		(I) the receiving agency has entered into an
16		intergovernmental agreement with the municipality to
17		provide police services;
18		(II) the intergovernmental agreement for police
19		services provides for consideration in an amount of not
20		less than $1,000,000 per year;
21		(III) the seizure took place within the
22		geographical limits of the municipality; and
23		(IV) the funds are used only for the enforcement of
24		laws governing cannabis and controlled substances; for
25		public education in the community or schools in the
26		prevention or detection of the abuse of drugs or

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1		alcohol; or for security cameras used for the
2		prevention or detection of violence or the
3		establishment of a municipal police force, including
4		the training of officers, construction of a police
5		station, the purchase of law enforcement equipment, or
6		vehicles.
7		(2)(i) 12.5% shall be distributed to the Office of the
8		State's Attorney of the county in which the prosecution
9		resulting in the forfeiture was instituted, deposited in a
10		special fund in the county treasury and appropriated to the
11		State's Attorney for use in the enforcement of laws
12		governing cannabis and controlled substances; for public
13		education in the community or schools in the prevention or
14		detection of the abuse of drugs or alcohol; or at the
15		discretion of the State's Attorney, in addition to other
16		authorized purposes, to make grants to local substance
17		abuse treatment facilities and half-way houses. In
18		counties over 3,000,000 population, 25% will be
19		distributed to the Office of the State's Attorney for use
20		in the enforcement of laws governing cannabis and
21		controlled substances; for public education in the
22		community or schools in the prevention or detection of the
23		abuse of drugs or alcohol; or at the discretion of the
24		State's Attorney, in addition to other authorized
25		purposes, to make grants to local substance abuse treatment
26		facilities and half-way houses. If the prosecution is

SB0564 Engrossed - 183 - LRB100 04874 RLC 14884 b
1		undertaken solely by the Attorney General, the portion
2		provided hereunder shall be distributed to the Attorney
3		General for use in the enforcement of laws governing
4		cannabis and controlled substances.
5		(ii) 12.5% shall be distributed to the Office of the
6		State's Attorneys Appellate Prosecutor and deposited in
7		the Narcotics Profit Forfeiture Fund of that Office to be
8		used for additional expenses incurred in the
9		investigation, prosecution and appeal of cases arising
10		under laws governing cannabis and controlled substances or
11		for public education in the community or schools in the
12		prevention or detection of the abuse of drugs or alcohol.
13		The Office of the State's Attorneys Appellate Prosecutor
14		shall not receive distribution from cases brought in
15		counties with over 3,000,000 population.
16		(3) 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		(Source: P.A. 99-686, eff. 7-29-16.)
20		(Text of Section after amendment by P.A. 100-512)
21		Sec. 12. (a) The following are subject to forfeiture:
22		(1) (blank);
23		(2) all raw materials, products, and equipment of any
24		kind which are produced, delivered, or possessed in
25		connection with any substance containing cannabis in a

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1		felony violation 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 of any substance
6		containing cannabis or property described in paragraph (2)
7		of this subsection (a) that constitutes a felony violation
8		of 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 violation;
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 this Act;

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1		(5) everything of value furnished or intended to be
2		furnished by any person in exchange for a substance in
3		violation of this Act, all proceeds traceable to such an
4		exchange, and all moneys, negotiable instruments, and
5		securities used, or intended to be used, to commit or in
6		any manner to facilitate any felony violation of this Act;
7		(6) all real property, including any right, title, and
8		interest including, but not limited to, any leasehold
9		interest or the beneficial interest in to a land trust, in
10		the whole of any lot or tract of land and any appurtenances
11		or improvements, that is used or intended to be used to
12		facilitate the manufacture, distribution, sale, receipt,
13		or concealment of a substance containing cannabis or
14		property described in paragraph (2) of this subsection (a)
15		that constitutes a felony violation of this Act involving
16		more than 2,000 grams of a substance containing cannabis or
17		that is the proceeds of any felony violation of this Act.
18		(b) Property subject to forfeiture under this Act may be
19		seized under the Drug Asset Forfeiture Procedure Act. In the
20		event of seizure, forfeiture proceedings shall be instituted
21		under the Drug Asset Forfeiture Procedure Act.
22		(c) Forfeiture under this Act is subject to subject to an
23		8th Amendment amendment to the United States Constitution
24		disproportionate penalties analysis as provided under Section
25		9.5 of the Drug Asset Forfeiture Procedure Act.
26		(c-1) With regard to possession of cannabis offenses only,

SB0564 Engrossed - 186 - LRB100 04874 RLC 14884 b
1		a sum of currency with a value of less than $500 shall not be
2		subject to forfeiture under this Act. For all other offenses
3		under this Act, a sum of currency with a value of less than
4		$100 shall not be subject to forfeiture under this Act. In
5		seizures of currency in excess of these amounts, this Section
6		shall not create an exemption for these amounts.
7		(d) (Blank).
8		(e) (Blank).
9		(f) (Blank).
10		(g) (Blank).
11		(h) Contraband, including cannabis possessed without
12		authorization under State or federal law, is not subject to
13		forfeiture. No property right exists in contraband. Contraband
14		is subject to seizure and shall be disposed of according to
15		State law.
16		(i) The changes made to this Section by Public Act 100-0512
17		and this amendatory Act of the 100th General Assembly only
18		apply to property seized on and after July 1, 2018.
19		(j) The changes made to this Section by this amendatory Act
20		of the 100th General Assembly are subject to Section 4 of the
21		Statute on Statutes.
22		(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
23		Section 30. The Illinois Controlled Substances Act is
24		amended by changing Section 505 as follows:

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1		(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
2		(Text of Section before amendment by P.A. 100-512)
3		Sec. 505. (a) The following are subject to forfeiture:
4		(1) all substances which have been manufactured,
5		distributed, dispensed, or possessed in violation of this
6		Act;
7		(2) all raw materials, products and equipment of any
8		kind which are used, or intended for use in manufacturing,
9		distributing, dispensing, administering or possessing any
10		substance in violation of this Act;
11		(3) all conveyances, including aircraft, vehicles or
12		vessels, which are used, or intended for use, to transport,
13		or in any manner to facilitate the transportation, sale,
14		receipt, possession, or concealment of property described
15		in paragraphs (1) and (2), 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 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 this Act;
8		(5) everything of value furnished, or intended to be
9		furnished, in exchange for a substance in violation of this
10		Act, all proceeds traceable to such an exchange, and all
11		moneys, negotiable instruments, and securities used, or
12		intended to be used, to commit or in any manner to
13		facilitate any violation of this Act;
14		(6) all real property, including any right, title, and
15		interest (including, but not limited to, any leasehold
16		interest or the beneficial interest in a land trust) in the
17		whole of any lot or tract of land and any appurtenances or
18		improvements, which is used or intended to be used, in any
19		manner or part, to commit, or in any manner to facilitate
20		the commission of, any violation or act that constitutes a
21		violation of Section 401 or 405 of this Act or that is the
22		proceeds of any violation or act that constitutes a
23		violation of Section 401 or 405 of this Act.
24		(b) Property subject to forfeiture under this Act may be
25		seized by the Director or any peace officer upon process or
26		seizure warrant issued by any court having jurisdiction over

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1		the property. Seizure by the Director or any peace officer
2		without process may be made:
3		(1) if the seizure is incident to inspection under an
4		administrative inspection warrant;
5		(2) if the property subject to seizure has been the
6		subject of a prior judgment in favor of the State in a
7		criminal proceeding, or in an injunction or forfeiture
8		proceeding based upon this Act or the Drug Asset Forfeiture
9		Procedure Act;
10		(3) if there is probable cause to believe that the
11		property is directly or indirectly dangerous to health or
12		safety;
13		(4) if there is probable cause to believe that the
14		property is subject to forfeiture under this Act and the
15		property is seized under circumstances in which a
16		warrantless seizure or arrest would be reasonable; or
17		(5) in accordance with the Code of Criminal Procedure
18		of 1963.
19		(c) In the event of seizure pursuant to subsection (b),
20		notice shall be given forthwith to all known interest holders
21		that forfeiture proceedings, including a preliminary review,
22		shall be instituted in accordance with the Drug Asset
23		Forfeiture Procedure Act and such proceedings shall thereafter
24		be instituted in accordance with that Act. Upon a showing of
25		good cause, the notice required for a preliminary review under
26		this Section may be postponed.

SB0564 Engrossed - 190 - LRB100 04874 RLC 14884 b
1		(d) Property taken or detained under this Section shall not
2		be subject to replevin, but is deemed to be in the custody of
3		the Director subject only to the order and judgments of the
4		circuit court having jurisdiction over the forfeiture
5		proceedings and the decisions of the State's Attorney under the
6		Drug Asset Forfeiture Procedure Act. When property is seized
7		under this Act, the seizing agency shall promptly conduct an
8		inventory of the seized property and estimate the property's
9		value, and shall forward a copy of the inventory of seized
10		property and the estimate of the property's value to the
11		Director. Upon receiving notice of seizure, the Director may:
12		(1) place the property under seal;
13		(2) remove the property to a place designated by the
14		Director;
15		(3) keep the property in the possession of the seizing
16		agency;
17		(4) remove the property to a storage area for
18		safekeeping or, if the property is a negotiable instrument
19		or money and is not needed for evidentiary purposes,
20		deposit it in an interest bearing account;
21		(5) place the property under constructive seizure by
22		posting notice of pending forfeiture on it, by giving
23		notice of pending forfeiture to its owners and interest
24		holders, or by filing notice of pending forfeiture in any
25		appropriate public record relating to the property; or
26		(6) provide for another agency or custodian, including

SB0564 Engrossed - 191 - LRB100 04874 RLC 14884 b
1		an owner, secured party, or lienholder, to take custody of
2		the property upon the terms and conditions set by the
3		Director.
4		(e) If the Department of Financial and Professional
5		Regulation suspends or revokes a registration, all controlled
6		substances owned or possessed by the registrant at the time of
7		suspension or the effective date of the revocation order may be
8		placed under seal by the Director. No disposition may be made
9		of substances under seal until the time for taking an appeal
10		has elapsed or until all appeals have been concluded unless a
11		court, upon application therefor, orders the sale of perishable
12		substances and the deposit of the proceeds of the sale with the
13		court. Upon a suspension or revocation order becoming final,
14		all substances may be forfeited to the Illinois State Police.
15		(f) When property is forfeited under this Act the Director
16		shall sell all such property unless such property is required
17		by law to be destroyed or is harmful to the public, and shall
18		distribute the proceeds of the sale, together with any moneys
19		forfeited or seized, in accordance with subsection (g).
20		However, upon the application of the seizing agency or
21		prosecutor who was responsible for the investigation, arrest or
22		arrests and prosecution which lead to the forfeiture, the
23		Director may return any item of forfeited property to the
24		seizing agency or prosecutor for official use in the
25		enforcement of laws relating to cannabis or controlled
26		substances, if the agency or prosecutor can demonstrate that

SB0564 Engrossed - 192 - LRB100 04874 RLC 14884 b
1		the item requested would be useful to the agency or prosecutor
2		in their enforcement efforts. When any forfeited conveyance,
3		including an aircraft, vehicle, or vessel, is returned to the
4		seizing agency or prosecutor, the conveyance may be used
5		immediately in the enforcement of the criminal laws of this
6		State. Upon disposal, all proceeds from the sale of the
7		conveyance must be used for drug enforcement purposes. When any
8		real property returned to the seizing agency is sold by the
9		agency or its unit of government, the proceeds of the sale
10		shall be delivered to the Director and distributed in
11		accordance with subsection (g).
12		(g) All monies and the sale proceeds of all other property
13		forfeited and seized under this Act shall be distributed as
14		follows:
15		(1)(i) 65% shall be distributed to the metropolitan
16		enforcement group, local, municipal, county, or state law
17		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 the
21		law enforcement agency in the effort resulting in the
22		forfeiture, taking into account the total value of the
23		property forfeited and the total law enforcement effort
24		with respect to the violation of the law upon which the
25		forfeiture is based. Amounts distributed to the agency or
26		agencies shall be used for the enforcement of laws

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1		governing cannabis and controlled substances; for public
2		education in the community or schools in the prevention or
3		detection of the abuse of drugs or alcohol; or for security
4		cameras used for the prevention or detection of violence,
5		except that amounts distributed to the Secretary of State
6		shall be deposited into the Secretary of State Evidence
7		Fund to be used as provided in Section 2-115 of the
8		Illinois Vehicle Code.
9		(ii) Any local, municipal, or county law enforcement
10		agency entitled to receive a monetary distribution of
11		forfeiture proceeds may share those forfeiture proceeds
12		pursuant to the terms of an intergovernmental agreement
13		with a municipality that has a population in excess of
14		20,000 if:
15		(I) the receiving agency has entered into an
16		intergovernmental agreement with the municipality to
17		provide police services;
18		(II) the intergovernmental agreement for police
19		services provides for consideration in an amount of not
20		less than $1,000,000 per year;
21		(III) the seizure took place within the
22		geographical limits of the municipality; and
23		(IV) the funds are used only for the enforcement of
24		laws governing cannabis and controlled substances; for
25		public education in the community or schools in the
26		prevention or detection of the abuse of drugs or

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1		alcohol; or for security cameras used for the
2		prevention or detection of violence or the
3		establishment of a municipal police force, including
4		the training of officers, construction of a police
5		station, the purchase of law enforcement equipment, or
6		vehicles.
7		(2)(i) 12.5% shall be distributed to the Office of the
8		State's Attorney of the county in which the prosecution
9		resulting in the forfeiture was instituted, deposited in a
10		special fund in the county treasury and appropriated to the
11		State's Attorney for use in the enforcement of laws
12		governing cannabis and controlled substances; for public
13		education in the community or schools in the prevention or
14		detection of the abuse of drugs or alcohol; or at the
15		discretion of the State's Attorney, in addition to other
16		authorized purposes, to make grants to local substance
17		abuse treatment facilities and half-way houses. In
18		counties over 3,000,000 population, 25% will be
19		distributed to the Office of the State's Attorney for use
20		in the enforcement of laws governing cannabis and
21		controlled substances; for public education in the
22		community or schools in the prevention or detection of the
23		abuse of drugs or alcohol; or at the discretion of the
24		State's Attorney, in addition to other authorized
25		purposes, to make grants to local substance abuse treatment
26		facilities and half-way houses. If the prosecution is

SB0564 Engrossed - 195 - LRB100 04874 RLC 14884 b
1		undertaken solely by the Attorney General, the portion
2		provided hereunder shall be distributed to the Attorney
3		General for use in the enforcement of laws governing
4		cannabis and controlled substances or for public education
5		in the community or schools in the prevention or detection
6		of the abuse of drugs or alcohol.
7		(ii) 12.5% shall be distributed to the Office of the
8		State's Attorneys Appellate Prosecutor and deposited in
9		the Narcotics Profit Forfeiture Fund of that office to be
10		used for additional expenses incurred in the
11		investigation, prosecution and appeal of cases arising
12		under laws governing cannabis and controlled substances or
13		for public education in the community or schools in the
14		prevention or detection of the abuse of drugs or alcohol.
15		The Office of the State's Attorneys Appellate Prosecutor
16		shall not receive distribution from cases brought in
17		counties with over 3,000,000 population.
18		(3) 10% shall be retained by the Department of State
19		Police for expenses related to the administration and sale
20		of seized and forfeited property.
21		(h) Species of plants from which controlled substances in
22		Schedules I and II may be derived which have been planted or
23		cultivated in violation of this Act, or of which the owners or
24		cultivators are unknown, or which are wild growths, may be
25		seized and summarily forfeited to the State. The failure, upon
26		demand by the Director or any peace officer, of the person in

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1		occupancy or in control of land or premises upon which the
2		species of plants are growing or being stored, to produce
3		registration, or proof that he or she is the holder thereof,
4		constitutes authority for the seizure and forfeiture of the
5		plants.
6		(Source: P.A. 99-686, eff. 7-29-16.)
7		(Text of Section after amendment by P.A. 100-512)
8		Sec. 505. (a) The following are subject to forfeiture:
9		(1) (blank);
10		(2) all raw materials, products, and equipment of any
11		kind which are used, or intended for use in manufacturing,
12		distributing, dispensing, administering or possessing any
13		substance in violation of this Act;
14		(3) all conveyances, including aircraft, vehicles, or
15		vessels, which are used, or intended for use, to transport,
16		or in any manner to facilitate the transportation, sale,
17		receipt, possession, or concealment of substances
18		manufactured, distributed, dispensed, or possessed in
19		violation of this Act, or property described in paragraph
20		paragraphs (2) of this subsection (a), but:
21		(i) no conveyance used by any person as a common
22		carrier in the transaction of business as a common
23		carrier is subject to forfeiture under this Section
24		unless it appears that the owner or other person in
25		charge of the conveyance is a consenting party or privy

SB0564 Engrossed - 197 - LRB100 04874 RLC 14884 b
1		to a violation of this Act;
2		(ii) no conveyance is subject to forfeiture under
3		this Section by reason of any act or omission which the
4		owner proves to have been committed or omitted without
5		his or her knowledge or consent;
6		(iii) a forfeiture of a conveyance encumbered by a
7		bona fide security interest is subject to the interest
8		of the secured party if he or she neither had knowledge
9		of nor consented to the act or omission;
10		(4) all money, things of value, books, records, and
11		research products and materials including formulas,
12		microfilm, tapes, and data which are used, or intended to
13		be used in violation of this Act;
14		(5) everything of value furnished, or intended to be
15		furnished, in exchange for a substance in violation of this
16		Act, all proceeds traceable to such an exchange, and all
17		moneys, negotiable instruments, and securities used, or
18		intended to be used, to commit or in any manner to
19		facilitate any violation of this Act;
20		(6) all real property, including any right, title, and
21		interest (including, but not limited to, any leasehold
22		interest or the beneficial interest in a land trust) in the
23		whole of any lot or tract of land and any appurtenances or
24		improvements, which is used or intended to be used, in any
25		manner or part, to commit, or in any manner to facilitate
26		the commission of, any violation or act that constitutes a

SB0564 Engrossed - 198 - LRB100 04874 RLC 14884 b
1		violation of Section 401 or 405 of this Act or that is the
2		proceeds of any violation or act that constitutes a
3		violation of Section 401 or 405 of this Act.
4		(b) Property subject to forfeiture under this Act may be
5		seized under the Drug Asset Forfeiture Procedure Act. In the
6		event of seizure, forfeiture proceedings shall be instituted
7		under the Drug Asset Forfeiture Procedure Act.
8		(c) Forfeiture under this Act is subject to subject to an
9		8th Amendment amendment to the United States Constitution
10		disproportionate penalties analysis as provided under Section
11		9.5 of the Drug Asset Forfeiture Procedure Act.
12		(d) With regard to possession of controlled substances
13		offenses only, a sum of currency with a value of less than $500
14		shall not be subject to forfeiture under this Act. For all
15		other offenses under this Act, a sum of currency with a value
16		of less than currency with a value of under $100 shall not be
17		subject to forfeiture under this Act. In seizures of currency
18		in excess of these amounts, this Section shall not create an
19		exemption for these amounts.
20		(d-5) For felony offenses involving possession of
21		controlled substances only, no property shall be subject to
22		forfeiture under this Act because of the possession of less
23		than 2 single unit doses of a controlled substance. This
24		exemption shall not apply in instances when the possessor, or
25		another person at the direction of the possessor, engaged in
26		the destruction of any amount of a controlled substance. The

SB0564 Engrossed - 199 - LRB100 04874 RLC 14884 b
1		amount of a single unit dose shall be the State's burden to
2		prove in its their case in chief.
3		(e) If the Department of Financial and Professional
4		Regulation suspends or revokes a registration, all controlled
5		substances owned or possessed by the registrant at the time of
6		suspension or the effective date of the revocation order may be
7		placed under seal by the Director. No disposition may be made
8		of substances under seal until the time for taking an appeal
9		has elapsed or until all appeals have been concluded unless a
10		court, upon application therefor, orders the sale of perishable
11		substances and the deposit of the proceeds of the sale with the
12		court. Upon a suspension or revocation order becoming final,
13		all substances are subject to seizure and forfeiture under the
14		Drug Asset Forfeiture Procedure Act.
15		(f) (Blank).
16		(g) (Blank).
17		(h) (Blank).
18		(i) Contraband, including controlled substances possessed
19		without authorization under State or federal law, is not
20		subject to forfeiture. No property right exists in contraband.
21		Contraband is subject to seizure and shall be disposed of
22		according to State law.
23		(j) The changes made to this Section by Public Act 100-0512
24		and this amendatory Act of the 100th General Assembly only
25		apply to property seized on and after July 1, 2018.
26		(k) The changes made to this Section by this amendatory Act

SB0564 Engrossed - 200 - LRB100 04874 RLC 14884 b
1		of the 100th General Assembly are subject to Section 4 of the
2		Statute on Statutes.
3		(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
4		Section 35. The Methamphetamine Control and Community
5		Protection Act is amended by changing Section 85 as follows:
6		(720 ILCS 646/85)
7		(Text of Section before amendment by P.A. 100-512)
8		Sec. 85. Forfeiture.
9		(a) The following are subject to forfeiture:
10		(1) all substances containing methamphetamine which
11		have been produced, manufactured, delivered, or possessed
12		in violation of this Act;
13		(2) all methamphetamine manufacturing materials which
14		have been produced, delivered, or possessed in connection
15		with any substance containing methamphetamine in violation
16		of this Act;
17		(3) all conveyances, including aircraft, vehicles or
18		vessels, which are used, or intended for use, to transport,
19		or in any manner to facilitate the transportation, sale,
20		receipt, possession, or concealment of property described
21		in paragraph (1) or (2) that constitutes a felony violation
22		of the Act, but:
23		(i) no conveyance used by any person as a common
24		carrier in the transaction of business as a common

SB0564 Engrossed - 201 - LRB100 04874 RLC 14884 b
1		carrier is subject to forfeiture under this Section
2		unless it appears that the owner or other person in
3		charge of the conveyance is a consenting party or privy
4		to a violation of this Act;
5		(ii) no conveyance is subject to forfeiture under
6		this Section by reason of any act or omission which the
7		owner proves to have been committed or omitted without
8		his or her knowledge or consent;
9		(iii) a forfeiture of a conveyance encumbered by a
10		bona fide security interest is subject to the interest
11		of the secured party if he or she neither had knowledge
12		of nor consented to the act or omission;
13		(4) all money, things of value, books, records, and
14		research products and materials including formulas,
15		microfilm, tapes, and data which are used, or intended for
16		use in a felony violation of this Act;
17		(5) everything of value furnished or intended to be
18		furnished by any person in exchange for a substance in
19		violation of this Act, all proceeds traceable to such an
20		exchange, and all moneys, negotiable instruments, and
21		securities used, or intended to be used, to commit or in
22		any manner to facilitate any felony violation of this Act.
23		(6) all real property, including any right, title, and
24		interest (including, but not limited to, any leasehold
25		interest or the beneficial interest in a land trust) in the
26		whole of any lot or tract of land and any appurtenances or

SB0564 Engrossed - 202 - LRB100 04874 RLC 14884 b
1		improvements, which is used, or intended to be used, in any
2		manner or part, to commit, or in any manner to facilitate
3		the commission of, any violation or act that constitutes a
4		violation of this Act or that is the proceeds of any
5		violation or act that constitutes a violation of this Act.
6		(b) Property subject to forfeiture under this Act may be
7		seized by the Director or any peace officer upon process or
8		seizure warrant issued by any court having jurisdiction over
9		the property. Seizure by the Director or any peace officer
10		without process may be made:
11		(1) if the property subject to seizure has been the
12		subject of a prior judgment in favor of the State in a
13		criminal proceeding or in an injunction or forfeiture
14		proceeding based upon this Act or the Drug Asset Forfeiture
15		Procedure Act;
16		(2) if there is probable cause to believe that the
17		property is directly or indirectly dangerous to health or
18		safety;
19		(3) if there is probable cause to believe that the
20		property is subject to forfeiture under this Act and the
21		property is seized under circumstances in which a
22		warrantless seizure or arrest would be reasonable; or
23		(4) in accordance with the Code of Criminal Procedure
24		of 1963.
25		(c) In the event of seizure pursuant to subsection (b),
26		notice shall be given forthwith to all known interest holders

SB0564 Engrossed - 203 - LRB100 04874 RLC 14884 b
1		that forfeiture proceedings, including a preliminary review,
2		shall be instituted in accordance with the Drug Asset
3		Forfeiture Procedure Act and such proceedings shall thereafter
4		be instituted in accordance with that Act. Upon a showing of
5		good cause, the notice required for a preliminary review under
6		this Section may be postponed.
7		(d) Property taken or detained under this Section is not
8		subject to replevin, but is deemed to be in the custody of the
9		Director subject only to the order and judgments of the circuit
10		court having jurisdiction over the forfeiture proceedings and
11		the decisions of the State's Attorney under the Drug Asset
12		Forfeiture Procedure Act. When property is seized under this
13		Act, the seizing agency shall promptly conduct an inventory of
14		the seized property, estimate the property's value, and forward
15		a copy of the inventory of seized property and the estimate of
16		the property's value to the Director. Upon receiving notice of
17		seizure, the Director may:
18		(1) place the property under seal;
19		(2) remove the property to a place designated by him or
20		her;
21		(3) keep the property in the possession of the seizing
22		agency;
23		(4) remove the property to a storage area for
24		safekeeping or, if the property is a negotiable instrument
25		or money and is not needed for evidentiary purposes,
26		deposit it in an interest bearing account;

SB0564 Engrossed - 204 - LRB100 04874 RLC 14884 b
1		(5) place the property under constructive seizure by
2		posting notice of pending forfeiture on it, by giving
3		notice of pending forfeiture to its owners and interest
4		holders, or by filing notice of pending forfeiture in any
5		appropriate public record relating to the property; or
6		(6) provide for another agency or custodian, including
7		an owner, secured party, or lienholder, to take custody of
8		the property upon the terms and conditions set by the
9		Director.
10		(e) No disposition may be made of property under seal until
11		the time for taking an appeal has elapsed or until all appeals
12		have been concluded unless a court, upon application therefor,
13		orders the sale of perishable substances and the deposit of the
14		proceeds of the sale with the court.
15		(f) When property is forfeited under this Act, the Director
16		shall sell the property unless the property is required by law
17		to be destroyed or is harmful to the public, and shall
18		distribute the proceeds of the sale, together with any moneys
19		forfeited or seized, in accordance with subsection (g).
20		However, upon the application of the seizing agency or
21		prosecutor who was responsible for the investigation, arrest or
22		arrests and prosecution which lead to the forfeiture, the
23		Director may return any item of forfeited property to the
24		seizing agency or prosecutor for official use in the
25		enforcement of laws relating to methamphetamine, cannabis, or
26		controlled substances, if the agency or prosecutor

SB0564 Engrossed - 205 - LRB100 04874 RLC 14884 b
1		demonstrates that the item requested would be useful to the
2		agency or prosecutor in their enforcement efforts. When any
3		forfeited conveyance, including an aircraft, vehicle, or
4		vessel, is returned to the seizing agency or prosecutor, the
5		conveyance may be used immediately in the enforcement of the
6		criminal laws of this State. Upon disposal, all proceeds from
7		the sale of the conveyance must be used for drug enforcement
8		purposes. When any real property returned to the seizing agency
9		is sold by the agency or its unit of government, the proceeds
10		of the sale shall be delivered to the Director and distributed
11		in accordance with subsection (g).
12		(g) All moneys and the sale proceeds of all other property
13		forfeited and seized under this Act shall be distributed as
14		follows:
15		(1)(i) 65% shall be distributed to the metropolitan
16		enforcement group, local, municipal, county, or State law
17		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 the
21		law enforcement agency in the effort resulting in the
22		forfeiture, taking into account the total value of the
23		property forfeited and the total law enforcement effort
24		with respect to the violation of the law upon which the
25		forfeiture is based. Amounts distributed to the agency or
26		agencies shall be used for the enforcement of laws

SB0564 Engrossed - 206 - LRB100 04874 RLC 14884 b
1		governing methamphetamine, cannabis, and controlled
2		substances; for public education in the community or
3		schools in the prevention or detection of the abuse of
4		drugs or alcohol; or for security cameras used for the
5		prevention or detection of violence, except that amounts
6		distributed to the Secretary of State shall be deposited
7		into the Secretary of State Evidence Fund to be used as
8		provided in Section 2-115 of the Illinois Vehicle Code.
9		(ii) Any local, municipal, or county law enforcement
10		agency entitled to receive a monetary distribution of
11		forfeiture proceeds may share those forfeiture proceeds
12		pursuant to the terms of an intergovernmental agreement
13		with a municipality that has a population in excess of
14		20,000 if:
15		(I) the receiving agency has entered into an
16		intergovernmental agreement with the municipality to
17		provide police services;
18		(II) the intergovernmental agreement for police
19		services provides for consideration in an amount of not
20		less than $1,000,000 per year;
21		(III) the seizure took place within the
22		geographical limits of the municipality; and
23		(IV) the funds are used only for the enforcement of
24		laws governing cannabis and controlled substances; for
25		public education in the community or schools in the
26		prevention or detection of the abuse of drugs or

SB0564 Engrossed - 207 - LRB100 04874 RLC 14884 b
1		alcohol; or for security cameras used for the
2		prevention or detection of violence or the
3		establishment of a municipal police force, including
4		the training of officers, construction of a police
5		station, the purchase of law enforcement equipment, or
6		vehicles.
7		(2)(i) 12.5% shall be distributed to the Office of the
8		State's Attorney of the county in which the prosecution
9		resulting in the forfeiture was instituted, deposited in a
10		special fund in the county treasury and appropriated to the
11		State's Attorney for use in the enforcement of laws
12		governing methamphetamine, cannabis, and controlled
13		substances; for public education in the community or
14		schools in the prevention or detection of the abuse of
15		drugs or alcohol; or at the discretion of the State's
16		Attorney, in addition to other authorized purposes, to make
17		grants to local substance abuse treatment facilities and
18		half-way houses. In counties with a population over
19		3,000,000, 25% shall be distributed to the Office of the
20		State's Attorney for use in the enforcement of laws
21		governing methamphetamine, cannabis, and controlled
22		substances; for public education in the community or
23		schools in the prevention or detection of the abuse of
24		drugs or alcohol; or at the discretion of the State's
25		Attorney, in addition to other authorized purposes, to make
26		grants to local substance abuse treatment facilities and

SB0564 Engrossed - 208 - LRB100 04874 RLC 14884 b
1		half-way houses. If the prosecution is undertaken solely by
2		the Attorney General, the portion provided hereunder shall
3		be distributed to the Attorney General for use in the
4		enforcement of laws governing methamphetamine, cannabis,
5		and controlled substances or for public education in the
6		community or schools in the prevention or detection of the
7		abuse of drugs or alcohol.
8		(ii) 12.5% shall be distributed to the Office of the
9		State's Attorneys Appellate Prosecutor and deposited in
10		the Narcotics Profit Forfeiture Fund of that Office to be
11		used for additional expenses incurred in the
12		investigation, prosecution and appeal of cases arising
13		under laws governing methamphetamine, cannabis, and
14		controlled substances or for public education in the
15		community or schools in the prevention or detection of the
16		abuse of drugs or alcohol. The Office of the State's
17		Attorneys Appellate Prosecutor shall not receive
18		distribution from cases brought in counties with a
19		population over 3,000,000.
20		(3) 10% shall be retained by the Department of State
21		Police for expenses related to the administration and sale
22		of seized and forfeited property.
23		(Source: P.A. 99-686, eff. 7-29-16.)
24		(Text of Section after amendment by P.A. 100-512)
25		Sec. 85. Forfeiture.

SB0564 Engrossed - 209 - LRB100 04874 RLC 14884 b
1		(a) The following are subject to forfeiture:
2		(1) (blank);
3		(2) all methamphetamine manufacturing materials which
4		have been produced, delivered, or possessed in connection
5		with any substance containing methamphetamine in violation
6		of 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 (2) of this subsection (a) that constitutes a
13		felony violation of the Act, but:
14		(i) no conveyance used by any person as a common
15		carrier in the transaction of business as a common
16		carrier is subject to forfeiture under this Section
17		unless it appears that the owner or other person in
18		charge of the conveyance is a consenting party or privy
19		to the violation;
20		(ii) no conveyance is subject to forfeiture under
21		this Section by reason of any act or omission which the
22		owner proves to have been committed or omitted without
23		his or her knowledge or consent;
24		(iii) a forfeiture of a conveyance encumbered by a
25		bona fide security interest is subject to the interest
26		of the secured party if he or she neither had knowledge

SB0564 Engrossed - 210 - LRB100 04874 RLC 14884 b
1		of nor consented to the act or omission;
2		(4) all money, things of value, books, records, and
3		research products and materials including formulas,
4		microfilm, tapes, and data which are used, or intended for
5		use in a felony violation of this Act;
6		(5) everything of value furnished or intended to be
7		furnished by any person in exchange for a substance in
8		violation of this Act, all proceeds traceable to such an
9		exchange, and all moneys, negotiable instruments, and
10		securities used, or intended to be used, to commit or in
11		any manner to facilitate any felony violation of this Act;
12		.
13		(6) all real property, including any right, title, and
14		interest (including, but not limited to, any leasehold
15		interest or the beneficial interest in a land trust) in the
16		whole of any lot or tract of land and any appurtenances or
17		improvements, which is used, or intended to be used, in any
18		manner or part, to commit, or in any manner to facilitate
19		the commission of, any violation or act that constitutes a
20		violation of this Act or that is the proceeds of any
21		violation or act that constitutes a violation of this Act.
22		(b) Property subject to forfeiture under this Act may be
23		seized under the Drug Asset Forfeiture Procedure Act. In the
24		event of seizure, forfeiture proceedings shall be instituted
25		under the Drug Asset Forfeiture Procedure Act.
26		(c) Forfeiture under this Act is subject to subject to an

SB0564 Engrossed - 211 - LRB100 04874 RLC 14884 b
1		8th Amendment amendment to the United States Constitution
2		disproportionate penalties analysis as provided under Section
3		9.5 of the Drug Asset Forfeiture Procedure Act.
4		(d) With regard to possession of methamphetamine offenses
5		only, a sum of currency with a value of less than $500 shall
6		not be subject to forfeiture under this Act. For all other
7		offenses under this Act, a sum of currency with a value of less
8		than under $100 shall not be subject to forfeiture under this
9		Act. In seizures of currency in excess of these amounts, this
10		Section shall not create an exemption for these amounts.
11		(e) For felony offenses involving possession of a substance
12		containing methamphetamine only, no property shall be subject
13		to forfeiture under this Act because of the possession of less
14		than 2 single unit doses of a substance. This exemption shall
15		not apply in instances when the possessor, or another person at
16		the direction of the possessor, is engaged in the destruction
17		of any amount of a substance containing methamphetamine. The
18		amount of a single unit dose shall be the State's burden to
19		prove in its their case in chief.
20		(f) (Blank).
21		(g) (Blank).
22		(h) Contraband, including methamphetamine or any
23		controlled substance possessed without authorization under
24		State or federal law, is not subject to forfeiture. No property
25		right exists in contraband. Contraband is subject to seizure
26		and shall be disposed of according to State law.

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1		(i) The changes made to this Section by Public Act 100-0512
2		and this amendatory Act of the 100th General Assembly only
3		apply to property seized on and after July 1, 2018.
4		(j) The changes made to this Section by this amendatory Act
5		of the 100th General Assembly are subject to Section 4 of the
6		Statute on Statutes.
7		(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)
8		Section 40. The Drug Asset Forfeiture Procedure Act is
9		amended by changing Sections 3.1, 3.3, 3.5, 4, 5, 5.1, 6, 7, 8,
10		9, 9.1, and 11, by adding Section 13.4, renumbering and
11		changing Sections 15 and 17, and renumbering Section 20 as
12		follows:
13		(725 ILCS 150/3.1)
14		(This Section may contain text from a Public Act with a
15		delayed effective date)
16		Sec. 3.1. Seizure.
17		(a) Actual physical seizure of real property subject to
18		forfeiture under this Act requires the issuance of a seizure
19		warrant. Nothing in this Section prohibits the constructive
20		seizure of real property through the filing of a complaint for
21		forfeiture in circuit court and the recording of a lis pendens
22		against the real property without a hearing, warrant
23		application, or judicial approval.
24		(b) Personal property subject to forfeiture under the

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1		Illinois Controlled Substances Act, the Cannabis Control Act,
2		the Illinois Food, Drug and Cosmetic Act, or the
3		Methamphetamine Control and Community Protection Act may be
4		seized by the Director of State Police or any peace officer
5		upon process or seizure warrant issued by any court having
6		jurisdiction over the property.
7		(c) Personal property subject to forfeiture under the
8		Illinois Controlled Substances Act, the Cannabis Control Act,
9		the Illinois Food, Drug and Cosmetic Act, or the
10		Methamphetamine Control and Community Protection Act may be
11		seized by the Director of State Police or any peace officer
12		without process:
13		(1) if the seizure is incident to inspection under an
14		administrative inspection warrant;
15		(2) if the property subject to seizure has been the
16		subject of a prior judgment in favor of the State in a
17		criminal proceeding or in an injunction or forfeiture
18		proceeding based upon this Act;
19		(3) if there is probable cause to believe that the
20		property is directly or indirectly dangerous to health or
21		safety;
22		(4) if there is probable cause to believe that the
23		property is subject to forfeiture under the Illinois
24		Controlled Substances Act, the Cannabis Control Act, the
25		Illinois Food, Drug and Cosmetic Act, or the
26		Methamphetamine Control and Community Protection Act, and

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1		the property is seized under circumstances in which a
2		warrantless seizure or arrest would be reasonable; or
3		(5) under the Code of Criminal Procedure of 1963.
4		(d) If a conveyance is seized under this Act, an
5		investigation shall be made by the law enforcement agency as to
6		any person whose right, title, interest, or lien is of record
7		in the office of the agency or official in which title to or
8		interest in to the conveyance is required by law to be
9		recorded.
10		(e) After seizure under this Section, notice shall be given
11		to all known interest holders that forfeiture proceedings,
12		including a preliminary review, may be instituted and the
13		proceedings may be instituted under this Act. Upon a showing of
14		good cause related to an ongoing investigation, the notice
15		required for a preliminary review under this Section may be
16		postponed.
17		(Source: P.A. 100-512, eff. 7-1-18.)
18		(725 ILCS 150/3.3)
19		(This Section may contain text from a Public Act with a
20		delayed effective date)
21		Sec. 3.3. Safekeeping of seized property pending
22		disposition.
23		(a) Property seized under this Act is deemed to be in the
24		custody of the Director of State Police, subject only to the
25		order and judgments of the circuit court having jurisdiction

SB0564 Engrossed - 215 - LRB100 04874 RLC 14884 b
1		over the forfeiture proceedings and the decisions of the
2		State's Attorney under this Act.
3		(b) If property is seized under this Act, the seizing
4		agency shall promptly conduct an inventory of the seized
5		property and estimate the property's value, and shall forward a
6		copy of the inventory of seized property and the estimate of
7		the property's value to the Director of State Police. Upon
8		receiving notice of seizure, the Director of State Police may:
9		(1) place the property under seal;
10		(2) remove the property to a place designated by the
11		seizing agency;
12		(3) keep the property in the possession of the Director
13		of State Police;
14		(4) remove the property to a storage area for
15		safekeeping; or
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		seizing agency.
25		(c) The seizing agency is required to exercise ordinary
26		care to protect the seized property from negligent loss,

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1		damage, or destruction.
2		(Source: P.A. 100-512, eff. 7-1-18.)
3		(725 ILCS 150/3.5)
4		(Text of Section before amendment by P.A. 100-512)
5		Sec. 3.5. Preliminary review.
6		(a) Within 14 days of the seizure, the State shall seek a
7		preliminary determination from the circuit court as to whether
8		there is probable cause that the property may be subject to
9		forfeiture.
10		(b) The rules of evidence shall not apply to any proceeding
11		conducted under this Section.
12		(c) The court may conduct the review under subsection (a)
13		simultaneously with a proceeding pursuant to Section 109-1 of
14		the Code of Criminal Procedure of 1963 for a related criminal
15		offense if a prosecution is commenced by information or
16		complaint.
17		(d) The court may accept a finding of probable cause at a
18		preliminary hearing following the filing of an information or
19		complaint charging a related criminal offense or following the
20		return of indictment by a grand jury charging the related
21		offense as sufficient evidence of probable cause as required
22		under subsection (a).
23		(e) Upon making a finding of probable cause as required
24		under this Section, the circuit court shall order the property
25		subject to the provisions of the applicable forfeiture Act held

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1		until the conclusion of any forfeiture proceeding.
2		For seizures of conveyances, within 7 days of a finding of
3		probable cause under subsection (a), the registered owner or
4		other claimant may file a motion in writing supported by sworn
5		affidavits claiming that denial of the use of the conveyance
6		during the pendency of the forfeiture proceedings creates a
7		substantial hardship. The court shall consider the following
8		factors in determining whether a substantial hardship has been
9		proven:
10		(1) the nature of the claimed hardship;
11		(2) the availability of public transportation or other
12		available means of transportation; and
13		(3) any available alternatives to alleviate the
14		hardship other than the return of the seized conveyance.
15		If the court determines that a substantial hardship has
16		been proven, the court shall then balance the nature of the
17		hardship against the State's interest in safeguarding the
18		conveyance. If the court determines that the hardship outweighs
19		the State's interest in safeguarding the conveyance, the court
20		may temporarily release the conveyance to the registered owner
21		or the registered owner's authorized designee, or both, until
22		the conclusion of the forfeiture proceedings or for such
23		shorter period as ordered by the court provided that the person
24		to whom the conveyance is released provides proof of insurance
25		and a valid driver's license and all State and local
26		registrations for operation of the conveyance are current. The

SB0564 Engrossed - 218 - LRB100 04874 RLC 14884 b
1		court shall place conditions on the conveyance limiting its use
2		to the stated hardship and restricting the conveyance's use to
3		only those individuals authorized to use the conveyance by the
4		registered owner. The court shall revoke the order releasing
5		the conveyance and order that the conveyance be reseized by law
6		enforcement if the conditions of release are violated or if the
7		conveyance is used in the commission of any offense identified
8		in subsection (a) of Section 6-205 of the Illinois Vehicle
9		Code.
10		If the court orders the release of the conveyance during
11		the pendency of the forfeiture proceedings, the registered
12		owner or his or her authorized designee shall post a cash
13		security with the Clerk of the Court as ordered by the court.
14		The court shall consider the following factors in determining
15		the amount of the cash security:
16		(A) the full market value of the conveyance;
17		(B) the nature of the hardship;
18		(C) the extent and length of the usage of the
19		conveyance; and
20		(D) such other conditions as the court deems necessary
21		to safeguard the conveyance.
22		If the conveyance is released, the court shall order that
23		the registered owner or his or her designee safeguard the
24		conveyance, not remove the conveyance from the jurisdiction,
25		not conceal, destroy, or otherwise dispose of the conveyance,
26		not encumber the conveyance, and not diminish the value of the

SB0564 Engrossed - 219 - LRB100 04874 RLC 14884 b
1		conveyance in any way. The court shall also make a
2		determination of the full market value of the conveyance prior
3		to it being released based on a source or sources defined in 50
4		Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
5		If the conveyance subject to forfeiture is released under
6		this Section and is subsequently forfeited, the person to whom
7		the conveyance was released shall return the conveyance to the
8		law enforcement agency that seized the conveyance within 7 days
9		from the date of the declaration of forfeiture or order of
10		forfeiture. If the conveyance is not returned within 7 days,
11		the cash security shall be forfeited in the same manner as the
12		conveyance subject to forfeiture. If the cash security was less
13		than the full market value, a judgment shall be entered against
14		the parties to whom the conveyance was released and the
15		registered owner, jointly and severally, for the difference
16		between the full market value and the amount of the cash
17		security. If the conveyance is returned in a condition other
18		than the condition in which it was released, the cash security
19		shall be returned to the surety who posted the security minus
20		the amount of the diminished value, and that amount shall be
21		forfeited in the same manner as the conveyance subject to
22		forfeiture. Additionally, the court may enter an order allowing
23		any law enforcement agency in the State of Illinois to seize
24		the conveyance wherever it may be found in the State to satisfy
25		the judgment if the cash security was less than the full market
26		value of the conveyance.

SB0564 Engrossed - 220 - LRB100 04874 RLC 14884 b
1		(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
2		(Text of Section after amendment by P.A. 100-512)
3		Sec. 3.5. Preliminary review.
4		(a) Within 14 days of the seizure, the State shall seek a
5		preliminary determination from the circuit court as to whether
6		there is probable cause that the property may be subject to
7		forfeiture.
8		(b) The rules of evidence shall not apply to any proceeding
9		conducted under this Section.
10		(c) The court may conduct the review under subsection (a)
11		of this Section simultaneously with a proceeding under pursuant
12		to Section 109-1 of the Code of Criminal Procedure of 1963 for
13		a related criminal offense if a prosecution is commenced by
14		information or complaint.
15		(d) The court may accept a finding of probable cause at a
16		preliminary hearing following the filing of an information or
17		complaint charging a related criminal offense or following the
18		return of indictment by a grand jury charging the related
19		offense as sufficient evidence of probable cause as required
20		under subsection (a) of this Section.
21		(e) Upon making a finding of probable cause as required
22		under this Section, the circuit court shall order the property
23		subject to the provisions of the applicable forfeiture Act held
24		until the conclusion of any forfeiture proceeding.
25		For seizures of conveyances, within 28 days after a finding

SB0564 Engrossed - 221 - LRB100 04874 RLC 14884 b
1		of probable cause under subsection (a) of this Section, the
2		registered owner or other claimant may file a motion in writing
3		supported by sworn affidavits claiming that denial of the use
4		of the conveyance during the pendency of the forfeiture
5		proceedings creates a substantial hardship and alleges facts
6		showing that the hardship delay was not due to his or her
7		culpable negligence. The court shall consider the following
8		factors in determining whether a substantial hardship has been
9		proven:
10		(1) the nature of the claimed hardship;
11		(2) the availability of public transportation or other
12		available means of transportation; and
13		(3) any available alternatives to alleviate the
14		hardship other than the return of the seized conveyance.
15		If the court determines that a substantial hardship has
16		been proven, the court shall then balance the nature of the
17		hardship against the State's interest in safeguarding the
18		conveyance. If the court determines that the hardship outweighs
19		the State's interest in safeguarding the conveyance, the court
20		may temporarily release the conveyance to the registered owner
21		or the registered owner's authorized designee, or both, until
22		the conclusion of the forfeiture proceedings or for such
23		shorter period as ordered by the court provided that the person
24		to whom the conveyance is released provides proof of insurance
25		and a valid driver's license and all State and local
26		registrations for operation of the conveyance are current. The

SB0564 Engrossed - 222 - LRB100 04874 RLC 14884 b
1		court shall place conditions on the conveyance limiting its use
2		to the stated hardship and providing transportation for
3		employment, religious purposes, medical needs, child care, and
4		obtaining food, and restricting the conveyance's use to only
5		those individuals authorized to use the conveyance by the
6		registered owner. The use of the vehicle shall be further
7		restricted to exclude all recreational and entertainment
8		purposes. The court may order any additional restrictions it
9		deems reasonable and just on its own motion or on motion of the
10		People. The court shall revoke the order releasing the
11		conveyance and order that the conveyance be reseized by law
12		enforcement if the conditions of release are violated or if the
13		conveyance is used in the commission of any offense identified
14		in subsection (a) of Section 6-205 of the Illinois Vehicle
15		Code.
16		If the court orders the release of the conveyance during
17		the pendency of the forfeiture proceedings, the court may order
18		the registered owner or his or her authorized designee to post
19		a cash security with the clerk Clerk of the court Court as
20		ordered by the court. If cash security is ordered, the court
21		shall consider the following factors in determining the amount
22		of the cash security:
23		(A) the full market value of the conveyance;
24		(B) the nature of the hardship;
25		(C) the extent and length of the usage of the
26		conveyance;

SB0564 Engrossed - 223 - LRB100 04874 RLC 14884 b
1		(D) the ability of the owner or designee to pay; and
2		(E) other conditions as the court deems necessary to
3		safeguard the conveyance.
4		If the conveyance is released, the court shall order that
5		the registered owner or his or her designee safeguard the
6		conveyance, not remove the conveyance from the jurisdiction,
7		not conceal, destroy, or otherwise dispose of the conveyance,
8		not encumber the conveyance, and not diminish the value of the
9		conveyance in any way. The court shall also make a
10		determination of the full market value of the conveyance prior
11		to it being released based on a source or sources defined in 50
12		Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
13		If the conveyance subject to forfeiture is released under
14		this Section and is subsequently forfeited, the person to whom
15		the conveyance was released shall return the conveyance to the
16		law enforcement agency that seized the conveyance within 7 days
17		from the date of the declaration of forfeiture or order of
18		forfeiture. If the conveyance is not returned within 7 days,
19		the cash security shall be forfeited in the same manner as the
20		conveyance subject to forfeiture. If the cash security was less
21		than the full market value, a judgment shall be entered against
22		the parties to whom the conveyance was released and the
23		registered owner, jointly and severally, for the difference
24		between the full market value and the amount of the cash
25		security. If the conveyance is returned in a condition other
26		than the condition in which it was released, the cash security

SB0564 Engrossed - 224 - LRB100 04874 RLC 14884 b
1		shall be returned to the surety who posted the security minus
2		the amount of the diminished value, and that amount shall be
3		forfeited in the same manner as the conveyance subject to
4		forfeiture. Additionally, the court may enter an order allowing
5		any law enforcement agency in the State of Illinois to seize
6		the conveyance wherever it may be found in the State to satisfy
7		the judgment if the cash security was less than the full market
8		value of the conveyance.
9		(Source: P.A. 100-512, eff. 7-1-18.)
10		(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)
11		(Text of Section before amendment by P.A. 100-512)
12		Sec. 4. Notice to owner or interest holder.
13		(A) Whenever notice of pending forfeiture or service of an
14		in rem complaint is required under the provisions of this Act,
15		such notice or service shall be given as follows:
16		(1) If the owner's or interest holder's name and
17		current address are known, then by either personal service
18		or mailing a copy of the notice by certified mail, return
19		receipt requested, to that address. For purposes of notice
20		under this Section, if a person has been arrested for the
21		conduct giving rise to the forfeiture, then the address
22		provided to the arresting agency at the time of arrest
23		shall be deemed to be that person's known address.
24		Provided, however, if an owner or interest holder's address
25		changes prior to the effective date of the notice of

SB0564 Engrossed - 225 - LRB100 04874 RLC 14884 b
1		pending forfeiture, the owner or interest holder shall
2		promptly notify the seizing agency of the change in address
3		or, if the owner or interest holder's address changes
4		subsequent to the effective date of the notice of pending
5		forfeiture, the owner or interest holder shall promptly
6		notify the State's Attorney of the change in address; or
7		(2) If the property seized is a conveyance, to the
8		address reflected in the office of the agency or official
9		in which title or interest to the conveyance is required by
10		law to be recorded, then by mailing a copy of the notice by
11		certified mail, return receipt requested, to that address;
12		or
13		(3) If the owner's or interest holder's address is not
14		known, and is not on record as provided in paragraph (2),
15		then by publication for 3 successive weeks in a newspaper
16		of general circulation in the county in which the seizure
17		occurred.
18		(B) Notice served under this Act is effective upon personal
19		service, the last date of publication, or the mailing of
20		written notice, whichever is earlier.
21		(Source: P.A. 86-1382; 87-614.)
22		(Text of Section after amendment by P.A. 100-512)
23		Sec. 4. Notice to owner or interest holder. The first
24		attempted service of notice shall be commenced within 28 days
25		of the filing of the verified claim or the receipt of the

SB0564 Engrossed - 226 - LRB100 04874 RLC 14884 b
1		notice from the seizing agency by Illinois State Police
2		Notice/Inventory of Seized Property (Form 4-64) the form 4-64,
3		whichever occurs sooner. A complaint for forfeiture or a notice
4		of pending forfeiture shall be served upon the property owner
5		or interest holder in the following manner:
6		(1) If the owner's or interest holder's name and
7		current address are known, then by either:
8		(A) personal service; or
9		(B) mailing a copy of the notice by certified mail,
10		return receipt requested, and first class mail, to that
11		address.
12		(i) If notice is sent by certified mail and no
13		signed return receipt is received by the State's
14		Attorney within 28 days of mailing, and no
15		communication from the owner or interest holder is
16		received by the State's Attorney documenting
17		actual notice by said parties, then the State's
18		Attorney shall, within a reasonable period of
19		time, mail a second copy of the notice by certified
20		mail, return receipt requested, and first class
21		mail, to that address.
22		(ii) If no signed return receipt is received by
23		the State's Attorney within 28 days of the second
24		attempt at service by certified mail, and no
25		communication from the owner or interest holder is
26		received by the State's Attorney documenting

SB0564 Engrossed - 227 - LRB100 04874 RLC 14884 b
1		actual notice by said parties, then the State's
2		Attorney shall have 60 days to attempt to serve the
3		notice by personal service, which also includes
4		substitute service by leaving a copy at the usual
5		place of abode, with some person of the family or a
6		person residing there, of the age of 13 years or
7		upwards. If, after 3 attempts at service in this
8		manner, no service of the notice is accomplished,
9		then the notice shall be posted in a conspicuous
10		manner at this address and service shall be made by
11		posting.
12		The attempts at service and the posting if
13		required, shall be documented by the person
14		attempting service and said documentation shall be
15		made part of a return of service returned to the
16		State's Attorney.
17		The State's Attorney may utilize any Sheriff
18		or Deputy Sheriff, any peace officer, a private
19		process server or investigator, or any employee,
20		agent, or investigator of the State's Attorney's
21		Office to attempt service without seeking leave of
22		court.
23		After the procedures set forth are followed,
24		service shall be effective on an owner or interest
25		holder on the date of receipt by the State's
26		Attorney of a returned return receipt requested,

SB0564 Engrossed - 228 - LRB100 04874 RLC 14884 b
1		or on the date of receipt of a communication from
2		an owner or interest holder documenting actual
3		notice, whichever is first in time, or on the date
4		of the last act performed by the State's Attorney
5		in attempting personal service under subparagraph
6		(ii) above. If notice is to be shown by actual
7		notice from communication with a claimant, then
8		the State's Attorney shall file an affidavit
9		providing details of the communication, which may
10		be accepted as sufficient proof of service by the
11		court.
12		After a claimant files a verified claim with
13		the State's Attorney and provides provide an
14		address at which the claimant they will accept
15		service, the complaint shall be served and notice
16		shall be perfected upon mailing of the complaint to
17		the claimant at the address the claimant provided
18		via certified mail, return receipt requested, and
19		first class mail. No return receipt card need be
20		received, or any other attempts at service need be
21		made to comply with service and notice
22		requirements under this Act. This certified
23		mailing, return receipt requested, shall be proof
24		of service of the complaint on the claimant.
25		For purposes of notice under this Section, if a
26		person has been arrested for the conduct giving

SB0564 Engrossed - 229 - LRB100 04874 RLC 14884 b
1		rise to the forfeiture, then the address provided
2		to the arresting agency at the time of arrest shall
3		be deemed to be that person's known address.
4		Provided, however, if an owner or interest
5		holder's address changes prior to the effective
6		date of the notice of pending forfeiture, the owner
7		or interest holder shall promptly notify the
8		seizing agency of the change in address or, if the
9		owner or interest holder's address changes
10		subsequent to the effective date of the notice of
11		pending forfeiture, the owner or interest holder
12		shall promptly notify the State's Attorney of the
13		change in address; or if the property seized is a
14		conveyance, to the address reflected in the office
15		of the agency or official in which title to or
16		interest in to the conveyance is required by law to
17		be recorded.
18		(2) If the owner's or interest holder's address is not
19		known, and is not on record, then notice shall be served by
20		publication for 3 successive weeks in a newspaper of
21		general circulation in the county in which the seizure
22		occurred.
23		(3) After a claimant files a verified claim with the
24		State's Attorney and provides an address at which the
25		claimant they will accept service, the complaint shall be
26		served and notice shall be perfected upon mailing of the

SB0564 Engrossed - 230 - LRB100 04874 RLC 14884 b
1		complaint to the claimant at the address the claimant
2		provided via certified mail, return receipt requested, and
3		first class mail. No return receipt card need be received
4		or any other attempts at service need be made to comply
5		with service and notice requirements under this Act. This
6		certified mailing, return receipt requested, shall be
7		proof of service of the complaint on the claimant.
8		(4) Notice to any business entity, corporation,
9		limited liability company, limited liability partnership
10		LLC, LLP, or partnership shall be completed complete by a
11		single mailing of a copy of the notice by certified mail,
12		return receipt requested, and first class mail, to that
13		address. This notice is complete regardless of the return
14		of a signed "return receipt requested".
15		(5) Notice to a person whose address is not within the
16		State shall be completed complete by a single mailing of a
17		copy of the notice by certified mail, return receipt
18		requested, and first class mail, to that address. This
19		notice is complete regardless of the return of a signed
20		"return receipt requested".
21		(6) Notice to a person whose address is not within the
22		United States shall be completed complete by a single
23		mailing of a copy of the notice by certified mail, return
24		receipt requested, and first class mail, to that address.
25		This notice shall be complete regardless of the return of a
26		signed "return receipt requested". If certified mail is not

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1		available in the foreign country where the person has an
2		address, then notice shall proceed by publication under
3		paragraph (2) of this Section.
4		(7) Notice to any person whom the State's Attorney
5		reasonably should know is incarcerated within the State
6		shall also include the mailing a copy of the notice by
7		certified mail, return receipt requested, and first class
8		mail, to the address of the detention facility with the
9		inmate's name clearly marked on the envelope.
10		(A) (Blank).
11		(B) (Blank).
12		(Source: P.A. 100-512, eff. 7-1-18.)
13		(725 ILCS 150/5) (from Ch. 56 1/2, par. 1675)
14		(Text of Section before amendment by P.A. 100-512)
15		Sec. 5. Notice to State's Attorney. The law enforcement
16		agency seizing property for forfeiture under the Illinois
17		Controlled Substances Act, the Cannabis Control Act, or the
18		Methamphetamine Control and Community Protection Act shall,
19		within 52 days of seizure, notify the State's Attorney for the
20		county in which an act or omission giving rise to the
21		forfeiture occurred or in which the property was seized of the
22		seizure of the property and the facts and circumstances giving
23		rise to the seizure and shall provide the State's Attorney with
24		the inventory of the property and its estimated value. When the
25		property seized for forfeiture is a vehicle, the law

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1		enforcement agency seizing the property shall immediately
2		notify the Secretary of State that forfeiture proceedings are
3		pending regarding such vehicle.
4		(Source: P.A. 94-556, eff. 9-11-05.)
5		(Text of Section after amendment by P.A. 100-512)
6		Sec. 5. Notice to State's Attorney. The law enforcement
7		agency seizing property for forfeiture under the Illinois
8		Controlled Substances Act, the Cannabis Control Act, or the
9		Methamphetamine Control and Community Protection Act, or the
10		Illinois Food, Drug, and Cosmetic Act shall, as soon as
11		practicable but not later than 28 days after the seizure,
12		notify the State's Attorney for the county in which an act or
13		omission giving rise to the seizure occurred or in which the
14		property was seized of the seizure of the property and the
15		facts and circumstances giving rise to the seizure and shall
16		provide the State's Attorney with the inventory of the property
17		and its estimated value. Said notice shall be by the delivery
18		of Form the form 4-64. When the property seized for forfeiture
19		is a vehicle, the law enforcement agency seizing the property
20		shall immediately notify the Secretary of State that forfeiture
21		proceedings are pending regarding such vehicle.
22		(Source: P.A. 100-512, eff. 7-1-18.)
23		(725 ILCS 150/5.1)
24		(This Section may contain text from a Public Act with a

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1		delayed effective date)
2		Sec. 5.1. Replevin prohibited; return of personal property
3		inside seized conveyance.
4		(a) Property seized under this Act shall not be subject to
5		replevin, but is deemed to be in the custody of the Director of
6		State Police, subject only to the order and judgments of the
7		circuit court having jurisdiction over the forfeiture
8		proceedings and the decisions of the State's Attorney.
9		(b) A claimant or a party interested in personal property
10		contained within a seized conveyance may file a request with
11		the State's Attorney in an administrative forfeiture action, or
12		a motion with the court in a judicial forfeiture action, for
13		the return of any personal property contained within a
14		conveyance seized under this Act. The return of personal
15		property shall not be unreasonably withheld if the personal
16		property is not mechanically or electrically coupled to the
17		conveyance, needed for evidentiary purposes, or otherwise
18		contraband. A law enforcement agency that returns property
19		under a court order under this Section shall not be liable to
20		any person who claims ownership to the property if the property
21		is returned to an improper party.
22		(Source: P.A. 100-512, eff. 7-1-18.)
23		(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
24		(Text of Section before amendment by P.A. 100-512)
25		Sec. 6. Non-judicial forfeiture. If non-real property that

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1		exceeds $150,000 in value excluding the value of any
2		conveyance, or if real property is seized under the provisions
3		of the Illinois Controlled Substances Act, the Cannabis Control
4		Act, or the Methamphetamine Control and Community Protection
5		Act, the State's Attorney shall institute judicial in rem
6		forfeiture proceedings as described in Section 9 of this Act
7		within 45 days from receipt of notice of seizure from the
8		seizing agency under Section 5 of this Act. However, if
9		non-real property that does not exceed $150,000 in value
10		excluding the value of any conveyance is seized, the following
11		procedure shall be used:
12		(A) If, after review of the facts surrounding the
13		seizure, the State's Attorney is of the opinion that the
14		seized property is subject to forfeiture, then within 45
15		days of the receipt of notice of seizure from the seizing
16		agency, the State's Attorney shall cause notice of pending
17		forfeiture to be given to the owner of the property and all
18		known interest holders of the property in accordance with
19		Section 4 of this Act.
20		(B) The notice of pending forfeiture must include a
21		description of the property, the estimated value of the
22		property, the date and place of seizure, the conduct giving
23		rise to forfeiture or the violation of law alleged, and a
24		summary of procedures and procedural rights applicable to
25		the forfeiture action.
26		(C)(1) Any person claiming an interest in property

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1		which is the subject of notice under subsection (A) of
2		Section 6 of this Act, may, within 45 days after the
3		effective date of notice as described in Section 4 of this
4		Act, file a verified claim with the State's Attorney
5		expressing his or her interest in the property. The claim
6		must set forth:
7		(i) the caption of the proceedings as set forth on
8		the notice of pending forfeiture and the name of the
9		claimant;
10		(ii) the address at which the claimant will accept
11		mail;
12		(iii) the nature and extent of the claimant's
13		interest in the property;
14		(iv) the date, identity of the transferor, and
15		circumstances of the claimant's acquisition of the
16		interest in the property;
17		(v) the name and address of all other persons known
18		to have an interest in the property;
19		(vi) the specific provision of law relied on in
20		asserting the property is not subject to forfeiture;
21		(vii) all essential facts supporting each
22		assertion; and
23		(viii) the relief sought.
24		(2) If a claimant files the claim and deposits with
25		the State's Attorney a cost bond, in the form of a
26		cashier's check payable to the clerk of the court, in the

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1		sum of 10 percent of the reasonable value of the property
2		as alleged by the State's Attorney or the sum of $100,
3		whichever is greater, upon condition that, in the case of
4		forfeiture, the claimant must pay all costs and expenses of
5		forfeiture proceedings, then the State's Attorney shall
6		institute judicial in rem forfeiture proceedings and
7		deposit the cost bond with the clerk of the court as
8		described in Section 9 of this Act within 45 days after
9		receipt of the claim and cost bond. In lieu of a cost bond,
10		a person claiming interest in the seized property may file,
11		under penalty of perjury, an indigency affidavit.
12		(3) If none of the seized property is forfeited in the
13		judicial in rem proceeding, the clerk of the court shall
14		return to the claimant, unless the court orders otherwise,
15		90% of the sum which has been deposited and shall retain as
16		costs 10% of the money deposited. If any of the seized
17		property is forfeited under the judicial forfeiture
18		proceeding, the clerk of the court shall transfer 90% of
19		the sum which has been deposited to the State's Attorney
20		prosecuting the civil forfeiture to be applied to the costs
21		of prosecution and the clerk shall retain as costs 10% of
22		the sum deposited.
23		(D) If no claim is filed or bond given within the 45
24		day period as described in subsection (C) of Section 6 of
25		this Act, the State's Attorney shall declare the property
26		forfeited and shall promptly notify the owner and all known

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1		interest holders of the property and the Director of the
2		Illinois Department of State Police of the declaration of
3		forfeiture and the Director shall dispose of the property
4		in accordance with law.
5		(Source: P.A. 97-544, eff. 1-1-12.)
6		(Text of Section after amendment by P.A. 100-512)
7		Sec. 6. Non-judicial forfeiture. If non-real property that
8		exceeds $150,000 in value excluding the value of any
9		conveyance, or if real property is seized under the provisions
10		of the Illinois Controlled Substances Act, the Cannabis Control
11		Act, or the Methamphetamine Control and Community Protection
12		Act, the State's Attorney shall institute judicial in rem
13		forfeiture proceedings as described in Section 9 of this Act
14		within 28 45 days from receipt of notice of seizure from the
15		seizing agency under Section 5 of this Act. However, if
16		non-real property that does not exceed $150,000 in value
17		excluding the value of any conveyance is seized, the following
18		procedure shall be used:
19		(A) 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 28 45
22		days of the receipt of notice of seizure from the seizing
23		agency, the State's Attorney shall cause notice of pending
24		forfeiture to be given to the owner of the property and all
25		known interest holders of the property in accordance with

SB0564 Engrossed - 238 - LRB100 04874 RLC 14884 b
1		Section 4 of this Act.
2		(B) The notice of pending forfeiture must include a
3		description of the property, the estimated value of the
4		property, the date and place of seizure, the conduct giving
5		rise to forfeiture or the violation of law alleged, and a
6		summary of procedures and procedural rights applicable to
7		the forfeiture action.
8		(C)(1) Any person claiming an interest in property
9		which is the subject of notice under subsection (A) of this
10		Section 6 of this Act, may, within 45 days after the
11		effective date of notice as described in Section 4 of this
12		Act, 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 names and addresses name and address of all
26		other persons known to have an interest in the

SB0564 Engrossed - 239 - LRB100 04874 RLC 14884 b
1		property;
2		(vi) the specific provision of law relied on in
3		asserting the property is not subject to forfeiture;
4		(vii) all essential facts supporting each
5		assertion; and
6		(viii) the relief sought.
7		(2) If a claimant files the claim then the State's
8		Attorney shall institute judicial in rem forfeiture
9		proceedings within 28 30 days after receipt of the claim..
10		(D) If no claim is filed within the 45 day period as
11		described in subsection (C) of this Section 6 of this Act,
12		the State's Attorney shall declare the property forfeited
13		and shall promptly notify the owner and all known interest
14		holders of the property and the Director of the Illinois
15		Department of State Police of the declaration of forfeiture
16		and the Director shall dispose of the property in
17		accordance with law.
18		(Source: P.A. 100-512, eff. 7-1-18.)
19		(725 ILCS 150/7) (from Ch. 56 1/2, par. 1677)
20		(Text of Section before amendment by P.A. 100-512)
21		Sec. 7. Presumptions. The following situations shall give
22		rise to a presumption that the property described therein was
23		furnished or intended to be furnished in exchange for a
24		substance in violation of the Illinois Controlled Substances
25		Act, the Cannabis Control Act, or the Methamphetamine Control

SB0564 Engrossed - 240 - LRB100 04874 RLC 14884 b
1		and Community Protection Act, or is the proceeds of such an
2		exchange, and therefore forfeitable under this Act, such
3		presumptions being rebuttable by a preponderance of the
4		evidence:
5		(1) All moneys, coin, or currency found in close proximity
6		to forfeitable substances, to forfeitable drug manufacturing
7		or distributing paraphernalia, or to forfeitable records of the
8		importation, manufacture or distribution of substances;
9		(2) All property acquired or caused to be acquired by a
10		person either between the dates of occurrence of two or more
11		acts in felony violation of the Illinois Controlled Substances
12		Act, the Cannabis Control Act, or the Methamphetamine Control
13		and Community Protection Act, or an act committed in another
14		state, territory or country which would be punishable as a
15		felony under the Illinois Controlled Substances Act, the
16		Cannabis Control Act, or the Methamphetamine Control and
17		Community Protection Act, committed by that person within 5
18		years of each other, or all property acquired by such person
19		within a reasonable amount of time after the commission of such
20		acts if:
21		(a) At least one of the above acts was committed after
22		the effective date of this Act; and
23		(b) At least one of the acts is or was punishable as a
24		Class X, Class 1, or Class 2 felony; and
25		(c) There was no likely source for such property other
26		than a violation of the above Acts.

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1		(Source: P.A. 94-556, eff. 9-11-05.)
2		(Text of Section after amendment by P.A. 100-512)
3		Sec. 7. Presumptions and inferences.
4		(1) The following situation shall give rise to a
5		presumption that the property described therein was furnished
6		or intended to be furnished in exchange for a substance in
7		violation of the Illinois Controlled Substances Act, the
8		Cannabis Control Act, or the Methamphetamine Control and
9		Community Protection Act, or is the proceeds of such an
10		exchange, and therefore forfeitable under this Act, such
11		presumptions being rebuttable by a preponderance of the
12		evidence:
13		All moneys, coin, or currency found in close proximity to
14		any forfeitable substances manufactured, distributed,
15		dispensed, or possessed in violation of the Illinois Controlled
16		Substances Act, the Cannabis Control Act, or the
17		Methamphetamine Control and Community Protection Act, to
18		forfeitable drug manufacturing or distributing paraphernalia,
19		or to forfeitable records of the importation, manufacture or
20		distribution of substances.
21		(2) In the following situation, the trier of fact may infer
22		that the property described therein was furnished or intended
23		to be furnished in exchange for a substance in violation of the
24		Illinois Controlled Substances Act, the Cannabis Control Act,
25		or the Methamphetamine Control and Community Protection Act, or

SB0564 Engrossed - 242 - LRB100 04874 RLC 14884 b
1		is the proceeds of such an exchange, and therefore forfeitable
2		under this Act:
3		All property acquired or caused to be acquired by a person
4		either between the dates of occurrence of two or more acts in
5		felony violation of the Illinois Controlled Substances Act, the
6		Cannabis Control Act, or the Methamphetamine Control and
7		Community Protection Act, or an act committed in another state,
8		territory or country which would be punishable as a felony
9		under the Illinois Controlled Substances Act, the Cannabis
10		Control Act, or the Methamphetamine Control and Community
11		Protection Act, committed by that person within 5 years of each
12		other, or all property acquired by such person within a
13		reasonable amount of time after the commission of such acts if:
14		(a) at At least one of the above acts was committed
15		after the effective date of this Act; and
16		(b) both Both of the acts are or were punishable as a
17		Class X, Class 1, or Class 2 felony; and
18		(c) there There was no likely source for such property
19		other than a violation of the above Acts.
20		(3) Presumptions and permissive inferences set forth in
21		this Section shall apply to all portions of all phases of all
22		the judicial in rem forfeiture proceedings under this Act.
23		(Source: P.A. 100-512, eff. 7-1-18.)
24		(725 ILCS 150/8) (from Ch. 56 1/2, par. 1678)
25		(Text of Section before amendment by P.A. 100-512)

SB0564 Engrossed - 243 - LRB100 04874 RLC 14884 b
1		Sec. 8. Exemptions from forfeiture. A property interest is
2		exempt from forfeiture under this Section if its owner or
3		interest holder establishes by a preponderance of evidence that
4		the owner or interest holder:
5		(A)(i) in the case of personal property, is not legally
6		accountable for the conduct giving rise to the forfeiture, did
7		not acquiesce in it, and did not know and could not reasonably
8		have known of the conduct or that the conduct was likely to
9		occur, or
10		(ii) in the case of real property, is not legally
11		accountable for the conduct giving rise to the forfeiture, or
12		did not solicit, conspire, or attempt to commit the conduct
13		giving rise to the forfeiture; and
14		(B) had not acquired and did not stand to acquire
15		substantial proceeds from the conduct giving rise to its
16		forfeiture other than as an interest holder in an arms length
17		commercial transaction; and
18		(C) with respect to conveyances, did not hold the property
19		jointly or in common with a person whose conduct gave rise to
20		the forfeiture; and
21		(D) does not hold the property for the benefit of or as
22		nominee for any person whose conduct gave rise to its
23		forfeiture, and, if the owner or interest holder acquired the
24		interest through any such person, the owner or interest holder
25		acquired it as a bona fide purchaser for value without
26		knowingly taking part in the conduct giving rise to the

SB0564 Engrossed - 244 - LRB100 04874 RLC 14884 b
1		forfeiture; and
2		(E) that the owner or interest holder acquired the
3		interest:
4		(i) before the commencement of the conduct giving rise to
5		its forfeiture and the person whose conduct gave rise to its
6		forfeiture did not have the authority to convey the interest to
7		a bona fide purchaser for value at the time of the conduct; or
8		(ii) after the commencement of the conduct giving rise to
9		its forfeiture, and the owner or interest holder acquired the
10		interest as a mortgagee, secured creditor, lienholder, or bona
11		fide purchaser for value without knowledge of the conduct which
12		gave rise to the forfeiture; and
13		(a) in the case of personal property, without knowledge of
14		the seizure of the property for forfeiture; or
15		(b) in the case of real estate, before the filing in the
16		office of the Recorder of Deeds of the county in which the real
17		estate is located of a notice of seizure for forfeiture or a
18		lis pendens notice.
19		(Source: P.A. 86-1382.)
20		(Text of Section after amendment by P.A. 100-512)
21		Sec. 8. Exemptions from forfeiture.
22		(a) No vessel or watercraft, vehicle, or aircraft used by
23		any person as a common carrier in the transaction of business
24		as a common carrier may be forfeited under this Act unless the
25		State proves by a preponderance of the evidence that:

SB0564 Engrossed - 245 - LRB100 04874 RLC 14884 b
1		(1) in the case of a railway car or engine, the owner,
2		or
3		(2) in the case of any other such vessel or watercraft,
4		vehicle or aircraft, the owner or the master of such vessel
5		or watercraft or the owner or conductor, driver, pilot, or
6		other person in charge of that vehicle or aircraft was at
7		the time of the alleged illegal act a consenting party or
8		privy to that knowledge.
9		(b) No vessel or watercraft, vehicle, or aircraft shall be
10		forfeited under this Act by reason of any act or omission
11		committed or omitted by any person other than such owner while
12		a vessel or watercraft, vehicle, or aircraft was unlawfully in
13		the possession of a person who acquired possession in violation
14		of the criminal laws of the United States, or of any state.
15		(A) (blank); and
16		(B) (blank); and
17		(C) (blank); and
18		(D) (blank); and
19		(E) (blank); and
20		(Source: P.A. 100-512, eff. 7-1-18.)
21		(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
22		(Text of Section before amendment by P.A. 100-512)
23		Sec. 9. Judicial in rem procedures. If property seized
24		under the provisions of the Illinois Controlled Substances Act,
25		the Cannabis Control Act, or the Methamphetamine Control and

SB0564 Engrossed - 246 - LRB100 04874 RLC 14884 b
1		Community Protection Act is non-real property that exceeds
2		$20,000 in value excluding the value of any conveyance, or is
3		real property, or a claimant has filed a claim and a cost bond
4		under subsection (C) of Section 6 of this Act, the following
5		judicial in rem procedures shall apply:
6		(A) If, after a review of the facts surrounding the
7		seizure, the State's Attorney is of the opinion that the seized
8		property is subject to forfeiture, then within 45 days of the
9		receipt of notice of seizure by the seizing agency or the
10		filing of the claim and cost bond, whichever is later, the
11		State's Attorney shall institute judicial forfeiture
12		proceedings by filing a verified complaint for forfeiture and,
13		if the claimant has filed a claim and cost bond, by depositing
14		the cost bond with the clerk of the court. When authorized by
15		law, a forfeiture must be ordered by a court on an action in
16		rem brought by a State's Attorney under a verified complaint
17		for forfeiture.
18		(B) During the probable cause portion of the judicial in
19		rem proceeding wherein the State presents its case-in-chief,
20		the court must receive and consider, among other things, all
21		relevant hearsay evidence and information. The laws of evidence
22		relating to civil actions shall apply to all other portions of
23		the judicial in rem proceeding.
24		(C) Only an owner of or interest holder in the property may
25		file an answer asserting a claim against the property in the
26		action in rem. For purposes of this Section, the owner or

SB0564 Engrossed - 247 - LRB100 04874 RLC 14884 b
1		interest holder shall be referred to as claimant.
2		(D) The answer must be signed by the owner or interest
3		holder under penalty of perjury and must set forth:
4		(i) the caption of the proceedings as set forth on the
5		notice of pending forfeiture and the name of the claimant;
6		(ii) the address at which the claimant will accept
7		mail;
8		(iii) the nature and extent of the claimant's interest
9		in the property;
10		(iv) the date, identity of transferor, and
11		circumstances of the claimant's acquisition of the
12		interest in the property;
13		(v) the name and address of all other persons known to
14		have an interest in the property;
15		(vi) the specific provisions of Section 8 of this Act
16		relied on in asserting it is not subject to forfeiture;
17		(vii) all essential facts supporting each assertion;
18		and
19		(viii) the precise relief sought.
20		(E) The answer must be filed with the court within 45 days
21		after service of the civil in rem complaint.
22		(F) The hearing must be held within 60 days after filing of
23		the answer unless continued for good cause.
24		(G) The State shall show the existence of probable cause
25		for forfeiture of the property. If the State shows probable
26		cause, the claimant has the burden of showing by a

SB0564 Engrossed - 248 - LRB100 04874 RLC 14884 b
1		preponderance of the evidence that the claimant's interest in
2		the property is not subject to forfeiture.
3		(H) If the State does not show existence of probable cause
4		or a claimant has established by a preponderance of evidence
5		that the claimant has an interest that is exempt under Section
6		8 of this Act, the court shall order the interest in the
7		property returned or conveyed to the claimant and shall order
8		all other property forfeited to the State. If the State does
9		show existence of probable cause and the claimant does not
10		establish by a preponderance of evidence that the claimant has
11		an interest that is exempt under Section 8 of this Act, the
12		court shall order all property forfeited to the State.
13		(I) A defendant convicted in any criminal proceeding is
14		precluded from later denying the essential allegations of the
15		criminal offense of which the defendant was convicted in any
16		proceeding under this Act regardless of the pendency of an
17		appeal from that conviction. However, evidence of the pendency
18		of an appeal is admissible.
19		(J) An acquittal or dismissal in a criminal proceeding
20		shall not preclude civil proceedings under this Act; however,
21		for good cause shown, on a motion by the State's Attorney, the
22		court may stay civil forfeiture proceedings during the criminal
23		trial for a related criminal indictment or information alleging
24		a violation of the Illinois Controlled Substances Act, the
25		Cannabis Control Act, or the Methamphetamine Control and
26		Community Protection Act. Such a stay shall not be available

SB0564 Engrossed - 249 - LRB100 04874 RLC 14884 b
1		pending an appeal. Property subject to forfeiture under the
2		Illinois Controlled Substances Act, the Cannabis Control Act,
3		or the Methamphetamine Control and Community Protection Act
4		shall not be subject to return or release by a court exercising
5		jurisdiction over a criminal case involving the seizure of such
6		property unless such return or release is consented to by the
7		State's Attorney.
8		(K) All property declared forfeited under this Act vests in
9		this State on the commission of the conduct giving rise to
10		forfeiture together with the proceeds of the property after
11		that time. Any such property or proceeds subsequently
12		transferred to any person remain subject to forfeiture and
13		thereafter shall be ordered forfeited unless the transferee
14		claims and establishes in a hearing under the provisions of
15		this Act that the transferee's interest is exempt under Section
16		8 of this Act.
17		(L) A civil action under this Act must be commenced within
18		5 years after the last conduct giving rise to forfeiture became
19		known or should have become known or 5 years after the
20		forfeitable property is discovered, whichever is later,
21		excluding any time during which either the property or claimant
22		is out of the State or in confinement or during which criminal
23		proceedings relating to the same conduct are in progress.
24		(Source: P.A. 94-556, eff. 9-11-05.)
25		(Text of Section after amendment by P.A. 100-512)

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1		Sec. 9. Judicial in rem procedures. If property seized
2		under the provisions of the Illinois Controlled Substances Act,
3		the Cannabis Control Act, or the Methamphetamine Control and
4		Community Protection Act is non-real property that exceeds
5		$150,000 in value excluding the value of any conveyance, or is
6		real property, or a claimant has filed a claim and a cost bond
7		under subsection (C) of Section 6 of this Act, the following
8		judicial in rem procedures shall apply:
9		(A) If, after a review of the facts surrounding the
10		seizure, the State's Attorney is of the opinion that the seized
11		property is subject to forfeiture, the State's Attorney shall
12		institute judicial forfeiture proceedings by filing a verified
13		complaint for forfeiture in the circuit court within whose
14		jurisdiction the seizure occurred, or within whose
15		jurisdiction an act or omission giving rise to the seizure
16		occurred, subject to Supreme Court Rule 187. The complaint for
17		of forfeiture shall be filed as soon as practicable, but not
18		later than 28 days after the filing of a verified claim by a
19		claimant if the property was acted upon under a non-judicial
20		forfeiture action, or 28 days after the State's Attorney
21		receives notice from the seizing agency as provided under
22		Section 5 of this Act, whichever occurs later. When authorized
23		by law, a forfeiture must be ordered by a court on an action in
24		rem brought by a State's Attorney under a verified complaint
25		for forfeiture.
26		(A-5) If the State's Attorney finds that the alleged

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1		violation of law giving rise to the seizure was incurred
2		without willful negligence or without any intention on the part
3		of the owner of the property to violate the law or finds the
4		existence of those mitigating circumstances to justify
5		remission of the forfeiture, may cause the law enforcement
6		agency having custody of the property to return the property to
7		the owner within a reasonable time not to exceed 7 days. The
8		State's Attorney shall exercise his or her discretion prior to
9		or promptly after the preliminary review under Section 3.5 of
10		this Act. Judicial in rem forfeiture proceedings under this Act
11		shall be subject to the Code of Civil Procedure and the rules
12		of evidence relating to civil actions.
13		(A-10) A complaint of forfeiture shall include:
14		(1) a description of the property seized;
15		(2) the date and place of seizure of the property;
16		(3) the name and address of the law enforcement agency
17		making the seizure; and
18		(4) the specific statutory and factual grounds for the
19		seizure.
20		The complaint shall be served upon the person from whom the
21		property was seized and all persons known or reasonably
22		believed by the State to claim an interest in the property, as
23		provided in Section 4 of this Act. The complaint shall be
24		accompanied by the following written notice:
25		"This is a civil court proceeding subject to the Code of
26		Civil Procedure. You received this Complaint of Forfeiture

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1		because the State's Attorney's office has brought a legal
2		action seeking forfeiture of your seized property. This
3		complaint starts the court process where the state seeks to
4		prove that your property should be forfeited and not
5		returned to you. This process is also your opportunity to
6		try to prove to a judge that you should get your property
7		back. The complaint lists the date, time, and location of
8		your first court date. You must appear in court on that
9		day, or you may lose the case automatically. You must also
10		file an appearance and answer. If you are unable to pay the
11		appearance fee, you may qualify to have the fee waived. If
12		there is a criminal case related to the seizure of your
13		property, your case may be set for trial after the criminal
14		case has been resolved. Before trial, the judge may allow
15		discovery, where the State can ask you to respond in
16		writing to questions and give them certain documents, and
17		you can make similar requests of the State. The trial is
18		your opportunity to explain what happened when your
19		property was seized and why you should get the property
20		back.".
21		(B) The laws of evidence relating to civil actions shall
22		apply to all other proceedings under this Act except that the
23		parties shall be allowed to use, and the court must receive and
24		consider, all relevant hearsay evidence that which relates to
25		evidentiary foundation, chain of custody, business records,
26		recordings, laboratory analysis, laboratory reports, and the

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1		use of technology in the investigation that resulted in the
2		seizure of the property that which is subject to the this
3		forfeiture action.
4		(C) Only an owner of or interest holder in the property may
5		file an answer asserting a claim against the property in the
6		action in rem. For purposes of this Section, the owner or
7		interest holder shall be referred to as claimant. A person not
8		named in the forfeiture complaint who claims to have an
9		interest in the property may petition to intervene as a
10		claimant under Section 2-408 of the Code of Civil Procedure.
11		(D) The answer must be signed by the owner or interest
12		holder under penalty of perjury and must set forth:
13		(i) the caption of the proceedings as set forth on the
14		notice of pending forfeiture and the name of the claimant;
15		(ii) the address at which the claimant will accept
16		mail;
17		(iii) the nature and extent of the claimant's interest
18		in the property;
19		(iv) the date, identity of transferor, and
20		circumstances of the claimant's acquisition of the
21		interest in the property;
22		(v) the names and addresses name and address of all
23		other persons known to have an interest in the property;
24		(vi) the specific provisions of Section 8 of this Act
25		relied on in asserting it is exempt from forfeiture, if
26		applicable;

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1		(vii) all essential facts supporting each assertion;
2		(viii) the precise relief sought; and
3		(ix) in a forfeiture action involving currency or its
4		equivalent, a claimant shall provide the State with notice
5		of the claimant's their intent to allege that the currency
6		or its equivalent is not related to the alleged factual
7		basis for the forfeiture, and why.
8		(E) The answer must be filed with the court within 45 days
9		after service of the civil in rem complaint.
10		(F) The trial shall be held within 60 days after filing of
11		the answer unless continued for good cause.
12		(G) The State, in its case in chief, shall show by a
13		preponderance of the evidence the property is subject to
14		forfeiture; and at least one of the following:
15		(i) In the case of personal property, including
16		conveyances:
17		(a) that the claimant was legally accountable for
18		the conduct giving rise to the forfeiture;
19		(b) that the claimant knew or reasonably should
20		have known of the conduct giving rise to the
21		forfeiture;
22		(c) that the claimant knew or reasonably should
23		have known that the conduct giving rise to the
24		forfeiture was likely to occur;
25		(d) that the claimant held the property for the
26		benefit of, or as nominee for, any person whose conduct

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1		gave rise to its forfeiture;
2		(e) that if the claimant acquired the their
3		interest through any person engaging in any of the
4		conduct described above or conduct giving rise to the
5		forfeiture:
6		(1) the claimant did not acquire it as a bona
7		fide purchaser for value, or
8		(2) the claimant acquired the interest under
9		such circumstances that the claimant they
10		reasonably should have known the property was
11		derived from, or used in, the conduct giving rise
12		to the forfeiture; or
13		(f) that the claimant is not the true owner of the
14		property;
15		(g) that the claimant acquired the interest:
16		(1) before the commencement of the conduct
17		giving rise to the forfeiture and the person whose
18		conduct gave rise to the forfeiture did not have
19		authority to convey the interest to a bona fide
20		purchaser for value at the time of the conduct; or
21		(2) after the commencement of the conduct
22		giving rise to the forfeiture and the owner or
23		interest holder acquired the interest as a
24		mortgagee, secured creditor, lienholder, or bona
25		fide purchaser for value without knowledge of the
26		conduct that which gave rise to the forfeiture, and

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1		without the knowledge of the seizure of the
2		property for forfeiture.
3		(ii) In the case of real property:
4		(a) that the claimant was legally accountable for
5		the conduct giving rise to the forfeiture;
6		(b) that the claimant solicited, conspired, or
7		attempted to commit the conduct giving rise to the
8		forfeiture; or
9		(c) that the claimant had acquired or stood to
10		acquire substantial proceeds from the conduct giving
11		rise to its forfeiture other than as an interest holder
12		in an arm's length transaction;
13		(d) that the claimant is not the true owner of the
14		property;
15		(e) that the claimant acquired the interest:
16		(1) before the commencement of the conduct
17		giving rise to the forfeiture and the person whose
18		conduct gave rise to the forfeiture did not have
19		authority to convey the interest to a bona fide
20		purchaser for value at the time of the conduct; or
21		(2) after the commencement of the conduct
22		giving rise to the forfeiture and the owner or
23		interest holder acquired the interest as a
24		mortgagee, secured creditor, lienholder, or bona
25		fide purchaser for value without knowledge of the
26		conduct that which gave rise to the forfeiture, and

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1		before the filing in the office of the recorder of
2		deeds of the county in which the real estate is
3		located a notice of seizure for forfeiture or a lis
4		pendens notice.
5		(G-5) If the property that is the subject of the forfeiture
6		proceeding is currency or its equivalent, the State, in its
7		case in chief, shall show by a preponderance of the evidence
8		that the property is subject to forfeiture. If the State makes
9		that showing, the claimant shall have the burden of production
10		to set forth evidence that the currency or its equivalent is
11		not related to the alleged factual basis of the forfeiture.
12		After the production of evidence, the State shall maintain the
13		burden of proof to overcome this assertion.
14		(G-10) Notwithstanding any other provision of this
15		Section, the State's burden of proof at the trial of the
16		forfeiture action shall be by clear and convincing evidence if:
17		(1) a finding of not guilty is entered as to all counts
18		and all defendants in a criminal proceeding relating to the
19		conduct giving rise to the forfeiture action; or
20		(2) the State receives an adverse finding at a
21		preliminary hearing and fails to secure an indictment in a
22		criminal proceeding related to the factual allegations of
23		the forfeiture action.
24		(H) If the State does not meet its burden of proof, the
25		court shall order the interest in the property returned or
26		conveyed to the claimant and shall order all other property as

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1		to which the State does meet its burden of proof forfeited to
2		the State. If the State does meet its burden of proof, the
3		court shall order all property forfeited to the State.
4		(I) A defendant convicted in any criminal proceeding is
5		precluded from later denying the essential allegations of the
6		criminal offense of which the defendant was convicted in any
7		proceeding under this Act regardless of the pendency of an
8		appeal from that conviction. However, evidence of the pendency
9		of an appeal is admissible.
10		(J) An acquittal or dismissal in a criminal proceeding
11		shall not preclude civil proceedings under this Act; however,
12		for good cause shown, on a motion by the State's Attorney, the
13		court may stay civil forfeiture proceedings during the criminal
14		trial for a related criminal indictment or information alleging
15		a violation of the Illinois Controlled Substances Act, the
16		Cannabis Control Act, or the Methamphetamine Control and
17		Community Protection Act. Such a stay shall not be available
18		pending an appeal. Property subject to forfeiture under the
19		Illinois Controlled Substances Act, the Cannabis Control Act,
20		or the Methamphetamine Control and Community Protection Act
21		shall not be subject to return or release by a court exercising
22		jurisdiction over a criminal case involving the seizure of such
23		property unless such return or release is consented to by the
24		State's Attorney.
25		(K) Title to all property declared forfeited under this Act
26		vests in the this State on the commission of the conduct giving

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1		rise to forfeiture together with the proceeds of the property
2		after that time. Except as otherwise provided in this Act, any
3		such property or proceeds subsequently transferred to any
4		person remain subject to forfeiture unless a person to whom the
5		property was transferred makes an appropriate claim under this
6		Act and has the their claim adjudicated in the judicial in rem
7		proceeding.
8		(L) A civil action under this Act must be commenced within
9		5 years after the last conduct giving rise to forfeiture became
10		known or should have become known or 5 years after the
11		forfeitable property is discovered, whichever is later,
12		excluding any time during which either the property or claimant
13		is out of the State or in confinement or during which criminal
14		proceedings relating to the same conduct are in progress.
15		(M) No property shall be forfeited under this Act from a
16		person who, without actual or constructive notice that the
17		property was the subject of forfeiture proceedings, obtained
18		possession of the property as a bona fide purchaser for value.
19		A person who purports to transfer property after receiving
20		actual or constructive notice that the property is subject to
21		seizure or forfeiture is guilty of contempt of court and shall
22		be liable to the State for a penalty in the amount of the fair
23		market value of the property.
24		(N) If property is ordered forfeited under this Act from a
25		claimant who held title to the property in joint tenancy or
26		tenancy in common with another claimant, the court shall

SB0564 Engrossed - 260 - LRB100 04874 RLC 14884 b
1		determine the amount of each owner's interest in the property
2		according to principles of property law.
3		(Source: P.A. 100-512, eff. 7-1-18.)
4		(725 ILCS 150/9.1)
5		(This Section may contain text from a Public Act with a
6		delayed effective date)
7		Sec. 9.1. Innocent owner hearing.
8		(a) After a complaint for forfeiture is filed and all
9		claimants have appeared and answered, a claimant may file a
10		motion with the court for an innocent owner hearing prior to
11		trial. This motion shall be made and supported by sworn
12		affidavit and shall assert the following along with specific
13		facts that which support each assertion:
14		(1) that the claimant filing the motion is the true
15		owner of the conveyance as interpreted by case law;
16		(2) that the claimant was not legally accountable for
17		the conduct giving rise to the forfeiture or acquiesced in
18		the conduct;
19		(3) that the claimant did not solicit, conspire, or
20		attempt to commit the conduct giving rise to the
21		forfeiture;
22		(4) that the claimant did not know or did not they have
23		reason to know that the conduct giving rise to the
24		forfeiture was likely to occur; and
25		(5) that the claimant did not hold the property for the

SB0564 Engrossed - 261 - LRB100 04874 RLC 14884 b
1		benefit of, or as nominee for any person whose conduct gave
2		rise to its forfeiture, or if the owner or interest holder
3		acquired the interest through any such person, the owner or
4		interest holder did not acquire it as a bona fide purchaser
5		for value, or acquired the interest without knowledge of
6		the seizure of the property for forfeiture.
7		(b) The claimant's motion shall include specific facts
8		supporting these assertions.
9		(b) (c) Upon this filing, a hearing may only be held after
10		the parties have been given the opportunity to conduct limited
11		discovery as to the ownership and control of the property, the
12		claimant's knowledge, or any matter relevant to the issues
13		raised or facts alleged in the claimant's motion. Discovery
14		shall be limited to the People's requests in these areas but
15		may proceed by any means allowed in the Code of Civil
16		Procedure.
17		(c) (d) After discovery is complete and the court has
18		allowed for sufficient time to review and investigate the
19		discovery responses, the court shall conduct a hearing. At the
20		hearing, the fact that the property is subject to forfeiture
21		shall not be at issue. The court shall only hear evidence
22		relating to the issue of innocent ownership.
23		(d) (e) At the hearing on the motion, the claimant shall
24		bear the burden of proving by a preponderance of the evidence
25		each of the assertions set forth in subsection (a) of this
26		Section. (f) If a claimant meets the their burden of proof, the

SB0564 Engrossed - 262 - LRB100 04874 RLC 14884 b
1		court shall grant the motion and order the property returned to
2		the claimant. If the claimant fails to meet the their burden of
3		proof, then the court shall deny the motion and the forfeiture
4		case shall proceed according to the Code Rules of Civil
5		Procedure.
6		(Source: P.A. 100-512, eff. 7-1-18.)
7		(725 ILCS 150/11) (from Ch. 56 1/2, par. 1681)
8		(Text of Section before amendment by P.A. 100-512)
9		Sec. 11. Settlement of claims. Notwithstanding other
10		provisions of this Act, the State's Attorney and a claimant of
11		seized property may enter into an agreed-upon settlement
12		concerning the seized property in such an amount and upon such
13		terms as are set out in writing in a settlement agreement.
14		(Source: P.A. 86-1382.)
15		(Text of Section after amendment by P.A. 100-512)
16		Sec. 11. Settlement of claims. Notwithstanding other
17		provisions of this Act, the State's Attorney and a claimant of
18		seized property may enter into an agreed-upon settlement
19		concerning the seized property in such an amount and upon such
20		terms as are set out in writing in a settlement agreement. All
21		proceeds from a settlement agreement shall be tendered to the
22		Department of State Police and distributed in accordance with
23		the provisions of Section 13.2 17 of this Act.
24		(Source: P.A. 100-512, eff. 7-1-18.)

SB0564 Engrossed - 263 - LRB100 04874 RLC 14884 b
1		(725 ILCS 150/13.1)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 13.1 15. Return of property, damages, and costs.
5		(a) The law enforcement agency that holds custody of
6		property seized for forfeiture shall deliver property ordered
7		by the court to be returned or conveyed to the claimant within
8		a reasonable time not to exceed 7 days, unless the order is
9		stayed by the trial court or a reviewing court pending an
10		appeal, motion to reconsider, or other reason.
11		(b) The law enforcement agency that holds custody of
12		property described in subsection (a) of this Section is
13		responsible for any damages, storage fees, and related costs
14		applicable to property returned. The claimant shall not be
15		subject to any charges by the State for storage of the property
16		or expenses incurred in the preservation of the property.
17		Charges for the towing of a conveyance shall be borne by the
18		claimant unless the conveyance was towed for the sole reason of
19		seizure for forfeiture. This Section does not prohibit the
20		imposition of any fees or costs by a home rule unit of local
21		government related to the impoundment of a conveyance pursuant
22		to an ordinance enacted by the unit of government.
23		(c) A law enforcement agency shall not retain forfeited
24		property for its own use or transfer the property to any person
25		or entity, except as provided under this Section. A law

SB0564 Engrossed - 264 - LRB100 04874 RLC 14884 b
1		enforcement agency may apply in writing to the Director of
2		State Police to request that a forfeited property be awarded to
3		the agency for a specifically articulated official law
4		enforcement use in an investigation. The Director of State
5		Police shall provide a written justification in each instance
6		detailing the reasons why the forfeited property was placed
7		into official use and the justification shall be retained for a
8		period of not less than 3 years.
9		(Source: P.A. 100-512, eff. 7-1-18.)
10		(725 ILCS 150/13.2)
11		(This Section may contain text from a Public Act with a
12		delayed effective date)
13		Sec. 13.2 17. Distribution of proceeds; selling or
14		retaining seized property prohibited.
15		(a) Except as otherwise provided in this Section, the court
16		shall order that property forfeited under this Act be delivered
17		to the Department of State Police within 60 days.
18		(b) All moneys 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
23		state law enforcement agency or agencies that which
24		conducted or participated in the investigation resulting
25		in the forfeiture. The distribution shall bear a reasonable

SB0564 Engrossed - 265 - LRB100 04874 RLC 14884 b
1		relationship to the degree of direct participation of the
2		law enforcement agency in the effort resulting in the
3		forfeiture, taking into account the total value of the
4		property forfeited and the total law enforcement effort
5		with respect to the violation of the law upon which the
6		forfeiture is based. Amounts distributed to the agency or
7		agencies shall be used for 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 for security
11		cameras used for the prevention or detection of violence,
12		except that amounts distributed to the Secretary of State
13		shall be deposited into the Secretary of State Evidence
14		Fund to be used as provided in Section 2-115 of the
15		Illinois Vehicle Code.
16		(ii) Any local, municipal, or county law enforcement
17		agency entitled to receive a monetary distribution of
18		forfeiture proceeds may share those forfeiture proceeds
19		pursuant to the terms of an intergovernmental agreement
20		with a municipality that has a population in excess of
21		20,000 if:
22		(A) the receiving agency has entered into an
23		intergovernmental agreement with the municipality to
24		provide police services;
25		(B) the intergovernmental agreement for police
26		services provides for consideration in an amount of not

SB0564 Engrossed - 266 - LRB100 04874 RLC 14884 b
1		less than $1,000,000 per year;
2		(C) the seizure took place within the geographical
3		limits of the municipality; and
4		(D) the funds are used only for the enforcement of
5		laws governing cannabis and controlled substances; for
6		public education in the community or schools in the
7		prevention or detection of the abuse of drugs or
8		alcohol; or for security cameras used for the
9		prevention or detection of violence or the
10		establishment of a municipal police force, including
11		the training of officers, construction of a police
12		station, or the purchase of law enforcement equipment
13		or vehicles.
14		(2)(i) 12.5% shall be distributed to the Office of the
15		State's Attorney of the county in which the prosecution
16		resulting in the forfeiture was instituted, deposited in a
17		special fund in the county treasury and appropriated to the
18		State's Attorney for use in the enforcement of laws
19		governing cannabis and controlled substances; for public
20		education in the community or schools in the prevention or
21		detection of the abuse of drugs or alcohol; or, at the
22		discretion of the State's Attorney, in addition to other
23		authorized purposes, to make grants to local substance
24		abuse treatment facilities and half-way houses. In
25		counties over 3,000,000 population, 25% shall be
26		distributed to the Office of the State's Attorney for use

SB0564 Engrossed - 267 - LRB100 04874 RLC 14884 b
1		in the enforcement of laws governing cannabis and
2		controlled substances; for public education in the
3		community or schools in the prevention or detection of the
4		abuse of drugs or alcohol; or at the discretion of the
5		State's Attorney, in addition to other authorized
6		purposes, to make grants to local substance abuse treatment
7		facilities and half-way houses. If the prosecution is
8		undertaken solely by the Attorney General, the portion
9		provided shall be distributed to the Attorney General for
10		use in the enforcement of laws governing cannabis and
11		controlled substances or for public education in the
12		community or schools in the prevention or detection of the
13		abuse of drugs or alcohol.
14		(ii) 12.5% shall be distributed to the Office of the
15		State's Attorneys Appellate Prosecutor and deposited in
16		the Narcotics Profit Forfeiture Fund of that office to be
17		used for additional expenses incurred in the
18		investigation, prosecution and appeal of cases arising
19		under laws governing cannabis and controlled substances or
20		for public education in the community or schools in the
21		prevention or detection of the abuse of drugs or alcohol.
22		The Office of the State's Attorneys Appellate Prosecutor
23		shall not receive distribution from cases brought in
24		counties with over 3,000,000 population.
25		(3) 10% shall be retained by the Department of State
26		Police for expenses related to the administration and sale

SB0564 Engrossed - 268 - LRB100 04874 RLC 14884 b
1		of seized and forfeited property.
2		(Source: P.A. 100-512, eff. 7-1-18.)
3		(725 ILCS 150/13.3)
4		(This Section may contain text from a Public Act with a
5		delayed effective date)
6		Sec. 13.3 20. Reporting. Property seized or forfeited under
7		this Act is subject to reporting under the Seizure and
8		Forfeiture Reporting Act.
9		(Source: P.A. 100-512, eff. 7-1-18.)
10		(725 ILCS 150/13.4 new)
11		Sec. 13.4. Applicability; savings clause.
12		(a) The changes made to this Act by Public Act 100-0512 and
13		this amendatory Act of the 100th General Assembly only apply to
14		property seized on and after July 1, 2018.
15		(b) The changes made to this Act by this amendatory Act of
16		the 100th General Assembly are subject to Section 4 of the
17		Statute on Statutes.
18		Section 42. The Illinois Streetgang Terrorism Omnibus
19		Prevention Act is amended by changing Section 40 as follows:
20		(740 ILCS 147/40)
21		(Text of Section before amendment by P.A. 100-512)
22		Sec. 40. Contraband.

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1		(a) The following are declared to be contraband and no
2		person shall have a property interest in them:
3		(1) any property that is directly or indirectly used or
4		intended for use in any manner to facilitate streetgang
5		related activity; and
6		(2) any property constituting or derived from gross
7		profits or other proceeds obtained from streetgang related
8		activity.
9		(b) Within 60 days of the date of the seizure of contraband
10		under this Section, the State's Attorney shall initiate
11		forfeiture proceedings as provided in Article 36 of the
12		Criminal Code of 2012. An owner or person who has a lien on the
13		property may establish as a defense to the forfeiture of
14		property that is subject to forfeiture under this Section that
15		the owner or lienholder had no knowledge that the property was
16		acquired through a pattern of streetgang related activity.
17		Property that is forfeited under this Section shall be disposed
18		of as provided in Article 36 of the Criminal Code of 2012 for
19		the forfeiture of vehicles, vessels, and aircraft. The proceeds
20		of the disposition shall be paid to the Gang Violence Victims
21		and Witnesses Fund to be used to assist in the prosecution of
22		gang crimes.
23		(Source: P.A. 97-1150, eff. 1-25-13.)
24		(Text of Section after amendment by P.A. 100-512)
25		Sec. 40. Forfeiture.

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1		(a) The following are subject to seizure and forfeiture:
2		(1) any property that is directly or indirectly used or
3		intended for use in any manner to facilitate streetgang
4		related activity; and
5		(2) any property constituting or derived from gross
6		profits or other proceeds obtained from streetgang related
7		activity.
8		(b) Property subject to forfeiture under this Section may
9		be seized under the procedures set forth under Section 36-2.1
10		of the Criminal Code of 2012, except that actual physical
11		seizure of real property subject to forfeiture under this Act
12		requires the issuance of a seizure warrant. Nothing in this
13		Section prohibits the constructive seizure of real property
14		through the filing of a complaint for forfeiture in circuit
15		court and the recording of a lis pendens against the real
16		property without a hearing, warrant application, or judicial
17		approval.
18		(c) The State's Attorney may initiate forfeiture
19		proceedings under the procedures in Article 36 of the Criminal
20		Code of 2012. The State shall bear the burden of proving by a
21		preponderance of the evidence that the property was acquired
22		through a pattern of streetgang related activity.
23		(d) Property forfeited under this Section shall be disposed
24		of in accordance with Section 36-7 of Article 36 of the
25		Criminal Code of 2012 for the forfeiture of vehicles, vessels,
26		and aircraft.

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1		(e) Within 60 days of the date of the seizure of contraband
2		under this Section, the State's Attorney shall initiate
3		forfeiture proceedings as provided in Article 36 of the
4		Criminal Code of 2012. An owner or person who has a lien on the
5		property may establish as a defense to the forfeiture of
6		property that is subject to forfeiture under this Section that
7		the owner or lienholder had no knowledge that the property was
8		acquired through a pattern of streetgang related activity.
9		Property that is forfeited under this Section shall be disposed
10		of as provided in Article 36 of the Criminal Code of 2012 for
11		the forfeiture of vehicles, vessels, and aircraft. The proceeds
12		of the disposition shall be paid to the Gang Violence Victims
13		and Witnesses Fund to be used to assist in the prosecution of
14		gang crimes.
15		(f) Property seized or forfeited under this Section is
16		subject to reporting under the Seizure and Forfeiture Reporting
17		Act.
18		(g) The changes made to this Section by Public Act 100-0512
19		only apply to property seized on and after July 1, 2018.
20		(Source: P.A. 100-512, eff. 7-1-18.)
21		Section 45. The Illinois Securities Law of 1953 is amended
22		by changing Section 11 as follows:
23		(815 ILCS 5/11) (from Ch. 121 1/2, par. 137.11)
24		(Text of Section before amendment by P.A. 100-512)

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1		Sec. 11. Duties and powers of the Secretary of State.
2		A. (1) The administration of this Act is vested in the
3		Secretary of State, who may from time to time make, amend and
4		rescind such rules and regulations as may be necessary to carry
5		out this Act, including rules and regulations governing
6		procedures of registration, statements, applications and
7		reports for various classes of securities, persons and matters
8		within his or her jurisdiction and defining any terms, whether
9		or not used in this Act, insofar as the definitions are not
10		inconsistent with this Act. The rules and regulations adopted
11		by the Secretary of State under this Act shall be effective in
12		the manner provided for in the Illinois Administrative
13		Procedure Act.
14		(2) Among other things, the Secretary of State shall have
15		authority, for the purposes of this Act, to prescribe the form
16		or forms in which required information shall be set forth,
17		accounting practices, the items or details to be shown in
18		balance sheets and earning statements, and the methods to be
19		followed in the preparation of accounts, in the appraisal or
20		valuation of assets and liabilities, in the determination of
21		depreciation and depletion, in the differentiation of
22		recurring and non-recurring income, in the differentiation of
23		investment and operating income, and in the preparation of
24		consolidated balance sheets or income accounts of any person,
25		directly or indirectly, controlling or controlled by the
26		issuer, or any person under direct or indirect common control

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1		with the issuer.
2		(3) No provision of this Act imposing any liability shall
3		apply to any act done or omitted in good faith in conformity
4		with any rule or regulation of the Secretary of State under
5		this Act, notwithstanding that the rule or regulation may,
6		after the act or omission, be amended or rescinded or be
7		determined by judicial or other authority to be invalid for any
8		reason.
9		(4) The Securities Department of the Office of the
10		Secretary of State shall be deemed a criminal justice agency
11		for purposes of all federal and state laws and regulations and,
12		in that capacity, shall be entitled to access to any
13		information available to criminal justice agencies and has the
14		power to appoint special agents to conduct all investigations,
15		searches, seizures, arrests, and other duties imposed under the
16		provisions of any law administered by the Department. The
17		special agents have and may exercise all the powers of peace
18		officers solely for the purpose of enforcing provisions of this
19		Act.
20		The Director must authorize to each special agent employed
21		under this Section a distinct badge that, on its face, (i)
22		clearly states that the badge is authorized by the Department
23		and (ii) contains a unique and identifying number.
24		Special agents shall comply with all training requirements
25		established for law enforcement officers by provisions of the
26		Illinois Police Training Act.

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1		(5) The Secretary of State, by rule, may conditionally or
2		unconditionally exempt any person, security, or transaction,
3		or any class or classes of persons, securities, or transactions
4		from any provision of Section 5, 6, 7, 8, 8a, or 9 of this Act
5		or of any rule promulgated under these Sections, to the extent
6		that such exemption is necessary or appropriate in the public
7		interest, and is consistent with the protection of investors.
8		B. The Secretary of State may, anything in this Act to the
9		contrary notwithstanding, require financial statements and
10		reports of the issuer, dealer, Internet portal, salesperson,
11		investment adviser, or investment adviser representative as
12		often as circumstances may warrant. In addition, the Secretary
13		of State may secure information or books and records from or
14		through others and may make or cause to be made investigations
15		respecting the business, affairs, and property of the issuer of
16		securities, any person involved in the sale or offer for sale,
17		purchase or offer to purchase of any mineral investment
18		contract, mineral deferred delivery contract, or security and
19		of dealers, Internet portals, salespersons, investment
20		advisers, and investment adviser representatives that are
21		registered or are the subject of an application for
22		registration under this Act. The costs of an investigation
23		shall be borne by the registrant or the applicant, provided
24		that the registrant or applicant shall not be obligated to pay
25		the costs without his, her or its consent in advance.
26		C. Whenever it shall appear to the Secretary of State,

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1		either upon complaint or otherwise, that this Act, or any rule
2		or regulation prescribed under authority thereof, has been or
3		is about to be violated, he or she may, in his or her
4		discretion, do one or more of the following:
5		(1) require or permit the person to file with the
6		Secretary of State a statement in writing under oath, or
7		otherwise, as to all the facts and circumstances concerning
8		the subject matter which the Secretary of State believes to
9		be in the public interest to investigate, audit, examine,
10		or inspect;
11		(2) conduct an investigation, audit, examination, or
12		inspection as necessary or advisable for the protection of
13		the interests of the public; and
14		(3) appoint investigators to conduct all
15		investigations, searches, seizures, arrests, and other
16		duties imposed under the provisions of any law administered
17		by the Department. The Director must authorize to each
18		investigator employed under this Section a distinct badge
19		that, on its face, (i) clearly states that the badge is
20		authorized by the Department and (ii) contains a unique and
21		identifying number.
22		D. (1) For the purpose of all investigations, audits,
23		examinations, or inspections which in the opinion of the
24		Secretary of State are necessary and proper for the enforcement
25		of this Act, the Secretary of State or a person designated by
26		him or her is empowered to administer oaths and affirmations,

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1		subpoena witnesses, take evidence, and require, by subpoena or
2		other lawful means provided by this Act or the rules adopted by
3		the Secretary of State, the production of any books and
4		records, papers, or other documents which the Secretary of
5		State or a person designated by him or her deems relevant or
6		material to the inquiry.
7		(2) The Secretary of State or a person designated by him or
8		her is further empowered to administer oaths and affirmations,
9		subpoena witnesses, take evidence, and require the production
10		of any books and records, papers, or other documents in this
11		State at the request of a securities agency of another state,
12		if the activities constituting the alleged violation for which
13		the information is sought would be in violation of Section 12
14		of this Act if the activities had occurred in this State.
15		(3) The Circuit Court of any County of this State, upon
16		application of the Secretary of State or a person designated by
17		him or her may order the attendance of witnesses, the
18		production of books and records, papers, accounts and documents
19		and the giving of testimony before the Secretary of State or a
20		person designated by him or her; and any failure to obey the
21		order may be punished by the Circuit Court as a contempt
22		thereof.
23		(4) The fees of subpoenaed witnesses under this Act for
24		attendance and travel shall be the same as fees of witnesses
25		before the Circuit Courts of this State, to be paid when the
26		witness is excused from further attendance, provided, the

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1		witness is subpoenaed at the instance of the Secretary of
2		State; and payment of the fees shall be made and audited in the
3		same manner as other expenses of the Secretary of State.
4		(5) Whenever a subpoena is issued at the request of a
5		complainant or respondent as the case may be, the Secretary of
6		State may require that the cost of service and the fee of the
7		witness shall be borne by the party at whose instance the
8		witness is summoned.
9		(6) The Secretary of State shall have power at his or her
10		discretion, to require a deposit to cover the cost of the
11		service and witness fees and the payment of the legal witness
12		fee and mileage to the witness served with subpoena.
13		(7) A subpoena issued under this Act shall be served in the
14		same manner as a subpoena issued out of a circuit court.
15		(8) The Secretary of State may in any investigation,
16		audits, examinations, or inspections cause the taking of
17		depositions of persons residing within or without this State in
18		the manner provided in civil actions under the laws of this
19		State.
20		E. Anything in this Act to the contrary notwithstanding:
21		(1) If the Secretary of State shall find that the offer
22		or sale or proposed offer or sale or method of offer or
23		sale of any securities by any person, whether exempt or
24		not, in this State, is fraudulent, or would work or tend to
25		work a fraud or deceit, or is being offered or sold in
26		violation of Section 12, or there has been a failure or

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1		refusal to submit any notification filing or fee required
2		under this Act, the Secretary of State may by written order
3		prohibit or suspend the offer or sale of securities by that
4		person or deny or revoke the registration of the securities
5		or the exemption from registration for the securities.
6		(2) If the Secretary of State shall find that any
7		person has violated subsection C, D, E, F, G, H, I, J, or K
8		of Section 12 of this Act, the Secretary of State may by
9		written order temporarily or permanently prohibit or
10		suspend the person from offering or selling any securities,
11		any mineral investment contract, or any mineral deferred
12		delivery contract in this State, provided that any person
13		who is the subject of an order of permanent prohibition may
14		petition the Secretary of State for a hearing to present
15		evidence of rehabilitation or change in circumstances
16		justifying the amendment or termination of the order of
17		permanent prohibition.
18		(3) If the Secretary of State shall find that any
19		person is engaging or has engaged in the business of
20		selling or offering for sale securities as a dealer,
21		Internet portal, or salesperson or is acting or has acted
22		as an investment adviser, investment adviser
23		representative, or federal covered investment adviser,
24		without prior thereto and at the time thereof having
25		complied with the registration or notice filing
26		requirements of this Act, the Secretary of State may by

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1		written order prohibit or suspend the person from engaging
2		in the business of selling or offering for sale securities,
3		or acting as an investment adviser, investment adviser
4		representative, or federal covered investment adviser, in
5		this State.
6		(4) In addition to any other sanction or remedy
7		contained in this subsection E, the Secretary of State,
8		after finding that any provision of this Act has been
9		violated, may impose a fine as provided by rule, regulation
10		or order not to exceed $10,000 for each violation of this
11		Act, may issue an order of public censure against the
12		violator, and may charge as costs of investigation all
13		reasonable expenses, including attorney's fees and witness
14		fees.
15		F. (1) The Secretary of State shall not deny, suspend or
16		revoke the registration of securities, suspend or revoke the
17		registration of a dealer, Internet portal, salesperson,
18		investment adviser, or investment adviser representative,
19		prohibit or suspend the offer or sale of any securities,
20		prohibit or suspend any person from offering or selling any
21		securities in this State, prohibit or suspend a dealer or
22		salesperson from engaging in the business of selling or
23		offering for sale securities, prohibit or suspend a person from
24		acting as an investment adviser or federal covered investment
25		adviser, or investment adviser representative, impose any fine
26		for violation of this Act, issue an order of public censure, or

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1		enter into an agreed settlement except after an opportunity for
2		hearing upon not less than 10 days notice given by personal
3		service or registered mail or certified mail, return receipt
4		requested, to the person or persons concerned. Such notice
5		shall state the date and time and place of the hearing and
6		shall contain a brief statement of the proposed action of the
7		Secretary of State and the grounds for the proposed action. A
8		failure to appear at the hearing or otherwise respond to the
9		allegations set forth in the notice of hearing shall constitute
10		an admission of any facts alleged therein and shall constitute
11		sufficient basis to enter an order.
12		(2) Anything herein contained to the contrary
13		notwithstanding, the Secretary of State may temporarily
14		prohibit or suspend, for a maximum period of 90 days, by an
15		order effective immediately, the offer or sale or registration
16		of securities, the registration of a dealer, Internet portal,
17		salesperson, investment adviser, or investment adviser
18		representative, or the offer or sale of securities by any
19		person, or the business of rendering investment advice, without
20		the notice and prior hearing in this subsection prescribed, if
21		the Secretary of State shall in his or her opinion, based on
22		credible evidence, deem it necessary to prevent an imminent
23		violation of this Act or to prevent losses to investors which
24		the Secretary of State reasonably believes will occur as a
25		result of a prior violation of this Act. Immediately after
26		taking action without such notice and hearing, the Secretary of

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1		State shall deliver a copy of the temporary order to the
2		respondent named therein by personal service or registered mail
3		or certified mail, return receipt requested. The temporary
4		order shall set forth the grounds for the action and shall
5		advise that the respondent may request a hearing, that the
6		request for a hearing will not stop the effectiveness of the
7		temporary order and that respondent's failure to request a
8		hearing within 30 days after the date of the entry of the
9		temporary order shall constitute an admission of any facts
10		alleged therein and shall constitute sufficient basis to make
11		the temporary order final. Any provision of this paragraph (2)
12		to the contrary notwithstanding, the Secretary of State may not
13		pursuant to the provisions of this paragraph (2) suspend the
14		registration of a dealer, limited Canadian dealer,
15		salesperson, investment adviser, or investment adviser
16		representative based upon sub-paragraph (n) of paragraph (l) of
17		subsection E of Section 8 of this Act or revoke the
18		registration of securities or revoke the registration of any
19		dealer, salesperson, investment adviser representative, or
20		investment adviser.
21		(3) The Secretary of State may issue a temporary order
22		suspending or delaying the effectiveness of any registration of
23		securities under subsection A or B of Section 5, 6 or 7 of this
24		Act subsequent to and upon the basis of the issuance of any
25		stop, suspension or similar order by the Securities and
26		Exchange Commission with respect to the securities which are

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1		the subject of the registration under subsection A or B of
2		Section 5, 6 or 7 of this Act, and the order shall become
3		effective as of the date and time of effectiveness of the
4		Securities and Exchange Commission order and shall be vacated
5		automatically at such time as the order of the Securities and
6		Exchange Commission is no longer in effect.
7		(4) When the Secretary of State finds that an application
8		for registration as a dealer, Internet portal, salesperson,
9		investment adviser, or investment adviser representative
10		should be denied, the Secretary of State may enter an order
11		denying the registration. Immediately after taking such
12		action, the Secretary of State shall deliver a copy of the
13		order to the respondent named therein by personal service or
14		registered mail or certified mail, return receipt requested.
15		The order shall state the grounds for the action and that the
16		matter will be set for hearing upon written request filed with
17		the Secretary of State within 30 days after the receipt of the
18		request by the respondent. The respondent's failure to request
19		a hearing within 30 days after receipt of the order shall
20		constitute an admission of any facts alleged therein and shall
21		make the order final. If a hearing is held, the Secretary of
22		State shall affirm, vacate, or modify the order.
23		(5) The findings and decision of the Secretary of State
24		upon the conclusion of each final hearing held pursuant to this
25		subsection shall be set forth in a written order signed on
26		behalf of the Secretary of State by his or her designee and

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1		shall be filed as a public record. All hearings shall be held
2		before a person designated by the Secretary of State, and
3		appropriate records thereof shall be kept.
4		(6) Notwithstanding the foregoing, the Secretary of State,
5		after notice and opportunity for hearing, may at his or her
6		discretion enter into an agreed settlement, stipulation or
7		consent order with a respondent in accordance with the
8		provisions of the Illinois Administrative Procedure Act. The
9		provisions of the agreed settlement, stipulation or consent
10		order shall have the full force and effect of an order issued
11		by the Secretary of State.
12		(7) Anything in this Act to the contrary notwithstanding,
13		whenever the Secretary of State finds that a person is
14		currently expelled from, refused membership in or association
15		with, or limited in any material capacity by a self-regulatory
16		organization registered under the Federal 1934 Act or the
17		Federal 1974 Act because of a fraudulent or deceptive act or a
18		practice in violation of a rule, regulation, or standard duly
19		promulgated by the self-regulatory organization, the Secretary
20		of State may, at his or her discretion, enter a Summary Order
21		of Prohibition, which shall prohibit the offer or sale of any
22		securities, mineral investment contract, or mineral deferred
23		delivery contract by the person in this State. The order shall
24		take effect immediately upon its entry. Immediately after
25		taking the action the Secretary of State shall deliver a copy
26		of the order to the named Respondent by personal service or

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1		registered mail or certified mail, return receipt requested. A
2		person who is the subject of an Order of Prohibition may
3		petition the Secretary of State for a hearing to present
4		evidence of rehabilitation or change in circumstances
5		justifying the amendment or termination of the Order of
6		Prohibition.
7		G. No administrative action shall be brought by the
8		Secretary of State for relief under this Act or upon or because
9		of any of the matters for which relief is granted by this Act
10		after the earlier to occur of (i) 3 years from the date upon
11		which the Secretary of State had notice of facts which in the
12		exercise of reasonable diligence would lead to actual knowledge
13		of the alleged violation of the Act, or (ii) 5 years from the
14		date on which the alleged violation occurred.
15		H. The action of the Secretary of State in denying,
16		suspending, or revoking the registration of a dealer, Internet
17		portal, limited Canadian dealer, salesperson, investment
18		adviser, or investment adviser representative, in prohibiting
19		any person from engaging in the business of offering or selling
20		securities as a dealer, limited Canadian dealer, or
21		salesperson, in prohibiting or suspending the offer or sale of
22		securities by any person, in prohibiting a person from acting
23		as an investment adviser, federal covered investment adviser,
24		or investment adviser representative, in denying, suspending,
25		or revoking the registration of securities, in prohibiting or
26		suspending the offer or sale or proposed offer or sale of

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1		securities, in imposing any fine for violation of this Act, or
2		in issuing any order shall be subject to judicial review in the
3		Circuit Courts of Cook or Sangamon Counties in this State. The
4		Administrative Review Law shall apply to and govern every
5		action for the judicial review of final actions or decisions of
6		the Secretary of State under this Act.
7		I. Notwithstanding any other provisions of this Act to the
8		contrary, whenever it shall appear to the Secretary of State
9		that any person is engaged or about to engage in any acts or
10		practices which constitute or will constitute a violation of
11		this Act or of any rule or regulation prescribed under
12		authority of this Act, the Secretary of State may at his or her
13		discretion, through the Attorney General take any of the
14		following actions:
15		(1) File a complaint and apply for a temporary
16		restraining order without notice, and upon a proper showing
17		the court may enter a temporary restraining order without
18		bond, to enforce this Act.
19		(2) File a complaint and apply for a preliminary or
20		permanent injunction, and, after notice and a hearing and
21		upon a proper showing, the court may grant a preliminary or
22		permanent injunction and may order the defendant to make an
23		offer of rescission with respect to any sales or purchases
24		of securities, mineral investment contracts, or mineral
25		deferred delivery contracts determined by the court to be
26		unlawful under this Act.

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1		(3) Seek the seizure of assets when probable cause
2		exists that the assets were obtained by a defendant through
3		conduct in violation of Section 12, paragraph F, G, I, J,
4		K, or L of this Act, and thereby subject to a judicial
5		forfeiture hearing as required under this Act.
6		(a) In the event that such probable cause exists
7		that the subject of an investigation who is alleged to
8		have committed one of the relevant violations of this
9		Act has in his possession assets obtained as a result
10		of the conduct giving rise to the violation, the
11		Secretary of State may seek a seizure warrant in any
12		circuit court in Illinois.
13		(b) In seeking a seizure warrant, the Secretary of
14		State, or his or her designee, shall submit to the
15		court a sworn affidavit detailing the probable cause
16		evidence for the seizure, the location of the assets to
17		be seized, the relevant violation under Section 12 of
18		this Act, and a statement detailing any known owners or
19		interest holders in the assets.
20		(c) Seizure of the assets shall be made by any
21		peace officer upon process of the seizure warrant
22		issued by the court. Following the seizure of assets
23		under this Act and pursuant to a seizure warrant,
24		notice of seizure, including a description of the
25		seized assets, shall immediately be returned to the
26		issuing court. Seized assets shall be maintained

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1		pending a judicial forfeiture hearing in accordance
2		with the instructions of the court.
3		(d) In the event that management of seized assets
4		becomes necessary to prevent the devaluation,
5		dissipation, or otherwise to preserve the property,
6		the court shall have jurisdiction to appoint a
7		receiver, conservator, ancillary receiver, or
8		ancillary conservator for that purpose, as provided in
9		item (2) of this subsection.
10		(4) Seek the forfeiture of assets obtained through
11		conduct in violation of Section 12, paragraph F, G, H, I,
12		J, K, or L when authorized by law. A forfeiture must be
13		ordered by a circuit court or an action brought by the
14		Secretary of State as provided for in this Act, under a
15		verified complaint for forfeiture.
16		(a) In the event assets have been seized pursuant
17		to this Act, forfeiture proceedings shall be
18		instituted by the Attorney General within 45 days of
19		seizure.
20		(b) Service of the complaint filed under the
21		provisions of this Act shall be made in the manner as
22		provided in civil actions in this State.
23		(c) Only an owner of or interest holder in the
24		property may file an answer asserting a claim against
25		the property. For purposes of this Section, the owner
26		or interest holder shall be referred to as claimant.

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1		(d) The answer must be signed by the owner or
2		interest holder under penalty of perjury and must set
3		forth:
4		(i) the caption of the proceedings as set forth
5		on the notice of pending forfeiture and the name of
6		the claimant;
7		(ii) the address at which the claimant will
8		accept mail;
9		(iii) the nature and extent of the claimant's
10		interest in the property;
11		(iv) the date, identity of the transferor, and
12		circumstances of the claimant's acquisition of the
13		interest in the property;
14		(v) the name and address of all other persons
15		known to have an interest in the property;
16		(vi) the specific provisions of this Act
17		relied on in asserting that the property is not
18		subject to forfeiture;
19		(vii) all essential facts supporting each
20		assertion; and
21		(viii) the precise relief sought.
22		(e) The answer must be filed with the court within
23		45 days after service of the complaint.
24		(f) A property interest is exempt from forfeiture
25		under this Act if its owner or interest holder
26		establishes by a preponderance of evidence that the

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1		owner or interest holder:
2		(i) is not legally accountable for the conduct
3		giving rise to the forfeiture, did not acquiesce in
4		it, and did not know and could not reasonably have
5		known of the conduct or that the conduct was likely
6		to occur;
7		(ii) with respect to conveyances, did not hold
8		the property jointly or in common with a person
9		whose conduct gave rise to the forfeiture;
10		(iii) does not hold the property for the
11		benefit of or as a nominee for any person whose
12		conduct gave rise to its forfeiture and the owner
13		or interest holder acquires it as a bona fide
14		purchaser for value without knowingly taking part
15		in the conduct giving rise to the forfeiture; or
16		(iv) acquired the interest after the
17		commencement of the conduct giving rise to its
18		forfeiture and the owner or interest holder
19		acquired the interest as a mortgagee, secured
20		creditor, lienholder, or bona fide purchaser for
21		value without knowledge of the conduct that gave
22		rise to the forfeiture.
23		(g) The hearing must be held within 60 days after
24		the answer is filed unless continued for good cause.
25		(h) During the probable cause portion of the
26		judicial in rem proceeding wherein the Secretary of

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1		State presents its case-in-chief, the court must
2		receive and consider, among other things, any relevant
3		hearsay evidence and information. The laws of evidence
4		relating to civil actions shall apply to all other
5		portions of the judicial in rem proceeding.
6		(i) The Secretary of State shall show the existence
7		of probable cause for forfeiture of the property. If
8		the Secretary of State shows probable cause, the
9		claimant has the burden of showing by a preponderance
10		of the evidence that the claimant's interest in the
11		property is not subject to forfeiture.
12		(j) If the Secretary of State does not show the
13		existence of probable cause or a claimant has an
14		interest that is exempt under subdivision I (4)(d) of
15		this Section, the court shall order the interest in the
16		property returned or conveyed to the claimant and shall
17		order all other property forfeited to the Secretary of
18		State pursuant to all provisions of this Act. If the
19		Secretary of State does show the existence of probable
20		cause and the claimant does not establish by a
21		preponderance of the evidence that the claimant has an
22		interest that is exempt under subsection D herein, the
23		court shall order all the property forfeited to the
24		Secretary of State pursuant to the provisions of the
25		Section.
26		(k) A defendant convicted in any criminal

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1		proceeding is precluded from later denying the
2		essential allegations of the criminal offense of which
3		the defendant was convicted in any proceeding for
4		violations of the Act giving rise to forfeiture of
5		property herein regardless of the pendency of an appeal
6		from that conviction. However, evidence of the
7		pendency of an appeal is admissible.
8		(l) An acquittal or dismissal in a criminal
9		proceeding for violations of the Act giving rise to the
10		forfeiture of property herein shall not preclude civil
11		proceedings under this provision; however, for good
12		cause shown, on a motion by the Secretary of State, the
13		court may stay civil forfeiture proceedings during the
14		criminal trial for a related criminal indictment or
15		information alleging violation of the provisions of
16		Section 12 of the Illinois Securities Law of 1953.
17		Property subject to forfeiture under this Section
18		shall not be subject to return or release by a court
19		exercising jurisdiction over a criminal case involving
20		the seizure of the property unless the return or
21		release is consented to by the Secretary of State.
22		(m) All property declared forfeited under this Act
23		vests in the State on the commission of the conduct
24		giving rise to forfeiture together with the proceeds of
25		the property after that time. Any such property or
26		proceeds subsequently transferred to any person remain

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1		subject to forfeiture and thereafter shall be ordered
2		forfeited unless the transferee claims and establishes
3		in a hearing under the provisions of this Act that the
4		transferee's interest is exempt under the Act. Any
5		assets forfeited to the State shall be disposed of in
6		following manner:
7		(i) all forfeited property and assets shall be
8		liquidated by the Secretary of State in accordance
9		with all laws and rules governing the disposition
10		of such property;
11		(ii) the Secretary of State shall provide the
12		court at the time the property and assets are
13		declared forfeited a verified statement of
14		investors subject to the conduct giving rise to the
15		forfeiture;
16		(iii) after payment of any costs of sale,
17		receivership, storage, or expenses for
18		preservation of the property seized, other costs
19		to the State, and payment to claimants for any
20		amount deemed exempt from forfeiture, the proceeds
21		from liquidation shall be distributed pro rata to
22		investors subject to the conduct giving rise to the
23		forfeiture; and
24		(iv) any proceeds remaining after all verified
25		investors have been made whole shall be
26		distributed 25% to the Securities Investors

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1		Education Fund, 25% to the Securities Audit and
2		Enforcement Fund, 25% to the Attorney General or
3		any State's Attorney bringing criminal charges for
4		the conduct giving rise to the forfeiture, and 25%
5		to other law enforcement agencies participating in
6		the investigation of the criminal charges for the
7		conduct giving rise to the forfeiture. In the event
8		that no other law enforcement agencies are
9		involved in the investigation of the conduct
10		giving rise to the forfeiture, then the portion to
11		other law enforcement agencies shall be
12		distributed to the Securities Investors Education
13		Fund.
14		(n) The Secretary of State shall notify by
15		certified mail, return receipt requested, all known
16		investors in the matter giving rise to the forfeiture
17		of the forfeiture proceeding and sale of assets
18		forfeited arising from the violations of this Act, and
19		shall further publish notice in a paper of general
20		circulation in the district in which the violations
21		were prosecuted. The notice to investors shall
22		identify the name, address, and other identifying
23		information about any defendant prosecuted for
24		violations of this Act that resulted in forfeiture and
25		sale of property, the offense for which the defendant
26		was convicted, and that the court has ordered

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1		forfeiture and sale of property for claims of investors
2		who incurred losses or damages as a result of the
3		violations. Investors may then file a claim in a form
4		prescribed by the Secretary of State in order to share
5		in disbursement of the proceeds from sale of the
6		forfeited property. Investor claims must be filed with
7		the Secretary of State within 30 days after receipt of
8		the certified mail return receipt, or within 30 days
9		after the last date of publication of the general
10		notice in a paper of general circulation in the
11		district in which the violations were prosecuted,
12		whichever occurs last.
13		(o) A civil action under this subsection must be
14		commenced within 5 years after the last conduct giving
15		rise to the forfeiture became known or should have
16		become known or 5 years after the forfeitable property
17		is discovered, whichever is later, excluding time
18		during which either the property or claimant is out of
19		this State or in confinement or during which criminal
20		proceedings relating to the same conduct are in
21		progress.
22		(p) If property is seized for evidence and for
23		forfeiture, the time periods for instituting judicial
24		forfeiture proceedings shall not begin until the
25		property is no longer necessary for evidence.
26		(q) Notwithstanding other provisions of this Act,

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1		the Secretary of State and a claimant of forfeitable
2		property may enter into an agreed-upon settlement
3		concerning the forfeitable property in such an amount
4		and upon such terms as are set out in writing in a
5		settlement agreement.
6		(r) Nothing in this Act shall apply to property
7		that constitutes reasonable bona fide attorney's fees
8		paid to an attorney for services rendered or to be
9		rendered in the forfeiture proceeding or criminal
10		proceeding relating directly thereto when the property
11		was paid before its seizure and before the issuance of
12		any seizure warrant or court order prohibiting
13		transfer of the property and when the attorney, at the
14		time he or she received the property, did not know that
15		it was property subject to forfeiture under this Act.
16		The court shall further have jurisdiction and authority, in
17		addition to the penalties and other remedies in this Act
18		provided, to enter an order for the appointment of the court or
19		a person as a receiver, conservator, ancillary receiver or
20		ancillary conservator for the defendant or the defendant's
21		assets located in this State, or to require restitution,
22		damages or disgorgement of profits on behalf of the person or
23		persons injured by the act or practice constituting the subject
24		matter of the action, and may assess costs against the
25		defendant for the use of the State; provided, however, that the
26		civil remedies of rescission and appointment of a receiver,

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1		conservator, ancillary receiver or ancillary conservator shall
2		not be available against any person by reason of the failure to
3		file with the Secretary of State, or on account of the contents
4		of, any report of sale provided for in subsection G or P of
5		Section 4, paragraph (2) of subsection D of Sections 5 and 6,
6		or paragraph (2) of subsection F of Section 7 of this Act.
7		Appeals may be taken as in other civil cases.
8		J. In no case shall the Secretary of State, or any of his
9		or her employees or agents, in the administration of this Act,
10		incur any official or personal liability by instituting an
11		injunction or other proceeding or by denying, suspending or
12		revoking the registration of a dealer or salesperson, or by
13		denying, suspending or revoking the registration of securities
14		or prohibiting the offer or sale of securities, or by
15		suspending or prohibiting any person from acting as a dealer,
16		limited Canadian dealer, salesperson, investment adviser, or
17		investment adviser representative or from offering or selling
18		securities.
19		K. No provision of this Act shall be construed to require
20		or to authorize the Secretary of State to require any
21		investment adviser or federal covered investment adviser
22		engaged in rendering investment supervisory services to
23		disclose the identity, investments, or affairs of any client of
24		the investment adviser or federal covered investment adviser,
25		except insofar as the disclosure may be necessary or
26		appropriate in a particular proceeding or investigation having

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1		as its object the enforcement of this Act.
2		L. Whenever, after an examination, investigation or
3		hearing, the Secretary of State deems it of public interest or
4		advantage, he or she may certify a record to the State's
5		Attorney of the county in which the act complained of, examined
6		or investigated occurred. The State's Attorney of that county
7		within 90 days after receipt of the record shall file a written
8		statement at the Office of the Secretary of State, which
9		statement shall set forth the action taken upon the record, or
10		if no action has been taken upon the record that fact, together
11		with the reasons therefor, shall be stated.
12		M. The Secretary of State may initiate, take, pursue, or
13		prosecute any action authorized or permitted under Section 6d
14		of the Federal 1974 Act.
15		N. (1) Notwithstanding any provision of this Act to the
16		contrary, to encourage uniform interpretation, administration,
17		and enforcement of the provisions of this Act, the Secretary of
18		State may cooperate with the securities agencies or
19		administrators of one or more states, Canadian provinces or
20		territories, or another country, the Securities and Exchange
21		Commission, the Commodity Futures Trading Commission, the
22		Securities Investor Protection Corporation, any
23		self-regulatory organization, and any governmental law
24		enforcement or regulatory agency.
25		(2) The cooperation authorized by paragraph (1) of this
26		subsection includes, but is not limited to, the following:

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1		(a) establishing or participating in a central
2		depository or depositories for registration under this Act
3		and for documents or records required under this Act;
4		(b) making a joint audit, inspection, examination, or
5		investigation;
6		(c) holding a joint administrative hearing;
7		(d) filing and prosecuting a joint civil or criminal
8		proceeding;
9		(e) sharing and exchanging personnel;
10		(f) sharing and exchanging information and documents;
11		or
12		(g) issuing any joint statement or policy.
13		(Source: P.A. 99-182, eff. 1-1-16.)
14		(Text of Section after amendment by P.A. 100-512)
15		Sec. 11. Duties and powers of the Secretary of State.
16		A. (1) The administration of this Act is vested in the
17		Secretary of State, who may from time to time make, amend and
18		rescind such rules and regulations as may be necessary to carry
19		out this Act, including rules and regulations governing
20		procedures of registration, statements, applications and
21		reports for various classes of securities, persons and matters
22		within his or her jurisdiction and defining any terms, whether
23		or not used in this Act, insofar as the definitions are not
24		inconsistent with this Act. The rules and regulations adopted
25		by the Secretary of State under this Act shall be effective in

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1		the manner provided for in the Illinois Administrative
2		Procedure Act.
3		(2) Among other things, the Secretary of State shall have
4		authority, for the purposes of this Act, to prescribe the form
5		or forms in which required information shall be set forth,
6		accounting practices, the items or details to be shown in
7		balance sheets and earning statements, and the methods to be
8		followed in the preparation of accounts, in the appraisal or
9		valuation of assets and liabilities, in the determination of
10		depreciation and depletion, in the differentiation of
11		recurring and non-recurring income, in the differentiation of
12		investment and operating income, and in the preparation of
13		consolidated balance sheets or income accounts of any person,
14		directly or indirectly, controlling or controlled by the
15		issuer, or any person under direct or indirect common control
16		with the issuer.
17		(3) No provision of this Act imposing any liability shall
18		apply to any act done or omitted in good faith in conformity
19		with any rule or regulation of the Secretary of State under
20		this Act, notwithstanding that the rule or regulation may,
21		after the act or omission, be amended or rescinded or be
22		determined by judicial or other authority to be invalid for any
23		reason.
24		(4) The Securities Department of the Office of the
25		Secretary of State shall be deemed a criminal justice agency
26		for purposes of all federal and state laws and regulations and,

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1		in that capacity, shall be entitled to access to any
2		information available to criminal justice agencies and has the
3		power to appoint special agents to conduct all investigations,
4		searches, seizures, arrests, and other duties imposed under the
5		provisions of any law administered by the Department. The
6		special agents have and may exercise all the powers of peace
7		officers solely for the purpose of enforcing provisions of this
8		Act.
9		The Director must authorize to each special agent employed
10		under this Section a distinct badge that, on its face, (i)
11		clearly states that the badge is authorized by the Department
12		and (ii) contains a unique and identifying number.
13		Special agents shall comply with all training requirements
14		established for law enforcement officers by provisions of the
15		Illinois Police Training Act.
16		(5) The Secretary of State, by rule, may conditionally or
17		unconditionally exempt any person, security, or transaction,
18		or any class or classes of persons, securities, or transactions
19		from any provision of Section 5, 6, 7, 8, 8a, or 9 of this Act
20		or of any rule promulgated under these Sections, to the extent
21		that such exemption is necessary or appropriate in the public
22		interest, and is consistent with the protection of investors.
23		B. The Secretary of State may, anything in this Act to the
24		contrary notwithstanding, require financial statements and
25		reports of the issuer, dealer, Internet portal, salesperson,
26		investment adviser, or investment adviser representative as

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1		often as circumstances may warrant. In addition, the Secretary
2		of State may secure information or books and records from or
3		through others and may make or cause to be made investigations
4		respecting the business, affairs, and property of the issuer of
5		securities, any person involved in the sale or offer for sale,
6		purchase or offer to purchase of any mineral investment
7		contract, mineral deferred delivery contract, or security and
8		of dealers, Internet portals, salespersons, investment
9		advisers, and investment adviser representatives that are
10		registered or are the subject of an application for
11		registration under this Act. The costs of an investigation
12		shall be borne by the registrant or the applicant, provided
13		that the registrant or applicant shall not be obligated to pay
14		the costs without his, her or its consent in advance.
15		C. Whenever it shall appear to the Secretary of State,
16		either upon complaint or otherwise, that this Act, or any rule
17		or regulation prescribed under authority thereof, has been or
18		is about to be violated, he or she may, in his or her
19		discretion, do one or more of the following:
20		(1) require or permit the person to file with the
21		Secretary of State a statement in writing under oath, or
22		otherwise, as to all the facts and circumstances concerning
23		the subject matter which the Secretary of State believes to
24		be in the public interest to investigate, audit, examine,
25		or inspect;
26		(2) conduct an investigation, audit, examination, or

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1		inspection as necessary or advisable for the protection of
2		the interests of the public; and
3		(3) appoint investigators to conduct all
4		investigations, searches, seizures, arrests, and other
5		duties imposed under the provisions of any law administered
6		by the Department. The Director must authorize to each
7		investigator employed under this Section a distinct badge
8		that, on its face, (i) clearly states that the badge is
9		authorized by the Department and (ii) contains a unique and
10		identifying number.
11		D. (1) For the purpose of all investigations, audits,
12		examinations, or inspections which in the opinion of the
13		Secretary of State are necessary and proper for the enforcement
14		of this Act, the Secretary of State or a person designated by
15		him or her is empowered to administer oaths and affirmations,
16		subpoena witnesses, take evidence, and require, by subpoena or
17		other lawful means provided by this Act or the rules adopted by
18		the Secretary of State, the production of any books and
19		records, papers, or other documents which the Secretary of
20		State or a person designated by him or her deems relevant or
21		material to the inquiry.
22		(2) The Secretary of State or a person designated by him or
23		her is further empowered to administer oaths and affirmations,
24		subpoena witnesses, take evidence, and require the production
25		of any books and records, papers, or other documents in this
26		State at the request of a securities agency of another state,

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1		if the activities constituting the alleged violation for which
2		the information is sought would be in violation of Section 12
3		of this Act if the activities had occurred in this State.
4		(3) The Circuit Court of any County of this State, upon
5		application of the Secretary of State or a person designated by
6		him or her may order the attendance of witnesses, the
7		production of books and records, papers, accounts and documents
8		and the giving of testimony before the Secretary of State or a
9		person designated by him or her; and any failure to obey the
10		order may be punished by the Circuit Court as a contempt
11		thereof.
12		(4) The fees of subpoenaed witnesses under this Act for
13		attendance and travel shall be the same as fees of witnesses
14		before the Circuit Courts of this State, to be paid when the
15		witness is excused from further attendance, provided, the
16		witness is subpoenaed at the instance of the Secretary of
17		State; and payment of the fees shall be made and audited in the
18		same manner as other expenses of the Secretary of State.
19		(5) Whenever a subpoena is issued at the request of a
20		complainant or respondent as the case may be, the Secretary of
21		State may require that the cost of service and the fee of the
22		witness shall be borne by the party at whose instance the
23		witness is summoned.
24		(6) The Secretary of State shall have power at his or her
25		discretion, to require a deposit to cover the cost of the
26		service and witness fees and the payment of the legal witness

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1		fee and mileage to the witness served with subpoena.
2		(7) A subpoena issued under this Act shall be served in the
3		same manner as a subpoena issued out of a circuit court.
4		(8) The Secretary of State may in any investigation,
5		audits, examinations, or inspections cause the taking of
6		depositions of persons residing within or without this State in
7		the manner provided in civil actions under the laws of this
8		State.
9		E. Anything in this Act to the contrary notwithstanding:
10		(1) If the Secretary of State shall find that the offer
11		or sale or proposed offer or sale or method of offer or
12		sale of any securities by any person, whether exempt or
13		not, in this State, is fraudulent, or would work or tend to
14		work a fraud or deceit, or is being offered or sold in
15		violation of Section 12, or there has been a failure or
16		refusal to submit any notification filing or fee required
17		under this Act, the Secretary of State may by written order
18		prohibit or suspend the offer or sale of securities by that
19		person or deny or revoke the registration of the securities
20		or the exemption from registration for the securities.
21		(2) If the Secretary of State shall find that any
22		person has violated subsection C, D, E, F, G, H, I, J, or K
23		of Section 12 of this Act, the Secretary of State may by
24		written order temporarily or permanently prohibit or
25		suspend the person from offering or selling any securities,
26		any mineral investment contract, or any mineral deferred

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1		delivery contract in this State, provided that any person
2		who is the subject of an order of permanent prohibition may
3		petition the Secretary of State for a hearing to present
4		evidence of rehabilitation or change in circumstances
5		justifying the amendment or termination of the order of
6		permanent prohibition.
7		(3) If the Secretary of State shall find that any
8		person is engaging or has engaged in the business of
9		selling or offering for sale securities as a dealer,
10		Internet portal, or salesperson or is acting or has acted
11		as an investment adviser, investment adviser
12		representative, or federal covered investment adviser,
13		without prior thereto and at the time thereof having
14		complied with the registration or notice filing
15		requirements of this Act, the Secretary of State may by
16		written order prohibit or suspend the person from engaging
17		in the business of selling or offering for sale securities,
18		or acting as an investment adviser, investment adviser
19		representative, or federal covered investment adviser, in
20		this State.
21		(4) In addition to any other sanction or remedy
22		contained in this subsection E, the Secretary of State,
23		after finding that any provision of this Act has been
24		violated, may impose a fine as provided by rule, regulation
25		or order not to exceed $10,000 for each violation of this
26		Act, may issue an order of public censure against the

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1		violator, and may charge as costs of investigation all
2		reasonable expenses, including attorney's fees and witness
3		fees.
4		F. (1) The Secretary of State shall not deny, suspend or
5		revoke the registration of securities, suspend or revoke the
6		registration of a dealer, Internet portal, salesperson,
7		investment adviser, or investment adviser representative,
8		prohibit or suspend the offer or sale of any securities,
9		prohibit or suspend any person from offering or selling any
10		securities in this State, prohibit or suspend a dealer or
11		salesperson from engaging in the business of selling or
12		offering for sale securities, prohibit or suspend a person from
13		acting as an investment adviser or federal covered investment
14		adviser, or investment adviser representative, impose any fine
15		for violation of this Act, issue an order of public censure, or
16		enter into an agreed settlement except after an opportunity for
17		hearing upon not less than 10 days notice given by personal
18		service or registered mail or certified mail, return receipt
19		requested, to the person or persons concerned. Such notice
20		shall state the date and time and place of the hearing and
21		shall contain a brief statement of the proposed action of the
22		Secretary of State and the grounds for the proposed action. A
23		failure to appear at the hearing or otherwise respond to the
24		allegations set forth in the notice of hearing shall constitute
25		an admission of any facts alleged therein and shall constitute
26		sufficient basis to enter an order.

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1		(2) Anything herein contained to the contrary
2		notwithstanding, the Secretary of State may temporarily
3		prohibit or suspend, for a maximum period of 90 days, by an
4		order effective immediately, the offer or sale or registration
5		of securities, the registration of a dealer, Internet portal,
6		salesperson, investment adviser, or investment adviser
7		representative, or the offer or sale of securities by any
8		person, or the business of rendering investment advice, without
9		the notice and prior hearing in this subsection prescribed, if
10		the Secretary of State shall in his or her opinion, based on
11		credible evidence, deem it necessary to prevent an imminent
12		violation of this Act or to prevent losses to investors which
13		the Secretary of State reasonably believes will occur as a
14		result of a prior violation of this Act. Immediately after
15		taking action without such notice and hearing, the Secretary of
16		State shall deliver a copy of the temporary order to the
17		respondent named therein by personal service or registered mail
18		or certified mail, return receipt requested. The temporary
19		order shall set forth the grounds for the action and shall
20		advise that the respondent may request a hearing, that the
21		request for a hearing will not stop the effectiveness of the
22		temporary order and that respondent's failure to request a
23		hearing within 30 days after the date of the entry of the
24		temporary order shall constitute an admission of any facts
25		alleged therein and shall constitute sufficient basis to make
26		the temporary order final. Any provision of this paragraph (2)

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1		to the contrary notwithstanding, the Secretary of State may not
2		pursuant to the provisions of this paragraph (2) suspend the
3		registration of a dealer, limited Canadian dealer,
4		salesperson, investment adviser, or investment adviser
5		representative based upon sub-paragraph (n) of paragraph (l) of
6		subsection E of Section 8 of this Act or revoke the
7		registration of securities or revoke the registration of any
8		dealer, salesperson, investment adviser representative, or
9		investment adviser.
10		(3) The Secretary of State may issue a temporary order
11		suspending or delaying the effectiveness of any registration of
12		securities under subsection A or B of Section 5, 6 or 7 of this
13		Act subsequent to and upon the basis of the issuance of any
14		stop, suspension or similar order by the Securities and
15		Exchange Commission with respect to the securities which are
16		the subject of the registration under subsection A or B of
17		Section 5, 6 or 7 of this Act, and the order shall become
18		effective as of the date and time of effectiveness of the
19		Securities and Exchange Commission order and shall be vacated
20		automatically at such time as the order of the Securities and
21		Exchange Commission is no longer in effect.
22		(4) When the Secretary of State finds that an application
23		for registration as a dealer, Internet portal, salesperson,
24		investment adviser, or investment adviser representative
25		should be denied, the Secretary of State may enter an order
26		denying the registration. Immediately after taking such

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1		action, the Secretary of State shall deliver a copy of the
2		order to the respondent named therein by personal service or
3		registered mail or certified mail, return receipt requested.
4		The order shall state the grounds for the action and that the
5		matter will be set for hearing upon written request filed with
6		the Secretary of State within 30 days after the receipt of the
7		request by the respondent. The respondent's failure to request
8		a hearing within 30 days after receipt of the order shall
9		constitute an admission of any facts alleged therein and shall
10		make the order final. If a hearing is held, the Secretary of
11		State shall affirm, vacate, or modify the order.
12		(5) The findings and decision of the Secretary of State
13		upon the conclusion of each final hearing held pursuant to this
14		subsection shall be set forth in a written order signed on
15		behalf of the Secretary of State by his or her designee and
16		shall be filed as a public record. All hearings shall be held
17		before a person designated by the Secretary of State, and
18		appropriate records thereof shall be kept.
19		(6) Notwithstanding the foregoing, the Secretary of State,
20		after notice and opportunity for hearing, may at his or her
21		discretion enter into an agreed settlement, stipulation or
22		consent order with a respondent in accordance with the
23		provisions of the Illinois Administrative Procedure Act. The
24		provisions of the agreed settlement, stipulation or consent
25		order shall have the full force and effect of an order issued
26		by the Secretary of State.

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1		(7) Anything in this Act to the contrary notwithstanding,
2		whenever the Secretary of State finds that a person is
3		currently expelled from, refused membership in or association
4		with, or limited in any material capacity by a self-regulatory
5		organization registered under the Federal 1934 Act or the
6		Federal 1974 Act because of a fraudulent or deceptive act or a
7		practice in violation of a rule, regulation, or standard duly
8		promulgated by the self-regulatory organization, the Secretary
9		of State may, at his or her discretion, enter a Summary Order
10		of Prohibition, which shall prohibit the offer or sale of any
11		securities, mineral investment contract, or mineral deferred
12		delivery contract by the person in this State. The order shall
13		take effect immediately upon its entry. Immediately after
14		taking the action the Secretary of State shall deliver a copy
15		of the order to the named Respondent by personal service or
16		registered mail or certified mail, return receipt requested. A
17		person who is the subject of an Order of Prohibition may
18		petition the Secretary of State for a hearing to present
19		evidence of rehabilitation or change in circumstances
20		justifying the amendment or termination of the Order of
21		Prohibition.
22		G. No administrative action shall be brought by the
23		Secretary of State for relief under this Act or upon or because
24		of any of the matters for which relief is granted by this Act
25		after the earlier to occur of (i) 3 years from the date upon
26		which the Secretary of State had notice of facts which in the

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1		exercise of reasonable diligence would lead to actual knowledge
2		of the alleged violation of the Act, or (ii) 5 years from the
3		date on which the alleged violation occurred.
4		H. The action of the Secretary of State in denying,
5		suspending, or revoking the registration of a dealer, Internet
6		portal, limited Canadian dealer, salesperson, investment
7		adviser, or investment adviser representative, in prohibiting
8		any person from engaging in the business of offering or selling
9		securities as a dealer, limited Canadian dealer, or
10		salesperson, in prohibiting or suspending the offer or sale of
11		securities by any person, in prohibiting a person from acting
12		as an investment adviser, federal covered investment adviser,
13		or investment adviser representative, in denying, suspending,
14		or revoking the registration of securities, in prohibiting or
15		suspending the offer or sale or proposed offer or sale of
16		securities, in imposing any fine for violation of this Act, or
17		in issuing any order shall be subject to judicial review in the
18		Circuit Courts of Cook or Sangamon Counties in this State. The
19		Administrative Review Law shall apply to and govern every
20		action for the judicial review of final actions or decisions of
21		the Secretary of State under this Act.
22		I. Notwithstanding any other provisions of this Act to the
23		contrary, whenever it shall appear to the Secretary of State
24		that any person is engaged or about to engage in any acts or
25		practices which constitute or will constitute a violation of
26		this Act or of any rule or regulation prescribed under

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1		authority of this Act, the Secretary of State may at his or her
2		discretion, through the Attorney General take any of the
3		following actions:
4		(1) File a complaint and apply for a temporary
5		restraining order without notice, and upon a proper showing
6		the court may enter a temporary restraining order without
7		bond, to enforce this Act.
8		(2) File a complaint and apply for a preliminary or
9		permanent injunction, and, after notice and a hearing and
10		upon a proper showing, the court may grant a preliminary or
11		permanent injunction and may order the defendant to make an
12		offer of rescission with respect to any sales or purchases
13		of securities, mineral investment contracts, or mineral
14		deferred delivery contracts determined by the court to be
15		unlawful under this Act.
16		(3) Seek the seizure of assets when probable cause
17		exists that the assets were obtained by a defendant through
18		conduct in violation of Section 12, paragraph F, G, I, J,
19		K, or L of this Act, and thereby subject to a judicial
20		forfeiture hearing as required under this Act.
21		(a) In the event that such probable cause exists
22		that the subject of an investigation who is alleged to
23		have committed one of the relevant violations of this
24		Act has in his possession assets obtained as a result
25		of the conduct giving rise to the violation, the
26		Secretary of State may seek a seizure warrant in any

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1		circuit court in Illinois.
2		(b) In seeking a seizure warrant, the Secretary of
3		State, or his or her designee, shall submit to the
4		court a sworn affidavit detailing the probable cause
5		evidence for the seizure, the location of the assets to
6		be seized, the relevant violation under Section 12 of
7		this Act, and a statement detailing any known owners or
8		interest holders in the assets.
9		(c) Seizure of the assets shall be made by any
10		peace officer upon process of the seizure warrant
11		issued by the court. Following the seizure of assets
12		under this Act and pursuant to a seizure warrant,
13		notice of seizure, including a description of the
14		seized assets, shall immediately be returned to the
15		issuing court. Seized assets shall be maintained
16		pending a judicial forfeiture hearing in accordance
17		with the instructions of the court.
18		(d) In the event that management of seized assets
19		becomes necessary to prevent the devaluation,
20		dissipation, or otherwise to preserve the property,
21		the court shall have jurisdiction to appoint a
22		receiver, conservator, ancillary receiver, or
23		ancillary conservator for that purpose, as provided in
24		item (2) of this subsection.
25		(4) Seek the forfeiture of assets obtained through
26		conduct in violation of Section 12, paragraph F, G, H, I,

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1		J, K, or L when authorized by law. A forfeiture must be
2		ordered by a circuit court or an action brought by the
3		Secretary of State as provided for in this Act, under a
4		verified complaint for forfeiture.
5		(a) In the event assets have been seized pursuant
6		to this Act, forfeiture proceedings shall be
7		instituted by the Attorney General within 45 days of
8		seizure.
9		(b) Service of the complaint filed under the
10		provisions of this Act shall be made in the manner as
11		provided in civil actions in this State.
12		(c) Only an owner of or interest holder in the
13		property may file an answer asserting a claim against
14		the property. For purposes of this Section, the owner
15		or interest holder shall be referred to as claimant.
16		(d) The answer must be signed by the owner or
17		interest holder under penalty of perjury and must set
18		forth:
19		(i) the caption of the proceedings as set forth
20		on the notice of pending forfeiture and the name of
21		the claimant;
22		(ii) the address at which the claimant will
23		accept mail;
24		(iii) the nature and extent of the claimant's
25		interest in the property;
26		(iv) the date, identity of the transferor, and

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1		circumstances of the claimant's acquisition of the
2		interest in the property;
3		(v) the names and addresses name and address of
4		all other persons known to have an interest in the
5		property;
6		(vi) the specific provisions of this Act
7		relied on in asserting that the property is not
8		subject to forfeiture;
9		(vii) all essential facts supporting each
10		assertion; and
11		(viii) the precise relief sought.
12		(e) The answer must be filed with the court within
13		45 days after service of the complaint.
14		(f) A property interest is exempt from forfeiture
15		under this Act if its owner or interest holder
16		establishes by a preponderance of evidence that the
17		owner or interest holder:
18		(i) is not legally accountable for the conduct
19		giving rise to the forfeiture, did not acquiesce in
20		it, and did not know and could not reasonably have
21		known of the conduct or that the conduct was likely
22		to occur;
23		(ii) with respect to conveyances, did not hold
24		the property jointly or in common with a person
25		whose conduct gave rise to the forfeiture;
26		(iii) does not hold the property for the

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1		benefit of or as a nominee for any person whose
2		conduct gave rise to its forfeiture and the owner
3		or interest holder acquires it as a bona fide
4		purchaser for value without knowingly taking part
5		in the conduct giving rise to the forfeiture; or
6		(iv) acquired the interest after the
7		commencement of the conduct giving rise to its
8		forfeiture and the owner or interest holder
9		acquired the interest as a mortgagee, secured
10		creditor, lienholder, or bona fide purchaser for
11		value without knowledge of the conduct that gave
12		rise to the forfeiture.
13		(g) The hearing must be held within 60 days after
14		the answer is filed unless continued for good cause.
15		(h) During the probable cause portion of the
16		judicial in rem proceeding wherein the Secretary of
17		State presents its case-in-chief, the court must
18		receive and consider, among other things, any relevant
19		hearsay evidence and information. The laws of evidence
20		relating to civil actions shall apply to all other
21		portions of the judicial in rem proceeding.
22		(i) The Secretary of State shall show the existence
23		of probable cause for forfeiture of the property. If
24		the Secretary of State shows probable cause, the
25		claimant has the burden of showing by a preponderance
26		of the evidence that the claimant's interest in the

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1		property is not subject to forfeiture.
2		(j) If the Secretary of State does not show the
3		existence of probable cause or a claimant has an
4		interest that is exempt under subdivision I (4)(d) of
5		this Section, the court shall order the interest in the
6		property returned or conveyed to the claimant and shall
7		order all other property forfeited to the Secretary of
8		State pursuant to all provisions of this Act. If the
9		Secretary of State does show the existence of probable
10		cause and the claimant does not establish by a
11		preponderance of the evidence that the claimant has an
12		interest that is exempt under subsection D herein, the
13		court shall order all the property forfeited to the
14		Secretary of State pursuant to the provisions of the
15		Section.
16		(k) A defendant convicted in any criminal
17		proceeding is precluded from later denying the
18		essential allegations of the criminal offense of which
19		the defendant was convicted in any proceeding for
20		violations of the Act giving rise to forfeiture of
21		property herein regardless of the pendency of an appeal
22		from that conviction. However, evidence of the
23		pendency of an appeal is admissible.
24		(l) An acquittal or dismissal in a criminal
25		proceeding for violations of the Act giving rise to the
26		forfeiture of property herein shall not preclude civil

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1		proceedings under this provision; however, for good
2		cause shown, on a motion by the Secretary of State, the
3		court may stay civil forfeiture proceedings during the
4		criminal trial for a related criminal indictment or
5		information alleging violation of the provisions of
6		Section 12 of the Illinois Securities Law of 1953.
7		Property subject to forfeiture under this Section
8		shall not be subject to return or release by a court
9		exercising jurisdiction over a criminal case involving
10		the seizure of the property unless the return or
11		release is consented to by the Secretary of State.
12		(m) All property declared forfeited under this Act
13		vests in the State on the commission of the conduct
14		giving rise to forfeiture together with the proceeds of
15		the property after that time. Any such property or
16		proceeds subsequently transferred to any person remain
17		subject to forfeiture and thereafter shall be ordered
18		forfeited unless the transferee claims and establishes
19		in a hearing under the provisions of this Act that the
20		transferee's interest is exempt under the Act. Any
21		assets forfeited to the State shall be disposed of in
22		following manner:
23		(i) all forfeited property and assets shall be
24		liquidated by the Secretary of State in accordance
25		with all laws and rules governing the disposition
26		of such property;

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1		(ii) the Secretary of State shall provide the
2		court at the time the property and assets are
3		declared forfeited a verified statement of
4		investors subject to the conduct giving rise to the
5		forfeiture;
6		(iii) after payment of any costs of sale,
7		receivership, storage, or expenses for
8		preservation of the property seized, other costs
9		to the State, and payment to claimants for any
10		amount deemed exempt from forfeiture, the proceeds
11		from liquidation shall be distributed pro rata to
12		investors subject to the conduct giving rise to the
13		forfeiture; and
14		(iv) any proceeds remaining after all verified
15		investors have been made whole shall be
16		distributed 25% to the Securities Investors
17		Education Fund, 25% to the Securities Audit and
18		Enforcement Fund, 25% to the Attorney General or
19		any State's Attorney bringing criminal charges for
20		the conduct giving rise to the forfeiture, and 25%
21		to other law enforcement agencies participating in
22		the investigation of the criminal charges for the
23		conduct giving rise to the forfeiture. In the event
24		that no other law enforcement agencies are
25		involved in the investigation of the conduct
26		giving rise to the forfeiture, then the portion to

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1		other law enforcement agencies shall be
2		distributed to the Securities Investors Education
3		Fund.
4		(n) The Secretary of State shall notify by
5		certified mail, return receipt requested, all known
6		investors in the matter giving rise to the forfeiture
7		of the forfeiture proceeding and sale of assets
8		forfeited arising from the violations of this Act, and
9		shall further publish notice in a paper of general
10		circulation in the district in which the violations
11		were prosecuted. The notice to investors shall
12		identify the name, address, and other identifying
13		information about any defendant prosecuted for
14		violations of this Act that resulted in forfeiture and
15		sale of property, the offense for which the defendant
16		was convicted, and that the court has ordered
17		forfeiture and sale of property for claims of investors
18		who incurred losses or damages as a result of the
19		violations. Investors may then file a claim in a form
20		prescribed by the Secretary of State in order to share
21		in disbursement of the proceeds from sale of the
22		forfeited property. Investor claims must be filed with
23		the Secretary of State within 30 days after receipt of
24		the certified mail return receipt, or within 30 days
25		after the last date of publication of the general
26		notice in a paper of general circulation in the

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1		district in which the violations were prosecuted,
2		whichever occurs last.
3		(o) A civil action under this subsection must be
4		commenced within 5 years after the last conduct giving
5		rise to the forfeiture became known or should have
6		become known or 5 years after the forfeitable property
7		is discovered, whichever is later, excluding time
8		during which either the property or claimant is out of
9		this State or in confinement or during which criminal
10		proceedings relating to the same conduct are in
11		progress.
12		(p) If property is seized for evidence and for
13		forfeiture, the time periods for instituting judicial
14		forfeiture proceedings shall not begin until the
15		property is no longer necessary for evidence.
16		(q) Notwithstanding other provisions of this Act,
17		the Secretary of State and a claimant of forfeitable
18		property may enter into an agreed-upon settlement
19		concerning the forfeitable property in such an amount
20		and upon such terms as are set out in writing in a
21		settlement agreement.
22		(r) Nothing in this Act shall apply to property
23		that constitutes reasonable bona fide attorney's fees
24		paid to an attorney for services rendered or to be
25		rendered in the forfeiture proceeding or criminal
26		proceeding relating directly thereto when the property

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1		was paid before its seizure and before the issuance of
2		any seizure warrant or court order prohibiting
3		transfer of the property and when the attorney, at the
4		time he or she received the property, did not know that
5		it was property subject to forfeiture under this Act.
6		The court shall further have jurisdiction and authority, in
7		addition to the penalties and other remedies in this Act
8		provided, to enter an order for the appointment of the court or
9		a person as a receiver, conservator, ancillary receiver or
10		ancillary conservator for the defendant or the defendant's
11		assets located in this State, or to require restitution,
12		damages or disgorgement of profits on behalf of the person or
13		persons injured by the act or practice constituting the subject
14		matter of the action, and may assess costs against the
15		defendant for the use of the State; provided, however, that the
16		civil remedies of rescission and appointment of a receiver,
17		conservator, ancillary receiver or ancillary conservator shall
18		not be available against any person by reason of the failure to
19		file with the Secretary of State, or on account of the contents
20		of, any report of sale provided for in subsection G or P of
21		Section 4, paragraph (2) of subsection D of Sections 5 and 6,
22		or paragraph (2) of subsection F of Section 7 of this Act.
23		Appeals may be taken as in other civil cases.
24		I-5. Property forfeited under this Section is subject to
25		reporting under the Seizure and Forfeiture Reporting Act.
26		J. In no case shall the Secretary of State, or any of his

SB0564 Engrossed - 323 - LRB100 04874 RLC 14884 b
1		or her employees or agents, in the administration of this Act,
2		incur any official or personal liability by instituting an
3		injunction or other proceeding or by denying, suspending or
4		revoking the registration of a dealer or salesperson, or by
5		denying, suspending or revoking the registration of securities
6		or prohibiting the offer or sale of securities, or by
7		suspending or prohibiting any person from acting as a dealer,
8		limited Canadian dealer, salesperson, investment adviser, or
9		investment adviser representative or from offering or selling
10		securities.
11		K. No provision of this Act shall be construed to require
12		or to authorize the Secretary of State to require any
13		investment adviser or federal covered investment adviser
14		engaged in rendering investment supervisory services to
15		disclose the identity, investments, or affairs of any client of
16		the investment adviser or federal covered investment adviser,
17		except insofar as the disclosure may be necessary or
18		appropriate in a particular proceeding or investigation having
19		as its object the enforcement of this Act.
20		L. Whenever, after an examination, investigation or
21		hearing, the Secretary of State deems it of public interest or
22		advantage, he or she may certify a record to the State's
23		Attorney of the county in which the act complained of, examined
24		or investigated occurred. The State's Attorney of that county
25		within 90 days after receipt of the record shall file a written
26		statement at the Office of the Secretary of State, which

SB0564 Engrossed - 324 - LRB100 04874 RLC 14884 b
1		statement shall set forth the action taken upon the record, or
2		if no action has been taken upon the record that fact, together
3		with the reasons therefor, shall be stated.
4		M. The Secretary of State may initiate, take, pursue, or
5		prosecute any action authorized or permitted under Section 6d
6		of the Federal 1974 Act.
7		N. (1) Notwithstanding any provision of this Act to the
8		contrary, to encourage uniform interpretation, administration,
9		and enforcement of the provisions of this Act, the Secretary of
10		State may cooperate with the securities agencies or
11		administrators of one or more states, Canadian provinces or
12		territories, or another country, the Securities and Exchange
13		Commission, the Commodity Futures Trading Commission, the
14		Securities Investor Protection Corporation, any
15		self-regulatory organization, and any governmental law
16		enforcement or regulatory agency.
17		(2) The cooperation authorized by paragraph (1) of this
18		subsection includes, but is not limited to, the following:
19		(a) establishing or participating in a central
20		depository or depositories for registration under this Act
21		and for documents or records required under this Act;
22		(b) making a joint audit, inspection, examination, or
23		investigation;
24		(c) holding a joint administrative hearing;
25		(d) filing and prosecuting a joint civil or criminal
26		proceeding;

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1		(e) sharing and exchanging personnel;
2		(f) sharing and exchanging information and documents;
3		or
4		(g) issuing any joint statement or policy.
5		(Source: P.A. 99-182, eff. 1-1-16; 100-512, eff. 7-1-18.)
6		Section 50. "AN ACT concerning criminal law", approved
7		September 19, 2017, (Public Act 100-0512) is amended by adding
8		Section 997 as follows:
9		Section 997. Savings clause. The provisions of this Act are
10		subject to Section 4 of the Statute on Statutes.
11		Section 95. No acceleration or delay. Where this Act makes
12		changes in a statute that is represented in this Act by text
13		that is not yet or no longer in effect (for example, a Section
14		represented by multiple versions), the use of that text does
15		not accelerate or delay the taking effect of (i) the changes
16		made by this Act or (ii) provisions derived from any other
17		Public Act.
18		Section 99. Effective date. This Act takes effect July 1,
19		2018.