| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Seizure and Forfeiture Reporting Act. | ||||||||||||||||||||||||
6 | Section 3. Definitions. For the purposes of this Act, | ||||||||||||||||||||||||
7 | "Authority" means the Illinois Criminal Justice Information | ||||||||||||||||||||||||
8 | Authority. | ||||||||||||||||||||||||
9 | Section 5. Applicability. This Act is applicable to | ||||||||||||||||||||||||
10 | property seized or forfeited under the following provisions of | ||||||||||||||||||||||||
11 | law: | ||||||||||||||||||||||||
12 | (1) Section 3.23 of the Illinois Food, Drug and Cosmetic | ||||||||||||||||||||||||
13 | Act; | ||||||||||||||||||||||||
14 | (2) Section 44.1 of the Environmental Protection Act; | ||||||||||||||||||||||||
15 | (3) Section 105-55 of the Herptiles-Herps Act; | ||||||||||||||||||||||||
16 | (4) Section 1-215 of the Fish and Aquatic Life Code; | ||||||||||||||||||||||||
17 | (5) Section 1.25 of the Wildlife Code; | ||||||||||||||||||||||||
18 | (6) Section 17-10.6 of the Criminal Code of 2012 (financial | ||||||||||||||||||||||||
19 | institution fraud); | ||||||||||||||||||||||||
20 | (7) Section 28-5 of the Criminal Code of 2012 (gambling); | ||||||||||||||||||||||||
21 | (8) Article 29B of the Criminal Code of 2012 (money | ||||||||||||||||||||||||
22 | laundering); |
| |||||||
| |||||||
1 | (9) Article 33G of the Criminal Code of 2012 (Illinois | ||||||
2 | Street Gang and Racketeer Influenced and Corrupt Organizations | ||||||
3 | Law); | ||||||
4 | (10) Article 36 of the Criminal Code of 2012 (seizure and | ||||||
5 | forfeiture of vessels, vehicles and aircraft); | ||||||
6 | (11) Section 47-15 of the Criminal Code of 2012 (dumping | ||||||
7 | garbage upon real property); | ||||||
8 | (l2) Article 124B of the Code Of Criminal Procedure of 1963 | ||||||
9 | (forfeiture); | ||||||
10 | (13) Drug Asset Forfeiture Procedure Act; | ||||||
11 | (14) Narcotics Profit Forfeiture Act; | ||||||
12 | (15) Illinois Streetgang Terrorism Omnibus Prevention Act; | ||||||
13 | (16) Illinois Securities Law of 1953; and | ||||||
14 | (17) any other provision of law that authorizes a law | ||||||
15 | enforcement agency to seize for the purpose of forfeiture | ||||||
16 | property alleged to have been used in or derived from the | ||||||
17 | commission of a criminal offense.
| ||||||
18 | Section 10. Reporting by law enforcement agency. | ||||||
19 | (a) Each law enforcement agency that seizes property | ||||||
20 | subject to reporting under this Act shall report information | ||||||
21 | about property seized or forfeited under State law and under | ||||||
22 | any agreement with the federal government to the Illinois | ||||||
23 | Criminal Justice Information Authority each month which shall | ||||||
24 | include the following: | ||||||
25 | (1) the name of the law enforcement agency that seized |
| |||||||
| |||||||
1 | the property; | ||||||
2 | (2) the date of the seizure; | ||||||
3 | (3) the type of property seized, such as a building, | ||||||
4 | vehicle, boat, cash, negotiable security, or firearm, | ||||||
5 | except reporting is not required for seizures of contraband | ||||||
6 | including alcohol, gaming devices, drug paraphernalia, and | ||||||
7 | controlled substances; | ||||||
8 | (4) a description of the property seized and the | ||||||
9 | estimated value of the property and if the property is a | ||||||
10 | conveyance, the description shall include the make, model, | ||||||
11 | year, and vehicle identification number or serial number; | ||||||
12 | (5) the location where the seizure occurred; | ||||||
13 | (6) whether the seizure was adopted by the federal | ||||||
14 | government, part of a joint task force with the federal | ||||||
15 | government, or other arrangement with the federal | ||||||
16 | government; | ||||||
17 | (7) the alleged violation of law giving rise to the | ||||||
18 | seizure; | ||||||
19 | (8) whether any person has been convicted of a | ||||||
20 | violation described in paragraph (7) of this Section; | ||||||
21 | (9) whether an action for forfeiture of the property | ||||||
22 | has been instituted; | ||||||
23 | (10) if applicable, the disposition of the property | ||||||
24 | through the forfeiture process, such as returned to owner, | ||||||
25 | returned to third-party owner, sold, destroyed, or | ||||||
26 | retained by law enforcement; |
| |||||||
| |||||||
1 | (11) if applicable, the date upon which the property | ||||||
2 | was disposed as described in paragraph (10) of this | ||||||
3 | Section; and
| ||||||
4 | (l2) if applicable, the value of the property | ||||||
5 | forfeited.
| ||||||
6 | (b) Each law enforcement agency that expends proceeds from | ||||||
7 | the forfeiture of property subject to reporting under this Act | ||||||
8 | shall transmit to the Authority on or before January 31 of each | ||||||
9 | year for the prior calendar year the following information: | ||||||
10 | (1) the total amount of funds expended, in each of the | ||||||
11 | following categories, which resulted from property seized, | ||||||
12 | forfeited, or reported under Section 10 of this Act: | ||||||
13 | (A) abuse, crime, or gang prevention programs; | ||||||
14 | (B) compensation or services for crime victims; | ||||||
15 | (C) witness protection, informant fees, or | ||||||
16 | controlled purchases of contraband; | ||||||
17 | (D) salaries, overtime, or benefits, as permitted | ||||||
18 | by law; | ||||||
19 | (E) professional outside services, including | ||||||
20 | auditing, court reporting, expert witnesses, | ||||||
21 | attorney's fees, or membership fees paid to trade | ||||||
22 | associations;
| ||||||
23 | (F) travel, meals, entertainment, conferences, | ||||||
24 | training, or continuing education seminars; | ||||||
25 | (G) other operating expenses including office | ||||||
26 | supplies, postage, or printing; |
| |||||||
| |||||||
1 | (H) capital expenditures including vehicles, | ||||||
2 | firearms, equipment, computers, or furniture; and | ||||||
3 | (I) other expenditures of forfeiture proceeds. | ||||||
4 | (2) the total value of forfeited property held by the | ||||||
5 | agency at the end of the reporting period.
| ||||||
6 | (c) The commander of a multijurisdictional task force may | ||||||
7 | appoint one agency to report its seizures. | ||||||
8 | Section 15. Illinois Criminal Justice Information | ||||||
9 | Authority seized and forfeited property database. The | ||||||
10 | Authority shall establish and maintain on its official website | ||||||
11 | a searchable public database that includes all of the | ||||||
12 | information reported under subsections (a) and (b) of Section | ||||||
13 | 10 of this Act. | ||||||
14 | Section 20. Rules. The Authority shall adopt any rules | ||||||
15 | necessary to implement this Act. | ||||||
16 | Section 25. Procedures to compel compliance. The Authority | ||||||
17 | may adopt procedures to compel a law enforcement agency's | ||||||
18 | compliance with the reporting requirements under this Act. | ||||||
19 | Section 30. Recoupment of costs. The Authority may recoup | ||||||
20 | its costs under this Act by charging a fee to a law enforcement | ||||||
21 | agency required to file a report under this Act. A law | ||||||
22 | enforcement agency may use forfeiture proceeds to pay the costs |
| |||||||
| |||||||
1 | of compiling and reporting data under this Act, and to pay any | ||||||
2 | fees imposed by the Authority under this Section. | ||||||
3 | Section 50. Short title. Sections 50 through 85 may be | ||||||
4 | cited as the Asset Forfeiture Proceeds Disbursement Law . | ||||||
5 | Section 55. Fund. The Asset Forfeiture Proceeds Fund is | ||||||
6 | created as a special fund in the State treasury to provide | ||||||
7 | monies for the grants to be awarded under this Law. The | ||||||
8 | Illinois Criminal Justice Information Authority shall | ||||||
9 | administer the disbursement of monies collected in the Asset | ||||||
10 | Forfeiture Proceeds Fund through the awarding of grants in | ||||||
11 | accordance with the procedures in this Law. | ||||||
12 | Section 60. Funding eligibility. The following entities | ||||||
13 | shall be eligible to apply to the Authority for selection and | ||||||
14 | funding under this Law: | ||||||
15 | (1) A public or private nonprofit agency, school district, | ||||||
16 | park district, or other unit of local government may apply for | ||||||
17 | funding for any of the following purposes: | ||||||
18 | (A) to provide residential or outpatient mental | ||||||
19 | health, substance abuse treatment, or aftercare services; | ||||||
20 | (B) to provide supportive services to victims of | ||||||
21 | domestic violence, sexual assault, or other violent | ||||||
22 | crimes; | ||||||
23 | (C) to provide education in the community or schools to |
| |||||||
| |||||||
1 | promote prevention of the abuse of drugs or alcohol; | ||||||
2 | (D) to purchase opioid antagonists as defined in | ||||||
3 | Section 5-23 of the Alcoholism and Other Drug Abuse and | ||||||
4 | Dependency Act; or | ||||||
5 | (E) to provide job training or employment services to | ||||||
6 | persons who are unemployed, employed in low-skill jobs, | ||||||
7 | low-wage jobs, or who have criminal records. | ||||||
8 | (2) Any State or local law enforcement agency may apply for | ||||||
9 | funding for any of the following purposes: | ||||||
10 | (A) to enforce the criminal and traffic laws of this | ||||||
11 | State; | ||||||
12 | (B) to administer gang intervention and prevention | ||||||
13 | programs; | ||||||
14 | (C) to purchase opioid antagonists as defined in | ||||||
15 | Section 5-23 of the Alcoholism and Other Drug Abuse and | ||||||
16 | Dependency Act; | ||||||
17 | (D) to provide education in the community or schools to | ||||||
18 | promote prevention of the abuse of drugs or alcohol; or | ||||||
19 | (E) for security cameras used for the prevention or | ||||||
20 | detection of violence. | ||||||
21 | (3) A State's Attorney, the Office of the State's Attorneys | ||||||
22 | Appellate Prosecutor, or the Attorney General may apply for | ||||||
23 | funding to defray expenses incurred in the investigation, | ||||||
24 | prosecution, or appeal of cases arising under the criminal laws | ||||||
25 | of this State. |
| |||||||
| |||||||
1 | Section 65. Funding consideration. The Authority shall | ||||||
2 | consider the following factors in selecting applicants to | ||||||
3 | receive funds under this Law: | ||||||
4 | (1) the stated goals of the applicants; | ||||||
5 | (2) the commitment and ability of the applicants to | ||||||
6 | provide the services described in this Law; | ||||||
7 | (3) the number of persons to be served and the needs of | ||||||
8 | the community; | ||||||
9 | (4) evidence of community support; | ||||||
10 | (5) the organizational structure of the applicant | ||||||
11 | agency; and | ||||||
12 | (6) evidence that the applicant's proposed use of grant | ||||||
13 | funds is likely to produce public safety benefits for the | ||||||
14 | people of this State. | ||||||
15 | Section 70. Selection of applicants. After evaluation of | ||||||
16 | all applicants, the Authority shall select a number of | ||||||
17 | applicants which the Authority deems qualified under this Law | ||||||
18 | for designation to receive funding under this Law. In making | ||||||
19 | these grants, the Authority shall take into account the State's | ||||||
20 | law enforcement priorities and needs identified by the | ||||||
21 | Department of State Police. | ||||||
22 | Section 75. Funding contracts. Funding contracts shall be | ||||||
23 | entered into by the Illinois Criminal Justice Information | ||||||
24 | Authority with each designated applicant on an annual basis. |
| |||||||
| |||||||
1 | The Authority may require that a grant recipient provide | ||||||
2 | matching funds equal to the grant amount. | ||||||
3 | Section 80. Funding cancellation. The Authority may | ||||||
4 | evaluate each recipient prior to each fund dispersal and cancel | ||||||
5 | the remaining term of any contract in which the recipient has | ||||||
6 | failed to meet the contract requirements, or for any good | ||||||
7 | cause. | ||||||
8 | Section 85. Rules. The Illinois Criminal Justice | ||||||
9 | Information Authority may adopt rules to implement the | ||||||
10 | provisions of this Law. | ||||||
11 | Section 150. The State Finance Act is amended by adding | ||||||
12 | Section 5.878 as follows: | ||||||
13 | (30 ILCS 105/5.878 new) | ||||||
14 | Sec. 5.878. The Asset Forfeiture Proceeds Fund. | ||||||
15 | Section 155. The Illinois Food, Drug and Cosmetic Act is | ||||||
16 | amended by changing Section 3.23 as follows: | ||||||
17 | (410 ILCS 620/3.23)
| ||||||
18 | Sec. 3.23. Legend drug prohibition. | ||||||
19 | (a) In this Section: | ||||||
20 | "Legend drug" means a drug limited by the Federal Food, |
| |||||||
| |||||||
1 | Drug and Cosmetic Act to being dispensed by or upon a medical | ||||||
2 | practitioner's prescription because the drug is: | ||||||
3 | (1) habit forming; | ||||||
4 | (2) toxic or having potential for harm; or | ||||||
5 | (3) limited in use by the new drug application for the | ||||||
6 | drug to use only under a medical practitioner's | ||||||
7 | supervision. | ||||||
8 | "Medical practitioner" means any person licensed to | ||||||
9 | practice medicine in all its branches in the State. | ||||||
10 | "Deliver" or "delivery" means the actual, constructive, or | ||||||
11 | attempted transfer of possession of a legend drug, with or | ||||||
12 | without consideration, whether or not there is an agency | ||||||
13 | relationship. | ||||||
14 | "Manufacture" means the production, preparation, | ||||||
15 | propagation, compounding, conversion, or processing of a | ||||||
16 | legend drug, either directly or indirectly, by extraction from | ||||||
17 | substances of natural origin, or independently by means of | ||||||
18 | chemical synthesis, or by a combination of extraction and | ||||||
19 | chemical synthesis, and includes any packaging or repackaging | ||||||
20 | of the substance or labeling of its container. "Manufacture" | ||||||
21 | does not include: | ||||||
22 | (1) by an ultimate user, the preparation or compounding | ||||||
23 | of a legend drug for his own use; or | ||||||
24 | (2) by a medical practitioner, or his authorized agent | ||||||
25 | under his supervision, the preparation, compounding, | ||||||
26 | packaging, or labeling of a legend drug: |
| |||||||
| |||||||
1 | (A) as an incident to his administering or | ||||||
2 | dispensing of a legend drug in the course of his | ||||||
3 | professional practice; or | ||||||
4 | (B) as an incident to lawful research, teaching, or | ||||||
5 | chemical analysis and not for sale. | ||||||
6 | "Prescription" has the same meaning ascribed to it in | ||||||
7 | Section 3 of the Pharmacy Practice Act. | ||||||
8 | (b) It is unlawful for any person to knowingly manufacture | ||||||
9 | or deliver or possess with the intent to manufacture or deliver | ||||||
10 | a legend drug of 6 or more pills, tablets, capsules, or caplets | ||||||
11 | or 30 ml or more of a legend drug in liquid form who is not | ||||||
12 | licensed by applicable law to prescribe or dispense legend | ||||||
13 | drugs or is not an employee of the licensee operating in the | ||||||
14 | normal course of business under the supervision of the | ||||||
15 | licensee. Any person who violates this Section is guilty of a | ||||||
16 | Class 3 felony, the fine for which shall not exceed $100,000. A | ||||||
17 | person convicted of a second or subsequent violation of this | ||||||
18 | Section is guilty of a Class 1 felony, the fine for which shall | ||||||
19 | not exceed $250,000. | ||||||
20 | (c) The following are subject to forfeiture: | ||||||
21 | (1) (blank); all substances that have been | ||||||
22 | manufactured, distributed, dispensed, or possessed in | ||||||
23 | violation of this Act; | ||||||
24 | (2) all raw materials, products, and equipment of any
| ||||||
25 | kind which are used, or intended for use in manufacturing,
| ||||||
26 | distributing, dispensing, administering, or possessing any |
| |||||||
| |||||||
1 | substance in violation of subsection (b) of this Section | ||||||
2 | Act ; | ||||||
3 | (3) all conveyances, including aircraft, vehicles, or
| ||||||
4 | vessels, which are used, or intended for use, to transport, | ||||||
5 | or in any manner to facilitate the transportation, sale, | ||||||
6 | receipt, possession, or concealment of any substance | ||||||
7 | manufactured, delivered, or possessed in violation of | ||||||
8 | subsection (b) of this Section or property described in | ||||||
9 | paragraph items (1) and (2) of this subsection (c), but: | ||||||
10 | (A) no conveyance used by any person as a common
| ||||||
11 | carrier in the transaction of business as a common | ||||||
12 | carrier is subject to forfeiture under this Section | ||||||
13 | unless it appears that the owner or other person in | ||||||
14 | charge of the conveyance is a consenting party or privy | ||||||
15 | to the a violation of this Act ; | ||||||
16 | (B) no conveyance is subject to forfeiture
under | ||||||
17 | this Section by reason of any act or omission which the | ||||||
18 | owner proves to have been committed or omitted without | ||||||
19 | his knowledge or consent; and | ||||||
20 | (C) a forfeiture of a conveyance encumbered by
a | ||||||
21 | bona fide security interest is subject to the interest | ||||||
22 | of the secured party if he neither had knowledge of nor | ||||||
23 | consented to the act or omission; | ||||||
24 | (4) all money, things of value, books, records, and
| ||||||
25 | research products and materials including formulas, | ||||||
26 | microfilm, tapes, and data that are used, or intended to be |
| |||||||
| |||||||
1 | used in violation of subsection (b) of this Section Act ; | ||||||
2 | (5) everything of value furnished, or intended to be
| ||||||
3 | furnished, in exchange for a substance in violation of | ||||||
4 | subsection (b) of this Section Act , all proceeds traceable | ||||||
5 | to such an exchange, and all moneys, negotiable | ||||||
6 | instruments, and securities used, or intended to be used, | ||||||
7 | to commit or in any manner to facilitate any violation of | ||||||
8 | subsection (b) of this Section Act ; and | ||||||
9 | (6) all real property, including any right, title,
and | ||||||
10 | interest, including, but not limited to, any leasehold | ||||||
11 | interest or the beneficial interest in a land trust, in the | ||||||
12 | whole of any lot or tract of land and any appurtenances or | ||||||
13 | improvements, which is used or intended to be used, in any | ||||||
14 | manner or part, to commit, or in any manner to facilitate | ||||||
15 | the commission of, any violation or act that constitutes a | ||||||
16 | violation of subsection (b) of this Section 33.1 of this | ||||||
17 | Act or that is the proceeds of any violation or act that | ||||||
18 | constitutes a violation of subsection (b) of this Section | ||||||
19 | 33.1 of this Act . | ||||||
20 | (d) Property subject to forfeiture under this Act may be | ||||||
21 | seized under the Drug Asset Forfeiture Procedure Act. by the | ||||||
22 | Director of the Department of State Police or any peace officer | ||||||
23 | upon process or seizure warrant issued by any court having | ||||||
24 | jurisdiction over the property. Seizure by the Director of the | ||||||
25 | Department of State Police or any peace officer without process | ||||||
26 | may be made: |
| |||||||
| |||||||
1 | (1) if the seizure is incident to inspection under
an | ||||||
2 | administrative inspection warrant; | ||||||
3 | (2) if the property subject to seizure has been the
| ||||||
4 | subject of a prior judgment in favor of the State in a | ||||||
5 | criminal proceeding, or in an injunction or forfeiture | ||||||
6 | proceeding based upon this Act or the Drug Asset Forfeiture | ||||||
7 | Procedure Act; | ||||||
8 | (3) if there is probable cause to believe that the
| ||||||
9 | property is directly or indirectly dangerous to health or | ||||||
10 | safety; | ||||||
11 | (4) if there is probable cause to believe that the
| ||||||
12 | property is subject to forfeiture under this Act and the | ||||||
13 | property is seized under circumstances in which a | ||||||
14 | warrantless seizure or arrest would be reasonable; or | ||||||
15 | (5) in accordance with the Code of Criminal
Procedure | ||||||
16 | of 1963. | ||||||
17 | (e) (Blank). In the event of seizure pursuant to subsection | ||||||
18 | (c) of this Section, forfeiture proceedings shall be instituted | ||||||
19 | in accordance with the Drug Asset Forfeiture Procedure Act. | ||||||
20 | (f) (Blank). Property taken or detained under this Section | ||||||
21 | shall not be subject to replevin, but is deemed to be in the | ||||||
22 | custody of the Director of the Department of State Police | ||||||
23 | subject only to the order and judgments of the circuit court | ||||||
24 | having jurisdiction over the forfeiture proceedings and the | ||||||
25 | decisions of the State's Attorney under the Drug Asset | ||||||
26 | Forfeiture Procedure Act. If property is seized under this Act, |
| |||||||
| |||||||
1 | then the seizing agency shall promptly conduct an inventory of | ||||||
2 | the seized property and estimate the property's value, and | ||||||
3 | shall forward a copy of the inventory of seized property and | ||||||
4 | the estimate of the property's value to the Director of the | ||||||
5 | Department of State Police. Upon receiving notice of seizure, | ||||||
6 | the Secretary may: | ||||||
7 | (1) place the property under seal; | ||||||
8 | (2) remove the property to a place designated by the
| ||||||
9 | Secretary; | ||||||
10 | (3) keep the property in the possession of the
seizing | ||||||
11 | agency; | ||||||
12 | (4) remove the property to a storage area for
| ||||||
13 | safekeeping or, if the property is a negotiable instrument | ||||||
14 | or money and is not needed for evidentiary purposes, | ||||||
15 | deposit it in an interest bearing account; | ||||||
16 | (5) place the property under constructive seizure by
| ||||||
17 | posting notice of pending forfeiture on it, by giving | ||||||
18 | notice of pending forfeiture to its owners and interest | ||||||
19 | holders, or by filing notice of pending forfeiture in any | ||||||
20 | appropriate public record relating to the property; or | ||||||
21 | (6) provide for another agency or custodian,
including | ||||||
22 | an owner, secured party, or lienholder, to take custody of | ||||||
23 | the property upon the terms and conditions set by the | ||||||
24 | Director of the Department of State Police. | ||||||
25 | (g) If the Department suspends or revokes a registration, | ||||||
26 | all legend drugs owned or possessed by the registrant at the |
| |||||||
| |||||||
1 | time of suspension or the effective date of the revocation | ||||||
2 | order may be placed under seal. No disposition may be made of | ||||||
3 | substances under seal until the time for taking an appeal has | ||||||
4 | elapsed or until all appeals have been concluded unless a | ||||||
5 | court, upon application therefor, orders the sale of perishable | ||||||
6 | substances and the deposit of the proceeds of the sale with the | ||||||
7 | court. Upon a revocation rule becoming final, all substances | ||||||
8 | may be subject to seizure and forfeiture under the Drug Asset | ||||||
9 | Forfeiture Procedure Act forfeited to the Department . | ||||||
10 | (h) (Blank). If property is forfeited under this Act, then | ||||||
11 | the Director of the Department of State Police must sell all | ||||||
12 | such property unless such property is required by law to be | ||||||
13 | destroyed or is harmful to the public, and shall distribute the | ||||||
14 | proceeds of the sale, together with any moneys forfeited or | ||||||
15 | seized, in accordance with subsection (i) of this Section. Upon | ||||||
16 | the application of the seizing agency or prosecutor who was | ||||||
17 | responsible for the investigation, arrest or arrests, and | ||||||
18 | prosecution that led to the forfeiture, the Director of the | ||||||
19 | Department of State Police may return any item of forfeited | ||||||
20 | property to the seizing agency or prosecutor for official use | ||||||
21 | in the enforcement of laws if the agency or prosecutor can | ||||||
22 | demonstrate that the item requested would be useful to the | ||||||
23 | agency or prosecutor in their enforcement efforts. If any | ||||||
24 | forfeited conveyance, including an aircraft, vehicle, or | ||||||
25 | vessel, is returned to the seizing agency or prosecutor, then | ||||||
26 | the conveyance may be used immediately in the enforcement of |
| |||||||
| |||||||
1 | the criminal laws of the State. Upon disposal, all proceeds | ||||||
2 | from the sale of the conveyance must be used for drug | ||||||
3 | enforcement purposes. If any real property returned to the | ||||||
4 | seizing agency is sold by the agency or its unit of government, | ||||||
5 | then the proceeds of the sale shall be delivered to the | ||||||
6 | Director of the Department of State Police and distributed in | ||||||
7 | accordance with subsection (i) of this Section. | ||||||
8 | (i) (Blank). All moneys and the sale proceeds of all other | ||||||
9 | property forfeited and seized under this Act shall be | ||||||
10 | distributed as follows: | ||||||
11 | (1) 65% shall be distributed to the metropolitan
| ||||||
12 | enforcement group, local, municipal, county, or State law | ||||||
13 | enforcement agency or agencies which conducted or | ||||||
14 | participated in the investigation resulting in the | ||||||
15 | forfeiture. The distribution shall bear a reasonable | ||||||
16 | relationship to the degree of direct participation of the | ||||||
17 | law enforcement agency in the effort resulting in the | ||||||
18 | forfeiture, taking into account the total value of the | ||||||
19 | property forfeited and the total law enforcement effort | ||||||
20 | with respect to the violation of the law upon which the | ||||||
21 | forfeiture is based. Amounts distributed to the agency or | ||||||
22 | agencies shall be used for the enforcement of laws. | ||||||
23 | (2) 12.5% shall be distributed to the Office of
the | ||||||
24 | State's Attorney of the county in which the prosecution | ||||||
25 | resulting in the forfeiture was instituted, deposited in a | ||||||
26 | special fund in the county treasury and appropriated to the |
| |||||||
| |||||||
1 | State's Attorney for use in the enforcement of laws. In | ||||||
2 | counties over 3,000,000 population, 25% will be | ||||||
3 | distributed to the Office of the State's Attorney for use | ||||||
4 | in the enforcement of laws governing cannabis and | ||||||
5 | controlled substances. If the prosecution is undertaken | ||||||
6 | solely by the Attorney General, the portion provided | ||||||
7 | hereunder shall be distributed to the Attorney General for | ||||||
8 | use in the enforcement of laws. | ||||||
9 | (3) 12.5% shall be distributed to the Office of the
| ||||||
10 | State's Attorneys Appellate Prosecutor and deposited in a | ||||||
11 | separate fund of that office to be used for additional | ||||||
12 | expenses incurred in the investigation, prosecution and | ||||||
13 | appeal of cases. The Office of the State's Attorneys | ||||||
14 | Appellate Prosecutor shall not receive distribution from | ||||||
15 | cases brought in counties with over 3,000,000 population. | ||||||
16 | (4) 10% shall be retained by the Department of State
| ||||||
17 | Police for expenses related to the administration and sale | ||||||
18 | of seized and forfeited property. | ||||||
19 | (j) Contraband, including controlled substances possessed | ||||||
20 | without a prescription or other authorization under State or | ||||||
21 | federal law, is not subject to forfeiture. No property right | ||||||
22 | exists in contraband. Contraband is subject to seizure and | ||||||
23 | shall be disposed of according to State law.
| ||||||
24 | (Source: P.A. 96-573, eff. 8-18-09.) | ||||||
25 | Section 160. The Environmental Protection Act is amended by |
| |||||||
| |||||||
1 | changing Section 44.1 as follows:
| ||||||
2 | (415 ILCS 5/44.1) (from Ch. 111 1/2, par. 1044.1)
| ||||||
3 | Sec. 44.1.
(a) In addition to all other civil and criminal | ||||||
4 | penalties
provided by law, any person convicted of a criminal | ||||||
5 | violation of this Act
or the regulations adopted thereunder | ||||||
6 | shall forfeit to the State
(1) an amount equal to the value of | ||||||
7 | all profits earned, savings realized,
and benefits incurred as | ||||||
8 | a direct or indirect result of such violation, and
(2) any | ||||||
9 | vehicle or conveyance used in the perpetration of such | ||||||
10 | violation,
except as provided in subsection (b).
| ||||||
11 | (b) Forfeiture of conveyances shall be subject to the | ||||||
12 | following exceptions:
| ||||||
13 | (1) No conveyance used by any person as a common carrier in | ||||||
14 | the
transaction of business as a common carrier is subject to | ||||||
15 | forfeiture under
this Section unless it is proven that the | ||||||
16 | owner or other person in charge of
the conveyance consented to | ||||||
17 | or was privy to the covered violation.
| ||||||
18 | (2) No conveyance is subject to forfeiture under this | ||||||
19 | Section by reason
of any covered violation which the owner | ||||||
20 | proves to have been committed
without his knowledge or consent.
| ||||||
21 | (3) A forfeiture of a conveyance encumbered by a bona fide | ||||||
22 | security
interest is subject to the interest of the secured | ||||||
23 | party if he neither had
knowledge of nor consented to the | ||||||
24 | covered violation.
| ||||||
25 | (c) Except as provided in subsection (d), all property |
| |||||||
| |||||||
1 | subject to
forfeiture under this Section shall be seized | ||||||
2 | pursuant to the order of a circuit court.
| ||||||
3 | (d) Property subject to forfeiture under this Section may | ||||||
4 | be seized by
the Director or any peace officer without process:
| ||||||
5 | (1) if the seizure is incident to an inspection under an | ||||||
6 | administrative
inspection warrant, or incident to the | ||||||
7 | execution of a criminal search or arrest warrant;
| ||||||
8 | (2) if the property subject to seizure has been the subject | ||||||
9 | of a prior
judgment in favor of the State in a criminal | ||||||
10 | proceeding, or in an
injunction or forfeiture proceeding based | ||||||
11 | upon this Act; or
| ||||||
12 | (3) if there is probable cause to believe that the property | ||||||
13 | is directly
or indirectly dangerous to health or safety.
| ||||||
14 | (e) Property taken or detained under this Section shall not | ||||||
15 | be subject
to forcible entry and detainer or replevin, but is | ||||||
16 | deemed to be in the
custody of the Director subject only to the | ||||||
17 | order and judgments of the
circuit court having jurisdiction | ||||||
18 | over the forfeiture proceedings. When
property is seized under | ||||||
19 | this Act, the Director may:
| ||||||
20 | (1) place the property under seal;
| ||||||
21 | (2) secure the property or remove the property to a place | ||||||
22 | designated by him; or
| ||||||
23 | (3) require the sheriff of the county in which the seizure | ||||||
24 | occurs to
take custody of the property and secure or remove it | ||||||
25 | to an appropriate
location for disposition in accordance with | ||||||
26 | law.
|
| |||||||
| |||||||
1 | (f) All amounts forfeited under item (1) of subsection (a) | ||||||
2 | shall be
apportioned in the following manner:
| ||||||
3 | (1) 40% shall be deposited in the Hazardous Waste Fund | ||||||
4 | created in Section 22.2;
| ||||||
5 | (2) 60% 30% shall be deposited into the Asset Forfeiture | ||||||
6 | Proceeds Fund paid to the office of the Attorney General or the
| ||||||
7 | State's Attorney of the county in which the violation occurred, | ||||||
8 | whichever
brought and prosecuted the action ; and
| ||||||
9 | (3) (blank). 30% shall be paid to the law enforcement | ||||||
10 | agency which investigated the violation.
| ||||||
11 | Any funds received under this subsection (f) shall be used | ||||||
12 | solely for the
enforcement of the environmental protection laws | ||||||
13 | of this State.
| ||||||
14 | (g) When property is forfeited under this Section the court | ||||||
15 | may order:
| ||||||
16 | (1) (blank); that the property shall be made available for | ||||||
17 | the official use of
the Agency, the Office of the Attorney | ||||||
18 | General, the State's Attorney of the
county in which the | ||||||
19 | violation occurred, or the law enforcement
agency which | ||||||
20 | investigated the violation, to be used solely for the
| ||||||
21 | enforcement of the environmental protection laws of this State;
| ||||||
22 | (2) the sheriff of the county in which the forfeiture | ||||||
23 | occurs to
take custody of the property and remove it for | ||||||
24 | disposition in accordance with law; or
| ||||||
25 | (3) the sheriff of the county in which the forfeiture | ||||||
26 | occurs to sell
that which is not required to be destroyed by |
| |||||||
| |||||||
1 | law and which is not harmful
to the public. The proceeds of | ||||||
2 | such sale shall be used for payment of all
proper expenses of | ||||||
3 | the proceedings for forfeiture and sale, including
expenses of | ||||||
4 | seizure, maintenance of custody, advertising and court costs,
| ||||||
5 | and the balance, if any, shall be apportioned pursuant to | ||||||
6 | subsection (f). | ||||||
7 | (h) Property seized or forfeited under this Section is | ||||||
8 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
9 | Act.
| ||||||
10 | (Source: P.A. 85-487.)
| ||||||
11 | Section 165. The Herptiles-Herps Act is amended by changing | ||||||
12 | Section 105-55 as follows: | ||||||
13 | (510 ILCS 68/105-55)
| ||||||
14 | Sec. 105-55. Illegal collecting devices; public nuisance. | ||||||
15 | Every collecting device, including seines, nets, traps, | ||||||
16 | pillowcases, bags, snake hooks or tongs, or any electrical | ||||||
17 | device or any other devices including vehicles or conveyance, | ||||||
18 | watercraft, or aircraft used or operated illegally or attempted | ||||||
19 | to be used or operated illegally by any person in taking, | ||||||
20 | transporting, holding, or conveying any reptile or amphibian | ||||||
21 | life or any part of reptile or amphibian life, contrary to this | ||||||
22 | Act, including administrative rules, shall be deemed a public | ||||||
23 | nuisance and therefore illegal and subject to seizure and | ||||||
24 | confiscation by any authorized employee of the Department. Upon |
| |||||||
| |||||||
1 | the seizure of this item, the Department shall take and hold | ||||||
2 | the item until disposed of as provided in this Act. | ||||||
3 | Upon the seizure of any device because of its illegal use, | ||||||
4 | the officer or authorized employee of the Department making the | ||||||
5 | seizure shall, as soon as reasonably possible, cause a | ||||||
6 | complaint to be filed before the circuit court and a summons to | ||||||
7 | be issued requiring the owner or person in possession of the | ||||||
8 | property to appear in court and show cause why the device | ||||||
9 | seized should not be forfeited to the State. Upon the return of | ||||||
10 | the summons duly served or upon posting or publication of | ||||||
11 | notice as provided in this Act, the court shall proceed to | ||||||
12 | determine the question of the illegality of the use of the | ||||||
13 | seized property. Upon judgment being entered that the property | ||||||
14 | was illegally used, an order shall be entered providing for the | ||||||
15 | forfeiture of the seized property to the State. The owner of | ||||||
16 | the property may have a jury determine the illegality of its | ||||||
17 | use and shall have the right of an appeal as in other civil | ||||||
18 | cases. Confiscation or forfeiture shall not preclude or | ||||||
19 | mitigate against prosecution and assessment of penalties | ||||||
20 | provided in Article 90 of this Act. | ||||||
21 | Upon seizure of any property under circumstances | ||||||
22 | supporting a reasonable belief that the property was abandoned, | ||||||
23 | lost, stolen, or otherwise illegally possessed or used contrary | ||||||
24 | to this Act, except property seized during a search or arrest, | ||||||
25 | and ultimately returned, destroyed, or otherwise disposed of | ||||||
26 | under order of a court in accordance with this Act, the |
| |||||||
| |||||||
1 | authorized employee of the Department shall make reasonable | ||||||
2 | inquiry and efforts to identify and notify the owner or other | ||||||
3 | person entitled to possession of the property and shall return | ||||||
4 | the property after the person provides reasonable and | ||||||
5 | satisfactory proof of his or her ownership or right to | ||||||
6 | possession and reimburses the Department for all reasonable | ||||||
7 | expenses of custody. If the identity or location of the owner | ||||||
8 | or other person entitled to possession of the property has not | ||||||
9 | been ascertained within 6 months after the Department obtains | ||||||
10 | possession, the Department shall effectuate the sale of the | ||||||
11 | property for cash to the highest bidder at a public auction. | ||||||
12 | The owner or other person entitled to possession of the | ||||||
13 | property may claim and recover possession of the property at | ||||||
14 | any time before its sale at public auction upon providing | ||||||
15 | reasonable and satisfactory proof of ownership or right of | ||||||
16 | possession and reimbursing the Department for all reasonable | ||||||
17 | expenses of custody. | ||||||
18 | Any property forfeited to the State by court order under | ||||||
19 | this Section may be disposed of by public auction, except that | ||||||
20 | any property that is the subject of a court order shall not be | ||||||
21 | disposed of pending appeal of the order. The proceeds of the | ||||||
22 | sales at auction shall be deposited in the Wildlife and Fish | ||||||
23 | Fund. | ||||||
24 | The Department shall pay all costs of posting or | ||||||
25 | publication of notices required by this Section. | ||||||
26 | Property seized or forfeited under this Section is subject |
| |||||||
| |||||||
1 | to reporting under the Seizure and Forfeiture Reporting Act.
| ||||||
2 | (Source: P.A. 98-752, eff. 1-1-15 .) | ||||||
3 | Section 170. The Fish and Aquatic Life Code is amended by | ||||||
4 | changing Section 1-215 as follows:
| ||||||
5 | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
| ||||||
6 | Sec. 1-215. Illegal fishing devices; public nuisance. | ||||||
7 | Every fishing
device, including seines, nets, or traps, or any | ||||||
8 | electrical device or any
other devices, including vehicles, | ||||||
9 | watercraft, or aircraft, used or
operated illegally or | ||||||
10 | attempted to be used or operated illegally by any
person in | ||||||
11 | taking, transporting, holding, or conveying any aquatic life
| ||||||
12 | contrary to this Code, including administrative rules, shall be | ||||||
13 | deemed a
public nuisance and therefore illegal and subject to | ||||||
14 | seizure and
confiscation by any authorized employee of the | ||||||
15 | Department. Upon the
seizure of such an item the Department | ||||||
16 | shall take and hold the item until
disposed of as provided in | ||||||
17 | this Code.
| ||||||
18 | Upon the seizure of any device because of its illegal use, | ||||||
19 | the officer
or authorized employee of the Department making the | ||||||
20 | seizure shall, as soon
as reasonably possible, cause a | ||||||
21 | complaint to be filed before the Circuit
Court and a summons to | ||||||
22 | be issued requiring the owner or person in
possession of the | ||||||
23 | property to appear in court and show cause why the
device | ||||||
24 | seized should not be forfeited to the State. Upon the return of
|
| |||||||
| |||||||
1 | the summons duly served or upon posting or publication of | ||||||
2 | notice as provided
in this Code, the court shall proceed to | ||||||
3 | determine the question of the
illegality of the use of the | ||||||
4 | seized property. Upon judgment being entered
to the effect that | ||||||
5 | the property was illegally used, an order shall be
entered | ||||||
6 | providing for the forfeiture of the seized property to the | ||||||
7 | State.
The owner of the property, however, may have a jury | ||||||
8 | determine the
illegality of its use, and shall have the right | ||||||
9 | of an appeal as in other
civil cases. Confiscation or | ||||||
10 | forfeiture shall not preclude or mitigate
against prosecution | ||||||
11 | and assessment of penalties provided in Section 20-35
of this | ||||||
12 | Code.
| ||||||
13 | Upon seizure of any property under circumstances | ||||||
14 | supporting a
reasonable belief that the property was abandoned, | ||||||
15 | lost, stolen, or
otherwise illegally possessed or used contrary | ||||||
16 | to this
Code, except property seized during a search or arrest, | ||||||
17 | and ultimately
returned, destroyed, or otherwise disposed of | ||||||
18 | under order of a court
in accordance with this Code, the | ||||||
19 | authorized employee of the Department
shall make reasonable | ||||||
20 | inquiry and efforts to identify and notify the owner
or other | ||||||
21 | person entitled to possession of the property and shall return | ||||||
22 | the
property after the person provides reasonable and | ||||||
23 | satisfactory proof of
his or her ownership or right to | ||||||
24 | possession and reimburses the Department
for all reasonable | ||||||
25 | expenses of custody. If the identity or location of the
owner | ||||||
26 | or other person entitled to possession of the property has not |
| |||||||
| |||||||
1 | been
ascertained within 6 months after the Department obtains | ||||||
2 | possession, the
Department shall effectuate the sale of the | ||||||
3 | property for cash to the
highest bidder at a public auction. | ||||||
4 | The owner or other person entitled to
possession of the | ||||||
5 | property may claim and recover possession of the
property at | ||||||
6 | any time before its sale at public auction upon providing
| ||||||
7 | reasonable and satisfactory proof of ownership or right of | ||||||
8 | possession and
reimbursing the Department for all reasonable | ||||||
9 | expenses of custody.
| ||||||
10 | Any property forfeited to the State by court order under | ||||||
11 | this Section
may be disposed of by public auction, except that | ||||||
12 | any property that is
the subject of a court order shall not be | ||||||
13 | disposed of pending appeal
of the order. The proceeds of the | ||||||
14 | sales at auction shall be deposited in
the Wildlife and Fish | ||||||
15 | Fund.
| ||||||
16 | The Department shall pay all costs of posting or | ||||||
17 | publication of
notices required by this Section. | ||||||
18 | Property seized or forfeited under this Section is subject | ||||||
19 | to reporting under the Seizure and Forfeiture Reporting Act.
| ||||||
20 | (Source: P.A. 87-833.)
| ||||||
21 | Section 175. The Wildlife Code is amended by changing | ||||||
22 | Section 1.25 as follows:
| ||||||
23 | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
| ||||||
24 | Sec. 1.25.
Every hunting or trapping device, vehicle or |
| |||||||
| |||||||
1 | conveyance, when
used or operated illegally, or attempted to be | ||||||
2 | used or operated illegally
by any person in taking, | ||||||
3 | transporting, holding, or conveying any wild bird
or wild | ||||||
4 | mammal, contrary to the provisions of this Act, including | ||||||
5 | administrative
rules, is a public nuisance and subject to | ||||||
6 | seizure and confiscation by
any authorized employee of the | ||||||
7 | Department; upon the seizure of such item
the Department shall | ||||||
8 | take and hold the same until disposed of as hereinafter | ||||||
9 | provided.
| ||||||
10 | Upon the seizure of any property as herein provided, the | ||||||
11 | authorized employee
of the Department making such seizure shall | ||||||
12 | forthwith cause a complaint
to be filed before the Circuit | ||||||
13 | Court and a summons to be issued requiring
the person who | ||||||
14 | illegally used or operated or attempted to use or operate
such | ||||||
15 | property and the owner and person in possession of such | ||||||
16 | property to
appear in court and show cause why the property | ||||||
17 | seized should not be forfeited
to the State.
Upon the return of | ||||||
18 | the summons duly served or other notice as herein provided,
the | ||||||
19 | court shall proceed to determine the question of the illegality | ||||||
20 | of the
use of the seized property and upon judgment being | ||||||
21 | entered to the effect
that such property was illegally used, an | ||||||
22 | order may be entered providing
for the forfeiture of such | ||||||
23 | seized property to the Department and shall thereupon
become | ||||||
24 | the property of the Department; but the owner of such property | ||||||
25 | may
have a jury determine the illegality of its use, and shall | ||||||
26 | have the right
of an appeal, as in other cases. Such |
| |||||||
| |||||||
1 | confiscation or forfeiture
shall not preclude or mitigate | ||||||
2 | against prosecution and assessment of penalties
otherwise | ||||||
3 | provided in this Act.
| ||||||
4 | Upon seizure of any property under circumstances | ||||||
5 | supporting a
reasonable belief that such property was | ||||||
6 | abandoned, lost or stolen or
otherwise illegally possessed or | ||||||
7 | used contrary to the provisions of this
Act, except property | ||||||
8 | seized during a search or arrest, and ultimately
returned, | ||||||
9 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
10 | court
in accordance with this Act, the authorized employee of | ||||||
11 | the Department
shall make reasonable inquiry and efforts to | ||||||
12 | identify and notify the owner
or other person entitled to | ||||||
13 | possession thereof, and shall return the
property after such | ||||||
14 | person provides reasonable and satisfactory proof of
his | ||||||
15 | ownership or right to possession and reimburses the Department | ||||||
16 | for all
reasonable expenses of such custody. If the identity or | ||||||
17 | location of the
owner or other person entitled to possession of | ||||||
18 | the property has not been
ascertained within 6 months after the | ||||||
19 | Department obtains such possession,
the Department shall | ||||||
20 | effectuate the sale of the property for cash to the
highest | ||||||
21 | bidder at a public auction. The owner or other person entitled | ||||||
22 | to
possession of such property may claim and recover possession | ||||||
23 | of the
property at any time before its sale at public auction, | ||||||
24 | upon providing
reasonable and satisfactory proof of ownership | ||||||
25 | or right of possession and
reimbursing the Department for all | ||||||
26 | reasonable expenses of custody thereof.
|
| |||||||
| |||||||
1 | Any property, including guns, forfeited to the State by | ||||||
2 | court order pursuant
to this Section, may be disposed of by | ||||||
3 | public auction, except
that any property which is the subject | ||||||
4 | of such a court order shall not be
disposed of pending appeal | ||||||
5 | of the order. The proceeds of the sales at auction
shall be | ||||||
6 | deposited in the Wildlife and Fish Fund.
| ||||||
7 | The Department shall pay all costs of notices required by | ||||||
8 | this Section. | ||||||
9 | Property seized or forfeited under this Section is subject | ||||||
10 | to reporting under the Seizure and Forfeiture Reporting Act.
| ||||||
11 | (Source: P.A. 85-152.)
| ||||||
12 | Section 180. The Criminal Code of 2012 is amended by | ||||||
13 | changing Sections 17-10.6, 28-5, 29B-1, 33G-6, 36-1, 36-1.5, | ||||||
14 | 36-2, 36-3, and 47-15 and by adding Sections 29B-1.1, 29B-1.5, | ||||||
15 | 29B-2, 29B-3, 29B-4, 29B-5, 29B-6, 29B-7, 29B-8, 29B-9, 29B-10, | ||||||
16 | 29B-11, 29B-12, 29B-13, 29B-14, 29B-15, 29B-16, 29B-17, | ||||||
17 | 29B-18, 29B-19, 29B-20, 29B-21, 29B-22, 36-1.1, 36-1.2, | ||||||
18 | 36-1.3, 36-1.4, 36-1.6, 36-2.1, 36-3.1, 36-3.2, 36-6, 36-7, | ||||||
19 | 36-8, and 36-9 as follows: | ||||||
20 | (720 ILCS 5/17-10.6) | ||||||
21 | Sec. 17-10.6. Financial institution fraud. | ||||||
22 | (a) Misappropriation of financial institution property. A | ||||||
23 | person commits misappropriation of a financial institution's | ||||||
24 | property whenever he or she knowingly obtains or exerts |
| |||||||
| |||||||
1 | unauthorized control over any of the moneys, funds, credits, | ||||||
2 | assets, securities, or other property owned by or under the | ||||||
3 | custody or control of a financial institution, or under the | ||||||
4 | custody or care of any agent, officer, director, or employee of | ||||||
5 | such financial institution. | ||||||
6 | (b) Commercial bribery of a financial institution. | ||||||
7 | (1) A person commits commercial bribery of a financial | ||||||
8 | institution when he or she knowingly confers or offers or | ||||||
9 | agrees to confer any benefit upon any employee, agent, or | ||||||
10 | fiduciary without the consent of the latter's employer or | ||||||
11 | principal, with the intent to influence his or her conduct | ||||||
12 | in relation to his or her employer's or principal's | ||||||
13 | affairs. | ||||||
14 | (2) An employee, agent, or fiduciary of a financial | ||||||
15 | institution commits commercial bribery of a financial | ||||||
16 | institution when, without the consent of his or her | ||||||
17 | employer or principal, he or she knowingly solicits, | ||||||
18 | accepts, or agrees to accept any benefit from another | ||||||
19 | person upon an agreement or understanding that such benefit | ||||||
20 | will influence his or her conduct in relation to his or her | ||||||
21 | employer's or principal's affairs. | ||||||
22 | (c) Financial institution fraud. A person commits | ||||||
23 | financial institution fraud when he or she knowingly executes | ||||||
24 | or attempts to execute a scheme or artifice: | ||||||
25 | (1) to defraud a financial institution; or | ||||||
26 | (2) to obtain any of the moneys, funds, credits, |
| |||||||
| |||||||
1 | assets, securities, or other property owned by or under the | ||||||
2 | custody or control of a financial institution, by means of | ||||||
3 | pretenses, representations, or promises he or she knows to | ||||||
4 | be false. | ||||||
5 | (d) Loan fraud. A person commits loan fraud when he or she | ||||||
6 | knowingly, with intent to defraud, makes any false statement or | ||||||
7 | report, or overvalues any land, property, or security, with the | ||||||
8 | intent to influence in any way the action of a financial | ||||||
9 | institution to act upon any application, advance, discount, | ||||||
10 | purchase, purchase agreement, repurchase agreement, | ||||||
11 | commitment, or loan, or any change or extension of any of the | ||||||
12 | same, by renewal, deferment of action, or otherwise, or the | ||||||
13 | acceptance, release, or substitution of security. | ||||||
14 | (e) Concealment of collateral. A person commits | ||||||
15 | concealment of collateral when he or she, with intent to | ||||||
16 | defraud, knowingly conceals, removes, disposes of, or converts | ||||||
17 | to the person's own use or to that of another any property | ||||||
18 | mortgaged or pledged to or held by a financial institution. | ||||||
19 | (f) Financial institution robbery. A person commits | ||||||
20 | robbery when he or she knowingly, by force or threat of force, | ||||||
21 | or by intimidation, takes, or attempts to take, from the person | ||||||
22 | or presence of another, or obtains or attempts to obtain by | ||||||
23 | extortion, any property or money or any other thing of value | ||||||
24 | belonging to, or in the care, custody, control, management, or | ||||||
25 | possession of, a financial institution. | ||||||
26 | (g) Conspiracy to commit a financial crime. |
| |||||||
| |||||||
1 | (1) A person commits conspiracy to commit a financial | ||||||
2 | crime when, with the intent that any violation of this | ||||||
3 | Section be committed, he or she agrees with another person | ||||||
4 | to the commission of that offense. | ||||||
5 | (2) No person may be convicted of conspiracy to commit | ||||||
6 | a financial crime unless an overt act or acts in | ||||||
7 | furtherance of the agreement is alleged and proved to have | ||||||
8 | been committed by that person or by a co-conspirator and | ||||||
9 | the accused is a part of a common scheme or plan to engage | ||||||
10 | in the unlawful activity. | ||||||
11 | (3) It shall not be a defense to conspiracy to commit a | ||||||
12 | financial crime that the person or persons with whom the | ||||||
13 | accused is alleged to have conspired: | ||||||
14 | (A) has not been prosecuted or convicted; | ||||||
15 | (B) has been convicted of a different offense; | ||||||
16 | (C) is not amenable to justice; | ||||||
17 | (D) has been acquitted; or | ||||||
18 | (E) lacked the capacity to commit the offense. | ||||||
19 | (h) Continuing financial crimes enterprise. A person | ||||||
20 | commits a continuing financial crimes enterprise when he or she | ||||||
21 | knowingly, within an 18-month period, commits 3 or more | ||||||
22 | separate offenses constituting any combination of the | ||||||
23 | following: | ||||||
24 | (1) an offense under this Section; | ||||||
25 | (2) a felony offense in violation of Section 16A-3 or | ||||||
26 | subsection (a) of Section 16-25 or paragraph (4) or (5) of |
| |||||||
| |||||||
1 | subsection (a) of Section 16-1 of this Code for the purpose | ||||||
2 | of reselling or otherwise re-entering the merchandise in | ||||||
3 | commerce, including conveying the merchandise to a | ||||||
4 | merchant in exchange for anything of value; or | ||||||
5 | (3) if involving a financial institution, any other | ||||||
6 | felony offense under this Code. | ||||||
7 | (i) Organizer of a continuing financial crimes enterprise. | ||||||
8 | (1) A person commits being an organizer of a continuing | ||||||
9 | financial crimes enterprise when he or she: | ||||||
10 | (A) with the intent to commit any offense, agrees | ||||||
11 | with another person to the commission of any | ||||||
12 | combination of the following offenses on 3 or
more | ||||||
13 | separate occasions within an 18-month period: | ||||||
14 | (i) an offense under this Section; | ||||||
15 | (ii) a felony offense in violation of Section | ||||||
16 | 16A-3 or subsection (a) of Section 16-25 or | ||||||
17 | paragraph (4) or (5) of subsection (a) of Section | ||||||
18 | 16-1 of this Code for the purpose of reselling or | ||||||
19 | otherwise re-entering the merchandise in commerce, | ||||||
20 | including conveying the merchandise to a merchant | ||||||
21 | in exchange for anything of value; or | ||||||
22 | (iii) if involving a financial institution, | ||||||
23 | any other felony offense under this Code; and | ||||||
24 | (B) with respect to the other persons within the | ||||||
25 | conspiracy, occupies a position of organizer, | ||||||
26 | supervisor, or financier or other position of |
| |||||||
| |||||||
1 | management. | ||||||
2 | (2) The person with whom the accused agreed to commit | ||||||
3 | the 3 or more offenses under this Section, or, if involving | ||||||
4 | a financial institution, any other felony offenses under | ||||||
5 | this Code, need not be the same person or persons for each | ||||||
6 | offense, as long as the accused was a part of the common | ||||||
7 | scheme or plan to engage in each of the 3 or more alleged | ||||||
8 | offenses. | ||||||
9 | (j) Sentence. | ||||||
10 | (1) Except as otherwise provided in this subsection, a | ||||||
11 | violation of this Section, the full value of which: | ||||||
12 | (A) does not exceed $500, is a Class A misdemeanor; | ||||||
13 | (B) does not exceed $500, and the person has been | ||||||
14 | previously convicted of a financial crime or any type | ||||||
15 | of theft, robbery, armed robbery, burglary, | ||||||
16 | residential burglary, possession of burglary tools, or | ||||||
17 | home invasion, is guilty of a Class 4 felony; | ||||||
18 | (C) exceeds $500 but does not exceed $10,000, is a | ||||||
19 | Class 3 felony; | ||||||
20 | (D) exceeds $10,000 but does not exceed $100,000, | ||||||
21 | is a Class 2 felony; | ||||||
22 | (E) exceeds $100,000 but does not exceed $500,000, | ||||||
23 | is a Class 1 felony; | ||||||
24 | (F) exceeds $500,000 but does not exceed | ||||||
25 | $1,000,000, is a Class 1 non-probationable felony; | ||||||
26 | when a charge of financial crime, the full value of |
| |||||||
| |||||||
1 | which exceeds $500,000 but does not exceed $1,000,000, | ||||||
2 | is brought, the value of the financial crime involved | ||||||
3 | is an element of the offense to be resolved by the | ||||||
4 | trier of fact as either exceeding or not exceeding | ||||||
5 | $500,000; | ||||||
6 | (G) exceeds $1,000,000, is a Class X felony; when a | ||||||
7 | charge of financial crime, the full value of which | ||||||
8 | exceeds $1,000,000, is brought, the value of the | ||||||
9 | financial crime involved is an element of the offense | ||||||
10 | to be resolved by the trier of fact as either exceeding | ||||||
11 | or not exceeding $1,000,000. | ||||||
12 | (2) A violation of subsection (f) is a Class 1 felony. | ||||||
13 | (3) A violation of subsection (h) is a Class 1 felony. | ||||||
14 | (4) A violation for subsection (i) is a Class X felony. | ||||||
15 | (k) A "financial crime" means an offense described in this | ||||||
16 | Section. | ||||||
17 | (l) Period of limitations. The period of limitations for | ||||||
18 | prosecution of any offense defined in this Section begins at | ||||||
19 | the time when the last act in furtherance of the offense is | ||||||
20 | committed.
| ||||||
21 | (m) Forfeiture. Any violation of subdivision (2) of | ||||||
22 | subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to | ||||||
23 | the remedies, procedures, and forfeiture as set forth in | ||||||
24 | Sections 1.1 through 21 of Article 29B subsections (f) through | ||||||
25 | (s) of Section 29B-1 of this Code. Property seized or forfeited | ||||||
26 | under this Section is subject to reporting under the Seizure |
| |||||||
| |||||||
1 | and Forfeiture Reporting Act. | ||||||
2 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532, | ||||||
3 | eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
4 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
5 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
6 | (a) Every device designed for gambling which is incapable | ||||||
7 | of lawful use
or every device used unlawfully for gambling | ||||||
8 | shall be considered a
"gambling device", and shall be subject | ||||||
9 | to seizure, confiscation and
destruction by the Department of | ||||||
10 | State Police or by any municipal, or other
local authority, | ||||||
11 | within whose jurisdiction the same may be found. As used
in | ||||||
12 | this Section, a "gambling device" includes any slot machine, | ||||||
13 | and
includes any machine or device constructed for the | ||||||
14 | reception of money or
other thing of value and so constructed | ||||||
15 | as to return, or to cause someone
to return, on chance to the | ||||||
16 | player thereof money, property or a right to
receive money or | ||||||
17 | property. With the exception of any device designed for
| ||||||
18 | gambling which is incapable of lawful use, no gambling device | ||||||
19 | shall be
forfeited or destroyed unless an individual with a | ||||||
20 | property interest in
said device knows of the unlawful use of | ||||||
21 | the device.
| ||||||
22 | (b) Every gambling device shall be seized and forfeited to | ||||||
23 | the State county
wherein such seizure occurs . Any money or | ||||||
24 | other thing of value integrally
related to acts of gambling | ||||||
25 | shall be seized and forfeited to the State county
wherein such |
| |||||||
| |||||||
1 | seizure occurs .
| ||||||
2 | (c) If, within 60 days after any seizure pursuant to | ||||||
3 | subparagraph
(b) of this Section, a person having any property | ||||||
4 | interest in the seized
property is charged with an offense, the | ||||||
5 | court which renders judgment
upon such charge shall, within 30 | ||||||
6 | days after such judgment, conduct a
forfeiture hearing to | ||||||
7 | determine whether such property was a gambling device
at the | ||||||
8 | time of seizure. Such hearing shall be commenced by a written
| ||||||
9 | petition by the State, including material allegations of fact, | ||||||
10 | the name
and address of every person determined by the State to | ||||||
11 | have any property
interest in the seized property, a | ||||||
12 | representation that written notice of
the date, time and place | ||||||
13 | of such hearing has been mailed to every such
person by | ||||||
14 | certified mail at least 10 days before such date, and a
request | ||||||
15 | for forfeiture. Every such person may appear as a party and
| ||||||
16 | present evidence at such hearing. The quantum of proof required | ||||||
17 | shall
be a preponderance of the evidence, and the burden of | ||||||
18 | proof shall be on
the State. If the court determines that the | ||||||
19 | seized property was
a gambling device at the time of seizure, | ||||||
20 | an order of forfeiture and
disposition of the seized property | ||||||
21 | shall be entered: a gambling device
shall be received by the | ||||||
22 | State's Attorney, who shall effect its
destruction, except that | ||||||
23 | valuable parts thereof may be liquidated and
the resultant | ||||||
24 | money shall be deposited into the Asset Forfeiture Proceeds | ||||||
25 | Fund in the general fund of the county
wherein such seizure | ||||||
26 | occurred ; money and other things of value shall be
received by |
| |||||||
| |||||||
1 | the State's Attorney and, upon liquidation, shall be
deposited | ||||||
2 | into the Asset Forfeiture Proceeds Fund in the general fund of | ||||||
3 | the county wherein such seizure
occurred . However, in the event | ||||||
4 | that a defendant raises the defense
that the seized slot | ||||||
5 | machine is an antique slot machine described in
subparagraph | ||||||
6 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
7 | from the charge of a gambling activity participant, the seized
| ||||||
8 | antique slot machine shall not be destroyed or otherwise | ||||||
9 | altered until a
final determination is made by the Court as to | ||||||
10 | whether it is such an
antique slot machine. Upon a final | ||||||
11 | determination by the Court of this
question in favor of the | ||||||
12 | defendant, such slot machine shall be
immediately returned to | ||||||
13 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
14 | for the purposes of appeal, be a final order and
judgment in a | ||||||
15 | civil proceeding.
| ||||||
16 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
17 | Section is not
followed by a charge pursuant to subparagraph | ||||||
18 | (c) of this Section, or if
the prosecution of such charge is | ||||||
19 | permanently terminated or indefinitely
discontinued without | ||||||
20 | any judgment of conviction or acquittal (1) the
State's | ||||||
21 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
22 | and destruction of a gambling device, or for the forfeiture and | ||||||
23 | deposit
into the Asset Forfeiture Proceeds Fund in the general | ||||||
24 | fund of the county of any seized money or other things of
| ||||||
25 | value, or both, in the circuit court and (2) any person having | ||||||
26 | any
property interest in such seized gambling device, money or |
| |||||||
| |||||||
1 | other thing
of value may commence separate civil proceedings in | ||||||
2 | the manner provided
by law.
| ||||||
3 | (e) Any gambling device displayed for sale to a riverboat | ||||||
4 | gambling
operation or used to train occupational licensees of a | ||||||
5 | riverboat gambling
operation as authorized under the Riverboat | ||||||
6 | Gambling Act is exempt from
seizure under this Section.
| ||||||
7 | (f) Any gambling equipment, devices and supplies provided | ||||||
8 | by a licensed
supplier in accordance with the Riverboat | ||||||
9 | Gambling Act which are removed
from the riverboat for repair | ||||||
10 | are exempt from seizure under this Section.
| ||||||
11 | (g) The following video gaming terminals are exempt from | ||||||
12 | seizure under this Section: | ||||||
13 | (1) Video gaming terminals for sale to a licensed | ||||||
14 | distributor or operator under the Video Gaming Act. | ||||||
15 | (2) Video gaming terminals used to train licensed | ||||||
16 | technicians or licensed terminal handlers. | ||||||
17 | (3) Video gaming terminals that are removed from a | ||||||
18 | licensed establishment, licensed truck stop establishment,
| ||||||
19 | licensed
fraternal establishment, or licensed veterans | ||||||
20 | establishment for repair. | ||||||
21 | (h) Property seized or forfeited under this Section is | ||||||
22 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
23 | Act. | ||||||
24 | (Source: P.A. 98-31, eff. 6-24-13.)
| ||||||
25 | (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
|
| |||||||
| |||||||
1 | Sec. 29B-1. (a) A person commits the offense of money | ||||||
2 | laundering:
| ||||||
3 | (1) when, knowing that the property involved in a | ||||||
4 | financial transaction represents the proceeds of some form | ||||||
5 | of unlawful activity, he or she conducts or attempts to | ||||||
6 | conduct such a financial transaction which in fact involves | ||||||
7 | criminally derived property: | ||||||
8 | (A) with the intent to promote the carrying on of | ||||||
9 | the unlawful activity from which the criminally | ||||||
10 | derived property was obtained; or | ||||||
11 | (B) where he or she knows or reasonably should know | ||||||
12 | that the financial transaction is designed in whole or | ||||||
13 | in part: | ||||||
14 | (i) to conceal or disguise the nature, the | ||||||
15 | location, the source, the ownership or the control | ||||||
16 | of the criminally derived property; or | ||||||
17 | (ii) to avoid a transaction reporting | ||||||
18 | requirement under State law; or | ||||||
19 | (1.5) when he or she transports, transmits, or | ||||||
20 | transfers, or attempts to transport, transmit, or transfer | ||||||
21 | a monetary instrument: | ||||||
22 | (A) with the intent to promote the carrying on of | ||||||
23 | the unlawful activity from which the criminally | ||||||
24 | derived property was obtained; or | ||||||
25 | (B) knowing, or having reason to know, that the | ||||||
26 | financial transaction is designed in whole or in part: |
| |||||||
| |||||||
1 | (i) to conceal or disguise the nature, the | ||||||
2 | location, the source, the ownership or the control | ||||||
3 | of the criminally derived property; or | ||||||
4 | (ii) to avoid a transaction reporting | ||||||
5 | requirement under State law;
or
| ||||||
6 | (2) when, with the intent to:
| ||||||
7 | (A) promote the carrying on of a specified criminal | ||||||
8 | activity as defined
in this Article; or
| ||||||
9 | (B) conceal or disguise the nature, location, | ||||||
10 | source, ownership, or
control of property believed to | ||||||
11 | be the proceeds of a specified criminal
activity as | ||||||
12 | defined by subdivision (b)(6); or | ||||||
13 | (C) avoid a transaction reporting requirement | ||||||
14 | under State law,
| ||||||
15 | he or she conducts or attempts to conduct a financial | ||||||
16 | transaction
involving property he or she believes to be the | ||||||
17 | proceeds of specified criminal
activity as defined by | ||||||
18 | subdivision (b)(6) or property used to conduct or
| ||||||
19 | facilitate specified criminal activity as defined by | ||||||
20 | subdivision (b)(6).
| ||||||
21 | (b) As used in this Section:
| ||||||
22 | (0.5) "Knowing that the property involved in a | ||||||
23 | financial transaction represents the proceeds of some form | ||||||
24 | of unlawful activity" means that the person knew the | ||||||
25 | property involved in the transaction represented proceeds | ||||||
26 | from some form, though not necessarily which form, of |
| |||||||
| |||||||
1 | activity that constitutes a felony under State, federal, or | ||||||
2 | foreign law.
| ||||||
3 | (1) "Financial transaction" means a purchase, sale, | ||||||
4 | loan, pledge, gift,
transfer, delivery or other | ||||||
5 | disposition utilizing criminally derived property,
and | ||||||
6 | with respect to financial institutions, includes a | ||||||
7 | deposit, withdrawal,
transfer between accounts, exchange | ||||||
8 | of currency, loan, extension of credit,
purchase or sale of | ||||||
9 | any stock, bond, certificate of deposit or other monetary
| ||||||
10 | instrument, use of safe deposit box, or any other payment, | ||||||
11 | transfer or delivery by, through, or to a
financial | ||||||
12 | institution.
For purposes of clause (a)(2) of this Section, | ||||||
13 | the term "financial
transaction" also
means a transaction | ||||||
14 | which without regard to whether the funds, monetary
| ||||||
15 | instruments, or real or personal property involved in the | ||||||
16 | transaction are
criminally derived, any transaction which | ||||||
17 | in any way or degree: (1) involves
the movement of funds by | ||||||
18 | wire or any other means; (2) involves one or more
monetary | ||||||
19 | instruments; or (3) the transfer of title to any real or | ||||||
20 | personal
property.
The receipt by an attorney of bona fide | ||||||
21 | fees for the purpose
of legal representation is not a | ||||||
22 | financial transaction for purposes of this
Section.
| ||||||
23 | (2) "Financial institution" means any bank; saving and | ||||||
24 | loan
association; trust company; agency or branch of a | ||||||
25 | foreign bank in the
United States; currency exchange; | ||||||
26 | credit union, mortgage banking
institution; pawnbroker; |
| |||||||
| |||||||
1 | loan or finance company; operator of a credit card
system; | ||||||
2 | issuer, redeemer or cashier of travelers checks, checks or | ||||||
3 | money
orders; dealer in precious metals, stones or jewels; | ||||||
4 | broker or dealer in
securities or commodities; investment | ||||||
5 | banker; or investment company.
| ||||||
6 | (3) "Monetary instrument" means United States coins | ||||||
7 | and currency;
coins and currency of a foreign country; | ||||||
8 | travelers checks; personal checks,
bank checks, and money | ||||||
9 | orders; investment securities; bearer
negotiable | ||||||
10 | instruments; bearer investment securities; or bearer | ||||||
11 | securities
and certificates of stock in such form that | ||||||
12 | title thereto passes upon
delivery.
| ||||||
13 | (4) "Criminally derived property" means: (A) any | ||||||
14 | property, real or personal, constituting
or
derived from | ||||||
15 | proceeds obtained, directly or indirectly, from activity | ||||||
16 | that constitutes a felony under State, federal, or foreign | ||||||
17 | law; or (B) any property
represented to be property | ||||||
18 | constituting or derived from proceeds obtained,
directly | ||||||
19 | or indirectly, from activity that constitutes a felony | ||||||
20 | under State, federal, or foreign law.
| ||||||
21 | (5) "Conduct" or "conducts" includes, in addition to | ||||||
22 | its ordinary
meaning, initiating, concluding, or | ||||||
23 | participating in initiating or concluding
a transaction.
| ||||||
24 | (6) "Specified criminal activity" means any violation | ||||||
25 | of Section 29D-15.1
(720 ILCS 5/29D-15.1) and any violation | ||||||
26 | of Article 29D of this Code.
|
| |||||||
| |||||||
1 | (7) "Director" means the Director of State Police or | ||||||
2 | his or her designated agents. | ||||||
3 | (8) "Department" means the Department of State Police | ||||||
4 | of the State of Illinois or its successor agency.
| ||||||
5 | (9) "Transaction reporting requirement under State | ||||||
6 | law" means any violation as defined under the Currency | ||||||
7 | Reporting Act.
| ||||||
8 | (c) Sentence.
| ||||||
9 | (1) Laundering of criminally derived property of a | ||||||
10 | value not exceeding
$10,000 is a Class 3 felony;
| ||||||
11 | (2) Laundering of criminally derived property of a | ||||||
12 | value exceeding
$10,000 but not exceeding $100,000 is a | ||||||
13 | Class 2 felony;
| ||||||
14 | (3) Laundering of criminally derived property of a | ||||||
15 | value exceeding
$100,000 but not exceeding $500,000 is a | ||||||
16 | Class 1 felony;
| ||||||
17 | (4) Money laundering in violation of subsection (a)(2) | ||||||
18 | of this Section
is a Class X felony;
| ||||||
19 | (5) Laundering of criminally derived property of a | ||||||
20 | value exceeding
$500,000 is a
Class 1 non-probationable | ||||||
21 | felony;
| ||||||
22 | (6) In a prosecution under clause (a)(1.5)(B)(ii) of | ||||||
23 | this Section, the sentences are as follows: | ||||||
24 | (A) Laundering of property of a value not exceeding | ||||||
25 | $10,000 is a Class 3 felony; | ||||||
26 | (B) Laundering of property of a value exceeding |
| |||||||
| |||||||
1 | $10,000 but not exceeding $100,000 is a Class 2 felony; | ||||||
2 | (C) Laundering of property of a value exceeding | ||||||
3 | $100,000 but not exceeding $500,000 is a Class 1 | ||||||
4 | felony; | ||||||
5 | (D) Laundering of property of a value exceeding | ||||||
6 | $500,000 is a Class 1 non-probationable felony. | ||||||
7 | (d) Evidence. In a prosecution under this Article, either | ||||||
8 | party may introduce the following evidence pertaining to the | ||||||
9 | issue of whether the property or proceeds were known to be some | ||||||
10 | form of criminally derived property or from some form of | ||||||
11 | unlawful activity: | ||||||
12 | (1) A financial transaction was conducted or | ||||||
13 | structured or attempted in violation of the reporting | ||||||
14 | requirements of any State or federal law; or | ||||||
15 | (2) A financial transaction was conducted or attempted | ||||||
16 | with the use of a false or fictitious name or a forged | ||||||
17 | instrument; or | ||||||
18 | (3) A falsely altered or completed written instrument | ||||||
19 | or a written instrument that contains any materially false | ||||||
20 | personal identifying information was made, used, offered | ||||||
21 | or presented, whether accepted or not, in connection with a | ||||||
22 | financial transaction; or | ||||||
23 | (4) A financial transaction was structured or | ||||||
24 | attempted to be structured so as to falsely report the | ||||||
25 | actual consideration or value of the transaction; or | ||||||
26 | (5) A money transmitter, a person engaged in a trade or |
| |||||||
| |||||||
1 | business or any employee of a money transmitter or a person | ||||||
2 | engaged in a trade or business, knows or reasonably should | ||||||
3 | know that false personal identifying information has been | ||||||
4 | presented and incorporates the false personal identifying | ||||||
5 | information into any report or record; or | ||||||
6 | (6) The criminally derived property is transported or | ||||||
7 | possessed in a fashion inconsistent with the ordinary or | ||||||
8 | usual means of transportation or possession of such | ||||||
9 | property and where the property is discovered in the | ||||||
10 | absence of any documentation or other indicia of legitimate | ||||||
11 | origin or right to such property; or | ||||||
12 | (7) A person pays or receives substantially less than | ||||||
13 | face value for one or more monetary instruments; or | ||||||
14 | (8) A person engages in a transaction involving one or | ||||||
15 | more monetary instruments, where the physical condition or | ||||||
16 | form of the monetary instrument or instruments makes it | ||||||
17 | apparent that they are not the product of bona fide | ||||||
18 | business or financial transactions. | ||||||
19 | (e) Duty to enforce this Article. | ||||||
20 | (1) It is the duty of the Department of State Police, | ||||||
21 | and its agents, officers, and investigators, to enforce all | ||||||
22 | provisions of this Article, except those specifically | ||||||
23 | delegated, and to cooperate with all agencies charged with | ||||||
24 | the enforcement of the laws of the United States, or of any | ||||||
25 | state, relating to money laundering. Only an agent, | ||||||
26 | officer, or investigator designated by the Director may be |
| |||||||
| |||||||
1 | authorized in accordance with this Section to serve seizure | ||||||
2 | notices, warrants, subpoenas, and summonses under the | ||||||
3 | authority of this State. | ||||||
4 | (2) Any agent, officer, investigator, or peace officer | ||||||
5 | designated by the Director may: (A) make seizure of | ||||||
6 | property pursuant to the provisions of this Article; and | ||||||
7 | (B) perform such other law enforcement duties as the | ||||||
8 | Director designates. It is the duty of all State's | ||||||
9 | Attorneys to prosecute violations of this Article and | ||||||
10 | institute legal proceedings as authorized under this | ||||||
11 | Article. | ||||||
12 | (f) (Blank). Protective orders. | ||||||
13 | (1) Upon application of the State, the court may enter | ||||||
14 | a restraining order or injunction, require the execution of | ||||||
15 | a satisfactory performance bond, or take any other action | ||||||
16 | to preserve the availability of property described in | ||||||
17 | subsection (h) for forfeiture under this Article: | ||||||
18 | (A) upon the filing of an indictment, information, | ||||||
19 | or complaint charging a violation of this Article for | ||||||
20 | which forfeiture may be ordered under this Article and | ||||||
21 | alleging that the property with respect to which the | ||||||
22 | order is sought would be subject to forfeiture under | ||||||
23 | this Article; or
| ||||||
24 | (B) prior to the filing of such an indictment, | ||||||
25 | information, or complaint, if, after notice to persons | ||||||
26 | appearing to have an interest in the property and |
| |||||||
| |||||||
1 | opportunity for a hearing, the court determines that: | ||||||
2 | (i) there is probable cause to believe that the | ||||||
3 | State will prevail on the issue of forfeiture and | ||||||
4 | that failure to enter the order will result in the | ||||||
5 | property being destroyed, removed from the | ||||||
6 | jurisdiction of the court, or otherwise made | ||||||
7 | unavailable for forfeiture; and | ||||||
8 | (ii) the need to preserve the availability of | ||||||
9 | the property through the entry of the requested | ||||||
10 | order outweighs the hardship on any party against | ||||||
11 | whom the order is to be entered. | ||||||
12 | Provided, however, that an order entered pursuant | ||||||
13 | to subparagraph (B) shall be effective for not more | ||||||
14 | than 90 days, unless extended by the court for good | ||||||
15 | cause shown or unless an indictment, information, | ||||||
16 | complaint, or administrative notice has been filed. | ||||||
17 | (2) A temporary restraining order under this | ||||||
18 | subsection may be entered upon application of the State | ||||||
19 | without notice or opportunity for a hearing when an | ||||||
20 | indictment, information, complaint, or administrative | ||||||
21 | notice has not yet been filed with respect to the property, | ||||||
22 | if the State demonstrates that there is probable cause to | ||||||
23 | believe that the property with respect to which the order | ||||||
24 | is sought would be subject to forfeiture under this Section | ||||||
25 | and that provision of notice will jeopardize the | ||||||
26 | availability of the property for forfeiture. Such a |
| |||||||
| |||||||
1 | temporary order shall expire not more than 30 days after | ||||||
2 | the date on which it is entered, unless extended for good | ||||||
3 | cause shown or unless the party against whom it is entered | ||||||
4 | consents to an extension for a longer period. A hearing | ||||||
5 | requested concerning an order entered under this paragraph | ||||||
6 | shall be held at the earliest possible time and prior to | ||||||
7 | the expiration of the temporary order. | ||||||
8 | (3) The court may receive and consider, at a hearing | ||||||
9 | held pursuant to this subsection (f), evidence and | ||||||
10 | information that would be inadmissible under the Illinois | ||||||
11 | rules of evidence.
| ||||||
12 | (4) Order to repatriate and deposit. | ||||||
13 | (A) In general. Pursuant to its authority to enter | ||||||
14 | a pretrial restraining order under this Section, the | ||||||
15 | court may order a defendant to repatriate any property | ||||||
16 | that may be seized and forfeited and to deposit that | ||||||
17 | property pending trial with the Illinois State Police | ||||||
18 | or another law enforcement agency designated by the | ||||||
19 | Illinois State Police. | ||||||
20 | (B) Failure to comply. Failure to comply with an | ||||||
21 | order under this subsection (f) is punishable as a | ||||||
22 | civil or criminal contempt of court.
| ||||||
23 | (g) (Blank). Warrant of seizure. The State may request the | ||||||
24 | issuance of a warrant authorizing the seizure of property | ||||||
25 | described in subsection (h) in the same manner as provided for | ||||||
26 | a search warrant. If the court determines that there is |
| |||||||
| |||||||
1 | probable cause to believe that the property to be seized would | ||||||
2 | be subject to forfeiture, the court shall issue a warrant | ||||||
3 | authorizing the seizure of such property. | ||||||
4 | (h) (Blank). Forfeiture. | ||||||
5 | (1) The following are subject to forfeiture: | ||||||
6 | (A) any property, real or personal, constituting, | ||||||
7 | derived from, or traceable to any proceeds the person | ||||||
8 | obtained directly or indirectly, as a result of a | ||||||
9 | violation of this Article; | ||||||
10 | (B) any of the person's property used, or intended | ||||||
11 | to be used, in any manner or part, to commit, or to | ||||||
12 | facilitate the commission of, a violation of this | ||||||
13 | Article; | ||||||
14 | (C) all conveyances, including aircraft, vehicles | ||||||
15 | or vessels, which are used, or intended for use, to | ||||||
16 | transport, or in any manner to facilitate the | ||||||
17 | transportation, sale, receipt, possession, or | ||||||
18 | concealment of property described in subparagraphs (A) | ||||||
19 | and (B), but: | ||||||
20 | (i) no conveyance used by any person as a | ||||||
21 | common carrier in the transaction of business as a | ||||||
22 | common carrier is subject to forfeiture under this | ||||||
23 | Section unless it appears that the owner or other | ||||||
24 | person in charge of the conveyance is a consenting | ||||||
25 | party or privy to a violation of this Article; | ||||||
26 | (ii) no conveyance is subject to forfeiture |
| |||||||
| |||||||
1 | under this Section by reason of any act or omission | ||||||
2 | which the owner proves to have been committed or | ||||||
3 | omitted without his or her knowledge or consent; | ||||||
4 | (iii) a forfeiture of a conveyance encumbered | ||||||
5 | by a bona fide security interest is subject to the | ||||||
6 | interest of the secured party if he or she neither | ||||||
7 | had knowledge of nor consented to the act or | ||||||
8 | omission; | ||||||
9 | (D) all real property, including any right, title, | ||||||
10 | and interest (including, but not limited to, any | ||||||
11 | leasehold interest or the beneficial interest in a land | ||||||
12 | trust) in the whole of any lot or tract of land and any | ||||||
13 | appurtenances or improvements, which is used or | ||||||
14 | intended to be used, in any manner or part, to commit, | ||||||
15 | or in any manner to facilitate the commission of, any | ||||||
16 | violation of this Article or that is the proceeds of | ||||||
17 | any violation or act that constitutes a violation of | ||||||
18 | this Article.
| ||||||
19 | (2) Property subject to forfeiture under this Article | ||||||
20 | may be seized by the Director or any peace officer upon | ||||||
21 | process or seizure warrant issued by any court having | ||||||
22 | jurisdiction over the property. Seizure by the Director or | ||||||
23 | any peace officer without process may be made: | ||||||
24 | (A) if the seizure is incident to a seizure | ||||||
25 | warrant; | ||||||
26 | (B) if the property subject to seizure has been the |
| |||||||
| |||||||
1 | subject of a prior judgment in favor of the State in a | ||||||
2 | criminal proceeding, or in an injunction or forfeiture | ||||||
3 | proceeding based upon this Article; | ||||||
4 | (C) if there is probable cause to believe that the | ||||||
5 | property is directly or indirectly dangerous to health | ||||||
6 | or safety; | ||||||
7 | (D) if there is probable cause to believe that the | ||||||
8 | property is subject to forfeiture under this Article | ||||||
9 | and the property is seized under circumstances in which | ||||||
10 | a warrantless seizure or arrest would be reasonable; or | ||||||
11 | (E) in accordance with the Code of Criminal | ||||||
12 | Procedure of 1963. | ||||||
13 | (3) In the event of seizure pursuant to paragraph (2), | ||||||
14 | forfeiture proceedings shall be instituted in accordance | ||||||
15 | with subsections (i) through (r). | ||||||
16 | (4) Property taken or detained under this Section shall | ||||||
17 | not be subject to replevin, but is deemed to be in the | ||||||
18 | custody of the Director subject only to the order and | ||||||
19 | judgments of the circuit court having jurisdiction over the | ||||||
20 | forfeiture proceedings and the decisions of the State's | ||||||
21 | Attorney under this Article. When property is seized under | ||||||
22 | this Article, the seizing agency shall promptly conduct an | ||||||
23 | inventory of the seized property and estimate the | ||||||
24 | property's value and shall forward a copy of the inventory | ||||||
25 | of seized property and the estimate of the property's value | ||||||
26 | to the Director. Upon receiving notice of seizure, the |
| |||||||
| |||||||
1 | Director may: | ||||||
2 | (A) place the property under seal; | ||||||
3 | (B) remove the property to a place designated by | ||||||
4 | the Director; | ||||||
5 | (C) keep the property in the possession of the | ||||||
6 | seizing agency; | ||||||
7 | (D) remove the property to a storage area for | ||||||
8 | safekeeping or, if the property is a negotiable | ||||||
9 | instrument or money and is not needed for evidentiary | ||||||
10 | purposes, deposit it in an interest bearing account; | ||||||
11 | (E) place the property under constructive seizure | ||||||
12 | by posting notice of pending forfeiture on it, by | ||||||
13 | giving notice of pending forfeiture to its owners and | ||||||
14 | interest holders, or by filing notice of pending | ||||||
15 | forfeiture in any appropriate public record relating | ||||||
16 | to the property; or | ||||||
17 | (F) provide for another agency or custodian, | ||||||
18 | including an owner, secured party, or lienholder, to | ||||||
19 | take custody of the property upon the terms and | ||||||
20 | conditions set by the Director. | ||||||
21 | (5) When property is forfeited under this Article, the | ||||||
22 | Director shall sell all such property unless such property | ||||||
23 | is required by law to be destroyed or is harmful to the | ||||||
24 | public, and shall distribute the proceeds of the sale, | ||||||
25 | together with any moneys forfeited or seized, in accordance | ||||||
26 | with paragraph (6). However, upon the application of the |
| |||||||
| |||||||
1 | seizing agency or prosecutor who was responsible for the | ||||||
2 | investigation, arrest or arrests and prosecution which | ||||||
3 | lead to the forfeiture, the Director may return any item of | ||||||
4 | forfeited property to the seizing agency or prosecutor for | ||||||
5 | official use in the enforcement of laws, if the agency or | ||||||
6 | prosecutor can demonstrate that the item requested would be | ||||||
7 | useful to the agency or prosecutor in its enforcement | ||||||
8 | efforts. When any real property returned to the seizing | ||||||
9 | agency is sold by the agency or its unit of government, the | ||||||
10 | proceeds of the sale shall be delivered to the Director and | ||||||
11 | distributed in accordance with paragraph (6). | ||||||
12 | (6) All monies and the sale proceeds of all other | ||||||
13 | property forfeited and seized under this Article shall be | ||||||
14 | distributed as follows: | ||||||
15 | (A) 65% shall be distributed to the metropolitan | ||||||
16 | enforcement group, local, municipal, county, or State | ||||||
17 | law enforcement agency or agencies which conducted or | ||||||
18 | participated in the investigation resulting in the | ||||||
19 | forfeiture. The distribution shall bear a reasonable | ||||||
20 | relationship to the degree of direct participation of | ||||||
21 | the law enforcement agency in the effort resulting in | ||||||
22 | the forfeiture, taking into account the total value of | ||||||
23 | the property forfeited and the total law enforcement | ||||||
24 | effort with respect to the violation of the law upon | ||||||
25 | which the forfeiture is based. Amounts distributed to | ||||||
26 | the agency or agencies shall be used for the |
| |||||||
| |||||||
1 | enforcement of laws. | ||||||
2 | (B)(i) 12.5% shall be distributed to the Office of | ||||||
3 | the State's Attorney of the county in which the | ||||||
4 | prosecution resulting in the forfeiture was | ||||||
5 | instituted, deposited in a special fund in the county | ||||||
6 | treasury and appropriated to the State's Attorney for | ||||||
7 | use in the enforcement of laws. In counties over | ||||||
8 | 3,000,000 population, 25% shall be distributed to the | ||||||
9 | Office of the State's Attorney for use in the | ||||||
10 | enforcement of laws. If the prosecution is undertaken | ||||||
11 | solely by the Attorney General, the portion provided | ||||||
12 | hereunder shall be distributed to the Attorney General | ||||||
13 | for use in the enforcement of laws. | ||||||
14 | (ii) 12.5% shall be distributed to the Office of | ||||||
15 | the State's Attorneys Appellate Prosecutor and | ||||||
16 | deposited in the Narcotics Profit Forfeiture Fund of | ||||||
17 | that office to be used for additional expenses incurred | ||||||
18 | in the investigation, prosecution and appeal of cases | ||||||
19 | arising under laws. The Office of the State's Attorneys | ||||||
20 | Appellate Prosecutor shall not receive distribution | ||||||
21 | from cases brought in counties with over 3,000,000 | ||||||
22 | population. | ||||||
23 | (C) 10% shall be retained by the Department of | ||||||
24 | State Police for expenses related to the | ||||||
25 | administration and sale of seized and forfeited | ||||||
26 | property. |
| |||||||
| |||||||
1 | Moneys and the sale proceeds distributed to the | ||||||
2 | Department of State Police under this Article shall be | ||||||
3 | deposited in the Money Laundering Asset Recovery Fund | ||||||
4 | created in the State treasury and shall be used by the | ||||||
5 | Department of State Police for State law enforcement | ||||||
6 | purposes. | ||||||
7 | (7) All moneys and sale proceeds of property forfeited | ||||||
8 | and seized under this Article and distributed according to | ||||||
9 | paragraph (6) may also be used to purchase opioid | ||||||
10 | antagonists as defined in Section 5-23 of the Alcoholism | ||||||
11 | and Other Drug Abuse and Dependency Act. | ||||||
12 | (i) (Blank). Notice to owner or interest holder. | ||||||
13 | (1) Whenever notice of pending forfeiture or service of | ||||||
14 | an in rem complaint is required under the provisions of | ||||||
15 | this Article, such notice or service shall be given as | ||||||
16 | follows: | ||||||
17 | (A) If the owner's or interest holder's name and | ||||||
18 | current address are known, then by either personal | ||||||
19 | service or mailing a copy of the notice by certified | ||||||
20 | mail, return receipt requested, to that address. For | ||||||
21 | purposes of notice under this Section, if a person has | ||||||
22 | been arrested for the conduct giving rise to the | ||||||
23 | forfeiture, then the address provided to the arresting | ||||||
24 | agency at the time of arrest shall be deemed to be that | ||||||
25 | person's known address. Provided, however, if an owner | ||||||
26 | or interest holder's address changes prior to the |
| |||||||
| |||||||
1 | effective date of the notice of pending forfeiture, the | ||||||
2 | owner or interest holder shall promptly notify the | ||||||
3 | seizing agency of the change in address or, if the | ||||||
4 | owner or interest holder's address changes subsequent | ||||||
5 | to the effective date of the notice of pending | ||||||
6 | forfeiture, the owner or interest holder shall | ||||||
7 | promptly notify the State's Attorney of the change in | ||||||
8 | address; or | ||||||
9 | (B) If the property seized is a conveyance, to the | ||||||
10 | address reflected in the office of the agency or | ||||||
11 | official in which title or interest to the conveyance | ||||||
12 | is required by law to be recorded, then by mailing a | ||||||
13 | copy of the notice by certified mail, return receipt | ||||||
14 | requested, to that address; or | ||||||
15 | (C) If the owner's or interest holder's address is | ||||||
16 | not known, and is not on record as provided in | ||||||
17 | paragraph (B), then by publication for 3 successive | ||||||
18 | weeks in a newspaper of general circulation in the | ||||||
19 | county in which the seizure occurred. | ||||||
20 | (2) Notice served under this Article is effective upon | ||||||
21 | personal service, the last date of publication, or the | ||||||
22 | mailing of written notice, whichever is earlier. | ||||||
23 | (j) (Blank). Notice to State's Attorney. The law | ||||||
24 | enforcement agency seizing property for forfeiture under this | ||||||
25 | Article shall, within 90 days after seizure, notify the State's | ||||||
26 | Attorney for the county, either where an act or omission giving |
| |||||||
| |||||||
1 | rise to the forfeiture occurred or where the property was | ||||||
2 | seized, of the seizure of the property and the facts and | ||||||
3 | circumstances giving rise to the seizure and shall provide the | ||||||
4 | State's Attorney with the inventory of the property and its | ||||||
5 | estimated value. When the property seized for forfeiture is a | ||||||
6 | vehicle, the law enforcement agency seizing the property shall | ||||||
7 | immediately notify the Secretary of State that forfeiture | ||||||
8 | proceedings are pending regarding such vehicle. | ||||||
9 | (k) (Blank). Non-judicial forfeiture. If non-real property | ||||||
10 | that exceeds $20,000 in value excluding the value of any | ||||||
11 | conveyance, or if real property is seized under the provisions | ||||||
12 | of this Article, the State's Attorney shall institute judicial | ||||||
13 | in rem forfeiture proceedings as described in subsection (l) of | ||||||
14 | this Section within 45 days from receipt of notice of seizure | ||||||
15 | from the seizing agency under subsection (j) of this Section. | ||||||
16 | However, if non-real property that does not exceed $20,000 in | ||||||
17 | value excluding the value of any conveyance is seized, the | ||||||
18 | following procedure shall be used: | ||||||
19 | (1) If, after review of the facts surrounding the | ||||||
20 | seizure, the State's Attorney is of the opinion that the | ||||||
21 | seized property is subject to forfeiture, then within 45 | ||||||
22 | days after the receipt of notice of seizure from the | ||||||
23 | seizing agency, the State's Attorney shall cause notice of | ||||||
24 | pending forfeiture to be given to the owner of the property | ||||||
25 | and all known interest holders of the property in | ||||||
26 | accordance with subsection (i) of this Section. |
| |||||||
| |||||||
1 | (2) The notice of pending forfeiture must include a | ||||||
2 | description of the property, the estimated value of the | ||||||
3 | property, the date and place of seizure, the conduct giving | ||||||
4 | rise to forfeiture or the violation of law alleged, and a | ||||||
5 | summary of procedures and procedural rights applicable to | ||||||
6 | the forfeiture action. | ||||||
7 | (3)(A) Any person claiming an interest in property | ||||||
8 | which is the subject of notice under paragraph (1) of this | ||||||
9 | subsection (k), must, in order to preserve any rights or | ||||||
10 | claims to the property, within 45 days after the effective | ||||||
11 | date of notice as described in subsection (i) of this | ||||||
12 | Section, file a verified claim with the State's Attorney | ||||||
13 | expressing his or her interest in the property. The claim | ||||||
14 | must set forth: | ||||||
15 | (i) the caption of the proceedings as set forth on | ||||||
16 | the notice of pending forfeiture and the name of the | ||||||
17 | claimant; | ||||||
18 | (ii) the address at which the claimant will accept | ||||||
19 | mail; | ||||||
20 | (iii) the nature and extent of the claimant's | ||||||
21 | interest in the property; | ||||||
22 | (iv) the date, identity of the transferor, and | ||||||
23 | circumstances of the claimant's acquisition of the | ||||||
24 | interest in the property;
| ||||||
25 | (v) the name and address of all other persons known | ||||||
26 | to have an interest in the property; |
| |||||||
| |||||||
1 | (vi) the specific provision of law relied on in | ||||||
2 | asserting the property is not subject to forfeiture; | ||||||
3 | (vii) all essential facts supporting each | ||||||
4 | assertion; and | ||||||
5 | (viii) the relief sought. | ||||||
6 | (B) If a claimant files the claim and deposits with the | ||||||
7 | State's Attorney a cost bond, in the form of a cashier's | ||||||
8 | check payable to the clerk of the court, in the sum of 10% | ||||||
9 | of the reasonable value of the property as alleged by the | ||||||
10 | State's Attorney or the sum of $100, whichever is greater, | ||||||
11 | upon condition that, in the case of forfeiture, the | ||||||
12 | claimant must pay all costs and expenses of forfeiture | ||||||
13 | proceedings, then the State's Attorney shall institute | ||||||
14 | judicial in rem forfeiture proceedings and deposit the cost | ||||||
15 | bond with the clerk of the court as described in subsection | ||||||
16 | (l) of this Section within 45 days after receipt of the | ||||||
17 | claim and cost bond. In lieu of a cost bond, a person | ||||||
18 | claiming interest in the seized property may file, under | ||||||
19 | penalty of perjury, an indigency affidavit which has been | ||||||
20 | approved by a circuit court judge. | ||||||
21 | (C) If none of the seized property is forfeited in the | ||||||
22 | judicial in rem proceeding, the clerk of the court shall | ||||||
23 | return to the claimant, unless the court orders otherwise, | ||||||
24 | 90% of the sum which has been deposited and shall retain as | ||||||
25 | costs 10% of the money deposited. If any of the seized | ||||||
26 | property is forfeited under the judicial forfeiture |
| |||||||
| |||||||
1 | proceeding, the clerk of the court shall transfer 90% of | ||||||
2 | the sum which has been deposited to the State's Attorney | ||||||
3 | prosecuting the civil forfeiture to be applied to the costs | ||||||
4 | of prosecution and the clerk shall retain as costs 10% of | ||||||
5 | the sum deposited. | ||||||
6 | (4) If no claim is filed or bond given within the 45 | ||||||
7 | day period as described in paragraph (3) of this subsection | ||||||
8 | (k), the State's Attorney shall declare the property | ||||||
9 | forfeited and shall promptly notify the owner and all known | ||||||
10 | interest holders of the property and the Director of State | ||||||
11 | Police of the declaration of forfeiture and the Director | ||||||
12 | shall dispose of the property in accordance with law. | ||||||
13 | (l) (Blank). Judicial in rem procedures. If property seized | ||||||
14 | under the provisions of this Article is non-real property that | ||||||
15 | exceeds $20,000 in value excluding the value of any conveyance, | ||||||
16 | or is real property, or a claimant has filed a claim and a cost | ||||||
17 | bond under paragraph (3) of subsection (k) of this Section, the | ||||||
18 | following judicial in rem procedures shall apply: | ||||||
19 | (1) If, after a review of the facts surrounding the | ||||||
20 | seizure, the State's Attorney is of the opinion that the | ||||||
21 | seized property is subject to forfeiture, then within 45 | ||||||
22 | days of the receipt of notice of seizure by the seizing | ||||||
23 | agency or the filing of the claim and cost bond, whichever | ||||||
24 | is later, the State's Attorney shall institute judicial | ||||||
25 | forfeiture proceedings by filing a verified complaint for | ||||||
26 | forfeiture and, if the claimant has filed a claim and cost |
| |||||||
| |||||||
1 | bond, by depositing the cost bond with the clerk of the | ||||||
2 | court. When authorized by law, a forfeiture must be ordered | ||||||
3 | by a court on an action in rem brought by a State's | ||||||
4 | Attorney under a verified complaint for forfeiture. | ||||||
5 | (2) During the probable cause portion of the judicial | ||||||
6 | in rem proceeding wherein the State presents its | ||||||
7 | case-in-chief, the court must receive and consider, among | ||||||
8 | other things, all relevant hearsay evidence and | ||||||
9 | information. The laws of evidence relating to civil actions | ||||||
10 | apply to all other portions of the judicial in rem | ||||||
11 | proceeding. | ||||||
12 | (3) Only an owner of or interest holder in the property | ||||||
13 | may file an answer asserting a claim against the property | ||||||
14 | in the action in rem. For purposes of this Section, the | ||||||
15 | owner or interest holder shall be referred to as claimant. | ||||||
16 | Upon motion of the State, the court shall first hold a | ||||||
17 | hearing, wherein any claimant must establish by a | ||||||
18 | preponderance of the evidence, that he or she has a lawful, | ||||||
19 | legitimate ownership interest in the property and that it | ||||||
20 | was obtained through a lawful source. | ||||||
21 | (4) The answer must be signed by the owner or interest | ||||||
22 | holder under penalty of perjury and must set forth: | ||||||
23 | (A) the caption of the proceedings as set forth on | ||||||
24 | the notice of pending forfeiture and the name of the | ||||||
25 | claimant; | ||||||
26 | (B) the address at which the claimant will accept |
| |||||||
| |||||||
1 | mail; | ||||||
2 | (C) the nature and extent of the claimant's | ||||||
3 | interest in the property; | ||||||
4 | (D) the date, identity of transferor, and | ||||||
5 | circumstances of the claimant's acquisition of the | ||||||
6 | interest in the property; | ||||||
7 | (E) the name and address of all other persons known | ||||||
8 | to have an interest in the property; | ||||||
9 | (F) all essential facts supporting each assertion; | ||||||
10 | and | ||||||
11 | (G) the precise relief sought.
| ||||||
12 | (5) The answer must be filed with the court within 45 | ||||||
13 | days after service of the civil in rem complaint. | ||||||
14 | (6) The hearing must be held within 60 days after | ||||||
15 | filing of the answer unless continued for good cause. | ||||||
16 | (7) The State shall show the existence of probable | ||||||
17 | cause for forfeiture of the property. If the State shows | ||||||
18 | probable cause, the claimant has the burden of showing by a | ||||||
19 | preponderance of the evidence that the claimant's interest | ||||||
20 | in the property is not subject to forfeiture.
| ||||||
21 | (8) If the State does not show existence of probable | ||||||
22 | cause, the court shall order the interest in the property | ||||||
23 | returned or conveyed to the claimant and shall order all | ||||||
24 | other property forfeited to the State. If the State does | ||||||
25 | show existence of probable cause, the court shall order all | ||||||
26 | property forfeited to the State. |
| |||||||
| |||||||
1 | (9) A defendant convicted in any criminal proceeding is | ||||||
2 | precluded from later denying the essential allegations of | ||||||
3 | the criminal offense of which the defendant was convicted | ||||||
4 | in any proceeding under this Article regardless of the | ||||||
5 | pendency of an appeal from that conviction. However, | ||||||
6 | evidence of the pendency of an appeal is admissible. | ||||||
7 | (10) An acquittal or dismissal in a criminal proceeding | ||||||
8 | does not preclude civil proceedings under this Article; | ||||||
9 | however, for good cause shown, on a motion by the State's | ||||||
10 | Attorney, the court may stay civil forfeiture proceedings | ||||||
11 | during the criminal trial for a related criminal indictment | ||||||
12 | or information alleging a money laundering violation. Such | ||||||
13 | a stay shall not be available pending an appeal. Property | ||||||
14 | subject to forfeiture under this Article shall not be | ||||||
15 | subject to return or release by a court exercising | ||||||
16 | jurisdiction over a criminal case involving the seizure of | ||||||
17 | such property unless such return or release is consented to | ||||||
18 | by the State's Attorney. | ||||||
19 | (11) All property declared forfeited under this | ||||||
20 | Article vests in this State on the commission of the | ||||||
21 | conduct giving rise to forfeiture together with the | ||||||
22 | proceeds of the property after that time. Any such property | ||||||
23 | or proceeds subsequently transferred to any person remain | ||||||
24 | subject to forfeiture and thereafter shall be ordered | ||||||
25 | forfeited. | ||||||
26 | (12) A civil action under this Article must be |
| |||||||
| |||||||
1 | commenced within 5 years after the last conduct giving rise | ||||||
2 | to forfeiture became known or should have become known or 5 | ||||||
3 | years after the forfeitable property is discovered, | ||||||
4 | whichever is later, excluding any time during which either | ||||||
5 | the property or claimant is out of the State or in | ||||||
6 | confinement or during which criminal proceedings relating | ||||||
7 | to the same conduct are in progress. | ||||||
8 | (m) (Blank). Stay of time periods. If property is seized | ||||||
9 | for evidence and for forfeiture, the time periods for | ||||||
10 | instituting judicial and non-judicial forfeiture proceedings | ||||||
11 | shall not begin until the property is no longer necessary for | ||||||
12 | evidence. | ||||||
13 | (n) (Blank). Settlement of claims. Notwithstanding other | ||||||
14 | provisions of this Article, the State's Attorney and a claimant | ||||||
15 | of seized property may enter into an agreed-upon settlement | ||||||
16 | concerning the seized property in such an amount and upon such | ||||||
17 | terms as are set out in writing in a settlement agreement. | ||||||
18 | (o) (Blank). Property constituting attorney fees. Nothing | ||||||
19 | in this Article applies to property which constitutes | ||||||
20 | reasonable bona fide attorney's fees paid to an attorney for | ||||||
21 | services rendered or to be rendered in the forfeiture | ||||||
22 | proceeding or criminal proceeding relating directly thereto | ||||||
23 | where such property was paid before its seizure, before the | ||||||
24 | issuance of any seizure warrant or court order prohibiting | ||||||
25 | transfer of the property and where the attorney, at the time he | ||||||
26 | or she received the property did not know that it was property |
| |||||||
| |||||||
1 | subject to forfeiture under this Article. | ||||||
2 | (p) (Blank). Construction. It is the intent of the General | ||||||
3 | Assembly that the forfeiture provisions of this Article be | ||||||
4 | liberally construed so as to effect their remedial purpose. The | ||||||
5 | forfeiture of property and other remedies hereunder shall be | ||||||
6 | considered to be in addition to, and not exclusive of, any | ||||||
7 | sentence or other remedy provided by law. | ||||||
8 | (q) (Blank). Judicial review. If property has been declared | ||||||
9 | forfeited under subsection (k) of this Section, any person who | ||||||
10 | has an interest in the property declared forfeited may, within | ||||||
11 | 30 days after the effective date of the notice of the | ||||||
12 | declaration of forfeiture, file a claim and cost bond as | ||||||
13 | described in paragraph (3) of subsection (k) of this Section. | ||||||
14 | If a claim and cost bond is filed under this Section, then the | ||||||
15 | procedures described in subsection (l) of this Section apply. | ||||||
16 | (r) (Blank). Burden of proof of exemption or exception. It | ||||||
17 | is not necessary for the State to negate any exemption or | ||||||
18 | exception in this Article in any complaint, information, | ||||||
19 | indictment or other pleading or in any trial, hearing, or other | ||||||
20 | proceeding under this Article. The burden of proof of any | ||||||
21 | exemption or exception is upon the person claiming it. | ||||||
22 | (s) (Blank). Review of administrative decisions.
All | ||||||
23 | administrative findings, rulings, final determinations, | ||||||
24 | findings, and conclusions of the State's Attorney's Office | ||||||
25 | under this Article are final and conclusive decisions of the | ||||||
26 | matters involved. Any person aggrieved by the decision may |
| |||||||
| |||||||
1 | obtain review of the decision pursuant to the provisions of the | ||||||
2 | Administrative Review Law and the rules adopted pursuant to | ||||||
3 | that Law. Pending final decision on such review, the | ||||||
4 | administrative acts, orders, and rulings of the State's | ||||||
5 | Attorney's Office remain in full force and effect unless | ||||||
6 | modified or suspended by order of court pending final judicial | ||||||
7 | decision. Pending final decision on such review, the acts, | ||||||
8 | orders, and rulings of the State's Attorney's Office remain in | ||||||
9 | full force and effect, unless stayed by order of court. | ||||||
10 | However, no stay of any decision of the administrative agency | ||||||
11 | shall issue unless the person aggrieved by the decision | ||||||
12 | establishes by a preponderance of the evidence that good cause | ||||||
13 | exists for the stay. In determining good cause, the court shall | ||||||
14 | find that the aggrieved party has established a substantial | ||||||
15 | likelihood of prevailing on the merits and that granting the | ||||||
16 | stay will not have an injurious effect on the general public. | ||||||
17 | (Source: P.A. 99-480, eff. 9-9-15.)
| ||||||
18 | (720 ILCS 5/29B-1.1 new) | ||||||
19 | Sec. 29B-1.1. Protective orders. | ||||||
20 | (a) Upon application of the State, the court may enter a | ||||||
21 | restraining order or injunction, require the execution of a | ||||||
22 | satisfactory performance bond, or take other action to preserve | ||||||
23 | the availability of property described in Section 29B-2 of this | ||||||
24 | Article subject to forfeiture under this Article: | ||||||
25 | (1) upon the filing of an indictment, information, or |
| |||||||
| |||||||
1 | complaint charging a violation of this Article for which | ||||||
2 | forfeiture may be ordered and alleging that the property | ||||||
3 | with respect to which the order is sought would be subject | ||||||
4 | to forfeiture under this Article; or | ||||||
5 | (2) prior to the filing of the indictment, information, | ||||||
6 | or complaint, if, after notice to persons appearing to have | ||||||
7 | an interest in the property and opportunity for a hearing, | ||||||
8 | the court determines that: | ||||||
9 | (A) there is probable cause to believe that the | ||||||
10 | State will prevail on the issue of forfeiture and that | ||||||
11 | failure to enter the order will result in the property | ||||||
12 | being destroyed, removed from the jurisdiction of the | ||||||
13 | court, or otherwise made unavailable for forfeiture; | ||||||
14 | and | ||||||
15 | (B) the need to preserve the availability of the | ||||||
16 | property through the entry of the requested order | ||||||
17 | outweighs the hardship on any party against whom the | ||||||
18 | order is to be entered. | ||||||
19 | An order entered under paragraph (2) of this subsection | ||||||
20 | shall be effective for not more than 90 days, unless extended | ||||||
21 | by the court for good cause shown or if an indictment, | ||||||
22 | information, complaint, or administrative notice has been | ||||||
23 | filed. | ||||||
24 | (b) A temporary restraining order under this Section may be | ||||||
25 | entered upon application of the State without notice or | ||||||
26 | opportunity for a hearing when an indictment, information, |
| |||||||
| |||||||
1 | complaint, or administrative notice has not yet been filed with | ||||||
2 | respect to the property if the State demonstrates that there is | ||||||
3 | probable cause to believe that the property would be subject to | ||||||
4 | forfeiture under this Section and that notice will jeopardize | ||||||
5 | the availability of the property for forfeiture. A temporary | ||||||
6 | order shall expire not more than 30 days after the date on | ||||||
7 | which it is entered, unless extended for good cause shown or | ||||||
8 | the party against whom it is entered consents to an extension | ||||||
9 | for a longer period. A hearing requested concerning an order | ||||||
10 | entered under this subsection shall be held at the earliest | ||||||
11 | possible time and prior to the expiration of the temporary | ||||||
12 | order. | ||||||
13 | (c) The court may receive and consider at a hearing held | ||||||
14 | under this Section evidence and information that would be | ||||||
15 | inadmissible under the rules of evidence of this State. | ||||||
16 | (d) Order to repatriate and deposit. | ||||||
17 | (1) Under its authority to enter a pretrial restraining | ||||||
18 | order under this Section, the court may order a defendant | ||||||
19 | to repatriate any property that may be seized or forfeited | ||||||
20 | and deposit that property pending trial with the Department | ||||||
21 | of State Police or another law enforcement agency | ||||||
22 | designated by the Department. | ||||||
23 | (2) Failure to comply with an order under this Section | ||||||
24 | is punishable as civil or criminal contempt of court. | ||||||
25 | (720 ILCS 5/29B-1.5 new) |
| |||||||
| |||||||
1 | Sec. 29B-1.5. Warrant of seizure. The State may request the | ||||||
2 | issuance of a warrant authorizing the seizure of property | ||||||
3 | described in Section 29B-2 of this Article in the same manner | ||||||
4 | as provided for a search warrant. If the court determines that | ||||||
5 | there is probable cause to believe that the property to be | ||||||
6 | seized would be subject to forfeiture, the court shall issue a | ||||||
7 | warrant authorizing the seizure of the property. | ||||||
8 | (720 ILCS 5/29B-2 new) | ||||||
9 | Sec. 29B-2. Property subject to forfeiture. | ||||||
10 | The following property is subject of forfeiture under this | ||||||
11 | Article: | ||||||
12 | (1) any property, real or personal, constituting, derived | ||||||
13 | from, or traceable to any proceeds the person obtained directly | ||||||
14 | or indirectly, as a result of a violation of this Article; | ||||||
15 | (2) any of the person's property used or intended to be | ||||||
16 | used in any manner or part to commit or facilitate the | ||||||
17 | commission of a violation of this Article; | ||||||
18 | (3) all conveyances, including aircraft, vehicles, or | ||||||
19 | vessels, which are used or intended for use to transport or in | ||||||
20 | any manner to facilitate the transportation, sale, receipt, | ||||||
21 | possession, or concealment of property described in paragraphs | ||||||
22 | (1) and (2) of this Section, but the following are not subject | ||||||
23 | to forfeiture: | ||||||
24 | (A) a conveyance used by any person as a common carrier | ||||||
25 | in the transaction of business as a common carrier unless |
| |||||||
| |||||||
1 | it appears that the owner or person in charge of the | ||||||
2 | conveyance is a consenting party or privy to a violation of | ||||||
3 | this Article; | ||||||
4 | (B) a conveyance by reason of any act or omission which | ||||||
5 | the owner proves to have been committed or omitted without | ||||||
6 | his or her knowledge or consent; or | ||||||
7 | (C) a conveyance encumbered by a bona fide security | ||||||
8 | interest is subject to the interest of the secured party if | ||||||
9 | he or she did not have knowledge or consented to the act or | ||||||
10 | omission; and | ||||||
11 | (4) all real property, including any right, title, and | ||||||
12 | interest including, but not limited to, any leasehold interest | ||||||
13 | or the beneficial interest in a land trust, in the whole of any | ||||||
14 | lot or tract of land and any appurtenances or improvements, | ||||||
15 | which is used or intended to be used, in any manner or part, to | ||||||
16 | commit or facilitate the commission of a violation of this | ||||||
17 | Article, or that is the proceeds of any violation or act that | ||||||
18 | constitutes a violation of this Article. | ||||||
19 | (720 ILCS 5/29B-3 new) | ||||||
20 | Sec. 29B-3. Seizure. | ||||||
21 | (a) Seizure of real property subject to forfeiture under | ||||||
22 | this Article requires a court order. A court may issue an order | ||||||
23 | to seize or secure real property for which forfeiture is sought | ||||||
24 | only after proper notice to property owners and an opportunity | ||||||
25 | for a contested hearing to determine the sufficiency of |
| |||||||
| |||||||
1 | probable cause for the seizure. Nothing in this subsection | ||||||
2 | prohibits the prosecuting authority from seeking a lis pendens | ||||||
3 | or restraining order to hinder the sale or destruction of the | ||||||
4 | real property. | ||||||
5 | (b) Personal property subject to forfeiture under this | ||||||
6 | Article may be seized by the Director of State Police or any | ||||||
7 | peace officer upon process or seizure warrant issued by any | ||||||
8 | court having jurisdiction over the property. | ||||||
9 | (c) Personal property subject to forfeiture under this | ||||||
10 | Article may be seized by the Director of State Police or any | ||||||
11 | peace officer without process: | ||||||
12 | (1) if the seizure is incident to a seizure warrant; | ||||||
13 | (2) if the property subject to seizure has been the | ||||||
14 | subject of a prior judgment in favor of the State in a | ||||||
15 | criminal proceeding or in an injunction or forfeiture | ||||||
16 | proceeding based upon this Article; | ||||||
17 | (3) if there is probable cause to believe that the | ||||||
18 | property is directly or indirectly dangerous to health or | ||||||
19 | safety; | ||||||
20 | (4) if there is probable cause to believe that the | ||||||
21 | property is subject to forfeiture under this Article and | ||||||
22 | the property is seized under circumstances in which a | ||||||
23 | warrantless seizure or arrest would be reasonable; or | ||||||
24 | (5) in accordance with the Code of Criminal Procedure | ||||||
25 | of 1963. | ||||||
26 | (d) When a conveyance is seized under this Article, an |
| |||||||
| |||||||
1 | investigation shall be made by the law enforcement agency as to | ||||||
2 | any person whose right, title, interest, or lien is of record | ||||||
3 | in the office of the agency or official in which title or | ||||||
4 | interest to the conveyance is required by law to be recorded. | ||||||
5 | (e) After seizure of property under this Section, notice | ||||||
6 | shall be given to all known interest holders that forfeiture | ||||||
7 | proceedings, including a preliminary review, may be instituted | ||||||
8 | under this Article. | ||||||
9 | (720 ILCS 5/29B-4 new) | ||||||
10 | Sec. 29B-4. Receipt for seized property. When a law | ||||||
11 | enforcement officer seizes property that is subject to | ||||||
12 | forfeiture, the officer shall provide an itemized receipt to | ||||||
13 | the person possessing the property or, in the absence of a | ||||||
14 | person to whom the receipt could be given, shall leave the | ||||||
15 | receipt in the place where the property was found if possible. | ||||||
16 | (720 ILCS 5/29B-5 new) | ||||||
17 | Sec. 29B-5. Safekeeping of seized property pending | ||||||
18 | disposition. | ||||||
19 | (a) Property seized under this Article is deemed to be in | ||||||
20 | the custody of the Director of State Police subject only to the | ||||||
21 | order and judgments of the circuit court having jurisdiction | ||||||
22 | over the forfeiture proceeding and the decisions of the State's | ||||||
23 | Attorney under this Article. | ||||||
24 | (b) If property is seized under this Article, the seizing |
| |||||||
| |||||||
1 | agency shall promptly conduct an inventory of the seized | ||||||
2 | property and estimate the property's value and forward a copy | ||||||
3 | of the inventory of seized property and an estimate of the | ||||||
4 | property's value to the Director of State Police. Upon | ||||||
5 | receiving notice of seizure, the Director of State Police | ||||||
6 | shall: | ||||||
7 | (1) place the property under seal; | ||||||
8 | (2) remove the property to a place designated by the | ||||||
9 | Director of State Police; | ||||||
10 | (3) keep the property in the possession of the seizing | ||||||
11 | agency; | ||||||
12 | (4) remove the property to a storage area for | ||||||
13 | safekeeping; | ||||||
14 | (5) place the property under constructive seizure by | ||||||
15 | posting notice of pending forfeiture on it, by giving | ||||||
16 | notice of pending forfeiture to its owners and interest | ||||||
17 | holders, or by filing notice of pending forfeiture in any | ||||||
18 | appropriate public record relating to the property; or | ||||||
19 | (6) allow another agency or custodian, including an | ||||||
20 | owner, secured party, or secured lienholder, to take | ||||||
21 | custody of the property upon terms and conditions set by | ||||||
22 | the Director. | ||||||
23 | (c) Property seized under this Article shall be kept by the | ||||||
24 | custodian in a manner to protect it from theft or damage and, | ||||||
25 | if ordered by the court, insured against those risks. |
| |||||||
| |||||||
1 | (720 ILCS 5/29B-6 new) | ||||||
2 | Sec. 29B-6. Preliminary Review. | ||||||
3 | (a) Within 14 days of the seizure, the State shall seek a | ||||||
4 | preliminary determination from the circuit court as to whether | ||||||
5 | there is probable cause that the property may be subject to | ||||||
6 | forfeiture. | ||||||
7 | (b) The rules of evidence of this State shall not apply to | ||||||
8 | any proceeding conducted under this Section. | ||||||
9 | (c) The court may conduct the review under subsection (a) | ||||||
10 | of this Section simultaneously with a proceeding under Section | ||||||
11 | 109-1 of the Code of Criminal Procedure of 1963 for a related | ||||||
12 | criminal offense if a prosecution is commenced by information | ||||||
13 | or complaint. | ||||||
14 | (d) The court may accept a finding of probable cause at a | ||||||
15 | preliminary hearing following the filing of an information or | ||||||
16 | complaint charging a related criminal offense or following the | ||||||
17 | return of an indictment by a grand jury charging the related | ||||||
18 | offense as sufficient evidence of probable cause as required | ||||||
19 | under subsection (a) of this Section. | ||||||
20 | (e) Upon making a finding of probable cause as required | ||||||
21 | under this Section, the circuit court shall order the property | ||||||
22 | held until the conclusion of the forfeiture proceeding. | ||||||
23 | (f) For the seizure of a conveyance, at any time after a | ||||||
24 | finding of probable cause under subsection (a) of this Section, | ||||||
25 | but at least 60 days before the trial of the forfeiture case, | ||||||
26 | the registered owner or other claimant may file a motion in |
| |||||||
| |||||||
1 | writing supported by one or more sworn affidavits claiming that | ||||||
2 | the denial of the use of the conveyance during the pendency of | ||||||
3 | the forfeiture proceedings will create a substantial hardship | ||||||
4 | on the owner or claimant. The court shall consider the | ||||||
5 | following factors in determining whether a substantial | ||||||
6 | hardship has been proven: | ||||||
7 | (1) the nature of the claimed hardship; | ||||||
8 | (2) the availability of public transportation or other | ||||||
9 | available means of transportation; and | ||||||
10 | (3) any available alternatives to alleviate the | ||||||
11 | hardship other than the return of the seized conveyance. | ||||||
12 | If the court determines that a substantial hardship has | ||||||
13 | been proven, the court shall balance the nature of the hardship | ||||||
14 | against the State's interest in safeguarding the conveyance. | ||||||
15 | If the court determines that the hardship outweighs the | ||||||
16 | State's interest in safeguarding the conveyance, the court may | ||||||
17 | temporarily release the conveyance to the registered owner or | ||||||
18 | claimant or the registered owner or claimant's authorized | ||||||
19 | designee, or both, until the conclusion of the forfeiture | ||||||
20 | proceedings or for a shorter period as ordered by the court, | ||||||
21 | provided the person to whom the conveyance is released provides | ||||||
22 | proof of insurance and a valid driver's license and all State | ||||||
23 | and local registrations for operation of the conveyance are | ||||||
24 | current. The court may place conditions on the conveyance | ||||||
25 | limiting its use to the stated hardship and restricting the | ||||||
26 | conveyance's use to only those persons authorized to use the |
| |||||||
| |||||||
1 | conveyance by the registered owner or claimant. The court may | ||||||
2 | revoke the order releasing the conveyance and order that the | ||||||
3 | conveyance be seized by law enforcement if the conditions of | ||||||
4 | release are violated or if the conveyance is used in the | ||||||
5 | commission of any offense identified in subsection (a) of | ||||||
6 | Section 6-205 of the Illinois Vehicle Code. | ||||||
7 | If the conveyance is released, the court shall order that | ||||||
8 | the registered owner or claimant, or his or her designee: | ||||||
9 | safeguard the conveyance; not remove the conveyance from the | ||||||
10 | jurisdiction; not conceal, destroy, or otherwise dispose of the | ||||||
11 | conveyance; not encumber the conveyance; and not diminish the | ||||||
12 | value of the conveyance in any way. The court shall determine | ||||||
13 | the full market value of the conveyance prior to release under | ||||||
14 | this subsection based on a source or sources defined in 50 Ill. | ||||||
15 | Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B). | ||||||
16 | If the conveyance subject to forfeiture is released under | ||||||
17 | this Section and is subsequently forfeited, the person to whom | ||||||
18 | the conveyance was released shall return the conveyance to the | ||||||
19 | law enforcement agency that seized the conveyance within 7 days | ||||||
20 | from the date of the declaration of forfeiture or order of | ||||||
21 | forfeiture. | ||||||
22 | (720 ILCS 5/29B-7 new) | ||||||
23 | Sec. 29B-7. Notice to State's Attorney. The law enforcement | ||||||
24 | agency seizing property for forfeiture under this Article | ||||||
25 | shall, as soon as practicable but no later than 48 hours after |
| |||||||
| |||||||
1 | the seizure, notify the State's Attorney of the county in which | ||||||
2 | an act or omission giving rise to the seizure occurred or in | ||||||
3 | which the property was seized and the facts and circumstances | ||||||
4 | giving rise to the seizure and shall provide the State's | ||||||
5 | Attorney with the inventory of the property and its estimated | ||||||
6 | value. If the property seized for forfeiture is a vehicle, the | ||||||
7 | law enforcement agency seizing the property shall immediately | ||||||
8 | notify the Secretary of State that forfeiture proceedings are | ||||||
9 | pending against the vehicle. | ||||||
10 | (720 ILCS 5/29B-8 new) | ||||||
11 | Sec. 29B-8. Replevin hearing. | ||||||
12 | (a) At any time following the seizure of property, but at | ||||||
13 | least 60 days prior to trial of the forfeiture case, any person | ||||||
14 | who claims an ownership interest in property seized under this | ||||||
15 | Article may claim the right to possession of the property by | ||||||
16 | motion to the court to issue a writ of replevin. The movant | ||||||
17 | shall file a motion establishing the validity of his or her | ||||||
18 | alleged interest in the property. | ||||||
19 | (b) The court shall hear the motion no more than 30 days | ||||||
20 | after the motion is filed. | ||||||
21 | (c) If the motion for replevin is heard prior to the | ||||||
22 | preliminary review under Section 29B-6 of this Article, the | ||||||
23 | State shall file an answer showing probable cause for the | ||||||
24 | seizure at least 10 days before the hearing. | ||||||
25 | (d) Either party may, by agreement or for good cause, move |
| |||||||
| |||||||
1 | the court for one extension of no more than 10 days. The motion | ||||||
2 | may be supported by affidavits or other submissions. | ||||||
3 | (e) The court shall issue a writ of replevin if it finds | ||||||
4 | that: | ||||||
5 | (1) it is likely the final judgment will require the | ||||||
6 | State to return the property to the claimant; or | ||||||
7 | (2) the property is the only reasonable means for the | ||||||
8 | person claiming an ownership interest in the property to | ||||||
9 | pay for legal representation in the forfeiture proceeding. | ||||||
10 | At the court's discretion under subsection (b) of this | ||||||
11 | Section, the court may order the return of funds or property | ||||||
12 | sufficient to obtain legal counsel, but less than the total | ||||||
13 | amount seized and require an accounting. | ||||||
14 | (720 ILCS 5/29B-9 new) | ||||||
15 | Sec. 29B-9. Complaint of forfeiture. | ||||||
16 | (a) If the State's Attorney of the county in which the | ||||||
17 | seizure occurs finds that the alleged violation of law giving | ||||||
18 | rise to the seizure was incurred without willful negligence, | ||||||
19 | without any intention on the part of the owner of the property | ||||||
20 | to violate the law, or finds the existence of mitigating | ||||||
21 | circumstances as to justify remission of the forfeiture, he or | ||||||
22 | she shall cause the law enforcement agency having custody of | ||||||
23 | the property to return the property to the owner within a | ||||||
24 | reasonable time not to exceed 5 days. The State's Attorney | ||||||
25 | shall exercise his or her discretion prior to or promptly after |
| |||||||
| |||||||
1 | the preliminary review under Section 29B-6 of this Article. | ||||||
2 | (b) If, after review of the facts surrounding the seizure, | ||||||
3 | the State's Attorney is of the opinion that the seized property | ||||||
4 | is subject to forfeiture and the State's Attorney does not | ||||||
5 | cause the forfeiture to be remitted under subsection (a) of | ||||||
6 | this Section, he or she shall bring an action for forfeiture in | ||||||
7 | the circuit court within whose jurisdiction the seizure and | ||||||
8 | confiscation has taken place by filing a complaint of | ||||||
9 | forfeiture proceeding as soon as practicable, but no later than | ||||||
10 | 30 days after a finding of probable cause at a preliminary | ||||||
11 | review under Section 29B-6 of this Article. A complaint of | ||||||
12 | forfeiture proceeding shall include: | ||||||
13 | (1) a description of the property seized; | ||||||
14 | (2) the date and place of seizure of the property; | ||||||
15 | (3) the name and address of the law enforcement agency | ||||||
16 | making the seizure; | ||||||
17 | (4) the specific statutory and factual grounds for the | ||||||
18 | seizure; | ||||||
19 | (5) whether the property was seized under an order of | ||||||
20 | seizure, and if the property was seized without an order of | ||||||
21 | seizure, an affidavit from a law enforcement officer | ||||||
22 | stating the factual and legal grounds for the seizure; | ||||||
23 | (6) in the complaint caption and in the complaint, the | ||||||
24 | names of persons known to the State who may claim an | ||||||
25 | interest in the property and the basis for each person's | ||||||
26 | alleged interest; and |
| |||||||
| |||||||
1 | (7) a summary of procedures and procedural rights | ||||||
2 | applicable to the forfeiture action. | ||||||
3 | (c) The complaint shall be served upon the person from whom | ||||||
4 | the property was seized and all persons known or reasonably | ||||||
5 | believed by the State to claim an interest in the property, in | ||||||
6 | accordance with the provisions of Article II, Part 2 of the | ||||||
7 | Code of Civil Procedure. | ||||||
8 | (720 ILCS 5/29B-10 new) | ||||||
9 | Sec. 29B-10. Exemptions from forfeiture. | ||||||
10 | (a) No vessel or watercraft, vehicle, or aircraft used by | ||||||
11 | any person as a common carrier in the transaction of business | ||||||
12 | as a common carrier may be forfeited unless the State proves by | ||||||
13 | clear and convincing evidence that (1) in the case of a railway | ||||||
14 | car or engine, the owner, or (2) in the case of any other | ||||||
15 | vessel or watercraft, vehicle or aircraft, the owner or the | ||||||
16 | master of the vessel or watercraft or the owner or conductor, | ||||||
17 | driver, pilot, or other person in charge of the vehicle or | ||||||
18 | aircraft was at the time of the alleged illegal act a | ||||||
19 | consenting party or privy to the illegal act. | ||||||
20 | (b) No vessel or watercraft, vehicle, or aircraft shall be | ||||||
21 | forfeited by reason of any act or omission by a person other | ||||||
22 | than the owner while the vessel, watercraft, vehicle, or | ||||||
23 | aircraft was unlawfully in the possession of a person who | ||||||
24 | acquired possession in violation of the criminal laws of the | ||||||
25 | United States or of any state. |
| |||||||
| |||||||
1 | (c) Notwithstanding any other provision of law to the | ||||||
2 | contrary, the property of an innocent owner shall not be | ||||||
3 | forfeited. No property interest shall be subject to forfeiture | ||||||
4 | unless the State proves by clear and convincing evidence that | ||||||
5 | the underlying violation of law was committed with the | ||||||
6 | knowledge and consent of the owner. | ||||||
7 | (d) Homesteaded real property, a motor vehicle of less than | ||||||
8 | $10,000 in market value, or U.S. currency totaling $200 or less | ||||||
9 | shall not be subject to forfeiture under this Article. | ||||||
10 | (720 ILCS 5/29B-11 new) | ||||||
11 | Sec. 29B-11. Judicial forfeiture procedures. | ||||||
12 | (a) A judgment of forfeiture requires as a condition | ||||||
13 | precedent that a defendant be convicted in an underlying or | ||||||
14 | related criminal action of an offense for which forfeiture is | ||||||
15 | authorized under this Article. The court may waive the | ||||||
16 | conviction requirement if the State shows by clear and | ||||||
17 | convincing evidence that the defendant: | ||||||
18 | (1) died; | ||||||
19 | (2) was deported by the U.S. government; | ||||||
20 | (3) is granted immunity in exchange for testifying or | ||||||
21 | otherwise assisting a law enforcement investigation or | ||||||
22 | prosecution; or | ||||||
23 | (4) fled the jurisdiction after being charged with an | ||||||
24 | offense for which forfeiture is authorized and released on | ||||||
25 | bail. |
| |||||||
| |||||||
1 | A defendant convicted in a criminal proceeding is precluded | ||||||
2 | from later denying the essential allegations of the criminal | ||||||
3 | offense of which the defendant was convicted in any proceeding | ||||||
4 | under this Article regardless of the pendency of an appeal from | ||||||
5 | that conviction. However, evidence of the pendency of an appeal | ||||||
6 | is admissible. | ||||||
7 | (b) The court shall stay civil forfeiture proceedings | ||||||
8 | during the criminal trial for a related criminal indictment | ||||||
9 | information, or complaint alleging a violation of this Article | ||||||
10 | giving rise to the forfeiture, or alleging a felony violation | ||||||
11 | of law underlying an alleged violation of this Article giving | ||||||
12 | rise to forfeiture. A stay shall not be available pending an | ||||||
13 | appeal. Property subject to forfeiture under this Article shall | ||||||
14 | not be subject to return or release by a court exercising | ||||||
15 | jurisdiction over a criminal case involving the seizure of the | ||||||
16 | property unless the return or release is consented to by the | ||||||
17 | State's Attorney. Upon dismissal of all related criminal | ||||||
18 | proceedings underlying the alleged violation of this Article | ||||||
19 | giving rise to forfeiture, the State's Attorney shall | ||||||
20 | immediately move for dismissal of the forfeiture action. | ||||||
21 | (c) Only an owner of or interest holder in the property may | ||||||
22 | file an answer. For purposes of this Article, the owner or | ||||||
23 | interest holder shall be referred to as claimant. A person not | ||||||
24 | named in the forfeiture complaint who claims to have an | ||||||
25 | interest in the property may petition to intervene as a | ||||||
26 | claimant in accordance with Section 2-408 of the Code of Civil |
| |||||||
| |||||||
1 | Procedure. | ||||||
2 | (d) The answer must be signed by the owner or interest | ||||||
3 | holder under penalty of perjury and must provide the following: | ||||||
4 | (1) the caption of the proceedings as set forth on the | ||||||
5 | notice of pending forfeiture and the name of the claimant; | ||||||
6 | (2) the address at which the claimant will accept mail; | ||||||
7 | (3) the nature and extent of the claimant's interest in | ||||||
8 | the property; | ||||||
9 | (4) the date, identity of transferor, and | ||||||
10 | circumstances of the claimant's acquisition of the | ||||||
11 | interest in the property; | ||||||
12 | (5) the name and address of all other persons known to | ||||||
13 | have an interest in the property; | ||||||
14 | (6) the specific provisions of Section 29B-10 of this | ||||||
15 | Article relied upon in asserting the property is exempt | ||||||
16 | from forfeiture, if applicable; | ||||||
17 | (7) the essential facts supporting each assertion; and | ||||||
18 | (8) the precise relief sought. | ||||||
19 | (e) The answer must be filed with the court within 45 days | ||||||
20 | after service of the complaint of forfeiture. The trial must be | ||||||
21 | held within 60 days after filing of the answer unless continued | ||||||
22 | for good cause. | ||||||
23 | (f) The State shall have the burden of proving by clear and | ||||||
24 | convincing evidence that the property is subject to forfeiture. | ||||||
25 | If the State does not meet its burden of proof, the court shall | ||||||
26 | order the interest in the property returned or conveyed to the |
| |||||||
| |||||||
1 | claimant. | ||||||
2 | (g) Provisional title to all property declared forfeited | ||||||
3 | vests in this State on the commission of the conduct giving | ||||||
4 | rise to forfeiture together with the proceeds of the property | ||||||
5 | after that time. Except as otherwise provided in this Article, | ||||||
6 | any of the property or proceeds subsequently transferred to any | ||||||
7 | person remain subject to forfeiture under this Article shall be | ||||||
8 | ordered forfeited. A claimant who acquired, as a transferee, an | ||||||
9 | ownership interest in property that is the subject of | ||||||
10 | forfeiture proceedings under this Article after the commission | ||||||
11 | of the underlying violation of law giving rise to forfeiture | ||||||
12 | under this Article, shall be barred from asserting that his or | ||||||
13 | her interest in the property is exempt from forfeiture under | ||||||
14 | subsection (c) of Section 29B-10 of this Article, unless the | ||||||
15 | claimant shows by a preponderance of the evidence that he or | ||||||
16 | she acquired the interest as a mortgagee, secured creditor, | ||||||
17 | lienholder, or bona fide purchaser, without knowledge of the | ||||||
18 | seizure of the property and without notice of any defect in | ||||||
19 | title. | ||||||
20 | (h) A civil action brought under this Article must be | ||||||
21 | commenced within 5 years after the last conduct giving rise to | ||||||
22 | forfeiture became known or should have become known, or 5 years | ||||||
23 | after the property subject to forfeiture is discovered, | ||||||
24 | whichever is later, excluding any time during which either the | ||||||
25 | property or claimant is out of the State or in confinement or | ||||||
26 | during which criminal proceedings relating to the same conduct |
| |||||||
| |||||||
1 | are in progress. | ||||||
2 | (i) A claimant is not jointly and severally liable for | ||||||
3 | forfeiture awards owed by other claimants. If ownership is | ||||||
4 | unclear, a court may order each claimant to forfeit property on | ||||||
5 | a pro rata basis or by another means the court finds equitable. | ||||||
6 | (720 ILCS 5/29B-12 new) | ||||||
7 | Sec. 29B-12. Proportionality hearing. | ||||||
8 | (a) If property has been declared forfeited under Section | ||||||
9 | 29B-11 of this Article as an instrumentality of a criminal | ||||||
10 | offense, a claimant may, within 30 days of the effective date | ||||||
11 | of the notice of the declaration of forfeiture, petition the | ||||||
12 | court that the forfeiture is grossly disproportional to the | ||||||
13 | seriousness of the offense. The claimant shall bear the burden | ||||||
14 | of persuasion by a preponderance of the evidence at a hearing | ||||||
15 | conducted by the court without a jury. In determining whether | ||||||
16 | the forfeiture of an instrumentality is excessive, the court | ||||||
17 | may consider all relevant factors, including, but not limited | ||||||
18 | to: | ||||||
19 | (1) the seriousness of the offense and its impact on | ||||||
20 | the community, including the duration of the activity and | ||||||
21 | the harm caused by the claimant; | ||||||
22 | (2) the extent to which the claimant participated in | ||||||
23 | the offense; | ||||||
24 | (3) the extent to which the property was used in | ||||||
25 | committing the offense; |
| |||||||
| |||||||
1 | (4) the sentence imposed for committing the crime | ||||||
2 | subject to forfeiture; and | ||||||
3 | (5) whether the offense was completed or attempted. | ||||||
4 | (b) In determining the value of the instrumentality subject | ||||||
5 | to forfeiture, the court may consider all relevant factors, | ||||||
6 | including, but not limited to: | ||||||
7 | (1) the fair market value of the property; | ||||||
8 | (2) the value of the property to the claimant, | ||||||
9 | including the hardship to the claimant if the forfeiture is | ||||||
10 | realized; and | ||||||
11 | (3) the hardship from the loss of a primary residence, | ||||||
12 | motor vehicle, or other property to the claimant's family | ||||||
13 | members or others if the property is forfeited. | ||||||
14 | (c) The court may not consider the monetary value of the | ||||||
15 | instrumentality to the State in determining whether the | ||||||
16 | forfeiture of an instrumentality is disproportional to the | ||||||
17 | seriousness of the offense. | ||||||
18 | (d) If the claimant prevails in a proportionality hearing | ||||||
19 | under this Section, the court may order the property, or a | ||||||
20 | portion of the property, returned or conveyed to the claimant | ||||||
21 | as the court deems just. | ||||||
22 | (720 ILCS 5/29B-13 new) | ||||||
23 | Sec. 29B-13. Stay of time periods. If property is seized | ||||||
24 | for evidence and is subject to forfeiture, the time periods for | ||||||
25 | instituting judicial forfeiture proceedings shall not begin |
| |||||||
| |||||||
1 | until the property is no longer necessary for evidence. | ||||||
2 | (720 ILCS 5/29B-14 new) | ||||||
3 | Sec. 29B-14. Settlement of claims. Notwithstanding any | ||||||
4 | other provision of this Article, the State's Attorney and a | ||||||
5 | claimant of seized property may enter into an agreed settlement | ||||||
6 | concerning the seized property in an amount and upon the terms | ||||||
7 | as set out in writing in the settlement agreement. | ||||||
8 | (720 ILCS 5/29B-15 new) | ||||||
9 | Sec. 29B-15. Attorney's fees. Nothing in this Article shall | ||||||
10 | apply to property which constitutes reasonable bona fide | ||||||
11 | attorney's fees paid to an attorney for services rendered or to | ||||||
12 | be rendered in the forfeiture proceeding or criminal proceeding | ||||||
13 | if the property was paid before its seizure, before the | ||||||
14 | issuance of any seizure warrant, or court order prohibiting | ||||||
15 | transfer of the property and if the attorney, at the time he or | ||||||
16 | she received the property did not know that it was property | ||||||
17 | subject to forfeiture. | ||||||
18 | (720 ILCS 5/29B-16 new) | ||||||
19 | Sec. 29B-16. Construction. The General Assembly intends | ||||||
20 | the forfeiture provisions of this Article to be liberally | ||||||
21 | construed so as to effect their remedial purpose. The | ||||||
22 | forfeiture of property and other remedies shall be considered | ||||||
23 | to be in addition, and not exclusive of any sentence or other |
| |||||||
| |||||||
1 | remedy provided by law. | ||||||
2 | (720 ILCS 5/29B-17 new) | ||||||
3 | Sec. 29B-17. Judicial review. If property has been declared | ||||||
4 | forfeited under Section 29B-11 of this Article, any person who | ||||||
5 | has an interest in the property declared forfeited and whose | ||||||
6 | claimed interest in the forfeited property was not adjudicated | ||||||
7 | in the forfeiture proceeding may, within 30 days of the | ||||||
8 | effective date of the notice of the declaration of forfeiture, | ||||||
9 | file a petition to stay enforcement of the order of forfeiture | ||||||
10 | and to intervene as a claimant under Section 2-408 of the Code | ||||||
11 | of Civil Procedure. | ||||||
12 | (720 ILCS 5/29B-18 new) | ||||||
13 | Sec. 29B-18. Return of property, damages, and costs. | ||||||
14 | (a) The law enforcement agency that holds custody of | ||||||
15 | property seized for forfeiture shall return it to the claimant, | ||||||
16 | within a reasonable period of time not to exceed 5 days after | ||||||
17 | the court orders the property to be returned or conveyed to the | ||||||
18 | claimant: | ||||||
19 | (1) property ordered by the court to be conveyed or | ||||||
20 | returned to the claimant in accordance with subsection (f) | ||||||
21 | of Section 29B-11 of this Article; and | ||||||
22 | (2) property ordered by the court to be conveyed or | ||||||
23 | returned to the claimant in accordance with subsection (d) | ||||||
24 | of Section 29B-12 of this Article. |
| |||||||
| |||||||
1 | (b) The law enforcement agency that holds custody of | ||||||
2 | property described in subsection (a) of this Section is | ||||||
3 | responsible for any damages, storage fees, and related costs | ||||||
4 | applicable to the property returned. The claimant shall not be | ||||||
5 | subject to any charges by the State for storage of the property | ||||||
6 | or expenses incurred in the preservation of the property. | ||||||
7 | (720 ILCS 5/29B-19 new) | ||||||
8 | Sec. 29B-19. Distribution of proceeds; selling or | ||||||
9 | retaining seized property prohibited. | ||||||
10 | (a) Abandoned property shall be delivered to the Department | ||||||
11 | of State Police within 30 days. For purposes of this Section, | ||||||
12 | "abandoned property" means personal property left by an owner | ||||||
13 | who intentionally relinquishes all rights to its control. Real | ||||||
14 | property may not be abandoned. | ||||||
15 | (b) Except as otherwise provided in this Section, the court | ||||||
16 | shall order that property under this Article to be delivered to | ||||||
17 | the Department of State Police within 30 days. | ||||||
18 | (c) Upon motion, the court may order that a portion of the | ||||||
19 | currency seized or proceeds from public auction be used to pay | ||||||
20 | reasonable non-personnel expenses of the seizure, storage, and | ||||||
21 | maintenance of custody of any forfeited items. | ||||||
22 | (d) The Department of State Police shall dispose of all | ||||||
23 | non-currency forfeited or abandoned property at public | ||||||
24 | auction. The auction proceeds and forfeited currency shall | ||||||
25 | first be used to pay all outstanding recorded liens on the |
| |||||||
| |||||||
1 | forfeited property and then to comply with an order of the | ||||||
2 | court to pay reasonable non-personnel expenses under | ||||||
3 | subsection (c) of this Section, with all remaining funds to be | ||||||
4 | deposited into the Asset Forfeiture Proceeds Fund. | ||||||
5 | (e) A law enforcement agency shall not retain forfeited or | ||||||
6 | abandoned property for its own use or transfer that property to | ||||||
7 | any employee of the agency, to a person related to an employee | ||||||
8 | by blood or marriage, or to another law enforcement agency. | ||||||
9 | (720 ILCS 5/29B-20 new) | ||||||
10 | Sec. 29B-20. Transfer of forfeitable property to the | ||||||
11 | federal government. | ||||||
12 | (a) No State, county, municipal law enforcement agency, or | ||||||
13 | prosecuting authority may enter into an agreement to transfer | ||||||
14 | or refer seized property to a federal agency directly, | ||||||
15 | indirectly, by adoption, through an intergovernmental joint | ||||||
16 | taskforce, or by any other means for the purposes of forfeiture | ||||||
17 | litigation, and instead shall refer the seized property to | ||||||
18 | appropriate local or State prosecuting authorities for | ||||||
19 | forfeiture litigation under this Article, unless the seized | ||||||
20 | property includes U.S. currency in excess of $100,000. | ||||||
21 | (b) If the seized property includes U.S. currency in excess | ||||||
22 | of $100,000, a State, county, or municipal law enforcement | ||||||
23 | agency may refer or transfer the seized property to a federal | ||||||
24 | agency for forfeiture litigation under federal law, but nothing | ||||||
25 | in this Section shall be construed to require the referral or |
| |||||||
| |||||||
1 | transfer. | ||||||
2 | (c) Nothing in subsections (a) or (b) of this Section shall | ||||||
3 | be construed to restrict a State, county, or municipal law | ||||||
4 | enforcement agency from collaborating with a federal agency to | ||||||
5 | seize contraband or property that the law enforcement agency | ||||||
6 | has probable cause to believe is the proceeds or instruments of | ||||||
7 | a crime by adoption, through an intergovernmental joint | ||||||
8 | taskforce, or by other means. | ||||||
9 | (720 ILCS 5/29B-21 new) | ||||||
10 | Sec. 29B-21. Disposition of property and proceeds from | ||||||
11 | another jurisdiction. | ||||||
12 | (a) Forfeited property received from another jurisdiction, | ||||||
13 | including from the federal government, shall be transferred to | ||||||
14 | the Department of State Police, sold at public auction by the | ||||||
15 | Department of State Police or its designee, and deposited into | ||||||
16 | the Asset Forfeiture Proceeds Fund. | ||||||
17 | (b) Proceeds from the sale of forfeited property received | ||||||
18 | from another jurisdiction, including the federal government, | ||||||
19 | must be transferred to the Department of State Police and | ||||||
20 | deposited into the Asset Forfeiture Proceeds Fund. | ||||||
21 | (c) If federal law prohibits compliance with subsections | ||||||
22 | (a) and (b) of this Section, State and local law enforcement | ||||||
23 | agencies are prohibited from seeking or accepting forfeited | ||||||
24 | property or proceeds from the federal government. |
| |||||||
| |||||||
1 | (720 ILCS 5/29B-22 new) | ||||||
2 | Sec. 29B-22. Reporting. Property seized or forfeited under | ||||||
3 | this Article is subject to reporting under the Seizure and | ||||||
4 | Forfeiture Reporting Act. | ||||||
5 | (720 ILCS 5/33G-6) | ||||||
6 | (Section scheduled to be repealed on June 11, 2017) | ||||||
7 | Sec. 33G-6. Remedial proceedings, procedures, and | ||||||
8 | forfeiture. Under this Article: | ||||||
9 | (a) The circuit court shall have jurisdiction to prevent | ||||||
10 | and restrain violations of this Article by issuing appropriate | ||||||
11 | orders, including: | ||||||
12 | (1) ordering any person to disgorge illicit proceeds | ||||||
13 | obtained by a violation of this Article or divest himself | ||||||
14 | or herself of any interest, direct or indirect, in any | ||||||
15 | enterprise or real or personal property of any character, | ||||||
16 | including money, obtained, directly or indirectly, by a | ||||||
17 | violation of this Article; | ||||||
18 | (2) imposing reasonable restrictions on the future | ||||||
19 | activities or investments of any person or enterprise, | ||||||
20 | including prohibiting any person or enterprise from | ||||||
21 | engaging in the same type of endeavor as the person or | ||||||
22 | enterprise engaged in, that violated this Article; or | ||||||
23 | (3) ordering dissolution or reorganization of any | ||||||
24 | enterprise, making due provision for the rights of innocent | ||||||
25 | persons. |
| |||||||
| |||||||
1 | (b) Any violation of this Article is subject to the | ||||||
2 | remedies, procedures, and forfeiture as set forth in Sections | ||||||
3 | 1.1 through 21 of Article 29B subsections (f) through (s) of | ||||||
4 | Section 29B-1 of this Code. Property seized or forfeited under | ||||||
5 | this Article is subject to reporting under the Seizure and | ||||||
6 | Forfeiture Reporting Act.
| ||||||
7 | (Source: P.A. 97-686, eff. 6-11-12.)
| ||||||
8 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
9 | Sec. 36-1. Property subject to forfeiture Seizure . | ||||||
10 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
11 | subject to forfeiture under this Article may be seized and | ||||||
12 | impounded by the law enforcement agency if the vessel or | ||||||
13 | watercraft, vehicle, or aircraft is used with the knowledge
and | ||||||
14 | consent of the owner in the commission of or in the attempt to | ||||||
15 | commit as
defined in Section 8-4 of this Code: | ||||||
16 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
17 | murder), Section
9-3 (involuntary manslaughter and | ||||||
18 | reckless homicide), Section
10-2 (aggravated kidnaping), | ||||||
19 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
20 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
21 | (predatory criminal sexual assault of a child), subsection | ||||||
22 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
23 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
24 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
25 | child), Section 11-14.4 (promoting juvenile prostitution |
| |||||||
| |||||||
1 | except for keeping a place of juvenile prostitution), | ||||||
2 | Section 11-20.1 (child pornography), paragraph (a)(1), | ||||||
3 | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||||||
4 | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||||||
5 | (aggravated battery), Section
12-7.3 (stalking), Section | ||||||
6 | 12-7.4 (aggravated stalking), Section
16-1 (theft if the | ||||||
7 | theft is of precious metal or of scrap metal), subdivision | ||||||
8 | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||||||
9 | 18-2 (armed robbery), Section 19-1 (burglary), Section | ||||||
10 | 19-2 (possession of burglary tools), Section 19-3 | ||||||
11 | (residential burglary), Section 20-1 (arson; residential | ||||||
12 | arson; place of worship arson), Section 20-2 (possession of | ||||||
13 | explosives or explosive or incendiary devices), | ||||||
14 | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | ||||||
15 | of weapons), Section
24-1.2 (aggravated discharge of a | ||||||
16 | firearm), Section
24-1.2-5 (aggravated discharge of a | ||||||
17 | machine gun or a firearm equipped with a device designed or | ||||||
18 | used for silencing the report of a firearm), Section
24-1.5 | ||||||
19 | (reckless discharge of a firearm), Section 28-1 | ||||||
20 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
21 | substance) of this Code; | ||||||
22 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
23 | 26 of the Cigarette Tax
Act if the vessel or watercraft, | ||||||
24 | vehicle, or aircraft contains more than 10 cartons of
such | ||||||
25 | cigarettes; | ||||||
26 | (3) an offense prohibited by Section 28, 29, or 30 of |
| |||||||
| |||||||
1 | the Cigarette Use Tax Act if
the vessel or watercraft, | ||||||
2 | vehicle, or aircraft contains more than 10 cartons of such
| ||||||
3 | cigarettes; | ||||||
4 | (4) an offense prohibited by Section 44 of the | ||||||
5 | Environmental Protection Act; | ||||||
6 | (5) an offense prohibited by
Section 11-204.1
of the | ||||||
7 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
8 | elude a peace officer); | ||||||
9 | (6) an offense prohibited by Section 11-501 of the | ||||||
10 | Illinois Vehicle Code (driving while under the influence of | ||||||
11 | alcohol or other drug or drugs, intoxicating compound or | ||||||
12 | compounds or any combination thereof) or a similar | ||||||
13 | provision of a local ordinance, and: | ||||||
14 | (A) during a period in which his
or her driving | ||||||
15 | privileges are revoked or suspended if
the revocation | ||||||
16 | or suspension was for: | ||||||
17 | (i) Section 11-501 (driving under the | ||||||
18 | influence of alcohol or other drug or drugs, | ||||||
19 | intoxicating compound or compounds or any
| ||||||
20 | combination thereof), | ||||||
21 | (ii) Section 11-501.1 (statutory summary | ||||||
22 | suspension or revocation), | ||||||
23 | (iii) paragraph (b) of Section
11-401 (motor | ||||||
24 | vehicle accidents involving death or personal | ||||||
25 | injuries), or | ||||||
26 | (iv) reckless homicide as defined in Section |
| |||||||
| |||||||
1 | 9-3
of this Code; | ||||||
2 | (B) has been previously convicted of reckless | ||||||
3 | homicide or a similar provision of a law of another | ||||||
4 | state relating to reckless homicide in which the person | ||||||
5 | was determined to have been under the influence of | ||||||
6 | alcohol, other drug or drugs, or intoxicating compound | ||||||
7 | or compounds as an element of the offense or the person | ||||||
8 | has previously been convicted of committing a | ||||||
9 | violation of
driving under the influence of alcohol or | ||||||
10 | other drug or drugs, intoxicating compound or | ||||||
11 | compounds or any
combination thereof and was involved | ||||||
12 | in a motor vehicle accident that resulted in death, | ||||||
13 | great bodily harm, or permanent disability or | ||||||
14 | disfigurement to another, when the violation was a | ||||||
15 | proximate cause of the death or injuries; | ||||||
16 | (C) the person committed a violation of driving | ||||||
17 | under the influence of alcohol or other drug or drugs, | ||||||
18 | intoxicating compound or compounds or any
combination | ||||||
19 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
20 | Code or a similar provision for the third or subsequent
| ||||||
21 | time; | ||||||
22 | (D) he
or she did not possess a valid driver's | ||||||
23 | license or permit or a valid restricted driving permit | ||||||
24 | or a valid judicial driving permit or a valid | ||||||
25 | monitoring device driving permit; or | ||||||
26 | (E) he or she knew or should have known that the |
| |||||||
| |||||||
1 | vehicle he or she was driving was not covered by a | ||||||
2 | liability insurance policy; | ||||||
3 | (7) an offense described in subsection (g) of Section | ||||||
4 | 6-303 of the
Illinois Vehicle Code; | ||||||
5 | (8) an offense described in subsection (e) of
Section | ||||||
6 | 6-101 of the Illinois Vehicle Code; or | ||||||
7 | (9)(A) operating a watercraft under the influence of | ||||||
8 | alcohol, other drug or drugs, intoxicating compound or | ||||||
9 | compounds, or combination thereof under Section 5-16 of the | ||||||
10 | Boat Registration and Safety Act during a period in which | ||||||
11 | his or her privileges to operate a watercraft are revoked | ||||||
12 | or suspended and the revocation or suspension was for | ||||||
13 | operating a watercraft under the influence of alcohol, | ||||||
14 | other drug or drugs, intoxicating compound or compounds, or | ||||||
15 | combination thereof; (B) operating a watercraft under the | ||||||
16 | influence of alcohol, other drug or drugs, intoxicating | ||||||
17 | compound or compounds, or combination thereof and has been | ||||||
18 | previously convicted of reckless homicide or a similar | ||||||
19 | provision of a law in another state relating to reckless | ||||||
20 | homicide in which the person was determined to have been | ||||||
21 | under the influence of alcohol, other drug or drugs, | ||||||
22 | intoxicating compound or compounds, or combination thereof | ||||||
23 | as an element of the offense or the person has previously | ||||||
24 | been convicted of committing a violation of operating a | ||||||
25 | watercraft under the influence of alcohol, other drug or | ||||||
26 | drugs, intoxicating compound or compounds, or combination |
| |||||||
| |||||||
1 | thereof and was involved in an accident that resulted in | ||||||
2 | death, great bodily harm, or permanent disability or | ||||||
3 | disfigurement to another, when the violation was a | ||||||
4 | proximate cause of the death or injuries; or (C) the person | ||||||
5 | committed a violation of operating a watercraft under the | ||||||
6 | influence of alcohol, other drug or drugs, intoxicating | ||||||
7 | compound or compounds, or combination thereof under | ||||||
8 | Section 5-16 of the Boat Registration and Safety Act or a | ||||||
9 | similar provision for the third or subsequent time.
| ||||||
10 | (b) In addition, any mobile or portable equipment used in | ||||||
11 | the commission of an
act which is in violation of Section 7g of | ||||||
12 | the Metropolitan Water Reclamation
District Act shall be | ||||||
13 | subject to seizure and forfeiture under the same
procedures | ||||||
14 | provided in this Article for the seizure and forfeiture of | ||||||
15 | vessels or watercraft,
vehicles, and aircraft, and any such | ||||||
16 | equipment shall be deemed a vessel or watercraft, vehicle,
or | ||||||
17 | aircraft for purposes of this Article.
| ||||||
18 | (c) In addition, when a person discharges a firearm at | ||||||
19 | another individual from a vehicle with
the knowledge and | ||||||
20 | consent of the owner of the vehicle and with the intent to
| ||||||
21 | cause death or great bodily harm to that individual and as a | ||||||
22 | result causes
death or great bodily harm to that individual, | ||||||
23 | the vehicle shall be subject to
seizure and forfeiture under | ||||||
24 | the same procedures provided in this Article for
the seizure | ||||||
25 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
26 | (2), (3), or (4) of subsection (a) of this Section.
|
| |||||||
| |||||||
1 | (d) (Blank). If the spouse of the owner of a vehicle seized | ||||||
2 | for
an offense described in subsection (g) of Section 6-303 of | ||||||
3 | the
Illinois Vehicle Code,
a violation of
subdivision | ||||||
4 | (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of | ||||||
5 | Section 11-501 of the Illinois Vehicle
Code, or Section 9-3 of | ||||||
6 | this
Code makes a showing
that the seized vehicle is the only | ||||||
7 | source of transportation and it is
determined that the | ||||||
8 | financial hardship to the family as a result of the seizure
| ||||||
9 | outweighs the benefit to the State from the seizure, the | ||||||
10 | vehicle may be
forfeited to the spouse or family member and the | ||||||
11 | title to the vehicle shall be
transferred to the spouse or | ||||||
12 | family member who is properly licensed and who
requires the use | ||||||
13 | of the vehicle for employment or family transportation
| ||||||
14 | purposes. A written declaration of forfeiture of a vehicle | ||||||
15 | under this
Section shall be sufficient cause for the title to | ||||||
16 | be transferred to the spouse
or family member. The provisions | ||||||
17 | of this paragraph shall apply only to one
forfeiture per | ||||||
18 | vehicle. If the vehicle is the subject of a subsequent
| ||||||
19 | forfeiture proceeding by virtue of a subsequent conviction of | ||||||
20 | either spouse or
the family member, the spouse or family member | ||||||
21 | to whom the vehicle was
forfeited under the first forfeiture | ||||||
22 | proceeding may not utilize the
provisions of this paragraph in | ||||||
23 | another forfeiture proceeding. If the owner of
the vehicle | ||||||
24 | seized owns more than one vehicle,
the procedure set out in | ||||||
25 | this paragraph may be used for only one vehicle.
| ||||||
26 | (e) In addition, property subject to forfeiture declared |
| |||||||
| |||||||
1 | contraband under Section 40 of the Illinois Streetgang
| ||||||
2 | Terrorism Omnibus Prevention Act may be seized and forfeited | ||||||
3 | under the procedures under this
Article.
| ||||||
4 | (Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14; | ||||||
5 | 99-78, eff. 7-20-15.) | ||||||
6 | (720 ILCS 5/36-1.1 new) | ||||||
7 | Sec. 36-1.1. Seizure. | ||||||
8 | (a) Any property subject to forfeiture under this Article | ||||||
9 | may be seized and impounded by the Director of State Police or | ||||||
10 | any peace officer upon process or seizure warrant issued by any | ||||||
11 | court having jurisdiction over the property. | ||||||
12 | (b) Any property subject to forfeiture under this Article | ||||||
13 | may be seized and impounded by the Director of State Police or | ||||||
14 | any peace officer without process if there is probable cause to | ||||||
15 | believe that the property is subject to forfeiture under | ||||||
16 | Section 36-1 of this Article, and the property is seized under | ||||||
17 | circumstances in which a warrantless seizure or arrest would be | ||||||
18 | reasonable. | ||||||
19 | (c) If the seized property is a conveyance, an | ||||||
20 | investigation shall be made by the law enforcement agency as to | ||||||
21 | any person whose right, title, interest, or lien is of record | ||||||
22 | in the office of the agency or official in which title or | ||||||
23 | interest to the conveyance is required by law to be recorded. | ||||||
24 | (d) After seizure under this Section, notice shall be given | ||||||
25 | to all known interest holders that forfeiture proceedings, |
| |||||||
| |||||||
1 | including a preliminary review, may be instituted under this | ||||||
2 | Article. | ||||||
3 | (720 ILCS 5/36-1.2 new) | ||||||
4 | Sec. 36-1.2. Receipt for seized property.
When a law | ||||||
5 | enforcement officer seizes property for forfeiture, the | ||||||
6 | officer shall provide an itemized receipt to the person | ||||||
7 | possessing the property or, in the absence of a person to whom | ||||||
8 | the receipt could be given, shall leave the receipt in the | ||||||
9 | place where the property was found, if possible. | ||||||
10 | (720 ILCS 5/36-1.3 new) | ||||||
11 | Sec. 36-1.3. Safekeeping of seized property pending | ||||||
12 | disposition. | ||||||
13 | (a) Property seized under this Article is deemed to be in | ||||||
14 | the custody of the seizing agency subject only to the order and | ||||||
15 | judgments of the circuit court having jurisdiction over the | ||||||
16 | forfeiture proceedings and the decisions of the State's | ||||||
17 | Attorney under this Article. | ||||||
18 | (b) When property is seized, the seizing agency shall | ||||||
19 | promptly conduct an inventory of the seized property and | ||||||
20 | estimate the property's value, and shall: | ||||||
21 | (1) place the property under seal; | ||||||
22 | (2) remove the property to a place designated by the | ||||||
23 | seizing agency; | ||||||
24 | (3) keep the property in the possession of the seizing |
| |||||||
| |||||||
1 | agency; | ||||||
2 | (4) remove the property to a storage area for | ||||||
3 | safekeeping; | ||||||
4 | (5) place the property under constructive seizure by | ||||||
5 | posting notice of pending forfeiture on it, by giving | ||||||
6 | notice of pending forfeiture to its owners and interest | ||||||
7 | holders, or by filing notice of pending forfeiture in any | ||||||
8 | appropriate public record relating to the property; or | ||||||
9 | (6) provide for another agency or custodian, including | ||||||
10 | an owner, secured party, or lienholder, to take custody of | ||||||
11 | the property upon the terms and conditions set by the | ||||||
12 | seizing agency. | ||||||
13 | (c) Property seized under this Article shall be kept by the | ||||||
14 | custodian in a manner to protect it from theft or damage and, | ||||||
15 | if ordered by the court, insured against those risks. | ||||||
16 | (d) Property seized under this Article is subject to | ||||||
17 | reporting under the Seizure and Forfeiture Reporting Act. | ||||||
18 | (720 ILCS 5/36-1.4 new) | ||||||
19 | Sec. 36-1.4. Notice to State's Attorney. The law | ||||||
20 | enforcement agency seizing property for forfeiture under this | ||||||
21 | Article shall, as soon as practicable but not later than 48 | ||||||
22 | hours after the seizure, notify the State's Attorney for the | ||||||
23 | county in which an act or omission giving rise to the seizure | ||||||
24 | occurred or in which the property was seized and the facts and | ||||||
25 | circumstances giving rise to the seizure occurred, and shall |
| |||||||
| |||||||
1 | provide the State's Attorney with the inventory of the property | ||||||
2 | and its estimated value. If the property seized for forfeiture | ||||||
3 | is a vehicle, the law enforcement agency seizing the property | ||||||
4 | shall immediately notify the Secretary of State that forfeiture | ||||||
5 | proceedings are pending. | ||||||
6 | (720 ILCS 5/36-1.5) | ||||||
7 | Sec. 36-1.5. Preliminary review. | ||||||
8 | (a) Within 14 days of the seizure, the State's Attorney in | ||||||
9 | the county in which the seizure occurred shall seek a | ||||||
10 | preliminary determination from the circuit court as to whether | ||||||
11 | there is probable cause that the property may be subject to | ||||||
12 | forfeiture. | ||||||
13 | (b) The rules of evidence shall not apply to any proceeding | ||||||
14 | conducted under this Section. | ||||||
15 | (c) The court may conduct the review under subsection (a) | ||||||
16 | simultaneously with a proceeding pursuant to Section 109-1 of | ||||||
17 | the Code of Criminal Procedure of 1963 for a related criminal | ||||||
18 | offense if a prosecution is commenced by information or | ||||||
19 | complaint. | ||||||
20 | (d) The court may accept a finding of probable cause at a | ||||||
21 | preliminary hearing following the filing of an information or | ||||||
22 | complaint charging a related criminal offense or following the | ||||||
23 | return of indictment by a grand jury charging the related | ||||||
24 | offense as sufficient evidence of probable cause as required | ||||||
25 | under subsection (a). |
| |||||||
| |||||||
1 | (e) Upon making a finding of probable cause as required | ||||||
2 | under this Section, the circuit court shall order the property | ||||||
3 | subject to the provisions of the applicable forfeiture Act held | ||||||
4 | until the conclusion of any forfeiture proceeding. | ||||||
5 | For seizures of conveyances, at any time after within 7 | ||||||
6 | days of a finding of probable cause under subsection (a), but | ||||||
7 | at least 60 days before the trial of the forfeiture case, the | ||||||
8 | registered owner or other claimant may file a motion in writing | ||||||
9 | supported by sworn affidavits claiming that denial of the use | ||||||
10 | of the conveyance during the pendency of the forfeiture | ||||||
11 | proceedings creates a substantial hardship. The court shall | ||||||
12 | consider the following factors in determining whether a | ||||||
13 | substantial hardship has been proven: | ||||||
14 | (1) the nature of the claimed hardship; | ||||||
15 | (2) the availability of public transportation or other | ||||||
16 | available means of transportation; and | ||||||
17 | (3) any available alternatives to alleviate the | ||||||
18 | hardship other than the return of the seized conveyance. | ||||||
19 | If the court determines that a substantial hardship has | ||||||
20 | been proven, the court shall then balance the nature of the | ||||||
21 | hardship against the State's interest in safeguarding the | ||||||
22 | conveyance. If the court determines that the hardship outweighs | ||||||
23 | the State's interest in safeguarding the conveyance, the court | ||||||
24 | may temporarily release the conveyance to the registered owner | ||||||
25 | or the registered owner's authorized designee, or both, until | ||||||
26 | the conclusion of the forfeiture proceedings or for such |
| |||||||
| |||||||
1 | shorter period as ordered by the court provided that the person | ||||||
2 | to whom the conveyance is released provides proof of insurance | ||||||
3 | and a valid driver's license and all State and local | ||||||
4 | registrations for operation of the conveyance are current. The | ||||||
5 | court may shall place conditions on the conveyance limiting its | ||||||
6 | use to the stated hardship and restricting the conveyance's use | ||||||
7 | to only those individuals authorized to use the conveyance by | ||||||
8 | the registered owner. The court may shall revoke the order | ||||||
9 | releasing the conveyance and order that the conveyance be | ||||||
10 | reseized by law enforcement if the conditions of release are | ||||||
11 | violated or if the conveyance is used in the commission of any | ||||||
12 | offense identified in subsection (a) of Section 6-205 of the | ||||||
13 | Illinois Vehicle Code. | ||||||
14 | If the court orders the release of the conveyance during | ||||||
15 | the pendency of the forfeiture proceedings, the registered | ||||||
16 | owner or his or her authorized designee shall post a cash | ||||||
17 | security with the Clerk of the Court as ordered by the court. | ||||||
18 | The court shall consider the following factors in determining | ||||||
19 | the amount of the cash security: | ||||||
20 | (A) the full market value of the conveyance; | ||||||
21 | (B) the nature of the hardship; | ||||||
22 | (C) the extent and length of the usage of the | ||||||
23 | conveyance; and | ||||||
24 | (D) such other conditions as the court deems necessary | ||||||
25 | to safeguard the conveyance. | ||||||
26 | If the conveyance is released, the court shall order that |
| |||||||
| |||||||
1 | the registered owner or his or her designee safeguard the | ||||||
2 | conveyance, not remove the conveyance from the jurisdiction, | ||||||
3 | not conceal, destroy, or otherwise dispose of the conveyance, | ||||||
4 | not encumber the conveyance, and not diminish the value of the | ||||||
5 | conveyance in any way. The court shall also make a | ||||||
6 | determination of the full market value of the conveyance prior | ||||||
7 | to it being released based on a source or sources defined in 50 | ||||||
8 | Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B). | ||||||
9 | If the conveyance subject to forfeiture is released under | ||||||
10 | this Section and is subsequently forfeited, the person to whom | ||||||
11 | the conveyance was released shall return the conveyance to the | ||||||
12 | law enforcement agency that seized the conveyance within 7 days | ||||||
13 | from the date of the declaration of forfeiture or order of | ||||||
14 | forfeiture. If the conveyance is not returned within 7 days, | ||||||
15 | the cash security shall be forfeited in the same manner as the | ||||||
16 | conveyance subject to forfeiture. If the cash security was less | ||||||
17 | than the full market value, a judgment shall be entered against | ||||||
18 | the parties to whom the conveyance was released and the | ||||||
19 | registered owner, jointly and severally, for the difference | ||||||
20 | between the full market value and the amount of the cash | ||||||
21 | security. If the conveyance is returned in a condition other | ||||||
22 | than the condition in which it was released, the cash security | ||||||
23 | shall be returned to the surety who posted the security minus | ||||||
24 | the amount of the diminished value, and that amount shall be | ||||||
25 | forfeited in the same manner as the conveyance subject to | ||||||
26 | forfeiture. Additionally, the court may enter an order allowing |
| |||||||
| |||||||
1 | any law enforcement agency in the State of Illinois to seize | ||||||
2 | the conveyance wherever it may be found in the State to satisfy | ||||||
3 | the judgment if the cash security was less than the full market | ||||||
4 | value of the conveyance.
| ||||||
5 | (Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12; | ||||||
6 | 98-1020, eff. 8-22-14.) | ||||||
7 | (720 ILCS 5/36-1.6 new) | ||||||
8 | Sec. 36-1.6. Replevin hearing. | ||||||
9 | (a) At any time following the seizure of property under | ||||||
10 | this Article, but at least 60 days prior to trial of the | ||||||
11 | forfeiture case, any person who claims an ownership interest in | ||||||
12 | the property may claim the right to possession of the property | ||||||
13 | by motion to the court to issue a writ of replevin. The movant | ||||||
14 | shall file a motion establishing the validity of his or her | ||||||
15 | alleged interest in the property. | ||||||
16 | (b) The court shall hear the motion no more than 30 days | ||||||
17 | after the motion is filed. | ||||||
18 | (c) If the motion for replevin is heard prior to the | ||||||
19 | preliminary review under Section 36-1.5 of this Code, the State | ||||||
20 | shall file a response showing probable cause for the seizure at | ||||||
21 | least 10 days before the hearing. | ||||||
22 | (d) Either party may, by agreement or for good cause, move | ||||||
23 | the court for one extension of no more than 10 days. The motion | ||||||
24 | may be supported by affidavits or other submissions. | ||||||
25 | (e) The court shall issue a writ of replevin if it finds |
| |||||||
| |||||||
1 | that: | ||||||
2 | (1) it is likely the final judgment will require the | ||||||
3 | State to return the property to the claimant; or | ||||||
4 | (2) the property is the only reasonable means for a | ||||||
5 | defendant to pay for legal representation in the forfeiture | ||||||
6 | proceeding. At the court's discretion, it may order the | ||||||
7 | return of property sufficient to obtain legal counsel but | ||||||
8 | less than the total amount seized, and require an | ||||||
9 | accounting.
| ||||||
10 | (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
| ||||||
11 | Sec. 36-2. Complaint of Action for forfeiture. | ||||||
12 | (a) If the The State's Attorney in the county in which the | ||||||
13 | such seizure occurs
if he or she finds that the alleged | ||||||
14 | violation of law giving rise to the seizure forfeiture was | ||||||
15 | incurred without willful negligence
or without any intention on | ||||||
16 | the part of the owner of the vessel or watercraft, vehicle
or | ||||||
17 | aircraft or any person whose right, title or interest is of | ||||||
18 | record as
described in Section 36-1 of this Article , to violate | ||||||
19 | the law, or finds the existence of
such mitigating | ||||||
20 | circumstances as to justify remission of the forfeiture,
he or | ||||||
21 | she shall may cause the law enforcement agency having custody | ||||||
22 | of the property to return the property to the owner within a | ||||||
23 | reasonable time not to exceed 5 days to remit the same upon | ||||||
24 | such terms and conditions
as the State's Attorney deems | ||||||
25 | reasonable and just . The State's Attorney
shall exercise his or |
| |||||||
| |||||||
1 | her discretion under this subsection the foregoing provision of | ||||||
2 | this
Section 36-2(a) prior to or promptly after the preliminary | ||||||
3 | review under Section 36-1.5 of this Article . | ||||||
4 | (b) If , after review of the facts surrounding the seizure, | ||||||
5 | the State's Attorney is of the opinion that seized property is | ||||||
6 | subject to forfeiture and the State's Attorney does not cause | ||||||
7 | the forfeiture to
be remitted under subsection (a) of this | ||||||
8 | Section, he or she shall forthwith bring an action for | ||||||
9 | forfeiture in the
Circuit Court within whose jurisdiction the | ||||||
10 | seizure and confiscation has
taken place by filing a complaint | ||||||
11 | of forfeiture proceeding as soon as practicable but not later | ||||||
12 | than 30 days after a finding of probable cause at a preliminary | ||||||
13 | review under Section 36-1.5 of this Article. A complaint of | ||||||
14 | forfeiture proceeding shall include: | ||||||
15 | (1) a description of the property seized; | ||||||
16 | (2) the date and place of seizure of the property; | ||||||
17 | (3) the name and address of the law enforcement agency | ||||||
18 | making the seizure; | ||||||
19 | (4) the specific statutory and factual grounds for the | ||||||
20 | seizure; | ||||||
21 | (5) whether the property was seized under an order of | ||||||
22 | seizure, and if the property was seized without an order of | ||||||
23 | seizure, an affidavit from a law enforcement officer | ||||||
24 | stating the factual and legal grounds for the seizure; | ||||||
25 | (6) in the complaint caption and in the complaint, the | ||||||
26 | names of persons known to the State who may claim an |
| |||||||
| |||||||
1 | interest in the property and the basis for each person's | ||||||
2 | alleged interest; and | ||||||
3 | (7) a summary of procedures and procedural rights | ||||||
4 | applicable to the forfeiture action. | ||||||
5 | (b-1) The complaint shall be served upon the person from | ||||||
6 | whom the property was seized, upon each person whose right, | ||||||
7 | title, or interest is of record in the office of the Secretary | ||||||
8 | of State, the Secretary of Transportation, the Administrator of | ||||||
9 | the Federal Aviation Agency, or any other department of this | ||||||
10 | State, or any other state of the United States if the vessel or | ||||||
11 | watercraft, vehicle, or aircraft is required to be so | ||||||
12 | registered, as the case may be, and upon all persons known or | ||||||
13 | reasonably believed by the State to claim an interest in the | ||||||
14 | property, under Article II, Part 2, of the Code of Civil | ||||||
15 | Procedure . The State's Attorney shall give notice of seizure | ||||||
16 | and the forfeiture proceeding to each person according to the | ||||||
17 | following method: upon each person whose right, title, or | ||||||
18 | interest is of record in the office of the Secretary of State, | ||||||
19 | the Secretary of Transportation, the Administrator of the | ||||||
20 | Federal Aviation Agency, or any other department of this State, | ||||||
21 | or any other state of the United States if the vessel or | ||||||
22 | watercraft, vehicle, or aircraft is required to be so | ||||||
23 | registered, as the case may be, by delivering the notice and | ||||||
24 | complaint in open court or by certified mail to the address as | ||||||
25 | given upon the records of the Secretary of State, the Division | ||||||
26 | of Aeronautics of the Department of Transportation, the Capital |
| |||||||
| |||||||
1 | Development Board, or any other department of this State or the | ||||||
2 | United States if the vessel or watercraft, vehicle, or aircraft | ||||||
3 | is required to be so registered. | ||||||
4 | (c) (Blank). The owner of the seized vessel or watercraft, | ||||||
5 | vehicle, or aircraft or any person
whose right, title, or | ||||||
6 | interest is of record as described in Section
36-1, may within | ||||||
7 | 20 days after delivery in open court or the mailing of such | ||||||
8 | notice file a
verified answer to the Complaint and may appear | ||||||
9 | at the hearing on the
action for forfeiture. | ||||||
10 | (d) (Blank). The State shall show at such hearing by a
| ||||||
11 | preponderance of the evidence, that such vessel or watercraft, | ||||||
12 | vehicle, or aircraft was
used in the commission of an offense | ||||||
13 | described in Section 36-1. | ||||||
14 | (e) (Blank). The
owner of such vessel or watercraft, | ||||||
15 | vehicle, or aircraft or any person whose right,
title, or | ||||||
16 | interest is of record as described in Section 36-1, may show
by | ||||||
17 | a preponderance of the evidence that he did not know, and did | ||||||
18 | not
have reason to know, that the vessel or watercraft, | ||||||
19 | vehicle, or aircraft was to be used
in the commission of such | ||||||
20 | an offense or that any of the exceptions set
forth in Section | ||||||
21 | 36-3 are applicable. | ||||||
22 | (f) (Blank). Unless the State shall make such
showing, the | ||||||
23 | Court shall order such vessel or watercraft, vehicle, or | ||||||
24 | aircraft released
to the owner. Where the State has made such | ||||||
25 | showing, the Court may order
the vessel or watercraft, vehicle, | ||||||
26 | or aircraft destroyed or may order it forfeited to
any local, |
| |||||||
| |||||||
1 | municipal or county law enforcement agency, or the Department
| ||||||
2 | of State Police or the Department of Revenue of
the State of | ||||||
3 | Illinois.
| ||||||
4 | (g) (Blank). A copy of the order shall be filed with the | ||||||
5 | law enforcement agency, and with each Federal or State office
| ||||||
6 | or agency with which such vessel or watercraft, vehicle, or | ||||||
7 | aircraft is required to be
registered. Such order, when filed, | ||||||
8 | constitutes authority for the
issuance of clear title to such | ||||||
9 | vessel or watercraft, vehicle, or aircraft, to the
department | ||||||
10 | or agency to whom it is delivered or any purchaser thereof.
The | ||||||
11 | law enforcement agency shall comply promptly with instructions | ||||||
12 | to remit received
from the State's Attorney or Attorney General | ||||||
13 | in accordance with
Sections 36-2(a) or 36-3.
| ||||||
14 | (h) (Blank). The proceeds of any sale at public auction | ||||||
15 | pursuant to Section
36-2 of this Act, after payment of all | ||||||
16 | liens and deduction of the
reasonable charges and expenses | ||||||
17 | incurred by the State's Attorney's Office shall be paid to the | ||||||
18 | law enforcement agency having seized the vehicle for | ||||||
19 | forfeiture.
| ||||||
20 | (Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14; | ||||||
21 | 99-78, eff. 7-20-15.)
| ||||||
22 | (720 ILCS 5/36-2.1 new) | ||||||
23 | Sec. 36-2.1. Judicial procedures. The following judicial | ||||||
24 | procedures shall apply to property seized under this Article: | ||||||
25 | (a) A judgment of forfeiture requires as a condition |
| |||||||
| |||||||
1 | precedent that a defendant be convicted in an underlying or | ||||||
2 | related criminal action of an offense for which forfeiture is | ||||||
3 | authorized under Section 36-1 of this Article. The court may | ||||||
4 | waive the conviction requirement if the State shows by clear | ||||||
5 | and convincing evidence that the defendant: | ||||||
6 | (1) died; | ||||||
7 | (2) was deported by the United States government; | ||||||
8 | (3) is granted immunity in exchange for testifying or | ||||||
9 | otherwise assisting a law enforcement investigation or | ||||||
10 | prosecution; or | ||||||
11 | (4) fled the jurisdiction after being charged with an | ||||||
12 | offense for which forfeiture is authorized and released on | ||||||
13 | bail. | ||||||
14 | A defendant convicted in any criminal proceeding is | ||||||
15 | precluded from later denying the essential allegations of the | ||||||
16 | criminal offense of which the defendant was convicted in any | ||||||
17 | proceeding under this Article, regardless of the pendency of an | ||||||
18 | appeal from that conviction. However, evidence of the pendency | ||||||
19 | of an appeal is admissible. | ||||||
20 | (b) The court shall stay civil forfeiture proceedings | ||||||
21 | during the criminal trial for a related criminal indictment, | ||||||
22 | complaint, or information alleging a violation of law giving | ||||||
23 | rise to forfeiture under Section 36-1 of this Article. A stay | ||||||
24 | shall not be available pending an appeal. Property subject to | ||||||
25 | forfeiture under Section 36-1 of this Article is not subject to | ||||||
26 | return or release by a court exercising jurisdiction over a |
| |||||||
| |||||||
1 | criminal case involving the seizure of the property unless the | ||||||
2 | return or release is consented to by the State's Attorney. Upon | ||||||
3 | dismissal of all related criminal proceedings underlying the | ||||||
4 | alleged violation of this Article giving rise to forfeiture, | ||||||
5 | the State's Attorney shall immediately move for dismissal of | ||||||
6 | the forfeiture action. | ||||||
7 | (c) Only an owner of or interest holder in the property may | ||||||
8 | file an answer. For purposes of this Article, the owner or | ||||||
9 | interest holder shall be referred to as claimant. A person not | ||||||
10 | named in the forfeiture complaint who claims to have an | ||||||
11 | interest in the property may petition to intervene as a | ||||||
12 | claimant under Section 2-408 of the Code of Civil Procedure. | ||||||
13 | (d) The answer must be signed by the owner or interest | ||||||
14 | holder under penalty of perjury and must set forth: | ||||||
15 | (1) the caption of the proceedings as set forth on the | ||||||
16 | notice of pending forfeiture and the name of the claimant; | ||||||
17 | (2) the address at which the claimant will accept mail; | ||||||
18 | (3) the nature and extent of the claimant's interest in | ||||||
19 | the property; | ||||||
20 | (4) the date, identity of transferor, and | ||||||
21 | circumstances of the claimant's acquisition of the | ||||||
22 | interest in the property; | ||||||
23 | (5) the name and address of all other persons known to | ||||||
24 | have an interest in the property; | ||||||
25 | (6) if applicable, the specific provisions of Section | ||||||
26 | 36-3 of this Article relied upon in asserting that the |
| |||||||
| |||||||
1 | property is exempt from forfeiture; | ||||||
2 | (7) all essential facts supporting each assertion; and | ||||||
3 | (8) the precise relief sought. | ||||||
4 | (e) The answer must be filed with the court within 45 days | ||||||
5 | after service of the complaint of forfeiture. | ||||||
6 | (f) The trial must be held within 60 days after filing of | ||||||
7 | the answer unless continued for good cause. | ||||||
8 | (g) The State shall have the burden of proving by clear and | ||||||
9 | convincing evidence that the property is subject to forfeiture | ||||||
10 | under Section 36-1 of this Article. | ||||||
11 | (h) If the State does not meet its burden of proof, the | ||||||
12 | court shall order the interest in the property returned or | ||||||
13 | conveyed to the claimant. | ||||||
14 | (i) If the State meets its burden of proof, then the court | ||||||
15 | shall order the property forfeited to the State. A copy of the | ||||||
16 | order shall be filed with the law enforcement agency, and with | ||||||
17 | each federal or State office or agency with which the vessel or | ||||||
18 | watercraft, vehicle, or aircraft is required to be registered. | ||||||
19 | The order, when filed, constitutes authority for the issuance | ||||||
20 | of clear title to the vessel or watercraft, vehicle, or | ||||||
21 | aircraft, to the department or agency to whom it is delivered | ||||||
22 | or any purchaser. The law enforcement agency shall comply with | ||||||
23 | instructions to remit received from the State's Attorney or | ||||||
24 | Attorney General under subsection (a) of Section 36-2 or 36-4 | ||||||
25 | of this Article within a reasonable time not to exceed 5 days. | ||||||
26 | (j) Property subject to forfeiture under this Article is |
| |||||||
| |||||||
1 | not subject to return or release by a court exercising | ||||||
2 | jurisdiction over a criminal case involving the seizure of the | ||||||
3 | property unless the return or release is consented to by the | ||||||
4 | State's Attorney. | ||||||
5 | (k) Provisional title to all property declared forfeited | ||||||
6 | under this Article vests in the State on the commission of the | ||||||
7 | conduct giving rise to forfeiture together with the proceeds of | ||||||
8 | the property after that time. Except as otherwise provided in | ||||||
9 | this Article, any property or proceeds subsequently | ||||||
10 | transferred to any person remain subject to forfeiture and | ||||||
11 | thereafter shall be ordered forfeited. A claimant who acquired, | ||||||
12 | as a transferee, an ownership interest in property that is the | ||||||
13 | subject of forfeiture proceedings under this Article after the | ||||||
14 | commission of the underlying violation of law giving rise to | ||||||
15 | forfeiture under this Article, shall be barred from asserting | ||||||
16 | that his or her interest in the property is exempt from | ||||||
17 | forfeiture under subsection (c) of Section 36-3 of this | ||||||
18 | Article, unless the claimant shows by a preponderance of the | ||||||
19 | evidence that he or she acquired the interest as a mortgagee, | ||||||
20 | secured creditor, lienholder, or bona fide purchaser, without | ||||||
21 | knowledge of the seizure of the property and without notice of | ||||||
22 | any defect in title. | ||||||
23 | (l) A civil action under this Article must be commenced | ||||||
24 | within 5 years after the last conduct giving rise to forfeiture | ||||||
25 | became known or should have become known or 5 years after the | ||||||
26 | forfeitable property is discovered, whichever is later, |
| |||||||
| |||||||
1 | excluding any time during which either the property or claimant | ||||||
2 | is out of the State or in confinement or during which criminal | ||||||
3 | proceedings relating to the same conduct are in progress. | ||||||
4 | (m) A claimant is not jointly and severally liable for | ||||||
5 | forfeiture awards owed by other claimants. If ownership is | ||||||
6 | unclear, a court may order each claimant to forfeit property on | ||||||
7 | a pro rata basis or by another means the court finds equitable.
| ||||||
8 | (720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
| ||||||
9 | Sec. 36-3. Exemptions from Exceptions to forfeiture.
| ||||||
10 | (a) No vessel or watercraft, vehicle, or aircraft used by | ||||||
11 | any person as a common
carrier in the transaction of business | ||||||
12 | as such common carrier may be
forfeited under the provisions of | ||||||
13 | Section 36-2 of this Article unless the State proves by clear | ||||||
14 | and convincing evidence it appears that (1)
in the case of a | ||||||
15 | railway car or engine, the owner, or (2) in the case of
any | ||||||
16 | other such vessel or watercraft, vehicle or aircraft, the owner | ||||||
17 | or the master of such
vessel or watercraft or the owner or | ||||||
18 | conductor, driver, pilot, or other person in charge
of such | ||||||
19 | vehicle or aircraft was at the time of the alleged illegal act | ||||||
20 | a
consenting party or privy thereto.
| ||||||
21 | (b) No vessel or watercraft, vehicle, or aircraft shall be | ||||||
22 | forfeited under the
provisions of Section 36-2 of this Article | ||||||
23 | by reason of any act or omission established by
the owner | ||||||
24 | thereof to have been committed or omitted by any person other
| ||||||
25 | than such owner while such vessel or watercraft, vehicle, or |
| |||||||
| |||||||
1 | aircraft was unlawfully in
the possession of a person who | ||||||
2 | acquired possession thereof in violation of
the criminal laws | ||||||
3 | of the United States, or of any state.
| ||||||
4 | (c) Notwithstanding any provision of law to the contrary, | ||||||
5 | the property of an innocent owner shall not be forfeited under | ||||||
6 | this Article. Except as otherwise provided in subsection (k) of | ||||||
7 | Section 36-2.1 of this Article, no property interest shall be | ||||||
8 | subject to forfeiture under this Article unless the State | ||||||
9 | proves by clear and convincing evidence that the violation of | ||||||
10 | law giving rise to forfeiture under Section 36-1 of this | ||||||
11 | Article was committed with the knowledge and consent of the | ||||||
12 | owner. | ||||||
13 | (d) Homesteaded real property, a motor vehicle of less than | ||||||
14 | $10,000 in market value, or United States currency totaling | ||||||
15 | $200 or less is not subject to forfeiture under this Article. | ||||||
16 | (Source: P.A. 98-699, eff. 1-1-15 .)
| ||||||
17 | (720 ILCS 5/36-3.1 new) | ||||||
18 | Sec. 36-3.1. Proportionality hearing. | ||||||
19 | (a) If property has been declared forfeited under Section | ||||||
20 | 36-2.1 of this Article, a claimant may, within 30 days of the | ||||||
21 | effective date of the judgment of forfeiture, petition the | ||||||
22 | court that the forfeiture is grossly disproportional to the | ||||||
23 | seriousness of the offense. The claimant shall bear the burden | ||||||
24 | of persuasion by a preponderance of the evidence at a hearing | ||||||
25 | conducted by the court without a jury. In determining whether |
| |||||||
| |||||||
1 | the forfeiture is excessive, the court may consider all | ||||||
2 | relevant factors, including, but not limited to: | ||||||
3 | (1) the seriousness of the offense and its impact on | ||||||
4 | the community, including the duration of the activity and | ||||||
5 | the harm caused by the claimant; | ||||||
6 | (2) the extent to which the claimant participated in | ||||||
7 | the offense; | ||||||
8 | (3) the extent to which the property was used in | ||||||
9 | committing the offense; | ||||||
10 | (4) the sentence imposed for committing the crime | ||||||
11 | subject to forfeiture; and | ||||||
12 | (5) whether the offense was completed or attempted. | ||||||
13 | (b) In determining the value of the property subject to | ||||||
14 | forfeiture, the court may consider all relevant factors, | ||||||
15 | including, but not limited to: | ||||||
16 | (1) the fair market value of the property; | ||||||
17 | (2) the value of the property to the claimant, | ||||||
18 | including hardship to the claimant if the forfeiture is | ||||||
19 | realized; and | ||||||
20 | (3) the hardship from the loss of the property to the | ||||||
21 | claimant's family members or others if the property is | ||||||
22 | forfeited. | ||||||
23 | (c) The court may not consider the monetary value of the | ||||||
24 | property to the State in determining whether the forfeiture of | ||||||
25 | property is disproportional to the seriousness of the offense. | ||||||
26 | (d) If the claimant prevails in a proportionality hearing |
| |||||||
| |||||||
1 | under this Section, the court may: | ||||||
2 | (1) order the property returned or conveyed to the | ||||||
3 | claimant; or | ||||||
4 | (2) order that the property be sold and the proceeds | ||||||
5 | divided between the claimant and the State in a manner as | ||||||
6 | the court deems just and equitable. | ||||||
7 | (720 ILCS 5/36-3.2 new) | ||||||
8 | Sec. 36-3.2. Forfeiture to spouse or family member.
If the | ||||||
9 | spouse of the owner of a vehicle seized for an offense | ||||||
10 | described in subsection (g) of Section 6-303 of the Illinois | ||||||
11 | Vehicle Code, a violation of subparagraph (A), (D), (G), (H), | ||||||
12 | or (I) of paragraph (1) of subsection (d) of Section 11-501 of | ||||||
13 | the Illinois Vehicle Code, or Section 9-3 of this Code makes a | ||||||
14 | showing that the seized vehicle is the only source of | ||||||
15 | transportation and it is determined that the financial hardship | ||||||
16 | to the family as a result of the seizure outweighs the benefit | ||||||
17 | to the State from the seizure, the vehicle may be forfeited to | ||||||
18 | the spouse or family member and the title to the vehicle shall | ||||||
19 | be transferred to the spouse or family member who is properly | ||||||
20 | licensed and who requires the use of the vehicle for employment | ||||||
21 | or family transportation purposes. A written declaration of | ||||||
22 | forfeiture of a vehicle under this Section shall be sufficient | ||||||
23 | cause for the title to be transferred to the spouse or family | ||||||
24 | member. This Section applies only to one forfeiture per | ||||||
25 | vehicle. If the vehicle is the subject of a subsequent |
| |||||||
| |||||||
1 | forfeiture proceeding by virtue of a subsequent conviction of | ||||||
2 | either spouse or the family member, the spouse or family member | ||||||
3 | to whom the vehicle was forfeited under the first forfeiture | ||||||
4 | proceeding may not utilize this Section in another forfeiture | ||||||
5 | proceeding. If the owner of the vehicle seized owns more than | ||||||
6 | one vehicle, the procedure set out in this Section may be used | ||||||
7 | for only one vehicle. | ||||||
8 | (720 ILCS 5/36-6 new) | ||||||
9 | Sec. 36-6. Return of property; damages and costs. | ||||||
10 | (a) The law enforcement agency that holds custody of | ||||||
11 | property seized for forfeiture shall return to the claimant, | ||||||
12 | within a reasonable period of time not to exceed 5 days after | ||||||
13 | the court orders the property to be returned or conveyed to the | ||||||
14 | claimant: | ||||||
15 | (1) property ordered by the court to be conveyed or | ||||||
16 | returned to the claimant under subsection (h) of Section | ||||||
17 | 36-2.1 of this Article; and | ||||||
18 | (2) property ordered by the court to be conveyed or | ||||||
19 | returned to the claimant under subsection (d) of Section | ||||||
20 | 36-3.1 of this Article. | ||||||
21 | (b) The law enforcement agency that holds custody of | ||||||
22 | property seized under this Article is responsible for any | ||||||
23 | damages, storage fees, and related costs applicable to property | ||||||
24 | returned to a claimant under this Article. The claimant shall | ||||||
25 | not be subject to any charges by the State for storage of the |
| |||||||
| |||||||
1 | property or expenses incurred in the preservation of the | ||||||
2 | property. | ||||||
3 | (720 ILCS 5/36-7 new) | ||||||
4 | Sec. 36-7. Abandoned property. Abandoned property shall be | ||||||
5 | delivered to the Department of State Police within 30 days. For | ||||||
6 | purposes of this Section, "abandoned property" means personal | ||||||
7 | property left by an owner who intentionally relinquishes all | ||||||
8 | rights to its control. Real property may not be abandoned. | ||||||
9 | (720 ILCS 5/36-8 new) | ||||||
10 | Sec. 36-8. Distribution of proceeds; selling or retaining | ||||||
11 | seized property prohibited. | ||||||
12 | (a) Except as otherwise provided in this Section, the court | ||||||
13 | shall order that property forfeited under this Article be | ||||||
14 | delivered to the Department of State Police within 30 days. | ||||||
15 | (b) Upon motion, the court may order that a portion of the | ||||||
16 | currency seized or proceeds from public auction be used to pay | ||||||
17 | reasonable non-personnel expenses of the seizure, storage, and | ||||||
18 | maintenance of custody of any forfeited items. | ||||||
19 | (c) The Department of State Police or its designee shall | ||||||
20 | dispose of all forfeited and abandoned conveyances at public | ||||||
21 | auction. The auction proceeds shall first be used to pay all | ||||||
22 | outstanding recorded liens on the conveyance, then to comply | ||||||
23 | with an order of the court to pay reasonable non-personnel | ||||||
24 | expenses, with all remaining funds to be deposited into the |
| |||||||
| |||||||
1 | Asset Forfeiture Proceeds Fund. | ||||||
2 | (d) A law enforcement agency shall not retain a forfeited | ||||||
3 | or abandoned conveyance for its own use or transfer the | ||||||
4 | conveyance to any employee of the agency, to a person related | ||||||
5 | to an employee by blood or marriage, or to another law | ||||||
6 | enforcement agency. | ||||||
7 | (720 ILCS 5/36-9 new) | ||||||
8 | Sec. 36-9. Reporting.
Property seized or forfeited under | ||||||
9 | this Article is subject to reporting under the Seizure and | ||||||
10 | Forfeiture Reporting Act.
| ||||||
11 | (720 ILCS 5/47-15)
| ||||||
12 | Sec. 47-15. Dumping garbage upon real property.
| ||||||
13 | (a) It is unlawful for a person to dump, deposit, or place | ||||||
14 | garbage,
rubbish, trash, or refuse upon real property not owned | ||||||
15 | by
that person without the consent of the owner or person in | ||||||
16 | possession of the
real property.
| ||||||
17 | (b) A person who violates this Section is liable to the | ||||||
18 | owner or person in
possession of the real property on which the | ||||||
19 | garbage, rubbish,
trash, or refuse is dumped, deposited, or | ||||||
20 | placed for the reasonable costs
incurred by the owner or person | ||||||
21 | in possession for cleaning up and properly
disposing of the | ||||||
22 | garbage, rubbish, trash, or refuse, and for
reasonable | ||||||
23 | attorneys' fees.
| ||||||
24 | (c) A person violating this Section is guilty of a Class B |
| |||||||
| |||||||
1 | misdemeanor for
which the court must impose a minimum fine of | ||||||
2 | $500. A
second conviction for an offense committed after the | ||||||
3 | first conviction is a
Class A misdemeanor for which the court | ||||||
4 | must impose a minimum fine of $500.
A third or subsequent | ||||||
5 | violation, committed after a second
conviction, is a Class 4 | ||||||
6 | felony for which the court must impose a minimum
fine of $500.
| ||||||
7 | A person who violates this Section and who has an equity | ||||||
8 | interest in a motor
vehicle used in violation of this Section | ||||||
9 | is presumed to have the financial
resources to pay the minimum | ||||||
10 | fine not exceeding his or her equity interest in
the vehicle.
| ||||||
11 | Personal property used by a person in
violation of this Section | ||||||
12 | shall on the third or subsequent conviction of the
person be | ||||||
13 | forfeited to the State county where the violation occurred and | ||||||
14 | disposed of
at a public sale. Before the forfeiture, the court | ||||||
15 | shall conduct a hearing to
determine whether property is | ||||||
16 | subject to forfeiture under this Section. At the
forfeiture | ||||||
17 | hearing the State has the burden of establishing by a | ||||||
18 | preponderance
of the evidence that property is subject to | ||||||
19 | forfeiture under this Section. Proceeds from the sale of | ||||||
20 | property forfeited under this Section shall be deposited into | ||||||
21 | the Asset Forfeiture Proceeds Fund. Property seized or | ||||||
22 | forfeited under this Section is subject to reporting under the | ||||||
23 | Seizure and Forfeiture Reporting Act.
| ||||||
24 | (d) The statutory minimum fine required by subsection (c) | ||||||
25 | is not subject
to reduction or suspension unless the defendant | ||||||
26 | is indigent.
If the defendant files a motion with the court |
| |||||||
| |||||||
1 | asserting his or her inability
to pay the mandatory fine | ||||||
2 | required by this Section, the court must set a
hearing on the | ||||||
3 | motion before sentencing. The court must require an affidavit
| ||||||
4 | signed by the defendant containing sufficient information to | ||||||
5 | ascertain the
assets and liabilities of the defendant. If the | ||||||
6 | court determines that the
defendant is indigent, the court must | ||||||
7 | require that the defendant choose
either to pay the minimum | ||||||
8 | fine of $500 or to perform 100 hours of community
service.
| ||||||
9 | (Source: P.A. 90-655, eff. 7-30-98; 91-409, eff. 1-1-00.)
| ||||||
10 | (720 ILCS 5/36-1a rep.) | ||||||
11 | (720 ILCS 5/36-5 rep.) | ||||||
12 | Section 185. The Criminal Code of 2012 is amended by | ||||||
13 | repealing Sections 36-1a and 36-5. | ||||||
14 | Section 190. The Cannabis Control Act is amended by | ||||||
15 | changing Section 12 as follows:
| ||||||
16 | (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
| ||||||
17 | Sec. 12. (a) The following are subject to forfeiture:
| ||||||
18 | (1) (blank); all substances containing cannabis which | ||||||
19 | have been produced,
manufactured, delivered, or possessed | ||||||
20 | in violation of this Act;
| ||||||
21 | (2) all raw materials, products and equipment of any | ||||||
22 | kind which are
produced, delivered, or possessed in | ||||||
23 | connection with any substance
containing cannabis in a |
| |||||||
| |||||||
1 | felony violation of Section 5, 5.1, 8, or 9 of this Act;
| ||||||
2 | (3) all conveyances, including aircraft, vehicles or | ||||||
3 | vessels, which
are used, or intended for use, to transport, | ||||||
4 | or in any manner to
facilitate the transportation, sale, | ||||||
5 | receipt, possession, or
concealment of any substance | ||||||
6 | containing cannabis or property described in paragraph (1) | ||||||
7 | or (2) of this subsection (a) that constitutes
a felony | ||||||
8 | violation of Section 5, 5.1, 8, or 9 of this the Act, but:
| ||||||
9 | (i) no conveyance used by any person as a common | ||||||
10 | carrier in the
transaction of business as a common | ||||||
11 | carrier is subject to forfeiture
under this Section | ||||||
12 | unless it appears that the owner or other person in
| ||||||
13 | charge of the conveyance is a consenting party or privy | ||||||
14 | to the a violation
of this Act ;
| ||||||
15 | (ii) no conveyance is subject to forfeiture under | ||||||
16 | this Section by
reason of any act or omission which the | ||||||
17 | owner proves to have been
committed or omitted without | ||||||
18 | his knowledge or consent;
| ||||||
19 | (iii) a forfeiture of a conveyance encumbered by a | ||||||
20 | bona fide
security interest is subject to the interest | ||||||
21 | of the secured party if he
neither had knowledge of nor | ||||||
22 | consented to the act or omission;
| ||||||
23 | (4) all money, things of value, books, records, and | ||||||
24 | research
products and materials including formulas, | ||||||
25 | microfilm, tapes, and data
which are used, or intended for | ||||||
26 | use in a felony violation of Section 5, 5.1, 8, or 9 of |
| |||||||
| |||||||
1 | this Act;
| ||||||
2 | (5) everything of value furnished or intended to be | ||||||
3 | furnished by any
person in exchange for a substance in a | ||||||
4 | felony violation of Section 5, 5.1, 8, or 9 of this Act, | ||||||
5 | all proceeds
traceable to such an exchange, and all moneys, | ||||||
6 | negotiable instruments, and
securities used, or intended | ||||||
7 | to be used, to commit or in any manner to
facilitate any | ||||||
8 | felony violation of Section 5, 5.1, 8, or 9 of this Act;
| ||||||
9 | (6) all real property, including any right, title, and | ||||||
10 | interest including, but not limited to, any leasehold | ||||||
11 | interest or the beneficial interest to a land trust, in the | ||||||
12 | whole of any lot or tract of land and any appurtenances or | ||||||
13 | improvements, that is used or intended to be used to | ||||||
14 | facilitate the manufacture, distribution, sale, receipt, | ||||||
15 | or concealment of any substance containing cannabis or | ||||||
16 | property described in paragraph (1) or (2) of this | ||||||
17 | subsection (a) that constitutes a felony violation of | ||||||
18 | Section 5, 5.1, 8, or 9 of this Act which involves more | ||||||
19 | than 2,000 grams of a substance containing cannabis or that | ||||||
20 | is the proceeds of any felony violation of Section 5, 5.1, | ||||||
21 | 8, or 9 of this Act. | ||||||
22 | (b) Property subject to forfeiture under this Act may be | ||||||
23 | seized under the Drug Asset Forfeiture Procedure Act. by
the | ||||||
24 | Director or any peace officer upon process or seizure warrant | ||||||
25 | issued by
any court having jurisdiction over the property. | ||||||
26 | Seizure by the Director
or any peace officer without process |
| |||||||
| |||||||
1 | may be made:
| ||||||
2 | (1) if the property subject to seizure has been the | ||||||
3 | subject of a
prior judgment in favor of the State in a | ||||||
4 | criminal proceeding or
in an injunction or forfeiture | ||||||
5 | proceeding based upon this Act or the Drug
Asset Forfeiture | ||||||
6 | Procedure Act;
| ||||||
7 | (2) if there is probable cause to believe that the | ||||||
8 | property is
directly or indirectly dangerous to health or | ||||||
9 | safety;
| ||||||
10 | (3) if there is probable cause to believe that the | ||||||
11 | property is subject
to forfeiture under this Act and the | ||||||
12 | property is seized under
circumstances in which a | ||||||
13 | warrantless seizure or arrest would be reasonable; or
| ||||||
14 | (4) in accordance with the Code of Criminal Procedure | ||||||
15 | of 1963.
| ||||||
16 | (Blank). (c) In the event of seizure pursuant to subsection | ||||||
17 | (b), notice shall be given forthwith to all known interest | ||||||
18 | holders that forfeiture
proceedings, including a preliminary | ||||||
19 | review, shall be instituted in accordance with the
Drug Asset | ||||||
20 | Forfeiture Procedure Act and such proceedings shall thereafter | ||||||
21 | be instituted in accordance with that Act. Upon a showing of | ||||||
22 | good cause, the notice required for a preliminary review under | ||||||
23 | this Section may be postponed.
| ||||||
24 | (c-1) In the event the State's Attorney is of the opinion | ||||||
25 | that real property is subject to forfeiture under this Act, | ||||||
26 | forfeiture proceedings shall be instituted in accordance with |
| |||||||
| |||||||
1 | the Drug Asset Forfeiture Procedure Act. The exemptions from | ||||||
2 | forfeiture provisions of Section 8 of the Drug Asset Forfeiture | ||||||
3 | Procedure Act are applicable. | ||||||
4 | (d) (Blank). Property taken or detained under this Section | ||||||
5 | shall not be
subject to replevin, but is deemed to be in the | ||||||
6 | custody of the Director
subject only to the order and judgments | ||||||
7 | of the circuit court having
jurisdiction over the forfeiture | ||||||
8 | proceedings and the decisions of the
State's Attorney under the | ||||||
9 | Drug Asset Forfeiture Procedure Act. When
property is seized | ||||||
10 | under this Act, the seizing agency shall promptly
conduct an | ||||||
11 | inventory of the seized property, estimate the property's | ||||||
12 | value,
and shall forward a copy of the inventory of seized | ||||||
13 | property and the
estimate of the property's value to the | ||||||
14 | Director. Upon receiving notice of
seizure, the Director may:
| ||||||
15 | (1) place the property under seal;
| ||||||
16 | (2) remove the property to a place designated by him;
| ||||||
17 | (3) keep the property in the possession of the seizing | ||||||
18 | agency;
| ||||||
19 | (4) remove the property to a storage area for | ||||||
20 | safekeeping or, if the
property is a negotiable instrument | ||||||
21 | or money and is not needed for
evidentiary purposes, | ||||||
22 | deposit it in an interest bearing account;
| ||||||
23 | (5) place the property under constructive seizure by | ||||||
24 | posting notice of
pending forfeiture on it, by giving | ||||||
25 | notice of pending forfeiture to its
owners and interest | ||||||
26 | holders, or by filing notice of pending forfeiture in
any |
| |||||||
| |||||||
1 | appropriate public record relating to the property; or
| ||||||
2 | (6) provide for another agency or custodian, including | ||||||
3 | an owner, secured
party, or lienholder, to take custody of | ||||||
4 | the property upon the terms and
conditions set by the | ||||||
5 | Director.
| ||||||
6 | (e) (Blank). No disposition may be made of property under | ||||||
7 | seal until the time
for taking an appeal has elapsed or until | ||||||
8 | all appeals have been
concluded unless a court, upon | ||||||
9 | application therefor, orders the sale of
perishable substances | ||||||
10 | and the deposit of the proceeds of the sale with
the court.
| ||||||
11 | (f) (Blank). When property is forfeited under this Act the | ||||||
12 | Director shall
sell all such property unless such property is | ||||||
13 | required by law to be
destroyed or is harmful to the public, | ||||||
14 | and shall distribute the proceeds of
the sale, together with | ||||||
15 | any moneys forfeited or seized, in accordance
with subsection | ||||||
16 | (g). However, upon the application of the seizing agency or
| ||||||
17 | prosecutor who was responsible for the investigation, arrest or | ||||||
18 | arrests and
prosecution which lead to the forfeiture, the | ||||||
19 | Director may return any item
of forfeited property to the | ||||||
20 | seizing agency or prosecutor for official use
in the | ||||||
21 | enforcement of laws relating to cannabis or controlled | ||||||
22 | substances,
if the agency or prosecutor can demonstrate that | ||||||
23 | the item requested would
be useful to the agency or prosecutor | ||||||
24 | in their enforcement efforts. When any forfeited conveyance, | ||||||
25 | including an aircraft, vehicle, or vessel, is returned to the | ||||||
26 | seizing agency or prosecutor, the conveyance may be used |
| |||||||
| |||||||
1 | immediately in the enforcement of the criminal laws of this | ||||||
2 | State. Upon disposal, all proceeds from the sale of the | ||||||
3 | conveyance must be used for drug enforcement purposes. When
any | ||||||
4 | real property returned to the seizing agency is sold by the | ||||||
5 | agency or
its unit of government, the proceeds of the sale | ||||||
6 | shall be delivered to the
Director and distributed in | ||||||
7 | accordance with subsection (g).
| ||||||
8 | (g) (Blank). All monies and the sale proceeds of all other | ||||||
9 | property forfeited and
seized under this Act shall be | ||||||
10 | distributed as follows:
| ||||||
11 | (1)(i) 65% shall be distributed to the metropolitan | ||||||
12 | enforcement group,
local, municipal, county, or state law | ||||||
13 | enforcement agency or agencies which
conducted or | ||||||
14 | participated in the investigation resulting in the | ||||||
15 | forfeiture.
The distribution shall bear a reasonable | ||||||
16 | relationship to the degree of
direct participation of the | ||||||
17 | law enforcement agency in the effort resulting
in the | ||||||
18 | forfeiture, taking into account the total value of the | ||||||
19 | property
forfeited and the total law enforcement effort | ||||||
20 | with respect to the
violation of the law upon which the | ||||||
21 | forfeiture is based.
Amounts distributed to the agency or | ||||||
22 | agencies shall be used for the
enforcement of laws | ||||||
23 | governing cannabis and controlled substances; for public | ||||||
24 | education in the community or schools in the
prevention or | ||||||
25 | detection of the abuse of drugs or
alcohol; or for security | ||||||
26 | cameras used for the prevention or detection of violence, |
| |||||||
| |||||||
1 | except
that amounts distributed to the Secretary of State | ||||||
2 | shall be deposited into
the Secretary of State Evidence | ||||||
3 | Fund to be used as provided in Section
2-115 of the | ||||||
4 | Illinois Vehicle Code.
| ||||||
5 | (ii) Any local, municipal, or county law enforcement | ||||||
6 | agency entitled to receive a monetary distribution of | ||||||
7 | forfeiture proceeds may share those forfeiture proceeds | ||||||
8 | pursuant to the terms of an intergovernmental agreement | ||||||
9 | with a municipality that has a population in excess of | ||||||
10 | 20,000 if: | ||||||
11 | (I) the receiving agency has entered into an | ||||||
12 | intergovernmental agreement with the municipality to | ||||||
13 | provide police services; | ||||||
14 | (II) the intergovernmental agreement for police | ||||||
15 | services provides for consideration in an amount of not | ||||||
16 | less than $1,000,000 per year; | ||||||
17 | (III) the seizure took place within the | ||||||
18 | geographical limits of the municipality; and | ||||||
19 | (IV) the funds are used only for the enforcement
of | ||||||
20 | laws governing cannabis and controlled substances; for | ||||||
21 | public education in the community or schools in the
| ||||||
22 | prevention or detection of the abuse of drugs or
| ||||||
23 | alcohol; or
for security cameras used for the | ||||||
24 | prevention or detection
of violence or the | ||||||
25 | establishment of a municipal police
force, including | ||||||
26 | the training of officers, construction of
a police |
| |||||||
| |||||||
1 | station, the purchase of law enforcement
equipment, or | ||||||
2 | vehicles. | ||||||
3 | (2)(i) 12.5% shall be distributed to the Office of the | ||||||
4 | State's
Attorney of the county in which the prosecution | ||||||
5 | resulting in the forfeiture
was instituted, deposited in a | ||||||
6 | special fund in the county treasury and
appropriated to the | ||||||
7 | State's Attorney for use in the enforcement of laws
| ||||||
8 | governing cannabis and controlled substances; for public | ||||||
9 | education in the community or schools in the
prevention or | ||||||
10 | detection of the abuse of drugs or
alcohol; or at the | ||||||
11 | discretion of the State's Attorney, in addition to other | ||||||
12 | authorized purposes, to make grants to local substance | ||||||
13 | abuse treatment facilities and half-way houses. In | ||||||
14 | counties over 3,000,000
population, 25% will be | ||||||
15 | distributed to the Office of the State's Attorney for use | ||||||
16 | in the
enforcement of laws governing cannabis and | ||||||
17 | controlled substances; for public education in the | ||||||
18 | community or schools in the
prevention or detection of the | ||||||
19 | abuse of drugs or
alcohol; or at the discretion of the | ||||||
20 | State's Attorney, in addition to other authorized | ||||||
21 | purposes, to make grants to local substance abuse treatment | ||||||
22 | facilities and half-way houses. If the
prosecution is | ||||||
23 | undertaken solely by the Attorney General, the portion
| ||||||
24 | provided hereunder shall be distributed to the Attorney | ||||||
25 | General for use in
the enforcement of laws governing | ||||||
26 | cannabis and controlled substances.
|
| |||||||
| |||||||
1 | (ii) 12.5% shall be distributed to the Office of the | ||||||
2 | State's Attorneys
Appellate Prosecutor and deposited in | ||||||
3 | the Narcotics Profit Forfeiture Fund
of that Office to be | ||||||
4 | used for additional expenses incurred in the
| ||||||
5 | investigation, prosecution and appeal of cases arising | ||||||
6 | under laws governing
cannabis and controlled substances or | ||||||
7 | for public education in the community or schools in the
| ||||||
8 | prevention or detection of the abuse of drugs or
alcohol. | ||||||
9 | The Office of the State's Attorneys
Appellate Prosecutor | ||||||
10 | shall not receive distribution from cases brought in
| ||||||
11 | counties with over 3,000,000 population.
| ||||||
12 | (3) 10% shall be retained by the Department of State | ||||||
13 | Police for expenses
related to the administration and sale | ||||||
14 | of seized and forfeited property.
| ||||||
15 | (h) Contraband, including cannabis possessed without | ||||||
16 | authorization under State or federal law, is not subject to | ||||||
17 | forfeiture. No property right exists in contraband. Contraband | ||||||
18 | is subject to seizure and shall be disposed of according to | ||||||
19 | State law. | ||||||
20 | (Source: P.A. 99-686, eff. 7-29-16.)
| ||||||
21 | Section 195. The Illinois Controlled Substances Act is | ||||||
22 | amended by changing Section 505 as follows:
| ||||||
23 | (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
| ||||||
24 | Sec. 505. (a) The following are subject to forfeiture:
|
| |||||||
| |||||||
1 | (1) (blank); all substances which have been | ||||||
2 | manufactured, distributed,
dispensed, or possessed in | ||||||
3 | violation of this Act;
| ||||||
4 | (2) all raw materials, products and equipment of any | ||||||
5 | kind which are
used, or intended for use in manufacturing, | ||||||
6 | distributing, dispensing,
administering or possessing any | ||||||
7 | substance in violation of this Act;
| ||||||
8 | (3) all conveyances, including aircraft, vehicles or | ||||||
9 | vessels, which are
used, or intended for use, to transport, | ||||||
10 | or in any manner to facilitate
the transportation, sale, | ||||||
11 | receipt, possession, or concealment of substances | ||||||
12 | manufactured, distributed, dispensed, administered, or | ||||||
13 | possessed in violation of Section 401, 401.1, 405, 405.1, | ||||||
14 | or 405.2 of this Act, or property
described in paragraph | ||||||
15 | paragraphs (1) and (2) of this subsection (a) , but:
| ||||||
16 | (i) no conveyance used by any person as a common | ||||||
17 | carrier in the
transaction of business as a common | ||||||
18 | carrier is subject to forfeiture under
this Section | ||||||
19 | unless it appears that the owner or other person in | ||||||
20 | charge of
the conveyance is a consenting party or privy | ||||||
21 | to the a violation of this Act ;
| ||||||
22 | (ii) no conveyance is subject to forfeiture under | ||||||
23 | this Section by reason
of any act or omission which the | ||||||
24 | owner proves to have been committed or
omitted without | ||||||
25 | his or her knowledge or consent;
| ||||||
26 | (iii) a forfeiture of a conveyance encumbered by a |
| |||||||
| |||||||
1 | bona fide security
interest is subject to the interest | ||||||
2 | of the secured party if he or she neither had
knowledge | ||||||
3 | of nor consented to the act or omission;
| ||||||
4 | (4) all money, things of value, books, records, and | ||||||
5 | research
products and materials including formulas, | ||||||
6 | microfilm, tapes, and data which
are used, or intended to | ||||||
7 | be used in violation of Section 401, 401.1, 405, 405.1, or | ||||||
8 | 405.2 of this Act;
| ||||||
9 | (5) everything of value furnished, or intended to be | ||||||
10 | furnished, in
exchange for a substance in violation of | ||||||
11 | Section 401, 401.1, 405, 405.1, or 405.2 of this Act, all | ||||||
12 | proceeds traceable
to such an exchange, and all moneys, | ||||||
13 | negotiable instruments, and securities
used, or intended | ||||||
14 | to be used, to commit or in any manner to facilitate
any | ||||||
15 | violation of Section 401, 401.1, 405, 405.1, or 405.2 of | ||||||
16 | this Act;
| ||||||
17 | (6) all real property, including any right, title, and | ||||||
18 | interest
(including, but not limited to, any leasehold | ||||||
19 | interest or the beneficial
interest in a land trust) in the | ||||||
20 | whole of any lot or tract of land and any
appurtenances or | ||||||
21 | improvements, which is used or intended to be used, in any
| ||||||
22 | manner or part, to commit, or in any manner to facilitate | ||||||
23 | the commission
of, any violation or act that constitutes a | ||||||
24 | violation of Section 401 or 405
of this Act or that is the | ||||||
25 | proceeds of any violation or act that
constitutes a | ||||||
26 | violation of Section 401 or 405 of this Act.
|
| |||||||
| |||||||
1 | (b) Property subject to forfeiture under this Act may be | ||||||
2 | seized under the Drug Asset Forfeiture Procedure Act. by the
| ||||||
3 | Director or any peace officer upon process or seizure warrant | ||||||
4 | issued by
any court having jurisdiction over the property. | ||||||
5 | Seizure by the Director
or any peace officer without process | ||||||
6 | may be made:
| ||||||
7 | (1) if the seizure is incident to inspection under an | ||||||
8 | administrative
inspection warrant;
| ||||||
9 | (2) if the property subject to seizure has been the | ||||||
10 | subject of a prior
judgment in favor of the State in a | ||||||
11 | criminal proceeding, or in an injunction
or forfeiture | ||||||
12 | proceeding based upon this Act or the Drug Asset Forfeiture
| ||||||
13 | Procedure Act;
| ||||||
14 | (3) if there is probable cause to believe that the | ||||||
15 | property is directly
or indirectly dangerous to health or | ||||||
16 | safety;
| ||||||
17 | (4) if there is probable cause to believe that the | ||||||
18 | property is subject
to forfeiture under this Act and the | ||||||
19 | property is seized under
circumstances in which a | ||||||
20 | warrantless seizure or arrest would be reasonable; or
| ||||||
21 | (5) in accordance with the Code of Criminal Procedure | ||||||
22 | of 1963.
| ||||||
23 | (c) (Blank). In the event of seizure pursuant to subsection | ||||||
24 | (b), notice shall be given forthwith to all known interest | ||||||
25 | holders that forfeiture
proceedings, including a preliminary | ||||||
26 | review, shall be instituted in accordance with the Drug
Asset |
| |||||||
| |||||||
1 | Forfeiture Procedure Act and such proceedings shall thereafter | ||||||
2 | be instituted in accordance with that Act. Upon a showing of | ||||||
3 | good cause, the notice required for a preliminary review under | ||||||
4 | this Section may be postponed.
| ||||||
5 | (d) (Blank). Property taken or detained under this Section | ||||||
6 | shall not be subject
to replevin, but is deemed to be in the | ||||||
7 | custody of the Director subject
only to the order and judgments | ||||||
8 | of the circuit court having jurisdiction over
the forfeiture | ||||||
9 | proceedings and the decisions of the State's Attorney
under the | ||||||
10 | Drug Asset Forfeiture Procedure Act. When property is seized
| ||||||
11 | under this Act, the seizing agency shall promptly conduct an | ||||||
12 | inventory of
the seized property and estimate the property's | ||||||
13 | value, and shall forward a
copy of the inventory of seized | ||||||
14 | property and the estimate of the property's
value to the | ||||||
15 | Director. Upon receiving notice of seizure, the Director may:
| ||||||
16 | (1) place the property under seal;
| ||||||
17 | (2) remove the property to a place designated by the | ||||||
18 | Director;
| ||||||
19 | (3) keep the property in the possession of the seizing | ||||||
20 | agency;
| ||||||
21 | (4) remove the property to a storage area for | ||||||
22 | safekeeping or, if the
property is a negotiable instrument | ||||||
23 | or money and is not needed for
evidentiary purposes, | ||||||
24 | deposit it in an interest bearing account;
| ||||||
25 | (5) place the property under constructive seizure by | ||||||
26 | posting notice of
pending forfeiture on it, by giving |
| |||||||
| |||||||
1 | notice of pending forfeiture to its
owners and interest | ||||||
2 | holders, or by filing notice of pending forfeiture in
any | ||||||
3 | appropriate public record relating to the property; or
| ||||||
4 | (6) provide for another agency or custodian, including | ||||||
5 | an owner, secured
party, or lienholder, to take custody of | ||||||
6 | the property upon the terms and
conditions set by the | ||||||
7 | Director.
| ||||||
8 | (e) If the Department of Financial and Professional | ||||||
9 | Regulation suspends or revokes
a registration, all controlled | ||||||
10 | substances owned or possessed by the
registrant at the time of | ||||||
11 | suspension or the effective date of the
revocation order may be | ||||||
12 | placed under seal by the Director. No disposition may be made | ||||||
13 | of
substances under seal until the time for taking an appeal | ||||||
14 | has elapsed or
until all appeals have been concluded unless a | ||||||
15 | court, upon application
therefor, orders the sale of perishable | ||||||
16 | substances and the deposit of the
proceeds of the sale with the | ||||||
17 | court. Upon a suspension or revocation order becoming final,
| ||||||
18 | all substances may be subject to seizure or forfeiture under | ||||||
19 | the Drug Asset Forfeiture Procedure Act. forfeited to the | ||||||
20 | Illinois State Police.
| ||||||
21 | (f) (Blank). When property is forfeited under this Act the | ||||||
22 | Director shall
sell all such property unless such property is | ||||||
23 | required by law to be
destroyed or is harmful to the public, | ||||||
24 | and shall distribute the proceeds of
the sale, together with | ||||||
25 | any moneys forfeited or seized, in accordance
with subsection | ||||||
26 | (g). However, upon the application of the seizing agency or
|
| |||||||
| |||||||
1 | prosecutor who was responsible for the investigation, arrest or | ||||||
2 | arrests and
prosecution which lead to the forfeiture, the | ||||||
3 | Director may return any item
of forfeited property to the | ||||||
4 | seizing agency or prosecutor for official use
in the | ||||||
5 | enforcement of laws relating to cannabis or controlled | ||||||
6 | substances,
if the agency or prosecutor can demonstrate that | ||||||
7 | the item requested would
be useful to the agency or prosecutor | ||||||
8 | in their enforcement efforts. When any forfeited conveyance, | ||||||
9 | including an aircraft, vehicle, or vessel, is returned to the | ||||||
10 | seizing agency or prosecutor, the conveyance may be used | ||||||
11 | immediately in the enforcement of the criminal laws of this | ||||||
12 | State. Upon disposal, all proceeds from the sale of the | ||||||
13 | conveyance must be used for drug enforcement purposes. When
any | ||||||
14 | real property returned to the seizing agency is sold by the | ||||||
15 | agency or
its unit of government, the proceeds of the sale | ||||||
16 | shall be delivered to the
Director and distributed in | ||||||
17 | accordance with subsection (g).
| ||||||
18 | (g) (Blank). All monies and the sale proceeds of all other | ||||||
19 | property forfeited and
seized under this Act shall be | ||||||
20 | distributed as follows:
| ||||||
21 | (1)(i) 65% shall be distributed to the metropolitan | ||||||
22 | enforcement group,
local, municipal, county, or state law | ||||||
23 | enforcement agency or agencies which
conducted or | ||||||
24 | participated in the investigation resulting in the | ||||||
25 | forfeiture.
The distribution shall bear a reasonable | ||||||
26 | relationship to the degree of
direct participation of the |
| |||||||
| |||||||
1 | law enforcement agency in the effort resulting
in the | ||||||
2 | forfeiture, taking into account the total value of the | ||||||
3 | property
forfeited and the total law enforcement effort | ||||||
4 | with respect to the
violation of the law upon which the | ||||||
5 | forfeiture is based.
Amounts distributed to the agency or | ||||||
6 | agencies shall be used for the
enforcement of laws | ||||||
7 | governing cannabis and controlled substances; for public | ||||||
8 | education in the community or schools in the
prevention or | ||||||
9 | detection of the abuse of drugs or
alcohol; or for security | ||||||
10 | cameras used for the prevention or detection of violence, | ||||||
11 | except that
amounts distributed to the Secretary of State | ||||||
12 | shall be deposited into the
Secretary of State Evidence | ||||||
13 | Fund to be used as provided in Section 2-115 of the
| ||||||
14 | Illinois Vehicle Code.
| ||||||
15 | (ii) Any local, municipal, or county law enforcement | ||||||
16 | agency entitled to receive a monetary distribution of | ||||||
17 | forfeiture proceeds may share those forfeiture proceeds | ||||||
18 | pursuant to the terms of an intergovernmental agreement | ||||||
19 | with a municipality that has a population in excess of | ||||||
20 | 20,000 if: | ||||||
21 | (I) the receiving agency has entered into an | ||||||
22 | intergovernmental agreement with the municipality to | ||||||
23 | provide police services; | ||||||
24 | (II) the intergovernmental agreement for police | ||||||
25 | services provides for consideration in an amount of not | ||||||
26 | less than $1,000,000 per year; |
| |||||||
| |||||||
1 | (III) the seizure took place within the | ||||||
2 | geographical limits of the municipality; and | ||||||
3 | (IV) the funds are used only for the enforcement
of | ||||||
4 | laws governing cannabis and controlled substances; for | ||||||
5 | public education in the community or schools in the
| ||||||
6 | prevention or detection of the abuse of drugs or
| ||||||
7 | alcohol; or
for security cameras used for the | ||||||
8 | prevention or detection
of violence or the | ||||||
9 | establishment of a municipal police
force, including | ||||||
10 | the training of officers, construction of
a police | ||||||
11 | station, the purchase of law enforcement
equipment, or | ||||||
12 | vehicles. | ||||||
13 | (2)(i) 12.5% shall be distributed to the Office of the | ||||||
14 | State's
Attorney of the county in which the prosecution | ||||||
15 | resulting in the forfeiture
was instituted, deposited in a | ||||||
16 | special fund in the county treasury and
appropriated to the | ||||||
17 | State's Attorney for use in the enforcement of laws
| ||||||
18 | governing cannabis and controlled substances; for public | ||||||
19 | education in the community or schools in the
prevention or | ||||||
20 | detection of the abuse of drugs or
alcohol; or at the | ||||||
21 | discretion of the State's Attorney, in addition to other | ||||||
22 | authorized purposes, to make grants to local substance | ||||||
23 | abuse treatment facilities and half-way houses. In | ||||||
24 | counties over 3,000,000
population, 25% will be | ||||||
25 | distributed to the Office of the State's Attorney for
use | ||||||
26 | in the
enforcement of laws governing cannabis and |
| |||||||
| |||||||
1 | controlled substances; for public education in the | ||||||
2 | community or schools in the
prevention or detection of the | ||||||
3 | abuse of drugs or
alcohol; or at the discretion of the | ||||||
4 | State's Attorney, in addition to other authorized | ||||||
5 | purposes, to make grants to local substance abuse treatment | ||||||
6 | facilities and half-way houses. If the
prosecution is | ||||||
7 | undertaken solely by the Attorney General, the portion
| ||||||
8 | provided hereunder shall be distributed to the Attorney | ||||||
9 | General for use in
the enforcement of laws governing | ||||||
10 | cannabis and controlled substances or
for public education | ||||||
11 | in the community or schools in the
prevention or detection | ||||||
12 | of the abuse of drugs or
alcohol.
| ||||||
13 | (ii) 12.5% shall be distributed to the Office of the | ||||||
14 | State's Attorneys
Appellate Prosecutor and deposited in | ||||||
15 | the Narcotics Profit Forfeiture Fund
of that office to be | ||||||
16 | used for additional expenses incurred in the
| ||||||
17 | investigation, prosecution and appeal of cases arising | ||||||
18 | under laws governing
cannabis and controlled substances or
| ||||||
19 | for public education in the community or schools in the
| ||||||
20 | prevention or detection of the abuse of drugs or
alcohol. | ||||||
21 | The Office of the State's Attorneys
Appellate Prosecutor | ||||||
22 | shall not receive distribution from cases brought in
| ||||||
23 | counties with over 3,000,000 population.
| ||||||
24 | (3) 10% shall be retained by the Department of State | ||||||
25 | Police for expenses
related to the administration and sale | ||||||
26 | of seized and forfeited property.
|
| |||||||
| |||||||
1 | (h) (Blank). Species of plants from which controlled | ||||||
2 | substances in Schedules I
and II may be derived which have been | ||||||
3 | planted or cultivated in violation of
this Act, or of which the | ||||||
4 | owners or cultivators are unknown, or which are
wild growths, | ||||||
5 | may be seized and summarily forfeited to the State. The
| ||||||
6 | failure, upon demand by the Director or any peace officer, of | ||||||
7 | the person in
occupancy or in control of land or premises upon | ||||||
8 | which the species of
plants are growing or being stored, to | ||||||
9 | produce registration, or proof that
he or she is the holder | ||||||
10 | thereof, constitutes authority for the seizure and
forfeiture | ||||||
11 | of the plants.
| ||||||
12 | (i) Contraband, including controlled substances possessed | ||||||
13 | without authorization under State or federal law, is not | ||||||
14 | subject to forfeiture. No property right exists in contraband. | ||||||
15 | Contraband is subject to seizure and shall be disposed of | ||||||
16 | according to State law. | ||||||
17 | (Source: P.A. 99-686, eff. 7-29-16.)
| ||||||
18 | Section 200. The Methamphetamine Control and Community | ||||||
19 | Protection Act is amended by changing Section 85 as follows: | ||||||
20 | (720 ILCS 646/85)
| ||||||
21 | Sec. 85. Forfeiture. | ||||||
22 | (a) The following are subject to forfeiture:
| ||||||
23 | (1) (blank); all substances containing methamphetamine | ||||||
24 | which have
been produced, manufactured, delivered, or |
| |||||||
| |||||||
1 | possessed in violation of this Act;
| ||||||
2 | (2) all methamphetamine manufacturing materials which | ||||||
3 | have
been produced, delivered, or possessed in connection | ||||||
4 | with any substance containing methamphetamine in violation | ||||||
5 | of Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of | ||||||
6 | this Act;
| ||||||
7 | (3) all conveyances, including aircraft, vehicles or
| ||||||
8 | vessels, which are used, or intended for use, to transport, | ||||||
9 | or in any manner to facilitate the transportation, sale, | ||||||
10 | receipt, possession, or concealment of any substance | ||||||
11 | containing methamphetamine or property described in | ||||||
12 | paragraph (1) or (2) of this subsection (a) that | ||||||
13 | constitutes a felony violation of Section 15, 20, 25, 30, | ||||||
14 | 35, 40, 45, 50, 55, 56, or 65 of this the Act, but:
| ||||||
15 | (i) no conveyance used by any person as a common
| ||||||
16 | carrier in the transaction of business as a common | ||||||
17 | carrier is subject to forfeiture under this Section | ||||||
18 | unless it appears that the owner or other person in | ||||||
19 | charge of the conveyance is a consenting party or privy | ||||||
20 | to the a violation of this Act ;
| ||||||
21 | (ii) no conveyance is subject to forfeiture
under | ||||||
22 | this Section by reason of any act or omission which the | ||||||
23 | owner proves to have been committed or omitted without | ||||||
24 | his or her knowledge or consent;
| ||||||
25 | (iii) a forfeiture of a conveyance encumbered by
a | ||||||
26 | bona fide security interest is subject to the interest |
| |||||||
| |||||||
1 | of the secured party if he or she neither had knowledge | ||||||
2 | of nor consented to the act or omission;
| ||||||
3 | (4) all money, things of value, books, records, and
| ||||||
4 | research products and materials including formulas, | ||||||
5 | microfilm, tapes, and data which are used, or intended for | ||||||
6 | use in a felony violation of Section 15, 20, 25, 30, 35, | ||||||
7 | 40, 45, 50, 55, 56, or 65 of this Act;
| ||||||
8 | (5) everything of value furnished or intended to be
| ||||||
9 | furnished by any person in exchange for a substance in | ||||||
10 | violation of Section 15, 20, 25, 30, 35, 40, 45, 50, 55, | ||||||
11 | 56, or 65 of this Act, all proceeds traceable to such an | ||||||
12 | exchange, and all moneys, negotiable instruments, and | ||||||
13 | securities used, or intended to be used, to commit or in | ||||||
14 | any manner to facilitate any felony violation of Section | ||||||
15 | 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 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 in a land trust) in the | ||||||
19 | whole of any lot or tract of land and any appurtenances or | ||||||
20 | improvements, which is used, or intended to be used, in any | ||||||
21 | manner or part, to commit, or in any manner to facilitate | ||||||
22 | the commission of, any violation or act that constitutes a | ||||||
23 | violation of Section 15, 20, 25, 30, 35, 40, 45, 50, 55, | ||||||
24 | 56, or 65 of this Act or that is the proceeds of any | ||||||
25 | violation or act that constitutes a violation of Section | ||||||
26 | 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of this Act.
|
| |||||||
| |||||||
1 | (b) Property subject to forfeiture under this Act may be | ||||||
2 | seized under the Drug Asset Forfeiture Procedure Act. by the | ||||||
3 | Director or any peace officer upon process or seizure warrant | ||||||
4 | issued by any court having jurisdiction over the property. | ||||||
5 | Seizure by the Director or any peace officer without process | ||||||
6 | may be made:
| ||||||
7 | (1) if the property subject to seizure has been the
| ||||||
8 | subject of a prior judgment in favor of the State in a | ||||||
9 | criminal proceeding or in an injunction or forfeiture | ||||||
10 | proceeding based upon this Act or the Drug Asset Forfeiture | ||||||
11 | Procedure Act;
| ||||||
12 | (2) if there is probable cause to believe that the
| ||||||
13 | property is directly or indirectly dangerous to health or | ||||||
14 | safety;
| ||||||
15 | (3) if there is probable cause to believe that the
| ||||||
16 | property is subject to forfeiture under this Act and the | ||||||
17 | property is seized under circumstances in which a | ||||||
18 | warrantless seizure or arrest would be reasonable; or
| ||||||
19 | (4) in accordance with the Code of Criminal
Procedure | ||||||
20 | of 1963.
| ||||||
21 | (c) (Blank). In the event of seizure pursuant to subsection | ||||||
22 | (b), notice shall be given forthwith to all known interest | ||||||
23 | holders that forfeiture proceedings, including a preliminary | ||||||
24 | review, shall be instituted in accordance with the Drug Asset | ||||||
25 | Forfeiture Procedure Act and such proceedings shall thereafter | ||||||
26 | be instituted in accordance with that Act. Upon a showing of |
| |||||||
| |||||||
1 | good cause, the notice required for a preliminary review under | ||||||
2 | this Section may be postponed.
| ||||||
3 | (d) (Blank). Property taken or detained under this Section | ||||||
4 | is not subject to replevin, but is deemed to be in the custody | ||||||
5 | of the Director subject only to the order and judgments of the | ||||||
6 | circuit court having jurisdiction over the forfeiture | ||||||
7 | proceedings and the decisions of the State's Attorney under the | ||||||
8 | Drug Asset Forfeiture Procedure Act. When property is seized | ||||||
9 | under this Act, the seizing agency shall promptly conduct an | ||||||
10 | inventory of the seized property, estimate the property's | ||||||
11 | value, and forward a copy of the inventory of seized property | ||||||
12 | and the estimate of the property's value to the Director. Upon | ||||||
13 | receiving notice of seizure, the Director may:
| ||||||
14 | (1) place the property under seal;
| ||||||
15 | (2) remove the property to a place designated by him or | ||||||
16 | her;
| ||||||
17 | (3) keep the property in the possession of the
seizing | ||||||
18 | agency;
| ||||||
19 | (4) remove the property to a storage area for
| ||||||
20 | safekeeping or, if the property is a negotiable instrument | ||||||
21 | or money and is not needed for evidentiary purposes, | ||||||
22 | deposit it in an interest bearing account;
| ||||||
23 | (5) place the property under constructive seizure by
| ||||||
24 | posting notice of pending forfeiture on it, by giving | ||||||
25 | notice of pending forfeiture to its owners and interest | ||||||
26 | holders, or by filing notice of pending forfeiture in any |
| |||||||
| |||||||
1 | appropriate public record relating to the property; or
| ||||||
2 | (6) provide for another agency or custodian,
including | ||||||
3 | an owner, secured party, or lienholder, to take custody of | ||||||
4 | the property upon the terms and conditions set by the | ||||||
5 | Director.
| ||||||
6 | (e) (Blank). No disposition may be made of property under | ||||||
7 | seal until the time for taking an appeal has elapsed or until | ||||||
8 | all appeals have been concluded unless a court, upon | ||||||
9 | application therefor, orders the sale of perishable substances | ||||||
10 | and the deposit of the proceeds of the sale with the court.
| ||||||
11 | (f) (Blank). When property is forfeited under this Act, the | ||||||
12 | Director shall sell the property unless the property is | ||||||
13 | required by law to be destroyed or is harmful to the public, | ||||||
14 | and shall distribute the proceeds of the sale, together with | ||||||
15 | any moneys forfeited or seized, in accordance with subsection | ||||||
16 | (g). However, upon the application of the seizing agency or | ||||||
17 | prosecutor who was responsible for the investigation, arrest or | ||||||
18 | arrests and prosecution which lead to the forfeiture, the | ||||||
19 | Director may return any item of forfeited property to the | ||||||
20 | seizing agency or prosecutor for official use in the | ||||||
21 | enforcement of laws relating to methamphetamine, cannabis, or | ||||||
22 | controlled substances, if the agency or prosecutor | ||||||
23 | demonstrates that the item requested would be useful to the | ||||||
24 | agency or prosecutor in their enforcement efforts. When any | ||||||
25 | forfeited conveyance, including an aircraft, vehicle, or | ||||||
26 | vessel, is returned to the seizing agency or prosecutor, the |
| |||||||
| |||||||
1 | conveyance may be used immediately in the enforcement of the | ||||||
2 | criminal laws of this State. Upon disposal, all proceeds from | ||||||
3 | the sale of the conveyance must be used for drug enforcement | ||||||
4 | purposes. When any real property returned to the seizing agency | ||||||
5 | is sold by the agency or its unit of government, the proceeds | ||||||
6 | of the sale shall be delivered to the Director and distributed | ||||||
7 | in accordance with subsection (g).
| ||||||
8 | (g) (Blank). All moneys and the sale proceeds of all other | ||||||
9 | property forfeited and seized under this Act shall be | ||||||
10 | distributed as follows:
| ||||||
11 | (1)(i) 65% shall be distributed to the metropolitan
| ||||||
12 | enforcement group, local, municipal, county, or State law | ||||||
13 | enforcement agency or agencies which conducted or | ||||||
14 | participated in the investigation resulting in the | ||||||
15 | forfeiture. The distribution shall bear a reasonable | ||||||
16 | relationship to the degree of direct participation of the | ||||||
17 | law enforcement agency in the effort resulting in the | ||||||
18 | forfeiture, taking into account the total value of the | ||||||
19 | property forfeited and the total law enforcement effort | ||||||
20 | with respect to the violation of the law upon which the | ||||||
21 | forfeiture is based. Amounts distributed to the agency or | ||||||
22 | agencies shall be used for the enforcement of laws | ||||||
23 | governing methamphetamine, cannabis, and controlled | ||||||
24 | substances; for public education in the community or | ||||||
25 | schools in the
prevention or detection of the abuse of | ||||||
26 | drugs or
alcohol; or for security cameras used for the |
| |||||||
| |||||||
1 | prevention or detection of violence, except that amounts | ||||||
2 | distributed to the Secretary of State shall be deposited | ||||||
3 | into the Secretary of State Evidence Fund to be used as | ||||||
4 | provided in Section 2-115 of the Illinois Vehicle Code.
| ||||||
5 | (ii) Any local, municipal, or county law enforcement | ||||||
6 | agency entitled to receive a monetary distribution of | ||||||
7 | forfeiture proceeds may share those forfeiture proceeds | ||||||
8 | pursuant to the terms of an intergovernmental agreement | ||||||
9 | with a municipality that has a population in excess of | ||||||
10 | 20,000 if : | ||||||
11 | (I) the receiving agency has entered into an | ||||||
12 | intergovernmental agreement with the municipality to | ||||||
13 | provide police services; | ||||||
14 | (II) the intergovernmental agreement for police | ||||||
15 | services provides for consideration in an amount of not | ||||||
16 | less than $1,000,000 per year; | ||||||
17 | (III) the seizure took place within the | ||||||
18 | geographical limits of the municipality; and | ||||||
19 | (IV) the funds are used only for the enforcement
of | ||||||
20 | laws governing cannabis and controlled substances; for | ||||||
21 | public education in the community or schools in the
| ||||||
22 | prevention or detection of the abuse of drugs or
| ||||||
23 | alcohol; or
for security cameras used for the | ||||||
24 | prevention or detection
of violence or the | ||||||
25 | establishment of a municipal police
force, including | ||||||
26 | the training of officers, construction of
a police |
| |||||||
| |||||||
1 | station, the purchase of law enforcement
equipment, or | ||||||
2 | vehicles. | ||||||
3 | (2)(i) 12.5% shall be distributed to the Office of
the | ||||||
4 | State's Attorney of the county in which the prosecution | ||||||
5 | resulting in the forfeiture was instituted, deposited in a | ||||||
6 | special fund in the county treasury and appropriated to the | ||||||
7 | State's Attorney for use in the enforcement of laws | ||||||
8 | governing methamphetamine, cannabis, and controlled | ||||||
9 | substances; for public education in the community or | ||||||
10 | schools in the
prevention or detection of the abuse of | ||||||
11 | drugs or
alcohol; or at the discretion of the State's | ||||||
12 | Attorney, in addition to other authorized purposes, to make | ||||||
13 | grants to local substance abuse treatment facilities and | ||||||
14 | half-way houses. In counties with a population over | ||||||
15 | 3,000,000, 25% shall be distributed to the Office of the | ||||||
16 | State's Attorney for use in the enforcement of laws | ||||||
17 | governing methamphetamine, cannabis, and controlled | ||||||
18 | substances; for public education in the community or | ||||||
19 | schools in the
prevention or detection of the abuse of | ||||||
20 | drugs or
alcohol; or at the discretion of the State's | ||||||
21 | Attorney, in addition to other authorized purposes, to make | ||||||
22 | grants to local substance abuse treatment facilities and | ||||||
23 | half-way houses. If the prosecution is undertaken solely by | ||||||
24 | the Attorney General, the portion provided hereunder shall | ||||||
25 | be distributed to the Attorney General for use in the | ||||||
26 | enforcement of laws governing methamphetamine, cannabis, |
| |||||||
| |||||||
1 | and controlled substances or for public education in the | ||||||
2 | community or schools in the
prevention or detection of the | ||||||
3 | abuse of drugs or
alcohol.
| ||||||
4 | (ii) 12.5% shall be distributed to the Office of
the | ||||||
5 | State's Attorneys Appellate Prosecutor and deposited in | ||||||
6 | the Narcotics Profit Forfeiture Fund of that Office to be | ||||||
7 | used for additional expenses incurred in the | ||||||
8 | investigation, prosecution and appeal of cases arising | ||||||
9 | under laws governing methamphetamine, cannabis, and | ||||||
10 | controlled substances or for public education in the | ||||||
11 | community or schools in the
prevention or detection of the | ||||||
12 | abuse of drugs or
alcohol. The Office of the State's | ||||||
13 | Attorneys Appellate Prosecutor shall not receive | ||||||
14 | distribution from cases brought in counties with a | ||||||
15 | population over 3,000,000.
| ||||||
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 | (h) Contraband, including methamphetamine or any | ||||||
20 | controlled substance possessed without authorization under | ||||||
21 | State or federal law, is not subject to forfeiture. No property | ||||||
22 | right exists in contraband. Contraband is subject to seizure | ||||||
23 | and shall be disposed of according to State law. | ||||||
24 | (Source: P.A. 99-686, eff. 7-29-16.) | ||||||
25 | Section 205. The Code of Criminal Procedure of 1963 is |
| |||||||
| |||||||
1 | amended by changing Sections 124B-305, 124B-420, 124B-505, | ||||||
2 | 124B-605, 124B-710, 124B-715, 124B-825, 124B-935, and | ||||||
3 | 124B-1040 and by adding Section 124B-195 as follows: | ||||||
4 | (725 ILCS 5/124B-195 new) | ||||||
5 | Sec. 124B-195. Reporting.
Property seized or forfeited | ||||||
6 | under this Article is subject to reporting under the Seizure | ||||||
7 | and Forfeiture Reporting Act. | ||||||
8 | (725 ILCS 5/124B-305) | ||||||
9 | Sec. 124B-305. Distribution of property and sale proceeds. | ||||||
10 | All moneys and the sale proceeds of all other property | ||||||
11 | forfeited and seized under this Part 300 shall be distributed | ||||||
12 | as follows: | ||||||
13 | (1) (Blank). 45% shall be divided equally between all | ||||||
14 | State agencies and units of local government whose officers | ||||||
15 | or employees conducted the investigation or initiated the | ||||||
16 | hearing that resulted in the forfeiture. | ||||||
17 | (2) 50% shall be deposited into the Specialized | ||||||
18 | Services for Survivors of Human Trafficking Fund and | ||||||
19 | disbursed in accordance with subsections (d), (e), and (f) | ||||||
20 | of Section 5-9-1.21 of the Unified Code of Corrections.
| ||||||
21 | (3) 50% 5% shall be deposited into the Asset Forfeiture | ||||||
22 | Proceeds Fund paid to the Office of the State's Attorneys | ||||||
23 | Appellate Prosecutor to train State's Attorneys on | ||||||
24 | forfeiture proceedings and topics related to human |
| |||||||
| |||||||
1 | trafficking . | ||||||
2 | (Source: P.A. 97-897, eff. 1-1-13; 98-1013, eff. 1-1-15 .) | ||||||
3 | (725 ILCS 5/124B-420) | ||||||
4 | Sec. 124B-420. Distribution of property and sale proceeds. | ||||||
5 | (a) All moneys and the sale proceeds of all other property | ||||||
6 | forfeited and seized under this Part 400 shall be deposited | ||||||
7 | into the Asset Forfeiture Proceeds Fund. distributed as | ||||||
8 | follows: | ||||||
9 | (1) 50% shall be distributed to the unit of local | ||||||
10 | government whose officers or employees conducted the | ||||||
11 | investigation into the offense and caused the arrest or | ||||||
12 | arrests and prosecution leading to the forfeiture, except | ||||||
13 | that if the investigation, arrest or arrests, and | ||||||
14 | prosecution leading to the forfeiture were undertaken by | ||||||
15 | the sheriff, this portion shall be distributed to the | ||||||
16 | county for deposit into a special fund in the county | ||||||
17 | treasury appropriated to the sheriff. Amounts distributed | ||||||
18 | to the county for the sheriff or to units of local | ||||||
19 | government under this paragraph shall be used for | ||||||
20 | enforcement of laws or ordinances governing obscenity and | ||||||
21 | child pornography. If the investigation, arrest or | ||||||
22 | arrests, and prosecution leading to the forfeiture were | ||||||
23 | undertaken solely by a State agency, however, the portion | ||||||
24 | designated in this paragraph shall be paid into the State | ||||||
25 | treasury to be used for enforcement of laws governing |
| |||||||
| |||||||
1 | obscenity and child pornography. | ||||||
2 | (2) 25% shall be distributed to the county in which the | ||||||
3 | prosecution resulting in the forfeiture was instituted, | ||||||
4 | deposited into a special fund in the county treasury, and | ||||||
5 | appropriated to the State's Attorney for use in the | ||||||
6 | enforcement of laws governing obscenity and child | ||||||
7 | pornography. | ||||||
8 | (3) 25% shall be distributed to the Office of the | ||||||
9 | State's Attorneys Appellate Prosecutor and deposited into | ||||||
10 | the Obscenity Profits Forfeiture Fund, which is hereby | ||||||
11 | created in the State treasury, to be used by the Office of | ||||||
12 | the State's Attorneys Appellate Prosecutor for additional | ||||||
13 | expenses incurred in prosecuting appeals arising under | ||||||
14 | Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012. Any | ||||||
16 | amounts remaining in the Fund after all additional expenses | ||||||
17 | have been paid shall be used by the Office to reduce the | ||||||
18 | participating county contributions to the Office on a | ||||||
19 | pro-rated basis as determined by the board of governors of | ||||||
20 | the Office of the State's Attorneys Appellate Prosecutor | ||||||
21 | based on the populations of the participating counties. | ||||||
22 | (b) Before any deposit distribution under subsection (a), | ||||||
23 | the Attorney General or State's Attorney shall retain from the | ||||||
24 | forfeited moneys or sale proceeds, or both, sufficient moneys | ||||||
25 | to cover expenses related to the administration and sale of the | ||||||
26 | forfeited property.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
2 | 97-1150, eff. 1-25-13.) | ||||||
3 | (725 ILCS 5/124B-505)
| ||||||
4 | Sec. 124B-505. Distribution of property and sale proceeds. | ||||||
5 | (a) All moneys and the sale proceeds of all other property | ||||||
6 | forfeited and seized under this Part 500 shall be distributed | ||||||
7 | as follows: | ||||||
8 | (1) One-half shall be deposited into the Asset | ||||||
9 | Forfeiture Proceeds Fund divided equally between all State | ||||||
10 | agencies and units of local government whose officers or | ||||||
11 | employees conducted the investigation that resulted in the | ||||||
12 | forfeiture . | ||||||
13 | (2) One-half shall be deposited into the Violent Crime | ||||||
14 | Victims Assistance Fund. | ||||||
15 | (b) Before any deposit distribution under subsection (a), | ||||||
16 | the Attorney General or State's Attorney shall retain from the | ||||||
17 | forfeited moneys or sale proceeds, or both, sufficient moneys | ||||||
18 | to cover expenses related to the administration and sale of the | ||||||
19 | forfeited property.
| ||||||
20 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
21 | (725 ILCS 5/124B-605)
| ||||||
22 | Sec. 124B-605. Distribution of property and sale proceeds. | ||||||
23 | (a) All moneys and the sale proceeds of all other property | ||||||
24 | forfeited and seized under this Part 600 shall be deposited |
| |||||||
| |||||||
1 | into the Asset Forfeiture Proceeds Fund. distributed as | ||||||
2 | follows: | ||||||
3 | (1) 50% shall be distributed to the unit of local | ||||||
4 | government whose officers or employees conducted the | ||||||
5 | investigation into computer fraud and caused the arrest or | ||||||
6 | arrests and prosecution leading to the forfeiture. Amounts | ||||||
7 | distributed to units of local government shall be used for | ||||||
8 | training or enforcement purposes relating to detection, | ||||||
9 | investigation, or prosecution of financial crimes, | ||||||
10 | including computer fraud. If, however, the investigation, | ||||||
11 | arrest or arrests, and prosecution leading to the | ||||||
12 | forfeiture were undertaken solely by a State agency, the | ||||||
13 | portion provided under this paragraph (1) shall be paid | ||||||
14 | into the State Police Services Fund of the Illinois | ||||||
15 | Department of State Police to be used for training or | ||||||
16 | enforcement purposes relating to detection, investigation, | ||||||
17 | or prosecution of financial crimes, including computer | ||||||
18 | fraud. | ||||||
19 | (2) 50% shall be distributed to the county in which the | ||||||
20 | prosecution and petition for forfeiture resulting in the | ||||||
21 | forfeiture was instituted by the State's Attorney and shall | ||||||
22 | be deposited into a special fund in the county treasury and | ||||||
23 | appropriated to the State's Attorney for use in training or | ||||||
24 | enforcement purposes relating to detection, investigation, | ||||||
25 | or prosecution of financial crimes, including computer | ||||||
26 | fraud. If a prosecution and petition for forfeiture |
| |||||||
| |||||||
1 | resulting in the forfeiture has been maintained by the | ||||||
2 | Attorney General, 50% of the proceeds shall be paid into | ||||||
3 | the Attorney General's Financial Crime Prevention Fund. If | ||||||
4 | the Attorney General and the State's Attorney have | ||||||
5 | participated jointly in any part of the proceedings, 25% of | ||||||
6 | the proceeds forfeited shall be paid to the county in which | ||||||
7 | the prosecution and petition for forfeiture resulting in | ||||||
8 | the forfeiture occurred, and 25% shall be paid into the | ||||||
9 | Attorney General's Financial Crime Prevention Fund to be | ||||||
10 | used for the purposes stated in this paragraph (2). | ||||||
11 | (b) Before any deposit distribution under subsection (a), | ||||||
12 | the Attorney General or State's Attorney shall retain from the | ||||||
13 | forfeited moneys or sale proceeds, or both, sufficient moneys | ||||||
14 | to cover expenses related to the administration and sale of the | ||||||
15 | forfeited property.
| ||||||
16 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
17 | (725 ILCS 5/124B-710) | ||||||
18 | Sec. 124B-710. Sale of forfeited property by Director of | ||||||
19 | State Police ; return to seizing agency or prosecutor . | ||||||
20 | (a) The court shall authorize the Director of State Police | ||||||
21 | to seize any property declared forfeited under this Article on | ||||||
22 | terms and conditions the court deems proper. | ||||||
23 | (b) When property is forfeited under this Part 700, the | ||||||
24 | Director of State Police shall sell the property unless the | ||||||
25 | property is required by law to be destroyed or is harmful to |
| |||||||
| |||||||
1 | the public. The Director shall distribute the proceeds of the | ||||||
2 | sale, together with any moneys forfeited or seized, in | ||||||
3 | accordance with Section 124B-715. | ||||||
4 | (c) (Blank). On the application of the seizing agency or | ||||||
5 | prosecutor who was responsible for the investigation, arrest, | ||||||
6 | and prosecution that lead to the forfeiture, however, the | ||||||
7 | Director may return any item of forfeited property to the | ||||||
8 | seizing agency or prosecutor for official use in the | ||||||
9 | enforcement of laws relating to Article 17B or Section 17-6.3 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012 if | ||||||
11 | the agency or prosecutor can demonstrate that the item | ||||||
12 | requested would be useful to the agency or prosecutor in their | ||||||
13 | enforcement efforts. When any real property returned to the | ||||||
14 | seizing agency is sold by the agency or its unit of government, | ||||||
15 | the proceeds of the sale shall be delivered to the Director and | ||||||
16 | distributed in accordance with Section 124B-715.
| ||||||
17 | (Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; | ||||||
18 | 97-1150, eff. 1-25-13.) | ||||||
19 | (725 ILCS 5/124B-715)
| ||||||
20 | Sec. 124B-715. Distribution of all other property and sale | ||||||
21 | proceeds. All moneys and the sale proceeds of all property | ||||||
22 | forfeited and seized under this Part 700 and not returned to a | ||||||
23 | seizing agency or prosecutor under subsection (c) of Section | ||||||
24 | 124B-705 shall be distributed to the Special Supplemental Food | ||||||
25 | Program for Women, Infants and Children (WIC) program |
| |||||||
| |||||||
1 | administered by the Illinois Department of Human Services.
| ||||||
2 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
3 | (725 ILCS 5/124B-825)
| ||||||
4 | Sec. 124B-825. Distribution of property and sale proceeds. | ||||||
5 | After the deduction of all requisite expenses of administration | ||||||
6 | and sale, all moneys and the sale proceeds of all other | ||||||
7 | property forfeited and seized under this Part 800 shall be | ||||||
8 | deposited into the Asset Forfeiture Proceeds Fund the Attorney | ||||||
9 | General or State's Attorney shall distribute the proceeds of | ||||||
10 | the sale of forfeited property, along with any property | ||||||
11 | forfeited or seized, between participating law enforcement | ||||||
12 | agencies in equitable portions as determined by the court | ||||||
13 | entering the forfeiture order .
| ||||||
14 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
15 | (725 ILCS 5/124B-935)
| ||||||
16 | Sec. 124B-935. Distribution of property and sale proceeds. | ||||||
17 | All moneys and the sale proceeds of all other property | ||||||
18 | forfeited and seized under this Part 900 shall be deposited | ||||||
19 | into the Asset Forfeiture Proceeds Fund. distributed as | ||||||
20 | follows: | ||||||
21 | (1) 65% shall be distributed to the local, municipal, | ||||||
22 | county, or State law enforcement agency or agencies that | ||||||
23 | conducted or participated in the investigation resulting | ||||||
24 | in the forfeiture. The distribution shall bear a reasonable |
| |||||||
| |||||||
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. | ||||||
7 | (2) 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 for use in the | ||||||
10 | enforcement of laws, including laws governing animal | ||||||
11 | fighting. | ||||||
12 | (3) 12.5% shall be distributed to the Illinois | ||||||
13 | Department of Agriculture for reimbursement of expenses | ||||||
14 | incurred in the investigation, prosecution, and appeal of | ||||||
15 | cases arising under laws governing animal fighting. | ||||||
16 | (4) 10% shall be retained by the Department of State | ||||||
17 | Police for expenses related to the administration and sale | ||||||
18 | of seized and forfeited property.
| ||||||
19 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
20 | (725 ILCS 5/124B-1040) | ||||||
21 | Sec. 124B-1040. Distribution of property from sale of | ||||||
22 | proceeds. The proceeds of any sale of property, after payment | ||||||
23 | of all liens and deduction of the reasonable charges and | ||||||
24 | expenses incurred by the investigating law enforcement agency | ||||||
25 | in storing and selling the property, shall be deposited into |
| |||||||
| |||||||
1 | the Asset Forfeiture Proceeds Fund paid into the general fund | ||||||
2 | of the level of government responsible for the operation of the | ||||||
3 | investigating law enforcement agency .
| ||||||
4 | (Source: P.A. 97-1109, eff. 1-1-13.) | ||||||
5 | (725 ILCS 5/124B-1030 rep.) | ||||||
6 | Section 210. The Code of Criminal Procedure of 1963 is | ||||||
7 | amended by repealing Section 124B-1030. | ||||||
8 | Section 215. The Drug Asset Forfeiture Procedure Act is | ||||||
9 | amended by changing Sections 2, 3.5, 5, 8, 9, and 10 and by | ||||||
10 | adding Sections 3.1, 3.2, 3.3, 5.1, 5.2, 9.5, 15, 16, 17, 18, | ||||||
11 | 19, and 20 as follows:
| ||||||
12 | (725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)
| ||||||
13 | Sec. 2. Legislative Declaration. The General Assembly | ||||||
14 | finds that the
civil forfeiture of property which is used or | ||||||
15 | intended to be used in, is
attributable to or facilitates the | ||||||
16 | manufacture, sale, transportation,
distribution, possession or | ||||||
17 | use of substances in certain violations of the
Illinois | ||||||
18 | Controlled Substances Act, the Cannabis Control Act, or the | ||||||
19 | Methamphetamine Control and Community Protection Act
will have | ||||||
20 | a significant beneficial effect in deterring the rising
| ||||||
21 | incidence of the abuse and trafficking of such substances | ||||||
22 | within this
State. While forfeiture may secure for State and | ||||||
23 | local units of government
some resources for deterring drug |
| |||||||
| |||||||
1 | abuse and drug trafficking, forfeiture is
not intended to be an | ||||||
2 | alternative means of funding the administration of
criminal | ||||||
3 | justice. The General Assembly further finds that the federal
| ||||||
4 | narcotics civil forfeiture statute upon which this Act is based | ||||||
5 | has been
very successful in deterring the use and distribution | ||||||
6 | of controlled
substances within this State and throughout the | ||||||
7 | country. It is therefore
the intent of the General Assembly | ||||||
8 | that the forfeiture provisions of this
Act be construed in | ||||||
9 | light of the federal forfeiture provisions contained in
21 | ||||||
10 | U.S.C. 881 as interpreted by the federal courts, except to the | ||||||
11 | extent
that the provisions of this Act expressly differ | ||||||
12 | therefrom.
| ||||||
13 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
14 | (725 ILCS 150/3.1 new) | ||||||
15 | Sec. 3.1. Seizure. | ||||||
16 | (a) Seizure of real property subject to forfeiture under | ||||||
17 | this Act requires a court order. A court may issue an order to | ||||||
18 | seize or secure real property for which forfeiture is sought | ||||||
19 | only after proper notice to property owners and an opportunity | ||||||
20 | for a contested hearing to determine the sufficiency of | ||||||
21 | probable cause for the seizure. Nothing in this subsection (a) | ||||||
22 | prohibits the prosecuting authority from seeking a lis pendens | ||||||
23 | or restraining order to hinder the sale or destruction of the | ||||||
24 | real property. | ||||||
25 | (b) Personal property subject to forfeiture under the |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) When 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 or | ||||||
8 | interest to the conveyance is required by law to be recorded. | ||||||
9 | (e) After seizure under this Section, notice shall be given | ||||||
10 | to all known interest holders that forfeiture proceedings, | ||||||
11 | including a preliminary review, may be instituted under this | ||||||
12 | Act. | ||||||
13 | (725 ILCS 150/3.2 new) | ||||||
14 | Sec. 3.2. Receipt for seized property. If a law enforcement | ||||||
15 | officer seizes property that is subject to forfeiture, the | ||||||
16 | officer shall provide an itemized receipt to the person | ||||||
17 | possessing the property or, in the absence of a person to whom | ||||||
18 | the receipt could be given, shall leave the receipt in the | ||||||
19 | place where the property was found, if possible. | ||||||
20 | (725 ILCS 150/3.3 new) | ||||||
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 seizing agency subject only to the order and |
| |||||||
| |||||||
1 | judgments of the circuit court having jurisdiction over the | ||||||
2 | forfeiture proceedings and the decisions of the State's | ||||||
3 | Attorney under this Act. | ||||||
4 | (b) When property is seized under this Act, the seizing | ||||||
5 | agency shall promptly conduct an inventory of the seized | ||||||
6 | property and estimate the property's value, and shall: | ||||||
7 | (1) place the property under seal; | ||||||
8 | (2) remove the property to a place designated by the | ||||||
9 | seizing agency; | ||||||
10 | (3) keep the property in the possession of the seizing | ||||||
11 | agency; | ||||||
12 | (4) remove the property to a storage area for | ||||||
13 | safekeeping; | ||||||
14 | (5) place the property under constructive seizure by | ||||||
15 | posting notice of pending forfeiture on it, by giving | ||||||
16 | notice of pending forfeiture to its owners and interest | ||||||
17 | holders, or by filing notice of pending forfeiture in any | ||||||
18 | appropriate public record relating to the property; or | ||||||
19 | (6) provide for another agency or custodian, including | ||||||
20 | an owner, secured party, or lienholder, to take custody of | ||||||
21 | the property upon the terms and conditions set by the | ||||||
22 | seizing agency. | ||||||
23 | (c) Property seized under this Act shall be kept by the | ||||||
24 | custodian in a manner to protect it from theft or damage and, | ||||||
25 | if ordered by the court, insured against those risks. |
| |||||||
| |||||||
1 | (725 ILCS 150/3.5) | ||||||
2 | Sec. 3.5. Preliminary Review. | ||||||
3 | (a) Within 14 days of the seizure, the State shall seek a | ||||||
4 | preliminary determination from the circuit court as to whether | ||||||
5 | there is probable cause that the property may be subject to | ||||||
6 | forfeiture. | ||||||
7 | (b) The rules of evidence shall not apply to any proceeding | ||||||
8 | conducted under this Section. | ||||||
9 | (c) The court may conduct the review under subsection (a) | ||||||
10 | simultaneously with a proceeding pursuant to Section 109-1 of | ||||||
11 | the Code of Criminal Procedure of 1963 for a related criminal | ||||||
12 | offense if a prosecution is commenced by information or | ||||||
13 | complaint. | ||||||
14 | (d) The court may accept a finding of probable cause at a | ||||||
15 | preliminary hearing following the filing of an information or | ||||||
16 | complaint charging a related criminal offense or following the | ||||||
17 | return of indictment by a grand jury charging the related | ||||||
18 | offense as sufficient evidence of probable cause as required | ||||||
19 | under subsection (a). | ||||||
20 | (e) Upon making a finding of probable cause as required | ||||||
21 | under this Section, the circuit court shall order the property | ||||||
22 | subject to the provisions of the applicable forfeiture Act held | ||||||
23 | until the conclusion of any forfeiture proceeding. | ||||||
24 | For seizures of conveyances, at any time after within 7 | ||||||
25 | days of a finding of probable cause under subsection (a) but at | ||||||
26 | least 60 days before the trial of the forfeiture case , the |
| |||||||
| |||||||
1 | registered owner or other claimant may file a motion in writing | ||||||
2 | supported by sworn affidavits claiming that denial of the use | ||||||
3 | of the conveyance during the pendency of the forfeiture | ||||||
4 | proceedings creates a substantial hardship. The court shall | ||||||
5 | consider the following factors in determining whether a | ||||||
6 | substantial hardship has been proven: | ||||||
7 | (1) the nature of the claimed hardship; | ||||||
8 | (2) the availability of public transportation or other | ||||||
9 | available means of transportation; and | ||||||
10 | (3) any available alternatives to alleviate the | ||||||
11 | hardship other than the return of the seized conveyance. | ||||||
12 | If the court determines that a substantial hardship has | ||||||
13 | been proven, the court shall then balance the nature of the | ||||||
14 | hardship against the State's interest in safeguarding the | ||||||
15 | conveyance. If the court determines that the hardship outweighs | ||||||
16 | the State's interest in safeguarding the conveyance, the court | ||||||
17 | may temporarily release the conveyance to the registered owner | ||||||
18 | or the registered owner's authorized designee, or both, until | ||||||
19 | the conclusion of the forfeiture proceedings or for such | ||||||
20 | shorter period as ordered by the court provided that the person | ||||||
21 | to whom the conveyance is released provides proof of insurance | ||||||
22 | and a valid driver's license and all State and local | ||||||
23 | registrations for operation of the conveyance are current. The | ||||||
24 | court may shall place conditions on the conveyance limiting its | ||||||
25 | use to the stated hardship and restricting the conveyance's use | ||||||
26 | to only those individuals authorized to use the conveyance by |
| |||||||
| |||||||
1 | the registered owner. The court may shall revoke the order | ||||||
2 | releasing the conveyance and order that the conveyance be | ||||||
3 | reseized by law enforcement if the conditions of release are | ||||||
4 | violated or if the conveyance is used in the commission of any | ||||||
5 | offense identified in subsection (a) of Section 6-205 of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | If the court orders the release of the conveyance during | ||||||
8 | the pendency of the forfeiture proceedings, the registered | ||||||
9 | owner or his or her authorized designee shall post a cash | ||||||
10 | security with the Clerk of the Court as ordered by the court. | ||||||
11 | The court shall consider the following factors in determining | ||||||
12 | the amount of the cash security: | ||||||
13 | (A) the full market value of the conveyance; | ||||||
14 | (B) the nature of the hardship; | ||||||
15 | (C) the extent and length of the usage of the | ||||||
16 | conveyance; and | ||||||
17 | (D) such other conditions as the court deems necessary | ||||||
18 | to safeguard the conveyance. | ||||||
19 | If the conveyance is released, the court shall order that | ||||||
20 | the registered owner or his or her designee safeguard the | ||||||
21 | conveyance, not remove the conveyance from the jurisdiction, | ||||||
22 | not conceal, destroy, or otherwise dispose of the conveyance, | ||||||
23 | not encumber the conveyance, and not diminish the value of the | ||||||
24 | conveyance in any way. The court shall also make a | ||||||
25 | determination of the full market value of the conveyance prior | ||||||
26 | to it being released based on a source or sources defined in 50 |
| |||||||
| |||||||
1 | Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B). | ||||||
2 | If the conveyance subject to forfeiture is released under | ||||||
3 | this Section and is subsequently forfeited, the person to whom | ||||||
4 | the conveyance was released shall return the conveyance to the | ||||||
5 | law enforcement agency that seized the conveyance within 7 days | ||||||
6 | from the date of the declaration of forfeiture or order of | ||||||
7 | forfeiture. If the conveyance is not returned within 7 days, | ||||||
8 | the cash security shall be forfeited in the same manner as the | ||||||
9 | conveyance subject to forfeiture. If the cash security was less | ||||||
10 | than the full market value, a judgment shall be entered against | ||||||
11 | the parties to whom the conveyance was released and the | ||||||
12 | registered owner, jointly and severally, for the difference | ||||||
13 | between the full market value and the amount of the cash | ||||||
14 | security. If the conveyance is returned in a condition other | ||||||
15 | than the condition in which it was released, the cash security | ||||||
16 | shall be returned to the surety who posted the security minus | ||||||
17 | the amount of the diminished value, and that amount shall be | ||||||
18 | forfeited in the same manner as the conveyance subject to | ||||||
19 | forfeiture. Additionally, the court may enter an order allowing | ||||||
20 | any law enforcement agency in the State of Illinois to seize | ||||||
21 | the conveyance wherever it may be found in the State to satisfy | ||||||
22 | the judgment if the cash security was less than the full market | ||||||
23 | value of the conveyance.
| ||||||
24 | (Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
| ||||||
25 | (725 ILCS 150/5) (from Ch. 56 1/2, par. 1675)
|
| |||||||
| |||||||
1 | Sec. 5. Notice to State's Attorney. The law enforcement | ||||||
2 | agency
seizing property for forfeiture under the Illinois | ||||||
3 | Controlled
Substances Act, the Cannabis Control Act, or the | ||||||
4 | Methamphetamine Control and Community Protection Act shall,
as | ||||||
5 | soon as practicable but not later than 48 hours after the | ||||||
6 | within 52 days of seizure, notify the State's Attorney for the | ||||||
7 | county in
which an act or omission giving rise to the seizure | ||||||
8 | forfeiture occurred or in which
the property was seized of the | ||||||
9 | seizure of the property and the facts and
circumstances giving | ||||||
10 | rise to the seizure and shall provide the State's
Attorney with | ||||||
11 | the inventory of the property and its estimated value. When
the | ||||||
12 | property seized for forfeiture is a vehicle, the law | ||||||
13 | enforcement agency
seizing the property shall immediately | ||||||
14 | notify the Secretary of State that
forfeiture proceedings are | ||||||
15 | pending regarding such vehicle.
| ||||||
16 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
17 | (725 ILCS 150/5.1 new) | ||||||
18 | Sec. 5.1. Replevin hearing. | ||||||
19 | (a) At any time following the seizure of property under | ||||||
20 | this Act, but at least 60 days prior to trial of the forfeiture | ||||||
21 | case, any person who claims an ownership interest in property | ||||||
22 | seized under this Act may claim the right to possession of the | ||||||
23 | property by motion to the court to issue a writ of replevin. | ||||||
24 | The movant shall file a motion establishing the validity of his | ||||||
25 | or her alleged interest in the property. |
| |||||||
| |||||||
1 | (b) The court shall hear the motion no more than 30 days | ||||||
2 | after the motion is filed. | ||||||
3 | (c) If the motion for replevin is heard prior to the | ||||||
4 | preliminary review under Section 3.5 of this Act, the State | ||||||
5 | shall file an answer showing probable cause for the seizure at | ||||||
6 | least 10 days before the hearing. | ||||||
7 | (d) Either party may, by agreement or for good cause, move | ||||||
8 | the court for one extension of no more than 10 days. The motion | ||||||
9 | may be supported by affidavits or other submissions. | ||||||
10 | (e) The court shall issue a writ of replevin if it finds | ||||||
11 | that: | ||||||
12 | (1) it is likely the final judgment will require the | ||||||
13 | State to return the property to the claimant; or | ||||||
14 | (2) the property is the only reasonable means for the | ||||||
15 | person claiming an ownership interest in the property to | ||||||
16 | pay for legal representation in the forfeiture proceeding. | ||||||
17 | At the court's discretion under subsection (b) of this | ||||||
18 | Section, it may order the return of funds or property | ||||||
19 | sufficient to obtain legal counsel but less than the total | ||||||
20 | amount seized, and require an accounting. | ||||||
21 | (725 ILCS 150/5.2 new) | ||||||
22 | Sec. 5.2. Complaint of forfeiture. | ||||||
23 | (a) If the State's Attorney in the county in which the | ||||||
24 | seizure occurs finds that the alleged violation of law giving | ||||||
25 | rise to the seizure was incurred without willful negligence or |
| |||||||
| |||||||
1 | without any intention on the part of the owner of the property | ||||||
2 | to violate the law, or finds the existence of mitigating | ||||||
3 | circumstances as to justify remission of the forfeiture, he or | ||||||
4 | she shall cause the law enforcement agency having custody of | ||||||
5 | the property to return the property to the owner within a | ||||||
6 | reasonable time not to exceed 5 days. The State's Attorney | ||||||
7 | shall exercise his or her discretion prior to or promptly after | ||||||
8 | the preliminary review under Section 3.5 of this Act. | ||||||
9 | (b) If, after review of the facts surrounding the seizure, | ||||||
10 | the State's Attorney is of the opinion that the seized property | ||||||
11 | is subject to forfeiture and the State's Attorney does not | ||||||
12 | cause the forfeiture to be remitted under subsection (a) of | ||||||
13 | this Section, he or she shall bring an action for forfeiture in | ||||||
14 | the circuit court within whose jurisdiction the seizure and | ||||||
15 | confiscation has taken place by filing a complaint of | ||||||
16 | forfeiture proceedings as soon as practicable but not later | ||||||
17 | than 30 days after a finding of probable cause at a preliminary | ||||||
18 | review under Section 3.5 of this Act. A complaint of forfeiture | ||||||
19 | proceeding shall include: | ||||||
20 | (1) a description of the property seized; | ||||||
21 | (2) the date and place of seizure of the property; | ||||||
22 | (3) the name and address of the law enforcement agency | ||||||
23 | making the seizure; | ||||||
24 | (4) the specific statutory and factual grounds for the | ||||||
25 | seizure; | ||||||
26 | (5) whether the property was seized under an order of |
| |||||||
| |||||||
1 | seizure, and if the property was seized without an order of | ||||||
2 | seizure, an affidavit from a law enforcement officer | ||||||
3 | stating the factual and legal grounds for the seizure; | ||||||
4 | (6) in the complaint caption and in the complaint, the | ||||||
5 | names of persons known to the State who may claim an | ||||||
6 | interest in the property and the basis for each person's | ||||||
7 | alleged interest; and | ||||||
8 | (7) a summary of procedures and procedural rights | ||||||
9 | applicable to the forfeiture action. | ||||||
10 | (c) The complaint shall be served upon the person from whom | ||||||
11 | the property was seized and all persons known or reasonably | ||||||
12 | believed by the State to claim an interest in the property, | ||||||
13 | under Article II, Part 2 of the Code of Civil Procedure.
| ||||||
14 | (725 ILCS 150/8) (from Ch. 56 1/2, par. 1678)
| ||||||
15 | Sec. 8. Exemptions from forfeiture. | ||||||
16 | (a) No vessel or watercraft, vehicle, or aircraft used by | ||||||
17 | any person as a common carrier in the transaction of business | ||||||
18 | as that common carrier may be forfeited under this Act unless | ||||||
19 | the State proves by clear and convincing evidence that: | ||||||
20 | (1) in the case of a railway car or engine, the owner, | ||||||
21 | or | ||||||
22 | (2) in the case of any other vessel or watercraft, | ||||||
23 | vehicle, or aircraft, the owner or the master of the vessel | ||||||
24 | or watercraft or the owner or conductor, driver, pilot, or | ||||||
25 | other person in charge of the vehicle or aircraft was at |
| |||||||
| |||||||
1 | the time of the alleged illegal act a consenting party or | ||||||
2 | privy to the alleged illegal act. | ||||||
3 | (b) No vessel or watercraft, vehicle, or aircraft shall be | ||||||
4 | forfeited under this Act by reason of any act or omission | ||||||
5 | committed or omitted by any person other than the owner while | ||||||
6 | the vessel or watercraft, vehicle, or aircraft was unlawfully | ||||||
7 | in the possession of a person who acquired possession of the | ||||||
8 | vessel or watercraft, vehicle, or aircraft in violation of the | ||||||
9 | criminal laws of the United States, or of any state. | ||||||
10 | (c) Notwithstanding any other provision of law to the | ||||||
11 | contrary, the property of an innocent owner shall not be | ||||||
12 | forfeited under this Act. No property interest shall be subject | ||||||
13 | to forfeiture under this Act unless the State proves by clear | ||||||
14 | and convincing evidence that the underlying violation of the | ||||||
15 | Illinois Controlled Substances Act, the Cannabis Control Act, | ||||||
16 | the Methamphetamine Control and Community Protection Act, or | ||||||
17 | the Illinois Food, Drug and Cosmetic Act was committed with the | ||||||
18 | knowledge and consent of the owner. | ||||||
19 | (d) Homesteaded real property, a motor vehicle of less than | ||||||
20 | $10,000 in market value, or United States currency totaling | ||||||
21 | $200 or less is not subject to forfeiture under this Act. | ||||||
22 | A property interest is exempt
from forfeiture under this | ||||||
23 | Section if its owner or interest holder
establishes by a | ||||||
24 | preponderance of evidence that the owner or interest holder:
| ||||||
25 | (A)(i) in the case of personal property, is not legally | ||||||
26 | accountable
for the conduct giving rise to the forfeiture, did |
| |||||||
| |||||||
1 | not acquiesce in it, and
did not know and could not reasonably | ||||||
2 | have known of the conduct or that
the conduct was likely to | ||||||
3 | occur, or
| ||||||
4 | (ii) in the case of real property, is not legally | ||||||
5 | accountable for
the conduct giving rise to the forfeiture, or | ||||||
6 | did not solicit, conspire, or
attempt to commit the conduct | ||||||
7 | giving rise to the forfeiture; and
| ||||||
8 | (B) had not acquired and did not stand to acquire | ||||||
9 | substantial proceeds
from the conduct giving rise to its | ||||||
10 | forfeiture other than as an interest
holder in an arms length | ||||||
11 | commercial transaction; and
| ||||||
12 | (C) with respect to conveyances, did not hold the property | ||||||
13 | jointly or in
common with a person whose conduct gave rise to | ||||||
14 | the forfeiture; and
| ||||||
15 | (D) does not hold the property for the benefit of or as | ||||||
16 | nominee for any
person whose conduct gave rise to its | ||||||
17 | forfeiture, and, if the owner or
interest holder acquired the | ||||||
18 | interest through any such person, the owner or
interest holder | ||||||
19 | acquired it as a bona fide purchaser for value without
| ||||||
20 | knowingly taking part in the conduct giving rise to the | ||||||
21 | forfeiture; and
| ||||||
22 | (E) that the owner or interest holder acquired the | ||||||
23 | interest:
| ||||||
24 | (i) before the commencement of the conduct giving rise to | ||||||
25 | its forfeiture
and the person whose conduct gave rise to its | ||||||
26 | forfeiture did not have the
authority to convey the interest to |
| |||||||
| |||||||
1 | a bona fide purchaser for value at the
time of the conduct; or
| ||||||
2 | (ii) after the commencement of the conduct giving rise to | ||||||
3 | its forfeiture,
and the owner or interest holder acquired the | ||||||
4 | interest as a mortgagee,
secured creditor, lienholder, or bona | ||||||
5 | fide purchaser for value without
knowledge of the conduct which | ||||||
6 | gave rise to the forfeiture; and
| ||||||
7 | (a) in the case of personal property, without knowledge of | ||||||
8 | the seizure
of the property for forfeiture; or
| ||||||
9 | (b) in the case of real estate, before the filing in the | ||||||
10 | office of the
Recorder of Deeds of the county in which the real | ||||||
11 | estate is located of a
notice of seizure for forfeiture or a | ||||||
12 | lis pendens notice.
| ||||||
13 | (Source: P.A. 86-1382.)
| ||||||
14 | (725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
| ||||||
15 | Sec. 9. Judicial in rem procedures. The If property seized | ||||||
16 | under the
provisions of the Illinois Controlled Substances Act, | ||||||
17 | the Cannabis Control
Act, or the Methamphetamine Control and | ||||||
18 | Community Protection Act is non-real property that exceeds | ||||||
19 | $20,000 in value excluding the value
of any conveyance, or is | ||||||
20 | real property, or a claimant has filed a claim and
a cost bond | ||||||
21 | under subsection (C) of Section 6 of this Act, the following
| ||||||
22 | judicial in rem procedures shall apply to property seized under | ||||||
23 | the Illinois Controlled Substances Act, the Cannabis Control | ||||||
24 | Act, the Illinois Food, Drug and Cosmetic Act, or the | ||||||
25 | Methamphetamine Control and Community Protection Act: |
| |||||||
| |||||||
1 | (A) A judgment of forfeiture requires as a condition | ||||||
2 | precedent that a defendant be convicted in an underlying or | ||||||
3 | related criminal action of an offense under the Illinois | ||||||
4 | Controlled Substances Act, the Cannabis Control Act, the | ||||||
5 | Illinois Food, Drug and Cosmetic Act, or the Methamphetamine | ||||||
6 | Control and Community Protection Act for which forfeiture is | ||||||
7 | authorized. The court may waive the conviction requirement if | ||||||
8 | the State shows by clear and convincing evidence that the | ||||||
9 | defendant: | ||||||
10 | (i) died; | ||||||
11 | (ii) was deported by the United States government; | ||||||
12 | (iii) is granted immunity in exchange for testifying or | ||||||
13 | otherwise assisting a law enforcement investigation or | ||||||
14 | prosecution; or | ||||||
15 | (iv) fled the jurisdiction after being charged with an | ||||||
16 | offense for which forfeiture is authorized and released on | ||||||
17 | bail.
A defendant convicted in any criminal proceeding is | ||||||
18 | precluded from later denying the essential allegations of | ||||||
19 | the criminal offense of which the defendant was convicted | ||||||
20 | in any proceeding under this Act regardless of the pendency | ||||||
21 | of an appeal from that conviction. However, evidence of the | ||||||
22 | pendency of an appeal is admissible. | ||||||
23 | (B) The court shall stay civil forfeiture proceedings | ||||||
24 | during the criminal trial for a related criminal indictment or | ||||||
25 | information alleging a violation of the Illinois Controlled | ||||||
26 | Substances Act, the Cannabis Control Act, the Illinois Food, |
| |||||||
| |||||||
1 | Drug and Cosmetic Act, or the Methamphetamine Control and | ||||||
2 | Community Protection Act. The stay is not available pending an | ||||||
3 | appeal. Property subject to forfeiture under the Illinois | ||||||
4 | Controlled Substances Act, the Cannabis Control Act, the | ||||||
5 | Illinois Food, Drug and Cosmetic Act, or the Methamphetamine | ||||||
6 | Control and Community Protection Act is not subject to return | ||||||
7 | or release by a court exercising jurisdiction over a criminal | ||||||
8 | case involving the seizure of the property unless the return or | ||||||
9 | release is consented to by the State's Attorney. Upon dismissal | ||||||
10 | of all related criminal proceedings underlying the alleged | ||||||
11 | violation of this Article giving rise to forfeiture, the | ||||||
12 | State's Attorney shall immediately move for dismissal of the | ||||||
13 | forfeiture action. :
| ||||||
14 | (A) If, after a review of the facts surrounding the | ||||||
15 | seizure, the State's
Attorney is of the opinion that the seized | ||||||
16 | property is subject to
forfeiture, then within 45 days of the | ||||||
17 | receipt of notice of seizure by the
seizing agency or the | ||||||
18 | filing of the claim and cost bond, whichever is
later, the | ||||||
19 | State's Attorney shall institute judicial forfeiture | ||||||
20 | proceedings
by filing a verified complaint for forfeiture and, | ||||||
21 | if the claimant has
filed a claim and cost bond, by depositing | ||||||
22 | the cost bond with the clerk of
the court. When authorized by | ||||||
23 | 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 | (B) During the probable cause portion of the judicial in |
| |||||||
| |||||||
1 | rem
proceeding wherein the State presents its case-in-chief, | ||||||
2 | the court must
receive and consider, among other things, all | ||||||
3 | relevant hearsay evidence and
information. The laws of evidence | ||||||
4 | relating to civil actions shall apply to
all other portions of | ||||||
5 | the judicial in rem proceeding.
| ||||||
6 | (C) Only an owner of or interest holder in the property may | ||||||
7 | file an
answer asserting a claim against the property in the | ||||||
8 | action in rem . For
purposes of this Section, the owner or | ||||||
9 | interest holder shall be referred
to as claimant. A person not | ||||||
10 | named in the forfeiture complaint who claims to have an | ||||||
11 | interest in the property may petition to intervene as a | ||||||
12 | claimant under Section 2-408 of the Code of Civil Procedure. If | ||||||
13 | a claimant is financially unable to obtain representation by | ||||||
14 | counsel, the court may appoint counsel to represent that person | ||||||
15 | in the forfeiture proceeding.
| ||||||
16 | (D) The answer must be signed by the owner or interest | ||||||
17 | holder under
penalty of perjury and must set forth:
| ||||||
18 | (i) the caption of the proceedings as set forth on the | ||||||
19 | notice of pending
forfeiture and the name of the claimant;
| ||||||
20 | (ii) the address at which the claimant will accept | ||||||
21 | mail;
| ||||||
22 | (iii) the nature and extent of the claimant's interest | ||||||
23 | in the property;
| ||||||
24 | (iv) the date, identity of transferor, and | ||||||
25 | circumstances of the
claimant's acquisition of the | ||||||
26 | interest in the property;
|
| |||||||
| |||||||
1 | (v) the name and address of all other persons known to | ||||||
2 | have an interest
in the property;
| ||||||
3 | (vi) the specific provisions of Section 8 of this Act
| ||||||
4 | relied on in asserting it
is exempt from not subject to | ||||||
5 | forfeiture , if applicable ;
| ||||||
6 | (vii) all essential facts supporting each assertion; | ||||||
7 | and
| ||||||
8 | (viii) the precise relief sought.
| ||||||
9 | (E) The answer must be filed with the court within 45 days | ||||||
10 | after service
of the civil in rem complaint.
| ||||||
11 | (F) The trial hearing must be held within 60 days after | ||||||
12 | filing of the answer
unless continued for good cause.
| ||||||
13 | (G) The State shall have the burden of proving by clear and | ||||||
14 | convincing evidence that the property is subject to forfeiture | ||||||
15 | show the existence of probable cause for forfeiture
of the | ||||||
16 | property. If the State shows probable cause, the claimant has | ||||||
17 | the
burden of showing by a preponderance of the evidence that | ||||||
18 | the claimant's
interest in the property is not subject to | ||||||
19 | forfeiture .
| ||||||
20 | (H) If the State does not meet its burden of proof show | ||||||
21 | existence of probable cause or a claimant
has established by a | ||||||
22 | preponderance of evidence that the claimant has an
interest | ||||||
23 | that is exempt under Section 8 of this Act , the court shall | ||||||
24 | order
the interest in the property returned or conveyed to the | ||||||
25 | claimant and shall
order all other property forfeited to the | ||||||
26 | State. If the State does show
existence of probable cause and |
| |||||||
| |||||||
1 | the claimant does not establish by a
preponderance of evidence | ||||||
2 | that the claimant has an interest that is exempt
under Section | ||||||
3 | 8 of this Act, the court shall order all property forfeited
to | ||||||
4 | the State .
| ||||||
5 | (I) If the State meets its burden of proof, the court shall | ||||||
6 | order the property forfeited to the State. A defendant | ||||||
7 | convicted in any criminal proceeding is precluded from
later | ||||||
8 | denying the essential allegations of the criminal offense of | ||||||
9 | which
the defendant was convicted in any proceeding under this | ||||||
10 | Act
regardless of the pendency of an appeal from that | ||||||
11 | conviction. However,
evidence of the pendency of an appeal is | ||||||
12 | admissible.
| ||||||
13 | (J) (Blank). An acquittal or dismissal in a criminal | ||||||
14 | proceeding shall not
preclude civil proceedings under this Act; | ||||||
15 | however, for good cause shown,
on a motion by the State's | ||||||
16 | Attorney, the court may stay civil forfeiture
proceedings | ||||||
17 | during the criminal trial for a related criminal indictment or
| ||||||
18 | information alleging a violation of the Illinois Controlled | ||||||
19 | Substances Act,
the Cannabis Control Act, or the | ||||||
20 | Methamphetamine Control and Community Protection Act. Such a | ||||||
21 | stay shall not be available pending an
appeal. Property subject | ||||||
22 | to forfeiture under the Illinois Controlled
Substances Act, the | ||||||
23 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
24 | Community Protection Act shall not be subject to return
or | ||||||
25 | release by a court exercising jurisdiction over a criminal case
| ||||||
26 | involving the seizure of such property unless such return or |
| |||||||
| |||||||
1 | release is
consented to by the State's Attorney.
| ||||||
2 | (K) Provisional title to all All property declared | ||||||
3 | forfeited under this Act vests in this State
on the commission | ||||||
4 | of the conduct giving rise to forfeiture together with
the | ||||||
5 | proceeds of the property after that time. Except as otherwise | ||||||
6 | provided in this Act, any Any such property or
proceeds | ||||||
7 | subsequently transferred to any person remain subject to
| ||||||
8 | forfeiture and thereafter shall be ordered forfeited unless the | ||||||
9 | transferee claims and establishes in a hearing under the | ||||||
10 | provisions of this Act that
the transferee's interest is exempt | ||||||
11 | under Section 8 of this Act . A claimant who acquired, as a | ||||||
12 | transferee, an ownership interest in property that is the | ||||||
13 | subject of forfeiture proceedings under this Act after the | ||||||
14 | commission of the underlying violation of the Illinois | ||||||
15 | Controlled Substances Act, the Cannabis Control Act, the | ||||||
16 | Methamphetamine Control and Community Protection Act, or the | ||||||
17 | Illinois Food, Drug and Cosmetic Act, shall be barred from | ||||||
18 | asserting that his or her interest in the property is exempt | ||||||
19 | from forfeiture under subsection (c) of Section 8 of this Act, | ||||||
20 | unless the claimant shows by a preponderance of the evidence | ||||||
21 | that he or she acquired the interest as a mortgagee, secured | ||||||
22 | creditor, lienholder, or bona fide purchaser, without | ||||||
23 | knowledge of the seizure of the property and without notice of | ||||||
24 | any defect in title.
| ||||||
25 | (L) A civil action under this Act must be commenced within | ||||||
26 | 5 years
after the last conduct giving rise to forfeiture became |
| |||||||
| |||||||
1 | 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 | (M) A claimant is not jointly and severally liable for | ||||||
7 | forfeiture awards owed by other claimants. If ownership is | ||||||
8 | unclear, a court may order each claimant to forfeit property on | ||||||
9 | a pro rata basis or by another means the court finds equitable. | ||||||
10 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
11 | (725 ILCS 150/9.5 new) | ||||||
12 | Sec. 9.5. Proportionality hearing. | ||||||
13 | (a) If property has been declared forfeited under Section 9 | ||||||
14 | of this Act as an instrumentality of a drug offense, a | ||||||
15 | defendant may, within 30 days of the effective date of the | ||||||
16 | notice of the declaration of forfeiture, petition the court | ||||||
17 | that the forfeiture is grossly disproportional to the | ||||||
18 | seriousness of the offense. The claimant shall bear the burden | ||||||
19 | of persuasion by a preponderance of the evidence at a hearing | ||||||
20 | conducted by the court without a jury. In determining whether | ||||||
21 | the forfeiture of an instrumentality is excessive, the court | ||||||
22 | may consider all relevant factors, including, but not limited | ||||||
23 | to: | ||||||
24 | (1) the seriousness of the offense and its impact on | ||||||
25 | the community, including the duration of the activity and |
| |||||||
| |||||||
1 | the harm caused by the claimant; | ||||||
2 | (2) the extent to which the claimant participated in | ||||||
3 | the offense; | ||||||
4 | (3) the extent to which the property was used in | ||||||
5 | committing the offense; | ||||||
6 | (4) the sentence imposed for committing the crime | ||||||
7 | subject to forfeiture; and | ||||||
8 | (5) whether the offense was completed or attempted. | ||||||
9 | (b) In determining the value of the instrumentality subject | ||||||
10 | to forfeiture, the court may consider all relevant factors, | ||||||
11 | including, but not limited to: | ||||||
12 | (1) the fair market value of the property; | ||||||
13 | (2) the value of the property to the claimant, | ||||||
14 | including hardship to the claimant if the forfeiture is | ||||||
15 | realized; and | ||||||
16 | (3) the hardship from the loss of a primary residence, | ||||||
17 | motor vehicle, or other property to the claimant's family | ||||||
18 | members or others if the property is forfeited. | ||||||
19 | (c) The court may not consider the monetary value of the | ||||||
20 | instrumentality to the State in determining whether the | ||||||
21 | forfeiture of an instrumentality is disproportional to the | ||||||
22 | seriousness of the offense. | ||||||
23 | (d) If the claimant prevails in a proportionality hearing | ||||||
24 | under this Section, the court may order the property, or a | ||||||
25 | portion of the property, returned or conveyed to the claimant | ||||||
26 | as the court deems just.
|
| |||||||
| |||||||
1 | (725 ILCS 150/10) (from Ch. 56 1/2, par. 1680)
| ||||||
2 | Sec. 10. Stay of time periods. If property is seized for | ||||||
3 | evidence
and for forfeiture, the time periods for instituting | ||||||
4 | judicial and
non-judicial forfeiture proceedings shall not | ||||||
5 | begin until the property is
no longer necessary for evidence.
| ||||||
6 | (Source: P.A. 86-1382.)
| ||||||
7 | (725 ILCS 150/15 new) | ||||||
8 | Sec. 15. Return of property; damages and costs. | ||||||
9 | (a) The law enforcement agency that holds custody of | ||||||
10 | property seized for forfeiture shall return to the claimant, | ||||||
11 | within a reasonable period of time not to exceed 5 days after | ||||||
12 | the court orders the property to be returned or conveyed to the | ||||||
13 | claimant: | ||||||
14 | (1) property ordered by the court to be conveyed or | ||||||
15 | returned to the claimant under paragraph (H) of Section 9 | ||||||
16 | of this Act; and | ||||||
17 | (2) property ordered by the court to be conveyed or | ||||||
18 | returned to the claimant under subsection (d) of Section | ||||||
19 | 9.5 of this Act. | ||||||
20 | (b) The law enforcement agency that holds custody of | ||||||
21 | property described in subsection (a) of this Section is | ||||||
22 | responsible for any damages, storage fees, and related costs | ||||||
23 | applicable to property returned. The claimant is not subject to | ||||||
24 | any charges by the State for storage of the property or |
| |||||||
| |||||||
1 | expenses incurred in the preservation of the property. | ||||||
2 | (725 ILCS 150/16 new) | ||||||
3 | Sec. 16. Abandoned property. Abandoned property shall be | ||||||
4 | delivered to the Department of State Police within 30 days. For | ||||||
5 | purposes of this Section, "abandoned property" means personal | ||||||
6 | property left by an owner who intentionally relinquishes all | ||||||
7 | rights to its control. Real property may not be abandoned. | ||||||
8 | (725 ILCS 150/17 new) | ||||||
9 | Sec. 17. Distribution of proceeds; selling or retaining | ||||||
10 | seized property prohibited. | ||||||
11 | (a) Except as otherwise provided in this Section, the court | ||||||
12 | shall order that property forfeited under this Act be delivered | ||||||
13 | to the Department of State Police within 30 days. | ||||||
14 | (b) Upon motion, the court may order that a portion of the | ||||||
15 | currency seized or proceeds from public auction be used to pay | ||||||
16 | reasonable non-personnel expenses of the seizure, storage, and | ||||||
17 | maintenance of custody of any forfeited items. | ||||||
18 | (c) The Department of State Police or its designee shall | ||||||
19 | dispose of all non-currency forfeited and abandoned property at | ||||||
20 | public auction. The auction proceeds and forfeited currency | ||||||
21 | shall first be used to pay all outstanding recorded liens on | ||||||
22 | the forfeited property, then to comply with an order of the | ||||||
23 | court to pay reasonable non-personnel expenses under | ||||||
24 | subsection (b) of this Section, with all remaining funds to be |
| |||||||
| |||||||
1 | deposited into the Asset Forfeiture Proceeds Fund. | ||||||
2 | (d) A law enforcement agency shall not retain forfeited or | ||||||
3 | abandoned property for its own use or transfer the property to | ||||||
4 | any employee of the agency, to a person related to an employee | ||||||
5 | by blood or marriage, or to another law enforcement agency. | ||||||
6 | (725 ILCS 150/18 new) | ||||||
7 | Sec. 18. Transfer of forfeitable property to federal | ||||||
8 | government. | ||||||
9 | (a) No State, county, or municipal law enforcement agency, | ||||||
10 | or prosecuting authority may enter into an agreement to | ||||||
11 | transfer or refer seized property to a federal agency directly, | ||||||
12 | indirectly, by adoption, through an intergovernmental joint | ||||||
13 | taskforce, or by other means for the purposes of forfeiture | ||||||
14 | litigation, and instead shall refer the seized property to | ||||||
15 | appropriate local or State prosecuting authorities for | ||||||
16 | forfeiture litigation under this Act, unless the seized | ||||||
17 | property includes U.S. currency in excess of $100,000. | ||||||
18 | (b) If the seized property includes U.S. currency in excess | ||||||
19 | of $100,000, a State, county, or municipal law enforcement | ||||||
20 | agency may refer or transfer the seized property to a federal | ||||||
21 | agency for forfeiture litigation under federal law, but nothing | ||||||
22 | in this Section shall be construed to require a referral or | ||||||
23 | transfer. | ||||||
24 | (c) Nothing in subsections (a) or (b) of this Section shall | ||||||
25 | be construed to restrict a State, county, or municipal law |
| |||||||
| |||||||
1 | enforcement agency from collaborating with a federal agency to | ||||||
2 | seize contraband or property that the law enforcement agency | ||||||
3 | has probable cause to believe is the proceeds or instruments of | ||||||
4 | a crime by adoption, through an intergovernmental joint | ||||||
5 | taskforce, or by other means. | ||||||
6 | (725 ILCS 150/19 new) | ||||||
7 | Sec. 19. Disposition of property and proceeds from another | ||||||
8 | jurisdiction. | ||||||
9 | (a) Forfeited property received from another jurisdiction, | ||||||
10 | including the federal government, must be transferred to the | ||||||
11 | Department of State Police, sold at public auction by the | ||||||
12 | Department of State Police or its designee and deposited into | ||||||
13 | the Asset Forfeiture Proceeds Fund. | ||||||
14 | (b) Proceeds from the sale of forfeited property received | ||||||
15 | from another jurisdiction, including the federal government, | ||||||
16 | must be transferred to the Department of State Police and | ||||||
17 | deposited into the Asset Forfeiture Proceeds Fund. | ||||||
18 | (c) If federal law prohibits compliance with subsections | ||||||
19 | (a) and (b) of this Section, State and local law enforcement | ||||||
20 | agencies are prohibited from seeking or accepting forfeited | ||||||
21 | property or proceeds from the federal government. | ||||||
22 | (725 ILCS 150/20 new) | ||||||
23 | Sec. 20. Reporting. Property seized or forfeited under this | ||||||
24 | Act is subject to reporting under the Seizure and Forfeiture |
| |||||||
| |||||||
1 | Reporting Act. | ||||||
2 | (725 ILCS 150/4 rep.) | ||||||
3 | (725 ILCS 150/6 rep.) | ||||||
4 | (725 ILCS 150/7 rep.) | ||||||
5 | (725 ILCS 150/14 rep.) | ||||||
6 | Section 220. The Drug Asset Forfeiture Procedure Act is | ||||||
7 | amended by repealing Sections 4, 6, 7, and 14. | ||||||
8 | Section 225. The Narcotics Profit Forfeiture Act is amended | ||||||
9 | by changing Section 5 and by adding Section 6.5 as follows:
| ||||||
10 | (725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
| ||||||
11 | Sec. 5.
(a) A person who commits the offense of narcotics | ||||||
12 | racketeering
shall:
| ||||||
13 | (1) be guilty of a Class 1 felony; and
| ||||||
14 | (2) be subject to a fine of up to $250,000.
| ||||||
15 | A person who commits the offense of narcotics racketeering | ||||||
16 | or
who violates Section 3 of the Drug Paraphernalia Control Act | ||||||
17 | shall forfeit
to the State of Illinois: (A) any profits or | ||||||
18 | proceeds and any property or
property interest he has acquired | ||||||
19 | or maintained in violation of this Act or
Section 3 of the Drug | ||||||
20 | Paraphernalia Control Act or has used to facilitate a
violation | ||||||
21 | of this Act that the court determines, after a forfeiture
| ||||||
22 | hearing, under subsection (b) of this Section to have been | ||||||
23 | acquired or
maintained as a result of narcotics racketeering or |
| |||||||
| |||||||
1 | violating Section 3 of
the Drug Paraphernalia Control Act, or | ||||||
2 | used to facilitate narcotics
racketeering; and (B) any interest | ||||||
3 | in, security of, claim against, or
property or contractual | ||||||
4 | right of any kind affording a source of influence
over, any | ||||||
5 | enterprise which he has established, operated, controlled,
| ||||||
6 | conducted, or participated in the conduct of, in violation of | ||||||
7 | this Act or
Section 3 of the Drug Paraphernalia Control Act, | ||||||
8 | that the court determines,
after a forfeiture hearing, under | ||||||
9 | subsection (b) of this Section
to have been acquired or | ||||||
10 | maintained as a result of narcotics racketeering
or violating | ||||||
11 | Section 3 of the
Drug Paraphernalia Control Act or used to | ||||||
12 | facilitate narcotics racketeering.
| ||||||
13 | (b) The court shall, upon petition by the Attorney General | ||||||
14 | or State's
Attorney, at any time subsequent to the filing of an | ||||||
15 | information or return
of an indictment, conduct a hearing to | ||||||
16 | determine whether any property or
property interest is subject | ||||||
17 | to forfeiture under this Act. At the
forfeiture hearing the | ||||||
18 | people shall have the burden of establishing, by clear and | ||||||
19 | convincing a
preponderance of the evidence, that property or | ||||||
20 | property interests are
subject to forfeiture under this Act. | ||||||
21 | There is a rebuttable presumption at
such hearing that any | ||||||
22 | property or property interest of a person charged by
| ||||||
23 | information or indictment with narcotics racketeering or who is | ||||||
24 | convicted
of a violation of Section 3 of the Drug Paraphernalia | ||||||
25 | Control Act is
subject to forfeiture under this Section if the | ||||||
26 | State establishes by clear and convincing a
preponderance of |
| |||||||
| |||||||
1 | the evidence that:
| ||||||
2 | (1) such property or property interest was acquired by | ||||||
3 | such person
during the period of the violation of this Act | ||||||
4 | or Section 3 of the Drug
Paraphernalia Control Act or | ||||||
5 | within a reasonable time
after such period; and
| ||||||
6 | (2) there was no likely source for such property or | ||||||
7 | property interest
other than the violation of this Act or | ||||||
8 | Section 3 of the Drug
Paraphernalia Control Act.
| ||||||
9 | (c) In an action brought by the People of the State of | ||||||
10 | Illinois under
this Act, wherein any restraining order, | ||||||
11 | injunction or prohibition or
any other action in connection | ||||||
12 | with any property or property interest
subject to forfeiture | ||||||
13 | under this Act is sought, the circuit court which
shall preside | ||||||
14 | over the trial of the person or persons charged with
narcotics | ||||||
15 | racketeering as defined in Section 4 of this Act or violating
| ||||||
16 | Section 3 of the Drug Paraphernalia Control Act shall first | ||||||
17 | determine
whether there is probable cause to believe that the | ||||||
18 | person or persons so
charged has committed the offense of | ||||||
19 | narcotics racketeering as defined in
Section 4 of this Act or a | ||||||
20 | violation of Section 3 of the Drug Paraphernalia
Control Act | ||||||
21 | and whether the property or property interest is subject to
| ||||||
22 | forfeiture pursuant to this Act.
| ||||||
23 | In order to make such a determination,
prior to entering | ||||||
24 | any such order, the court shall conduct a hearing without
a | ||||||
25 | jury, wherein the People shall establish that there is: (i) | ||||||
26 | probable
cause that the person or persons so charged have |
| |||||||
| |||||||
1 | committed the offense of
narcotics racketeering or violating | ||||||
2 | Section 3 of the Drug Paraphernalia
Control Act and (ii) | ||||||
3 | probable cause that any
property or property interest may be | ||||||
4 | subject to forfeiture
pursuant to this Act. Such hearing may be | ||||||
5 | conducted simultaneously with a
preliminary hearing, if the | ||||||
6 | prosecution is commenced by information or
complaint, or by | ||||||
7 | motion of the People, at any stage in the proceedings.
The | ||||||
8 | court may accept a finding of probable cause at a preliminary | ||||||
9 | hearing
following the filing of an information charging the | ||||||
10 | offense
of narcotics racketeering as defined in Section 4 of | ||||||
11 | this Act or the return of
an indictment by a grand jury | ||||||
12 | charging the offense of narcotics
racketeering as defined in | ||||||
13 | Section 4 of this Act or after a charge is
filed for violating | ||||||
14 | Section 3 of the Drug Paraphernalia Control Act as
sufficient | ||||||
15 | evidence of probable cause as provided in item (i) above.
| ||||||
16 | Upon such a finding, the circuit court shall enter such | ||||||
17 | restraining
order, injunction or prohibition, or shall take | ||||||
18 | such other action in connection
with any such property or | ||||||
19 | property interest subject to forfeiture under this
Act, as is | ||||||
20 | necessary to insure that such property is not removed from the
| ||||||
21 | jurisdiction of the court, concealed, destroyed or otherwise | ||||||
22 | disposed of by
the owner of that property or property interest | ||||||
23 | prior to a forfeiture
hearing under subsection (b) of this | ||||||
24 | Section. The Attorney General or
State's Attorney shall file a | ||||||
25 | certified copy of
such restraining order, injunction or other | ||||||
26 | prohibition with the recorder
of deeds or registrar of titles |
| |||||||
| |||||||
1 | of each county where any such property of
the defendant may be | ||||||
2 | located. No such injunction, restraining order or
other | ||||||
3 | prohibition shall affect the rights of any bona fide purchaser,
| ||||||
4 | mortgagee, judgment creditor or other lien holder arising prior | ||||||
5 | to the date
of such filing.
| ||||||
6 | The court may, at any
time, upon verified petition by the | ||||||
7 | defendant, conduct a hearing to release
all or portions of any | ||||||
8 | such property or interest which the court
previously determined | ||||||
9 | to be subject to forfeiture or subject to any
restraining | ||||||
10 | order, injunction, or prohibition or other action. The
court | ||||||
11 | may release such property to the defendant for good cause shown | ||||||
12 | and
within the sound discretion of the court.
| ||||||
13 | (d) Prosecution under this Act may be commenced by the | ||||||
14 | Attorney General
or a State's Attorney.
| ||||||
15 | (e) Upon an order of forfeiture being entered pursuant to | ||||||
16 | subsection
(b) of this Section, the
court shall authorize the | ||||||
17 | Attorney General to seize any property or property
interest | ||||||
18 | declared forfeited under this Act and under such terms and | ||||||
19 | conditions
as the court shall deem proper.
Any property or | ||||||
20 | property interest that has been the subject of an
entered | ||||||
21 | restraining order, injunction or prohibition or any other | ||||||
22 | action
filed under subsection (c) shall be forfeited unless the | ||||||
23 | claimant can show
by a preponderance of the evidence that the | ||||||
24 | property or property interest
has not been acquired or | ||||||
25 | maintained as a result of narcotics racketeering
or has not | ||||||
26 | been used to facilitate narcotics racketeering.
|
| |||||||
| |||||||
1 | (f) The Attorney General or his designee is authorized to | ||||||
2 | sell all property forfeited
and seized pursuant to this Act, | ||||||
3 | unless such property is required by law
to be destroyed or is | ||||||
4 | harmful to the public, and, after the deduction of
all | ||||||
5 | requisite expenses of administration and sale, shall | ||||||
6 | distribute the
proceeds of such sale, along with any moneys | ||||||
7 | forfeited or seized, in accordance
with subsection (g) or (h), | ||||||
8 | whichever is applicable.
| ||||||
9 | (g) All monies and the sale proceeds of all other property | ||||||
10 | forfeited and
seized pursuant to this Act shall be deposited | ||||||
11 | into the Asset Forfeiture Proceeds Fund. distributed as | ||||||
12 | follows:
| ||||||
13 | (1) An amount equal to 50% shall be distributed to the | ||||||
14 | unit of
local government whose
officers or employees | ||||||
15 | conducted the investigation into narcotics
racketeering | ||||||
16 | and caused the arrest or arrests and prosecution leading to
| ||||||
17 | the forfeiture. Amounts distributed to units of local | ||||||
18 | government shall be
used for enforcement of laws governing | ||||||
19 | narcotics activity or for public education in the community | ||||||
20 | or schools in the
prevention or detection of the abuse of | ||||||
21 | drugs or
alcohol. In the event,
however, that the | ||||||
22 | investigation, arrest or arrests and prosecution leading
| ||||||
23 | to the forfeiture
were undertaken solely by a State agency, | ||||||
24 | the portion provided hereunder
shall be paid into the Drug | ||||||
25 | Traffic Prevention Fund in the State treasury
to be used | ||||||
26 | for enforcement of laws governing narcotics activity.
|
| |||||||
| |||||||
1 | (2) An amount equal to 12.5% shall be distributed to | ||||||
2 | the
county in which the prosecution resulting in the | ||||||
3 | forfeiture was instituted,
deposited in a special fund in | ||||||
4 | the county treasury and appropriated to the
State's | ||||||
5 | Attorney for use in the enforcement of laws governing | ||||||
6 | narcotics
activity or for public education in the community | ||||||
7 | or schools in the
prevention or detection of the abuse of | ||||||
8 | drugs or
alcohol.
| ||||||
9 | An amount equal to 12.5% shall be distributed to the | ||||||
10 | Office
of the State's Attorneys Appellate Prosecutor and | ||||||
11 | deposited in the
Narcotics Profit Forfeiture Fund, which is | ||||||
12 | hereby created in the State
treasury, to be used by the | ||||||
13 | Office of the State's Attorneys Appellate
Prosecutor for | ||||||
14 | additional expenses incurred in prosecuting appeals | ||||||
15 | arising
under this Act. Any amounts remaining in the Fund | ||||||
16 | after all additional
expenses have been paid shall be used | ||||||
17 | by the Office to reduce the
participating county | ||||||
18 | contributions to the Office on a pro-rated basis as
| ||||||
19 | determined by the
board of governors of the Office of the | ||||||
20 | State's Attorneys Appellate
Prosecutor based on the | ||||||
21 | populations of the participating counties.
| ||||||
22 | (3) An amount equal to 25% shall be paid into the Drug | ||||||
23 | Traffic
Prevention Fund in the State
treasury to be used by | ||||||
24 | the Department of State Police for funding Metropolitan
| ||||||
25 | Enforcement Groups created pursuant to the | ||||||
26 | Intergovernmental Drug Laws Enforcement
Act. Any amounts |
| |||||||
| |||||||
1 | remaining in the Fund after full funding of Metropolitan
| ||||||
2 | Enforcement Groups shall be used for enforcement, by the | ||||||
3 | State or any unit
of local government, of laws governing | ||||||
4 | narcotics activity or for public education in the community | ||||||
5 | or schools in the
prevention or detection of the abuse of | ||||||
6 | drugs or
alcohol.
| ||||||
7 | (h) Where the investigation or indictment for the offense | ||||||
8 | of narcotics
racketeering or a violation of Section 3 of the | ||||||
9 | Drug Paraphernalia Control
Act has occurred under the | ||||||
10 | provisions of the Statewide Grand Jury Act, all
monies and the | ||||||
11 | sale proceeds of all other property shall be distributed as | ||||||
12 | follows:
| ||||||
13 | (1) (Blank). 60% shall be distributed to the | ||||||
14 | metropolitan enforcement group,
local, municipal, county, | ||||||
15 | or State law enforcement agency or agencies which
conducted | ||||||
16 | or participated in the investigation resulting in the | ||||||
17 | forfeiture.
The distribution shall bear a reasonable | ||||||
18 | relationship to the degree of
direct participation of the | ||||||
19 | law enforcement agency in the effort resulting
in the | ||||||
20 | forfeiture, taking into account the total value of the | ||||||
21 | property
forfeited and the total law enforcement effort | ||||||
22 | with respect to the
violation of the law on which the | ||||||
23 | forfeiture is based. Amounts distributed
to the agency or | ||||||
24 | agencies shall be used for the enforcement of laws
| ||||||
25 | governing cannabis and controlled substances or for public | ||||||
26 | education in the community or schools in the
prevention or |
| |||||||
| |||||||
1 | detection of the abuse of drugs or
alcohol.
| ||||||
2 | (2) 25% shall be distributed by the Attorney General as | ||||||
3 | grants to
drug education, treatment and prevention | ||||||
4 | programs licensed or approved by the Department of Human | ||||||
5 | Services. In making these grants, the Attorney General | ||||||
6 | shall take
into account the plans and service priorities | ||||||
7 | of, and the needs identified
by, the Department of Human | ||||||
8 | Services.
| ||||||
9 | (3) 75% shall be deposited into the Asset Forfeiture | ||||||
10 | Proceeds Fund. 15% shall be distributed to the Attorney | ||||||
11 | General and the State's
Attorney, if any, participating in | ||||||
12 | the prosecution resulting in the
forfeiture. The | ||||||
13 | distribution shall bear a reasonable relationship to the
| ||||||
14 | degree of direct participation in the prosecution of the | ||||||
15 | offense, taking
into account the total value of the | ||||||
16 | property forfeited and the total amount
of time spent in | ||||||
17 | preparing and presenting the case, the complexity of the
| ||||||
18 | case and other similar factors. Amounts distributed to the | ||||||
19 | Attorney
General under this paragraph shall be retained in | ||||||
20 | a fund held by the State
Treasurer as ex-officio custodian | ||||||
21 | to be designated as the Statewide Grand
Jury Prosecution | ||||||
22 | Fund and paid out upon the direction of the Attorney
| ||||||
23 | General for expenses incurred in criminal prosecutions | ||||||
24 | arising under the
Statewide Grand Jury Act. Amounts | ||||||
25 | distributed to a State's Attorney shall
be deposited in a | ||||||
26 | special fund in the county treasury and appropriated to
the |
| |||||||
| |||||||
1 | State's Attorney for use in the enforcement of laws | ||||||
2 | governing narcotics activity or for public education in the | ||||||
3 | community or schools in the
prevention or detection of the | ||||||
4 | abuse of drugs or
alcohol.
| ||||||
5 | (i) (Blank). All monies deposited pursuant to this Act in | ||||||
6 | the Drug Traffic Prevention
Fund established under Section | ||||||
7 | 5-9-1.2 of the Unified Code of Corrections
are appropriated, on | ||||||
8 | a continuing basis, to the Department of State Police
to be | ||||||
9 | used for funding Metropolitan Enforcement Groups created | ||||||
10 | pursuant
to the Intergovernmental Drug Laws Enforcement Act or | ||||||
11 | otherwise for the
enforcement of laws governing narcotics | ||||||
12 | activity or for public education in the community or schools in | ||||||
13 | the
prevention or detection of the abuse of drugs or
alcohol.
| ||||||
14 | (Source: P.A. 99-686, eff. 7-29-16.)
| ||||||
15 | (725 ILCS 175/6.5 new) | ||||||
16 | Sec. 6.5. Reporting.
Property seized or forfeited under | ||||||
17 | this Article is subject to reporting under the Seizure and | ||||||
18 | Forfeiture Reporting Act. | ||||||
19 | Section 230. The Illinois Streetgang Terrorism Omnibus | ||||||
20 | Prevention Act is amended by changing Section 40 as follows:
| ||||||
21 | (740 ILCS 147/40)
| ||||||
22 | Sec. 40. Forfeiture Contraband .
| ||||||
23 | (a) The following are subject to seizure or forfeiture |
| |||||||
| |||||||
1 | declared to be contraband and no person shall
have a property | ||||||
2 | 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) Property subject to forfeiture under this Section may | ||||||
10 | be seized under the procedures under Section 36-2.1 of the | ||||||
11 | Criminal Code of 2012, except that seizure of real property may | ||||||
12 | occur only under a court order issued after proper notice to | ||||||
13 | property owners and an opportunity for a contested hearing to | ||||||
14 | determine the sufficiency of probable cause for the seizure. | ||||||
15 | Nothing in this subsection (b) prohibits the prosecuting | ||||||
16 | attorney from seeking a lis pendens or restraining order to | ||||||
17 | hinder the sale or destruction of real property. | ||||||
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 | ||||||
21 | clear and convincing evidence that the property was acquired | ||||||
22 | through a pattern of streetgang related activity with the | ||||||
23 | knowledge and consent of the owner. | ||||||
24 | (d) Property forfeited under this Section shall be disposed | ||||||
25 | of under Section 36-7 of the Criminal Code of 2012 for the | ||||||
26 | forfeiture of vehicles, vessels, and aircraft. |
| |||||||
| |||||||
1 | (e) Property seized or forfeited under this Section is | ||||||
2 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
3 | Act. Within 60 days of the date of the seizure of contraband | ||||||
4 | under this
Section, the State's Attorney shall initiate | ||||||
5 | forfeiture proceedings as
provided
in Article 36 of the | ||||||
6 | Criminal Code of 2012. An owner or person who has a lien
on the | ||||||
7 | property may
establish as a defense to the forfeiture of | ||||||
8 | property
that is subject to forfeiture under this Section that | ||||||
9 | the owner or lienholder
had no knowledge that the property was | ||||||
10 | acquired through a pattern of
streetgang related activity. | ||||||
11 | Property that is forfeited under this Section
shall be disposed | ||||||
12 | of as provided in Article 36 of the Criminal Code of 2012
for | ||||||
13 | the forfeiture of vehicles, vessels, and aircraft. The
proceeds | ||||||
14 | of the disposition shall be paid to the Gang Violence Victims
| ||||||
15 | and Witnesses Fund to be used to assist in the prosecution of | ||||||
16 | gang crimes.
| ||||||
17 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
18 | Section 235. The Illinois Securities Law of 1953 is amended | ||||||
19 | by changing Section 11 as follows:
| ||||||
20 | (815 ILCS 5/11) (from Ch. 121 1/2, par. 137.11)
| ||||||
21 | Sec. 11. Duties and powers of the Secretary of State.
| ||||||
22 | A. (1) The administration of this Act is vested in the | ||||||
23 | Secretary of State,
who may from time to time make, amend and | ||||||
24 | rescind such rules and
regulations as may be necessary to carry |
| |||||||
| |||||||
1 | out this Act, including rules and
regulations governing | ||||||
2 | procedures of registration, statements, applications and
| ||||||
3 | reports for various classes of securities, persons and matters | ||||||
4 | within his or
her jurisdiction and defining any terms, whether | ||||||
5 | or not used in this Act,
insofar as the definitions are not | ||||||
6 | inconsistent with this Act. The rules and
regulations adopted | ||||||
7 | by the Secretary of State under this Act shall be effective
in | ||||||
8 | the manner provided for in the Illinois Administrative | ||||||
9 | Procedure Act.
| ||||||
10 | (2) Among other things, the Secretary of State shall have | ||||||
11 | authority, for
the purposes of this Act, to prescribe the form | ||||||
12 | or forms in which required
information shall be set forth, | ||||||
13 | accounting practices, the items or
details to be shown in | ||||||
14 | balance sheets and earning statements, and the
methods to be | ||||||
15 | followed in the preparation of accounts, in the appraisal
or | ||||||
16 | valuation of assets and liabilities, in the determination of
| ||||||
17 | depreciation and depletion, in the differentiation of | ||||||
18 | recurring and
non-recurring income, in the differentiation of | ||||||
19 | investment and operating
income, and in the preparation of | ||||||
20 | consolidated balance sheets or income
accounts of any person, | ||||||
21 | directly or indirectly, controlling or
controlled by the | ||||||
22 | issuer, or any person under direct or indirect common
control | ||||||
23 | with the issuer.
| ||||||
24 | (3) No provision of this Act imposing any liability shall | ||||||
25 | apply to any act
done or omitted in good faith in conformity | ||||||
26 | with any rule or regulation of the
Secretary of State under |
| |||||||
| |||||||
1 | this Act, notwithstanding that the rule
or regulation may, | ||||||
2 | after the act or omission, be amended or
rescinded or be | ||||||
3 | determined by judicial or other authority to be invalid for any
| ||||||
4 | reason.
| ||||||
5 | (4) The Securities Department of the Office of the | ||||||
6 | Secretary of State shall
be deemed a criminal justice agency | ||||||
7 | for purposes of all federal and state laws
and regulations and, | ||||||
8 | in that capacity, shall be entitled to access to any
| ||||||
9 | information available to criminal justice agencies
and has the | ||||||
10 | power to
appoint special agents to conduct all investigations, | ||||||
11 | searches, seizures,
arrests, and other duties imposed under the | ||||||
12 | provisions of any law
administered by the Department. The | ||||||
13 | special agents have and may
exercise all the powers of peace | ||||||
14 | officers solely for the purpose of
enforcing provisions of this | ||||||
15 | Act.
| ||||||
16 | The Director must authorize to each special agent employed | ||||||
17 | under
this Section a distinct badge that, on its face, (i) | ||||||
18 | clearly states that
the badge is authorized by the Department | ||||||
19 | and (ii) contains a
unique and identifying number.
| ||||||
20 | Special agents shall comply with all training requirements
| ||||||
21 | established for law enforcement officers by provisions of the
| ||||||
22 | Illinois Police Training Act.
| ||||||
23 | (5) The Secretary of State, by rule, may conditionally or | ||||||
24 | unconditionally
exempt any person, security, or transaction, | ||||||
25 | or any class or classes of
persons, securities,
or transactions | ||||||
26 | from any provision of Section 5, 6, 7, 8, 8a, or 9 of this
Act |
| |||||||
| |||||||
1 | or of any rule promulgated under these Sections, to the extent | ||||||
2 | that
such
exemption is
necessary or appropriate in the public | ||||||
3 | interest, and is consistent with the
protection of investors.
| ||||||
4 | B. The Secretary of State may, anything in this Act to the | ||||||
5 | contrary
notwithstanding, require financial statements and | ||||||
6 | reports of the issuer,
dealer, Internet portal, salesperson, | ||||||
7 | investment adviser, or investment adviser
representative as | ||||||
8 | often as circumstances may
warrant. In addition, the Secretary | ||||||
9 | of
State may secure information or books and records from or | ||||||
10 | through others
and may make or cause to be made investigations | ||||||
11 | respecting the business,
affairs, and property of the issuer of | ||||||
12 | securities, any person involved in the
sale or offer for sale, | ||||||
13 | purchase or offer to purchase of any mineral investment
| ||||||
14 | contract, mineral deferred delivery contract, or security and | ||||||
15 | of dealers, Internet portals,
salespersons, investment | ||||||
16 | advisers, and investment adviser
representatives that are | ||||||
17 | registered or are the
subject of an application for | ||||||
18 | registration under this Act. The
costs of an investigation | ||||||
19 | shall be borne by the registrant or
the applicant, provided | ||||||
20 | that the registrant or applicant shall not
be obligated to pay | ||||||
21 | the costs without his, her or its consent in
advance.
| ||||||
22 | C. Whenever it shall appear to the Secretary of State, | ||||||
23 | either upon
complaint or otherwise, that this Act, or any rule | ||||||
24 | or regulation
prescribed under authority thereof, has been or | ||||||
25 | is about to be violated,
he or she may, in his or her | ||||||
26 | discretion, do one or more of the
following:
|
| |||||||
| |||||||
1 | (1) require or permit the person to file with the | ||||||
2 | Secretary
of State a statement in writing under oath, or | ||||||
3 | otherwise, as to all the facts
and circumstances concerning | ||||||
4 | the subject matter which the Secretary of State
believes to | ||||||
5 | be in the public interest to investigate, audit, examine, | ||||||
6 | or
inspect;
| ||||||
7 | (2) conduct an investigation, audit, examination, or | ||||||
8 | inspection as
necessary or advisable for the protection of | ||||||
9 | the interests of the
public; and
| ||||||
10 | (3) appoint investigators to conduct all | ||||||
11 | investigations, searches,
seizures,
arrests, and other | ||||||
12 | duties imposed under the provisions of any law
administered | ||||||
13 | by the Department. The Director must authorize to each
| ||||||
14 | investigator employed under this Section a distinct badge
| ||||||
15 | that,
on its face,
(i) clearly states that the badge is | ||||||
16 | authorized by the Department and
(ii) contains a unique and | ||||||
17 | identifying number.
| ||||||
18 | D. (1) For the purpose of all investigations, audits, | ||||||
19 | examinations, or
inspections which in the opinion
of the | ||||||
20 | Secretary of State are necessary and proper for the enforcement
| ||||||
21 | of this Act, the Secretary of State or a person designated by | ||||||
22 | him or
her is empowered to administer oaths and affirmations, | ||||||
23 | subpoena witnesses,
take evidence, and require, by subpoena or | ||||||
24 | other lawful means provided by
this Act or the rules adopted by | ||||||
25 | the Secretary of State,
the production of any books and | ||||||
26 | records, papers,
or other
documents which the Secretary of |
| |||||||
| |||||||
1 | State or a person designated by him
or her deems relevant or | ||||||
2 | material to the inquiry.
| ||||||
3 | (2) The Secretary of
State or a person designated by him or | ||||||
4 | her is further empowered to
administer oaths and affirmations, | ||||||
5 | subpoena witnesses, take evidence, and
require the production | ||||||
6 | of any books and records, papers, or other documents
in this
| ||||||
7 | State at the request of a securities agency of another state, | ||||||
8 | if the
activities constituting the alleged violation for which | ||||||
9 | the information is
sought would be in violation of Section 12 | ||||||
10 | of this Act if the activities
had occurred in this State.
| ||||||
11 | (3) The Circuit Court of any County of this State, upon | ||||||
12 | application of the
Secretary of State or a person designated by | ||||||
13 | him or her may order the
attendance of witnesses, the | ||||||
14 | production of books and records, papers, accounts
and documents | ||||||
15 | and the giving of testimony before the Secretary of State or a
| ||||||
16 | person designated by him or her; and any failure to obey the | ||||||
17 | order
may be punished by the Circuit Court as a contempt | ||||||
18 | thereof.
| ||||||
19 | (4) The fees of subpoenaed witnesses under this Act for
| ||||||
20 | attendance and travel shall be the same as fees of witnesses | ||||||
21 | before the
Circuit Courts of this State, to be paid when the | ||||||
22 | witness
is excused from further attendance, provided, the | ||||||
23 | witness is
subpoenaed at the instance of the Secretary of | ||||||
24 | State; and payment of the fees shall be made and audited in the | ||||||
25 | same manner as other expenses of
the Secretary of State.
| ||||||
26 | (5) Whenever a subpoena is issued at the request of a |
| |||||||
| |||||||
1 | complainant or
respondent as the case may be, the Secretary of | ||||||
2 | State may require that the cost
of service and the fee of the | ||||||
3 | witness shall be borne by the party at whose
instance the | ||||||
4 | witness is summoned.
| ||||||
5 | (6) The Secretary of State shall have power at his or her | ||||||
6 | discretion, to
require a deposit to cover the cost of the | ||||||
7 | service and
witness fees and the payment of the legal witness | ||||||
8 | fee and mileage to the
witness served with subpoena.
| ||||||
9 | (7) A subpoena issued under this Act shall be served in the | ||||||
10 | same manner
as a subpoena issued out of a circuit court.
| ||||||
11 | (8) The Secretary of State may in any investigation, | ||||||
12 | audits, examinations,
or inspections cause the taking of | ||||||
13 | depositions of persons residing within or
without this State in | ||||||
14 | the manner provided in civil actions under the laws of
this | ||||||
15 | State.
| ||||||
16 | E. Anything in this Act to the contrary notwithstanding:
| ||||||
17 | (1) If the Secretary of State shall find that the offer | ||||||
18 | or sale or
proposed offer or sale or method of offer or | ||||||
19 | sale of any securities by any
person, whether exempt or | ||||||
20 | not, in this State, is fraudulent, or would
work or tend to | ||||||
21 | work a fraud or deceit, or is being offered or sold in
| ||||||
22 | violation of Section 12,
or there has been a failure or | ||||||
23 | refusal to submit any notification filing or
fee required | ||||||
24 | under this Act,
the Secretary of State may by written order | ||||||
25 | prohibit
or suspend the offer or sale of securities by that | ||||||
26 | person or deny or revoke the
registration of the securities |
| |||||||
| |||||||
1 | or the exemption from registration
for the securities.
| ||||||
2 | (2) If the Secretary of State shall find that any | ||||||
3 | person has violated
subsection C, D, E, F, G, H, I, J, or K | ||||||
4 | of Section 12 of
this Act, the Secretary of State may by | ||||||
5 | written order temporarily or
permanently prohibit or | ||||||
6 | suspend the person from offering or
selling any securities, | ||||||
7 | any mineral
investment contract, or any mineral deferred | ||||||
8 | delivery contract in this
State, provided that any person | ||||||
9 | who is the subject of an order of
permanent prohibition may | ||||||
10 | petition the Secretary of State for a hearing to
present | ||||||
11 | evidence of rehabilitation or change in circumstances | ||||||
12 | justifying
the amendment or termination of the order of | ||||||
13 | permanent prohibition.
| ||||||
14 | (3) If the Secretary of State shall find that any | ||||||
15 | person is engaging or
has engaged in the business of | ||||||
16 | selling or offering for sale securities as a
dealer, | ||||||
17 | Internet portal, or salesperson or is acting or has acted | ||||||
18 | as an investment adviser,
investment adviser | ||||||
19 | representative, or
federal covered investment adviser,
| ||||||
20 | without prior thereto and at the time thereof having | ||||||
21 | complied with the
registration or notice filing | ||||||
22 | requirements of this Act, the Secretary of
State may by
| ||||||
23 | written order prohibit or suspend the person from engaging | ||||||
24 | in the
business of selling or offering for sale securities, | ||||||
25 | or acting as an investment
adviser, investment adviser | ||||||
26 | representative, or federal covered investment
adviser, in |
| |||||||
| |||||||
1 | this State.
| ||||||
2 | (4) In addition to any other sanction or remedy | ||||||
3 | contained in this
subsection E, the Secretary of State, | ||||||
4 | after finding that any provision of
this Act has been | ||||||
5 | violated, may impose a fine as provided by rule,
regulation | ||||||
6 | or order not to exceed $10,000 for each
violation of this | ||||||
7 | Act, may
issue an order of public censure against the | ||||||
8 | violator, and may charge as
costs of investigation all | ||||||
9 | reasonable expenses, including attorney's fees and
witness | ||||||
10 | fees.
| ||||||
11 | F. (1) The Secretary of State shall not deny, suspend or | ||||||
12 | revoke the
registration of securities, suspend or revoke the | ||||||
13 | registration of a
dealer, Internet portal, salesperson, | ||||||
14 | investment adviser, or investment adviser
representative, | ||||||
15 | prohibit or suspend the
offer or sale of any securities, | ||||||
16 | prohibit or suspend any person from
offering or selling any | ||||||
17 | securities in this State, prohibit or
suspend a dealer or | ||||||
18 | salesperson from engaging in the business of selling or
| ||||||
19 | offering for sale securities, prohibit or suspend a person from | ||||||
20 | acting as
an investment adviser or federal covered investment | ||||||
21 | adviser, or investment
adviser representative, impose any
fine | ||||||
22 | for violation of this Act, issue an
order of public censure, or | ||||||
23 | enter into an agreed settlement except after an
opportunity for | ||||||
24 | hearing upon not less than 10 days notice given by personal
| ||||||
25 | service or registered mail or certified mail, return receipt | ||||||
26 | requested, to
the person or persons concerned. Such notice |
| |||||||
| |||||||
1 | shall state the date and time
and place of the hearing and | ||||||
2 | shall contain a brief statement of
the proposed action of the | ||||||
3 | Secretary of State and the grounds for
the proposed action. A | ||||||
4 | failure to appear at the hearing or
otherwise respond to the | ||||||
5 | allegations set forth in the notice of
hearing shall constitute | ||||||
6 | an admission of any facts alleged therein and shall
constitute | ||||||
7 | sufficient basis to enter an order.
| ||||||
8 | (2) Anything herein contained to the contrary | ||||||
9 | notwithstanding, the Secretary
of State may temporarily | ||||||
10 | prohibit or suspend, for a maximum period of 90 days,
by an | ||||||
11 | order effective immediately, the offer or sale or registration | ||||||
12 | of
securities, the registration of a dealer, Internet portal, | ||||||
13 | salesperson, investment
adviser, or investment adviser | ||||||
14 | representative, or
the offer or sale of securities by any | ||||||
15 | person, or the business of rendering
investment advice, without | ||||||
16 | the notice and prior hearing in this subsection
prescribed, if | ||||||
17 | the Secretary of State shall in his or her opinion, based on
| ||||||
18 | credible evidence, deem it necessary to prevent an imminent | ||||||
19 | violation of this
Act or to prevent losses to investors which | ||||||
20 | the Secretary of State reasonably
believes will occur as a | ||||||
21 | result of a prior violation of this Act. Immediately
after | ||||||
22 | taking action without such notice and hearing, the Secretary
of | ||||||
23 | State shall deliver a copy of the
temporary order to the | ||||||
24 | respondent named therein by personal service or
registered mail | ||||||
25 | or certified mail, return receipt requested. The temporary
| ||||||
26 | order shall set forth the grounds for the action and shall |
| |||||||
| |||||||
1 | advise that the
respondent may request a hearing, that
the | ||||||
2 | request for a hearing will not stop the effectiveness of the | ||||||
3 | temporary
order and that respondent's failure to request a | ||||||
4 | hearing within 30 days
after the date of the entry of the | ||||||
5 | temporary order shall constitute an
admission of any facts | ||||||
6 | alleged therein and shall constitute sufficient
basis to make | ||||||
7 | the temporary order final. Any provision of this paragraph
(2) | ||||||
8 | to the contrary notwithstanding, the Secretary of State may not
| ||||||
9 | pursuant to the provisions of this paragraph (2) suspend the | ||||||
10 | registration
of a dealer, limited Canadian dealer, | ||||||
11 | salesperson, investment
adviser, or investment adviser | ||||||
12 | representative based upon sub-paragraph (n)
of paragraph (l) of | ||||||
13 | subsection E of Section 8 of this Act or revoke
the | ||||||
14 | registration of securities or revoke the registration of any
| ||||||
15 | dealer, salesperson, investment adviser representative, or | ||||||
16 | investment
adviser.
| ||||||
17 | (3) The Secretary of State may issue a temporary order | ||||||
18 | suspending or
delaying the effectiveness of any registration of | ||||||
19 | securities under
subsection A or B of Section 5, 6 or 7 of this | ||||||
20 | Act subsequent to and upon
the basis of the issuance of any | ||||||
21 | stop, suspension or similar order by the
Securities and | ||||||
22 | Exchange Commission with respect to the securities which are
| ||||||
23 | the subject of the registration under subsection A or B of | ||||||
24 | Section 5, 6 or
7 of this Act, and the order shall become | ||||||
25 | effective as of the date
and time of effectiveness of the | ||||||
26 | Securities and Exchange Commission order and
shall be vacated |
| |||||||
| |||||||
1 | automatically at such time as the order of the
Securities and | ||||||
2 | Exchange Commission is no longer in effect.
| ||||||
3 | (4) When the Secretary of State finds that an application | ||||||
4 | for registration
as a dealer, Internet portal, salesperson, | ||||||
5 | investment adviser, or investment
adviser representative | ||||||
6 | should be denied, the Secretary
of State may enter an order | ||||||
7 | denying the registration. Immediately
after taking such | ||||||
8 | action, the Secretary of State shall deliver a
copy of the | ||||||
9 | order to the respondent named therein by personal service or
| ||||||
10 | registered mail or certified mail, return receipt requested. | ||||||
11 | The order shall
state the grounds for the action and that the | ||||||
12 | matter will be set
for hearing upon written request filed with | ||||||
13 | the Secretary of State within 30
days after the receipt of the | ||||||
14 | request by the respondent. The
respondent's failure to request | ||||||
15 | a hearing within 30 days after receipt of
the order shall | ||||||
16 | constitute an admission of any facts alleged
therein and shall | ||||||
17 | make the order final. If a hearing is held, the
Secretary of | ||||||
18 | State shall affirm, vacate, or modify the order.
| ||||||
19 | (5) The findings and decision of the Secretary of State | ||||||
20 | upon the
conclusion of each final hearing held pursuant to this | ||||||
21 | subsection shall
be set forth in a written order signed on | ||||||
22 | behalf of the Secretary of
State by his or her designee and | ||||||
23 | shall be filed as a public record. All
hearings shall be held | ||||||
24 | before a person designated by the Secretary of State,
and | ||||||
25 | appropriate records thereof shall be kept.
| ||||||
26 | (6) Notwithstanding the foregoing, the Secretary of State, |
| |||||||
| |||||||
1 | after
notice and opportunity for hearing, may at his or her | ||||||
2 | discretion enter into
an agreed settlement, stipulation or | ||||||
3 | consent order with a respondent in
accordance with the | ||||||
4 | provisions of the Illinois Administrative
Procedure Act. The | ||||||
5 | provisions of the agreed settlement, stipulation or
consent | ||||||
6 | order shall have the full force and effect of an order issued | ||||||
7 | by the
Secretary of State.
| ||||||
8 | (7) Anything in this Act to the contrary notwithstanding, | ||||||
9 | whenever
the Secretary of State finds that a person is | ||||||
10 | currently expelled from, refused
membership in or association | ||||||
11 | with, or limited in any material capacity by a
self-regulatory | ||||||
12 | organization registered under the Federal 1934 Act or the
| ||||||
13 | Federal 1974 Act because of a fraudulent or deceptive act or a | ||||||
14 | practice in
violation of a rule, regulation, or standard duly | ||||||
15 | promulgated by the
self-regulatory organization, the Secretary | ||||||
16 | of State may, at his or her
discretion, enter a Summary Order | ||||||
17 | of Prohibition, which shall prohibit the
offer
or sale of any | ||||||
18 | securities, mineral investment contract, or mineral deferred
| ||||||
19 | delivery contract by the person in this State. The order shall | ||||||
20 | take effect
immediately upon its entry. Immediately after | ||||||
21 | taking the action the Secretary
of State shall deliver a copy | ||||||
22 | of the order to the named Respondent by
personal service or | ||||||
23 | registered mail or certified mail, return receipt
requested. A | ||||||
24 | person who is the subject of an Order of Prohibition may
| ||||||
25 | petition the Secretary of State for a hearing to present | ||||||
26 | evidence of
rehabilitation or change in circumstances |
| |||||||
| |||||||
1 | justifying the
amendment or termination of the Order of | ||||||
2 | Prohibition.
| ||||||
3 | G. No administrative action shall be brought by the | ||||||
4 | Secretary of State
for relief under this Act or upon or because | ||||||
5 | of any of the matters for
which relief is granted by this Act | ||||||
6 | after the earlier to occur of (i) 3
years from the date upon | ||||||
7 | which the Secretary of State had notice of facts
which in the | ||||||
8 | exercise of reasonable diligence would lead to actual
knowledge | ||||||
9 | of the alleged violation of the Act, or (ii) 5 years from the
| ||||||
10 | date on which the alleged violation occurred.
| ||||||
11 | H. The action of the Secretary of State in denying, | ||||||
12 | suspending, or revoking
the registration of a dealer, Internet | ||||||
13 | portal, limited Canadian dealer, salesperson, investment | ||||||
14 | adviser, or investment adviser representative, in
prohibiting
| ||||||
15 | any person from engaging in the business of offering or selling | ||||||
16 | securities as a
dealer, limited Canadian dealer, or | ||||||
17 | salesperson, in prohibiting or
suspending the offer or sale of
| ||||||
18 | securities by any person, in prohibiting a person from acting | ||||||
19 | as an investment
adviser, federal covered investment adviser, | ||||||
20 | or investment adviser
representative, in denying, suspending, | ||||||
21 | or
revoking the registration of securities, in
prohibiting or | ||||||
22 | suspending the offer or sale or proposed offer or sale of
| ||||||
23 | securities, in imposing any fine for violation of this Act, or | ||||||
24 | in issuing any
order shall be subject to judicial review in the | ||||||
25 | Circuit Courts
of
Cook or Sangamon Counties in this State. The
| ||||||
26 | Administrative Review
Law shall apply to and
govern every |
| |||||||
| |||||||
1 | action for the judicial review of final actions or decisions
of | ||||||
2 | the Secretary of State under this Act.
| ||||||
3 | I. Notwithstanding any other provisions of this Act to the | ||||||
4 | contrary,
whenever it shall appear to the Secretary of State | ||||||
5 | that any
person is engaged or about to engage in any acts or | ||||||
6 | practices which
constitute or will constitute a violation of | ||||||
7 | this Act or of any rule or
regulation prescribed under | ||||||
8 | authority of this Act, the Secretary of State
may at his or her | ||||||
9 | discretion, through the Attorney General take any of the
| ||||||
10 | following actions:
| ||||||
11 | (1) File a complaint and apply for a temporary | ||||||
12 | restraining order without
notice, and upon a proper showing | ||||||
13 | the court may enter a temporary
restraining order without | ||||||
14 | bond, to enforce this Act.
| ||||||
15 | (2) File a complaint and apply for a preliminary or | ||||||
16 | permanent
injunction, and, after notice and a hearing and | ||||||
17 | upon a proper showing,
the court may grant a preliminary or | ||||||
18 | permanent injunction and may order the
defendant to make an | ||||||
19 | offer of rescission with respect to any sales or
purchases | ||||||
20 | of securities, mineral investment contracts, or mineral
| ||||||
21 | deferred delivery contracts determined by the court to be | ||||||
22 | unlawful under
this Act.
| ||||||
23 | (3) Seek the seizure of assets when probable cause | ||||||
24 | exists that the
assets
were
obtained by a defendant through | ||||||
25 | conduct in violation of Section 12,
paragraph F, G, I, J, | ||||||
26 | K, or L of this Act, and thereby subject to a judicial
|
| |||||||
| |||||||
1 | forfeiture hearing as required under this Act.
| ||||||
2 | (a) In the event that such probable cause exists | ||||||
3 | that the subject of an
investigation who is alleged to | ||||||
4 | have committed one of the relevant
violations of this | ||||||
5 | Act has in his possession assets obtained as a
result | ||||||
6 | of the conduct giving rise to the violation, the | ||||||
7 | Secretary of
State may seek a seizure warrant in any | ||||||
8 | circuit court in Illinois.
| ||||||
9 | (b) In seeking a seizure warrant, the Secretary of | ||||||
10 | State, or his
or her designee, shall submit to the | ||||||
11 | court a sworn affidavit detailing the
probable cause | ||||||
12 | evidence for the seizure, the location of the assets
to | ||||||
13 | be seized, the relevant violation under Section 12 of | ||||||
14 | this Act, and
a statement detailing any known owners or | ||||||
15 | interest holders in the
assets.
| ||||||
16 | (c) Seizure of the assets shall be made by any | ||||||
17 | peace officer upon
process of the seizure warrant | ||||||
18 | issued by the court. Following the
seizure of assets | ||||||
19 | under this Act and pursuant to a seizure warrant,
| ||||||
20 | notice of seizure, including a description of the | ||||||
21 | seized assets, shall
immediately be returned to the | ||||||
22 | issuing court. Seized assets shall be
maintained | ||||||
23 | pending a judicial forfeiture hearing in accordance | ||||||
24 | with
the instructions of the court. Assets seized under | ||||||
25 | this Section are subject to reporting under the Seizure | ||||||
26 | and Forfeiture Reporting Act.
|
| |||||||
| |||||||
1 | (d) In the event that management of seized assets | ||||||
2 | becomes necessary
to prevent the devaluation, | ||||||
3 | dissipation, or otherwise to preserve the
property, | ||||||
4 | the court shall have jurisdiction to appoint a | ||||||
5 | receiver,
conservator, ancillary receiver, or | ||||||
6 | ancillary conservator for that
purpose, as provided in | ||||||
7 | item (2) of this subsection.
| ||||||
8 | (4) Seek the forfeiture of assets obtained through | ||||||
9 | conduct in violation of
Section 12, paragraph F, G, H, I, | ||||||
10 | J, K, or L when authorized by law. A
forfeiture must be | ||||||
11 | ordered by a circuit court or an action brought by the
| ||||||
12 | Secretary of State as provided for in this Act, under a | ||||||
13 | verified complaint
for forfeiture.
| ||||||
14 | (a) In the event assets have been seized pursuant | ||||||
15 | to this Act,
forfeiture
proceedings shall be | ||||||
16 | instituted by the Attorney General within 45
days of | ||||||
17 | seizure.
| ||||||
18 | (b) Service of the complaint filed under the | ||||||
19 | provisions of this Act
shall
be made in the manner as | ||||||
20 | provided in civil actions in this State.
| ||||||
21 | (c) Only an owner of or interest holder in the | ||||||
22 | property may file an
answer asserting a claim against | ||||||
23 | the property. For purposes of this Section,
the owner | ||||||
24 | or interest holder shall be
referred to as claimant.
| ||||||
25 | (d) The answer must be signed by the owner or | ||||||
26 | interest holder under
penalty of perjury and must set |
| |||||||
| |||||||
1 | forth:
| ||||||
2 | (i) the caption of the proceedings as set forth | ||||||
3 | on the notice of
pending forfeiture and the name of | ||||||
4 | the claimant;
| ||||||
5 | (ii) the address at which the claimant will | ||||||
6 | accept 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 | ||||||
13 | known to have an
interest in the property;
| ||||||
14 | (vi) the specific provisions of this Act | ||||||
15 | relied on in asserting that
the
property is not | ||||||
16 | subject to forfeiture;
| ||||||
17 | (vii) all essential facts supporting each | ||||||
18 | assertion; and
| ||||||
19 | (viii) the precise relief sought.
| ||||||
20 | (e) The answer must be filed with the court within | ||||||
21 | 45 days after service
of the complaint.
| ||||||
22 | (f) A property interest is exempt from forfeiture | ||||||
23 | under this Act if its
owner or interest holder | ||||||
24 | establishes by a preponderance of
evidence that the | ||||||
25 | owner or interest holder:
| ||||||
26 | (i) is not legally accountable for the conduct |
| |||||||
| |||||||
1 | giving rise to
the forfeiture, did not acquiesce in | ||||||
2 | it, and did not know
and could not reasonably have | ||||||
3 | known of the conduct or
that the conduct was likely | ||||||
4 | to occur;
| ||||||
5 | (ii) with respect to conveyances, did not hold | ||||||
6 | the property
jointly or in common with a person | ||||||
7 | whose conduct gave
rise to the forfeiture;
| ||||||
8 | (iii) does not hold the property for the | ||||||
9 | benefit of or as a
nominee for any person whose | ||||||
10 | conduct gave rise to its
forfeiture and the owner | ||||||
11 | or interest holder acquires it
as a bona fide | ||||||
12 | purchaser for value without knowingly
taking part | ||||||
13 | in the conduct giving rise to the forfeiture; or
| ||||||
14 | (iv) acquired the interest after the
| ||||||
15 | commencement of the conduct giving rise to its | ||||||
16 | forfeiture
and the owner or interest holder | ||||||
17 | acquired the interest as a
mortgagee, secured | ||||||
18 | creditor, lienholder, or bona fide
purchaser for | ||||||
19 | value without knowledge of the conduct
that gave | ||||||
20 | rise to the forfeiture.
| ||||||
21 | (g) The hearing must be held within 60 days after | ||||||
22 | the answer is filed
unless continued for good cause.
| ||||||
23 | (h) During the probable cause portion of the | ||||||
24 | judicial in rem proceeding
wherein the Secretary of | ||||||
25 | State presents its case-in-chief, the court
must | ||||||
26 | receive and consider, among other things, any relevant
|
| |||||||
| |||||||
1 | hearsay evidence and information. The laws of evidence | ||||||
2 | relating
to civil actions shall apply to all other | ||||||
3 | portions of the judicial in
rem proceeding.
| ||||||
4 | (i) The Secretary of State shall show the existence | ||||||
5 | of probable cause
for forfeiture of the property. If | ||||||
6 | the Secretary of State shows
probable cause, the | ||||||
7 | claimant has the burden of showing by a
preponderance | ||||||
8 | of the evidence that the claimant's interest in the
| ||||||
9 | property is not subject to forfeiture.
| ||||||
10 | (j) If the Secretary of State does not show the | ||||||
11 | existence of probable
cause or a claimant has an | ||||||
12 | interest that is exempt under
subdivision I (4)(d) of | ||||||
13 | this Section, the court shall order the interest in the
| ||||||
14 | property returned
or conveyed to the claimant and shall | ||||||
15 | order all other property
forfeited to the Secretary of | ||||||
16 | State pursuant to all provisions of this Act. If
the | ||||||
17 | Secretary of State does show the existence of probable
| ||||||
18 | cause and the claimant does not establish by a | ||||||
19 | preponderance of
the evidence that the claimant has an | ||||||
20 | interest that is exempt under
subsection D herein, the | ||||||
21 | court shall order all the property forfeited
to the | ||||||
22 | Secretary of State pursuant to the provisions of the | ||||||
23 | Section.
| ||||||
24 | (k) A defendant convicted in any criminal | ||||||
25 | proceeding is precluded
from later denying the | ||||||
26 | essential allegations of the criminal offense
of which |
| |||||||
| |||||||
1 | the defendant was convicted in any proceeding for
| ||||||
2 | violations of the Act giving rise to forfeiture of | ||||||
3 | property herein
regardless of the pendency of an appeal | ||||||
4 | from that conviction.
However, evidence of the | ||||||
5 | pendency of an appeal is admissible.
| ||||||
6 | (l) An acquittal or dismissal in a criminal | ||||||
7 | proceeding for violations of
the Act giving rise to the | ||||||
8 | forfeiture of property herein shall not
preclude civil | ||||||
9 | proceedings under this provision; however, for good
| ||||||
10 | cause shown, on a motion by the Secretary of State, the | ||||||
11 | court may
stay civil forfeiture proceedings during the | ||||||
12 | criminal trial for a
related criminal indictment or | ||||||
13 | information alleging violation of the
provisions of | ||||||
14 | Section 12 of the Illinois Securities Law of 1953.
| ||||||
15 | Property subject to forfeiture under this Section | ||||||
16 | shall not be subject
to return or release by a court | ||||||
17 | exercising jurisdiction over a
criminal case involving | ||||||
18 | the seizure of the property unless the return
or | ||||||
19 | release is consented to by the Secretary of State.
| ||||||
20 | (m) All property declared forfeited under this Act | ||||||
21 | vests in the State on
the commission of the conduct | ||||||
22 | giving rise to forfeiture together
with the proceeds of | ||||||
23 | the property after that time. Any such
property or | ||||||
24 | proceeds subsequently transferred to any person remain
| ||||||
25 | subject to forfeiture and thereafter shall be ordered | ||||||
26 | forfeited unless
the transferee claims and establishes |
| |||||||
| |||||||
1 | in a hearing under the
provisions of this Act that the | ||||||
2 | transferee's interest is exempt under
the Act. Any | ||||||
3 | assets forfeited to the State shall be disposed of in
| ||||||
4 | following manner:
| ||||||
5 | (i) all forfeited property and assets shall be | ||||||
6 | liquidated by the
Secretary of State in accordance | ||||||
7 | with all laws and
rules governing the disposition | ||||||
8 | of such property;
| ||||||
9 | (ii) the Secretary of State shall provide the | ||||||
10 | court at the time the
property and assets are | ||||||
11 | declared forfeited a verified
statement of | ||||||
12 | investors subject to the conduct giving rise to the
| ||||||
13 | forfeiture;
| ||||||
14 | (iii) after payment of any costs of sale, | ||||||
15 | receivership, storage, or
expenses for | ||||||
16 | preservation of the property seized, other costs
| ||||||
17 | to the State, and payment to claimants for any | ||||||
18 | amount
deemed exempt from forfeiture, the proceeds | ||||||
19 | from
liquidation shall be distributed pro rata to | ||||||
20 | investors subject to the
conduct giving rise to the | ||||||
21 | forfeiture; and
| ||||||
22 | (iv) any proceeds remaining after all verified | ||||||
23 | investors have
been made whole shall be | ||||||
24 | distributed 50% 25% to the
Securities Investors | ||||||
25 | Education Fund and 50% , 25%
to the Securities | ||||||
26 | Audit and
Enforcement Fund , 25% to the Attorney |
| |||||||
| |||||||
1 | General or any
State's Attorney bringing criminal | ||||||
2 | charges for the conduct
giving rise to the | ||||||
3 | forfeiture, and 25% to other law
enforcement | ||||||
4 | agencies participating in the investigation of
the | ||||||
5 | criminal charges for the conduct giving rise to the
| ||||||
6 | forfeiture. In the event that no other law | ||||||
7 | enforcement
agencies are involved in the | ||||||
8 | investigation of the conduct
giving rise to the | ||||||
9 | forfeiture, then the portion to other law
| ||||||
10 | enforcement agencies shall be distributed to the
| ||||||
11 | Securities Investors Education Fund .
| ||||||
12 | (n) The Secretary of State shall notify by | ||||||
13 | certified mail, return
receipt
requested, all known | ||||||
14 | investors in the matter giving rise to the forfeiture
| ||||||
15 | of the forfeiture proceeding and sale of assets | ||||||
16 | forfeited arising from the
violations of this Act, and | ||||||
17 | shall further publish notice in a paper of
general | ||||||
18 | circulation in the district in which the violations | ||||||
19 | were prosecuted.
The notice to investors shall | ||||||
20 | identify the name, address, and other
identifying | ||||||
21 | information about any defendant prosecuted for | ||||||
22 | violations
of this Act that resulted in forfeiture and | ||||||
23 | sale of property, the offense
for which the defendant | ||||||
24 | was convicted, and that the court has ordered
| ||||||
25 | forfeiture and sale of property for claims of investors | ||||||
26 | who incurred losses
or damages as a result of the |
| |||||||
| |||||||
1 | violations. Investors may then file a claim
in a form | ||||||
2 | prescribed by the Secretary of State in order to share | ||||||
3 | in
disbursement of the proceeds from sale of the | ||||||
4 | forfeited property.
Investor claims must be filed with | ||||||
5 | the Secretary of State within 30 days
after receipt of | ||||||
6 | the certified mail return receipt, or within 30 days | ||||||
7 | after the
last
date of publication of the general | ||||||
8 | notice in a paper of general circulation
in the | ||||||
9 | district in which the violations were prosecuted, | ||||||
10 | whichever occurs
last.
| ||||||
11 | (o) A civil action under this subsection must be | ||||||
12 | commenced within 5
years
after
the last conduct giving | ||||||
13 | rise to the forfeiture became known or should
have | ||||||
14 | become known or 5 years after the forfeitable property | ||||||
15 | is
discovered, whichever is later, excluding time | ||||||
16 | during which either the
property or claimant is out of | ||||||
17 | this State or in confinement or during which
criminal | ||||||
18 | proceedings relating to the same conduct are in | ||||||
19 | progress.
| ||||||
20 | (p) If property is seized for evidence and for | ||||||
21 | forfeiture, the time
periods
for
instituting judicial | ||||||
22 | forfeiture proceedings shall not begin until the
| ||||||
23 | property is no longer necessary for evidence.
| ||||||
24 | (q) Notwithstanding other provisions of this Act, | ||||||
25 | the Secretary of State
and
a
claimant of forfeitable | ||||||
26 | property may enter into an agreed-upon settlement
|
| |||||||
| |||||||
1 | concerning the forfeitable property in such an amount | ||||||
2 | and upon such
terms as are set out in writing in a | ||||||
3 | settlement agreement.
| ||||||
4 | (r) Nothing in this Act shall apply to property | ||||||
5 | that constitutes
reasonable
bona
fide attorney's fees | ||||||
6 | paid to an attorney for services rendered or to be
| ||||||
7 | rendered in the forfeiture proceeding or criminal | ||||||
8 | proceeding relating
directly thereto when the property | ||||||
9 | was paid before its seizure and before
the issuance of | ||||||
10 | any seizure warrant or court order prohibiting | ||||||
11 | transfer of
the property and when the attorney, at the | ||||||
12 | time he or she received the
property, did not know that | ||||||
13 | it was property subject to forfeiture under
this Act.
| ||||||
14 | The court shall further have jurisdiction and authority, in | ||||||
15 | addition to the
penalties and other remedies in this Act | ||||||
16 | provided, to enter an order for
the appointment of the court or | ||||||
17 | a person as a receiver, conservator,
ancillary receiver or | ||||||
18 | ancillary conservator for the defendant or the
defendant's | ||||||
19 | assets located in this State, or to require restitution,
| ||||||
20 | damages or disgorgement of profits on behalf of the person or | ||||||
21 | persons
injured by the act or practice constituting the subject | ||||||
22 | matter of the
action, and may assess costs against the | ||||||
23 | defendant for the use of the
State; provided, however, that the | ||||||
24 | civil remedies of rescission and
appointment of a receiver, | ||||||
25 | conservator, ancillary receiver
or ancillary conservator shall | ||||||
26 | not be available against any person by
reason of the failure to |
| |||||||
| |||||||
1 | file with the Secretary of State, or on account of
the contents | ||||||
2 | of, any report of sale provided for in subsection G or P of
| ||||||
3 | Section 4, paragraph (2) of subsection D of Sections 5 and 6, | ||||||
4 | or paragraph
(2) of subsection F of Section 7 of this Act. | ||||||
5 | Appeals may be
taken as in other civil cases.
| ||||||
6 | I-5. Property forfeited under this Section is subject to | ||||||
7 | reporting under the Seizure and Forfeiture Reporting Act. | ||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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 .)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||