Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.
725 ILCS 5/124B-130 (725 ILCS 5/124B-130) Sec. 124B-130. Personal property exempt from forfeiture. (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she is not legally accountable for the |
| conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur.
|
|
(2) He or she had not acquired and did not stand to
|
| acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms-length commercial transaction.
|
|
(3) He or she does not hold the property for the
|
| benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
|
|
(4) He or she acquired the interest without knowledge
|
| of the seizure of the property for forfeiture and either:
|
|
(A) acquired the interest before the commencement
|
| of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
|
|
(B) acquired the interest after the commencement
|
| of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
|
|
(5) With respect to a property interest in existence
|
| at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
|
|
(A) did not know of the conduct giving rise to
|
|
(B) upon learning of the conduct giving rise to
|
| the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
|
|
(6) With respect to conveyances, he or she did not
|
| hold the property jointly or in common with a person whose conduct gave rise to the forfeiture.
|
|
(7) The property is not a type of property,
|
| possession of which is otherwise in violation of law.
|
|
(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
(1) Gave timely notice to an appropriate law
|
| enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
|
|
(2) In a timely fashion revoked or made a good faith
|
| attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
|
|
A person is not required by this subsection (b) to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10.)
|
(725 ILCS 5/124B-140) Sec. 124B-140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B-125 through 124B-135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following: (1) Severing and releasing the property. (2) Transferring the property to the State with a |
| provision that the State compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets.
|
|
(3) Permitting the innocent owner to retain the
|
| property subject to a lien in favor of the State to the extent of the forfeitable interest in the property.
|
|
(Source: P.A. 96-712, eff. 1-1-10.)
|
(725 ILCS 5/124B-150)
Sec. 124B-150. Protective order; probable cause. (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take other appropriate action, to preserve the availability of property for forfeiture under this Article. Before entering such an order or taking such action, the court shall first determine the following: (1) Whether there is probable cause to believe that |
| the person or persons so charged have committed the offense.
|
|
(2) Whether the property is subject to forfeiture
|
|
(b) In order to make the determinations of probable cause required under subsection (a), the court shall conduct a hearing without a jury. In that hearing, the State must establish both of the following:
(1) There is probable cause that the person or
|
| persons charged have committed the offense.
|
|
(2) There is probable cause that property may be
|
| subject to forfeiture under this Article.
|
|
(c) The court may conduct the hearing under subsection (b) simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint. The court may conduct the hearing under subsection (b) at any stage in the criminal proceedings upon the State's motion.
(d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b).
(e) Upon making a finding of probable cause as required under this Section, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing under this Article.
(f) The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any property of the defendant subject to forfeiture is located.
(Source: P.A. 96-712, eff. 1-1-10.)
|