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91_HB1567
LRB9105280RCks
1 AN ACT to amend the Drug Asset Forfeiture Procedure Act
2 by changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Drug Asset Forfeiture Procedure Act is
6 amended by changing Section 2 as follows:
7 (725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)
8 Sec. 2. Legislative Declaration. The General Assembly
9 finds that the civil forfeiture of property which is used or
10 intended to be used in, is attributable to or facilitates the
11 manufacture, sale, transportation, distribution, possession
12 or use of substances in certain violations of the Illinois
13 Controlled Substances Act or the Cannabis Control Act, will
14 have a significant beneficial effect in deterring the rising
15 incidence of the abuse and trafficking of such substances
16 within this State. While forfeiture may secure for State and
17 local units of government some resources for deterring drug
18 abuse and drug trafficking, forfeiture is not intended to be
19 an alternative means of funding the administration of
20 criminal justice. The General Assembly further finds that the
21 federal narcotics civil forfeiture statute upon which this
22 Act is based has been very successful in deterring the use
23 and distribution of controlled substances within this State
24 and throughout the country. It is therefore the intent of
25 the General Assembly that the forfeiture provisions of this
26 Act be construed in light of the federal forfeiture
27 provisions contained in 21 U.S.C. 881 as interpreted by the
28 federal courts, except to the extent that the provisions of
29 this Act expressly differ from the federal forfeiture
30 provisions contained in 21 U.S.C. 881 therefrom.
31 (Source: P.A. 86-1382; 87-614.)