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91_HB0726eng
HB0726 Engrossed LRB9102953MWgc
1 AN ACT to amend the Narcotic Control Division Abolition
2 Act by changing Section 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Narcotic Control Division Abolition Act
6 is amended by changing Section 7 as follows:
7 (20 ILCS 2620/7) (from Ch. 127, par. 55j)
8 Sec. 7. Expenditures; evidence; forfeited property.
9 (a) The Director and the inspectors appointed by him,
10 when authorized by the Director, may expend such sums as the
11 Director deems necessary in the purchase of controlled
12 substances and cannabis for evidence and in the employment of
13 persons to obtain evidence.
14 Such sums to be expended shall be advanced to the officer
15 who is to make such purchase or employment from funds
16 appropriated or made available by law for the support or use
17 of the Department on vouchers therefor signed by the
18 Director. The Director and such officers are authorized to
19 maintain one or more commercial checking accounts with any
20 State banking corporation or corporations organized under or
21 subject to the Illinois Banking Act for the deposit and
22 withdrawal of moneys to be used for the purchase of evidence
23 and for the employment of persons to obtain evidence;
24 provided that no check may be written on nor any withdrawal
25 made from any such account except on the written signatures
26 of 2 persons designated by the Director to write such checks
27 and make such withdrawals. All accounts maintained under this
28 subsection are subject to review by audits of the Auditor
29 General.
30 (b) The Director is authorized to maintain one or more
31 commercial bank accounts with any State banking corporation
HB0726 Engrossed -2- LRB9102953MWgc
1 or corporations organized under or subject to the Illinois
2 Banking Act, as now or hereafter amended, for the deposit or
3 withdrawal of (i) moneys forfeited to the Department,
4 including the proceeds of the sale of forfeited property, as
5 provided in Section 2 of the State Officers and Employees
6 Money Disposition Act, as now or hereafter amended, pending
7 disbursement to participating agencies and deposit of the
8 Department's share as provided in subsection (c), and (ii)
9 all moneys being held as evidence by the Department, pending
10 final court disposition; provided that no check may be
11 written on or any withdrawal made from any such account
12 except on the written signatures of 2 persons designated by
13 the Director to write such checks and make such withdrawals.
14 All accounts maintained under this subsection are subject to
15 review by audits of the Auditor General.
16 (c) All moneys received by the Illinois State Police as
17 their share of forfeited funds (including the proceeds of the
18 sale of forfeited property) received pursuant to the Drug
19 Asset Forfeiture Procedure Act, the Cannabis Control Act, the
20 Illinois Controlled Substances Act, the Environmental
21 Protection Act, or any other Illinois law shall be deposited
22 into the State Asset Forfeiture Fund, which is hereby created
23 as an interest-bearing special fund in the State treasury.
24 All moneys received by the Illinois State Police as their
25 share of forfeited funds (including the proceeds of the sale
26 of forfeited property) received pursuant to federal equitable
27 sharing transfers shall be deposited into the Federal Asset
28 Forfeiture Fund, which is hereby created as an
29 interest-bearing special fund in the State treasury.
30 The moneys deposited into the State Asset Forfeiture Fund
31 and the Federal Asset Forfeiture Fund shall be appropriated
32 to the Department of State Police and may be used by the
33 Illinois State Police in accordance with law.
34 (Source: P.A. 90-9, eff. 7-1-97.)
HB0726 Engrossed -3- LRB9102953MWgc
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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