Public Act 096-1234
 
HB5130 EnrolledLRB096 17682 RLC 34995 b


  
    AN ACT concerning law enforcement.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Department of State Police Law of the
Civil 
Administrative Code of Illinois is amended by adding Sections 
2605-585 and 2605-590 as follows:
 
    (20 ILCS 2605/2605-585 new)
    Sec. 2605-585. Money Laundering Asset Recovery Fund. 
Moneys and the sale proceeds distributed to the Department of 
State Police pursuant to clause (h)(6)(C) of Section 29B-1 of 
the Criminal Code of 1961 shall be deposited in a special fund 
in the State treasury to be known as the Money Laundering Asset 
Recovery Fund. The moneys deposited in the Money Laundering 
Asset Recovery Fund shall be appropriated to and administered 
by the Department of State Police for State law enforcement 
purposes.
 
    (20 ILCS 2605/2605-590 new)
    Sec. 2605-590. Drug Traffic Prevention Fund. Moneys 
deposited into the Drug Traffic Prevention Fund pursuant to 
subsection (e) of Section 5-9-1.1 and subsection (c) of Section 
5-9-1.5 of the Unified Code of Corrections shall be 
appropriated to and administered by the Department of State 
Police for funding of drug task forces and Metropolitan 
Enforcement Groups in accordance with  the Intergovernmental 
Drug Laws Enforcement Act.
 
    Section 10. The State Finance Act is amended by adding 
Section 5.756 as follows:
 
    (30 ILCS 105/5.756 new)
    Sec. 5.756. The Money Laundering Asset Recovery Fund.
 
    Section 15. The Criminal Code of 1961 is amended  by 
changing Section 29B-1 as follows:
 



    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)



    Sec. 29B-1. (a) A person commits the offense of money 
laundering: 


        (1) when, knowing that the property involved in a 
    financial transaction represents the proceeds of some form 
    of unlawful activity, he or she conducts or attempts to 
    conduct such a financial transaction which in fact involves 
    criminally derived property:
            (A)  with the intent to promote the carrying on of 
        the unlawful  activity from which  the criminally 
        derived property was obtained; or
            (B) where he or she knows or reasonably should know 
        that the financial transaction is designed in whole or 
        in part:
                (i) to conceal or disguise the nature, the 
            location, the source, the ownership or the control 
            of the criminally derived property; or
                (ii) to avoid a transaction reporting 
            requirement under State law; or
        (1.5)  when he or she transports, transmits, or 
    transfers, or attempts to transport, transmit, or transfer 
    a monetary instrument:
            (A) with the intent to promote the carrying on of 
        the unlawful  activity from which the  criminally 
        derived property was obtained; or
            (B) knowing, or having reason to know, that the 
        financial transaction is designed in whole or in part:
                (i) to conceal or disguise the nature, the 
            location, the source, the ownership or the control 
            of the criminally derived property; or
                (ii) to avoid a transaction reporting 
            requirement under State law;
or


        (2) when, with the intent to:


            (A) promote the carrying on of a specified criminal 
        activity as defined
in this Article; or


            (B) conceal or disguise the nature, location, 
        source, ownership, or
control of property believed to 
        be the proceeds of a specified criminal
activity as 
        defined by subdivision (b)(6); or
            (C) avoid a transaction reporting requirement 
        under State law,



    he or she conducts or attempts to conduct a financial 
    transaction
involving property he or she believes to be the 
    proceeds of specified criminal
activity as defined by 
    subdivision (b)(6) or property used to conduct or

    facilitate specified criminal activity as defined by 
    subdivision (b)(6).

    (b) As used in this Section:

        (0.5) "Knowing that the property involved in a 
    financial transaction represents the proceeds of some form 
    of unlawful activity" means that the person knew the 
    property involved in the transaction represented proceeds 
    from some form, though not necessarily which form, of 
    activity that constitutes a felony under State, federal, or 
    foreign law.


        (1) "Financial transaction" means a purchase, sale, 
    loan, pledge, gift,
transfer, delivery or other 
    disposition utilizing criminally derived property,
and 
    with respect to financial institutions, includes a 
    deposit, withdrawal,
transfer between accounts, exchange 
    of currency, loan, extension of credit,
purchase or sale of 
    any stock, bond, certificate of deposit or other monetary

    instrument, use of safe deposit box, or any other payment, 
    transfer or delivery by, through, or to a
financial 
    institution.
For purposes of clause (a)(2) of this Section, 
    the term "financial
transaction" also
means a transaction 
    which without regard to whether the funds, monetary

    instruments, or real or personal property involved in the 
    transaction are
criminally derived, any transaction which 
    in any way or degree: (1) involves
the movement of funds by 
    wire or any other means; (2) involves one or more
monetary 
    instruments; or (3) the transfer of title to any real or 
    personal
property.
The receipt by an attorney of bona fide 
    fees for the purpose
of legal representation is not a 
    financial transaction for purposes of this
Section.


        (2) "Financial institution" means any bank; saving and 
    loan
association; trust company; agency or branch of a 
    foreign bank in the
United States; currency exchange; 
    credit union, mortgage banking
institution; pawnbroker; 
    loan or finance company; operator of a credit card
system; 
    issuer, redeemer or cashier of travelers checks, checks or 
    money
orders; dealer in precious metals, stones or jewels; 
    broker or dealer in
securities or commodities; investment 
    banker; or investment company.


        (3) "Monetary instrument" means United States coins 
    and currency;
coins and currency of a foreign country; 
    travelers checks; personal checks,
bank checks, and money 
    orders; investment securities; bearer
negotiable 
    instruments; bearer investment securities; or bearer 
    securities
and certificates of stock in such form that 
    title thereto passes upon
delivery.


        (4) "Criminally derived property" means: (A) any 
    property, real or personal, constituting
or
derived from 
    proceeds obtained, directly or indirectly, from activity 
    that constitutes a felony under State, federal, or foreign 
    law; or (B) any property
represented to be property 
    constituting or derived from proceeds obtained,
directly 
    or indirectly, from activity that constitutes a felony 
    under State, federal, or foreign law. 


        (5) "Conduct" or "conducts" includes, in addition to 
    its ordinary
meaning, initiating, concluding, or 
    participating in initiating or concluding
a transaction.


        (6) "Specified criminal activity" means any violation 
    of Section 29D-15.1
(720 ILCS 5/29D-15.1) and any violation 
    of Article 29D of this Code.

        (7) "Director" means the Director of State Police or 
    his or her designated agents.
        (8) "Department" means the Department of State Police 
    of the State of Illinois or its successor agency.

        (9) "Transaction reporting requirement under State 
    law" means any violation as defined under the Currency 
    Reporting Act.

    (c) Sentence.


        (1) Laundering of criminally derived property of a 
    value not exceeding
$10,000 is a Class 3 felony;


        (2) Laundering of criminally derived property of a 
    value exceeding
$10,000 but not exceeding $100,000 is a 
    Class 2 felony;


        (3) Laundering of criminally derived property of a 
    value exceeding
$100,000 but not exceeding $500,000 is a 
    Class 1 felony;


        (4) Money laundering in violation of subsection (a)(2) 
    of this Section
is a Class X felony;


        (5) Laundering of criminally derived property of a 
    value exceeding
$500,000 is a
Class 1 non-probationable 
    felony;

        (6) In a prosecution under clause (a)(1.5)(B)(ii) of 
    this Section, the  sentences are as follows:
            (A) Laundering of property of a value not exceeding 
        $10,000 is a Class 3 felony;
            (B)  Laundering of property of a value exceeding 
        $10,000 but not exceeding $100,000 is a Class 2 felony;
            (C) Laundering of property of a value exceeding 
        $100,000 but not exceeding $500,000 is a Class 1 
        felony;
            (D)  Laundering of property of a value exceeding 
        $500,000 is a Class 1 non-probationable felony. 
    (d) Evidence. In a prosecution under this Article, either 
party may introduce the following evidence pertaining to the 
issue of whether the property or proceeds were known to be some 
form of criminally derived property or from some form of 
unlawful activity:
        (1) A financial transaction was conducted or 
    structured or attempted in violation of the reporting 
    requirements of any State or federal law; or
        (2)  A financial transaction was conducted or attempted 
    with the use of a false or fictitious name or a forged 
    instrument; or
        (3) A falsely altered or completed written instrument 
    or a written instrument that contains any materially false 
    personal identifying information was made, used, offered 
    or presented, whether accepted or not, in connection with a 
    financial transaction; or
        (4) A financial transaction was structured or 
    attempted to be structured so as to falsely report the 
    actual consideration or value of the transaction; or
        (5) A money transmitter, a person engaged in a trade or 
    business or any employee of a money transmitter or a person 
    engaged in a trade or business, knows or reasonably should 
    know that false personal identifying information has been 
    presented and incorporates the false personal identifying 
    information into any report or record; or
        (6) The criminally derived property is transported or 
    possessed in a fashion inconsistent with the ordinary or 
    usual means of transportation or possession of such 
    property and where the property is discovered in the 
    absence of any documentation or other indicia of legitimate 
    origin or right to such property; or
        (7) A person pays or receives substantially less than 
    face value for one or more monetary instruments; or
        (8) A person engages in a transaction involving one or 
    more monetary instruments, where the physical condition or 
    form of the monetary instrument or instruments makes it 
    apparent that they are not the product of bona fide 
    business or financial transactions.
    (e) Duty to enforce this Article.
        (1) It is the duty of the Department of State Police, 
    and its agents, officers, and investigators, to enforce all 
    provisions of this Article, except those specifically 
    delegated, and to cooperate with all agencies charged with 
    the enforcement of the laws of the United States, or of any 
    state, relating to money laundering. Only an agent, 
    officer, or investigator designated by the Director may be 
    authorized in accordance with this Section to serve seizure 
    notices, warrants, subpoenas, and summonses under the 
    authority of this State.
        (2) Any agent, officer, investigator, or peace officer 
    designated by the Director may: (A) make seizure of 
    property pursuant to the provisions of this Article; and 
    (B) perform such other law enforcement duties as the 
    Director designates. It is the duty of all State's 
    Attorneys to prosecute violations of this Article and 
    institute legal proceedings as authorized under this 
    Article.
    (f) Protective orders.
        (1) Upon application of the State, the court may enter 
    a restraining order or injunction, require the execution of 
    a satisfactory performance bond, or take any other action 
    to preserve the availability of property described in 
    subsection (h) for forfeiture under this Article:
            (A) upon the filing of an indictment, information, 
        or complaint charging a violation of this Article for 
        which forfeiture may be ordered under this Article and 
        alleging that the property with respect to which the 
        order is sought would be subject to forfeiture under 
        this Article; or

            (B) prior to the filing of such an indictment, 
        information, or complaint, if, after notice to persons 
        appearing to have an interest in the property and 
        opportunity for a hearing, the court determines that:
                (i) there is probable cause to believe that the 
            State will prevail on the issue of forfeiture and 
            that failure to enter the order will result in the 
            property being destroyed, removed from the 
            jurisdiction of the court, or otherwise made 
            unavailable for forfeiture; and
                (ii) the need to preserve the availability of 
            the property through the entry of the requested 
            order outweighs the hardship on any party against 
            whom the order is to be entered.
            Provided, however, that an order entered pursuant 
        to subparagraph (B) shall be effective for not more 
        than 90 days, unless extended by the court for good 
        cause shown or unless an indictment, information, 
        complaint, or administrative notice has been filed.
        (2) A temporary restraining order under this 
    subsection may be entered upon application of the State 
    without notice or opportunity for a hearing when an 
    indictment, information, complaint, or administrative 
    notice has not yet been filed with respect to the property, 
    if the State demonstrates that there is probable cause to 
    believe that the property with respect to which the order 
    is sought would be subject to forfeiture under this Section 
    and that provision of notice will jeopardize the 
    availability of the property for forfeiture. Such a 
    temporary order shall expire not more than 30 days after 
    the date on which it is entered, unless extended for good 
    cause shown or unless the party against whom it is entered 
    consents to an extension for a longer period. A hearing 
    requested concerning an order entered under this paragraph 
    shall be held at the earliest possible time and prior to 
    the expiration of the temporary order.
        (3) The court may receive and consider, at a hearing 
    held pursuant to this subsection (f), evidence and 
    information that would be inadmissible under the Illinois 
    rules of evidence.

        (4) Order to repatriate and deposit.
            (A) In general. Pursuant to its authority to enter 
        a pretrial restraining order under this Section, the 
        court may order a defendant to repatriate any property 
        that may be seized and forfeited and to deposit that 
        property pending trial with the Illinois State Police 
        or another law enforcement agency designated by the 
        Illinois State Police.
            (B) Failure to comply. Failure to comply with an 
        order under this subsection (f) is punishable as a 
        civil or criminal contempt of court.

    (g) Warrant of seizure. The State may request the issuance 
of a warrant authorizing the seizure of property described in 
subsection (h) in the same manner as provided for a search 
warrant. If the court determines that there is probable cause 
to believe that the property to be seized would be subject to 
forfeiture, the court shall issue a warrant authorizing the 
seizure of such property.
    (h) Forfeiture.
        (1) The following are subject to forfeiture:
            (A) any property, real or personal, constituting, 
        derived from, or traceable to any proceeds the person 
        obtained directly or indirectly, as a result of a 
        violation of this Article;
            (B) any of the person's property used, or intended 
        to be used, in any manner or part, to commit, or to 
        facilitate the commission of, a violation of this 
        Article;
            (C) all conveyances, including aircraft, vehicles 
        or vessels, which are used, or intended for use, to 
        transport, or in any manner to facilitate the 
        transportation, sale, receipt, possession, or 
        concealment of property described in subparagraphs (A) 
        and (B), but:
                (i) no conveyance used by any person as a 
            common carrier in the transaction of business as a 
            common carrier is subject to forfeiture under this 
            Section unless it appears that the owner or other 
            person in charge of the conveyance is a consenting 
            party or privy to a violation of this Article;
                (ii) no conveyance is subject to forfeiture 
            under this Section by reason of any act or omission 
            which the owner proves to have been committed or 
            omitted without his or her knowledge or consent;
                (iii) a forfeiture of a conveyance encumbered 
            by a bona fide security interest is subject to the 
            interest of the secured party if he or she neither 
            had knowledge of nor consented to the act or 
            omission;
            (D) all real property, including any right, title, 
        and interest (including, but not limited to, any 
        leasehold interest or the beneficial interest in a land 
        trust) in the whole of any lot or tract of land and any 
        appurtenances or improvements, which is used or 
        intended to be used, in any manner or part, to commit, 
        or in any manner to facilitate the commission of, any 
        violation of this Article or that is the proceeds of 
        any violation or act that constitutes a violation of 
        this Article.

        (2) Property subject to forfeiture under this Article 
    may be seized by the Director or any peace officer upon 
    process or seizure warrant issued by any court having 
    jurisdiction over the property. Seizure by the Director or 
    any peace officer without process may be made:
            (A) if the seizure is incident to a seizure 
        warrant;
            (B) if the property subject to seizure has been the 
        subject of a prior judgment in favor of the State in a 
        criminal proceeding, or in an injunction or forfeiture 
        proceeding based upon this Article;
            (C) if there is probable cause to believe that the 
        property is directly or indirectly dangerous to health 
        or safety;
            (D) if there is probable cause to believe that the 
        property is subject to forfeiture under this Article 
        and the property is seized under circumstances in which 
        a warrantless seizure or arrest would be reasonable; or
            (E) in accordance with the Code of Criminal 
        Procedure of 1963.
        (3) In the event of seizure pursuant to paragraph (2), 
    forfeiture proceedings shall be instituted in accordance 
    with subsections (i) through (r).
        (4) Property taken or detained under this Section shall 
    not be subject to replevin, but is deemed to be in the 
    custody of the Director subject only to the order and 
    judgments of the circuit court having jurisdiction over the 
    forfeiture proceedings and the decisions of the State's 
    Attorney under this Article.  When property is seized under 
    this Article, the seizing agency shall promptly conduct an 
    inventory of the seized property and estimate the 
    property's value and shall forward a copy of the inventory 
    of seized property and the estimate of the property's value 
    to the Director. Upon receiving notice of seizure, the 
    Director may:
            (A) place the property under seal;
            (B) remove the property to a place designated by 
        the Director;
            (C) keep the property in the possession of the 
        seizing agency;
            (D) remove the property to a storage area for 
        safekeeping or, if the property is a negotiable 
        instrument or money and is not needed for evidentiary 
        purposes, deposit it in an interest bearing account;
            (E) place the property under constructive seizure 
        by posting notice of pending forfeiture on it, by 
        giving notice of pending forfeiture to its owners and 
        interest holders, or by filing notice of pending 
        forfeiture in any appropriate public record relating 
        to the property; or
            (F) provide for another agency or custodian, 
        including an owner, secured party, or lienholder, to 
        take custody of the property upon the terms and 
        conditions set by the Director.
        (5) When property is forfeited under this Article, the 
    Director shall sell all such property unless such property 
    is required by law to be destroyed or is harmful to the 
    public, and shall distribute the proceeds of the sale, 
    together with any moneys forfeited or seized, in accordance 
    with paragraph (6). However, upon the application of the 
    seizing agency or prosecutor who was responsible for the 
    investigation, arrest or arrests and prosecution which 
    lead to the forfeiture, the Director may return any item of 
    forfeited property to the seizing agency or prosecutor for 
    official use in the enforcement of laws, if the agency or 
    prosecutor can demonstrate that the item requested would be 
    useful to the agency or prosecutor in its enforcement 
    efforts. When any real property returned to the seizing 
    agency is sold by the agency or its unit of government, the 
    proceeds of the sale shall be delivered to the Director and 
    distributed in accordance with paragraph (6).
        (6) All monies and the sale proceeds of all other 
    property forfeited and seized under this Article shall be 
    distributed as follows:
            (A) 65% shall be distributed to the metropolitan 
        enforcement group, local, municipal, county, or State 
        law enforcement agency or agencies which conducted or 
        participated in the investigation resulting in the 
        forfeiture. The distribution shall bear a reasonable 
        relationship to the degree of direct participation of 
        the law enforcement agency in the effort resulting in 
        the forfeiture, taking into account the total value of 
        the property forfeited and the total law enforcement 
        effort with respect to the violation of the law upon 
        which the forfeiture is based. Amounts distributed to 
        the agency or agencies shall be used for the 
        enforcement of laws.
            (B)(i) 12.5% shall be distributed to the Office of 
        the State's Attorney of the county in which the 
        prosecution resulting in the forfeiture was 
        instituted, deposited in a special fund in the county 
        treasury and appropriated to the State's Attorney for 
        use in the enforcement of laws. In counties over 
        3,000,000 population, 25% shall be distributed to the 
        Office of the State's Attorney for use in the 
        enforcement of laws. If the prosecution is undertaken 
        solely by the Attorney General, the portion provided 
        hereunder shall be distributed to the Attorney General 
        for use in the enforcement of laws.
                (ii) 12.5% shall be distributed to the Office 
            of the State's Attorneys Appellate Prosecutor and 
            deposited in the Narcotics Profit Forfeiture Fund 
            of that office to be used for additional expenses 
            incurred in the investigation, prosecution and 
            appeal of cases arising under laws. The Office of 
            the State's Attorneys Appellate Prosecutor shall 
            not receive distribution from cases brought in 
            counties with over 3,000,000 population.
            (C) 10% shall be retained by the Department of 
        State Police for expenses related to the 
        administration and sale of seized and forfeited 
        property.
        Moneys and the sale proceeds distributed to the 
    Department of State Police under this Article shall be 
    deposited in the Money Laundering Asset Recovery Fund 
    created in the State treasury and shall be used by the 
    Department of State Police for State law enforcement 
    purposes. 
    (i) Notice to owner or interest holder.
        (1) Whenever notice of pending forfeiture or service of 
    an in rem complaint is required under the provisions of 
    this Article, such notice or service shall be given as 
    follows:
            (A) If the owner's or interest holder's name and 
        current address are known, then by either personal 
        service or mailing a copy of the notice by certified 
        mail, return receipt requested, to that address. For 
        purposes of notice under this Section, if a person has 
        been arrested for the conduct giving rise to the 
        forfeiture, then the address provided to the arresting 
        agency at the time of arrest shall be deemed to be that 
        person's known address. Provided, however, if an owner 
        or interest holder's address changes prior to the 
        effective date of the notice of pending forfeiture, the 
        owner or interest holder shall promptly notify the 
        seizing agency of the change in address or, if the 
        owner or interest holder's address changes subsequent 
        to the effective date of the notice of pending 
        forfeiture, the owner or interest holder shall 
        promptly notify the State's Attorney of the change in 
        address; or
            (B) If the property seized is a conveyance, to the 
        address reflected in the office of the agency or 
        official in which title or interest to the conveyance 
        is required by law to be recorded, then by mailing a 
        copy of the notice by certified mail, return receipt 
        requested, to that address; or
            (C) If the owner's or interest holder's address is 
        not known, and is not on record as provided in 
        paragraph (B), then by publication for 3 successive 
        weeks in a newspaper of general circulation in the 
        county in which the seizure occurred.
        (2) Notice served under this Article is effective upon 
    personal service, the last date of publication, or the 
    mailing of written notice, whichever is earlier.
    (j) Notice to State's Attorney.  The law enforcement agency 
seizing property for forfeiture under this Article shall, 
within 90 days after seizure, notify the State's Attorney for 
the county, either where an act or omission giving rise to the 
forfeiture occurred or where the property was seized, of the 
seizure of the property and the facts and circumstances giving 
rise to the seizure and shall provide the State's Attorney with 
the inventory of the property and its estimated value. When the 
property seized for forfeiture is a vehicle, the law 
enforcement agency seizing the property shall immediately 
notify the Secretary of State that forfeiture proceedings are 
pending regarding such vehicle.
    (k) Non-judicial forfeiture. If non-real property that 
exceeds $20,000 in value excluding the value of any conveyance, 
or if real property is seized under the provisions of this 
Article, the State's Attorney shall institute judicial in rem 
forfeiture proceedings as described in subsection (l) of this 
Section within 45 days from receipt of notice of seizure from 
the seizing agency under subsection (j) of this Section. 
However, if non-real property that does not exceed $20,000 in 
value excluding the value of any conveyance is seized, the 
following procedure shall be used:
        (1) If, after review of the facts surrounding the 
    seizure, the State's Attorney is of the opinion that the 
    seized property is subject to forfeiture, then within 45 
    days after the receipt of notice of seizure from the 
    seizing agency, the State's Attorney shall cause notice of 
    pending forfeiture to be given to the owner of the property 
    and all known interest holders of the property in 
    accordance with subsection (i) of this Section.
        (2) The notice of pending forfeiture must include a 
    description of the property, the estimated value of the 
    property, the date and place of seizure, the conduct giving 
    rise to forfeiture or the violation of law alleged, and a 
    summary of procedures and procedural rights applicable to 
    the forfeiture action.
        (3)(A) Any person claiming an interest in property 
    which is the subject of notice under paragraph (1) of this 
    subsection (k), must, in order to preserve any rights or 
    claims to the property, within 45 days after the effective 
    date of notice as described in subsection (i) of this 
    Section, file a verified claim with the State's Attorney 
    expressing his or her interest in the property. The claim 
    must set forth:
            (i) the caption of the proceedings as set forth on 
        the notice of pending forfeiture and the name of the 
        claimant;
            (ii) the address at which the claimant will accept 
        mail;
            (iii) the nature and extent of the claimant's 
        interest in the property;
            (iv) the date, identity of the transferor, and 
        circumstances of the claimant's acquisition of the 
        interest in the property;

            (v) the name and address of all other persons known 
        to have an interest in the property;
            (vi) the specific provision of law relied on in 
        asserting the property is not subject to forfeiture;
            (vii) all essential facts supporting each 
        assertion; and
            (viii) the relief sought.
        (B) If a claimant files the claim and deposits with the 
    State's Attorney a cost bond, in the form of a cashier's 
    check payable to the clerk of the court, in the sum of 10% 
    of the reasonable value of the property as alleged by the 
    State's Attorney or the sum of $100, whichever is greater, 
    upon condition that, in the case of forfeiture, the 
    claimant must pay all costs and expenses of forfeiture 
    proceedings, then the State's Attorney shall institute 
    judicial in rem forfeiture proceedings and deposit the cost 
    bond with the clerk of the court as described in subsection 
    (l) of this Section within 45 days after receipt of the 
    claim and cost bond. In lieu of a cost bond, a person 
    claiming interest in the seized property may file, under 
    penalty of perjury, an indigency affidavit which has been 
    approved by a circuit court judge.
        (C) If none of the seized property is forfeited in the 
    judicial in rem proceeding, the clerk of the court shall 
    return to the claimant, unless the court orders otherwise, 
    90% of the sum which has been deposited and shall retain as 
    costs 10% of the money deposited. If any of the seized 
    property is forfeited under the judicial forfeiture 
    proceeding, the clerk of the court shall transfer 90% of 
    the sum which has been deposited to the State's Attorney 
    prosecuting the civil forfeiture to be applied to the costs 
    of prosecution and the clerk shall retain as costs 10% of 
    the sum deposited.
        (4) If no claim is filed or bond given within the 45 
    day period as described in paragraph (3) of this subsection  
    (k), the State's Attorney shall declare the property 
    forfeited and shall promptly notify the owner and all known 
    interest holders of the property and the Director of  State 
    Police of the declaration of forfeiture and the Director 
    shall dispose of the property in accordance with law.
    (l) Judicial in rem procedures.  If property seized under 
the provisions of this Article is non-real property that 
exceeds $20,000 in value excluding the value of any conveyance, 
or is real property, or a claimant has filed a claim and a cost 
bond under paragraph (3) of subsection (k) of this Section, the 
following judicial in rem procedures shall apply:
        (1) If, after a review of the facts surrounding the 
    seizure, the State's Attorney is of the opinion that the 
    seized property is subject to forfeiture, then within 45 
    days of the receipt of notice of seizure by the seizing 
    agency or the filing of the claim and cost bond, whichever 
    is later, the State's Attorney shall institute judicial 
    forfeiture proceedings by filing a verified complaint for 
    forfeiture and, if the claimant has filed a claim and cost 
    bond, by depositing the cost bond with the clerk of the 
    court. When authorized by law, a forfeiture must be ordered 
    by a court on an action in rem brought by a State's 
    Attorney under a verified complaint for forfeiture.
        (2) During the probable cause portion of the judicial 
    in rem proceeding wherein the State presents its 
    case-in-chief, the court must receive and consider, among 
    other things, all relevant hearsay evidence and 
    information. The laws of evidence relating to civil actions 
    apply to all other portions of the judicial in rem 
    proceeding.
        (3) Only an owner of or interest holder in the property 
    may file an answer asserting a claim against the property 
    in the action in rem. For purposes of this Section, the 
    owner or interest holder shall be referred to as claimant.  
    Upon motion of the State, the court shall first hold a 
    hearing, wherein any claimant must establish by a 
    preponderance of the evidence, that he or she has a lawful, 
    legitimate ownership interest in the property and that it 
    was obtained through a lawful source.
        (4) The answer must be signed by the owner or interest 
    holder under penalty of perjury and must set forth:
            (A) the caption of the proceedings as set forth on 
        the notice of pending forfeiture and the name of the 
        claimant;
            (B) the address at which the claimant will accept 
        mail;
            (C) the nature and extent of the claimant's 
        interest in the property;
            (D) the date, identity of transferor, and 
        circumstances of the claimant's acquisition of the 
        interest in the property;
            (E) the name and address of all other persons known 
        to have an interest in the property;
            (F) all essential facts supporting each assertion; 
        and
            (G) the precise relief sought.

        (5) The answer must be filed with the court within 45 
    days after service of the civil in rem complaint.
        (6) The hearing must be held within 60 days after 
    filing of the answer unless continued for good cause.

        (7) The State shall show the existence of probable 
    cause for forfeiture of the property. If the State shows 
    probable cause, the claimant has the burden of showing by a 
    preponderance of the evidence that the claimant's interest 
    in the property is not subject to forfeiture.

        (8) If the State does not show existence of probable 
    cause, the court shall order the interest in the property 
    returned or conveyed to the claimant and shall order all 
    other property forfeited to the State. If the State does 
    show existence of probable cause, the court shall order all 
    property forfeited to the State.
        (9) A defendant convicted in any criminal proceeding is 
    precluded from later denying the essential allegations of 
    the criminal offense of which the defendant was convicted 
    in any proceeding under this Article regardless of the 
    pendency of an appeal from that conviction. However, 
    evidence of the pendency of an appeal is admissible.
        (10) An acquittal or dismissal in a criminal proceeding 
    does not preclude civil proceedings under this Article; 
    however, for good cause shown, on a motion by the State's 
    Attorney, the court may stay civil forfeiture proceedings 
    during the criminal trial for a related criminal indictment 
    or information alleging a money laundering violation. Such 
    a stay shall not be available pending an appeal. Property 
    subject to forfeiture under this Article shall not be 
    subject to return or release by a court exercising 
    jurisdiction over a criminal case involving the seizure of 
    such property unless such return or release is consented to 
    by the State's Attorney.
        (11) All property declared forfeited under this 
    Article vests in this State on the commission of the 
    conduct giving rise to forfeiture together with the 
    proceeds of the property after that time. Any such property 
    or proceeds subsequently transferred to any person remain 
    subject to forfeiture and thereafter shall be ordered 
    forfeited.
        (12) A civil action under this Article must be 
    commenced within 5 years after the last conduct giving rise 
    to forfeiture became known or should have become known or 5 
    years after the forfeitable property is discovered, 
    whichever is later, excluding any time during which either 
    the property or claimant is out of the State or in 
    confinement or during which criminal proceedings relating 
    to the same conduct are in progress.
    (m) Stay of time periods.  If property is seized for 
evidence and for forfeiture, the time periods for instituting 
judicial and non-judicial forfeiture proceedings shall not 
begin until the property is no longer necessary for evidence.
    (n) Settlement of claims.  Notwithstanding other provisions 
of this Article, the State's Attorney and a claimant of seized 
property may enter into an agreed-upon settlement concerning 
the seized property in such an amount and upon such terms as 
are set out in writing in a settlement agreement.
    (o) Property constituting attorney fees.  Nothing in this 
Article applies to property which constitutes reasonable bona 
fide attorney's fees paid to an attorney for services rendered 
or to be rendered in the forfeiture proceeding or criminal 
proceeding relating directly thereto where such property was 
paid before its seizure, before the issuance of any seizure 
warrant or court order prohibiting transfer of the property and 
where the attorney, at the time he or she received the property 
did not know that it was property subject to forfeiture under 
this Article.
    (p) Construction.  It is the intent of the General Assembly 
that the forfeiture provisions of this Article be liberally 
construed so as to effect their remedial purpose. The 
forfeiture of property and other remedies hereunder shall be 
considered to be in addition to, and not exclusive of, any 
sentence or other remedy provided by law.
    (q) Judicial review.  If property has been declared 
forfeited under subsection (k) of this Section, any person who 
has an interest in the property declared forfeited may, within 
30 days after the effective date of the notice of the 
declaration of forfeiture, file a claim and cost bond as 
described in paragraph (3) of subsection (k) of this Section.  
If a claim and cost bond is filed under this Section, then the 
procedures described in subsection (l) of this Section apply.
    (r) Burden of proof of exemption or exception.  It is not 
necessary for the State to negate any exemption or exception in 
this Article in any complaint, information, indictment or other 
pleading or in any trial, hearing, or other proceeding under 
this Article. The burden of proof of any exemption or exception 
is upon the person claiming it.
    (s) Review of administrative decisions.

All administrative 
findings, rulings, final determinations, findings, and 
conclusions of the State's Attorney's Office under this Article 
are final and conclusive decisions of the matters involved. Any 
person aggrieved by the decision may obtain review of the 
decision pursuant to the provisions of the Administrative 
Review Law and the rules adopted pursuant to that Law.  Pending 
final decision on such review, the administrative acts, orders, 
and rulings of the State's Attorney's Office remain in full 
force and effect unless modified or suspended by order of court 
pending final judicial decision. Pending final decision on such 
review, the acts, orders, and rulings of the State's Attorney's 
Office remain in full force and effect, unless stayed by order 
of court. However, no stay of any decision of the 
administrative agency shall issue unless the person aggrieved 
by the decision establishes by a preponderance of the evidence 
that good cause exists for the stay. In determining good cause, 
the court shall find that the aggrieved party has established a 
substantial likelihood of prevailing on the merits and that 
granting the stay will not have an injurious effect on the 
general public.

(Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10; 
revised 10-9-09.)

 
    Section 20. The Unified Code of Corrections is amended  by 
changing Sections 5-9-1.1 and 5-9-1.1-5 as follows:
 
    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
    (Text of Section from P.A. 94-550, 96-132, and 96-402)
    Sec. 5-9-1.1. Drug related offenses. 
    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance, other than 
methamphetamine, as defined in the Cannabis Control Act, as 
amended,
or the Illinois Controlled Substances Act, as amended, 
in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.
    (d) In addition to any penalty imposed under subsection (a) 
of this
Section for a drug related
offense involving possession 
or delivery
of cannabis or possession or delivery of a 
controlled substance as defined in the Cannabis Control Act, 
the Illinois Controlled Substances Act, or the Methamphetamine 
Control and Community Protection Act, a fee of $50 shall be 
assessed by the court, the proceeds of which
shall be collected 
by the Circuit Clerk and remitted to the State Treasurer
under 
Section 27.6 of the Clerks of Courts Act for deposit into the 
Performance-enhancing Substance Testing Fund.
This additional 
fee of $50 shall not be considered a part of the fine for

purposes of any reduction in the fine for time served either 
before or after
sentencing. The provisions of this subsection 
(d), other than this sentence, are inoperative after June 30, 
2011. 
    (e) (d)  In addition to any penalty imposed under subsection 
(a) of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
Drug Traffic Prevention Fund. The moneys deposited into the 
Drug Traffic Prevention Fund pursuant to this Section shall be 
appropriated to and administered State Police Services Fund and 
shall be used for grants by the Department of State Police for 
funding of to drug task forces and Metropolitan Enforcement 
Groups in accordance with the Intergovernmental Drug Laws 
Enforcement Act. 
(Source: P.A. 94-550, eff. 1-1-06; 96-132, eff. 8-7-09; 96-402, 
eff. 1-1-10, revised 10-6-09.)
 
    (Text of Section from P.A. 94-556, 96-132, and 96-402)
    Sec. 5-9-1.1. Drug related offenses. 
    (a) When a person has been adjudged guilty of a drug 
related
offense involving possession or delivery of cannabis or 
possession or delivery
of a controlled substance as defined in 
the Cannabis Control Act, the Illinois Controlled Substances 
Act, or the Methamphetamine Control and Community Protection 
Act,  in addition to any
other penalty imposed, a fine shall be 
levied by the court at not less than
the full street value of 
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of $100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Trauma
Center Fund 
for distribution as provided under Section 3.225 of the 
Emergency
Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a) 
of this
Section, a fee of $5 shall be assessed by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act for deposit into the Spinal Cord
Injury 
Paralysis Cure Research Trust Fund.
This additional fee of $5 
shall not be considered a part of the fine for
purposes of any 
reduction in the fine for time served either before or after

sentencing.
    (d) In addition to any penalty imposed under subsection (a) 
of this
Section for a drug related
offense involving possession 
or delivery
of cannabis or possession or delivery of a 
controlled substance as defined in the Cannabis Control Act, 
the Illinois Controlled Substances Act, or the Methamphetamine 
Control  and Community Protection Act, a fee of $50 shall be 
assessed by the court, the proceeds of which
shall be collected 
by the Circuit Clerk and remitted to the State Treasurer
under 
Section 27.6 of the Clerks of Courts Act for deposit into the 
Performance-enhancing Substance Testing Fund.
This additional 
fee of $50 shall not be considered a part of the fine for

purposes of any reduction in the fine for time served either 
before or after
sentencing. The provisions of this subsection 
(d), other than this sentence, are inoperative after June 30, 
2011. 
    (e) (d)  In addition to any penalty imposed under subsection 
(a) of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
Drug Traffic Prevention Fund. The moneys deposited into the 
Drug Traffic Prevention Fund pursuant to this Section shall be 
appropriated to and administered State Police Services Fund and 
shall be used for grants by the Department of State Police for 
funding of to drug task forces and Metropolitan Enforcement 
Groups in accordance with the Intergovernmental Drug Laws 
Enforcement Act. 
(Source: P.A. 94-556, eff. 9-11-05; 96-132, eff. 8-7-09; 
96-402, eff. 1-1-10, revised 10-6-09.)
 
    (730 ILCS 5/5-9-1.1-5)
    Sec. 5-9-1.1-5. Methamphetamine related offenses.
    (a) When a person has been adjudged guilty of a 
methamphetamine related
offense involving possession or 
delivery of methamphetamine or any salt of an optical isomer of 
methamphetamine or possession of a methamphetamine 
manufacturing material as set forth in Section 10 of the 
Methamphetamine Control and Community Protection Act with the 
intent to manufacture a substance containing methamphetamine 
or salt of an optical isomer of methamphetamine, in addition to 
any
other penalty imposed, a fine shall be levied by the court 
at not less than
the full street value of the methamphetamine 
or salt of an optical isomer of methamphetamine or 
methamphetamine manufacturing materials seized.
    "Street value" shall be determined by the court on the 
basis of testimony
of law enforcement personnel and the 
defendant as to the amount seized and
such testimony as may be 
required by the court as to the current street
value of the 
methamphetamine or salt of an optical isomer of methamphetamine 
or methamphetamine manufacturing materials seized.
    (b) In addition to any penalty imposed under subsection (a) 
of this
Section, a fine of
$100 shall be levied by the court, 
the proceeds of which
shall be collected by the Circuit Clerk 
and remitted to the State Treasurer
under Section 27.6 of the 
Clerks of Courts Act
for deposit into the Methamphetamine Law 
Enforcement Fund and allocated as provided in subsection (d) of 
Section 5-9-1.2.

    (c)  In addition to any penalty imposed under subsection (a) 
of this
Section, a $25 assessment  shall be assessed by the 
court, the proceeds of which
shall be collected by the Circuit 
Clerk and remitted to the State Treasurer for deposit into the 
Drug Traffic Prevention Fund. The moneys deposited into the 
Drug Traffic Prevention Fund pursuant to this Section shall be 
appropriated to and administered State Police Services Fund and 
shall be used for grants by the Department of State Police for 
funding of to drug task forces and Metropolitan Enforcement 
Groups in accordance with the Intergovernmental Drug Laws 
Enforcement Act.
(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10; 
revised 9-25-09.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.