Sen. William R. Haine
Filed: 3/19/2012
 
 

 

 

 
09700SB3778sam002LRB097 17712 RLC 67542 a



1
AMENDMENT TO SENATE BILL 3778 




2    AMENDMENT NO. ______. Amend Senate Bill 3778, AS AMENDED, 
3by inserting immediately below the enacting clause the 
4following:

 
5    "Section 2. The Criminal Code of 1961 is amended  by 
6changing Section 36-1.5 as follows:
 
7    (720 ILCS 5/36-1.5)
8    Sec. 36-1.5. Preliminary Review.
9    (a) Within 21 14 days of the seizure, the State shall seek 
10a preliminary determination from the circuit court as to 
11whether there is probable cause that the property may be 
12subject to forfeiture.
13    (b) The rules of evidence shall not apply to any proceeding 
14conducted under this Section.
15    (c) The court may conduct the review under subsection (a) 
16simultaneously with a proceeding pursuant to Section 109-1 of 
 
 
09700SB3778sam002- 2 -LRB097 17712 RLC 67542 a

1the Code of Criminal Procedure of 1963 for a related criminal 
2offense if a prosecution is commenced by information or 
3complaint, however if the review is not conducted 
4simultaneously, the court's findings shall not constitute a 
5collateral estoppel to the filing of criminal charges.
6    (d) The court may accept a finding of probable cause at a 
7preliminary hearing following the filing of an information or 
8complaint charging a related criminal offense or following the 
9return of indictment by a grand jury charging the related 
10offense as sufficient evidence of probable cause as required 
11under subsection (a).
12    (e) (Blank). Upon making a finding of probable cause as 
13required under this Section, and after taking into account the 
14respective interests of all known claimants to the property 
15including the State, the circuit court shall enter a 
16restraining order or injunction, or take other appropriate 
17action, as necessary to ensure that the property is not removed 
18from the court's jurisdiction and is not concealed, destroyed, 
19or otherwise disposed of by the property owner or interest 
20holder before a forfeiture hearing is conducted.

21(Source: P.A. 97-544, eff. 1-1-12.)"; and

 
22in subsection (e) of Sec. 3.5 of Section 5, by replacing "(e)" 
23with "(e) (Blank)".