96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2039

 

Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 147/40

    Amends the Illinois Streetgang Terrorism Omnibus Prevention Act. Makes a technical change in provisions concerning contraband.


LRB096 05517 AJO 15583 b

 

 

A BILL FOR

 

HB2039 LRB096 05517 AJO 15583 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Streetgang Terrorism Omnibus
5 Prevention Act is amended by changing Section 40 as follows:
 
6     (740 ILCS 147/40)
7     Sec. 40. Contraband.
8     (a) The The following are declared to be contraband and no
9 person shall have a property interest in them:
10         (1) any property that is directly or indirectly used or
11     intended for use in any manner to facilitate streetgang
12     related activity; and
13         (2) any property constituting or derived from gross
14     profits or other proceeds obtained from streetgang related
15     activity.
16     (b) Within 60 days of the date of the seizure of contraband
17 under this Section, the State's Attorney shall initiate
18 forfeiture proceedings as provided in Article 36 of the
19 Criminal Code of 1961. An owner or person who has a lien on the
20 property may establish as a defense to the forfeiture of
21 property that is subject to forfeiture under this Section that
22 the owner or lienholder had no knowledge that the property was
23 acquired through a pattern of streetgang related activity.

 

 

HB2039 - 2 - LRB096 05517 AJO 15583 b

1 Property that is forfeited under this Section shall be disposed
2 of as provided in Article 36 of the Criminal Code of 1961 for
3 the forfeiture of vehicles, vessels, and aircraft. The proceeds
4 of the disposition shall be paid to the Gang Violence Victims
5 and Witnesses Fund to be used to assist in the prosecution of
6 gang crimes.
7 (Source: P.A. 91-876, eff. 1-1-01.)