97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2048

 

Introduced , by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 550/12  from Ch. 56 1/2, par. 712
720 ILCS 570/505  from Ch. 56 1/2, par. 1505
720 ILCS 646/85

    Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that the State's Attorneys from their share of the monies and the sale proceeds of all other property forfeited and seized under the Acts, in addition to other authorized purposes, may make grants to local substance abuse treatment facilities and half-way houses.


LRB097 09185 RLC 50924 b

 

 

A BILL FOR

 

HB2048LRB097 09185 RLC 50924 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cannabis Control Act is amended by changing
5Section 12 as follows:
 
6    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
7    Sec. 12. (a) The following are subject to forfeiture:
8        (1) all substances containing cannabis which have been
9    produced, manufactured, delivered, or possessed in
10    violation of this Act;
11        (2) all raw materials, products and equipment of any
12    kind which are produced, delivered, or possessed in
13    connection with any substance containing cannabis in
14    violation of this Act;
15        (3) all conveyances, including aircraft, vehicles or
16    vessels, which are used, or intended for use, to transport,
17    or in any manner to facilitate the transportation, sale,
18    receipt, possession, or concealment of property described
19    in paragraph (1) or (2) that constitutes a felony violation
20    of the Act, but:
21            (i) no conveyance used by any person as a common
22        carrier in the transaction of business as a common
23        carrier is subject to forfeiture under this Section

 

 

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1        unless it appears that the owner or other person in
2        charge of the conveyance is a consenting party or privy
3        to a violation of this Act;
4            (ii) no conveyance is subject to forfeiture under
5        this Section by reason of any act or omission which the
6        owner proves to have been committed or omitted without
7        his knowledge or consent;
8            (iii) a forfeiture of a conveyance encumbered by a
9        bona fide security interest is subject to the interest
10        of the secured party if he neither had knowledge of nor
11        consented to the act or omission;
12        (4) all money, things of value, books, records, and
13    research products and materials including formulas,
14    microfilm, tapes, and data which are used, or intended for
15    use in a felony violation of this Act;
16        (5) everything of value furnished or intended to be
17    furnished by any person in exchange for a substance in
18    violation of this Act, all proceeds traceable to such an
19    exchange, and all moneys, negotiable instruments, and
20    securities used, or intended to be used, to commit or in
21    any manner to facilitate any felony violation of this Act;
22        (6) all real property, including any right, title, and
23    interest including, but not limited to, any leasehold
24    interest or the beneficial interest to a land trust, in the
25    whole of any lot or tract of land and any appurtenances or
26    improvements, that is used or intended to be used to

 

 

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1    facilitate the manufacture, distribution, sale, receipt,
2    or concealment of property described in paragraph (1) or
3    (2) of this subsection (a) that constitutes a felony
4    violation of more than 2,000 grams of a substance
5    containing cannabis or that is the proceeds of any felony
6    violation of this Act.
7    (b) Property subject to forfeiture under this Act may be
8seized by the Director or any peace officer upon process or
9seizure warrant issued by any court having jurisdiction over
10the property. Seizure by the Director or any peace officer
11without process may be made:
12        (1) if the property subject to seizure has been the
13    subject of a prior judgment in favor of the State in a
14    criminal proceeding or in an injunction or forfeiture
15    proceeding based upon this Act or the Drug Asset Forfeiture
16    Procedure Act;
17        (2) if there is probable cause to believe that the
18    property is directly or indirectly dangerous to health or
19    safety;
20        (3) if there is probable cause to believe that the
21    property is subject to forfeiture under this Act and the
22    property is seized under circumstances in which a
23    warrantless seizure or arrest would be reasonable; or
24        (4) in accordance with the Code of Criminal Procedure
25    of 1963.
26    (c) In the event of seizure pursuant to subsection (b),

 

 

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1forfeiture proceedings shall be instituted in accordance with
2the Drug Asset Forfeiture Procedure Act.
3    (c-1) In the event the State's Attorney is of the opinion
4that real property is subject to forfeiture under this Act,
5forfeiture proceedings shall be instituted in accordance with
6the Drug Asset Forfeiture Procedure Act. The exemptions from
7forfeiture provisions of Section 8 of the Drug Asset Forfeiture
8Procedure Act are applicable.
9    (d) Property taken or detained under this Section shall not
10be subject to replevin, but is deemed to be in the custody of
11the Director subject only to the order and judgments of the
12circuit court having jurisdiction over the forfeiture
13proceedings and the decisions of the State's Attorney under the
14Drug Asset Forfeiture Procedure Act. When property is seized
15under this Act, the seizing agency shall promptly conduct an
16inventory of the seized property, estimate the property's
17value, and shall forward a copy of the inventory of seized
18property and the estimate of the property's value to the
19Director. Upon receiving notice of seizure, the Director may:
20        (1) place the property under seal;
21        (2) remove the property to a place designated by him;
22        (3) keep the property in the possession of the seizing
23    agency;
24        (4) remove the property to a storage area for
25    safekeeping or, if the property is a negotiable instrument
26    or money and is not needed for evidentiary purposes,

 

 

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1    deposit it in an interest bearing account;
2        (5) place the property under constructive seizure by
3    posting notice of pending forfeiture on it, by giving
4    notice of pending forfeiture to its owners and interest
5    holders, or by filing notice of pending forfeiture in any
6    appropriate public record relating to the property; or
7        (6) provide for another agency or custodian, including
8    an owner, secured party, or lienholder, to take custody of
9    the property upon the terms and conditions set by the
10    Director.
11    (e) No disposition may be made of property under seal until
12the time for taking an appeal has elapsed or until all appeals
13have been concluded unless a court, upon application therefor,
14orders the sale of perishable substances and the deposit of the
15proceeds of the sale with the court.
16    (f) When property is forfeited under this Act the Director
17shall sell all such property unless such property is required
18by law to be destroyed or is harmful to the public, and shall
19distribute the proceeds of the sale, together with any moneys
20forfeited or seized, in accordance with subsection (g).
21However, upon the application of the seizing agency or
22prosecutor who was responsible for the investigation, arrest or
23arrests and prosecution which lead to the forfeiture, the
24Director may return any item of forfeited property to the
25seizing agency or prosecutor for official use in the
26enforcement of laws relating to cannabis or controlled

 

 

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1substances, if the agency or prosecutor can demonstrate that
2the item requested would be useful to the agency or prosecutor
3in their enforcement efforts. When any forfeited conveyance,
4including an aircraft, vehicle, or vessel, is returned to the
5seizing agency or prosecutor, the conveyance may be used
6immediately in the enforcement of the criminal laws of this
7State. Upon disposal, all proceeds from the sale of the
8conveyance must be used for drug enforcement purposes. When any
9real property returned to the seizing agency is sold by the
10agency or its unit of government, the proceeds of the sale
11shall be delivered to the Director and distributed in
12accordance with subsection (g).
13    (g) All monies and the sale proceeds of all other property
14forfeited and seized under this Act shall be distributed as
15follows:
16        (1) 65% shall be distributed to the metropolitan
17    enforcement group, local, municipal, county, or state law
18    enforcement agency or agencies which conducted or
19    participated in the investigation resulting in the
20    forfeiture. The distribution shall bear a reasonable
21    relationship to the degree of direct participation of the
22    law enforcement agency in the effort resulting in the
23    forfeiture, taking into account the total value of the
24    property forfeited and the total law enforcement effort
25    with respect to the violation of the law upon which the
26    forfeiture is based. Amounts distributed to the agency or

 

 

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1    agencies shall be used for the enforcement of laws
2    governing cannabis and controlled substances or for
3    security cameras used for the prevention or detection of
4    violence, except that amounts distributed to the Secretary
5    of State shall be deposited into the Secretary of State
6    Evidence Fund to be used as provided in Section 2-115 of
7    the Illinois Vehicle Code.
8        (2)(i) 12.5% shall be distributed to the Office of the
9    State's Attorney of the county in which the prosecution
10    resulting in the forfeiture was instituted, deposited in a
11    special fund in the county treasury and appropriated to the
12    State's Attorney for use in the enforcement of laws
13    governing cannabis and controlled substances, or at the
14    discretion of the State's Attorney, in addition to other
15    authorized purposes, to make grants to local substance
16    abuse treatment facilities and half-way houses. In
17    counties over 3,000,000 population, 25% will be
18    distributed to the Office of the State's Attorney for use
19    in the enforcement of laws governing cannabis and
20    controlled substances, or at the discretion of the State's
21    Attorney, in addition to other authorized purposes, to make
22    grants to local substance abuse treatment facilities and
23    half-way houses. If the prosecution is undertaken solely by
24    the Attorney General, the portion provided hereunder shall
25    be distributed to the Attorney General for use in the
26    enforcement of laws governing cannabis and controlled

 

 

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1    substances.
2        (ii) 12.5% shall be distributed to the Office of the
3    State's Attorneys Appellate Prosecutor and deposited in
4    the Narcotics Profit Forfeiture Fund of that Office to be
5    used for additional expenses incurred in the
6    investigation, prosecution and appeal of cases arising
7    under laws governing cannabis and controlled substances.
8    The Office of the State's Attorneys Appellate Prosecutor
9    shall not receive distribution from cases brought in
10    counties with over 3,000,000 population.
11        (3) 10% shall be retained by the Department of State
12    Police for expenses related to the administration and sale
13    of seized and forfeited property.
14(Source: P.A. 94-1004, eff. 7-3-06; 95-989, eff. 10-3-08.)
 
15    Section 10. The Illinois Controlled Substances Act is
16amended by changing Section 505 as follows:
 
17    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
18    Sec. 505. (a) The following are subject to forfeiture:
19        (1) all substances which have been manufactured,
20    distributed, dispensed, or possessed in violation of this
21    Act;
22        (2) all raw materials, products and equipment of any
23    kind which are used, or intended for use in manufacturing,
24    distributing, dispensing, administering or possessing any

 

 

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1    substance in violation of this Act;
2        (3) all conveyances, including aircraft, vehicles or
3    vessels, which are used, or intended for use, to transport,
4    or in any manner to facilitate the transportation, sale,
5    receipt, possession, or concealment of property described
6    in paragraphs (1) and (2), but:
7            (i) no conveyance used by any person as a common
8        carrier in the transaction of business as a common
9        carrier is subject to forfeiture under this Section
10        unless it appears that the owner or other person in
11        charge of the conveyance is a consenting party or privy
12        to a violation of this Act;
13            (ii) no conveyance is subject to forfeiture under
14        this Section by reason of any act or omission which the
15        owner proves to have been committed or omitted without
16        his knowledge or consent;
17            (iii) a forfeiture of a conveyance encumbered by a
18        bona fide security interest is subject to the interest
19        of the secured party if he neither had knowledge of nor
20        consented to the act or omission;
21        (4) all money, things of value, books, records, and
22    research products and materials including formulas,
23    microfilm, tapes, and data which are used, or intended to
24    be used in violation of this Act;
25        (5) everything of value furnished, or intended to be
26    furnished, in exchange for a substance in violation of this

 

 

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1    Act, all proceeds traceable to such an exchange, and all
2    moneys, negotiable instruments, and securities used, or
3    intended to be used, to commit or in any manner to
4    facilitate any violation of this Act;
5        (6) all real property, including any right, title, and
6    interest (including, but not limited to, any leasehold
7    interest or the beneficial interest in a land trust) in the
8    whole of any lot or tract of land and any appurtenances or
9    improvements, which is used or intended to be used, in any
10    manner or part, to commit, or in any manner to facilitate
11    the commission of, any violation or act that constitutes a
12    violation of Section 401 or 405 of this Act or that is the
13    proceeds of any violation or act that constitutes a
14    violation of Section 401 or 405 of this Act.
15    (b) Property subject to forfeiture under this Act may be
16seized by the Director or any peace officer upon process or
17seizure warrant issued by any court having jurisdiction over
18the property. Seizure by the Director or any peace officer
19without process may be made:
20        (1) if the seizure is incident to inspection under an
21    administrative inspection warrant;
22        (2) if the property subject to seizure has been the
23    subject of a prior judgment in favor of the State in a
24    criminal proceeding, or in an injunction or forfeiture
25    proceeding based upon this Act or the Drug Asset Forfeiture
26    Procedure Act;

 

 

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1        (3) if there is probable cause to believe that the
2    property is directly or indirectly dangerous to health or
3    safety;
4        (4) if there is probable cause to believe that the
5    property is subject to forfeiture under this Act and the
6    property is seized under circumstances in which a
7    warrantless seizure or arrest would be reasonable; or
8        (5) in accordance with the Code of Criminal Procedure
9    of 1963.
10    (c) In the event of seizure pursuant to subsection (b),
11forfeiture proceedings shall be instituted in accordance with
12the Drug Asset Forfeiture Procedure Act.
13    (d) Property taken or detained under this Section shall not
14be subject to replevin, but is deemed to be in the custody of
15the Director subject only to the order and judgments of the
16circuit court having jurisdiction over the forfeiture
17proceedings and the decisions of the State's Attorney under the
18Drug Asset Forfeiture Procedure Act. When property is seized
19under this Act, the seizing agency shall promptly conduct an
20inventory of the seized property and estimate the property's
21value, and shall forward a copy of the inventory of seized
22property and the estimate of the property's value to the
23Director. Upon receiving notice of seizure, the Director may:
24        (1) place the property under seal;
25        (2) remove the property to a place designated by the
26    Director;

 

 

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1        (3) keep the property in the possession of the seizing
2    agency;
3        (4) remove the property to a storage area for
4    safekeeping or, if the property is a negotiable instrument
5    or money and is not needed for evidentiary purposes,
6    deposit it in an interest bearing account;
7        (5) place the property under constructive seizure by
8    posting notice of pending forfeiture on it, by giving
9    notice of pending forfeiture to its owners and interest
10    holders, or by filing notice of pending forfeiture in any
11    appropriate public record relating to the property; or
12        (6) provide for another agency or custodian, including
13    an owner, secured party, or lienholder, to take custody of
14    the property upon the terms and conditions set by the
15    Director.
16    (e) If the Department of Professional Regulation suspends
17or revokes a registration, all controlled substances owned or
18possessed by the registrant at the time of suspension or the
19effective date of the revocation order may be placed under
20seal. No disposition may be made of substances under seal until
21the time for taking an appeal has elapsed or until all appeals
22have been concluded unless a court, upon application therefor,
23orders the sale of perishable substances and the deposit of the
24proceeds of the sale with the court. Upon a revocation rule
25becoming final, all substances may be forfeited to the
26Department of Professional Regulation.

 

 

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1    (f) When property is forfeited under this Act the Director
2shall sell all such property unless such property is required
3by law to be destroyed or is harmful to the public, and shall
4distribute the proceeds of the sale, together with any moneys
5forfeited or seized, in accordance with subsection (g).
6However, upon the application of the seizing agency or
7prosecutor who was responsible for the investigation, arrest or
8arrests and prosecution which lead to the forfeiture, the
9Director may return any item of forfeited property to the
10seizing agency or prosecutor for official use in the
11enforcement of laws relating to cannabis or controlled
12substances, if the agency or prosecutor can demonstrate that
13the item requested would be useful to the agency or prosecutor
14in their enforcement efforts. When any forfeited conveyance,
15including an aircraft, vehicle, or vessel, is returned to the
16seizing agency or prosecutor, the conveyance may be used
17immediately in the enforcement of the criminal laws of this
18State. Upon disposal, all proceeds from the sale of the
19conveyance must be used for drug enforcement purposes. When any
20real property returned to the seizing agency is sold by the
21agency or its unit of government, the proceeds of the sale
22shall be delivered to the Director and distributed in
23accordance with subsection (g).
24    (g) All monies and the sale proceeds of all other property
25forfeited and seized under this Act shall be distributed as
26follows:

 

 

HB2048- 14 -LRB097 09185 RLC 50924 b

1        (1) 65% shall be distributed to the metropolitan
2    enforcement group, local, municipal, county, or state law
3    enforcement agency or agencies which conducted or
4    participated in the investigation resulting in the
5    forfeiture. The distribution shall bear a reasonable
6    relationship to the degree of direct participation of the
7    law enforcement agency in the effort resulting in the
8    forfeiture, taking into account the total value of the
9    property forfeited and the total law enforcement effort
10    with respect to the violation of the law upon which the
11    forfeiture is based. Amounts distributed to the agency or
12    agencies shall be used for the enforcement of laws
13    governing cannabis and controlled substances or for
14    security cameras used for the prevention or detection of
15    violence, except that amounts distributed to the Secretary
16    of State shall be deposited into the Secretary of State
17    Evidence Fund to be used as provided in Section 2-115 of
18    the Illinois Vehicle Code.
19        (2)(i) 12.5% shall be distributed to the Office of the
20    State's Attorney of the county in which the prosecution
21    resulting in the forfeiture was instituted, deposited in a
22    special fund in the county treasury and appropriated to the
23    State's Attorney for use in the enforcement of laws
24    governing cannabis and controlled substances, or at the
25    discretion of the State's Attorney, in addition to other
26    authorized purposes, to make grants to local substance

 

 

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1    abuse treatment facilities and half-way houses. In
2    counties over 3,000,000 population, 25% will be
3    distributed to the Office of the State's Attorney for use
4    in the enforcement of laws governing cannabis and
5    controlled substances, or at the discretion of the State's
6    Attorney, in addition to other authorized purposes, to make
7    grants to local substance abuse treatment facilities and
8    half-way houses. If the prosecution is undertaken solely by
9    the Attorney General, the portion provided hereunder shall
10    be distributed to the Attorney General for use in the
11    enforcement of laws governing cannabis and controlled
12    substances.
13        (ii) 12.5% shall be distributed to the Office of the
14    State's Attorneys Appellate Prosecutor and deposited in
15    the Narcotics Profit Forfeiture Fund of that office to be
16    used for additional expenses incurred in the
17    investigation, prosecution and appeal of cases arising
18    under laws governing cannabis and controlled substances.
19    The Office of the State's Attorneys Appellate Prosecutor
20    shall not receive distribution from cases brought in
21    counties with over 3,000,000 population.
22        (3) 10% shall be retained by the Department of State
23    Police for expenses related to the administration and sale
24    of seized and forfeited property.
25    (h) Species of plants from which controlled substances in
26Schedules I and II may be derived which have been planted or

 

 

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1cultivated in violation of this Act, or of which the owners or
2cultivators are unknown, or which are wild growths, may be
3seized and summarily forfeited to the State. The failure, upon
4demand by the Director or any peace officer, of the person in
5occupancy or in control of land or premises upon which the
6species of plants are growing or being stored, to produce
7registration, or proof that he is the holder thereof,
8constitutes authority for the seizure and forfeiture of the
9plants.
10(Source: P.A. 94-1004, eff. 7-3-06.)
 
11    Section 15. The Methamphetamine Control and Community
12Protection Act is amended by changing Section 85 as follows:
 
13    (720 ILCS 646/85)
14    Sec. 85. Forfeiture.
15    (a) The following are subject to forfeiture:
16        (1) all substances containing methamphetamine which
17    have been produced, manufactured, delivered, or possessed
18    in violation of this Act;
19        (2) all methamphetamine manufacturing materials which
20    have been produced, delivered, or possessed in connection
21    with any substance containing methamphetamine in violation
22    of this Act;
23        (3) all conveyances, including aircraft, vehicles or
24    vessels, which are used, or intended for use, to transport,

 

 

HB2048- 17 -LRB097 09185 RLC 50924 b

1    or in any manner to facilitate the transportation, sale,
2    receipt, possession, or concealment of property described
3    in paragraph (1) or (2) that constitutes a felony violation
4    of the Act, but:
5            (i) no conveyance used by any person as a common
6        carrier in the transaction of business as a common
7        carrier is subject to forfeiture under this Section
8        unless it appears that the owner or other person in
9        charge of the conveyance is a consenting party or privy
10        to a violation of this Act;
11            (ii) no conveyance is subject to forfeiture under
12        this Section by reason of any act or omission which the
13        owner proves to have been committed or omitted without
14        his or her knowledge or consent;
15            (iii) a forfeiture of a conveyance encumbered by a
16        bona fide security interest is subject to the interest
17        of the secured party if he or she neither had knowledge
18        of nor consented to the act or omission;
19        (4) all money, things of value, books, records, and
20    research products and materials including formulas,
21    microfilm, tapes, and data which are used, or intended for
22    use in a felony violation of this Act;
23        (5) everything of value furnished or intended to be
24    furnished by any person in exchange for a substance in
25    violation of this Act, all proceeds traceable to such an
26    exchange, and all moneys, negotiable instruments, and

 

 

HB2048- 18 -LRB097 09185 RLC 50924 b

1    securities used, or intended to be used, to commit or in
2    any manner to facilitate any felony violation of this Act.
3        (6) all real property, including any right, title, and
4    interest (including, but not limited to, any leasehold
5    interest or the beneficial interest in a land trust) in the
6    whole of any lot or tract of land and any appurtenances or
7    improvements, which is used, or intended to be used, in any
8    manner or part, to commit, or in any manner to facilitate
9    the commission of, any violation or act that constitutes a
10    violation of this Act or that is the proceeds of any
11    violation or act that constitutes a violation of this Act.
12    (b) Property subject to forfeiture under this Act may be
13seized by the Director or any peace officer upon process or
14seizure warrant issued by any court having jurisdiction over
15the property. Seizure by the Director or any peace officer
16without process may be made:
17        (1) if the property subject to seizure has been the
18    subject of a prior judgment in favor of the State in a
19    criminal proceeding or in an injunction or forfeiture
20    proceeding based upon this Act or the Drug Asset Forfeiture
21    Procedure Act;
22        (2) if there is probable cause to believe that the
23    property is directly or indirectly dangerous to health or
24    safety;
25        (3) if there is probable cause to believe that the
26    property is subject to forfeiture under this Act and the

 

 

HB2048- 19 -LRB097 09185 RLC 50924 b

1    property is seized under circumstances in which a
2    warrantless seizure or arrest would be reasonable; or
3        (4) in accordance with the Code of Criminal Procedure
4    of 1963.
5    (c) In the event of seizure pursuant to subsection (b),
6forfeiture proceedings shall be instituted in accordance with
7the Drug Asset Forfeiture Procedure Act.
8    (d) Property taken or detained under this Section is not
9subject to replevin, but is deemed to be in the custody of the
10Director subject only to the order and judgments of the circuit
11court having jurisdiction over the forfeiture proceedings and
12the decisions of the State's Attorney under the Drug Asset
13Forfeiture Procedure Act. When property is seized under this
14Act, the seizing agency shall promptly conduct an inventory of
15the seized property, estimate the property's value, and forward
16a copy of the inventory of seized property and the estimate of
17the property's value to the Director. Upon receiving notice of
18seizure, the Director may:
19        (1) place the property under seal;
20        (2) remove the property to a place designated by him or
21    her;
22        (3) keep the property in the possession of the seizing
23    agency;
24        (4) remove the property to a storage area for
25    safekeeping or, if the property is a negotiable instrument
26    or money and is not needed for evidentiary purposes,

 

 

HB2048- 20 -LRB097 09185 RLC 50924 b

1    deposit it in an interest bearing account;
2        (5) place the property under constructive seizure by
3    posting notice of pending forfeiture on it, by giving
4    notice of pending forfeiture to its owners and interest
5    holders, or by filing notice of pending forfeiture in any
6    appropriate public record relating to the property; or
7        (6) provide for another agency or custodian, including
8    an owner, secured party, or lienholder, to take custody of
9    the property upon the terms and conditions set by the
10    Director.
11    (e) No disposition may be made of property under seal until
12the time for taking an appeal has elapsed or until all appeals
13have been concluded unless a court, upon application therefor,
14orders the sale of perishable substances and the deposit of the
15proceeds of the sale with the court.
16    (f) When property is forfeited under this Act, the Director
17shall sell the property unless the property is required by law
18to be destroyed or is harmful to the public, and shall
19distribute the proceeds of the sale, together with any moneys
20forfeited or seized, in accordance with subsection (g).
21However, upon the application of the seizing agency or
22prosecutor who was responsible for the investigation, arrest or
23arrests and prosecution which lead to the forfeiture, the
24Director may return any item of forfeited property to the
25seizing agency or prosecutor for official use in the
26enforcement of laws relating to methamphetamine, cannabis, or

 

 

HB2048- 21 -LRB097 09185 RLC 50924 b

1controlled substances, if the agency or prosecutor
2demonstrates that the item requested would be useful to the
3agency or prosecutor in their enforcement efforts. When any
4forfeited conveyance, including an aircraft, vehicle, or
5vessel, is returned to the seizing agency or prosecutor, the
6conveyance may be used immediately in the enforcement of the
7criminal laws of this State. Upon disposal, all proceeds from
8the sale of the conveyance must be used for drug enforcement
9purposes. When any real property returned to the seizing agency
10is sold by the agency or its unit of government, the proceeds
11of the sale shall be delivered to the Director and distributed
12in accordance with subsection (g).
13    (g) All moneys and the sale proceeds of all other property
14forfeited and seized under this Act shall be distributed as
15follows:
16        (1) 65% shall be distributed to the metropolitan
17    enforcement group, local, municipal, county, or State law
18    enforcement agency or agencies which conducted or
19    participated in the investigation resulting in the
20    forfeiture. The distribution shall bear a reasonable
21    relationship to the degree of direct participation of the
22    law enforcement agency in the effort resulting in the
23    forfeiture, taking into account the total value of the
24    property forfeited and the total law enforcement effort
25    with respect to the violation of the law upon which the
26    forfeiture is based. Amounts distributed to the agency or

 

 

HB2048- 22 -LRB097 09185 RLC 50924 b

1    agencies shall be used for the enforcement of laws
2    governing methamphetamine, cannabis, and controlled
3    substances or for security cameras used for the prevention
4    or detection of violence, except that amounts distributed
5    to the Secretary of State shall be deposited into the
6    Secretary of State Evidence Fund to be used as provided in
7    Section 2-115 of the Illinois Vehicle Code.
8        (2)(i) 12.5% shall be distributed to the Office of the
9    State's Attorney of the county in which the prosecution
10    resulting in the forfeiture was instituted, deposited in a
11    special fund in the county treasury and appropriated to the
12    State's Attorney for use in the enforcement of laws
13    governing methamphetamine, cannabis, and controlled
14    substances, or at the discretion of the State's Attorney,
15    in addition to other authorized purposes, to make grants to
16    local substance abuse treatment facilities and half-way
17    houses. In counties with a population over 3,000,000, 25%
18    shall be distributed to the Office of the State's Attorney
19    for use in the enforcement of laws governing
20    methamphetamine, cannabis, and controlled substances, or
21    at the discretion of the State's Attorney, in addition to
22    other authorized purposes, to make grants to local
23    substance abuse treatment facilities and half-way houses.
24    If the prosecution is undertaken solely by the Attorney
25    General, the portion provided hereunder shall be
26    distributed to the Attorney General for use in the

 

 

HB2048- 23 -LRB097 09185 RLC 50924 b

1    enforcement of laws governing methamphetamine, cannabis,
2    and controlled substances.
3        (ii) 12.5% shall be distributed to the Office of the
4    State's Attorneys Appellate Prosecutor and deposited in
5    the Narcotics Profit Forfeiture Fund of that Office to be
6    used for additional expenses incurred in the
7    investigation, prosecution and appeal of cases arising
8    under laws governing methamphetamine, cannabis, and
9    controlled substances. The Office of the State's Attorneys
10    Appellate Prosecutor shall not receive distribution from
11    cases brought in counties with a population over 3,000,000.
12        (3) 10% shall be retained by the Department of State
13    Police for expenses related to the administration and sale
14    of seized and forfeited property.
15(Source: P.A. 94-556, eff. 9-11-05; 94-1004, eff. 7-3-06.)