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(725 ILCS 5/Art. 124B heading) ARTICLE 124B. FORFEITURE
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 5 heading)
Part 5. General Provisions
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-5) Sec. 124B-5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-10) (Text of Section from P.A. 103-1071) Sec. 124B-10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following: (1) A violation of Section 10-9 or 10A-10 of the | ||
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(2) A violation of subdivision (a)(1) of Section | ||
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(3) A violation of subdivision (a)(4) of Section | ||
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(4) A second or subsequent violation of Section 11-20 | ||
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(5) A violation of Section 11-20.1 of the Criminal | ||
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(6) A violation of Section 11-20.1B or 11-20.3 of the | ||
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(6.5) A violation of Section 11-23.5 of the Criminal | ||
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(7) A violation of Section 12C-65 of the Criminal | ||
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(8) A violation of Section 17-50 or Section 16D-5 of | ||
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(9) A felony violation of Section 17-6.3 or Article | ||
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(10) A felony violation of Section 48-1 of the | ||
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(11) A violation of Article 29D of the Criminal Code | ||
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(12) A felony violation of Section 4.01 of the Humane | ||
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(Source: P.A. 103-1071, eff. 7-1-25.) (Text of Section from P.A. 104-245) Sec. 124B-10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following: (1) A violation of Section 10-9 or 10A-10 of the | ||
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(2) A violation of subdivision (a)(1) of Section | ||
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(3) A violation of subdivision (a)(4) of Section | ||
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(4) A second or subsequent violation of Section 11-20 | ||
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(5) A violation of Section 11-20.1 of the Criminal | ||
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(6) A violation of Section 11-20.1B or 11-20.3 of the | ||
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(6.5) A violation of Section 11-23.5 of the Criminal | ||
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(7) A violation of Section 12C-65 of the Criminal | ||
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(8) A violation of Section 17-50 or Section 16D-5 of | ||
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(9) A felony violation of Section 17-6.3 or Article | ||
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(10) A felony violation of Section 48-1 of the | ||
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(11) A violation of Article 29D of the Criminal Code | ||
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(12) A felony violation of Section 4.01 of the Humane | ||
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(Source: P.A. 104-245, eff. 1-1-26.) |
(725 ILCS 5/124B-15) Sec. 124B-15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 100 heading)
Part 100. Standard Forfeiture Provisions
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-100) (Text of Section from P.A. 103-1071) Sec. 124B-100. Definition; "offense". For purposes of this Article, "offense" is defined as follows: (1) In the case of forfeiture authorized under | ||
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(2) In the case of forfeiture authorized under | ||
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(3) In the case of forfeiture authorized under | ||
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(4) In the case of forfeiture authorized under | ||
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(5) In the case of forfeiture authorized under | ||
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(6) In the case of forfeiture authorized under | ||
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(7) In the case of forfeiture authorized under | ||
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(8) In the case of forfeiture authorized under | ||
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(9) In the case of forfeiture authorized under | ||
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(10) In the case of forfeiture authorized under | ||
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(11) In the case of forfeiture authorized under | ||
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(12) In the case of forfeiture authorized under | ||
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(Source: P.A. 103-1071, eff. 7-1-25.) (Text of Section from P.A. 104-245) Sec. 124B-100. Definition; "offense". For purposes of this Article, "offense" is defined as follows: (1) In the case of forfeiture authorized under | ||
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(2) In the case of forfeiture authorized under | ||
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(3) In the case of forfeiture authorized under | ||
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(4) In the case of forfeiture authorized under | ||
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(5) In the case of forfeiture authorized under | ||
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(6) In the case of forfeiture authorized under | ||
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(7) In the case of forfeiture authorized under | ||
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(8) In the case of forfeiture authorized under | ||
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(9) In the case of forfeiture authorized under | ||
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(10) In the case of forfeiture authorized under | ||
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(11) In the case of forfeiture authorized under | ||
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(12) In the case of forfeiture authorized under | ||
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(Source: P.A. 104-245, eff. 1-1-26.) |
(725 ILCS 5/124B-105) Sec. 124B-105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-110) Sec. 124B-110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following: (1) A person with only a general unsecured interest | ||
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(2) A bailee, unless the bailor is identified and the | ||
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(3) A nominee who exercises no dominion or control | ||
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(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-115) Sec. 124B-115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-120) Sec. 124B-120. Definition; "property". In this Article, "property" means: (1) Real property, including, without limitation, | ||
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(2) Tangible or intangible personal property, | ||
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"Property" includes any leasehold or possessory interest and, in the case of real property, includes a beneficial interest in a land trust.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-125) Sec. 124B-125. Real property exempt from forfeiture. (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she is not legally accountable for the | ||
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(2) He or she had not acquired and did not stand to | ||
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(3) He or she does not hold the property for the | ||
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(4) He or she acquired the interest before a notice | ||
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(A) acquired the interest before the commencement | ||
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(B) acquired the interest after the commencement | ||
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(5) With respect to a property interest in existence | ||
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(A) did not know of the conduct giving rise to | ||
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(B) upon learning of the conduct giving rise to | ||
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(6) The property is not a type of property, | ||
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(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following: (1) Gave timely notice to an appropriate law | ||
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(2) In a timely fashion revoked or made a good faith | ||
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A person is not required by this subsection (b) to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10; 97-813, eff. 7-13-12.) |
(725 ILCS 5/124B-130) Sec. 124B-130. Personal property exempt from forfeiture. (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she is not legally accountable for the | ||
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(2) He or she had not acquired and did not stand to | ||
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(3) He or she does not hold the property for the | ||
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(4) He or she acquired the interest without knowledge | ||
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(A) acquired the interest before the commencement | ||
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(B) acquired the interest after the commencement | ||
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(5) With respect to a property interest in existence | ||
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(A) did not know of the conduct giving rise to | ||
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(B) upon learning of the conduct giving rise to | ||
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(6) With respect to conveyances, he or she did not | ||
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(7) The property is not a type of property, | ||
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(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following: (1) Gave timely notice to an appropriate law | ||
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(2) In a timely fashion revoked or made a good faith | ||
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A person is not required by this subsection (b) to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-135) Sec. 124B-135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption is upon the person claiming the exemption.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-140) Sec. 124B-140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B-125 through 124B-135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following: (1) Severing and releasing the property. (2) Transferring the property to the State with a | ||
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(3) Permitting the innocent owner to retain the | ||
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(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-145) Sec. 124B-145. Property constituting attorney's fees; forfeiture not applicable. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in a forfeiture proceeding under this Article, or in a criminal proceeding relating directly to a forfeiture proceeding under this Article, if (i) the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and (ii) the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-150)
Sec. 124B-150. Protective order; probable cause. (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take other appropriate action, to preserve the availability of property for forfeiture under this Article. Before entering such an order or taking such action, the court shall first determine the following: (1) Whether there is probable cause to believe that | ||
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(2) Whether the property is subject to forfeiture | ||
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(b) In order to make the determinations of probable cause required under subsection (a), the court shall conduct a hearing without a jury. In that hearing, the State must establish both of the following: (1) There is probable cause that the person or | ||
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(2) There is probable cause that property may be | ||
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(c) The court may conduct the hearing under subsection (b) simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint. The court may conduct the hearing under subsection (b) at any stage in the criminal proceedings upon the State's motion. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b). (e) Upon making a finding of probable cause as required under this Section, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing under this Article. (f) The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any property of the defendant subject to forfeiture is located.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-155)
Sec. 124B-155. Rights of certain parties unaffected by protective order; release of property. (a) A restraining order or injunction entered, or other action taken, by the court under Section 124B-150 does not affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lienholder that arose before the date on which a certified copy of the restraining order, injunction, or other prohibition was filed in accordance with subsection (f) of Section 124B-150. (b) At any time, upon verified petition by the defendant or by an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, the court may conduct a hearing to release all or portions of any property that the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or other action. For good cause shown and in the court's sound discretion, the court may release the property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-160)
Sec. 124B-160. Petition for forfeiture; forfeiture hearing; burden of proof. (a) The Attorney General or State's Attorney may file a petition for forfeiture of property in connection with an offense as defined in this Article, and, within a reasonable time after sentencing, the court shall conduct a hearing to determine whether any property is subject to forfeiture under this Article. Every person with any property interest in the property alleged to be subject to forfeiture may appear as a party and present evidence at the hearing. (b) At the forfeiture hearing, the State has the burden of establishing, by a preponderance of the evidence, that the property is subject to forfeiture under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-165)
Sec. 124B-165. Order of forfeiture; sale of forfeited property; publication of notice; challenge to forfeiture. (a) Upon the court's determination that property is subject to forfeiture, the court shall enter an order of forfeiture with respect to the property at issue. Except as provided in Section 124B-705, the order shall authorize the Attorney General or State's Attorney to seize all property declared forfeited under this Article (if the property has not already been seized) upon terms and conditions the court deems proper. The Attorney General or State's Attorney may then sell the forfeited property unless the court determines that the property is required by law to be destroyed or is harmful to the public. (b) Following the entry of the order of forfeiture, the Attorney General or State's Attorney shall cause publication of notice of the order and his or her intent to dispose of the property. Publication shall be in a newspaper of general circulation in the county where the property was seized, for a period of 3 successive weeks. (c) Within 30 days after the publication, any person may petition the court to adjudicate the validity of his or her interest in the property and whether the interest is protected under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-170)
Sec. 124B-170. Judicial review. (a) Within 30 days after publication of the notice under Section 124B-165, any person claiming an interest in the property declared forfeited may file a verified claim with the court expressing his or her interest in the property. The claim must set forth the following: (1) The caption of the proceedings as set forth in | ||
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(2) The claimant's name and address. (3) The nature and extent of the claimant's interest | ||
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(4) The circumstances of the claimant's acquisition | ||
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(5) The names and addresses of all other persons | ||
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(6) The specific provision of law relied on in | ||
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(7) All essential facts supporting each assertion. (8) The relief sought by the claimant. (b) The claim must be accompanied by a cost bond in the form of a cashier's check payable to the clerk of the court in the amount of 10% of the reasonable value of the property as alleged by the Attorney General or State's Attorney or the amount of $100, whichever is greater, conditioned upon the claimant's payment, in the case of forfeiture, of all costs and expenses of the proceeding under this Section. (c) Upon the filing of a claim and cost bond as provided in this Section, the court shall determine whether the property is subject to forfeiture in accordance with this Article. If none of the seized property is declared forfeited in a proceeding under this Section, then, unless the court orders otherwise, the clerk of the court shall return to the claimant 90% of the amount deposited with the clerk as a cost bond under this Section. If any of the seized property is declared forfeited in a proceeding under this Section, then the clerk of the court shall transfer 90% of the amount deposited with the clerk as a cost bond under this Section to the prosecuting authority. In either case, the clerk shall retain the remaining 10% of the amount deposited as costs for the proceeding under this Section.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-175)
Sec. 124B-175. Distribution of forfeited moneys and proceeds from sale of forfeited property. All moneys forfeited under this Article, together with the proceeds from the sale of all property forfeited under this Article, shall be distributed as set forth in this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-180)
Sec. 124B-180. Segregation of moneys from sale proceeds for certain purposes. Before any distribution under Section 124B-175 or as otherwise prescribed by law, the court may order the Attorney General or State's Attorney to segregate moneys from the proceeds of the sale sufficient to do any of the following: (1) Satisfy any order of restitution, as the court | ||
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(2) Satisfy any legal right, title, or interest that | ||
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(3) Satisfy any bona fide purchaser for value of the | ||
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(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-190)
Sec. 124B-190. Construction. It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their purpose. The forfeiture of property and other remedies under this Article shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-195) Sec. 124B-195. Reporting. Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.) |
(725 ILCS 5/Art. 124B Pt. 300 heading)
Part 300. Forfeiture; Involuntary Servitude and Trafficking in Persons
(Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.) |
(725 ILCS 5/124B-300) Sec. 124B-300. Persons and property subject to forfeiture. A person who commits the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons under Section 10A-10 or Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, promoting commercial sexual exploitation of a child, keeping a place of commercial sexual exploitation of a child, or promoting prostitution that involves keeping a place of prostitution under subsection (a)(1) or (a)(4) of Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of 1961 or of the Criminal Code of 2012 shall forfeit to the State of Illinois any profits or proceeds and any property he or she has acquired or maintained in violation of Section 10A-10 or Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, promoting commercial sexual exploitation of a child, keeping a place of commercial sexual exploitation of a child, or promoting prostitution that involves keeping a place of prostitution under subsection (a)(1) or (a)(4) of Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of 1961 or of the Criminal Code of 2012 that the sentencing court determines, after a forfeiture hearing under this Article, to have been acquired or maintained as a result of maintaining a person in involuntary servitude or participating in trafficking of persons.(Source: P.A. 103-1071, eff. 7-1-25.) |
(725 ILCS 5/124B-305) Sec. 124B-305. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 300 shall be distributed as follows: (1) 45% shall be divided equally between all State | ||
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(2) 50% shall be deposited into the Specialized | ||
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(3) 5% shall be paid to the Office of the State's | ||
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(Source: P.A. 97-897, eff. 1-1-13; 98-1013, eff. 1-1-15.) |
(725 ILCS 5/124B-310)
Sec. 124B-310. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 300.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 400 heading)
Part 400. Obscenity
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-400)
Sec. 124B-400. Legislative declaration. Obscenity is a far-reaching and extremely profitable crime. This crime persists despite the threat of prosecution and successful prosecution because existing sanctions do not effectively reach the money and other assets generated by it. It is therefore necessary to supplement existing sanctions by mandating forfeiture of money and other assets generated by this crime. Forfeiture diminishes the financial incentives that encourage and sustain obscenity and secures for the State, local government, and prosecutors a resource for prosecuting these crimes.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-405)
Sec. 124B-405. Persons and property subject to forfeiture. A person who has been convicted previously of the offense of obscenity under Section 11-20 of the Criminal Code of 1961 or the Criminal Code of 2012 and who is convicted of a second or subsequent offense of obscenity under that Section shall forfeit the following to the State of Illinois: (1) Any property constituting or derived from any | ||
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(2) Any of the person's property used in any manner, | ||
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(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-410)
Sec. 124B-410. No prior restraint. Nothing in this Part 400 shall be construed as authorizing the prior restraint of any showing, performance, or exhibition of allegedly obscene films, plays, or other presentations or of any sale or distribution of allegedly obscene materials.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-415)
Sec. 124B-415. Order to destroy property. If the Attorney General or State's Attorney believes any property forfeited and seized under this Part 400 describes, depicts, or portrays any of the acts or activities described in subsection (b) of Section 11-20 of the Criminal Code of 1961 or the Criminal Code of 2012, the Attorney General or State's Attorney shall apply to the court for an order to destroy that property. If the court determines that the property describes, depicts, or portrays such acts or activities it shall order the Attorney General or State's Attorney to destroy the property.
(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-420) Sec. 124B-420. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 400 shall be distributed as follows: (1) 50% shall be distributed to the unit of local | ||
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(2) 25% shall be distributed to the county in which | ||
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(3) 25% shall be distributed to the Office of the | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.(Source: P.A. 104-245, eff. 1-1-26.) |
(725 ILCS 5/124B-425)
Sec. 124B-425. Forfeiture provisions not applicable to libraries. This Part 400 does not apply to any property of a public library or any property of a library operated by an institution accredited by a generally recognized accrediting agency.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-430)
Sec. 124B-430. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 400.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 500 heading)
Part 500. Other Sex Offenses
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-500) Sec. 124B-500. Persons and property subject to forfeiture. A person who commits child sexual abuse material, aggravated child pornography, obscene depiction of a purported child, non-consensual dissemination of private sexual images, or non-consensual dissemination of sexually explicit digitized depictions under Section 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-23.5, or 11-23.7 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit the following property to the State of Illinois: (1) Any profits or proceeds and any property the | ||
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(2) Any interest in, securities of, claim against, or | ||
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(3) Any computer that contains a depiction of child | ||
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(Source: P.A. 103-825, eff. 1-1-25; 104-245, eff. 1-1-26.) |
(725 ILCS 5/124B-505)
Sec. 124B-505. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 500 shall be distributed as follows: (1) One-half shall be divided equally between all | ||
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(2) One-half shall be deposited into the Violent | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-510)
Sec. 124B-510. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 500.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 600 heading)
Part 600. Computer Crime
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-600)
Sec. 124B-600. Persons and property subject to forfeiture. A person who commits the offense of computer fraud as set forth in Section 16D-5 or Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, the person has acquired or maintained, directly or indirectly, in whole or in part, as a result of that offense. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired through computer fraud.
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-605)
Sec. 124B-605. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 600 shall be distributed as follows: (1) 50% shall be distributed to the unit of local | ||
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(2) 50% shall be distributed to the county in which | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-610)
Sec. 124B-610. Computer used in commission of felony; forfeiture. If a person commits a felony under any provision of the Criminal Code of 1961 or the Criminal Code of 2012 or another statute and the instrumentality used in the commission of the offense, or in connection with or in furtherance of a scheme or design to commit the offense, is a computer owned by the defendant (or, if the defendant is a minor, owned by the minor's parent or legal guardian), the computer is subject to forfeiture under this Article. A computer, or any part of a computer, is not subject to forfeiture under this Article, however, under either of the following circumstances: (1) The computer accessed in the commission of the | ||
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(2) The rights of a creditor, lienholder, or person | ||
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(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-615)
Sec. 124B-615. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 600.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 700 heading)
Part 700. WIC Fraud
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-700)
Sec. 124B-700. Persons and property subject to forfeiture. A person who commits a felony violation of Article 17B or Section 17-6.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired, in whole or in part, as a result of committing the violation or (ii) the person has maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Article 17B or Section 17-6.3 of the Criminal Code of 1961 or the Criminal Code of 2012. Property subject to forfeiture under this Part 700 includes the following: (1) All moneys, things of value, books, records, and | ||
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(2) Everything of value furnished, or intended to be | ||
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(3) All real property, including any right, title, | ||
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(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-705)
Sec. 124B-705. Seizure and inventory of property subject to forfeiture. Property taken or detained under this Part shall not be subject to
replevin, but is
deemed to be in the custody of the Director of the Illinois State Police subject only to the order and
judgments of the circuit
court having jurisdiction over the forfeiture proceedings and the decisions of
the Attorney General
or 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 estimate of the property's value to the Director of the Illinois State
Police. Upon
receiving the notice
of seizure, the
Director may do any of the following: (1) Place the property under seal. (2) Remove the property to a place designated by the | ||
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(3) Keep the property in the possession of the | ||
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(4) Remove the property to a storage area for | ||
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(5) Place the property under constructive seizure by | ||
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(6) Provide for another agency or custodian, | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-710) Sec. 124B-710. Sale of forfeited property by Director of the Illinois State Police. (a) The court shall authorize the Director of the Illinois State Police to seize any property declared forfeited under this Article on terms and conditions the court deems proper. (b) When property is forfeited under this Part 700, the Director of the Illinois State Police shall sell the property unless the property is required by law to be destroyed or is harmful to the public. The Director shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B-715. (c) (Blank).
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-715) Sec. 124B-715. Distribution of all other property and sale proceeds. All moneys and the sale proceeds of all property forfeited and seized under this Part 700 shall be distributed to the Special Supplemental Food Program for Women, Infants and Children (WIC) program administered by the Illinois Department of Human Services.
(Source: P.A. 100-512, eff. 7-1-18.) |
(725 ILCS 5/124B-720)
Sec. 124B-720. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 700.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 800 heading)
Part 800. Terrorism
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-800)
Sec. 124B-800. Persons and property subject to forfeiture. (a) A person who commits an offense under Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired or maintained, directly or indirectly, in whole or in part, as a result of the offense or (ii) the person used, was about to use, or intended to use in connection with the offense. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012 or that the person used, was about to use, or intended to use in connection with a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012. (b) For purposes of this Part 800, "person" has the meaning given in Section 124B-115 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and any officer, director, partner, member, or agent of any person.
(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-805) Sec. 124B-805. Asset freeze or seizure; ex parte proceeding. (a) Whenever it appears that there is probable cause to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute an offense as defined in this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all assets of that person. Upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that person. A copy of the freeze or seize order shall be served upon the person whose property has been frozen or seized. (b) At any time within 30 days after service of the order to freeze or seize property, the person whose property was ordered frozen or seized, or any person claiming an interest in the property, may file a motion to release his or her property. The court shall hold a hearing on the motion within 10 days. (c) In any proceeding to release property, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute an offense as defined in this Article. If the court finds that any property was being used, is about to be used, or is intended to be used in any way that constitutes or would constitute an offense as defined in this Article, the court shall order the property frozen or held until further order of the court. Any property so ordered held or frozen is subject to forfeiture under the procedures set forth in this Article. (d) Upon the request of the defendant, the court may release property frozen or seized under this Section in an amount sufficient to pay attorney's fees for representation of the defendant at a hearing conducted under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-810)
Sec. 124B-810. Forfeiture hearing following property freeze or seizure. (a) If a person having any property interest in property frozen or seized under Section 124B-805 is charged with an offense within 60 days after the property is frozen or seized, the court that renders judgment on the charge shall conduct a forfeiture hearing within 30 days after the judgment to determine whether the property (i) was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense or (ii) was integrally related to any offense as defined in this Article or intended offense as defined in this Article. (b) The State shall commence a forfeiture proceeding under subsection (a) by filing a written petition with the court. The petition must be verified and must include the following: (1) Material allegations of fact. (2) The name and address of every person determined | ||
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(3) A representation that written notice of the date, | ||
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(4) A request for forfeiture. (c) Every person described in paragraph (2) of subsection (b) may appear as a party and present evidence at the hearing. The quantum of proof required is a preponderance of the evidence, and the burden of proof is on the State. (d) If the court determines that the frozen or seized property was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense, or was integrally related to any offense as defined in this Article or intended offense as defined in this Article, the court shall enter an order of forfeiture and disposition of the frozen or seized property. All property forfeited may be liquidated, and the resultant money, together with any other money forfeited, shall be distributed as set forth in this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-815)
Sec. 124B-815. No release of property for payment of attorney's fees. No judge shall release any property that is the subject of a petition filed under subsection (b) of Section 124B-810 or a hearing conducted under Section 124B-150 or 124B-160 for the payment of attorney's fees for any person claiming an interest in that property.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-820)
Sec. 124B-820. No offense charged or no conviction; in rem proceeding. (a) If a person is not charged with an offense within 60 days after property is frozen or seized under Section 124B-805, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction, or if a judgment of acquittal is entered, the Attorney General or State's Attorney shall immediately commence an in rem proceeding for the forfeiture of any frozen or seized property in the circuit court by filing a complaint that contains the same information as required in a petition under subsection (b) of Section 124B-810. The court shall conduct the in rem proceeding in the same manner as other forfeiture proceedings under this Article. (b) Any person having any property interest in the frozen or seized property may commence a separate civil proceeding in the manner provided by law.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-825)
Sec. 124B-825. Distribution of property and sale proceeds. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale of forfeited property, along with any property forfeited or seized, between participating law enforcement agencies in equitable portions as determined by the court entering the forfeiture order.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-830)
Sec. 124B-830. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 800.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 900 heading)
Part 900. Animals
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-900)
Sec. 124B-900. Legislative declaration. The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show, exhibition, program, or other activity featuring or otherwise involving a fight between an animal and any other animal or human or involving the intentional killing of any animal for the purpose of sport, wagering, or entertainment will have a significant beneficial effect in deterring the rising incidence of those activities within this State, as well as other crimes that frequently occur in partnership with animal fighting, such as illegal gambling, possession of narcotics, and weapons violations.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-905)
Sec. 124B-905. Persons and property subject to forfeiture. A person who commits a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 48-1 or Section 26-5 of the Criminal Code of 2012 or the Criminal Code of 1961 shall forfeit the following: (1) Any moneys, profits, or proceeds the person | ||
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(2) Any real property or interest in real property | ||
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(A) The person organizing the show, exhibition, | ||
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(B) Any other person participating in the | ||
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(C) Any person who knowingly allowed the | ||
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The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Section 4.01 of the Humane Care for Animals Act, a felony violation of Section 48-1 of the Criminal Code of 2012 or Section 26-5 of the Criminal Code of 1961.
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-910) Sec. 124B-910. Notice to or service on owner or interest holder. (a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Article, the notice or service shall be given or made as follows: (1) If the owner's or interest holder's name and | ||
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(2) If the property seized is a conveyance, then | ||
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(3) If the owner's or interest holder's address is | ||
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(b) Notice of pending forfeiture served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-915)
Sec. 124B-915. Property vests in State. All property declared forfeited under this Article vests in the State on the date of 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 unless the transferee claims and establishes in a hearing under the provisions of this Article that the transferee's interest is exempt from forfeiture.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-920) Sec. 124B-920. Defendant precluded
from later denying the essential allegations of the offense. 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.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-925)
Sec. 124B-925. Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in an amount and upon terms that are set out in writing in a settlement agreement.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-930) Sec. 124B-930. Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police 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 or Attorney General under this Article. (b) When property is forfeited under this Article, the Director of the Illinois State Police shall sell all such property and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B-935.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-935)
Sec. 124B-935. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 900 shall be distributed as follows: (1) 65% shall be distributed to the local, municipal, | ||
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(2) 12.5% shall be distributed to the Office of the | ||
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(3) 12.5% shall be distributed to the Illinois | ||
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(4) 10% shall be retained by the Illinois State | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-940)
Sec. 124B-940. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 900.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 1000 heading) Part 1000. Unlawful Telecommunications Device
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1000) Sec. 124B-1000. Persons and property subject to forfeiture. (a) A person who commits the offense of unlawful transfer of a telecommunications device to a minor in violation of Section 12C-65 or Article 44 of the Criminal Code of 2012 or the Criminal Code of 1961 shall forfeit any telecommunications device used in the commission of the offense or which constitutes evidence of the commission of such offense. (b) A person who commits an offense prohibited by the Criminal Code of 1961, the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or an offense involving a telecommunications device possessed by a person on the real property of any elementary or secondary school without authority of the school principal shall forfeit any telecommunications device used in the commission of the offense or which constitutes evidence of the commission of such offense. A person who is not a student of the particular elementary or secondary school, who is on school property as an invitee of the school, and who has possession of a telecommunications device for lawful and legitimate purposes, shall not need to obtain authority from the school principal to possess the telecommunications device on school property.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-1010) Sec. 124B-1010. Seizure. A telecommunications device subject to forfeiture may be seized and delivered forthwith to the investigating law enforcement agency. Such telecommunications device shall not be seized unless it was used in the commission of an offense specified in Section 124B-1000, or constitutes evidence of such an offense. Within 15 days after such delivery, the investigating law enforcement agency shall give notice of seizure to any known owners, lien holders and secured parties of such property. Within that 15 day period the investigating law enforcement agency shall also notify the State's Attorney of the county of seizure about the seizure.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1020) Sec. 124B-1020. Exception to forfeiture. No telecommunications device shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the device was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1030) Sec. 124B-1030. (Repealed).
(Source: P.A. 97-1109, eff. 1-1-13. Repealed by P.A. 100-512, eff. 7-1-18.) |
(725 ILCS 5/124B-1040) Sec. 124B-1040. Distribution of property from sale of proceeds. The proceeds of any sale of property, after payment of all liens and deduction of the reasonable charges and expenses incurred by the investigating law enforcement agency in storing and selling the property, shall be paid into the general fund of the level of government responsible for the operation of the investigating law enforcement agency.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1045) Sec. 124B-1045. Definition. "Telecommunications device" means a device which is portable or which may be installed in a motor vehicle, boat, or other means of transportation, and which is capable of receiving or transmitting speech, data, signals, or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1050) Sec. 124B-1050. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 1000.
(Source: P.A. 97-1109, eff. 1-1-13.) |