SB1033 96TH GENERAL ASSEMBLY

LRB096 07106 RLC 17192 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1033

Introduced 2/6/2009, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

725 ILCS 150/2

from Ch. 56 1/2, par. 1672

Amends the Drug Asset Forfeiture Procedure Act. Makes a technical change in a Section concerning a legislative declaration.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Drug Asset Forfeiture Procedure Act is amended by changing Section 2 as follows:

(725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)

Sec. 2. Legislative Declaration. The The General Assembly finds that the civil forfeiture of property which is used or intended to be used in, is attributable to or facilitates the manufacture, sale, transportation, distribution, possession or use of substances in certain violations of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act will have a significant beneficial effect in deterring the rising incidence of the abuse and trafficking of such substances within this State. While forfeiture may secure for State and local units of government some resources for deterring drug abuse and drug trafficking, forfeiture is not intended to be an alternative means of funding the administration of criminal justice. The General Assembly further finds that the federal narcotics civil forfeiture statute upon which this Act is based has been very successful in deterring the use and distribution of controlled substances within this State and throughout the country. It is therefore the intent of the General Assembly that the forfeiture provisions of this Act be construed in light of the federal forfeiture provisions contained in 21 U.S.C. 881 as interpreted by the federal courts, except to the extent that the provisions of this Act expressly differ therefrom.

(Source: P.A. 94-556, eff. 9-11-05.)