Full Text of SB2869 94th General Assembly
SB2869 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2869
Introduced 1/20/2006, by Sen. Antonio Munoz SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/505 |
from Ch. 56 1/2, par. 1505 |
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Amends the Illinois Controlled Substances Act concerning forfeited conveyances. Provides that when any forfeited conveyance, including an aircraft, vehicle, or vessel is returned to the seizing agency or prosecutor, the conveyance must be used for a minimum of one year in the enforcement of laws relating to cannabis or controlled substances. Provides that after one year, the conveyance may be used for official use in the enforcement of any law. Provides that upon disposal, all proceeds from the sale of the conveyance must be used for drug enforcement purposes. Effective immediately.
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A BILL FOR
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SB2869 |
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LRB094 17675 RLC 52973 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Controlled Substances Act is | 5 |
| amended by changing Section 505 as follows:
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| (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
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| Sec. 505. (a) The following are subject to forfeiture:
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| (1) all substances which have been manufactured, | 9 |
| distributed,
dispensed, or possessed in violation of this | 10 |
| Act;
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| (2) all raw materials, products and equipment of any | 12 |
| kind which are
used, or intended for use in manufacturing, | 13 |
| distributing, dispensing,
administering or possessing any | 14 |
| substance in violation of this Act;
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| (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 paragraphs (1) and (2), but:
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| (i) no conveyance used by any person as a common | 21 |
| carrier in the
transaction of business as a common | 22 |
| carrier is subject to forfeiture under
this Section | 23 |
| unless it appears that the owner or other person in | 24 |
| charge of
the conveyance is a consenting party or privy | 25 |
| to a violation of this Act;
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| (ii) no conveyance is subject to forfeiture under | 27 |
| this Section by reason
of any act or omission which the | 28 |
| owner proves to have been committed or
omitted without | 29 |
| his knowledge or consent;
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| (iii) a forfeiture of a conveyance encumbered by a | 31 |
| bona fide security
interest is subject to the interest | 32 |
| of the secured party if he neither had
knowledge of nor |
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SB2869 |
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LRB094 17675 RLC 52973 b |
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| consented to the act or omission;
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| (4) all money, things of value, books, records, and | 3 |
| research
products and materials including formulas, | 4 |
| microfilm, tapes, and data which
are used, or intended to | 5 |
| be used in violation of this Act;
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| (5) everything of value furnished, or intended to be | 7 |
| furnished, in
exchange for a substance in violation of this | 8 |
| Act, all proceeds traceable
to such an exchange, and all | 9 |
| moneys, negotiable instruments, and securities
used, or | 10 |
| intended to be used, to commit or in any manner to | 11 |
| facilitate
any violation of this Act;
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| (6) all real property, including any right, title, and | 13 |
| interest
(including, but not limited to, any leasehold | 14 |
| interest or the beneficial
interest in a land trust) in the | 15 |
| whole of any lot or tract of land and any
appurtenances or | 16 |
| improvements, which is used or intended to be used, in any
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| manner or part, to commit, or in any manner to facilitate | 18 |
| the commission
of, any violation or act that constitutes a | 19 |
| violation of Section 401 or 405
of this Act or that is the | 20 |
| proceeds of any violation or act that
constitutes a | 21 |
| violation of Section 401 or 405 of this Act.
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| (b) Property subject to forfeiture under this Act may be | 23 |
| seized by the
Director or any peace officer upon process or | 24 |
| seizure warrant issued by
any court having jurisdiction over | 25 |
| the property. Seizure by the Director
or any peace officer | 26 |
| without process may be made:
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| (1) if the seizure is incident to inspection under an | 28 |
| administrative
inspection warrant;
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| (2) if the property subject to seizure has been the | 30 |
| subject of a prior
judgment in favor of the State in a | 31 |
| criminal proceeding, or in an injunction
or forfeiture | 32 |
| proceeding based upon this Act or the Drug Asset Forfeiture
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| Procedure Act;
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| (3) if there is probable cause to believe that the | 35 |
| property is directly
or indirectly dangerous to health or | 36 |
| safety;
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LRB094 17675 RLC 52973 b |
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| (4) if there is probable cause to believe that the | 2 |
| property is subject
to forfeiture under this Act and the | 3 |
| property is seized under
circumstances in which a | 4 |
| warrantless seizure or arrest would be reasonable; or
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| (5) in accordance with the Code of Criminal Procedure | 6 |
| of 1963.
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| (c) In the event of seizure pursuant to subsection (b), | 8 |
| forfeiture
proceedings shall be instituted in accordance with | 9 |
| the Drug
Asset Forfeiture Procedure Act.
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| (d) Property taken or detained under this Section shall not | 11 |
| be subject
to replevin, but is deemed to be in the custody of | 12 |
| the Director subject
only to the order and judgments of the | 13 |
| circuit court having jurisdiction over
the forfeiture | 14 |
| proceedings and the decisions of the State's Attorney
under the | 15 |
| Drug Asset Forfeiture Procedure Act. When property is seized
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| under this Act, the seizing agency shall promptly conduct an | 17 |
| inventory of
the seized property and estimate the property's | 18 |
| value, and shall forward a
copy of the inventory of seized | 19 |
| property and the estimate of the property's
value to the | 20 |
| Director. Upon receiving notice of seizure, the Director may:
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| (1) place the property under seal;
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| (2) remove the property to a place designated by the | 23 |
| Director;
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| (3) keep the property in the possession of the seizing | 25 |
| agency;
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| (4) remove the property to a storage area for | 27 |
| safekeeping or, if the
property is a negotiable instrument | 28 |
| or money and is not needed for
evidentiary purposes, | 29 |
| deposit it in an interest bearing account;
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| (5) place the property under constructive seizure by | 31 |
| posting notice of
pending forfeiture on it, by giving | 32 |
| notice of pending forfeiture to its
owners and interest | 33 |
| holders, or by filing notice of pending forfeiture in
any | 34 |
| appropriate public record relating to the property; or
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| (6) provide for another agency or custodian, including | 36 |
| an owner, secured
party, or lienholder, to take custody of |
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LRB094 17675 RLC 52973 b |
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| the property upon the terms and
conditions set by the | 2 |
| Director.
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| (e) If the Department of Professional Regulation suspends | 4 |
| or revokes
a registration, all controlled substances owned or | 5 |
| possessed by the
registrant at the time of suspension or the | 6 |
| effective date of the
revocation order may be placed under | 7 |
| seal. No disposition may be made of
substances under seal until | 8 |
| the time for taking an appeal has elapsed or
until all appeals | 9 |
| have been concluded unless a court, upon application
therefor, | 10 |
| orders the sale of perishable substances and the deposit of the
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| proceeds of the sale with the court. Upon a revocation rule | 12 |
| becoming final,
all substances may be forfeited to the | 13 |
| Department of Professional
Regulation.
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| (f) When property is forfeited under this Act the Director | 15 |
| shall
sell all such property unless such property is required | 16 |
| by law to be
destroyed or is harmful to the public, and shall | 17 |
| distribute the proceeds of
the sale, together with any moneys | 18 |
| forfeited or seized, in accordance
with subsection (g). | 19 |
| However, upon the application of the seizing agency or
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| prosecutor who was responsible for the investigation, arrest or | 21 |
| arrests and
prosecution which lead to the forfeiture, the | 22 |
| Director may return any item
of forfeited property to the | 23 |
| seizing agency or prosecutor for official use
in the | 24 |
| enforcement of laws relating to cannabis or controlled | 25 |
| substances,
if the agency or prosecutor can demonstrate that | 26 |
| the item requested would
be useful to the agency or prosecutor | 27 |
| in their enforcement efforts. When any forfeited conveyance, | 28 |
| including an aircraft, vehicle, or vessel is returned to the | 29 |
| seizing agency or prosecutor, the conveyance must be used for a | 30 |
| minimum of one year in the enforcement of laws relating to | 31 |
| cannabis or controlled substances. After one year, the | 32 |
| conveyance may be used for official use in the enforcement of | 33 |
| any law. Upon disposal, all proceeds from the sale of the | 34 |
| conveyance must be used for drug enforcement purposes. When
any | 35 |
| real property returned to the seizing agency is sold by the | 36 |
| agency or
its unit of government, the proceeds of the sale |
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LRB094 17675 RLC 52973 b |
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| shall be delivered to the
Director and distributed in | 2 |
| accordance with subsection (g).
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| (g) All monies and the sale proceeds of all other property | 4 |
| forfeited and
seized under this Act shall be distributed as | 5 |
| follows:
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| (1) 65% shall be distributed to the metropolitan | 7 |
| enforcement group,
local, municipal, county, or state law | 8 |
| enforcement agency or agencies which
conducted or | 9 |
| participated in the investigation resulting in the | 10 |
| forfeiture.
The distribution shall bear a reasonable | 11 |
| relationship to the degree of
direct participation of the | 12 |
| law enforcement agency in the effort resulting
in the | 13 |
| forfeiture, taking into account the total value of the | 14 |
| property
forfeited and the total law enforcement effort | 15 |
| with respect to the
violation of the law upon which the | 16 |
| forfeiture is based.
Amounts distributed to the agency or | 17 |
| agencies shall be used for the
enforcement of laws | 18 |
| governing cannabis and controlled substances, except that
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| amounts distributed to the Secretary of State shall be | 20 |
| deposited into the
Secretary of State Evidence Fund to be | 21 |
| used as provided in Section 2-115 of the
Illinois Vehicle | 22 |
| Code.
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| (2) (i) 12.5% shall be distributed to the Office of the | 24 |
| State's
Attorney of the county in which the prosecution | 25 |
| resulting in the forfeiture
was instituted, deposited in a | 26 |
| special fund in the county treasury and
appropriated to the | 27 |
| State's Attorney for use in the enforcement of laws
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| governing cannabis and controlled substances. In counties | 29 |
| over 3,000,000
population, 25% will be distributed to the | 30 |
| Office of the State's Attorney for
use in the
enforcement | 31 |
| of laws governing cannabis and controlled substances. If | 32 |
| the
prosecution is undertaken solely by the Attorney | 33 |
| General, the portion
provided hereunder shall be | 34 |
| distributed to the Attorney General for use in
the | 35 |
| enforcement of laws governing cannabis and controlled | 36 |
| substances.
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LRB094 17675 RLC 52973 b |
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| (ii) 12.5% shall be distributed to the Office of the | 2 |
| State's Attorneys
Appellate Prosecutor and deposited in | 3 |
| the Narcotics Profit Forfeiture Fund
of that office to be | 4 |
| used for additional expenses incurred in the
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| investigation, prosecution and appeal of cases arising | 6 |
| under laws governing
cannabis and controlled substances. | 7 |
| The Office of the State's Attorneys
Appellate Prosecutor | 8 |
| shall not receive distribution from cases brought in
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| counties with over 3,000,000 population.
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| (3) 10% shall be retained by the Department of State | 11 |
| Police for expenses
related to the administration and sale | 12 |
| of seized and forfeited property.
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| (h) Species of plants from which controlled substances in | 14 |
| Schedules I
and II may be derived which have been planted or | 15 |
| cultivated in violation of
this Act, or of which the owners or | 16 |
| cultivators are unknown, or which are
wild growths, may be | 17 |
| seized and summarily forfeited to the State. The
failure, upon | 18 |
| demand by the Director or any peace officer, of the person in
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| occupancy or in control of land or premises upon which the | 20 |
| species of
plants are growing or being stored, to produce | 21 |
| registration, or proof that
he is the holder thereof, | 22 |
| constitutes authority for the seizure and
forfeiture of the | 23 |
| plants.
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| (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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