Full Text of SB2869 94th General Assembly
SB2869sam002 94TH GENERAL ASSEMBLY
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Sen. Antonio Munoz
Filed: 2/14/2006
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LRB094 17675 RLC 55995 a |
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| AMENDMENT TO SENATE BILL 2869
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| AMENDMENT NO. ______. Amend Senate Bill 2869 on page 1, by | 3 |
| inserting immediately below line 3 the following:
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| "Section 3. The Cannabis Control Act is amended by changing | 5 |
| Section 12 as follows:
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| (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
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| Sec. 12. (a) The following are subject to forfeiture:
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| (1) all substances containing cannabis which have been | 9 |
| produced,
manufactured, delivered, or possessed in | 10 |
| violation of this Act;
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| (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;
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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 paragraph (1) or (2) that constitutes
a felony violation | 20 |
| of the Act, but:
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| (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 | 24 |
| unless it appears that the owner or other person in
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| charge of the conveyance is a consenting party or privy | 2 |
| to a violation
of this Act;
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| (ii) no conveyance is subject to forfeiture under | 4 |
| this Section by
reason of any act or omission which the | 5 |
| owner proves to have been
committed or omitted without | 6 |
| his knowledge or consent;
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| (iii) a forfeiture of a conveyance encumbered by a | 8 |
| bona fide
security interest is subject to the interest | 9 |
| of the secured party if he
neither had knowledge of nor | 10 |
| consented to the act or omission;
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| (4) all money, things of value, books, records, and | 12 |
| research
products and materials including formulas, | 13 |
| microfilm, tapes, and data
which are used, or intended for | 14 |
| use in a felony violation of this Act;
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| (5) everything of value furnished or intended to be | 16 |
| furnished by any
person in exchange for a substance in | 17 |
| violation of this Act, all proceeds
traceable to such an | 18 |
| exchange, and all moneys, negotiable instruments, and
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| securities used, or intended to be used, to commit or in | 20 |
| any manner to
facilitate any felony violation of this Act.
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| (b) Property subject to forfeiture under this Act may be | 22 |
| seized by
the Director or any peace officer upon process or | 23 |
| seizure warrant issued by
any court having jurisdiction over | 24 |
| the property. Seizure by the Director
or any peace officer | 25 |
| without process may be made:
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| (1) if the property subject to seizure has been the | 27 |
| subject of a
prior judgment in favor of the State in a | 28 |
| criminal proceeding or
in an injunction or forfeiture | 29 |
| proceeding based upon this Act or the Drug
Asset Forfeiture | 30 |
| Procedure Act;
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| (2) if there is probable cause to believe that the | 32 |
| property is
directly or indirectly dangerous to health or | 33 |
| safety;
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| (3) if there is probable cause to believe that the |
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| property is subject
to forfeiture under this Act and the | 2 |
| property is seized under
circumstances in which a | 3 |
| warrantless seizure or arrest would be reasonable; or
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| (4) in accordance with the Code of Criminal Procedure | 5 |
| of 1963.
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| (c) In the event of seizure pursuant to subsection (b), | 7 |
| forfeiture
proceedings shall be instituted in accordance with | 8 |
| the
Drug Asset Forfeiture Procedure Act.
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| (d) Property taken or detained under this Section shall not | 10 |
| be
subject to replevin, but is deemed to be in the custody of | 11 |
| the Director
subject only to the order and judgments of the | 12 |
| circuit court having
jurisdiction over the forfeiture | 13 |
| proceedings and the decisions of the
State's Attorney under the | 14 |
| Drug Asset Forfeiture Procedure Act. When
property is seized | 15 |
| under this Act, the seizing agency shall promptly
conduct an | 16 |
| inventory of the seized property, estimate the property's | 17 |
| value,
and shall forward a copy of the inventory of seized | 18 |
| property and the
estimate of the property's value to the | 19 |
| 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 him;
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| (3) keep the property in the possession of the seizing | 23 |
| agency;
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| (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, | 27 |
| deposit it in an interest bearing account;
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| (5) place the property under constructive seizure by | 29 |
| posting notice of
pending forfeiture on it, by giving | 30 |
| notice of pending forfeiture to its
owners and interest | 31 |
| holders, or by filing notice of pending forfeiture in
any | 32 |
| appropriate public record relating to the property; or
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| (6) provide for another agency or custodian, including | 34 |
| an owner, secured
party, or lienholder, to take custody of |
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| the property upon the terms and
conditions set by the | 2 |
| Director.
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| (e) No disposition may be made of property under seal until | 4 |
| the time
for taking an appeal has elapsed or until all appeals | 5 |
| have been
concluded unless a court, upon application therefor, | 6 |
| orders the sale of
perishable substances and the deposit of the | 7 |
| proceeds of the sale with
the court.
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| (f) When property is forfeited under this Act the Director | 9 |
| shall
sell all such property unless such property is required | 10 |
| by law to be
destroyed or is harmful to the public, and shall | 11 |
| distribute the proceeds of
the sale, together with any moneys | 12 |
| forfeited or seized, in accordance
with subsection (g). | 13 |
| However, upon the application of the seizing agency or
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| prosecutor who was responsible for the investigation, arrest or | 15 |
| arrests and
prosecution which lead to the forfeiture, the | 16 |
| Director may return any item
of forfeited property to the | 17 |
| seizing agency or prosecutor for official use
in the | 18 |
| enforcement of laws relating to cannabis or controlled | 19 |
| substances,
if the agency or prosecutor can demonstrate that | 20 |
| the item requested would
be useful to the agency or prosecutor | 21 |
| in their enforcement efforts. When any forfeited conveyance, | 22 |
| including an aircraft, vehicle, or vessel, is returned to the | 23 |
| seizing agency or prosecutor, the conveyance must be used for a | 24 |
| minimum of one year in the enforcement of laws relating to | 25 |
| cannabis or controlled substances. After one year, the | 26 |
| conveyance may be used for official use in the enforcement of | 27 |
| any law. Upon disposal, all proceeds from the sale of the | 28 |
| conveyance must be used for drug enforcement purposes. When
any | 29 |
| real property returned to the seizing agency is sold by the | 30 |
| agency or
its unit of government, the proceeds of the sale | 31 |
| shall be delivered to the
Director and distributed in | 32 |
| accordance with subsection (g).
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| (g) All monies and the sale proceeds of all other property | 34 |
| forfeited and
seized under this Act shall be distributed as |
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| follows:
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| (1) 65% shall be distributed to the metropolitan | 3 |
| enforcement group,
local, municipal, county, or state law | 4 |
| enforcement agency or agencies which
conducted or | 5 |
| participated in the investigation resulting in the | 6 |
| forfeiture.
The distribution shall bear a reasonable | 7 |
| relationship to the degree of
direct participation of the | 8 |
| law enforcement agency in the effort resulting
in the | 9 |
| forfeiture, taking into account the total value of the | 10 |
| property
forfeited and the total law enforcement effort | 11 |
| with respect to the
violation of the law upon which the | 12 |
| forfeiture is based.
Amounts distributed to the agency or | 13 |
| agencies shall be used for the
enforcement of laws | 14 |
| governing cannabis and controlled substances, except
that | 15 |
| amounts distributed to the Secretary of State shall be | 16 |
| deposited into
the Secretary of State Evidence Fund to be | 17 |
| used as provided in Section
2-115 of the Illinois Vehicle | 18 |
| Code.
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| (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 | 22 |
| in a special fund in the county treasury and
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| appropriated to the State's Attorney for use in the | 24 |
| enforcement of laws
governing cannabis and controlled | 25 |
| substances. In counties over 3,000,000
population, 25% | 26 |
| will be distributed to the Office of the State's | 27 |
| Attorney for use in the
enforcement of laws governing | 28 |
| cannabis and controlled substances. If the
prosecution | 29 |
| is undertaken solely by the Attorney General, the | 30 |
| portion
provided hereunder shall be distributed to the | 31 |
| Attorney General for use in
the enforcement of laws | 32 |
| governing cannabis and controlled substances.
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| (ii) 12.5% shall be distributed to the Office of | 34 |
| the State's Attorneys
Appellate Prosecutor and |
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| deposited in the Narcotics Profit Forfeiture Fund
of | 2 |
| that Office to be used for additional expenses incurred | 3 |
| in the
investigation, prosecution and appeal of cases | 4 |
| arising under laws governing
cannabis and controlled | 5 |
| substances. The Office of the State's Attorneys
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| Appellate Prosecutor shall not receive distribution | 7 |
| from cases brought in
counties with over 3,000,000 | 8 |
| population.
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| (3) 10% shall be retained by the Department of State | 10 |
| Police for expenses
related to the administration and sale | 11 |
| of seized and forfeited property.
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| (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)"; | 13 |
| and
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| on page 4, line 28, by changing " vessel " to " vessel, "; and | 15 |
| on page 6, by inserting immediately below line 24 the | 16 |
| following: | 17 |
| "Section 10. The Methamphetamine Control and Community | 18 |
| Protection Act is amended by changing Section 85 as follows: | 19 |
| (720 ILCS 646/85)
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| Sec. 85. Forfeiture. | 21 |
| (a) The following are subject to forfeiture:
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| (1) all substances containing methamphetamine which | 23 |
| have
been produced, manufactured, delivered, or possessed | 24 |
| in violation of this Act;
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| (2) all methamphetamine manufacturing materials which | 26 |
| have
been produced, delivered, or possessed in connection | 27 |
| with any substance containing methamphetamine in violation | 28 |
| of this Act;
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| (3) all conveyances, including aircraft, vehicles or
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| vessels, which are used, or intended for use, to transport, |
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LRB094 17675 RLC 55995 a |
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| 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 | 27 |
| securities used, or intended to be used, to commit or in | 28 |
| any manner to facilitate any felony violation of this Act.
| 29 |
| (6) all real property, including any right, title, and | 30 |
| interest (including, but not limited to, any leasehold | 31 |
| interest or the beneficial interest in a land trust) in the | 32 |
| whole of any lot or tract of land and any appurtenances or | 33 |
| improvements, which is used, or intended to be used, in any | 34 |
| manner or part, to commit, or in any manner to facilitate |
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| the commission of, any violation or act that constitutes a | 2 |
| violation of this Act or that is the proceeds of any | 3 |
| violation or act that constitutes a violation of this Act.
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| (b) Property subject to forfeiture under this Act may be | 5 |
| seized by the Director or any peace officer upon process or | 6 |
| seizure warrant issued by any court having jurisdiction over | 7 |
| the property. Seizure by the Director or any peace officer | 8 |
| without process may be made:
| 9 |
| (1) if the property subject to seizure has been the
| 10 |
| subject of a prior judgment in favor of the State in a | 11 |
| criminal proceeding or in an injunction or forfeiture | 12 |
| proceeding based upon this Act or the Drug Asset Forfeiture | 13 |
| Procedure Act;
| 14 |
| (2) if there is probable cause to believe that the
| 15 |
| property is directly or indirectly dangerous to health or | 16 |
| safety;
| 17 |
| (3) if there is probable cause to believe that the
| 18 |
| property is subject to forfeiture under this Act and the | 19 |
| property is seized under circumstances in which a | 20 |
| warrantless seizure or arrest would be reasonable; or
| 21 |
| (4) in accordance with the Code of Criminal
Procedure | 22 |
| of 1963.
| 23 |
| (c) In the event of seizure pursuant to subsection (b), | 24 |
| forfeiture proceedings shall be instituted in accordance with | 25 |
| the Drug Asset Forfeiture Procedure Act.
| 26 |
| (d) Property taken or detained under this Section is not | 27 |
| subject to replevin, but is deemed to be in the custody of the | 28 |
| Director subject only to the order and judgments of the circuit | 29 |
| court having jurisdiction over the forfeiture proceedings and | 30 |
| the decisions of the State's Attorney under the Drug Asset | 31 |
| Forfeiture Procedure Act. When property is seized under this | 32 |
| Act, the seizing agency shall promptly conduct an inventory of | 33 |
| the seized property, estimate the property's value, and forward | 34 |
| a copy of the inventory of seized property and the estimate of |
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LRB094 17675 RLC 55995 a |
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| the property's value to the Director. Upon receiving notice of | 2 |
| seizure, the Director may:
| 3 |
| (1) place the property under seal;
| 4 |
| (2) remove the property to a place designated by him or | 5 |
| her;
| 6 |
| (3) keep the property in the possession of the
seizing | 7 |
| agency;
| 8 |
| (4) remove the property to a storage area for
| 9 |
| safekeeping or, if the property is a negotiable instrument | 10 |
| or money and is not needed for evidentiary purposes, | 11 |
| deposit it in an interest bearing account;
| 12 |
| (5) place the property under constructive seizure by
| 13 |
| posting notice of pending forfeiture on it, by giving | 14 |
| notice of pending forfeiture to its owners and interest | 15 |
| holders, or by filing notice of pending forfeiture in any | 16 |
| appropriate public record relating to the property; or
| 17 |
| (6) provide for another agency or custodian,
including | 18 |
| an owner, secured party, or lienholder, to take custody of | 19 |
| the property upon the terms and conditions set by the | 20 |
| Director.
| 21 |
| (e) No disposition may be made of property under seal until | 22 |
| the time for taking an appeal has elapsed or until all appeals | 23 |
| have been concluded unless a court, upon application therefor, | 24 |
| orders the sale of perishable substances and the deposit of the | 25 |
| proceeds of the sale with the court.
| 26 |
| (f) When property is forfeited under this Act, the Director | 27 |
| shall sell the property unless the property is required by law | 28 |
| to be destroyed or is harmful to the public, and shall | 29 |
| distribute the proceeds of the sale, together with any moneys | 30 |
| forfeited or seized, in accordance with subsection (g). | 31 |
| However, upon the application of the seizing agency or | 32 |
| prosecutor who was responsible for the investigation, arrest or | 33 |
| arrests and prosecution which lead to the forfeiture, the | 34 |
| Director may return any item of forfeited property to the |
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09400SB2869sam002 |
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LRB094 17675 RLC 55995 a |
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| seizing agency or prosecutor for official use in the | 2 |
| enforcement of laws relating to methamphetamine, cannabis, or | 3 |
| controlled substances, if the agency or prosecutor | 4 |
| demonstrates that the item requested would be useful to the | 5 |
| agency or prosecutor in their enforcement efforts. When any | 6 |
| forfeited conveyance, including an aircraft, vehicle, or | 7 |
| vessel, is returned to the seizing agency or prosecutor, the | 8 |
| conveyance must be used for a minimum of one year in the | 9 |
| enforcement of laws relating to cannabis or controlled | 10 |
| substances. After one year, the conveyance may be used for | 11 |
| official use in the enforcement of any law. Upon disposal, all | 12 |
| proceeds from the sale of the conveyance must be used for drug | 13 |
| enforcement purposes. When any real property returned to the | 14 |
| seizing agency is sold by the agency or its unit of government, | 15 |
| the proceeds of the sale shall be delivered to the Director and | 16 |
| distributed in accordance with subsection (g).
| 17 |
| (g) All moneys and the sale proceeds of all other property | 18 |
| forfeited and seized under this Act shall be distributed as | 19 |
| follows:
| 20 |
| (1) 65% shall be distributed to the metropolitan
| 21 |
| enforcement group, local, municipal, county, or State law | 22 |
| enforcement agency or agencies which conducted or | 23 |
| participated in the investigation resulting in the | 24 |
| forfeiture. The distribution shall bear a reasonable | 25 |
| relationship to the degree of direct participation of the | 26 |
| law enforcement agency in the effort resulting in the | 27 |
| forfeiture, taking into account the total value of the | 28 |
| property forfeited and the total law enforcement effort | 29 |
| with respect to the violation of the law upon which the | 30 |
| forfeiture is based. Amounts distributed to the agency or | 31 |
| agencies shall be used for the enforcement of laws | 32 |
| governing methamphetamine, cannabis, and controlled | 33 |
| substances, except that amounts distributed to the | 34 |
| Secretary of State shall be deposited into the Secretary of |
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LRB094 17675 RLC 55995 a |
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| State Evidence Fund to be used as provided in Section 2-115 | 2 |
| of the Illinois Vehicle Code.
| 3 |
| (2)(i) 12.5% shall be distributed to the Office of
the | 4 |
| State's Attorney of the county in which the prosecution | 5 |
| resulting in the forfeiture was instituted, deposited in a | 6 |
| special fund in the county treasury and appropriated to the | 7 |
| State's Attorney for use in the enforcement of laws | 8 |
| governing methamphetamine, cannabis, and controlled | 9 |
| substances. In counties with a population over 3,000,000, | 10 |
| 25% shall be distributed to the Office of the State's | 11 |
| Attorney for use in the enforcement of laws governing | 12 |
| methamphetamine, cannabis, and controlled substances. If | 13 |
| the prosecution is undertaken solely by the Attorney | 14 |
| General, the portion provided hereunder shall be | 15 |
| distributed to the Attorney General for use in the | 16 |
| enforcement of laws governing methamphetamine, cannabis, | 17 |
| and controlled substances.
| 18 |
| (ii) 12.5% shall be distributed to the Office of
the | 19 |
| State's Attorneys Appellate Prosecutor and deposited in | 20 |
| the Narcotics Profit Forfeiture Fund of that Office to be | 21 |
| used for additional expenses incurred in the | 22 |
| investigation, prosecution and appeal of cases arising | 23 |
| under laws governing methamphetamine, cannabis, and | 24 |
| controlled substances. The Office of the State's Attorneys | 25 |
| Appellate Prosecutor shall not receive distribution from | 26 |
| cases brought in counties with a population over 3,000,000.
| 27 |
| (3) 10% shall be retained by the Department of State
| 28 |
| Police for expenses related to the administration and sale | 29 |
| of seized and forfeited property.
| 30 |
| (Source: P.A. 94-556, eff. 9-11-05.)".
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