Full Text of SB0212 99th General Assembly
SB0212enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Control Act is amended by changing | 5 | | Section 12 as follows:
| 6 | | (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
| 7 | | Sec. 12. (a) The following are subject to forfeiture:
| 8 | | (1) all substances containing cannabis which have been | 9 | | produced,
manufactured, delivered, or possessed in | 10 | | violation of this Act;
| 11 | | (2) all raw materials, products and equipment of any | 12 | | kind which are
produced, delivered, or possessed in | 13 | | connection with any substance
containing cannabis in | 14 | | violation of this Act;
| 15 | | (3) all conveyances, including aircraft, vehicles or | 16 | | vessels, which
are used, or intended for use, to transport, | 17 | | or in any manner to
facilitate the transportation, sale, | 18 | | receipt, possession, or
concealment of property described | 19 | | in paragraph (1) or (2) that constitutes
a felony violation | 20 | | of the Act, but:
| 21 | | (i) no conveyance used by any person as a common | 22 | | carrier in the
transaction of business as a common | 23 | | carrier is subject to forfeiture
under this Section |
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| 1 | | unless it appears that the owner or other person in
| 2 | | charge of the conveyance is a consenting party or privy | 3 | | to a violation
of this Act;
| 4 | | (ii) no conveyance is subject to forfeiture under | 5 | | this Section by
reason of any act or omission which the | 6 | | owner proves to have been
committed or omitted without | 7 | | his knowledge or consent;
| 8 | | (iii) a forfeiture of a conveyance encumbered by a | 9 | | bona fide
security interest is subject to the interest | 10 | | of the secured party if he
neither had knowledge of nor | 11 | | consented to the act or omission;
| 12 | | (4) all money, things of value, books, records, and | 13 | | research
products and materials including formulas, | 14 | | microfilm, tapes, and data
which are used, or intended for | 15 | | use in a felony violation of this Act;
| 16 | | (5) everything of value furnished or intended to be | 17 | | furnished by any
person in exchange for a substance in | 18 | | violation of this Act, all proceeds
traceable to such an | 19 | | exchange, and all moneys, negotiable instruments, and
| 20 | | securities used, or intended to be used, to commit or in | 21 | | any manner to
facilitate any felony violation of this Act;
| 22 | | (6) all real property, including any right, title, and | 23 | | interest including, but not limited to, any leasehold | 24 | | interest or the beneficial interest to a land trust, in the | 25 | | whole of any lot or tract of land and any appurtenances or | 26 | | improvements, that is used or intended to be used to |
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| 1 | | facilitate the manufacture, distribution, sale, receipt, | 2 | | or concealment of property described in paragraph (1) or | 3 | | (2) of this subsection (a) that constitutes a felony | 4 | | violation of more than 2,000 grams of a substance | 5 | | containing cannabis or that is the proceeds of any felony | 6 | | violation of this Act. | 7 | | (b) Property subject to forfeiture under this Act may be | 8 | | seized by
the Director or any peace officer upon process or | 9 | | seizure warrant issued by
any court having jurisdiction over | 10 | | the property. Seizure by the Director
or any peace officer | 11 | | without process may be made:
| 12 | | (1) if the property subject to seizure has been the | 13 | | subject of a
prior judgment in favor of the State in a | 14 | | criminal proceeding or
in an injunction or forfeiture | 15 | | proceeding based upon this Act or the Drug
Asset Forfeiture | 16 | | Procedure Act;
| 17 | | (2) if there is probable cause to believe that the | 18 | | property is
directly or indirectly dangerous to health or | 19 | | safety;
| 20 | | (3) if there is probable cause to believe that the | 21 | | property is subject
to forfeiture under this Act and the | 22 | | property is seized under
circumstances in which a | 23 | | warrantless seizure or arrest would be reasonable; or
| 24 | | (4) in accordance with the Code of Criminal Procedure | 25 | | of 1963.
| 26 | | (c) In the event of seizure pursuant to subsection (b), |
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| 1 | | notice shall be given forthwith to all known interest holders | 2 | | that forfeiture
proceedings, including a preliminary review, | 3 | | shall be instituted in accordance with the
Drug Asset | 4 | | Forfeiture Procedure Act and such proceedings shall thereafter | 5 | | be instituted in accordance with that Act. Upon a showing of | 6 | | good cause, the notice required for a preliminary review under | 7 | | this Section may be postponed.
| 8 | | (c-1) In the event the State's Attorney is of the opinion | 9 | | that real property is subject to forfeiture under this Act, | 10 | | forfeiture proceedings shall be instituted in accordance with | 11 | | the Drug Asset Forfeiture Procedure Act. The exemptions from | 12 | | forfeiture provisions of Section 8 of the Drug Asset Forfeiture | 13 | | Procedure Act are applicable. | 14 | | (d) Property taken or detained under this Section shall not | 15 | | be
subject to replevin, but is deemed to be in the custody of | 16 | | the Director
subject only to the order and judgments of the | 17 | | circuit court having
jurisdiction over the forfeiture | 18 | | proceedings and the decisions of the
State's Attorney under the | 19 | | Drug Asset Forfeiture Procedure Act. When
property is seized | 20 | | under this Act, the seizing agency shall promptly
conduct an | 21 | | inventory of the seized property, estimate the property's | 22 | | value,
and shall forward a copy of the inventory of seized | 23 | | property and the
estimate of the property's value to the | 24 | | Director. Upon receiving notice of
seizure, the Director may:
| 25 | | (1) place the property under seal;
| 26 | | (2) remove the property to a place designated by him;
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| 1 | | (3) keep the property in the possession of the seizing | 2 | | agency;
| 3 | | (4) remove the property to a storage area for | 4 | | safekeeping or, if the
property is a negotiable instrument | 5 | | or money and is not needed for
evidentiary purposes, | 6 | | deposit it in an interest bearing account;
| 7 | | (5) place the property under constructive seizure by | 8 | | posting notice of
pending forfeiture on it, by giving | 9 | | notice of pending forfeiture to its
owners and interest | 10 | | holders, or by filing notice of pending forfeiture in
any | 11 | | appropriate public record relating to the property; or
| 12 | | (6) provide for another agency or custodian, including | 13 | | an owner, secured
party, or lienholder, to take custody of | 14 | | the property upon the terms and
conditions set by the | 15 | | Director.
| 16 | | (e) No disposition may be made of property under seal until | 17 | | the time
for taking an appeal has elapsed or until all appeals | 18 | | have been
concluded unless a court, upon application therefor, | 19 | | orders the sale of
perishable substances and the deposit of the | 20 | | proceeds of the sale with
the court.
| 21 | | (f) When property is forfeited under this Act the Director | 22 | | shall
sell all such property unless such property is required | 23 | | by law to be
destroyed or is harmful to the public, and shall | 24 | | distribute the proceeds of
the sale, together with any moneys | 25 | | forfeited or seized, in accordance
with subsection (g). | 26 | | However, upon the application of the seizing agency or
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| 1 | | prosecutor who was responsible for the investigation, arrest or | 2 | | arrests and
prosecution which lead to the forfeiture, the | 3 | | Director may return any item
of forfeited property to the | 4 | | seizing agency or prosecutor for official use
in the | 5 | | enforcement of laws relating to cannabis or controlled | 6 | | substances,
if the agency or prosecutor can demonstrate that | 7 | | the item requested would
be useful to the agency or prosecutor | 8 | | in their enforcement efforts. When any forfeited conveyance, | 9 | | including an aircraft, vehicle, or vessel, is returned to the | 10 | | seizing agency or prosecutor, the conveyance may be used | 11 | | immediately in the enforcement of the criminal laws of this | 12 | | State. Upon disposal, all proceeds from the sale of the | 13 | | conveyance must be used for drug enforcement purposes. When
any | 14 | | real property returned to the seizing agency is sold by the | 15 | | agency or
its unit of government, the proceeds of the sale | 16 | | shall be delivered to the
Director and distributed in | 17 | | accordance with subsection (g).
| 18 | | (g) All monies and the sale proceeds of all other property | 19 | | forfeited and
seized under this Act shall be distributed as | 20 | | follows:
| 21 | | (1)(i) 65% shall be distributed to the metropolitan | 22 | | enforcement group,
local, municipal, county, or state law | 23 | | enforcement agency or agencies which
conducted or | 24 | | participated in the investigation resulting in the | 25 | | forfeiture.
The distribution shall bear a reasonable | 26 | | relationship to the degree of
direct participation of the |
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| 1 | | law enforcement agency in the effort resulting
in the | 2 | | forfeiture, taking into account the total value of the | 3 | | property
forfeited and the total law enforcement effort | 4 | | with respect to the
violation of the law upon which the | 5 | | forfeiture is based.
Amounts distributed to the agency or | 6 | | agencies shall be used for the
enforcement of laws | 7 | | governing cannabis and controlled substances ; for public | 8 | | education in the community or schools in the
prevention or | 9 | | detection of the abuse of drugs or
alcohol; or for security | 10 | | cameras used for the prevention or detection of violence, | 11 | | except
that amounts distributed to the Secretary of State | 12 | | shall be deposited into
the Secretary of State Evidence | 13 | | Fund to be used as provided in Section
2-115 of the | 14 | | Illinois Vehicle Code.
| 15 | | (ii) Any local, municipal, or county law enforcement | 16 | | agency entitled to receive a monetary distribution of | 17 | | forfeiture proceeds may share those forfeiture proceeds | 18 | | pursuant to the terms of an intergovernmental agreement | 19 | | with a municipality that has a population in excess of | 20 | | 20,000 if: | 21 | | (I) the receiving agency has entered into an | 22 | | intergovernmental agreement with the municipality to | 23 | | provide police services; | 24 | | (II) the intergovernmental agreement for police | 25 | | services provides for consideration in an amount of not | 26 | | less than $1,000,000 per year; |
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| 1 | | (III) the seizure took place within the | 2 | | geographical limits of the municipality; and | 3 | | (IV) the funds are used only for the enforcement
of | 4 | | laws governing cannabis and controlled substances ; for | 5 | | public education in the community or schools in the
| 6 | | prevention or detection of the abuse of drugs or
| 7 | | alcohol ; or
for security cameras used for the | 8 | | prevention or detection
of violence or the | 9 | | establishment of a municipal police
force, including | 10 | | the training of officers, construction of
a police | 11 | | station, the purchase of law enforcement
equipment, or | 12 | | vehicles.
| 13 | | (2)(i) 12.5% shall be distributed to the Office of the | 14 | | State's
Attorney of the county in which the prosecution | 15 | | resulting in the forfeiture
was instituted, deposited in a | 16 | | special fund in the county treasury and
appropriated to the | 17 | | State's Attorney for use in the enforcement of laws
| 18 | | governing cannabis and controlled substances ; for public | 19 | | education in the community or schools in the
prevention or | 20 | | detection of the abuse of drugs or
alcohol; , or at the | 21 | | discretion of the State's Attorney, in addition to other | 22 | | authorized purposes, to make grants to local substance | 23 | | abuse treatment facilities and half-way houses. In | 24 | | counties over 3,000,000
population, 25% will be | 25 | | distributed to the Office of the State's Attorney for use | 26 | | in the
enforcement of laws governing cannabis and |
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| 1 | | controlled substances ; for public education in the | 2 | | community or schools in the
prevention or detection of the | 3 | | abuse of drugs or
alcohol; , or at the discretion of the | 4 | | State's Attorney, in addition to other authorized | 5 | | purposes, to make grants to local substance abuse treatment | 6 | | facilities and half-way houses. If the
prosecution is | 7 | | undertaken solely by the Attorney General, the portion
| 8 | | provided hereunder shall be distributed to the Attorney | 9 | | General for use in
the enforcement of laws governing | 10 | | cannabis and controlled substances.
| 11 | | (ii) 12.5% shall be distributed to the Office of the | 12 | | State's Attorneys
Appellate Prosecutor and deposited in | 13 | | the Narcotics Profit Forfeiture Fund
of that Office to be | 14 | | used for additional expenses incurred in the
| 15 | | investigation, prosecution and appeal of cases arising | 16 | | under laws governing
cannabis and controlled substances or | 17 | | for public education in the community or schools in the
| 18 | | prevention or detection of the abuse of drugs or
alcohol . | 19 | | The Office of the State's Attorneys
Appellate Prosecutor | 20 | | shall not receive distribution from cases brought in
| 21 | | counties with over 3,000,000 population.
| 22 | | (3) 10% shall be retained by the Department of State | 23 | | Police for expenses
related to the administration and sale | 24 | | of seized and forfeited property.
| 25 | | (Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813, | 26 | | eff. 7-13-12; 97-985, eff. 1-1-13.)
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| 1 | | Section 10. The Illinois Controlled Substances Act is | 2 | | amended by changing Section 505 as follows:
| 3 | | (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
| 4 | | Sec. 505. (a) The following are subject to forfeiture:
| 5 | | (1) all substances which have been manufactured, | 6 | | distributed,
dispensed, or possessed in violation of this | 7 | | Act;
| 8 | | (2) all raw materials, products and equipment of any | 9 | | kind which are
used, or intended for use in manufacturing, | 10 | | distributing, dispensing,
administering or possessing any | 11 | | substance in violation of this Act;
| 12 | | (3) all conveyances, including aircraft, vehicles or | 13 | | vessels, which are
used, or intended for use, to transport, | 14 | | or in any manner to facilitate
the transportation, sale, | 15 | | receipt, possession, or concealment of property
described | 16 | | in paragraphs (1) and (2), but:
| 17 | | (i) no conveyance used by any person as a common | 18 | | carrier in the
transaction of business as a common | 19 | | carrier is subject to forfeiture under
this Section | 20 | | unless it appears that the owner or other person in | 21 | | charge of
the conveyance is a consenting party or privy | 22 | | to a violation of this Act;
| 23 | | (ii) no conveyance is subject to forfeiture under | 24 | | this Section by reason
of any act or omission which the |
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| 1 | | owner proves to have been committed or
omitted without | 2 | | his or her knowledge or consent;
| 3 | | (iii) a forfeiture of a conveyance encumbered by a | 4 | | bona fide security
interest is subject to the interest | 5 | | of the secured party if he or she neither had
knowledge | 6 | | of nor consented to the act or omission;
| 7 | | (4) all money, things of value, books, records, and | 8 | | research
products and materials including formulas, | 9 | | microfilm, tapes, and data which
are used, or intended to | 10 | | be used in violation of this Act;
| 11 | | (5) everything of value furnished, or intended to be | 12 | | furnished, in
exchange for a substance in violation of this | 13 | | Act, all proceeds traceable
to such an exchange, and all | 14 | | moneys, negotiable instruments, and securities
used, or | 15 | | intended to be used, to commit or in any manner to | 16 | | facilitate
any violation of this Act;
| 17 | | (6) all real property, including any right, title, and | 18 | | interest
(including, but not limited to, any leasehold | 19 | | interest or the beneficial
interest in a land trust) in the | 20 | | whole of any lot or tract of land and any
appurtenances or | 21 | | improvements, which is used or intended to be used, in any
| 22 | | manner or part, to commit, or in any manner to facilitate | 23 | | the commission
of, any violation or act that constitutes a | 24 | | violation of Section 401 or 405
of this Act or that is the | 25 | | proceeds of any violation or act that
constitutes a | 26 | | violation of Section 401 or 405 of this Act.
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| 1 | | (b) Property subject to forfeiture under this Act may be | 2 | | seized by the
Director or any peace officer upon process or | 3 | | seizure warrant issued by
any court having jurisdiction over | 4 | | the property. Seizure by the Director
or any peace officer | 5 | | without process may be made:
| 6 | | (1) if the seizure is incident to inspection under an | 7 | | administrative
inspection warrant;
| 8 | | (2) if the property subject to seizure has been the | 9 | | subject of a prior
judgment in favor of the State in a | 10 | | criminal proceeding, or in an injunction
or forfeiture | 11 | | proceeding based upon this Act or the Drug Asset Forfeiture
| 12 | | Procedure Act;
| 13 | | (3) if there is probable cause to believe that the | 14 | | property is directly
or indirectly dangerous to health or | 15 | | safety;
| 16 | | (4) if there is probable cause to believe that the | 17 | | property is subject
to forfeiture under this Act and the | 18 | | property is seized under
circumstances in which a | 19 | | warrantless seizure or arrest would be reasonable; or
| 20 | | (5) in accordance with the Code of Criminal Procedure | 21 | | of 1963.
| 22 | | (c) In the event of seizure pursuant to subsection (b), | 23 | | notice shall be given forthwith to all known interest holders | 24 | | that forfeiture
proceedings, including a preliminary review, | 25 | | shall be instituted in accordance with the Drug
Asset | 26 | | Forfeiture Procedure Act and such proceedings shall thereafter |
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| 1 | | be instituted in accordance with that Act. Upon a showing of | 2 | | good cause, the notice required for a preliminary review under | 3 | | this Section may be postponed.
| 4 | | (d) Property taken or detained under this Section shall not | 5 | | be subject
to replevin, but is deemed to be in the custody of | 6 | | the Director subject
only to the order and judgments of the | 7 | | circuit court having jurisdiction over
the forfeiture | 8 | | proceedings and the decisions of the State's Attorney
under the | 9 | | Drug Asset Forfeiture Procedure Act. When property is seized
| 10 | | under this Act, the seizing agency shall promptly conduct an | 11 | | inventory of
the seized property and estimate the property's | 12 | | value, and shall forward a
copy of the inventory of seized | 13 | | property and the estimate of the property's
value to the | 14 | | Director. Upon receiving notice of seizure, the Director may:
| 15 | | (1) place the property under seal;
| 16 | | (2) remove the property to a place designated by the | 17 | | Director;
| 18 | | (3) keep the property in the possession of the seizing | 19 | | agency;
| 20 | | (4) remove the property to a storage area for | 21 | | safekeeping or, if the
property is a negotiable instrument | 22 | | or money and is not needed for
evidentiary purposes, | 23 | | deposit it in an interest bearing account;
| 24 | | (5) place the property under constructive seizure by | 25 | | posting notice of
pending forfeiture on it, by giving | 26 | | notice of pending forfeiture to its
owners and interest |
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| 1 | | holders, or by filing notice of pending forfeiture in
any | 2 | | appropriate public record relating to the property; or
| 3 | | (6) provide for another agency or custodian, including | 4 | | an owner, secured
party, or lienholder, to take custody of | 5 | | the property upon the terms and
conditions set by the | 6 | | Director.
| 7 | | (e) If the Department of Financial and Professional | 8 | | Regulation suspends or revokes
a registration, all controlled | 9 | | substances owned or possessed by the
registrant at the time of | 10 | | suspension or the effective date of the
revocation order may be | 11 | | placed under seal by the Director. No disposition may be made | 12 | | of
substances under seal until the time for taking an appeal | 13 | | has elapsed or
until all appeals have been concluded unless a | 14 | | court, upon application
therefor, orders the sale of perishable | 15 | | substances and the deposit of the
proceeds of the sale with the | 16 | | court. Upon a suspension or revocation order becoming final,
| 17 | | all substances may be forfeited to the Illinois State Police.
| 18 | | (f) When property is forfeited under this Act the Director | 19 | | shall
sell all such property unless such property is required | 20 | | by law to be
destroyed or is harmful to the public, and shall | 21 | | distribute the proceeds of
the sale, together with any moneys | 22 | | forfeited or seized, in accordance
with subsection (g). | 23 | | However, upon the application of the seizing agency or
| 24 | | prosecutor who was responsible for the investigation, arrest or | 25 | | arrests and
prosecution which lead to the forfeiture, the | 26 | | Director may return any item
of forfeited property to the |
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| 1 | | seizing agency or prosecutor for official use
in the | 2 | | enforcement of laws relating to cannabis or controlled | 3 | | substances,
if the agency or prosecutor can demonstrate that | 4 | | the item requested would
be useful to the agency or prosecutor | 5 | | in their enforcement efforts. When any forfeited conveyance, | 6 | | including an aircraft, vehicle, or vessel, is returned to the | 7 | | seizing agency or prosecutor, the conveyance may be used | 8 | | immediately in the enforcement of the criminal laws of this | 9 | | State. Upon disposal, all proceeds from the sale of the | 10 | | conveyance must be used for drug enforcement purposes. When
any | 11 | | real property returned to the seizing agency is sold by the | 12 | | agency or
its unit of government, the proceeds of the sale | 13 | | shall be delivered to the
Director and distributed in | 14 | | accordance with subsection (g).
| 15 | | (g) All monies and the sale proceeds of all other property | 16 | | forfeited and
seized under this Act shall be distributed as | 17 | | follows:
| 18 | | (1)(i) 65% shall be distributed to the metropolitan | 19 | | enforcement group,
local, municipal, county, or state law | 20 | | enforcement agency or agencies which
conducted or | 21 | | participated in the investigation resulting in the | 22 | | forfeiture.
The distribution shall bear a reasonable | 23 | | relationship to the degree of
direct participation of the | 24 | | law enforcement agency in the effort resulting
in the | 25 | | forfeiture, taking into account the total value of the | 26 | | property
forfeited and the total law enforcement effort |
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| 1 | | with respect to the
violation of the law upon which the | 2 | | forfeiture is based.
Amounts distributed to the agency or | 3 | | agencies shall be used for the
enforcement of laws | 4 | | governing cannabis and controlled substances ; for public | 5 | | education in the community or schools in the
prevention or | 6 | | detection of the abuse of drugs or
alcohol ; or for security | 7 | | cameras used for the prevention or detection of violence, | 8 | | except that
amounts distributed to the Secretary of State | 9 | | shall be deposited into the
Secretary of State Evidence | 10 | | Fund to be used as provided in Section 2-115 of the
| 11 | | Illinois Vehicle Code.
| 12 | | (ii) Any local, municipal, or county law enforcement | 13 | | agency entitled to receive a monetary distribution of | 14 | | forfeiture proceeds may share those forfeiture proceeds | 15 | | pursuant to the terms of an intergovernmental agreement | 16 | | with a municipality that has a population in excess of | 17 | | 20,000 if: | 18 | | (I) the receiving agency has entered into an | 19 | | intergovernmental agreement with the municipality to | 20 | | provide police services; | 21 | | (II) the intergovernmental agreement for police | 22 | | services provides for consideration in an amount of not | 23 | | less than $1,000,000 per year; | 24 | | (III) the seizure took place within the | 25 | | geographical limits of the municipality; and | 26 | | (IV) the funds are used only for the enforcement
of |
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| 1 | | laws governing cannabis and controlled substances ; for | 2 | | public education in the community or schools in the
| 3 | | prevention or detection of the abuse of drugs or
| 4 | | alcohol ; or
for security cameras used for the | 5 | | prevention or detection
of violence or the | 6 | | establishment of a municipal police
force, including | 7 | | the training of officers, construction of
a police | 8 | | station, the purchase of law enforcement
equipment, or | 9 | | vehicles.
| 10 | | (2)(i) 12.5% shall be distributed to the Office of the | 11 | | State's
Attorney of the county in which the prosecution | 12 | | resulting in the forfeiture
was instituted, deposited in a | 13 | | special fund in the county treasury and
appropriated to the | 14 | | State's Attorney for use in the enforcement of laws
| 15 | | governing cannabis and controlled substances ; for public | 16 | | education in the community or schools in the
prevention or | 17 | | detection of the abuse of drugs or
alcohol; , or at the | 18 | | discretion of the State's Attorney, in addition to other | 19 | | authorized purposes, to make grants to local substance | 20 | | abuse treatment facilities and half-way houses. In | 21 | | counties over 3,000,000
population, 25% will be | 22 | | distributed to the Office of the State's Attorney for
use | 23 | | in the
enforcement of laws governing cannabis and | 24 | | controlled substances ; for public education in the | 25 | | community or schools in the
prevention or detection of the | 26 | | abuse of drugs or
alcohol; , or at the discretion of the |
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| 1 | | State's Attorney, in addition to other authorized | 2 | | purposes, to make grants to local substance abuse treatment | 3 | | facilities and half-way houses. If the
prosecution is | 4 | | undertaken solely by the Attorney General, the portion
| 5 | | provided hereunder shall be distributed to the Attorney | 6 | | General for use in
the enforcement of laws governing | 7 | | cannabis and controlled substances or
for public education | 8 | | in the community or schools in the
prevention or detection | 9 | | of the abuse of drugs or
alcohol .
| 10 | | (ii) 12.5% shall be distributed to the Office of the | 11 | | State's Attorneys
Appellate Prosecutor and deposited in | 12 | | the Narcotics Profit Forfeiture Fund
of that office to be | 13 | | used for additional expenses incurred in the
| 14 | | investigation, prosecution and appeal of cases arising | 15 | | under laws governing
cannabis and controlled substances or
| 16 | | for public education in the community or schools in the
| 17 | | prevention or detection of the abuse of drugs or
alcohol . | 18 | | The Office of the State's Attorneys
Appellate Prosecutor | 19 | | shall not receive distribution from cases brought in
| 20 | | counties with over 3,000,000 population.
| 21 | | (3) 10% shall be retained by the Department of State | 22 | | Police for expenses
related to the administration and sale | 23 | | of seized and forfeited property.
| 24 | | (h) Species of plants from which controlled substances in | 25 | | Schedules I
and II may be derived which have been planted or | 26 | | cultivated in violation of
this Act, or of which the owners or |
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| 1 | | cultivators are unknown, or which are
wild growths, may be | 2 | | seized and summarily forfeited to the State. The
failure, upon | 3 | | demand by the Director or any peace officer, of the person in
| 4 | | occupancy or in control of land or premises upon which the | 5 | | species of
plants are growing or being stored, to produce | 6 | | registration, or proof that
he or she is the holder thereof, | 7 | | constitutes authority for the seizure and
forfeiture of the | 8 | | plants.
| 9 | | (Source: P.A. 97-253, eff. 1-1-12; 97-334, eff. 1-1-12; 97-544, | 10 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-985, eff. 1-1-13.)
| 11 | | Section 15. The Methamphetamine Control and Community | 12 | | Protection Act is amended by changing Section 85 as follows: | 13 | | (720 ILCS 646/85)
| 14 | | Sec. 85. Forfeiture. | 15 | | (a) The following are subject to forfeiture:
| 16 | | (1) all substances containing methamphetamine which | 17 | | have
been produced, manufactured, delivered, or possessed | 18 | | in violation of this Act;
| 19 | | (2) all methamphetamine manufacturing materials which | 20 | | have
been produced, delivered, or possessed in connection | 21 | | with any substance containing methamphetamine in violation | 22 | | of this Act;
| 23 | | (3) all conveyances, including aircraft, vehicles or
| 24 | | vessels, which are used, or intended for use, to transport, |
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| 1 | | or in any manner to facilitate the transportation, sale, | 2 | | receipt, possession, or concealment of property described | 3 | | in paragraph (1) or (2) that constitutes a felony violation | 4 | | of the Act, but:
| 5 | | (i) no conveyance used by any person as a common
| 6 | | carrier in the transaction of business as a common | 7 | | carrier is subject to forfeiture under this Section | 8 | | unless it appears that the owner or other person in | 9 | | charge of the conveyance is a consenting party or privy | 10 | | to a violation of this Act;
| 11 | | (ii) no conveyance is subject to forfeiture
under | 12 | | this Section by reason of any act or omission which the | 13 | | owner proves to have been committed or omitted without | 14 | | his or her knowledge or consent;
| 15 | | (iii) a forfeiture of a conveyance encumbered by
a | 16 | | bona fide security interest is subject to the interest | 17 | | of the secured party if he or she neither had knowledge | 18 | | of nor consented to the act or omission;
| 19 | | (4) all money, things of value, books, records, and
| 20 | | research products and materials including formulas, | 21 | | microfilm, tapes, and data which are used, or intended for | 22 | | use in a felony violation of this Act;
| 23 | | (5) everything of value furnished or intended to be
| 24 | | furnished by any person in exchange for a substance in | 25 | | violation of this Act, all proceeds traceable to such an | 26 | | exchange, and all moneys, negotiable instruments, and |
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| 1 | | securities used, or intended to be used, to commit or in | 2 | | any manner to facilitate any felony violation of this Act.
| 3 | | (6) all real property, including any right, title, and | 4 | | interest (including, but not limited to, any leasehold | 5 | | interest or the beneficial interest in a land trust) in the | 6 | | whole of any lot or tract of land and any appurtenances or | 7 | | improvements, which is used, or intended to be used, in any | 8 | | manner or part, to commit, or in any manner to facilitate | 9 | | the commission of, any violation or act that constitutes a | 10 | | violation of this Act or that is the proceeds of any | 11 | | violation or act that constitutes a violation of this Act.
| 12 | | (b) Property subject to forfeiture under this Act may be | 13 | | seized by the Director or any peace officer upon process or | 14 | | seizure warrant issued by any court having jurisdiction over | 15 | | the property. Seizure by the Director or any peace officer | 16 | | without process may be made:
| 17 | | (1) if the property subject to seizure has been the
| 18 | | subject of a prior judgment in favor of the State in a | 19 | | criminal proceeding or in an injunction or forfeiture | 20 | | proceeding based upon this Act or the Drug Asset Forfeiture | 21 | | Procedure Act;
| 22 | | (2) if there is probable cause to believe that the
| 23 | | property is directly or indirectly dangerous to health or | 24 | | safety;
| 25 | | (3) if there is probable cause to believe that the
| 26 | | property is subject to forfeiture under this Act and the |
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| 1 | | property is seized under circumstances in which a | 2 | | warrantless seizure or arrest would be reasonable; or
| 3 | | (4) in accordance with the Code of Criminal
Procedure | 4 | | of 1963.
| 5 | | (c) In the event of seizure pursuant to subsection (b), | 6 | | notice shall be given forthwith to all known interest holders | 7 | | that forfeiture proceedings, including a preliminary review, | 8 | | shall be instituted in accordance with the Drug Asset | 9 | | Forfeiture Procedure Act and such proceedings shall thereafter | 10 | | be instituted in accordance with that Act. Upon a showing of | 11 | | good cause, the notice required for a preliminary review under | 12 | | this Section may be postponed.
| 13 | | (d) Property taken or detained under this Section is not | 14 | | subject to replevin, but is deemed to be in the custody of the | 15 | | Director subject only to the order and judgments of the circuit | 16 | | court having jurisdiction over the forfeiture proceedings and | 17 | | the decisions of the State's Attorney under the Drug Asset | 18 | | Forfeiture Procedure Act. When property is seized under this | 19 | | Act, the seizing agency shall promptly conduct an inventory of | 20 | | the seized property, estimate the property's value, and forward | 21 | | a copy of the inventory of seized property and the estimate of | 22 | | the property's value to the Director. Upon receiving notice of | 23 | | seizure, the Director may:
| 24 | | (1) place the property under seal;
| 25 | | (2) remove the property to a place designated by him or | 26 | | her;
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| 1 | | (3) keep the property in the possession of the
seizing | 2 | | agency;
| 3 | | (4) remove the property to a storage area for
| 4 | | safekeeping or, if the property is a negotiable instrument | 5 | | or money and is not needed for evidentiary purposes, | 6 | | deposit it in an interest bearing account;
| 7 | | (5) place the property under constructive seizure by
| 8 | | posting notice of pending forfeiture on it, by giving | 9 | | notice of pending forfeiture to its owners and interest | 10 | | holders, or by filing notice of pending forfeiture in any | 11 | | appropriate public record relating to the property; or
| 12 | | (6) provide for another agency or custodian,
including | 13 | | an owner, secured party, or lienholder, to take custody of | 14 | | the property upon the terms and conditions set by the | 15 | | Director.
| 16 | | (e) No disposition may be made of property under seal until | 17 | | the time for taking an appeal has elapsed or until all appeals | 18 | | have been concluded unless a court, upon application therefor, | 19 | | orders the sale of perishable substances and the deposit of the | 20 | | proceeds of the sale with the court.
| 21 | | (f) When property is forfeited under this Act, the Director | 22 | | shall sell the property unless the property is required by law | 23 | | to be destroyed or is harmful to the public, and shall | 24 | | distribute the proceeds of the sale, together with any moneys | 25 | | forfeited or seized, in accordance with subsection (g). | 26 | | However, upon the application of the seizing agency or |
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| 1 | | prosecutor who was responsible for the investigation, arrest or | 2 | | arrests and prosecution which lead to the forfeiture, the | 3 | | Director may return any item of forfeited property to the | 4 | | seizing agency or prosecutor for official use in the | 5 | | enforcement of laws relating to methamphetamine, cannabis, or | 6 | | controlled substances, if the agency or prosecutor | 7 | | demonstrates that the item requested would be useful to the | 8 | | agency or prosecutor in their enforcement efforts. When any | 9 | | forfeited conveyance, including an aircraft, vehicle, or | 10 | | vessel, is returned to the seizing agency or prosecutor, the | 11 | | conveyance may be used immediately in the enforcement of the | 12 | | criminal laws of this State. Upon disposal, all proceeds from | 13 | | the sale of the conveyance must be used for drug enforcement | 14 | | purposes. When any real property returned to the seizing agency | 15 | | is sold by the agency or its unit of government, the proceeds | 16 | | of the sale shall be delivered to the Director and distributed | 17 | | in accordance with subsection (g).
| 18 | | (g) All moneys and the sale proceeds of all other property | 19 | | forfeited and seized under this Act shall be distributed as | 20 | | follows:
| 21 | | (1)(i) 65% shall be distributed to the metropolitan
| 22 | | enforcement group, local, municipal, county, or State law | 23 | | enforcement agency or agencies which conducted or | 24 | | participated in the investigation resulting in the | 25 | | forfeiture. The distribution shall bear a reasonable | 26 | | relationship to the degree of direct participation of the |
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| 1 | | law enforcement agency in the effort resulting in the | 2 | | forfeiture, taking into account the total value of the | 3 | | property forfeited and the total law enforcement effort | 4 | | with respect to the violation of the law upon which the | 5 | | forfeiture is based. Amounts distributed to the agency or | 6 | | agencies shall be used for the enforcement of laws | 7 | | governing methamphetamine, cannabis, and controlled | 8 | | substances ; for public education in the community or | 9 | | schools in the
prevention or detection of the abuse of | 10 | | drugs or
alcohol; or for security cameras used for the | 11 | | prevention or detection of violence, except that amounts | 12 | | distributed to the Secretary of State shall be deposited | 13 | | into the Secretary of State Evidence Fund to be used as | 14 | | provided in Section 2-115 of the Illinois Vehicle Code.
| 15 | | (ii) Any local, municipal, or county law enforcement | 16 | | agency entitled to receive a monetary distribution of | 17 | | forfeiture proceeds may share those forfeiture proceeds | 18 | | pursuant to the terms of an intergovernmental agreement | 19 | | with a municipality that has a population in excess of | 20 | | 20,000 if: | 21 | | (I) the receiving agency has entered into an | 22 | | intergovernmental agreement with the municipality to | 23 | | provide police services; | 24 | | (II) the intergovernmental agreement for police | 25 | | services provides for consideration in an amount of not | 26 | | less than $1,000,000 per year; |
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| 1 | | (III) the seizure took place within the | 2 | | geographical limits of the municipality; and | 3 | | (IV) the funds are used only for the enforcement
of | 4 | | laws governing cannabis and controlled substances ; for | 5 | | public education in the community or schools in the
| 6 | | prevention or detection of the abuse of drugs or
| 7 | | alcohol; or
for security cameras used for the | 8 | | prevention or detection
of violence or the | 9 | | establishment of a municipal police
force, including | 10 | | the training of officers, construction of
a police | 11 | | station, the purchase of law enforcement
equipment, or | 12 | | vehicles. | 13 | | (2)(i) 12.5% shall be distributed to the Office of
the | 14 | | State's Attorney of the county in which the prosecution | 15 | | resulting in the forfeiture was instituted, deposited in a | 16 | | special fund in the county treasury and appropriated to the | 17 | | State's Attorney for use in the enforcement of laws | 18 | | governing methamphetamine, cannabis, and controlled | 19 | | substances ; for public education in the community or | 20 | | schools in the
prevention or detection of the abuse of | 21 | | drugs or
alcohol; , or at the discretion of the State's | 22 | | Attorney, in addition to other authorized purposes, to make | 23 | | grants to local substance abuse treatment facilities and | 24 | | half-way houses. In counties with a population over | 25 | | 3,000,000, 25% shall be distributed to the Office of the | 26 | | State's Attorney for use in the enforcement of laws |
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| 1 | | governing methamphetamine, cannabis, and controlled | 2 | | substances ; for public education in the community or | 3 | | schools in the
prevention or detection of the abuse of | 4 | | drugs or
alcohol; , or at the discretion of the State's | 5 | | Attorney, in addition to other authorized purposes, to make | 6 | | grants to local substance abuse treatment facilities and | 7 | | half-way houses. If the prosecution is undertaken solely by | 8 | | the Attorney General, the portion provided hereunder shall | 9 | | be distributed to the Attorney General for use in the | 10 | | enforcement of laws governing methamphetamine, cannabis, | 11 | | and controlled substances or for public education in the | 12 | | community or schools in the
prevention or detection of the | 13 | | abuse of drugs or
alcohol .
| 14 | | (ii) 12.5% shall be distributed to the Office of
the | 15 | | State's Attorneys Appellate Prosecutor and deposited in | 16 | | the Narcotics Profit Forfeiture Fund of that Office to be | 17 | | used for additional expenses incurred in the | 18 | | investigation, prosecution and appeal of cases arising | 19 | | under laws governing methamphetamine, cannabis, and | 20 | | controlled substances or for public education in the | 21 | | community or schools in the
prevention or detection of the | 22 | | abuse of drugs or
alcohol . The Office of the State's | 23 | | Attorneys Appellate Prosecutor shall not receive | 24 | | distribution from cases brought in counties with a | 25 | | population over 3,000,000.
| 26 | | (3) 10% shall be retained by the Department of State
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| 1 | | Police for expenses related to the administration and sale | 2 | | of seized and forfeited property.
| 3 | | (Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813, | 4 | | eff. 7-13-12; 97-985, eff. 1-1-13.) | 5 | | Section 20. The Narcotics Profit Forfeiture Act is amended | 6 | | by changing Section 5 as follows:
| 7 | | (725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
| 8 | | Sec. 5.
(a) A person who commits the offense of narcotics | 9 | | racketeering
shall:
| 10 | | (1) be guilty of a Class 1 felony; and
| 11 | | (2) be subject to a fine of up to $250,000.
| 12 | | A person who commits the offense of narcotics racketeering | 13 | | or
who violates Section 3 of the Drug Paraphernalia Control Act | 14 | | shall forfeit
to the State of Illinois: (A) any profits or | 15 | | proceeds and any property or
property interest he has acquired | 16 | | or maintained in violation of this Act or
Section 3 of the Drug | 17 | | Paraphernalia Control Act or has used to facilitate a
violation | 18 | | of this Act that the court determines, after a forfeiture
| 19 | | hearing, under subsection (b) of this Section to have been | 20 | | acquired or
maintained as a result of narcotics racketeering or | 21 | | violating Section 3 of
the Drug Paraphernalia Control Act, or | 22 | | used to facilitate narcotics
racketeering; and (B) any interest | 23 | | in, security of, claim against, or
property or contractual | 24 | | right of any kind affording a source of influence
over, any |
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| 1 | | enterprise which he has established, operated, controlled,
| 2 | | conducted, or participated in the conduct of, in violation of | 3 | | this Act or
Section 3 of the Drug Paraphernalia Control Act, | 4 | | that the court determines,
after a forfeiture hearing, under | 5 | | subsection (b) of this Section
to have been acquired or | 6 | | maintained as a result of narcotics racketeering
or violating | 7 | | Section 3 of the
Drug Paraphernalia Control Act or used to | 8 | | facilitate narcotics racketeering.
| 9 | | (b) The court shall, upon petition by the Attorney General | 10 | | or State's
Attorney, at any time subsequent to the filing of an | 11 | | information or return
of an indictment, conduct a hearing to | 12 | | determine whether any property or
property interest is subject | 13 | | to forfeiture under this Act. At the
forfeiture hearing the | 14 | | people shall have the burden of establishing, by a
| 15 | | preponderance of the evidence, that property or property | 16 | | interests are
subject to forfeiture under this Act. There is a | 17 | | rebuttable presumption at
such hearing that any property or | 18 | | property interest of a person charged by
information or | 19 | | indictment with narcotics racketeering or who is convicted
of a | 20 | | violation of Section 3 of the Drug Paraphernalia Control Act is
| 21 | | subject to forfeiture under this Section if the State | 22 | | establishes by a
preponderance of the evidence that:
| 23 | | (1) such property or property interest was acquired by | 24 | | such person
during the period of the violation of this Act | 25 | | or Section 3 of the Drug
Paraphernalia Control Act or | 26 | | within a reasonable time
after such period; and
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| 1 | | (2) there was no likely source for such property or | 2 | | property interest
other than the violation of this Act or | 3 | | Section 3 of the Drug
Paraphernalia Control Act.
| 4 | | (c) In an action brought by the People of the State of | 5 | | Illinois under
this Act, wherein any restraining order, | 6 | | injunction or prohibition or
any other action in connection | 7 | | with any property or property interest
subject to forfeiture | 8 | | under this Act is sought, the circuit court which
shall preside | 9 | | over the trial of the person or persons charged with
narcotics | 10 | | racketeering as defined in Section 4 of this Act or violating
| 11 | | Section 3 of the Drug Paraphernalia Control Act shall first | 12 | | determine
whether there is probable cause to believe that the | 13 | | person or persons so
charged has committed the offense of | 14 | | narcotics racketeering as defined in
Section 4 of this Act or a | 15 | | violation of Section 3 of the Drug Paraphernalia
Control Act | 16 | | and whether the property or property interest is subject to
| 17 | | forfeiture pursuant to this Act.
| 18 | | In order to make such a determination,
prior to entering | 19 | | any such order, the court shall conduct a hearing without
a | 20 | | jury, wherein the People shall establish that there is: (i) | 21 | | probable
cause that the person or persons so charged have | 22 | | committed the offense of
narcotics racketeering or violating | 23 | | Section 3 of the Drug Paraphernalia
Control Act and (ii) | 24 | | probable cause that any
property or property interest may be | 25 | | subject to forfeiture
pursuant to this Act. Such hearing may be | 26 | | conducted simultaneously with a
preliminary hearing, if the |
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| 1 | | prosecution is commenced by information or
complaint, or by | 2 | | motion of the People, at any stage in the proceedings.
The | 3 | | court may accept a finding of probable cause at a preliminary | 4 | | hearing
following the filing of an information charging the | 5 | | offense
of narcotics racketeering as defined in Section 4 of | 6 | | this Act or the return of
an indictment by a grand jury | 7 | | charging the offense of narcotics
racketeering as defined in | 8 | | Section 4 of this Act or after a charge is
filed for violating | 9 | | Section 3 of the Drug Paraphernalia Control Act as
sufficient | 10 | | evidence of probable cause as provided in item (i) above.
| 11 | | Upon such a finding, the circuit court shall enter such | 12 | | restraining
order, injunction or prohibition, or shall take | 13 | | such other action in connection
with any such property or | 14 | | property interest subject to forfeiture under this
Act, as is | 15 | | necessary to insure that such property is not removed from the
| 16 | | jurisdiction of the court, concealed, destroyed or otherwise | 17 | | disposed of by
the owner of that property or property interest | 18 | | prior to a forfeiture
hearing under subsection (b) of this | 19 | | Section. The Attorney General or
State's Attorney shall file a | 20 | | certified copy of
such restraining order, injunction or other | 21 | | prohibition with the recorder
of deeds or registrar of titles | 22 | | of each county where any such property of
the defendant may be | 23 | | located. No such injunction, restraining order or
other | 24 | | prohibition shall affect the rights of any bona fide purchaser,
| 25 | | mortgagee, judgment creditor or other lien holder arising prior | 26 | | to the date
of such filing.
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| 1 | | The court may, at any
time, upon verified petition by the | 2 | | defendant, conduct a hearing to release
all or portions of any | 3 | | such property or interest which the court
previously determined | 4 | | to be subject to forfeiture or subject to any
restraining | 5 | | order, injunction, or prohibition or other action. The
court | 6 | | may release such property to the defendant for good cause shown | 7 | | and
within the sound discretion of the court.
| 8 | | (d) Prosecution under this Act may be commenced by the | 9 | | Attorney General
or a State's Attorney.
| 10 | | (e) Upon an order of forfeiture being entered pursuant to | 11 | | subsection
(b) of this Section, the
court shall authorize the | 12 | | Attorney General to seize any property or property
interest | 13 | | declared forfeited under this Act and under such terms and | 14 | | conditions
as the court shall deem proper.
Any property or | 15 | | property interest that has been the subject of an
entered | 16 | | restraining order, injunction or prohibition or any other | 17 | | action
filed under subsection (c) shall be forfeited unless the | 18 | | claimant can show
by a preponderance of the evidence that the | 19 | | property or property interest
has not been acquired or | 20 | | maintained as a result of narcotics racketeering
or has not | 21 | | been used to facilitate narcotics racketeering.
| 22 | | (f) The Attorney General or his designee is authorized to | 23 | | sell all property forfeited
and seized pursuant to this Act, | 24 | | unless such property is required by law
to be destroyed or is | 25 | | harmful to the public, and, after the deduction of
all | 26 | | requisite expenses of administration and sale, shall |
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| 1 | | distribute the
proceeds of such sale, along with any moneys | 2 | | forfeited or seized, in accordance
with subsection (g) or (h), | 3 | | whichever is applicable.
| 4 | | (g) All monies and the sale proceeds of all other property | 5 | | forfeited and
seized pursuant to this Act shall be distributed | 6 | | as follows:
| 7 | | (1) An amount equal to 50% shall be distributed to the | 8 | | unit of
local government whose
officers or employees | 9 | | conducted the investigation into narcotics
racketeering | 10 | | and caused the arrest or arrests and prosecution leading to
| 11 | | the forfeiture. Amounts distributed to units of local | 12 | | government shall be
used for enforcement of laws governing | 13 | | narcotics activity or for public education in the community | 14 | | or schools in the
prevention or detection of the abuse of | 15 | | drugs or
alcohol . In the event,
however, that the | 16 | | investigation, arrest or arrests and prosecution leading
| 17 | | to the forfeiture
were undertaken solely by a State agency, | 18 | | the portion provided hereunder
shall be paid into the Drug | 19 | | Traffic Prevention Fund in the State treasury
to be used | 20 | | for enforcement of laws governing narcotics activity.
| 21 | | (2) An amount equal to 12.5% shall be distributed to | 22 | | the
county in which the prosecution resulting in the | 23 | | forfeiture was instituted,
deposited in a special fund in | 24 | | the county treasury and appropriated to the
State's | 25 | | Attorney for use in the enforcement of laws governing | 26 | | narcotics
activity or for public education in the community |
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| 1 | | or schools in the
prevention or detection of the abuse of | 2 | | drugs or
alcohol .
| 3 | | An amount equal to 12.5% shall be distributed to the | 4 | | Office
of the State's Attorneys Appellate Prosecutor and | 5 | | deposited in the
Narcotics Profit Forfeiture Fund, which is | 6 | | hereby created in the State
treasury, to be used by the | 7 | | Office of the State's Attorneys Appellate
Prosecutor for | 8 | | additional expenses incurred in prosecuting appeals | 9 | | arising
under this Act. Any amounts remaining in the Fund | 10 | | after all additional
expenses have been paid shall be used | 11 | | by the Office to reduce the
participating county | 12 | | contributions to the Office on a pro-rated basis as
| 13 | | determined by the
board of governors of the Office of the | 14 | | State's Attorneys Appellate
Prosecutor based on the | 15 | | populations of the participating counties.
| 16 | | (3) An amount equal to 25% shall be paid into the Drug | 17 | | Traffic
Prevention Fund in the State
treasury to be used by | 18 | | the Department of State Police for funding Metropolitan
| 19 | | Enforcement Groups created pursuant to the | 20 | | Intergovernmental Drug Laws Enforcement
Act. Any amounts | 21 | | remaining in the Fund after full funding of Metropolitan
| 22 | | Enforcement Groups shall be used for enforcement, by the | 23 | | State or any unit
of local government, of laws governing | 24 | | narcotics activity or for public education in the community | 25 | | or schools in the
prevention or detection of the abuse of | 26 | | drugs or
alcohol .
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| 1 | | (h) Where the investigation or indictment for the offense | 2 | | of narcotics
racketeering or a violation of Section 3 of the | 3 | | Drug Paraphernalia Control
Act has occurred under the | 4 | | provisions of the Statewide Grand Jury Act, all
monies and the | 5 | | sale proceeds of all other property shall be distributed as | 6 | | follows:
| 7 | | (1) 60% shall be distributed to the metropolitan | 8 | | enforcement group,
local, municipal, county, or State law | 9 | | enforcement agency or agencies which
conducted or | 10 | | participated in the investigation resulting in the | 11 | | forfeiture.
The distribution shall bear a reasonable | 12 | | relationship to the degree of
direct participation of the | 13 | | law enforcement agency in the effort resulting
in the | 14 | | forfeiture, taking into account the total value of the | 15 | | property
forfeited and the total law enforcement effort | 16 | | with respect to the
violation of the law on which the | 17 | | forfeiture is based. Amounts distributed
to the agency or | 18 | | agencies shall be used for the enforcement of laws
| 19 | | governing cannabis and controlled substances or for public | 20 | | education in the community or schools in the
prevention or | 21 | | detection of the abuse of drugs or
alcohol .
| 22 | | (2) 25% shall be distributed by the Attorney General as | 23 | | grants to
drug education, treatment and prevention | 24 | | programs licensed or approved by the Department of Human | 25 | | Services. In making these grants, the Attorney General | 26 | | shall take
into account the plans and service priorities |
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| 1 | | of, and the needs identified
by, the Department of Human | 2 | | Services.
| 3 | | (3) 15% shall be distributed to the Attorney General | 4 | | and the State's
Attorney, if any, participating in the | 5 | | prosecution resulting in the
forfeiture. The distribution | 6 | | shall bear a reasonable relationship to the
degree of | 7 | | direct participation in the prosecution of the offense, | 8 | | taking
into account the total value of the property | 9 | | forfeited and the total amount
of time spent in preparing | 10 | | and presenting the case, the complexity of the
case and | 11 | | other similar factors. Amounts distributed to the Attorney
| 12 | | General under this paragraph shall be retained in a fund | 13 | | held by the State
Treasurer as ex-officio custodian to be | 14 | | designated as the Statewide Grand
Jury Prosecution Fund and | 15 | | paid out upon the direction of the Attorney
General for | 16 | | expenses incurred in criminal prosecutions arising under | 17 | | the
Statewide Grand Jury Act. Amounts distributed to a | 18 | | State's Attorney shall
be deposited in a special fund in | 19 | | the county treasury and appropriated to
the State's | 20 | | Attorney for use in the enforcement of laws governing | 21 | | narcotics activity or for public education in the community | 22 | | or schools in the
prevention or detection of the abuse of | 23 | | drugs or
alcohol .
| 24 | | (i) All monies deposited pursuant to this Act in the Drug | 25 | | Traffic Prevention
Fund established under Section 5-9-1.2 of | 26 | | the Unified Code of Corrections
are appropriated, on a |
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| 1 | | continuing basis, to the Department of State Police
to be used | 2 | | for funding Metropolitan Enforcement Groups created pursuant
| 3 | | to the Intergovernmental Drug Laws Enforcement Act or otherwise | 4 | | for the
enforcement of laws governing narcotics activity or for | 5 | | public education in the community or schools in the
prevention | 6 | | or detection of the abuse of drugs or
alcohol .
| 7 | | (Source: P.A. 89-507, eff. 7-1-97.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law. |
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