Full Text of HB5557 101st General Assembly
HB5557 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5557 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED: |
| |
Amends the Drug Asset Forfeiture Procedure Act. Provides that actual physical seizure of real property subject to forfeiture under the Act requires the issuance of a seizure warrant and a criminal conviction (currently, only issuance of a seizure warrant).
|
| |
| | A BILL FOR |
|
| | | HB5557 | | LRB101 18226 RLC 67668 b |
|
| 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 Drug Asset Forfeiture Procedure Act is | 5 | | amended by changing Section 3.1 as follows: | 6 | | (725 ILCS 150/3.1) | 7 | | Sec. 3.1. Seizure. | 8 | | (a) Actual physical seizure of real property subject to | 9 | | forfeiture under this Act requires the issuance of a seizure | 10 | | warrant and a criminal conviction . Nothing in this Section | 11 | | prohibits the constructive seizure of real property through the | 12 | | filing of a complaint for forfeiture in circuit court and the | 13 | | recording of a lis pendens against the real property without a | 14 | | hearing, warrant application, or judicial approval. | 15 | | (b) Personal property subject to forfeiture under the | 16 | | Illinois Controlled Substances Act, the Cannabis Control Act, | 17 | | the Illinois Food, Drug and Cosmetic Act, or the | 18 | | Methamphetamine Control and Community Protection Act may be | 19 | | seized by the Director of State Police or any peace officer | 20 | | upon process or seizure warrant issued by any court having | 21 | | jurisdiction over the property. | 22 | | (c) Personal property subject to forfeiture under the | 23 | | Illinois Controlled Substances Act, the Cannabis Control Act, |
| | | HB5557 | - 2 - | LRB101 18226 RLC 67668 b |
|
| 1 | | the Illinois Food, Drug and Cosmetic Act, or the | 2 | | Methamphetamine Control and Community Protection Act may be | 3 | | seized by the Director of State Police or any peace officer | 4 | | without process: | 5 | | (1) if the seizure is incident to inspection under an | 6 | | administrative inspection warrant; | 7 | | (2) if the property subject to seizure has been the | 8 | | subject of a prior judgment in favor of the State in a | 9 | | criminal proceeding or in an injunction or forfeiture | 10 | | proceeding based upon this Act; | 11 | | (3) if there is probable cause to believe that the | 12 | | property is directly or indirectly dangerous to health or | 13 | | safety; | 14 | | (4) if there is probable cause to believe that the | 15 | | property is subject to forfeiture under the Illinois | 16 | | Controlled Substances Act, the Cannabis Control Act, the | 17 | | Illinois Food, Drug and Cosmetic Act, or the | 18 | | Methamphetamine Control and Community Protection Act, and | 19 | | the property is seized under circumstances in which a | 20 | | warrantless seizure or arrest would be reasonable; or | 21 | | (5) under the Code of Criminal Procedure of 1963. | 22 | | (d) If a conveyance is seized under this Act, an | 23 | | investigation shall be made by the law enforcement agency as to | 24 | | any person whose right, title, interest, or lien is of record | 25 | | in the office of the agency or official in which title to or | 26 | | interest in the conveyance is required by law to be recorded. |
| | | HB5557 | - 3 - | LRB101 18226 RLC 67668 b |
|
| 1 | | (e) After seizure under this Section, notice shall be given | 2 | | to all known interest holders that forfeiture proceedings, | 3 | | including a preliminary review, may be instituted and the | 4 | | proceedings may be instituted under this Act. Upon a showing of | 5 | | good cause related to an ongoing investigation, the notice | 6 | | required for a preliminary review under this Section may be | 7 | | postponed.
| 8 | | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
|
|