(35 ILCS 130/20) (from Ch. 120, par. 453.20)
Sec. 20. Whenever any peace officer of the State or any duly authorized
officer or employee of the Department shall have reason to believe that any
violation of this Act has occurred and that the person so violating the
Act has in his, her or its possession any original package of contraband cigarettes,
or any vending device
containing such original packages of contraband cigarettes, he may file or cause to be filed his complaint in
writing, verified by affidavit, with any court within whose jurisdiction
the premises to be searched are situated, stating the facts upon which such
belief is founded, the premises to be searched, and the property to be
seized, and procure a search warrant and execute the same. Upon the
execution of such search warrant, the peace officer, or officer or employee
of the Department, executing such search warrant shall make due return
thereof to the court issuing the same, together with an inventory of the
property taken thereunder. The court shall thereupon issue process against
the owner of such property if he is known; otherwise, such process shall be
issued against the person in whose possession the property so taken is
found, if such person is known. In case of inability to serve such process
upon the owner or the person in possession of the property at the time of
its seizure, as hereinbefore provided, notice of the proceedings before the
court shall be given as required by the statutes of the State governing
cases of Attachment. Upon the return of the process duly served or upon the
posting or publishing of notice made, as hereinabove provided, the court or
jury, if a jury shall be demanded, shall proceed to determine whether or
not such property so seized was held or possessed in violation of this Act,
or whether, if a vending device has been so seized, it contained at the
time of its seizure original packages of contraband cigarettes. In case of a finding that the original packages
seized were contraband cigarettes, or that any vending device so seized contained at
the time of its seizure original packages of contraband cigarettes, judgment shall be entered
confiscating and forfeiting the property to the State and ordering its
delivery to the Department, and in addition thereto, the court shall have
power to tax and assess the costs of the proceedings.
When any original packages or any cigarette vending device shall have
been declared forfeited to the State by any court, as hereinbefore
provided, and when such confiscated and forfeited property shall have been
delivered to the Department, as provided in this Act, the said Department
shall destroy or maintain and use such property in an undercover capacity. The Department may, prior to any destruction of cigarettes, permit the true holder of the trademark rights in the cigarette brand to inspect such contraband cigarettes, in order to assist the Department in any investigation regarding such cigarettes.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
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