(725 ILCS 5/124B-920) Sec. 124B-920. Defendant precluded
from later denying the essential allegations of the offense. A defendant convicted in any criminal proceeding is precluded
from later denying the essential allegations of the criminal offense of
which the defendant was convicted in any proceeding under this Article
regardless of the pendency of an
appeal from that conviction. However, evidence of the pendency of an
appeal is admissible.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-925)
Sec. 124B-925. Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in an amount and upon terms that are set out in writing in a settlement agreement.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-930) Sec. 124B-930. Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney or Attorney General under this Article. (b) When property is forfeited under this Article, the Director of the Illinois State Police shall sell all such property and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B-935.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-935)
Sec. 124B-935. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 900 shall be distributed as follows: (1) 65% shall be distributed to the local, municipal, | ||
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(2) 12.5% shall be distributed to the Office of the | ||
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(3) 12.5% shall be distributed to the Illinois | ||
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(4) 10% shall be retained by the Illinois State | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-940)
Sec. 124B-940. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 900.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 1000 heading) Part 1000. Unlawful Telecommunications Device
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1000) Sec. 124B-1000. Persons and property subject to forfeiture. (a) A person who commits the offense of unlawful transfer of a telecommunications device to a minor in violation of Section 12C-65 or Article 44 of the Criminal Code of 2012 or the Criminal Code of 1961 shall forfeit any telecommunications device used in the commission of the offense or which constitutes evidence of the commission of such offense. (b) A person who commits an offense prohibited by the Criminal Code of 1961, the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or an offense involving a telecommunications device possessed by a person on the real property of any elementary or secondary school without authority of the school principal shall forfeit any telecommunications device used in the commission of the offense or which constitutes evidence of the commission of such offense. A person who is not a student of the particular elementary or secondary school, who is on school property as an invitee of the school, and who has possession of a telecommunications device for lawful and legitimate purposes, shall not need to obtain authority from the school principal to possess the telecommunications device on school property.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-1010) Sec. 124B-1010. Seizure. A telecommunications device subject to forfeiture may be seized and delivered forthwith to the investigating law enforcement agency. Such telecommunications device shall not be seized unless it was used in the commission of an offense specified in Section 124B-1000, or constitutes evidence of such an offense. Within 15 days after such delivery, the investigating law enforcement agency shall give notice of seizure to any known owners, lien holders and secured parties of such property. Within that 15 day period the investigating law enforcement agency shall also notify the State's Attorney of the county of seizure about the seizure.
(Source: P.A. 97-1109, eff. 1-1-13.) |