[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB1291
725 ILCS 175/5 from Ch. 56 1/2, par. 1655
Amends the Narcotics Profit Forfeiture Act. Deletes
provisions that distribute 12.5% of monies and the sale
proceeds of forfeited property to the county in which the
prosecution resulting in forfeiture was instituted and 12.5%
to the office of the State's Attorneys Appellate Prosecutor.
LRB9004791RCks
LRB9004791RCks
1 AN ACT to amend the Narcotics Profit Forfeiture Act by
2 changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Narcotics Profit Forfeiture Act is
6 amended by changing Section 5 as follows:
7 (725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 5. (a) A person who commits the offense of narcotics
10 racketeering shall:
11 (1) be guilty of a Class 1 felony; and
12 (2) be subject to a fine of up to $250,000.
13 A person who commits the offense of narcotics
14 racketeering or who violates Section 3 of the Drug
15 Paraphernalia Control Act shall forfeit to the State of
16 Illinois: (A) any profits or proceeds and any property or
17 property interest he has acquired or maintained in violation
18 of this Act or Section 3 of the Drug Paraphernalia Control
19 Act or has used to facilitate a violation of this Act that
20 the court determines, after a forfeiture hearing, under
21 subsection (b) of this Section to have been acquired or
22 maintained as a result of narcotics racketeering or violating
23 Section 3 of the Drug Paraphernalia Control Act, or used to
24 facilitate narcotics racketeering; and (B) any interest in,
25 security of, claim against, or property or contractual right
26 of any kind affording a source of influence over, any
27 enterprise which he has established, operated, controlled,
28 conducted, or participated in the conduct of, in violation of
29 this Act or Section 3 of the Drug Paraphernalia Control Act,
30 that the court determines, after a forfeiture hearing, under
31 subsection (b) of this Section to have been acquired or
-2- LRB9004791RCks
1 maintained as a result of narcotics racketeering or violating
2 Section 3 of the Drug Paraphernalia Control Act or used to
3 facilitate narcotics racketeering.
4 (b) The court shall, upon petition by the Attorney
5 General or State's Attorney, at any time subsequent to the
6 filing of an information or return of an indictment, conduct
7 a hearing to determine whether any property or property
8 interest is subject to forfeiture under this Act. At the
9 forfeiture hearing the people shall have the burden of
10 establishing, by a preponderance of the evidence, that
11 property or property interests are subject to forfeiture
12 under this Act. There is a rebuttable presumption at such
13 hearing that any property or property interest of a person
14 charged by information or indictment with narcotics
15 racketeering or who is convicted of a violation of Section 3
16 of the Drug Paraphernalia Control Act is subject to
17 forfeiture under this Section if the State establishes by a
18 preponderance of the evidence that:
19 (1) such property or property interest was acquired
20 by such person during the period of the violation of this
21 Act or Section 3 of the Drug Paraphernalia Control Act or
22 within a reasonable time after such period; and
23 (2) there was no likely source for such property or
24 property interest other than the violation of this Act or
25 Section 3 of the Drug Paraphernalia Control Act.
26 (c) In an action brought by the People of the State of
27 Illinois under this Act, wherein any restraining order,
28 injunction or prohibition or any other action in connection
29 with any property or property interest subject to forfeiture
30 under this Act is sought, the circuit court which shall
31 preside over the trial of the person or persons charged with
32 narcotics racketeering as defined in Section 4 of this Act or
33 violating Section 3 of the Drug Paraphernalia Control Act
34 shall first determine whether there is probable cause to
-3- LRB9004791RCks
1 believe that the person or persons so charged has committed
2 the offense of narcotics racketeering as defined in Section 4
3 of this Act or a violation of Section 3 of the Drug
4 Paraphernalia Control Act and whether the property or
5 property interest is subject to forfeiture pursuant to this
6 Act.
7 In order to make such a determination, prior to entering
8 any such order, the court shall conduct a hearing without a
9 jury, wherein the People shall establish that there is: (i)
10 probable cause that the person or persons so charged have
11 committed the offense of narcotics racketeering or violating
12 Section 3 of the Drug Paraphernalia Control Act and (ii)
13 probable cause that any property or property interest may be
14 subject to forfeiture pursuant to this Act. Such hearing may
15 be conducted simultaneously with a preliminary hearing, if
16 the prosecution is commenced by information or complaint, or
17 by motion of the People, at any stage in the proceedings.
18 The court may accept a finding of probable cause at a
19 preliminary hearing following the filing of an information
20 charging the offense of narcotics racketeering as defined in
21 Section 4 of this Act or the return of an indictment by a
22 grand jury charging the offense of narcotics racketeering as
23 defined in Section 4 of this Act or after a charge is filed
24 for violating Section 3 of the Drug Paraphernalia Control Act
25 as sufficient evidence of probable cause as provided in item
26 (i) above.
27 Upon such a finding, the circuit court shall enter such
28 restraining order, injunction or prohibition, or shall take
29 such other action in connection with any such property or
30 property interest subject to forfeiture under this Act, as is
31 necessary to insure that such property is not removed from
32 the jurisdiction of the court, concealed, destroyed or
33 otherwise disposed of by the owner of that property or
34 property interest prior to a forfeiture hearing under
-4- LRB9004791RCks
1 subsection (b) of this Section. The Attorney General or
2 State's Attorney shall file a certified copy of such
3 restraining order, injunction or other prohibition with the
4 recorder of deeds or registrar of titles of each county where
5 any such property of the defendant may be located. No such
6 injunction, restraining order or other prohibition shall
7 affect the rights of any bona fide purchaser, mortgagee,
8 judgment creditor or other lien holder arising prior to the
9 date of such filing.
10 The court may, at any time, upon verified petition by the
11 defendant, conduct a hearing to release all or portions of
12 any such property or interest which the court previously
13 determined to be subject to forfeiture or subject to any
14 restraining order, injunction, or prohibition or other
15 action. The court may release such property to the defendant
16 for good cause shown and within the sound discretion of the
17 court.
18 (d) Prosecution under this Act may be commenced by the
19 Attorney General or a State's Attorney.
20 (e) Upon an order of forfeiture being entered pursuant
21 to subsection (b) of this Section, the court shall authorize
22 the Attorney General to seize any property or property
23 interest declared forfeited under this Act and under such
24 terms and conditions as the court shall deem proper. Any
25 property or property interest that has been the subject of an
26 entered restraining order, injunction or prohibition or any
27 other action filed under subsection (c) shall be forfeited
28 unless the claimant can show by a preponderance of the
29 evidence that the property or property interest has not been
30 acquired or maintained as a result of narcotics racketeering
31 or has not been used to facilitate narcotics racketeering.
32 (f) The Attorney General or his designee is authorized
33 to sell all property forfeited and seized pursuant to this
34 Act, unless such property is required by law to be destroyed
-5- LRB9004791RCks
1 or is harmful to the public, and, after the deduction of all
2 requisite expenses of administration and sale, shall
3 distribute the proceeds of such sale, along with any moneys
4 forfeited or seized, in accordance with subsection (g) or
5 (h), whichever is applicable.
6 (g) All monies and the sale proceeds of all other
7 property forfeited and seized pursuant to this Act shall be
8 distributed as follows:
9 (1) An amount equal to 50% shall be distributed to
10 the unit of local government whose officers or employees
11 conducted the investigation into narcotics racketeering
12 and caused the arrest or arrests and prosecution leading
13 to the forfeiture. Amounts distributed to units of local
14 government shall be used for enforcement of laws
15 governing narcotics activity. In the event, however,
16 that the investigation, arrest or arrests and prosecution
17 leading to the forfeiture were undertaken solely by a
18 State agency, the portion provided hereunder shall be
19 paid into the Drug Traffic Prevention Fund in the State
20 treasury to be used for enforcement of laws governing
21 narcotics activity.
22 (2) (Blank). An amount equal to 12.5% shall be
23 distributed to the county in which the prosecution
24 resulting in the forfeiture was instituted, deposited in
25 a special fund in the county treasury and appropriated to
26 the State's Attorney for use in the enforcement of laws
27 governing narcotics activity.
28 An amount equal to 12.5% shall be distributed to the
29 Office of the State's Attorneys Appellate Prosecutor and
30 deposited in the Narcotics Profit Forfeiture Fund, which
31 is hereby created in the State treasury, to be used by
32 the Office of the State's Attorneys Appellate Prosecutor
33 for additional expenses incurred in prosecuting appeals
34 arising under this Act. Any amounts remaining in the
-6- LRB9004791RCks
1 Fund after all additional expenses have been paid shall
2 be used by the Office to reduce the participating county
3 contributions to the Office on a pro-rated basis as
4 determined by the board of governors of the Office of
5 the State's Attorneys Appellate Prosecutor based on the
6 populations of the participating counties.
7 (3) An amount equal to 25% shall be paid into the
8 Drug Traffic Prevention Fund in the State treasury to be
9 used by the Department of State Police for funding
10 Metropolitan Enforcement Groups created pursuant to the
11 Intergovernmental Drug Laws Enforcement Act. Any amounts
12 remaining in the Fund after full funding of Metropolitan
13 Enforcement Groups shall be used for enforcement, by the
14 State or any unit of local government, of laws governing
15 narcotics activity.
16 (h) Where the investigation or indictment for the
17 offense of narcotics racketeering or a violation of Section 3
18 of the Drug Paraphernalia Control Act has occurred under the
19 provisions of the Statewide Grand Jury Act, all monies and
20 the sale proceeds of all other property shall be distributed
21 as follows:
22 (1) 60% shall be distributed to the metropolitan
23 enforcement group, local, municipal, county, or State law
24 enforcement agency or agencies which conducted or
25 participated in the investigation resulting in the
26 forfeiture. The distribution shall bear a reasonable
27 relationship to the degree of direct participation of the
28 law enforcement agency in the effort resulting in the
29 forfeiture, taking into account the total value of the
30 property forfeited and the total law enforcement effort
31 with respect to the violation of the law on which the
32 forfeiture is based. Amounts distributed to the agency
33 or agencies shall be used for the enforcement of laws
34 governing cannabis and controlled substances.
-7- LRB9004791RCks
1 (2) 25% shall be distributed by the Attorney
2 General as grants to drug education, treatment and
3 prevention programs licensed or approved by the Illinois
4 Department of Alcoholism and Substance Abuse. In making
5 these grants, the Attorney General shall take into
6 account the plans and service priorities of, and the
7 needs identified by, the Department of Alcoholism and
8 Substance Abuse.
9 (3) 15% shall be distributed to the Attorney
10 General and the State's Attorney, if any, participating
11 in the prosecution resulting in the forfeiture. The
12 distribution shall bear a reasonable relationship to the
13 degree of direct participation in the prosecution of the
14 offense, taking into account the total value of the
15 property forfeited and the total amount of time spent in
16 preparing and presenting the case, the complexity of the
17 case and other similar factors. Amounts distributed to
18 the Attorney General under this paragraph shall be
19 retained in a fund held by the State Treasurer as
20 ex-officio custodian to be designated as the Statewide
21 Grand Jury Prosecution Fund and paid out upon the
22 direction of the Attorney General for expenses incurred
23 in criminal prosecutions arising under the Statewide
24 Grand Jury Act. Amounts distributed to a State's
25 Attorney shall be deposited in a special fund in the
26 county treasury and appropriated to the State's Attorney
27 for use in the enforcement of laws governing narcotics
28 activity.
29 (i) All monies deposited pursuant to this Act in the
30 Drug Traffic Prevention Fund established under Section
31 5-9-1.2 of the Unified Code of Corrections are appropriated,
32 on a continuing basis, to the Department of State Police to
33 be used for funding Metropolitan Enforcement Groups created
34 pursuant to the Intergovernmental Drug Laws Enforcement Act
-8- LRB9004791RCks
1 or otherwise for the enforcement of laws governing narcotics
2 activity.
3 (Source: P.A. 86-271; 86-350; 86-1475; 87-435; 87-466;
4 87-895; 87-1013.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 5. (a) A person who commits the offense of narcotics
7 racketeering shall:
8 (1) be guilty of a Class 1 felony; and
9 (2) be subject to a fine of up to $250,000.
10 A person who commits the offense of narcotics
11 racketeering or who violates Section 3 of the Drug
12 Paraphernalia Control Act shall forfeit to the State of
13 Illinois: (A) any profits or proceeds and any property or
14 property interest he has acquired or maintained in violation
15 of this Act or Section 3 of the Drug Paraphernalia Control
16 Act or has used to facilitate a violation of this Act that
17 the court determines, after a forfeiture hearing, under
18 subsection (b) of this Section to have been acquired or
19 maintained as a result of narcotics racketeering or violating
20 Section 3 of the Drug Paraphernalia Control Act, or used to
21 facilitate narcotics racketeering; and (B) any interest in,
22 security of, claim against, or property or contractual right
23 of any kind affording a source of influence over, any
24 enterprise which he has established, operated, controlled,
25 conducted, or participated in the conduct of, in violation of
26 this Act or Section 3 of the Drug Paraphernalia Control Act,
27 that the court determines, after a forfeiture hearing, under
28 subsection (b) of this Section to have been acquired or
29 maintained as a result of narcotics racketeering or violating
30 Section 3 of the Drug Paraphernalia Control Act or used to
31 facilitate narcotics racketeering.
32 (b) The court shall, upon petition by the Attorney
33 General or State's Attorney, at any time subsequent to the
34 filing of an information or return of an indictment, conduct
-9- LRB9004791RCks
1 a hearing to determine whether any property or property
2 interest is subject to forfeiture under this Act. At the
3 forfeiture hearing the people shall have the burden of
4 establishing, by a preponderance of the evidence, that
5 property or property interests are subject to forfeiture
6 under this Act. There is a rebuttable presumption at such
7 hearing that any property or property interest of a person
8 charged by information or indictment with narcotics
9 racketeering or who is convicted of a violation of Section 3
10 of the Drug Paraphernalia Control Act is subject to
11 forfeiture under this Section if the State establishes by a
12 preponderance of the evidence that:
13 (1) such property or property interest was acquired
14 by such person during the period of the violation of this
15 Act or Section 3 of the Drug Paraphernalia Control Act or
16 within a reasonable time after such period; and
17 (2) there was no likely source for such property or
18 property interest other than the violation of this Act or
19 Section 3 of the Drug Paraphernalia Control Act.
20 (c) In an action brought by the People of the State of
21 Illinois under this Act, wherein any restraining order,
22 injunction or prohibition or any other action in connection
23 with any property or property interest subject to forfeiture
24 under this Act is sought, the circuit court which shall
25 preside over the trial of the person or persons charged with
26 narcotics racketeering as defined in Section 4 of this Act or
27 violating Section 3 of the Drug Paraphernalia Control Act
28 shall first determine whether there is probable cause to
29 believe that the person or persons so charged has committed
30 the offense of narcotics racketeering as defined in Section 4
31 of this Act or a violation of Section 3 of the Drug
32 Paraphernalia Control Act and whether the property or
33 property interest is subject to forfeiture pursuant to this
34 Act.
-10- LRB9004791RCks
1 In order to make such a determination, prior to entering
2 any such order, the court shall conduct a hearing without a
3 jury, wherein the People shall establish that there is: (i)
4 probable cause that the person or persons so charged have
5 committed the offense of narcotics racketeering or violating
6 Section 3 of the Drug Paraphernalia Control Act and (ii)
7 probable cause that any property or property interest may be
8 subject to forfeiture pursuant to this Act. Such hearing may
9 be conducted simultaneously with a preliminary hearing, if
10 the prosecution is commenced by information or complaint, or
11 by motion of the People, at any stage in the proceedings.
12 The court may accept a finding of probable cause at a
13 preliminary hearing following the filing of an information
14 charging the offense of narcotics racketeering as defined in
15 Section 4 of this Act or the return of an indictment by a
16 grand jury charging the offense of narcotics racketeering as
17 defined in Section 4 of this Act or after a charge is filed
18 for violating Section 3 of the Drug Paraphernalia Control Act
19 as sufficient evidence of probable cause as provided in item
20 (i) above.
21 Upon such a finding, the circuit court shall enter such
22 restraining order, injunction or prohibition, or shall take
23 such other action in connection with any such property or
24 property interest subject to forfeiture under this Act, as is
25 necessary to insure that such property is not removed from
26 the jurisdiction of the court, concealed, destroyed or
27 otherwise disposed of by the owner of that property or
28 property interest prior to a forfeiture hearing under
29 subsection (b) of this Section. The Attorney General or
30 State's Attorney shall file a certified copy of such
31 restraining order, injunction or other prohibition with the
32 recorder of deeds or registrar of titles of each county where
33 any such property of the defendant may be located. No such
34 injunction, restraining order or other prohibition shall
-11- LRB9004791RCks
1 affect the rights of any bona fide purchaser, mortgagee,
2 judgment creditor or other lien holder arising prior to the
3 date of such filing.
4 The court may, at any time, upon verified petition by the
5 defendant, conduct a hearing to release all or portions of
6 any such property or interest which the court previously
7 determined to be subject to forfeiture or subject to any
8 restraining order, injunction, or prohibition or other
9 action. The court may release such property to the defendant
10 for good cause shown and within the sound discretion of the
11 court.
12 (d) Prosecution under this Act may be commenced by the
13 Attorney General or a State's Attorney.
14 (e) Upon an order of forfeiture being entered pursuant
15 to subsection (b) of this Section, the court shall authorize
16 the Attorney General to seize any property or property
17 interest declared forfeited under this Act and under such
18 terms and conditions as the court shall deem proper. Any
19 property or property interest that has been the subject of an
20 entered restraining order, injunction or prohibition or any
21 other action filed under subsection (c) shall be forfeited
22 unless the claimant can show by a preponderance of the
23 evidence that the property or property interest has not been
24 acquired or maintained as a result of narcotics racketeering
25 or has not been used to facilitate narcotics racketeering.
26 (f) The Attorney General or his designee is authorized
27 to sell all property forfeited and seized pursuant to this
28 Act, unless such property is required by law to be destroyed
29 or is harmful to the public, and, after the deduction of all
30 requisite expenses of administration and sale, shall
31 distribute the proceeds of such sale, along with any moneys
32 forfeited or seized, in accordance with subsection (g) or
33 (h), whichever is applicable.
34 (g) All monies and the sale proceeds of all other
-12- LRB9004791RCks
1 property forfeited and seized pursuant to this Act shall be
2 distributed as follows:
3 (1) An amount equal to 50% shall be distributed to
4 the unit of local government whose officers or employees
5 conducted the investigation into narcotics racketeering
6 and caused the arrest or arrests and prosecution leading
7 to the forfeiture. Amounts distributed to units of local
8 government shall be used for enforcement of laws
9 governing narcotics activity. In the event, however,
10 that the investigation, arrest or arrests and prosecution
11 leading to the forfeiture were undertaken solely by a
12 State agency, the portion provided hereunder shall be
13 paid into the Drug Traffic Prevention Fund in the State
14 treasury to be used for enforcement of laws governing
15 narcotics activity.
16 (2) (Blank). An amount equal to 12.5% shall be
17 distributed to the county in which the prosecution
18 resulting in the forfeiture was instituted, deposited in
19 a special fund in the county treasury and appropriated to
20 the State's Attorney for use in the enforcement of laws
21 governing narcotics activity.
22 An amount equal to 12.5% shall be distributed to the
23 Office of the State's Attorneys Appellate Prosecutor and
24 deposited in the Narcotics Profit Forfeiture Fund, which
25 is hereby created in the State treasury, to be used by
26 the Office of the State's Attorneys Appellate Prosecutor
27 for additional expenses incurred in prosecuting appeals
28 arising under this Act. Any amounts remaining in the
29 Fund after all additional expenses have been paid shall
30 be used by the Office to reduce the participating county
31 contributions to the Office on a pro-rated basis as
32 determined by the board of governors of the Office of
33 the State's Attorneys Appellate Prosecutor based on the
34 populations of the participating counties.
-13- LRB9004791RCks
1 (3) An amount equal to 25% shall be paid into the
2 Drug Traffic Prevention Fund in the State treasury to be
3 used by the Department of State Police for funding
4 Metropolitan Enforcement Groups created pursuant to the
5 Intergovernmental Drug Laws Enforcement Act. Any amounts
6 remaining in the Fund after full funding of Metropolitan
7 Enforcement Groups shall be used for enforcement, by the
8 State or any unit of local government, of laws governing
9 narcotics activity.
10 (h) Where the investigation or indictment for the
11 offense of narcotics racketeering or a violation of Section 3
12 of the Drug Paraphernalia Control Act has occurred under the
13 provisions of the Statewide Grand Jury Act, all monies and
14 the sale proceeds of all other property shall be distributed
15 as follows:
16 (1) 60% shall be distributed to the metropolitan
17 enforcement group, local, municipal, county, or State law
18 enforcement agency or agencies which conducted or
19 participated in the investigation resulting in the
20 forfeiture. The distribution shall bear a reasonable
21 relationship to the degree of direct participation of the
22 law enforcement agency in the effort resulting in the
23 forfeiture, taking into account the total value of the
24 property forfeited and the total law enforcement effort
25 with respect to the violation of the law on which the
26 forfeiture is based. Amounts distributed to the agency
27 or agencies shall be used for the enforcement of laws
28 governing cannabis and controlled substances.
29 (2) 25% shall be distributed by the Attorney
30 General as grants to drug education, treatment and
31 prevention programs licensed or approved by the
32 Department of Human Services. In making these grants,
33 the Attorney General shall take into account the plans
34 and service priorities of, and the needs identified by,
-14- LRB9004791RCks
1 the Department of Human Services.
2 (3) 15% shall be distributed to the Attorney
3 General and the State's Attorney, if any, participating
4 in the prosecution resulting in the forfeiture. The
5 distribution shall bear a reasonable relationship to the
6 degree of direct participation in the prosecution of the
7 offense, taking into account the total value of the
8 property forfeited and the total amount of time spent in
9 preparing and presenting the case, the complexity of the
10 case and other similar factors. Amounts distributed to
11 the Attorney General under this paragraph shall be
12 retained in a fund held by the State Treasurer as
13 ex-officio custodian to be designated as the Statewide
14 Grand Jury Prosecution Fund and paid out upon the
15 direction of the Attorney General for expenses incurred
16 in criminal prosecutions arising under the Statewide
17 Grand Jury Act. Amounts distributed to a State's
18 Attorney shall be deposited in a special fund in the
19 county treasury and appropriated to the State's Attorney
20 for use in the enforcement of laws governing narcotics
21 activity.
22 (i) All monies deposited pursuant to this Act in the
23 Drug Traffic Prevention Fund established under Section
24 5-9-1.2 of the Unified Code of Corrections are appropriated,
25 on a continuing basis, to the Department of State Police to
26 be used for funding Metropolitan Enforcement Groups created
27 pursuant to the Intergovernmental Drug Laws Enforcement Act
28 or otherwise for the enforcement of laws governing narcotics
29 activity.
30 (Source: P.A. 89-507, eff. 7-1-97.)
31 Section 95. No acceleration or delay. Where this Act
32 makes changes in a statute that is represented in this Act by
33 text that is not yet or no longer in effect (for example, a
-15- LRB9004791RCks
1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.