Public Act 097-0544
 
SB2268 EnrolledLRB097 10022 RLC 50193 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
 
    Section 5. The Criminal Code of 1961 is amended  by adding 
Section 36-1.5 as follows:
 
    (720 ILCS 5/36-1.5 new)
    Sec. 36-1.5. Preliminary Review.
    (a) Within 14 days of the seizure, the State shall seek a 
preliminary determination from the circuit court as to whether 
there is probable cause that the property may be subject to 
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding 
conducted under this Section.
    (c) The court may conduct the review under subsection (a) 
simultaneously with a proceeding pursuant to Section 109-1 of 
the Code of Criminal Procedure of 1963 for a related criminal 
offense if a prosecution is commenced by information or 
complaint.
    (d) The court may accept a finding of probable cause at a 
preliminary hearing following the filing of an information or 
complaint charging a related criminal offense or following the 
return of indictment by a grand jury charging the related 
offense as sufficient evidence of probable cause as required 
under subsection (a).
    (e) Upon making a finding of probable cause as required 
under this Section, and after taking into account the 
respective interests of all known claimants to the property 
including the State, the circuit court shall enter a 
restraining order or injunction, or take other appropriate 
action, as necessary to ensure that the property is not removed 
from the court's jurisdiction and is not concealed, destroyed, 
or otherwise disposed of by the property owner or interest 
holder before a forfeiture hearing is conducted.
 
    Section 6. The Cannabis Control Act is amended by changing 
Section 12 as follows:
 



    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)



    Sec. 12. (a) The following are subject to forfeiture: 


        (1) all substances containing cannabis which have been 
    produced,
manufactured, delivered, or possessed in 
    violation of this Act;


        (2) all raw materials, products and equipment of any 
    kind which are
produced, delivered, or possessed in 
    connection with any substance
containing cannabis in 
    violation of this Act;


        (3) all conveyances, including aircraft, vehicles or 
    vessels, which
are used, or intended for use, to transport, 
    or in any manner to
facilitate the transportation, sale, 
    receipt, possession, or
concealment of property described 
    in paragraph (1) or (2) that constitutes
a felony violation 
    of the Act, but:


            (i) no conveyance used by any person as a common 
        carrier in the
transaction of business as a common 
        carrier is subject to forfeiture
under this Section 
        unless it appears that the owner or other person in

        charge of the conveyance is a consenting party or privy 
        to a violation
of this Act;


            (ii) no conveyance is subject to forfeiture under 
        this Section by
reason of any act or omission which the 
        owner proves to have been
committed or omitted without 
        his knowledge or consent;


            (iii) a forfeiture of a conveyance encumbered by a 
        bona fide
security interest is subject to the interest 
        of the secured party if he
neither had knowledge of nor 
        consented to the act or omission;


        (4) all money, things of value, books, records, and 
    research
products and materials including formulas, 
    microfilm, tapes, and data
which are used, or intended for 
    use in a felony violation of this Act;


        (5) everything of value furnished or intended to be 
    furnished by any
person in exchange for a substance in 
    violation of this Act, all proceeds
traceable to such an 
    exchange, and all moneys, negotiable instruments, and

    securities used, or intended to be used, to commit or in 
    any manner to
facilitate any felony violation of this Act;

        (6) all real property, including any right, title, and 
    interest including, but not          limited to, any leasehold 
    interest or the beneficial interest to a land trust, in the  
    whole of any lot or tract of land and any appurtenances or 
    improvements, that  is used or intended to be used to 
    facilitate the manufacture, distribution, sale,  receipt, 
    or concealment of property described in paragraph (1) or 
    (2) of this subsection (a) that  constitutes a felony 
    violation of more than 2,000 grams of a substance 
    containing cannabis or that is the proceeds of any felony  
    violation of this Act. 
    (b) Property subject to forfeiture under this Act may be 
seized by
the Director or any peace officer upon process or 
seizure warrant issued by
any court having jurisdiction over 
the property.  Seizure by the Director
or any peace officer 
without process may be made:


        (1) if the property subject to seizure has been the 
    subject of a
prior judgment in favor of the State in a 
    criminal proceeding or
in an injunction or forfeiture 
    proceeding based upon this Act or the Drug
Asset Forfeiture 
    Procedure Act;


        (2) if there is probable cause to believe that the 
    property is
directly or indirectly dangerous to health or 
    safety;


        (3) if there is probable cause to believe that the 
    property is subject
to forfeiture under this Act and the 
    property is seized under
circumstances in which a 
    warrantless seizure or arrest would be reasonable; or


        (4) in accordance with the Code of Criminal Procedure 
    of 1963.

    (c) In the event of seizure pursuant to subsection (b), 
notice shall be given forthwith to all known interest holders 
that forfeiture
proceedings, including a preliminary review, 
shall be instituted in accordance with the
Drug Asset 
Forfeiture Procedure Act and such proceedings shall thereafter 
be instituted in accordance with that Act.  Upon a showing of 
good cause, the notice required for a preliminary review under 
this Section may be postponed.

    (c-1)  In the event the State's Attorney is of the opinion 
that real property is subject to     forfeiture under this Act, 
forfeiture proceedings shall be instituted in accordance                                    with 
the Drug Asset Forfeiture Procedure Act.    The          exemptions from 
forfeiture provisions of Section 8 of the Drug Asset       Forfeiture 
Procedure Act are applicable. 
    (d) Property taken or detained under this Section shall not 
be
subject to replevin, but is deemed to be in the custody of 
the Director
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 under the 
Drug Asset Forfeiture Procedure Act.  When
property is seized 
under this Act, the seizing agency shall promptly
conduct an 
inventory of the seized property, estimate the property's 
value,
and shall forward a copy of the inventory of seized 
property and the
estimate of the property's value to the 
Director.  Upon receiving notice of
seizure, the Director may:


        (1) place the property under seal;


        (2) remove the property to a place designated by him;


        (3) keep the property in the possession of the seizing 
    agency;


        (4) remove the property to a storage area for 
    safekeeping or, if the
property is a negotiable instrument 
    or money and is not needed for
evidentiary purposes, 
    deposit it in an interest bearing account;


        (5) place the property under constructive seizure by 
    posting notice of
pending forfeiture on it, by giving 
    notice of pending forfeiture to its
owners and interest 
    holders, or by filing notice of pending forfeiture in
any 
    appropriate public record relating to the property; or


        (6) provide for another agency or custodian, including 
    an owner, secured
party, or lienholder, to take custody of 
    the property upon the terms and
conditions set by the 
    Director.

    (e) No disposition may be made of property under seal until 
the time
for taking an appeal has elapsed or until all appeals 
have been
concluded unless a court, upon application therefor, 
orders the sale of
perishable substances and the deposit of the 
proceeds of the sale with
the court.

    (f) When property is forfeited under this Act the Director 
shall
sell all such property unless such property is required 
by law to be
destroyed or is harmful to the public, and shall 
distribute the proceeds of
the sale, together with any moneys 
forfeited or seized, in accordance
with subsection (g).  
However, upon the application of the seizing agency or

prosecutor who was responsible for the investigation, arrest or 
arrests and
prosecution which lead to the forfeiture, the 
Director may return any item
of forfeited property to the 
seizing agency or prosecutor for official use
in the 
enforcement of laws relating to cannabis or controlled 
substances,
if the agency or prosecutor can demonstrate that 
the item requested would
be useful to the agency or prosecutor 
in their enforcement efforts.  When any forfeited conveyance, 
including an aircraft, vehicle, or vessel, is returned to the 
seizing agency or prosecutor, the conveyance may be used 
immediately in the enforcement of the criminal laws of this 
State.  Upon disposal, all proceeds from the sale of the 
conveyance must be used for drug enforcement purposes. When
any 
real property returned to the seizing agency is sold by the 
agency or
its unit of government, the proceeds of the sale 
shall be delivered to the
Director and distributed in 
accordance with subsection (g).

    (g) All monies and the sale proceeds of all other property 
forfeited and
seized under this Act shall be distributed as 
follows:


        (1) 65% shall be distributed to the metropolitan 
    enforcement group,
local, municipal, county, or state law 
    enforcement agency or agencies which
conducted or 
    participated in the investigation resulting in the 
    forfeiture.
The distribution shall bear a reasonable 
    relationship to the degree of
direct participation of the 
    law enforcement agency in the effort resulting
in the 
    forfeiture, taking into account the total value of the 
    property
forfeited and the total law enforcement effort 
    with respect to the
violation of the law upon which the 
    forfeiture is based.
Amounts distributed to the agency or 
    agencies shall be used for the
enforcement of laws 
    governing cannabis and controlled substances or for 
    security cameras used for the prevention or detection of 
    violence, except
that amounts distributed to the Secretary 
    of State shall be deposited into
the Secretary of State 
    Evidence Fund to be used as provided in Section
2-115 of 
    the Illinois Vehicle Code.


        (2)(i) 12.5% shall be distributed to the Office of the 
    State's
Attorney of the county in which the prosecution 
    resulting in the forfeiture
was instituted, deposited in a 
    special fund in the county treasury and
appropriated to the 
    State's Attorney for use in the enforcement of laws

    governing cannabis and controlled substances.  In counties 
    over 3,000,000
population, 25% will be distributed to the 
    Office of the State's Attorney for use in the
enforcement 
    of laws governing cannabis and controlled substances.  If 
    the
prosecution is undertaken solely by the Attorney 
    General, the portion
provided hereunder shall be 
    distributed to the Attorney General for use in
the 
    enforcement of laws governing cannabis and controlled 
    substances.


        (ii) 12.5% shall be distributed to the Office of the 
    State's Attorneys
Appellate Prosecutor and deposited in 
    the Narcotics Profit Forfeiture Fund
of that Office to be 
    used for additional expenses incurred in the

    investigation, prosecution and appeal of cases arising 
    under laws governing
cannabis and controlled substances.  
    The Office of the State's Attorneys
Appellate Prosecutor 
    shall not receive distribution from cases brought in

    counties with over 3,000,000 population.


        (3) 10% shall be retained by the Department of State 
    Police for expenses
related to the administration and sale 
    of seized and forfeited property.

(Source: P.A. 94-1004, eff. 7-3-06; 95-989, eff. 10-3-08.)

 
    Section 7. The Illinois Controlled Substances Act is 
amended by changing Section 505 as follows:
 



    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)


    Sec. 505. (a) The following are subject to forfeiture:


        (1) all substances which have been manufactured, 
    distributed,
dispensed, or possessed in violation of this 
    Act;


        (2) all raw materials, products and equipment of any 
    kind which are
used, or intended for use in manufacturing, 
    distributing, dispensing,
administering or possessing any 
    substance in violation of this Act;


        (3) all conveyances, including aircraft, vehicles or 
    vessels, which are
used, or intended for use, to transport, 
    or in any manner to facilitate
the transportation, sale, 
    receipt, possession, or concealment of property
described 
    in paragraphs (1) and (2), but:


            (i) no conveyance used by any person as a common 
        carrier in the
transaction of business as a common 
        carrier is subject to forfeiture under
this Section 
        unless it appears that the owner or other person in 
        charge of
the conveyance is a consenting party or privy 
        to a violation of this Act;


            (ii) no conveyance is subject to forfeiture under 
        this Section by reason
of any act or omission which the 
        owner proves to have been committed or
omitted without 
        his knowledge or consent;


            (iii) a forfeiture of a conveyance encumbered by a 
        bona fide security
interest is subject to the interest 
        of the secured party if he neither had
knowledge of nor 
        consented to the act or omission;


        (4) all money, things of value, books, records, and 
    research
products and materials including formulas, 
    microfilm, tapes, and data which
are used, or intended to 
    be used in violation of this Act;


        (5) everything of value furnished, or intended to be 
    furnished, in
exchange for a substance in violation of this 
    Act, all proceeds traceable
to such an exchange, and all 
    moneys, negotiable instruments, and securities
used, or 
    intended to be used, to commit or in any manner to 
    facilitate
any violation of this Act;


        (6) all real property, including any right, title, and 
    interest
(including, but not limited to, any leasehold 
    interest or the beneficial
interest in a land trust) in the 
    whole of any lot or tract of land and any
appurtenances or 
    improvements, which is used or intended to be used, in any

    manner or part, to commit, or in any manner to facilitate 
    the commission
of, any violation or act that constitutes a 
    violation of Section 401 or 405
of this Act or that is the 
    proceeds of any violation or act that
constitutes a 
    violation of Section 401 or 405 of this Act.

    (b) Property subject to forfeiture under this Act may be 
seized by the
Director or any peace officer upon process or 
seizure warrant issued by
any court having jurisdiction over 
the property.  Seizure by the Director
or any peace officer 
without process may be made:


        (1) if the seizure is incident to inspection under an 
    administrative
inspection warrant;


        (2) if the property subject to seizure has been the 
    subject of a prior
judgment in favor of the State in a 
    criminal proceeding, or in an injunction
or forfeiture 
    proceeding based upon this Act or the Drug Asset Forfeiture

    Procedure Act;


        (3) if there is probable cause to believe that the 
    property is directly
or indirectly dangerous to health or 
    safety;


        (4) if there is probable cause to believe that the 
    property is subject
to forfeiture under this Act and the 
    property is seized under
circumstances in which a 
    warrantless seizure or arrest would be reasonable; or


        (5) in accordance with the Code of Criminal Procedure 
    of 1963.

    (c) In the event of seizure pursuant to subsection (b), 
notice shall be given forthwith to all known interest holders 
that forfeiture
proceedings, including a preliminary review, 
shall be instituted in accordance with the Drug
Asset 
Forfeiture Procedure Act and such proceedings shall thereafter 
be instituted in accordance with that Act.  Upon a showing of 
good cause, the notice required for a preliminary review under 
this Section may be postponed.

    (d) Property taken or detained under this Section shall not 
be subject
to replevin, but is deemed to be in the custody of 
the Director 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
under the 
Drug Asset Forfeiture Procedure Act.  When property is seized

under this Act, the seizing agency shall promptly conduct an 
inventory of
the seized property and estimate the property's 
value, and shall forward a
copy of the inventory of seized 
property and the estimate of the property's
value to the 
Director.  Upon receiving notice of seizure, the Director may:


        (1) place the property under seal;


        (2) remove the property to a place designated by the 
    Director;


        (3) keep the property in the possession of the seizing 
    agency;


        (4) remove the property to a storage area for 
    safekeeping or, if the
property is a negotiable instrument 
    or money and is not needed for
evidentiary purposes, 
    deposit it in an interest bearing account;


        (5) place the property under constructive seizure by 
    posting notice of
pending forfeiture on it, by giving 
    notice of pending forfeiture to its
owners and interest 
    holders, or by filing notice of pending forfeiture in
any 
    appropriate public record relating to the property; or


        (6) provide for another agency or custodian, including 
    an owner, secured
party, or lienholder, to take custody of 
    the property upon the terms and
conditions set by the 
    Director.

    (e) If the Department of Professional Regulation suspends 
or revokes
a registration, all controlled substances owned or 
possessed by the
registrant at the time of suspension or the 
effective date of the
revocation order may be placed under 
seal.  No disposition may be made of
substances under seal until 
the time for taking an appeal has elapsed or
until all appeals 
have been concluded unless a court, upon application
therefor, 
orders the sale of perishable substances and the deposit of the

proceeds of the sale with the court.  Upon a revocation rule 
becoming final,
all substances may be forfeited to the 
Department of Professional
Regulation.

    (f) When property is forfeited under this Act the Director 
shall
sell all such property unless such property is required 
by law to be
destroyed or is harmful to the public, and shall 
distribute the proceeds of
the sale, together with any moneys 
forfeited or seized, in accordance
with subsection (g).  
However, upon the application of the seizing agency or

prosecutor who was responsible for the investigation, arrest or 
arrests and
prosecution which lead to the forfeiture, the 
Director may return any item
of forfeited property to the 
seizing agency or prosecutor for official use
in the 
enforcement of laws relating to cannabis or controlled 
substances,
if the agency or prosecutor can demonstrate that 
the item requested would
be useful to the agency or prosecutor 
in their enforcement efforts.  When any forfeited conveyance, 
including an aircraft, vehicle, or vessel, is returned to the 
seizing agency or prosecutor, the conveyance may be used 
immediately in the enforcement of the criminal laws of this 
State.  Upon disposal, all proceeds from the sale of the 
conveyance must be used for drug enforcement purposes. When
any 
real property returned to the seizing agency is sold by the 
agency or
its unit of government, the proceeds of the sale 
shall be delivered to the
Director and distributed in 
accordance with subsection (g).

    (g) All monies and the sale proceeds of all other property 
forfeited and
seized under this Act shall be distributed as 
follows:


        (1) 65% shall be distributed to the metropolitan 
    enforcement group,
local, municipal, county, or state law 
    enforcement agency or agencies which
conducted or 
    participated in the investigation resulting in the 
    forfeiture.
 The distribution shall bear a reasonable 
    relationship to the degree of
direct participation of the 
    law enforcement agency in the effort resulting
in the 
    forfeiture, taking into account the total value of the 
    property
forfeited and the total law enforcement effort 
    with respect to the
violation of the law upon which the 
    forfeiture is based.
Amounts distributed to the agency or 
    agencies shall be used for the
enforcement of laws 
    governing cannabis and controlled substances or for 
    security cameras used for the prevention or detection of 
    violence, except that
amounts distributed to the Secretary 
    of State shall be deposited into the
Secretary of State 
    Evidence Fund to be used as provided in Section 2-115 of 
    the
Illinois Vehicle Code.


        (2)(i) 12.5% shall be distributed to the Office of the 
    State's
Attorney of the county in which the prosecution 
    resulting in the forfeiture
was instituted, deposited in a 
    special fund in the county treasury and
appropriated to the 
    State's Attorney for use in the enforcement of laws

    governing cannabis and controlled substances.  In counties 
    over 3,000,000
population, 25% will be distributed to the 
    Office of the State's Attorney for
use in the
enforcement 
    of laws governing cannabis and controlled substances.  If 
    the
prosecution is undertaken solely by the Attorney 
    General, the portion
provided hereunder shall be 
    distributed to the Attorney General for use in
the 
    enforcement of laws governing cannabis and controlled 
    substances.


        (ii) 12.5% shall be distributed to the Office of the 
    State's Attorneys
Appellate Prosecutor and deposited in 
    the Narcotics Profit Forfeiture Fund
of that office to be 
    used for additional expenses incurred in the

    investigation, prosecution and appeal of cases arising 
    under laws governing
cannabis and controlled substances.  
    The Office of the State's Attorneys
Appellate Prosecutor 
    shall not receive distribution from cases brought in

    counties with over 3,000,000 population.


        (3) 10% shall be retained by the Department of State 
    Police for expenses
related to the administration and sale 
    of seized and forfeited property.

    (h) Species of plants from which controlled substances in 
Schedules I
and II may be derived which have been planted or 
cultivated in violation of
this Act, or of which the owners or 
cultivators are unknown, or which are
wild growths, may be 
seized and summarily forfeited to the State.  The
failure, upon 
demand by the Director or any peace officer, of the person in

occupancy or in control of land or premises upon which the 
species of
plants are growing or being stored, to produce 
registration, or proof that
he is the holder thereof, 
constitutes authority for the seizure and
forfeiture of the 
plants.

(Source: P.A. 94-1004, eff. 7-3-06.)

 
    Section 8. The Methamphetamine Control and Community 
Protection Act is amended by changing Section 85 as follows:
 
    (720 ILCS 646/85)

    Sec. 85. Forfeiture.  
    (a) The following are subject to forfeiture:
        
        (1) all substances containing methamphetamine which 
    have
     been produced, manufactured, delivered, or possessed 
    in violation of this Act;
        
        (2) all methamphetamine manufacturing materials which 
    have
     been produced, delivered, or possessed in connection 
    with any substance containing methamphetamine in violation 
    of this Act;
         
        (3) all conveyances, including aircraft, vehicles or
     
    vessels, which are used, or intended for use, to transport, 
    or in any manner to facilitate the transportation, sale, 
    receipt, possession, or concealment of property described 
    in paragraph (1) or (2) that constitutes a felony violation 
    of the Act, but:
             
            (i) no conveyance used by any person as a common
         
        carrier in the transaction of business as a common 
        carrier is subject to forfeiture under this Section 
        unless it appears that the owner or other person in 
        charge of the conveyance is a consenting party or privy 
        to a violation of this Act;
             
            (ii) no conveyance is subject to forfeiture
         under 
        this Section by reason of any act or omission which the 
        owner proves to have been committed or omitted without 
        his or her knowledge or consent;
             
            (iii) a forfeiture of a conveyance encumbered by
         a 
        bona fide security interest is subject to the interest 
        of the secured party if he or she neither had knowledge 
        of nor consented to the act or omission;
        
        (4) all money, things of value, books, records, and
     
    research products and materials including formulas, 
    microfilm, tapes, and data which are used, or intended for 
    use in a felony violation of this Act;
         
        (5) everything of value furnished or intended to be
     
    furnished by any person in exchange for a substance in 
    violation of this Act, all proceeds traceable to such an 
    exchange, and all moneys, negotiable instruments, and 
    securities used, or intended to be used, to commit or in 
    any manner to facilitate any felony violation of this Act.
        
        (6) all real property, including any right, title, and 
    interest (including, but not limited to, any leasehold 
    interest or the beneficial interest in a land trust) in the 
    whole of any lot or tract of land and any appurtenances or 
    improvements, which is used, or intended to be used, in any 
    manner or part, to commit, or in any manner to facilitate 
    the commission of, any violation or act that constitutes a 
    violation of this Act or that is the proceeds of any 
    violation or act that constitutes a violation of this Act.
     
    (b) Property subject to forfeiture under this Act may be 
seized by the Director or any peace officer upon process or 
seizure warrant issued by any court having jurisdiction over 
the property. Seizure by the Director or any peace officer 
without process may be made:
        
        (1) if the property subject to seizure has been the
     
    subject of a prior judgment in favor of the State in a 
    criminal proceeding or in an injunction or forfeiture 
    proceeding based upon this Act or the Drug Asset Forfeiture 
    Procedure Act;
         
        (2) if there is probable cause to believe that the
     
    property is directly or indirectly dangerous to health or 
    safety;
         
        (3) if there is probable cause to believe that the
     
    property is subject to forfeiture under this Act and the 
    property is seized under circumstances in which a 
    warrantless seizure or arrest would be reasonable; or
         
        (4) in accordance with the Code of Criminal
     Procedure 
    of 1963.
     
    (c) In the event of seizure pursuant to subsection (b), 
notice shall be given forthwith to all known interest holders 
that forfeiture proceedings, including a preliminary review, 
shall be instituted in accordance with the Drug Asset 
Forfeiture Procedure Act and such proceedings shall thereafter 
be instituted in accordance with that Act.  Upon a showing of 
good cause, the notice required for a preliminary review under 
this Section may be postponed.
    
    (d) Property taken or detained under this Section is not 
subject to replevin, but is deemed to be in the custody of the 
Director 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 under the Drug Asset 
Forfeiture Procedure Act. When property is seized under this 
Act, the seizing agency shall promptly conduct an inventory of 
the seized property, estimate the property's value, and forward 
a copy of the inventory of seized property and the estimate of 
the property's value to the Director. Upon receiving notice of 
seizure, the Director may:
     
        (1) place the property under seal;
        
        (2) remove the property to a place designated by him or 
    her;
        
        (3) keep the property in the possession of the
     seizing 
    agency;
        
        (4) remove the property to a storage area for
     
    safekeeping or, if the property is a negotiable instrument 
    or money and is not needed for evidentiary purposes, 
    deposit it in an interest bearing account;
        
        (5) place the property under constructive seizure by
     
    posting notice of pending forfeiture on it, by giving 
    notice of pending forfeiture to its owners and interest 
    holders, or by filing notice of pending forfeiture in any 
    appropriate public record relating to the property; or
        
        (6) provide for another agency or custodian,
     including 
    an owner, secured party, or lienholder, to take custody of 
    the property upon the terms and conditions set by the 
    Director.
    
    (e) No disposition may be made of property under seal until 
the time for taking an appeal has elapsed or until all appeals 
have been concluded unless a court, upon application therefor, 
orders the sale of perishable substances and the deposit of the 
proceeds of the sale with the court.
  
    (f) When property is forfeited under this Act, the Director 
shall sell the property unless the property is required by law 
to be destroyed or is harmful to the public, and shall 
distribute the proceeds of the sale, together with any moneys 
forfeited or seized, in accordance with subsection (g). 
However, upon the application of the seizing agency or 
prosecutor who was responsible for the investigation, arrest or 
arrests and prosecution which lead to the forfeiture, the 
Director may return any item of forfeited property to the 
seizing agency or prosecutor for official use in the 
enforcement of laws relating to methamphetamine, cannabis, or 
controlled substances, if the agency or prosecutor 
demonstrates that the item requested would be useful to the 
agency or prosecutor in their enforcement efforts. When any 
forfeited conveyance, including an aircraft, vehicle, or 
vessel, is returned to the seizing agency or prosecutor, the 
conveyance may be used immediately in the enforcement of the 
criminal laws of this State.  Upon disposal, all proceeds from 
the sale of the conveyance must be used for drug enforcement 
purposes. When any real property returned to the seizing agency 
is sold by the agency or its unit of government, the proceeds 
of the sale shall be delivered to the Director and distributed 
in accordance with subsection (g).
    
    (g) All moneys and the sale proceeds of all other property 
forfeited and seized under this Act shall be distributed as 
follows:
        
        (1) 65% shall be distributed to the metropolitan
     
    enforcement group, local, municipal, county, or State law 
    enforcement agency or agencies which conducted or 
    participated in the investigation resulting in the 
    forfeiture. The distribution shall bear a reasonable 
    relationship to the degree of direct participation of the 
    law enforcement agency in the effort resulting in the 
    forfeiture, taking into account the total value of the 
    property forfeited and the total law enforcement effort 
    with respect to the violation of the law upon which the 
    forfeiture is based. Amounts distributed to the agency or 
    agencies shall be used for the enforcement of laws 
    governing methamphetamine, cannabis, and controlled 
    substances or for security cameras used for the prevention 
    or detection of violence, except that amounts distributed 
    to the Secretary of State shall be deposited into the 
    Secretary of State Evidence Fund to be used as provided in 
    Section 2-115 of the Illinois Vehicle Code.
         
        (2)(i) 12.5% shall be distributed to the Office of
         the 
    State's Attorney of the county in which the prosecution 
    resulting in the forfeiture was instituted, deposited in a 
    special fund in the county treasury and appropriated to the 
    State's Attorney for use in the enforcement of laws 
    governing methamphetamine, cannabis, and controlled 
    substances. In counties with a population over 3,000,000, 
    25% shall be distributed to the Office of the State's 
    Attorney for use in the enforcement of laws governing 
    methamphetamine, cannabis, and controlled substances. If 
    the prosecution is undertaken solely by the Attorney 
    General, the portion provided hereunder shall be 
    distributed to the Attorney General for use in the 
    enforcement of laws governing methamphetamine, cannabis, 
    and controlled substances.
             
        (ii) 12.5% shall be distributed to the Office of
         the 
    State's Attorneys Appellate Prosecutor and deposited in 
    the Narcotics Profit Forfeiture Fund of that Office to be 
    used for additional expenses incurred in the 
    investigation, prosecution and appeal of cases arising 
    under laws governing methamphetamine, cannabis, and 
    controlled substances. The Office of the State's Attorneys 
    Appellate Prosecutor shall not receive distribution from 
    cases brought in counties with a population over 3,000,000.
         
        (3) 10% shall be retained by the Department of State
     
    Police for expenses related to the administration and sale 
    of seized and forfeited property.



(Source: P.A. 94-556, eff. 9-11-05; 94-1004, eff. 7-3-06.)
 
    Section 10. The Drug Asset Forfeiture Procedure Act is 
amended  by changing Section 6 and  by adding Section 3.5 as 
follows:
 
    (725 ILCS 150/3.5 new)
    Sec. 3.5. Preliminary Review.
    (a) Within 14 days of the seizure, the State shall seek a 
preliminary determination from the circuit court as to whether 
there is probable cause that the property may be subject to 
forfeiture.
    (b) The rules of evidence shall not apply to any proceeding 
conducted under this Section.
    (c) The court may conduct the review under subsection (a) 
simultaneously with a proceeding pursuant to Section 109-1 of 
the Code of Criminal Procedure of 1963 for a related criminal 
offense if a prosecution is commenced by information or 
complaint.
    (d) The court may accept a finding of probable cause at a 
preliminary hearing following the filing of an information or 
complaint charging a related criminal offense or following the 
return of indictment by a grand jury charging the related 
offense as sufficient evidence of probable cause as required 
under subsection (a).
    (e) Upon making a finding of probable cause as required 
under this Section, and after taking into account the 
respective interests of all known claimants to the property 
including the State, the circuit court shall enter a 
restraining order or injunction, or take other appropriate 
action, as necessary to ensure that the property is not removed 
from the court's jurisdiction and is not concealed, destroyed, 
or otherwise disposed of by the property owner or interest 
holder before a forfeiture hearing is conducted.
 



    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)



    Sec. 6. Non-Judicial Forfeiture. If non-real property that 
exceeds $150,000
$20,000 in value excluding the value of any 
conveyance, or if real property
is seized under the provisions 
of the Illinois Controlled Substances Act,

the Cannabis Control 
Act, or the Methamphetamine Control and Community Protection 
Act, the State's Attorney shall institute judicial in
rem 
forfeiture proceedings as described in Section 9 of this Act 
within 45
days from receipt of notice of seizure from the 
seizing agency under
Section 5 of this Act. However, if 
non-real property that does not exceed
$150,000 $20,000 in 
value excluding the value of any conveyance is seized, the

following procedure shall be used:

    (A) If, after review of the facts surrounding the seizure, 
the State's
Attorney is of the opinion that the seized property 
is subject to
forfeiture, then within 45 days of the receipt of 
notice of seizure from the
seizing agency, the State's Attorney 
shall cause notice of pending
forfeiture to be given to the 
owner of the property and all known interest
holders of the 
property in accordance with Section 4 of this Act.

    (B) The notice of pending forfeiture must include a 
description of the
property, the estimated value of the 
property, the date and place of
seizure, the conduct giving 
rise to forfeiture or the violation of law
alleged, and a 
summary of procedures and procedural rights applicable to
the 
forfeiture action.


    (C) (1) Any person claiming an interest in property which 
    is the
subject of notice under subsection (A) of Section 6 
    of this Act, may,
within 45 days after the effective date 
    of notice as described in Section 4
of this Act, file a 
    verified claim with the State's Attorney expressing his
or 
    her interest in the property.  The claim must set forth:


            (i) the caption of the proceedings as set forth on 
        the notice of
pending forfeiture and the name of the 
        claimant;


            (ii) the address at which the claimant will accept 
        mail;


            (iii) the nature and extent of the claimant's 
        interest in the property;


            (iv) the date, identity of the transferor, and 
        circumstances of the
claimant's acquisition of the 
        interest in the property;


            (v) the name and address of all other persons known 
        to have an
interest in the property;


            (vi) the specific provision of law relied on in 
        asserting the property
is not subject to forfeiture;


            (vii) all essential facts supporting each 
        assertion; and


            (viii) the relief sought.


        (2) If a claimant files the claim and deposits with the 
    State's Attorney
a cost bond, in the form of a cashier's 
    check payable to the clerk of the
court, in the sum of 10 
    percent of the reasonable value of the property as
alleged 
    by the State's Attorney or the sum of $100, whichever is 
    greater,
upon condition that, in the case of forfeiture, 
    the claimant must pay all
costs and expenses of forfeiture 
    proceedings, then the State's Attorney
shall institute 
    judicial in rem forfeiture proceedings and deposit the cost

    bond with the clerk of the court as described in Section 9 
    of this Act
within 45 days after receipt of the claim and 
    cost bond.  In lieu of a cost
bond, a person claiming 
    interest in the seized property may file, under
penalty of 
    perjury, an indigency affidavit.


        (3) If none of the seized property is forfeited in the 
    judicial in rem
proceeding, the clerk of the court shall 
    return to the claimant, unless the
court orders otherwise, 
    90% of the sum which has been deposited and shall
retain as 
    costs 10% of the money deposited.  If any of the seized 
    property
is forfeited under the judicial forfeiture 
    proceeding, the clerk of
the court shall transfer 90% of 
    the sum which has been deposited to the
State's Attorney 
    prosecuting the civil forfeiture to be applied to the
costs 
    of prosecution and the clerk shall retain as costs 10% of 
    the sum
deposited.

    (D) If no claim is filed or bond given within the 45 day 
period as
described in subsection (C) of Section 6 of this Act, 
the State's Attorney
shall declare the property forfeited and 
shall promptly notify the
owner and all known interest holders 
of the property and the Director of the
Illinois Department of 
State Police of the declaration of forfeiture and
the Director 
shall dispose of the property in accordance with law.

(Source: P.A. 94-556, eff. 9-11-05.)




Effective Date:  1/1/2012