Bill Text: IL HB0303 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that the defendant committed the offense of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of the Illinois Vehicle Code or a similar provision of a local ordinance and the defendant during the commission of the offense was driving his or her vehicle upon a roadway designated for one-way traffic in the opposite direction of the direction indicated by official traffic control devices.

Spectrum: Slight Partisan Bill (Democrat 29-17)

Status: (Enrolled) 2017-06-23 - Passed Both Houses [HB0303 Detail]

Download: Illinois-2017-HB0303-Enrolled.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Seizure and Forfeiture Reporting Act.
6 Section 5. Applicability. This Act is applicable to
7property seized or forfeited under the following provisions of
8law:
9 (1) Section 3.23 of the Illinois Food, Drug and
10 Cosmetic Act;
11 (2) Section 44.1 of the Environmental Protection Act;
12 (3) Section 105-55 of the Herptiles-Herps Act;
13 (4) Section 1-215 of the Fish and Aquatic Life Code;
14 (5) Section 1.25 of the Wildlife Code;
15 (6) Section 17-10.6 of the Criminal Code of 2012
16 (financial institution fraud);
17 (7) Section 28-5 of the Criminal Code of 2012
18 (gambling);
19 (8) Article 29B of the Criminal Code of 2012 (money
20 laundering);
21 (9) Article 33G of the Criminal Code of 2012 (Illinois
22 Street Gang and Racketeer Influenced And Corrupt
23 Organizations Law);

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1 (10) Article 36 of the Criminal Code of 2012 (seizure
2 and forfeiture of vessels, vehicles, and aircraft);
3 (11) Section 47-15 of the Criminal Code of 2012
4 (dumping garbage upon real property);
5 (12) Article 124B of the Code of Criminal procedure
6 (forfeiture);
7 (13) Drug Asset Forfeiture Procedure Act;
8 (14) Narcotics Profit Forfeiture Act;
9 (15) Illinois Streetgang Terrorism Omnibus Prevention
10 Act; and
11 (16) Illinois Securities Law of 1953.
12 Section 10. Reporting by law enforcement agency.
13 (a) Each law enforcement agency that seizes property
14subject to reporting under this Act shall report the following
15information about property seized or forfeited under State law:
16 (1) the name of the law enforcement agency that seized
17 the property;
18 (2) the date of the seizure;
19 (3) the type of property seized, including a building,
20 vehicle, boat, cash, negotiable security, or firearm,
21 except reporting is not required for seizures of contraband
22 including alcohol, gambling devices, drug paraphernalia,
23 and controlled substances;
24 (4) a description of the property seized and the
25 estimated value of the property and if the property is a

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1 conveyance, the description shall include the make, model,
2 year, and vehicle identification number or serial number;
3 and
4 (5) the location where the seizure occurred.
5 The filing requirement shall be met upon filing the form
64-64 with the State's Attorney's Office in the county where the
7forfeiture action is being commenced or with the Attorney
8General's Office if the forfeiture action is being commenced by
9that office, and the forwarding of the form 4-64 upon approval
10of the State's Attorney's Office or the Attorney General's
11Office to the Department of State Police Asset Forfeiture
12Section. With regard to seizures for which form 4-64 is not
13required to be filed, the filing requirement shall be met by
14the filing of an annual summary report with the Department of
15State Police no later than 60 days after December 31 of that
16year.
17 (b) Each law enforcement agency, including a drug task
18force or Metropolitan Enforcement Group (MEG) unit, that
19receives proceeds from forfeitures subject to reporting under
20this Act shall file an annual report with the Department of
21State Police no later than 60 days after December 31 of that
22year. The format of the report shall be developed by the
23Department of State Police and shall be completed by the law
24enforcement agency. The report shall include, at a minimum, the
25amount of funds and other property distributed to the law
26enforcement agency by the Department of State Police, the

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1amount of funds expended by the law enforcement agency, and the
2category of expenditure, including:
3 (1) crime, gang, or abuse prevention or intervention
4 programs;
5 (2) compensation or services for crime victims;
6 (3) witness protection, informant fees, and controlled
7 purchases of contraband;
8 (4) salaries, overtime, and benefits, as permitted by
9 law;
10 (5) operating expenses, including but not limited to,
11 capital expenditures for vehicles, firearms, equipment,
12 computers, furniture, office supplies, postage, printing,
13 membership fees paid to trade associations, and fees for
14 professional services including auditing, court reporting,
15 expert witnesses, and attorneys;
16 (6) travel, meals, entertainment, conferences,
17 training, and continuing education seminars; and
18 (7) other expenditures of forfeiture proceeds.
19 (c) The Department of State Police shall establish and
20maintain on its official website a public database that
21includes annual aggregate data for each law enforcement agency
22that reports seizures of property under subsection (a) of this
23Section, that receives distributions of forfeiture proceeds
24subject to reporting under this Act, or reports expenditures
25under subsection (b) of this Section. This aggregate data shall
26include, for each law enforcement agency:

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1 (1) the total number of asset seizures reported by each
2 law enforcement agency during the calendar year;
3 (2) the monetary value of all currency or its
4 equivalent seized by the law enforcement agency during the
5 calendar year;
6 (3) the number of conveyances seized by the law
7 enforcement agency during the calendar year, and the
8 aggregate estimated value;
9 (4) the aggregate estimated value of all other property
10 seized by the law enforcement agency during the calendar
11 year;
12 (5) the monetary value of distributions by the
13 Department of State Police of forfeited currency or auction
14 proceeds from forfeited property to the law enforcement
15 agency during the calendar year; and
16 (6) the total amount of the law enforcement agency's
17 expenditures of forfeiture proceeds during the calendar
18 year, categorized as provided under subsection (b) of this
19 Section.
20 The database shall not provide names, addresses, phone
21numbers, or other personally identifying information of owners
22or interest holders, persons, business entities, covert office
23locations, or business entities involved in the forfeiture
24action and shall not disclose the vehicle identification number
25or serial number of any conveyance.
26 (d) The Department of State Police shall adopt rules to

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1administer the asset forfeiture program, including the
2categories of authorized expenditures consistent with the
3statutory guidelines for each of the included forfeiture
4statutes, the use of forfeited funds, other expenditure
5requirements, and the reporting of seizure and forfeiture
6information. The Department may adopt rules necessary to
7implement this Act through the use of emergency rulemaking
8under Section 5-45 of the Illinois Administrative Procedure Act
9for a period not to exceed 180 days after the effective date of
10this Act.
11 (e) The Department of State Police shall have authority and
12oversight over all law enforcement agencies receiving
13forfeited funds from the Department. This authority shall
14include enforcement of rules and regulations adopted by the
15Department and sanctions for violations of any rules and
16regulations, including the withholding of distributions of
17forfeiture proceeds from the law enforcement agency in
18violation.
19 (f) Upon application by a law enforcement agency to the
20Department of State Police, the reporting of a particular asset
21forfeited under this Section may be delayed if the asset in
22question was seized from a person who has become a confidential
23informant under the agency's confidential informant policy, or
24if the asset was seized as part of an ongoing investigation.
25This delayed reporting shall be granted by the Department of
26State Police for a maximum period of 6 months if the

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1confidential informant is still providing cooperation to law
2enforcement or the investigation is still ongoing, and at that
3time the asset shall be reported as required under this Act.
4 (g) The Department of State Police shall on or before
5January 1, 2019, establish and implement the requirements of
6this Act. In order to implement the reporting and public
7database requirements under this Act, the Department of State
8Police Asset Forfeiture Section requires a one-time upgrade of
9its information technology software and hardware. This
10one-time upgrade shall be funded by a temporary allocation of
115% of all forfeited currency and 5% of the auction proceeds
12from each forfeited asset, which are to be distributed after
13the effective date of this Act. The Department of State Police
14shall transfer these funds at the time of distribution to a
15separate fund established by the Department of State Police.
16Monies deposited in this fund shall be accounted for and shall
17be used only to pay for the actual one-time cost of purchasing
18and installing the hardware and software required to comply
19with this new reporting and public database requirement. Monies
20deposited in the fund shall not be subject to re-appropriation,
21reallocation, or redistribution for any other purpose. After
22sufficient funds are transferred to the fund to cover the
23actual one-time cost of purchasing and installing the hardware
24and software required to comply with this new reporting and
25public database requirement, no additional funds shall be
26transferred to the fund for any purpose. At the completion of

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1the one-time upgrade of the information technology hardware and
2software to comply with this new reporting and public database
3requirement, any remaining funds in the fund shall be returned
4to the participating agencies under the distribution
5requirements of the statutes from which the funds were
6transferred, and the fund shall no longer exist.
7 (h)(1) The Department of State Police, in consultation with
8and subject to the approval of the Chief Procurement Officer,
9may procure a single contract or multiple contracts to
10implement the provisions of this Act.
11 (2) A contract or contracts under this subsection (h)
12 are not subject to the Illinois Procurement Code, except
13 for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50
14 of that Code, provided that the Chief Procurement Officer
15 may, in writing with justification, waive any
16 certification required under Article 50 of the Illinois
17 Procurement Code. The provisions of this paragraph (2),
18 other than this sentence, are inoperative on and after July
19 1, 2019.
20 Section 15. Fund audits.
21 (a) The Auditor General shall conduct as a part of its 2
22year compliance audit, an audit of the State Asset Forfeiture
23Fund for compliance with the requirements of this Act. The
24audit shall include, but not be limited to, the following
25determinations:

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1 (1) if detailed records of all receipts and
2 disbursements from the State Asset Forfeiture Fund are
3 being maintained;
4 (2) if administrative costs charged to the fund are
5 adequately documented and are reasonable; and
6 (3) if the procedures for making disbursements under
7 the Act are adequate.
8 (b) The Department of State Police, and any other entity or
9person that may have information relevant to the audit, shall
10cooperate fully and promptly with the Office of the Auditor
11General in conducting the audit. The Auditor General shall
12begin the audit during the next regular two year compliance
13audit of the Department of State Police and distribute the
14report upon completion under Section 3-14 of the Illinois State
15Auditing Act.
16 Section 105. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
18 (5 ILCS 140/7.5)
19 Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be exempt
21from inspection and copying:
22 (a) All information determined to be confidential
23 under Section 4002 of the Technology Advancement and
24 Development Act.

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1 (b) Library circulation and order records identifying
2 library users with specific materials under the Library
3 Records Confidentiality Act.
4 (c) Applications, related documents, and medical
5 records received by the Experimental Organ Transplantation
6 Procedures Board and any and all documents or other records
7 prepared by the Experimental Organ Transplantation
8 Procedures Board or its staff relating to applications it
9 has received.
10 (d) Information and records held by the Department of
11 Public Health and its authorized representatives relating
12 to known or suspected cases of sexually transmissible
13 disease or any information the disclosure of which is
14 restricted under the Illinois Sexually Transmissible
15 Disease Control Act.
16 (e) Information the disclosure of which is exempted
17 under Section 30 of the Radon Industry Licensing Act.
18 (f) Firm performance evaluations under Section 55 of
19 the Architectural, Engineering, and Land Surveying
20 Qualifications Based Selection Act.
21 (g) Information the disclosure of which is restricted
22 and exempted under Section 50 of the Illinois Prepaid
23 Tuition Act.
24 (h) Information the disclosure of which is exempted
25 under the State Officials and Employees Ethics Act, and
26 records of any lawfully created State or local inspector

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1 general's office that would be exempt if created or
2 obtained by an Executive Inspector General's office under
3 that Act.
4 (i) Information contained in a local emergency energy
5 plan submitted to a municipality in accordance with a local
6 emergency energy plan ordinance that is adopted under
7 Section 11-21.5-5 of the Illinois Municipal Code.
8 (j) Information and data concerning the distribution
9 of surcharge moneys collected and remitted by wireless
10 carriers under the Wireless Emergency Telephone Safety
11 Act.
12 (k) Law enforcement officer identification information
13 or driver identification information compiled by a law
14 enforcement agency or the Department of Transportation
15 under Section 11-212 of the Illinois Vehicle Code.
16 (l) Records and information provided to a residential
17 health care facility resident sexual assault and death
18 review team or the Executive Council under the Abuse
19 Prevention Review Team Act.
20 (m) Information provided to the predatory lending
21 database created pursuant to Article 3 of the Residential
22 Real Property Disclosure Act, except to the extent
23 authorized under that Article.
24 (n) Defense budgets and petitions for certification of
25 compensation and expenses for court appointed trial
26 counsel as provided under Sections 10 and 15 of the Capital

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1 Crimes Litigation Act. This subsection (n) shall apply
2 until the conclusion of the trial of the case, even if the
3 prosecution chooses not to pursue the death penalty prior
4 to trial or sentencing.
5 (o) Information that is prohibited from being
6 disclosed under Section 4 of the Illinois Health and
7 Hazardous Substances Registry Act.
8 (p) Security portions of system safety program plans,
9 investigation reports, surveys, schedules, lists, data, or
10 information compiled, collected, or prepared by or for the
11 Regional Transportation Authority under Section 2.11 of
12 the Regional Transportation Authority Act or the St. Clair
13 County Transit District under the Bi-State Transit Safety
14 Act.
15 (q) Information prohibited from being disclosed by the
16 Personnel Records Review Act.
17 (r) Information prohibited from being disclosed by the
18 Illinois School Student Records Act.
19 (s) Information the disclosure of which is restricted
20 under Section 5-108 of the Public Utilities Act.
21 (t) All identified or deidentified health information
22 in the form of health data or medical records contained in,
23 stored in, submitted to, transferred by, or released from
24 the Illinois Health Information Exchange, and identified
25 or deidentified health information in the form of health
26 data and medical records of the Illinois Health Information

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1 Exchange in the possession of the Illinois Health
2 Information Exchange Authority due to its administration
3 of the Illinois Health Information Exchange. The terms
4 "identified" and "deidentified" shall be given the same
5 meaning as in the Health Insurance Portability and
6 Accountability Act of 1996, Public Law 104-191, or any
7 subsequent amendments thereto, and any regulations
8 promulgated thereunder.
9 (u) Records and information provided to an independent
10 team of experts under Brian's Law.
11 (v) Names and information of people who have applied
12 for or received Firearm Owner's Identification Cards under
13 the Firearm Owners Identification Card Act or applied for
14 or received a concealed carry license under the Firearm
15 Concealed Carry Act, unless otherwise authorized by the
16 Firearm Concealed Carry Act; and databases under the
17 Firearm Concealed Carry Act, records of the Concealed Carry
18 Licensing Review Board under the Firearm Concealed Carry
19 Act, and law enforcement agency objections under the
20 Firearm Concealed Carry Act.
21 (w) Personally identifiable information which is
22 exempted from disclosure under subsection (g) of Section
23 19.1 of the Toll Highway Act.
24 (x) Information which is exempted from disclosure
25 under Section 5-1014.3 of the Counties Code or Section
26 8-11-21 of the Illinois Municipal Code.

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1 (y) Confidential information under the Adult
2 Protective Services Act and its predecessor enabling
3 statute, the Elder Abuse and Neglect Act, including
4 information about the identity and administrative finding
5 against any caregiver of a verified and substantiated
6 decision of abuse, neglect, or financial exploitation of an
7 eligible adult maintained in the Registry established
8 under Section 7.5 of the Adult Protective Services Act.
9 (z) Records and information provided to a fatality
10 review team or the Illinois Fatality Review Team Advisory
11 Council under Section 15 of the Adult Protective Services
12 Act.
13 (aa) Information which is exempted from disclosure
14 under Section 2.37 of the Wildlife Code.
15 (bb) Information which is or was prohibited from
16 disclosure by the Juvenile Court Act of 1987.
17 (cc) Recordings made under the Law Enforcement
18 Officer-Worn Body Camera Act, except to the extent
19 authorized under that Act.
20 (dd) Information that is prohibited from being
21 disclosed under Section 45 of the Condominium and Common
22 Interest Community Ombudsperson Act.
23 (ee) (dd) Information that is exempted from disclosure
24 under Section 30.1 of the Pharmacy Practice Act.
25 (ff) Information prohibited from disclosure under the
26 Seizure and Forfeiture Reporting Act.

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1(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
2eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
399-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
499-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
58-19-16; revised 9-1-16.)
6 Section 110. The Illinois Food, Drug and Cosmetic Act is
7amended by changing Section 3.23 as follows:
8 (410 ILCS 620/3.23)
9 Sec. 3.23. Legend drug prohibition.
10 (a) In this Section:
11 "Legend drug" means a drug limited by the Federal Food,
12Drug and Cosmetic Act to being dispensed by or upon a medical
13practitioner's prescription because the drug is:
14 (1) habit forming;
15 (2) toxic or having potential for harm; or
16 (3) limited in use by the new drug application for the
17 drug to use only under a medical practitioner's
18 supervision.
19 "Medical practitioner" means any person licensed to
20practice medicine in all its branches in the State.
21 "Deliver" or "delivery" means the actual, constructive, or
22attempted transfer of possession of a legend drug, with or
23without consideration, whether or not there is an agency
24relationship.

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1 "Manufacture" means the production, preparation,
2propagation, compounding, conversion, or processing of a
3legend drug, either directly or indirectly, by extraction from
4substances of natural origin, or independently by means of
5chemical synthesis, or by a combination of extraction and
6chemical synthesis, and includes any packaging or repackaging
7of the substance or labeling of its container. "Manufacture"
8does not include:
9 (1) by an ultimate user, the preparation or compounding
10 of a legend drug for his own use; or
11 (2) by a medical practitioner, or his authorized agent
12 under his supervision, the preparation, compounding,
13 packaging, or labeling of a legend drug:
14 (A) as an incident to his administering or
15 dispensing of a legend drug in the course of his
16 professional practice; or
17 (B) as an incident to lawful research, teaching, or
18 chemical analysis and not for sale.
19 "Prescription" has the same meaning ascribed to it in
20Section 3 of the Pharmacy Practice Act.
21 (b) It is unlawful for any person to knowingly manufacture
22or deliver or possess with the intent to manufacture or deliver
23a legend drug of 6 or more pills, tablets, capsules, or caplets
24or 30 ml or more of a legend drug in liquid form who is not
25licensed by applicable law to prescribe or dispense legend
26drugs or is not an employee of the licensee operating in the

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1normal course of business under the supervision of the
2licensee. Any person who violates this Section is guilty of a
3Class 3 felony, the fine for which shall not exceed $100,000. A
4person convicted of a second or subsequent violation of this
5Section is guilty of a Class 1 felony, the fine for which shall
6not exceed $250,000.
7 (c) The following are subject to forfeiture:
8 (1) (blank); all substances that have been
9 manufactured, distributed, dispensed, or possessed in
10 violation of this Act;
11 (2) all raw materials, products, and equipment of any
12 kind which are used, or intended for use in manufacturing,
13 distributing, dispensing, administering, or possessing any
14 substance in violation of this Section Act;
15 (3) all conveyances, including aircraft, vehicles, or
16 vessels, which are used, or intended for use, to transport,
17 or in any manner to facilitate the transportation, sale,
18 receipt, possession, or concealment of any substance
19 manufactured, distributed, dispensed, or possessed in
20 violation of this Section or property described in
21 paragraph items (1) and (2) of this subsection (c), but:
22 (A) no conveyance used by any person as a common
23 carrier in the transaction of business as a common
24 carrier is subject to forfeiture under this Section
25 unless it appears that the owner or other person in
26 charge of the conveyance is a consenting party or privy

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1 to the a violation of this Act;
2 (B) no conveyance is subject to forfeiture under
3 this Section by reason of any act or omission which the
4 owner proves to have been committed or omitted without
5 his knowledge or consent; and
6 (C) a forfeiture of a conveyance encumbered by a
7 bona fide security interest is subject to the interest
8 of the secured party if he neither had knowledge of nor
9 consented to the act or omission;
10 (4) all money, things of value, books, records, and
11 research products and materials including formulas,
12 microfilm, tapes, and data that are used, or intended to be
13 used in violation of this Section Act;
14 (5) everything of value furnished, or intended to be
15 furnished, in exchange for a substance in violation of this
16 Section Act, all proceeds traceable to such an exchange,
17 and all moneys, negotiable instruments, and securities
18 used, or intended to be used, to commit or in any manner to
19 facilitate any violation of this Section Act; and
20 (6) all real property, including any right, title, and
21 interest, including, but not limited to, any leasehold
22 interest or the beneficial interest in a land trust, in the
23 whole of any lot or tract of land and any appurtenances or
24 improvements, which is used or intended to be used, in any
25 manner or part, to commit, or in any manner to facilitate
26 the commission of, any violation or act that constitutes a

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1 violation of this Section 33.1 of this Act or that is the
2 proceeds of any violation or act that constitutes a
3 violation of this Section 33.1 of this Act.
4 (d) Property subject to forfeiture under this Act may be
5seized under the Drug Asset Forfeiture Procedure Act. In the
6event of seizure, forfeiture proceedings shall be instituted
7under the Drug Asset Forfeiture Procedure Act. by the Director
8of the Department of State Police or any peace officer upon
9process or seizure warrant issued by any court having
10jurisdiction over the property. Seizure by the Director of the
11Department of State Police or any peace officer without process
12may be made:
13 (1) if the seizure is incident to inspection under an
14 administrative inspection warrant;
15 (2) if the property subject to seizure has been the
16 subject of a prior judgment in favor of the State in a
17 criminal proceeding, or in an injunction or forfeiture
18 proceeding based upon this Act or the Drug Asset Forfeiture
19 Procedure Act;
20 (3) if there is probable cause to believe that the
21 property is directly or indirectly dangerous to health or
22 safety;
23 (4) if there is probable cause to believe that the
24 property is subject to forfeiture under this Act and the
25 property is seized under circumstances in which a
26 warrantless seizure or arrest would be reasonable; or

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1 (5) in accordance with the Code of Criminal Procedure
2 of 1963.
3 (e) Forfeiture under this Act is subject to an 8th
4amendment to the United States Constitution disproportionate
5penalties analysis as provided under Section 9.5 of the Drug
6Asset Forfeiture Procedure Act. In the event of seizure
7pursuant to subsection (c) of this Section, forfeiture
8proceedings shall be instituted in accordance with the Drug
9Asset Forfeiture Procedure Act.
10 (f) With regard to possession of legend drug offenses only,
11a sum of currency with a value of less than $500 shall not be
12subject to forfeiture under this Act. For all other offenses
13under this Act, currency with a value of under $100 shall not
14be subject to forfeiture under this Act. Property taken or
15detained under this Section shall not be subject to replevin,
16but is deemed to be in the custody of the Director of the
17Department of State Police subject only to the order and
18judgments of the circuit court having jurisdiction over the
19forfeiture proceedings and the decisions of the State's
20Attorney under the Drug Asset Forfeiture Procedure Act. If
21property is seized under this Act, then the seizing agency
22shall promptly conduct an inventory of the seized property and
23estimate the property's value, and shall forward a copy of the
24inventory of seized property and the estimate of the property's
25value to the Director of the Department of State Police. Upon
26receiving notice of seizure, the Secretary may:

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1 (1) place the property under seal;
2 (2) remove the property to a place designated by the
3 Secretary;
4 (3) keep the property in the possession of the seizing
5 agency;
6 (4) remove the property to a storage area for
7 safekeeping or, if the property is a negotiable instrument
8 or money and is not needed for evidentiary purposes,
9 deposit it in an interest bearing account;
10 (5) place the property under constructive seizure by
11 posting notice of pending forfeiture on it, by giving
12 notice of pending forfeiture to its owners and interest
13 holders, or by filing notice of pending forfeiture in any
14 appropriate public record relating to the property; or
15 (6) provide for another agency or custodian, including
16 an owner, secured party, or lienholder, to take custody of
17 the property upon the terms and conditions set by the
18 Director of the Department of State Police.
19 (f-5) For felony offenses involving possession of legend
20drug only, no property shall be subject to forfeiture under
21this Act because of the possession of less than 2 single unit
22doses of a controlled substance. This exemption shall not apply
23in instances when the possessor, or another person at the
24direction of the possessor, is engaged in the destruction of
25any amount of a legend drug. The amount of a single unit dose
26shall be the State's burden to prove in their case in chief.

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1 (g) If the Department suspends or revokes a registration,
2all legend drugs owned or possessed by the registrant at the
3time of suspension or the effective date of the revocation
4order may be placed under seal. No disposition may be made of
5substances under seal until the time for taking an appeal has
6elapsed or until all appeals have been concluded unless a
7court, upon application therefor, orders the sale of perishable
8substances and the deposit of the proceeds of the sale with the
9court. Upon a revocation rule becoming final, all substances
10are subject to seizure and forfeiture under the Drug Asset
11Forfeiture Procedure Act may be forfeited to the Department.
12 (h) (Blank). If property is forfeited under this Act, then
13the Director of the Department of State Police must sell all
14such property unless such property is required by law to be
15destroyed or is harmful to the public, and shall distribute the
16proceeds of the sale, together with any moneys forfeited or
17seized, in accordance with subsection (i) of this Section. Upon
18the application of the seizing agency or prosecutor who was
19responsible for the investigation, arrest or arrests, and
20prosecution that led to the forfeiture, the Director of the
21Department of State Police may return any item of forfeited
22property to the seizing agency or prosecutor for official use
23in the enforcement of laws if the agency or prosecutor can
24demonstrate that the item requested would be useful to the
25agency or prosecutor in their enforcement efforts. If any
26forfeited conveyance, including an aircraft, vehicle, or

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1vessel, is returned to the seizing agency or prosecutor, then
2the conveyance may be used immediately in the enforcement of
3the criminal laws of the State. Upon disposal, all proceeds
4from the sale of the conveyance must be used for drug
5enforcement purposes. If any real property returned to the
6seizing agency is sold by the agency or its unit of government,
7then the proceeds of the sale shall be delivered to the
8Director of the Department of State Police and distributed in
9accordance with subsection (i) of this Section.
10 (i) (Blank). All moneys and the sale proceeds of all other
11property forfeited and seized under this Act shall be
12distributed as follows:
13 (1) 65% shall be distributed to the metropolitan
14 enforcement group, local, municipal, county, or State law
15 enforcement agency or agencies which conducted or
16 participated in the investigation resulting in the
17 forfeiture. The distribution shall bear a reasonable
18 relationship to the degree of direct participation of the
19 law enforcement agency in the effort resulting in the
20 forfeiture, taking into account the total value of the
21 property forfeited and the total law enforcement effort
22 with respect to the violation of the law upon which the
23 forfeiture is based. Amounts distributed to the agency or
24 agencies shall be used for the enforcement of laws.
25 (2) 12.5% shall be distributed to the Office of the
26 State's Attorney of the county in which the prosecution

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1 resulting in the forfeiture was instituted, deposited in a
2 special fund in the county treasury and appropriated to the
3 State's Attorney for use in the enforcement of laws. In
4 counties over 3,000,000 population, 25% will be
5 distributed to the Office of the State's Attorney for use
6 in the enforcement of laws governing cannabis and
7 controlled substances. If the prosecution is undertaken
8 solely by the Attorney General, the portion provided
9 hereunder shall be distributed to the Attorney General for
10 use in the enforcement of laws.
11 (3) 12.5% shall be distributed to the Office of the
12 State's Attorneys Appellate Prosecutor and deposited in a
13 separate fund of that office to be used for additional
14 expenses incurred in the investigation, prosecution and
15 appeal of cases. The Office of the State's Attorneys
16 Appellate Prosecutor shall not receive distribution from
17 cases brought in counties with over 3,000,000 population.
18 (4) 10% shall be retained by the Department of State
19 Police for expenses related to the administration and sale
20 of seized and forfeited property.
21 (j) Contraband, including legend drugs possessed without a
22prescription or other authorization under State or federal law,
23is not subject to forfeiture. No property right exists in
24contraband. Contraband is subject to seizure and shall be
25disposed of according to State law.
26(Source: P.A. 96-573, eff. 8-18-09.)

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1 Section 115. The Environmental Protection Act is amended by
2changing Section 44.1 as follows:
3 (415 ILCS 5/44.1) (from Ch. 111 1/2, par. 1044.1)
4 Sec. 44.1. (a) In addition to all other civil and criminal
5penalties provided by law, any person convicted of a criminal
6violation of this Act or the regulations adopted thereunder
7shall forfeit to the State (1) an amount equal to the value of
8all profits earned, savings realized, and benefits incurred as
9a direct or indirect result of such violation, and (2) any
10vehicle or conveyance used in the perpetration of such
11violation, except as provided in subsection (b).
12 (b) Forfeiture of conveyances shall be subject to the
13following exceptions:
14 (1) No conveyance used by any person as a common
15 carrier in the transaction of business as a common carrier
16 is subject to forfeiture under this Section unless it is
17 proven that the owner or other person in charge of the
18 conveyance consented to or was privy to the covered
19 violation.
20 (2) No conveyance is subject to forfeiture under this
21 Section by reason of any covered violation which the owner
22 proves to have been committed without his knowledge or
23 consent.
24 (3) A forfeiture of a conveyance encumbered by a bona

HB0303 Enrolled- 26 -LRB100 05313 RLC 15324 b
1 fide security interest is subject to the interest of the
2 secured party if he neither had knowledge of nor consented
3 to the covered violation.
4 (c) Except as provided in subsection (d), all property
5subject to forfeiture under this Section shall be seized
6pursuant to the order of a circuit court.
7 (d) Property subject to forfeiture under this Section may
8be seized by the Director or any peace officer without process:
9 (1) if the seizure is incident to an inspection under
10 an administrative inspection warrant, or incident to the
11 execution of a criminal search or arrest warrant;
12 (2) if the property subject to seizure has been the
13 subject of a prior judgment in favor of the State in a
14 criminal proceeding, or in an injunction or forfeiture
15 proceeding based upon this Act; or
16 (3) if there is probable cause to believe that the
17 property is directly or indirectly dangerous to health or
18 safety.
19 (e) Property taken or detained under this Section shall not
20be subject to forcible entry and detainer or replevin, but is
21deemed to be in the custody of the Director subject only to the
22order and judgments of the circuit court having jurisdiction
23over the forfeiture proceedings. When property is seized under
24this Act, the Director may:
25 (1) place the property under seal;
26 (2) secure the property or remove the property to a

HB0303 Enrolled- 27 -LRB100 05313 RLC 15324 b
1 place designated by him; or
2 (3) require the sheriff of the county in which the
3 seizure occurs to take custody of the property and secure
4 or remove it to an appropriate location for disposition in
5 accordance with law.
6 (f) All amounts forfeited under item (1) of subsection (a)
7shall be apportioned in the following manner:
8 (1) 40% shall be deposited in the Hazardous Waste Fund
9 created in Section 22.2;
10 (2) 30% shall be paid to the office of the Attorney
11 General or the State's Attorney of the county in which the
12 violation occurred, whichever brought and prosecuted the
13 action; and
14 (3) 30% shall be paid to the law enforcement agency
15 which investigated the violation.
16 Any funds received under this subsection (f) shall be used
17solely for the enforcement of the environmental protection laws
18of this State.
19 (g) When property is forfeited under this Section the court
20may order:
21 (1) that the property shall be made available for the
22 official use of the Agency, the Office of the Attorney
23 General, the State's Attorney of the county in which the
24 violation occurred, or the law enforcement agency which
25 investigated the violation, to be used solely for the
26 enforcement of the environmental protection laws of this

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1 State;
2 (2) the sheriff of the county in which the forfeiture
3 occurs to take custody of the property and remove it for
4 disposition in accordance with law; or
5 (3) the sheriff of the county in which the forfeiture
6 occurs to sell that which is not required to be destroyed
7 by law and which is not harmful to the public. The proceeds
8 of such sale shall be used for payment of all proper
9 expenses of the proceedings for forfeiture and sale,
10 including expenses of seizure, maintenance of custody,
11 advertising and court costs, and the balance, if any, shall
12 be apportioned pursuant to subsection (f).
13 (h) Property seized or forfeited under this Section is
14subject to reporting under the Seizure and Forfeiture Reporting
15Act.
16(Source: P.A. 85-487.)
17 Section 120. The Herptiles-Herps Act is amended by changing
18Section 105-55 as follows:
19 (510 ILCS 68/105-55)
20 Sec. 105-55. Illegal collecting devices; public nuisance.
21Every collecting device, including seines, nets, traps,
22pillowcases, bags, snake hooks or tongs, or any electrical
23device or any other devices including vehicles or conveyance,
24watercraft, or aircraft used or operated illegally or attempted

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1to be used or operated illegally by any person in taking,
2transporting, holding, or conveying any reptile or amphibian
3life or any part of reptile or amphibian life, contrary to this
4Act, including administrative rules, shall be deemed a public
5nuisance and therefore illegal and subject to seizure and
6confiscation by any authorized employee of the Department. Upon
7the seizure of this item, the Department shall take and hold
8the item until disposed of as provided in this Act.
9 Upon the seizure of any device because of its illegal use,
10the officer or authorized employee of the Department making the
11seizure shall, as soon as reasonably possible, cause a
12complaint to be filed before the circuit court and a summons to
13be issued requiring the owner or person in possession of the
14property to appear in court and show cause why the device
15seized should not be forfeited to the State. Upon the return of
16the summons duly served or upon posting or publication of
17notice as provided in this Act, the court shall proceed to
18determine the question of the illegality of the use of the
19seized property. Upon judgment being entered that the property
20was illegally used, an order shall be entered providing for the
21forfeiture of the seized property to the State. The owner of
22the property may have a jury determine the illegality of its
23use and shall have the right of an appeal as in other civil
24cases. Confiscation or forfeiture shall not preclude or
25mitigate against prosecution and assessment of penalties
26provided in Article 90 of this Act.

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1 Upon seizure of any property under circumstances
2supporting a reasonable belief that the property was abandoned,
3lost, stolen, or otherwise illegally possessed or used contrary
4to this Act, except property seized during a search or arrest,
5and ultimately returned, destroyed, or otherwise disposed of
6under order of a court in accordance with this Act, the
7authorized employee of the Department shall make reasonable
8inquiry and efforts to identify and notify the owner or other
9person entitled to possession of the property and shall return
10the property after the person provides reasonable and
11satisfactory proof of his or her ownership or right to
12possession and reimburses the Department for all reasonable
13expenses of custody. If the identity or location of the owner
14or other person entitled to possession of the property has not
15been ascertained within 6 months after the Department obtains
16possession, the Department shall effectuate the sale of the
17property for cash to the highest bidder at a public auction.
18The owner or other person entitled to possession of the
19property may claim and recover possession of the property at
20any time before its sale at public auction upon providing
21reasonable and satisfactory proof of ownership or right of
22possession and reimbursing the Department for all reasonable
23expenses of custody.
24 Any property forfeited to the State by court order under
25this Section may be disposed of by public auction, except that
26any property that is the subject of a court order shall not be

HB0303 Enrolled- 31 -LRB100 05313 RLC 15324 b
1disposed of pending appeal of the order. The proceeds of the
2sales at auction shall be deposited in the Wildlife and Fish
3Fund.
4 The Department shall pay all costs of posting or
5publication of notices required by this Section.
6 Property seized or forfeited under this Section is subject
7to reporting under the Seizure and Forfeiture Reporting Act.
8(Source: P.A. 98-752, eff. 1-1-15.)
9 Section 125. The Fish and Aquatic Life Code is amended by
10changing Section 1-215 as follows:
11 (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
12 Sec. 1-215. Illegal fishing devices; public nuisance.
13Every fishing device, including seines, nets, or traps, or any
14electrical device or any other devices, including vehicles,
15watercraft, or aircraft, used or operated illegally or
16attempted to be used or operated illegally by any person in
17taking, transporting, holding, or conveying any aquatic life
18contrary to this Code, including administrative rules, shall be
19deemed a public nuisance and therefore illegal and subject to
20seizure and confiscation by any authorized employee of the
21Department. Upon the seizure of such an item the Department
22shall take and hold the item until disposed of as provided in
23this Code.
24 Upon the seizure of any device because of its illegal use,

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1the officer or authorized employee of the Department making the
2seizure shall, as soon as reasonably possible, cause a
3complaint to be filed before the Circuit Court and a summons to
4be issued requiring the owner or person in possession of the
5property to appear in court and show cause why the device
6seized should not be forfeited to the State. Upon the return of
7the summons duly served or upon posting or publication of
8notice as provided in this Code, the court shall proceed to
9determine the question of the illegality of the use of the
10seized property. Upon judgment being entered to the effect that
11the property was illegally used, an order shall be entered
12providing for the forfeiture of the seized property to the
13State. The owner of the property, however, may have a jury
14determine the illegality of its use, and shall have the right
15of an appeal as in other civil cases. Confiscation or
16forfeiture shall not preclude or mitigate against prosecution
17and assessment of penalties provided in Section 20-35 of this
18Code.
19 Upon seizure of any property under circumstances
20supporting a reasonable belief that the property was abandoned,
21lost, stolen, or otherwise illegally possessed or used contrary
22to this Code, except property seized during a search or arrest,
23and ultimately returned, destroyed, or otherwise disposed of
24under order of a court in accordance with this Code, the
25authorized employee of the Department shall make reasonable
26inquiry and efforts to identify and notify the owner or other

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1person entitled to possession of the property and shall return
2the property after the person provides reasonable and
3satisfactory proof of his or her ownership or right to
4possession and reimburses the Department for all reasonable
5expenses of custody. If the identity or location of the owner
6or other person entitled to possession of the property has not
7been ascertained within 6 months after the Department obtains
8possession, the Department shall effectuate the sale of the
9property for cash to the highest bidder at a public auction.
10The owner or other person entitled to possession of the
11property may claim and recover possession of the property at
12any time before its sale at public auction upon providing
13reasonable and satisfactory proof of ownership or right of
14possession and reimbursing the Department for all reasonable
15expenses of custody.
16 Any property forfeited to the State by court order under
17this Section may be disposed of by public auction, except that
18any property that is the subject of a court order shall not be
19disposed of pending appeal of the order. The proceeds of the
20sales at auction shall be deposited in the Wildlife and Fish
21Fund.
22 The Department shall pay all costs of posting or
23publication of notices required by this Section.
24 Property seized or forfeited under this Section is subject
25to reporting under the Seizure and Forfeiture Reporting Act.
26(Source: P.A. 87-833.)

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1 Section 130. The Wildlife Code is amended by changing
2Section 1.25 as follows:
3 (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
4 Sec. 1.25. Every hunting or trapping device, vehicle or
5conveyance, when used or operated illegally, or attempted to be
6used or operated illegally by any person in taking,
7transporting, holding, or conveying any wild bird or wild
8mammal, contrary to the provisions of this Act, including
9administrative rules, is a public nuisance and subject to
10seizure and confiscation by any authorized employee of the
11Department; upon the seizure of such item the Department shall
12take and hold the same until disposed of as hereinafter
13provided.
14 Upon the seizure of any property as herein provided, the
15authorized employee of the Department making such seizure shall
16forthwith cause a complaint to be filed before the Circuit
17Court and a summons to be issued requiring the person who
18illegally used or operated or attempted to use or operate such
19property and the owner and person in possession of such
20property to appear in court and show cause why the property
21seized should not be forfeited to the State. Upon the return of
22the summons duly served or other notice as herein provided, the
23court shall proceed to determine the question of the illegality
24of the use of the seized property and upon judgment being

HB0303 Enrolled- 35 -LRB100 05313 RLC 15324 b
1entered to the effect that such property was illegally used, an
2order may be entered providing for the forfeiture of such
3seized property to the Department and shall thereupon become
4the property of the Department; but the owner of such property
5may have a jury determine the illegality of its use, and shall
6have the right of an appeal, as in other cases. Such
7confiscation or forfeiture shall not preclude or mitigate
8against prosecution and assessment of penalties otherwise
9provided in this Act.
10 Upon seizure of any property under circumstances
11supporting a reasonable belief that such property was
12abandoned, lost or stolen or otherwise illegally possessed or
13used contrary to the provisions of this Act, except property
14seized during a search or arrest, and ultimately returned,
15destroyed, or otherwise disposed of pursuant to order of a
16court in accordance with this Act, the authorized employee of
17the Department shall make reasonable inquiry and efforts to
18identify and notify the owner or other person entitled to
19possession thereof, and shall return the property after such
20person provides reasonable and satisfactory proof of his
21ownership or right to possession and reimburses the Department
22for all reasonable expenses of such custody. If the identity or
23location of the owner or other person entitled to possession of
24the property has not been ascertained within 6 months after the
25Department obtains such possession, the Department shall
26effectuate the sale of the property for cash to the highest

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1bidder at a public auction. The owner or other person entitled
2to possession of such property may claim and recover possession
3of the property at any time before its sale at public auction,
4upon providing reasonable and satisfactory proof of ownership
5or right of possession and reimbursing the Department for all
6reasonable expenses of custody thereof.
7 Any property, including guns, forfeited to the State by
8court order pursuant to this Section, may be disposed of by
9public auction, except that any property which is the subject
10of such a court order shall not be disposed of pending appeal
11of the order. The proceeds of the sales at auction shall be
12deposited in the Wildlife and Fish Fund.
13 The Department shall pay all costs of notices required by
14this Section.
15 Property seized or forfeited under this Section is subject
16to reporting under the Seizure and Forfeiture Reporting Act.
17(Source: P.A. 85-152.)
18 Section 135. The Criminal Code of 2012 is amended by
19changing Sections 17-10.6, 28-5, 29B-1, 33G-6, 36-1, 36-1.5,
2036-2, 36-3, and 47-15 and by adding Sections 36-1.1, 36-1.2,
2136-1.3, 36-1.4, 36-2.1, 36-2.2, 36-2.5, 36-2.7, 36-3.1, 36-6,
2236-7, and 36-9 as follows:
23 (720 ILCS 5/17-10.6)
24 Sec. 17-10.6. Financial institution fraud.

HB0303 Enrolled- 37 -LRB100 05313 RLC 15324 b
1 (a) Misappropriation of financial institution property. A
2person commits misappropriation of a financial institution's
3property whenever he or she knowingly obtains or exerts
4unauthorized control over any of the moneys, funds, credits,
5assets, securities, or other property owned by or under the
6custody or control of a financial institution, or under the
7custody or care of any agent, officer, director, or employee of
8such financial institution.
9 (b) Commercial bribery of a financial institution.
10 (1) A person commits commercial bribery of a financial
11 institution when he or she knowingly confers or offers or
12 agrees to confer any benefit upon any employee, agent, or
13 fiduciary without the consent of the latter's employer or
14 principal, with the intent to influence his or her conduct
15 in relation to his or her employer's or principal's
16 affairs.
17 (2) An employee, agent, or fiduciary of a financial
18 institution commits commercial bribery of a financial
19 institution when, without the consent of his or her
20 employer or principal, he or she knowingly solicits,
21 accepts, or agrees to accept any benefit from another
22 person upon an agreement or understanding that such benefit
23 will influence his or her conduct in relation to his or her
24 employer's or principal's affairs.
25 (c) Financial institution fraud. A person commits
26financial institution fraud when he or she knowingly executes

HB0303 Enrolled- 38 -LRB100 05313 RLC 15324 b
1or attempts to execute a scheme or artifice:
2 (1) to defraud a financial institution; or
3 (2) to obtain any of the moneys, funds, credits,
4 assets, securities, or other property owned by or under the
5 custody or control of a financial institution, by means of
6 pretenses, representations, or promises he or she knows to
7 be false.
8 (d) Loan fraud. A person commits loan fraud when he or she
9knowingly, with intent to defraud, makes any false statement or
10report, or overvalues any land, property, or security, with the
11intent to influence in any way the action of a financial
12institution to act upon any application, advance, discount,
13purchase, purchase agreement, repurchase agreement,
14commitment, or loan, or any change or extension of any of the
15same, by renewal, deferment of action, or otherwise, or the
16acceptance, release, or substitution of security.
17 (e) Concealment of collateral. A person commits
18concealment of collateral when he or she, with intent to
19defraud, knowingly conceals, removes, disposes of, or converts
20to the person's own use or to that of another any property
21mortgaged or pledged to or held by a financial institution.
22 (f) Financial institution robbery. A person commits
23robbery when he or she knowingly, by force or threat of force,
24or by intimidation, takes, or attempts to take, from the person
25or presence of another, or obtains or attempts to obtain by
26extortion, any property or money or any other thing of value

HB0303 Enrolled- 39 -LRB100 05313 RLC 15324 b
1belonging to, or in the care, custody, control, management, or
2possession of, a financial institution.
3 (g) Conspiracy to commit a financial crime.
4 (1) A person commits conspiracy to commit a financial
5 crime when, with the intent that any violation of this
6 Section be committed, he or she agrees with another person
7 to the commission of that offense.
8 (2) No person may be convicted of conspiracy to commit
9 a financial crime unless an overt act or acts in
10 furtherance of the agreement is alleged and proved to have
11 been committed by that person or by a co-conspirator and
12 the accused is a part of a common scheme or plan to engage
13 in the unlawful activity.
14 (3) It shall not be a defense to conspiracy to commit a
15 financial crime that the person or persons with whom the
16 accused is alleged to have conspired:
17 (A) has not been prosecuted or convicted;
18 (B) has been convicted of a different offense;
19 (C) is not amenable to justice;
20 (D) has been acquitted; or
21 (E) lacked the capacity to commit the offense.
22 (h) Continuing financial crimes enterprise. A person
23commits a continuing financial crimes enterprise when he or she
24knowingly, within an 18-month period, commits 3 or more
25separate offenses constituting any combination of the
26following:

HB0303 Enrolled- 40 -LRB100 05313 RLC 15324 b
1 (1) an offense under this Section;
2 (2) a felony offense in violation of Section 16A-3 or
3 subsection (a) of Section 16-25 or paragraph (4) or (5) of
4 subsection (a) of Section 16-1 of this Code for the purpose
5 of reselling or otherwise re-entering the merchandise in
6 commerce, including conveying the merchandise to a
7 merchant in exchange for anything of value; or
8 (3) if involving a financial institution, any other
9 felony offense under this Code.
10 (i) Organizer of a continuing financial crimes enterprise.
11 (1) A person commits being an organizer of a continuing
12 financial crimes enterprise when he or she:
13 (A) with the intent to commit any offense, agrees
14 with another person to the commission of any
15 combination of the following offenses on 3 or more
16 separate occasions within an 18-month period:
17 (i) an offense under this Section;
18 (ii) a felony offense in violation of Section
19 16A-3 or subsection (a) of Section 16-25 or
20 paragraph (4) or (5) of subsection (a) of Section
21 16-1 of this Code for the purpose of reselling or
22 otherwise re-entering the merchandise in commerce,
23 including conveying the merchandise to a merchant
24 in exchange for anything of value; or
25 (iii) if involving a financial institution,
26 any other felony offense under this Code; and

HB0303 Enrolled- 41 -LRB100 05313 RLC 15324 b
1 (B) with respect to the other persons within the
2 conspiracy, occupies a position of organizer,
3 supervisor, or financier or other position of
4 management.
5 (2) The person with whom the accused agreed to commit
6 the 3 or more offenses under this Section, or, if involving
7 a financial institution, any other felony offenses under
8 this Code, need not be the same person or persons for each
9 offense, as long as the accused was a part of the common
10 scheme or plan to engage in each of the 3 or more alleged
11 offenses.
12 (j) Sentence.
13 (1) Except as otherwise provided in this subsection, a
14 violation of this Section, the full value of which:
15 (A) does not exceed $500, is a Class A misdemeanor;
16 (B) does not exceed $500, and the person has been
17 previously convicted of a financial crime or any type
18 of theft, robbery, armed robbery, burglary,
19 residential burglary, possession of burglary tools, or
20 home invasion, is guilty of a Class 4 felony;
21 (C) exceeds $500 but does not exceed $10,000, is a
22 Class 3 felony;
23 (D) exceeds $10,000 but does not exceed $100,000,
24 is a Class 2 felony;
25 (E) exceeds $100,000 but does not exceed $500,000,
26 is a Class 1 felony;

HB0303 Enrolled- 42 -LRB100 05313 RLC 15324 b
1 (F) exceeds $500,000 but does not exceed
2 $1,000,000, is a Class 1 non-probationable felony;
3 when a charge of financial crime, the full value of
4 which exceeds $500,000 but does not exceed $1,000,000,
5 is brought, the value of the financial crime involved
6 is an element of the offense to be resolved by the
7 trier of fact as either exceeding or not exceeding
8 $500,000;
9 (G) exceeds $1,000,000, is a Class X felony; when a
10 charge of financial crime, the full value of which
11 exceeds $1,000,000, is brought, the value of the
12 financial crime involved is an element of the offense
13 to be resolved by the trier of fact as either exceeding
14 or not exceeding $1,000,000.
15 (2) A violation of subsection (f) is a Class 1 felony.
16 (3) A violation of subsection (h) is a Class 1 felony.
17 (4) A violation for subsection (i) is a Class X felony.
18 (k) A "financial crime" means an offense described in this
19Section.
20 (l) Period of limitations. The period of limitations for
21prosecution of any offense defined in this Section begins at
22the time when the last act in furtherance of the offense is
23committed.
24 (m) Forfeiture. Any violation of subdivision (2) of
25subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
26the remedies, procedures, and forfeiture as set forth in

HB0303 Enrolled- 43 -LRB100 05313 RLC 15324 b
1subsections (f) through (s) of Section 29B-1 of this Code.
2 Property seized or forfeited under this Section is subject
3to reporting under the Seizure and Forfeiture Reporting Act.
4(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
5eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
6 (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
7 Sec. 28-5. Seizure of gambling devices and gambling funds.
8 (a) Every device designed for gambling which is incapable
9of lawful use or every device used unlawfully for gambling
10shall be considered a "gambling device", and shall be subject
11to seizure, confiscation and destruction by the Department of
12State Police or by any municipal, or other local authority,
13within whose jurisdiction the same may be found. As used in
14this Section, a "gambling device" includes any slot machine,
15and includes any machine or device constructed for the
16reception of money or other thing of value and so constructed
17as to return, or to cause someone to return, on chance to the
18player thereof money, property or a right to receive money or
19property. With the exception of any device designed for
20gambling which is incapable of lawful use, no gambling device
21shall be forfeited or destroyed unless an individual with a
22property interest in said device knows of the unlawful use of
23the device.
24 (b) Every gambling device shall be seized and forfeited to
25the county wherein such seizure occurs. Any money or other

HB0303 Enrolled- 44 -LRB100 05313 RLC 15324 b
1thing of value integrally related to acts of gambling shall be
2seized and forfeited to the county wherein such seizure occurs.
3 (c) If, within 60 days after any seizure pursuant to
4subparagraph (b) of this Section, a person having any property
5interest in the seized property is charged with an offense, the
6court which renders judgment upon such charge shall, within 30
7days after such judgment, conduct a forfeiture hearing to
8determine whether such property was a gambling device at the
9time of seizure. Such hearing shall be commenced by a written
10petition by the State, including material allegations of fact,
11the name and address of every person determined by the State to
12have any property interest in the seized property, a
13representation that written notice of the date, time and place
14of such hearing has been mailed to every such person by
15certified mail at least 10 days before such date, and a request
16for forfeiture. Every such person may appear as a party and
17present evidence at such hearing. The quantum of proof required
18shall be a preponderance of the evidence, and the burden of
19proof shall be on the State. If the court determines that the
20seized property was a gambling device at the time of seizure,
21an order of forfeiture and disposition of the seized property
22shall be entered: a gambling device shall be received by the
23State's Attorney, who shall effect its destruction, except that
24valuable parts thereof may be liquidated and the resultant
25money shall be deposited in the general fund of the county
26wherein such seizure occurred; money and other things of value

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1shall be received by the State's Attorney and, upon
2liquidation, shall be deposited in the general fund of the
3county wherein such seizure occurred. However, in the event
4that a defendant raises the defense that the seized slot
5machine is an antique slot machine described in subparagraph
6(b) (7) of Section 28-1 of this Code and therefore he is exempt
7from the charge of a gambling activity participant, the seized
8antique slot machine shall not be destroyed or otherwise
9altered until a final determination is made by the Court as to
10whether it is such an antique slot machine. Upon a final
11determination by the Court of this question in favor of the
12defendant, such slot machine shall be immediately returned to
13the defendant. Such order of forfeiture and disposition shall,
14for the purposes of appeal, be a final order and judgment in a
15civil proceeding.
16 (d) If a seizure pursuant to subparagraph (b) of this
17Section is not followed by a charge pursuant to subparagraph
18(c) of this Section, or if the prosecution of such charge is
19permanently terminated or indefinitely discontinued without
20any judgment of conviction or acquittal (1) the State's
21Attorney shall commence an in rem proceeding for the forfeiture
22and destruction of a gambling device, or for the forfeiture and
23deposit in the general fund of the county of any seized money
24or other things of value, or both, in the circuit court and (2)
25any person having any property interest in such seized gambling
26device, money or other thing of value may commence separate

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1civil proceedings in the manner provided by law.
2 (e) Any gambling device displayed for sale to a riverboat
3gambling operation or used to train occupational licensees of a
4riverboat gambling operation as authorized under the Riverboat
5Gambling Act is exempt from seizure under this Section.
6 (f) Any gambling equipment, devices and supplies provided
7by a licensed supplier in accordance with the Riverboat
8Gambling Act which are removed from the riverboat for repair
9are exempt from seizure under this Section.
10 (g) The following video gaming terminals are exempt from
11seizure under this Section:
12 (1) Video gaming terminals for sale to a licensed
13 distributor or operator under the Video Gaming Act.
14 (2) Video gaming terminals used to train licensed
15 technicians or licensed terminal handlers.
16 (3) Video gaming terminals that are removed from a
17 licensed establishment, licensed truck stop establishment,
18 licensed fraternal establishment, or licensed veterans
19 establishment for repair.
20 (h) Property seized or forfeited under this Section is
21subject to reporting under the Seizure and Forfeiture Reporting
22Act.
23(Source: P.A. 98-31, eff. 6-24-13.)
24 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
25 Sec. 29B-1. (a) A person commits the offense of money

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1laundering:
2 (1) when, knowing that the property involved in a
3 financial transaction represents the proceeds of some form
4 of unlawful activity, he or she conducts or attempts to
5 conduct such a financial transaction which in fact involves
6 criminally derived property:
7 (A) with the intent to promote the carrying on of
8 the unlawful activity from which the criminally
9 derived property was obtained; or
10 (B) where he or she knows or reasonably should know
11 that the financial transaction is designed in whole or
12 in part:
13 (i) to conceal or disguise the nature, the
14 location, the source, the ownership or the control
15 of the criminally derived property; or
16 (ii) to avoid a transaction reporting
17 requirement under State law; or
18 (1.5) when he or she transports, transmits, or
19 transfers, or attempts to transport, transmit, or transfer
20 a monetary instrument:
21 (A) with the intent to promote the carrying on of
22 the unlawful activity from which the criminally
23 derived property was obtained; or
24 (B) knowing, or having reason to know, that the
25 financial transaction is designed in whole or in part:
26 (i) to conceal or disguise the nature, the

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1 location, the source, the ownership or the control
2 of the criminally derived property; or
3 (ii) to avoid a transaction reporting
4 requirement under State law; or
5 (2) when, with the intent to:
6 (A) promote the carrying on of a specified criminal
7 activity as defined in this Article; or
8 (B) conceal or disguise the nature, location,
9 source, ownership, or control of property believed to
10 be the proceeds of a specified criminal activity as
11 defined by subdivision (b)(6); or
12 (C) avoid a transaction reporting requirement
13 under State law,
14 he or she conducts or attempts to conduct a financial
15 transaction involving property he or she believes to be the
16 proceeds of specified criminal activity as defined by
17 subdivision (b)(6) or property used to conduct or
18 facilitate specified criminal activity as defined by
19 subdivision (b)(6).
20 (b) As used in this Section:
21 (0.5) "Knowing that the property involved in a
22 financial transaction represents the proceeds of some form
23 of unlawful activity" means that the person knew the
24 property involved in the transaction represented proceeds
25 from some form, though not necessarily which form, of
26 activity that constitutes a felony under State, federal, or

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1 foreign law.
2 (1) "Financial transaction" means a purchase, sale,
3 loan, pledge, gift, transfer, delivery or other
4 disposition utilizing criminally derived property, and
5 with respect to financial institutions, includes a
6 deposit, withdrawal, transfer between accounts, exchange
7 of currency, loan, extension of credit, purchase or sale of
8 any stock, bond, certificate of deposit or other monetary
9 instrument, use of safe deposit box, or any other payment,
10 transfer or delivery by, through, or to a financial
11 institution. For purposes of clause (a)(2) of this Section,
12 the term "financial transaction" also means a transaction
13 which without regard to whether the funds, monetary
14 instruments, or real or personal property involved in the
15 transaction are criminally derived, any transaction which
16 in any way or degree: (1) involves the movement of funds by
17 wire or any other means; (2) involves one or more monetary
18 instruments; or (3) the transfer of title to any real or
19 personal property. The receipt by an attorney of bona fide
20 fees for the purpose of legal representation is not a
21 financial transaction for purposes of this Section.
22 (2) "Financial institution" means any bank; saving and
23 loan association; trust company; agency or branch of a
24 foreign bank in the United States; currency exchange;
25 credit union, mortgage banking institution; pawnbroker;
26 loan or finance company; operator of a credit card system;

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1 issuer, redeemer or cashier of travelers checks, checks or
2 money orders; dealer in precious metals, stones or jewels;
3 broker or dealer in securities or commodities; investment
4 banker; or investment company.
5 (3) "Monetary instrument" means United States coins
6 and currency; coins and currency of a foreign country;
7 travelers checks; personal checks, bank checks, and money
8 orders; investment securities; bearer negotiable
9 instruments; bearer investment securities; or bearer
10 securities and certificates of stock in such form that
11 title thereto passes upon delivery.
12 (4) "Criminally derived property" means: (A) any
13 property, real or personal, constituting or derived from
14 proceeds obtained, directly or indirectly, from activity
15 that constitutes a felony under State, federal, or foreign
16 law; or (B) any property represented to be property
17 constituting or derived from proceeds obtained, directly
18 or indirectly, from activity that constitutes a felony
19 under State, federal, or foreign law.
20 (5) "Conduct" or "conducts" includes, in addition to
21 its ordinary meaning, initiating, concluding, or
22 participating in initiating or concluding a transaction.
23 (6) "Specified criminal activity" means any violation
24 of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
25 of Article 29D of this Code.
26 (7) "Director" means the Director of State Police or

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1 his or her designated agents.
2 (8) "Department" means the Department of State Police
3 of the State of Illinois or its successor agency.
4 (9) "Transaction reporting requirement under State
5 law" means any violation as defined under the Currency
6 Reporting Act.
7 (c) Sentence.
8 (1) Laundering of criminally derived property of a
9 value not exceeding $10,000 is a Class 3 felony;
10 (2) Laundering of criminally derived property of a
11 value exceeding $10,000 but not exceeding $100,000 is a
12 Class 2 felony;
13 (3) Laundering of criminally derived property of a
14 value exceeding $100,000 but not exceeding $500,000 is a
15 Class 1 felony;
16 (4) Money laundering in violation of subsection (a)(2)
17 of this Section is a Class X felony;
18 (5) Laundering of criminally derived property of a
19 value exceeding $500,000 is a Class 1 non-probationable
20 felony;
21 (6) In a prosecution under clause (a)(1.5)(B)(ii) of
22 this Section, the sentences are as follows:
23 (A) Laundering of property of a value not exceeding
24 $10,000 is a Class 3 felony;
25 (B) Laundering of property of a value exceeding
26 $10,000 but not exceeding $100,000 is a Class 2 felony;

HB0303 Enrolled- 52 -LRB100 05313 RLC 15324 b
1 (C) Laundering of property of a value exceeding
2 $100,000 but not exceeding $500,000 is a Class 1
3 felony;
4 (D) Laundering of property of a value exceeding
5 $500,000 is a Class 1 non-probationable felony.
6 (d) Evidence. In a prosecution under this Article, either
7party may introduce the following evidence pertaining to the
8issue of whether the property or proceeds were known to be some
9form of criminally derived property or from some form of
10unlawful activity:
11 (1) A financial transaction was conducted or
12 structured or attempted in violation of the reporting
13 requirements of any State or federal law; or
14 (2) A financial transaction was conducted or attempted
15 with the use of a false or fictitious name or a forged
16 instrument; or
17 (3) A falsely altered or completed written instrument
18 or a written instrument that contains any materially false
19 personal identifying information was made, used, offered
20 or presented, whether accepted or not, in connection with a
21 financial transaction; or
22 (4) A financial transaction was structured or
23 attempted to be structured so as to falsely report the
24 actual consideration or value of the transaction; or
25 (5) A money transmitter, a person engaged in a trade or
26 business or any employee of a money transmitter or a person

HB0303 Enrolled- 53 -LRB100 05313 RLC 15324 b
1 engaged in a trade or business, knows or reasonably should
2 know that false personal identifying information has been
3 presented and incorporates the false personal identifying
4 information into any report or record; or
5 (6) The criminally derived property is transported or
6 possessed in a fashion inconsistent with the ordinary or
7 usual means of transportation or possession of such
8 property and where the property is discovered in the
9 absence of any documentation or other indicia of legitimate
10 origin or right to such property; or
11 (7) A person pays or receives substantially less than
12 face value for one or more monetary instruments; or
13 (8) A person engages in a transaction involving one or
14 more monetary instruments, where the physical condition or
15 form of the monetary instrument or instruments makes it
16 apparent that they are not the product of bona fide
17 business or financial transactions.
18 (e) Duty to enforce this Article.
19 (1) It is the duty of the Department of State Police,
20 and its agents, officers, and investigators, to enforce all
21 provisions of this Article, except those specifically
22 delegated, and to cooperate with all agencies charged with
23 the enforcement of the laws of the United States, or of any
24 state, relating to money laundering. Only an agent,
25 officer, or investigator designated by the Director may be
26 authorized in accordance with this Section to serve seizure

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1 notices, warrants, subpoenas, and summonses under the
2 authority of this State.
3 (2) Any agent, officer, investigator, or peace officer
4 designated by the Director may: (A) make seizure of
5 property pursuant to the provisions of this Article; and
6 (B) perform such other law enforcement duties as the
7 Director designates. It is the duty of all State's
8 Attorneys to prosecute violations of this Article and
9 institute legal proceedings as authorized under this
10 Article.
11 (f) Protective orders.
12 (1) Upon application of the State, the court may enter
13 a restraining order or injunction, require the execution of
14 a satisfactory performance bond, or take any other action
15 to preserve the availability of property described in
16 subsection (h) for forfeiture under this Article:
17 (A) upon the filing of an indictment, information,
18 or complaint charging a violation of this Article for
19 which forfeiture may be ordered under this Article and
20 alleging that the property with respect to which the
21 order is sought would be subject to forfeiture under
22 this Article; or
23 (B) prior to the filing of such an indictment,
24 information, or complaint, if, after notice to persons
25 appearing to have an interest in the property and
26 opportunity for a hearing, the court determines that:

HB0303 Enrolled- 55 -LRB100 05313 RLC 15324 b
1 (i) there is probable cause to believe that the
2 State will prevail on the issue of forfeiture and
3 that failure to enter the order will result in the
4 property being destroyed, removed from the
5 jurisdiction of the court, or otherwise made
6 unavailable for forfeiture; and
7 (ii) the need to preserve the availability of
8 the property through the entry of the requested
9 order outweighs the hardship on any party against
10 whom the order is to be entered.
11 Provided, however, that an order entered pursuant
12 to subparagraph (B) shall be effective for not more
13 than 90 days, unless extended by the court for good
14 cause shown or unless an indictment, information,
15 complaint, or administrative notice has been filed.
16 (2) A temporary restraining order under this
17 subsection may be entered upon application of the State
18 without notice or opportunity for a hearing when an
19 indictment, information, complaint, or administrative
20 notice has not yet been filed with respect to the property,
21 if the State demonstrates that there is probable cause to
22 believe that the property with respect to which the order
23 is sought would be subject to forfeiture under this Section
24 and that provision of notice will jeopardize the
25 availability of the property for forfeiture. Such a
26 temporary order shall expire not more than 30 days after

HB0303 Enrolled- 56 -LRB100 05313 RLC 15324 b
1 the date on which it is entered, unless extended for good
2 cause shown or unless the party against whom it is entered
3 consents to an extension for a longer period. A hearing
4 requested concerning an order entered under this paragraph
5 shall be held at the earliest possible time and prior to
6 the expiration of the temporary order.
7 (3) The court may receive and consider, at a hearing
8 held pursuant to this subsection (f), evidence and
9 information that would be inadmissible under the Illinois
10 rules of evidence.
11 (4) Order to repatriate and deposit.
12 (A) In general. Pursuant to its authority to enter
13 a pretrial restraining order under this Section, the
14 court may order a defendant to repatriate any property
15 that may be seized and forfeited and to deposit that
16 property pending trial with the Illinois State Police
17 or another law enforcement agency designated by the
18 Illinois State Police.
19 (B) Failure to comply. Failure to comply with an
20 order under this subsection (f) is punishable as a
21 civil or criminal contempt of court.
22 (g) Warrant of seizure. The State may request the issuance
23of a warrant authorizing the seizure of property described in
24subsection (h) in the same manner as provided for a search
25warrant. If the court determines that there is probable cause
26to believe that the property to be seized would be subject to

HB0303 Enrolled- 57 -LRB100 05313 RLC 15324 b
1forfeiture, the court shall issue a warrant authorizing the
2seizure of such property.
3 (h) Forfeiture.
4 (1) The following are subject to forfeiture:
5 (A) any property, real or personal, constituting,
6 derived from, or traceable to any proceeds the person
7 obtained directly or indirectly, as a result of a
8 violation of this Article;
9 (B) any of the person's property used, or intended
10 to be used, in any manner or part, to commit, or to
11 facilitate the commission of, a violation of this
12 Article;
13 (C) all conveyances, including aircraft, vehicles
14 or vessels, which are used, or intended for use, to
15 transport, or in any manner to facilitate the
16 transportation, sale, receipt, possession, or
17 concealment of property described in subparagraphs (A)
18 and (B), but:
19 (i) no conveyance used by any person as a
20 common carrier in the transaction of business as a
21 common carrier is subject to forfeiture under this
22 Section unless it appears that the owner or other
23 person in charge of the conveyance is a consenting
24 party or privy to a violation of this Article;
25 (ii) no conveyance is subject to forfeiture
26 under this Section by reason of any act or omission

HB0303 Enrolled- 58 -LRB100 05313 RLC 15324 b
1 which the owner proves to have been committed or
2 omitted without his or her knowledge or consent;
3 (iii) a forfeiture of a conveyance encumbered
4 by a bona fide security interest is subject to the
5 interest of the secured party if he or she neither
6 had knowledge of nor consented to the act or
7 omission;
8 (D) all real property, including any right, title,
9 and interest (including, but not limited to, any
10 leasehold interest or the beneficial interest in a land
11 trust) in the whole of any lot or tract of land and any
12 appurtenances or improvements, which is used or
13 intended to be used, in any manner or part, to commit,
14 or in any manner to facilitate the commission of, any
15 violation of this Article or that is the proceeds of
16 any violation or act that constitutes a violation of
17 this Article.
18 (2) Property subject to forfeiture under this Article
19 may be seized by the Director or any peace officer upon
20 process or seizure warrant issued by any court having
21 jurisdiction over the property. Seizure by the Director or
22 any peace officer without process may be made:
23 (A) if the seizure is incident to a seizure
24 warrant;
25 (B) if the property subject to seizure has been the
26 subject of a prior judgment in favor of the State in a

HB0303 Enrolled- 59 -LRB100 05313 RLC 15324 b
1 criminal proceeding, or in an injunction or forfeiture
2 proceeding based upon this Article;
3 (C) if there is probable cause to believe that the
4 property is directly or indirectly dangerous to health
5 or safety;
6 (D) if there is probable cause to believe that the
7 property is subject to forfeiture under this Article
8 and the property is seized under circumstances in which
9 a warrantless seizure or arrest would be reasonable; or
10 (E) in accordance with the Code of Criminal
11 Procedure of 1963.
12 (3) In the event of seizure pursuant to paragraph (2),
13 forfeiture proceedings shall be instituted in accordance
14 with subsections (i) through (r).
15 (4) Property taken or detained under this Section shall
16 not be subject to replevin, but is deemed to be in the
17 custody of the Director subject only to the order and
18 judgments of the circuit court having jurisdiction over the
19 forfeiture proceedings and the decisions of the State's
20 Attorney under this Article. When property is seized under
21 this Article, the seizing agency shall promptly conduct an
22 inventory of the seized property and estimate the
23 property's value and shall forward a copy of the inventory
24 of seized property and the estimate of the property's value
25 to the Director. Upon receiving notice of seizure, the
26 Director may:

HB0303 Enrolled- 60 -LRB100 05313 RLC 15324 b
1 (A) place the property under seal;
2 (B) remove the property to a place designated by
3 the Director;
4 (C) keep the property in the possession of the
5 seizing agency;
6 (D) remove the property to a storage area for
7 safekeeping or, if the property is a negotiable
8 instrument or money and is not needed for evidentiary
9 purposes, deposit it in an interest bearing account;
10 (E) place the property under constructive seizure
11 by posting notice of pending forfeiture on it, by
12 giving notice of pending forfeiture to its owners and
13 interest holders, or by filing notice of pending
14 forfeiture in any appropriate public record relating
15 to the property; or
16 (F) provide for another agency or custodian,
17 including an owner, secured party, or lienholder, to
18 take custody of the property upon the terms and
19 conditions set by the Director.
20 (5) When property is forfeited under this Article, the
21 Director shall sell all such property unless such property
22 is required by law to be destroyed or is harmful to the
23 public, and shall distribute the proceeds of the sale,
24 together with any moneys forfeited or seized, in accordance
25 with paragraph (6). However, upon the application of the
26 seizing agency or prosecutor who was responsible for the

HB0303 Enrolled- 61 -LRB100 05313 RLC 15324 b
1 investigation, arrest or arrests and prosecution which
2 lead to the forfeiture, the Director may return any item of
3 forfeited property to the seizing agency or prosecutor for
4 official use in the enforcement of laws, if the agency or
5 prosecutor can demonstrate that the item requested would be
6 useful to the agency or prosecutor in its enforcement
7 efforts. When any real property returned to the seizing
8 agency is sold by the agency or its unit of government, the
9 proceeds of the sale shall be delivered to the Director and
10 distributed in accordance with paragraph (6).
11 (6) All monies and the sale proceeds of all other
12 property forfeited and seized under this Article shall be
13 distributed as follows:
14 (A) 65% shall be distributed to the metropolitan
15 enforcement group, local, municipal, county, or State
16 law enforcement agency or agencies which conducted or
17 participated in the investigation resulting in the
18 forfeiture. The distribution shall bear a reasonable
19 relationship to the degree of direct participation of
20 the law enforcement agency in the effort resulting in
21 the forfeiture, taking into account the total value of
22 the property forfeited and the total law enforcement
23 effort with respect to the violation of the law upon
24 which the forfeiture is based. Amounts distributed to
25 the agency or agencies shall be used for the
26 enforcement of laws.

HB0303 Enrolled- 62 -LRB100 05313 RLC 15324 b
1 (B)(i) 12.5% shall be distributed to the Office of
2 the State's Attorney of the county in which the
3 prosecution resulting in the forfeiture was
4 instituted, deposited in a special fund in the county
5 treasury and appropriated to the State's Attorney for
6 use in the enforcement of laws. In counties over
7 3,000,000 population, 25% shall be distributed to the
8 Office of the State's Attorney for use in the
9 enforcement of laws. If the prosecution is undertaken
10 solely by the Attorney General, the portion provided
11 hereunder shall be distributed to the Attorney General
12 for use in the enforcement of laws.
13 (ii) 12.5% shall be distributed to the Office of
14 the State's Attorneys Appellate Prosecutor and
15 deposited in the Narcotics Profit Forfeiture Fund of
16 that office to be used for additional expenses incurred
17 in the investigation, prosecution and appeal of cases
18 arising under laws. The Office of the State's Attorneys
19 Appellate Prosecutor shall not receive distribution
20 from cases brought in counties with over 3,000,000
21 population.
22 (C) 10% shall be retained by the Department of
23 State Police for expenses related to the
24 administration and sale of seized and forfeited
25 property.
26 Moneys and the sale proceeds distributed to the

HB0303 Enrolled- 63 -LRB100 05313 RLC 15324 b
1 Department of State Police under this Article shall be
2 deposited in the Money Laundering Asset Recovery Fund
3 created in the State treasury and shall be used by the
4 Department of State Police for State law enforcement
5 purposes.
6 (7) All moneys and sale proceeds of property forfeited
7 and seized under this Article and distributed according to
8 paragraph (6) may also be used to purchase opioid
9 antagonists as defined in Section 5-23 of the Alcoholism
10 and Other Drug Abuse and Dependency Act.
11 (7.5) Preliminary Review.
12 (A) Within 14 days of the seizure, the State shall
13 seek a preliminary determination from the circuit
14 court as to whether there is probable cause that the
15 property may be subject to forfeiture.
16 (B) The rules of evidence shall not apply to any
17 proceeding conducted under this Section.
18 (C) The court may conduct the review under
19 subparagraph (A) of this paragraph (7.5)
20 simultaneously with a proceeding under Section 109-1
21 of the Code of Criminal Procedure of 1963 for a related
22 criminal offense if a prosecution is commenced by
23 information or complaint.
24 (D) The court may accept a finding of probable
25 cause at a preliminary hearing following the filing of
26 an information or complaint charging a related

HB0303 Enrolled- 64 -LRB100 05313 RLC 15324 b
1 criminal offense or following the return of indictment
2 by a grand jury charging the related offense as
3 sufficient evidence of probable cause as required
4 under subparagraph (A) of this paragraph (7.5).
5 (E) Upon a finding of probable cause as required
6 under this Section, the circuit court shall order the
7 property subject to the applicable forfeiture Act held
8 until the conclusion of any forfeiture proceeding.
9 (i) Notice to owner or interest holder.
10 (1) The first attempted service shall be commenced
11 within 28 days of the latter of filing of the verified
12 claim or the receipt of the notice from seizing agency by
13 form 4-64. A complaint for forfeiture or a notice of
14 pending forfeiture shall be served on a claimant if the
15 owner's or interest holder's name and current address are
16 known, then by either: (i) personal service or; (ii)
17 mailing a copy of the notice by certified mail, return
18 receipt requested and first class mail, to that address. If
19 no signed return receipt is received by the State's
20 Attorney within 28 days of mailing or no communication from
21 the owner or interest holder is received by the State's
22 Attorney documenting actual notice by the parties, the
23 State's Attorney shall, within a reasonable period of time,
24 mail a second copy of the notice by certified mail, return
25 receipt requested and first class mail, to that address. If
26 no signed return receipt is received by the State's

HB0303 Enrolled- 65 -LRB100 05313 RLC 15324 b
1 Attorney within 28 days of the second mailing, or no
2 communication from the owner or interest holder is received
3 by the State's Attorney documenting actual notice by the
4 parties, the State's Attorney shall have 60 days to attempt
5 to personally serve the notice by personal service,
6 including substitute service by leaving a copy at the usual
7 place of abode with some person of the family or a person
8 residing there, of the age of 13 years or upwards. If after
9 3 attempts at service in this manner, and no service of the
10 notice is accomplished, the notice shall be posted in a
11 conspicuous manner at this address and service shall be
12 made by the posting. The attempts at service and the
13 posting if required, shall be documented by the person
14 attempting service and the documentation shall be made part
15 of a return of service returned to the State's Attorney.
16 The State's Attorney may utilize any Sheriff or Deputy
17 Sheriff, a peace officer, a private process server or
18 investigator, or an employee, agent, or investigator of the
19 State's Attorney's Office to attempt service without
20 seeking leave of court. After the procedures listed are
21 followed, service shall be effective on the owner or
22 interest holder on the date of receipt by the State's
23 Attorney of a returned return receipt requested, or on the
24 date of receipt of a communication from an owner or
25 interest holder documenting actual notice, whichever is
26 first in time, or on the date of the last act performed by

HB0303 Enrolled- 66 -LRB100 05313 RLC 15324 b
1 the State's Attorney in attempting personal service. For
2 purposes of notice under this Section, if a person has been
3 arrested for the conduct giving rise to the forfeiture, the
4 address provided to the arresting agency at the time of
5 arrest shall be deemed to be that person's known address.
6 Provided, however, if an owner or interest holder's address
7 changes prior to the effective date of the notice of
8 pending forfeiture, the owner or interest holder shall
9 promptly notify the seizing agency of the change in address
10 or, if the owner or interest holder's address changes
11 subsequent to the effective date of the notice of pending
12 forfeiture, the owner or interest holder shall promptly
13 notify the State's Attorney of the change in address. If
14 the property seized is a conveyance, notice shall also be
15 directed to the address reflected in the office of the
16 agency or official in which title or interest to the
17 conveyance is required by law to be recorded. Whenever
18 notice of pending forfeiture or service of an in rem
19 complaint is required under the provisions of this Article,
20 such notice or service shall be given as follows:
21 (A) (Blank); If the owner's or interest holder's
22 name and current address are known, then by either
23 personal service or mailing a copy of the notice by
24 certified mail, return receipt requested, to that
25 address. For purposes of notice under this Section, if
26 a person has been arrested for the conduct giving rise

HB0303 Enrolled- 67 -LRB100 05313 RLC 15324 b
1 to the forfeiture, then the address provided to the
2 arresting agency at the time of arrest shall be deemed
3 to be that person's known address. Provided, however,
4 if an owner or interest holder's address changes prior
5 to the effective date of the notice of pending
6 forfeiture, the owner or interest holder shall
7 promptly notify the seizing agency of the change in
8 address or, if the owner or interest holder's address
9 changes subsequent to the effective date of the notice
10 of pending forfeiture, the owner or interest holder
11 shall promptly notify the State's Attorney of the
12 change in address; or
13 (A-5) If the owner's or interest holder's address
14 is not known, and is not on record as provided in
15 paragraph (1), service by publication for 3 successive
16 weeks in a newspaper of general circulation in the
17 county in which the seizure occurred shall suffice for
18 service requirements.
19 (A-10) Notice to any business entity, corporation,
20 LLC, LLP, or partnership shall be complete by a single
21 mailing of a copy of the notice by certified mail,
22 return receipt requested and first class mail, to that
23 address. This notice is complete regardless of the
24 return of a signed "return receipt requested".
25 (A-15) Notice to a person whose address is not
26 within the State shall be completed by a single mailing

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1 of a copy of the notice by certified mail, return
2 receipt requested and first class mail to that address.
3 This notice is complete regardless of the return of a
4 signed "return receipt requested".
5 (A-20) Notice to a person whose address is not
6 within the United States shall be completed by a single
7 mailing of a copy of the notice by certified mail,
8 return receipt requested and first class mail to that
9 address. This notice is complete regardless of the
10 return of a signed "return receipt requested". If
11 certified mail is not available in the foreign country
12 where the person has an address, notice shall proceed
13 by paragraph (A-15) publication requirements.
14 (A-25) A person who the State's Attorney
15 reasonably should know is incarcerated within this
16 State, shall also include, mailing a copy of the notice
17 by certified mail, return receipt requested and first
18 class mail, to the address of the detention facility
19 with the inmate's name clearly marked on the envelope.
20 After a claimant files a verified claim with the
21 State's Attorney and provides an address at which they
22 will accept service, the complaint shall be served and
23 notice shall be complete upon the mailing of the
24 complaint to the claimant at the address the claimant
25 provided via certified mail, return receipt requested
26 and first class mail. No return receipt card need be

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1 received, or any other attempts at service need be made
2 to comply with service and notice requirements under
3 this Section. This certified mailing, return receipt
4 requested shall be proof of service of the complaint on
5 the claimant. If notice is to be shown by actual notice
6 from communication with a claimant, then the State's
7 Attorney shall file an affidavit as proof of service
8 providing details of the communication which shall be
9 accepted as proof of service by the court.
10 (B) If the property seized is a conveyance, to the
11 address reflected in the office of the agency or
12 official in which title or interest to the conveyance
13 is required by law to be recorded, then by mailing a
14 copy of the notice by certified mail, return receipt
15 requested, to that address; or
16 (C) (Blank). If the owner's or interest holder's
17 address is not known, and is not on record as provided
18 in paragraph (B), then by publication for 3 successive
19 weeks in a newspaper of general circulation in the
20 county in which the seizure occurred.
21 (2) Notice served under this Article is effective upon
22 personal service, the last date of publication, or the
23 mailing of written notice, whichever is earlier.
24 (j) Notice to State's Attorney. The law enforcement agency
25seizing property for forfeiture under this Article shall,
26within 60 90 days after seizure, notify the State's Attorney

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1for the county, either where an act or omission giving rise to
2the forfeiture occurred or where the property was seized, of
3the seizure of the property and the facts and circumstances
4giving rise to the seizure and shall provide the State's
5Attorney with the inventory of the property and its estimated
6value. When the property seized for forfeiture is a vehicle,
7the law enforcement agency seizing the property shall
8immediately notify the Secretary of State that forfeiture
9proceedings are pending regarding such vehicle. This notice
10shall be by the form 4-64.
11 (k) Non-judicial forfeiture. If non-real property that
12exceeds $20,000 in value excluding the value of any conveyance,
13or if real property is seized under the provisions of this
14Article, the State's Attorney shall institute judicial in rem
15forfeiture proceedings as described in subsection (l) of this
16Section within 28 45 days from receipt of notice of seizure
17from the seizing agency under subsection (j) of this Section.
18However, if non-real property that does not exceed $20,000 in
19value excluding the value of any conveyance is seized, the
20following procedure shall be used:
21 (1) If, after review of the facts surrounding the
22 seizure, the State's Attorney is of the opinion that the
23 seized property is subject to forfeiture, then within 45
24 days after the receipt of notice of seizure from the
25 seizing agency, the State's Attorney shall cause notice of
26 pending forfeiture to be given to the owner of the property

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1 and all known interest holders of the property in
2 accordance with subsection (i) of this Section.
3 (2) The notice of pending forfeiture must include a
4 description of the property, the estimated value of the
5 property, the date and place of seizure, the conduct giving
6 rise to forfeiture or the violation of law alleged, and a
7 summary of procedures and procedural rights applicable to
8 the forfeiture action.
9 (3)(A) Any person claiming an interest in property
10 which is the subject of notice under paragraph (1) of this
11 subsection (k), must, in order to preserve any rights or
12 claims to the property, within 45 days after the effective
13 date of notice as described in subsection (i) of this
14 Section, file a verified claim with the State's Attorney
15 expressing his or her interest in the property. The claim
16 must set forth:
17 (i) the caption of the proceedings as set forth on
18 the notice of pending forfeiture and the name of the
19 claimant;
20 (ii) the address at which the claimant will accept
21 mail;
22 (iii) the nature and extent of the claimant's
23 interest in the property;
24 (iv) the date, identity of the transferor, and
25 circumstances of the claimant's acquisition of the
26 interest in the property;

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1 (v) the name and address of all other persons known
2 to have an interest in the property;
3 (vi) the specific provision of law relied on in
4 asserting the property is not subject to forfeiture;
5 (vii) all essential facts supporting each
6 assertion; and
7 (viii) the relief sought.
8 (B) If a claimant files the claim and deposits with the
9 State's Attorney a cost bond, in the form of a cashier's
10 check payable to the clerk of the court, in the sum of 10%
11 of the reasonable value of the property as alleged by the
12 State's Attorney or the sum of $100, whichever is greater,
13 upon condition that, in the case of forfeiture, the
14 claimant must pay all costs and expenses of forfeiture
15 proceedings, then the State's Attorney shall institute
16 judicial in rem forfeiture proceedings and deposit the cost
17 bond with the clerk of the court as described in subsection
18 (l) of this Section within 45 days after receipt of the
19 claim and cost bond. In lieu of a cost bond, a person
20 claiming interest in the seized property may file, under
21 penalty of perjury, an indigency affidavit which has been
22 approved by a circuit court judge.
23 (C) (Blank). If none of the seized property is
24 forfeited in the judicial in rem proceeding, the clerk of
25 the court shall return to the claimant, unless the court
26 orders otherwise, 90% of the sum which has been deposited

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1 and shall retain as costs 10% of the money deposited. If
2 any of the seized property is forfeited under the judicial
3 forfeiture proceeding, the clerk of the court shall
4 transfer 90% of the sum which has been deposited to the
5 State's Attorney prosecuting the civil forfeiture to be
6 applied to the costs of prosecution and the clerk shall
7 retain as costs 10% of the sum deposited.
8 (4) If no claim is filed or bond given within the 45
9 day period as described in paragraph (3) of this subsection
10 (k), the State's Attorney shall declare the property
11 forfeited and shall promptly notify the owner and all known
12 interest holders of the property and the Director of State
13 Police of the declaration of forfeiture and the Director
14 shall dispose of the property in accordance with law.
15 (l) Judicial in rem procedures. If property seized under
16the provisions of this Article is non-real property that
17exceeds $20,000 in value excluding the value of any conveyance,
18or is real property, or a claimant has filed a claim and a cost
19bond under paragraph (3) of subsection (k) of this Section, the
20following judicial in rem procedures shall apply:
21 (1) If, after a review of the facts surrounding the
22 seizure, the State's Attorney is of the opinion that the
23 seized property is subject to forfeiture, then within 28 45
24 days of the receipt of notice of seizure by the seizing
25 agency or the filing of the claim and cost bond, whichever
26 is later, the State's Attorney shall institute judicial

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1 forfeiture proceedings by filing a verified complaint for
2 forfeiture and, if the claimant has filed a claim and cost
3 bond, by depositing the cost bond with the clerk of the
4 court. When authorized by law, a forfeiture must be ordered
5 by a court on an action in rem brought by a State's
6 Attorney under a verified complaint for forfeiture.
7 (1.5) A complaint of forfeiture shall include:
8 (i) a description of the property seized;
9 (ii) the date and place of seizure of the property;
10 (iii) the name and address of the law enforcement
11 agency making the seizure; and
12 (iv) the specific statutory and factual grounds
13 for the seizure.
14 (1.10) The complaint shall be served upon the person
15 from whom the property was seized and all persons known or
16 reasonably believed by the State to claim an interest in
17 the property, as provided in subsection (i) of this
18 Section. The complaint shall be accompanied by the
19 following written notice:
20 "This is a civil court proceeding subject to the Code
21 of Civil Procedure. You received this Complaint of
22 Forfeiture because the State's Attorney's office has
23 brought a legal action seeking forfeiture of your seized
24 property. This complaint starts the court process where the
25 State seeks to prove that your property should be forfeited
26 and not returned to you. This process is also your

HB0303 Enrolled- 75 -LRB100 05313 RLC 15324 b
1 opportunity to try to prove to a judge that you should get
2 your property back. The complaint lists the date, time, and
3 location of your first court date. You must appear in court
4 on that day, or you may lose the case automatically. You
5 must also file an appearance and answer. If you are unable
6 to pay the appearance fee, you may qualify to have the fee
7 waived. If there is a criminal case related to the seizure
8 of your property, your case may be set for trial after the
9 criminal case has been resolved. Before trial, the judge
10 may allow discovery, where the State can ask you to respond
11 in writing to questions and give them certain documents,
12 and you can make similar requests of the State. The trial
13 is your opportunity to explain what happened when your
14 property was seized and why you should get the property
15 back."
16 (2) The laws of evidence relating to civil actions
17 shall apply to proceedings under this Article with the
18 following exception. The parties shall be allowed to use,
19 and the court shall receive and consider all relevant
20 hearsay evidence which relates to evidentiary foundation,
21 chain of custody, business records, recordings, laboratory
22 analysis, laboratory reports, and relevant hearsay related
23 to the use of technology in the investigation which
24 resulted in the seizure of property which is now subject to
25 this forfeiture action. During the probable cause portion
26 of the judicial in rem proceeding wherein the State

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1 presents its case-in-chief, the court must receive and
2 consider, among other things, all relevant hearsay
3 evidence and information. The laws of evidence relating to
4 civil actions apply to all other portions of the judicial
5 in rem proceeding.
6 (3) Only an owner of or interest holder in the property
7 may file an answer asserting a claim against the property
8 in the action in rem. For purposes of this Section, the
9 owner or interest holder shall be referred to as claimant.
10 Upon motion of the State, the court shall first hold a
11 hearing, wherein any claimant must establish by a
12 preponderance of the evidence, that he or she has a lawful,
13 legitimate ownership interest in the property and that it
14 was obtained through a lawful source.
15 (4) The answer must be signed by the owner or interest
16 holder under penalty of perjury and must set forth:
17 (A) the caption of the proceedings as set forth on
18 the notice of pending forfeiture and the name of the
19 claimant;
20 (B) the address at which the claimant will accept
21 mail;
22 (C) the nature and extent of the claimant's
23 interest in the property;
24 (D) the date, identity of transferor, and
25 circumstances of the claimant's acquisition of the
26 interest in the property;

HB0303 Enrolled- 77 -LRB100 05313 RLC 15324 b
1 (E) the name and address of all other persons known
2 to have an interest in the property;
3 (F) all essential facts supporting each assertion;
4 and
5 (G) the precise relief sought; and .
6 (H) the answer shall follow the rules under the
7 Code of Civil Procedure.
8 (5) The answer must be filed with the court within 45
9 days after service of the civil in rem complaint.
10 (6) The hearing must be held within 60 days after
11 filing of the answer unless continued for good cause.
12 (7) At the judicial in rem proceeding, in the State's
13 case in chief, the State shall show by a preponderance of
14 the evidence that the property is subject to forfeiture. If
15 the State makes such a showing, the claimant shall have the
16 burden of production to set forth evidence that the
17 property is not related to the alleged factual basis of the
18 forfeiture. After this production of evidence, the State
19 shall maintain the burden of proof to overcome this
20 assertion. A claimant shall provide the State notice of its
21 intent to allege that the currency or its equivalent is not
22 related to the alleged factual basis of the forfeiture and
23 why. As to conveyances, at the judicial in rem proceeding,
24 in their case in chief, the State shall show by a
25 preponderance of the evidence, that (1) the property is
26 subject to forfeiture; and (2) at least one of the

HB0303 Enrolled- 78 -LRB100 05313 RLC 15324 b
1 following:
2 (i) that the claimant was legally accountable for
3 the conduct giving rise to the forfeiture;
4 (ii) that the claimant knew or reasonably should
5 have known of the conduct giving rise to the
6 forfeiture;
7 (iii) that the claimant knew or reasonable should
8 have known that the conduct giving rise to the
9 forfeiture was likely to occur;
10 (iv) that the claimant held the property for the
11 benefit of, or as nominee for, any person whose conduct
12 gave rise to its forfeiture;
13 (v) that if the claimant acquired their interest
14 through any person engaging in any of the conduct
15 described above or conduct giving rise to the
16 forfeiture;
17 (1) the claimant did not acquire it as a bona
18 fide purchaser for value; or
19 (2) the claimant acquired the interest under
20 the circumstances that they reasonably should have
21 known the property was derived from, or used in,
22 the conduct giving rise to the forfeiture; or
23 (vii) that the claimant is not the true owner of
24 the property that is subject to forfeiture. The State
25 shall show the existence of probable cause for
26 forfeiture of the property. If the State shows probable

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1 cause, the claimant has the burden of showing by a
2 preponderance of the evidence that the claimant's
3 interest in the property is not subject to forfeiture.
4 (8) If the State does not meet its burden to show that
5 the property is subject to forfeiture show existence of
6 probable cause, the court shall order the interest in the
7 property returned or conveyed to the claimant and shall
8 order all other property forfeited to the State. If the
9 State does meet its burden to show that the property is
10 subject to forfeiture If the State does show existence of
11 probable cause, the court shall order all property
12 forfeited to the State.
13 (9) A defendant convicted in any criminal proceeding is
14 precluded from later denying the essential allegations of
15 the criminal offense of which the defendant was convicted
16 in any proceeding under this Article regardless of the
17 pendency of an appeal from that conviction. However,
18 evidence of the pendency of an appeal is admissible.
19 (10) On An acquittal or dismissal in a criminal
20 proceeding does not preclude civil proceedings under this
21 Article; however, for good cause shown, on a motion by the
22 the parties State's Attorney, the court may stay civil
23 forfeiture proceedings during the criminal trial for a
24 related criminal indictment or information alleging a
25 money laundering violation. Such a stay shall not be
26 available pending an appeal. Property subject to

HB0303 Enrolled- 80 -LRB100 05313 RLC 15324 b
1 forfeiture under this Article shall not be subject to
2 return or release by a court exercising jurisdiction over a
3 criminal case involving the seizure of such property unless
4 such return or release is consented to by the State's
5 Attorney.
6 Notwithstanding any other provision of this Section,
7 the State's burden of proof at the trial of the forfeiture
8 action shall be by clear and convincing evidence if: (1) a
9 finding of not guilty is entered as to all counts and all
10 defendants in a criminal proceeding relating to the conduct
11 giving rise to the forfeiture action; or (2) the State
12 receives an adverse finding at a preliminary hearing and
13 fails to secure an indictment in a criminal proceeding
14 relating to the factual allegations of the forfeiture
15 action.
16 (11) All property declared forfeited under this
17 Article vests in this State on the commission of the
18 conduct giving rise to forfeiture together with the
19 proceeds of the property after that time. Except as
20 otherwise provided in this Article, title to any Any such
21 property or proceeds subsequently transferred to any
22 person remain subject to forfeiture and thereafter shall be
23 ordered forfeited unless the person to whom the property
24 was transferred makes an appropriate claim and has his or
25 her claim adjudicated at the judicial in rem hearing.
26 (12) A civil action under this Article must be

HB0303 Enrolled- 81 -LRB100 05313 RLC 15324 b
1 commenced within 5 years after the last conduct giving rise
2 to forfeiture became known or should have become known or 5
3 years after the forfeitable property is discovered,
4 whichever is later, excluding any time during which either
5 the property or claimant is out of the State or in
6 confinement or during which criminal proceedings relating
7 to the same conduct are in progress.
8 (m) Stay of time periods. If property is seized for
9evidence and for forfeiture, the time periods for instituting
10judicial and non-judicial forfeiture proceedings shall not
11begin until the property is no longer necessary for evidence.
12 (n) Settlement of claims. Notwithstanding other provisions
13of this Article, the State's Attorney and a claimant of seized
14property may enter into an agreed-upon settlement concerning
15the seized property in such an amount and upon such terms as
16are set out in writing in a settlement agreement. All proceeds
17from a settlement agreement shall be tendered to the Department
18of State Police and distributed under paragraph (6) of
19subsection (h) of this Section.
20 (o) Property constituting attorney fees. Nothing in this
21Article applies to property which constitutes reasonable bona
22fide attorney's fees paid to an attorney for services rendered
23or to be rendered in the forfeiture proceeding or criminal
24proceeding relating directly thereto where such property was
25paid before its seizure, before the issuance of any seizure
26warrant or court order prohibiting transfer of the property and

HB0303 Enrolled- 82 -LRB100 05313 RLC 15324 b
1where the attorney, at the time he or she received the property
2did not know that it was property subject to forfeiture under
3this Article.
4 (p) Construction. It is the intent of the General Assembly
5that the forfeiture provisions of this Article be liberally
6construed so as to effect their remedial purpose. The
7forfeiture of property and other remedies hereunder shall be
8considered to be in addition to, and not exclusive of, any
9sentence or other remedy provided by law.
10 (q) Judicial review. If property has been declared
11forfeited under subsection (k) of this Section, any person who
12has an interest in the property declared forfeited may, within
1330 days after the effective date of the notice of the
14declaration of forfeiture, file a claim and cost bond as
15described in paragraph (3) of subsection (k) of this Section.
16If a claim and cost bond is filed under this Section, then the
17procedures described in subsection (l) of this Section apply.
18 (r) (Blank). Burden of proof of exemption or exception. It
19is not necessary for the State to negate any exemption or
20exception in this Article in any complaint, information,
21indictment or other pleading or in any trial, hearing, or other
22proceeding under this Article. The burden of proof of any
23exemption or exception is upon the person claiming it.
24 (s) Review of administrative decisions. All administrative
25findings, rulings, final determinations, findings, and
26conclusions of the State's Attorney's Office under this Article

HB0303 Enrolled- 83 -LRB100 05313 RLC 15324 b
1are final and conclusive decisions of the matters involved. Any
2person aggrieved by the decision may obtain review of the
3decision pursuant to the provisions of the Administrative
4Review Law and the rules adopted pursuant to that Law. Pending
5final decision on such review, the administrative acts, orders,
6and rulings of the State's Attorney's Office remain in full
7force and effect unless modified or suspended by order of court
8pending final judicial decision. Pending final decision on such
9review, the acts, orders, and rulings of the State's Attorney's
10Office remain in full force and effect, unless stayed by order
11of court. However, no stay of any decision of the
12administrative agency shall issue unless the person aggrieved
13by the decision establishes by a preponderance of the evidence
14that good cause exists for the stay. In determining good cause,
15the court shall find that the aggrieved party has established a
16substantial likelihood of prevailing on the merits and that
17granting the stay will not have an injurious effect on the
18general public.
19 (t) Actual physical seizure of real property subject to
20forfeiture under this Act requires the issuance of a seizure
21warrant. Nothing in this Section prohibits the constructive
22seizure of real property through the filing of a complaint for
23forfeiture in circuit court and the recording of a lis pendens
24against the real property which is subject to forfeiture
25without any hearing, warrant application, or judicial
26approval.

HB0303 Enrolled- 84 -LRB100 05313 RLC 15324 b
1 (u) Property which is forfeited shall be subject to an 8th
2amendment to the United States Constitution disproportionate
3penalties analysis and the property forfeiture may be denied in
4whole or in part if the court finds that the forfeiture would
5constitute an excessive fine in violation of the 8th amendment
6as interpreted by case law.
7 (v) If property is ordered forfeited under this Section
8from a claimant who held title to the property in joint tenancy
9or tenancy in common with another claimant, the court shall
10determine the amount of each owner's interest in the property
11according to principles of property law.
12 (w) A claimant or a party interested in personal property
13contained within a seized conveyance may file a request with
14the State's Attorney in a non-judicial forfeiture action, or a
15motion with the court in a judicial forfeiture action for the
16return of any personal property contained within a conveyance
17which is seized under this Article. The return of personal
18property shall not be unreasonably withheld if the personal
19property is not mechanically or electrically coupled to the
20conveyance, needed for evidentiary purposes, or otherwise
21contraband. Any law enforcement agency that returns property
22under a court order under this Section shall not be liable to
23any person who claims ownership to the property if it is
24returned to an improper party.
25 (x) Innocent owner hearing.
26 (1) After a complaint for forfeiture has been filed and

HB0303 Enrolled- 85 -LRB100 05313 RLC 15324 b
1 all claimants have appeared and answered, a claimant may
2 file a motion with the court for an innocent owner hearing
3 prior to trial. This motion shall be made and supported by
4 sworn affidavit and shall assert the following along with
5 specific facts which support each assertion:
6 (i) that the claimant filing the motion is the true
7 owner of the conveyance as interpreted by case law;
8 (ii) that the claimant was not legally accountable
9 for the conduct giving rise to the forfeiture or
10 acquiesced in the conduct;
11 (iii) that the claimant did not solicit, conspire,
12 or attempt to commit the conduct giving rise to the
13 forfeiture;
14 (iv) that the claimant did not know or did not have
15 reason to know that the conduct giving rise to the
16 forfeiture was likely to occur; and
17 (v) that the claimant did not hold the property for
18 the benefit of, or as nominee for any person whose
19 conduct gave rise to its forfeiture or if the owner or
20 interest holder acquired the interest through any
21 person, the owner or interest holder did not acquire it
22 as a bona fide purchaser for value or acquired the
23 interest without knowledge of the seizure of the
24 property for forfeiture.
25 (2) The claimant shall include specific facts which
26 support these assertions in their motion.

HB0303 Enrolled- 86 -LRB100 05313 RLC 15324 b
1 (3) Upon this filing, a hearing may only be conducted
2 after the parties have been given the opportunity to
3 conduct limited discovery as to the ownership and control
4 of the property, the claimant's knowledge, or any matter
5 relevant to the issues raised or facts alleged in the
6 claimant's motion. Discovery shall be limited to the
7 People's requests in these areas but may proceed by any
8 means allowed in the Code of Civil Procedure.
9 (i) After discovery is complete and the court has
10 allowed for sufficient time to review and investigate
11 the discovery responses, the court shall conduct a
12 hearing. At the hearing, the fact that the conveyance
13 is subject to forfeiture shall not be at issue. The
14 court shall only hear evidence relating to the issue of
15 innocent ownership.
16 (ii) At the hearing on the motion, it shall be the
17 burden of the claimant to prove each of the assertions
18 listed in paragraph (1) of this subsection (x) by a
19 preponderance of the evidence.
20 (iii) If a claimant meets his burden of proof, the
21 court shall grant the motion and order the property
22 returned to the claimant. If the claimant fails to meet
23 his or her burden of proof then the court shall deny
24 the motion.
25 (y) No property shall be forfeited under this Section from
26a person who, without actual or constructive notice that the

HB0303 Enrolled- 87 -LRB100 05313 RLC 15324 b
1property was the subject of forfeiture proceedings, obtained
2possession of the property as a bona fide purchaser for value.
3A person who purports to affect transfer of property after
4receiving actual or constructive notice that the property is
5subject to seizure or forfeiture is guilty of contempt of
6court, and shall be liable to the State for a penalty in the
7amount of the fair market value of the property.
8 (z) Forfeiture proceedings under this Section shall be
9subject to the Code of Civil Procedure and the rules of
10evidence relating to civil actions.
11 (aa) Return of property, damages, and costs.
12 (1) The law enforcement agency that holds custody of
13 property seized for forfeiture shall deliver property
14 ordered by the court to be returned or conveyed to the
15 claimant within a reasonable time not to exceed 7 days,
16 unless the order is stayed by the trial court or a
17 reviewing court pending an appeal, motion to reconsider, or
18 other reason.
19 (2) The law enforcement agency that holds custody of
20 property is responsible for any damages, storage fees, and
21 related costs applicable to property returned. The
22 claimant shall not be subject to any charges by the State
23 for storage of the property or expenses incurred in the
24 preservation of the property. Charges for the towing of a
25 conveyance shall be borne by the claimant unless the
26 conveyance was towed for the sole reason of seizure for

HB0303 Enrolled- 88 -LRB100 05313 RLC 15324 b
1 forfeiture. This Section does not prohibit the imposition
2 of any fees or costs by a home rule unit of local
3 government related to the impoundment of a conveyance under
4 an ordinance enacted by the unit of government.
5 (3) A law enforcement agency shall not retain forfeited
6 property for its own use or transfer the property to any
7 person or entity, except as provided under this Section. A
8 law enforcement agency may apply in writing to the Director
9 of State Police to request that a forfeited property be
10 awarded to the agency for a specifically articulated
11 official law enforcement use in an investigation. The
12 Director of State Police shall provide a written
13 justification in each instance detailing the reasons why
14 the forfeited property was placed into official use and the
15 justification shall be retained for a period of not less
16 than 3 years.
17 (bb) The changes made to this Section by this amendatory
18Act of the 100th General Assembly are subject to Sections 2 and
194 of the Statute on Statutes.
20(Source: P.A. 99-480, eff. 9-9-15.)
21 (720 ILCS 5/33G-6)
22 (Section scheduled to be repealed on June 11, 2017)
23 Sec. 33G-6. Remedial proceedings, procedures, and
24forfeiture. Under this Article:
25 (a) The circuit court shall have jurisdiction to prevent

HB0303 Enrolled- 89 -LRB100 05313 RLC 15324 b
1and restrain violations of this Article by issuing appropriate
2orders, including:
3 (1) ordering any person to disgorge illicit proceeds
4 obtained by a violation of this Article or divest himself
5 or herself of any interest, direct or indirect, in any
6 enterprise or real or personal property of any character,
7 including money, obtained, directly or indirectly, by a
8 violation of this Article;
9 (2) imposing reasonable restrictions on the future
10 activities or investments of any person or enterprise,
11 including prohibiting any person or enterprise from
12 engaging in the same type of endeavor as the person or
13 enterprise engaged in, that violated this Article; or
14 (3) ordering dissolution or reorganization of any
15 enterprise, making due provision for the rights of innocent
16 persons.
17 (b) Any violation of this Article is subject to the
18remedies, procedures, and forfeiture as set forth in
19subsections (f) through (s) of Section 29B-1 of this Code.
20 (c) Property seized or forfeited under this Article is
21subject to reporting under the Seizure and Forfeiture Reporting
22Act.
23(Source: P.A. 97-686, eff. 6-11-12.)
24 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
25 Sec. 36-1. Property subject to forfeiture Seizure.

HB0303 Enrolled- 90 -LRB100 05313 RLC 15324 b
1 (a) Any vessel or watercraft, vehicle, or aircraft is
2subject to forfeiture under this Article may be seized and
3impounded by the law enforcement agency if the vessel or
4watercraft, vehicle, or aircraft is used with the knowledge and
5consent of the owner in the commission of or in the attempt to
6commit as defined in Section 8-4 of this Code:
7 (1) an offense prohibited by Section 9-1 (first degree
8 murder), Section 9-3 (involuntary manslaughter and
9 reckless homicide), Section 10-2 (aggravated kidnaping),
10 Section 11-1.20 (criminal sexual assault), Section 11-1.30
11 (aggravated criminal sexual assault), Section 11-1.40
12 (predatory criminal sexual assault of a child), subsection
13 (a) of Section 11-1.50 (criminal sexual abuse), subsection
14 (a), (c), or (d) of Section 11-1.60 (aggravated criminal
15 sexual abuse), Section 11-6 (indecent solicitation of a
16 child), Section 11-14.4 (promoting juvenile prostitution
17 except for keeping a place of juvenile prostitution),
18 Section 11-20.1 (child pornography), paragraph (a)(1),
19 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
20 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
21 (aggravated battery), Section 12-7.3 (stalking), Section
22 12-7.4 (aggravated stalking), Section 16-1 (theft if the
23 theft is of precious metal or of scrap metal), subdivision
24 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
25 18-2 (armed robbery), Section 19-1 (burglary), Section
26 19-2 (possession of burglary tools), Section 19-3

HB0303 Enrolled- 91 -LRB100 05313 RLC 15324 b
1 (residential burglary), Section 20-1 (arson; residential
2 arson; place of worship arson), Section 20-2 (possession of
3 explosives or explosive or incendiary devices),
4 subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
5 of weapons), Section 24-1.2 (aggravated discharge of a
6 firearm), Section 24-1.2-5 (aggravated discharge of a
7 machine gun or a firearm equipped with a device designed or
8 used for silencing the report of a firearm), Section 24-1.5
9 (reckless discharge of a firearm), Section 28-1
10 (gambling), or Section 29D-15.2 (possession of a deadly
11 substance) of this Code;
12 (2) an offense prohibited by Section 21, 22, 23, 24 or
13 26 of the Cigarette Tax Act if the vessel or watercraft,
14 vehicle, or aircraft contains more than 10 cartons of such
15 cigarettes;
16 (3) an offense prohibited by Section 28, 29, or 30 of
17 the Cigarette Use Tax Act if the vessel or watercraft,
18 vehicle, or aircraft contains more than 10 cartons of such
19 cigarettes;
20 (4) an offense prohibited by Section 44 of the
21 Environmental Protection Act;
22 (5) an offense prohibited by Section 11-204.1 of the
23 Illinois Vehicle Code (aggravated fleeing or attempting to
24 elude a peace officer);
25 (6) an offense prohibited by Section 11-501 of the
26 Illinois Vehicle Code (driving while under the influence of

HB0303 Enrolled- 92 -LRB100 05313 RLC 15324 b
1 alcohol or other drug or drugs, intoxicating compound or
2 compounds or any combination thereof) or a similar
3 provision of a local ordinance, and:
4 (A) during a period in which his or her driving
5 privileges are revoked or suspended if the revocation
6 or suspension was for:
7 (i) Section 11-501 (driving under the
8 influence of alcohol or other drug or drugs,
9 intoxicating compound or compounds or any
10 combination thereof),
11 (ii) Section 11-501.1 (statutory summary
12 suspension or revocation),
13 (iii) paragraph (b) of Section 11-401 (motor
14 vehicle accidents involving death or personal
15 injuries), or
16 (iv) reckless homicide as defined in Section
17 9-3 of this Code;
18 (B) has been previously convicted of reckless
19 homicide or a similar provision of a law of another
20 state relating to reckless homicide in which the person
21 was determined to have been under the influence of
22 alcohol, other drug or drugs, or intoxicating compound
23 or compounds as an element of the offense or the person
24 has previously been convicted of committing a
25 violation of driving under the influence of alcohol or
26 other drug or drugs, intoxicating compound or

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1 compounds or any combination thereof and was involved
2 in a motor vehicle accident that resulted in death,
3 great bodily harm, or permanent disability or
4 disfigurement to another, when the violation was a
5 proximate cause of the death or injuries;
6 (C) the person committed a violation of driving
7 under the influence of alcohol or other drug or drugs,
8 intoxicating compound or compounds or any combination
9 thereof under Section 11-501 of the Illinois Vehicle
10 Code or a similar provision for the third or subsequent
11 time;
12 (D) he or she did not possess a valid driver's
13 license or permit or a valid restricted driving permit
14 or a valid judicial driving permit or a valid
15 monitoring device driving permit; or
16 (E) he or she knew or should have known that the
17 vehicle he or she was driving was not covered by a
18 liability insurance policy;
19 (7) an offense described in subsection (g) of Section
20 6-303 of the Illinois Vehicle Code;
21 (8) an offense described in subsection (e) of Section
22 6-101 of the Illinois Vehicle Code; or
23 (9)(A) operating a watercraft under the influence of
24 alcohol, other drug or drugs, intoxicating compound or
25 compounds, or combination thereof under Section 5-16 of the
26 Boat Registration and Safety Act during a period in which

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1 his or her privileges to operate a watercraft are revoked
2 or suspended and the revocation or suspension was for
3 operating a watercraft under the influence of alcohol,
4 other drug or drugs, intoxicating compound or compounds, or
5 combination thereof; (B) operating a watercraft under the
6 influence of alcohol, other drug or drugs, intoxicating
7 compound or compounds, or combination thereof and has been
8 previously convicted of reckless homicide or a similar
9 provision of a law in another state relating to reckless
10 homicide in which the person was determined to have been
11 under the influence of alcohol, other drug or drugs,
12 intoxicating compound or compounds, or combination thereof
13 as an element of the offense or the person has previously
14 been convicted of committing a violation of operating a
15 watercraft under the influence of alcohol, other drug or
16 drugs, intoxicating compound or compounds, or combination
17 thereof and was involved in an accident that resulted in
18 death, great bodily harm, or permanent disability or
19 disfigurement to another, when the violation was a
20 proximate cause of the death or injuries; or (C) the person
21 committed a violation of operating a watercraft under the
22 influence of alcohol, other drug or drugs, intoxicating
23 compound or compounds, or combination thereof under
24 Section 5-16 of the Boat Registration and Safety Act or a
25 similar provision for the third or subsequent time.
26 (b) In addition, any mobile or portable equipment used in

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1the commission of an act which is in violation of Section 7g of
2the Metropolitan Water Reclamation District Act shall be
3subject to seizure and forfeiture under the same procedures
4provided in this Article for the seizure and forfeiture of
5vessels or watercraft, vehicles, and aircraft, and any such
6equipment shall be deemed a vessel or watercraft, vehicle, or
7aircraft for purposes of this Article.
8 (c) In addition, when a person discharges a firearm at
9another individual from a vehicle with the knowledge and
10consent of the owner of the vehicle and with the intent to
11cause death or great bodily harm to that individual and as a
12result causes death or great bodily harm to that individual,
13the vehicle shall be subject to seizure and forfeiture under
14the same procedures provided in this Article for the seizure
15and forfeiture of vehicles used in violations of clauses (1),
16(2), (3), or (4) of subsection (a) of this Section.
17 (d) If the spouse of the owner of a vehicle seized for an
18offense described in subsection (g) of Section 6-303 of the
19Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
20(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
2111-501 of the Illinois Vehicle Code, or Section 9-3 of this
22Code makes a showing that the seized vehicle is the only source
23of transportation and it is determined that the financial
24hardship to the family as a result of the seizure outweighs the
25benefit to the State from the seizure, the vehicle may be
26forfeited to the spouse or family member and the title to the

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1vehicle shall be transferred to the spouse or family member who
2is properly licensed and who requires the use of the vehicle
3for employment or family transportation purposes. A written
4declaration of forfeiture of a vehicle under this Section shall
5be sufficient cause for the title to be transferred to the
6spouse or family member. The provisions of this paragraph shall
7apply only to one forfeiture per vehicle. If the vehicle is the
8subject of a subsequent forfeiture proceeding by virtue of a
9subsequent conviction of either spouse or the family member,
10the spouse or family member to whom the vehicle was forfeited
11under the first forfeiture proceeding may not utilize the
12provisions of this paragraph in another forfeiture proceeding.
13If the owner of the vehicle seized owns more than one vehicle,
14the procedure set out in this paragraph may be used for only
15one vehicle.
16 (e) In addition, property subject to forfeiture declared
17contraband under Section 40 of the Illinois Streetgang
18Terrorism Omnibus Prevention Act may be seized and forfeited
19under this Article.
20(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
2199-78, eff. 7-20-15.)
22 (720 ILCS 5/36-1.1 new)
23 Sec. 36-1.1. Seizure.
24 (a) Any property subject to forfeiture under this Article
25may be seized and impounded by the Director of State Police or

HB0303 Enrolled- 97 -LRB100 05313 RLC 15324 b
1any peace officer upon process or seizure warrant issued by any
2court having jurisdiction over the property.
3 (b) Any property subject to forfeiture under this Article
4may be seized and impounded by the Director of State Police or
5any peace officer without process if there is probable cause to
6believe that the property is subject to forfeiture under
7Section 36-1 of this Article and the property is seized under
8circumstances in which a warrantless seizure or arrest would be
9reasonable.
10 (c) If the seized property is a conveyance, an
11investigation shall be made by the law enforcement agency as to
12any person whose right, title, interest, or lien is of record
13in the office of the agency or official in which title or
14interest to the conveyance is required by law to be recorded.
15 (d) After seizure under this Section, notice shall be given
16to all known interest holders that forfeiture proceedings,
17including a preliminary review, may be instituted and the
18proceedings may be instituted under this Article.
19 (720 ILCS 5/36-1.2 new)
20 Sec. 36-1.2. Receipt for seized property. If a law
21enforcement officer seizes property for forfeiture under this
22Article, the officer shall provide an itemized receipt to the
23person possessing the property or, in the absence of a person
24to whom the receipt could be given, shall leave the receipt in
25the place where the property was found, if possible.

HB0303 Enrolled- 98 -LRB100 05313 RLC 15324 b
1 (720 ILCS 5/36-1.3 new)
2 Sec. 36-1.3. Safekeeping of seized property pending
3disposition.
4 (a) Property seized under this Article is deemed to be in
5the custody of the Director of State Police subject only to the
6order and judgments of the circuit court having jurisdiction
7over the forfeiture proceedings and the decisions of the
8State's Attorney under this Article.
9 (b) If property is seized under this Article, the seizing
10agency shall promptly conduct an inventory of the seized
11property and estimate the property's value, and shall forward a
12copy of the inventory of seized property and the estimate of
13the property's value to the Director of State Police. Upon
14receiving notice of seizure, the Director of State Police may:
15 (1) place the property under seal;
16 (2) remove the property to a place designated by the
17 Director of State Police;
18 (3) keep the property in the possession of the seizing
19 agency;
20 (4) remove the property to a storage area for
21 safekeeping; or
22 (5) place the property under constructive seizure by
23 posting notice of pending forfeiture on it, by giving
24 notice of pending forfeiture to its owners and interest
25 holders, or by filing notice of pending forfeiture in any

HB0303 Enrolled- 99 -LRB100 05313 RLC 15324 b
1 appropriate public record relating to the property; or
2 (6) provide for another agency or custodian, including
3 an owner, secured party, or lienholder, to take custody of
4 the property upon the terms and conditions set by the
5 seizing agency.
6 (c) The seizing agency shall exercise ordinary care to
7protect the subject of the forfeiture from negligent loss,
8damage, or destruction.
9 (d) Property seized or forfeited under this Article is
10subject to reporting under the Seizure and Forfeiture Reporting
11Act.
12 (720 ILCS 5/36-1.4 new)
13 Sec. 36-1.4. Notice to State's Attorney. The law
14enforcement agency seizing property for forfeiture under this
15Article shall, as soon as practicable but not later than 28
16days after the seizure, notify the State's Attorney for the
17county in which an act or omission giving rise to the seizure
18occurred or in which the property was seized and the facts and
19circumstances giving rise to the seizure, and shall provide the
20State's Attorney with the inventory of the property and its
21estimated value. The notice shall be by the delivery of the
22form 4-64. If the property seized for forfeiture is a vehicle,
23the law enforcement agency seizing the property shall
24immediately notify the Secretary of State that forfeiture
25proceedings are pending regarding the vehicle.

HB0303 Enrolled- 100 -LRB100 05313 RLC 15324 b
1 (720 ILCS 5/36-1.5)
2 Sec. 36-1.5. Preliminary review.
3 (a) Within 14 days of the seizure, the State's Attorney in
4the county in which the seizure occurred shall seek a
5preliminary determination from the circuit court as to whether
6there is probable cause that the property may be subject to
7forfeiture.
8 (b) The rules of evidence shall not apply to any proceeding
9conducted under this Section.
10 (c) The court may conduct the review under subsection (a)
11simultaneously with a proceeding pursuant to Section 109-1 of
12the Code of Criminal Procedure of 1963 for a related criminal
13offense if a prosecution is commenced by information or
14complaint.
15 (d) The court may accept a finding of probable cause at a
16preliminary hearing following the filing of an information or
17complaint charging a related criminal offense or following the
18return of indictment by a grand jury charging the related
19offense as sufficient evidence of probable cause as required
20under subsection (a).
21 (e) Upon making a finding of probable cause as required
22under this Section, the circuit court shall order the property
23subject to the provisions of the applicable forfeiture Act held
24until the conclusion of any forfeiture proceeding.
25 For seizures of conveyances, within 28 7 days of a finding

HB0303 Enrolled- 101 -LRB100 05313 RLC 15324 b
1of probable cause under subsection (a), the registered owner or
2other claimant may file a motion in writing supported by sworn
3affidavits claiming that denial of the use of the conveyance
4during the pendency of the forfeiture proceedings creates a
5substantial hardship and alleges facts showing that the delay
6was not due to his or her culpable negligence. The court shall
7consider the following factors in determining whether a
8substantial hardship has been proven:
9 (1) the nature of the claimed hardship;
10 (2) the availability of public transportation or other
11 available means of transportation; and
12 (3) any available alternatives to alleviate the
13 hardship other than the return of the seized conveyance.
14 If the court determines that a substantial hardship has
15been proven, the court shall then balance the nature of the
16hardship against the State's interest in safeguarding the
17conveyance. If the court determines that the hardship outweighs
18the State's interest in safeguarding the conveyance, the court
19may temporarily release the conveyance to the registered owner
20or the registered owner's authorized designee, or both, until
21the conclusion of the forfeiture proceedings or for such
22shorter period as ordered by the court provided that the person
23to whom the conveyance is released provides proof of insurance
24and a valid driver's license and all State and local
25registrations for operation of the conveyance are current. The
26court shall place conditions on the conveyance limiting its use

HB0303 Enrolled- 102 -LRB100 05313 RLC 15324 b
1to the stated hardship and providing transportation for
2employment, religious purposes, medical needs, child care, and
3restricting the conveyance's use to only those individuals
4authorized to use the conveyance by the registered owner. The
5use of the vehicle shall be further restricted to exclude all
6recreational and entertainment purposes. The court may order
7additional restrictions it deems reasonable and just on its own
8motion or on motion of the People. The court shall revoke the
9order releasing the conveyance and order that the conveyance be
10reseized by law enforcement if the conditions of release are
11violated or if the conveyance is used in the commission of any
12offense identified in subsection (a) of Section 6-205 of the
13Illinois Vehicle Code.
14 If the court orders the release of the conveyance during
15the pendency of the forfeiture proceedings, the court may order
16the registered owner or his or her authorized designee to shall
17post a cash security with the Clerk of the Court as ordered by
18the court. If cash security is ordered, the The court shall
19consider the following factors in determining the amount of the
20cash security:
21 (A) the full market value of the conveyance;
22 (B) the nature of the hardship;
23 (C) the extent and length of the usage of the
24 conveyance; and
25 (D) the ability of the owner or designee to pay; and
26 such other conditions as the court deems necessary to

HB0303 Enrolled- 103 -LRB100 05313 RLC 15324 b
1 safeguard the conveyance.
2 (E) other conditions as the court deems necessary to
3 safeguard the conveyance.
4 If the conveyance is released, the court shall order that
5the registered owner or his or her designee safeguard the
6conveyance, not remove the conveyance from the jurisdiction,
7not conceal, destroy, or otherwise dispose of the conveyance,
8not encumber the conveyance, and not diminish the value of the
9conveyance in any way. The court shall also make a
10determination of the full market value of the conveyance prior
11to it being released based on a source or sources defined in 50
12Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
13 If the conveyance subject to forfeiture is released under
14this Section and is subsequently forfeited, the person to whom
15the conveyance was released shall return the conveyance to the
16law enforcement agency that seized the conveyance within 7 days
17from the date of the declaration of forfeiture or order of
18forfeiture. If the conveyance is not returned within 7 days,
19the cash security shall be forfeited in the same manner as the
20conveyance subject to forfeiture. If the cash security was less
21than the full market value, a judgment shall be entered against
22the parties to whom the conveyance was released and the
23registered owner, jointly and severally, for the difference
24between the full market value and the amount of the cash
25security. If the conveyance is returned in a condition other
26than the condition in which it was released, the cash security

HB0303 Enrolled- 104 -LRB100 05313 RLC 15324 b
1shall be returned to the surety who posted the security minus
2the amount of the diminished value, and that amount shall be
3forfeited in the same manner as the conveyance subject to
4forfeiture. Additionally, the court may enter an order allowing
5any law enforcement agency in the State of Illinois to seize
6the conveyance wherever it may be found in the State to satisfy
7the judgment if the cash security was less than the full market
8value of the conveyance.
9(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;
1098-1020, eff. 8-22-14.)
11 (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
12 Sec. 36-2. Complaint Action for forfeiture.
13 (a) If the The State's Attorney in the county in which such
14seizure occurs if he or she finds that the alleged violation of
15law giving rise to the seizure forfeiture was incurred without
16willful negligence or without any intention on the part of the
17owner of the vessel or watercraft, vehicle or aircraft or any
18person whose right, title or interest is of record as described
19in Section 36-1 of this Article, to violate the law, or finds
20the existence of such mitigating circumstances as to justify
21remission of the forfeiture, he or she may cause the law
22enforcement agency having custody of the property to return the
23property to the owner within a reasonable time not to exceed 7
24days to remit the same upon such terms and conditions as the
25State's Attorney deems reasonable and just. The State's

HB0303 Enrolled- 105 -LRB100 05313 RLC 15324 b
1Attorney shall exercise his or her discretion under this
2subsection (a) the foregoing provision of this Section 36-2(a)
3prior to or promptly after the preliminary review under Section
436-1.5.
5 (b) If, after review of the facts surrounding the seizure,
6the State's Attorney is of the opinion that the seized property
7is subject to forfeiture and the State's Attorney does not
8cause the forfeiture to be remitted under subsection (a) of
9this Section, he or she shall forthwith bring an action for
10forfeiture in the Circuit Court within whose jurisdiction the
11seizure and confiscation has taken place by filing a verified
12complaint of forfeiture in the circuit court within whose
13jurisdiction the seizure occurred, or within whose
14jurisdiction an act or omission giving rise to the seizure
15occurred, subject to Supreme Court Rule 187. The complaint
16shall be filed as soon as practicable but not less than 28 days
17after a finding of probable cause at a preliminary review under
18Section 36-1.5 of this Article. A complaint of forfeiture shall
19include:
20 (1) a description of the property seized;
21 (2) the date and place of seizure of the property;
22 (3) the name and address of the law enforcement agency
23 making the seizure; and
24 (4) the specific statutory and factual grounds for the
25 seizure.
26 The complaint shall be served upon each person whose right,

HB0303 Enrolled- 106 -LRB100 05313 RLC 15324 b
1title, or interest is of record in the office of the Secretary
2of State, the Secretary of Transportation, the Administrator of
3the Federal Aviation Agency, or any other department of this
4State, or any other state of the United States if the vessel or
5watercraft, vehicle, or aircraft is required to be so
6registered, as the case may be, the person from whom the
7property was seized, and all persons known or reasonably
8believed by the State to claim an interest in the property, as
9provided in this Article. The complaint shall be accompanied by
10the following written notice:
11 "This is a civil court proceeding subject to the Code of
12Civil Procedure. You received this Complaint of Forfeiture
13because the State's Attorney's office has brought a legal
14action seeking forfeiture of your seized property. This
15complaint starts the court process where the State seeks to
16prove that your property should be forfeited and not returned
17to you. This process is also your opportunity to try to prove
18to a judge that you should get your property back. The
19complaint lists the date, time, and location of your first
20court date. You must appear in court on that day, or you may
21lose the case automatically. You must also file an appearance
22and answer. If you are unable to pay the appearance fee, you
23may qualify to have the fee waived. If there is a criminal case
24related to the seizure of your property, your case may be set
25for trial after the criminal case has been resolved. Before
26trial, the judge may allow discovery, where the State can ask

HB0303 Enrolled- 107 -LRB100 05313 RLC 15324 b
1you to respond in writing to questions and give them certain
2documents, and you can make similar requests of the State. The
3trial is your opportunity to explain what happened when your
4property was seized and why you should get the property back." .
5The State's Attorney shall give notice of seizure and the
6forfeiture proceeding to each person according to the following
7method: upon each person whose right, title, or interest is of
8record in the office of the Secretary of State, the Secretary
9of Transportation, the Administrator of the Federal Aviation
10Agency, or any other department of this State, or any other
11state of the United States if the vessel or watercraft,
12vehicle, or aircraft is required to be so registered, as the
13case may be, by delivering the notice and complaint in open
14court or by certified mail to the address as given upon the
15records of the Secretary of State, the Division of Aeronautics
16of the Department of Transportation, the Capital Development
17Board, or any other department of this State or the United
18States if the vessel or watercraft, vehicle, or aircraft is
19required to be so registered.
20 (c) (Blank). The owner of the seized vessel or watercraft,
21vehicle, or aircraft or any person whose right, title, or
22interest is of record as described in Section 36-1, may within
2320 days after delivery in open court or the mailing of such
24notice file a verified answer to the Complaint and may appear
25at the hearing on the action for forfeiture.
26 (d) (Blank). The State shall show at such hearing by a

HB0303 Enrolled- 108 -LRB100 05313 RLC 15324 b
1preponderance of the evidence, that such vessel or watercraft,
2vehicle, or aircraft was used in the commission of an offense
3described in Section 36-1.
4 (e) (Blank). The owner of such vessel or watercraft,
5vehicle, or aircraft or any person whose right, title, or
6interest is of record as described in Section 36-1, may show by
7a preponderance of the evidence that he did not know, and did
8not have reason to know, that the vessel or watercraft,
9vehicle, or aircraft was to be used in the commission of such
10an offense or that any of the exceptions set forth in Section
1136-3 are applicable.
12 (f) (Blank). Unless the State shall make such showing, the
13Court shall order such vessel or watercraft, vehicle, or
14aircraft released to the owner. Where the State has made such
15showing, the Court may order the vessel or watercraft, vehicle,
16or aircraft destroyed or may order it forfeited to any local,
17municipal or county law enforcement agency, or the Department
18of State Police or the Department of Revenue of the State of
19Illinois.
20 (g) (Blank). A copy of the order shall be filed with the
21law enforcement agency, and with each Federal or State office
22or agency with which such vessel or watercraft, vehicle, or
23aircraft is required to be registered. Such order, when filed,
24constitutes authority for the issuance of clear title to such
25vessel or watercraft, vehicle, or aircraft, to the department
26or agency to whom it is delivered or any purchaser thereof. The

HB0303 Enrolled- 109 -LRB100 05313 RLC 15324 b
1law enforcement agency shall comply promptly with instructions
2to remit received from the State's Attorney or Attorney General
3in accordance with Sections 36-2(a) or 36-3.
4 (h) (Blank). The proceeds of any sale at public auction
5pursuant to Section 36-2 of this Act, after payment of all
6liens and deduction of the reasonable charges and expenses
7incurred by the State's Attorney's Office shall be paid to the
8law enforcement agency having seized the vehicle for
9forfeiture.
10(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
1199-78, eff. 7-20-15.)
12 (720 ILCS 5/36-2.1 new)
13 Sec. 36-2.1. Notice to Owner or Interest Holder. The first
14attempted service shall be commenced within 28 days of the
15receipt of the notice from the seizing agency by the form 4-64.
16If the property seized is a conveyance, notice shall also be
17directed to the address reflected in the office of the agency
18or official in which title or interest to the conveyance is
19required by law to be recorded. A complaint for forfeiture
20shall be served upon the property owner or interest holder in
21the following manner:
22 (1) If the owner's or interest holder's name and
23 current address are known, then by either:
24 (A) personal service; or
25 (B) mailing a copy of the notice by certified mail,

HB0303 Enrolled- 110 -LRB100 05313 RLC 15324 b
1 return receipt requested and first class mail, to that
2 address.
3 (i) If notice is sent by certified mail and no
4 signed return receipt is received by the State's
5 Attorney within 28 days of mailing, and no
6 communication from the owner or interest holder is
7 received by the State's Attorney documenting
8 actual notice by said parties, the State's
9 Attorney shall, within a reasonable period of
10 time, mail a second copy of the notice by certified
11 mail, return receipt requested and first class
12 mail, to that address.
13 (ii) If no signed return receipt is received by
14 the State's Attorney within 28 days of the second
15 attempt at service by certified mail, and no
16 communication from the owner or interest holder is
17 received by the State's Attorney documenting
18 actual notice by said parties, the State's
19 Attorney shall have 60 days to attempt to serve the
20 notice by personal service, which also includes
21 substitute service by leaving a copy at the usual
22 place of abode, with some person of the family or a
23 person residing there, of the age of 13 years or
24 upwards. If after 3 attempts at service in this
25 manner, no service of the notice is accomplished,
26 then the notice shall be posted in a conspicuous

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1 manner at this address and service shall be made by
2 the posting.
3 The attempts at service and the posting if
4 required, shall be documented by the person attempting
5 service and said documentation shall be made part of a
6 return of service returned to the State's Attorney.
7 The State's Attorney may utilize a Sheriff or
8 Deputy Sheriff, any peace officer, a private process
9 server or investigator, or any employee, agent, or
10 investigator of the State's Attorney's office to
11 attempt service without seeking leave of court.
12 After the procedures are followed, service shall
13 be effective on an owner or interest holder on the date
14 of receipt by the State's Attorney of a returned return
15 receipt requested, or on the date of receipt of a
16 communication from an owner or interest holder
17 documenting actual notice, whichever is first in time,
18 or on the date of the last act performed by the State's
19 Attorney in attempting personal service under item
20 (ii) of this paragraph (1). If notice is to be shown by
21 actual notice from communication with a claimant, then
22 the State's Attorney shall file an affidavit providing
23 details of the communication, which shall be accepted
24 as sufficient proof of service by the court.
25 For purposes of notice under this Section, if a
26 person has been arrested for the conduct giving rise to

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1 the forfeiture, the address provided to the arresting
2 agency at the time of arrest shall be deemed to be that
3 person's known address. Provided, however, if an owner
4 or interest holder's address changes prior to the
5 effective date of the complaint for forfeiture, the
6 owner or interest holder shall promptly notify the
7 seizing agency of the change in address or, if the
8 owner or interest holder's address changes subsequent
9 to the effective date of the notice of pending
10 forfeiture, the owner or interest holder shall
11 promptly notify the State's Attorney of the change in
12 address; or if the property seized is a conveyance, to
13 the address reflected in the office of the agency or
14 official in which title or interest to the conveyance
15 is required by law to be recorded.
16 (2) If the owner's or interest holder's address is not
17 known, and is not on record, then notice shall be served by
18 publication for 3 successive weeks in a newspaper of
19 general circulation in the county in which the seizure
20 occurred.
21 (3) Notice to any business entity, corporation, LLC,
22 LLP, or partnership shall be complete by a single mailing
23 of a copy of the notice by certified mail, return receipt
24 requested and first class mail, to that address. This
25 notice is complete regardless of the return of a signed
26 "return receipt requested".

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1 (4) Notice to a person whose address is not within the
2 State shall be complete by a single mailing of a copy of
3 the notice by certified mail, return receipt requested and
4 first class mail, to that address. This notice is complete
5 regardless of the return of a signed "return receipt
6 requested".
7 (5) Notice to a person whose address is not within the
8 United States shall be complete by a single mailing of a
9 copy of the notice by certified mail, return receipt
10 requested and first class mail, to that address. This
11 notice shall be complete regardless of the return of a
12 signed "return receipt requested". If certified mail is not
13 available in the foreign country where the person has an
14 address, then notice shall proceed by publication under
15 paragraph (2) of this Section.
16 (6) Notice to any person whom the State's Attorney
17 reasonably should know is incarcerated within the State
18 shall also include the mailing a copy of the notice by
19 certified mail, return receipt requested and first class
20 mail, to the address of the detention facility with the
21 inmate's name clearly marked on the envelope.
22 (720 ILCS 5/36-2.2 new)
23 Sec. 36-2.2. Replevin prohibited; return of personal
24property inside seized conveyance.
25 (a) Property seized under this Article shall not be subject

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1to replevin, but is deemed to be in the custody of the Director
2of State Police subject only to the order and judgments of the
3circuit court having jurisdiction over the forfeiture
4proceedings and the decisions of the State's Attorney.
5 (b) A claimant or a party interested in personal property
6contained within a seized conveyance may file a motion with the
7court in a judicial forfeiture action for the return of any
8personal property contained within a conveyance seized under
9this Article. The return of personal property shall not be
10unreasonably withheld if the personal property is not
11mechanically or electrically coupled to the conveyance, needed
12for evidentiary purposes, or otherwise contraband. A law
13enforcement agency that returns property under a court order
14under this Section shall not be liable to any person who claims
15ownership to the property if the property is returned to an
16improper party.
17 (720 ILCS 5/36-2.5 new)
18 Sec. 36-2.5. Judicial in rem procedures.
19 (a) The laws of evidence relating to civil actions shall
20apply to judicial in rem proceedings under this Article.
21 (b) Only an owner of or interest holder in the property may
22file an answer asserting a claim against the property in the
23action in rem. For purposes of this Section, the owner or
24interest holder shall be referred to as claimant. A person not
25named in the forfeiture complaint who claims to have an

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1interest in the property may petition to intervene as a
2claimant under Section 2-408 of the Code of Civil Procedure.
3 (c) The answer shall be filed with the court within 45 days
4after service of the civil in rem complaint.
5 (d) The trial shall be held within 60 days after filing of
6the answer unless continued for good cause.
7 (e) In its case in chief, the State shall show by a
8preponderance of the evidence that:
9 (1) the property is subject to forfeiture; and
10 (2) at least one of the following:
11 (i) the claimant knew or should have known that the
12 conduct was likely to occur; or
13 (ii) the claimant is not the true owner of the
14 property that is subject to forfeiture.
15 In any forfeiture case under this Article, a claimant may
16present evidence to overcome evidence presented by the State
17that the property is subject to forfeiture.
18 (f) Notwithstanding any other provision of this Section,
19the State's burden of proof at the trial of the forfeiture
20action shall be by clear and convincing evidence if:
21 (1) a finding of not guilty is entered as to all counts
22 and all defendants in a criminal proceeding relating to the
23 conduct giving rise to the forfeiture action; or
24 (2) the State receives an adverse finding at a
25 preliminary hearing and fails to secure an indictment in a
26 criminal proceeding related to the factual allegations of

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1 the forfeiture action.
2 (g) If the State does not meet its burden of proof, the
3court shall order the interest in the property returned or
4conveyed to the claimant and shall order all other property in
5which the State does meet its burden of proof forfeited to the
6State. If the State does meet its burden of proof, the court
7shall order all property forfeited to the State.
8 (h) A defendant convicted in any criminal proceeding is
9precluded from later denying the essential allegations of the
10criminal offense of which the defendant was convicted in any
11proceeding under this Article regardless of the pendency of an
12appeal from that conviction. However, evidence of the pendency
13of an appeal is admissible.
14 (i) An acquittal or dismissal in a criminal proceeding
15shall not preclude civil proceedings under this Act; however,
16for good cause shown, on a motion by either party, the court
17may stay civil forfeiture proceedings during the criminal trial
18for a related criminal indictment or information alleging a
19violation of law authorizing forfeiture under Section 36-1 of
20this Article.
21 (j) Title to all property declared forfeited under this Act
22vests in this State on the commission of the conduct giving
23rise to forfeiture together with the proceeds of the property
24after that time. Except as otherwise provided in this Article,
25any property or proceeds subsequently transferred to any person
26remain subject to forfeiture unless a person to whom the

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1property was transferred makes an appropriate claim under or
2has their claim adjudicated at the judicial in rem hearing.
3 (k) No property shall be forfeited under this Article from
4a person who, without actual or constructive notice that the
5property was the subject of forfeiture proceedings, obtained
6possession of the property as a bona fide purchaser for value.
7A person who purports to transfer property after receiving
8actual or constructive notice that the property is subject to
9seizure or forfeiture is guilty of contempt of court, and shall
10be liable to the State for a penalty in the amount of the fair
11market value of the property.
12 (l) A civil action under this Article shall be commenced
13within 5 years after the last conduct giving rise to forfeiture
14became known or should have become known or 5 years after the
15forfeitable property is discovered, whichever is later,
16excluding any time during which either the property or claimant
17is out of the State or in confinement or during which criminal
18proceedings relating to the same conduct are in progress.
19 (m) If property is ordered forfeited under this Article
20from a claimant who held title to the property in joint tenancy
21or tenancy in common with another claimant, the court shall
22determine the amount of each owner's interest in the property
23according to principles of property law.
24 (720 ILCS 5/36-2.7 new)
25 Sec. 36-2.7. Innocent owner hearing.

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1 (a) After a complaint for forfeiture has been filed and all
2claimants have appeared and answered, a claimant may file a
3motion with the court for an innocent owner hearing prior to
4trial. This motion shall be made and supported by sworn
5affidavit and shall assert the following along with specific
6facts which support each assertion:
7 (1) that the claimant filing the motion is the true
8 owner of the conveyance as interpreted by case law; and
9 (2) that the claimant did not know or did not have
10 reason to know the conduct giving rise to the forfeiture
11 was likely to occur.
12 (b) The claimant shall include specific facts which support
13these assertions in their motion.
14 (c) Upon the filing, a hearing may only be conducted after
15the parties have been given the opportunity to conduct limited
16discovery as to the ownership and control of the property, the
17claimant's knowledge, or any matter relevant to the issues
18raised or facts alleged in the claimant's motion. Discovery
19shall be limited to the People's requests in these areas but
20may proceed by any means allowed in the Code of Civil
21Procedure.
22 (d) After discovery is complete and the court has allowed
23for sufficient time to review and investigate the discovery
24responses, the court shall conduct a hearing. At the hearing,
25the fact that the conveyance is subject to forfeiture shall not
26be at issue. The court shall only hear evidence relating to the

HB0303 Enrolled- 119 -LRB100 05313 RLC 15324 b
1issue of innocent ownership.
2 (e) At the hearing on the motion, the claimant shall bear
3the burden of proving each of the assertions listed in
4subsection (a) of this Section by a preponderance of the
5evidence.
6 (f) If a claimant meets their burden of proof, the court
7shall grant the motion and order the conveyance returned to the
8claimant. If the claimant fails to meet their burden of proof,
9the court shall deny the motion and the forfeiture case shall
10proceed according to the Rules of Civil Procedure.
11 (720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
12 Sec. 36-3. Exemptions from Exceptions to forfeiture.
13 (a) No vessel or watercraft, vehicle, or aircraft used by
14any person as a common carrier in the transaction of business
15as such common carrier may be forfeited under the provisions of
16Section 36-2 unless the State proves by a preponderance of the
17evidence it appears that (1) in the case of a railway car or
18engine, the owner, or (2) in the case of any other such vessel
19or watercraft, vehicle or aircraft, the owner or the master of
20such vessel or watercraft or the owner or conductor, driver,
21pilot, or other person in charge of such vehicle or aircraft
22was at the time of the alleged illegal act a consenting party
23or privy thereto.
24 (b) No vessel or watercraft, vehicle, or aircraft shall be
25forfeited under the provisions of Section 36-2 of this Article

HB0303 Enrolled- 120 -LRB100 05313 RLC 15324 b
1by reason of any act or omission established by the owner
2thereof to have been committed or omitted by any person other
3than such owner while such vessel or watercraft, vehicle, or
4aircraft was unlawfully in the possession of a person who
5acquired possession thereof in violation of the criminal laws
6of the United States, or of any state.
7(Source: P.A. 98-699, eff. 1-1-15.)
8 (720 ILCS 5/36-3.1 new)
9 Sec. 36-3.1. Proportionality. Property forfeited under
10this Article shall be subject to an 8th Amendment to the United
11States Constitution disproportionate penalties analysis, and
12the property forfeiture may be denied in whole or in part if
13the court finds that the forfeiture would constitute an
14excessive fine in violation of the 8th Amendment to the United
15States Constitution, as interpreted by case law.
16 (720 ILCS 5/36-6 new)
17 Sec. 36-6. Return of property, damages and costs.
18 (a) The law enforcement agency that holds custody of
19property seized for forfeiture shall return to the claimant,
20within a reasonable period of time not to exceed 7 days unless
21the order is stayed by the trial court or a reviewing court
22pending an appeal, motion to reconsider, or other reason after
23the court orders the property to be returned or conveyed to the
24claimant:

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1 (1) property ordered by the court to be conveyed or
2 returned to the claimant; and
3 (2) property ordered by the court to be conveyed or
4 returned to the claimant under subsection (d) of Section
5 36-3.1 of this Article.
6 (b) The law enforcement agency that holds custody of
7property seized under this Article is responsible for any
8damages, storage fees, and related costs applicable to property
9returned to a claimant under this Article. The claimant shall
10not be subject to any charges by the State for storage of the
11property or expenses incurred in the preservation of the
12property. Charges for the towing of a conveyance shall be borne
13by the claimant unless the conveyance was towed for the sole
14reason of seizure for forfeiture. This subsection does not
15prohibit the imposition of any fees or costs by a home rule
16unit of local government related to the impoundment of a
17conveyance under an ordinance enacted by the unit of
18government.
19 (720 ILCS 5/36-7 new)
20 Sec. 36-7. Distribution of proceeds; selling or retaining
21seized property prohibited.
22 (a) Except as otherwise provided in this Section, the court
23shall order that property forfeited under this Article be
24delivered to the Department of State Police within 60 days.
25 (b) The Department of State Police or its designee shall

HB0303 Enrolled- 122 -LRB100 05313 RLC 15324 b
1dispose of all property at public auction and shall distribute
2the proceeds of the sale, together with any moneys forfeited or
3seized, under subsection (c) of this Section.
4 (c) All monies and the sale proceeds of all other property
5forfeited and seized under this Act shall be distributed as
6follows:
7 (1) 65% shall be distributed to the drug task force,
8 metropolitan enforcement group, local, municipal, county,
9 or state law enforcement agency or agencies which conducted
10 or participated in the investigation resulting in the
11 forfeiture. The distribution shall bear a reasonable
12 relationship to the degree of direct participation of the
13 law enforcement agency in the effort resulting in the
14 forfeiture, taking into account the total value of the
15 property forfeited and the total law enforcement effort
16 with respect to the violation of the law upon which the
17 forfeiture is based. Amounts distributed to the agency or
18 agencies shall be used, at the discretion of the agency,
19 for the enforcement of criminal laws; or for public
20 education in the community or schools in the prevention or
21 detection of the abuse of drugs or alcohol; or for security
22 cameras used for the prevention or detection of violence,
23 except that amounts distributed to the Secretary of State
24 shall be deposited into the Secretary of State Evidence
25 Fund to be used as provided in Section 2-115 of the
26 Illinois Vehicle Code.

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1 Any local, municipal, or county law enforcement agency
2 entitled to receive a monetary distribution of forfeiture
3 proceeds may share those forfeiture proceeds pursuant to
4 the terms of an intergovernmental agreement with a
5 municipality that has a population in excess of 20,000 if:
6 (A) the receiving agency has entered into an
7 intergovernmental agreement with the municipality to
8 provide police services;
9 (B) the intergovernmental agreement for police
10 services provides for consideration in an amount of not
11 less than $1,000,000 per year;
12 (C) the seizure took place within the geographical
13 limits of the municipality; and
14 (D) the funds are used only for the enforcement of
15 criminal laws; for public education in the community or
16 schools in the prevention or detection of the abuse of
17 drugs or alcohol; or for security cameras used for the
18 prevention or detection of violence or the
19 establishment of a municipal police force, including
20 the training of officers, construction of a police
21 station, the purchase of law enforcement equipment, or
22 vehicles.
23 (2) 12.5% shall be distributed to the Office of the
24 State's Attorney of the county in which the prosecution
25 resulting in the forfeiture was instituted, deposited in a
26 special fund in the county treasury and appropriated to the

HB0303 Enrolled- 124 -LRB100 05313 RLC 15324 b
1 State's Attorney for use, at the discretion of the State's
2 Attorney, in the enforcement of criminal laws; or for
3 public education in the community or schools in the
4 prevention or detection of the abuse of drugs or alcohol;
5 or at the discretion of the State's Attorney, in addition
6 to other authorized purposes, to make grants to local
7 substance abuse treatment facilities and half-way houses.
8 In counties over 3,000,000 population, 25% will be
9 distributed to the Office of the State's Attorney for use,
10 at the discretion of the State's Attorney, in the
11 enforcement of criminal laws; or for public education in
12 the community or schools in the prevention or detection of
13 the abuse of drugs or alcohol; or at the discretion of the
14 State's Attorney, in addition to other authorized
15 purposes, to make grants to local substance abuse treatment
16 facilities and half-way houses. If the prosecution is
17 undertaken solely by the Attorney General, the portion
18 provided shall be distributed to the Attorney General for
19 use in the enforcement of criminal laws governing cannabis
20 and controlled substances or for public education in the
21 community or schools in the prevention or detection of the
22 abuse of drugs or alcohol.
23 12.5% shall be distributed to the Office of the State's
24 Attorneys Appellate Prosecutor and shall be used at the
25 discretion of the State's Attorneys Appellate Prosecutor
26 for additional expenses incurred in the investigation,

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1 prosecution and appeal of cases arising in the enforcement
2 of criminal laws; or for public education in the community
3 or schools in the prevention or detection of the abuse of
4 drugs or alcohol. The Office of the State's Attorneys
5 Appellate Prosecutor shall not receive distribution from
6 cases brought in counties with over 3,000,000 population.
7 (3) 10% shall be retained by the Department of State
8 Police for expenses related to the administration and sale
9 of seized and forfeited property.
10 (d) A law enforcement agency shall not retain forfeited
11property for its own use or transfer the property to any person
12or entity, except as provided under this Section. A law
13enforcement agency may apply in writing to the Director of
14State Police to request that a forfeited property be awarded to
15the agency for a specifically articulated official law
16enforcement use in an investigation. The Director of State
17Police shall provide a written justification in each instance
18detailing the reasons why the forfeited property was placed
19into official use, and the justification shall be retained for
20a period of not less than 3 years.
21 (720 ILCS 5/36-9 new)
22 Sec. 36-9. Reporting. Property seized or forfeited under
23this Article is subject to reporting under the Seizure and
24Forfeiture Reporting Act.

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1 (720 ILCS 5/47-15)
2 Sec. 47-15. Dumping garbage upon real property.
3 (a) It is unlawful for a person to dump, deposit, or place
4garbage, rubbish, trash, or refuse upon real property not owned
5by that person without the consent of the owner or person in
6possession of the real property.
7 (b) A person who violates this Section is liable to the
8owner or person in possession of the real property on which the
9garbage, rubbish, trash, or refuse is dumped, deposited, or
10placed for the reasonable costs incurred by the owner or person
11in possession for cleaning up and properly disposing of the
12garbage, rubbish, trash, or refuse, and for reasonable
13attorneys' fees.
14 (c) A person violating this Section is guilty of a Class B
15misdemeanor for which the court must impose a minimum fine of
16$500. A second conviction for an offense committed after the
17first conviction is a Class A misdemeanor for which the court
18must impose a minimum fine of $500. A third or subsequent
19violation, committed after a second conviction, is a Class 4
20felony for which the court must impose a minimum fine of $500.
21A person who violates this Section and who has an equity
22interest in a motor vehicle used in violation of this Section
23is presumed to have the financial resources to pay the minimum
24fine not exceeding his or her equity interest in the vehicle.
25Personal property used by a person in violation of this Section
26shall on the third or subsequent conviction of the person be

HB0303 Enrolled- 127 -LRB100 05313 RLC 15324 b
1forfeited to the county where the violation occurred and
2disposed of at a public sale. Before the forfeiture, the court
3shall conduct a hearing to determine whether property is
4subject to forfeiture under this Section. At the forfeiture
5hearing the State has the burden of establishing by a
6preponderance of the evidence that property is subject to
7forfeiture under this Section. Property seized or forfeited
8under this Section is subject to reporting under the Seizure
9and Forfeiture Reporting Act.
10 (d) The statutory minimum fine required by subsection (c)
11is not subject to reduction or suspension unless the defendant
12is indigent. If the defendant files a motion with the court
13asserting his or her inability to pay the mandatory fine
14required by this Section, the court must set a hearing on the
15motion before sentencing. The court must require an affidavit
16signed by the defendant containing sufficient information to
17ascertain the assets and liabilities of the defendant. If the
18court determines that the defendant is indigent, the court must
19require that the defendant choose either to pay the minimum
20fine of $500 or to perform 100 hours of community service.
21(Source: P.A. 90-655, eff. 7-30-98; 91-409, eff. 1-1-00.)
22 (720 ILCS 5/36-1a rep.)
23 (720 ILCS 5/36-5 rep.)
24 Section 140. The Criminal Code of 2012 is amended by
25repealing Sections 36-1a and 36-5.

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1 Section 145. The Cannabis Control Act is amended by
2changing Section 12 as follows:
3 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
4 Sec. 12. (a) The following are subject to forfeiture:
5 (1) (blank); all substances containing cannabis which
6 have been produced, manufactured, delivered, or possessed
7 in violation of this Act;
8 (2) all raw materials, products and equipment of any
9 kind which are produced, delivered, or possessed in
10 connection with any substance containing cannabis in a
11 felony violation of this Act;
12 (3) all conveyances, including aircraft, vehicles or
13 vessels, which are used, or intended for use, to transport,
14 or in any manner to facilitate the transportation, sale,
15 receipt, possession, or concealment of any substance
16 containing cannabis or property described in paragraph (1)
17 or (2) of this subsection (a) that constitutes a felony
18 violation of the Act, but:
19 (i) no conveyance used by any person as a common
20 carrier in the transaction of business as a common
21 carrier is subject to forfeiture under this Section
22 unless it appears that the owner or other person in
23 charge of the conveyance is a consenting party or privy
24 to the a violation of this Act;

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1 (ii) no conveyance is subject to forfeiture under
2 this Section by reason of any act or omission which the
3 owner proves to have been committed or omitted without
4 his knowledge or consent;
5 (iii) a forfeiture of a conveyance encumbered by a
6 bona fide security interest is subject to the interest
7 of the secured party if he neither had knowledge of nor
8 consented to the act or omission;
9 (4) all money, things of value, books, records, and
10 research products and materials including formulas,
11 microfilm, tapes, and data which are used, or intended for
12 use in a felony violation of this Act;
13 (5) everything of value furnished or intended to be
14 furnished by any person in exchange for a substance in
15 violation of this Act, all proceeds traceable to such an
16 exchange, and all moneys, negotiable instruments, and
17 securities used, or intended to be used, to commit or in
18 any manner to facilitate any felony violation of this Act;
19 (6) all real property, including any right, title, and
20 interest including, but not limited to, any leasehold
21 interest or the beneficial interest to a land trust, in the
22 whole of any lot or tract of land and any appurtenances or
23 improvements, that is used or intended to be used to
24 facilitate the manufacture, distribution, sale, receipt,
25 or concealment of a substance containing cannabis or
26 property described in paragraph (1) or (2) of this

HB0303 Enrolled- 130 -LRB100 05313 RLC 15324 b
1 subsection (a) that constitutes a felony violation of this
2 Act involving more than 2,000 grams of a substance
3 containing cannabis or that is the proceeds of any felony
4 violation of this Act.
5 (b) Property subject to forfeiture under this Act may be
6seized under the Drug Asset Forfeiture Procedure Act. In the
7event of seizure, forfeiture proceedings shall be instituted
8under the Drug Asset Forfeiture Procedure Act. by the Director
9or any peace officer upon process or seizure warrant issued by
10any court having jurisdiction over the property. Seizure by the
11Director or any peace officer without process may be made:
12 (1) if the property subject to seizure has been the
13 subject of a prior judgment in favor of the State in a
14 criminal proceeding or in an injunction or forfeiture
15 proceeding based upon this Act or the Drug Asset Forfeiture
16 Procedure Act;
17 (2) if there is probable cause to believe that the
18 property is directly or indirectly dangerous to health or
19 safety;
20 (3) if there is probable cause to believe that the
21 property is subject to forfeiture under this Act and the
22 property is seized under circumstances in which a
23 warrantless seizure or arrest would be reasonable; or
24 (4) in accordance with the Code of Criminal Procedure
25 of 1963.
26 (c) Forfeiture under this Act is subject to subject to an

HB0303 Enrolled- 131 -LRB100 05313 RLC 15324 b
18th amendment to the United States Constitution
2disproportionate penalties analysis as provided under Section
39.5 of the Drug Asset Forfeiture Procedure Act. In the event of
4seizure pursuant to subsection (b), notice shall be given
5forthwith to all known interest holders that forfeiture
6proceedings, including a preliminary review, shall be
7instituted in accordance with the Drug Asset Forfeiture
8Procedure Act and such proceedings shall thereafter be
9instituted in accordance with that Act. Upon a showing of good
10cause, the notice required for a preliminary review under this
11Section may be postponed.
12 (c-1) With regard to possession of cannabis offenses only,
13a sum of currency with a value of less than $500 shall not be
14subject to forfeiture under this Act. For all other offenses
15under this Act, a sum of currency with a value of less than
16$100 shall not be subject to forfeiture under this Act. In
17seizures of currency in excess of these amounts, this Section
18shall not create an exemption for these amounts. In the event
19the State's Attorney is of the opinion that real property is
20subject to forfeiture under this Act, forfeiture proceedings
21shall be instituted in accordance with the Drug Asset
22Forfeiture Procedure Act. The exemptions from forfeiture
23provisions of Section 8 of the Drug Asset Forfeiture Procedure
24Act are applicable.
25 (d) (Blank). Property taken or detained under this Section
26shall not be subject to replevin, but is deemed to be in the

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1custody of the Director subject only to the order and judgments
2of the circuit court having jurisdiction over the forfeiture
3proceedings and the decisions of the State's Attorney under the
4Drug Asset Forfeiture Procedure Act. When property is seized
5under this Act, the seizing agency shall promptly conduct an
6inventory of the seized property, estimate the property's
7value, and shall forward a copy of the inventory of seized
8property and the estimate of the property's value to the
9Director. Upon receiving notice of seizure, the Director may:
10 (1) place the property under seal;
11 (2) remove the property to a place designated by him;
12 (3) keep the property in the possession of the seizing
13 agency;
14 (4) remove the property to a storage area for
15 safekeeping or, if the property is a negotiable instrument
16 or money and is not needed for evidentiary purposes,
17 deposit it in an interest bearing account;
18 (5) place the property under constructive seizure by
19 posting notice of pending forfeiture on it, by giving
20 notice of pending forfeiture to its owners and interest
21 holders, or by filing notice of pending forfeiture in any
22 appropriate public record relating to the property; or
23 (6) provide for another agency or custodian, including
24 an owner, secured party, or lienholder, to take custody of
25 the property upon the terms and conditions set by the
26 Director.

HB0303 Enrolled- 133 -LRB100 05313 RLC 15324 b
1 (e) (Blank). No disposition may be made of property under
2seal until the time for taking an appeal has elapsed or until
3all appeals have been concluded unless a court, upon
4application therefor, orders the sale of perishable substances
5and the deposit of the proceeds of the sale with the court.
6 (f) (Blank). When property is forfeited under this Act the
7Director shall sell all such property unless such property is
8required by law to be destroyed or is harmful to the public,
9and shall distribute the proceeds of the sale, together with
10any moneys forfeited or seized, in accordance with subsection
11(g). However, upon the application of the seizing agency or
12prosecutor who was responsible for the investigation, arrest or
13arrests and prosecution which lead to the forfeiture, the
14Director may return any item of forfeited property to the
15seizing agency or prosecutor for official use in the
16enforcement of laws relating to cannabis or controlled
17substances, if the agency or prosecutor can demonstrate that
18the item requested would be useful to the agency or prosecutor
19in their enforcement efforts. When any forfeited conveyance,
20including an aircraft, vehicle, or vessel, is returned to the
21seizing agency or prosecutor, the conveyance may be used
22immediately in the enforcement of the criminal laws of this
23State. Upon disposal, all proceeds from the sale of the
24conveyance must be used for drug enforcement purposes. When any
25real property returned to the seizing agency is sold by the
26agency or its unit of government, the proceeds of the sale

HB0303 Enrolled- 134 -LRB100 05313 RLC 15324 b
1shall be delivered to the Director and distributed in
2accordance with subsection (g).
3 (g) (Blank). All monies and the sale proceeds of all other
4property forfeited and seized under this Act shall be
5distributed as follows:
6 (1)(i) 65% shall be distributed to the metropolitan
7 enforcement group, local, municipal, county, or state law
8 enforcement agency or agencies which conducted or
9 participated in the investigation resulting in the
10 forfeiture. The distribution shall bear a reasonable
11 relationship to the degree of direct participation of the
12 law enforcement agency in the effort resulting in the
13 forfeiture, taking into account the total value of the
14 property forfeited and the total law enforcement effort
15 with respect to the violation of the law upon which the
16 forfeiture is based. Amounts distributed to the agency or
17 agencies shall be used for the enforcement of laws
18 governing cannabis and controlled substances; for public
19 education in the community or schools in the prevention or
20 detection of the abuse of drugs or alcohol; or for security
21 cameras used for the prevention or detection of violence,
22 except that amounts distributed to the Secretary of State
23 shall be deposited into the Secretary of State Evidence
24 Fund to be used as provided in Section 2-115 of the
25 Illinois Vehicle Code.
26 (ii) Any local, municipal, or county law enforcement

HB0303 Enrolled- 135 -LRB100 05313 RLC 15324 b
1 agency entitled to receive a monetary distribution of
2 forfeiture proceeds may share those forfeiture proceeds
3 pursuant to the terms of an intergovernmental agreement
4 with a municipality that has a population in excess of
5 20,000 if:
6 (I) the receiving agency has entered into an
7 intergovernmental agreement with the municipality to
8 provide police services;
9 (II) the intergovernmental agreement for police
10 services provides for consideration in an amount of not
11 less than $1,000,000 per year;
12 (III) the seizure took place within the
13 geographical limits of the municipality; and
14 (IV) the funds are used only for the enforcement of
15 laws governing cannabis and controlled substances; for
16 public education in the community or schools in the
17 prevention or detection of the abuse of drugs or
18 alcohol; or for security cameras used for the
19 prevention or detection of violence or the
20 establishment of a municipal police force, including
21 the training of officers, construction of a police
22 station, the purchase of law enforcement equipment, or
23 vehicles.
24 (2)(i) 12.5% shall be distributed to the Office of the
25 State's Attorney of the county in which the prosecution
26 resulting in the forfeiture was instituted, deposited in a

HB0303 Enrolled- 136 -LRB100 05313 RLC 15324 b
1 special fund in the county treasury and appropriated to the
2 State's Attorney for use in the enforcement of laws
3 governing cannabis and controlled substances; for public
4 education in the community or schools in the prevention or
5 detection of the abuse of drugs or alcohol; or at the
6 discretion of the State's Attorney, in addition to other
7 authorized purposes, to make grants to local substance
8 abuse treatment facilities and half-way houses. In
9 counties over 3,000,000 population, 25% will be
10 distributed to the Office of the State's Attorney for use
11 in the enforcement of laws governing cannabis and
12 controlled substances; for public education in the
13 community or schools in the prevention or detection of the
14 abuse of drugs or alcohol; or at the discretion of the
15 State's Attorney, in addition to other authorized
16 purposes, to make grants to local substance abuse treatment
17 facilities and half-way houses. If the prosecution is
18 undertaken solely by the Attorney General, the portion
19 provided hereunder shall be distributed to the Attorney
20 General for use in the enforcement of laws governing
21 cannabis and controlled substances.
22 (ii) 12.5% shall be distributed to the Office of the
23 State's Attorneys Appellate Prosecutor and deposited in
24 the Narcotics Profit Forfeiture Fund of that Office to be
25 used for additional expenses incurred in the
26 investigation, prosecution and appeal of cases arising

HB0303 Enrolled- 137 -LRB100 05313 RLC 15324 b
1 under laws governing cannabis and controlled substances or
2 for public education in the community or schools in the
3 prevention or detection of the abuse of drugs or alcohol.
4 The Office of the State's Attorneys Appellate Prosecutor
5 shall not receive distribution from cases brought in
6 counties with over 3,000,000 population.
7 (3) 10% shall be retained by the Department of State
8 Police for expenses related to the administration and sale
9 of seized and forfeited property.
10 (h) Contraband, including cannabis possessed without
11authorization under State or federal law, is not subject to
12forfeiture. No property right exists in contraband. Contraband
13is subject to seizure and shall be disposed of according to
14State law.
15(Source: P.A. 99-686, eff. 7-29-16.)
16 Section 150. The Illinois Controlled Substances Act is
17amended by changing Section 505 as follows:
18 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
19 Sec. 505. (a) The following are subject to forfeiture:
20 (1) (blank); all substances which have been
21 manufactured, distributed, dispensed, or possessed in
22 violation of this Act;
23 (2) all raw materials, products and equipment of any
24 kind which are used, or intended for use in manufacturing,

HB0303 Enrolled- 138 -LRB100 05313 RLC 15324 b
1 distributing, dispensing, administering or possessing any
2 substance in violation of this Act;
3 (3) all conveyances, including aircraft, vehicles or
4 vessels, which are used, or intended for use, to transport,
5 or in any manner to facilitate the transportation, sale,
6 receipt, possession, or concealment of substances
7 manufactured, distributed, dispensed, or possessed in
8 violation of this Act, or property described in paragraphs
9 (1) and (2)of this subsection (a), but:
10 (i) no conveyance used by any person as a common
11 carrier in the transaction of business as a common
12 carrier is subject to forfeiture under this Section
13 unless it appears that the owner or other person in
14 charge of the conveyance is a consenting party or privy
15 to a violation of this Act;
16 (ii) no conveyance is subject to forfeiture under
17 this Section by reason of any act or omission which the
18 owner proves to have been committed or omitted without
19 his or her knowledge or consent;
20 (iii) a forfeiture of a conveyance encumbered by a
21 bona fide security interest is subject to the interest
22 of the secured party if he or she neither had knowledge
23 of nor consented to the act or omission;
24 (4) all money, things of value, books, records, and
25 research products and materials including formulas,
26 microfilm, tapes, and data which are used, or intended to

HB0303 Enrolled- 139 -LRB100 05313 RLC 15324 b
1 be used in violation of this Act;
2 (5) everything of value furnished, or intended to be
3 furnished, in exchange for a substance in violation of this
4 Act, all proceeds traceable to such an exchange, and all
5 moneys, negotiable instruments, and securities used, or
6 intended to be used, to commit or in any manner to
7 facilitate any violation of this Act;
8 (6) all real property, including any right, title, and
9 interest (including, but not limited to, any leasehold
10 interest or the beneficial interest in a land trust) in the
11 whole of any lot or tract of land and any appurtenances or
12 improvements, which is used or intended to be used, in any
13 manner or part, to commit, or in any manner to facilitate
14 the commission of, any violation or act that constitutes a
15 violation of Section 401 or 405 of this Act or that is the
16 proceeds of any violation or act that constitutes a
17 violation of Section 401 or 405 of this Act.
18 (b) Property subject to forfeiture under this Act may be
19seized under the Drug Asset Forfeiture Procedure Act. In the
20event of seizure, forfeiture proceedings shall be instituted
21under the Drug Asset Forfeiture Procedure Act. seized by the
22Director or any peace officer upon process or seizure warrant
23issued by any court having jurisdiction over the property.
24Seizure by the Director or any peace officer without process
25may be made:
26 (1) if the seizure is incident to inspection under an

HB0303 Enrolled- 140 -LRB100 05313 RLC 15324 b
1 administrative inspection warrant;
2 (2) if the property subject to seizure has been the
3 subject of a prior judgment in favor of the State in a
4 criminal proceeding, or in an injunction or forfeiture
5 proceeding based upon this Act or the Drug Asset Forfeiture
6 Procedure Act;
7 (3) if there is probable cause to believe that the
8 property is directly or indirectly dangerous to health or
9 safety;
10 (4) if there is probable cause to believe that the
11 property is subject to forfeiture under this Act and the
12 property is seized under circumstances in which a
13 warrantless seizure or arrest would be reasonable; or
14 (5) in accordance with the Code of Criminal Procedure
15 of 1963.
16 (c) Forfeiture under this Act is subject to subject to an
178th amendment to the United States Constitution
18disproportionate penalties analysis as provided under Section
199.5 of the Drug Asset Forfeiture Procedure Act. In the event of
20seizure pursuant to subsection (b), notice shall be given
21forthwith to all known interest holders that forfeiture
22proceedings, including a preliminary review, shall be
23instituted in accordance with the Drug Asset Forfeiture
24Procedure Act and such proceedings shall thereafter be
25instituted in accordance with that Act. Upon a showing of good
26cause, the notice required for a preliminary review under this

HB0303 Enrolled- 141 -LRB100 05313 RLC 15324 b
1Section may be postponed.
2 (d) With regard to possession of controlled substances
3offenses only, a sum of currency with a value of less than $500
4shall not be subject to forfeiture under this Act. For all
5other offenses under this Act, currency with a value of under
6$100 shall not be subject to forfeiture under this Act.
7Property taken or detained under this Section shall not be
8subject to replevin, but is deemed to be in the custody of the
9Director subject only to the order and judgments of the circuit
10court having jurisdiction over the forfeiture proceedings and
11the decisions of the State's Attorney under the Drug Asset
12Forfeiture Procedure Act. When property is seized under this
13Act, the seizing agency shall promptly conduct an inventory of
14the seized property and estimate the property's value, and
15shall forward a copy of the inventory of seized property and
16the estimate of the property's value to the Director. Upon
17receiving notice of seizure, the Director may:
18 (1) place the property under seal;
19 (2) remove the property to a place designated by the
20 Director;
21 (3) keep the property in the possession of the seizing
22 agency;
23 (4) remove the property to a storage area for
24 safekeeping or, if the property is a negotiable instrument
25 or money and is not needed for evidentiary purposes,
26 deposit it in an interest bearing account;

HB0303 Enrolled- 142 -LRB100 05313 RLC 15324 b
1 (5) place the property under constructive seizure by
2 posting notice of pending forfeiture on it, by giving
3 notice of pending forfeiture to its owners and interest
4 holders, or by filing notice of pending forfeiture in any
5 appropriate public record relating to the property; or
6 (6) provide for another agency or custodian, including
7 an owner, secured party, or lienholder, to take custody of
8 the property upon the terms and conditions set by the
9 Director.
10 (d-5) For felony offenses involving possession of
11controlled substances only, no property shall be subject to
12forfeiture under this Act because of the possession of less
13than 2 single unit doses of a controlled substance. This
14exemption shall not apply in instances when the possessor, or
15another person at the direction of the possessor, engaged in
16the destruction of any amount of a controlled substance. The
17amount of a single unit dose shall be the State's burden to
18prove in their case in chief.
19 (e) If the Department of Financial and Professional
20Regulation suspends or revokes a registration, all controlled
21substances owned or possessed by the registrant at the time of
22suspension or the effective date of the revocation order may be
23placed under seal by the Director. No disposition may be made
24of substances under seal until the time for taking an appeal
25has elapsed or until all appeals have been concluded unless a
26court, upon application therefor, orders the sale of perishable

HB0303 Enrolled- 143 -LRB100 05313 RLC 15324 b
1substances and the deposit of the proceeds of the sale with the
2court. Upon a suspension or revocation order becoming final,
3all substances are subject to seizure and forfeiture under the
4Drug Asset Forfeiture Procedure Act may be forfeited to the
5Illinois State Police.
6 (f) (Blank). When property is forfeited under this Act the
7Director shall sell all such property unless such property is
8required by law to be destroyed or is harmful to the public,
9and shall distribute the proceeds of the sale, together with
10any moneys forfeited or seized, in accordance with subsection
11(g). However, upon the application of the seizing agency or
12prosecutor who was responsible for the investigation, arrest or
13arrests and prosecution which lead to the forfeiture, the
14Director may return any item of forfeited property to the
15seizing agency or prosecutor for official use in the
16enforcement of laws relating to cannabis or controlled
17substances, if the agency or prosecutor can demonstrate that
18the item requested would be useful to the agency or prosecutor
19in their enforcement efforts. When any forfeited conveyance,
20including an aircraft, vehicle, or vessel, is returned to the
21seizing agency or prosecutor, the conveyance may be used
22immediately in the enforcement of the criminal laws of this
23State. Upon disposal, all proceeds from the sale of the
24conveyance must be used for drug enforcement purposes. When any
25real property returned to the seizing agency is sold by the
26agency or its unit of government, the proceeds of the sale

HB0303 Enrolled- 144 -LRB100 05313 RLC 15324 b
1shall be delivered to the Director and distributed in
2accordance with subsection (g).
3 (g) (Blank). All monies and the sale proceeds of all other
4property forfeited and seized under this Act shall be
5distributed as follows:
6 (1)(i) 65% shall be distributed to the metropolitan
7 enforcement group, local, municipal, county, or state law
8 enforcement agency or agencies which conducted or
9 participated in the investigation resulting in the
10 forfeiture. The distribution shall bear a reasonable
11 relationship to the degree of direct participation of the
12 law enforcement agency in the effort resulting in the
13 forfeiture, taking into account the total value of the
14 property forfeited and the total law enforcement effort
15 with respect to the violation of the law upon which the
16 forfeiture is based. Amounts distributed to the agency or
17 agencies shall be used for the enforcement of laws
18 governing cannabis and controlled substances; for public
19 education in the community or schools in the prevention or
20 detection of the abuse of drugs or alcohol; or for security
21 cameras used for the prevention or detection of violence,
22 except that amounts distributed to the Secretary of State
23 shall be deposited into the Secretary of State Evidence
24 Fund to be used as provided in Section 2-115 of the
25 Illinois Vehicle Code.
26 (ii) Any local, municipal, or county law enforcement

HB0303 Enrolled- 145 -LRB100 05313 RLC 15324 b
1 agency entitled to receive a monetary distribution of
2 forfeiture proceeds may share those forfeiture proceeds
3 pursuant to the terms of an intergovernmental agreement
4 with a municipality that has a population in excess of
5 20,000 if:
6 (I) the receiving agency has entered into an
7 intergovernmental agreement with the municipality to
8 provide police services;
9 (II) the intergovernmental agreement for police
10 services provides for consideration in an amount of not
11 less than $1,000,000 per year;
12 (III) the seizure took place within the
13 geographical limits of the municipality; and
14 (IV) the funds are used only for the enforcement of
15 laws governing cannabis and controlled substances; for
16 public education in the community or schools in the
17 prevention or detection of the abuse of drugs or
18 alcohol; or for security cameras used for the
19 prevention or detection of violence or the
20 establishment of a municipal police force, including
21 the training of officers, construction of a police
22 station, the purchase of law enforcement equipment, or
23 vehicles.
24 (2)(i) 12.5% shall be distributed to the Office of the
25 State's Attorney of the county in which the prosecution
26 resulting in the forfeiture was instituted, deposited in a

HB0303 Enrolled- 146 -LRB100 05313 RLC 15324 b
1 special fund in the county treasury and appropriated to the
2 State's Attorney for use in the enforcement of laws
3 governing cannabis and controlled substances; for public
4 education in the community or schools in the prevention or
5 detection of the abuse of drugs or alcohol; or at the
6 discretion of the State's Attorney, in addition to other
7 authorized purposes, to make grants to local substance
8 abuse treatment facilities and half-way houses. In
9 counties over 3,000,000 population, 25% will be
10 distributed to the Office of the State's Attorney for use
11 in the enforcement of laws governing cannabis and
12 controlled substances; for public education in the
13 community or schools in the prevention or detection of the
14 abuse of drugs or alcohol; or at the discretion of the
15 State's Attorney, in addition to other authorized
16 purposes, to make grants to local substance abuse treatment
17 facilities and half-way houses. If the prosecution is
18 undertaken solely by the Attorney General, the portion
19 provided hereunder shall be distributed to the Attorney
20 General for use in the enforcement of laws governing
21 cannabis and controlled substances or for public education
22 in the community or schools in the prevention or detection
23 of the abuse of drugs or alcohol.
24 (ii) 12.5% shall be distributed to the Office of the
25 State's Attorneys Appellate Prosecutor and deposited in
26 the Narcotics Profit Forfeiture Fund of that office to be

HB0303 Enrolled- 147 -LRB100 05313 RLC 15324 b
1 used for additional expenses incurred in the
2 investigation, prosecution and appeal of cases arising
3 under laws governing cannabis and controlled substances or
4 for public education in the community or schools in the
5 prevention or detection of the abuse of drugs or alcohol.
6 The Office of the State's Attorneys Appellate Prosecutor
7 shall not receive distribution from cases brought in
8 counties with over 3,000,000 population.
9 (3) 10% shall be retained by the Department of State
10 Police for expenses related to the administration and sale
11 of seized and forfeited property.
12 (h) (Blank). Species of plants from which controlled
13substances in Schedules I and II may be derived which have been
14planted or cultivated in violation of this Act, or of which the
15owners or cultivators are unknown, or which are wild growths,
16may be seized and summarily forfeited to the State. The
17failure, upon demand by the Director or any peace officer, of
18the person in occupancy or in control of land or premises upon
19which the species of plants are growing or being stored, to
20produce registration, or proof that he or she is the holder
21thereof, constitutes authority for the seizure and forfeiture
22of the plants.
23 (i) Contraband, including controlled substances possessed
24without authorization under State or federal law, is not
25subject to forfeiture. No property right exists in contraband.
26Contraband is subject to seizure and shall be disposed of

HB0303 Enrolled- 148 -LRB100 05313 RLC 15324 b
1according to State law.
2(Source: P.A. 99-686, eff. 7-29-16.)
3 Section 155. The Methamphetamine Control and Community
4Protection Act is amended by changing Section 85 as follows:
5 (720 ILCS 646/85)
6 Sec. 85. Forfeiture.
7 (a) The following are subject to forfeiture:
8 (1) (blank); all substances containing methamphetamine
9 which have been produced, manufactured, delivered, or
10 possessed in violation of this Act;
11 (2) all methamphetamine manufacturing materials which
12 have been produced, delivered, or possessed in connection
13 with any substance containing methamphetamine in violation
14 of this Act;
15 (3) all conveyances, including aircraft, vehicles or
16 vessels, which are used, or intended for use, to transport,
17 or in any manner to facilitate the transportation, sale,
18 receipt, possession, or concealment of any substance
19 containing methamphetamine or property described in
20 paragraph (1) or (2) of this subsection (a) that
21 constitutes a felony violation of the Act, but:
22 (i) no conveyance used by any person as a common
23 carrier in the transaction of business as a common
24 carrier is subject to forfeiture under this Section

HB0303 Enrolled- 149 -LRB100 05313 RLC 15324 b
1 unless it appears that the owner or other person in
2 charge of the conveyance is a consenting party or privy
3 to the a violation of this Act;
4 (ii) no conveyance is subject to forfeiture under
5 this Section by reason of any act or omission which the
6 owner proves to have been committed or omitted without
7 his or her knowledge or consent;
8 (iii) a forfeiture of a conveyance encumbered by a
9 bona fide security interest is subject to the interest
10 of the secured party if he or she neither had knowledge
11 of nor consented to the act or omission;
12 (4) all money, things of value, books, records, and
13 research products and materials including formulas,
14 microfilm, tapes, and data which are used, or intended for
15 use in a felony violation of this Act;
16 (5) everything of value furnished or intended to be
17 furnished by any person in exchange for a substance in
18 violation of this Act, all proceeds traceable to such an
19 exchange, and all moneys, negotiable instruments, and
20 securities used, or intended to be used, to commit or in
21 any manner to facilitate any felony violation of this Act.
22 (6) all real property, including any right, title, and
23 interest (including, but not limited to, any leasehold
24 interest or the beneficial interest in a land trust) in the
25 whole of any lot or tract of land and any appurtenances or
26 improvements, which is used, or intended to be used, in any

HB0303 Enrolled- 150 -LRB100 05313 RLC 15324 b
1 manner or part, to commit, or in any manner to facilitate
2 the commission of, any violation or act that constitutes a
3 violation of this Act or that is the proceeds of any
4 violation or act that constitutes a violation of this Act.
5 (b) Property subject to forfeiture under this Act may be
6seized under the Drug Asset Forfeiture Procedure Act. In the
7event of seizure, forfeiture proceedings shall be instituted
8under the Drug Asset Forfeiture Procedure Act. by the Director
9or any peace officer upon process or seizure warrant issued by
10any court having jurisdiction over the property. Seizure by the
11Director or any peace officer without process may be made:
12 (1) if the property subject to seizure has been the
13 subject of a prior judgment in favor of the State in a
14 criminal proceeding or in an injunction or forfeiture
15 proceeding based upon this Act or the Drug Asset Forfeiture
16 Procedure Act;
17 (2) if there is probable cause to believe that the
18 property is directly or indirectly dangerous to health or
19 safety;
20 (3) if there is probable cause to believe that the
21 property is subject to forfeiture under this Act and the
22 property is seized under circumstances in which a
23 warrantless seizure or arrest would be reasonable; or
24 (4) in accordance with the Code of Criminal Procedure
25 of 1963.
26 (c) Forfeiture under this Act is subject to subject to an

HB0303 Enrolled- 151 -LRB100 05313 RLC 15324 b
18th amendment to the United States Constitution
2disproportionate penalties analysis as provided under Section
39.5 of the Drug Asset Forfeiture Procedure Act. In the event of
4seizure pursuant to subsection (b), notice shall be given
5forthwith to all known interest holders that forfeiture
6proceedings, including a preliminary review, shall be
7instituted in accordance with the Drug Asset Forfeiture
8Procedure Act and such proceedings shall thereafter be
9instituted in accordance with that Act. Upon a showing of good
10cause, the notice required for a preliminary review under this
11Section may be postponed.
12 (d) With regard to possession of methamphetamine offenses
13only, a sum of currency with a value of less than $500 shall
14not be subject to forfeiture under this Act. For all other
15offenses under this Act, currency with a value of under $100
16shall not be subject to forfeiture under this Act. Property
17taken or detained under this Section is not subject to
18replevin, but is deemed to be in the custody of the Director
19subject only to the order and judgments of the circuit court
20having jurisdiction over the forfeiture proceedings and the
21decisions of the State's Attorney under the Drug Asset
22Forfeiture Procedure Act. When property is seized under this
23Act, the seizing agency shall promptly conduct an inventory of
24the seized property, estimate the property's value, and forward
25a copy of the inventory of seized property and the estimate of
26the property's value to the Director. Upon receiving notice of

HB0303 Enrolled- 152 -LRB100 05313 RLC 15324 b
1seizure, the Director may:
2 (1) place the property under seal;
3 (2) remove the property to a place designated by him or
4 her;
5 (3) keep the property in the possession of the seizing
6 agency;
7 (4) remove the property to a storage area for
8 safekeeping or, if the property is a negotiable instrument
9 or money and is not needed for evidentiary purposes,
10 deposit it in an interest bearing account;
11 (5) place the property under constructive seizure by
12 posting notice of pending forfeiture on it, by giving
13 notice of pending forfeiture to its owners and interest
14 holders, or by filing notice of pending forfeiture in any
15 appropriate public record relating to the property; or
16 (6) provide for another agency or custodian, including
17 an owner, secured party, or lienholder, to take custody of
18 the property upon the terms and conditions set by the
19 Director.
20 (e) For felony offenses involving possession of a substance
21containing methamphetamine only, no property shall be subject
22to forfeiture under this Act because of the possession of less
23than 2 single unit doses of a substance. This exemption shall
24not apply in instances when the possessor, or another person at
25the direction of the possessor, is engaged in the destruction
26of any amount of a substance containing methamphetamine. The

HB0303 Enrolled- 153 -LRB100 05313 RLC 15324 b
1amount of a single unit dose shall be the State's burden to
2prove in their case in chief. No disposition may be made of
3property under seal until the time for taking an appeal has
4elapsed or until all appeals have been concluded unless a
5court, upon application therefor, orders the sale of perishable
6substances and the deposit of the proceeds of the sale with the
7court.
8 (f) (Blank). When property is forfeited under this Act, the
9Director shall sell the property unless the property is
10required by law to be destroyed or is harmful to the public,
11and shall distribute the proceeds of the sale, together with
12any moneys forfeited or seized, in accordance with subsection
13(g). However, upon the application of the seizing agency or
14prosecutor who was responsible for the investigation, arrest or
15arrests and prosecution which lead to the forfeiture, the
16Director may return any item of forfeited property to the
17seizing agency or prosecutor for official use in the
18enforcement of laws relating to methamphetamine, cannabis, or
19controlled substances, if the agency or prosecutor
20demonstrates that the item requested would be useful to the
21agency or prosecutor in their enforcement efforts. When any
22forfeited conveyance, including an aircraft, vehicle, or
23vessel, is returned to the seizing agency or prosecutor, the
24conveyance may be used immediately in the enforcement of the
25criminal laws of this State. Upon disposal, all proceeds from
26the sale of the conveyance must be used for drug enforcement

HB0303 Enrolled- 154 -LRB100 05313 RLC 15324 b
1purposes. When any real property returned to the seizing agency
2is sold by the agency or its unit of government, the proceeds
3of the sale shall be delivered to the Director and distributed
4in accordance with subsection (g).
5 (g) (Blank). All moneys and the sale proceeds of all other
6property forfeited and seized under this Act shall be
7distributed as follows:
8 (1)(i) 65% shall be distributed to the metropolitan
9 enforcement group, local, municipal, county, or State law
10 enforcement agency or agencies which conducted or
11 participated in the investigation resulting in the
12 forfeiture. The distribution shall bear a reasonable
13 relationship to the degree of direct participation of the
14 law enforcement agency in the effort resulting in the
15 forfeiture, taking into account the total value of the
16 property forfeited and the total law enforcement effort
17 with respect to the violation of the law upon which the
18 forfeiture is based. Amounts distributed to the agency or
19 agencies shall be used for the enforcement of laws
20 governing methamphetamine, cannabis, and controlled
21 substances; for public education in the community or
22 schools in the prevention or detection of the abuse of
23 drugs or alcohol; or for security cameras used for the
24 prevention or detection of violence, except that amounts
25 distributed to the Secretary of State shall be deposited
26 into the Secretary of State Evidence Fund to be used as

HB0303 Enrolled- 155 -LRB100 05313 RLC 15324 b
1 provided in Section 2-115 of the Illinois Vehicle Code.
2 (ii) Any local, municipal, or county law enforcement
3 agency entitled to receive a monetary distribution of
4 forfeiture proceeds may share those forfeiture proceeds
5 pursuant to the terms of an intergovernmental agreement
6 with a municipality that has a population in excess of
7 20,000 if:
8 (I) the receiving agency has entered into an
9 intergovernmental agreement with the municipality to
10 provide police services;
11 (II) the intergovernmental agreement for police
12 services provides for consideration in an amount of not
13 less than $1,000,000 per year;
14 (III) the seizure took place within the
15 geographical limits of the municipality; and
16 (IV) the funds are used only for the enforcement of
17 laws governing cannabis and controlled substances; for
18 public education in the community or schools in the
19 prevention or detection of the abuse of drugs or
20 alcohol; or for security cameras used for the
21 prevention or detection of violence or the
22 establishment of a municipal police force, including
23 the training of officers, construction of a police
24 station, the purchase of law enforcement equipment, or
25 vehicles.
26 (2)(i) 12.5% shall be distributed to the Office of the

HB0303 Enrolled- 156 -LRB100 05313 RLC 15324 b
1 State's Attorney of the county in which the prosecution
2 resulting in the forfeiture was instituted, deposited in a
3 special fund in the county treasury and appropriated to the
4 State's Attorney for use in the enforcement of laws
5 governing methamphetamine, cannabis, and controlled
6 substances; for public education in the community or
7 schools in the prevention or detection of the abuse of
8 drugs or alcohol; or at the discretion of the State's
9 Attorney, in addition to other authorized purposes, to make
10 grants to local substance abuse treatment facilities and
11 half-way houses. In counties with a population over
12 3,000,000, 25% shall be distributed to the Office of the
13 State's Attorney for use in the enforcement of laws
14 governing methamphetamine, cannabis, and controlled
15 substances; for public education in the community or
16 schools in the prevention or detection of the abuse of
17 drugs or alcohol; or at the discretion of the State's
18 Attorney, in addition to other authorized purposes, to make
19 grants to local substance abuse treatment facilities and
20 half-way houses. If the prosecution is undertaken solely by
21 the Attorney General, the portion provided hereunder shall
22 be distributed to the Attorney General for use in the
23 enforcement of laws governing methamphetamine, cannabis,
24 and controlled substances or for public education in the
25 community or schools in the prevention or detection of the
26 abuse of drugs or alcohol.

HB0303 Enrolled- 157 -LRB100 05313 RLC 15324 b
1 (ii) 12.5% shall be distributed to the Office of the
2 State's Attorneys Appellate Prosecutor and deposited in
3 the Narcotics Profit Forfeiture Fund of that Office to be
4 used for additional expenses incurred in the
5 investigation, prosecution and appeal of cases arising
6 under laws governing methamphetamine, cannabis, and
7 controlled substances or for public education in the
8 community or schools in the prevention or detection of the
9 abuse of drugs or alcohol. The Office of the State's
10 Attorneys Appellate Prosecutor shall not receive
11 distribution from cases brought in counties with a
12 population over 3,000,000.
13 (3) 10% shall be retained by the Department of State
14 Police for expenses related to the administration and sale
15 of seized and forfeited property.
16 (h) Contraband, including methamphetamine or any
17controlled substance possessed without authorization under
18State or federal law, is not subject to forfeiture. No property
19right exists in contraband. Contraband is subject to seizure
20and shall be disposed of according to State law.
21(Source: P.A. 99-686, eff. 7-29-16.)
22 Section 160. The Code of Criminal Procedure of 1963 is
23amended by changing Sections 124B-710 and 124B-715 and by
24adding Section 124B-195 as follows:

HB0303 Enrolled- 158 -LRB100 05313 RLC 15324 b
1 (725 ILCS 5/124B-195 new)
2 Sec. 124B-195. Reporting. Property seized or forfeited
3under this Article is subject to reporting under the Seizure
4and Forfeiture Reporting Act.
5 (725 ILCS 5/124B-710)
6 Sec. 124B-710. Sale of forfeited property by Director of
7State Police; return to seizing agency or prosecutor.
8 (a) The court shall authorize the Director of State Police
9to seize any property declared forfeited under this Article on
10terms and conditions the court deems proper.
11 (b) When property is forfeited under this Part 700, the
12Director of State Police shall sell the property unless the
13property is required by law to be destroyed or is harmful to
14the public. The Director shall distribute the proceeds of the
15sale, together with any moneys forfeited or seized, in
16accordance with Section 124B-715.
17 (c) (Blank). On the application of the seizing agency or
18prosecutor who was responsible for the investigation, arrest,
19and prosecution that lead to the forfeiture, however, the
20Director may return any item of forfeited property to the
21seizing agency or prosecutor for official use in the
22enforcement of laws relating to Article 17B or Section 17-6.3
23of the Criminal Code of 1961 or the Criminal Code of 2012 if
24the agency or prosecutor can demonstrate that the item
25requested would be useful to the agency or prosecutor in their

HB0303 Enrolled- 159 -LRB100 05313 RLC 15324 b
1enforcement efforts. When any real property returned to the
2seizing agency is sold by the agency or its unit of government,
3the proceeds of the sale shall be delivered to the Director and
4distributed in accordance with Section 124B-715.
5(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13;
697-1150, eff. 1-25-13.)
7 (725 ILCS 5/124B-715)
8 Sec. 124B-715. Distribution of all other property and sale
9proceeds. All moneys and the sale proceeds of all property
10forfeited and seized under this Part 700 and not returned to a
11seizing agency or prosecutor under subsection (c) of Section
12124B-705 shall be distributed to the Special Supplemental Food
13Program for Women, Infants and Children (WIC) program
14administered by the Illinois Department of Human Services.
15(Source: P.A. 96-712, eff. 1-1-10.)
16 (725 ILCS 5/124B-1030 rep.)
17 Section 165. The Code of Criminal Procedure of 1963 is
18amended by repealing Section 124B-1030.
19 Section 170. The Drug Asset Forfeiture Procedure Act is
20amended by changing Sections 3.5, 4, 5, 6, 7, 8, 9, 11, and 14
21and by adding Sections 3.1, 3.2, 3.3, 5.1, 9.1, 9.5, 15, 17,
22and 20 as follows:

HB0303 Enrolled- 160 -LRB100 05313 RLC 15324 b
1 (725 ILCS 150/3.1 new)
2 Sec. 3.1. Seizure.
3 (a) Actual physical seizure of real property subject to
4forfeiture under this Act requires the issuance of a seizure
5warrant. Nothing in this Section prohibits the constructive
6seizure of real property through the filing of a complaint for
7forfeiture in circuit court and the recording of a lis pendens
8against the real property without a hearing, warrant
9application, or judicial approval.
10 (b) Personal property subject to forfeiture under the
11Illinois Controlled Substances Act, the Cannabis Control Act,
12the Illinois Food, Drug and Cosmetic Act, or the
13Methamphetamine Control and Community Protection Act may be
14seized by the Director of State Police or any peace officer
15upon process or seizure warrant issued by any court having
16jurisdiction over the property.
17 (c) Personal property subject to forfeiture under the
18Illinois Controlled Substances Act, the Cannabis Control Act,
19the Illinois Food, Drug and Cosmetic Act, or the
20Methamphetamine Control and Community Protection Act may be
21seized by the Director of State Police or any peace officer
22without process:
23 (1) if the seizure is incident to inspection under an
24 administrative inspection warrant;
25 (2) if the property subject to seizure has been the
26 subject of a prior judgment in favor of the State in a

HB0303 Enrolled- 161 -LRB100 05313 RLC 15324 b
1 criminal proceeding or in an injunction or forfeiture
2 proceeding based upon this Act;
3 (3) if there is probable cause to believe that the
4 property is directly or indirectly dangerous to health or
5 safety;
6 (4) if there is probable cause to believe that the
7 property is subject to forfeiture under the Illinois
8 Controlled Substances Act, the Cannabis Control Act, the
9 Illinois Food, Drug and Cosmetic Act, or the
10 Methamphetamine Control and Community Protection Act, and
11 the property is seized under circumstances in which a
12 warrantless seizure or arrest would be reasonable; or
13 (5) under the Code of Criminal Procedure of 1963.
14 (d) If a conveyance is seized under this Act, an
15investigation shall be made by the law enforcement agency as to
16any person whose right, title, interest, or lien is of record
17in the office of the agency or official in which title or
18interest to the conveyance is required by law to be recorded.
19 (e) After seizure under this Section, notice shall be given
20to all known interest holders that forfeiture proceedings,
21including a preliminary review, may be instituted and the
22proceedings may be instituted under this Act. Upon a showing of
23good cause related to an ongoing investigation, the notice
24required for a preliminary review under this Section may be
25postponed.

HB0303 Enrolled- 162 -LRB100 05313 RLC 15324 b
1 (725 ILCS 150/3.2 new)
2 Sec. 3.2. Receipt for seized property. If a law enforcement
3officer seizes property that is subject to forfeiture, the
4officer shall provide an itemized receipt to the person
5possessing the property or, in the absence of a person to whom
6the receipt could be given, shall leave the receipt in the
7place where the property was found, if possible.
8 (725 ILCS 150/3.3 new)
9 Sec. 3.3. Safekeeping of seized property pending
10disposition.
11 (a) Property seized under this Act is deemed to be in the
12custody of the Director of State Police subject only to the
13order and judgments of the circuit court having jurisdiction
14over the forfeiture proceedings and the decisions of the
15State's Attorney under this Act.
16 (b) If property is seized under this Act, the seizing
17agency shall promptly conduct an inventory of the seized
18property and estimate the property's value, and shall forward a
19copy of the inventory of seized property and the estimate of
20the property's value to the Director of State Police. Upon
21receiving notice of seizure, the Director of State Police may:
22 (1) place the property under seal;
23 (2) remove the property to a place designated by the
24 seizing agency;
25 (3) keep the property in the possession of the Director

HB0303 Enrolled- 163 -LRB100 05313 RLC 15324 b
1 of State Police;
2 (4) remove the property to a storage area for
3 safekeeping; or
4 (5) place the property under constructive seizure by
5 posting notice of pending forfeiture on it, by giving
6 notice of pending forfeiture to its owners and interest
7 holders, or by filing notice of pending forfeiture in any
8 appropriate public record relating to the property; or
9 (6) provide for another agency or custodian, including
10 an owner, secured party, or lienholder, to take custody of
11 the property upon the terms and conditions set by the
12 seizing agency.
13 (c) The seizing agency is required to exercise ordinary
14care to protect the seized property from negligent loss,
15damage, or destruction.
16 (725 ILCS 150/3.5)
17 Sec. 3.5. Preliminary Review.
18 (a) Within 14 days of the seizure, the State shall seek a
19preliminary determination from the circuit court as to whether
20there is probable cause that the property may be subject to
21forfeiture.
22 (b) The rules of evidence shall not apply to any proceeding
23conducted under this Section.
24 (c) The court may conduct the review under subsection (a)
25simultaneously with a proceeding pursuant to Section 109-1 of

HB0303 Enrolled- 164 -LRB100 05313 RLC 15324 b
1the Code of Criminal Procedure of 1963 for a related criminal
2offense if a prosecution is commenced by information or
3complaint.
4 (d) The court may accept a finding of probable cause at a
5preliminary hearing following the filing of an information or
6complaint charging a related criminal offense or following the
7return of indictment by a grand jury charging the related
8offense as sufficient evidence of probable cause as required
9under subsection (a).
10 (e) Upon making a finding of probable cause as required
11under this Section, the circuit court shall order the property
12subject to the provisions of the applicable forfeiture Act held
13until the conclusion of any forfeiture proceeding.
14 For seizures of conveyances, within 28 days after within 7
15days of a finding of probable cause under subsection (a), the
16registered owner or other claimant may file a motion in writing
17supported by sworn affidavits claiming that denial of the use
18of the conveyance during the pendency of the forfeiture
19proceedings creates a substantial hardship and alleges facts
20showing that the delay was not due to his or her culpable
21negligence. The court shall consider the following factors in
22determining whether a substantial hardship has been proven:
23 (1) the nature of the claimed hardship;
24 (2) the availability of public transportation or other
25 available means of transportation; and
26 (3) any available alternatives to alleviate the

HB0303 Enrolled- 165 -LRB100 05313 RLC 15324 b
1 hardship other than the return of the seized conveyance.
2 If the court determines that a substantial hardship has
3been proven, the court shall then balance the nature of the
4hardship against the State's interest in safeguarding the
5conveyance. If the court determines that the hardship outweighs
6the State's interest in safeguarding the conveyance, the court
7may temporarily release the conveyance to the registered owner
8or the registered owner's authorized designee, or both, until
9the conclusion of the forfeiture proceedings or for such
10shorter period as ordered by the court provided that the person
11to whom the conveyance is released provides proof of insurance
12and a valid driver's license and all State and local
13registrations for operation of the conveyance are current. The
14court shall place conditions on the conveyance limiting its use
15to the stated hardship and providing transportation for
16employment, religious purposes, medical needs, child care, and
17obtaining food, and restricting the conveyance's use to only
18those individuals authorized to use the conveyance by the
19registered owner. The use of the vehicle shall be further
20restricted to exclude all recreational and entertainment
21purposes. The court may order any additional restrictions it
22deems reasonable and just on its own motion or on motion of the
23People. The court shall revoke the order releasing the
24conveyance and order that the conveyance be reseized by law
25enforcement if the conditions of release are violated or if the
26conveyance is used in the commission of any offense identified

HB0303 Enrolled- 166 -LRB100 05313 RLC 15324 b
1in subsection (a) of Section 6-205 of the Illinois Vehicle
2Code.
3 If the court orders the release of the conveyance during
4the pendency of the forfeiture proceedings, the court may order
5the registered owner or his or her authorized designee to shall
6post a cash security with the Clerk of the Court as ordered by
7the court. If cash security is ordered, the The court shall
8consider the following factors in determining the amount of the
9cash security:
10 (A) the full market value of the conveyance;
11 (B) the nature of the hardship;
12 (C) the extent and length of the usage of the
13 conveyance; and
14 (D) the ability of the owner or designee to pay; and
15 such other conditions as the court deems necessary to
16 safeguard the conveyance.
17 (E) other conditions as the court deems necessary to
18 safeguard the conveyance.
19 If the conveyance is released, the court shall order that
20the registered owner or his or her designee safeguard the
21conveyance, not remove the conveyance from the jurisdiction,
22not conceal, destroy, or otherwise dispose of the conveyance,
23not encumber the conveyance, and not diminish the value of the
24conveyance in any way. The court shall also make a
25determination of the full market value of the conveyance prior
26to it being released based on a source or sources defined in 50

HB0303 Enrolled- 167 -LRB100 05313 RLC 15324 b
1Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
2 If the conveyance subject to forfeiture is released under
3this Section and is subsequently forfeited, the person to whom
4the conveyance was released shall return the conveyance to the
5law enforcement agency that seized the conveyance within 7 days
6from the date of the declaration of forfeiture or order of
7forfeiture. If the conveyance is not returned within 7 days,
8the cash security shall be forfeited in the same manner as the
9conveyance subject to forfeiture. If the cash security was less
10than the full market value, a judgment shall be entered against
11the parties to whom the conveyance was released and the
12registered owner, jointly and severally, for the difference
13between the full market value and the amount of the cash
14security. If the conveyance is returned in a condition other
15than the condition in which it was released, the cash security
16shall be returned to the surety who posted the security minus
17the amount of the diminished value, and that amount shall be
18forfeited in the same manner as the conveyance subject to
19forfeiture. Additionally, the court may enter an order allowing
20any law enforcement agency in the State of Illinois to seize
21the conveyance wherever it may be found in the State to satisfy
22the judgment if the cash security was less than the full market
23value of the conveyance.
24(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
25 (725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)

HB0303 Enrolled- 168 -LRB100 05313 RLC 15324 b
1 Sec. 4. Notice to Owner or Interest Holder. The first
2attempted service shall be commenced within 28 days of the
3filing of the verified claim or the receipt of the notice from
4seizing agency by the form 4-64, whichever occurs sooner. A
5complaint for forfeiture or a notice of pending forfeiture
6shall be served upon the property owner or interest holder in
7the following manner:
8 (1) If the owner's or interest holder's name and
9 current address are known, then by either:
10 (A) personal service; or
11 (B) mailing a copy of the notice by certified mail,
12 return receipt requested and first class mail, to that
13 address.
14 (i) If notice is sent by certified mail and no
15 signed return receipt is received by the State's
16 Attorney within 28 days of mailing, and no
17 communication from the owner or interest holder is
18 received by the State's Attorney documenting
19 actual notice by said parties, then the State's
20 Attorney shall, within a reasonable period of
21 time, mail a second copy of the notice by certified
22 mail, return receipt requested and first class
23 mail, to that address.
24 (ii) If no signed return receipt is received by
25 the State's Attorney within 28 days of the second
26 attempt at service by certified mail, and no

HB0303 Enrolled- 169 -LRB100 05313 RLC 15324 b
1 communication from the owner or interest holder is
2 received by the State's Attorney documenting
3 actual notice by said parties, then the State's
4 Attorney shall have 60 days to attempt to serve the
5 notice by personal service, which also includes
6 substitute service by leaving a copy at the usual
7 place of abode, with some person of the family or a
8 person residing there, of the age of 13 years or
9 upwards. If after 3 attempts at service in this
10 manner, no service of the notice is accomplished,
11 then the notice shall be posted in a conspicuous
12 manner at this address and service shall be made by
13 posting.
14 The attempts at service and the posting if
15 required, shall be documented by the person
16 attempting service and said documentation shall be
17 made part of a return of service returned to the
18 State's Attorney.
19 The State's Attorney may utilize any Sheriff
20 or Deputy Sheriff any peace officer, a private
21 process server or investigator, or any employee,
22 agent, or investigator of the State's Attorney's
23 Office to attempt service without seeking leave of
24 court.
25 After the procedures set forth are followed,
26 service shall be effective on an owner or interest

HB0303 Enrolled- 170 -LRB100 05313 RLC 15324 b
1 holder on the date of receipt by the State's
2 Attorney of a returned return receipt requested,
3 or on the date of receipt of a communication from
4 an owner or interest holder documenting actual
5 notice, whichever is first in time, or on the date
6 of the last act performed by the State's Attorney
7 in attempting personal service under subparagraph
8 (ii) above. If notice is to be shown by actual
9 notice from communication with a claimant, then
10 the State's Attorney shall file an affidavit
11 providing details of the communication, which may
12 be accepted as sufficient proof of service by the
13 court.
14 After a claimant files a verified claim with
15 the State's Attorney and provide an address at
16 which they will accept service, the complaint
17 shall be served and notice shall be perfected upon
18 mailing of the complaint to the claimant at the
19 address the claimant provided via certified mail,
20 return receipt requested and first class mail. No
21 return receipt card need be received, or any other
22 attempts at service need be made to comply with
23 service and notice requirements under this Act.
24 This certified mailing, return receipt requested
25 shall be proof of service of the complaint on the
26 claimant.

HB0303 Enrolled- 171 -LRB100 05313 RLC 15324 b
1 For purposes of notice under this Section, if a
2 person has been arrested for the conduct giving
3 rise to the forfeiture, then the address provided
4 to the arresting agency at the time of arrest shall
5 be deemed to be that person's known address.
6 Provided, however, if an owner or interest
7 holder's address changes prior to the effective
8 date of the notice of pending forfeiture, the owner
9 or interest holder shall promptly notify the
10 seizing agency of the change in address or, if the
11 owner or interest holder's address changes
12 subsequent to the effective date of the notice of
13 pending forfeiture, the owner or interest holder
14 shall promptly notify the State's Attorney of the
15 change in address; or if the property seized is a
16 conveyance, to the address reflected in the office
17 of the agency or official in which title or
18 interest to the conveyance is required by law to be
19 recorded.
20 (2) If the owner's or interest holder's address is not
21 known, and is not on record, then notice shall be served by
22 publication for 3 successive weeks in a newspaper of
23 general circulation in the county in which the seizure
24 occurred.
25 (3) After a claimant files a verified claim with the
26 State's Attorney and provides an address at which they will

HB0303 Enrolled- 172 -LRB100 05313 RLC 15324 b
1 accept service, the complaint shall be served and notice
2 shall be perfected upon mailing of the complaint to the
3 claimant at the address the claimant provided via certified
4 mail, return receipt requested and first class mail. No
5 return receipt card need be received or any other attempts
6 at service need be made to comply with service and notice
7 requirements under this Act. This certified mailing,
8 return receipt requested shall be proof of service of the
9 complaint on the claimant.
10 (4) Notice to any business entity, corporation, LLC,
11 LLP, or partnership shall be complete by a single mailing
12 of a copy of the notice by certified mail, return receipt
13 requested and first class mail, to that address. This
14 notice is complete regardless of the return of a signed
15 "return receipt requested".
16 (5) Notice to a person whose address is not within the
17 State shall be complete by a single mailing of a copy of
18 the notice by certified mail, return receipt requested and
19 first class mail, to that address. This notice is complete
20 regardless of the return of a signed "return receipt
21 requested".
22 (6) Notice to a person whose address is not within the
23 United States shall be complete by a single mailing of a
24 copy of the notice by certified mail, return receipt
25 requested and first class mail, to that address. This
26 notice shall be complete regardless of the return of a

HB0303 Enrolled- 173 -LRB100 05313 RLC 15324 b
1 signed "return receipt requested". If certified mail is not
2 available in the foreign country where the person has an
3 address, then notice shall proceed by publication under
4 paragraph (2) of this Section.
5 (7) Notice to any person whom the State's Attorney
6 reasonably should know is incarcerated within the State
7 shall also include the mailing a copy of the notice by
8 certified mail, return receipt requested and first class
9 mail, to the address of the detention facility with the
10 inmate's name clearly marked on the envelope.
11 (A) (Blank). Whenever notice of pending forfeiture or
12service of an in rem complaint is required under the provisions
13of this Act, such notice or service shall be given as follows:
14 (1) If the owner's or interest holder's name and
15 current address are known, then by either personal service
16 or mailing a copy of the notice by certified mail, return
17 receipt requested, to that address. For purposes of notice
18 under this Section, if a person has been arrested for the
19 conduct giving rise to the forfeiture, then the address
20 provided to the arresting agency at the time of arrest
21 shall be deemed to be that person's known address.
22 Provided, however, if an owner or interest holder's address
23 changes prior to the effective date of the notice of
24 pending forfeiture, the owner or interest holder shall
25 promptly notify the seizing agency of the change in address
26 or, if the owner or interest holder's address changes

HB0303 Enrolled- 174 -LRB100 05313 RLC 15324 b
1 subsequent to the effective date of the notice of pending
2 forfeiture, the owner or interest holder shall promptly
3 notify the State's Attorney of the change in address; or
4 (2) If the property seized is a conveyance, to the
5 address reflected in the office of the agency or official
6 in which title or interest to the conveyance is required by
7 law to be recorded, then by mailing a copy of the notice by
8 certified mail, return receipt requested, to that address;
9 or
10 (3) If the owner's or interest holder's address is not
11 known, and is not on record as provided in paragraph (2),
12 then by publication for 3 successive weeks in a newspaper
13 of general circulation in the county in which the seizure
14 occurred.
15 (B) (Blank). Notice served under this Act is effective upon
16personal service, the last date of publication, or the mailing
17of written notice, whichever is earlier.
18(Source: P.A. 86-1382; 87-614.)
19 (725 ILCS 150/5) (from Ch. 56 1/2, par. 1675)
20 Sec. 5. Notice to State's Attorney. The law enforcement
21agency seizing property for forfeiture under the Illinois
22Controlled Substances Act, the Cannabis Control Act, or the
23Methamphetamine Control and Community Protection Act, or the
24Illinois Food, Drug, and Cosmetic Act shall, as soon as
25practicable but not later than 28 days after the shall, within

HB0303 Enrolled- 175 -LRB100 05313 RLC 15324 b
152 days of seizure, notify the State's Attorney for the county
2in which an act or omission giving rise to the seizure
3forfeiture occurred or in which the property was seized of the
4seizure of the property and the facts and circumstances giving
5rise to the seizure and shall provide the State's Attorney with
6the inventory of the property and its estimated value. Said
7notice shall be by the delivery of the form 4-64. When the
8property seized for forfeiture is a vehicle, the law
9enforcement agency seizing the property shall immediately
10notify the Secretary of State that forfeiture proceedings are
11pending regarding such vehicle.
12(Source: P.A. 94-556, eff. 9-11-05.)
13 (725 ILCS 150/5.1 new)
14 Sec. 5.1. Replevin prohibited; return of personal property
15inside seized conveyance.
16 (a) Property seized under this Act shall not be subject to
17replevin, but is deemed to be in the custody of the Director of
18State Police subject only to the order and judgments of the
19circuit court having jurisdiction over the forfeiture
20proceedings and the decisions of the State's Attorney.
21 (b) A claimant or a party interested in personal property
22contained within a seized conveyance may file a request with
23the State's Attorney in an administrative forfeiture action, or
24a motion with the court in a judicial forfeiture action, for
25the return of any personal property contained within a

HB0303 Enrolled- 176 -LRB100 05313 RLC 15324 b
1conveyance seized under this Act. The return of personal
2property shall not be unreasonably withheld if the personal
3property is not mechanically or electrically coupled to the
4conveyance, needed for evidentiary purposes, or otherwise
5contraband. A law enforcement agency that returns property
6under a court order under this Section shall not be liable to
7any person who claims ownership to the property if the property
8is returned to an improper party.
9 (725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
10 Sec. 6. Non-Judicial Forfeiture. If non-real property that
11exceeds $150,000 in value excluding the value of any
12conveyance, or if real property is seized under the provisions
13of the Illinois Controlled Substances Act, the Cannabis Control
14Act, or the Methamphetamine Control and Community Protection
15Act, the State's Attorney shall institute judicial in rem
16forfeiture proceedings as described in Section 9 of this Act
17within 45 days from receipt of notice of seizure from the
18seizing agency under Section 5 of this Act. However, if
19non-real property that does not exceed $150,000 in value
20excluding the value of any conveyance is seized, the following
21procedure shall be used:
22 (A) If, after review of the facts surrounding the seizure,
23the State's Attorney is of the opinion that the seized property
24is subject to forfeiture, then within 45 days of the receipt of
25notice of seizure from the seizing agency, the State's Attorney

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1shall cause notice of pending forfeiture to be given to the
2owner of the property and all known interest holders of the
3property in accordance with Section 4 of this Act.
4 (B) The notice of pending forfeiture must include a
5description of the property, the estimated value of the
6property, the date and place of seizure, the conduct giving
7rise to forfeiture or the violation of law alleged, and a
8summary of procedures and procedural rights applicable to the
9forfeiture action.
10 (C) (1) Any person claiming an interest in property which
11 is the subject of notice under subsection (A) of Section 6
12 of this Act, may, within 45 days after the effective date
13 of notice as described in Section 4 of this Act, file a
14 verified claim with the State's Attorney expressing his or
15 her interest in the property. The claim must set forth:
16 (i) the caption of the proceedings as set forth on
17 the notice of pending forfeiture and the name of the
18 claimant;
19 (ii) the address at which the claimant will accept
20 mail;
21 (iii) the nature and extent of the claimant's
22 interest in the property;
23 (iv) the date, identity of the transferor, and
24 circumstances of the claimant's acquisition of the
25 interest in the property;
26 (v) the name and address of all other persons known

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1 to have an interest in the property;
2 (vi) the specific provision of law relied on in
3 asserting the property is not subject to forfeiture;
4 (vii) all essential facts supporting each
5 assertion; and
6 (viii) the relief sought.
7 (2) If a claimant files the claim and deposits with the
8 State's Attorney a cost bond, in the form of a cashier's
9 check payable to the clerk of the court, in the sum of 10
10 percent of the reasonable value of the property as alleged
11 by the State's Attorney or the sum of $100, whichever is
12 greater, upon condition that, in the case of forfeiture,
13 the claimant must pay all costs and expenses of forfeiture
14 proceedings, then the State's Attorney shall institute
15 judicial in rem forfeiture proceedings and deposit the cost
16 bond with the clerk of the court as described in Section 9
17 of this Act within 30 45 days after receipt of the claim
18 and cost bond. In lieu of a cost bond, a person claiming
19 interest in the seized property may file, under penalty of
20 perjury, an indigency affidavit.
21 (3) If none of the seized property is forfeited in the
22 judicial in rem proceeding, the clerk of the court shall
23 return to the claimant, unless the court orders otherwise,
24 90% of the sum which has been deposited and shall retain as
25 costs 10% of the money deposited. If any of the seized
26 property is forfeited under the judicial forfeiture

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1 proceeding, the clerk of the court shall transfer 90% of
2 the sum which has been deposited to the State's Attorney
3 prosecuting the civil forfeiture to be applied to the costs
4 of prosecution and the clerk shall retain as costs 10% of
5 the sum deposited.
6 (D) If no claim is filed or bond given within the 45 day
7period as described in subsection (C) of Section 6 of this Act,
8the State's Attorney shall declare the property forfeited and
9shall promptly notify the owner and all known interest holders
10of the property and the Director of the Illinois Department of
11State Police of the declaration of forfeiture and the Director
12shall dispose of the property in accordance with law.
13(Source: P.A. 97-544, eff. 1-1-12.)
14 (725 ILCS 150/7) (from Ch. 56 1/2, par. 1677)
15 Sec. 7. Presumptions and inferences.
16 (1) The following situation situations shall give rise to a
17presumption that the property described therein was furnished
18or intended to be furnished in exchange for a substance in
19violation of the Illinois Controlled Substances Act, the
20Cannabis Control Act, or the Methamphetamine Control and
21Community Protection Act, or is the proceeds of such an
22exchange, and therefore forfeitable under this Act, such
23presumptions being rebuttable by a preponderance of the
24evidence:
25 (1) All moneys, coin, or currency found in close proximity

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1to forfeitable substances, to forfeitable drug manufacturing
2or distributing paraphernalia, or to forfeitable records of the
3importation, manufacture or distribution of substances. ;
4 (2) In the following situation, the trier of fact may infer
5that the property described therein was furnished or intended
6to be furnished in exchange for a substance in violation of the
7Illinois Controlled Substances Act, the Cannabis Control Act,
8or the Methamphetamine Control and Community Protection Act, or
9is the proceeds of such an exchange, and therefore forfeitable
10under this Act:
11 (2) All property acquired or caused to be acquired by a
12person either between the dates of occurrence of two or more
13acts in felony violation of the Illinois Controlled Substances
14Act, the Cannabis Control Act, or the Methamphetamine Control
15and Community Protection Act, or an act committed in another
16state, territory or country which would be punishable as a
17felony under the Illinois Controlled Substances Act, the
18Cannabis Control Act, or the Methamphetamine Control and
19Community Protection Act, committed by that person within 5
20years of each other, or all property acquired by such person
21within a reasonable amount of time after the commission of such
22acts if:
23 (a) At least one of the above acts was committed after
24 the effective date of this Act; and
25 (b) Both At least one of the acts are or were is or was
26 punishable as a Class X, Class 1, or Class 2 felony; and

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1 (c) There was no likely source for such property other
2 than a violation of the above Acts.
3 (3) Presumptions and permissive inferences set forth in
4this Section shall apply to all portions of all phases of the
5judicial in rem forfeiture proceedings under this Act.
6(Source: P.A. 94-556, eff. 9-11-05.)
7 (725 ILCS 150/8) (from Ch. 56 1/2, par. 1678)
8 Sec. 8. Exemptions from forfeiture.
9 (a) No vessel or watercraft, vehicle, or aircraft used by
10any person as a common carrier in the transaction of business
11as a common carrier may be forfeited under this Act unless the
12State proves by a preponderance of the evidence that:
13 (1) in the case of a railway car or engine, the owner,
14 or
15 (2) in the case of any other such vessel or watercraft,
16 vehicle or aircraft, the owner or the master of such vessel
17 or watercraft or the owner or conductor, driver, pilot, or
18 other person in charge of that vehicle or aircraft was at
19 the time of the alleged illegal act a consenting party or
20 privy to that knowledge.
21 (b) No vessel or watercraft, vehicle, or aircraft shall be
22forfeited under this Act by reason of any act or omission
23committed or omitted by any person other than such owner while
24a vessel or watercraft, vehicle, or aircraft was unlawfully in
25the possession of a person who acquired possession in violation

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1of the criminal laws of the United States, or of any state. A
2property interest is exempt from forfeiture under this Section
3if its owner or interest holder establishes by a preponderance
4of evidence that the owner or interest holder:
5 (A) (blank); and (i) in the case of personal property, is
6not legally accountable for the conduct giving rise to the
7forfeiture, did not acquiesce in it, and did not know and could
8not reasonably have known of the conduct or that the conduct
9was likely to occur, or
10 (ii) in the case of real property, is not legally
11accountable for the conduct giving rise to the forfeiture, or
12did not solicit, conspire, or attempt to commit the conduct
13giving rise to the forfeiture; and
14 (B) (blank); and had not acquired and did not stand to
15acquire substantial proceeds from the conduct giving rise to
16its forfeiture other than as an interest holder in an arms
17length commercial transaction; and
18 (C) (blank); and with respect to conveyances, did not hold
19the property jointly or in common with a person whose conduct
20gave rise to the forfeiture; and
21 (D) (blank); and does not hold the property for the benefit
22of or as nominee for any person whose conduct gave rise to its
23forfeiture, and, if the owner or interest holder acquired the
24interest through any such person, the owner or interest holder
25acquired it as a bona fide purchaser for value without
26knowingly taking part in the conduct giving rise to the

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1forfeiture; and
2 (E) (blank); and that the owner or interest holder acquired
3the interest:
4 (i) before the commencement of the conduct giving rise to
5its forfeiture and the person whose conduct gave rise to its
6forfeiture did not have the authority to convey the interest to
7a bona fide purchaser for value at the time of the conduct; or
8 (ii) after the commencement of the conduct giving rise to
9its forfeiture, and the owner or interest holder acquired the
10interest as a mortgagee, secured creditor, lienholder, or bona
11fide purchaser for value without knowledge of the conduct which
12gave rise to the forfeiture; and
13 (a) in the case of personal property, without knowledge of
14the seizure of the property for forfeiture; or
15 (b) in the case of real estate, before the filing in the
16office of the Recorder of Deeds of the county in which the real
17estate is located of a notice of seizure for forfeiture or a
18lis pendens notice.
19(Source: P.A. 86-1382.)
20 (725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
21 Sec. 9. Judicial in rem procedures. If property seized
22under the provisions of the Illinois Controlled Substances Act,
23the Cannabis Control Act, or the Methamphetamine Control and
24Community Protection Act is non-real property that exceeds
25$150,000 $20,000 in value excluding the value of any

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1conveyance, or is real property, or a claimant has filed a
2claim and a cost bond under subsection (C) of Section 6 of this
3Act, the following judicial in rem procedures shall apply:
4 (A) If, after a review of the facts surrounding the
5seizure, the State's Attorney is of the opinion that the seized
6property is subject to forfeiture, then within 45 days of the
7receipt of notice of seizure by the seizing agency or the
8filing of the claim and cost bond, whichever is later, the
9State's Attorney shall institute judicial forfeiture
10proceedings by filing a verified complaint for forfeiture in
11the circuit court within whose jurisdiction the seizure
12occurred, or within whose jurisdiction an act or omission
13giving rise to the seizure occurred, subject to Supreme Court
14Rule 187 and, if the claimant has filed a claim and cost bond,
15by depositing the cost bond with the clerk of the court. The
16complaint of forfeiture shall be filed as soon as practicable,
17but not later than 28 days after the filing of a verified claim
18by a claimant if the property was acted upon under a
19non-judicial forfeiture action, or 28 days after the State's
20Attorney receives notice from the seizing agency as provided
21under Section 5 of this Act, whichever occurs later. When
22authorized by law, a forfeiture must be ordered by a court on
23an action in rem brought by a State's Attorney under a verified
24complaint for forfeiture.
25 (A-5) If the State's Attorney finds that the alleged
26violation of law giving rise to the seizure was incurred

HB0303 Enrolled- 185 -LRB100 05313 RLC 15324 b
1without willful negligence or without any intention on the part
2of the owner of the property to violate the law or finds the
3existence of those mitigating circumstances to justify
4remission of the forfeiture, may cause the law enforcement
5agency having custody of the property to return the property to
6the owner within a reasonable time not to exceed 7 days. The
7State's Attorney shall exercise his or her discretion prior to
8or promptly after the preliminary review under Section 3.5 of
9this Act. Judicial in rem forfeiture proceedings under this Act
10shall be subject to the Code of Civil Procedure and the rules
11of evidence relating to civil actions.
12 (A-10) A complaint of forfeiture shall include:
13 (1) a description of the property seized;
14 (2) the date and place of seizure of the property;
15 (3) the name and address of the law enforcement agency
16 making the seizure; and
17 (4) the specific statutory and factual grounds for the
18 seizure.
19 The complaint shall be served upon the person from whom the
20property was seized and all persons known or reasonably
21believed by the State to claim an interest in the property, as
22provided in Section 4 of this Act. The complaint shall be
23accompanied by the following written notice:
24 "This is a civil court proceeding subject to the Code of
25 Civil Procedure. You received this Complaint of Forfeiture
26 because the State's Attorney's office has brought a legal

HB0303 Enrolled- 186 -LRB100 05313 RLC 15324 b
1 action seeking forfeiture of your seized property. This
2 complaint starts the court process where the state seeks to
3 prove that your property should be forfeited and not
4 returned to you. This process is also your opportunity to
5 try to prove to a judge that you should get your property
6 back. The complaint lists the date, time, and location of
7 your first court date. You must appear in court on that
8 day, or you may lose the case automatically. You must also
9 file an appearance and answer. If you are unable to pay the
10 appearance fee, you may qualify to have the fee waived. If
11 there is a criminal case related to the seizure of your
12 property, your case may be set for trial after the criminal
13 case has been resolved. Before trial, the judge may allow
14 discovery, where the State can ask you to respond in
15 writing to questions and give them certain documents, and
16 you can make similar requests of the State. The trial is
17 your opportunity to explain what happened when your
18 property was seized and why you should get the property
19 back."
20 (B) During the probable cause portion of the judicial in
21rem proceeding wherein the State presents its case-in-chief,
22the court must receive and consider, among other things, all
23relevant hearsay evidence and information. The laws of evidence
24relating to civil actions shall apply to all other proceedings
25under this Act except that the parties shall be allowed to use,
26and the court must receive and consider, all relevant hearsay

HB0303 Enrolled- 187 -LRB100 05313 RLC 15324 b
1evidence which relates to evidentiary foundation, chain of
2custody, business records, recordings, laboratory analysis,
3laboratory reports, and the use of technology in the
4investigation that resulted in the seizure of the property
5which is subject to this forfeiture action portions of the
6judicial in rem proceeding.
7 (C) Only an owner of or interest holder in the property may
8file an answer asserting a claim against the property in the
9action in rem. For purposes of this Section, the owner or
10interest holder shall be referred to as claimant. A person not
11named in the forfeiture complaint who claims to have an
12interest in the property may petition to intervene as a
13claimant under Section 2-408 of the Code of Civil Procedure.
14 (D) The answer must be signed by the owner or interest
15holder under penalty of perjury and must set forth:
16 (i) the caption of the proceedings as set forth on the
17 notice of pending forfeiture and the name of the claimant;
18 (ii) the address at which the claimant will accept
19 mail;
20 (iii) the nature and extent of the claimant's interest
21 in the property;
22 (iv) the date, identity of transferor, and
23 circumstances of the claimant's acquisition of the
24 interest in the property;
25 (v) the name and address of all other persons known to
26 have an interest in the property;

HB0303 Enrolled- 188 -LRB100 05313 RLC 15324 b
1 (vi) the specific provisions of Section 8 of this Act
2 relied on in asserting it is exempt from not subject to
3 forfeiture, if applicable;
4 (vii) all essential facts supporting each assertion;
5 and
6 (viii) the precise relief sought; and .
7 (ix) in a forfeiture action involving currency or its
8 equivalent, a claimant shall provide the State with notice
9 of their intent to allege that the currency or its
10 equivalent is not related to the alleged factual basis for
11 the forfeiture, and why.
12 (E) The answer must be filed with the court within 45 days
13after service of the civil in rem complaint.
14 (F) The trial shall hearing must be held within 60 days
15after filing of the answer unless continued for good cause.
16 (G) The State, in its case in chief shall show the
17existence of probable cause for forfeiture of the property. If
18the State shows probable cause, the claimant has the burden of
19showing by a preponderance of the evidence the property is
20subject to forfeiture; and at least one of the following: that
21the claimant's interest in the property is not subject to
22forfeiture.
23 (i) In the case of personal property, including
24 conveyances:
25 (a) that the claimant was legally accountable for
26 the conduct giving rise to the forfeiture;

HB0303 Enrolled- 189 -LRB100 05313 RLC 15324 b
1 (b) that the claimant knew or reasonably should
2 have known of the conduct giving rise to the
3 forfeiture;
4 (c) that the claimant knew or reasonably should
5 have known that the conduct giving rise to the
6 forfeiture was likely to occur;
7 (d) that the claimant held the property for the
8 benefit of, or as nominee for, any person whose conduct
9 gave rise to its forfeiture;
10 (e) that if the claimant acquired their interest
11 through any person engaging in any of the conduct
12 described above or conduct giving rise to the
13 forfeiture:
14 (1) the claimant did not acquire it as a bona
15 fide purchaser for value, or
16 (2) the claimant acquired the interest under
17 such circumstances that they reasonably should
18 have known the property was derived from, or used
19 in, the conduct giving rise to the forfeiture; or
20 (f) that the claimant is not the true owner of the
21 property;
22 (g) that the claimant acquired the interest:
23 (1) before the commencement of the conduct
24 giving rise to the forfeiture and the person whose
25 conduct gave rise to the forfeiture did not have
26 authority to convey the interest to a bona fide

HB0303 Enrolled- 190 -LRB100 05313 RLC 15324 b
1 purchaser for value at the time of the conduct; or
2 (2) after the commencement of the conduct
3 giving rise to the forfeiture and the owner or
4 interest holder acquired the interest as a
5 mortgagee, secured creditor, lienholder, or bona
6 fide purchaser for value without knowledge of the
7 conduct which gave rise to the forfeiture, and
8 without the knowledge of the seizure of the
9 property for forfeiture.
10 (ii) In the case of real property:
11 (a) that the claimant was legally accountable for
12 the conduct giving rise to the forfeiture;
13 (b) that the claimant solicited, conspired, or
14 attempted to commit the conduct giving rise to the
15 forfeiture; or
16 (c) that the claimant had acquired or stood to
17 acquire substantial proceeds from the conduct giving
18 rise to its forfeiture other than as an interest holder
19 in an arm's length transaction;
20 (d) that the claimant is not the true owner of the
21 property;
22 (e) that the claimant acquired the interest:
23 (1) before the commencement of the conduct
24 giving rise to the forfeiture and the person whose
25 conduct gave rise to the forfeiture did not have
26 authority to convey the interest to a bona fide

HB0303 Enrolled- 191 -LRB100 05313 RLC 15324 b
1 purchaser for value at the time of the conduct; or
2 (2) after the commencement of the conduct
3 giving rise to the forfeiture and the owner or
4 interest holder acquired the interest as a
5 mortgagee, secured creditor, lienholder, or bona
6 fide purchaser for value without knowledge of the
7 conduct which gave rise to the forfeiture, and
8 before the filing in the office of the recorder of
9 deeds of the county in which the real estate is
10 located a notice of seizure for forfeiture or a lis
11 pendens notice.
12 (G-5) If the property that is the subject of the forfeiture
13proceeding is currency or its equivalent, the State, in its
14case in chief, shall show by a preponderance of the evidence
15that the property is subject to forfeiture. If the State makes
16that showing, the claimant shall have the burden of production
17to set forth evidence that the currency or its equivalent is
18not related to the alleged factual basis of the forfeiture.
19After the production of evidence, the State shall maintain the
20burden of proof to overcome this assertion.
21 (G-10) Notwithstanding any other provision of this
22Section, the State's burden of proof at the trial of the
23forfeiture action shall be by clear and convincing evidence if:
24 (1) a finding of not guilty is entered as to all counts
25 and all defendants in a criminal proceeding relating to the
26 conduct giving rise to the forfeiture action; or

HB0303 Enrolled- 192 -LRB100 05313 RLC 15324 b
1 (2) the State receives an adverse finding at a
2 preliminary hearing and fails to secure an indictment in a
3 criminal proceeding related to the factual allegations of
4 the forfeiture action.
5 (H) If the State does not meet its burden of proof show
6existence of probable cause or a claimant has established by a
7preponderance of evidence that the claimant has an interest
8that is exempt under Section 8 of this Act, the court shall
9order the interest in the property returned or conveyed to the
10claimant and shall order all other property as to which the
11State does meet its burden of proof forfeited to the State. If
12the State does meet its burden of proof show existence of
13probable cause and the claimant does not establish by a
14preponderance of evidence that the claimant has an interest
15that is exempt under Section 8 of this Act, the court shall
16order all property forfeited to the State.
17 (I) A defendant convicted in any criminal proceeding is
18precluded from later denying the essential allegations of the
19criminal offense of which the defendant was convicted in any
20proceeding under this Act regardless of the pendency of an
21appeal from that conviction. However, evidence of the pendency
22of an appeal is admissible.
23 (J) An acquittal or dismissal in a criminal proceeding
24shall not preclude civil proceedings under this Act; however,
25for good cause shown, on a motion by the State's Attorney, the
26court may stay civil forfeiture proceedings during the criminal

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1trial for a related criminal indictment or information alleging
2a violation of the Illinois Controlled Substances Act, the
3Cannabis Control Act, or the Methamphetamine Control and
4Community Protection Act. Such a stay shall not be available
5pending an appeal. Property subject to forfeiture under the
6Illinois Controlled Substances Act, the Cannabis Control Act,
7or the Methamphetamine Control and Community Protection Act
8shall not be subject to return or release by a court exercising
9jurisdiction over a criminal case involving the seizure of such
10property unless such return or release is consented to by the
11State's Attorney.
12 (K) Title to all All property declared forfeited under this
13Act vests in this State on the commission of the conduct giving
14rise to forfeiture together with the proceeds of the property
15after that time. Except as otherwise provided in this Act, any
16Any such property or proceeds subsequently transferred to any
17person remain subject to forfeiture unless a person to whom the
18property was transferred makes an appropriate claim under this
19Act and has their claim adjudicated in the judicial in rem
20proceeding and thereafter shall be ordered forfeited unless the
21transferee claims and establishes in a hearing under the
22provisions of this Act that the transferee's interest is exempt
23under Section 8 of this Act.
24 (L) A civil action under this Act must be commenced within
255 years after the last conduct giving rise to forfeiture became
26known or should have become known or 5 years after the

HB0303 Enrolled- 194 -LRB100 05313 RLC 15324 b
1forfeitable property is discovered, whichever is later,
2excluding any time during which either the property or claimant
3is out of the State or in confinement or during which criminal
4proceedings relating to the same conduct are in progress.
5 (M) No property shall be forfeited under this Act from a
6person who, without actual or constructive notice that the
7property was the subject of forfeiture proceedings, obtained
8possession of the property as a bona fide purchaser for value.
9A person who purports to transfer property after receiving
10actual or constructive notice that the property is subject to
11seizure or forfeiture is guilty of contempt of court and shall
12be liable to the State for a penalty in the amount of the fair
13market value of the property.
14 (N) If property is ordered forfeited under this Act from a
15claimant who held title to the property in joint tenancy or
16tenancy in common with another claimant, the court shall
17determine the amount of each owner's interest in the property
18according to principles of property law.
19(Source: P.A. 94-556, eff. 9-11-05.)
20 (725 ILCS 150/9.1 new)
21 Sec. 9.1. Innocent owner hearing.
22 (a) After a complaint for forfeiture is filed and all
23claimants have appeared and answered, a claimant may file a
24motion with the court for an innocent owner hearing prior to
25trial. This motion shall be made and supported by sworn

HB0303 Enrolled- 195 -LRB100 05313 RLC 15324 b
1affidavit and shall assert the following along with specific
2facts which support each assertion:
3 (1) that the claimant filing the motion is the true
4 owner of the conveyance as interpreted by case law;
5 (2) that the claimant was not legally accountable for
6 the conduct giving rise to the forfeiture or acquiesced in
7 the conduct;
8 (3) that the claimant did not solicit, conspire, or
9 attempt to commit the conduct giving rise to the
10 forfeiture;
11 (4) that the claimant did not know or did they have
12 reason to know that the conduct giving rise to the
13 forfeiture was likely to occur; and
14 (5) that the claimant did not hold the property for the
15 benefit of, or as nominee for any person whose conduct gave
16 rise to its forfeiture, or if the owner or interest holder
17 acquired the interest through any such person, the owner or
18 interest holder did not acquire it as a bona fide purchaser
19 for value, or acquired the interest without knowledge of
20 the seizure of the property for forfeiture.
21 (b) The claimant's motion shall include specific facts
22supporting these assertions.
23 (c) Upon this filing, a hearing may only be held after the
24parties have been given the opportunity to conduct limited
25discovery as to the ownership and control of the property, the
26claimant's knowledge, or any matter relevant to the issues

HB0303 Enrolled- 196 -LRB100 05313 RLC 15324 b
1raised or facts alleged in the claimant's motion. Discovery
2shall be limited to the People's requests in these areas but
3may proceed by any means allowed in the Code of Civil
4Procedure.
5 (d) After discovery is complete and the court has allowed
6for sufficient time to review and investigate the discovery
7responses, the court shall conduct a hearing. At the hearing,
8the fact that the property is subject to forfeiture shall not
9be at issue. The court shall only hear evidence relating to the
10issue of innocent ownership.
11 (e) At the hearing on the motion, the claimant shall bear
12the burden of proving by a preponderance of the evidence each
13of the assertions set forth in subsection (a) of this Section.
14 (f) If a claimant meets their burden of proof, the court
15shall grant the motion and order the property returned to the
16claimant. If the claimant fails to meet their burden of proof,
17then the court shall deny the motion and the forfeiture case
18shall proceed according to the Rules of Civil Procedure.
19 (725 ILCS 150/9.5 new)
20 Sec. 9.5. Proportionality. Property forfeited under this
21Act shall be subject to an 8th Amendment to the United States
22Constitution disproportionate penalties analysis and the
23property forfeiture may be denied in whole or in part if the
24court finds that the forfeiture would constitute an excessive
25fine in violation of the 8th Amendment to the United States

HB0303 Enrolled- 197 -LRB100 05313 RLC 15324 b
1Constitution, as interpreted by case law.
2 (725 ILCS 150/11) (from Ch. 56 1/2, par. 1681)
3 Sec. 11. Settlement of Claims. Notwithstanding other
4provisions of this Act, the State's Attorney and a claimant of
5seized property may enter into an agreed-upon settlement
6concerning the seized property in such an amount and upon such
7terms as are set out in writing in a settlement agreement. All
8proceeds from a settlement agreement shall be tendered to the
9Department of State Police and distributed in accordance with
10the provisions of Section 17 of this Act.
11(Source: P.A. 86-1382.)
12 (725 ILCS 150/14) (from Ch. 56 1/2, par. 1684)
13 Sec. 14. Judicial Review. If property has been declared
14forfeited under Section 6 of this Act, any person who has an
15interest in the property declared forfeited may, within 30 days
16of the effective date of the notice of the declaration of
17forfeiture, file a claim and cost bond as described in
18subsection (C) of Section 6 of this Act. If a claim and cost
19bond is filed under this Section, then the procedures described
20in Section 9 of this Act shall apply.
21(Source: P.A. 87-614.)
22 (725 ILCS 150/15 new)
23 Sec. 15. Return of property, damages, and costs.

HB0303 Enrolled- 198 -LRB100 05313 RLC 15324 b
1 (a) The law enforcement agency that holds custody of
2property seized for forfeiture shall deliver property ordered
3by the court to be returned or conveyed to the claimant within
4a reasonable time not to exceed 7 days, unless the order is
5stayed by the trial court or a reviewing court pending an
6appeal, motion to reconsider, or other reason.
7 (b) The law enforcement agency that holds custody of
8property described in subsection (a) of this Section is
9responsible for any damages, storage fees, and related costs
10applicable to property returned. The claimant shall not be
11subject to any charges by the State for storage of the property
12or expenses incurred in the preservation of the property.
13Charges for the towing of a conveyance shall be borne by the
14claimant unless the conveyance was towed for the sole reason of
15seizure for forfeiture. This Section does not prohibit the
16imposition of any fees or costs by a home rule unit of local
17government related to the impoundment of a conveyance pursuant
18to an ordinance enacted by the unit of government.
19 (c) A law enforcement agency shall not retain forfeited
20property for its own use or transfer the property to any person
21or entity, except as provided under this Section. A law
22enforcement agency may apply in writing to the Director of
23State Police to request that a forfeited property be awarded to
24the agency for a specifically articulated official law
25enforcement use in an investigation. The Director of State
26Police shall provide a written justification in each instance

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1detailing the reasons why the forfeited property was placed
2into official use and the justification shall be retained for a
3period of not less than 3 years.
4 (725 ILCS 150/17 new)
5 Sec. 17. Distribution of proceeds; selling or retaining
6seized property prohibited.
7 (a) Except as otherwise provided in this Section, the court
8shall order that property forfeited under this Act be delivered
9to the Department of State Police within 60 days.
10 (b) All monies and the sale proceeds of all other property
11forfeited and seized under this Act shall be distributed as
12follows:
13 (1)(i) 65% shall be distributed to the metropolitan
14enforcement group, local, municipal, county, or state law
15enforcement agency or agencies which conducted or participated
16in the investigation resulting in the forfeiture. The
17distribution shall bear a reasonable relationship to the degree
18of direct participation of the law enforcement agency in the
19effort resulting in the forfeiture, taking into account the
20total value of the property forfeited and the total law
21enforcement effort with respect to the violation of the law
22upon which the forfeiture is based. Amounts distributed to the
23agency or agencies shall be used for the enforcement of laws
24governing cannabis and controlled substances; for public
25education in the community or schools in the prevention or

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1detection of the abuse of drugs or alcohol; or for security
2cameras used for the prevention or detection of violence,
3except that amounts distributed to the Secretary of State shall
4be deposited into the Secretary of State Evidence Fund to be
5used as provided in Section 2-115 of the Illinois Vehicle Code.
6 (ii) Any local, municipal, or county law enforcement agency
7entitled to receive a monetary distribution of forfeiture
8proceeds may share those forfeiture proceeds pursuant to the
9terms of an intergovernmental agreement with a municipality
10that has a population in excess of 20,000 if:
11 (A) the receiving agency has entered into an
12 intergovernmental agreement with the municipality to
13 provide police services;
14 (B) the intergovernmental agreement for police
15 services provides for consideration in an amount of not
16 less than $1,000,000 per year;
17 (C) the seizure took place within the geographical
18 limits of the municipality; and
19 (D) the funds are used only for the enforcement of laws
20 governing cannabis and controlled substances; for public
21 education in the community or schools in the prevention or
22 detection of the abuse of drugs or alcohol; or for security
23 cameras used for the prevention or detection of violence or
24 the establishment of a municipal police force, including
25 the training of officers, construction of a police station,
26 or the purchase of law enforcement equipment or vehicles.

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1 (2)(i) 12.5% shall be distributed to the Office of the
2State's Attorney of the county in which the prosecution
3resulting in the forfeiture was instituted, deposited in a
4special fund in the county treasury and appropriated to the
5State's Attorney for use in the enforcement of laws governing
6cannabis and controlled substances; for public education in the
7community or schools in the prevention or detection of the
8abuse of drugs or alcohol; or at the discretion of the State's
9Attorney, in addition to other authorized purposes, to make
10grants to local substance abuse treatment facilities and
11half-way houses. In counties over 3,000,000 population, 25%
12shall be distributed to the Office of the State's Attorney for
13use in the enforcement of laws governing cannabis and
14controlled substances; for public education in the community or
15schools in the prevention or detection of the abuse of drugs or
16alcohol; or at the discretion of the State's Attorney, in
17addition to other authorized purposes, to make grants to local
18substance abuse treatment facilities and half-way houses. If
19the prosecution is undertaken solely by the Attorney General,
20the portion provided shall be distributed to the Attorney
21General for use in the enforcement of laws governing cannabis
22and controlled substances or for public education in the
23community or schools in the prevention or detection of the
24abuse of drugs or alcohol.
25 (ii) 12.5% shall be distributed to the Office of the
26State's Attorneys Appellate Prosecutor and deposited in the

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1Narcotics Profit Forfeiture Fund of that office to be used for
2additional expenses incurred in the investigation, prosecution
3and appeal of cases arising under laws governing cannabis and
4controlled substances or for public education in the community
5or schools in the prevention or detection of the abuse of drugs
6or alcohol. The Office of the State's Attorneys Appellate
7Prosecutor shall not receive distribution from cases brought in
8counties with over 3,000,000 population.
9 (3) 10% shall be retained by the Department of State Police
10for expenses related to the administration and sale of seized
11and forfeited property.
12 (725 ILCS 150/20 new)
13 Sec. 20. Reporting. Property seized or forfeited under this
14Act is subject to reporting under the Seizure and Forfeiture
15Reporting Act.
16 Section 175. The Narcotics Profit Forfeiture Act is amended
17by adding Section 6.5 as follows:
18 (725 ILCS 175/6.5 new)
19 Sec. 6.5. Reporting. Property seized or forfeited under
20this Act is subject to reporting under the Seizure and
21Forfeiture Reporting Act.
22 Section 180. The Illinois Streetgang Terrorism Omnibus

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1Prevention Act is amended by changing Section 40 as follows:
2 (740 ILCS 147/40)
3 Sec. 40. Forfeiture Contraband.
4 (a) The following are subject to seizure and forfeiture
5declared to be contraband and no person shall have a property
6interest in them:
7 (1) any property that is directly or indirectly used or
8 intended for use in any manner to facilitate streetgang
9 related activity; and
10 (2) any property constituting or derived from gross
11 profits or other proceeds obtained from streetgang related
12 activity.
13 (b) Property subject to forfeiture under this Section may
14be seized under the procedures set forth under Section 36-2.1
15of the Criminal Code of 2012, except that actual physical
16seizure of real property subject to forfeiture under this Act
17requires the issuance of a seizure warrant. Nothing in this
18Section prohibits the constructive seizure of real property
19through the filing of a complaint for forfeiture in circuit
20court and the recording of a lis pendens against the real
21property without a hearing, warrant application, or judicial
22approval.
23 (c) The State's Attorney may initiate forfeiture
24proceedings under the procedures in Article 36 of the Criminal
25Code of 2012. The State shall bear the burden of proving by a

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1preponderance of the evidence that the property was acquired
2through a pattern of streetgang related activity.
3 (d) Property forfeited under this Section shall be disposed
4of in accordance with Section 36-7 of Article 36 of the
5Criminal Code of 2012 for the forfeiture of vehicles, vessels,
6and aircraft.
7 (e) Within 60 days of the date of the seizure of contraband
8under this Section, the State's Attorney shall initiate
9forfeiture proceedings as provided in Article 36 of the
10Criminal Code of 2012. An owner or person who has a lien on the
11property may establish as a defense to the forfeiture of
12property that is subject to forfeiture under this Section that
13the owner or lienholder had no knowledge that the property was
14acquired through a pattern of streetgang related activity.
15Property that is forfeited under this Section shall be disposed
16of as provided in Article 36 of the Criminal Code of 2012 for
17the forfeiture of vehicles, vessels, and aircraft. The proceeds
18of the disposition shall be paid to the Gang Violence Victims
19and Witnesses Fund to be used to assist in the prosecution of
20gang crimes.
21 (f) Property seized or forfeited under this Section is
22subject to reporting under the Seizure and Forfeiture Reporting
23Act.
24(Source: P.A. 97-1150, eff. 1-25-13.)
25 Section 185. The Illinois Securities Law of 1953 is amended

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1by changing Section 11 as follows:
2 (815 ILCS 5/11) (from Ch. 121 1/2, par. 137.11)
3 Sec. 11. Duties and powers of the Secretary of State.
4 A. (1) The administration of this Act is vested in the
5Secretary of State, who may from time to time make, amend and
6rescind such rules and regulations as may be necessary to carry
7out this Act, including rules and regulations governing
8procedures of registration, statements, applications and
9reports for various classes of securities, persons and matters
10within his or her jurisdiction and defining any terms, whether
11or not used in this Act, insofar as the definitions are not
12inconsistent with this Act. The rules and regulations adopted
13by the Secretary of State under this Act shall be effective in
14the manner provided for in the Illinois Administrative
15Procedure Act.
16 (2) Among other things, the Secretary of State shall have
17authority, for the purposes of this Act, to prescribe the form
18or forms in which required information shall be set forth,
19accounting practices, the items or details to be shown in
20balance sheets and earning statements, and the methods to be
21followed in the preparation of accounts, in the appraisal or
22valuation of assets and liabilities, in the determination of
23depreciation and depletion, in the differentiation of
24recurring and non-recurring income, in the differentiation of
25investment and operating income, and in the preparation of

HB0303 Enrolled- 206 -LRB100 05313 RLC 15324 b
1consolidated balance sheets or income accounts of any person,
2directly or indirectly, controlling or controlled by the
3issuer, or any person under direct or indirect common control
4with the issuer.
5 (3) No provision of this Act imposing any liability shall
6apply to any act done or omitted in good faith in conformity
7with any rule or regulation of the Secretary of State under
8this Act, notwithstanding that the rule or regulation may,
9after the act or omission, be amended or rescinded or be
10determined by judicial or other authority to be invalid for any
11reason.
12 (4) The Securities Department of the Office of the
13Secretary of State shall be deemed a criminal justice agency
14for purposes of all federal and state laws and regulations and,
15in that capacity, shall be entitled to access to any
16information available to criminal justice agencies and has the
17power to appoint special agents to conduct all investigations,
18searches, seizures, arrests, and other duties imposed under the
19provisions of any law administered by the Department. The
20special agents have and may exercise all the powers of peace
21officers solely for the purpose of enforcing provisions of this
22Act.
23 The Director must authorize to each special agent employed
24under this Section a distinct badge that, on its face, (i)
25clearly states that the badge is authorized by the Department
26and (ii) contains a unique and identifying number.

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1 Special agents shall comply with all training requirements
2established for law enforcement officers by provisions of the
3Illinois Police Training Act.
4 (5) The Secretary of State, by rule, may conditionally or
5unconditionally exempt any person, security, or transaction,
6or any class or classes of persons, securities, or transactions
7from any provision of Section 5, 6, 7, 8, 8a, or 9 of this Act
8or of any rule promulgated under these Sections, to the extent
9that such exemption is necessary or appropriate in the public
10interest, and is consistent with the protection of investors.
11 B. The Secretary of State may, anything in this Act to the
12contrary notwithstanding, require financial statements and
13reports of the issuer, dealer, Internet portal, salesperson,
14investment adviser, or investment adviser representative as
15often as circumstances may warrant. In addition, the Secretary
16of State may secure information or books and records from or
17through others and may make or cause to be made investigations
18respecting the business, affairs, and property of the issuer of
19securities, any person involved in the sale or offer for sale,
20purchase or offer to purchase of any mineral investment
21contract, mineral deferred delivery contract, or security and
22of dealers, Internet portals, salespersons, investment
23advisers, and investment adviser representatives that are
24registered or are the subject of an application for
25registration under this Act. The costs of an investigation
26shall be borne by the registrant or the applicant, provided

HB0303 Enrolled- 208 -LRB100 05313 RLC 15324 b
1that the registrant or applicant shall not be obligated to pay
2the costs without his, her or its consent in advance.
3 C. Whenever it shall appear to the Secretary of State,
4either upon complaint or otherwise, that this Act, or any rule
5or regulation prescribed under authority thereof, has been or
6is about to be violated, he or she may, in his or her
7discretion, do one or more of the following:
8 (1) require or permit the person to file with the
9 Secretary of State a statement in writing under oath, or
10 otherwise, as to all the facts and circumstances concerning
11 the subject matter which the Secretary of State believes to
12 be in the public interest to investigate, audit, examine,
13 or inspect;
14 (2) conduct an investigation, audit, examination, or
15 inspection as necessary or advisable for the protection of
16 the interests of the public; and
17 (3) appoint investigators to conduct all
18 investigations, searches, seizures, arrests, and other
19 duties imposed under the provisions of any law administered
20 by the Department. The Director must authorize to each
21 investigator employed under this Section a distinct badge
22 that, on its face, (i) clearly states that the badge is
23 authorized by the Department and (ii) contains a unique and
24 identifying number.
25 D. (1) For the purpose of all investigations, audits,
26examinations, or inspections which in the opinion of the

HB0303 Enrolled- 209 -LRB100 05313 RLC 15324 b
1Secretary of State are necessary and proper for the enforcement
2of this Act, the Secretary of State or a person designated by
3him or her is empowered to administer oaths and affirmations,
4subpoena witnesses, take evidence, and require, by subpoena or
5other lawful means provided by this Act or the rules adopted by
6the Secretary of State, the production of any books and
7records, papers, or other documents which the Secretary of
8State or a person designated by him or her deems relevant or
9material to the inquiry.
10 (2) The Secretary of State or a person designated by him or
11her is further empowered to administer oaths and affirmations,
12subpoena witnesses, take evidence, and require the production
13of any books and records, papers, or other documents in this
14State at the request of a securities agency of another state,
15if the activities constituting the alleged violation for which
16the information is sought would be in violation of Section 12
17of this Act if the activities had occurred in this State.
18 (3) The Circuit Court of any County of this State, upon
19application of the Secretary of State or a person designated by
20him or her may order the attendance of witnesses, the
21production of books and records, papers, accounts and documents
22and the giving of testimony before the Secretary of State or a
23person designated by him or her; and any failure to obey the
24order may be punished by the Circuit Court as a contempt
25thereof.
26 (4) The fees of subpoenaed witnesses under this Act for

HB0303 Enrolled- 210 -LRB100 05313 RLC 15324 b
1attendance and travel shall be the same as fees of witnesses
2before the Circuit Courts of this State, to be paid when the
3witness is excused from further attendance, provided, the
4witness is subpoenaed at the instance of the Secretary of
5State; and payment of the fees shall be made and audited in the
6same manner as other expenses of the Secretary of State.
7 (5) Whenever a subpoena is issued at the request of a
8complainant or respondent as the case may be, the Secretary of
9State may require that the cost of service and the fee of the
10witness shall be borne by the party at whose instance the
11witness is summoned.
12 (6) The Secretary of State shall have power at his or her
13discretion, to require a deposit to cover the cost of the
14service and witness fees and the payment of the legal witness
15fee and mileage to the witness served with subpoena.
16 (7) A subpoena issued under this Act shall be served in the
17same manner as a subpoena issued out of a circuit court.
18 (8) The Secretary of State may in any investigation,
19audits, examinations, or inspections cause the taking of
20depositions of persons residing within or without this State in
21the manner provided in civil actions under the laws of this
22State.
23 E. Anything in this Act to the contrary notwithstanding:
24 (1) If the Secretary of State shall find that the offer
25 or sale or proposed offer or sale or method of offer or
26 sale of any securities by any person, whether exempt or

HB0303 Enrolled- 211 -LRB100 05313 RLC 15324 b
1 not, in this State, is fraudulent, or would work or tend to
2 work a fraud or deceit, or is being offered or sold in
3 violation of Section 12, or there has been a failure or
4 refusal to submit any notification filing or fee required
5 under this Act, the Secretary of State may by written order
6 prohibit or suspend the offer or sale of securities by that
7 person or deny or revoke the registration of the securities
8 or the exemption from registration for the securities.
9 (2) If the Secretary of State shall find that any
10 person has violated subsection C, D, E, F, G, H, I, J, or K
11 of Section 12 of this Act, the Secretary of State may by
12 written order temporarily or permanently prohibit or
13 suspend the person from offering or selling any securities,
14 any mineral investment contract, or any mineral deferred
15 delivery contract in this State, provided that any person
16 who is the subject of an order of permanent prohibition may
17 petition the Secretary of State for a hearing to present
18 evidence of rehabilitation or change in circumstances
19 justifying the amendment or termination of the order of
20 permanent prohibition.
21 (3) If the Secretary of State shall find that any
22 person is engaging or has engaged in the business of
23 selling or offering for sale securities as a dealer,
24 Internet portal, or salesperson or is acting or has acted
25 as an investment adviser, investment adviser
26 representative, or federal covered investment adviser,

HB0303 Enrolled- 212 -LRB100 05313 RLC 15324 b
1 without prior thereto and at the time thereof having
2 complied with the registration or notice filing
3 requirements of this Act, the Secretary of State may by
4 written order prohibit or suspend the person from engaging
5 in the business of selling or offering for sale securities,
6 or acting as an investment adviser, investment adviser
7 representative, or federal covered investment adviser, in
8 this State.
9 (4) In addition to any other sanction or remedy
10 contained in this subsection E, the Secretary of State,
11 after finding that any provision of this Act has been
12 violated, may impose a fine as provided by rule, regulation
13 or order not to exceed $10,000 for each violation of this
14 Act, may issue an order of public censure against the
15 violator, and may charge as costs of investigation all
16 reasonable expenses, including attorney's fees and witness
17 fees.
18 F. (1) The Secretary of State shall not deny, suspend or
19revoke the registration of securities, suspend or revoke the
20registration of a dealer, Internet portal, salesperson,
21investment adviser, or investment adviser representative,
22prohibit or suspend the offer or sale of any securities,
23prohibit or suspend any person from offering or selling any
24securities in this State, prohibit or suspend a dealer or
25salesperson from engaging in the business of selling or
26offering for sale securities, prohibit or suspend a person from

HB0303 Enrolled- 213 -LRB100 05313 RLC 15324 b
1acting as an investment adviser or federal covered investment
2adviser, or investment adviser representative, impose any fine
3for violation of this Act, issue an order of public censure, or
4enter into an agreed settlement except after an opportunity for
5hearing upon not less than 10 days notice given by personal
6service or registered mail or certified mail, return receipt
7requested, to the person or persons concerned. Such notice
8shall state the date and time and place of the hearing and
9shall contain a brief statement of the proposed action of the
10Secretary of State and the grounds for the proposed action. A
11failure to appear at the hearing or otherwise respond to the
12allegations set forth in the notice of hearing shall constitute
13an admission of any facts alleged therein and shall constitute
14sufficient basis to enter an order.
15 (2) Anything herein contained to the contrary
16notwithstanding, the Secretary of State may temporarily
17prohibit or suspend, for a maximum period of 90 days, by an
18order effective immediately, the offer or sale or registration
19of securities, the registration of a dealer, Internet portal,
20salesperson, investment adviser, or investment adviser
21representative, or the offer or sale of securities by any
22person, or the business of rendering investment advice, without
23the notice and prior hearing in this subsection prescribed, if
24the Secretary of State shall in his or her opinion, based on
25credible evidence, deem it necessary to prevent an imminent
26violation of this Act or to prevent losses to investors which

HB0303 Enrolled- 214 -LRB100 05313 RLC 15324 b
1the Secretary of State reasonably believes will occur as a
2result of a prior violation of this Act. Immediately after
3taking action without such notice and hearing, the Secretary of
4State shall deliver a copy of the temporary order to the
5respondent named therein by personal service or registered mail
6or certified mail, return receipt requested. The temporary
7order shall set forth the grounds for the action and shall
8advise that the respondent may request a hearing, that the
9request for a hearing will not stop the effectiveness of the
10temporary order and that respondent's failure to request a
11hearing within 30 days after the date of the entry of the
12temporary order shall constitute an admission of any facts
13alleged therein and shall constitute sufficient basis to make
14the temporary order final. Any provision of this paragraph (2)
15to the contrary notwithstanding, the Secretary of State may not
16pursuant to the provisions of this paragraph (2) suspend the
17registration of a dealer, limited Canadian dealer,
18salesperson, investment adviser, or investment adviser
19representative based upon sub-paragraph (n) of paragraph (l) of
20subsection E of Section 8 of this Act or revoke the
21registration of securities or revoke the registration of any
22dealer, salesperson, investment adviser representative, or
23investment adviser.
24 (3) The Secretary of State may issue a temporary order
25suspending or delaying the effectiveness of any registration of
26securities under subsection A or B of Section 5, 6 or 7 of this

HB0303 Enrolled- 215 -LRB100 05313 RLC 15324 b
1Act subsequent to and upon the basis of the issuance of any
2stop, suspension or similar order by the Securities and
3Exchange Commission with respect to the securities which are
4the subject of the registration under subsection A or B of
5Section 5, 6 or 7 of this Act, and the order shall become
6effective as of the date and time of effectiveness of the
7Securities and Exchange Commission order and shall be vacated
8automatically at such time as the order of the Securities and
9Exchange Commission is no longer in effect.
10 (4) When the Secretary of State finds that an application
11for registration as a dealer, Internet portal, salesperson,
12investment adviser, or investment adviser representative
13should be denied, the Secretary of State may enter an order
14denying the registration. Immediately after taking such
15action, the Secretary of State shall deliver a copy of the
16order to the respondent named therein by personal service or
17registered mail or certified mail, return receipt requested.
18The order shall state the grounds for the action and that the
19matter will be set for hearing upon written request filed with
20the Secretary of State within 30 days after the receipt of the
21request by the respondent. The respondent's failure to request
22a hearing within 30 days after receipt of the order shall
23constitute an admission of any facts alleged therein and shall
24make the order final. If a hearing is held, the Secretary of
25State shall affirm, vacate, or modify the order.
26 (5) The findings and decision of the Secretary of State

HB0303 Enrolled- 216 -LRB100 05313 RLC 15324 b
1upon the conclusion of each final hearing held pursuant to this
2subsection shall be set forth in a written order signed on
3behalf of the Secretary of State by his or her designee and
4shall be filed as a public record. All hearings shall be held
5before a person designated by the Secretary of State, and
6appropriate records thereof shall be kept.
7 (6) Notwithstanding the foregoing, the Secretary of State,
8after notice and opportunity for hearing, may at his or her
9discretion enter into an agreed settlement, stipulation or
10consent order with a respondent in accordance with the
11provisions of the Illinois Administrative Procedure Act. The
12provisions of the agreed settlement, stipulation or consent
13order shall have the full force and effect of an order issued
14by the Secretary of State.
15 (7) Anything in this Act to the contrary notwithstanding,
16whenever the Secretary of State finds that a person is
17currently expelled from, refused membership in or association
18with, or limited in any material capacity by a self-regulatory
19organization registered under the Federal 1934 Act or the
20Federal 1974 Act because of a fraudulent or deceptive act or a
21practice in violation of a rule, regulation, or standard duly
22promulgated by the self-regulatory organization, the Secretary
23of State may, at his or her discretion, enter a Summary Order
24of Prohibition, which shall prohibit the offer or sale of any
25securities, mineral investment contract, or mineral deferred
26delivery contract by the person in this State. The order shall

HB0303 Enrolled- 217 -LRB100 05313 RLC 15324 b
1take effect immediately upon its entry. Immediately after
2taking the action the Secretary of State shall deliver a copy
3of the order to the named Respondent by personal service or
4registered mail or certified mail, return receipt requested. A
5person who is the subject of an Order of Prohibition may
6petition the Secretary of State for a hearing to present
7evidence of rehabilitation or change in circumstances
8justifying the amendment or termination of the Order of
9Prohibition.
10 G. No administrative action shall be brought by the
11Secretary of State for relief under this Act or upon or because
12of any of the matters for which relief is granted by this Act
13after the earlier to occur of (i) 3 years from the date upon
14which the Secretary of State had notice of facts which in the
15exercise of reasonable diligence would lead to actual knowledge
16of the alleged violation of the Act, or (ii) 5 years from the
17date on which the alleged violation occurred.
18 H. The action of the Secretary of State in denying,
19suspending, or revoking the registration of a dealer, Internet
20portal, limited Canadian dealer, salesperson, investment
21adviser, or investment adviser representative, in prohibiting
22any person from engaging in the business of offering or selling
23securities as a dealer, limited Canadian dealer, or
24salesperson, in prohibiting or suspending the offer or sale of
25securities by any person, in prohibiting a person from acting
26as an investment adviser, federal covered investment adviser,

HB0303 Enrolled- 218 -LRB100 05313 RLC 15324 b
1or investment adviser representative, in denying, suspending,
2or revoking the registration of securities, in prohibiting or
3suspending the offer or sale or proposed offer or sale of
4securities, in imposing any fine for violation of this Act, or
5in issuing any order shall be subject to judicial review in the
6Circuit Courts of Cook or Sangamon Counties in this State. The
7Administrative Review Law shall apply to and govern every
8action for the judicial review of final actions or decisions of
9the Secretary of State under this Act.
10 I. Notwithstanding any other provisions of this Act to the
11contrary, whenever it shall appear to the Secretary of State
12that any person is engaged or about to engage in any acts or
13practices which constitute or will constitute a violation of
14this Act or of any rule or regulation prescribed under
15authority of this Act, the Secretary of State may at his or her
16discretion, through the Attorney General take any of the
17following actions:
18 (1) File a complaint and apply for a temporary
19 restraining order without notice, and upon a proper showing
20 the court may enter a temporary restraining order without
21 bond, to enforce this Act.
22 (2) File a complaint and apply for a preliminary or
23 permanent injunction, and, after notice and a hearing and
24 upon a proper showing, the court may grant a preliminary or
25 permanent injunction and may order the defendant to make an
26 offer of rescission with respect to any sales or purchases

HB0303 Enrolled- 219 -LRB100 05313 RLC 15324 b
1 of securities, mineral investment contracts, or mineral
2 deferred delivery contracts determined by the court to be
3 unlawful under this Act.
4 (3) Seek the seizure of assets when probable cause
5 exists that the assets were obtained by a defendant through
6 conduct in violation of Section 12, paragraph F, G, I, J,
7 K, or L of this Act, and thereby subject to a judicial
8 forfeiture hearing as required under this Act.
9 (a) In the event that such probable cause exists
10 that the subject of an investigation who is alleged to
11 have committed one of the relevant violations of this
12 Act has in his possession assets obtained as a result
13 of the conduct giving rise to the violation, the
14 Secretary of State may seek a seizure warrant in any
15 circuit court in Illinois.
16 (b) In seeking a seizure warrant, the Secretary of
17 State, or his or her designee, shall submit to the
18 court a sworn affidavit detailing the probable cause
19 evidence for the seizure, the location of the assets to
20 be seized, the relevant violation under Section 12 of
21 this Act, and a statement detailing any known owners or
22 interest holders in the assets.
23 (c) Seizure of the assets shall be made by any
24 peace officer upon process of the seizure warrant
25 issued by the court. Following the seizure of assets
26 under this Act and pursuant to a seizure warrant,

HB0303 Enrolled- 220 -LRB100 05313 RLC 15324 b
1 notice of seizure, including a description of the
2 seized assets, shall immediately be returned to the
3 issuing court. Seized assets shall be maintained
4 pending a judicial forfeiture hearing in accordance
5 with the instructions of the court.
6 (d) In the event that management of seized assets
7 becomes necessary to prevent the devaluation,
8 dissipation, or otherwise to preserve the property,
9 the court shall have jurisdiction to appoint a
10 receiver, conservator, ancillary receiver, or
11 ancillary conservator for that purpose, as provided in
12 item (2) of this subsection.
13 (4) Seek the forfeiture of assets obtained through
14 conduct in violation of Section 12, paragraph F, G, H, I,
15 J, K, or L when authorized by law. A forfeiture must be
16 ordered by a circuit court or an action brought by the
17 Secretary of State as provided for in this Act, under a
18 verified complaint for forfeiture.
19 (a) In the event assets have been seized pursuant
20 to this Act, forfeiture proceedings shall be
21 instituted by the Attorney General within 45 days of
22 seizure.
23 (b) Service of the complaint filed under the
24 provisions of this Act shall be made in the manner as
25 provided in civil actions in this State.
26 (c) Only an owner of or interest holder in the

HB0303 Enrolled- 221 -LRB100 05313 RLC 15324 b
1 property may file an answer asserting a claim against
2 the property. For purposes of this Section, the owner
3 or interest holder shall be referred to as claimant.
4 (d) The answer must be signed by the owner or
5 interest holder under penalty of perjury and must set
6 forth:
7 (i) the caption of the proceedings as set forth
8 on the notice of pending forfeiture and the name of
9 the claimant;
10 (ii) the address at which the claimant will
11 accept mail;
12 (iii) the nature and extent of the claimant's
13 interest in the property;
14 (iv) the date, identity of the transferor, and
15 circumstances of the claimant's acquisition of the
16 interest in the property;
17 (v) the name and address of all other persons
18 known to have an interest in the property;
19 (vi) the specific provisions of this Act
20 relied on in asserting that the property is not
21 subject to forfeiture;
22 (vii) all essential facts supporting each
23 assertion; and
24 (viii) the precise relief sought.
25 (e) The answer must be filed with the court within
26 45 days after service of the complaint.

HB0303 Enrolled- 222 -LRB100 05313 RLC 15324 b
1 (f) A property interest is exempt from forfeiture
2 under this Act if its owner or interest holder
3 establishes by a preponderance of evidence that the
4 owner or interest holder:
5 (i) is not legally accountable for the conduct
6 giving rise to the forfeiture, did not acquiesce in
7 it, and did not know and could not reasonably have
8 known of the conduct or that the conduct was likely
9 to occur;
10 (ii) with respect to conveyances, did not hold
11 the property jointly or in common with a person
12 whose conduct gave rise to the forfeiture;
13 (iii) does not hold the property for the
14 benefit of or as a nominee for any person whose
15 conduct gave rise to its forfeiture and the owner
16 or interest holder acquires it as a bona fide
17 purchaser for value without knowingly taking part
18 in the conduct giving rise to the forfeiture; or
19 (iv) acquired the interest after the
20 commencement of the conduct giving rise to its
21 forfeiture and the owner or interest holder
22 acquired the interest as a mortgagee, secured
23 creditor, lienholder, or bona fide purchaser for
24 value without knowledge of the conduct that gave
25 rise to the forfeiture.
26 (g) The hearing must be held within 60 days after

HB0303 Enrolled- 223 -LRB100 05313 RLC 15324 b
1 the answer is filed unless continued for good cause.
2 (h) During the probable cause portion of the
3 judicial in rem proceeding wherein the Secretary of
4 State presents its case-in-chief, the court must
5 receive and consider, among other things, any relevant
6 hearsay evidence and information. The laws of evidence
7 relating to civil actions shall apply to all other
8 portions of the judicial in rem proceeding.
9 (i) The Secretary of State shall show the existence
10 of probable cause for forfeiture of the property. If
11 the Secretary of State shows probable cause, the
12 claimant has the burden of showing by a preponderance
13 of the evidence that the claimant's interest in the
14 property is not subject to forfeiture.
15 (j) If the Secretary of State does not show the
16 existence of probable cause or a claimant has an
17 interest that is exempt under subdivision I (4)(d) of
18 this Section, the court shall order the interest in the
19 property returned or conveyed to the claimant and shall
20 order all other property forfeited to the Secretary of
21 State pursuant to all provisions of this Act. If the
22 Secretary of State does show the existence of probable
23 cause and the claimant does not establish by a
24 preponderance of the evidence that the claimant has an
25 interest that is exempt under subsection D herein, the
26 court shall order all the property forfeited to the

HB0303 Enrolled- 224 -LRB100 05313 RLC 15324 b
1 Secretary of State pursuant to the provisions of the
2 Section.
3 (k) A defendant convicted in any criminal
4 proceeding is precluded from later denying the
5 essential allegations of the criminal offense of which
6 the defendant was convicted in any proceeding for
7 violations of the Act giving rise to forfeiture of
8 property herein regardless of the pendency of an appeal
9 from that conviction. However, evidence of the
10 pendency of an appeal is admissible.
11 (l) An acquittal or dismissal in a criminal
12 proceeding for violations of the Act giving rise to the
13 forfeiture of property herein shall not preclude civil
14 proceedings under this provision; however, for good
15 cause shown, on a motion by the Secretary of State, the
16 court may stay civil forfeiture proceedings during the
17 criminal trial for a related criminal indictment or
18 information alleging violation of the provisions of
19 Section 12 of the Illinois Securities Law of 1953.
20 Property subject to forfeiture under this Section
21 shall not be subject to return or release by a court
22 exercising jurisdiction over a criminal case involving
23 the seizure of the property unless the return or
24 release is consented to by the Secretary of State.
25 (m) All property declared forfeited under this Act
26 vests in the State on the commission of the conduct

HB0303 Enrolled- 225 -LRB100 05313 RLC 15324 b
1 giving rise to forfeiture together with the proceeds of
2 the property after that time. Any such property or
3 proceeds subsequently transferred to any person remain
4 subject to forfeiture and thereafter shall be ordered
5 forfeited unless the transferee claims and establishes
6 in a hearing under the provisions of this Act that the
7 transferee's interest is exempt under the Act. Any
8 assets forfeited to the State shall be disposed of in
9 following manner:
10 (i) all forfeited property and assets shall be
11 liquidated by the Secretary of State in accordance
12 with all laws and rules governing the disposition
13 of such property;
14 (ii) the Secretary of State shall provide the
15 court at the time the property and assets are
16 declared forfeited a verified statement of
17 investors subject to the conduct giving rise to the
18 forfeiture;
19 (iii) after payment of any costs of sale,
20 receivership, storage, or expenses for
21 preservation of the property seized, other costs
22 to the State, and payment to claimants for any
23 amount deemed exempt from forfeiture, the proceeds
24 from liquidation shall be distributed pro rata to
25 investors subject to the conduct giving rise to the
26 forfeiture; and

HB0303 Enrolled- 226 -LRB100 05313 RLC 15324 b
1 (iv) any proceeds remaining after all verified
2 investors have been made whole shall be
3 distributed 25% to the Securities Investors
4 Education Fund, 25% to the Securities Audit and
5 Enforcement Fund, 25% to the Attorney General or
6 any State's Attorney bringing criminal charges for
7 the conduct giving rise to the forfeiture, and 25%
8 to other law enforcement agencies participating in
9 the investigation of the criminal charges for the
10 conduct giving rise to the forfeiture. In the event
11 that no other law enforcement agencies are
12 involved in the investigation of the conduct
13 giving rise to the forfeiture, then the portion to
14