Bill Text: IL HB0468 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Asset Forfeiture Process and Private Property Protection Act. Provides that this Act sets out the exclusive process governing forfeitures in this State and supersedes any conflicting or inconsistent provisions under State law. Provides that forfeiture will be applicable to any State law that carries a felony sanction which explicitly includes forfeiture as a punishment for the offense. Provides that a person will only be subject to forfeit proceeds and property the person derived directly from the commission of the crime, proceeds and property directly traceable to proceeds and property derived directly from the commission of the crime, and instrumentalities the person used in the commission of the crime only if the person is convicted of violating a State law subject to forfeiture. Provides that there will be no civil asset forfeiture. Makes a corresponding change in the Freedom of Information Act.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-02-16 - Tabled [HB0468 Detail]

Download: Illinois-2017-HB0468-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0468

Introduced , by Rep. Al Riley

SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5

Creates the Asset Forfeiture Process and Private Property Protection Act. Provides that this Act sets out the exclusive process governing forfeitures in this State and supersedes any conflicting or inconsistent provisions under State law. Provides that forfeiture will be applicable to any State law that carries a felony sanction which explicitly includes forfeiture as a punishment for the offense. Provides that a person will only be subject to forfeit proceeds and property the person derived directly from the commission of the crime, proceeds and property directly traceable to proceeds and property derived directly from the commission of the crime, and instrumentalities the person used in the commission of the crime only if the person is convicted of violating a State law subject to forfeiture. Provides that there will be no civil asset forfeiture. Makes a corresponding change in the Freedom of Information Act.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 Asset
5Forfeiture Process and Private Property Protection Act.
6 Section 5. Legislative intent. This Act intends to (i)
7deter criminal activity by reducing its economic incentives;
8(ii) increase the pecuniary loss from criminal activity; and
9(iii) protect against the wrongful forfeiture of property.
10 Section 10. Definitions. In this Act:
11 "Contraband" means goods that are unlawful to import,
12export or possess.
13 "Conveyance" means a device used for transportation and
14includes a motor vehicle, trailer, snowmobile, airplane, and
15vessel and any equipment attached to it. The term does not
16include property that is stolen or taken in violation of the
17law.
18 "Instrumentality" means property otherwise lawful to
19possess that is used in an offense. An "instrumentality"
20includes a tool, a firearm, a conveyance, a computer, computer
21software, a telecommunications device, money, and other means
22of exchange.

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1 A "law subject to forfeiture" is a State law that carries a
2felony penalty and that explicitly includes forfeiture as a
3punishment or sanction for the offense in the provision
4creating the offense in a prior law that created forfeiture
5provisions.
6 Section 15. Exclusivity. This Act sets out the exclusive
7process governing forfeitures in this State and supersedes any
8conflicting or inconsistent provisions under State law.
9 Section 20. Criminal asset forfeiture. When a person is
10convicted of violating a law subject to forfeiture, the court,
11consistent with this Act, shall order the person to forfeit:
12 (1) proceeds and property the person derived directly
13 from the commission of the crime;
14 (2) proceeds and property directly traceable to
15 proceeds and property derived directly from the commission
16 of the crime; and
17 (3) instrumentalities the person used in the
18 commission of the crime.
19 Section 25. Conviction required; standard of proof.
20 (a) Property used in or derived from the violation of a law
21is subject to forfeiture only if:
22 (1) the violation is of a law subject to forfeiture;
23 and

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1 (2) the violation is established by proof of a criminal
2 conviction.
3 (b) The State shall establish that seized property is
4forfeitable under Section 20 by clear and convincing evidence.
5 Section 30. No civil asset forfeiture. There is no civil
6asset forfeiture.
7 Section 35. Rule of lenity. The court shall resolve any
8ambiguity under this Act relating to the State taking property
9through asset forfeiture in favor of the property owner.
10 Section 40. Court-appointed counsel. If a court determines
11that a person opposing forfeiture is financially unable to
12obtain representation by counsel, the court, at the request of
13the person, shall insure that the person is represented by an
14attorney at the State's expense. The attorney shall submit a
15statement of reasonable fees and costs to the court in a manner
16directed by the court.
17 Section 45. Authorization to use forfeiture.
18 (a) Except for federal forfeitures consistent with Section
19195, forfeiture may occur only pursuant to an explicit grant of
20authority in State law. An ordinance enacted by a county,
21municipality, or other unit of government authorizing
22forfeiture is not valid.

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1 (b) A prosecutor having jurisdiction over a law subject to
2forfeiture has authority to pursue forfeiture.
3 Section 50. Property subject to forfeiture; contraband.
4 (a) Property subject to forfeiture is limited to:
5 (1) land, buildings, containers, conveyances,
6 equipment, materials, products, money, securities, and
7 negotiable instruments; and
8 (2) ammunition, firearms, and ammunition-and-firearm
9 accessories used in the furtherance or commission of, or
10 obtained from the proceeds of, a violation of a law subject
11 to forfeiture.
12 (b) No property right exists in contraband, including
13scheduled drugs without a valid prescription. Contraband is
14subject to seizure and must be disposed of according to State
15law. Contraband is not subject to forfeiture under this Act.
16 Section 55. Substitution of assets for unreachable
17property. Upon the State's motion following conviction, the
18court may order the forfeiture of substitute property owned
19fully by the defendant up to the value of unreachable property
20only if the State proves by a preponderance of the evidence
21that the defendant intentionally transferred, sold, or
22deposited property with a third party to avoid the court's
23jurisdiction.

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1 Section 60. No additional remedies. Except as otherwise
2provided in this Act, the State may not seek additional
3remedies including but not limited to personal money judgments.
4 Section 65. No Joint-and-several liability; pro rata
5forfeitures.
6 (a) A defendant is not jointly and severally liable for
7forfeiture awards owed by other defendants.
8 (b) When ownership is unclear, a court may order each
9defendant to forfeit property on a pro rata basis proportional
10to the proceeds that each defendant personally received.
11 Section 70. Designating property subject to forfeiture.
12 (a) Property subject to forfeiture must be identified by
13the State in an indictment of a grand jury or by information in
14the court in any related criminal proceeding in which a person
15with an interest in the property has been simultaneously
16charged with a violation of a law subject to forfeiture.
17 (b) The indictment or information must specify the time and
18place of the violation, identify the property, and particularly
19describe its use in the commission of the crime or derivation
20from the commission of the crime.
21 (c) At any time prior to trial, the State, with the consent
22of the court and any defendant with an interest in the
23property, may file an ancillary charge alleging that property
24is subject to forfeiture.

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1 Section 75. Seizure with process. At the request of the
2State, a court may issue an ex parte preliminary order to seize
3or secure property for which forfeiture is sought and to
4provide for its custody. Application, issuance, execution, and
5return are subject to State law.
6 Section 80. Seizure without process. Property subject to
7forfeiture may be seized without a court order if:
8 (1) the seizure is incident to a lawful arrest or a
9 lawful search;
10 (2) the property subject to seizure has been the
11 subject of a prior judgment in favor of the State; or
12 (3) the State has probable cause to believe that the
13 delay occasioned by the necessity to obtain process would
14 result in the removal or destruction of the property and
15 that the property is forfeitable under Section 20.
16 Section 85. Receipt for seized property. When property is
17seized, the law enforcement officer shall give an itemized
18receipt to the person in possession of the property; or in the
19absence of any person, leave a receipt in the place where the
20property was found, if reasonably possible.
21 Section 90. Bill of particulars. A motion for a bill of
22particulars may be made before arraignment, within 90 days

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1after arraignment, or at any later time that the court permits.
2A bill of particulars may be amended at any time subject to
3conditions that justice requires.
4 Section 95. Title.
5 (a) At the time of seizure or entry of a restraining order,
6the State acquires provisional title to the seized property.
7Provisional title authorizes the State to hold and protect the
8property.
9 (b) Title to the property vests with the State when the
10trier of fact renders a final forfeiture verdict and relates
11back to the time when the State acquired provisional title.
12However, this title is subject to claims by third parties
13adjudicated under this Act.
14 Section 100. Storage. When property is seized, the State
15shall use reasonable diligence to secure the property and
16prevent waste.
17 Section 105. Records.
18 (a) A State entity having custody of seized property that
19is subject to forfeiture shall maintain the following records:
20 (1) the exact kinds, quantities, and forms of the
21 property;
22 (2) the date and from whom it received the property;
23 (3) the violation of law that subjected the property to

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1 seizure;
2 (4) the liens against the seized property;
3 (5) the make, model, and serial number of each seized
4 firearm;
5 (6) to whom and when the notice of forfeiture was
6 given;
7 (7) to whom it delivered the property; and (8) the date
8 and manner of destruction or disposition of the property.
9 (b) The records required under subsection (a) are subject
10to Section 7.5 of the Freedom of Information Act.
11 Section 110. Bond by Owner for possession.
12 (a) If the owner of property that has been seized seeks its
13possession before the criminal trial, the owner may post bond
14or give substitute property in an amount equal to the fair
15market value of the seized property at the time the bond amount
16is determined.
17 (b) On the posting of bond or the giving of substitute
18property, the State shall return the seized property to the
19owner within a reasonable period of time not to exceed 3
20business days. The forfeiture action may then proceed against
21the bond or substitute property as if it were the seized
22property.
23 (c) This Section does not apply to property reasonably held
24for investigatory purposes.

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1 Section 115. Petition for remission or mitigation. Prior to
2the entry of a court's order disposing of the forfeiture
3action, any person who has an interest in seized property may
4file with the state's attorney general a petition for remission
5or mitigation of the forfeiture. The Attorney General shall
6remit or mitigate the forfeiture upon terms and conditions the
7attorney general deems reasonable if the attorney general finds
8that:
9 (1) the petitioner did not intend to violate the law
10 or;
11 (2) extenuating circumstances justify the remission or
12 mitigation of the forfeiture.
13 Section 120. Pretrial replevin hearing.
14 (a) Following the seizure of property under this Act, a
15defendant or third-party has a right to a pretrial hearing to
16determine the validity of the seizure.
17 (b) The claimant may claim at any time prior to 60 days
18before trial of the related criminal violation the right to
19possession of property by motion to the court to issue a writ
20of replevin.
21 (c) The claimant shall file a motion establishing the
22validity of the alleged right, title, or interest in the
23property.
24 (d) The court shall hear the motion no more than 30 days
25after the motion is filed.

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1 (e) The State shall file an answer showing probable cause
2for the seizure, or cross-motions at least 10 days before the
3hearing.
4 (f) The court shall grant the motion if it finds that:
5 (1) it is likely the final judgment will be that the
6 State must return the property to the claimant, or
7 (2) the property is the only reasonable means for a
8 defendant to pay for legal representation in the forfeiture
9 or criminal proceeding.
10 (g) In lieu of ordering the issuance of the writ, the court
11may order the State to give security for satisfaction of any
12judgment, including damages, that may be rendered in the
13action, or order other relief as may be just.
14 Section 125. Discovery. Discovery is subject to the Code of
15Criminal Procedure of 1963.
16 Section 130. Right to trial by jury. Any party to a
17forfeiture action has a right to trial by jury.
18 Section 135. Trial proceedings.
19 (a) A trial related to the forfeiture of property must be
20held in a single proceeding together with the trial of the
21related alleged crime unless the defendant moves to bifurcate
22the trial.
23 (b) The court, upon motion of a defendant, shall separate

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1the trial of the criminal matter against the defendant from the
2matter related to the forfeiture of property.
3 (c) The court, upon motion of a defendant, shall allow a
4defendant to waive the right to trial by jury related to the
5forfeiture of property while preserving the right to trial by
6jury of any crime alleged.
7 (d) If the court bifurcates the jury trial, the court shall
8first instruct and submit to the jury the issue of the guilt or
9innocence of the defendant to be determined by proof beyond a
10reasonable doubt and shall restrict argument of counsel to
11those issues.
12 (e) If the court bifurcates the jury trial, each party may
13introduce evidence in the forfeiture phase that was not
14introduced in the criminal phase.
15 (f) If the jury finds a defendant guilty of the related
16criminal offense and the defendant did not waive the right to
17trial by jury related to the forfeiture, the court shall
18instruct and submit to the jury the issue of the forfeiture.
19The court may use interrogatories to address the forfeiture
20issue.
21 Section 140. Proportionality.
22 (a) Following determination by the trier of fact, the owner
23may petition the court to determine whether the forfeiture is
24unconstitutionally excessive under the State or U.S.
25Constitution.

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1 (b) The owner has the burden of establishing that the
2forfeiture is grossly disproportional to the seriousness of the
3offense by a preponderance of the evidence at a hearing
4conducted by the court without a jury.
5 (c) In determining whether the forfeiture of an
6instrumentality is constitutionally excessive, the court shall
7consider all relevant factors, including, but not limited to:
8 (1) the seriousness of the offense and its impact on
9 the community, including the duration of the activity and
10 the harm caused by the person whose property is subject to
11 forfeiture;
12 (2) the extent to which the person whose property is
13 subject to forfeiture participated in the offense;
14 (3) the extent to which the property was used in
15 committing the offense;
16 (4) the sentence imposed for committing the crime
17 subject to forfeiture; and
18 (5) whether the offense was completed or attempted.
19 (d) In determining the value of the instrumentality subject
20to forfeiture, the court shall consider relevant factors,
21including, but not limited to:
22 (1) the fair market value of the property;
23 (2) the value of the property to the person whose
24 property is subject to forfeiture including hardship to the
25 owner if the forfeiture is realized; and
26 (3) the hardship from the loss of a motor vehicle or

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1 other property to family members or others if the property
2 is forfeited assets.
3 (e) The court may not consider the value of the
4instrumentality to the State in determining whether the
5forfeiture of an instrumentality is constitutionally
6excessive.
7 Section 145. Secured interest.
8 (a) A bona fide security interest is not subject to
9forfeiture unless the person claiming a security interest had
10actual knowledge that the property was subject to forfeiture at
11the time of the property was seized or restrained under this
12Act.
13 (b) A person claiming a security interest bears the burden
14of establishing that the validity of the interest by a
15preponderance of the evidence.
16 Section 150. Ancillary hearing of third-party interests.
17 (a) A person not charged in the indictment or information
18but who has an interest in property subject to forfeiture may
19not intervene after the criminal trial has begun.
20 (b) Following the entry of a verdict of forfeiture of
21property pursuant to this Act or the entry of a guilty plea in
22court on the record, the State shall exercise reasonable
23diligence to identify persons with a potential interest in the
24property and make reasonable efforts to give notice to

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1potential claimants. The State shall provide written notice of
2its intent to dispose of the property to any person known or
3alleged to have an interest in the property exempted from
4forfeiture under this Act, including any person potentially
5making claims for:
6 (1) court-ordered child support;
7 (2) employment-related compensation; or
8 (3) payment of unsecured debts. The notice must also be
9 made by publication in a reasonable geographic area.
10 (c) A person other than the defendant asserting a legal
11interest in the property, within 60 days of the date of the
12notice, may petition the court for a hearing to adjudicate the
13validity of the alleged interest in the property. The request
14for the hearing must be signed by the petitioner under penalty
15of perjury and state the nature and extent of the petitioner's
16right, title, or interest in the property; the time and
17circumstances of the petitioner's acquisition of the right,
18title, or interest; and any additional facts supporting the
19petitioner's claim and the relief sought.
20 (d) Upon the filing of a petition, the court shall schedule
21the hearing as soon as practicable but in no event later than 6
22months after the sentencing of any defendant convicted upon the
23same indictment. The court shall issue or amend a final order
24of forfeiture in accordance with its determination if, after
25the hearing, the court determines that:
26 (1) the petitioner has a legal right, title, or

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1 interest in the property, and such right, title or interest
2 renders the order of forfeiture invalid in whole or in part
3 because the right, title or interest was vested in the
4 petitioner rather the defendant or was superior to any
5 right, title or interest of the defendant at the time of
6 the property was seized or restrained under this Act; or
7 (2) the petitioner is a bona fide purchaser for value
8 of the right, title, or interest in the property and was at
9 the time of purchase without cause to believe that the
10 property was subject to forfeiture under this Act. The
11 State has the burden of proof with respect to the issue of
12 whether the petitioner was without cause to believe that
13 the property was subject to forfeiture at the time of
14 purchase or other acquisition of value.
15 (e) A qualified indigent who wishes to contest the
16forfeiture of property and appears to have an exempt interest
17has a right to court-appointed counsel as provided in Section
1840. In addition, the court shall waive the person's court fees.
19 Section 155. Innocent partial or joint owner.
20 (a) The property of an innocent partial or joint owner may
21not be forfeited under any forfeiture statute. The process for
22determining whether a person is an innocent partial or joint
23owner is set out in this Section.
24 (b) A person who has any form of partial or joint interest,
25including joint tenancy, tenancy in common, or tenancy by the

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1entirety, in property subject to forfeiture existing at the
2time the illegal conduct giving rise to forfeiture occurred and
3who claims to be an innocent partial or joint owner shall make
4a prima facie case that the person has a legal right, title, or
5interest in the property seized or restrained under this Act.
6 (c) If subsection (b) is satisfied and the State seeks to
7proceed with the forfeiture against the person's ownership
8interest, the State shall prove by a preponderance of the
9evidence that the person had actual knowledge of the underlying
10crime giving rise to the forfeiture or was willfully blind to
11its commission.
12 (d) If subsection (c) is satisfied and the person seeks to
13establish the person's innocent owner status, the person shall
14show by a preponderance of the evidence that the person did all
15that reasonably could be expected under the circumstances to
16prohibit, abate, or terminate the illegal use of the property.
17The person may show that the person did all that reasonably
18could be expected by demonstrating, among other things, that
19the person, to the extent permitted by law:
20 (1) gave timely notice to an appropriate law
21 enforcement agency of information that led the person to
22 know the conduct giving rise to a forfeiture would occur or
23 had occurred; or
24 (2) in a timely fashion revoked or made a good-faith
25 attempt to revoke permission for those engaging in the
26 illegal conduct to use the property or took reasonable

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1 actions in consultation with a law enforcement agency to
2 discourage or prevent the illegal use of the property.
3 (3) A person is not required under this Section to take
4 steps that the person reasonably believes would be likely
5 to subject the person to physical danger.
6 (e) If subsection (d) is satisfied, the court shall find
7that the claimant was not a party to the crime and is an
8innocent partial or joint owner.
9 (f) A person who acquired an ownership interest in property
10after the commission of a crime giving rise to the forfeiture
11has occurred and who claims to be an innocent partial or joint
12owner, shall make a prima facie case that the person legal
13right, title, or interest in the property seized or restrained
14under this Act.
15 (g) If subsection (f) is satisfied and the State seeks to
16proceed with the forfeiture against the person's ownership
17interest, the State shall prove by a preponderance of the
18evidence that at the time the person acquired the property
19interest the person had actual knowledge that the property was
20subject to forfeiture or was willfully blind to the commission
21of the crime that subjected the property to forfeiture.
22 (h) If the State fails to meet its burden in subsection
23(g), the court shall find that the person was not a party to
24the crime and is an innocent partial or joint owner.
25 (i) An otherwise valid claim under subsection (f) may not
26be denied on the grounds that the person gave nothing of value

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1in exchange for the property if:
2 (1) the property is the person's primary residence;
3 (2) depriving the person of the property would deprive
4 the person of the means to maintain reasonable shelter in
5 the community for the person and all dependents residing
6 with the person;
7 (3) the property is not, and is not traceable to, the
8 proceeds of any criminal offense; and
9 (4) the person acquired interest in the property
10 through marriage, divorce, or legal separation, or the
11 person was the spouse or legal dependent of someone whose
12 death resulted in the transfer of the property to the
13 person through inheritance or probate, except that the
14 court shall limit the value of any real property interest
15 for which innocent ownership is recognized under this
16 Section to the value necessary to maintain reasonable
17 shelter in the community for the person and all dependents
18 residing with the person.
19 (j) If the innocent joint or partial owner's claim is
20established under this Section, the State shall relinquish all
21claims of title to the property that may have vested with it.
22 (k) If the court determines that an innocent joint or
23partial owner has any form of partial or joint interest in a
24conveyance subject to forfeiture related to operating a
25conveyance while impaired, the court may order that the
26innocent joint or partial owner participate in the ignition

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1interlock device program under State law as a condition of
2ordering the device be returned to the innocent owner.
3 (l) If the court determines that an innocent joint or
4partial owner has any form of partial or joint interest in
5property, other than property described in subsection (k), the
6court shall enter an appropriate order reflecting the innocent
7owner's preference for:
8 (1) severing the property;
9 (2) transferring the property to the State with a
10 provision that the State compensate the innocent owner to
11 the extent of the owner's ownership interest once a final
12 order of forfeiture has been entered and the property has
13 been reduced to liquid assets; or
14 (3) permitting the innocent owner to retain the
15 property subject to a lien in favor of the State to the
16 extent of the forfeitable interest in the property.
17 Section 160. Sale of property. If a trier of fact finds
18that property is to be forfeited, the court shall order the
19State to:
20 (1) return stolen property to its owner;
21 (2) sell all other firearms, ammunition and firearm
22 accessories to licensed firearms dealers in a commercially
23 reasonable manner;
24 (3) sell other property in a commercially reasonable
25 manner.

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1 Section 165. Prohibition on retaining property; sale
2restrictions. The law enforcement agency that seized property
3forfeited under this Act may not retain it for its own use or
4sell it directly or indirectly to any employee of the agency,
5to a person related to an employee by blood or marriage, or to
6another law enforcement agency.
7 Section 170. Disposition of proceeds.
8 (a) Proceeds seized and proceeds from the sale of forfeited
9assets may be distributed only following a court order. The
10court shall order the funds be used to pay, in order of
11priority, for the following purposes:
12 (1) storage and sale expenses;
13 (2) satisfaction of valid liens against the property;
14 (3) restitution ordered to the victim of the criminal
15 offense;
16 (4) reimbursement of investigation costs excluding
17 salaries that the law enforcement agency incurred in the
18 seizure of the assets subject to the forfeiture action;
19 (5) court-ordered child support obligations;
20 (6) claims for compensation by the defendant's
21 employees; and
22 (7) claims for compensation by defendant's unsecured
23 creditors.
24 (b) All remaining funds must be deposited into the State's

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1treasury and credited to the general fund.
2 Section 175. Reporting.
3 (a) For each forfeiture action occurring in the State
4regardless of the authority for it, the participating law
5enforcement agency and prosecutor shall provide a written
6record of the forfeiture incident to the State reporting
7agency.
8 (b) The record must include the amount forfeited, the
9underlying crime or conduct, its date, and whether the property
10had a lien against it. The record must also list the number of
11firearms forfeited and the make, model, and serial number of
12each firearm forfeited. The record must indicate how the
13property was disposed.
14 (c) The law enforcement agency and the prosecutor shall
15report to the State reporting agency all instances in which
16property seized for forfeiture is returned to its owner either
17because forfeiture is not pursued or for any other reason.
18 (d) For forfeitures resulting from the activities of
19multi-jurisdictional law enforcement entities, each entity on
20its own behalf shall report the information required in this
21Section.
22 (e) The State reporting agency may require information not
23specified in this Section to be reported as well.
24 (f) Reports must be made on a monthly basis in a manner
25prescribed by the State reporting agency.

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1 (g) The State reporting agency shall report annually to the
2legislature and the public on the nature and extent of
3forfeitures.
4 (h) The State reporting agency shall include in its report
5required under subsection(g) recommended changes to forfeiture
6law to better ensure that forfeiture proceedings are handled in
7a manner that is fair to innocent property owners, secured
8interest holders, citizens, and taxpayers.
9 (i) The State reporting agency shall include in its report
10required under subsection (g) information on law enforcement
11agencies and prosecutorial offices not in compliance with this
12Section and shall order the State to withhold payment of any
13funds to those agencies and offices until compliance is
14achieved.
15 Section 180. Disposing of property of a person deported.
16 (a) This Section covers procedures for disposing of
17property when the owner is deported from the United States to a
18foreign country.
19 (b) If the owner of property is deported after
20 (1) being convicted of a violation of a state law that
21 is subject to forfeiture; and
22 (2) the property is found to be an instrumentality or
23 proceeds of the violation of that state law, the court
24 shall enter an order disposing of the property in
25 accordance with Sections 160, 165, and 170.

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1 (c) If the owner of property is deported but
2 (1) the owner is not convicted of violating a state law
3 that is subject to forfeiture; or
4 (2) the property is not found to be an instrumentality
5 or proceeds from the violation of a state law subject to
6 forfeiture for which the owner of the property is
7 convicted, the property shall be returned to the next of
8 kin of the person deported.
9 (d) If the next of kin is not known or refuses the
10property, the State shall exercise reasonable diligence to
11identify persons with a potential interest in the property and
12make reasonable efforts to give notice to potential claimants.
13The State shall provide written notice to persons known or
14alleged to have an interest in the property including other
15family members and any person potentially making claims for
16court-ordered child support, employment-related compensation,
17or payment of debts. The notice must also be made by
18publication in a reasonable geographic area.
19 (e) If no claim is made within 60 days of the notice's
20publication date, the court shall enter an order disposing of
21the property in accordance with Sections 160, 165, and 170.
22 (f) A person wanting to assert a legal claim to the
23property shall, within 60 days of the date of the applicable
24notice in (D), petition the court for a hearing to adjudicate
25the validity of the alleged interest in the property. The
26petition for the hearing must be signed by the claimant under

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1penalty of perjury. It must state the nature and extent of the
2claimant's right, title, or interest in the property; the time
3and circumstances of the claimant's acquisition of the right,
4title, or interest; and any additional facts supporting the
5claim and the relief sought.
6 (g) The court shall schedule a hearing as soon as
7practicable to determine if the claimant has a legal right,
8title or interest in the property or is a bona fide purchaser
9for value of the legal right, title or interest in the
10property.
11 Section 185. Return of property, damages, and costs.
12 (a) The State shall return property to the owner within a
13reasonable period of time not to exceed 3 business days after a
14court finds that:
15 (1) the owner had a bona fide security interest;
16 (2) the owner was an innocent owner;
17 (3) charges against the owner were dismissed; or
18 (4) the owner was found not guilty of the criminal
19 charge that is the basis for the forfeiture action.
20 (b) If property returned under subsection (a) has been
21damaged, the owner may make a claim in small claims court or
22court for the damages to the seized property against the agency
23that seized the property.
24 (c) The State is responsible for any storage fees and
25related costs applicable to property returned under subsection

HB0468- 25 -LRB100 04691 SLF 14697 b
1(a).
2 Section 190. Penalty for violations.
3 (a) Any person acting under color of law, official title,
4or position who takes any action intending to conceal,
5transfer, withhold, retain, divert, or otherwise prevent any
6proceeds, conveyances, real property, or any things of value
7forfeited under the law of the State or the United States from
8being applied, deposited, used, or returned to the owner in
9accordance with this Act is subject to a civil penalty in an
10amount of three times the value of the forfeited property
11concealed, transferred, withheld, retained, or diverted.
12 (b) Any taxpayer to the State has standing to challenge in
13court any action contrary to this Act.
14 Section 195. Interaction with Federal Government.
15 (a) No unit of State government may transfer a criminal
16investigation or proceeding to the federal government to
17circumvent State forfeiture law.
18 (b) For a State government unit to transfer a criminal
19investigation or proceeding that includes forfeiture to the
20federal government, a State court shall affirmatively find
21that:
22 (1) the suspected criminal activity giving rise to the
23 forfeiture is interstate in nature and sufficiently
24 complex to justify the transfer; or

HB0468- 26 -LRB100 04691 SLF 14697 b
1 (2) the seized property is forfeitable only as a
2 violation of federal law.
3 (c) All funds paid by the federal government must be
4deposited into the State's treasury. The State shall credit:
5 (1) the State government unit involved with the federal
6 government sufficiently to reimburse it for investigation
7 costs, excluding salaries, that the State government unit
8 incurred related to the seizure of the assets subject to
9 the forfeiture action; and
10 (2) the remainder to the general fund.
11 (d) No unit of State government may accept from the federal
12government any instrumentality or payment of proceeds not
13permitted by subsection (c).
14 (e) The State government unit shall report all transfers to
15the federal government of an investigation or criminal
16proceeding that involves forfeiture per the reporting
17requirements in Section 175.
18 (f) Any taxpayer has standing to challenge in court the
19receipt of any proceeds or instrumentality by a State
20government unit from the federal government contrary to
21subsections (c) and (d).
22 Section 200. Attorneys' fees. In any forfeiture proceeding
23under this Act in which the claimant prevails, the State is
24liable for:
25 (1) reasonable attorney fees and other litigation

HB0468- 27 -LRB100 04691 SLF 14697 b
1 costs reasonably incurred by the claimant;
2 (2) post judgment interest; and
3 (3) in cases involving currency, other negotiable
4 instruments, or the proceeds of an interlocutory sale:
5 (A) interest actually paid to the State from the
6 date of seizure of the property that resulted from the
7 investment of the property in an interest-bearing
8 account or instrument; and
9 (B) an imputed amount of interest that the
10 currency, instruments, or proceeds would have earned
11 at the rate applicable to the 30-day U.S. Treasury
12 Bill, for any period during which no interest was paid
13 (not including any period when the property reasonably
14 was in use as evidence in an official proceeding or in
15 conducting scientific tests for the purpose of
16 collecting evidence), commencing 15 days after the
17 property was seized by a law enforcement agency.
18 Section 1005. The Freedom of Information Act is amended by
19changing Section 7.5 as follows:
20 (5 ILCS 140/7.5)
21 Sec. 7.5. Statutory exemptions. To the extent provided for
22by the statutes referenced below, the following shall be exempt
23from inspection and copying:
24 (a) All information determined to be confidential

HB0468- 28 -LRB100 04691 SLF 14697 b
1 under Section 4002 of the Technology Advancement and
2 Development Act.
3 (b) Library circulation and order records identifying
4 library users with specific materials under the Library
5 Records Confidentiality Act.
6 (c) Applications, related documents, and medical
7 records received by the Experimental Organ Transplantation
8 Procedures Board and any and all documents or other records
9 prepared by the Experimental Organ Transplantation
10 Procedures Board or its staff relating to applications it
11 has received.
12 (d) Information and records held by the Department of
13 Public Health and its authorized representatives relating
14 to known or suspected cases of sexually transmissible
15 disease or any information the disclosure of which is
16 restricted under the Illinois Sexually Transmissible
17 Disease Control Act.
18 (e) Information the disclosure of which is exempted
19 under Section 30 of the Radon Industry Licensing Act.
20 (f) Firm performance evaluations under Section 55 of
21 the Architectural, Engineering, and Land Surveying
22 Qualifications Based Selection Act.
23 (g) Information the disclosure of which is restricted
24 and exempted under Section 50 of the Illinois Prepaid
25 Tuition Act.
26 (h) Information the disclosure of which is exempted

HB0468- 29 -LRB100 04691 SLF 14697 b
1 under the State Officials and Employees Ethics Act, and
2 records of any lawfully created State or local inspector
3 general's office that would be exempt if created or
4 obtained by an Executive Inspector General's office under
5 that Act.
6 (i) Information contained in a local emergency energy
7 plan submitted to a municipality in accordance with a local
8 emergency energy plan ordinance that is adopted under
9 Section 11-21.5-5 of the Illinois Municipal Code.
10 (j) Information and data concerning the distribution
11 of surcharge moneys collected and remitted by wireless
12 carriers under the Wireless Emergency Telephone Safety
13 Act.
14 (k) Law enforcement officer identification information
15 or driver identification information compiled by a law
16 enforcement agency or the Department of Transportation
17 under Section 11-212 of the Illinois Vehicle Code.
18 (l) Records and information provided to a residential
19 health care facility resident sexual assault and death
20 review team or the Executive Council under the Abuse
21 Prevention Review Team Act.
22 (m) Information provided to the predatory lending
23 database created pursuant to Article 3 of the Residential
24 Real Property Disclosure Act, except to the extent
25 authorized under that Article.
26 (n) Defense budgets and petitions for certification of

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

HB0468- 31 -LRB100 04691 SLF 14697 b
1 or deidentified health information in the form of health
2 data and medical records of the Illinois Health Information
3 Exchange in the possession of the Illinois Health
4 Information Exchange Authority due to its administration
5 of the Illinois Health Information Exchange. The terms
6 "identified" and "deidentified" shall be given the same
7 meaning as in the Health Insurance Portability and
8 Accountability Act of 1996, Public Law 104-191, or any
9 subsequent amendments thereto, and any regulations
10 promulgated thereunder.
11 (u) Records and information provided to an independent
12 team of experts under Brian's Law.
13 (v) Names and information of people who have applied
14 for or received Firearm Owner's Identification Cards under
15 the Firearm Owners Identification Card Act or applied for
16 or received a concealed carry license under the Firearm
17 Concealed Carry Act, unless otherwise authorized by the
18 Firearm Concealed Carry Act; and databases under the
19 Firearm Concealed Carry Act, records of the Concealed Carry
20 Licensing Review Board under the Firearm Concealed Carry
21 Act, and law enforcement agency objections under the
22 Firearm Concealed Carry Act.
23 (w) Personally identifiable information which is
24 exempted from disclosure under subsection (g) of Section
25 19.1 of the Toll Highway Act.
26 (x) Information which is exempted from disclosure

HB0468- 32 -LRB100 04691 SLF 14697 b
1 under Section 5-1014.3 of the Counties Code or Section
2 8-11-21 of the Illinois Municipal Code.
3 (y) Confidential information under the Adult
4 Protective Services Act and its predecessor enabling
5 statute, the Elder Abuse and Neglect Act, including
6 information about the identity and administrative finding
7 against any caregiver of a verified and substantiated
8 decision of abuse, neglect, or financial exploitation of an
9 eligible adult maintained in the Registry established
10 under Section 7.5 of the Adult Protective Services Act.
11 (z) Records and information provided to a fatality
12 review team or the Illinois Fatality Review Team Advisory
13 Council under Section 15 of the Adult Protective Services
14 Act.
15 (aa) Information which is exempted from disclosure
16 under Section 2.37 of the Wildlife Code.
17 (bb) Information which is or was prohibited from
18 disclosure by the Juvenile Court Act of 1987.
19 (cc) Recordings made under the Law Enforcement
20 Officer-Worn Body Camera Act, except to the extent
21 authorized under that Act.
22 (dd) Information that is prohibited from being
23 disclosed under Section 45 of the Condominium and Common
24 Interest Community Ombudsperson Act.
25 (ee) (dd) Information that is exempted from disclosure
26 under Section 30.1 of the Pharmacy Practice Act.

HB0468- 33 -LRB100 04691 SLF 14697 b
1 (ff) Records maintained under Section 105 of the Asset
2 Forfeiture Process and Private Property Protection Act.
3(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
4eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
599-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
699-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
78-19-16; revised 9-1-16.)
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