Bill Text: IL HB1144 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Drug Asset Forfeiture Procedure Act. Makes a technical change in a Section concerning a legislative declaration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB1144 Detail]

Download: Illinois-2021-HB1144-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1144 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
725 ILCS 150/2 from Ch. 56 1/2, par. 1672
Amends the Drug Asset Forfeiture Procedure Act. Makes a technical change in a Section concerning a legislative declaration.
LRB102 03159 RLC 13172 b
A BILL FOR
HB1144 LRB102 03159 RLC 13172 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 2 as follows:
(725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)
Sec. 2. Legislative Declaration. The The General Assembly
finds that the civil forfeiture of property which is used or
intended to be used in, is attributable to or facilitates the
manufacture, sale, transportation, distribution, possession or
use of substances in certain violations of the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act will have
a significant beneficial effect in deterring the rising
incidence of the abuse and trafficking of such substances
within this State. While forfeiture may secure for State and
local units of government some resources for deterring drug
abuse and drug trafficking, forfeiture is not intended to be
an alternative means of funding the administration of criminal
justice. The General Assembly further finds that the federal
narcotics civil forfeiture statute upon which this Act is
based has been very successful in deterring the use and
distribution of controlled substances within this State and

HB1144 - 2 - LRB102 03159 RLC 13172 b
throughout the country. It is therefore the intent of the
General Assembly that the forfeiture provisions of this Act be
construed in light of the federal forfeiture provisions
contained in 21 U.S.C. 881 as interpreted by the federal
courts, except to the extent that the provisions of this Act
expressly differ therefrom.
(Source: P.A. 94-556, eff. 9-11-05.)