Bill Text: IL HB1717 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Seizure and Forfeiture Reporting Act of 2025. Provides that the Illinois Criminal Justice Information Authority shall establish and maintain a case tracking system and searchable public website that includes information about property seized and forfeited under State law and under any agreement with the federal government. Provides that it shall assign the responsibility to report each element to relevant agencies. Provides that the Authority shall also establish and maintain a searchable public website that includes the total amount of funds expended, in specified categories, which resulted from property seized, forfeited, and reported and the total value of seized and forfeited property held by the agency at the end of the reporting period. Provides that the Authority shall not require or disclose: (1) the names, addresses, contact information, or other personally identifying information of owners, other persons, or business entities or (2) the street addresses, vehicle identification number, or serial number of any conveyance. Provides that agencies that fully comply with reporting requirements within the designated timeframe shall be eligible for State recognition and additional funding opportunities through the Authority. Provides that the Authority shall make no disbursement of forfeiture proceeds to an agency or department unless the agency or department meets its reporting obligation. Provides that the Act is effective for the reporting period starting January 1, 2027. Creates the Criminal Forfeiture Process Act. Provides that the Act applies to the seizure and forfeiture of property used in and derived directly from specified crimes. Provides that for property to be forfeited before conviction, the State must demonstrate by clear and convincing evidence that the property is directly linked to the criminal offense, and that immediate seizure is necessary to prevent its loss, destruction, or further use in criminal activity. Repeals the Seizure and Forfeiture Reporting Act, the Drug Asset Forfeiture Procedure Act, and the Forfeiture Article of the Code of Criminal Procedure of 1963. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-28 - Referred to Rules Committee [HB1717 Detail]

Download: Illinois-2025-HB1717-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1717 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
See Index
Creates the Seizure and Forfeiture Reporting Act of 2025. Provides that the Illinois Criminal Justice Information Authority shall establish and maintain a case tracking system and searchable public website that includes information about property seized and forfeited under State law and under any agreement with the federal government. Provides that it shall assign the responsibility to report each element to relevant agencies. Provides that the Authority shall also establish and maintain a searchable public website that includes the total amount of funds expended, in specified categories, which resulted from property seized, forfeited, and reported and the total value of seized and forfeited property held by the agency at the end of the reporting period. Provides that the Authority shall not require or disclose: (1) the names, addresses, contact information, or other personally identifying information of owners, other persons, or business entities or (2) the street addresses, vehicle identification number, or serial number of any conveyance. Provides that agencies that fully comply with reporting requirements within the designated timeframe shall be eligible for State recognition and additional funding opportunities through the Authority. Provides that the Authority shall make no disbursement of forfeiture proceeds to an agency or department unless the agency or department meets its reporting obligation. Provides that the Act is effective for the reporting period starting January 1, 2027. Creates the Criminal Forfeiture Process Act. Provides that the Act applies to the seizure and forfeiture of property used in and derived directly from specified crimes. Provides that for property to be forfeited before conviction, the State must demonstrate by clear and convincing evidence that the property is directly linked to the criminal offense, and that immediate seizure is necessary to prevent its loss, destruction, or further use in criminal activity. Repeals the Seizure and Forfeiture Reporting Act, the Drug Asset Forfeiture Procedure Act, and the Forfeiture Article of the Code of Criminal Procedure of 1963. Amends various other Acts to make conforming changes.
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A BILL FOR
HB1717 LRB104 05515 RLC 17325 b
AN ACT concerning criminal forfeiture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1-1. Short title. This Article may be cited as the
Seizure and Forfeiture Reporting Act of 2025. References in
this Article to "this Act" mean this Article.
Section 1-5. Purpose. Under State and federal forfeiture
laws, State law enforcement agencies can seize money,
vehicles, and other property. Prosecutors then litigate the
forfeiture of those assets. If successful, prosecutors then
have the assets sold. In most states, the proceeds may be used
to supplement the budgets of law enforcement agencies and
prosecutors' offices. It is the responsibility of the General
Assembly to monitor seizures and forfeitures. This Act
provides the General Assembly with the information necessary
for oversight of seizures and forfeitures under State and
federal laws.
Section 1-10. Definition of law enforcement agency. In
this Act:
"Law enforcement agency" means any police force,

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multi-jurisdictional task force, prosecuting attorney, fire
department, or other municipal, county, or State agency that:
(1) has authority under State law; or
(2) collaborates with a federal agency under federal
law to seize or forfeit property.
Section 1-15. Applicability. This Act applies to property
seized and forfeited under:
(1) The Criminal Code of 2012:
(A) Section 36-1 (forfeiture of vessels, watercraft,
vehicles, and aircraft).
(B) Section 10-9 (involuntary servitude; involuntary
servitude of a minor; or trafficking in persons).
(C) Subdivision (a)(1) or (a)(4) of Section 11-14.4
(promoting juvenile prostitution).
(D) A second or subsequent violation of Section 11-20
(obscenity).
(E) Section 11-20.1 (child pornography).
(F) Section 11-23.5 (non-consensual dissemination of
private sexual images).
(G) Section 12C-65 (unlawful transfer of a
telecommunications device to a minor).
(H) Section 17-50 (computer fraud).
(I) A felony violation of Section 17-6.3 (WIC fraud).
(J) A felony violation of Section 48-1 of the Criminal
Code of 2012 (dog fighting).

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(K) Article 29D (terrorism).
(2) The Humane Care for Animals Act:
A felony violation of Section 4.01 (animals in
entertainment).
(3) The Illinois Controlled Substances Act, the Cannabis
Control Act, the Compassionate Use of Medical Cannabis Program
Act, the Cannabis Regulation and Tax Act, the Illinois Food,
Drug and Cosmetic Act, and the Methamphetamine Control and
Community Protection Act.
(4) Any other Section in the Criminal Code of 2012 that
authorizes a law enforcement agency to seize property that is
used in the commission of a criminal offense.
Section 1-20. Case tracking system and searchable public
website. The Illinois Criminal Justice Information Authority
shall establish and maintain a case tracking system and
searchable public website that includes the following
information about property seized and forfeited under State
law and under any agreement with the federal government. It
shall assign the responsibility to report each element to
relevant agencies. If forfeiture is sought under federal law,
answers to questions 12 through 26 may not be available
readily and may be skipped:
(1) name of the law enforcement agency that seized the
property or the name of the lead agency, if the property is
seized by a multi-jurisdictional task force;

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(2) date of the seizure;
(3) type of property seized. Currency or, if property
other than currency, a description of property seized
including make, model, and year. Reporting is not required
of seized contraband including alcohol, drug
paraphernalia, and controlled substances;
(4) place of seizure: home, business, or traffic stop;
(5) if a traffic stop on an interstate or State
highway, the direction of the traffic flow: eastbound,
westbound, southbound, or northbound;
(6) estimated value of the seizure;
(7) criminal offense alleged that led to the seizure
(include whether under State or federal law);
(8) crime for which suspect was charged (include
whether under State or federal law);
(9) criminal case number and court in which the case
was filed;
(10) the outcome of suspect's criminal case: no charge
was filed, charges dropped, acquittal, plea agreement,
jury conviction, or other;
(11) whether forfeiture is sought under federal law:
(yes or no);
(12) if forfeiture is sought under federal law, did a
joint State-federal task force make the seizure of
property? (yes or no);
(13) if forfeiture is sought under federal law, did a

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federal government adopt the seizure that a State or
municipal agency made without a federal agency's
involvement in the seizure? (yes or no);
(14) forfeiture case number and court in which the
case was filed;
(15) if a property owner filed a claim or
counterclaim, who by: the suspect, innocent owner,
creditor, or other owner;
(16) type of forfeiture process: civil-administrative,
civil-judicial, or criminal;
(17) whether the property owner defaulted in the
forfeiture litigation: (yes or no);
(18) whether there was a forfeiture settlement
agreement: (yes or no);
(19) date of forfeiture order;
(20) property disposition: returned to owner,
partially returned to owner, sold, destroyed, retained by
a law enforcement agency, or pending disposition;
(21) date of property disposition;
(22) total value of property forfeited under State law
including currency, proceeds from sale of non-currency
property, and distributions received from the federal
government (excluding the value of contraband);
(23) market value of property forfeited under State
law that was retained, destroyed, or donated (excluding
the value of contraband);

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(24) estimate of total costs to the agency (i) to
store property in impound lots or evidence rooms, (ii) to
pay for law enforcement personnel and prosecutors' time
and expenses to litigate forfeiture cases and (iii) to
sell or dispose of forfeited property;
(25) amount of the attorney's fees awarded to property
owners; and
(26) if any property was retained by a law enforcement
agency, the purpose for which it is used.
Section 1-25. Searchable public website.
The Illinois Criminal Justice Information Authority shall
also establish and maintain a searchable public website that
includes:
(a) The total amount of funds expended, in each of the
following 10 categories, which resulted from property seized,
forfeited, and reported in Section 1-20:
(1) substance use disorder, crime, and gang prevention
and other community programs;
(2) victim reparations;
(3) investigation costs, including controlled buys,
forensics, informant fees, and witness protection;
(4) expenses related to seized property including
storage, maintenance, repairs, and return of seized
property;
(5) expenses related to forfeiture litigation

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including court fees and expenses related to auditing,
discovery, court reporters, printing, postage, filing,
witness, outside counsel, and attorney's fees awarded to
opposing counsel;
(6) government personnel costs, including salaries,
overtime, and benefits, as permitted by law;
(7) government travel and training including
conferences, continuing education, entertainment, and
meals;
(8) government administrative and operating expenses
including office supplies, postage, printing, utilities,
and repairs and maintenance of vehicles and other
equipment;
(9) government capital expenditures including
appliances, canines, computers, equipment, firearms,
furniture, and vehicles; and
(10) an itemized list of other expenditures of
forfeiture proceeds, including payments to trade
associations and lobbyists, and transfer to other
agencies.
(b) The total value of seized and forfeited property held
by the agency at the end of the reporting period.
(c) The public website must include a user-friendly
complaint portal for individuals to report concerns or provide
feedback regarding improper seizures, with a clear process for
resolution.

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Section 1-30. Exemption from disclosure. The Illinois
Criminal Justice Information Authority shall not require or
disclose:
(1) the names, addresses, contact information, or
other personally identifying information of owners, other
persons, or business entities; or
(2) the street addresses, vehicle identification
number, or serial number of any conveyance.
Section 1-35. Delay of reporting. A law enforcement agency
may delay the reporting of a particular asset if the asset was
seized from a confidential informant under the agency's
confidential informant policy. The delay may continue for as
long as the confidential informant cooperates with the agency,
after which the agency shall report the asset as required by
Section 1-20.
Section 1-40. Law enforcement agencies that seizes
property; prosecutors; update of website. The law enforcement
agency that seizes property and prosecutors that litigate
related criminal cases and forfeiture proceedings shall update
the Illinois Criminal Justice Information Authority's website
with the information required under Section 1-20 per a
schedule that the Illinois Criminal Justice Information
Authority establishes. The commander of a multi-jurisdictional

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task force may appoint one agency to report its seizures. If an
agency has made no seizures during the previous year, a null
report shall be filed by the agency specifying that it did not
engage in seizures or forfeitures under this title during the
reporting period.
Section 1-45. Law enforcement agencies that expend
forfeiture-related proceeds; update of website. The law
enforcement agency that expends forfeiture-related proceeds
shall update the Illinois Criminal Justice Information
Authority's website with the information required under
Section 1-25 within 30 days after the end of the fiscal year.
The commander of a multi-jurisdictional task force may appoint
one agency to report its expenditures.
Section 1-50. Report to Speaker of the House of
Representatives, President of the Senate, Attorney General,
and Governor. The Illinois Criminal Justice Information
Authority, 120 days after the close of the fiscal year, shall
submit to the Speaker of the House of Representatives,
President of the Senate, the Attorney General, and the
Governor a written report summarizing activity in the State,
for the preceding fiscal year, the type, approximate value,
and disposition of the property seized and the amount of any
proceeds received or expended at the State and local levels.
The report shall provide a categorized accounting of all

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proceeds expended. Summary data on seizures, forfeitures, and
expenditures of forfeiture proceeds shall be disaggregated by
agency. The aggregate report shall also be made available on
the Illinois Criminal Justice Information Authority's website.
Section 1-55. Recommendations to improve statutes, rules,
and policies. The Illinois Criminal Justice Information
Authority may include in its aggregate report required by
Section 1-40 recommendations to improve statutes, rules, and
policies to better ensure that seizure, forfeiture, and
expenditures are done and reported in a manner that is fair to
crime victims, innocent property owners, secured interest
holders, citizens, law enforcement, and taxpayers.
Section 1-60. Failure of law enforcement agency to file
report. Agencies that fully comply with reporting requirements
within the designated timeframe shall be eligible for State
recognition and additional funding opportunities through the
Illinois Criminal Justice Information Authority.
Section 1-65. No disbursement of forfeiture proceeds to
law enforcement agencies unless reporting obligations met. The
Illinois Criminal Justice Information Authority shall make no
disbursement of forfeiture proceeds to an agency or department
unless the agency or department meets its reporting
obligation.

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Section 1-70. Fiscal audit. At the request of an elected
official, the Auditor General shall perform annually a
financial audit under the generally accepted government
auditing standards of records submitted to the Illinois
Criminal Justice Information Authority related to inventory of
seized property and expenditures of forfeiture proceeds. A
copy of the final audit report shall be submitted to the
Illinois Criminal Justice Information Authority no later than
90 days after the end of the fiscal year and shall be made
public.
Section 1-75. Recoupment of costs. The Illinois Criminal
Justice Information Authority may recoup its costs under this
Act by charging a fee to the law enforcement agency filing a
report. The agency may use forfeiture proceeds to pay the
costs of compiling and reporting data under this Act, and to
pay any fees imposed by the Illinois Criminal Justice
Information Authority. The Illinois Criminal Justice
Information Authority shall establish a grant program to
provide financial assistance to small or underfunded law
enforcement agencies to help meet the reporting and compliance
requirements under this Act.
Section 1-80. Rules. The Illinois Criminal Justice
Information Authority may adopt rules necessary to implement

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this Act.
Section 1-85. Public information. The data and reports
compiled and prepared under this Act are public information
under the Freedom of Information Act. They are not exempted
from disclosure by Section 7.5 of the Freedom of Information
Act.
Section 1-90. Reporting period. This Act is operative for
the reporting period starting January 1, 2027.
Article 5.
Section 5-1. Short title. This Article may be cited as the
Criminal Forfeiture Process Act. References in this Article to
"this Act" mean this Article.
Section 5-5. Application. This Act applies to property
seized and forfeited under the following laws:
(1) the Criminal Code of 2012:
(A) Section 36-1 (forfeiture of vessels, watercraft,
vehicles, and aircraft).
(B) Section 10-9 (involuntary servitude; involuntary
servitude of a minor; or trafficking in persons).
(C) Subdivision (a)(1) or (a)(4) of Section 11-14.4
(promoting juvenile prostitution).

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(D) A second or subsequent violation of Section 11-20
(obscenity).
(E) Section 11-20.1 (child pornography).
(F) Section 11-23.5 (non-consensual dissemination of
private sexual images).
(G) Section 12C-65 (unlawful transfer of a
telecommunications device to a minor).
(H) Section 17-50 (computer fraud).
(I) A felony violation of Section 17-6.3 (WIC fraud).
(J) A felony violation of Section 48-1 of the Criminal
Code of 2012 (dog fighting).
(K) Article 29D (terrorism).
(2) the Humane Care for Animals Act:
A felony violation of Section 4.01 (animals in
entertainment).
(3) the Illinois Controlled Substances Act, the Cannabis
Control Act, the Compassionate Use of Medical Cannabis Program
Act, the Cannabis Regulation and Tax Act, the Illinois Food,
Drug and Cosmetic Act, the Methamphetamine Control and
Community Protection Act, and the Narcotics Profit Forfeiture
Act.
(4) Any other Section in the Criminal Code of 2012 that
authorizes a law enforcement agency to seize property that is
used in the commission of a criminal offense.
Section 5-10. Definitions. In this Act:

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"Abandoned property" means personal property to which a
possessor relinquishes all rights of ownership or control.
Real property may not be abandoned.
"Actual knowledge" means direct and clear awareness of
information, a fact, or a condition.
"Contraband" means goods that, in themselves, are unlawful
to possess, including scheduled drugs without a lawful
prescription and a firearm that is illegal to possess.
"Conveyance" means a device used for transportation. It
includes a motor vehicle, trailer, snowmobile, airplane,
vessel, or any equipment attached to one of these devices. The
term does not include property that is stolen in violation of
the law.
"Innocent owner" means an owner, co-owner, defendant's
heir, or a person who regularly uses property subject to
forfeiture who does not have actual knowledge of the use of the
property in a crime that authorizes the forfeiture of the
property. The term does not include the defendant or a secured
interest holder.
"Instrumentality" means property otherwise lawful to
possess that is used in a crime that authorizes the forfeiture
of property. It includes land, buildings, containers,
conveyances, equipment, materials, products, tools, computers,
computer software, telecommunications devices, firearms,
ammunition, and ammunition-and-firearm accessories.
"Law enforcement agency" means any non-federal police

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force, or other local, county, or State agency that has the
authority under State law to engage in seizure and forfeiture.
"Personal property" means a movable object or intangible
asset of value that is subject to ownership and is not real
property or proceeds.
"Proceeds" means United States currency, currency of
another nation, digital and cryptocurrency, securities,
negotiable instruments, or other means of exchange obtained
from the sale of property or contraband.
"Prosecuting attorney" means a municipal attorney, State's
Attorney, Attorney General, or other government official
legally authorized to prosecute crime.
"Public defender" means any office of public defender
created under Division 3-4 of the Counties Code.
"Real property" includes immovable property, real estate
and realty, including land and anything growing on, attached
to, or erected on land, including a building.
"Secured interest holder" means a person who is a secured
creditor, mortgagee, lienholder, or other person who has a
valid claim, security interest, mortgage, lien, leasehold, or
other interest in the property subject to forfeiture. The term
does not include the defendant or an innocent owner.
Section 5-15. Purpose. Forfeiture is disfavored. The
purpose of this Act is to:
(1) deter crime by reducing its economic incentives;

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(2) confiscate property used in the violation of the
law;
(3) disgorge the fruit of illegal conduct; and
(4) protect the due process rights of property owners.
Section 5-20. Jurisdiction.
(a) There shall be no civil forfeiture under this Act.
(b) The court that has jurisdiction in the related
criminal case shall have jurisdiction in the forfeiture
proceeding under this Act.
(c) The forfeiture proceeding shall be part of the
prosecution of the related crime. It shall follow a finding of
the defendant's guilt or be conducted at the court's
discretion. It shall be conducted by the court without a jury.
(d) All forfeiture-related motions shall be filed in the
circuit court that has jurisdiction of the criminal case at
the time of filing.
(e) If an initial court bounds over or transfers the
criminal case to another court, the initial court shall
transfer the forfeiture-related motions along with the
criminal case to the other court. At its discretion, the
initial court may postpone a forfeiture-related hearing and
bound over a forfeiture-related motion to another court in the
interests of justice and efficient use of judicial resources.
Section 5-25. Seizure of proceeds and personal property

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with process. At the request of the State, the court may issue
an ex parte order to search, attach, seize, or secure proceeds
and personal property for which forfeiture is sought and to
provide for their custody. Application, issuance, execution,
and return are subject to State law and court rules.
Section 5-30. Seizure of proceeds without process.
Proceeds may be seized without a court order if the State has
probable cause to believe the proceeds were used in the
purchase of a controlled or other illegal substance, or
derived directly from another illegal activity and:
(1) the seizure is incident to a lawful arrest;
(2) the delay caused by the necessity of obtaining
process would reasonably result in the removal or
destruction of the proceeds;
(3) the proceeds are the subject of a prior and valid
judgment of forfeiture in favor of the State; or
(4) The proceeds are seized or impounded as evidence
in a criminal prosecution or investigation independent of
forfeiture.
Section 5-35. Seizure of personal property without
process. Personal property subject to forfeiture may be seized
without a court order if:
(1) the seizure is incident to a lawful arrest;
(2) the State has probable cause to believe the

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property was used or was attempted to be used in a manner
that makes the property forfeitable under this Act;
(3) the State has probable cause to believe the delay
caused by the necessity of obtaining process would
reasonably result in the removal or destruction of the
property that is forfeitable under this Act;
(4) the property is the subject of a prior and valid
judgment of forfeiture in favor of the State; or
(5) the property is seized or impounded as evidence in
a criminal prosecution or investigation independent of
forfeiture.
Section 5-40. Seizure or restraint of real property with
process.
(a) Real property may not be seized or restrained without
a court order.
(b) A court may not issue an order for the seizure or
restraint of real property unless the defendant and any other
person with a known interest in the property receive proper
notice and are given an opportunity for a contested hearing to
determine the existence of probable cause for the seizure.
(c) Notice may be made by publication if personal service
has not been realized after reasonable attempts.
(d) Nothing in this Section prohibits the State from
seeking a lis pendens or restraining order to hinder the sale
or destruction of real property. However, if the State obtains

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a lis pendens or restraining order, the State shall notify the
defendant and any other person with a known interest in the
property within 30 days.
(e) Application, filing, issuance, execution, and return
of any order are subject to State law and court rules.
Section 5-45. Stolen property and contraband.
(a) No property right exists in stolen property or
contraband. Such property is subject to seizure.
(b) Stolen property shall be returned, and contraband
shall be disposed of according to State law.
(c) Notwithstanding subsection (b), the court may impose
reasonable conditions on the release of stolen property and
the disposal of contraband, including the use of photographic
evidence, to preserve the property for later use as evidence
in proceedings under this Act or the related criminal
prosecution.
Section 5-50. Storing seized property and depositing
seized currency.
(a) The seizing agency is responsible for providing
adequate storage, security, preservation, and maintenance for
seized property unless another agency agrees to accept the
responsibility. The commander of a multi-jurisdictional task
force may assign the responsibility to one agency.
(b) The seizing agency shall store seized equipment and

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conveyances in an appropriate place for preservation and
maintenance.
(c) The seizing agency shall deposit seized currency in an
interest-bearing account pending the exhaustion of appeals or
receiving an order from the court to disburse the seized
currency.
(d) Notwithstanding subsection (c), the seizing agency may
take reasonable actions, including the use of photography, to
preserve currency and other property for later use as evidence
in proceedings under this Act or the related criminal
prosecution.
Section 5-55. Receipt.
(a) When property is seized, the law enforcement officer
shall give an itemized receipt to the person possessing the
property at the time of the seizure.
(b) The receipt shall be numbered for future reference and
shall constitute notice of seizure.
(c) If the person possessing the property is not present,
the seizing officer shall leave a receipt in the place where
the property was found, if possible.
Section 5-60. Property exempt from seizure and forfeiture.
(a) The prosecuting attorney may establish minimum dollar
amounts for seizure of U.S. currency and motor vehicles in the
prosecuting attorney's jurisdiction. The prosecuting attorney

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shall set the minimums in the interests of justice and
efficient use of government resources. The minimums shall be
based on the prosecuting attorney's exclusive determination
and may reflect:
(1) the deterrence that minimum dollar seizures have
on crime;
(2) the criminal offenses that include the seizure of
property; and
(3) the costs to seize and forfeit property.
(b) The prosecuting attorney shall post on its website the
publications that law enforcement agencies may use to
establish the value of a motor vehicle in the prosecuting
attorney's jurisdiction. The publications may include the
Kelley Blue Book and the J.D. Power/NADA Official Used Car
Guide.
(c) No forfeiture action shall be initiated for property
valued at less than $1,000 for cash or currency and $2,500 for
vehicles unless the property is tied to a violent offense or
serious felony.
Section 5-65. Waivers permitted and prohibited.
(a) A person from whom property is seized may relinquish
the person's rights, interests, and title in the seized
property by knowingly and voluntarily executing a waiver that
is agreed to by the prosecuting attorney.
(b) A waiver may be part of any agreement with the

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prosecuting attorney. However, the prosecuting attorney may
not condition the initial engagement in plea negotiations upon
the waiver of the person's rights, interests, and title in the
seized property.
(c) A waiver under subsections (a) and (b) is subject to a
claim by a secured interest holder, innocent owner, or other
person entitled to notice under Section 5-80. Such a claimant
may consent to certain issues and request that the court
determine any remaining issues.
(d) A law enforcement officer, other than the prosecuting
attorney, may not request, induce, or require a person to
relinquish, for purpose of forfeiture, the person's rights,
interests and title in property. Such a waiver is void and
inadmissible in court.
Section 5-70. Title.
(a) Title to the property subject to forfeiture vests with
the State when the court issues a forfeiture judgment and
relates back to the time the State seizes or restrains the
property.
(b) Title to substitute assets vests when the court issues
an order forfeiting substitute assets.
(c) An independent oversight committee, composed of legal
experts, community representatives, and law enforcement
officials, shall be established to review disputes over
seizures and forfeitures, providing non-binding mediation as

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an alternative to court proceedings.
Section 5-75. Counsel and pro se representation.
(a) A public defender or counsel appointed by the court
shall represent the defendant in the related forfeiture
proceeding if the public defender or appointed counsel
represents the defendant in the related criminal matter.
(b) If the defendant or an innocent owner claimant engages
in pro se representation in the forfeiture proceeding, the
court may exercise its discretion in applying the rules of
pleading, procedure, or evidence.
Section 5-80. Notice to other known owners.
(a) The prosecuting attorney or designee shall perform a
reasonable search of vehicle registrations, property records,
and other public records to identify any person, other than
the defendant, known to have an interest in the property
subject to forfeiture.
(b) The prosecuting attorney or designee shall give notice
to any person identified to have an interest in the property
subject to forfeiture, who is not charged or indicted. The
notice shall include the seizure receipt number in Section
5-55. Notice may be made by publication if personal service
has not been realized after reasonable attempts.
(c) The following language must appear substantially and
conspicuously in the notice:

HB1717 - 24 - LRB104 05515 RLC 17325 b
"WARNING: You may lose the right to be heard in court if
you do not file promptly a simple Statement of interest or
ownership. You do not have to pay a filing fee to file your
notice."
(d) If notice is not served by personal service or
publication and all extension periods have expired, the court
shall order the return of the property within 5 days to a
claimant who has a valid interest in the property and is
entitled to notice by subsection (b).
(e) Upon the court's issuing an order to return the
property, no further claim to the property is valid.
Contraband shall not be returned.
(f) Notwithstanding subsection (d), the court may impose
reasonable conditions on the return of the property, including
the use of photographic evidence, to preserve the property for
later use as evidence in proceedings under this Act or the
related criminal prosecution.
Section 5-85. Prompt post-seizure hearing.
(a) Following seizure, a defendant or any other person
with an interest in the property has a right to a prompt
post-seizure hearing.
(b) A person with an interest in the property may motion
the court for a hearing to be held within 14 days after filing
the petition.
(c) At the court's discretion, the court may hold a prompt

HB1717 - 25 - LRB104 05515 RLC 17325 b
post-seizure hearing:
(1) as a separate hearing; or
(2) at the same time as a probable cause hearing, a
post-arraignment hearing, a suppression hearing, an
omnibus hearing, or other pretrial hearing.
(d) A party, by agreement or for good cause, may move for
one extension of the hearing date. Any motion may be supported
by affidavits or other submissions.
(e) The court shall order the return of property within 5
days if the court finds by a preponderance of the evidence
that:
(1) the seizure was unconstitutional;
(2) a criminal charge has not been filed and no time
remains to file a charge;
(3) the petitioner is an innocent owner or secured
interest holder; or
(4) the government's continued possession of a motor
vehicle will cause substantial hardship to an immediate
family member of the defendant, including preventing the
family member from working or inconveniencing the
transportation of the family member's child.
(f) Upon the court's issuing an order to return the
property, no further claim to the property is valid.
Contraband shall not be returned.
(g) Notwithstanding subsection (e), the court may impose
reasonable conditions on the return of the property, including

HB1717 - 26 - LRB104 05515 RLC 17325 b
the use of photographic evidence, to preserve the property for
later use as evidence in proceedings under this Act or the
related criminal prosecution.
(h) The court shall ensure that a post-seizure hearing is
held within 7 business days of the motion filing to determine
the validity of the seizure unless good cause for delay is
shown. At this hearing, the court must address any claims of
undue hardship caused by the seizure.
Section 5-90. Notice of proposed forfeiture.
(a) In a case in which the State seeks forfeiture of
property the prosecuting attorney shall file with the court a
notice of proposed forfeiture.
(b) The notice shall be a separate document. It shall
include:
(1) a description of the property seized;
(2) the time, date, and place of the seizure;
(3) the seizure receipt number in Section 5-55, if
available; and
(4) a description of how the property was used in or
derived from the alleged crime.
(c) The prosecuting attorney shall allege, in the notice,
the forfeiture of property as a process after the conviction
of the crime for which the defendant is charged.
(d) The notice shall not be read to the jury.
(e) The prosecuting attorney shall serve the notice:

HB1717 - 27 - LRB104 05515 RLC 17325 b
(1) with the initial charging instrument;
(2) separately but not later than 90 days after the
presentment of the charging instrument for a misdemeanor;
(3) the earlier of 90 days after presentment to a
grand jury or the filing of an information by the
prosecuting attorney or 180 days after an arrest for a
felony; or
(4) at the court's discretion.
(f) At the court's discretion, the court may allow the
prosecuting attorney to amend the notice as required in the
interest of justice.
(g) The notice shall include notification of the
provisions of this Act.
(h) The court shall order the return of the property to the
owner within 5 days if the prosecuting attorney does not file a
charging instrument as provided by the court's rules, the
period of an extension expires, or the court does not grant an
extension unless a charge is not filed pursuant to an
agreement or waiver.
(i) Upon the court's issuing an order to return the
property, no further claim to the property is valid.
Contraband shall not be returned.
(j) Notwithstanding subsection (h), the court may impose
reasonable conditions on the return of the property, including
the use of photographic evidence, to preserve the property for
later use as evidence in another criminal prosecution.

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Section 5-95. Discovery. Discovery related to the
forfeiture proceeding is subject to the rules of criminal
procedure or court rules for general discovery.
Section 5-100. Trial, conviction required, and standard of
proof.
(a) Property may be forfeited if:
(1) the State secures a conviction of a crime under
Section 5-5; and
(2) the State establishes by a preponderance of the
evidence that the property is an instrumentality of, or
proceeds derived directly from the crime for which the
State secured a conviction.
(a-1) For property to be forfeited before conviction, the
State must demonstrate by clear and convincing evidence that
the property is directly linked to the criminal offense, and
that immediate seizure is necessary to prevent its loss,
destruction, or further use in criminal activity.
(b) The court shall hold the forfeiture proceeding after
the defendant's conviction in the criminal prosecution. At its
discretion, the court may hold the forfeiture proceeding as
soon as practicable including concurrent with sentencing. The
court shall conduct the forfeiture proceeding without a jury.
(c) Provided that all persons entitled to notice under
Section 5-80 consent to the forfeiture, nothing in this Act

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shall prohibit property from being forfeited by:
(1) consent order or plea agreement approved by the
court;
(2) a diversion agreement; or
(3) a grant of immunity or reduced punishment, with or
without the filing of a criminal charge, in exchange for
testifying or assisting a law enforcement investigation or
prosecution.
(d) Persons entitled to notice may consent to some issues
and litigate remaining issues before the court without a jury.
Section 5-105. Exceptions to the conviction requirement.
(a) The court may waive the conviction requirement in
Section 5-100 and grant title to the property to the State if
the prosecuting attorney files an ex parte motion in either
the same criminal court or a civil court in the same
jurisdiction no fewer than 90 days after seizure and shows by a
preponderance of the evidence that the defendant, before
conviction:
(1) abandoned the property;
(2) absconded from the jurisdiction;
(3) was deported by the U.S. government;
(4) was extradited to another state or foreign
jurisdiction; or
(5) died.
(b) The death of the defendant does not preclude the

HB1717 - 30 - LRB104 05515 RLC 17325 b
defendant's heir or legatee from filing a claim for the
property as an innocent owner under Section 5-120.
Section 5-110. Proportionality.
(a) The defendant may motion the court to determine
whether the forfeiture is unconstitutionally excessive under
the constitution of this State or the United States.
(b) At the court's discretion, the court may hold a
proportionality hearing:
(1) as a separate hearing;
(2) at the same time as a probable cause hearing, an
omnibus hearing, or other pretrial hearing;
(3) at trial; or
(4) upon conviction.
(c) The defendant has the burden of establishing the
forfeiture is unconstitutionally excessive by a preponderance
of the evidence at a hearing conducted by the court without a
jury.
(d) At a hearing prior to conviction under paragraph (1),
(2) or (3) of subsection (b), the court first shall determine,
by a preponderance of the evidence, if the prosecuting
attorney will secure a conviction. The court then shall
determine if the forfeiture is unconstitutionally excessive.
(e) At any hearing held under subsection (b), the court
may consider all relevant factors to determine if the
forfeiture is unconstitutionally excessive, including:

HB1717 - 31 - LRB104 05515 RLC 17325 b
(1) the seriousness of the crime and its impact on the
community, including the duration of the activity, use of
a firearm, and harm caused by the defendant;
(2) the extent to which the defendant participated in
the crime;
(3) the extent to which the property was integral to
facilitating the crime;
(4) whether the crime was completed or attempted; and
(5) the sentence or fine to be imposed for committing
the crime.
(f) In determining the value of the instrumentality
subject to forfeiture, the court may consider all relevant
factors related to the fair market value of the property,
including information in any publication advised by the
prosecuting attorney in subsection (b) of Section 5-60.
(g) The court may not consider the benefit or value of the
property to the State in determining whether the forfeiture is
unconstitutionally excessive.
(h) The court shall order the return of property that is
unconstitutionally excessive within 5 days.
(i) Upon the court's issuing an order to return the
property, no further claim to the property is valid.
Contraband shall not be returned.
Section 5-115. Secured interest holder.
(a) Property encumbered by a security interest shall not

HB1717 - 32 - LRB104 05515 RLC 17325 b
be forfeited up to the value of the interest.
(b) The prosecuting attorney shall summarily return
property to a secured interest holder up to the value of the
interest. Contraband shall not be returned.
(c) If the property is not summarily returned, the secured
interest holder may motion the court at any time before the
court enters judgment in the criminal prosecution or grants
the motion in Section 5-105. The motion shall include the
seizure receipt number in Section 5-55, if available.
(d) The court shall hear the motion within 30 days after
filing or at the court's discretion. The hearing shall be held
before the court without a jury. The court may consolidate the
hearing on the motion with any other hearing before the court
in the case.
(e) The secured interest holder shall allege the validity
of the security interest, mortgage, lien, leasehold, lease,
rental agreement, or other agreement.
(f) If the prosecuting attorney seeks to proceed, the
prosecuting attorney shall prove by a preponderance of the
evidence that:
(1) the interest is invalid;
(2) the interest resulted from a fraudulent
conveyance;
(3) the interest is held through a straw purchase,
trust, or otherwise for the benefit of the defendant; or
(4) the secured interest holder consented to the use

HB1717 - 33 - LRB104 05515 RLC 17325 b
of the property in the crime for which the defendant is
charged.
(g) If the State fails to meet the burden established in
subsection (f), the court shall order the State to relinquish
claims to the property, up to the value of the interest, and
return the interest to the secured interest holder within 5
days.
(h) Notwithstanding subsection (g), the court may impose
reasonable conditions on the return of the property, including
the use of photographic evidence, to preserve the property for
later use as evidence in proceedings under this Act or the
related criminal prosecution.
(i) Upon the court's issuing an order, no further claim on
the property up to the value of the secured interest is valid.
The forfeiture of the remaining interest may be litigated as
provided by this Act.
Section 5-120. Innocent owner.
(a) Property of an innocent owner shall not be forfeited.
(b) The prosecuting attorney shall summarily return
property to an innocent owner. Contraband shall not be
returned.
(c) If the property is not summarily returned, an innocent
owner claimant may motion the court at any time before the
court enters judgment in the criminal prosecution or grants
the motion in Section 5-105.

HB1717 - 34 - LRB104 05515 RLC 17325 b
(d) The court shall hear the innocent owner claimant's
motion within 30 days after filing or at the court's
discretion. The hearing shall be held before the court without
a jury. The court may consolidate the hearing on the
claimant's motion with any other hearing before the court in
the case.
(e) The innocent owner claimant may motion the court by
filing a simple Statement that sets forth:
(1) the claimant's interest in or regular use of the
property;
(2) the time and circumstances of the claimant's
acquisition of the interest in the property;
(3) additional facts or evidence supporting the
claimant's claim;
(4) an affirmation of the validity of interest or
regular use of the property;
(5) the relief sought by the claimant; and
(6) the seizure receipt number in Section 5-55, if
available.
(f) The filing fee for the claimant's motion under this
Section is waived.
(g) If the prosecuting attorney seeks to proceed, the
prosecuting attorney shall prove by a preponderance of the
evidence the claimant is not an innocent owner because:
(1) the claimant did not regularly use the property;
(2) the claimant's interest in the property is

HB1717 - 35 - LRB104 05515 RLC 17325 b
invalid;
(3) the claimant's interest is held through a straw
purchase, trust or otherwise for the benefit of the
defendant;
(4) the claimant was not a bona fide purchaser without
notice of any defect in title and for valuable
consideration;
(5) the claimant consented to the use of the property
in the crime for which the defendant is charged;
(6) the claimant was willfully blind to the crime for
which the defendant is charged; or
(7) the claimant had actual knowledge and the claimant
did not take reasonable steps to prevent the use of the
property in the crime for which the defendant is charged.
The claimant is not required to take steps the claimant
reasonably believes would subject the claimant to physical
danger.
(h) If the prosecuting attorney fails to meet its burden
in subsection (g), the court shall order the State to
relinquish all claims and return the property to the innocent
owner within 5 days.
(i) Upon the court's issuing an order, no further claim on
the property is valid.
(j) Notwithstanding subsection (h), the court may impose
reasonable conditions on the return of the property, including
the use of photographic evidence, to preserve the property for

HB1717 - 36 - LRB104 05515 RLC 17325 b
later use as evidence in proceedings under this Act or the
related criminal prosecution.
(k) No information in the claimant's Statement in
subsection (d) shall be used as evidence in the related
criminal prosecution.
(l) Nothing in this Section prohibits the claimant from
providing information to any party or testifying in any trial
as to facts known by the claimant.
(m) The defendant or convicted offender may invoke the
right against self-incrimination or marital privilege in the
forfeiture proceeding. The trier of fact may draw an adverse
inference from the invocation of the right or privilege in the
forfeiture proceeding.
(n) The prosecuting attorney shall ensure that all
potential innocent owners receive direct and written notice of
their rights within 7 days of a seizure. A streamlined
petition process shall be provided, allowing innocent owners
to file claims electronically or in person without requiring
legal representation.
Section 5-125. Judgment.
(a) If the prosecuting attorney fails to meet its burden
in the criminal prosecution or forfeiture proceeding, the
court shall enter judgment dismissing the forfeiture
proceeding and ordering the return of property within 5 days,
unless possession of the property is illegal. Contraband shall

HB1717 - 37 - LRB104 05515 RLC 17325 b
not be returned.
(b) If the prosecuting attorney meets its burden in the
criminal prosecution and forfeiture proceeding, the court
shall enter judgment forfeiting the property.
(c) The court may enter judgment following a hearing,
pursuant to a stipulation, consent order, or plea agreement,
or at the court's discretion.
Section 5-130. Substitution of assets. Upon the
prosecuting attorney's motion following conviction or at the
court's discretion, the court may order the forfeiture of
substitute property owned solely by the defendant up to the
value of property that is beyond the court's jurisdiction or
cannot be located through due diligence, if the State proves
by a preponderance of the evidence that the defendant
intentionally:
(1) dissipated the property;
(2) transferred, sold, or deposited property with a
third party to avoid forfeiture;
(3) diminished substantially the value of the
property; or
(4) commingled property with other property that
cannot be divided without difficulty.
Section 5-135. No additional remedies. The State may not
seek personal money judgments or other remedies related to the

HB1717 - 38 - LRB104 05515 RLC 17325 b
forfeiture of property not provided for in this Act.
Section 5-140. No joint-and-several liability. A defendant
is not jointly and severally liable for forfeiture awards owed
by other defendants. When ownership is unclear, the court may
order each defendant to forfeit property on a pro rata basis or
by another means the court finds equitable.
Section 5-145. Appeals.
(a) A party to the forfeiture proceeding, other than the
defendant, may appeal the court's order concerning the
disposition of the property upon the issuance of the order per
the State's rules of procedure and court rules.
(b) The defendant may appeal the court's decision
regarding the seizure or forfeiture of property following
final judgment in the forfeiture proceeding.
Section 5-150. Attorney's fees. In any proceeding in which
a property owner recovers at least half of the value of the
property or currency claimed, the court shall order the
seizing agency or prosecuting attorney at fault to pay:
(1) reasonable attorney's fees and other litigation
costs incurred by the claimant; and
(2) interest from the date of seizure.
Section 5-155. Return of property, damages and costs.

HB1717 - 39 - LRB104 05515 RLC 17325 b
(a) If the court orders the return of property, the law
enforcement agency that holds the property shall return the
property to the owner within 5 days. Contraband shall not be
returned.
(b) The owner shall not be subject to any expenses related
to towing, storage or preservation of the property.
(c) The law enforcement agency that holds the property is
responsible for any damages, storage fees, and related costs
applicable to property returned under this Section.
Section 5-160. Disposition of forfeited property and
proceeds.
(a) The court may order contraband to be sold or destroyed
according to State law when it is no longer needed as evidence.
(b) The court may order property to be sold when it is no
longer needed as evidence.
(c) If the court grants forfeiture, the court may order
the sale of forfeited personal and real property.
(d) After all forfeited property is reduced to proceeds,
the court may order, upon conclusion of all direct appeals or
at its discretion, the distribution of forfeited proceeds
according to the following priorities:
(1) pay restitution to the victim of the crime;
(2) satisfy secured interest holders;
(3) pay reasonable costs for the towing, storage,
maintenance, repairs, advertising and sale, and other

HB1717 - 40 - LRB104 05515 RLC 17325 b
operating costs related to the forfeited property;
(4) reimburse the seizing law enforcement agency for
non-personnel operating costs, including controlled-drug
buy money and confidential informants, related to the
investigation of the crime; and
(5) reimburse the prosecuting attorney, public
defender, or court-appointed attorney for non-personnel
court costs, including filing fees, subpoenas, court
reporters and transcripts.
(f) After disbursements under subsection (d), the court
may order the remaining net proceeds from the forfeiture to be
disbursed to:
(1) the Common School Fund; and
(2) the State's General Revenue Fund.
(g) Local law enforcement agencies may retain up to 50% of
forfeiture proceeds for community-focused public safety
initiatives, such as victim services, officer training, or
equipment purchases, provided that detailed expenditure
reports are submitted annually.
Section 5-165. Sale restrictions. No law enforcement
agency may sell forfeited property directly or indirectly to
an employee of the law enforcement agency or to a person
related to an employee within the third degree of
consanguinity.

HB1717 - 41 - LRB104 05515 RLC 17325 b
Section 5-170. Preemption. A unit of local government,
including a home rule unit, may not regulate civil and
criminal forfeiture in a manner inconsistent with this Act.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
Section 5-175. Limitation on federal adoption.
(a) A State or local law enforcement agency shall not
offer for adoption property, seized under State law, to a
federal agency for the purpose of forfeiture under 18 U.S.
Code Chapter 46, or other federal law.
(b) The limitation in subsection (a) applies only to a
seizure by State and or local law enforcement agencies
pursuant to their own authority under State law and without
involvement of the federal government.
(c) Nothing in subsection (a) shall be construed to limit
State and local agencies from participating in joint task
forces with the federal government.
(d) State and local law enforcement agencies are
prohibited from accepting payment of any kind or distribution
of forfeiture proceeds from the federal government if the
State or local law enforcement agency violates subsection (a).
All such proceeds shall be directed to the State's General
Revenue Fund.

HB1717 - 42 - LRB104 05515 RLC 17325 b
(e) State and local agencies may collaborate with federal
authorities on multi-jurisdictional investigations but must
report all federal equitable sharing proceeds to the Illinois
Criminal Justice Information Authority, including a summary of
how such funds were used.
Section 5-180. Guidance.
(a) A prosecuting attorney shall consult with the
responsible U.S. Attorney to minimize circumvention of State
law under this Act through the use of the federal government's
equitable sharing program and other programs. This shall
include establishing guidelines for joint task forces and
multi-jurisdictional collaboration in the prosecuting
attorney's jurisdiction.
(b) The guidelines established under subsection (a) shall
be consistent with federal safeguards to ensure that
activities are conducted in compliance with U.S. Department of
Justice policies.
(c) The Illinois State Police, from time to time, may
offer training on seizure and forfeiture under this Act.
(d) The Illinois State Police shall, in collaboration with
the Illinois Criminal Justice Information Authority, provide
mandatory annual training for law enforcement officers on
constitutional rights, seizure procedures, and best practices
in asset forfeiture.

HB1717 - 43 - LRB104 05515 RLC 17325 b
Article 10.
Section 10-5. The Statute on Statutes is amended by adding
Section 1.46 as follows:
(5 ILCS 70/1.46 new)
Sec. 1.46. References to the Seizure and Forfeiture
Reporting Act, the Drug Asset Forfeiture Procedure Act, and
Article 124B of the Code of Criminal Procedure of 1963.
Whenever there is a reference in any Act to the "Seizure and
Forfeiture Reporting Act", the term shall be construed as a
reference to the "Seizure and Forfeiture Reporting Act of
2025". Whenever there is a reference in any Act to the "Drug
Asset Forfeiture Procedure Act" or "Article 124B of the Code
of Criminal Procedure of 1963", the terms shall be construed
as a reference to the "Criminal Forfeiture Process Act".
Section 10-10. The Freedom of Information Act is amended
by changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and

HB1717 - 44 - LRB104 05515 RLC 17325 b
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection or any information the disclosure of which is
restricted under the Illinois Sexually Transmitted
Infection Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and

HB1717 - 45 - LRB104 05515 RLC 17325 b
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the

HB1717 - 46 - LRB104 05515 RLC 17325 b
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and

HB1717 - 47 - LRB104 05515 RLC 17325 b
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of

HB1717 - 48 - LRB104 05515 RLC 17325 b
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure

HB1717 - 49 - LRB104 05515 RLC 17325 b
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act before the effective
date of this amendatory Act of the 104th General Assembly
or the Seizure and Forfeiture Reporting Act of 2025.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.

HB1717 - 50 - LRB104 05515 RLC 17325 b
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed

HB1717 - 51 - LRB104 05515 RLC 17325 b
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.

HB1717 - 52 - LRB104 05515 RLC 17325 b
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) Information exempt from disclosure under Section
30 of the Insurance Data Security Law.
(kkk) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(lll) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information prohibited from being disclosed
under subsection (e) of Section 1-129 of the Illinois
Power Agency Act.
(nnn) Materials received by the Department of Commerce
and Economic Opportunity that are confidential under the
Music and Musicians Tax Credit and Jobs Act.
(ooo) (nnn) Data or information provided pursuant to
Section 20 of the Statewide Recycling Needs and Assessment
Act.
(ppp) (nnn) Information that is exempt from disclosure
under Section 28-11 of the Lawful Health Care Activity
Act.
(qqq) (nnn) Information that is exempt from disclosure
under Section 7-101 of the Illinois Human Rights Act.
(rrr) (mmm) Information prohibited from being
disclosed under Section 4-2 of the Uniform Money
Transmission Modernization Act.

HB1717 - 53 - LRB104 05515 RLC 17325 b
(sss) (nnn) Information exempt from disclosure under
Section 40 of the Student-Athlete Endorsement Rights Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
103-1049, eff. 8-9-24; revised 11-26-24.)
(5 ILCS 810/Act rep.)
Section 10-15. The Seizure and Forfeiture Reporting Act is
repealed.
Section 10-20. The Archaeological and Paleontological
Resources Protection Act is amended by changing Section 12 as
follows:
(20 ILCS 3435/12)
Sec. 12. Seizure.
(a) Every device, equipment, tool, vehicle or conveyance,
when used or operated illegally, or attempted to be used or
operated illegally by any person in taking, transporting,

HB1717 - 54 - LRB104 05515 RLC 17325 b
holding, disturbing, exploring, excavating, collecting or
conveying any archaeological or paleontological resources,
contrary to the provisions of this Act, including
administrative rules, is a public nuisance and subject to
seizure and confiscation by any authorized employee of the
Department; upon the seizure of such item the Department shall
take and hold the same until disposed of as hereinafter
provided.
(b) Upon the seizure of any property as herein provided,
the authorized employee of the Department making such seizure
shall forthwith cause a complaint to be filed before the
circuit court and a summons to be issued requiring the person
who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such
property to appear in court and show cause why the property
seized should not be forfeited to the State. Upon the return of
the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the
illegality of the use of the seized property and upon judgment
being entered to the effect that such property was illegally
used, an order may be entered providing for the forfeiture of
such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such
property may have a jury determine the illegality of its use,
and shall have the right of an appeal, as in other cases. Such
confiscation or forfeiture shall not preclude or mitigate

HB1717 - 55 - LRB104 05515 RLC 17325 b
against prosecution and assessment of penalties otherwise
provided in this Act.
(c) Upon seizure of any property under circumstances
supporting a reasonable belief that such property was
abandoned, lost or stolen or otherwise illegally possessed or
used contrary to the provisions of this Act, except property
seized during a search or arrest, and ultimately returned,
destroyed, or otherwise disposed of pursuant to order of a
court in accordance with this Act, the Department shall make
reasonable inquiry and efforts to identify and notify the
owner or other person entitled to possession thereof, and
shall return the property after such person provides
reasonable and satisfactory proof of his ownership or right to
possession and reimburses the Department for all reasonable
expenses of such custody. If the identity or location of the
owner or other person entitled to possession of the property
has not been ascertained within 6 months after the Department
obtains such possession, the Department shall effectuate the
sale of the property for cash to the highest bidder at a public
auction. The owner or other person entitled to possession of
such property may claim and recover possession of the property
at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right of
possession and reimbursing the Department for all reasonable
expenses of custody thereof.
(d) Any property forfeited to the State by court order

HB1717 - 56 - LRB104 05515 RLC 17325 b
pursuant to this Section may be disposed of by public auction,
except that any property which is the subject of such a court
order shall not be disposed of pending appeal of the order. The
proceeds of the sales at auction shall be deposited in the
Historic Sites Fund.
(e) The Department shall pay all costs of notices required
by this Section.
Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act of
2025.
(f) This Section does not apply to archaeological or
paleontological resources that were recovered by the
Department or other law enforcement agency during an
investigation of a violation of this Act.
(Source: P.A. 103-446, eff. 8-4-23.)
Section 10-25. The Narcotic Control Division Abolition Act
is amended by changing Section 7 as follows:
(20 ILCS 2620/7) (from Ch. 127, par. 55j)
Sec. 7. Expenditures; evidence; forfeited property.
(a) The Director and the inspectors appointed by him, when
authorized by the Director, may expend such sums as the
Director deems necessary in the purchase of controlled
substances and cannabis for evidence and in the employment of
persons to obtain evidence.

HB1717 - 57 - LRB104 05515 RLC 17325 b
Such sums to be expended shall be advanced to the officer
who is to make such purchase or employment from funds
appropriated or made available by law for the support or use of
the Illinois State Police on vouchers therefor signed by the
Director. The Director and such officers are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purchase of evidence
and for the employment of persons to obtain evidence; provided
that no check may be written on nor any withdrawal made from
any such account except on the written signatures of 2 persons
designated by the Director to write such checks and make such
withdrawals.
(b) The Director is authorized to maintain one or more
commercial bank accounts with any State banking corporation or
corporations organized under or subject to the Illinois
Banking Act, as now or hereafter amended, for the deposit or
withdrawal of (i) moneys forfeited to the Illinois State
Police, including the proceeds of the sale of forfeited
property, as provided in Section 2 of the State Officers and
Employees Money Disposition Act, as now or hereafter amended,
pending disbursement to participating agencies and deposit of
the Illinois State Police's share as provided in subsection
(c), and (ii) all moneys being held as evidence by the Illinois
State Police, pending final court disposition; provided that

HB1717 - 58 - LRB104 05515 RLC 17325 b
no check may be written on or any withdrawal made from any such
account except on the written signatures of 2 persons
designated by the Director to write such checks and make such
withdrawals.
(c) All moneys received by the Illinois State Police as
their share of forfeited funds (including the proceeds of the
sale of forfeited property) received pursuant to the Criminal
Forfeiture Process Act Drug Asset Forfeiture Procedure Act,
the Cannabis Control Act, the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act,
the Environmental Protection Act, or any other Illinois law
shall be deposited into the State Asset Forfeiture Fund, which
is hereby created as an interest-bearing special fund in the
State treasury.
All moneys received by the Illinois State Police as their
share of forfeited funds (including the proceeds of the sale
of forfeited property) received pursuant to federal equitable
sharing transfers shall be deposited into the Federal Asset
Forfeiture Fund, which is hereby created as an
interest-bearing special fund in the State treasury.
The moneys deposited into the State Asset Forfeiture Fund
and the Federal Asset Forfeiture Fund shall be appropriated to
the Illinois State Police and may be used by the Illinois State
Police in accordance with law.
(Source: P.A. 102-538, eff. 8-20-21.)

HB1717 - 59 - LRB104 05515 RLC 17325 b
Section 10-30. The Human Remains Protection Act is amended
by changing Section 16.3 as follows:
(20 ILCS 3440/16.3)
Sec. 16.3. Forfeiture.
(a) Every device, equipment, tool, vehicle or conveyance,
when used or operated illegally, or attempted to be used or
operated illegally by any person in taking, transporting,
holding, disturbing, exploring, excavating, collecting or
conveying any human remains, grave artifacts, or grave
markers, contrary to the provisions of this Act, including
administrative rules, is a public nuisance and subject to
seizure and confiscation by any authorized employee of the
Department; upon the seizure of such item the Department shall
take and hold the same until disposed of as hereinafter
provided.
(b) Upon the seizure of any property as herein provided,
the authorized employee of the Department making such seizure
shall forthwith cause a complaint to be filed before the
circuit court and a summons to be issued requiring the person
who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such
property to appear in court and show cause why the property
seized should not be forfeited to the State. Upon the return of
the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the

HB1717 - 60 - LRB104 05515 RLC 17325 b
illegality of the use of the seized property and upon judgment
being entered to the effect that such property was illegally
used, an order may be entered providing for the forfeiture of
such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such
property may have a jury determine the illegality of its use,
and shall have the right of an appeal, as in other cases. Such
confiscation or forfeiture shall not preclude or mitigate
against prosecution and assessment of penalties otherwise
provided in this Act.
(c) Upon seizure of any property under circumstances
supporting a reasonable belief that such property was
abandoned, lost or stolen or otherwise illegally possessed or
used contrary to the provisions of this Act, except property
seized during a search or arrest, and ultimately returned,
destroyed, or otherwise disposed of pursuant to order of a
court in accordance with this Act, the Department shall make
reasonable inquiry and efforts to identify and notify the
owner or other person entitled to possession thereof, and
shall return the property after such person provides
reasonable and satisfactory proof of his ownership or right to
possession and reimburses the Department for all reasonable
expenses of such custody. If the identity or location of the
owner or other person entitled to possession of the property
has not been ascertained within 6 months after the Department
obtains such possession, the Department shall effectuate the

HB1717 - 61 - LRB104 05515 RLC 17325 b
sale of the property for cash to the highest bidder at a public
auction. The owner or other person entitled to possession of
such property may claim and recover possession of the property
at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right of
possession and reimbursing the Department for all reasonable
expenses of custody thereof.
(d) Any property forfeited to the State by court order
pursuant to this Section may be disposed of by public auction,
except that any property which is the subject of such a court
order shall not be disposed of pending appeal of the order. The
proceeds of the sales at auction shall be deposited in the
Repatriation and Reinterment Fund.
(e) The Department shall pay all costs of notices required
by this Section.
(f) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture
Reporting Act of 2025.
(g) This Section does not apply to human remains, grave
artifacts, or grave markers that were recovered by the
Department or other law enforcement agency during an
investigation of a violation of this Act.
(Source: P.A. 103-446, eff. 8-4-23.)
Section 10-35. The Timber Buyers Licensing Act is amended
by changing Section 16 as follows:

HB1717 - 62 - LRB104 05515 RLC 17325 b
(225 ILCS 735/16) (from Ch. 111, par. 716)
Sec. 16. Forfeiture and seizure. Any timber, forestry, or
wood cutting device or equipment, including vehicles and
conveyances used or operated in violation of this Act,
including administrative rules, or attempted to be used in
violation of this Act or administrative rules shall be deemed
a public nuisance and subject to the seizure and confiscation
by any authorized employee of the Department; upon the seizure
of such item the Department shall take and hold the same until
disposed of as hereinafter provided.
Upon the seizure of any property as herein provided, the
authorized employee of the Department making such seizure
shall forthwith cause a complaint to be filed before the
Circuit Court and a summons to be issued requiring the person
who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such
property to appear in court and show cause why the property
seized should not be forfeited to the State. Upon the return of
the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the
illegality of the use of the seized property and upon judgment
being entered to the effect that such property was illegally
used, an order may be entered providing for the forfeiture of
such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such

HB1717 - 63 - LRB104 05515 RLC 17325 b
property may have a jury determine the illegality of its use,
and shall have the right of an appeal, as in other cases. Such
confiscation or forfeiture shall not preclude or mitigate
against prosecution and assessment of penalties otherwise
provided in this Act.
Upon seizure of any property under circumstances
supporting a reasonable belief that such property was
abandoned, lost, or stolen or otherwise illegally possessed or
used contrary to the provisions of this Act, except property
seized during a search or arrest, and ultimately returned,
destroyed, or otherwise disposed of pursuant to order of a
court in accordance with this Act, the authorized employee of
the Department shall make reasonable inquiry and efforts to
identify and notify the owner or other person entitled to
possession thereof, and shall return the property after such
person provides reasonable and satisfactory proof of his
ownership or right to possession and reimburses the Department
for all reasonable expenses of such custody. If the identity
or location of the owner or other person entitled to
possession of the property has not been ascertained within 6
months after the Department obtains such possession, the
Department shall effectuate the sale of the property for cash
to the highest bidder at a public auction. The owner or other
person entitled to possession of such property may claim and
recover possession of the property at any time before its sale
at public auction, upon providing reasonable and satisfactory

HB1717 - 64 - LRB104 05515 RLC 17325 b
proof of ownership or right of possession and reimbursing the
Department for all reasonable expenses of custody thereof.
Any property forfeited to the State by court order
pursuant to this Section may be disposed of by public auction,
except that any property which is the subject of such a court
order shall not be disposed of pending appeal of the order. The
proceeds of the sales at auction shall be deposited in the
Illinois Forestry Development Fund.
The Department shall pay all costs of notices required by
this Section. Property seized or forfeited under this Section
is subject to reporting under Section 1-15 5 of the Seizure and
Forfeiture Reporting Act of 2025.
(Source: P.A. 103-218, eff. 1-1-24.)
Section 10-40. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.23 as follows:
(410 ILCS 620/3.23)
Sec. 3.23. Legend drug prohibition.
(a) In this Section:
"Legend drug" means a drug limited by the Federal Food,
Drug and Cosmetic Act to being dispensed by or upon a medical
practitioner's prescription because the drug is:
(1) habit forming;
(2) toxic or having potential for harm; or
(3) limited in use by the new drug application for the

HB1717 - 65 - LRB104 05515 RLC 17325 b
drug to use only under a medical practitioner's
supervision.
"Medical practitioner" means any person licensed to
practice medicine in all its branches in the State.
"Deliver" or "delivery" means the actual, constructive, or
attempted transfer of possession of a legend drug, with or
without consideration, whether or not there is an agency
relationship.
"Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
legend drug, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging
of the substance or labeling of its container. "Manufacture"
does not include:
(1) by an ultimate user, the preparation or
compounding of a legend drug for his or her own use; or
(2) by a medical practitioner, or his or her
authorized agent under his or her supervision, the
preparation, compounding, packaging, or labeling of a
legend drug:
(A) as an incident to his or her administering or
dispensing of a legend drug in the course of his or her
professional practice; or
(B) as an incident to lawful research, teaching,

HB1717 - 66 - LRB104 05515 RLC 17325 b
or chemical analysis and not for sale.
"Prescription" has the same meaning ascribed to it in
Section 3 of the Pharmacy Practice Act.
(b) It is unlawful for any person to knowingly manufacture
or deliver or possess with the intent to manufacture or
deliver a legend drug of 6 or more pills, tablets, capsules, or
caplets or 30 ml or more of a legend drug in liquid form who is
not licensed by applicable law to prescribe or dispense legend
drugs or is not an employee of the licensee operating in the
normal course of business under the supervision of the
licensee. Any person who violates this Section is guilty of a
Class 3 felony, the fine for which shall not exceed $100,000. A
person convicted of a second or subsequent violation of this
Section is guilty of a Class 1 felony, the fine for which shall
not exceed $250,000.
(c) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any
kind which are used, or intended for use, in
manufacturing, distributing, dispensing, administering,
or possessing any substance in violation of this Section;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of any substance manufactured, distributed, dispensed, or

HB1717 - 67 - LRB104 05515 RLC 17325 b
possessed in violation of this Section or property
described in paragraph (2) of this subsection (c), but:
(A) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or
privy to the violation;
(B) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent; and
(C) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data that are used, or intended to
be used, in violation of this Section;
(5) everything of value furnished, or intended to be
furnished, in exchange for a substance in violation of
this Section, all proceeds traceable to such an exchange,
and all moneys, negotiable instruments, and securities
used, or intended to be used, to commit or in any manner to
facilitate any violation of this Section; and

HB1717 - 68 - LRB104 05515 RLC 17325 b
(6) all real property, including any right, title, and
interest, including, but not limited to, any leasehold
interest or the beneficial interest in a land trust, in
the whole of any lot or tract of land and any appurtenances
or improvements, which is used or intended to be used, in
any manner or part, to commit, or in any manner to
facilitate the commission of, any violation or act that
constitutes a violation of this Section or that is the
proceeds of any violation or act that constitutes a
violation of this Section.
(d) Property subject to forfeiture under this Act may be
seized under the Criminal Forfeiture Process Act Drug Asset
Forfeiture Procedure Act. In the event of seizure, forfeiture
proceedings shall be instituted under the Criminal Forfeiture
Process Act Drug Asset Forfeiture Procedure Act.
(e) Forfeiture under this Act is subject to an 8th
Amendment to the United States Constitution disproportionate
penalties analysis as provided under Section 5-110 of the
Criminal Forfeiture Process Act 9.5 of the Drug Asset
Forfeiture Procedure Act.
(f) With regard to possession of legend drug offenses
only, a sum of currency with a value of less than $500 shall
not be subject to forfeiture under this Act. For all other
offenses under this Act, a sum of currency with a value of less
than $100 shall not be subject to forfeiture under this Act. In
seizures of currency in excess of these amounts, this Section

HB1717 - 69 - LRB104 05515 RLC 17325 b
shall not create an exemption for these amounts.
(f-5) For felony offenses involving possession of legend
drug only, no property shall be subject to forfeiture under
this Act because of the possession of less than 2 single unit
doses of a legend drug. This exemption shall not apply in
instances when the possessor, or another person at the
direction of the possessor, is engaged in the destruction of
any amount of a legend drug. The amount of a single unit dose
shall be the State's burden to prove in its case in chief.
(g) If the Department suspends or revokes a registration,
all legend drugs owned or possessed by the registrant at the
time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of
perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation rule becoming final,
all substances are subject to seizure and forfeiture under the
Drug Asset Forfeiture Procedure Act.
(h) (Blank).
(i) (Blank).
(j) Contraband, including legend drugs possessed without a
prescription or other authorization under State or federal
law, is not subject to forfeiture. No property right exists in
contraband. Contraband is subject to seizure and shall be

HB1717 - 70 - LRB104 05515 RLC 17325 b
disposed of according to State law.
(k) The changes made to this Section by Public Act 100-512
and Public Act 100-699 only apply to property seized on and
after July 1, 2018.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
100-1163, eff. 12-20-18.)
Section 10-45. The Environmental Protection Act is amended
by changing Section 44.1 as follows:
(415 ILCS 5/44.1)
Sec. 44.1. (a) In addition to all other civil and criminal
penalties provided by law, any person convicted of a criminal
violation of this Act or the regulations adopted thereunder
shall forfeit to the State (1) an amount equal to the value of
all profits earned, savings realized, and benefits incurred as
a direct or indirect result of such violation, and (2) any
vehicle or conveyance used in the perpetration of such
violation, except as provided in subsection (b).
(b) Forfeiture of conveyances shall be subject to the
following exceptions:
(1) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier
is subject to forfeiture under this Section unless it is
proven that the owner or other person in charge of the
conveyance consented to or was privy to the covered

HB1717 - 71 - LRB104 05515 RLC 17325 b
violation.
(2) No conveyance is subject to forfeiture under this
Section by reason of any covered violation which the owner
proves to have been committed without his knowledge or
consent.
(3) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the
secured party if he neither had knowledge of nor consented
to the covered violation.
(c) Except as provided in subsection (d), all property
subject to forfeiture under this Section shall be seized
pursuant to the order of a circuit court.
(d) Property subject to forfeiture under this Section may
be seized by the Director or any peace officer without
process:
(1) if the seizure is incident to an inspection under
an administrative inspection warrant, or incident to the
execution of a criminal search or arrest warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act; or
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety.
(e) Property taken or detained under this Section shall

HB1717 - 72 - LRB104 05515 RLC 17325 b
not be subject to eviction or replevin, but is deemed to be in
the custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings. When property is seized under this
Act, the Director may:
(1) place the property under seal;
(2) secure the property or remove the property to a
place designated by him; or
(3) require the sheriff of the county in which the
seizure occurs to take custody of the property and secure
or remove it to an appropriate location for disposition in
accordance with law.
(f) All amounts forfeited under item (1) of subsection (a)
shall be apportioned in the following manner:
(1) 40% shall be deposited in the Hazardous Waste Fund
created in Section 22.2;
(2) 30% shall be paid to the office of the Attorney
General or the State's Attorney of the county in which the
violation occurred, whichever brought and prosecuted the
action; and
(3) 30% shall be paid to the law enforcement agency
which investigated the violation.
Any funds received under this subsection (f) shall be used
solely for the enforcement of the environmental protection
laws of this State.
(g) When property is forfeited under this Section the

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court may order:
(1) that the property shall be made available for the
official use of the Agency, the Office of the Attorney
General, the State's Attorney of the county in which the
violation occurred, or the law enforcement agency which
investigated the violation, to be used solely for the
enforcement of the environmental protection laws of this
State;
(2) the sheriff of the county in which the forfeiture
occurs to take custody of the property and remove it for
disposition in accordance with law; or
(3) the sheriff of the county in which the forfeiture
occurs to sell that which is not required to be destroyed
by law and which is not harmful to the public. The proceeds
of such sale shall be used for payment of all proper
expenses of the proceedings for forfeiture and sale,
including expenses of seizure, maintenance of custody,
advertising and court costs, and the balance, if any,
shall be apportioned pursuant to subsection (f).
(h) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture
Reporting Act of 2025.
(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18;
100-863, eff. 8-14-18.)
Section 10-50. The Herptiles-Herps Act is amended by

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changing Section 105-55 as follows:
(510 ILCS 68/105-55)
Sec. 105-55. Illegal collecting devices; public nuisance.
Every collecting device, including seines, nets, traps,
pillowcases, bags, snake hooks or tongs, or any electrical
device or any other devices including vehicles or conveyance,
watercraft, or aircraft used or operated illegally or
attempted to be used or operated illegally by any person in
taking, transporting, holding, or conveying any herptile life
or any part or parts of a herptile, contrary to this Act,
including administrative rules, shall be deemed a public
nuisance and therefore illegal and subject to seizure and
confiscation by any authorized employee of the Department.
Upon the seizure of this item, the Department shall take and
hold the item until disposed of as provided in this Act.
Upon the seizure of any device because of its illegal use,
the officer or authorized employee of the Department making
the seizure shall, as soon as reasonably possible, cause a
complaint to be filed before the circuit court and a summons to
be issued requiring the owner or person in possession of the
property to appear in court and show cause why the device
seized should not be forfeited to the State. Upon the return of
the summons duly served or upon posting or publication of
notice as provided in this Act, the court shall proceed to
determine the question of the illegality of the use of the

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seized property. Upon judgment being entered that the property
was illegally used, an order shall be entered providing for
the forfeiture of the seized property to the State. The owner
of the property may have a jury determine the illegality of its
use and shall have the right of an appeal as in other civil
cases. Confiscation or forfeiture shall not preclude or
mitigate against prosecution and assessment of penalties
provided in this Act.
Upon seizure of any property under circumstances
supporting a reasonable belief that the property was
abandoned, lost, stolen, or otherwise illegally possessed or
used contrary to this Act, except property seized during a
search or arrest, and ultimately returned, destroyed, or
otherwise disposed of under order of a court in accordance
with this Act, the authorized employee of the Department shall
make reasonable inquiry and efforts to identify and notify the
owner or other person entitled to possession of the property
and shall return the property after the person provides
reasonable and satisfactory proof of his or her ownership or
right to possession and reimburses the Department for all
reasonable expenses of custody. If the identity or location of
the owner or other person entitled to possession of the
property has not been ascertained within 6 months after the
Department obtains possession, the Department shall effectuate
the sale of the property for cash to the highest bidder at a
public auction. The owner or other person entitled to

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possession of the property may claim and recover possession of
the property at any time before its sale at public auction upon
providing reasonable and satisfactory proof of ownership or
right of possession and reimbursing the Department for all
reasonable expenses of custody.
Any property forfeited to the State by court order under
this Section may be disposed of by public auction, except that
any property that is the subject of a court order shall not be
disposed of pending appeal of the order. The proceeds of the
sales at auction shall be deposited in the Illinois Wildlife
Preservation Fund.
The Department shall pay all costs of posting or
publication of notices required by this Section.
Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act of
2025.
(Source: P.A. 102-315, eff. 1-1-22; 103-363, eff. 7-28-23.)
Section 10-55. The Humane Care for Animals Act is amended
by changing Section 4.01 as follows:
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. Animals in entertainment. This Section does not
apply when the only animals involved are dogs. (Section 48-1
of the Criminal Code of 2012, rather than this Section,
applies when the only animals involved are dogs.)

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(a) No person may own, capture, breed, train, or lease any
animal which he or she knows or should know is intended for use
in any show, exhibition, program, or other activity featuring
or otherwise involving a fight between such animal and any
other animal or human, or the intentional killing of any
animal for the purpose of sport, wagering, or entertainment.
(b) No person shall promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or
entertainment, any show, exhibition, program, or other
activity involving a fight between 2 or more animals or any
animal and human, or the intentional killing of any animal.
(c) No person shall sell or offer for sale, ship,
transport, or otherwise move, or deliver or receive any animal
which he or she knows or should know has been captured, bred,
or trained, or will be used, to fight another animal or human
or be intentionally killed, for the purpose of sport,
wagering, or entertainment.
(d) No person shall manufacture for sale, shipment,
transportation or delivery any device or equipment which that
person knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more animals, or any human and
animal, or the intentional killing of any animal for purposes
of sport, wagering or entertainment.
(e) No person shall own, possess, sell or offer for sale,

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ship, transport, or otherwise move any equipment or device
which such person knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
animals, or any animal and human, or the intentional killing
of any animal for purposes of sport, wagering or
entertainment.
(f) No person shall make available any site, structure, or
facility, whether enclosed or not, which he or she knows or
should know is intended to be used for the purpose of
conducting any show, exhibition, program, or other activity
involving a fight between 2 or more animals, or any animal and
human, or the intentional killing of any animal.
(g) No person shall knowingly attend or otherwise
patronize any show, exhibition, program, or other activity
featuring or otherwise involving a fight between 2 or more
animals, or any animal and human, or the intentional killing
of any animal for the purposes of sport, wagering or
entertainment.
(h) (Blank).
(i) Any animals or equipment involved in a violation of
this Section shall be immediately seized and impounded under
Section 12 by the Department when located at any show,
exhibition, program, or other activity featuring or otherwise
involving an animal fight for the purposes of sport, wagering,
or entertainment.

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(j) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.
(k) Any veterinarian in this State who is presented with
an animal for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the
animal was engaged in or utilized for a fighting event for the
purposes of sport, wagering, or entertainment shall file a
report with the Department and cooperate by furnishing the
owners' names, dates, and descriptions of the animal or
animals involved. Any veterinarian who in good faith complies
with the requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from
his or her actions. For the purposes of any proceedings, civil
or criminal, the good faith of the veterinarian shall be
rebuttably presumed.
(l) No person shall solicit a minor to violate this
Section.
(m) The penalties for violations of this Section shall be
as follows:
(1) A person convicted of violating subsection (a),
(b), or (c) of this Section or any rule, regulation, or
order of the Department pursuant thereto is guilty of a

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Class 4 felony for the first offense. A second or
subsequent offense involving the violation of subsection
(a), (b), or (c) of this Section or any rule, regulation,
or order of the Department pursuant thereto is a Class 3
felony.
(2) A person convicted of violating subsection (d),
(e), or (f) of this Section or any rule, regulation, or
order of the Department pursuant thereto is guilty of a
Class 4 felony for the first offense. A second or
subsequent violation is a Class 3 felony.
(3) A person convicted of violating subsection (g) of
this Section or any rule, regulation, or order of the
Department pursuant thereto is guilty of a Class 4 felony
for the first offense. A second or subsequent violation is
a Class 3 felony.
(4) A person convicted of violating subsection (l) of
this Section is guilty of a Class 4 felony for the first
offense. A second or subsequent violation is a Class 3
felony.
(n) A person who commits a felony violation of this
Section is subject to the property forfeiture provisions set
forth in the Criminal Forfeiture Process Act Article 124B of
the Code of Criminal Procedure of 1963.
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-1108, eff. 1-1-13; 97-1150, eff.
1-25-13.)

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Section 10-60. The Fish and Aquatic Life Code is amended
by changing Section 1-215 as follows:
(515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
Sec. 1-215. Illegal fishing devices; public nuisance.
Every fishing device, including seines, nets, or traps, or any
electrical device or any other devices, including vehicles,
watercraft, or aircraft, used or operated illegally or
attempted to be used or operated illegally by any person in
taking, transporting, holding, or conveying any aquatic life
contrary to this Code, including administrative rules, shall
be deemed a public nuisance and therefore illegal and subject
to seizure and confiscation by any authorized employee of the
Department. Upon the seizure of such an item the Department
shall take and hold the item until disposed of as provided in
this Code.
Upon the seizure of any device because of its illegal use,
the officer or authorized employee of the Department making
the seizure shall, as soon as reasonably possible, cause a
complaint to be filed before the Circuit Court and a summons to
be issued requiring the owner or person in possession of the
property to appear in court and show cause why the device
seized should not be forfeited to the State. Upon the return of
the summons duly served or upon posting or publication of
notice as provided in this Code, the court shall proceed to

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determine the question of the illegality of the use of the
seized property. Upon judgment being entered to the effect
that the property was illegally used, an order shall be
entered providing for the forfeiture of the seized property to
the State. The owner of the property, however, may have a jury
determine the illegality of its use, and shall have the right
of an appeal as in other civil cases. Confiscation or
forfeiture shall not preclude or mitigate against prosecution
and assessment of penalties provided in Section 20-35 of this
Code.
Upon seizure of any property under circumstances
supporting a reasonable belief that the property was
abandoned, lost, stolen, or otherwise illegally possessed or
used contrary to this Code, except property seized during a
search or arrest, and ultimately returned, destroyed, or
otherwise disposed of under order of a court in accordance
with this Code, the authorized employee of the Department
shall make reasonable inquiry and efforts to identify and
notify the owner or other person entitled to possession of the
property and shall return the property after the person
provides reasonable and satisfactory proof of his or her
ownership or right to possession and reimburses the Department
for all reasonable expenses of custody. If the identity or
location of the owner or other person entitled to possession
of the property has not been ascertained within 6 months after
the Department obtains possession, the Department shall

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effectuate the sale of the property for cash to the highest
bidder at a public auction. The owner or other person entitled
to possession of the property may claim and recover possession
of the property at any time before its sale at public auction
upon providing reasonable and satisfactory proof of ownership
or right of possession and reimbursing the Department for all
reasonable expenses of custody.
Any property forfeited to the State by court order under
this Section may be disposed of by public auction, except that
any property that is the subject of a court order shall not be
disposed of pending appeal of the order. The proceeds of the
sales at auction shall be deposited in the Wildlife and Fish
Fund.
The Department shall pay all costs of posting or
publication of notices required by this Section.
Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act of
2025.
(Source: P.A. 100-512, eff. 7-1-18.)
Section 10-65. The Wildlife Code is amended by changing
Section 1.25 as follows:
(520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
Sec. 1.25. Every hunting or trapping device, vehicle or
conveyance, when used or operated illegally, or attempted to

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be used or operated illegally by any person in taking,
transporting, holding, or conveying any wild bird or wild
mammal, contrary to the provisions of this Act, including
administrative rules, is a public nuisance and subject to
seizure and confiscation by any authorized employee of the
Department; upon the seizure of such item the Department shall
take and hold the same until disposed of as hereinafter
provided.
Upon the seizure of any property as herein provided, the
authorized employee of the Department making such seizure
shall forthwith cause a complaint to be filed before the
Circuit Court and a summons to be issued requiring the person
who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such
property to appear in court and show cause why the property
seized should not be forfeited to the State. Upon the return of
the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the
illegality of the use of the seized property and upon judgment
being entered to the effect that such property was illegally
used, an order may be entered providing for the forfeiture of
such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such
property may have a jury determine the illegality of its use,
and shall have the right of an appeal, as in other cases. Such
confiscation or forfeiture shall not preclude or mitigate

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against prosecution and assessment of penalties otherwise
provided in this Act.
Upon seizure of any property under circumstances
supporting a reasonable belief that such property was
abandoned, lost or stolen or otherwise illegally possessed or
used contrary to the provisions of this Act, except property
seized during a search or arrest, and ultimately returned,
destroyed, or otherwise disposed of pursuant to order of a
court in accordance with this Act, the authorized employee of
the Department shall make reasonable inquiry and efforts to
identify and notify the owner or other person entitled to
possession thereof, and shall return the property after such
person provides reasonable and satisfactory proof of his
ownership or right to possession and reimburses the Department
for all reasonable expenses of such custody. If the identity
or location of the owner or other person entitled to
possession of the property has not been ascertained within 6
months after the Department obtains such possession, the
Department shall effectuate the sale of the property for cash
to the highest bidder at a public auction. The owner or other
person entitled to possession of such property may claim and
recover possession of the property at any time before its sale
at public auction, upon providing reasonable and satisfactory
proof of ownership or right of possession and reimbursing the
Department for all reasonable expenses of custody thereof.
Any property, including guns, forfeited to the State by

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court order pursuant to this Section, may be disposed of by
public auction, except that any property which is the subject
of such a court order shall not be disposed of pending appeal
of the order. The proceeds of the sales at auction shall be
deposited in the Wildlife and Fish Fund.
The Department shall pay all costs of notices required by
this Section.
Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act of
2025.
(Source: P.A. 100-512, eff. 7-1-18.)
Section 10-70. The Criminal Code of 2012 is amended by
changing Sections 10-9, 11-14.4, 11-20, 11-20.1, 11-20.4,
11-23.5, 11-23.7, 12C-65, 17-6.3, 17-10.6, 17-50, 28-5,
29D-65, 47-15, and 48-1 as follows:
(720 ILCS 5/10-9)
Sec. 10-9. Trafficking in persons, involuntary servitude,
and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in Section
12-6.
(2) "Commercial sexual activity" means any sex act on
account of which anything of value is given, promised to, or
received by any person.

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(2.5) "Company" means any sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership,
limited liability limited partnership, limited liability
company, or other entity or business association, including
all wholly owned subsidiaries, majority-owned subsidiaries,
parent companies, or affiliates of those entities or business
associations, that exist for the purpose of making profit.
(3) "Financial harm" includes intimidation that brings
about financial loss, criminal usury, or employment contracts
that violate the Frauds Act.
(4) (Blank).
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services, to
secure continued performance thereof, regardless of any
initial agreement on the part of the victim to perform that
type of service.
(7) "Obtain" means, in relation to labor or services, to
secure performance thereof.
(7.5) "Serious harm" means any harm, whether physical or
nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all the
surrounding circumstances, to compel a reasonable person of
the same background and in the same circumstances to perform
or to continue performing labor or services in order to avoid
incurring that harm.

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(8) "Services" means activities resulting from a
relationship between a person and the actor in which the
person performs activities under the supervision of or for the
benefit of the actor. Commercial sexual activity and
sexually-explicit performances are forms of activities that
are "services" under this Section. Nothing in this definition
may be construed to legitimize or legalize prostitution.
(9) "Sexually-explicit performance" means a live,
recorded, broadcast (including over the Internet), or public
act or show intended to arouse or satisfy the sexual desires or
appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to the
practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits involuntary
servitude when he or she knowingly subjects, attempts to
subject, or engages in a conspiracy to subject another person
to labor or services obtained or maintained through any of the
following means, or any combination of these means:
(1) causes or threatens to cause physical harm to any
person;
(2) physically restrains or threatens to physically
restrain another person;
(3) abuses or threatens to abuse the law or legal
process;
(4) knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport

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or other immigration document, or any other actual or
purported government identification document, of another
person;
(5) uses intimidation, or exerts financial control
over any person; or
(6) uses any scheme, plan, or pattern intended to
cause the person to believe that, if the person did not
perform the labor or services, that person or another
person would suffer serious harm or physical restraint.
Sentence. Except as otherwise provided in subsection (e)
or (f), a violation of subsection (b)(1) is a Class X felony,
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits involuntary sexual servitude of a minor when he or she
knowingly recruits, entices, harbors, transports, provides, or
obtains by any means, or attempts to recruit, entice, harbor,
provide, or obtain by any means, another person under 18 years
of age, knowing that the minor will engage in commercial
sexual activity, a sexually-explicit performance, or the
production of pornography, or causes or attempts to cause a
minor to engage in one or more of those activities and:
(1) there is no overt force or threat and the minor is
between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is
under the age of 17 years; or

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(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e)
or (f), a violation of subsection (c)(1) is a Class 1 felony,
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking
in persons when he or she knowingly: (1) recruits, entices,
harbors, transports, provides, or obtains by any means, or
attempts to recruit, entice, harbor, transport, provide, or
obtain by any means, another person, intending or knowing that
the person will be subjected to involuntary servitude; or (2)
benefits, financially or by receiving anything of value, from
participation in a venture that has engaged in an act of
involuntary servitude or involuntary sexual servitude of a
minor. A company commits trafficking in persons when the
company knowingly benefits, financially or by receiving
anything of value, from participation in a venture that has
engaged in an act of involuntary servitude or involuntary
sexual servitude of a minor.
Sentence. Except as otherwise provided in subsection (e)
or (f), a violation of this subsection by a person is a Class 1
felony. A violation of this subsection by a company is a
business offense for which a fine of up to $100,000 may be
imposed.
(e) Aggravating factors. A violation of this Section
involving kidnapping or an attempt to kidnap, aggravated
criminal sexual assault or an attempt to commit aggravated

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criminal sexual assault, or an attempt to commit first degree
murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this
Section, a victim suffered bodily injury, the defendant
may be sentenced to an extended-term sentence under
Section 5-8-2 of the Unified Code of Corrections. The
sentencing court must take into account the time in which
the victim was held in servitude, with increased penalties
for cases in which the victim was held for between 180 days
and one year, and increased penalties for cases in which
the victim was held for more than one year.
(2) Number of victims. In determining sentences within
statutory maximums, the sentencing court should take into
account the number of victims, and may provide for
substantially increased sentences in cases involving more
than 10 victims.
(g) Restitution. Restitution is mandatory under this
Section. In addition to any other amount of loss identified,
the court shall order restitution including the greater of (1)
the gross income or value to the defendant of the victim's
labor or services or (2) the value of the victim's labor as
guaranteed under the Minimum Wage Law and overtime provisions
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
whichever is greater.
(g-5) Fine distribution. If the court imposes a fine under

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subsection (b), (c), or (d) of this Section, it shall be
collected and distributed to the Specialized Services for
Survivors of Human Trafficking Fund in accordance with Section
5-9-1.21 of the Unified Code of Corrections.
(h) Trafficking victim services. Subject to the
availability of funds, the Department of Human Services may
provide or fund emergency services and assistance to
individuals who are victims of one or more offenses defined in
this Section.
(i) Certification. The Attorney General, a State's
Attorney, or any law enforcement official shall certify in
writing to the United States Department of Justice or other
federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under
this Section has begun and the individual who is a likely
victim of a crime described in this Section is willing to
cooperate or is cooperating with the investigation to enable
the individual, if eligible under federal law, to qualify for
an appropriate special immigrant visa and to access available
federal benefits. Cooperation with law enforcement shall not
be required of victims of a crime described in this Section who
are under 18 years of age. This certification shall be made
available to the victim and his or her designated legal
representative.
(j) A person who commits involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in

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persons under subsection (b), (c), or (d) of this Section is
subject to the property forfeiture provisions set forth in the
Criminal Forfeiture Process Act Article 124B of the Code of
Criminal Procedure of 1963.
(Source: P.A. 101-18, eff. 1-1-20.)
(720 ILCS 5/11-14.4)
Sec. 11-14.4. Promoting juvenile prostitution.
(a) Any person who knowingly performs any of the following
acts commits promoting juvenile prostitution:
(1) advances prostitution as defined in Section
11-0.1, where the minor engaged in prostitution, or any
person engaged in prostitution in the place, is under 18
years of age or is a person with a severe or profound
intellectual disability at the time of the offense;
(2) profits from prostitution by any means where the
prostituted person is under 18 years of age or is a person
with a severe or profound intellectual disability at the
time of the offense;
(3) profits from prostitution by any means where the
prostituted person is under 13 years of age at the time of
the offense;
(4) confines a child under the age of 18 or a person
with a severe or profound intellectual disability against
his or her will by the infliction or threat of imminent
infliction of great bodily harm or permanent disability or

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disfigurement or by administering to the child or the
person with a severe or profound intellectual disability,
without his or her consent or by threat or deception and
for other than medical purposes, any alcoholic intoxicant
or a drug as defined in the Illinois Controlled Substances
Act or the Cannabis Control Act or methamphetamine as
defined in the Methamphetamine Control and Community
Protection Act and:
(A) compels the child or the person with a severe
or profound intellectual disability to engage in
prostitution;
(B) arranges a situation in which the child or the
person with a severe or profound intellectual
disability may practice prostitution; or
(C) profits from prostitution by the child or the
person with a severe or profound intellectual
disability.
(b) For purposes of this Section, administering drugs, as
defined in subdivision (a)(4), or an alcoholic intoxicant to a
child under the age of 13 or a person with a severe or profound
intellectual disability shall be deemed to be without consent
if the administering is done without the consent of the
parents or legal guardian or if the administering is performed
by the parents or legal guardian for other than medical
purposes.
(c) If the accused did not have a reasonable opportunity

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to observe the prostituted person, it is an affirmative
defense to a charge of promoting juvenile prostitution, except
for a charge under subdivision (a)(4), that the accused
reasonably believed the person was of the age of 18 years or
over or was not a person with a severe or profound intellectual
disability at the time of the act giving rise to the charge.
(d) Sentence. A violation of subdivision (a)(1) is a Class
1 felony, unless committed within 1,000 feet of real property
comprising a school, in which case it is a Class X felony. A
violation of subdivision (a)(2) is a Class 1 felony. A
violation of subdivision (a)(3) is a Class X felony. A
violation of subdivision (a)(4) is a Class X felony, for which
the person shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 60 years. A second or
subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
or any combination of convictions under subdivision (a)(1),
(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-15 (soliciting for a prostitute), 11-15.1
(soliciting for a juvenile prostitute), 11-16 (pandering),
11-17 (keeping a place of prostitution), 11-17.1 (keeping a
place of juvenile prostitution), 11-18 (patronizing a
prostitute), 11-18.1 (patronizing a juvenile prostitute),
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child) of
this Code, is a Class X felony.

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(e) Forfeiture. Any person convicted of a violation of
this Section that involves promoting juvenile prostitution by
keeping a place of juvenile prostitution or convicted of a
violation of subdivision (a)(4) is subject to the property
forfeiture provisions set forth in the Criminal Forfeiture
Process Act Article 124B of the Code of Criminal Procedure of
1963.
(f) For the purposes of this Section, "prostituted person"
means any person who engages in, or agrees or offers to engage
in, any act of sexual penetration as defined in Section 11-0.1
of this Code for any money, property, token, object, or
article or anything of value, or any touching or fondling of
the sex organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/11-20) (from Ch. 38, par. 11-20)
Sec. 11-20. Obscenity.
(a) Elements of the Offense. A person commits obscenity
when, with knowledge of the nature or content thereof, or
recklessly failing to exercise reasonable inspection which
would have disclosed the nature or content thereof, he or she:
(1) Sells, delivers or provides, or offers or agrees
to sell, deliver or provide any obscene writing, picture,
record or other representation or embodiment of the

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obscene; or
(2) Presents or directs an obscene play, dance or
other performance or participates directly in that portion
thereof which makes it obscene; or
(3) Publishes, exhibits or otherwise makes available
anything obscene; or
(4) Performs an obscene act or otherwise presents an
obscene exhibition of his or her body for gain; or
(5) Creates, buys, procures or possesses obscene
matter or material with intent to disseminate it in
violation of this Section, or of the penal laws or
regulations of any other jurisdiction; or
(6) Advertises or otherwise promotes the sale of
material represented or held out by him or her to be
obscene, whether or not it is obscene.
(b) Obscene Defined.
Any material or performance is obscene if: (1) the average
person, applying contemporary adult community standards, would
find that, taken as a whole, it appeals to the prurient
interest; and (2) the average person, applying contemporary
adult community standards, would find that it depicts or
describes, in a patently offensive way, ultimate sexual acts
or sadomasochistic sexual acts, whether normal or perverted,
actual or simulated, or masturbation, excretory functions or
lewd exhibition of the genitals; and (3) taken as a whole, it
lacks serious literary, artistic, political or scientific

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value.
(c) Interpretation of Evidence.
Obscenity shall be judged with reference to ordinary
adults, except that it shall be judged with reference to
children or other specially susceptible audiences if it
appears from the character of the material or the
circumstances of its dissemination to be specially designed
for or directed to such an audience.
Where circumstances of production, presentation, sale,
dissemination, distribution, or publicity indicate that
material is being commercially exploited for the sake of its
prurient appeal, such evidence is probative with respect to
the nature of the matter and can justify the conclusion that
the matter is lacking in serious literary, artistic, political
or scientific value.
In any prosecution for an offense under this Section
evidence shall be admissible to show:
(1) The character of the audience for which the
material was designed or to which it was directed;
(2) What the predominant appeal of the material would
be for ordinary adults or a special audience, and what
effect, if any, it would probably have on the behavior of
such people;
(3) The artistic, literary, scientific, educational or
other merits of the material, or absence thereof;
(4) The degree, if any, of public acceptance of the

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material in this State;
(5) Appeal to prurient interest, or absence thereof,
in advertising or other promotion of the material;
(6) Purpose of the author, creator, publisher or
disseminator.
(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent
offense is a Class 4 felony.
(e) Permissive Inference.
The trier of fact may infer an intent to disseminate from
the creation, purchase, procurement or possession of a mold,
engraved plate or other embodiment of obscenity specially
adapted for reproducing multiple copies, or the possession of
more than 3 copies of obscene material.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the
dissemination:
(1) Was not for gain and was made to personal
associates other than children under 18 years of age;
(2) Was to institutions or individuals having
scientific or other special justification for possession
of such material.
(g) Forfeiture of property. A person who has been
convicted previously of the offense of obscenity and who is
convicted of a second or subsequent offense of obscenity is
subject to the property forfeiture provisions set forth in the

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Criminal Forfeiture Process Act Article 124B of the Code of
Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he
or she knows or reasonably should know to be under the age
of 18 or any person with a severe or profound intellectual
disability where such child or person with a severe or
profound intellectual disability is:
(i) actually or by simulation engaged in any act
of sexual penetration or sexual conduct with any
person or animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child or person with a severe or
profound intellectual disability and the mouth, anus,
or sex organs of another person or animal; or which
involves the mouth, anus or sex organs of the child or
person with a severe or profound intellectual
disability and the sex organs of another person or
animal; or

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(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or
(v) actually or by simulation engaged in any act
of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture
or setting involving a lewd exhibition of the
unclothed or transparently clothed genitals, pubic
area, buttocks, or, if such person is female, a fully
or partially developed breast of the child or other
person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child or person with a
severe or profound intellectual disability whom the person
knows or reasonably should know to be under the age of 18
or to be a person with a severe or profound intellectual

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disability, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction
by computer which includes a child whom the person knows
or reasonably should know to be under the age of 18 or a
person with a severe or profound intellectual disability
engaged in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he or she knows or reasonably
should know to be under the age of 18 or a person with a
severe or profound intellectual disability to appear in
any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction or
depiction by computer in which the child or person with a
severe or profound intellectual disability is or will be
depicted, actually or by simulation, in any act, pose or
setting described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person
knows or reasonably should know to be under the age of 18
or a person with a severe or profound intellectual

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disability and who knowingly permits, induces, promotes,
or arranges for such child or person with a severe or
profound intellectual disability to appear in any stage
play, live performance, film, videotape, photograph or
other similar visual presentation, portrayal or simulation
or depiction by computer of any act or activity described
in subparagraphs (i) through (vii) of paragraph (1) of
this subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or person with a severe or profound intellectual
disability whom the person knows or reasonably should know
to be under the age of 18 or to be a person with a severe
or profound intellectual disability, engaged in any
activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces, a person to provide a child under the
age of 18 or a person with a severe or profound
intellectual disability to appear in any videotape,
photograph, film, stage play, live presentation, or other
similar visual reproduction or depiction by computer in
which the child or person with a severe or profound
intellectual disability will be depicted, actually or by
simulation, in any act, pose, or setting described in

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subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(a-5) The possession of each individual film, videotape,
photograph, or other similar visual reproduction or depiction
by computer in violation of this Section constitutes a single
and separate violation. This subsection (a-5) does not apply
to multiple copies of the same film, videotape, photograph, or
other similar visual reproduction or depiction by computer
that are identical to each other.
(b)(1) It shall be an affirmative defense to a charge of
child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years of
age or older or that the person was not a person with a severe
or profound intellectual disability but only where, prior to
the act or acts giving rise to a prosecution under this
Section, he or she took some affirmative action or made a
bonafide inquiry designed to ascertain whether the child was
18 years of age or older or that the person was not a person
with a severe or profound intellectual disability and his or
her reliance upon the information so obtained was clearly
reasonable.
(1.5) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section
by virtue of the transmission, storage, or caching of

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electronic communications or messages of others or by virtue
of the provision of other related telecommunications,
commercial mobile services, or information services used by
others in violation of this Section.
(2) (Blank).
(3) The charge of child pornography shall not apply to the
performance of official duties by law enforcement or
prosecuting officers or persons employed by law enforcement or
prosecuting agencies, court personnel or attorneys, nor to
bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers. In any criminal proceeding, any property or material
that constitutes child pornography shall remain in the care,
custody, and control of either the State or the court. A motion
to view the evidence shall comply with subsection (e-5) of
this Section.
(4) If the defendant possessed more than one of the same
film, videotape or visual reproduction or depiction by
computer in which child pornography is depicted, then the
trier of fact may infer that the defendant possessed such
materials with the intent to disseminate them.
(5) The charge of child pornography does not apply to a
person who does not voluntarily possess a film, videotape, or
visual reproduction or depiction by computer in which child
pornography is depicted. Possession is voluntary if the
defendant knowingly procures or receives a film, videotape, or

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visual reproduction or depiction for a sufficient time to be
able to terminate his or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
shall be deemed a crime of violence.
(c) If the violation does not involve a film, videotape,
or other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or
other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class X felony with a
mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation does not involve a film, videotape,
or other moving depiction, a violation of paragraph (3) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $1500 and a maximum fine of $100,000. If the violation
involves a film, videotape, or other moving depiction, a
violation of paragraph (3) of subsection (a) is a Class X
felony with a mandatory minimum fine of $1500 and a maximum
fine of $100,000. If the violation does not involve a film,
videotape, or other moving depiction, a violation of paragraph
(2) of subsection (a) is a Class 1 felony with a mandatory

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minimum fine of $1000 and a maximum fine of $100,000. If the
violation involves a film, videotape, or other moving
depiction, a violation of paragraph (2) of subsection (a) is a
Class X felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000. If the violation does not involve a
film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 3 felony with a
mandatory minimum fine of $1000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or
other moving depiction, a violation of paragraph (6) of
subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a violation of paragraph (6)
of subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a person who commits a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of

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a child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class X felony for which the
person shall be sentenced to a term of imprisonment of not less
than 9 years with a mandatory minimum fine of $2,000 and a
maximum fine of $100,000. Where the child depicted is under
the age of 13, a person who commits a violation of paragraph
(6) of subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1,000 and a maximum fine of
$100,000. The issue of whether the child depicted is under the
age of 13 is an element of the offense to be resolved by the
trier of fact.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric

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examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a
child under the age of 18 or a person with a severe or profound
intellectual disability engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited
in the manner, method and procedure provided by Section 36-1
of this Code for the seizure and forfeiture of vessels,
vehicles and aircraft.
In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in the
Criminal Forfeiture Process Act Article 124B of the Code of
Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice

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of the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5)
may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or
data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(5) "Depiction by computer" means a computer program
or data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(6) "Computer", "computer program", and "data" have

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the meanings ascribed to them in Section 17.05 of this
Code.
(7) For the purposes of this Section, "child
pornography" includes a film, videotape, photograph, or
other similar visual medium or reproduction or depiction
by computer that is, or appears to be, that of a person,
either in part, or in total, under the age of 18 or a
person with a severe or profound intellectual disability,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is created, adopted, or modified
to appear as such. "Child pornography" also includes a
film, videotape, photograph, or other similar visual
medium or reproduction or depiction by computer that is
advertised, promoted, presented, described, or distributed
in such a manner that conveys the impression that the
film, videotape, photograph, or other similar visual
medium or reproduction or depiction by computer is of a
person under the age of 18 or a person with a severe or
profound intellectual disability. "Child pornography"
includes the depiction of a part of an actual child under
the age of 18 who, by manipulation, creation, or
modification, appears to be engaged in any activity
described in subparagraphs (i) through (vii) of paragraph
(1) of subsection (a). "Child pornography" does not
include images or materials in which the creator of the

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image or materials is the sole subject of the depiction.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the
child pornography statute, Section 11-20.1 of the
Criminal Code of 1961. Section 50-5 also contained
other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A)
Article 5 was entitled JUVENILE JUSTICE and amended
the Juvenile Court Act of 1987. (B) Article 15 was
entitled GANGS and amended various provisions of the
Criminal Code of 1961 and the Unified Code of
Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
and amended various provisions of the Illinois Vehicle
Code. (D) Article 25 was entitled DRUG ABUSE and
amended the Cannabis Control Act and the Illinois
Controlled Substances Act. (E) Article 30 was entitled
FIREARMS and amended the Criminal Code of 1961 and the
Code of Criminal Procedure of 1963. (F) Article 35
amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code
of 1961 to increase the penalty for compelling
organization membership of persons. (H) Article 45

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created the Secure Residential Youth Care Facility
Licensing Act and amended the State Finance Act, the
Juvenile Court Act of 1987, the Unified Code of
Corrections, and the Private Correctional Facility
Moratorium Act. (I) Article 50 amended the WIC Vendor
Management Act, the Firearm Owners Identification Card
Act, the Juvenile Court Act of 1987, the Criminal Code
of 1961, the Wrongs to Children Act, and the Unified
Code of Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single
subject clause of the Illinois Constitution (Article
IV, Section 8 (d)) and was unconstitutional in its
entirety. As of the time this amendatory Act of 1999
was prepared, People v. Dainty was still subject to
appeal.
(iv) Child pornography is a vital concern to the
people of this State and the validity of future
prosecutions under the child pornography statute of
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions
for child pornography that may result from challenges to
the constitutional validity of Public Act 88-680 by
re-enacting the Section relating to child pornography that

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was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section; it
is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as existing
text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty
was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of
Section 11-20.1 of the Criminal Code of 1961 relating to
child pornography that was amended by Public Act 88-680 is
not intended, and shall not be construed, to imply that
Public Act 88-680 is invalid or to limit or impair any
legal argument concerning whether those provisions were
substantially re-enacted by other Public Acts.
(Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25.)
(720 ILCS 5/11-20.4)
Sec. 11-20.4. Obscene depiction of a purported child.
(a) In this Section:
"Obscene depiction" means a visual representation of
any kind, including an image, video, or computer-generated
image or video, whether made, produced, or altered by

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electronic, mechanical, or other means, that:
(i) the average person, applying contemporary
adult community standards, would find that, taken as a
whole, it appeals to the prurient interest;
(ii) the average person, applying contemporary
adult community standards, would find that it depicts
or describes, in a patently offensive way, sexual acts
or sadomasochistic sexual acts, whether normal or
perverted, actual or simulated, or masturbation,
excretory functions, or lewd exhibition of the
unclothed or transparently clothed genitals, pubic
area, buttocks or, if such person is a female, the
fully or partially developed breast of the child or
other person; and
(iii) taken as a whole, it lacks serious literary,
artistic, political, or scientific value.
"Purported child" means a visual representation that
appears to depict a child under the age of 18 but may or
may not depict an actual child under the age of 18.
(b) A person commits obscene depiction of a purported
child when, with knowledge of the nature or content thereof,
the person:
(1) receives, obtains, or accesses in any way with the
intent to view, any obscene depiction of a purported
child; or
(2) reproduces, disseminates, offers to disseminate,

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exhibits, or possesses with intent to disseminate, any
obscene depiction of a purported child.
(c) A violation of paragraph (1) of subsection (b) is a
Class 3 felony, and a second or subsequent offense is a Class 2
felony. A violation of paragraph (2) of subsection (b) is a
Class 1 felony, and a second or subsequent offense is a Class X
felony.
(d) If the age of the purported child depicted is under the
age of 13, a violation of paragraph (1) of subsection (b) is a
Class 2 felony, and a second or subsequent offense is a Class 1
felony. If the age of the purported child depicted is under the
age of 13, a violation of paragraph (2) of subsection (b) is a
Class X felony, and a second or subsequent offense is a Class X
felony for which the person shall be sentenced to a term of
imprisonment of not less than 9 years.
(e) Nothing in this Section shall be construed to impose
liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(f) A person convicted under this Section is subject to

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the forfeiture provisions in the Criminal Forfeiture Process
Act Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 103-825, eff. 1-1-25.)
(720 ILCS 5/11-23.5)
Sec. 11-23.5. Non-consensual dissemination of private
sexual images.
(a) Definitions. For the purposes of this Section:
"Computer", "computer program", and "data" have the
meanings ascribed to them in Section 17-0.5 of this Code.
"Image" includes a photograph, film, videotape,
digital recording, or other depiction or portrayal of an
object, including a human body.
"Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area,
anus, or if the person is female, a partially or fully
exposed nipple, including exposure through transparent
clothing.
"Personal identifying information" has the meaning
ascribed to the term in Section 16-0.1.
"Sexual act" means sexual penetration, masturbation,
or sexual activity.
"Sexual activity" means any:
(1) knowing touching or fondling by the victim or
another person or animal, either directly or through
clothing, of the sex organs, anus, or breast of the

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victim or another person or animal for the purpose of
sexual gratification or arousal; or
(2) any transfer or transmission of semen upon any
part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of
the victim or another; or
(3) an act of urination within a sexual context;
or
(4) any bondage, fetter, or sadism masochism; or
(5) sadomasochism abuse in any sexual context.
(b) A person commits non-consensual dissemination of
private sexual images when he or she:
(1) intentionally disseminates an image of another
person:
(A) (blank); and
(B) who is identifiable from the image itself, or
whose personal identifying information is displayed or
disseminated in connection with the image, or whose
identity is known to the person who disseminated the
image; and
(C) who is engaged in a sexual act or whose
intimate parts are exposed, in whole or in part; and
(2) obtains the image under circumstances in which a
reasonable person would know or understand that the image
was to remain private; and
(3) knows or should have known that the person in the

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image has not consented to the dissemination.
(c) The following activities are exempt from the
provisions of this Section:
(1) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is made for the purpose of a criminal investigation that
is otherwise lawful.
(2) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is for the purpose of, or in connection with, the
reporting of unlawful conduct.
(3) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the images
involve voluntary exposure in public or commercial
settings.
(4) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
serves a lawful public purpose.
(d) Nothing in this Section shall be construed to impose
liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47

HB1717 - 120 - LRB104 05515 RLC 17325 b
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(e) A person convicted under this Section is subject to
the forfeiture provisions in the Criminal Forfeiture Process
Act Article 124B of the Code of Criminal Procedure of 1963.
(f) Sentence. Non-consensual dissemination of private
sexual images is a Class 4 felony.
(Source: P.A. 103-825, eff. 1-1-25.)
(720 ILCS 5/11-23.7)
Sec. 11-23.7. Non-consensual dissemination of sexually
explicit digitized depictions.
(a) Definitions. For the purposes of this Section:
"Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area, anus,
or if the person is female, a partially or fully exposed
nipple, including exposure through transparent clothing.
"Personal identifying information" has the meaning
ascribed to it in Section 16-0.1.
"Sexual activity" means:
(1) any knowing touching or fondling of the victim or
another person or animal, either directly or through

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clothing, of the sex organs, anus, or breast of the victim
or another person or animal for the purpose of sexual
gratification or arousal;
(2) any transfer or transmission of semen upon any
part of the clothed or unclothed body of the victim, for
the purpose of sexual gratification or arousal of the
victim or another;
(3) an act of urination within a sexual context;
(4) any bondage, fetter, or sadism masochism; or
(5) sadomasochism abuse in any sexual context.
"Sexually explicit digitized depiction" means any image,
photograph, film, video, digital recording, or other depiction
or portrayal that has been created, altered, or otherwise
modified to realistically depict either:
(1) the intimate parts of another human being as the
intimate parts of the depicted individual or
computer-generated intimate parts as the intimate parts of
the depicted individual; or
(2) the depicted individual engaging in sexual
activity in which the depicted individual did not engage.
(b) A person commits non-consensual dissemination of
sexually explicit digitized depictions when the person:
(1) intentionally disseminates a sexually explicit
digitized depiction of another person who is identifiable
from the image itself, or whose personal identifying
information is displayed or disseminated in connection

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with the image, or whose identity identify is known to the
person who disseminates the image; and
(2) knows or should have known that the person in the
image has not consented to the dissemination.
(c) The following activities are exempt from the
provisions of this Section:
(1) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is made for the purpose of a criminal investigation that
is otherwise lawful.
(2) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is for the purpose of, or in connection with, the
reporting of unlawful conduct.
(3) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the images
involve voluntary exposure in public or commercial
settings.
(4) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
serves a lawful public purpose.
(d) Nothing in this Section shall be construed to impose

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liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(e) A person convicted under this Section is subject to
the forfeiture provisions in the Criminal Forfeiture Process
Act Article 124B of the Code of Criminal Procedure of 1963.
(f) Sentence. Non-consensual dissemination of sexually
explicit digitized depictions is a Class 4 felony.
(Source: P.A. 103-825, eff. 1-1-25; revised 10-24-24.)
(720 ILCS 5/12C-65) (was 720 ILCS 5/44-2 and 5/44-3)
Sec. 12C-65. Unlawful transfer of a telecommunications
device to a minor.
(a) A person commits unlawful transfer of a
telecommunications device to a minor when he or she gives,
sells or otherwise transfers possession of a
telecommunications device to a person under 18 years of age
with the intent that the device be used to commit any offense
under this Code, the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and

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Community Protection Act.
(b) "Telecommunications device" or "device" means a device
which is portable or which may be installed in a motor vehicle,
boat or other means of transportation, and which is capable of
receiving or transmitting speech, data, signals or other
information, including but not limited to paging devices,
cellular and mobile telephones, and radio transceivers,
transmitters and receivers, but not including radios designed
to receive only standard AM and FM broadcasts.
(c) Sentence. A violation of this Section is a Class A
misdemeanor.
(d) Seizure and forfeiture of property. Any person who
commits the offense of unlawful transfer of a
telecommunications device to a minor as set forth in this
Section is subject to the property forfeiture provisions in
the Criminal Forfeiture Process Act Article 124B of the Code
of Criminal Procedure of 1963.
(Source: P.A. 97-1109, eff. 1-1-13.)
(720 ILCS 5/17-6.3)
Sec. 17-6.3. WIC fraud.
(a) For the purposes of this Section, the Special
Supplemental Food Program for Women, Infants and Children
administered by the Illinois Department of Public Health or
Department of Human Services shall be referred to as "WIC".
(b) A person commits WIC fraud if he or she knowingly (i)

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uses, acquires, possesses, or transfers WIC Food Instruments
or authorizations to participate in WIC in any manner not
authorized by law or the rules of the Illinois Department of
Public Health or Department of Human Services or (ii) uses,
acquires, possesses, or transfers altered WIC Food Instruments
or authorizations to participate in WIC.
(c) Administrative malfeasance.
(1) A person commits administrative malfeasance if he
or she knowingly or recklessly misappropriates, misuses,
or unlawfully withholds or converts to his or her own use
or to the use of another any public funds made available
for WIC.
(2) An official or employee of the State or a unit of
local government who knowingly aids, abets, assists, or
participates in a known violation of this Section is
subject to disciplinary proceedings under the rules of the
applicable State agency or unit of local government.
(d) Unauthorized possession of identification document. A
person commits unauthorized possession of an identification
document if he or she knowingly possesses, with intent to
commit a misdemeanor or felony, another person's
identification document issued by the Illinois Department of
Public Health or Department of Human Services. For purposes of
this Section, "identification document" includes, but is not
limited to, an authorization to participate in WIC or a card or
other document that identifies a person as being entitled to

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WIC benefits.
(e) Penalties.
(1) If an individual, firm, corporation, association,
agency, institution, or other legal entity is found by a
court to have engaged in an act, practice, or course of
conduct declared unlawful under subsection (a), (b), or
(c) of this Section and:
(A) the total amount of money involved in the
violation, including the monetary value of the WIC
Food Instruments and the value of commodities, is less
than $150, the violation is a Class A misdemeanor; a
second or subsequent violation is a Class 4 felony;
(B) the total amount of money involved in the
violation, including the monetary value of the WIC
Food Instruments and the value of commodities, is $150
or more but less than $1,000, the violation is a Class
4 felony; a second or subsequent violation is a Class 3
felony;
(C) the total amount of money involved in the
violation, including the monetary value of the WIC
Food Instruments and the value of commodities, is
$1,000 or more but less than $5,000, the violation is a
Class 3 felony; a second or subsequent violation is a
Class 2 felony;
(D) the total amount of money involved in the
violation, including the monetary value of the WIC

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Food Instruments and the value of commodities, is
$5,000 or more but less than $10,000, the violation is
a Class 2 felony; a second or subsequent violation is a
Class 1 felony; or
(E) the total amount of money involved in the
violation, including the monetary value of the WIC
Food Instruments and the value of commodities, is
$10,000 or more, the violation is a Class 1 felony and
the defendant shall be permanently ineligible to
participate in WIC.
(2) A violation of subsection (d) is a Class 4 felony.
(3) The State's Attorney of the county in which the
violation of this Section occurred or the Attorney General
shall bring actions arising under this Section in the name
of the People of the State of Illinois.
(4) For purposes of determining the classification of
an offense under this subsection (e), all of the money
received as a result of the unlawful act, practice, or
course of conduct, including the value of any WIC Food
Instruments and the value of commodities, shall be
aggregated.
(f) Seizure and forfeiture of property.
(1) A person who commits a felony violation of this
Section is subject to the property forfeiture provisions
set forth in the Criminal Forfeiture Process Act Article
124B of the Code of Criminal Procedure of 1963.

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(2) Property subject to forfeiture under this
subsection (f) may be seized by the Director of the
Illinois State Police or any local law enforcement agency
upon process or seizure warrant issued by any court having
jurisdiction over the property. The Director or a local
law enforcement agency may seize property under this
subsection (f) without process under any of the following
circumstances:
(A) If the seizure is incident to inspection under
an administrative inspection warrant.
(B) If the property subject to seizure has been
the subject of a prior judgment in favor of the State
in a criminal proceeding or in an injunction or
forfeiture proceeding under the Criminal Forfeiture
Process Act Article 124B of the Code of Criminal
Procedure of 1963.
(C) If there is probable cause to believe that the
property is directly or indirectly dangerous to health
or safety.
(D) If there is probable cause to believe that the
property is subject to forfeiture under this
subsection (f) and Article 124B of the Code of
Criminal Procedure of 1963 and the property is seized
under circumstances in which a warrantless seizure or
arrest would be reasonable.
(E) In accordance with the Code of Criminal

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Procedure of 1963.
(g) Future participation as WIC vendor. A person who has
been convicted of a felony violation of this Section is
prohibited from participating as a WIC vendor for a minimum
period of 3 years following conviction and until the total
amount of money involved in the violation, including the value
of WIC Food Instruments and the value of commodities, is
repaid to WIC. This prohibition shall extend to any person
with management responsibility in a firm, corporation,
association, agency, institution, or other legal entity that
has been convicted of a violation of this Section and to an
officer or person owning, directly or indirectly, 5% or more
of the shares of stock or other evidences of ownership in a
corporate vendor.
(Source: P.A. 102-538, eff. 8-20-21.)
(720 ILCS 5/17-10.6)
Sec. 17-10.6. Financial institution fraud.
(a) Misappropriation of financial institution property. A
person commits misappropriation of a financial institution's
property whenever he or she knowingly obtains or exerts
unauthorized control over any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, or under the
custody or care of any agent, officer, director, or employee
of such financial institution.

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(b) Commercial bribery of a financial institution.
(1) A person commits commercial bribery of a financial
institution when he or she knowingly confers or offers or
agrees to confer any benefit upon any employee, agent, or
fiduciary without the consent of the latter's employer or
principal, with the intent to influence his or her conduct
in relation to his or her employer's or principal's
affairs.
(2) An employee, agent, or fiduciary of a financial
institution commits commercial bribery of a financial
institution when, without the consent of his or her
employer or principal, he or she knowingly solicits,
accepts, or agrees to accept any benefit from another
person upon an agreement or understanding that such
benefit will influence his or her conduct in relation to
his or her employer's or principal's affairs.
(c) Financial institution fraud. A person commits
financial institution fraud when he or she knowingly executes
or attempts to execute a scheme or artifice:
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits,
assets, securities, or other property owned by or under
the custody or control of a financial institution, by
means of pretenses, representations, or promises he or she
knows to be false.
(d) Loan fraud. A person commits loan fraud when he or she

HB1717 - 131 - LRB104 05515 RLC 17325 b
knowingly, with intent to defraud, makes any false statement
or report, or overvalues any land, property, or security, with
the intent to influence in any way the action of a financial
institution to act upon any application, advance, discount,
purchase, purchase agreement, repurchase agreement,
commitment, or loan, or any change or extension of any of the
same, by renewal, deferment of action, or otherwise, or the
acceptance, release, or substitution of security.
(e) Concealment of collateral. A person commits
concealment of collateral when he or she, with intent to
defraud, knowingly conceals, removes, disposes of, or converts
to the person's own use or to that of another any property
mortgaged or pledged to or held by a financial institution.
(f) Financial institution robbery. A person commits
robbery when he or she knowingly, by force or threat of force,
or by intimidation, takes, or attempts to take, from the
person or presence of another, or obtains or attempts to
obtain by extortion, any property or money or any other thing
of value belonging to, or in the care, custody, control,
management, or possession of, a financial institution.
(g) Conspiracy to commit a financial crime.
(1) A person commits conspiracy to commit a financial
crime when, with the intent that any violation of this
Section be committed, he or she agrees with another person
to the commission of that offense.
(2) No person may be convicted of conspiracy to commit

HB1717 - 132 - LRB104 05515 RLC 17325 b
a financial crime unless an overt act or acts in
furtherance of the agreement is alleged and proved to have
been committed by that person or by a co-conspirator and
the accused is a part of a common scheme or plan to engage
in the unlawful activity.
(3) It shall not be a defense to conspiracy to commit a
financial crime that the person or persons with whom the
accused is alleged to have conspired:
(A) has not been prosecuted or convicted;
(B) has been convicted of a different offense;
(C) is not amenable to justice;
(D) has been acquitted; or
(E) lacked the capacity to commit the offense.
(h) Continuing financial crimes enterprise. A person
commits a continuing financial crimes enterprise when he or
she knowingly, within an 18-month period, commits 3 or more
separate offenses constituting any combination of the
following:
(1) an offense under this Section;
(2) a felony offense in violation of Section 16A-3 or
subsection (a) of Section 16-25 or paragraph (4) or (5) of
subsection (a) of Section 16-1 of this Code for the
purpose of reselling or otherwise re-entering the
merchandise in commerce, including conveying the
merchandise to a merchant in exchange for anything of
value; or

HB1717 - 133 - LRB104 05515 RLC 17325 b
(3) if involving a financial institution, any other
felony offense under this Code.
(i) Organizer of a continuing financial crimes enterprise.
(1) A person commits being an organizer of a
continuing financial crimes enterprise when he or she:
(A) with the intent to commit any offense, agrees
with another person to the commission of any
combination of the following offenses on 3 or more
separate occasions within an 18-month period:
(i) an offense under this Section;
(ii) a felony offense in violation of Section
16A-3 or subsection (a) of Section 16-25 or
paragraph (4) or (5) of subsection (a) of Section
16-1 of this Code for the purpose of reselling or
otherwise re-entering the merchandise in commerce,
including conveying the merchandise to a merchant
in exchange for anything of value; or
(iii) if involving a financial institution,
any other felony offense under this Code; and
(B) with respect to the other persons within the
conspiracy, occupies a position of organizer,
supervisor, or financier or other position of
management.
(2) The person with whom the accused agreed to commit
the 3 or more offenses under this Section, or, if
involving a financial institution, any other felony

HB1717 - 134 - LRB104 05515 RLC 17325 b
offenses under this Code, need not be the same person or
persons for each offense, as long as the accused was a part
of the common scheme or plan to engage in each of the 3 or
more alleged offenses.
(j) Sentence.
(1) Except as otherwise provided in this subsection, a
violation of this Section, the full value of which:
(A) does not exceed $500, is a Class A
misdemeanor;
(B) does not exceed $500, and the person has been
previously convicted of a financial crime or any type
of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, or
home invasion, is guilty of a Class 4 felony;
(C) exceeds $500 but does not exceed $10,000, is a
Class 3 felony;
(D) exceeds $10,000 but does not exceed $100,000,
is a Class 2 felony;
(E) exceeds $100,000 but does not exceed $500,000,
is a Class 1 felony;
(F) exceeds $500,000 but does not exceed
$1,000,000, is a Class 1 non-probationable felony;
when a charge of financial crime, the full value of
which exceeds $500,000 but does not exceed $1,000,000,
is brought, the value of the financial crime involved
is an element of the offense to be resolved by the

HB1717 - 135 - LRB104 05515 RLC 17325 b
trier of fact as either exceeding or not exceeding
$500,000;
(G) exceeds $1,000,000, is a Class X felony; when
a charge of financial crime, the full value of which
exceeds $1,000,000, is brought, the value of the
financial crime involved is an element of the offense
to be resolved by the trier of fact as either exceeding
or not exceeding $1,000,000.
(2) A violation of subsection (f) is a Class 1 felony.
(3) A violation of subsection (h) is a Class 1 felony.
(4) A violation for subsection (i) is a Class X
felony.
(k) A "financial crime" means an offense described in this
Section.
(l) Period of limitations. The period of limitations for
prosecution of any offense defined in this Section begins at
the time when the last act in furtherance of the offense is
committed.
(m) Forfeiture. Any violation of subdivision (2) of
subsection (h) or subdivision (i)(1)(A)(ii) shall be subject
to the remedies, procedures, and forfeiture as set forth in
Article 29B of this Code.
Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act of
2025.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

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(720 ILCS 5/17-50) (was 720 ILCS 5/16D-5 and 5/16D-6)
Sec. 17-50. Computer fraud.
(a) A person commits computer fraud when he or she
knowingly:
(1) Accesses or causes to be accessed a computer or
any part thereof, or a program or data, with the intent of
devising or executing any scheme or artifice to defraud,
or as part of a deception;
(2) Obtains use of, damages, or destroys a computer or
any part thereof, or alters, deletes, or removes any
program or data contained therein, in connection with any
scheme or artifice to defraud, or as part of a deception;
or
(3) Accesses or causes to be accessed a computer or
any part thereof, or a program or data, and obtains money
or control over any such money, property, or services of
another in connection with any scheme or artifice to
defraud, or as part of a deception.
(b) Sentence.
(1) A violation of subdivision (a)(1) of this Section
is a Class 4 felony.
(2) A violation of subdivision (a)(2) of this Section
is a Class 3 felony.
(3) A violation of subdivision (a)(3) of this Section:
(i) is a Class 4 felony if the value of the money,

HB1717 - 137 - LRB104 05515 RLC 17325 b
property, or services is $1,000 or less; or
(ii) is a Class 3 felony if the value of the money,
property, or services is more than $1,000 but less
than $50,000; or
(iii) is a Class 2 felony if the value of the
money, property, or services is $50,000 or more.
(c) Forfeiture of property. Any person who commits
computer fraud as set forth in subsection (a) is subject to the
property forfeiture provisions set forth in the Criminal
Forfeiture Process Act Article 124B of the Code of Criminal
Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable
of lawful use or every device used unlawfully for gambling
shall be considered a "gambling device", and shall be subject
to seizure, confiscation and destruction by the Illinois State
Police or by any municipal, or other local authority, within
whose jurisdiction the same may be found. As used in this
Section, a "gambling device" includes any slot machine, and
includes any machine or device constructed for the reception
of money or other thing of value and so constructed as to
return, or to cause someone to return, on chance to the player
thereof money, property or a right to receive money or

HB1717 - 138 - LRB104 05515 RLC 17325 b
property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device
shall be forfeited or destroyed unless an individual with a
property interest in said device knows of the unlawful use of
the device.
(b) Every gambling device shall be seized and forfeited to
the county wherein such seizure occurs. Any money or other
thing of value integrally related to acts of gambling shall be
seized and forfeited to the county wherein such seizure
occurs.
(c) If, within 60 days after any seizure pursuant to
subparagraph (b) of this Section, a person having any property
interest in the seized property is charged with an offense,
the court which renders judgment upon such charge shall,
within 30 days after such judgment, conduct a forfeiture
hearing to determine whether such property was a gambling
device at the time of seizure. Such hearing shall be commenced
by a written petition by the State, including material
allegations of fact, the name and address of every person
determined by the State to have any property interest in the
seized property, a representation that written notice of the
date, time and place of such hearing has been mailed to every
such person by certified mail at least 10 days before such
date, and a request for forfeiture. Every such person may
appear as a party and present evidence at such hearing. The
quantum of proof required shall be a preponderance of the

HB1717 - 139 - LRB104 05515 RLC 17325 b
evidence, and the burden of proof shall be on the State. If the
court determines that the seized property was a gambling
device at the time of seizure, an order of forfeiture and
disposition of the seized property shall be entered: a
gambling device shall be received by the State's Attorney, who
shall effect its destruction, except that valuable parts
thereof may be liquidated and the resultant money shall be
deposited in the general fund of the county wherein such
seizure occurred; money and other things of value shall be
received by the State's Attorney and, upon liquidation, shall
be deposited in the general fund of the county wherein such
seizure occurred. However, in the event that a defendant
raises the defense that the seized slot machine is an antique
slot machine described in subparagraph (b) (7) of Section 28-1
of this Code and therefore he is exempt from the charge of a
gambling activity participant, the seized antique slot machine
shall not be destroyed or otherwise altered until a final
determination is made by the Court as to whether it is such an
antique slot machine. Upon a final determination by the Court
of this question in favor of the defendant, such slot machine
shall be immediately returned to the defendant. Such order of
forfeiture and disposition shall, for the purposes of appeal,
be a final order and judgment in a civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this
Section is not followed by a charge pursuant to subparagraph
(c) of this Section, or if the prosecution of such charge is

HB1717 - 140 - LRB104 05515 RLC 17325 b
permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal (1) the State's
Attorney shall commence an in rem proceeding for the
forfeiture and destruction of a gambling device, or for the
forfeiture and deposit in the general fund of the county of any
seized money or other things of value, or both, in the circuit
court and (2) any person having any property interest in such
seized gambling device, money or other thing of value may
commence separate civil proceedings in the manner provided by
law.
(e) Any gambling device displayed for sale to a riverboat
gambling operation, casino gambling operation, or organization
gaming facility or used to train occupational licensees of a
riverboat gambling operation, casino gambling operation, or
organization gaming facility as authorized under the Illinois
Gambling Act is exempt from seizure under this Section.
(f) Any gambling equipment, devices, and supplies provided
by a licensed supplier in accordance with the Illinois
Gambling Act which are removed from a riverboat, casino, or
organization gaming facility for repair are exempt from
seizure under this Section.
(g) The following video gaming terminals are exempt from
seizure under this Section:
(1) Video gaming terminals for sale to a licensed
distributor or operator under the Video Gaming Act.
(2) Video gaming terminals used to train licensed

HB1717 - 141 - LRB104 05515 RLC 17325 b
technicians or licensed terminal handlers.
(3) Video gaming terminals that are removed from a
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment for repair.
(h) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture
Reporting Act of 2025.
(i) Any sports lottery terminals provided by a central
system provider that are removed from a lottery retailer for
repair under the Sports Wagering Act are exempt from seizure
under this Section.
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
(720 ILCS 5/29D-65)
Sec. 29D-65. Forfeiture of property acquired in connection
with a violation of this Article; property freeze or seizure.
(a) If there is probable cause to believe that a person
used, is using, is about to use, or is intending to use
property in a way that would violate this Article, then that
person's assets may be frozen or seized pursuant to the
Criminal Forfeiture Process Act Part 800 of Article 124B of
the Code of Criminal Procedure of 1963.

HB1717 - 142 - LRB104 05515 RLC 17325 b
(b) Any person who commits any offense under this Article
is subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
Forfeiture under this subsection may be pursued in addition to
or in lieu of proceeding under Section 124B-805 (property
freeze or seizure; ex parte proceeding) of the Code of
Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10.)
(720 ILCS 5/47-15)
Sec. 47-15. Dumping garbage upon real property.
(a) It is unlawful for a person to dump, deposit, or place
garbage, rubbish, trash, or refuse upon real property not
owned by that person without the consent of the owner or person
in possession of the real property.
(b) A person who violates this Section is liable to the
owner or person in possession of the real property on which the
garbage, rubbish, trash, or refuse is dumped, deposited, or
placed for the reasonable costs incurred by the owner or
person in possession for cleaning up and properly disposing of
the garbage, rubbish, trash, or refuse, and for reasonable
attorneys' fees.
(c) A person violating this Section is guilty of a Class B
misdemeanor for which the court must impose a minimum fine of
$500. A second conviction for an offense committed after the
first conviction is a Class A misdemeanor for which the court

HB1717 - 143 - LRB104 05515 RLC 17325 b
must impose a minimum fine of $500. A third or subsequent
violation, committed after a second conviction, is a Class 4
felony for which the court must impose a minimum fine of $500.
A person who violates this Section and who has an equity
interest in a motor vehicle used in violation of this Section
is presumed to have the financial resources to pay the minimum
fine not exceeding his or her equity interest in the vehicle.
Personal property used by a person in violation of this
Section shall on the third or subsequent conviction of the
person be forfeited to the county where the violation occurred
and disposed of at a public sale. Before the forfeiture, the
court shall conduct a hearing to determine whether property is
subject to forfeiture under this Section. At the forfeiture
hearing the State has the burden of establishing by a
preponderance of the evidence that property is subject to
forfeiture under this Section. Property seized or forfeited
under this Section is subject to reporting under the Seizure
and Forfeiture Reporting Act of 2025.
(d) The statutory minimum fine required by subsection (c)
is not subject to reduction or suspension unless the defendant
is indigent. If the defendant files a motion with the court
asserting his or her inability to pay the mandatory fine
required by this Section, the court must set a hearing on the
motion before sentencing. The court must require an affidavit
signed by the defendant containing sufficient information to
ascertain the assets and liabilities of the defendant. If the

HB1717 - 144 - LRB104 05515 RLC 17325 b
court determines that the defendant is indigent, the court
must require that the defendant choose either to pay the
minimum fine of $500 or to perform 100 hours of community
service.
(Source: P.A. 100-512, eff. 7-1-18.)
(720 ILCS 5/48-1) (was 720 ILCS 5/26-5)
Sec. 48-1. Dog fighting. (For other provisions that may
apply to dog fighting, see the Humane Care for Animals Act. For
provisions similar to this Section that apply to animals other
than dogs, see in particular Section 4.01 of the Humane Care
for Animals Act.)
(a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or
human, or the intentional killing of any dog for the purpose of
sport, wagering, or entertainment.
(b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment
of any show, exhibition, program, or other activity involving
a fight between 2 or more dogs or any dog and human, or the
intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or

HB1717 - 145 - LRB104 05515 RLC 17325 b
she knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
(c-5) No person may solicit a minor to violate this
Section.
(d) No person may manufacture for sale, shipment,
transportation, or delivery any device or equipment which he
or she knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more dogs, or any human and dog,
or the intentional killing of any dog for purposes of sport,
wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which he or she knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
dogs, or any dog and human, or the intentional killing of any
dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site,
structure, or facility, whether enclosed or not, that he or
she knows is intended to be used for the purpose of conducting
any show, exhibition, program, or other activity involving a
fight between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture,
distribute, or deliver fittings to be used in a fight between 2

HB1717 - 146 - LRB104 05515 RLC 17325 b
or more dogs or a dog and human.
(g) No person may knowingly attend or otherwise patronize
any show, exhibition, program, or other activity featuring or
otherwise involving a fight between 2 or more dogs, or any dog
and human, or the intentional killing of any dog for purposes
of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal
to any machine or device propelled by any power for the purpose
of causing the animal to be pursued by a dog or dogs. This
subsection (h) applies only when the dog is intended to be used
in a dog fight.
(i) Sentence.
(1) Any person convicted of violating subsection (a),
(b), (c), or (h) of this Section is guilty of a Class 4
felony for a first violation and a Class 3 felony for a
second or subsequent violation, and may be fined an amount
not to exceed $50,000.
(1.5) A person who knowingly owns a dog for fighting
purposes or for producing a fight between 2 or more dogs or
a dog and human or who knowingly offers for sale or sells a
dog bred for fighting is guilty of a Class 3 felony and may
be fined an amount not to exceed $50,000, if the dog
participates in a dogfight and any of the following
factors is present:
(i) the dogfight is performed in the presence of a
person under 18 years of age;

HB1717 - 147 - LRB104 05515 RLC 17325 b
(ii) the dogfight is performed for the purpose of
or in the presence of illegal wagering activity; or
(iii) the dogfight is performed in furtherance of
streetgang related activity as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(1.7) A person convicted of violating subsection (c-5)
of this Section is guilty of a Class 4 felony.
(2) Any person convicted of violating subsection (d)
or (e) of this Section is guilty of a Class 4 felony for a
first violation. A second or subsequent violation of
subsection (d) or (e) of this Section is a Class 3 felony.
(2.5) Any person convicted of violating subsection (f)
of this Section is guilty of a Class 4 felony. Any person
convicted of violating subsection (f) of this Section in
which the site, structure, or facility made available to
violate subsection (f) is located within 1,000 feet of a
school, public park, playground, child care institution,
day care center, part day child care facility, day care
home, group day care home, or a facility providing
programs or services exclusively directed toward persons
under 18 years of age is guilty of a Class 3 felony for a
first violation and a Class 2 felony for a second or
subsequent violation.
(3) Any person convicted of violating subsection (g)
of this Section is guilty of a Class 4 felony for a first

HB1717 - 148 - LRB104 05515 RLC 17325 b
violation. A second or subsequent violation of subsection
(g) of this Section is a Class 3 felony. If a person under
13 years of age is present at any show, exhibition,
program, or other activity prohibited in subsection (g),
the parent, legal guardian, or other person who is 18
years of age or older who brings that person under 13 years
of age to that show, exhibition, program, or other
activity is guilty of a Class 3 felony for a first
violation and a Class 2 felony for a second or subsequent
violation.
(i-5) A person who commits a felony violation of this
Section is subject to the property forfeiture provisions set
forth in the Criminal Forfeiture Process Act Article 124B of
the Code of Criminal Procedure of 1963.
(j) Any dog or equipment involved in a violation of this
Section shall be immediately seized and impounded under
Section 12 of the Humane Care for Animals Act when located at
any show, exhibition, program, or other activity featuring or
otherwise involving a dog fight for the purposes of sport,
wagering, or entertainment.
(k) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.

HB1717 - 149 - LRB104 05515 RLC 17325 b
(l) Any veterinarian in this State who is presented with a
dog for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the dog
was engaged in or utilized for a fighting event for the
purposes of sport, wagering, or entertainment shall file a
report with the Department of Agriculture and cooperate by
furnishing the owners' names, dates, and descriptions of the
dog or dogs involved. Any veterinarian who in good faith
complies with the requirements of this subsection has immunity
from any liability, civil, criminal, or otherwise, that may
result from his or her actions. For the purposes of any
proceedings, civil or criminal, the good faith of the
veterinarian shall be rebuttably presumed.
(m) In addition to any other penalty provided by law, upon
conviction for violating this Section, the court may order
that the convicted person and persons dwelling in the same
household as the convicted person who conspired, aided, or
abetted in the unlawful act that was the basis of the
conviction, or who knew or should have known of the unlawful
act, may not own, harbor, or have custody or control of any dog
or other animal for a period of time that the court deems
reasonable.
(n) A violation of subsection (a) of this Section may be
inferred from evidence that the accused possessed any device
or equipment described in subsection (d), (e), or (h) of this
Section, and also possessed any dog.

HB1717 - 150 - LRB104 05515 RLC 17325 b
(o) When no longer required for investigations or court
proceedings relating to the events described or depicted
therein, evidence relating to convictions for violations of
this Section shall be retained and made available for use in
training peace officers in detecting and identifying
violations of this Section. Such evidence shall be made
available upon request to other law enforcement agencies and
to schools certified under the Illinois Police Training Act.
(p) For the purposes of this Section, "school" has the
meaning ascribed to it in Section 11-9.3 of this Code; and
"public park", "playground", "child care institution", "day
care center", "part day child care facility", "day care home",
"group day care home", and "facility providing programs or
services exclusively directed toward persons under 18 years of
age" have the meanings ascribed to them in Section 11-9.4 of
this Code.
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.
1-1-13.)
(720 ILCS 5/36-1.1 rep.)
(720 ILCS 5/36-1.2 rep.)
(720 ILCS 5/36-1.3 rep.)
(720 ILCS 5/36-1.4 rep.)
(720 ILCS 5/36-1.5 rep.)
(720 ILCS 5/36-1a rep.)

HB1717 - 151 - LRB104 05515 RLC 17325 b
(720 ILCS 5/36-2 rep.)
(720 ILCS 5/36-2.1 rep.)
(720 ILCS 5/36-2.2 rep.)
(720 ILCS 5/36-2.5 rep.)
(720 ILCS 5/36-2.7 rep.)
(720 ILCS 5/36-3 rep.)
(720 ILCS 5/36-3.1 rep.)
(720 ILCS 5/36-4 rep.)
(720 ILCS 5/36-5 rep.)
(720 ILCS 5/36-6 rep.)
(720 ILCS 5/36-7 rep.)
(720 ILCS 5/36-9 rep.)
Section 10-75. The Criminal Code of 2012 is amended by
repealing Sections 36-1.1, 36-1.2, 36-1.3, 36-1.4, 36-1.5,
36-1a, 36-2, 36-2.1, 36-2.2, 36-2.5, 36-2.7, 36-3, 36-3.1,
36-4, 36-5, 36-6, 36-7, and 36-9.
Section 10-80. The Cannabis Control Act is amended by
changing Section 12 as follows:
(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
Sec. 12. Forfeiture.
(a) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any
kind which are produced, delivered, or possessed in

HB1717 - 152 - LRB104 05515 RLC 17325 b
connection with any substance containing cannabis in a
felony violation of this Act;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of any substance containing cannabis or property described
in paragraph (2) of this subsection (a) that constitutes a
felony violation of the Act, but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or
privy to the violation;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended for

HB1717 - 153 - LRB104 05515 RLC 17325 b
use, in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this Act;
(6) all real property, including any right, title, and
interest including, but not limited to, any leasehold
interest or the beneficial interest in a land trust, in
the whole of any lot or tract of land and any appurtenances
or improvements, that is used or intended to be used to
facilitate the manufacture, distribution, sale, receipt,
or concealment of a substance containing cannabis or
property described in paragraph (2) of this subsection (a)
that constitutes a felony violation of this Act involving
more than 2,000 grams of a substance containing cannabis
or that is the proceeds of any felony violation of this
Act.
(b) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th
Amendment to the United States Constitution disproportionate
penalties analysis as provided under Section 5-110 of the

HB1717 - 154 - LRB104 05515 RLC 17325 b
Criminal Forfeiture Process Act 9.5 of the Drug Asset
Forfeiture Procedure Act.
(c-1) With regard to possession of cannabis offenses only,
a sum of currency with a value of less than $500 shall not be
subject to forfeiture under this Act. For all other offenses
under this Act, a sum of currency with a value of less than
$100 shall not be subject to forfeiture under this Act. In
seizures of currency in excess of these amounts, this Section
shall not create an exemption for these amounts.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) Contraband, including cannabis possessed without
authorization under State or federal law, is not subject to
forfeiture. No property right exists in contraband. Contraband
is subject to seizure and shall be disposed of according to
State law.
(i) The changes made to this Section by Public Act 100-512
and Public Act 100-699 only apply to property seized on and
after July 1, 2018.
(j) The changes made to this Section by Public Act 100-699
are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

HB1717 - 155 - LRB104 05515 RLC 17325 b
Section 10-85. The Illinois Controlled Substances Act is
amended by changing Section 505 as follows:
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any
kind which are used, or intended for use, in
manufacturing, distributing, dispensing, administering or
possessing any substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of substances manufactured, distributed, dispensed, or
possessed in violation of this Act, or property described
in paragraph (2) of this subsection (a), but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or
privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without

HB1717 - 156 - LRB104 05515 RLC 17325 b
his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended to
be used, in violation of this Act;
(5) everything of value furnished, or intended to be
furnished, in exchange for a substance in violation of
this Act, all proceeds traceable to such an exchange, and
all moneys, negotiable instruments, and securities used,
or intended to be used, to commit or in any manner to
facilitate any violation of this Act;
(6) all real property, including any right, title, and
interest (including, but not limited to, any leasehold
interest or the beneficial interest in a land trust) in
the whole of any lot or tract of land and any appurtenances
or improvements, which is used or intended to be used, in
any manner or part, to commit, or in any manner to
facilitate the commission of, any violation or act that
constitutes a violation of Section 401 or 405 of this Act
or that is the proceeds of any violation or act that
constitutes a violation of Section 401 or 405 of this Act.
(b) Property subject to forfeiture under this Act may be

HB1717 - 157 - LRB104 05515 RLC 17325 b
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th
Amendment to the United States Constitution disproportionate
penalties analysis as provided under Section 5-110 of the
Criminal Forfeiture Process Act 9.5 of the Drug Asset
Forfeiture Procedure Act.
(d) With regard to possession of controlled substances
offenses only, a sum of currency with a value of less than $500
shall not be subject to forfeiture under this Act. For all
other offenses under this Act, a sum of currency with a value
of less than $100 shall not be subject to forfeiture under this
Act. In seizures of currency in excess of these amounts, this
Section shall not create an exemption for these amounts.
(d-5) For felony offenses involving possession of
controlled substances only, no property shall be subject to
forfeiture under this Act because of the possession of less
than 2 single unit doses of a controlled substance. This
exemption shall not apply in instances when the possessor, or
another person at the direction of the possessor, engaged in
the destruction of any amount of a controlled substance. The
amount of a single unit dose shall be the State's burden to
prove in its case in chief.
(e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled

HB1717 - 158 - LRB104 05515 RLC 17325 b
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may
be placed under seal by the Director. No disposition may be
made of substances under seal until the time for taking an
appeal has elapsed or until all appeals have been concluded
unless a court, upon application therefor, orders the sale of
perishable substances and the deposit of the proceeds of the
sale with the court. Upon a suspension or revocation order
becoming final, all substances are subject to seizure and
forfeiture under the Drug Asset Forfeiture Procedure Act.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Contraband, including controlled substances possessed
without authorization under State or federal law, is not
subject to forfeiture. No property right exists in contraband.
Contraband is subject to seizure and shall be disposed of
according to State law.
(j) The changes made to this Section by Public Act 100-512
and Public Act 100-699 only apply to property seized on and
after July 1, 2018.
(k) The changes made to this Section by Public Act 100-699
are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

HB1717 - 159 - LRB104 05515 RLC 17325 b
Section 10-90. The Methamphetamine Control and Community
Protection Act is amended by changing Section 85 as follows:
(720 ILCS 646/85)
Sec. 85. Forfeiture.
(a) The following are subject to forfeiture:
(1) (blank);
(2) all methamphetamine manufacturing materials which
have been produced, delivered, or possessed in connection
with any substance containing methamphetamine in violation
of this Act;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of any substance containing methamphetamine or property
described in paragraph (2) of this subsection (a) that
constitutes a felony violation of the Act, but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or
privy to the violation;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the

HB1717 - 160 - LRB104 05515 RLC 17325 b
owner proves to have been committed or omitted without
his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended for
use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this Act;
(6) all real property, including any right, title, and
interest (including, but not limited to, any leasehold
interest or the beneficial interest in a land trust) in
the whole of any lot or tract of land and any appurtenances
or improvements, which is used, or intended to be used, in
any manner or part, to commit, or in any manner to
facilitate the commission of, any violation or act that
constitutes a violation of this Act or that is the
proceeds of any violation or act that constitutes a
violation of this Act.

HB1717 - 161 - LRB104 05515 RLC 17325 b
(b) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th
Amendment to the United States Constitution disproportionate
penalties analysis as provided under Section 5-110 of the
Criminal Forfeiture Process Act 9.5 of the Drug Asset
Forfeiture Procedure Act.
(d) With regard to possession of methamphetamine offenses
only, a sum of currency with a value of less than $500 shall
not be subject to forfeiture under this Act. For all other
offenses under this Act, a sum of currency with a value of less
than $100 shall not be subject to forfeiture under this Act. In
seizures of currency in excess of these amounts, this Section
shall not create an exemption for these amounts.
(e) For felony offenses involving possession of a
substance containing methamphetamine only, no property shall
be subject to forfeiture under this Act because of the
possession of less than 2 single unit doses of a substance.
This exemption shall not apply in instances when the
possessor, or another person at the direction of the
possessor, is engaged in the destruction of any amount of a
substance containing methamphetamine. The amount of a single
unit dose shall be the State's burden to prove in its case in
chief.

HB1717 - 162 - LRB104 05515 RLC 17325 b
(f) (Blank).
(g) (Blank).
(h) Contraband, including methamphetamine or any
controlled substance possessed without authorization under
State or federal law, is not subject to forfeiture. No
property right exists in contraband. Contraband is subject to
seizure and shall be disposed of according to State law.
(i) The changes made to this Section by Public Act
100-0512 and this amendatory Act of the 100th General Assembly
only apply to property seized on and after July 1, 2018.
(j) The changes made to this Section by this amendatory
Act of the 100th General Assembly are subject to Section 4 of
the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18.)
(725 ILCS 5/Art. 124B rep.)
Section 10-95. The Code of Criminal Procedure of 1963 is
amended by repealing Article 124B.
(725 ILCS 150/Act rep.)
Section 10-100. The Drug Asset Forfeiture Procedure Act is
repealed.
Section 10-105. The Narcotics Profit Forfeiture Act is
amended by changing Section 6.5 as follows:

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(725 ILCS 175/6.5)
Sec. 6.5. Reporting. Property seized or forfeited under
this Act is subject to reporting under the Seizure and
Forfeiture Reporting Act of 2025.
(Source: P.A. 100-512, eff. 7-1-18.)
Section 10-110. The State's Attorneys Appellate
Prosecutor's Act is amended by changing Section 4.01 as
follows:
(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
Sec. 4.01. (a) The Office and all attorneys employed
thereby may represent the People of the State of Illinois on
appeal in all cases which emanate from a county containing
less than 3,000,000 inhabitants, when requested to do so and
at the direction of the State's Attorney, otherwise
responsible for prosecuting the appeal, and may, with the
advice and consent of the State's Attorney prepare, file and
argue such appellate briefs in the Illinois Appellate Court
and, when requested and authorized to do so by the Attorney
General, in the Illinois Supreme Court.
(b) Notwithstanding the population restriction contained
in subsection (a), the Office may also assist County State's
Attorneys in the discharge of their duties under the Illinois
Controlled Substances Act, the Cannabis Control Act, the

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Methamphetamine Control and Community Protection Act, the
Criminal Forfeiture Process Act, the Drug Asset Forfeiture
Procedure Act, the Narcotics Profit Forfeiture Act, and the
Illinois Public Labor Relations Act, including negotiations
conducted on behalf of a county or pursuant to an
intergovernmental agreement as well as in the trial and appeal
of said cases and of tax objections, and the counties which use
services relating to labor relations shall reimburse the
Office on pro-rated shares as determined by the board based
upon the population and number of labor relations cases of the
participating counties. In addition, the Office and all
attorneys employed by the Office may also assist State's
Attorneys in the discharge of their duties in the prosecution,
trial, or hearing on post-conviction of other cases when
requested to do so by, and at the direction of, the State's
Attorney otherwise responsible for the case. In addition, the
Office and all attorneys employed by the Office may act as
Special Prosecutor if duly appointed to do so by a court having
jurisdiction. To be effective, the order appointing the Office
or its attorneys as Special Prosecutor must (i) identify the
case and its subject matter and (ii) state that the Special
Prosecutor serves at the pleasure of the Attorney General, who
may substitute himself or herself as the Special Prosecutor
when, in his or her judgment, the interest of the people of the
State so requires. Within 5 days after receiving a copy of an
order from the court appointing the Office or any of its

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attorneys as a Special Prosecutor, the Office must forward a
copy of the order to the Springfield office of the Attorney
General.
(Source: P.A. 100-319, eff. 8-24-17.)
Section 10-115. The Violent Crime Victims Assistance Act
is amended by changing Section 10 as follows:
(725 ILCS 240/10) (from Ch. 70, par. 510)
Sec. 10. Violent Crime Victims Assistance Fund.
(a) The "Violent Crime Victims Assistance Fund" is created
as a special fund in the State Treasury to provide monies for
the grants to be awarded under this Act.
(b) (Blank).
(c) (Blank).
(d) Monies forfeited, and proceeds from the sale of
property forfeited and seized, under the forfeiture provisions
set forth in the Criminal Forfeiture Process Act Part 500 of
Article 124B of the Code of Criminal Procedure of 1963 shall be
accepted for the Violent Crime Victims Assistance Fund.
(e) Investment income which is attributable to the
investment of monies in the Violent Crime Victims Assistance
Fund shall be credited to that fund for uses specified in this
Act. The Treasurer shall provide the Attorney General a
monthly status report on the amount of money in the Fund.
(f) Monies from the fund may be granted on and after July

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1, 1984.
(g) (Blank).
(Source: P.A. 100-987, eff. 7-1-19.)
Section 10-120. The Illinois Streetgang Terrorism Omnibus
Prevention Act is amended by changing Section 40 as follows:
(740 ILCS 147/40)
Sec. 40. Forfeiture.
(a) The following are subject to seizure and forfeiture:
(1) any property that is directly or indirectly used
or intended for use in any manner to facilitate streetgang
related activity; and
(2) any property constituting or derived from gross
profits or other proceeds obtained from streetgang related
activity.
(b) Property subject to forfeiture under this Section may
be seized under the procedures set forth in Section 36-2.1 of
the Criminal Code of 2012, except that actual physical seizure
of real property subject to forfeiture under this Act requires
the issuance of a seizure warrant. Nothing in this Section
prohibits the constructive seizure of real property through
the filing of a complaint for forfeiture in circuit court and
the recording of a lis pendens against the real property
without a hearing, warrant application, or judicial approval.
(c) The State's Attorney may initiate forfeiture

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proceedings under the procedures in Article 36 of the Criminal
Code of 2012. The State shall bear the burden of proving by a
preponderance of the evidence that the property was acquired
through a pattern of streetgang related activity.
(d) Property forfeited under this Section shall be
disposed of in accordance with Section 36-7 of Article 36 of
the Criminal Code of 2012 for the forfeiture of vehicles,
vessels, and aircraft.
(e) Within 60 days of the date of the seizure of contraband
under this Section, the State's Attorney shall initiate
forfeiture proceedings as provided in Article 36 of the
Criminal Code of 2012. An owner or person who has a lien on the
property may establish as a defense to the forfeiture of
property that is subject to forfeiture under this Section that
the owner or lienholder had no knowledge that the property was
acquired through a pattern of streetgang related activity.
Property that is forfeited under this Section shall be
disposed of as provided in Article 36 of the Criminal Code of
2012 for the forfeiture of vehicles, vessels, and aircraft.
The proceeds of the disposition shall be paid to the Gang
Violence Victims and Witnesses Fund to be used to assist in the
prosecution of gang crimes.
(f) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture
Reporting Act of 2025.
(g) The changes made to this Section by Public Act 100-512

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only apply to property seized on and after July 1, 2018.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
100-1163, eff. 12-20-18.)
Section 10-125. The Illinois Securities Law of 1953 is
amended by changing Section 11 as follows:
(815 ILCS 5/11) (from Ch. 121 1/2, par. 137.11)
Sec. 11. Duties and powers of the Secretary of State.
A. (1) The administration of this Act is vested in the
Secretary of State, who may from time to time make, amend and
rescind such rules and regulations as may be necessary to
carry out this Act, including rules and regulations governing
procedures of registration, statements, applications and
reports for various classes of securities, persons and matters
within his or her jurisdiction and defining any terms, whether
or not used in this Act, insofar as the definitions are not
inconsistent with this Act. The rules and regulations adopted
by the Secretary of State under this Act shall be effective in
the manner provided for in the Illinois Administrative
Procedure Act.
(2) Among other things, the Secretary of State shall have
authority, for the purposes of this Act, to prescribe the form
or forms in which required information shall be set forth,
accounting practices, the items or details to be shown in
balance sheets and earning statements, and the methods to be

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followed in the preparation of accounts, in the appraisal or
valuation of assets and liabilities, in the determination of
depreciation and depletion, in the differentiation of
recurring and non-recurring income, in the differentiation of
investment and operating income, and in the preparation of
consolidated balance sheets or income accounts of any person,
directly or indirectly, controlling or controlled by the
issuer, or any person under direct or indirect common control
with the issuer.
(3) No provision of this Act imposing any liability shall
apply to any act done or omitted in good faith in conformity
with any rule or regulation of the Secretary of State under
this Act, notwithstanding that the rule or regulation may,
after the act or omission, be amended or rescinded or be
determined by judicial or other authority to be invalid for
any reason.
(4) The Securities Department of the Office of the
Secretary of State shall be deemed a criminal justice agency
for purposes of all federal and state laws and regulations
and, in that capacity, shall be entitled to access to any
information available to criminal justice agencies and has the
power to appoint special agents to conduct all investigations,
searches, seizures, arrests, and other duties imposed under
the provisions of any law administered by the Department. The
special agents have and may exercise all the powers of peace
officers solely for the purpose of enforcing provisions of

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this Act.
The Director must authorize to each special agent employed
under this Section a distinct badge that, on its face, (i)
clearly states that the badge is authorized by the Department
and (ii) contains a unique and identifying number.
Special agents shall comply with all training requirements
established for law enforcement officers by provisions of the
Illinois Police Training Act.
(5) The Secretary of State, by rule, may conditionally or
unconditionally exempt any person, security, or transaction,
or any class or classes of persons, securities, or
transactions from any provision of Section 5, 6, 7, 8, 8a, or 9
of this Act or of any rule promulgated under these Sections, to
the extent that such exemption is necessary or appropriate in
the public interest, and is consistent with the protection of
investors.
B. The Secretary of State may, anything in this Act to the
contrary notwithstanding, require financial statements and
reports of the issuer, dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative as
often as circumstances may warrant. In addition, the Secretary
of State may secure information or books and records from or
through others and may make or cause to be made investigations
respecting the business, affairs, and property of the issuer
of securities, any person involved in the sale or offer for
sale, purchase or offer to purchase of any mineral investment

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contract, mineral deferred delivery contract, or security and
of dealers, Internet portals, salespersons, investment
advisers, and investment adviser representatives that are
registered or are the subject of an application for
registration under this Act. The costs of an investigation
shall be borne by the registrant or the applicant, provided
that the registrant or applicant shall not be obligated to pay
the costs without his, her or its consent in advance.
C. Whenever it shall appear to the Secretary of State,
either upon complaint or otherwise, that this Act, or any rule
or regulation prescribed under authority thereof, has been or
is about to be violated, he or she may, in his or her
discretion, do one or more of the following:
(1) require or permit the person to file with the
Secretary of State a statement in writing under oath, or
otherwise, as to all the facts and circumstances
concerning the subject matter which the Secretary of State
believes to be in the public interest to investigate,
audit, examine, or inspect;
(2) conduct an investigation, audit, examination, or
inspection as necessary or advisable for the protection of
the interests of the public; and
(3) appoint investigators to conduct all
investigations, searches, seizures, arrests, and other
duties imposed under the provisions of any law
administered by the Department. The Director must

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authorize to each investigator employed under this Section
a distinct badge that, on its face, (i) clearly states
that the badge is authorized by the Department and (ii)
contains a unique and identifying number.
D. (1) For the purpose of all investigations, audits,
examinations, or inspections which in the opinion of the
Secretary of State are necessary and proper for the
enforcement of this Act, the Secretary of State or a person
designated by him or her is empowered to administer oaths and
affirmations, subpoena witnesses, take evidence, and require,
by subpoena or other lawful means provided by this Act or the
rules adopted by the Secretary of State, the production of any
books and records, papers, or other documents which the
Secretary of State or a person designated by him or her deems
relevant or material to the inquiry.
(2) The Secretary of State or a person designated by him or
her is further empowered to administer oaths and affirmations,
subpoena witnesses, take evidence, and require the production
of any books and records, papers, or other documents in this
State at the request of a securities agency of another state,
if the activities constituting the alleged violation for which
the information is sought would be in violation of Section 12
of this Act if the activities had occurred in this State.
(3) The Circuit Court of any County of this State, upon
application of the Secretary of State or a person designated
by him or her may order the attendance of witnesses, the

HB1717 - 173 - LRB104 05515 RLC 17325 b
production of books and records, papers, accounts and
documents and the giving of testimony before the Secretary of
State or a person designated by him or her; and any failure to
obey the order may be punished by the Circuit Court as a
contempt thereof.
(4) The fees of subpoenaed witnesses under this Act for
attendance and travel shall be the same as fees of witnesses
before the Circuit Courts of this State, to be paid when the
witness is excused from further attendance, provided, the
witness is subpoenaed at the instance of the Secretary of
State; and payment of the fees shall be made and audited in the
same manner as other expenses of the Secretary of State.
(5) Whenever a subpoena is issued at the request of a
complainant or respondent as the case may be, the Secretary of
State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the
witness is summoned.
(6) The Secretary of State shall have power at his or her
discretion, to require a deposit to cover the cost of the
service and witness fees and the payment of the legal witness
fee and mileage to the witness served with subpoena.
(7) A subpoena issued under this Act shall be served in the
same manner as a subpoena issued out of a circuit court.
(8) The Secretary of State may in any investigation,
audits, examinations, or inspections cause the taking of
depositions of persons residing within or without this State

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in the manner provided in civil actions under the laws of this
State.
E. Anything in this Act to the contrary notwithstanding:
(1) If the Secretary of State shall find that the
offer or sale or proposed offer or sale or method of offer
or sale of any securities by any person, whether exempt or
not, in this State, is fraudulent, or would work or tend to
work a fraud or deceit, or is being offered or sold in
violation of Section 12, or there has been a failure or
refusal to submit any notification filing or fee required
under this Act, the Secretary of State may by written
order prohibit or suspend the offer or sale of securities
by that person or deny or revoke the registration of the
securities or the exemption from registration for the
securities.
(2) If the Secretary of State shall find that any
person has violated subsection C, D, E, F, G, H, I, J, or K
of Section 12 of this Act, the Secretary of State may by
written order temporarily or permanently prohibit or
suspend the person from offering or selling any
securities, any mineral investment contract, or any
mineral deferred delivery contract in this State, provided
that any person who is the subject of an order of permanent
prohibition may petition the Secretary of State for a
hearing to present evidence of rehabilitation or change in
circumstances justifying the amendment or termination of

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the order of permanent prohibition.
(3) If the Secretary of State shall find that any
person is engaging or has engaged in the business of
selling or offering for sale securities as a dealer,
Internet portal, or salesperson or is acting or has acted
as an investment adviser, investment adviser
representative, or federal covered investment adviser,
without prior thereto and at the time thereof having
complied with the registration or notice filing
requirements of this Act, the Secretary of State may by
written order prohibit or suspend the person from engaging
in the business of selling or offering for sale
securities, or acting as an investment adviser, investment
adviser representative, or federal covered investment
adviser, in this State.
(4) In addition to any other sanction or remedy
contained in this subsection E, the Secretary of State,
after finding that any provision of this Act has been
violated, may impose a fine as provided by rule,
regulation or order not to exceed $10,000 for each
violation of this Act, may issue an order of public
censure against the violator, and may charge as costs of
investigation all reasonable expenses, including
attorney's fees and witness fees.
F. (1) The Secretary of State shall not deny, suspend or
revoke the registration of securities, suspend or revoke the

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registration of a dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative,
prohibit or suspend the offer or sale of any securities,
prohibit or suspend any person from offering or selling any
securities in this State, prohibit or suspend a dealer or
salesperson from engaging in the business of selling or
offering for sale securities, prohibit or suspend a person
from acting as an investment adviser or federal covered
investment adviser, or investment adviser representative,
impose any fine for violation of this Act, issue an order of
public censure, or enter into an agreed settlement except
after an opportunity for hearing upon not less than 10 days
notice given by personal service or registered mail or
certified mail, return receipt requested, to the person or
persons concerned. Such notice shall state the date and time
and place of the hearing and shall contain a brief statement of
the proposed action of the Secretary of State and the grounds
for the proposed action. A failure to appear at the hearing or
otherwise respond to the allegations set forth in the notice
of hearing shall constitute an admission of any facts alleged
therein and shall constitute sufficient basis to enter an
order.
(2) Anything herein contained to the contrary
notwithstanding, the Secretary of State may temporarily
prohibit or suspend, for a maximum period of 90 days, by an
order effective immediately, the offer or sale or registration

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of securities, the registration of a dealer, Internet portal,
salesperson, investment adviser, or investment adviser
representative, or the offer or sale of securities by any
person, or the business of rendering investment advice,
without the notice and prior hearing in this subsection
prescribed, if the Secretary of State shall in his or her
opinion, based on credible evidence, deem it necessary to
prevent an imminent violation of this Act or to prevent losses
to investors which the Secretary of State reasonably believes
will occur as a result of a prior violation of this Act.
Immediately after taking action without such notice and
hearing, the Secretary of State shall deliver a copy of the
temporary order to the respondent named therein by personal
service or registered mail or certified mail, return receipt
requested. The temporary order shall set forth the grounds for
the action and shall advise that the respondent may request a
hearing, that the request for a hearing will not stop the
effectiveness of the temporary order and that respondent's
failure to request a hearing within 30 days after the date of
the entry of the temporary order shall constitute an admission
of any facts alleged therein and shall constitute sufficient
basis to make the temporary order final. Any provision of this
paragraph (2) to the contrary notwithstanding, the Secretary
of State may not pursuant to the provisions of this paragraph
(2) suspend the registration of a dealer, limited Canadian
dealer, salesperson, investment adviser, or investment adviser

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representative based upon sub-paragraph (n) of paragraph (l)
of subsection E of Section 8 of this Act or revoke the
registration of securities or revoke the registration of any
dealer, salesperson, investment adviser representative, or
investment adviser.
(3) The Secretary of State may issue a temporary order
suspending or delaying the effectiveness of any registration
of securities under subsection A or B of Section 5, 6 or 7 of
this Act subsequent to and upon the basis of the issuance of
any stop, suspension or similar order by the Securities and
Exchange Commission with respect to the securities which are
the subject of the registration under subsection A or B of
Section 5, 6 or 7 of this Act, and the order shall become
effective as of the date and time of effectiveness of the
Securities and Exchange Commission order and shall be vacated
automatically at such time as the order of the Securities and
Exchange Commission is no longer in effect.
(4) When the Secretary of State finds that an application
for registration as a dealer, Internet portal, salesperson,
investment adviser, or investment adviser representative
should be denied, the Secretary of State may enter an order
denying the registration. Immediately after taking such
action, the Secretary of State shall deliver a copy of the
order to the respondent named therein by personal service or
registered mail or certified mail, return receipt requested.
The order shall state the grounds for the action and that the

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matter will be set for hearing upon written request filed with
the Secretary of State within 30 days after the receipt of the
request by the respondent. The respondent's failure to request
a hearing within 30 days after receipt of the order shall
constitute an admission of any facts alleged therein and shall
make the order final. If a hearing is held, the Secretary of
State shall affirm, vacate, or modify the order.
(5) The findings and decision of the Secretary of State
upon the conclusion of each final hearing held pursuant to
this subsection shall be set forth in a written order signed on
behalf of the Secretary of State by his or her designee and
shall be filed as a public record. All hearings shall be held
before a person designated by the Secretary of State, and
appropriate records thereof shall be kept.
(6) Notwithstanding the foregoing, the Secretary of State,
after notice and opportunity for hearing, may at his or her
discretion enter into an agreed settlement, stipulation or
consent order with a respondent in accordance with the
provisions of the Illinois Administrative Procedure Act. The
provisions of the agreed settlement, stipulation or consent
order shall have the full force and effect of an order issued
by the Secretary of State.
(7) Anything in this Act to the contrary notwithstanding,
whenever the Secretary of State finds that a person is
currently expelled from, refused membership in or association
with, or limited in any material capacity by a self-regulatory

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organization registered under the Federal 1934 Act or the
Federal 1974 Act because of a fraudulent or deceptive act or a
practice in violation of a rule, regulation, or standard duly
promulgated by the self-regulatory organization, the Secretary
of State may, at his or her discretion, enter a Summary Order
of Prohibition, which shall prohibit the offer or sale of any
securities, mineral investment contract, or mineral deferred
delivery contract by the person in this State. The order shall
take effect immediately upon its entry. Immediately after
taking the action the Secretary of State shall deliver a copy
of the order to the named Respondent by personal service or
registered mail or certified mail, return receipt requested. A
person who is the subject of an Order of Prohibition may
petition the Secretary of State for a hearing to present
evidence of rehabilitation or change in circumstances
justifying the amendment or termination of the Order of
Prohibition.
G. No administrative action shall be brought by the
Secretary of State for relief under this Act or upon or because
of any of the matters for which relief is granted by this Act
after the earlier to occur of (i) 3 years from the date upon
which the Secretary of State had notice of facts which in the
exercise of reasonable diligence would lead to actual
knowledge of the alleged violation of the Act, or (ii) 5 years
from the date on which the alleged violation occurred.
H. The action of the Secretary of State in denying,

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suspending, or revoking the registration of a dealer, Internet
portal, limited Canadian dealer, salesperson, investment
adviser, or investment adviser representative, in prohibiting
any person from engaging in the business of offering or
selling securities as a dealer, limited Canadian dealer, or
salesperson, in prohibiting or suspending the offer or sale of
securities by any person, in prohibiting a person from acting
as an investment adviser, federal covered investment adviser,
or investment adviser representative, in denying, suspending,
or revoking the registration of securities, in prohibiting or
suspending the offer or sale or proposed offer or sale of
securities, in imposing any fine for violation of this Act, or
in issuing any order shall be subject to judicial review in the
Circuit Courts of Cook or Sangamon Counties in this State. The
Administrative Review Law shall apply to and govern every
action for the judicial review of final actions or decisions
of the Secretary of State under this Act.
I. Notwithstanding any other provisions of this Act to the
contrary, whenever it shall appear to the Secretary of State
that any person is engaged or about to engage in any acts or
practices which constitute or will constitute a violation of
this Act or of any rule or regulation prescribed under
authority of this Act, the Secretary of State may at his or her
discretion, through the Attorney General take any of the
following actions:
(1) File a complaint and apply for a temporary

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restraining order without notice, and upon a proper
showing the court may enter a temporary restraining order
without bond, to enforce this Act.
(2) File a complaint and apply for a preliminary or
permanent injunction, and, after notice and a hearing and
upon a proper showing, the court may grant a preliminary
or permanent injunction and may order the defendant to
make an offer of rescission with respect to any sales or
purchases of securities, mineral investment contracts, or
mineral deferred delivery contracts determined by the
court to be unlawful under this Act.
(3) Seek the seizure of assets when probable cause
exists that the assets were obtained by a defendant
through conduct in violation of Section 12, paragraph F,
G, I, J, K, or L of this Act, and thereby subject to a
judicial forfeiture hearing as required under this Act.
(a) In the event that such probable cause exists
that the subject of an investigation who is alleged to
have committed one of the relevant violations of this
Act has in his possession assets obtained as a result
of the conduct giving rise to the violation, the
Secretary of State may seek a seizure warrant in any
circuit court in Illinois.
(b) In seeking a seizure warrant, the Secretary of
State, or his or her designee, shall submit to the
court a sworn affidavit detailing the probable cause

HB1717 - 183 - LRB104 05515 RLC 17325 b
evidence for the seizure, the location of the assets
to be seized, the relevant violation under Section 12
of this Act, and a statement detailing any known
owners or interest holders in the assets.
(c) Seizure of the assets shall be made by any
peace officer upon process of the seizure warrant
issued by the court. Following the seizure of assets
under this Act and pursuant to a seizure warrant,
notice of seizure, including a description of the
seized assets, shall immediately be returned to the
issuing court. Seized assets shall be maintained
pending a judicial forfeiture hearing in accordance
with the instructions of the court.
(d) In the event that management of seized assets
becomes necessary to prevent the devaluation,
dissipation, or otherwise to preserve the property,
the court shall have jurisdiction to appoint a
receiver, conservator, ancillary receiver, or
ancillary conservator for that purpose, as provided in
item (2) of this subsection.
(4) Seek the forfeiture of assets obtained through
conduct in violation of Section 12, paragraph F, G, H, I,
J, K, or L when authorized by law. A forfeiture must be
ordered by a circuit court or an action brought by the
Secretary of State as provided for in this Act, under a
verified complaint for forfeiture.

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(a) In the event assets have been seized pursuant
to this Act, forfeiture proceedings shall be
instituted by the Attorney General within 45 days of
seizure.
(b) Service of the complaint filed under the
provisions of this Act shall be made in the manner as
provided in civil actions in this State.
(c) Only an owner of or interest holder in the
property may file an answer asserting a claim against
the property. For purposes of this Section, the owner
or interest holder shall be referred to as claimant.
(d) The answer must be signed by the owner or
interest holder under penalty of perjury and must set
forth:
(i) the caption of the proceedings as set
forth on the notice of pending forfeiture and the
name of the claimant;
(ii) the address at which the claimant will
accept mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the names and addresses of all other
persons known to have an interest in the property;

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(vi) the specific provisions of this Act
relied on in asserting that the property is not
subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the precise relief sought.
(e) The answer must be filed with the court within
45 days after service of the complaint.
(f) A property interest is exempt from forfeiture
under this Act if its owner or interest holder
establishes by a preponderance of evidence that the
owner or interest holder:
(i) is not legally accountable for the conduct
giving rise to the forfeiture, did not acquiesce
in it, and did not know and could not reasonably
have known of the conduct or that the conduct was
likely to occur;
(ii) with respect to conveyances, did not hold
the property jointly or in common with a person
whose conduct gave rise to the forfeiture;
(iii) does not hold the property for the
benefit of or as a nominee for any person whose
conduct gave rise to its forfeiture and the owner
or interest holder acquires it as a bona fide
purchaser for value without knowingly taking part
in the conduct giving rise to the forfeiture; or

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(iv) acquired the interest after the
commencement of the conduct giving rise to its
forfeiture and the owner or interest holder
acquired the interest as a mortgagee, secured
creditor, lienholder, or bona fide purchaser for
value without knowledge of the conduct that gave
rise to the forfeiture.
(g) The hearing must be held within 60 days after
the answer is filed unless continued for good cause.
(h) During the probable cause portion of the
judicial in rem proceeding wherein the Secretary of
State presents its case-in-chief, the court must
receive and consider, among other things, any relevant
hearsay evidence and information. The laws of evidence
relating to civil actions shall apply to all other
portions of the judicial in rem proceeding.
(i) The Secretary of State shall show the
existence of probable cause for forfeiture of the
property. If the Secretary of State shows probable
cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's
interest in the property is not subject to forfeiture.
(j) If the Secretary of State does not show the
existence of probable cause or a claimant has an
interest that is exempt under subdivision I (4)(d) of
this Section, the court shall order the interest in

HB1717 - 187 - LRB104 05515 RLC 17325 b
the property returned or conveyed to the claimant and
shall order all other property forfeited to the
Secretary of State pursuant to all provisions of this
Act. If the Secretary of State does show the existence
of probable cause and the claimant does not establish
by a preponderance of the evidence that the claimant
has an interest that is exempt under subsection D
herein, the court shall order all the property
forfeited to the Secretary of State pursuant to the
provisions of the Section.
(k) A defendant convicted in any criminal
proceeding is precluded from later denying the
essential allegations of the criminal offense of which
the defendant was convicted in any proceeding for
violations of the Act giving rise to forfeiture of
property herein regardless of the pendency of an
appeal from that conviction. However, evidence of the
pendency of an appeal is admissible.
(l) An acquittal or dismissal in a criminal
proceeding for violations of the Act giving rise to
the forfeiture of property herein shall not preclude
civil proceedings under this provision; however, for
good cause shown, on a motion by the Secretary of
State, the court may stay civil forfeiture proceedings
during the criminal trial for a related criminal
indictment or information alleging violation of the

HB1717 - 188 - LRB104 05515 RLC 17325 b
provisions of Section 12 of the Illinois Securities
Law of 1953. Property subject to forfeiture under this
Section shall not be subject to return or release by a
court exercising jurisdiction over a criminal case
involving the seizure of the property unless the
return or release is consented to by the Secretary of
State.
(m) All property declared forfeited under this Act
vests in the State on the commission of the conduct
giving rise to forfeiture together with the proceeds
of the property after that time. Any such property or
proceeds subsequently transferred to any person remain
subject to forfeiture and thereafter shall be ordered
forfeited unless the transferee claims and establishes
in a hearing under the provisions of this Act that the
transferee's interest is exempt under the Act. Any
assets forfeited to the State shall be disposed of in
following manner:
(i) all forfeited property and assets shall be
liquidated by the Secretary of State in accordance
with all laws and rules governing the disposition
of such property;
(ii) the Secretary of State shall provide the
court at the time the property and assets are
declared forfeited a verified statement of
investors subject to the conduct giving rise to

HB1717 - 189 - LRB104 05515 RLC 17325 b
the forfeiture;
(iii) after payment of any costs of sale,
receivership, storage, or expenses for
preservation of the property seized, other costs
to the State, and payment to claimants for any
amount deemed exempt from forfeiture, the proceeds
from liquidation shall be distributed pro rata to
investors subject to the conduct giving rise to
the forfeiture; and
(iv) any proceeds remaining after all verified
investors have been made whole shall be
distributed 25% to the Securities Investors
Education Fund, 25% to the Securities Audit and
Enforcement Fund, 25% to the Attorney General or
any State's Attorney bringing criminal charges for
the conduct giving rise to the forfeiture, and 25%
to other law enforcement agencies participating in
the investigation of the criminal charges for the
conduct giving rise to the forfeiture. In the
event that no other law enforcement agencies are
involved in the investigation of the conduct
giving rise to the forfeiture, then the portion to
other law enforcement agencies shall be
distributed to the Securities Investors Education
Fund.
(n) The Secretary of State shall notify by

HB1717 - 190 - LRB104 05515 RLC 17325 b
certified mail, return receipt requested, all known
investors in the matter giving rise to the forfeiture
of the forfeiture proceeding and sale of assets
forfeited arising from the violations of this Act, and
shall further publish notice in a paper of general
circulation in the district in which the violations
were prosecuted. The notice to investors shall
identify the name, address, and other identifying
information about any defendant prosecuted for
violations of this Act that resulted in forfeiture and
sale of property, the offense for which the defendant
was convicted, and that the court has ordered
forfeiture and sale of property for claims of
investors who incurred losses or damages as a result
of the violations. Investors may then file a claim in a
form prescribed by the Secretary of State in order to
share in disbursement of the proceeds from sale of the
forfeited property. Investor claims must be filed with
the Secretary of State within 30 days after receipt of
the certified mail return receipt, or within 30 days
after the last date of publication of the general
notice in a paper of general circulation in the
district in which the violations were prosecuted,
whichever occurs last.
(o) A civil action under this subsection must be
commenced within 5 years after the last conduct giving

HB1717 - 191 - LRB104 05515 RLC 17325 b
rise to the forfeiture became known or should have
become known or 5 years after the forfeitable property
is discovered, whichever is later, excluding time
during which either the property or claimant is out of
this State or in confinement or during which criminal
proceedings relating to the same conduct are in
progress.
(p) If property is seized for evidence and for
forfeiture, the time periods for instituting judicial
forfeiture proceedings shall not begin until the
property is no longer necessary for evidence.
(q) Notwithstanding other provisions of this Act,
the Secretary of State and a claimant of forfeitable
property may enter into an agreed-upon settlement
concerning the forfeitable property in such an amount
and upon such terms as are set out in writing in a
settlement agreement.
(r) Nothing in this Act shall apply to property
that constitutes reasonable bona fide attorney's fees
paid to an attorney for services rendered or to be
rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto when the property
was paid before its seizure and before the issuance of
any seizure warrant or court order prohibiting
transfer of the property and when the attorney, at the
time he or she received the property, did not know that

HB1717 - 192 - LRB104 05515 RLC 17325 b
it was property subject to forfeiture under this Act.
The court shall further have jurisdiction and authority,
in addition to the penalties and other remedies in this Act
provided, to enter an order for the appointment of the court or
a person as a receiver, conservator, ancillary receiver or
ancillary conservator for the defendant or the defendant's
assets located in this State, or to require restitution,
damages or disgorgement of profits on behalf of the person or
persons injured by the act or practice constituting the
subject matter of the action, and may assess costs against the
defendant for the use of the State; provided, however, that
the civil remedies of rescission and appointment of a
receiver, conservator, ancillary receiver or ancillary
conservator shall not be available against any person by
reason of the failure to file with the Secretary of State, or
on account of the contents of, any report of sale provided for
in subsection G or P of Section 4, paragraph (2) of subsection
D of Sections 5 and 6, or paragraph (2) of subsection F of
Section 7 of this Act. Appeals may be taken as in other civil
cases.
I-5. Property forfeited under this Section is subject to
reporting under the Seizure and Forfeiture Reporting Act of
2025.
J. In no case shall the Secretary of State, or any of his
or her employees or agents, in the administration of this Act,
incur any official or personal liability by instituting an

HB1717 - 193 - LRB104 05515 RLC 17325 b
injunction or other proceeding or by denying, suspending or
revoking the registration of a dealer or salesperson, or by
denying, suspending or revoking the registration of securities
or prohibiting the offer or sale of securities, or by
suspending or prohibiting any person from acting as a dealer,
limited Canadian dealer, salesperson, investment adviser, or
investment adviser representative or from offering or selling
securities.
K. No provision of this Act shall be construed to require
or to authorize the Secretary of State to require any
investment adviser or federal covered investment adviser
engaged in rendering investment supervisory services to
disclose the identity, investments, or affairs of any client
of the investment adviser or federal covered investment
adviser, except insofar as the disclosure may be necessary or
appropriate in a particular proceeding or investigation having
as its object the enforcement of this Act.
L. Whenever, after an examination, investigation or
hearing, the Secretary of State deems it of public interest or
advantage, he or she may certify a record to the State's
Attorney of the county in which the act complained of,
examined or investigated occurred. The State's Attorney of
that county within 90 days after receipt of the record shall
file a written statement at the Office of the Secretary of
State, which statement shall set forth the action taken upon
the record, or if no action has been taken upon the record that

HB1717 - 194 - LRB104 05515 RLC 17325 b
fact, together with the reasons therefor, shall be stated.
M. The Secretary of State may initiate, take, pursue, or
prosecute any action authorized or permitted under Section 6d
of the Federal 1974 Act.
N. (1) Notwithstanding any provision of this Act to the
contrary, to encourage uniform interpretation, administration,
and enforcement of the provisions of this Act, the Secretary
of State may cooperate with the securities agencies or
administrators of one or more states, Canadian provinces or
territories, or another country, the Securities and Exchange
Commission, the Commodity Futures Trading Commission, the
Securities Investor Protection Corporation, any
self-regulatory organization, and any governmental law
enforcement or regulatory agency.
(2) The cooperation authorized by paragraph (1) of this
subsection includes, but is not limited to, the following:
(a) establishing or participating in a central
depository or depositories for registration under this Act
and for documents or records required under this Act;
(b) making a joint audit, inspection, examination, or
investigation;
(c) holding a joint administrative hearing;
(d) filing and prosecuting a joint civil or criminal
proceeding;
(e) sharing and exchanging personnel;
(f) sharing and exchanging information and documents;

HB1717 - 195 - LRB104 05515 RLC 17325 b
or
(g) issuing any joint statement or policy.
(Source: P.A. 99-182, eff. 1-1-16; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18.)
HB1717 - 196 - LRB104 05515 RLC 17325 b
INDEX
Statutes amended in order of appearance
New Act
5 ILCS 70/1.46 new
5 ILCS 140/7.5
5 ILCS 810/Act rep.
20 ILCS 3435/12
20 ILCS 2620/7 from Ch. 127, par. 55j
20 ILCS 3440/16.3
225 ILCS 735/16 from Ch. 111, par. 716
410 ILCS 620/3.23
415 ILCS 5/44.1
510 ILCS 68/105-55
510 ILCS 70/4.01 from Ch. 8, par. 704.01
515 ILCS 5/1-215 from Ch. 56, par. 1-215
520 ILCS 5/1.25 from Ch. 61, par. 1.25
720 ILCS 5/10-9
720 ILCS 5/11-14.4
720 ILCS 5/11-20 from Ch. 38, par. 11-20
720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1
720 ILCS 5/11-20.4
720 ILCS 5/11-23.5
720 ILCS 5/11-23.7
720 ILCS 5/12C-65 was 720 ILCS 5/44-2 and 5/44-3
720 ILCS 5/17-6.3
HB1717 - 197 - LRB104 05515 RLC 17325 b
720 ILCS 5/17-10.6
720 ILCS 5/17-50 was 720 ILCS 5/16D-5 and 5/16D-6
720 ILCS 5/28-5 from Ch. 38, par. 28-5
720 ILCS 5/29D-65
720 ILCS 5/47-15
720 ILCS 5/48-1 was 720 ILCS 5/26-5
720 ILCS 5/36-1.1 rep.
720 ILCS 5/36-1.2 rep.
720 ILCS 5/36-1.3 rep.
720 ILCS 5/36-1.4 rep.
720 ILCS 5/36-1.5 rep.
720 ILCS 5/36-1a rep.
720 ILCS 5/36-2 rep.
720 ILCS 5/36-2.1 rep.
720 ILCS 5/36-2.2 rep.
720 ILCS 5/36-2.5 rep.
720 ILCS 5/36-2.7 rep.
720 ILCS 5/36-3 rep.
720 ILCS 5/36-3.1 rep.
720 ILCS 5/36-4 rep.
720 ILCS 5/36-5 rep.
720 ILCS 5/36-6 rep.
720 ILCS 5/36-7 rep.
720 ILCS 5/36-9 rep.
720 ILCS 550/12 from Ch. 56 1/2, par. 712
720 ILCS 570/505 from Ch. 56 1/2, par. 1505
HB1717 - 198 - LRB104 05515 RLC 17325 b