Bill Text: IL HB2409 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that 12.5% of all moneys and the sale proceeds of all other property forfeited and seized under the Acts shall be distributed to the Office of the Public Defender of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the Public Defender to be used for the expenses incurred in defending persons charged with violating laws governing cannabis and controlled substances. Decreases from 65% to 52.5% the amounts distributed to the metropolitan enforcement group, local, municipal, county, or state law enforcement agency or agencies which conducted or participated in the investigation resulting in the forfeiture.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2409 Detail]

Download: Illinois-2017-HB2409-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2409 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
720 ILCS 550/12 from Ch. 56 1/2, par. 712
720 ILCS 570/505 from Ch. 56 1/2, par. 1505
720 ILCS 646/85
Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that 12.5% of all moneys and the sale proceeds of all other property forfeited and seized under the Acts shall be distributed to the Office of the Public Defender of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the Public Defender to be used for the expenses incurred in defending persons charged with violating laws governing cannabis and controlled substances. Decreases from 65% to 52.5% the amounts distributed to the metropolitan enforcement group, local, municipal, county, or state law enforcement agency or agencies which conducted or participated in the investigation resulting in the forfeiture.
LRB100 06947 RLC 16998 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2409 LRB100 06947 RLC 16998 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cannabis Control Act is amended by changing
Section 12 as follows:
(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
Sec. 12. (a) The following are subject to forfeiture:
(1) all substances containing cannabis which have been
produced, manufactured, delivered, or possessed in
violation of this Act;
(2) all raw materials, products and equipment of any
kind which are produced, delivered, or possessed in
connection with any substance containing cannabis in
violation of this Act;
(3) all conveyances, including aircraft, vehicles or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of property described
in paragraph (1) or (2) that constitutes a felony violation
of the Act, but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section

HB2409 - 2 - LRB100 06947 RLC 16998 b
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to a violation of this Act;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he neither had knowledge of nor
consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended for
use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this Act;
(6) all real property, including any right, title, and
interest including, but not limited to, any leasehold
interest or the beneficial interest to a land trust, in the
whole of any lot or tract of land and any appurtenances or
improvements, that is used or intended to be used to

HB2409 - 3 - LRB100 06947 RLC 16998 b
facilitate the manufacture, distribution, sale, receipt,
or concealment of property described in paragraph (1) or
(2) of this subsection (a) that constitutes a felony
violation of more than 2,000 grams of a substance
containing cannabis or that is the proceeds of any felony
violation of this Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset Forfeiture
Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal Procedure
of 1963.
(c) In the event of seizure pursuant to subsection (b),

HB2409 - 4 - LRB100 06947 RLC 16998 b
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
(c-1) In the event the State's Attorney is of the opinion
that real property is subject to forfeiture under this Act,
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act. The exemptions from
forfeiture provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act are applicable.
(d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture
proceedings and the decisions of the State's Attorney under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property, estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by him;

HB2409 - 5 - LRB100 06947 RLC 16998 b
(3) keep the property in the possession of the seizing
agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable instrument
or money and is not needed for evidentiary purposes,
deposit it in an interest bearing account;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
Director.
(e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
(f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or

HB2409 - 6 - LRB100 06947 RLC 16998 b
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
(g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1)(i) 52.5% 65% shall be distributed to the
metropolitan enforcement group, local, municipal, county,
or state law enforcement agency or agencies which conducted
or participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the

HB2409 - 7 - LRB100 06947 RLC 16998 b
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or for security
cameras used for the prevention or detection of violence,
except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence
Fund to be used as provided in Section 2-115 of the
Illinois Vehicle Code.
(ii) Any local, municipal, or county law enforcement
agency entitled to receive a monetary distribution of
forfeiture proceeds may share those forfeiture proceeds
pursuant to the terms of an intergovernmental agreement
with a municipality that has a population in excess of
20,000 if:
(I) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;
(II) the intergovernmental agreement for police
services provides for consideration in an amount of not
less than $1,000,000 per year;

HB2409 - 8 - LRB100 06947 RLC 16998 b
(III) the seizure took place within the
geographical limits of the municipality; and
(IV) the funds are used only for the enforcement of
laws governing cannabis and controlled substances; for
public education in the community or schools in the
prevention or detection of the abuse of drugs or
alcohol; or for security cameras used for the
prevention or detection of violence or the
establishment of a municipal police force, including
the training of officers, construction of a police
station, the purchase of law enforcement equipment, or
vehicles.
(2)(i) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws
governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or at the
discretion of the State's Attorney, in addition to other
authorized purposes, to make grants to local substance
abuse treatment facilities and half-way houses. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney for use
in the enforcement of laws governing cannabis and

HB2409 - 9 - LRB100 06947 RLC 16998 b
controlled substances; for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol; or at the discretion of the
State's Attorney, in addition to other authorized
purposes, to make grants to local substance abuse treatment
facilities and half-way houses. If the prosecution is
undertaken solely by the Attorney General, the portion
provided hereunder shall be distributed to the Attorney
General for use in the enforcement of laws governing
cannabis and controlled substances.
(ii) 12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited in
the Narcotics Profit Forfeiture Fund of that Office to be
used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances or
for public education in the community or schools in the
prevention or detection of the abuse of drugs or alcohol.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(2.5) 12.5% shall be distributed to the Office of the
Public Defender of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
Public Defender to be used for the expenses incurred in

HB2409 - 10 - LRB100 06947 RLC 16998 b
defending persons charged with violating laws governing
cannabis and controlled substances.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
(Source: P.A. 99-686, eff. 7-29-16.)
Section 10. The Illinois Controlled Substances Act is
amended by changing Section 505 as follows:
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) all substances which have been manufactured,
distributed, dispensed, or possessed in violation of this
Act;
(2) all raw materials, products and equipment of any
kind which are used, or intended for use in manufacturing,
distributing, dispensing, administering or possessing any
substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of property described
in paragraphs (1) and (2), but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common

HB2409 - 11 - LRB100 06947 RLC 16998 b
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to a violation of this Act;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended 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

HB2409 - 12 - LRB100 06947 RLC 16998 b
improvements, which is used or intended to be used, in any
manner or part, to commit, or in any manner to facilitate
the commission of, any violation or act that constitutes a
violation of Section 401 or 405 of this Act or that is the
proceeds of any violation or act that constitutes a
violation of Section 401 or 405 of this Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the seizure is incident to inspection under an
administrative inspection warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset Forfeiture
Procedure Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) in accordance with the Code of Criminal Procedure

HB2409 - 13 - LRB100 06947 RLC 16998 b
of 1963.
(c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
(d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture
proceedings and the decisions of the State's Attorney under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by the
Director;
(3) keep the property in the possession of the seizing
agency;
(4) remove the property to a storage area for

HB2409 - 14 - LRB100 06947 RLC 16998 b
safekeeping or, if the property is a negotiable instrument
or money and is not needed for evidentiary purposes,
deposit it in an interest bearing account;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
Director.
(e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may be
placed under seal 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 may be forfeited to the Illinois State Police.
(f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall

HB2409 - 15 - LRB100 06947 RLC 16998 b
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
(g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1)(i) 52.5% 65% shall be distributed to the
metropolitan enforcement group, local, municipal, county,
or state law enforcement agency or agencies which conducted

HB2409 - 16 - LRB100 06947 RLC 16998 b
or participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or for security
cameras used for the prevention or detection of violence,
except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence
Fund to be used as provided in Section 2-115 of the
Illinois Vehicle Code.
(ii) Any local, municipal, or county law enforcement
agency entitled to receive a monetary distribution of
forfeiture proceeds may share those forfeiture proceeds
pursuant to the terms of an intergovernmental agreement
with a municipality that has a population in excess of
20,000 if:
(I) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;

HB2409 - 17 - LRB100 06947 RLC 16998 b
(II) the intergovernmental agreement for police
services provides for consideration in an amount of not
less than $1,000,000 per year;
(III) the seizure took place within the
geographical limits of the municipality; and
(IV) the funds are used only for the enforcement of
laws governing cannabis and controlled substances; for
public education in the community or schools in the
prevention or detection of the abuse of drugs or
alcohol; or for security cameras used for the
prevention or detection of violence or the
establishment of a municipal police force, including
the training of officers, construction of a police
station, the purchase of law enforcement equipment, or
vehicles.
(2)(i) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws
governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or at the
discretion of the State's Attorney, in addition to other
authorized purposes, to make grants to local substance
abuse treatment facilities and half-way houses. In

HB2409 - 18 - LRB100 06947 RLC 16998 b
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney for use
in the enforcement of laws governing cannabis and
controlled substances; for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol; or at the discretion of the
State's Attorney, in addition to other authorized
purposes, to make grants to local substance abuse treatment
facilities and half-way houses. If the prosecution is
undertaken solely by the Attorney General, the portion
provided hereunder shall be distributed to the Attorney
General for use in the enforcement of laws governing
cannabis and controlled substances or for public education
in the community or schools in the prevention or detection
of the abuse of drugs or alcohol.
(ii) 12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited in
the Narcotics Profit Forfeiture Fund of that office to be
used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances or
for public education in the community or schools in the
prevention or detection of the abuse of drugs or alcohol.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.

HB2409 - 19 - LRB100 06947 RLC 16998 b
(2.5) 12.5% shall be distributed to the Office of the
Public Defender of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
Public Defender to be used for the expenses incurred in
defending persons charged with violating laws governing
cannabis and controlled substances.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
(h) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this Act, or of which the owners or
cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the State. The failure, upon
demand by the Director or any peace officer, of the person in
occupancy or in control of land or premises upon which the
species of plants are growing or being stored, to produce
registration, or proof that he or she is the holder thereof,
constitutes authority for the seizure and forfeiture of the
plants.
(Source: P.A. 99-686, eff. 7-29-16.)
Section 15. The Methamphetamine Control and Community
Protection Act is amended by changing Section 85 as follows:

HB2409 - 20 - LRB100 06947 RLC 16998 b
(720 ILCS 646/85)
Sec. 85. Forfeiture.
(a) The following are subject to forfeiture:
(1) all substances containing methamphetamine which
have been produced, manufactured, delivered, or possessed
in violation of this Act;
(2) all methamphetamine manufacturing materials which
have been produced, delivered, or possessed in connection
with any substance containing methamphetamine in violation
of this Act;
(3) all conveyances, including aircraft, vehicles or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of property described
in paragraph (1) or (2) that constitutes a felony violation
of the Act, but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to a violation of this Act;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent;

HB2409 - 21 - LRB100 06947 RLC 16998 b
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended for
use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this Act.
(6) all real property, including any right, title, and
interest (including, but not limited to, any leasehold
interest or the beneficial interest in a land trust) in the
whole of any lot or tract of land and any appurtenances or
improvements, which is used, or intended to be used, in any
manner or part, to commit, or in any manner to facilitate
the commission of, any violation or act that constitutes a
violation of this Act or that is the proceeds of any
violation or act that constitutes a violation of this Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over

HB2409 - 22 - LRB100 06947 RLC 16998 b
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset Forfeiture
Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal Procedure
of 1963.
(c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
(d) Property taken or detained under this Section is not
subject to replevin, but is deemed to be in the custody of the

HB2409 - 23 - LRB100 06947 RLC 16998 b
Director subject only to the order and judgments of the circuit
court having jurisdiction over the forfeiture proceedings and
the decisions of the State's Attorney under the Drug Asset
Forfeiture Procedure Act. When property is seized under this
Act, the seizing agency shall promptly conduct an inventory of
the seized property, estimate the property's value, and forward
a copy of the inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by him or
her;
(3) keep the property in the possession of the seizing
agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable instrument
or money and is not needed for evidentiary purposes,
deposit it in an interest bearing account;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the

HB2409 - 24 - LRB100 06947 RLC 16998 b
Director.
(e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
(f) When property is forfeited under this Act, the Director
shall sell the property unless the property is required by law
to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to methamphetamine, cannabis, or
controlled substances, if the agency or prosecutor
demonstrates that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. When any
forfeited conveyance, including an aircraft, vehicle, or
vessel, is returned to the seizing agency or prosecutor, the
conveyance may be used immediately in the enforcement of the
criminal laws of this State. Upon disposal, all proceeds from
the sale of the conveyance must be used for drug enforcement
purposes. When any real property returned to the seizing agency

HB2409 - 25 - LRB100 06947 RLC 16998 b
is sold by the agency or its unit of government, the proceeds
of the sale shall be delivered to the Director and distributed
in accordance with subsection (g).
(g) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1)(i) 52.5% 65% shall be distributed to the
metropolitan enforcement group, local, municipal, county,
or State law enforcement agency or agencies which conducted
or participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing methamphetamine, cannabis, and controlled
substances; for public education in the community or
schools in the prevention or detection of the abuse of
drugs or alcohol; or for security cameras used for the
prevention or detection of violence, except that amounts
distributed to the Secretary of State shall be deposited
into the Secretary of State Evidence Fund to be used as
provided in Section 2-115 of the Illinois Vehicle Code.

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(ii) Any local, municipal, or county law enforcement
agency entitled to receive a monetary distribution of
forfeiture proceeds may share those forfeiture proceeds
pursuant to the terms of an intergovernmental agreement
with a municipality that has a population in excess of
20,000 if:
(I) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;
(II) the intergovernmental agreement for police
services provides for consideration in an amount of not
less than $1,000,000 per year;
(III) the seizure took place within the
geographical limits of the municipality; and
(IV) the funds are used only for the enforcement of
laws governing cannabis and controlled substances; for
public education in the community or schools in the
prevention or detection of the abuse of drugs or
alcohol; or for security cameras used for the
prevention or detection of violence or the
establishment of a municipal police force, including
the training of officers, construction of a police
station, the purchase of law enforcement equipment, or
vehicles.
(2)(i) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution

HB2409 - 27 - LRB100 06947 RLC 16998 b
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws
governing methamphetamine, cannabis, and controlled
substances; for public education in the community or
schools in the prevention or detection of the abuse of
drugs or alcohol; or at the discretion of the State's
Attorney, in addition to other authorized purposes, to make
grants to local substance abuse treatment facilities and
half-way houses. In counties with a population over
3,000,000, 25% shall be distributed to the Office of the
State's Attorney for use in the enforcement of laws
governing methamphetamine, cannabis, and controlled
substances; for public education in the community or
schools in the prevention or detection of the abuse of
drugs or alcohol; or at the discretion of the State's
Attorney, in addition to other authorized purposes, to make
grants to local substance abuse treatment facilities and
half-way houses. If the prosecution is undertaken solely by
the Attorney General, the portion provided hereunder shall
be distributed to the Attorney General for use in the
enforcement of laws governing methamphetamine, cannabis,
and controlled substances or for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol.
(ii) 12.5% shall be distributed to the Office of the

HB2409 - 28 - LRB100 06947 RLC 16998 b
State's Attorneys Appellate Prosecutor and deposited in
the Narcotics Profit Forfeiture Fund of that Office to be
used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing methamphetamine, cannabis, and
controlled substances or for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol. The Office of the State's
Attorneys Appellate Prosecutor shall not receive
distribution from cases brought in counties with a
population over 3,000,000.
(2.5) 12.5% shall be distributed to the Office of the
Public Defender of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
Public Defender to be used for the expenses incurred in
defending persons charged with violating laws governing
cannabis and controlled substances.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
(Source: P.A. 99-686, eff. 7-29-16.)