Bill Text: IL HB3038 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Seizure and Forfeiture Reporting Act. Requires each law enforcement entity that seizes, forfeits, or receives property under the Act to report specified information about the seizure and forfeiture of that property no later than 60 days after December 31 of the year in which the property is seized or forfeited. Provides that neither a law enforcement entity nor the Illinois State Police shall report the seizure, forfeiture, or receipt of property subject to reporting under federal law through equitable sharing agreements with the federal government. Provides that if a law enforcement entity does not seize, forfeit, or receive forfeiture funds during the reporting period, it shall file a null report. Makes changes concerning the information required in reports filed with the Illinois State Police under the Act. Provides that the Illinois State Police shall post annually on its website certain data. Provides that the Illinois State Police shall, within 120 days after the end of the calendar year, submit to the General Assembly, Attorney General, and Governor a written report summarizing activity in the State for the preceding year. Amends the Criminal Code of 2012. Provides that the Director's designee may sell or dispose of forfeited property. Amends the Drug Asset Forfeiture Procedure Act. Provides that the Director's designee may dispose of forfeited property.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Introduced) 2023-05-10 - Added Co-Sponsor Rep. Camille Y. Lilly [HB3038 Detail]

Download: Illinois-2023-HB3038-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3038 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
5 ILCS 810/10
720 ILCS 5/29B-7
720 ILCS 5/29B-12
725 ILCS 150/6 from Ch. 56 1/2, par. 1676
Amends the Seizure and Forfeiture Reporting Act. Requires each law enforcement entity that seizes, forfeits, or receives property under the Act to report specified information about the seizure and forfeiture of that property no later than 60 days after December 31 of the year in which the property is seized or forfeited. Provides that neither a law enforcement entity nor the Illinois State Police shall report the seizure, forfeiture, or receipt of property subject to reporting under federal law through equitable sharing agreements with the federal government. Provides that if a law enforcement entity does not seize, forfeit, or receive forfeiture funds during the reporting period, it shall file a null report. Makes changes concerning the information required in reports filed with the Illinois State Police under the Act. Provides that the Illinois State Police shall post annually on its website certain data. Provides that the Illinois State Police shall, within 120 days after the end of the calendar year, submit to the General Assembly, Attorney General, and Governor a written report summarizing activity in the State for the preceding year. Amends the Criminal Code of 2012. Provides that the Director's designee may sell or dispose of forfeited property. Amends the Drug Asset Forfeiture Procedure Act. Provides that the Director's designee may dispose of forfeited property.
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A BILL FOR
HB3038 LRB103 30289 DTM 56717 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Seizure and Forfeiture Reporting Act is
amended by changing Sections 10 as follows:
(5 ILCS 810/10)
Sec. 10. Reporting by law enforcement entity agency.
(a) Each law enforcement entity agency that seizes,
forfeits, or receives property subject to reporting under this
Act shall report the following information about each seizure
and forfeiture of property seized or forfeited under State law
to the Illinois State Police no later than 60 days after
December 31 of the year in which the property is seized or
forfeited. Neither a law enforcement entity nor the Illinois
State Police shall report the seizure, forfeiture, or receipt
of property that is subject to reporting under federal law
through equitable sharing agreements with the federal
government. If a law enforcement entity does not seize,
forfeit, or receive forfeiture funds during a reporting
period, it shall file a null report for the reporting period
with the Illinois State Police. The Illinois State Police
shall update or replace forms, establish processes, and assign
to the appropriate seizing, forfeiting, and receiving entities

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responsibility for reporting the following information:
(1) the name of the law enforcement agency that seized
the property or the name of the lead agency if a state
multijurisdictional task force seizes the property;
(2) the date of the seizure;
(3) the type of property seized, including a building,
vehicle, boat, cash, negotiable security, or firearm,
except reporting is not required for seizures of
contraband including alcohol, gambling devices, drug
paraphernalia, and controlled substances;
(4) a description of the property seized and the
estimated value of the property and if the property is a
conveyance, the description shall include the make, model,
year, and vehicle identification number or serial number;
and
(5) the location where the seizure occurred,
including: .
(A) the zip code of the location;
(B) a description of the type of location, such as
a home, business, or roadway;
(6) a description of the direction of traffic flow if
the seizure is made during a traffic stop on an interstate
or State highway;
(7) a citation to the statutory authority under which
the seizure or forfeiture was executed;
(8) a citation to the statutory authority of the

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alleged criminal offense that led to the seizure, if any;
(9) a citation to the statutory authority for which
the accused person was arrested or charged, if any;
(10) the criminal case number, if any, and court in
which the case was filed;
(11) the accused person's race, sex, year of birth,
and residential zip code;
(12) a description of the outcome of the accused
person's criminal case, which specifies whether charges
were filed or dropped and whether the accused was
acquitted, entered a plea agreement, or was convicted;
(13) the forfeiture case number and the court in which
the case was filed;
(14) a description of whether the forfeiture was
completed as a judicial or nonjudicial proceeding and, if
judicial, whether it was a criminal proceeding or civil
proceeding.
(15) a description of claims filed by a property owner
or other interested party, if any, such as:
(A) a verified claim in a nonjudicial forfeiture
proceeding under Section 6 of the Drug Asset
Forfeiture Procedure Act, Section 29 of the Criminal
Code of 2012, or other statute to which these
reporting requirements apply;
(B) an answer asserting a claim for the property
in an action in rem under Section 9 of the Drug Asset

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Forfeiture Procedure Act, Section 29 or 36 of the
Criminal Code of 2012, or other statute to which these
reporting requirements apply;
(C) a motion for an innocent owner hearing under
Section 9 of the Drug Asset Forfeiture Procedure Act,
Section 36 of the Criminal Code of 2012, or other
statute to which these reporting requirements apply;
(D) a petition to intervene under Section 2-408 of
the Code of Civil Procedure;
(E) a petition for remission under Section 36 of
the Criminal Code of 2012 or other statute to which
these reporting requirements apply;
(F) a claim for judicial review that is filed
under Section 124B-170 of the Criminal Code of 2012 or
other statute to which these reporting requirements
apply and that is filed after an order of forfeiture is
entered;
(G) a substantial hardship motion filed under
Section 36 of the Criminal Code of 2012; or
(H) any other claim contesting the forfeiture of
property under any provision for which reporting is
mandated under this Section.
(16) a description of whether the person that filed
the claim or petition is an accused person, innocent
owner, a creditor, or an otherwise interested party;
(17) a description of whether the petitioner filed for

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a full or partial waiver of court fees;
(18) a description of the outcome of any judicial
forfeiture action, including the outcome of motions filed,
default judgments, judgments after a contested hearing;
settlements between the owner or other interested party
and the State's Attorney under Section 11 of the Drug
Asset Forfeiture Procedure Act, or other outcome;
(19) a description of whether the Attorney General
granted a petition for remission under Section 36 of the
Criminal Code of 2012 or other statute to which these
reporting requirements apply;
(20) the date the final forfeiture order was entered;
(21) a description of the disposition of the property,
including a statement regarding whether the property was
returned to the owner, partially returned to the owner,
sold, destroyed, retained by a law enforcement entity, or
was otherwise disposed;
(22) the date and location of the property
disposition; and
(23) the total value of forfeited property held by
each entity at the end of the reporting period.
The filing requirement shall be met upon filing Illinois
State Police Notice/Inventory of Seized Property (Form 4-64)
as amended, supplemented, or replaced to allow for the
reporting of elements required in this Section, with the
State's Attorney's Office in the county where the forfeiture

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action is being commenced or with the Attorney General's
Office if the forfeiture action is being commenced by that
office, and the forwarding of said forms Form 4-64 upon
approval of the State's Attorney's Office or the Attorney
General's Office to the Illinois State Police Asset Forfeiture
Section. With regard to seizures for which Form 4-64 is not
required to be filed, the filing requirement shall be met by
the filing of an annual summary report with the Illinois State
Police no later than 60 days after December 31 of that year.
(b) Each seizing law enforcement entity agency, including
a drug task force or Metropolitan Enforcement Group (MEG)
unit, that receives proceeds from forfeitures subject to
reporting under this Act shall file an annual report with the
Illinois State Police no later than 60 days after December 31
of that year. If an entity did not seize, forfeit, receive, or
spend forfeiture funds during the reporting period, it shall
file a null report with the Illinois State Police. The format
of the report shall be developed by the Illinois State Police
and shall be completed by the law enforcement entity agency.
The report shall include, at a minimum, the amount of funds and
other property distributed to the law enforcement entity
agency by the Illinois State Police, the amount of funds
expended by the law enforcement entity agency, and the
category of expenditure, including:
(1) crime, gang, or abuse prevention or intervention
programs;

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(2) compensation or services for crime victims;
(3) investigation and litigation expenses, including
expenses for forensics, witness protection, informant
fees, and controlled purchases of contraband, auditing,
court reporting, expert witnesses, attorneys, court fees,
discovery, court reporters, printing, postage, filing,
outside counsel, and awards to opposing parties;
(4) salaries, overtime, and benefits, as permitted by
law;
(5) operating expenses, including but not limited to,
capital expenditures, including expenditures for for
vehicles, firearms, equipment, computers, software,
hardware, appliances, canines, furniture, advanced
surveillance technology, including, but not limited to,
IMSI catchers office supplies, postage, printing,
membership fees paid to trade associations, and fees for
professional services including auditing, court reporting,
expert witnesses, and attorneys;
(6) travel, meals, entertainment, conferences,
training, and continuing education seminars; and
(7) operating expenses related to seized property,
including expenses for the storage, maintenance, repairs,
and return of seized property;
(8) administrative expenses, including expenses for
office supplies, postage, printing, utilities, and repairs
and maintenance of official vehicles and other equipment;

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and
(9) (7) other expenditures of forfeiture proceeds.
(c) The Illinois State Police shall establish and maintain
on its official website a public case tracking system and
searchable database that includes annual aggregate data for
each law enforcement agency that reports each seizure and
forfeiture seizures of property in a machine-readable format
under subsection (a) of this Section, by each law enforcement
agency that receives distributions of forfeiture proceeds
subject to reporting under this Act, or reports expenditures
under subsection (b) of this Section. This aggregate data
shall include, for each law enforcement agency:
(d) The Illinois State Police shall post annually on its
website aggregate data for each law enforcement agency
required to report under this Section. This annual aggregate
data shall include the following information for each law
enforcement agency or, if applicable, a null report:
(1) the total number of asset seizures reported by
each law enforcement agency during the calendar year;
(2) the monetary value of all currency or its
equivalent seized by the law enforcement agency during the
calendar year;
(3) the number of conveyances seized by the law
enforcement agency during the calendar year, and the
aggregate estimated value;
(4) the aggregate estimated value of all other

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property seized by the law enforcement agency during the
calendar year;
(5) the monetary value of distributions by the
Illinois State Police of forfeited currency or auction
proceeds from forfeited property to the law enforcement
agency during the calendar year; and
(6) the total amount of the seizing law enforcement
agency's expenditures of forfeiture proceeds during the
calendar year, categorized as provided under subsection
(b) of this Section.
The database shall not provide names, addresses, phone
numbers, or other personally identifying information of owners
or interest holders, persons, business entities, covert office
locations, or business entities involved in the forfeiture
action and shall not disclose the vehicle identification
number or serial number of any conveyance.
(e) The Illinois State Police shall, 120 days after the
end of each calendar year, submit to the General Assembly,
Attorney General, and Governor a written report that
summarizes activity in the State for the preceding year and
includes the type, approximate value, and disposition of the
property seized and the amount of proceeds received and
expended at the State and local levels. The report shall
provide a categorized accounting of all proceeds expended. It
shall disaggregate, by agency, summary data on seizures,
forfeitures, and expenditures of forfeiture proceeds. The

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Illinois State Police shall post the aggregate report on its
website.
(f) The Illinois State Police may include in its aggregate
report recommendations to improve statutes, rules, and
policies to better ensure that seizures, forfeitures, and
expenditures are conducted and reported in a manner that is
fair to crime victims, innocent property owners, secured
interest holders, law enforcement officials, citizens, and
taxpayers.
(g) (d) The Illinois State Police shall adopt rules to
administer the asset forfeiture program, including the
categories of authorized expenditures consistent with the
statutory guidelines for each of the included forfeiture
statutes, the use of forfeited funds, other expenditure
requirements, and the reporting of seizure and forfeiture
information. The Illinois State Police may adopt rules
necessary to implement this Act through the use of emergency
rulemaking under Section 5-45 of the Illinois Administrative
Procedure Act for a period not to exceed 180 days after the
effective date of this Act.
(h) (e) The Illinois State Police shall have authority and
oversight over all law enforcement agencies receiving
forfeited funds from the Illinois State Police. This authority
shall include enforcement of rules and regulations adopted by
the Illinois State Police and sanctions for violations of any
rules and regulations, including the withholding of

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distributions of forfeiture proceeds from the law enforcement
agency in violation.
(i) (f) Upon application by a law enforcement agency to
the Illinois State Police, the reporting of a particular asset
forfeited under this Section may be delayed if the asset in
question was seized from a person who has become a
confidential informant under the agency's confidential
informant policy, or if the asset was seized as part of an
ongoing investigation. This delayed reporting shall be granted
by the Illinois State Police for a maximum period of 6 months
if the confidential informant is still providing cooperation
to law enforcement or the investigation is still ongoing,
after which the asset shall be reported as required under this
Act.
(j) (g) The Illinois State Police shall, on or before
January 1, 2024 2019, establish and implement the requirements
of this Act. To In order to implement the reporting and public
database requirements under this Act, the Illinois State
Police Asset Forfeiture Section requires a one-time upgrade of
its information technology software and hardware. This
one-time upgrade shall be funded by a temporary allocation of
5% of all forfeited currency and 5% of the auction proceeds
from each forfeited asset, which are to be distributed after
the effective date of this Act. The Illinois State Police
shall transfer these funds at the time of distribution to a
separate fund established by the Illinois State Police. Moneys

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deposited in this fund shall be accounted for and shall be used
only to pay for the actual one-time cost of purchasing and
installing the hardware and software required to comply with
this new reporting and public database requirement. Moneys
deposited in the fund shall not be subject to reappropriation,
reallocation, or redistribution for any other purpose. After
sufficient funds are transferred to the fund to cover the
actual one-time cost of purchasing and installing the hardware
and software required to comply with this new reporting and
public database requirement, no additional funds shall be
transferred to the fund for any purpose. At the completion of
the one-time upgrade of the information technology hardware
and software to comply with this new reporting and public
database requirement, any remaining funds in the fund shall be
returned to the participating agencies under the distribution
requirements of the statutes from which the funds were
transferred, and the fund shall no longer exist.
(k) (h)(1) The Illinois State Police, in consultation with
and subject to the approval of the Chief Procurement Officer,
may procure a single contract or multiple contracts to
implement this Act.
(2) A contract or contracts under this subsection (k) (h)
are not subject to the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
that Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required

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under Article 50 of the Illinois Procurement Code. The
provisions of this paragraph (2), other than this sentence,
are inoperative on and after July 1, 2019.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 29B-7 and 29B-12 as follows:
(720 ILCS 5/29B-7)
Sec. 29B-7. Safekeeping of seized property pending
disposition.
(a) If property is seized under this Article, 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
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;

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(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.
(b) When property is forfeited under this Article, the
Director or the Director's designee shall sell all 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, under Section 29B-26 of this Article.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
(720 ILCS 5/29B-12)
Sec. 29B-12. Non-judicial forfeiture. If non-real
property that exceeds $20,000 in value excluding the value of
any conveyance, or if real property is seized under the
provisions of this Article, the State's Attorney shall
institute judicial in rem forfeiture proceedings as described
in Section 29B-13 of this Article within 28 days from receipt
of notice of seizure from the seizing agency under Section
29B-8 of this Article. However, if non-real property that does

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not exceed $20,000 in value excluding the value of any
conveyance is seized, the following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then, within 28
days after the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of
pending forfeiture to be given to the owner of the
property and all known interest holders of the property in
accordance with Section 29B-10 of this Article.
(2) The notice of pending forfeiture shall include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct
giving rise to forfeiture or the violation of law alleged,
and a summary of procedures and procedural rights
applicable to the forfeiture action.
(3)(A) Any person claiming an interest in property
that is the subject of notice under paragraph (1) of this
Section, must, in order to preserve any rights or claims
to the property, within 45 days after the effective date
of notice as described in Section 29B-10 of this Article,
file a verified claim with the State's Attorney expressing
his or her interest in the property. The claim shall set
forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the

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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;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim, then the State's
Attorney shall institute judicial in rem forfeiture
proceedings with the clerk of the court as described in
Section 29B-13 of this Article within 28 days after
receipt of the claim.
(4) If no claim is filed within the 28-day period as
described in paragraph (3) of this Section, the State's
Attorney shall declare the property forfeited and shall
promptly notify the owner and all known interest holders
of the property and the Director of the Illinois State
Police or the Director's designee of the declaration of

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forfeiture and the Director shall dispose of the property
in accordance with law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 15. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 6 as follows:
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
Sec. 6. Non-judicial forfeiture. If non-real property that
exceeds $150,000 in value excluding the value of any
conveyance, or if real property is seized under the provisions
of the Illinois Controlled Substances Act, the Cannabis
Control Act, or the Methamphetamine Control and Community
Protection Act, the State's Attorney shall institute judicial
in rem forfeiture proceedings as described in Section 9 of
this Act within 28 days from receipt of notice of seizure from
the seizing agency under Section 5 of this Act. However, if
non-real property that does not exceed $150,000 in value
excluding the value of any conveyance is seized, the following
procedure shall be used:
(A) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then, within 28
days of the receipt of notice of seizure from the seizing
agency, the State's Attorney shall cause notice of pending
forfeiture to be given to the owner of the property and all

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known interest holders of the property in accordance with
Section 4 of this Act.
(B) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct
giving rise to forfeiture or the violation of law alleged,
and a summary of procedures and procedural rights
applicable to the forfeiture action.
(C)(1) Any person claiming an interest in property
which is the subject of notice under subsection (A) of
this Section may, within 45 days after the effective date
of notice as described in Section 4 of this Act, file a
verified claim with the State's Attorney expressing his or
her interest in the property. The claim 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 provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(2) If a claimant files the claim then the State's
Attorney shall institute judicial in rem forfeiture
proceedings within 28 days after receipt of the claim.
(D) If no claim is filed within the 45-day period as
described in subsection (C) of this Section, the State's
Attorney shall declare the property forfeited and shall
promptly notify the owner and all known interest holders
of the property and the Director of the Illinois State
Police of the declaration of forfeiture and the Director
or the Director's designee shall dispose of the property
in accordance with law.
(Source: P.A. 102-538, eff. 8-20-21.)