Bill Text: IL HB3157 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Criminal Code of 1963 and the Drug Asset Forfeiture Procedure Act. Provides that within 14 days of seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. Provides that, upon making a finding of probable cause, the circuit court shall enter a restraining order or injunction or take other appropriate action to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing is conducted. Provides that judicial in rem forfeiture proceedings may be instituted if the value of the non-real property exceeds $150,000 (rather than $20,000), excluding the value of any conveyance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3157 Detail]

Download: Illinois-2011-HB3157-Amended.html

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Rep. Michael J. Zalewski

Filed: 4/12/2011

09700HB3157ham001 LRB097 08722 RLC 54451 a
AMENDMENT TO HOUSE BILL 3157
AMENDMENT NO. ______. Amend House Bill 3157 on page 2, line
3, by inserting after "Section," the following:
"and after taking into account the respective interests of all
known claimants to the property including the State,"; and
on page 2, by inserting immediately after line 8 the following:
"Section 6. 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

09700HB3157ham001 - 2 - LRB097 08722 RLC 54451 a
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
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;

09700HB3157ham001 - 3 - LRB097 08722 RLC 54451 a
(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
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

09700HB3157ham001 - 4 - LRB097 08722 RLC 54451 a
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.
(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

09700HB3157ham001 - 5 - LRB097 08722 RLC 54451 a
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;
(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

09700HB3157ham001 - 6 - LRB097 08722 RLC 54451 a
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
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).

09700HB3157ham001 - 7 - LRB097 08722 RLC 54451 a
(g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1) 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 cannabis and controlled substances 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.
(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

09700HB3157ham001 - 8 - LRB097 08722 RLC 54451 a
governing cannabis and controlled substances. 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 controlled substances. 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.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(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. 94-1004, eff. 7-3-06; 95-989, eff. 10-3-08.)
Section 7. The Illinois Controlled Substances Act is
amended by changing Section 505 as follows:

09700HB3157ham001 - 9 - LRB097 08722 RLC 54451 a
(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
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 knowledge or consent;
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest

09700HB3157ham001 - 10 - LRB097 08722 RLC 54451 a
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 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
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

09700HB3157ham001 - 11 - LRB097 08722 RLC 54451 a
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
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.
(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

09700HB3157ham001 - 12 - LRB097 08722 RLC 54451 a
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
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.

09700HB3157ham001 - 13 - LRB097 08722 RLC 54451 a
(e) If the Department of 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. 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 may be forfeited to the
Department of Professional Regulation.
(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
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

09700HB3157ham001 - 14 - LRB097 08722 RLC 54451 a
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) 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 cannabis and controlled substances or for
security cameras used for the prevention or detection of
violence, except that amounts distributed to the Secretary

09700HB3157ham001 - 15 - LRB097 08722 RLC 54451 a
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.
(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. 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 controlled substances. 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.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.

09700HB3157ham001 - 16 - LRB097 08722 RLC 54451 a
(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 is the holder thereof,
constitutes authority for the seizure and forfeiture of the
plants.
(Source: P.A. 94-1004, eff. 7-3-06.)
Section 8. 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) all substances containing methamphetamine which
have been produced, manufactured, delivered, or possessed
in violation of this Act;
(2) all methamphetamine manufacturing materials which

09700HB3157ham001 - 17 - LRB097 08722 RLC 54451 a
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;
(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

09700HB3157ham001 - 18 - LRB097 08722 RLC 54451 a
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
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;

09700HB3157ham001 - 19 - LRB097 08722 RLC 54451 a
(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.
(d) Property taken or detained under this Section is not
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 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:

09700HB3157ham001 - 20 - LRB097 08722 RLC 54451 a
(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
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

09700HB3157ham001 - 21 - LRB097 08722 RLC 54451 a
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
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) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State law
enforcement agency or agencies which conducted or

09700HB3157ham001 - 22 - LRB097 08722 RLC 54451 a
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 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.
(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 methamphetamine, cannabis, and controlled
substances. 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. If
the prosecution is undertaken solely by the Attorney

09700HB3157ham001 - 23 - LRB097 08722 RLC 54451 a
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.
(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 methamphetamine, cannabis, and
controlled substances. 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.
(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. 94-556, eff. 9-11-05; 94-1004, eff. 7-3-06.)";
and
on page 3, line 8, by inserting after "Section," the following:
"and after taking into account the respective interests of all
known claimants to the property including the State,".