Bill Text: IL HB3816 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. Provides that forfeiture proceeds collected under those Acts distributed to the drug task force, metropolitan enforcement group, local, municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture may be used for costs associated with school resource officers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3816 Detail]

Download: Illinois-2021-HB3816-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3816 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
720 ILCS 5/36-7
725 ILCS 150/13.2 was 725 ILCS 150/17
Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. Provides that forfeiture proceeds collected under those Acts distributed to the drug task force, metropolitan enforcement group, local, municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture may be used for costs associated with school resource officers.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 36-7 as follows:
(720 ILCS 5/36-7)
Sec. 36-7. Distribution of proceeds; selling or retaining
seized property prohibited.
(a) Except as otherwise provided in this Section, the
court shall order that property forfeited under this Article
be delivered to the Department of State Police within 60 days.
(b) The Department of State Police or its designee shall
dispose of all property at public auction and shall distribute
the proceeds of the sale, together with any moneys forfeited
or seized, under subsection (c) of this Section.
(c) 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 drug task force,
metropolitan enforcement group, local, municipal, county,
or State law enforcement agency or agencies that conducted
or participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable

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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, at the discretion of the agency,
for the enforcement of criminal laws; costs associated
with school resource officers; or 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.
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:
(A) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;
(B) the intergovernmental agreement for police
services provides for consideration in an amount of

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not less than $1,000,000 per year;
(C) the seizure took place within the geographical
limits of the municipality; and
(D) the funds are used only for the enforcement of
criminal laws; costs associated with school resource
officers; 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) 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, at the discretion of the
State's Attorney, in the enforcement of criminal laws; or
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,

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at the discretion of the State's Attorney, in the
enforcement of criminal laws; or 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 shall be distributed to the Attorney
General for use in the enforcement of criminal 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.
12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and shall be used
at the discretion of the State's Attorneys Appellate
Prosecutor for additional expenses incurred in the
investigation, prosecution and appeal of cases arising in
the enforcement of criminal laws; 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.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale

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of seized and forfeited property.
(d) A law enforcement agency shall not retain forfeited
property for its own use or transfer the property to any person
or entity, except as provided under this Section. A law
enforcement agency may apply in writing to the Director of
State Police to request that forfeited property be awarded to
the agency for a specifically articulated official law
enforcement use in an investigation. The Director of State
Police shall provide a written justification in each instance
detailing the reasons why the forfeited property was placed
into official use, and the justification shall be retained for
a period of not less than 3 years.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
Section 10. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 13.2 as follows:
(725 ILCS 150/13.2) (was 725 ILCS 150/17)
Sec. 13.2. Distribution of proceeds; selling or retaining
seized property prohibited.
(a) Except as otherwise provided in this Section, the
court shall order that property forfeited under this Act be
delivered to the Department of State Police within 60 days.
(b) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:

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(1)(i) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State law
enforcement agency or agencies that 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; costs
associated with school resource officers; 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

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20,000 if:
(A) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;
(B) the intergovernmental agreement for police
services provides for consideration in an amount of
not less than $1,000,000 per year;
(C) the seizure took place within the geographical
limits of the municipality; and
(D) the funds are used only for the enforcement of
laws governing cannabis and controlled substances;
costs associated with school resource officers; 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, or 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

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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% shall 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 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,

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together with administrative expenses, and for legal
education 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.
(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. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
101-10, eff. 6-5-19.)