Bill Text: IL SB1578 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Seizure and Forfeiture Reporting Act. Provides that the Illinois Criminal Justice Information Authority shall establish and maintain on its official website a searchable public database that includes specified information about property seized and forfeited under State law and under any agreement with the federal government. Provides that every law enforcement agency that seizes property subject to reporting under the Act shall report the specified information required under the Act on a monthly basis. Provides that the Illinois Criminal Justice Information Authority may recoup its costs under the Act by charging a fee to law enforcement agencies required to file a report. Provides that the Act applies to provisions of law that authorizes a law enforcement agency to seize property alleged to have been used in or derived from the commission of a criminal offense. Creates the Asset Forfeiture Proceeds Disbursement Law. Provides that the Illinois Criminal Justice Information Authority shall award grants under the procedures of the Act for the disbursement of monies collected in the Asset Forfeiture Proceeds Fund. Amends various Acts concerning criminal forfeiture to make conforming changes. Changes most forfeiture distributions from law enforcement agencies to the Asset Forfeiture Proceeds Fund. Makes changes to the procedures and distribution of contraband proceeds to various governmental units and agencies.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-08-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1578 Detail]

Download: Illinois-2017-SB1578-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1578

Introduced 2/9/2017, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:
See Index

Creates the Seizure and Forfeiture Reporting Act. Provides that the Illinois Criminal Justice Information Authority shall establish and maintain on its official website a searchable public database that includes specified information about property seized and forfeited under State law and under any agreement with the federal government. Provides that every law enforcement agency that seizes property subject to reporting under the Act shall report the specified information required under the Act on a monthly basis. Provides that the Illinois Criminal Justice Information Authority may recoup its costs under the Act by charging a fee to law enforcement agencies required to file a report. Provides that the Act applies to provisions of law that authorizes a law enforcement agency to seize property alleged to have been used in or derived from the commission of a criminal offense. Creates the Asset Forfeiture Proceeds Disbursement Law. Provides that the Illinois Criminal Justice Information Authority shall award grants under the procedures of the Act for the disbursement of monies collected in the Asset Forfeiture Proceeds Fund. Amends various Acts concerning criminal forfeiture to make conforming changes. Changes most forfeiture distributions from law enforcement agencies to the Asset Forfeiture Proceeds Fund. Makes changes to the procedures and distribution of contraband proceeds to various governmental units and agencies.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1578LRB100 04747 SLF 14754 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Seizure and Forfeiture Reporting Act.
6 Section 3. Definitions. For the purposes of this Act,
7"Authority" means the Illinois Criminal Justice Information
8Authority.
9 Section 5. Applicability. This Act is applicable to
10property seized or forfeited under the following provisions of
11law:
12 (1) Section 3.23 of the Illinois Food, Drug and Cosmetic
13Act;
14 (2) Section 44.1 of the Environmental Protection Act;
15 (3) Section 105-55 of the Herptiles-Herps Act;
16 (4) Section 1-215 of the Fish and Aquatic Life Code;
17 (5) Section 1.25 of the Wildlife Code;
18 (6) Section 17-10.6 of the Criminal Code of 2012 (financial
19institution fraud);
20 (7) Section 28-5 of the Criminal Code of 2012 (gambling);
21 (8) Article 29B of the Criminal Code of 2012 (money
22laundering);

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1 (9) Article 33G of the Criminal Code of 2012 (Illinois
2Street Gang and Racketeer Influenced and Corrupt Organizations
3Law);
4 (10) Article 36 of the Criminal Code of 2012 (seizure and
5forfeiture of vessels, vehicles and aircraft);
6 (11) Section 47-15 of the Criminal Code of 2012 (dumping
7garbage upon real property);
8 (l2) Article 124B of the Code Of Criminal Procedure of 1963
9(forfeiture);
10 (13) Drug Asset Forfeiture Procedure Act;
11 (14) Narcotics Profit Forfeiture Act;
12 (15) Illinois Streetgang Terrorism Omnibus Prevention Act;
13 (16) Illinois Securities Law of 1953; and
14 (17) any other provision of law that authorizes a law
15enforcement agency to seize for the purpose of forfeiture
16property alleged to have been used in or derived from the
17commission of a criminal offense.
18 Section 10. Reporting by law enforcement agency.
19 (a) Each law enforcement agency that seizes property
20subject to reporting under this Act shall report information
21about property seized or forfeited under State law and under
22any agreement with the federal government to the Illinois
23Criminal Justice Information Authority each month which shall
24include the following:
25 (1) the name of the law enforcement agency that seized

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1 the property;
2 (2) the date of the seizure;
3 (3) the type of property seized, such as a building,
4 vehicle, boat, cash, negotiable security, or firearm,
5 except reporting is not required for seizures of contraband
6 including alcohol, gaming devices, drug paraphernalia, and
7 controlled substances;
8 (4) a description of the property seized and the
9 estimated value of the property and if the property is a
10 conveyance, the description shall include the make, model,
11 year, and vehicle identification number or serial number;
12 (5) the location where the seizure occurred;
13 (6) whether the seizure was adopted by the federal
14 government, part of a joint task force with the federal
15 government, or other arrangement with the federal
16 government;
17 (7) the alleged violation of law giving rise to the
18 seizure;
19 (8) whether any person has been convicted of a
20 violation described in paragraph (7) of this Section;
21 (9) whether an action for forfeiture of the property
22 has been instituted;
23 (10) if applicable, the disposition of the property
24 through the forfeiture process, such as returned to owner,
25 returned to third-party owner, sold, destroyed, or
26 retained by law enforcement;

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1 (11) if applicable, the date upon which the property
2 was disposed as described in paragraph (10) of this
3 Section; and
4 (l2) if applicable, the value of the property
5 forfeited.
6 (b) Each law enforcement agency that expends proceeds from
7the forfeiture of property subject to reporting under this Act
8shall transmit to the Authority on or before January 31 of each
9year for the prior calendar year the following information:
10 (1) the total amount of funds expended, in each of the
11 following categories, which resulted from property seized,
12 forfeited, or reported under Section 10 of this Act:
13 (A) abuse, crime, or gang prevention programs;
14 (B) compensation or services for crime victims;
15 (C) witness protection, informant fees, or
16 controlled purchases of contraband;
17 (D) salaries, overtime, or benefits, as permitted
18 by law;
19 (E) professional outside services, including
20 auditing, court reporting, expert witnesses,
21 attorney's fees, or membership fees paid to trade
22 associations;
23 (F) travel, meals, entertainment, conferences,
24 training, or continuing education seminars;
25 (G) other operating expenses including office
26 supplies, postage, or printing;

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1 (H) capital expenditures including vehicles,
2 firearms, equipment, computers, or furniture; and
3 (I) other expenditures of forfeiture proceeds.
4 (2) the total value of forfeited property held by the
5 agency at the end of the reporting period.
6 (c) The commander of a multijurisdictional task force may
7appoint one agency to report its seizures.
8 Section 15. Illinois Criminal Justice Information
9Authority seized and forfeited property database. The
10Authority shall establish and maintain on its official website
11a searchable public database that includes all of the
12information reported under subsections (a) and (b) of Section
1310 of this Act.
14 Section 20. Rules. The Authority shall adopt any rules
15necessary to implement this Act.
16 Section 25. Procedures to compel compliance. The Authority
17may adopt procedures to compel a law enforcement agency's
18compliance with the reporting requirements under this Act.
19 Section 30. Recoupment of costs. The Authority may recoup
20its costs under this Act by charging a fee to a law enforcement
21agency required to file a report under this Act. A law
22enforcement agency may use forfeiture proceeds to pay the costs

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1of compiling and reporting data under this Act, and to pay any
2fees imposed by the Authority under this Section.
3 Section 50. Short title. Sections 50 through 85 may be
4cited as the Asset Forfeiture Proceeds Disbursement Law.
5 Section 55. Fund. The Asset Forfeiture Proceeds Fund is
6created as a special fund in the State treasury to provide
7monies for the grants to be awarded under this Law. The
8Illinois Criminal Justice Information Authority shall
9administer the disbursement of monies collected in the Asset
10Forfeiture Proceeds Fund through the awarding of grants in
11accordance with the procedures in this Law.
12 Section 60. Funding eligibility. The following entities
13shall be eligible to apply to the Authority for selection and
14funding under this Law:
15 (1) A public or private nonprofit agency, school district,
16park district, or other unit of local government may apply for
17funding for any of the following purposes:
18 (A) to provide residential or outpatient mental
19 health, substance abuse treatment, or aftercare services;
20 (B) to provide supportive services to victims of
21 domestic violence, sexual assault, or other violent
22 crimes;
23 (C) to provide education in the community or schools to

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1 promote prevention of the abuse of drugs or alcohol;
2 (D) to purchase opioid antagonists as defined in
3 Section 5-23 of the Alcoholism and Other Drug Abuse and
4 Dependency Act; or
5 (E) to provide job training or employment services to
6 persons who are unemployed, employed in low-skill jobs,
7 low-wage jobs, or who have criminal records.
8 (2) Any State or local law enforcement agency may apply for
9funding for any of the following purposes:
10 (A) to enforce the criminal and traffic laws of this
11 State;
12 (B) to administer gang intervention and prevention
13 programs;
14 (C) to purchase opioid antagonists as defined in
15 Section 5-23 of the Alcoholism and Other Drug Abuse and
16 Dependency Act;
17 (D) to provide education in the community or schools to
18 promote prevention of the abuse of drugs or alcohol; or
19 (E) for security cameras used for the prevention or
20 detection of violence.
21 (3) A State's Attorney, the Office of the State's Attorneys
22Appellate Prosecutor, or the Attorney General may apply for
23funding to defray expenses incurred in the investigation,
24prosecution, or appeal of cases arising under the criminal laws
25of this State.

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1 Section 65. Funding consideration. The Authority shall
2consider the following factors in selecting applicants to
3receive funds under this Law:
4 (1) the stated goals of the applicants;
5 (2) the commitment and ability of the applicants to
6 provide the services described in this Law;
7 (3) the number of persons to be served and the needs of
8 the community;
9 (4) evidence of community support;
10 (5) the organizational structure of the applicant
11 agency; and
12 (6) evidence that the applicant's proposed use of grant
13 funds is likely to produce public safety benefits for the
14 people of this State.
15 Section 70. Selection of applicants. After evaluation of
16all applicants, the Authority shall select a number of
17applicants which the Authority deems qualified under this Law
18for designation to receive funding under this Law. In making
19these grants, the Authority shall take into account the State's
20law enforcement priorities and needs identified by the
21Department of State Police.
22 Section 75. Funding contracts. Funding contracts shall be
23entered into by the Illinois Criminal Justice Information
24Authority with each designated applicant on an annual basis.

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1The Authority may require that a grant recipient provide
2matching funds equal to the grant amount.
3 Section 80. Funding cancellation. The Authority may
4evaluate each recipient prior to each fund dispersal and cancel
5the remaining term of any contract in which the recipient has
6failed to meet the contract requirements, or for any good
7cause.
8 Section 85. Rules. The Illinois Criminal Justice
9Information Authority may adopt rules to implement the
10provisions of this Law.
11 Section 150. The State Finance Act is amended by adding
12Section 5.878 as follows:
13 (30 ILCS 105/5.878 new)
14 Sec. 5.878. The Asset Forfeiture Proceeds Fund.
15 Section 155. The Illinois Food, Drug and Cosmetic Act is
16amended by changing Section 3.23 as follows:
17 (410 ILCS 620/3.23)
18 Sec. 3.23. Legend drug prohibition.
19 (a) In this Section:
20 "Legend drug" means a drug limited by the Federal Food,

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1Drug and Cosmetic Act to being dispensed by or upon a medical
2practitioner's prescription because the drug is:
3 (1) habit forming;
4 (2) toxic or having potential for harm; or
5 (3) limited in use by the new drug application for the
6 drug to use only under a medical practitioner's
7 supervision.
8 "Medical practitioner" means any person licensed to
9practice medicine in all its branches in the State.
10 "Deliver" or "delivery" means the actual, constructive, or
11attempted transfer of possession of a legend drug, with or
12without consideration, whether or not there is an agency
13relationship.
14 "Manufacture" means the production, preparation,
15propagation, compounding, conversion, or processing of a
16legend drug, either directly or indirectly, by extraction from
17substances of natural origin, or independently by means of
18chemical synthesis, or by a combination of extraction and
19chemical synthesis, and includes any packaging or repackaging
20of the substance or labeling of its container. "Manufacture"
21does not include:
22 (1) by an ultimate user, the preparation or compounding
23 of a legend drug for his own use; or
24 (2) by a medical practitioner, or his authorized agent
25 under his supervision, the preparation, compounding,
26 packaging, or labeling of a legend drug:

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1 (A) as an incident to his administering or
2 dispensing of a legend drug in the course of his
3 professional practice; or
4 (B) as an incident to lawful research, teaching, or
5 chemical analysis and not for sale.
6 "Prescription" has the same meaning ascribed to it in
7Section 3 of the Pharmacy Practice Act.
8 (b) It is unlawful for any person to knowingly manufacture
9or deliver or possess with the intent to manufacture or deliver
10a legend drug of 6 or more pills, tablets, capsules, or caplets
11or 30 ml or more of a legend drug in liquid form who is not
12licensed by applicable law to prescribe or dispense legend
13drugs or is not an employee of the licensee operating in the
14normal course of business under the supervision of the
15licensee. Any person who violates this Section is guilty of a
16Class 3 felony, the fine for which shall not exceed $100,000. A
17person convicted of a second or subsequent violation of this
18Section is guilty of a Class 1 felony, the fine for which shall
19not exceed $250,000.
20 (c) The following are subject to forfeiture:
21 (1) (blank); all substances that have been
22 manufactured, distributed, dispensed, or possessed in
23 violation of this Act;
24 (2) all raw materials, products, and equipment of any
25 kind which are used, or intended for use in manufacturing,
26 distributing, dispensing, administering, or possessing any

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1 substance in violation of subsection (b) of this Section
2 Act;
3 (3) all conveyances, including aircraft, vehicles, or
4 vessels, which are used, or intended for use, to transport,
5 or in any manner to facilitate the transportation, sale,
6 receipt, possession, or concealment of any substance
7 manufactured, delivered, or possessed in violation of
8 subsection (b) of this Section or property described in
9 paragraph items (1) and (2) of this subsection (c), but:
10 (A) no conveyance used by any person as a common
11 carrier in the transaction of business as a common
12 carrier is subject to forfeiture under this Section
13 unless it appears that the owner or other person in
14 charge of the conveyance is a consenting party or privy
15 to the a violation of this Act;
16 (B) no conveyance is subject to forfeiture under
17 this Section by reason of any act or omission which the
18 owner proves to have been committed or omitted without
19 his knowledge or consent; and
20 (C) a forfeiture of a conveyance encumbered by a
21 bona fide security interest is subject to the interest
22 of the secured party if he neither had knowledge of nor
23 consented to the act or omission;
24 (4) all money, things of value, books, records, and
25 research products and materials including formulas,
26 microfilm, tapes, and data that are used, or intended to be

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1 used in violation of subsection (b) of this Section Act;
2 (5) everything of value furnished, or intended to be
3 furnished, in exchange for a substance in violation of
4 subsection (b) of this Section Act, all proceeds traceable
5 to such an exchange, and all moneys, negotiable
6 instruments, and securities used, or intended to be used,
7 to commit or in any manner to facilitate any violation of
8 subsection (b) of this Section Act; and
9 (6) all real property, including any right, title, and
10 interest, including, but not limited to, any leasehold
11 interest or the beneficial interest in a land trust, in the
12 whole of any lot or tract of land and any appurtenances or
13 improvements, which is used or intended to be used, in any
14 manner or part, to commit, or in any manner to facilitate
15 the commission of, any violation or act that constitutes a
16 violation of subsection (b) of this Section 33.1 of this
17 Act or that is the proceeds of any violation or act that
18 constitutes a violation of subsection (b) of this Section
19 33.1 of this Act.
20 (d) Property subject to forfeiture under this Act may be
21seized under the Drug Asset Forfeiture Procedure Act. by the
22Director of the Department of State Police or any peace officer
23upon process or seizure warrant issued by any court having
24jurisdiction over the property. Seizure by the Director of the
25Department of State Police or any peace officer without process
26may be made:

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1 (1) if the seizure is incident to inspection under an
2 administrative inspection warrant;
3 (2) if the property subject to seizure has been the
4 subject of a prior judgment in favor of the State in a
5 criminal proceeding, or in an injunction or forfeiture
6 proceeding based upon this Act or the Drug Asset Forfeiture
7 Procedure Act;
8 (3) if there is probable cause to believe that the
9 property is directly or indirectly dangerous to health or
10 safety;
11 (4) if there is probable cause to believe that the
12 property is subject to forfeiture under this Act and the
13 property is seized under circumstances in which a
14 warrantless seizure or arrest would be reasonable; or
15 (5) in accordance with the Code of Criminal Procedure
16 of 1963.
17 (e) (Blank). In the event of seizure pursuant to subsection
18(c) of this Section, forfeiture proceedings shall be instituted
19in accordance with the Drug Asset Forfeiture Procedure Act.
20 (f) (Blank). Property taken or detained under this Section
21shall not be subject to replevin, but is deemed to be in the
22custody of the Director of the Department of State Police
23subject only to the order and judgments of the circuit court
24having jurisdiction over the forfeiture proceedings and the
25decisions of the State's Attorney under the Drug Asset
26Forfeiture Procedure Act. If property is seized under this Act,

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1then the seizing agency shall promptly conduct an inventory of
2the seized property and estimate the property's value, and
3shall forward a copy of the inventory of seized property and
4the estimate of the property's value to the Director of the
5Department of State Police. Upon receiving notice of seizure,
6the Secretary may:
7 (1) place the property under seal;
8 (2) remove the property to a place designated by the
9 Secretary;
10 (3) keep the property in the possession of the seizing
11 agency;
12 (4) remove the property to a storage area for
13 safekeeping or, if the property is a negotiable instrument
14 or money and is not needed for evidentiary purposes,
15 deposit it in an interest bearing account;
16 (5) place the property under constructive seizure by
17 posting notice of pending forfeiture on it, by giving
18 notice of pending forfeiture to its owners and interest
19 holders, or by filing notice of pending forfeiture in any
20 appropriate public record relating to the property; or
21 (6) provide for another agency or custodian, including
22 an owner, secured party, or lienholder, to take custody of
23 the property upon the terms and conditions set by the
24 Director of the Department of State Police.
25 (g) If the Department suspends or revokes a registration,
26all legend drugs owned or possessed by the registrant at the

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1time of suspension or the effective date of the revocation
2order may be placed under seal. No disposition may be made of
3substances under seal until the time for taking an appeal has
4elapsed or until all appeals have been concluded unless a
5court, upon application therefor, orders the sale of perishable
6substances and the deposit of the proceeds of the sale with the
7court. Upon a revocation rule becoming final, all substances
8may be subject to seizure and forfeiture under the Drug Asset
9Forfeiture Procedure Act forfeited to the Department.
10 (h) (Blank). If property is forfeited under this Act, then
11the Director of the Department of State Police must sell all
12such property unless such property is required by law to be
13destroyed or is harmful to the public, and shall distribute the
14proceeds of the sale, together with any moneys forfeited or
15seized, in accordance with subsection (i) of this Section. Upon
16the application of the seizing agency or prosecutor who was
17responsible for the investigation, arrest or arrests, and
18prosecution that led to the forfeiture, the Director of the
19Department of State Police may return any item of forfeited
20property to the seizing agency or prosecutor for official use
21in the enforcement of laws if the agency or prosecutor can
22demonstrate that the item requested would be useful to the
23agency or prosecutor in their enforcement efforts. If any
24forfeited conveyance, including an aircraft, vehicle, or
25vessel, is returned to the seizing agency or prosecutor, then
26the conveyance may be used immediately in the enforcement of

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1the criminal laws of the State. Upon disposal, all proceeds
2from the sale of the conveyance must be used for drug
3enforcement purposes. If any real property returned to the
4seizing agency is sold by the agency or its unit of government,
5then the proceeds of the sale shall be delivered to the
6Director of the Department of State Police and distributed in
7accordance with subsection (i) of this Section.
8 (i) (Blank). All moneys and the sale proceeds of all other
9property forfeited and seized under this Act shall be
10distributed as follows:
11 (1) 65% shall be distributed to the metropolitan
12 enforcement group, local, municipal, county, or State law
13 enforcement agency or agencies which conducted or
14 participated in the investigation resulting in the
15 forfeiture. The distribution shall bear a reasonable
16 relationship to the degree of direct participation of the
17 law enforcement agency in the effort resulting in the
18 forfeiture, taking into account the total value of the
19 property forfeited and the total law enforcement effort
20 with respect to the violation of the law upon which the
21 forfeiture is based. Amounts distributed to the agency or
22 agencies shall be used for the enforcement of laws.
23 (2) 12.5% shall be distributed to the Office of the
24 State's Attorney of the county in which the prosecution
25 resulting in the forfeiture was instituted, deposited in a
26 special fund in the county treasury and appropriated to the

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1 State's Attorney for use in the enforcement of laws. In
2 counties over 3,000,000 population, 25% will be
3 distributed to the Office of the State's Attorney for use
4 in the enforcement of laws governing cannabis and
5 controlled substances. If the prosecution is undertaken
6 solely by the Attorney General, the portion provided
7 hereunder shall be distributed to the Attorney General for
8 use in the enforcement of laws.
9 (3) 12.5% shall be distributed to the Office of the
10 State's Attorneys Appellate Prosecutor and deposited in a
11 separate fund of that office to be used for additional
12 expenses incurred in the investigation, prosecution and
13 appeal of cases. The Office of the State's Attorneys
14 Appellate Prosecutor shall not receive distribution from
15 cases brought in counties with over 3,000,000 population.
16 (4) 10% shall be retained by the Department of State
17 Police for expenses related to the administration and sale
18 of seized and forfeited property.
19 (j) Contraband, including controlled substances possessed
20without a prescription or other authorization under State or
21federal law, is not subject to forfeiture. No property right
22exists in contraband. Contraband is subject to seizure and
23shall be disposed of according to State law.
24(Source: P.A. 96-573, eff. 8-18-09.)
25 Section 160. The Environmental Protection Act is amended by

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1changing Section 44.1 as follows:
2 (415 ILCS 5/44.1) (from Ch. 111 1/2, par. 1044.1)
3 Sec. 44.1. (a) In addition to all other civil and criminal
4penalties provided by law, any person convicted of a criminal
5violation of this Act or the regulations adopted thereunder
6shall forfeit to the State (1) an amount equal to the value of
7all profits earned, savings realized, and benefits incurred as
8a direct or indirect result of such violation, and (2) any
9vehicle or conveyance used in the perpetration of such
10violation, except as provided in subsection (b).
11 (b) Forfeiture of conveyances shall be subject to the
12following exceptions:
13 (1) No conveyance used by any person as a common carrier in
14the transaction of business as a common carrier is subject to
15forfeiture under this Section unless it is proven that the
16owner or other person in charge of the conveyance consented to
17or was privy to the covered violation.
18 (2) No conveyance is subject to forfeiture under this
19Section by reason of any covered violation which the owner
20proves to have been committed without his knowledge or consent.
21 (3) A forfeiture of a conveyance encumbered by a bona fide
22security interest is subject to the interest of the secured
23party if he neither had knowledge of nor consented to the
24covered violation.
25 (c) Except as provided in subsection (d), all property

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1subject to forfeiture under this Section shall be seized
2pursuant to the order of a circuit court.
3 (d) Property subject to forfeiture under this Section may
4be seized by the Director or any peace officer without process:
5 (1) if the seizure is incident to an inspection under an
6administrative inspection warrant, or incident to the
7execution of a criminal search or arrest warrant;
8 (2) if the property subject to seizure has been the subject
9of a prior judgment in favor of the State in a criminal
10proceeding, or in an injunction or forfeiture proceeding based
11upon this Act; or
12 (3) if there is probable cause to believe that the property
13is directly or indirectly dangerous to health or safety.
14 (e) Property taken or detained under this Section shall not
15be subject to forcible entry and detainer or replevin, but is
16deemed to be in the custody of the Director subject only to the
17order and judgments of the circuit court having jurisdiction
18over the forfeiture proceedings. When property is seized under
19this Act, the Director may:
20 (1) place the property under seal;
21 (2) secure the property or remove the property to a place
22designated by him; or
23 (3) require the sheriff of the county in which the seizure
24occurs to take custody of the property and secure or remove it
25to an appropriate location for disposition in accordance with
26law.

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1 (f) All amounts forfeited under item (1) of subsection (a)
2shall be apportioned in the following manner:
3 (1) 40% shall be deposited in the Hazardous Waste Fund
4created in Section 22.2;
5 (2) 60% 30% shall be deposited into the Asset Forfeiture
6Proceeds Fund paid to the office of the Attorney General or the
7State's Attorney of the county in which the violation occurred,
8whichever brought and prosecuted the action; and
9 (3) (blank). 30% shall be paid to the law enforcement
10agency which investigated the violation.
11 Any funds received under this subsection (f) shall be used
12solely for the enforcement of the environmental protection laws
13of this State.
14 (g) When property is forfeited under this Section the court
15may order:
16 (1) (blank); that the property shall be made available for
17the official use of the Agency, the Office of the Attorney
18General, the State's Attorney of the county in which the
19violation occurred, or the law enforcement agency which
20investigated the violation, to be used solely for the
21enforcement of the environmental protection laws of this State;
22 (2) the sheriff of the county in which the forfeiture
23occurs to take custody of the property and remove it for
24disposition in accordance with law; or
25 (3) the sheriff of the county in which the forfeiture
26occurs to sell that which is not required to be destroyed by

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1law and which is not harmful to the public. The proceeds of
2such sale shall be used for payment of all proper expenses of
3the proceedings for forfeiture and sale, including expenses of
4seizure, maintenance of custody, advertising and court costs,
5and the balance, if any, shall be apportioned pursuant to
6subsection (f).
7 (h) Property seized or forfeited under this Section is
8subject to reporting under the Seizure and Forfeiture Reporting
9Act.
10(Source: P.A. 85-487.)
11 Section 165. The Herptiles-Herps Act is amended by changing
12Section 105-55 as follows:
13 (510 ILCS 68/105-55)
14 Sec. 105-55. Illegal collecting devices; public nuisance.
15Every collecting device, including seines, nets, traps,
16pillowcases, bags, snake hooks or tongs, or any electrical
17device or any other devices including vehicles or conveyance,
18watercraft, or aircraft used or operated illegally or attempted
19to be used or operated illegally by any person in taking,
20transporting, holding, or conveying any reptile or amphibian
21life or any part of reptile or amphibian life, contrary to this
22Act, including administrative rules, shall be deemed a public
23nuisance and therefore illegal and subject to seizure and
24confiscation by any authorized employee of the Department. Upon

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1the seizure of this item, the Department shall take and hold
2the item until disposed of as provided in this Act.
3 Upon the seizure of any device because of its illegal use,
4the officer or authorized employee of the Department making the
5seizure shall, as soon as reasonably possible, cause a
6complaint to be filed before the circuit court and a summons to
7be issued requiring the owner or person in possession of the
8property to appear in court and show cause why the device
9seized should not be forfeited to the State. Upon the return of
10the summons duly served or upon posting or publication of
11notice as provided in this Act, the court shall proceed to
12determine the question of the illegality of the use of the
13seized property. Upon judgment being entered that the property
14was illegally used, an order shall be entered providing for the
15forfeiture of the seized property to the State. The owner of
16the property may have a jury determine the illegality of its
17use and shall have the right of an appeal as in other civil
18cases. Confiscation or forfeiture shall not preclude or
19mitigate against prosecution and assessment of penalties
20provided in Article 90 of this Act.
21 Upon seizure of any property under circumstances
22supporting a reasonable belief that the property was abandoned,
23lost, stolen, or otherwise illegally possessed or used contrary
24to this Act, except property seized during a search or arrest,
25and ultimately returned, destroyed, or otherwise disposed of
26under order of a court in accordance with this Act, the

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1authorized employee of the Department shall make reasonable
2inquiry and efforts to identify and notify the owner or other
3person entitled to possession of the property and shall return
4the property after the person provides reasonable and
5satisfactory proof of his or her ownership or right to
6possession and reimburses the Department for all reasonable
7expenses of custody. If the identity or location of the owner
8or other person entitled to possession of the property has not
9been ascertained within 6 months after the Department obtains
10possession, the Department shall effectuate the sale of the
11property for cash to the highest bidder at a public auction.
12The owner or other person entitled to possession of the
13property may claim and recover possession of the property at
14any time before its sale at public auction upon providing
15reasonable and satisfactory proof of ownership or right of
16possession and reimbursing the Department for all reasonable
17expenses of custody.
18 Any property forfeited to the State by court order under
19this Section may be disposed of by public auction, except that
20any property that is the subject of a court order shall not be
21disposed of pending appeal of the order. The proceeds of the
22sales at auction shall be deposited in the Wildlife and Fish
23Fund.
24 The Department shall pay all costs of posting or
25publication of notices required by this Section.
26 Property seized or forfeited under this Section is subject

SB1578- 25 -LRB100 04747 SLF 14754 b
1to reporting under the Seizure and Forfeiture Reporting Act.
2(Source: P.A. 98-752, eff. 1-1-15.)
3 Section 170. The Fish and Aquatic Life Code is amended by
4changing Section 1-215 as follows:
5 (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
6 Sec. 1-215. Illegal fishing devices; public nuisance.
7Every fishing device, including seines, nets, or traps, or any
8electrical device or any other devices, including vehicles,
9watercraft, or aircraft, used or operated illegally or
10attempted to be used or operated illegally by any person in
11taking, transporting, holding, or conveying any aquatic life
12contrary to this Code, including administrative rules, shall be
13deemed a public nuisance and therefore illegal and subject to
14seizure and confiscation by any authorized employee of the
15Department. Upon the seizure of such an item the Department
16shall take and hold the item until disposed of as provided in
17this Code.
18 Upon the seizure of any device because of its illegal use,
19the officer or authorized employee of the Department making the
20seizure shall, as soon as reasonably possible, cause a
21complaint to be filed before the Circuit Court and a summons to
22be issued requiring the owner or person in possession of the
23property to appear in court and show cause why the device
24seized should not be forfeited to the State. Upon the return of

SB1578- 26 -LRB100 04747 SLF 14754 b
1the summons duly served or upon posting or publication of
2notice as provided in this Code, the court shall proceed to
3determine the question of the illegality of the use of the
4seized property. Upon judgment being entered to the effect that
5the property was illegally used, an order shall be entered
6providing for the forfeiture of the seized property to the
7State. The owner of the property, however, may have a jury
8determine the illegality of its use, and shall have the right
9of an appeal as in other civil cases. Confiscation or
10forfeiture shall not preclude or mitigate against prosecution
11and assessment of penalties provided in Section 20-35 of this
12Code.
13 Upon seizure of any property under circumstances
14supporting a reasonable belief that the property was abandoned,
15lost, stolen, or otherwise illegally possessed or used contrary
16to this Code, except property seized during a search or arrest,
17and ultimately returned, destroyed, or otherwise disposed of
18under order of a court in accordance with this Code, the
19authorized employee of the Department shall make reasonable
20inquiry and efforts to identify and notify the owner or other
21person entitled to possession of the property and shall return
22the property after the person provides reasonable and
23satisfactory proof of his or her ownership or right to
24possession and reimburses the Department for all reasonable
25expenses of custody. If the identity or location of the owner
26or other person entitled to possession of the property has not

SB1578- 27 -LRB100 04747 SLF 14754 b
1been ascertained within 6 months after the Department obtains
2possession, the Department shall effectuate the sale of the
3property for cash to the highest bidder at a public auction.
4The owner or other person entitled to possession of the
5property may claim and recover possession of the property at
6any time before its sale at public auction upon providing
7reasonable and satisfactory proof of ownership or right of
8possession and reimbursing the Department for all reasonable
9expenses of custody.
10 Any property forfeited to the State by court order under
11this Section may be disposed of by public auction, except that
12any property that is the subject of a court order shall not be
13disposed of pending appeal of the order. The proceeds of the
14sales at auction shall be deposited in the Wildlife and Fish
15Fund.
16 The Department shall pay all costs of posting or
17publication of notices required by this Section.
18 Property seized or forfeited under this Section is subject
19to reporting under the Seizure and Forfeiture Reporting Act.
20(Source: P.A. 87-833.)
21 Section 175. The Wildlife Code is amended by changing
22Section 1.25 as follows:
23 (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
24 Sec. 1.25. Every hunting or trapping device, vehicle or

SB1578- 28 -LRB100 04747 SLF 14754 b
1conveyance, when used or operated illegally, or attempted to be
2used or operated illegally by any person in taking,
3transporting, holding, or conveying any wild bird or wild
4mammal, contrary to the provisions of this Act, including
5administrative rules, is a public nuisance and subject to
6seizure and confiscation by any authorized employee of the
7Department; upon the seizure of such item the Department shall
8take and hold the same until disposed of as hereinafter
9provided.
10 Upon the seizure of any property as herein provided, the
11authorized employee of the Department making such seizure shall
12forthwith cause a complaint to be filed before the Circuit
13Court and a summons to be issued requiring the person who
14illegally used or operated or attempted to use or operate such
15property and the owner and person in possession of such
16property to appear in court and show cause why the property
17seized should not be forfeited to the State. Upon the return of
18the summons duly served or other notice as herein provided, the
19court shall proceed to determine the question of the illegality
20of the use of the seized property and upon judgment being
21entered to the effect that such property was illegally used, an
22order may be entered providing for the forfeiture of such
23seized property to the Department and shall thereupon become
24the property of the Department; but the owner of such property
25may have a jury determine the illegality of its use, and shall
26have the right of an appeal, as in other cases. Such

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1confiscation or forfeiture shall not preclude or mitigate
2against prosecution and assessment of penalties otherwise
3provided in this Act.
4 Upon seizure of any property under circumstances
5supporting a reasonable belief that such property was
6abandoned, lost or stolen or otherwise illegally possessed or
7used contrary to the provisions of this Act, except property
8seized during a search or arrest, and ultimately returned,
9destroyed, or otherwise disposed of pursuant to order of a
10court in accordance with this Act, the authorized employee of
11the Department shall make reasonable inquiry and efforts to
12identify and notify the owner or other person entitled to
13possession thereof, and shall return the property after such
14person provides reasonable and satisfactory proof of his
15ownership or right to possession and reimburses the Department
16for all reasonable expenses of such custody. If the identity or
17location of the owner or other person entitled to possession of
18the property has not been ascertained within 6 months after the
19Department obtains such possession, the Department shall
20effectuate the sale of the property for cash to the highest
21bidder at a public auction. The owner or other person entitled
22to possession of such property may claim and recover possession
23of the property at any time before its sale at public auction,
24upon providing reasonable and satisfactory proof of ownership
25or right of possession and reimbursing the Department for all
26reasonable expenses of custody thereof.

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1 Any property, including guns, forfeited to the State by
2court order pursuant to this Section, may be disposed of by
3public auction, except that any property which is the subject
4of such a court order shall not be disposed of pending appeal
5of the order. The proceeds of the sales at auction shall be
6deposited in the Wildlife and Fish Fund.
7 The Department shall pay all costs of notices required by
8this Section.
9 Property seized or forfeited under this Section is subject
10to reporting under the Seizure and Forfeiture Reporting Act.
11(Source: P.A. 85-152.)
12 Section 180. The Criminal Code of 2012 is amended by
13changing Sections 17-10.6, 28-5, 29B-1, 33G-6, 36-1, 36-1.5,
1436-2, 36-3, and 47-15 and by adding Sections 29B-1.1, 29B-1.5,
1529B-2, 29B-3, 29B-4, 29B-5, 29B-6, 29B-7, 29B-8, 29B-9, 29B-10,
1629B-11, 29B-12, 29B-13, 29B-14, 29B-15, 29B-16, 29B-17,
1729B-18, 29B-19, 29B-20, 29B-21, 29B-22, 36-1.1, 36-1.2,
1836-1.3, 36-1.4, 36-1.6, 36-2.1, 36-3.1, 36-3.2, 36-6, 36-7,
1936-8, and 36-9 as follows:
20 (720 ILCS 5/17-10.6)
21 Sec. 17-10.6. Financial institution fraud.
22 (a) Misappropriation of financial institution property. A
23person commits misappropriation of a financial institution's
24property whenever he or she knowingly obtains or exerts

SB1578- 31 -LRB100 04747 SLF 14754 b
1unauthorized control over any of the moneys, funds, credits,
2assets, securities, or other property owned by or under the
3custody or control of a financial institution, or under the
4custody or care of any agent, officer, director, or employee of
5such financial institution.
6 (b) Commercial bribery of a financial institution.
7 (1) A person commits commercial bribery of a financial
8 institution when he or she knowingly confers or offers or
9 agrees to confer any benefit upon any employee, agent, or
10 fiduciary without the consent of the latter's employer or
11 principal, with the intent to influence his or her conduct
12 in relation to his or her employer's or principal's
13 affairs.
14 (2) An employee, agent, or fiduciary of a financial
15 institution commits commercial bribery of a financial
16 institution when, without the consent of his or her
17 employer or principal, he or she knowingly solicits,
18 accepts, or agrees to accept any benefit from another
19 person upon an agreement or understanding that such benefit
20 will influence his or her conduct in relation to his or her
21 employer's or principal's affairs.
22 (c) Financial institution fraud. A person commits
23financial institution fraud when he or she knowingly executes
24or attempts to execute a scheme or artifice:
25 (1) to defraud a financial institution; or
26 (2) to obtain any of the moneys, funds, credits,

SB1578- 32 -LRB100 04747 SLF 14754 b
1 assets, securities, or other property owned by or under the
2 custody or control of a financial institution, by means of
3 pretenses, representations, or promises he or she knows to
4 be false.
5 (d) Loan fraud. A person commits loan fraud when he or she
6knowingly, with intent to defraud, makes any false statement or
7report, or overvalues any land, property, or security, with the
8intent to influence in any way the action of a financial
9institution to act upon any application, advance, discount,
10purchase, purchase agreement, repurchase agreement,
11commitment, or loan, or any change or extension of any of the
12same, by renewal, deferment of action, or otherwise, or the
13acceptance, release, or substitution of security.
14 (e) Concealment of collateral. A person commits
15concealment of collateral when he or she, with intent to
16defraud, knowingly conceals, removes, disposes of, or converts
17to the person's own use or to that of another any property
18mortgaged or pledged to or held by a financial institution.
19 (f) Financial institution robbery. A person commits
20robbery when he or she knowingly, by force or threat of force,
21or by intimidation, takes, or attempts to take, from the person
22or presence of another, or obtains or attempts to obtain by
23extortion, any property or money or any other thing of value
24belonging to, or in the care, custody, control, management, or
25possession of, a financial institution.
26 (g) Conspiracy to commit a financial crime.

SB1578- 33 -LRB100 04747 SLF 14754 b
1 (1) A person commits conspiracy to commit a financial
2 crime when, with the intent that any violation of this
3 Section be committed, he or she agrees with another person
4 to the commission of that offense.
5 (2) No person may be convicted of conspiracy to commit
6 a financial crime unless an overt act or acts in
7 furtherance of the agreement is alleged and proved to have
8 been committed by that person or by a co-conspirator and
9 the accused is a part of a common scheme or plan to engage
10 in the unlawful activity.
11 (3) It shall not be a defense to conspiracy to commit a
12 financial crime that the person or persons with whom the
13 accused is alleged to have conspired:
14 (A) has not been prosecuted or convicted;
15 (B) has been convicted of a different offense;
16 (C) is not amenable to justice;
17 (D) has been acquitted; or
18 (E) lacked the capacity to commit the offense.
19 (h) Continuing financial crimes enterprise. A person
20commits a continuing financial crimes enterprise when he or she
21knowingly, within an 18-month period, commits 3 or more
22separate offenses constituting any combination of the
23following:
24 (1) an offense under this Section;
25 (2) a felony offense in violation of Section 16A-3 or
26 subsection (a) of Section 16-25 or paragraph (4) or (5) of

SB1578- 34 -LRB100 04747 SLF 14754 b
1 subsection (a) of Section 16-1 of this Code for the purpose
2 of reselling or otherwise re-entering the merchandise in
3 commerce, including conveying the merchandise to a
4 merchant in exchange for anything of value; or
5 (3) if involving a financial institution, any other
6 felony offense under this Code.
7 (i) Organizer of a continuing financial crimes enterprise.
8 (1) A person commits being an organizer of a continuing
9 financial crimes enterprise when he or she:
10 (A) with the intent to commit any offense, agrees
11 with another person to the commission of any
12 combination of the following offenses on 3 or more
13 separate occasions within an 18-month period:
14 (i) an offense under this Section;
15 (ii) a felony offense in violation of Section
16 16A-3 or subsection (a) of Section 16-25 or
17 paragraph (4) or (5) of subsection (a) of Section
18 16-1 of this Code for the purpose of reselling or
19 otherwise re-entering the merchandise in commerce,
20 including conveying the merchandise to a merchant
21 in exchange for anything of value; or
22 (iii) if involving a financial institution,
23 any other felony offense under this Code; and
24 (B) with respect to the other persons within the
25 conspiracy, occupies a position of organizer,
26 supervisor, or financier or other position of

SB1578- 35 -LRB100 04747 SLF 14754 b
1 management.
2 (2) The person with whom the accused agreed to commit
3 the 3 or more offenses under this Section, or, if involving
4 a financial institution, any other felony offenses under
5 this Code, need not be the same person or persons for each
6 offense, as long as the accused was a part of the common
7 scheme or plan to engage in each of the 3 or more alleged
8 offenses.
9 (j) Sentence.
10 (1) Except as otherwise provided in this subsection, a
11 violation of this Section, the full value of which:
12 (A) does not exceed $500, is a Class A misdemeanor;
13 (B) does not exceed $500, and the person has been
14 previously convicted of a financial crime or any type
15 of theft, robbery, armed robbery, burglary,
16 residential burglary, possession of burglary tools, or
17 home invasion, is guilty of a Class 4 felony;
18 (C) exceeds $500 but does not exceed $10,000, is a
19 Class 3 felony;
20 (D) exceeds $10,000 but does not exceed $100,000,
21 is a Class 2 felony;
22 (E) exceeds $100,000 but does not exceed $500,000,
23 is a Class 1 felony;
24 (F) exceeds $500,000 but does not exceed
25 $1,000,000, is a Class 1 non-probationable felony;
26 when a charge of financial crime, the full value of

SB1578- 36 -LRB100 04747 SLF 14754 b
1 which exceeds $500,000 but does not exceed $1,000,000,
2 is brought, the value of the financial crime involved
3 is an element of the offense to be resolved by the
4 trier of fact as either exceeding or not exceeding
5 $500,000;
6 (G) exceeds $1,000,000, is a Class X felony; when a
7 charge of financial crime, the full value of which
8 exceeds $1,000,000, is brought, the value of the
9 financial crime involved is an element of the offense
10 to be resolved by the trier of fact as either exceeding
11 or not exceeding $1,000,000.
12 (2) A violation of subsection (f) is a Class 1 felony.
13 (3) A violation of subsection (h) is a Class 1 felony.
14 (4) A violation for subsection (i) is a Class X felony.
15 (k) A "financial crime" means an offense described in this
16Section.
17 (l) Period of limitations. The period of limitations for
18prosecution of any offense defined in this Section begins at
19the time when the last act in furtherance of the offense is
20committed.
21 (m) Forfeiture. Any violation of subdivision (2) of
22subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
23the remedies, procedures, and forfeiture as set forth in
24Sections 1.1 through 21 of Article 29B subsections (f) through
25(s) of Section 29B-1 of this Code. Property seized or forfeited
26under this Section is subject to reporting under the Seizure

SB1578- 37 -LRB100 04747 SLF 14754 b
1and Forfeiture Reporting Act.
2(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
3eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)
4 (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
5 Sec. 28-5. Seizure of gambling devices and gambling funds.
6 (a) Every device designed for gambling which is incapable
7of lawful use or every device used unlawfully for gambling
8shall be considered a "gambling device", and shall be subject
9to seizure, confiscation and destruction by the Department of
10State Police or by any municipal, or other local authority,
11within whose jurisdiction the same may be found. As used in
12this Section, a "gambling device" includes any slot machine,
13and includes any machine or device constructed for the
14reception of money or other thing of value and so constructed
15as to return, or to cause someone to return, on chance to the
16player thereof money, property or a right to receive money or
17property. With the exception of any device designed for
18gambling which is incapable of lawful use, no gambling device
19shall be forfeited or destroyed unless an individual with a
20property interest in said device knows of the unlawful use of
21the device.
22 (b) Every gambling device shall be seized and forfeited to
23the State county wherein such seizure occurs. Any money or
24other thing of value integrally related to acts of gambling
25shall be seized and forfeited to the State county wherein such

SB1578- 38 -LRB100 04747 SLF 14754 b
1seizure occurs.
2 (c) If, within 60 days after any seizure pursuant to
3subparagraph (b) of this Section, a person having any property
4interest in the seized property is charged with an offense, the
5court which renders judgment upon such charge shall, within 30
6days after such judgment, conduct a forfeiture hearing to
7determine whether such property was a gambling device at the
8time of seizure. Such hearing shall be commenced by a written
9petition by the State, including material allegations of fact,
10the name and address of every person determined by the State to
11have any property interest in the seized property, a
12representation that written notice of the date, time and place
13of such hearing has been mailed to every such person by
14certified mail at least 10 days before such date, and a request
15for forfeiture. Every such person may appear as a party and
16present evidence at such hearing. The quantum of proof required
17shall be a preponderance of the evidence, and the burden of
18proof shall be on the State. If the court determines that the
19seized property was a gambling device at the time of seizure,
20an order of forfeiture and disposition of the seized property
21shall be entered: a gambling device shall be received by the
22State's Attorney, who shall effect its destruction, except that
23valuable parts thereof may be liquidated and the resultant
24money shall be deposited into the Asset Forfeiture Proceeds
25Fund in the general fund of the county wherein such seizure
26occurred; money and other things of value shall be received by

SB1578- 39 -LRB100 04747 SLF 14754 b
1the State's Attorney and, upon liquidation, shall be deposited
2into the Asset Forfeiture Proceeds Fund in the general fund of
3the county wherein such seizure occurred. However, in the event
4that a defendant raises the defense that the seized slot
5machine is an antique slot machine described in subparagraph
6(b) (7) of Section 28-1 of this Code and therefore he is exempt
7from the charge of a gambling activity participant, the seized
8antique slot machine shall not be destroyed or otherwise
9altered until a final determination is made by the Court as to
10whether it is such an antique slot machine. Upon a final
11determination by the Court of this question in favor of the
12defendant, such slot machine shall be immediately returned to
13the defendant. Such order of forfeiture and disposition shall,
14for the purposes of appeal, be a final order and judgment in a
15civil proceeding.
16 (d) If a seizure pursuant to subparagraph (b) of this
17Section is not followed by a charge pursuant to subparagraph
18(c) of this Section, or if the prosecution of such charge is
19permanently terminated or indefinitely discontinued without
20any judgment of conviction or acquittal (1) the State's
21Attorney shall commence an in rem proceeding for the forfeiture
22and destruction of a gambling device, or for the forfeiture and
23deposit into the Asset Forfeiture Proceeds Fund in the general
24fund of the county of any seized money or other things of
25value, or both, in the circuit court and (2) any person having
26any property interest in such seized gambling device, money or

SB1578- 40 -LRB100 04747 SLF 14754 b
1other thing of value may commence separate civil proceedings in
2the manner provided by law.
3 (e) Any gambling device displayed for sale to a riverboat
4gambling operation or used to train occupational licensees of a
5riverboat gambling operation as authorized under the Riverboat
6Gambling Act is exempt from seizure under this Section.
7 (f) Any gambling equipment, devices and supplies provided
8by a licensed supplier in accordance with the Riverboat
9Gambling Act which are removed from the riverboat for repair
10are exempt from seizure under this Section.
11 (g) The following video gaming terminals are exempt from
12seizure under this Section:
13 (1) Video gaming terminals for sale to a licensed
14 distributor or operator under the Video Gaming Act.
15 (2) Video gaming terminals used to train licensed
16 technicians or licensed terminal handlers.
17 (3) Video gaming terminals that are removed from a
18 licensed establishment, licensed truck stop establishment,
19 licensed fraternal establishment, or licensed veterans
20 establishment for repair.
21 (h) Property seized or forfeited under this Section is
22subject to reporting under the Seizure and Forfeiture Reporting
23Act.
24(Source: P.A. 98-31, eff. 6-24-13.)
25 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)

SB1578- 41 -LRB100 04747 SLF 14754 b
1 Sec. 29B-1. (a) A person commits the offense of money
2laundering:
3 (1) when, knowing that the property involved in a
4 financial transaction represents the proceeds of some form
5 of unlawful activity, he or she conducts or attempts to
6 conduct such a financial transaction which in fact involves
7 criminally derived property:
8 (A) with the intent to promote the carrying on of
9 the unlawful activity from which the criminally
10 derived property was obtained; or
11 (B) where he or she knows or reasonably should know
12 that the financial transaction is designed in whole or
13 in part:
14 (i) to conceal or disguise the nature, the
15 location, the source, the ownership or the control
16 of the criminally derived property; or
17 (ii) to avoid a transaction reporting
18 requirement under State law; or
19 (1.5) when he or she transports, transmits, or
20 transfers, or attempts to transport, transmit, or transfer
21 a monetary instrument:
22 (A) with the intent to promote the carrying on of
23 the unlawful activity from which the criminally
24 derived property was obtained; or
25 (B) knowing, or having reason to know, that the
26 financial transaction is designed in whole or in part:

SB1578- 42 -LRB100 04747 SLF 14754 b
1 (i) to conceal or disguise the nature, the
2 location, the source, the ownership or the control
3 of the criminally derived property; or
4 (ii) to avoid a transaction reporting
5 requirement under State law; or
6 (2) when, with the intent to:
7 (A) promote the carrying on of a specified criminal
8 activity as defined in this Article; or
9 (B) conceal or disguise the nature, location,
10 source, ownership, or control of property believed to
11 be the proceeds of a specified criminal activity as
12 defined by subdivision (b)(6); or
13 (C) avoid a transaction reporting requirement
14 under State law,
15 he or she conducts or attempts to conduct a financial
16 transaction involving property he or she believes to be the
17 proceeds of specified criminal activity as defined by
18 subdivision (b)(6) or property used to conduct or
19 facilitate specified criminal activity as defined by
20 subdivision (b)(6).
21 (b) As used in this Section:
22 (0.5) "Knowing that the property involved in a
23 financial transaction represents the proceeds of some form
24 of unlawful activity" means that the person knew the
25 property involved in the transaction represented proceeds
26 from some form, though not necessarily which form, of

SB1578- 43 -LRB100 04747 SLF 14754 b
1 activity that constitutes a felony under State, federal, or
2 foreign law.
3 (1) "Financial transaction" means a purchase, sale,
4 loan, pledge, gift, transfer, delivery or other
5 disposition utilizing criminally derived property, and
6 with respect to financial institutions, includes a
7 deposit, withdrawal, transfer between accounts, exchange
8 of currency, loan, extension of credit, purchase or sale of
9 any stock, bond, certificate of deposit or other monetary
10 instrument, use of safe deposit box, or any other payment,
11 transfer or delivery by, through, or to a financial
12 institution. For purposes of clause (a)(2) of this Section,
13 the term "financial transaction" also means a transaction
14 which without regard to whether the funds, monetary
15 instruments, or real or personal property involved in the
16 transaction are criminally derived, any transaction which
17 in any way or degree: (1) involves the movement of funds by
18 wire or any other means; (2) involves one or more monetary
19 instruments; or (3) the transfer of title to any real or
20 personal property. The receipt by an attorney of bona fide
21 fees for the purpose of legal representation is not a
22 financial transaction for purposes of this Section.
23 (2) "Financial institution" means any bank; saving and
24 loan association; trust company; agency or branch of a
25 foreign bank in the United States; currency exchange;
26 credit union, mortgage banking institution; pawnbroker;

SB1578- 44 -LRB100 04747 SLF 14754 b
1 loan or finance company; operator of a credit card system;
2 issuer, redeemer or cashier of travelers checks, checks or
3 money orders; dealer in precious metals, stones or jewels;
4 broker or dealer in securities or commodities; investment
5 banker; or investment company.
6 (3) "Monetary instrument" means United States coins
7 and currency; coins and currency of a foreign country;
8 travelers checks; personal checks, bank checks, and money
9 orders; investment securities; bearer negotiable
10 instruments; bearer investment securities; or bearer
11 securities and certificates of stock in such form that
12 title thereto passes upon delivery.
13 (4) "Criminally derived property" means: (A) any
14 property, real or personal, constituting or derived from
15 proceeds obtained, directly or indirectly, from activity
16 that constitutes a felony under State, federal, or foreign
17 law; or (B) any property represented to be property
18 constituting or derived from proceeds obtained, directly
19 or indirectly, from activity that constitutes a felony
20 under State, federal, or foreign law.
21 (5) "Conduct" or "conducts" includes, in addition to
22 its ordinary meaning, initiating, concluding, or
23 participating in initiating or concluding a transaction.
24 (6) "Specified criminal activity" means any violation
25 of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
26 of Article 29D of this Code.

SB1578- 45 -LRB100 04747 SLF 14754 b
1 (7) "Director" means the Director of State Police or
2 his or her designated agents.
3 (8) "Department" means the Department of State Police
4 of the State of Illinois or its successor agency.
5 (9) "Transaction reporting requirement under State
6 law" means any violation as defined under the Currency
7 Reporting Act.
8 (c) Sentence.
9 (1) Laundering of criminally derived property of a
10 value not exceeding $10,000 is a Class 3 felony;
11 (2) Laundering of criminally derived property of a
12 value exceeding $10,000 but not exceeding $100,000 is a
13 Class 2 felony;
14 (3) Laundering of criminally derived property of a
15 value exceeding $100,000 but not exceeding $500,000 is a
16 Class 1 felony;
17 (4) Money laundering in violation of subsection (a)(2)
18 of this Section is a Class X felony;
19 (5) Laundering of criminally derived property of a
20 value exceeding $500,000 is a Class 1 non-probationable
21 felony;
22 (6) In a prosecution under clause (a)(1.5)(B)(ii) of
23 this Section, the sentences are as follows:
24 (A) Laundering of property of a value not exceeding
25 $10,000 is a Class 3 felony;
26 (B) Laundering of property of a value exceeding

SB1578- 46 -LRB100 04747 SLF 14754 b
1 $10,000 but not exceeding $100,000 is a Class 2 felony;
2 (C) Laundering of property of a value exceeding
3 $100,000 but not exceeding $500,000 is a Class 1
4 felony;
5 (D) Laundering of property of a value exceeding
6 $500,000 is a Class 1 non-probationable felony.
7 (d) Evidence. In a prosecution under this Article, either
8party may introduce the following evidence pertaining to the
9issue of whether the property or proceeds were known to be some
10form of criminally derived property or from some form of
11unlawful activity:
12 (1) A financial transaction was conducted or
13 structured or attempted in violation of the reporting
14 requirements of any State or federal law; or
15 (2) A financial transaction was conducted or attempted
16 with the use of a false or fictitious name or a forged
17 instrument; or
18 (3) A falsely altered or completed written instrument
19 or a written instrument that contains any materially false
20 personal identifying information was made, used, offered
21 or presented, whether accepted or not, in connection with a
22 financial transaction; or
23 (4) A financial transaction was structured or
24 attempted to be structured so as to falsely report the
25 actual consideration or value of the transaction; or
26 (5) A money transmitter, a person engaged in a trade or

SB1578- 47 -LRB100 04747 SLF 14754 b
1 business or any employee of a money transmitter or a person
2 engaged in a trade or business, knows or reasonably should
3 know that false personal identifying information has been
4 presented and incorporates the false personal identifying
5 information into any report or record; or
6 (6) The criminally derived property is transported or
7 possessed in a fashion inconsistent with the ordinary or
8 usual means of transportation or possession of such
9 property and where the property is discovered in the
10 absence of any documentation or other indicia of legitimate
11 origin or right to such property; or
12 (7) A person pays or receives substantially less than
13 face value for one or more monetary instruments; or
14 (8) A person engages in a transaction involving one or
15 more monetary instruments, where the physical condition or
16 form of the monetary instrument or instruments makes it
17 apparent that they are not the product of bona fide
18 business or financial transactions.
19 (e) Duty to enforce this Article.
20 (1) It is the duty of the Department of State Police,
21 and its agents, officers, and investigators, to enforce all
22 provisions of this Article, except those specifically
23 delegated, and to cooperate with all agencies charged with
24 the enforcement of the laws of the United States, or of any
25 state, relating to money laundering. Only an agent,
26 officer, or investigator designated by the Director may be

SB1578- 48 -LRB100 04747 SLF 14754 b
1 authorized in accordance with this Section to serve seizure
2 notices, warrants, subpoenas, and summonses under the
3 authority of this State.
4 (2) Any agent, officer, investigator, or peace officer
5 designated by the Director may: (A) make seizure of
6 property pursuant to the provisions of this Article; and
7 (B) perform such other law enforcement duties as the
8 Director designates. It is the duty of all State's
9 Attorneys to prosecute violations of this Article and
10 institute legal proceedings as authorized under this
11 Article.
12 (f) (Blank). Protective orders.
13 (1) Upon application of the State, the court may enter
14 a restraining order or injunction, require the execution of
15 a satisfactory performance bond, or take any other action
16 to preserve the availability of property described in
17 subsection (h) for forfeiture under this Article:
18 (A) upon the filing of an indictment, information,
19 or complaint charging a violation of this Article for
20 which forfeiture may be ordered under this Article and
21 alleging that the property with respect to which the
22 order is sought would be subject to forfeiture under
23 this Article; or
24 (B) prior to the filing of such an indictment,
25 information, or complaint, if, after notice to persons
26 appearing to have an interest in the property and

SB1578- 49 -LRB100 04747 SLF 14754 b
1 opportunity for a hearing, the court determines that:
2 (i) there is probable cause to believe that the
3 State will prevail on the issue of forfeiture and
4 that failure to enter the order will result in the
5 property being destroyed, removed from the
6 jurisdiction of the court, or otherwise made
7 unavailable for forfeiture; and
8 (ii) the need to preserve the availability of
9 the property through the entry of the requested
10 order outweighs the hardship on any party against
11 whom the order is to be entered.
12 Provided, however, that an order entered pursuant
13 to subparagraph (B) shall be effective for not more
14 than 90 days, unless extended by the court for good
15 cause shown or unless an indictment, information,
16 complaint, or administrative notice has been filed.
17 (2) A temporary restraining order under this
18 subsection may be entered upon application of the State
19 without notice or opportunity for a hearing when an
20 indictment, information, complaint, or administrative
21 notice has not yet been filed with respect to the property,
22 if the State demonstrates that there is probable cause to
23 believe that the property with respect to which the order
24 is sought would be subject to forfeiture under this Section
25 and that provision of notice will jeopardize the
26 availability of the property for forfeiture. Such a

SB1578- 50 -LRB100 04747 SLF 14754 b
1 temporary order shall expire not more than 30 days after
2 the date on which it is entered, unless extended for good
3 cause shown or unless the party against whom it is entered
4 consents to an extension for a longer period. A hearing
5 requested concerning an order entered under this paragraph
6 shall be held at the earliest possible time and prior to
7 the expiration of the temporary order.
8 (3) The court may receive and consider, at a hearing
9 held pursuant to this subsection (f), evidence and
10 information that would be inadmissible under the Illinois
11 rules of evidence.
12 (4) Order to repatriate and deposit.
13 (A) In general. Pursuant to its authority to enter
14 a pretrial restraining order under this Section, the
15 court may order a defendant to repatriate any property
16 that may be seized and forfeited and to deposit that
17 property pending trial with the Illinois State Police
18 or another law enforcement agency designated by the
19 Illinois State Police.
20 (B) Failure to comply. Failure to comply with an
21 order under this subsection (f) is punishable as a
22 civil or criminal contempt of court.
23 (g) (Blank). Warrant of seizure. The State may request the
24issuance of a warrant authorizing the seizure of property
25described in subsection (h) in the same manner as provided for
26a search warrant. If the court determines that there is

SB1578- 51 -LRB100 04747 SLF 14754 b
1probable cause to believe that the property to be seized would
2be subject to forfeiture, the court shall issue a warrant
3authorizing the seizure of such property.
4 (h) (Blank). Forfeiture.
5 (1) The following are subject to forfeiture:
6 (A) any property, real or personal, constituting,
7 derived from, or traceable to any proceeds the person
8 obtained directly or indirectly, as a result of a
9 violation of this Article;
10 (B) any of the person's property used, or intended
11 to be used, in any manner or part, to commit, or to
12 facilitate the commission of, a violation of this
13 Article;
14 (C) all conveyances, including aircraft, vehicles
15 or vessels, which are used, or intended for use, to
16 transport, or in any manner to facilitate the
17 transportation, sale, receipt, possession, or
18 concealment of property described in subparagraphs (A)
19 and (B), but:
20 (i) no conveyance used by any person as a
21 common carrier in the transaction of business as a
22 common carrier is subject to forfeiture under this
23 Section unless it appears that the owner or other
24 person in charge of the conveyance is a consenting
25 party or privy to a violation of this Article;
26 (ii) no conveyance is subject to forfeiture

SB1578- 52 -LRB100 04747 SLF 14754 b
1 under this Section by reason of any act or omission
2 which the owner proves to have been committed or
3 omitted without his or her knowledge or consent;
4 (iii) a forfeiture of a conveyance encumbered
5 by a bona fide security interest is subject to the
6 interest of the secured party if he or she neither
7 had knowledge of nor consented to the act or
8 omission;
9 (D) all real property, including any right, title,
10 and interest (including, but not limited to, any
11 leasehold interest or the beneficial interest in a land
12 trust) in the whole of any lot or tract of land and any
13 appurtenances or improvements, which is used or
14 intended to be used, in any manner or part, to commit,
15 or in any manner to facilitate the commission of, any
16 violation of this Article or that is the proceeds of
17 any violation or act that constitutes a violation of
18 this Article.
19 (2) Property subject to forfeiture under this Article
20 may be seized by the Director or any peace officer upon
21 process or seizure warrant issued by any court having
22 jurisdiction over the property. Seizure by the Director or
23 any peace officer without process may be made:
24 (A) if the seizure is incident to a seizure
25 warrant;
26 (B) if the property subject to seizure has been the

SB1578- 53 -LRB100 04747 SLF 14754 b
1 subject of a prior judgment in favor of the State in a
2 criminal proceeding, or in an injunction or forfeiture
3 proceeding based upon this Article;
4 (C) if there is probable cause to believe that the
5 property is directly or indirectly dangerous to health
6 or safety;
7 (D) if there is probable cause to believe that the
8 property is subject to forfeiture under this Article
9 and the property is seized under circumstances in which
10 a warrantless seizure or arrest would be reasonable; or
11 (E) in accordance with the Code of Criminal
12 Procedure of 1963.
13 (3) In the event of seizure pursuant to paragraph (2),
14 forfeiture proceedings shall be instituted in accordance
15 with subsections (i) through (r).
16 (4) Property taken or detained under this Section shall
17 not be subject to replevin, but is deemed to be in the
18 custody of the Director subject only to the order and
19 judgments of the circuit court having jurisdiction over the
20 forfeiture proceedings and the decisions of the State's
21 Attorney under this Article. When property is seized under
22 this Article, the seizing agency shall promptly conduct an
23 inventory of the seized property and estimate the
24 property's value and shall forward a copy of the inventory
25 of seized property and the estimate of the property's value
26 to the Director. Upon receiving notice of seizure, the

SB1578- 54 -LRB100 04747 SLF 14754 b
1 Director may:
2 (A) place the property under seal;
3 (B) remove the property to a place designated by
4 the Director;
5 (C) keep the property in the possession of the
6 seizing agency;
7 (D) remove the property to a storage area for
8 safekeeping or, if the property is a negotiable
9 instrument or money and is not needed for evidentiary
10 purposes, deposit it in an interest bearing account;
11 (E) place the property under constructive seizure
12 by posting notice of pending forfeiture on it, by
13 giving notice of pending forfeiture to its owners and
14 interest holders, or by filing notice of pending
15 forfeiture in any appropriate public record relating
16 to the property; or
17 (F) provide for another agency or custodian,
18 including an owner, secured party, or lienholder, to
19 take custody of the property upon the terms and
20 conditions set by the Director.
21 (5) When property is forfeited under this Article, the
22 Director shall sell all such property unless such property
23 is required by law to be destroyed or is harmful to the
24 public, and shall distribute the proceeds of the sale,
25 together with any moneys forfeited or seized, in accordance
26 with paragraph (6). However, upon the application of the

SB1578- 55 -LRB100 04747 SLF 14754 b
1 seizing agency or prosecutor who was responsible for the
2 investigation, arrest or arrests and prosecution which
3 lead to the forfeiture, the Director may return any item of
4 forfeited property to the seizing agency or prosecutor for
5 official use in the enforcement of laws, if the agency or
6 prosecutor can demonstrate that the item requested would be
7 useful to the agency or prosecutor in its enforcement
8 efforts. When any real property returned to the seizing
9 agency is sold by the agency or its unit of government, the
10 proceeds of the sale shall be delivered to the Director and
11 distributed in accordance with paragraph (6).
12 (6) All monies and the sale proceeds of all other
13 property forfeited and seized under this Article shall be
14 distributed as follows:
15 (A) 65% shall be distributed to the metropolitan
16 enforcement group, local, municipal, county, or State
17 law enforcement agency or agencies which conducted or
18 participated in the investigation resulting in the
19 forfeiture. The distribution shall bear a reasonable
20 relationship to the degree of direct participation of
21 the law enforcement agency in the effort resulting in
22 the forfeiture, taking into account the total value of
23 the property forfeited and the total law enforcement
24 effort with respect to the violation of the law upon
25 which the forfeiture is based. Amounts distributed to
26 the agency or agencies shall be used for the

SB1578- 56 -LRB100 04747 SLF 14754 b
1 enforcement of laws.
2 (B)(i) 12.5% shall be distributed to the Office of
3 the State's Attorney of the county in which the
4 prosecution resulting in the forfeiture was
5 instituted, deposited in a special fund in the county
6 treasury and appropriated to the State's Attorney for
7 use in the enforcement of laws. In counties over
8 3,000,000 population, 25% shall be distributed to the
9 Office of the State's Attorney for use in the
10 enforcement of laws. If the prosecution is undertaken
11 solely by the Attorney General, the portion provided
12 hereunder shall be distributed to the Attorney General
13 for use in the enforcement of laws.
14 (ii) 12.5% shall be distributed to the Office of
15 the State's Attorneys Appellate Prosecutor and
16 deposited in the Narcotics Profit Forfeiture Fund of
17 that office to be used for additional expenses incurred
18 in the investigation, prosecution and appeal of cases
19 arising under laws. The Office of the State's Attorneys
20 Appellate Prosecutor shall not receive distribution
21 from cases brought in counties with over 3,000,000
22 population.
23 (C) 10% shall be retained by the Department of
24 State Police for expenses related to the
25 administration and sale of seized and forfeited
26 property.

SB1578- 57 -LRB100 04747 SLF 14754 b
1 Moneys and the sale proceeds distributed to the
2 Department of State Police under this Article shall be
3 deposited in the Money Laundering Asset Recovery Fund
4 created in the State treasury and shall be used by the
5 Department of State Police for State law enforcement
6 purposes.
7 (7) All moneys and sale proceeds of property forfeited
8 and seized under this Article and distributed according to
9 paragraph (6) may also be used to purchase opioid
10 antagonists as defined in Section 5-23 of the Alcoholism
11 and Other Drug Abuse and Dependency Act.
12 (i) (Blank). Notice to owner or interest holder.
13 (1) Whenever notice of pending forfeiture or service of
14 an in rem complaint is required under the provisions of
15 this Article, such notice or service shall be given as
16 follows:
17 (A) If the owner's or interest holder's name and
18 current address are known, then by either personal
19 service or mailing a copy of the notice by certified
20 mail, return receipt requested, to that address. For
21 purposes of notice under this Section, if a person has
22 been arrested for the conduct giving rise to the
23 forfeiture, then the address provided to the arresting
24 agency at the time of arrest shall be deemed to be that
25 person's known address. Provided, however, if an owner
26 or interest holder's address changes prior to the

SB1578- 58 -LRB100 04747 SLF 14754 b
1 effective date of the notice of pending forfeiture, the
2 owner or interest holder shall promptly notify the
3 seizing agency of the change in address or, if the
4 owner or interest holder's address changes subsequent
5 to the effective date of the notice of pending
6 forfeiture, the owner or interest holder shall
7 promptly notify the State's Attorney of the change in
8 address; or
9 (B) If the property seized is a conveyance, to the
10 address reflected in the office of the agency or
11 official in which title or interest to the conveyance
12 is required by law to be recorded, then by mailing a
13 copy of the notice by certified mail, return receipt
14 requested, to that address; or
15 (C) If the owner's or interest holder's address is
16 not known, and is not on record as provided in
17 paragraph (B), then by publication for 3 successive
18 weeks in a newspaper of general circulation in the
19 county in which the seizure occurred.
20 (2) Notice served under this Article is effective upon
21 personal service, the last date of publication, or the
22 mailing of written notice, whichever is earlier.
23 (j) (Blank). Notice to State's Attorney. The law
24enforcement agency seizing property for forfeiture under this
25Article shall, within 90 days after seizure, notify the State's
26Attorney for the county, either where an act or omission giving

SB1578- 59 -LRB100 04747 SLF 14754 b
1rise to the forfeiture occurred or where the property was
2seized, of the seizure of the property and the facts and
3circumstances giving rise to the seizure and shall provide the
4State's Attorney with the inventory of the property and its
5estimated value. When the property seized for forfeiture is a
6vehicle, the law enforcement agency seizing the property shall
7immediately notify the Secretary of State that forfeiture
8proceedings are pending regarding such vehicle.
9 (k) (Blank). Non-judicial forfeiture. If non-real property
10that exceeds $20,000 in value excluding the value of any
11conveyance, or if real property is seized under the provisions
12of this Article, the State's Attorney shall institute judicial
13in rem forfeiture proceedings as described in subsection (l) of
14this Section within 45 days from receipt of notice of seizure
15from the seizing agency under subsection (j) of this Section.
16However, if non-real property that does not exceed $20,000 in
17value excluding the value of any conveyance is seized, the
18following procedure shall be used:
19 (1) If, after review of the facts surrounding the
20 seizure, the State's Attorney is of the opinion that the
21 seized property is subject to forfeiture, then within 45
22 days after the receipt of notice of seizure from the
23 seizing agency, the State's Attorney shall cause notice of
24 pending forfeiture to be given to the owner of the property
25 and all known interest holders of the property in
26 accordance with subsection (i) of this Section.

SB1578- 60 -LRB100 04747 SLF 14754 b
1 (2) The notice of pending forfeiture must include a
2 description of the property, the estimated value of the
3 property, the date and place of seizure, the conduct giving
4 rise to forfeiture or the violation of law alleged, and a
5 summary of procedures and procedural rights applicable to
6 the forfeiture action.
7 (3)(A) Any person claiming an interest in property
8 which is the subject of notice under paragraph (1) of this
9 subsection (k), must, in order to preserve any rights or
10 claims to the property, within 45 days after the effective
11 date of notice as described in subsection (i) of this
12 Section, file a verified claim with the State's Attorney
13 expressing his or her interest in the property. The claim
14 must set forth:
15 (i) the caption of the proceedings as set forth on
16 the notice of pending forfeiture and the name of the
17 claimant;
18 (ii) the address at which the claimant will accept
19 mail;
20 (iii) the nature and extent of the claimant's
21 interest in the property;
22 (iv) the date, identity of the transferor, and
23 circumstances of the claimant's acquisition of the
24 interest in the property;
25 (v) the name and address of all other persons known
26 to have an interest in the property;

SB1578- 61 -LRB100 04747 SLF 14754 b
1 (vi) the specific provision of law relied on in
2 asserting the property is not subject to forfeiture;
3 (vii) all essential facts supporting each
4 assertion; and
5 (viii) the relief sought.
6 (B) If a claimant files the claim and deposits with the
7 State's Attorney a cost bond, in the form of a cashier's
8 check payable to the clerk of the court, in the sum of 10%
9 of the reasonable value of the property as alleged by the
10 State's Attorney or the sum of $100, whichever is greater,
11 upon condition that, in the case of forfeiture, the
12 claimant must pay all costs and expenses of forfeiture
13 proceedings, then the State's Attorney shall institute
14 judicial in rem forfeiture proceedings and deposit the cost
15 bond with the clerk of the court as described in subsection
16 (l) of this Section within 45 days after receipt of the
17 claim and cost bond. In lieu of a cost bond, a person
18 claiming interest in the seized property may file, under
19 penalty of perjury, an indigency affidavit which has been
20 approved by a circuit court judge.
21 (C) If none of the seized property is forfeited in the
22 judicial in rem proceeding, the clerk of the court shall
23 return to the claimant, unless the court orders otherwise,
24 90% of the sum which has been deposited and shall retain as
25 costs 10% of the money deposited. If any of the seized
26 property is forfeited under the judicial forfeiture

SB1578- 62 -LRB100 04747 SLF 14754 b
1 proceeding, the clerk of the court shall transfer 90% of
2 the sum which has been deposited to the State's Attorney
3 prosecuting the civil forfeiture to be applied to the costs
4 of prosecution and the clerk shall retain as costs 10% of
5 the sum deposited.
6 (4) If no claim is filed or bond given within the 45
7 day period as described in paragraph (3) of this subsection
8 (k), the State's Attorney shall declare the property
9 forfeited and shall promptly notify the owner and all known
10 interest holders of the property and the Director of State
11 Police of the declaration of forfeiture and the Director
12 shall dispose of the property in accordance with law.
13 (l) (Blank). Judicial in rem procedures. If property seized
14under the provisions of this Article is non-real property that
15exceeds $20,000 in value excluding the value of any conveyance,
16or is real property, or a claimant has filed a claim and a cost
17bond under paragraph (3) of subsection (k) of this Section, the
18following judicial in rem procedures shall apply:
19 (1) If, after a review of the facts surrounding the
20 seizure, the State's Attorney is of the opinion that the
21 seized property is subject to forfeiture, then within 45
22 days of the receipt of notice of seizure by the seizing
23 agency or the filing of the claim and cost bond, whichever
24 is later, the State's Attorney shall institute judicial
25 forfeiture proceedings by filing a verified complaint for
26 forfeiture and, if the claimant has filed a claim and cost

SB1578- 63 -LRB100 04747 SLF 14754 b
1 bond, by depositing the cost bond with the clerk of the
2 court. When authorized by law, a forfeiture must be ordered
3 by a court on an action in rem brought by a State's
4 Attorney under a verified complaint for forfeiture.
5 (2) During the probable cause portion of the judicial
6 in rem proceeding wherein the State presents its
7 case-in-chief, the court must receive and consider, among
8 other things, all relevant hearsay evidence and
9 information. The laws of evidence relating to civil actions
10 apply to all other portions of the judicial in rem
11 proceeding.
12 (3) Only an owner of or interest holder in the property
13 may file an answer asserting a claim against the property
14 in the action in rem. For purposes of this Section, the
15 owner or interest holder shall be referred to as claimant.
16 Upon motion of the State, the court shall first hold a
17 hearing, wherein any claimant must establish by a
18 preponderance of the evidence, that he or she has a lawful,
19 legitimate ownership interest in the property and that it
20 was obtained through a lawful source.
21 (4) The answer must be signed by the owner or interest
22 holder under penalty of perjury and must set forth:
23 (A) the caption of the proceedings as set forth on
24 the notice of pending forfeiture and the name of the
25 claimant;
26 (B) the address at which the claimant will accept

SB1578- 64 -LRB100 04747 SLF 14754 b
1 mail;
2 (C) the nature and extent of the claimant's
3 interest in the property;
4 (D) the date, identity of transferor, and
5 circumstances of the claimant's acquisition of the
6 interest in the property;
7 (E) the name and address of all other persons known
8 to have an interest in the property;
9 (F) all essential facts supporting each assertion;
10 and
11 (G) the precise relief sought.
12 (5) The answer must be filed with the court within 45
13 days after service of the civil in rem complaint.
14 (6) The hearing must be held within 60 days after
15 filing of the answer unless continued for good cause.
16 (7) The State shall show the existence of probable
17 cause for forfeiture of the property. If the State shows
18 probable cause, the claimant has the burden of showing by a
19 preponderance of the evidence that the claimant's interest
20 in the property is not subject to forfeiture.
21 (8) If the State does not show existence of probable
22 cause, the court shall order the interest in the property
23 returned or conveyed to the claimant and shall order all
24 other property forfeited to the State. If the State does
25 show existence of probable cause, the court shall order all
26 property forfeited to the State.

SB1578- 65 -LRB100 04747 SLF 14754 b
1 (9) A defendant convicted in any criminal proceeding is
2 precluded from later denying the essential allegations of
3 the criminal offense of which the defendant was convicted
4 in any proceeding under this Article regardless of the
5 pendency of an appeal from that conviction. However,
6 evidence of the pendency of an appeal is admissible.
7 (10) An acquittal or dismissal in a criminal proceeding
8 does not preclude civil proceedings under this Article;
9 however, for good cause shown, on a motion by the State's
10 Attorney, the court may stay civil forfeiture proceedings
11 during the criminal trial for a related criminal indictment
12 or information alleging a money laundering violation. Such
13 a stay shall not be available pending an appeal. Property
14 subject to forfeiture under this Article shall not be
15 subject to return or release by a court exercising
16 jurisdiction over a criminal case involving the seizure of
17 such property unless such return or release is consented to
18 by the State's Attorney.
19 (11) All property declared forfeited under this
20 Article vests in this State on the commission of the
21 conduct giving rise to forfeiture together with the
22 proceeds of the property after that time. Any such property
23 or proceeds subsequently transferred to any person remain
24 subject to forfeiture and thereafter shall be ordered
25 forfeited.
26 (12) A civil action under this Article must be

SB1578- 66 -LRB100 04747 SLF 14754 b
1 commenced within 5 years after the last conduct giving rise
2 to forfeiture became known or should have become known or 5
3 years after the forfeitable property is discovered,
4 whichever is later, excluding any time during which either
5 the property or claimant is out of the State or in
6 confinement or during which criminal proceedings relating
7 to the same conduct are in progress.
8 (m) (Blank). Stay of time periods. If property is seized
9for evidence and for forfeiture, the time periods for
10instituting judicial and non-judicial forfeiture proceedings
11shall not begin until the property is no longer necessary for
12evidence.
13 (n) (Blank). Settlement of claims. Notwithstanding other
14provisions of this Article, the State's Attorney and a claimant
15of seized property may enter into an agreed-upon settlement
16concerning the seized property in such an amount and upon such
17terms as are set out in writing in a settlement agreement.
18 (o) (Blank). Property constituting attorney fees. Nothing
19in this Article applies to property which constitutes
20reasonable bona fide attorney's fees paid to an attorney for
21services rendered or to be rendered in the forfeiture
22proceeding or criminal proceeding relating directly thereto
23where such property was paid before its seizure, before the
24issuance of any seizure warrant or court order prohibiting
25transfer of the property and where the attorney, at the time he
26or she received the property did not know that it was property

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1subject to forfeiture under this Article.
2 (p) (Blank). Construction. It is the intent of the General
3Assembly that the forfeiture provisions of this Article be
4liberally construed so as to effect their remedial purpose. The
5forfeiture of property and other remedies hereunder shall be
6considered to be in addition to, and not exclusive of, any
7sentence or other remedy provided by law.
8 (q) (Blank). Judicial review. If property has been declared
9forfeited under subsection (k) of this Section, any person who
10has an interest in the property declared forfeited may, within
1130 days after the effective date of the notice of the
12declaration of forfeiture, file a claim and cost bond as
13described in paragraph (3) of subsection (k) of this Section.
14If a claim and cost bond is filed under this Section, then the
15procedures described in subsection (l) of this Section apply.
16 (r) (Blank). Burden of proof of exemption or exception. It
17is not necessary for the State to negate any exemption or
18exception in this Article in any complaint, information,
19indictment or other pleading or in any trial, hearing, or other
20proceeding under this Article. The burden of proof of any
21exemption or exception is upon the person claiming it.
22 (s) (Blank). Review of administrative decisions. All
23administrative findings, rulings, final determinations,
24findings, and conclusions of the State's Attorney's Office
25under this Article are final and conclusive decisions of the
26matters involved. Any person aggrieved by the decision may

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1obtain review of the decision pursuant to the provisions of the
2Administrative Review Law and the rules adopted pursuant to
3that Law. Pending final decision on such review, the
4administrative acts, orders, and rulings of the State's
5Attorney's Office remain in full force and effect unless
6modified or suspended by order of court pending final judicial
7decision. Pending final decision on such review, the acts,
8orders, and rulings of the State's Attorney's Office remain in
9full force and effect, unless stayed by order of court.
10However, no stay of any decision of the administrative agency
11shall issue unless the person aggrieved by the decision
12establishes by a preponderance of the evidence that good cause
13exists for the stay. In determining good cause, the court shall
14find that the aggrieved party has established a substantial
15likelihood of prevailing on the merits and that granting the
16stay will not have an injurious effect on the general public.
17(Source: P.A. 99-480, eff. 9-9-15.)
18 (720 ILCS 5/29B-1.1 new)
19 Sec. 29B-1.1. Protective orders.
20 (a) Upon application of the State, the court may enter a
21restraining order or injunction, require the execution of a
22satisfactory performance bond, or take other action to preserve
23the availability of property described in Section 29B-2 of this
24Article subject to forfeiture under this Article:
25 (1) upon the filing of an indictment, information, or

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1 complaint charging a violation of this Article for which
2 forfeiture may be ordered and alleging that the property
3 with respect to which the order is sought would be subject
4 to forfeiture under this Article; or
5 (2) prior to the filing of the indictment, information,
6 or complaint, if, after notice to persons appearing to have
7 an interest in the property and opportunity for a hearing,
8 the court determines that:
9 (A) there is probable cause to believe that the
10 State will prevail on the issue of forfeiture and that
11 failure to enter the order will result in the property
12 being destroyed, removed from the jurisdiction of the
13 court, or otherwise made unavailable for forfeiture;
14 and
15 (B) the need to preserve the availability of the
16 property through the entry of the requested order
17 outweighs the hardship on any party against whom the
18 order is to be entered.
19 An order entered under paragraph (2) of this subsection
20shall be effective for not more than 90 days, unless extended
21by the court for good cause shown or if an indictment,
22information, complaint, or administrative notice has been
23filed.
24 (b) A temporary restraining order under this Section may be
25entered upon application of the State without notice or
26opportunity for a hearing when an indictment, information,

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1complaint, or administrative notice has not yet been filed with
2respect to the property if the State demonstrates that there is
3probable cause to believe that the property would be subject to
4forfeiture under this Section and that notice will jeopardize
5the availability of the property for forfeiture. A temporary
6order shall expire not more than 30 days after the date on
7which it is entered, unless extended for good cause shown or
8the party against whom it is entered consents to an extension
9for a longer period. A hearing requested concerning an order
10entered under this subsection shall be held at the earliest
11possible time and prior to the expiration of the temporary
12order.
13 (c) The court may receive and consider at a hearing held
14under this Section evidence and information that would be
15inadmissible under the rules of evidence of this State.
16 (d) Order to repatriate and deposit.
17 (1) Under its authority to enter a pretrial restraining
18 order under this Section, the court may order a defendant
19 to repatriate any property that may be seized or forfeited
20 and deposit that property pending trial with the Department
21 of State Police or another law enforcement agency
22 designated by the Department.
23 (2) Failure to comply with an order under this Section
24 is punishable as civil or criminal contempt of court.
25 (720 ILCS 5/29B-1.5 new)

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1 Sec. 29B-1.5. Warrant of seizure. The State may request the
2issuance of a warrant authorizing the seizure of property
3described in Section 29B-2 of this Article in the same manner
4as provided for a search warrant. If the court determines that
5there is probable cause to believe that the property to be
6seized would be subject to forfeiture, the court shall issue a
7warrant authorizing the seizure of the property.
8 (720 ILCS 5/29B-2 new)
9 Sec. 29B-2. Property subject to forfeiture.
10 The following property is subject of forfeiture under this
11Article:
12 (1) any property, real or personal, constituting, derived
13from, or traceable to any proceeds the person obtained directly
14or indirectly, as a result of a violation of this Article;
15 (2) any of the person's property used or intended to be
16used in any manner or part to commit or facilitate the
17commission of a violation of this Article;
18 (3) all conveyances, including aircraft, vehicles, or
19vessels, which are used or intended for use to transport or in
20any manner to facilitate the transportation, sale, receipt,
21possession, or concealment of property described in paragraphs
22(1) and (2) of this Section, but the following are not subject
23to forfeiture:
24 (A) a conveyance used by any person as a common carrier
25 in the transaction of business as a common carrier unless

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1 it appears that the owner or person in charge of the
2 conveyance is a consenting party or privy to a violation of
3 this Article;
4 (B) a conveyance by reason of any act or omission which
5 the owner proves to have been committed or omitted without
6 his or her knowledge or consent; or
7 (C) a conveyance encumbered by a bona fide security
8 interest is subject to the interest of the secured party if
9 he or she did not have knowledge or consented to the act or
10 omission; and
11 (4) all real property, including any right, title, and
12interest including, but not limited to, any leasehold interest
13or the beneficial interest in a land trust, in the whole of any
14lot or tract of land and any appurtenances or improvements,
15which is used or intended to be used, in any manner or part, to
16commit or facilitate the commission of a violation of this
17Article, or that is the proceeds of any violation or act that
18constitutes a violation of this Article.
19 (720 ILCS 5/29B-3 new)
20 Sec. 29B-3. Seizure.
21 (a) Seizure of real property subject to forfeiture under
22this Article requires a court order. A court may issue an order
23to seize or secure real property for which forfeiture is sought
24only after proper notice to property owners and an opportunity
25for a contested hearing to determine the sufficiency of

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1probable cause for the seizure. Nothing in this subsection
2prohibits the prosecuting authority from seeking a lis pendens
3or restraining order to hinder the sale or destruction of the
4real property.
5 (b) Personal property subject to forfeiture under this
6Article may be seized by the Director of State Police or any
7peace officer upon process or seizure warrant issued by any
8court having jurisdiction over the property.
9 (c) Personal property subject to forfeiture under this
10Article may be seized by the Director of State Police or any
11peace officer without process:
12 (1) if the seizure is incident to a seizure warrant;
13 (2) if the property subject to seizure has been the
14 subject of a prior judgment in favor of the State in a
15 criminal proceeding or in an injunction or forfeiture
16 proceeding based upon this Article;
17 (3) if there is probable cause to believe that the
18 property is directly or indirectly dangerous to health or
19 safety;
20 (4) if there is probable cause to believe that the
21 property is subject to forfeiture under this Article and
22 the property is seized under circumstances in which a
23 warrantless seizure or arrest would be reasonable; or
24 (5) in accordance with the Code of Criminal Procedure
25 of 1963.
26 (d) When a conveyance is seized under this Article, an

SB1578- 74 -LRB100 04747 SLF 14754 b
1investigation shall be made by the law enforcement agency as to
2any person whose right, title, interest, or lien is of record
3in the office of the agency or official in which title or
4interest to the conveyance is required by law to be recorded.
5 (e) After seizure of property under this Section, notice
6shall be given to all known interest holders that forfeiture
7proceedings, including a preliminary review, may be instituted
8under this Article.
9 (720 ILCS 5/29B-4 new)
10 Sec. 29B-4. Receipt for seized property. When a law
11enforcement officer seizes property that is subject to
12forfeiture, the officer shall provide an itemized receipt to
13the person possessing the property or, in the absence of a
14person to whom the receipt could be given, shall leave the
15receipt in the place where the property was found if possible.
16 (720 ILCS 5/29B-5 new)
17 Sec. 29B-5. Safekeeping of seized property pending
18disposition.
19 (a) Property seized under this Article is deemed to be in
20the custody of the Director of State Police subject only to the
21order and judgments of the circuit court having jurisdiction
22over the forfeiture proceeding and the decisions of the State's
23Attorney under this Article.
24 (b) If property is seized under this Article, the seizing

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1agency shall promptly conduct an inventory of the seized
2property and estimate the property's value and forward a copy
3of the inventory of seized property and an estimate of the
4property's value to the Director of State Police. Upon
5receiving notice of seizure, the Director of State Police
6shall:
7 (1) place the property under seal;
8 (2) remove the property to a place designated by the
9 Director of State Police;
10 (3) keep the property in the possession of the seizing
11 agency;
12 (4) remove the property to a storage area for
13 safekeeping;
14 (5) place the property under constructive seizure by
15 posting notice of pending forfeiture on it, by giving
16 notice of pending forfeiture to its owners and interest
17 holders, or by filing notice of pending forfeiture in any
18 appropriate public record relating to the property; or
19 (6) allow another agency or custodian, including an
20 owner, secured party, or secured lienholder, to take
21 custody of the property upon terms and conditions set by
22 the Director.
23 (c) Property seized under this Article shall be kept by the
24custodian in a manner to protect it from theft or damage and,
25if ordered by the court, insured against those risks.

SB1578- 76 -LRB100 04747 SLF 14754 b
1 (720 ILCS 5/29B-6 new)
2 Sec. 29B-6. Preliminary Review.
3 (a) Within 14 days of the seizure, the State shall seek a
4preliminary determination from the circuit court as to whether
5there is probable cause that the property may be subject to
6forfeiture.
7 (b) The rules of evidence of this State shall not apply to
8any proceeding conducted under this Section.
9 (c) The court may conduct the review under subsection (a)
10of this Section simultaneously with a proceeding under Section
11109-1 of the Code of Criminal Procedure of 1963 for a related
12criminal offense if a prosecution is commenced by information
13or complaint.
14 (d) The court may accept a finding of probable cause at a
15preliminary hearing following the filing of an information or
16complaint charging a related criminal offense or following the
17return of an indictment by a grand jury charging the related
18offense as sufficient evidence of probable cause as required
19under subsection (a) of this Section.
20 (e) Upon making a finding of probable cause as required
21under this Section, the circuit court shall order the property
22held until the conclusion of the forfeiture proceeding.
23 (f) For the seizure of a conveyance, at any time after a
24finding of probable cause under subsection (a) of this Section,
25but at least 60 days before the trial of the forfeiture case,
26the registered owner or other claimant may file a motion in

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1writing supported by one or more sworn affidavits claiming that
2the denial of the use of the conveyance during the pendency of
3the forfeiture proceedings will create a substantial hardship
4on the owner or claimant. The court shall consider the
5following factors in determining whether a substantial
6hardship has been proven:
7 (1) the nature of the claimed hardship;
8 (2) the availability of public transportation or other
9 available means of transportation; and
10 (3) any available alternatives to alleviate the
11 hardship other than the return of the seized conveyance.
12 If the court determines that a substantial hardship has
13been proven, the court shall balance the nature of the hardship
14against the State's interest in safeguarding the conveyance.
15 If the court determines that the hardship outweighs the
16State's interest in safeguarding the conveyance, the court may
17temporarily release the conveyance to the registered owner or
18claimant or the registered owner or claimant's authorized
19designee, or both, until the conclusion of the forfeiture
20proceedings or for a shorter period as ordered by the court,
21provided the person to whom the conveyance is released provides
22proof of insurance and a valid driver's license and all State
23and local registrations for operation of the conveyance are
24current. The court may place conditions on the conveyance
25limiting its use to the stated hardship and restricting the
26conveyance's use to only those persons authorized to use the

SB1578- 78 -LRB100 04747 SLF 14754 b
1conveyance by the registered owner or claimant. The court may
2revoke the order releasing the conveyance and order that the
3conveyance be seized by law enforcement if the conditions of
4release are violated or if the conveyance is used in the
5commission of any offense identified in subsection (a) of
6Section 6-205 of the Illinois Vehicle Code.
7 If the conveyance is released, the court shall order that
8the registered owner or claimant, or his or her designee:
9safeguard the conveyance; not remove the conveyance from the
10jurisdiction; not conceal, destroy, or otherwise dispose of the
11conveyance; not encumber the conveyance; and not diminish the
12value of the conveyance in any way. The court shall determine
13the full market value of the conveyance prior to release under
14this subsection based on a source or sources defined in 50 Ill.
15Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
16 If the conveyance subject to forfeiture is released under
17this Section and is subsequently forfeited, the person to whom
18the conveyance was released shall return the conveyance to the
19law enforcement agency that seized the conveyance within 7 days
20from the date of the declaration of forfeiture or order of
21forfeiture.
22 (720 ILCS 5/29B-7 new)
23 Sec. 29B-7. Notice to State's Attorney. The law enforcement
24agency seizing property for forfeiture under this Article
25shall, as soon as practicable but no later than 48 hours after

SB1578- 79 -LRB100 04747 SLF 14754 b
1the seizure, notify the State's Attorney of the county in which
2an act or omission giving rise to the seizure occurred or in
3which the property was seized and the facts and circumstances
4giving rise to the seizure and shall provide the State's
5Attorney with the inventory of the property and its estimated
6value. If the property seized for forfeiture is a vehicle, the
7law enforcement agency seizing the property shall immediately
8notify the Secretary of State that forfeiture proceedings are
9pending against the vehicle.
10 (720 ILCS 5/29B-8 new)
11 Sec. 29B-8. Replevin hearing.
12 (a) At any time following the seizure of property, but at
13least 60 days prior to trial of the forfeiture case, any person
14who claims an ownership interest in property seized under this
15Article may claim the right to possession of the property by
16motion to the court to issue a writ of replevin. The movant
17shall file a motion establishing the validity of his or her
18alleged interest in the property.
19 (b) The court shall hear the motion no more than 30 days
20after the motion is filed.
21 (c) If the motion for replevin is heard prior to the
22preliminary review under Section 29B-6 of this Article, the
23State shall file an answer showing probable cause for the
24seizure at least 10 days before the hearing.
25 (d) Either party may, by agreement or for good cause, move

SB1578- 80 -LRB100 04747 SLF 14754 b
1the court for one extension of no more than 10 days. The motion
2may be supported by affidavits or other submissions.
3 (e) The court shall issue a writ of replevin if it finds
4that:
5 (1) it is likely the final judgment will require the
6 State to return the property to the claimant; or
7 (2) the property is the only reasonable means for the
8 person claiming an ownership interest in the property to
9 pay for legal representation in the forfeiture proceeding.
10 At the court's discretion under subsection (b) of this
11Section, the court may order the return of funds or property
12sufficient to obtain legal counsel, but less than the total
13amount seized and require an accounting.
14 (720 ILCS 5/29B-9 new)
15 Sec. 29B-9. Complaint of forfeiture.
16 (a) If the State's Attorney of the county in which the
17seizure occurs finds that the alleged violation of law giving
18rise to the seizure was incurred without willful negligence,
19without any intention on the part of the owner of the property
20to violate the law, or finds the existence of mitigating
21circumstances as to justify remission of the forfeiture, he or
22she shall cause the law enforcement agency having custody of
23the property to return the property to the owner within a
24reasonable time not to exceed 5 days. The State's Attorney
25shall exercise his or her discretion prior to or promptly after

SB1578- 81 -LRB100 04747 SLF 14754 b
1the preliminary review under Section 29B-6 of this Article.
2 (b) If, after review of the facts surrounding the seizure,
3the State's Attorney is of the opinion that the seized property
4is subject to forfeiture and the State's Attorney does not
5cause the forfeiture to be remitted under subsection (a) of
6this Section, he or she shall bring an action for forfeiture in
7the circuit court within whose jurisdiction the seizure and
8confiscation has taken place by filing a complaint of
9forfeiture proceeding as soon as practicable, but no later than
1030 days after a finding of probable cause at a preliminary
11review under Section 29B-6 of this Article. A complaint of
12forfeiture proceeding shall include:
13 (1) a description of the property seized;
14 (2) the date and place of seizure of the property;
15 (3) the name and address of the law enforcement agency
16 making the seizure;
17 (4) the specific statutory and factual grounds for the
18 seizure;
19 (5) whether the property was seized under an order of
20 seizure, and if the property was seized without an order of
21 seizure, an affidavit from a law enforcement officer
22 stating the factual and legal grounds for the seizure;
23 (6) in the complaint caption and in the complaint, the
24 names of persons known to the State who may claim an
25 interest in the property and the basis for each person's
26 alleged interest; and

SB1578- 82 -LRB100 04747 SLF 14754 b
1 (7) a summary of procedures and procedural rights
2 applicable to the forfeiture action.
3 (c) The complaint shall be served upon the person from whom
4the property was seized and all persons known or reasonably
5believed by the State to claim an interest in the property, in
6accordance with the provisions of Article II, Part 2 of the
7Code of Civil Procedure.
8 (720 ILCS 5/29B-10 new)
9 Sec. 29B-10. Exemptions from forfeiture.
10 (a) No vessel or watercraft, vehicle, or aircraft used by
11any person as a common carrier in the transaction of business
12as a common carrier may be forfeited unless the State proves by
13clear and convincing evidence that (1) in the case of a railway
14car or engine, the owner, or (2) in the case of any other
15vessel or watercraft, vehicle or aircraft, the owner or the
16master of the vessel or watercraft or the owner or conductor,
17driver, pilot, or other person in charge of the vehicle or
18aircraft was at the time of the alleged illegal act a
19consenting party or privy to the illegal act.
20 (b) No vessel or watercraft, vehicle, or aircraft shall be
21forfeited by reason of any act or omission by a person other
22than the owner while the vessel, watercraft, vehicle, or
23aircraft was unlawfully in the possession of a person who
24acquired possession in violation of the criminal laws of the
25United States or of any state.

SB1578- 83 -LRB100 04747 SLF 14754 b
1 (c) Notwithstanding any other provision of law to the
2contrary, the property of an innocent owner shall not be
3forfeited. No property interest shall be subject to forfeiture
4unless the State proves by clear and convincing evidence that
5the underlying violation of law was committed with the
6knowledge and consent of the owner.
7 (d) Homesteaded real property, a motor vehicle of less than
8$10,000 in market value, or U.S. currency totaling $200 or less
9shall not be subject to forfeiture under this Article.
10 (720 ILCS 5/29B-11 new)
11 Sec. 29B-11. Judicial forfeiture procedures.
12 (a) A judgment of forfeiture requires as a condition
13precedent that a defendant be convicted in an underlying or
14related criminal action of an offense for which forfeiture is
15authorized under this Article. The court may waive the
16conviction requirement if the State shows by clear and
17convincing evidence that the defendant:
18 (1) died;
19 (2) was deported by the U.S. government;
20 (3) is granted immunity in exchange for testifying or
21 otherwise assisting a law enforcement investigation or
22 prosecution; or
23 (4) fled the jurisdiction after being charged with an
24 offense for which forfeiture is authorized and released on
25 bail.

SB1578- 84 -LRB100 04747 SLF 14754 b
1 A defendant convicted in a criminal proceeding is precluded
2from later denying the essential allegations of the criminal
3offense of which the defendant was convicted in any proceeding
4under this Article regardless of the pendency of an appeal from
5that conviction. However, evidence of the pendency of an appeal
6is admissible.
7 (b) The court shall stay civil forfeiture proceedings
8during the criminal trial for a related criminal indictment
9information, or complaint alleging a violation of this Article
10giving rise to the forfeiture, or alleging a felony violation
11of law underlying an alleged violation of this Article giving
12rise to forfeiture. A stay shall not be available pending an
13appeal. Property subject to forfeiture under this Article shall
14not be subject to return or release by a court exercising
15jurisdiction over a criminal case involving the seizure of the
16property unless the return or release is consented to by the
17State's Attorney. Upon dismissal of all related criminal
18proceedings underlying the alleged violation of this Article
19giving rise to forfeiture, the State's Attorney shall
20immediately move for dismissal of the forfeiture action.
21 (c) Only an owner of or interest holder in the property may
22file an answer. For purposes of this Article, the owner or
23interest holder shall be referred to as claimant. A person not
24named in the forfeiture complaint who claims to have an
25interest in the property may petition to intervene as a
26claimant in accordance with Section 2-408 of the Code of Civil

SB1578- 85 -LRB100 04747 SLF 14754 b
1Procedure.
2 (d) The answer must be signed by the owner or interest
3holder under penalty of perjury and must provide the following:
4 (1) the caption of the proceedings as set forth on the
5 notice of pending forfeiture and the name of the claimant;
6 (2) the address at which the claimant will accept mail;
7 (3) the nature and extent of the claimant's interest in
8 the property;
9 (4) the date, identity of transferor, and
10 circumstances of the claimant's acquisition of the
11 interest in the property;
12 (5) the name and address of all other persons known to
13 have an interest in the property;
14 (6) the specific provisions of Section 29B-10 of this
15 Article relied upon in asserting the property is exempt
16 from forfeiture, if applicable;
17 (7) the essential facts supporting each assertion; and
18 (8) the precise relief sought.
19 (e) The answer must be filed with the court within 45 days
20after service of the complaint of forfeiture. The trial must be
21held within 60 days after filing of the answer unless continued
22for good cause.
23 (f) The State shall have the burden of proving by clear and
24convincing evidence that the property is subject to forfeiture.
25If the State does not meet its burden of proof, the court shall
26order the interest in the property returned or conveyed to the

SB1578- 86 -LRB100 04747 SLF 14754 b
1claimant.
2 (g) Provisional title to all property declared forfeited
3vests in this State on the commission of the conduct giving
4rise to forfeiture together with the proceeds of the property
5after that time. Except as otherwise provided in this Article,
6any of the property or proceeds subsequently transferred to any
7person remain subject to forfeiture under this Article shall be
8ordered forfeited. A claimant who acquired, as a transferee, an
9ownership interest in property that is the subject of
10forfeiture proceedings under this Article after the commission
11of the underlying violation of law giving rise to forfeiture
12under this Article, shall be barred from asserting that his or
13her interest in the property is exempt from forfeiture under
14subsection (c) of Section 29B-10 of this Article, unless the
15claimant shows by a preponderance of the evidence that he or
16she acquired the interest as a mortgagee, secured creditor,
17lienholder, or bona fide purchaser, without knowledge of the
18seizure of the property and without notice of any defect in
19title.
20 (h) A civil action brought under this Article must be
21commenced within 5 years after the last conduct giving rise to
22forfeiture became known or should have become known, or 5 years
23after the property subject to forfeiture is discovered,
24whichever is later, excluding any time during which either the
25property or claimant is out of the State or in confinement or
26during which criminal proceedings relating to the same conduct

SB1578- 87 -LRB100 04747 SLF 14754 b
1are in progress.
2 (i) A claimant is not jointly and severally liable for
3forfeiture awards owed by other claimants. If ownership is
4unclear, a court may order each claimant to forfeit property on
5a pro rata basis or by another means the court finds equitable.
6 (720 ILCS 5/29B-12 new)
7 Sec. 29B-12. Proportionality hearing.
8 (a) If property has been declared forfeited under Section
929B-11 of this Article as an instrumentality of a criminal
10offense, a claimant may, within 30 days of the effective date
11of the notice of the declaration of forfeiture, petition the
12court that the forfeiture is grossly disproportional to the
13seriousness of the offense. The claimant shall bear the burden
14of persuasion by a preponderance of the evidence at a hearing
15conducted by the court without a jury. In determining whether
16the forfeiture of an instrumentality is excessive, the court
17may consider all relevant factors, including, but not limited
18to:
19 (1) the seriousness of the offense and its impact on
20 the community, including the duration of the activity and
21 the harm caused by the claimant;
22 (2) the extent to which the claimant participated in
23 the offense;
24 (3) the extent to which the property was used in
25 committing the offense;

SB1578- 88 -LRB100 04747 SLF 14754 b
1 (4) the sentence imposed for committing the crime
2 subject to forfeiture; and
3 (5) whether the offense was completed or attempted.
4 (b) In determining the value of the instrumentality subject
5to forfeiture, the court may consider all relevant factors,
6including, but not limited to:
7 (1) the fair market value of the property;
8 (2) the value of the property to the claimant,
9 including the hardship to the claimant if the forfeiture is
10 realized; and
11 (3) the hardship from the loss of a primary residence,
12 motor vehicle, or other property to the claimant's family
13 members or others if the property is forfeited.
14 (c) The court may not consider the monetary value of the
15instrumentality to the State in determining whether the
16forfeiture of an instrumentality is disproportional to the
17seriousness of the offense.
18 (d) If the claimant prevails in a proportionality hearing
19under this Section, the court may order the property, or a
20portion of the property, returned or conveyed to the claimant
21as the court deems just.
22 (720 ILCS 5/29B-13 new)
23 Sec. 29B-13. Stay of time periods. If property is seized
24for evidence and is subject to forfeiture, the time periods for
25instituting judicial forfeiture proceedings shall not begin

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1until the property is no longer necessary for evidence.
2 (720 ILCS 5/29B-14 new)
3 Sec. 29B-14. Settlement of claims. Notwithstanding any
4other provision of this Article, the State's Attorney and a
5claimant of seized property may enter into an agreed settlement
6concerning the seized property in an amount and upon the terms
7as set out in writing in the settlement agreement.
8 (720 ILCS 5/29B-15 new)
9 Sec. 29B-15. Attorney's fees. Nothing in this Article shall
10apply to property which constitutes reasonable bona fide
11attorney's fees paid to an attorney for services rendered or to
12be rendered in the forfeiture proceeding or criminal proceeding
13if the property was paid before its seizure, before the
14issuance of any seizure warrant, or court order prohibiting
15transfer of the property and if the attorney, at the time he or
16she received the property did not know that it was property
17subject to forfeiture.
18 (720 ILCS 5/29B-16 new)
19 Sec. 29B-16. Construction. The General Assembly intends
20the forfeiture provisions of this Article to be liberally
21construed so as to effect their remedial purpose. The
22forfeiture of property and other remedies shall be considered
23to be in addition, and not exclusive of any sentence or other

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1remedy provided by law.
2 (720 ILCS 5/29B-17 new)
3 Sec. 29B-17. Judicial review. If property has been declared
4forfeited under Section 29B-11 of this Article, any person who
5has an interest in the property declared forfeited and whose
6claimed interest in the forfeited property was not adjudicated
7in the forfeiture proceeding may, within 30 days of the
8effective date of the notice of the declaration of forfeiture,
9file a petition to stay enforcement of the order of forfeiture
10and to intervene as a claimant under Section 2-408 of the Code
11of Civil Procedure.
12 (720 ILCS 5/29B-18 new)
13 Sec. 29B-18. Return of property, damages, and costs.
14 (a) The law enforcement agency that holds custody of
15property seized for forfeiture shall return it to the claimant,
16within a reasonable period of time not to exceed 5 days after
17the court orders the property to be returned or conveyed to the
18claimant:
19 (1) property ordered by the court to be conveyed or
20 returned to the claimant in accordance with subsection (f)
21 of Section 29B-11 of this Article; and
22 (2) property ordered by the court to be conveyed or
23 returned to the claimant in accordance with subsection (d)
24 of Section 29B-12 of this Article.

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1 (b) The law enforcement agency that holds custody of
2property described in subsection (a) of this Section is
3responsible for any damages, storage fees, and related costs
4applicable to the property returned. The claimant shall not be
5subject to any charges by the State for storage of the property
6or expenses incurred in the preservation of the property.
7 (720 ILCS 5/29B-19 new)
8 Sec. 29B-19. Distribution of proceeds; selling or
9retaining seized property prohibited.
10 (a) Abandoned property shall be delivered to the Department
11of State Police within 30 days. For purposes of this Section,
12"abandoned property" means personal property left by an owner
13who intentionally relinquishes all rights to its control. Real
14property may not be abandoned.
15 (b) Except as otherwise provided in this Section, the court
16shall order that property under this Article to be delivered to
17the Department of State Police within 30 days.
18 (c) Upon motion, the court may order that a portion of the
19currency seized or proceeds from public auction be used to pay
20reasonable non-personnel expenses of the seizure, storage, and
21maintenance of custody of any forfeited items.
22 (d) The Department of State Police shall dispose of all
23non-currency forfeited or abandoned property at public
24auction. The auction proceeds and forfeited currency shall
25first be used to pay all outstanding recorded liens on the

SB1578- 92 -LRB100 04747 SLF 14754 b
1forfeited property and then to comply with an order of the
2court to pay reasonable non-personnel expenses under
3subsection (c) of this Section, with all remaining funds to be
4deposited into the Asset Forfeiture Proceeds Fund.
5 (e) A law enforcement agency shall not retain forfeited or
6abandoned property for its own use or transfer that property to
7any employee of the agency, to a person related to an employee
8by blood or marriage, or to another law enforcement agency.
9 (720 ILCS 5/29B-20 new)
10 Sec. 29B-20. Transfer of forfeitable property to the
11federal government.
12 (a) No State, county, municipal law enforcement agency, or
13prosecuting authority may enter into an agreement to transfer
14or refer seized property to a federal agency directly,
15indirectly, by adoption, through an intergovernmental joint
16taskforce, or by any other means for the purposes of forfeiture
17litigation, and instead shall refer the seized property to
18appropriate local or State prosecuting authorities for
19forfeiture litigation under this Article, unless the seized
20property includes U.S. currency in excess of $100,000.
21 (b) If the seized property includes U.S. currency in excess
22of $100,000, a State, county, or municipal law enforcement
23agency may refer or transfer the seized property to a federal
24agency for forfeiture litigation under federal law, but nothing
25in this Section shall be construed to require the referral or

SB1578- 93 -LRB100 04747 SLF 14754 b
1transfer.
2 (c) Nothing in subsections (a) or (b) of this Section shall
3be construed to restrict a State, county, or municipal law
4enforcement agency from collaborating with a federal agency to
5seize contraband or property that the law enforcement agency
6has probable cause to believe is the proceeds or instruments of
7a crime by adoption, through an intergovernmental joint
8taskforce, or by other means.
9 (720 ILCS 5/29B-21 new)
10 Sec. 29B-21. Disposition of property and proceeds from
11another jurisdiction.
12 (a) Forfeited property received from another jurisdiction,
13including from the federal government, shall be transferred to
14the Department of State Police, sold at public auction by the
15Department of State Police or its designee, and deposited into
16the Asset Forfeiture Proceeds Fund.
17 (b) Proceeds from the sale of forfeited property received
18from another jurisdiction, including the federal government,
19must be transferred to the Department of State Police and
20deposited into the Asset Forfeiture Proceeds Fund.
21 (c) If federal law prohibits compliance with subsections
22(a) and (b) of this Section, State and local law enforcement
23agencies are prohibited from seeking or accepting forfeited
24property or proceeds from the federal government.

SB1578- 94 -LRB100 04747 SLF 14754 b
1 (720 ILCS 5/29B-22 new)
2 Sec. 29B-22. Reporting. Property seized or forfeited under
3this Article is subject to reporting under the Seizure and
4Forfeiture Reporting Act.
5 (720 ILCS 5/33G-6)
6 (Section scheduled to be repealed on June 11, 2017)
7 Sec. 33G-6. Remedial proceedings, procedures, and
8forfeiture. Under this Article:
9 (a) The circuit court shall have jurisdiction to prevent
10and restrain violations of this Article by issuing appropriate
11orders, including:
12 (1) ordering any person to disgorge illicit proceeds
13 obtained by a violation of this Article or divest himself
14 or herself of any interest, direct or indirect, in any
15 enterprise or real or personal property of any character,
16 including money, obtained, directly or indirectly, by a
17 violation of this Article;
18 (2) imposing reasonable restrictions on the future
19 activities or investments of any person or enterprise,
20 including prohibiting any person or enterprise from
21 engaging in the same type of endeavor as the person or
22 enterprise engaged in, that violated this Article; or
23 (3) ordering dissolution or reorganization of any
24 enterprise, making due provision for the rights of innocent
25 persons.

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1 (b) Any violation of this Article is subject to the
2remedies, procedures, and forfeiture as set forth in Sections
31.1 through 21 of Article 29B subsections (f) through (s) of
4Section 29B-1 of this Code. Property seized or forfeited under
5this Article is subject to reporting under the Seizure and
6Forfeiture Reporting Act.
7(Source: P.A. 97-686, eff. 6-11-12.)
8 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
9 Sec. 36-1. Property subject to forfeiture Seizure.
10 (a) Any vessel or watercraft, vehicle, or aircraft is
11subject to forfeiture under this Article may be seized and
12impounded by the law enforcement agency if the vessel or
13watercraft, vehicle, or aircraft is used with the knowledge and
14consent of the owner in the commission of or in the attempt to
15commit as defined in Section 8-4 of this Code:
16 (1) an offense prohibited by Section 9-1 (first degree
17 murder), Section 9-3 (involuntary manslaughter and
18 reckless homicide), Section 10-2 (aggravated kidnaping),
19 Section 11-1.20 (criminal sexual assault), Section 11-1.30
20 (aggravated criminal sexual assault), Section 11-1.40
21 (predatory criminal sexual assault of a child), subsection
22 (a) of Section 11-1.50 (criminal sexual abuse), subsection
23 (a), (c), or (d) of Section 11-1.60 (aggravated criminal
24 sexual abuse), Section 11-6 (indecent solicitation of a
25 child), Section 11-14.4 (promoting juvenile prostitution

SB1578- 96 -LRB100 04747 SLF 14754 b
1 except for keeping a place of juvenile prostitution),
2 Section 11-20.1 (child pornography), paragraph (a)(1),
3 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
4 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
5 (aggravated battery), Section 12-7.3 (stalking), Section
6 12-7.4 (aggravated stalking), Section 16-1 (theft if the
7 theft is of precious metal or of scrap metal), subdivision
8 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
9 18-2 (armed robbery), Section 19-1 (burglary), Section
10 19-2 (possession of burglary tools), Section 19-3
11 (residential burglary), Section 20-1 (arson; residential
12 arson; place of worship arson), Section 20-2 (possession of
13 explosives or explosive or incendiary devices),
14 subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
15 of weapons), Section 24-1.2 (aggravated discharge of a
16 firearm), Section 24-1.2-5 (aggravated discharge of a
17 machine gun or a firearm equipped with a device designed or
18 used for silencing the report of a firearm), Section 24-1.5
19 (reckless discharge of a firearm), Section 28-1
20 (gambling), or Section 29D-15.2 (possession of a deadly
21 substance) of this Code;
22 (2) an offense prohibited by Section 21, 22, 23, 24 or
23 26 of the Cigarette Tax Act if the vessel or watercraft,
24 vehicle, or aircraft contains more than 10 cartons of such
25 cigarettes;
26 (3) an offense prohibited by Section 28, 29, or 30 of

SB1578- 97 -LRB100 04747 SLF 14754 b
1 the Cigarette Use Tax Act if the vessel or watercraft,
2 vehicle, or aircraft contains more than 10 cartons of such
3 cigarettes;
4 (4) an offense prohibited by Section 44 of the
5 Environmental Protection Act;
6 (5) an offense prohibited by Section 11-204.1 of the
7 Illinois Vehicle Code (aggravated fleeing or attempting to
8 elude a peace officer);
9 (6) an offense prohibited by Section 11-501 of the
10 Illinois Vehicle Code (driving while under the influence of
11 alcohol or other drug or drugs, intoxicating compound or
12 compounds or any combination thereof) or a similar
13 provision of a local ordinance, and:
14 (A) during a period in which his or her driving
15 privileges are revoked or suspended if the revocation
16 or suspension was for:
17 (i) Section 11-501 (driving under the
18 influence of alcohol or other drug or drugs,
19 intoxicating compound or compounds or any
20 combination thereof),
21 (ii) Section 11-501.1 (statutory summary
22 suspension or revocation),
23 (iii) paragraph (b) of Section 11-401 (motor
24 vehicle accidents involving death or personal
25 injuries), or
26 (iv) reckless homicide as defined in Section

SB1578- 98 -LRB100 04747 SLF 14754 b
1 9-3 of this Code;
2 (B) has been previously convicted of reckless
3 homicide or a similar provision of a law of another
4 state relating to reckless homicide in which the person
5 was determined to have been under the influence of
6 alcohol, other drug or drugs, or intoxicating compound
7 or compounds as an element of the offense or the person
8 has previously been convicted of committing a
9 violation of driving under the influence of alcohol or
10 other drug or drugs, intoxicating compound or
11 compounds or any combination thereof and was involved
12 in a motor vehicle accident that resulted in death,
13 great bodily harm, or permanent disability or
14 disfigurement to another, when the violation was a
15 proximate cause of the death or injuries;
16 (C) the person committed a violation of driving
17 under the influence of alcohol or other drug or drugs,
18 intoxicating compound or compounds or any combination
19 thereof under Section 11-501 of the Illinois Vehicle
20 Code or a similar provision for the third or subsequent
21 time;
22 (D) he or she did not possess a valid driver's
23 license or permit or a valid restricted driving permit
24 or a valid judicial driving permit or a valid
25 monitoring device driving permit; or
26 (E) he or she knew or should have known that the

SB1578- 99 -LRB100 04747 SLF 14754 b
1 vehicle he or she was driving was not covered by a
2 liability insurance policy;
3 (7) an offense described in subsection (g) of Section
4 6-303 of the Illinois Vehicle Code;
5 (8) an offense described in subsection (e) of Section
6 6-101 of the Illinois Vehicle Code; or
7 (9)(A) operating a watercraft under the influence of
8 alcohol, other drug or drugs, intoxicating compound or
9 compounds, or combination thereof under Section 5-16 of the
10 Boat Registration and Safety Act during a period in which
11 his or her privileges to operate a watercraft are revoked
12 or suspended and the revocation or suspension was for
13 operating a watercraft under the influence of alcohol,
14 other drug or drugs, intoxicating compound or compounds, or
15 combination thereof; (B) operating a watercraft under the
16 influence of alcohol, other drug or drugs, intoxicating
17 compound or compounds, or combination thereof and has been
18 previously convicted of reckless homicide or a similar
19 provision of a law in another state relating to reckless
20 homicide in which the person was determined to have been
21 under the influence of alcohol, other drug or drugs,
22 intoxicating compound or compounds, or combination thereof
23 as an element of the offense or the person has previously
24 been convicted of committing a violation of operating a
25 watercraft under the influence of alcohol, other drug or
26 drugs, intoxicating compound or compounds, or combination

SB1578- 100 -LRB100 04747 SLF 14754 b
1 thereof and was involved in an accident that resulted in
2 death, great bodily harm, or permanent disability or
3 disfigurement to another, when the violation was a
4 proximate cause of the death or injuries; or (C) the person
5 committed a violation of operating a watercraft under the
6 influence of alcohol, other drug or drugs, intoxicating
7 compound or compounds, or combination thereof under
8 Section 5-16 of the Boat Registration and Safety Act or a
9 similar provision for the third or subsequent time.
10 (b) In addition, any mobile or portable equipment used in
11the commission of an act which is in violation of Section 7g of
12the Metropolitan Water Reclamation District Act shall be
13subject to seizure and forfeiture under the same procedures
14provided in this Article for the seizure and forfeiture of
15vessels or watercraft, vehicles, and aircraft, and any such
16equipment shall be deemed a vessel or watercraft, vehicle, or
17aircraft for purposes of this Article.
18 (c) In addition, when a person discharges a firearm at
19another individual from a vehicle with the knowledge and
20consent of the owner of the vehicle and with the intent to
21cause death or great bodily harm to that individual and as a
22result causes death or great bodily harm to that individual,
23the vehicle shall be subject to seizure and forfeiture under
24the same procedures provided in this Article for the seizure
25and forfeiture of vehicles used in violations of clauses (1),
26(2), (3), or (4) of subsection (a) of this Section.

SB1578- 101 -LRB100 04747 SLF 14754 b
1 (d) (Blank). If the spouse of the owner of a vehicle seized
2for an offense described in subsection (g) of Section 6-303 of
3the Illinois Vehicle Code, a violation of subdivision
4(d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of
5Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of
6this Code makes a showing that the seized vehicle is the only
7source of transportation and it is determined that the
8financial hardship to the family as a result of the seizure
9outweighs the benefit to the State from the seizure, the
10vehicle may be forfeited to the spouse or family member and the
11title to the vehicle shall be transferred to the spouse or
12family member who is properly licensed and who requires the use
13of the vehicle for employment or family transportation
14purposes. A written declaration of forfeiture of a vehicle
15under this Section shall be sufficient cause for the title to
16be transferred to the spouse or family member. The provisions
17of this paragraph shall apply only to one forfeiture per
18vehicle. If the vehicle is the subject of a subsequent
19forfeiture proceeding by virtue of a subsequent conviction of
20either spouse or the family member, the spouse or family member
21to whom the vehicle was forfeited under the first forfeiture
22proceeding may not utilize the provisions of this paragraph in
23another forfeiture proceeding. If the owner of the vehicle
24seized owns more than one vehicle, the procedure set out in
25this paragraph may be used for only one vehicle.
26 (e) In addition, property subject to forfeiture declared

SB1578- 102 -LRB100 04747 SLF 14754 b
1contraband under Section 40 of the Illinois Streetgang
2Terrorism Omnibus Prevention Act may be seized and forfeited
3under the procedures under this Article.
4(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
599-78, eff. 7-20-15.)
6 (720 ILCS 5/36-1.1 new)
7 Sec. 36-1.1. Seizure.
8 (a) Any property subject to forfeiture under this Article
9may be seized and impounded by the Director of State Police or
10any peace officer upon process or seizure warrant issued by any
11court having jurisdiction over the property.
12 (b) Any property subject to forfeiture under this Article
13may be seized and impounded by the Director of State Police or
14any peace officer without process if there is probable cause to
15believe that the property is subject to forfeiture under
16Section 36-1 of this Article, and the property is seized under
17circumstances in which a warrantless seizure or arrest would be
18reasonable.
19 (c) If the seized property is a conveyance, an
20investigation shall be made by the law enforcement agency as to
21any person whose right, title, interest, or lien is of record
22in the office of the agency or official in which title or
23interest to the conveyance is required by law to be recorded.
24 (d) After seizure under this Section, notice shall be given
25to all known interest holders that forfeiture proceedings,

SB1578- 103 -LRB100 04747 SLF 14754 b
1including a preliminary review, may be instituted under this
2Article.
3 (720 ILCS 5/36-1.2 new)
4 Sec. 36-1.2. Receipt for seized property. When a law
5enforcement officer seizes property for forfeiture, the
6officer shall provide an itemized receipt to the person
7possessing the property or, in the absence of a person to whom
8the receipt could be given, shall leave the receipt in the
9place where the property was found, if possible.
10 (720 ILCS 5/36-1.3 new)
11 Sec. 36-1.3. Safekeeping of seized property pending
12disposition.
13 (a) Property seized under this Article is deemed to be in
14the custody of the seizing agency subject only to the order and
15judgments of the circuit court having jurisdiction over the
16forfeiture proceedings and the decisions of the State's
17Attorney under this Article.
18 (b) When property is seized, the seizing agency shall
19promptly conduct an inventory of the seized property and
20estimate the property's value, and shall:
21 (1) place the property under seal;
22 (2) remove the property to a place designated by the
23 seizing agency;
24 (3) keep the property in the possession of the seizing

SB1578- 104 -LRB100 04747 SLF 14754 b
1 agency;
2 (4) remove the property to a storage area for
3 safekeeping;
4 (5) place the property under constructive seizure by
5 posting notice of pending forfeiture on it, by giving
6 notice of pending forfeiture to its owners and interest
7 holders, or by filing notice of pending forfeiture in any
8 appropriate public record relating to the property; or
9 (6) provide for another agency or custodian, including
10 an owner, secured party, or lienholder, to take custody of
11 the property upon the terms and conditions set by the
12 seizing agency.
13 (c) Property seized under this Article shall be kept by the
14custodian in a manner to protect it from theft or damage and,
15if ordered by the court, insured against those risks.
16 (d) Property seized under this Article is subject to
17reporting under the Seizure and Forfeiture Reporting Act.
18 (720 ILCS 5/36-1.4 new)
19 Sec. 36-1.4. Notice to State's Attorney. The law
20enforcement agency seizing property for forfeiture under this
21Article shall, as soon as practicable but not later than 48
22hours after the seizure, notify the State's Attorney for the
23county in which an act or omission giving rise to the seizure
24occurred or in which the property was seized and the facts and
25circumstances giving rise to the seizure occurred, and shall

SB1578- 105 -LRB100 04747 SLF 14754 b
1provide the State's Attorney with the inventory of the property
2and its estimated value. If the property seized for forfeiture
3is a vehicle, the law enforcement agency seizing the property
4shall immediately notify the Secretary of State that forfeiture
5proceedings are pending.
6 (720 ILCS 5/36-1.5)
7 Sec. 36-1.5. Preliminary review.
8 (a) Within 14 days of the seizure, the State's Attorney in
9the county in which the seizure occurred shall seek a
10preliminary determination from the circuit court as to whether
11there is probable cause that the property may be subject to
12forfeiture.
13 (b) The rules of evidence shall not apply to any proceeding
14conducted under this Section.
15 (c) The court may conduct the review under subsection (a)
16simultaneously with a proceeding pursuant to Section 109-1 of
17the Code of Criminal Procedure of 1963 for a related criminal
18offense if a prosecution is commenced by information or
19complaint.
20 (d) The court may accept a finding of probable cause at a
21preliminary hearing following the filing of an information or
22complaint charging a related criminal offense or following the
23return of indictment by a grand jury charging the related
24offense as sufficient evidence of probable cause as required
25under subsection (a).

SB1578- 106 -LRB100 04747 SLF 14754 b
1 (e) Upon making a finding of probable cause as required
2under this Section, the circuit court shall order the property
3subject to the provisions of the applicable forfeiture Act held
4until the conclusion of any forfeiture proceeding.
5 For seizures of conveyances, at any time after within 7
6days of a finding of probable cause under subsection (a), but
7at least 60 days before the trial of the forfeiture case, the
8registered owner or other claimant may file a motion in writing
9supported by sworn affidavits claiming that denial of the use
10of the conveyance during the pendency of the forfeiture
11proceedings creates a substantial hardship. The court shall
12consider the following factors in determining whether a
13substantial hardship has been proven:
14 (1) the nature of the claimed hardship;
15 (2) the availability of public transportation or other
16 available means of transportation; and
17 (3) any available alternatives to alleviate the
18 hardship other than the return of the seized conveyance.
19 If the court determines that a substantial hardship has
20been proven, the court shall then balance the nature of the
21hardship against the State's interest in safeguarding the
22conveyance. If the court determines that the hardship outweighs
23the State's interest in safeguarding the conveyance, the court
24may temporarily release the conveyance to the registered owner
25or the registered owner's authorized designee, or both, until
26the conclusion of the forfeiture proceedings or for such

SB1578- 107 -LRB100 04747 SLF 14754 b
1shorter period as ordered by the court provided that the person
2to whom the conveyance is released provides proof of insurance
3and a valid driver's license and all State and local
4registrations for operation of the conveyance are current. The
5court may shall place conditions on the conveyance limiting its
6use to the stated hardship and restricting the conveyance's use
7to only those individuals authorized to use the conveyance by
8the registered owner. The court may shall revoke the order
9releasing the conveyance and order that the conveyance be
10reseized by law enforcement if the conditions of release are
11violated or if the conveyance is used in the commission of any
12offense identified in subsection (a) of Section 6-205 of the
13Illinois Vehicle Code.
14 If the court orders the release of the conveyance during
15the pendency of the forfeiture proceedings, the registered
16owner or his or her authorized designee shall post a cash
17security with the Clerk of the Court as ordered by the court.
18The court shall consider the following factors in determining
19the amount of the cash security:
20 (A) the full market value of the conveyance;
21 (B) the nature of the hardship;
22 (C) the extent and length of the usage of the
23 conveyance; and
24 (D) such other conditions as the court deems necessary
25 to safeguard the conveyance.
26 If the conveyance is released, the court shall order that

SB1578- 108 -LRB100 04747 SLF 14754 b
1the registered owner or his or her designee safeguard the
2conveyance, not remove the conveyance from the jurisdiction,
3not conceal, destroy, or otherwise dispose of the conveyance,
4not encumber the conveyance, and not diminish the value of the
5conveyance in any way. The court shall also make a
6determination of the full market value of the conveyance prior
7to it being released based on a source or sources defined in 50
8Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
9 If the conveyance subject to forfeiture is released under
10this Section and is subsequently forfeited, the person to whom
11the conveyance was released shall return the conveyance to the
12law enforcement agency that seized the conveyance within 7 days
13from the date of the declaration of forfeiture or order of
14forfeiture. If the conveyance is not returned within 7 days,
15the cash security shall be forfeited in the same manner as the
16conveyance subject to forfeiture. If the cash security was less
17than the full market value, a judgment shall be entered against
18the parties to whom the conveyance was released and the
19registered owner, jointly and severally, for the difference
20between the full market value and the amount of the cash
21security. If the conveyance is returned in a condition other
22than the condition in which it was released, the cash security
23shall be returned to the surety who posted the security minus
24the amount of the diminished value, and that amount shall be
25forfeited in the same manner as the conveyance subject to
26forfeiture. Additionally, the court may enter an order allowing

SB1578- 109 -LRB100 04747 SLF 14754 b
1any law enforcement agency in the State of Illinois to seize
2the conveyance wherever it may be found in the State to satisfy
3the judgment if the cash security was less than the full market
4value of the conveyance.
5(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;
698-1020, eff. 8-22-14.)
7 (720 ILCS 5/36-1.6 new)
8 Sec. 36-1.6. Replevin hearing.
9 (a) At any time following the seizure of property under
10this Article, but at least 60 days prior to trial of the
11forfeiture case, any person who claims an ownership interest in
12the property may claim the right to possession of the property
13by motion to the court to issue a writ of replevin. The movant
14shall file a motion establishing the validity of his or her
15alleged interest in the property.
16 (b) The court shall hear the motion no more than 30 days
17after the motion is filed.
18 (c) If the motion for replevin is heard prior to the
19preliminary review under Section 36-1.5 of this Code, the State
20shall file a response showing probable cause for the seizure at
21least 10 days before the hearing.
22 (d) Either party may, by agreement or for good cause, move
23the court for one extension of no more than 10 days. The motion
24may be supported by affidavits or other submissions.
25 (e) The court shall issue a writ of replevin if it finds

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1that:
2 (1) it is likely the final judgment will require the
3 State to return the property to the claimant; or
4 (2) the property is the only reasonable means for a
5 defendant to pay for legal representation in the forfeiture
6 proceeding. At the court's discretion, it may order the
7 return of property sufficient to obtain legal counsel but
8 less than the total amount seized, and require an
9 accounting.
10 (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
11 Sec. 36-2. Complaint of Action for forfeiture.
12 (a) If the The State's Attorney in the county in which the
13such seizure occurs if he or she finds that the alleged
14violation of law giving rise to the seizure forfeiture was
15incurred without willful negligence or without any intention on
16the part of the owner of the vessel or watercraft, vehicle or
17aircraft or any person whose right, title or interest is of
18record as described in Section 36-1 of this Article, to violate
19the law, or finds the existence of such mitigating
20circumstances as to justify remission of the forfeiture, he or
21she shall may cause the law enforcement agency having custody
22of the property to return the property to the owner within a
23reasonable time not to exceed 5 days to remit the same upon
24such terms and conditions as the State's Attorney deems
25reasonable and just. The State's Attorney shall exercise his or

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1her discretion under this subsection the foregoing provision of
2this Section 36-2(a) prior to or promptly after the preliminary
3review under Section 36-1.5 of this Article.
4 (b) If, after review of the facts surrounding the seizure,
5the State's Attorney is of the opinion that seized property is
6subject to forfeiture and the State's Attorney does not cause
7the forfeiture to be remitted under subsection (a) of this
8Section, he or she shall forthwith bring an action for
9forfeiture in the Circuit Court within whose jurisdiction the
10seizure and confiscation has taken place by filing a complaint
11of forfeiture proceeding as soon as practicable but not later
12than 30 days after a finding of probable cause at a preliminary
13review under Section 36-1.5 of this Article. A complaint of
14forfeiture proceeding shall include:
15 (1) a description of the property seized;
16 (2) the date and place of seizure of the property;
17 (3) the name and address of the law enforcement agency
18 making the seizure;
19 (4) the specific statutory and factual grounds for the
20 seizure;
21 (5) whether the property was seized under an order of
22 seizure, and if the property was seized without an order of
23 seizure, an affidavit from a law enforcement officer
24 stating the factual and legal grounds for the seizure;
25 (6) in the complaint caption and in the complaint, the
26 names of persons known to the State who may claim an

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1 interest in the property and the basis for each person's
2 alleged interest; and
3 (7) a summary of procedures and procedural rights
4 applicable to the forfeiture action.
5 (b-1) The complaint shall be served upon the person from
6whom the property was seized, upon each person whose right,
7title, or interest is of record in the office of the Secretary
8of State, the Secretary of Transportation, the Administrator of
9the Federal Aviation Agency, or any other department of this
10State, or any other state of the United States if the vessel or
11watercraft, vehicle, or aircraft is required to be so
12registered, as the case may be, and upon all persons known or
13reasonably believed by the State to claim an interest in the
14property, under Article II, Part 2, of the Code of Civil
15Procedure. The State's Attorney shall give notice of seizure
16and the forfeiture proceeding to each person according to the
17following method: upon each person whose right, title, or
18interest is of record in the office of the Secretary of State,
19the Secretary of Transportation, the Administrator of the
20Federal Aviation Agency, or any other department of this State,
21or any other state of the United States if the vessel or
22watercraft, vehicle, or aircraft is required to be so
23registered, as the case may be, by delivering the notice and
24complaint in open court or by certified mail to the address as
25given upon the records of the Secretary of State, the Division
26of Aeronautics of the Department of Transportation, the Capital

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1Development Board, or any other department of this State or the
2United States if the vessel or watercraft, vehicle, or aircraft
3is required to be so registered.
4 (c) (Blank). The owner of the seized vessel or watercraft,
5vehicle, or aircraft or any person whose right, title, or
6interest is of record as described in Section 36-1, may within
720 days after delivery in open court or the mailing of such
8notice file a verified answer to the Complaint and may appear
9at the hearing on the action for forfeiture.
10 (d) (Blank). The State shall show at such hearing by a
11preponderance of the evidence, that such vessel or watercraft,
12vehicle, or aircraft was used in the commission of an offense
13described in Section 36-1.
14 (e) (Blank). The owner of such vessel or watercraft,
15vehicle, or aircraft or any person whose right, title, or
16interest is of record as described in Section 36-1, may show by
17a preponderance of the evidence that he did not know, and did
18not have reason to know, that the vessel or watercraft,
19vehicle, or aircraft was to be used in the commission of such
20an offense or that any of the exceptions set forth in Section
2136-3 are applicable.
22 (f) (Blank). Unless the State shall make such showing, the
23Court shall order such vessel or watercraft, vehicle, or
24aircraft released to the owner. Where the State has made such
25showing, the Court may order the vessel or watercraft, vehicle,
26or aircraft destroyed or may order it forfeited to any local,

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1municipal or county law enforcement agency, or the Department
2of State Police or the Department of Revenue of the State of
3Illinois.
4 (g) (Blank). A copy of the order shall be filed with the
5law enforcement agency, and with each Federal or State office
6or agency with which such vessel or watercraft, vehicle, or
7aircraft is required to be registered. Such order, when filed,
8constitutes authority for the issuance of clear title to such
9vessel or watercraft, vehicle, or aircraft, to the department
10or agency to whom it is delivered or any purchaser thereof. The
11law enforcement agency shall comply promptly with instructions
12to remit received from the State's Attorney or Attorney General
13in accordance with Sections 36-2(a) or 36-3.
14 (h) (Blank). The proceeds of any sale at public auction
15pursuant to Section 36-2 of this Act, after payment of all
16liens and deduction of the reasonable charges and expenses
17incurred by the State's Attorney's Office shall be paid to the
18law enforcement agency having seized the vehicle for
19forfeiture.
20(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
2199-78, eff. 7-20-15.)
22 (720 ILCS 5/36-2.1 new)
23 Sec. 36-2.1. Judicial procedures. The following judicial
24procedures shall apply to property seized under this Article:
25 (a) A judgment of forfeiture requires as a condition

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1precedent that a defendant be convicted in an underlying or
2related criminal action of an offense for which forfeiture is
3authorized under Section 36-1 of this Article. The court may
4waive the conviction requirement if the State shows by clear
5and convincing evidence that the defendant:
6 (1) died;
7 (2) was deported by the United States government;
8 (3) is granted immunity in exchange for testifying or
9 otherwise assisting a law enforcement investigation or
10 prosecution; or
11 (4) fled the jurisdiction after being charged with an
12 offense for which forfeiture is authorized and released on
13 bail.
14 A defendant convicted in any criminal proceeding is
15precluded from later denying the essential allegations of the
16criminal offense of which the defendant was convicted in any
17proceeding under this Article, regardless of the pendency of an
18appeal from that conviction. However, evidence of the pendency
19of an appeal is admissible.
20 (b) The court shall stay civil forfeiture proceedings
21during the criminal trial for a related criminal indictment,
22complaint, or information alleging a violation of law giving
23rise to forfeiture under Section 36-1 of this Article. A stay
24shall not be available pending an appeal. Property subject to
25forfeiture under Section 36-1 of this Article is not subject to
26return or release by a court exercising jurisdiction over a

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1criminal case involving the seizure of the property unless the
2return or release is consented to by the State's Attorney. Upon
3dismissal of all related criminal proceedings underlying the
4alleged violation of this Article giving rise to forfeiture,
5the State's Attorney shall immediately move for dismissal of
6the forfeiture action.
7 (c) Only an owner of or interest holder in the property may
8file an answer. For purposes of this Article, the owner or
9interest holder shall be referred to as claimant. A person not
10named in the forfeiture complaint who claims to have an
11interest in the property may petition to intervene as a
12claimant under Section 2-408 of the Code of Civil Procedure.
13 (d) The answer must be signed by the owner or interest
14holder under penalty of perjury and must set forth:
15 (1) the caption of the proceedings as set forth on the
16 notice of pending forfeiture and the name of the claimant;
17 (2) the address at which the claimant will accept mail;
18 (3) the nature and extent of the claimant's interest in
19 the property;
20 (4) the date, identity of transferor, and
21 circumstances of the claimant's acquisition of the
22 interest in the property;
23 (5) the name and address of all other persons known to
24 have an interest in the property;
25 (6) if applicable, the specific provisions of Section
26 36-3 of this Article relied upon in asserting that the

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1 property is exempt from forfeiture;
2 (7) all essential facts supporting each assertion; and
3 (8) the precise relief sought.
4 (e) The answer must be filed with the court within 45 days
5after service of the complaint of forfeiture.
6 (f) The trial must be held within 60 days after filing of
7the answer unless continued for good cause.
8 (g) The State shall have the burden of proving by clear and
9convincing evidence that the property is subject to forfeiture
10under Section 36-1 of this Article.
11 (h) If the State does not meet its burden of proof, the
12court shall order the interest in the property returned or
13conveyed to the claimant.
14 (i) If the State meets its burden of proof, then the court
15shall order the property forfeited to the State. A copy of the
16order shall be filed with the law enforcement agency, and with
17each federal or State office or agency with which the vessel or
18watercraft, vehicle, or aircraft is required to be registered.
19The order, when filed, constitutes authority for the issuance
20of clear title to the vessel or watercraft, vehicle, or
21aircraft, to the department or agency to whom it is delivered
22or any purchaser. The law enforcement agency shall comply with
23instructions to remit received from the State's Attorney or
24Attorney General under subsection (a) of Section 36-2 or 36-4
25of this Article within a reasonable time not to exceed 5 days.
26 (j) Property subject to forfeiture under this Article is

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1not subject to return or release by a court exercising
2jurisdiction over a criminal case involving the seizure of the
3property unless the return or release is consented to by the
4State's Attorney.
5 (k) Provisional title to all property declared forfeited
6under this Article vests in the State on the commission of the
7conduct giving rise to forfeiture together with the proceeds of
8the property after that time. Except as otherwise provided in
9this Article, any property or proceeds subsequently
10transferred to any person remain subject to forfeiture and
11thereafter shall be ordered forfeited. A claimant who acquired,
12as a transferee, an ownership interest in property that is the
13subject of forfeiture proceedings under this Article after the
14commission of the underlying violation of law giving rise to
15forfeiture under this Article, shall be barred from asserting
16that his or her interest in the property is exempt from
17forfeiture under subsection (c) of Section 36-3 of this
18Article, unless the claimant shows by a preponderance of the
19evidence that he or she acquired the interest as a mortgagee,
20secured creditor, lienholder, or bona fide purchaser, without
21knowledge of the seizure of the property and without notice of
22any defect in title.
23 (l) A civil action under this Article must be commenced
24within 5 years after the last conduct giving rise to forfeiture
25became known or should have become known or 5 years after the
26forfeitable property is discovered, whichever is later,

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1excluding any time during which either the property or claimant
2is out of the State or in confinement or during which criminal
3proceedings relating to the same conduct are in progress.
4 (m) A claimant is not jointly and severally liable for
5forfeiture awards owed by other claimants. If ownership is
6unclear, a court may order each claimant to forfeit property on
7a pro rata basis or by another means the court finds equitable.
8 (720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
9 Sec. 36-3. Exemptions from Exceptions to forfeiture.
10 (a) No vessel or watercraft, vehicle, or aircraft used by
11any person as a common carrier in the transaction of business
12as such common carrier may be forfeited under the provisions of
13Section 36-2 of this Article unless the State proves by clear
14and convincing evidence it appears that (1) in the case of a
15railway car or engine, the owner, or (2) in the case of any
16other such vessel or watercraft, vehicle or aircraft, the owner
17or the master of such vessel or watercraft or the owner or
18conductor, driver, pilot, or other person in charge of such
19vehicle or aircraft was at the time of the alleged illegal act
20a consenting party or privy thereto.
21 (b) No vessel or watercraft, vehicle, or aircraft shall be
22forfeited under the provisions of Section 36-2 of this Article
23by reason of any act or omission established by the owner
24thereof to have been committed or omitted by any person other
25than such owner while such vessel or watercraft, vehicle, or

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1aircraft was unlawfully in the possession of a person who
2acquired possession thereof in violation of the criminal laws
3of the United States, or of any state.
4 (c) Notwithstanding any provision of law to the contrary,
5the property of an innocent owner shall not be forfeited under
6this Article. Except as otherwise provided in subsection (k) of
7Section 36-2.1 of this Article, no property interest shall be
8subject to forfeiture under this Article unless the State
9proves by clear and convincing evidence that the violation of
10law giving rise to forfeiture under Section 36-1 of this
11Article was committed with the knowledge and consent of the
12owner.
13 (d) Homesteaded real property, a motor vehicle of less than
14$10,000 in market value, or United States currency totaling
15$200 or less is not subject to forfeiture under this Article.
16(Source: P.A. 98-699, eff. 1-1-15.)
17 (720 ILCS 5/36-3.1 new)
18 Sec. 36-3.1. Proportionality hearing.
19 (a) If property has been declared forfeited under Section
2036-2.1 of this Article, a claimant may, within 30 days of the
21effective date of the judgment of forfeiture, petition the
22court that the forfeiture is grossly disproportional to the
23seriousness of the offense. The claimant shall bear the burden
24of persuasion by a preponderance of the evidence at a hearing
25conducted by the court without a jury. In determining whether

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1the forfeiture is excessive, the court may consider all
2relevant factors, including, but not limited to:
3 (1) the seriousness of the offense and its impact on
4 the community, including the duration of the activity and
5 the harm caused by the claimant;
6 (2) the extent to which the claimant participated in
7 the offense;
8 (3) the extent to which the property was used in
9 committing the offense;
10 (4) the sentence imposed for committing the crime
11 subject to forfeiture; and
12 (5) whether the offense was completed or attempted.
13 (b) In determining the value of the property subject to
14forfeiture, the court may consider all relevant factors,
15including, but not limited to:
16 (1) the fair market value of the property;
17 (2) the value of the property to the claimant,
18 including hardship to the claimant if the forfeiture is
19 realized; and
20 (3) the hardship from the loss of the property to the
21 claimant's family members or others if the property is
22 forfeited.
23 (c) The court may not consider the monetary value of the
24property to the State in determining whether the forfeiture of
25property is disproportional to the seriousness of the offense.
26 (d) If the claimant prevails in a proportionality hearing

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1under this Section, the court may:
2 (1) order the property returned or conveyed to the
3 claimant; or
4 (2) order that the property be sold and the proceeds
5 divided between the claimant and the State in a manner as
6 the court deems just and equitable.
7 (720 ILCS 5/36-3.2 new)
8 Sec. 36-3.2. Forfeiture to spouse or family member. If the
9spouse of the owner of a vehicle seized for an offense
10described in subsection (g) of Section 6-303 of the Illinois
11Vehicle Code, a violation of subparagraph (A), (D), (G), (H),
12or (I) of paragraph (1) of subsection (d) of Section 11-501 of
13the Illinois Vehicle Code, or Section 9-3 of this Code makes a
14showing that the seized vehicle is the only source of
15transportation and it is determined that the financial hardship
16to the family as a result of the seizure outweighs the benefit
17to the State from the seizure, the vehicle may be forfeited to
18the spouse or family member and the title to the vehicle shall
19be transferred to the spouse or family member who is properly
20licensed and who requires the use of the vehicle for employment
21or family transportation purposes. A written declaration of
22forfeiture of a vehicle under this Section shall be sufficient
23cause for the title to be transferred to the spouse or family
24member. This Section applies only to one forfeiture per
25vehicle. If the vehicle is the subject of a subsequent

SB1578- 123 -LRB100 04747 SLF 14754 b
1forfeiture proceeding by virtue of a subsequent conviction of
2either spouse or the family member, the spouse or family member
3to whom the vehicle was forfeited under the first forfeiture
4proceeding may not utilize this Section in another forfeiture
5proceeding. If the owner of the vehicle seized owns more than
6one vehicle, the procedure set out in this Section may be used
7for only one vehicle.
8 (720 ILCS 5/36-6 new)
9 Sec. 36-6. Return of property; damages and costs.
10 (a) The law enforcement agency that holds custody of
11property seized for forfeiture shall return to the claimant,
12within a reasonable period of time not to exceed 5 days after
13the court orders the property to be returned or conveyed to the
14claimant:
15 (1) property ordered by the court to be conveyed or
16 returned to the claimant under subsection (h) of Section
17 36-2.1 of this Article; and
18 (2) property ordered by the court to be conveyed or
19 returned to the claimant under subsection (d) of Section
20 36-3.1 of this Article.
21 (b) The law enforcement agency that holds custody of
22property seized under this Article is responsible for any
23damages, storage fees, and related costs applicable to property
24returned to a claimant under this Article. The claimant shall
25not be subject to any charges by the State for storage of the

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1property or expenses incurred in the preservation of the
2property.
3 (720 ILCS 5/36-7 new)
4 Sec. 36-7. Abandoned property. Abandoned property shall be
5delivered to the Department of State Police within 30 days. For
6purposes of this Section, "abandoned property" means personal
7property left by an owner who intentionally relinquishes all
8rights to its control. Real property may not be abandoned.
9 (720 ILCS 5/36-8 new)
10 Sec. 36-8. Distribution of proceeds; selling or retaining
11seized property prohibited.
12 (a) Except as otherwise provided in this Section, the court
13shall order that property forfeited under this Article be
14delivered to the Department of State Police within 30 days.
15 (b) Upon motion, the court may order that a portion of the
16currency seized or proceeds from public auction be used to pay
17reasonable non-personnel expenses of the seizure, storage, and
18maintenance of custody of any forfeited items.
19 (c) The Department of State Police or its designee shall
20dispose of all forfeited and abandoned conveyances at public
21auction. The auction proceeds shall first be used to pay all
22outstanding recorded liens on the conveyance, then to comply
23with an order of the court to pay reasonable non-personnel
24expenses, with all remaining funds to be deposited into the

SB1578- 125 -LRB100 04747 SLF 14754 b
1Asset Forfeiture Proceeds Fund.
2 (d) A law enforcement agency shall not retain a forfeited
3or abandoned conveyance for its own use or transfer the
4conveyance to any employee of the agency, to a person related
5to an employee by blood or marriage, or to another law
6enforcement agency.
7 (720 ILCS 5/36-9 new)
8 Sec. 36-9. Reporting. Property seized or forfeited under
9this Article is subject to reporting under the Seizure and
10Forfeiture Reporting Act.
11 (720 ILCS 5/47-15)
12 Sec. 47-15. Dumping garbage upon real property.
13 (a) It is unlawful for a person to dump, deposit, or place
14garbage, rubbish, trash, or refuse upon real property not owned
15by that person without the consent of the owner or person in
16possession of the real property.
17 (b) A person who violates this Section is liable to the
18owner or person in possession of the real property on which the
19garbage, rubbish, trash, or refuse is dumped, deposited, or
20placed for the reasonable costs incurred by the owner or person
21in possession for cleaning up and properly disposing of the
22garbage, rubbish, trash, or refuse, and for reasonable
23attorneys' fees.
24 (c) A person violating this Section is guilty of a Class B

SB1578- 126 -LRB100 04747 SLF 14754 b
1misdemeanor for which the court must impose a minimum fine of
2$500. A second conviction for an offense committed after the
3first conviction is a Class A misdemeanor for which the court
4must impose a minimum fine of $500. A third or subsequent
5violation, committed after a second conviction, is a Class 4
6felony for which the court must impose a minimum fine of $500.
7A person who violates this Section and who has an equity
8interest in a motor vehicle used in violation of this Section
9is presumed to have the financial resources to pay the minimum
10fine not exceeding his or her equity interest in the vehicle.
11Personal property used by a person in violation of this Section
12shall on the third or subsequent conviction of the person be
13forfeited to the State county where the violation occurred and
14disposed of at a public sale. Before the forfeiture, the court
15shall conduct a hearing to determine whether property is
16subject to forfeiture under this Section. At the forfeiture
17hearing the State has the burden of establishing by a
18preponderance of the evidence that property is subject to
19forfeiture under this Section. Proceeds from the sale of
20property forfeited under this Section shall be deposited into
21the Asset Forfeiture Proceeds Fund. Property seized or
22forfeited under this Section is subject to reporting under the
23Seizure and Forfeiture Reporting Act.
24 (d) The statutory minimum fine required by subsection (c)
25is not subject to reduction or suspension unless the defendant
26is indigent. If the defendant files a motion with the court

SB1578- 127 -LRB100 04747 SLF 14754 b
1asserting his or her inability to pay the mandatory fine
2required by this Section, the court must set a hearing on the
3motion before sentencing. The court must require an affidavit
4signed by the defendant containing sufficient information to
5ascertain the assets and liabilities of the defendant. If the
6court determines that the defendant is indigent, the court must
7require that the defendant choose either to pay the minimum
8fine of $500 or to perform 100 hours of community service.
9(Source: P.A. 90-655, eff. 7-30-98; 91-409, eff. 1-1-00.)
10 (720 ILCS 5/36-1a rep.)
11 (720 ILCS 5/36-5 rep.)
12 Section 185. The Criminal Code of 2012 is amended by
13repealing Sections 36-1a and 36-5.
14 Section 190. The Cannabis Control Act is amended by
15changing Section 12 as follows:
16 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
17 Sec. 12. (a) The following are subject to forfeiture:
18 (1) (blank); all substances containing cannabis which
19 have been produced, manufactured, delivered, or possessed
20 in violation of this Act;
21 (2) all raw materials, products and equipment of any
22 kind which are produced, delivered, or possessed in
23 connection with any substance containing cannabis in a

SB1578- 128 -LRB100 04747 SLF 14754 b
1 felony violation of Section 5, 5.1, 8, or 9 of this Act;
2 (3) all conveyances, including aircraft, vehicles or
3 vessels, which are used, or intended for use, to transport,
4 or in any manner to facilitate the transportation, sale,
5 receipt, possession, or concealment of any substance
6 containing cannabis or property described in paragraph (1)
7 or (2) of this subsection (a) that constitutes a felony
8 violation of Section 5, 5.1, 8, or 9 of this the Act, but:
9 (i) no conveyance used by any person as a common
10 carrier in the transaction of business as a common
11 carrier is subject to forfeiture under this Section
12 unless it appears that the owner or other person in
13 charge of the conveyance is a consenting party or privy
14 to the a violation of this Act;
15 (ii) no conveyance is subject to forfeiture under
16 this Section by reason of any act or omission which the
17 owner proves to have been committed or omitted without
18 his knowledge or consent;
19 (iii) a forfeiture of a conveyance encumbered by a
20 bona fide security interest is subject to the interest
21 of the secured party if he neither had knowledge of nor
22 consented to the act or omission;
23 (4) all money, things of value, books, records, and
24 research products and materials including formulas,
25 microfilm, tapes, and data which are used, or intended for
26 use in a felony violation of Section 5, 5.1, 8, or 9 of

SB1578- 129 -LRB100 04747 SLF 14754 b
1 this Act;
2 (5) everything of value furnished or intended to be
3 furnished by any person in exchange for a substance in a
4 felony violation of Section 5, 5.1, 8, or 9 of this Act,
5 all proceeds traceable to such an exchange, and all moneys,
6 negotiable instruments, and securities used, or intended
7 to be used, to commit or in any manner to facilitate any
8 felony violation of Section 5, 5.1, 8, or 9 of this Act;
9 (6) all real property, including any right, title, and
10 interest including, but not limited to, any leasehold
11 interest or the beneficial interest to a land trust, in the
12 whole of any lot or tract of land and any appurtenances or
13 improvements, that is used or intended to be used to
14 facilitate the manufacture, distribution, sale, receipt,
15 or concealment of any substance containing cannabis or
16 property described in paragraph (1) or (2) of this
17 subsection (a) that constitutes a felony violation of
18 Section 5, 5.1, 8, or 9 of this Act which involves more
19 than 2,000 grams of a substance containing cannabis or that
20 is the proceeds of any felony violation of Section 5, 5.1,
21 8, or 9 of this Act.
22 (b) Property subject to forfeiture under this Act may be
23seized under the Drug Asset Forfeiture Procedure Act. by the
24Director or any peace officer upon process or seizure warrant
25issued by any court having jurisdiction over the property.
26Seizure by the Director or any peace officer without process

SB1578- 130 -LRB100 04747 SLF 14754 b
1may be made:
2 (1) if the property subject to seizure has been the
3 subject of a prior judgment in favor of the State in a
4 criminal proceeding or in an injunction or forfeiture
5 proceeding based upon this Act or the Drug Asset Forfeiture
6 Procedure Act;
7 (2) if there is probable cause to believe that the
8 property is directly or indirectly dangerous to health or
9 safety;
10 (3) if there is probable cause to believe that the
11 property is subject to forfeiture under this Act and the
12 property is seized under circumstances in which a
13 warrantless seizure or arrest would be reasonable; or
14 (4) in accordance with the Code of Criminal Procedure
15 of 1963.
16 (Blank). (c) In the event of seizure pursuant to subsection
17(b), notice shall be given forthwith to all known interest
18holders that forfeiture proceedings, including a preliminary
19review, shall be instituted in accordance with the Drug Asset
20Forfeiture Procedure Act and such proceedings shall thereafter
21be instituted in accordance with that Act. Upon a showing of
22good cause, the notice required for a preliminary review under
23this Section may be postponed.
24 (c-1) In the event the State's Attorney is of the opinion
25that real property is subject to forfeiture under this Act,
26forfeiture proceedings shall be instituted in accordance with

SB1578- 131 -LRB100 04747 SLF 14754 b
1the Drug Asset Forfeiture Procedure Act. The exemptions from
2forfeiture provisions of Section 8 of the Drug Asset Forfeiture
3Procedure Act are applicable.
4 (d) (Blank). Property taken or detained under this Section
5shall not be subject to replevin, but is deemed to be in the
6custody of the Director subject only to the order and judgments
7of the circuit court having jurisdiction over the forfeiture
8proceedings and the decisions of the State's Attorney under the
9Drug Asset Forfeiture Procedure Act. When property is seized
10under this Act, the seizing agency shall promptly conduct an
11inventory of the seized property, estimate the property's
12value, and shall forward a copy of the inventory of seized
13property and the estimate of the property's value to the
14Director. Upon receiving notice of seizure, the Director may:
15 (1) place the property under seal;
16 (2) remove the property to a place designated by him;
17 (3) keep the property in the possession of the seizing
18 agency;
19 (4) remove the property to a storage area for
20 safekeeping or, if the property is a negotiable instrument
21 or money and is not needed for evidentiary purposes,
22 deposit it in an interest bearing account;
23 (5) place the property under constructive seizure by
24 posting notice of pending forfeiture on it, by giving
25 notice of pending forfeiture to its owners and interest
26 holders, or by filing notice of pending forfeiture in any

SB1578- 132 -LRB100 04747 SLF 14754 b
1 appropriate public record relating to the property; or
2 (6) provide for another agency or custodian, including
3 an owner, secured party, or lienholder, to take custody of
4 the property upon the terms and conditions set by the
5 Director.
6 (e) (Blank). No disposition may be made of property under
7seal until the time for taking an appeal has elapsed or until
8all appeals have been concluded unless a court, upon
9application therefor, orders the sale of perishable substances
10and the deposit of the proceeds of the sale with the court.
11 (f) (Blank). When property is forfeited under this Act the
12Director shall sell all such property unless such property is
13required by law to be destroyed or is harmful to the public,
14and shall distribute the proceeds of the sale, together with
15any moneys forfeited or seized, in accordance with subsection
16(g). However, upon the application of the seizing agency or
17prosecutor who was responsible for the investigation, arrest or
18arrests and prosecution which lead to the forfeiture, the
19Director may return any item of forfeited property to the
20seizing agency or prosecutor for official use in the
21enforcement of laws relating to cannabis or controlled
22substances, if the agency or prosecutor can demonstrate that
23the item requested would be useful to the agency or prosecutor
24in their enforcement efforts. When any forfeited conveyance,
25including an aircraft, vehicle, or vessel, is returned to the
26seizing agency or prosecutor, the conveyance may be used

SB1578- 133 -LRB100 04747 SLF 14754 b
1immediately in the enforcement of the criminal laws of this
2State. Upon disposal, all proceeds from the sale of the
3conveyance must be used for drug enforcement purposes. When any
4real property returned to the seizing agency is sold by the
5agency or its unit of government, the proceeds of the sale
6shall be delivered to the Director and distributed in
7accordance with subsection (g).
8 (g) (Blank). All monies and the sale proceeds of all other
9property forfeited and seized under this Act shall be
10distributed as follows:
11 (1)(i) 65% shall be distributed to the metropolitan
12 enforcement group, local, municipal, county, or state law
13 enforcement agency or agencies which conducted or
14 participated in the investigation resulting in the
15 forfeiture. The distribution shall bear a reasonable
16 relationship to the degree of direct participation of the
17 law enforcement agency in the effort resulting in the
18 forfeiture, taking into account the total value of the
19 property forfeited and the total law enforcement effort
20 with respect to the violation of the law upon which the
21 forfeiture is based. Amounts distributed to the agency or
22 agencies shall be used for the enforcement of laws
23 governing cannabis and controlled substances; for public
24 education in the community or schools in the prevention or
25 detection of the abuse of drugs or alcohol; or for security
26 cameras used for the prevention or detection of violence,

SB1578- 134 -LRB100 04747 SLF 14754 b
1 except that amounts distributed to the Secretary of State
2 shall be deposited into the Secretary of State Evidence
3 Fund to be used as provided in Section 2-115 of the
4 Illinois Vehicle Code.
5 (ii) Any local, municipal, or county law enforcement
6 agency entitled to receive a monetary distribution of
7 forfeiture proceeds may share those forfeiture proceeds
8 pursuant to the terms of an intergovernmental agreement
9 with a municipality that has a population in excess of
10 20,000 if:
11 (I) the receiving agency has entered into an
12 intergovernmental agreement with the municipality to
13 provide police services;
14 (II) the intergovernmental agreement for police
15 services provides for consideration in an amount of not
16 less than $1,000,000 per year;
17 (III) the seizure took place within the
18 geographical limits of the municipality; and
19 (IV) the funds are used only for the enforcement of
20 laws governing cannabis and controlled substances; for
21 public education in the community or schools in the
22 prevention or detection of the abuse of drugs or
23 alcohol; or for security cameras used for the
24 prevention or detection of violence or the
25 establishment of a municipal police force, including
26 the training of officers, construction of a police

SB1578- 135 -LRB100 04747 SLF 14754 b
1 station, the purchase of law enforcement equipment, or
2 vehicles.
3 (2)(i) 12.5% shall be distributed to the Office of the
4 State's Attorney of the county in which the prosecution
5 resulting in the forfeiture was instituted, deposited in a
6 special fund in the county treasury and appropriated to the
7 State's Attorney for use in the enforcement of laws
8 governing cannabis and controlled substances; for public
9 education in the community or schools in the prevention or
10 detection of the abuse of drugs or alcohol; or at the
11 discretion of the State's Attorney, in addition to other
12 authorized purposes, to make grants to local substance
13 abuse treatment facilities and half-way houses. In
14 counties over 3,000,000 population, 25% will be
15 distributed to the Office of the State's Attorney for use
16 in the enforcement of laws governing cannabis and
17 controlled substances; for public education in the
18 community or schools in the prevention or detection of the
19 abuse of drugs or alcohol; or at the discretion of the
20 State's Attorney, in addition to other authorized
21 purposes, to make grants to local substance abuse treatment
22 facilities and half-way houses. If the prosecution is
23 undertaken solely by the Attorney General, the portion
24 provided hereunder shall be distributed to the Attorney
25 General for use in the enforcement of laws governing
26 cannabis and controlled substances.

SB1578- 136 -LRB100 04747 SLF 14754 b
1 (ii) 12.5% shall be distributed to the Office of the
2 State's Attorneys Appellate Prosecutor and deposited in
3 the Narcotics Profit Forfeiture Fund of that Office to be
4 used for additional expenses incurred in the
5 investigation, prosecution and appeal of cases arising
6 under laws governing cannabis and controlled substances or
7 for public education in the community or schools in the
8 prevention or detection of the abuse of drugs or alcohol.
9 The Office of the State's Attorneys Appellate Prosecutor
10 shall not receive distribution from cases brought in
11 counties with over 3,000,000 population.
12 (3) 10% shall be retained by the Department of State
13 Police for expenses related to the administration and sale
14 of seized and forfeited property.
15 (h) Contraband, including cannabis possessed without
16authorization under State or federal law, is not subject to
17forfeiture. No property right exists in contraband. Contraband
18is subject to seizure and shall be disposed of according to
19State law.
20(Source: P.A. 99-686, eff. 7-29-16.)
21 Section 195. The Illinois Controlled Substances Act is
22amended by changing Section 505 as follows:
23 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
24 Sec. 505. (a) The following are subject to forfeiture:

SB1578- 137 -LRB100 04747 SLF 14754 b
1 (1) (blank); all substances which have been
2 manufactured, distributed, dispensed, or possessed in
3 violation of this Act;
4 (2) all raw materials, products and equipment of any
5 kind which are used, or intended for use in manufacturing,
6 distributing, dispensing, administering or possessing any
7 substance in violation of this Act;
8 (3) all conveyances, including aircraft, vehicles or
9 vessels, which are used, or intended for use, to transport,
10 or in any manner to facilitate the transportation, sale,
11 receipt, possession, or concealment of substances
12 manufactured, distributed, dispensed, administered, or
13 possessed in violation of Section 401, 401.1, 405, 405.1,
14 or 405.2 of this Act, or property described in paragraph
15 paragraphs (1) and (2) of this subsection (a), but:
16 (i) no conveyance used by any person as a common
17 carrier in the transaction of business as a common
18 carrier is subject to forfeiture under this Section
19 unless it appears that the owner or other person in
20 charge of the conveyance is a consenting party or privy
21 to the a violation of this Act;
22 (ii) no conveyance is subject to forfeiture under
23 this Section by reason of any act or omission which the
24 owner proves to have been committed or omitted without
25 his or her knowledge or consent;
26 (iii) a forfeiture of a conveyance encumbered by a

SB1578- 138 -LRB100 04747 SLF 14754 b
1 bona fide security interest is subject to the interest
2 of the secured party if he or she neither had knowledge
3 of nor consented to the act or omission;
4 (4) all money, things of value, books, records, and
5 research products and materials including formulas,
6 microfilm, tapes, and data which are used, or intended to
7 be used in violation of Section 401, 401.1, 405, 405.1, or
8 405.2 of this Act;
9 (5) everything of value furnished, or intended to be
10 furnished, in exchange for a substance in violation of
11 Section 401, 401.1, 405, 405.1, or 405.2 of this Act, all
12 proceeds traceable to such an exchange, and all moneys,
13 negotiable instruments, and securities used, or intended
14 to be used, to commit or in any manner to facilitate any
15 violation of Section 401, 401.1, 405, 405.1, or 405.2 of
16 this Act;
17 (6) all real property, including any right, title, and
18 interest (including, but not limited to, any leasehold
19 interest or the beneficial interest in a land trust) in the
20 whole of any lot or tract of land and any appurtenances or
21 improvements, which is used or intended to be used, in any
22 manner or part, to commit, or in any manner to facilitate
23 the commission of, any violation or act that constitutes a
24 violation of Section 401 or 405 of this Act or that is the
25 proceeds of any violation or act that constitutes a
26 violation of Section 401 or 405 of this Act.

SB1578- 139 -LRB100 04747 SLF 14754 b
1 (b) Property subject to forfeiture under this Act may be
2seized under the Drug Asset Forfeiture Procedure Act. by the
3Director or any peace officer upon process or seizure warrant
4issued by any court having jurisdiction over the property.
5Seizure by the Director or any peace officer without process
6may be made:
7 (1) if the seizure is incident to inspection under an
8 administrative inspection warrant;
9 (2) if the property subject to seizure has been the
10 subject of a prior judgment in favor of the State in a
11 criminal proceeding, or in an injunction or forfeiture
12 proceeding based upon this Act or the Drug Asset Forfeiture
13 Procedure Act;
14 (3) if there is probable cause to believe that the
15 property is directly or indirectly dangerous to health or
16 safety;
17 (4) if there is probable cause to believe that the
18 property is subject to forfeiture under this Act and the
19 property is seized under circumstances in which a
20 warrantless seizure or arrest would be reasonable; or
21 (5) in accordance with the Code of Criminal Procedure
22 of 1963.
23 (c) (Blank). In the event of seizure pursuant to subsection
24(b), notice shall be given forthwith to all known interest
25holders that forfeiture proceedings, including a preliminary
26review, shall be instituted in accordance with the Drug Asset

SB1578- 140 -LRB100 04747 SLF 14754 b
1Forfeiture Procedure Act and such proceedings shall thereafter
2be instituted in accordance with that Act. Upon a showing of
3good cause, the notice required for a preliminary review under
4this Section may be postponed.
5 (d) (Blank). Property taken or detained under this Section
6shall not be subject to replevin, but is deemed to be in the
7custody of the Director subject only to the order and judgments
8of the circuit court having jurisdiction over the forfeiture
9proceedings and the decisions of the State's Attorney under the
10Drug Asset Forfeiture Procedure Act. When property is seized
11under this Act, the seizing agency shall promptly conduct an
12inventory of the seized property and estimate the property's
13value, and shall forward a copy of the inventory of seized
14property and the estimate of the property's value to the
15Director. Upon receiving notice of seizure, the Director may:
16 (1) place the property under seal;
17 (2) remove the property to a place designated by the
18 Director;
19 (3) keep the property in the possession of the seizing
20 agency;
21 (4) remove the property to a storage area for
22 safekeeping or, if the property is a negotiable instrument
23 or money and is not needed for evidentiary purposes,
24 deposit it in an interest bearing account;
25 (5) place the property under constructive seizure by
26 posting notice of pending forfeiture on it, by giving

SB1578- 141 -LRB100 04747 SLF 14754 b
1 notice of pending forfeiture to its owners and interest
2 holders, or by filing notice of pending forfeiture in any
3 appropriate public record relating to the property; or
4 (6) provide for another agency or custodian, including
5 an owner, secured party, or lienholder, to take custody of
6 the property upon the terms and conditions set by the
7 Director.
8 (e) If the Department of Financial and Professional
9Regulation suspends or revokes a registration, all controlled
10substances owned or possessed by the registrant at the time of
11suspension or the effective date of the revocation order may be
12placed under seal by the Director. No disposition may be made
13of substances under seal until the time for taking an appeal
14has elapsed or until all appeals have been concluded unless a
15court, upon application therefor, orders the sale of perishable
16substances and the deposit of the proceeds of the sale with the
17court. Upon a suspension or revocation order becoming final,
18all substances may be subject to seizure or forfeiture under
19the Drug Asset Forfeiture Procedure Act. forfeited to the
20Illinois State Police.
21 (f) (Blank). When property is forfeited under this Act the
22Director shall sell all such property unless such property is
23required by law to be destroyed or is harmful to the public,
24and shall distribute the proceeds of the sale, together with
25any moneys forfeited or seized, in accordance with subsection
26(g). However, upon the application of the seizing agency or

SB1578- 142 -LRB100 04747 SLF 14754 b
1prosecutor who was responsible for the investigation, arrest or
2arrests and prosecution which lead to the forfeiture, the
3Director may return any item of forfeited property to the
4seizing agency or prosecutor for official use in the
5enforcement of laws relating to cannabis or controlled
6substances, if the agency or prosecutor can demonstrate that
7the item requested would be useful to the agency or prosecutor
8in their enforcement efforts. When any forfeited conveyance,
9including an aircraft, vehicle, or vessel, is returned to the
10seizing agency or prosecutor, the conveyance may be used
11immediately in the enforcement of the criminal laws of this
12State. Upon disposal, all proceeds from the sale of the
13conveyance must be used for drug enforcement purposes. When any
14real property returned to the seizing agency is sold by the
15agency or its unit of government, the proceeds of the sale
16shall be delivered to the Director and distributed in
17accordance with subsection (g).
18 (g) (Blank). All monies and the sale proceeds of all other
19property forfeited and seized under this Act shall be
20distributed as follows:
21 (1)(i) 65% shall be distributed to the metropolitan
22 enforcement group, local, municipal, county, or state law
23 enforcement agency or agencies which conducted or
24 participated in the investigation resulting in the
25 forfeiture. The distribution shall bear a reasonable
26 relationship to the degree of direct participation of the

SB1578- 143 -LRB100 04747 SLF 14754 b
1 law enforcement agency in the effort resulting in the
2 forfeiture, taking into account the total value of the
3 property forfeited and the total law enforcement effort
4 with respect to the violation of the law upon which the
5 forfeiture is based. Amounts distributed to the agency or
6 agencies shall be used for the enforcement of laws
7 governing cannabis and controlled substances; for public
8 education in the community or schools in the prevention or
9 detection of the abuse of drugs or alcohol; or for security
10 cameras used for the prevention or detection of violence,
11 except that amounts distributed to the Secretary of State
12 shall be deposited into the Secretary of State Evidence
13 Fund to be used as provided in Section 2-115 of the
14 Illinois Vehicle Code.
15 (ii) Any local, municipal, or county law enforcement
16 agency entitled to receive a monetary distribution of
17 forfeiture proceeds may share those forfeiture proceeds
18 pursuant to the terms of an intergovernmental agreement
19 with a municipality that has a population in excess of
20 20,000 if:
21 (I) the receiving agency has entered into an
22 intergovernmental agreement with the municipality to
23 provide police services;
24 (II) the intergovernmental agreement for police
25 services provides for consideration in an amount of not
26 less than $1,000,000 per year;

SB1578- 144 -LRB100 04747 SLF 14754 b
1 (III) the seizure took place within the
2 geographical limits of the municipality; and
3 (IV) the funds are used only for the enforcement of
4 laws governing cannabis and controlled substances; for
5 public education in the community or schools in the
6 prevention or detection of the abuse of drugs or
7 alcohol; or for security cameras used for the
8 prevention or detection of violence or the
9 establishment of a municipal police force, including
10 the training of officers, construction of a police
11 station, the purchase of law enforcement equipment, or
12 vehicles.
13 (2)(i) 12.5% shall be distributed to the Office of the
14 State's Attorney of the county in which the prosecution
15 resulting in the forfeiture was instituted, deposited in a
16 special fund in the county treasury and appropriated to the
17 State's Attorney for use in the enforcement of laws
18 governing cannabis and controlled substances; for public
19 education in the community or schools in the prevention or
20 detection of the abuse of drugs or alcohol; or at the
21 discretion of the State's Attorney, in addition to other
22 authorized purposes, to make grants to local substance
23 abuse treatment facilities and half-way houses. In
24 counties over 3,000,000 population, 25% will be
25 distributed to the Office of the State's Attorney for use
26 in the enforcement of laws governing cannabis and

SB1578- 145 -LRB100 04747 SLF 14754 b
1 controlled substances; for public education in the
2 community or schools in the prevention or detection of the
3 abuse of drugs or alcohol; or at the discretion of the
4 State's Attorney, in addition to other authorized
5 purposes, to make grants to local substance abuse treatment
6 facilities and half-way houses. If the prosecution is
7 undertaken solely by the Attorney General, the portion
8 provided hereunder shall be distributed to the Attorney
9 General for use in the enforcement of laws governing
10 cannabis and controlled substances or for public education
11 in the community or schools in the prevention or detection
12 of the abuse of drugs or alcohol.
13 (ii) 12.5% shall be distributed to the Office of the
14 State's Attorneys Appellate Prosecutor and deposited in
15 the Narcotics Profit Forfeiture Fund of that office to be
16 used for additional expenses incurred in the
17 investigation, prosecution and appeal of cases arising
18 under laws governing cannabis and controlled substances or
19 for public education in the community or schools in the
20 prevention or detection of the abuse of drugs or alcohol.
21 The Office of the State's Attorneys Appellate Prosecutor
22 shall not receive distribution from cases brought in
23 counties with over 3,000,000 population.
24 (3) 10% shall be retained by the Department of State
25 Police for expenses related to the administration and sale
26 of seized and forfeited property.

SB1578- 146 -LRB100 04747 SLF 14754 b
1 (h) (Blank). Species of plants from which controlled
2substances in Schedules I and II may be derived which have been
3planted or cultivated in violation of this Act, or of which the
4owners or cultivators are unknown, or which are wild growths,
5may be seized and summarily forfeited to the State. The
6failure, upon demand by the Director or any peace officer, of
7the person in occupancy or in control of land or premises upon
8which the species of plants are growing or being stored, to
9produce registration, or proof that he or she is the holder
10thereof, constitutes authority for the seizure and forfeiture
11of the plants.
12 (i) Contraband, including controlled substances possessed
13without authorization under State or federal law, is not
14subject to forfeiture. No property right exists in contraband.
15Contraband is subject to seizure and shall be disposed of
16according to State law.
17(Source: P.A. 99-686, eff. 7-29-16.)
18 Section 200. The Methamphetamine Control and Community
19Protection Act is amended by changing Section 85 as follows:
20 (720 ILCS 646/85)
21 Sec. 85. Forfeiture.
22 (a) The following are subject to forfeiture:
23 (1) (blank); all substances containing methamphetamine
24 which have been produced, manufactured, delivered, or

SB1578- 147 -LRB100 04747 SLF 14754 b
1 possessed in violation of this Act;
2 (2) all methamphetamine manufacturing materials which
3 have been produced, delivered, or possessed in connection
4 with any substance containing methamphetamine in violation
5 of Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of
6 this Act;
7 (3) all conveyances, including aircraft, vehicles or
8 vessels, which are used, or intended for use, to transport,
9 or in any manner to facilitate the transportation, sale,
10 receipt, possession, or concealment of any substance
11 containing methamphetamine or property described in
12 paragraph (1) or (2) of this subsection (a) that
13 constitutes a felony violation of Section 15, 20, 25, 30,
14 35, 40, 45, 50, 55, 56, or 65 of this the Act, but:
15 (i) no conveyance used by any person as a common
16 carrier in the transaction of business as a common
17 carrier is subject to forfeiture under this Section
18 unless it appears that the owner or other person in
19 charge of the conveyance is a consenting party or privy
20 to the a violation of this Act;
21 (ii) no conveyance is subject to forfeiture under
22 this Section by reason of any act or omission which the
23 owner proves to have been committed or omitted without
24 his or her knowledge or consent;
25 (iii) a forfeiture of a conveyance encumbered by a
26 bona fide security interest is subject to the interest

SB1578- 148 -LRB100 04747 SLF 14754 b
1 of the secured party if he or she neither had knowledge
2 of nor consented to the act or omission;
3 (4) all money, things of value, books, records, and
4 research products and materials including formulas,
5 microfilm, tapes, and data which are used, or intended for
6 use in a felony violation of Section 15, 20, 25, 30, 35,
7 40, 45, 50, 55, 56, or 65 of this Act;
8 (5) everything of value furnished or intended to be
9 furnished by any person in exchange for a substance in
10 violation of Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
11 56, or 65 of this Act, all proceeds traceable to such an
12 exchange, and all moneys, negotiable instruments, and
13 securities used, or intended to be used, to commit or in
14 any manner to facilitate any felony violation of Section
15 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of this Act.
16 (6) all real property, including any right, title, and
17 interest (including, but not limited to, any leasehold
18 interest or the beneficial interest in a land trust) in the
19 whole of any lot or tract of land and any appurtenances or
20 improvements, which is used, or intended to be used, in any
21 manner or part, to commit, or in any manner to facilitate
22 the commission of, any violation or act that constitutes a
23 violation of Section 15, 20, 25, 30, 35, 40, 45, 50, 55,
24 56, or 65 of this Act or that is the proceeds of any
25 violation or act that constitutes a violation of Section
26 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of this Act.

SB1578- 149 -LRB100 04747 SLF 14754 b
1 (b) Property subject to forfeiture under this Act may be
2seized under the Drug Asset Forfeiture Procedure Act. by the
3Director or any peace officer upon process or seizure warrant
4issued by any court having jurisdiction over the property.
5Seizure by the Director or any peace officer without process
6may be made:
7 (1) if the property subject to seizure has been the
8 subject of a prior judgment in favor of the State in a
9 criminal proceeding or in an injunction or forfeiture
10 proceeding based upon this Act or the Drug Asset Forfeiture
11 Procedure Act;
12 (2) if there is probable cause to believe that the
13 property is directly or indirectly dangerous to health or
14 safety;
15 (3) if there is probable cause to believe that the
16 property is subject to forfeiture under this Act and the
17 property is seized under circumstances in which a
18 warrantless seizure or arrest would be reasonable; or
19 (4) in accordance with the Code of Criminal Procedure
20 of 1963.
21 (c) (Blank). In the event of seizure pursuant to subsection
22(b), notice shall be given forthwith to all known interest
23holders that forfeiture proceedings, including a preliminary
24review, shall be instituted in accordance with the Drug Asset
25Forfeiture Procedure Act and such proceedings shall thereafter
26be instituted in accordance with that Act. Upon a showing of

SB1578- 150 -LRB100 04747 SLF 14754 b
1good cause, the notice required for a preliminary review under
2this Section may be postponed.
3 (d) (Blank). Property taken or detained under this Section
4is not subject to replevin, but is deemed to be in the custody
5of the Director subject only to the order and judgments of the
6circuit court having jurisdiction over the forfeiture
7proceedings and the decisions of the State's Attorney under the
8Drug Asset Forfeiture Procedure Act. When property is seized
9under this Act, the seizing agency shall promptly conduct an
10inventory of the seized property, estimate the property's
11value, and forward a copy of the inventory of seized property
12and the estimate of the property's value to the Director. Upon
13receiving notice of seizure, the Director may:
14 (1) place the property under seal;
15 (2) remove the property to a place designated by him or
16 her;
17 (3) keep the property in the possession of the seizing
18 agency;
19 (4) remove the property to a storage area for
20 safekeeping or, if the property is a negotiable instrument
21 or money and is not needed for evidentiary purposes,
22 deposit it in an interest bearing account;
23 (5) place the property under constructive seizure by
24 posting notice of pending forfeiture on it, by giving
25 notice of pending forfeiture to its owners and interest
26 holders, or by filing notice of pending forfeiture in any

SB1578- 151 -LRB100 04747 SLF 14754 b
1 appropriate public record relating to the property; or
2 (6) provide for another agency or custodian, including
3 an owner, secured party, or lienholder, to take custody of
4 the property upon the terms and conditions set by the
5 Director.
6 (e) (Blank). No disposition may be made of property under
7seal until the time for taking an appeal has elapsed or until
8all appeals have been concluded unless a court, upon
9application therefor, orders the sale of perishable substances
10and the deposit of the proceeds of the sale with the court.
11 (f) (Blank). When property is forfeited under this Act, the
12Director shall sell the property unless the property is
13required by law to be destroyed or is harmful to the public,
14and shall distribute the proceeds of the sale, together with
15any moneys forfeited or seized, in accordance with subsection
16(g). However, upon the application of the seizing agency or
17prosecutor who was responsible for the investigation, arrest or
18arrests and prosecution which lead to the forfeiture, the
19Director may return any item of forfeited property to the
20seizing agency or prosecutor for official use in the
21enforcement of laws relating to methamphetamine, cannabis, or
22controlled substances, if the agency or prosecutor
23demonstrates that the item requested would be useful to the
24agency or prosecutor in their enforcement efforts. When any
25forfeited conveyance, including an aircraft, vehicle, or
26vessel, is returned to the seizing agency or prosecutor, the

SB1578- 152 -LRB100 04747 SLF 14754 b
1conveyance may be used immediately in the enforcement of the
2criminal laws of this State. Upon disposal, all proceeds from
3the sale of the conveyance must be used for drug enforcement
4purposes. When any real property returned to the seizing agency
5is sold by the agency or its unit of government, the proceeds
6of the sale shall be delivered to the Director and distributed
7in accordance with subsection (g).
8 (g) (Blank). All moneys and the sale proceeds of all other
9property forfeited and seized under this Act shall be
10distributed as follows:
11 (1)(i) 65% shall be distributed to the metropolitan
12 enforcement group, local, municipal, county, or State law
13 enforcement agency or agencies which conducted or
14 participated in the investigation resulting in the
15 forfeiture. The distribution shall bear a reasonable
16 relationship to the degree of direct participation of the
17 law enforcement agency in the effort resulting in the
18 forfeiture, taking into account the total value of the
19 property forfeited and the total law enforcement effort
20 with respect to the violation of the law upon which the
21 forfeiture is based. Amounts distributed to the agency or
22 agencies shall be used for the enforcement of laws
23 governing methamphetamine, cannabis, and controlled
24 substances; for public education in the community or
25 schools in the prevention or detection of the abuse of
26 drugs or alcohol; or for security cameras used for the

SB1578- 153 -LRB100 04747 SLF 14754 b
1 prevention or detection of violence, except that amounts
2 distributed to the Secretary of State shall be deposited
3 into the Secretary of State Evidence Fund to be used as
4 provided in Section 2-115 of the Illinois Vehicle Code.
5 (ii) Any local, municipal, or county law enforcement
6 agency entitled to receive a monetary distribution of
7 forfeiture proceeds may share those forfeiture proceeds
8 pursuant to the terms of an intergovernmental agreement
9 with a municipality that has a population in excess of
10 20,000 if:
11 (I) the receiving agency has entered into an
12 intergovernmental agreement with the municipality to
13 provide police services;
14 (II) the intergovernmental agreement for police
15 services provides for consideration in an amount of not
16 less than $1,000,000 per year;
17 (III) the seizure took place within the
18 geographical limits of the municipality; and
19 (IV) the funds are used only for the enforcement of
20 laws governing cannabis and controlled substances; for
21 public education in the community or schools in the
22 prevention or detection of the abuse of drugs or
23 alcohol; or for security cameras used for the
24 prevention or detection of violence or the
25 establishment of a municipal police force, including
26 the training of officers, construction of a police

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1 station, the purchase of law enforcement equipment, or
2 vehicles.
3 (2)(i) 12.5% shall be distributed to the Office of the
4 State's Attorney of the county in which the prosecution
5 resulting in the forfeiture was instituted, deposited in a
6 special fund in the county treasury and appropriated to the
7 State's Attorney for use in the enforcement of laws
8 governing methamphetamine, cannabis, and controlled
9 substances; for public education in the community or
10 schools in the prevention or detection of the abuse of
11 drugs or alcohol; or at the discretion of the State's
12 Attorney, in addition to other authorized purposes, to make
13 grants to local substance abuse treatment facilities and
14 half-way houses. In counties with a population over
15 3,000,000, 25% shall be distributed to the Office of the
16 State's Attorney for use in the enforcement of laws
17 governing methamphetamine, cannabis, and controlled
18 substances; for public education in the community or
19 schools in the prevention or detection of the abuse of
20 drugs or alcohol; or at the discretion of the State's
21 Attorney, in addition to other authorized purposes, to make
22 grants to local substance abuse treatment facilities and
23 half-way houses. If the prosecution is undertaken solely by
24 the Attorney General, the portion provided hereunder shall
25 be distributed to the Attorney General for use in the
26 enforcement of laws governing methamphetamine, cannabis,

SB1578- 155 -LRB100 04747 SLF 14754 b
1 and controlled substances or for public education in the
2 community or schools in the prevention or detection of the
3 abuse of drugs or alcohol.
4 (ii) 12.5% shall be distributed to the Office of the
5 State's Attorneys Appellate Prosecutor and deposited in
6 the Narcotics Profit Forfeiture Fund of that Office to be
7 used for additional expenses incurred in the
8 investigation, prosecution and appeal of cases arising
9 under laws governing methamphetamine, cannabis, and
10 controlled substances or for public education in the
11 community or schools in the prevention or detection of the
12 abuse of drugs or alcohol. The Office of the State's
13 Attorneys Appellate Prosecutor shall not receive
14 distribution from cases brought in counties with a
15 population over 3,000,000.
16 (3) 10% shall be retained by the Department of State
17 Police for expenses related to the administration and sale
18 of seized and forfeited property.
19 (h) Contraband, including methamphetamine or any
20controlled substance possessed without authorization under
21State or federal law, is not subject to forfeiture. No property
22right exists in contraband. Contraband is subject to seizure
23and shall be disposed of according to State law.
24(Source: P.A. 99-686, eff. 7-29-16.)
25 Section 205. The Code of Criminal Procedure of 1963 is

SB1578- 156 -LRB100 04747 SLF 14754 b
1amended by changing Sections 124B-305, 124B-420, 124B-505,
2124B-605, 124B-710, 124B-715, 124B-825, 124B-935, and
3124B-1040 and by adding Section 124B-195 as follows:
4 (725 ILCS 5/124B-195 new)
5 Sec. 124B-195. Reporting. Property seized or forfeited
6under this Article is subject to reporting under the Seizure
7and Forfeiture Reporting Act.
8 (725 ILCS 5/124B-305)
9 Sec. 124B-305. Distribution of property and sale proceeds.
10All moneys and the sale proceeds of all other property
11forfeited and seized under this Part 300 shall be distributed
12as follows:
13 (1) (Blank). 45% shall be divided equally between all
14 State agencies and units of local government whose officers
15 or employees conducted the investigation or initiated the
16 hearing that resulted in the forfeiture.
17 (2) 50% shall be deposited into the Specialized
18 Services for Survivors of Human Trafficking Fund and
19 disbursed in accordance with subsections (d), (e), and (f)
20 of Section 5-9-1.21 of the Unified Code of Corrections.
21 (3) 50% 5% shall be deposited into the Asset Forfeiture
22 Proceeds Fund paid to the Office of the State's Attorneys
23 Appellate Prosecutor to train State's Attorneys on
24 forfeiture proceedings and topics related to human

SB1578- 157 -LRB100 04747 SLF 14754 b
1 trafficking.
2(Source: P.A. 97-897, eff. 1-1-13; 98-1013, eff. 1-1-15.)
3 (725 ILCS 5/124B-420)
4 Sec. 124B-420. Distribution of property and sale proceeds.
5 (a) All moneys and the sale proceeds of all other property
6forfeited and seized under this Part 400 shall be deposited
7into the Asset Forfeiture Proceeds Fund. distributed as
8follows:
9 (1) 50% shall be distributed to the unit of local
10 government whose officers or employees conducted the
11 investigation into the offense and caused the arrest or
12 arrests and prosecution leading to the forfeiture, except
13 that if the investigation, arrest or arrests, and
14 prosecution leading to the forfeiture were undertaken by
15 the sheriff, this portion shall be distributed to the
16 county for deposit into a special fund in the county
17 treasury appropriated to the sheriff. Amounts distributed
18 to the county for the sheriff or to units of local
19 government under this paragraph shall be used for
20 enforcement of laws or ordinances governing obscenity and
21 child pornography. If the investigation, arrest or
22 arrests, and prosecution leading to the forfeiture were
23 undertaken solely by a State agency, however, the portion
24 designated in this paragraph shall be paid into the State
25 treasury to be used for enforcement of laws governing

SB1578- 158 -LRB100 04747 SLF 14754 b
1 obscenity and child pornography.
2 (2) 25% shall be distributed to the county in which the
3 prosecution resulting in the forfeiture was instituted,
4 deposited into a special fund in the county treasury, and
5 appropriated to the State's Attorney for use in the
6 enforcement of laws governing obscenity and child
7 pornography.
8 (3) 25% shall be distributed to the Office of the
9 State's Attorneys Appellate Prosecutor and deposited into
10 the Obscenity Profits Forfeiture Fund, which is hereby
11 created in the State treasury, to be used by the Office of
12 the State's Attorneys Appellate Prosecutor for additional
13 expenses incurred in prosecuting appeals arising under
14 Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
15 Criminal Code of 1961 or the Criminal Code of 2012. Any
16 amounts remaining in the Fund after all additional expenses
17 have been paid shall be used by the Office to reduce the
18 participating county contributions to the Office on a
19 pro-rated basis as determined by the board of governors of
20 the Office of the State's Attorneys Appellate Prosecutor
21 based on the populations of the participating counties.
22 (b) Before any deposit distribution under subsection (a),
23the Attorney General or State's Attorney shall retain from the
24forfeited moneys or sale proceeds, or both, sufficient moneys
25to cover expenses related to the administration and sale of the
26forfeited property.

SB1578- 159 -LRB100 04747 SLF 14754 b
1(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
297-1150, eff. 1-25-13.)
3 (725 ILCS 5/124B-505)
4 Sec. 124B-505. Distribution of property and sale proceeds.
5 (a) All moneys and the sale proceeds of all other property
6forfeited and seized under this Part 500 shall be distributed
7as follows:
8 (1) One-half shall be deposited into the Asset
9 Forfeiture Proceeds Fund divided equally between all State
10 agencies and units of local government whose officers or
11 employees conducted the investigation that resulted in the
12 forfeiture.
13 (2) One-half shall be deposited into the Violent Crime
14 Victims Assistance Fund.
15 (b) Before any deposit distribution under subsection (a),
16the Attorney General or State's Attorney shall retain from the
17forfeited moneys or sale proceeds, or both, sufficient moneys
18to cover expenses related to the administration and sale of the
19forfeited property.
20(Source: P.A. 96-712, eff. 1-1-10.)
21 (725 ILCS 5/124B-605)
22 Sec. 124B-605. Distribution of property and sale proceeds.
23 (a) All moneys and the sale proceeds of all other property
24forfeited and seized under this Part 600 shall be deposited

SB1578- 160 -LRB100 04747 SLF 14754 b
1into the Asset Forfeiture Proceeds Fund. distributed as
2follows:
3 (1) 50% shall be distributed to the unit of local
4 government whose officers or employees conducted the
5 investigation into computer fraud and caused the arrest or
6 arrests and prosecution leading to the forfeiture. Amounts
7 distributed to units of local government shall be used for
8 training or enforcement purposes relating to detection,
9 investigation, or prosecution of financial crimes,
10 including computer fraud. If, however, the investigation,
11 arrest or arrests, and prosecution leading to the
12 forfeiture were undertaken solely by a State agency, the
13 portion provided under this paragraph (1) shall be paid
14 into the State Police Services Fund of the Illinois
15 Department of State Police to be used for training or
16 enforcement purposes relating to detection, investigation,
17 or prosecution of financial crimes, including computer
18 fraud.
19 (2) 50% shall be distributed to the county in which the
20 prosecution and petition for forfeiture resulting in the
21 forfeiture was instituted by the State's Attorney and shall
22 be deposited into a special fund in the county treasury and
23 appropriated to the State's Attorney for use in training or
24 enforcement purposes relating to detection, investigation,
25 or prosecution of financial crimes, including computer
26 fraud. If a prosecution and petition for forfeiture

SB1578- 161 -LRB100 04747 SLF 14754 b
1 resulting in the forfeiture has been maintained by the
2 Attorney General, 50% of the proceeds shall be paid into
3 the Attorney General's Financial Crime Prevention Fund. If
4 the Attorney General and the State's Attorney have
5 participated jointly in any part of the proceedings, 25% of
6 the proceeds forfeited shall be paid to the county in which
7 the prosecution and petition for forfeiture resulting in
8 the forfeiture occurred, and 25% shall be paid into the
9 Attorney General's Financial Crime Prevention Fund to be
10 used for the purposes stated in this paragraph (2).
11 (b) Before any deposit distribution under subsection (a),
12the Attorney General or State's Attorney shall retain from the
13forfeited moneys or sale proceeds, or both, sufficient moneys
14to cover expenses related to the administration and sale of the
15forfeited property.
16(Source: P.A. 96-712, eff. 1-1-10.)
17 (725 ILCS 5/124B-710)
18 Sec. 124B-710. Sale of forfeited property by Director of
19State Police; return to seizing agency or prosecutor.
20 (a) The court shall authorize the Director of State Police
21to seize any property declared forfeited under this Article on
22terms and conditions the court deems proper.
23 (b) When property is forfeited under this Part 700, the
24Director of State Police shall sell the property unless the
25property is required by law to be destroyed or is harmful to

SB1578- 162 -LRB100 04747 SLF 14754 b
1the public. The Director shall distribute the proceeds of the
2sale, together with any moneys forfeited or seized, in
3accordance with Section 124B-715.
4 (c) (Blank). On the application of the seizing agency or
5prosecutor who was responsible for the investigation, arrest,
6and prosecution that lead to the forfeiture, however, the
7Director may return any item of forfeited property to the
8seizing agency or prosecutor for official use in the
9enforcement of laws relating to Article 17B or Section 17-6.3
10of the Criminal Code of 1961 or the Criminal Code of 2012 if
11the agency or prosecutor can demonstrate that the item
12requested would be useful to the agency or prosecutor in their
13enforcement efforts. When any real property returned to the
14seizing agency is sold by the agency or its unit of government,
15the proceeds of the sale shall be delivered to the Director and
16distributed in accordance with Section 124B-715.
17(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13;
1897-1150, eff. 1-25-13.)
19 (725 ILCS 5/124B-715)
20 Sec. 124B-715. Distribution of all other property and sale
21proceeds. All moneys and the sale proceeds of all property
22forfeited and seized under this Part 700 and not returned to a
23seizing agency or prosecutor under subsection (c) of Section
24124B-705 shall be distributed to the Special Supplemental Food
25Program for Women, Infants and Children (WIC) program

SB1578- 163 -LRB100 04747 SLF 14754 b
1administered by the Illinois Department of Human Services.
2(Source: P.A. 96-712, eff. 1-1-10.)
3 (725 ILCS 5/124B-825)
4 Sec. 124B-825. Distribution of property and sale proceeds.
5After the deduction of all requisite expenses of administration
6and sale, all moneys and the sale proceeds of all other
7property forfeited and seized under this Part 800 shall be
8deposited into the Asset Forfeiture Proceeds Fund the Attorney
9General or State's Attorney shall distribute the proceeds of
10the sale of forfeited property, along with any property
11forfeited or seized, between participating law enforcement
12agencies in equitable portions as determined by the court
13entering the forfeiture order.
14(Source: P.A. 96-712, eff. 1-1-10.)
15 (725 ILCS 5/124B-935)
16 Sec. 124B-935. Distribution of property and sale proceeds.
17All moneys and the sale proceeds of all other property
18forfeited and seized under this Part 900 shall be deposited
19into the Asset Forfeiture Proceeds Fund. distributed as
20follows:
21 (1) 65% shall be distributed to the local, municipal,
22 county, or State law enforcement agency or agencies that
23 conducted or participated in the investigation resulting
24 in the forfeiture. The distribution shall bear a reasonable

SB1578- 164 -LRB100 04747 SLF 14754 b
1 relationship to the degree of direct participation of the
2 law enforcement agency in the effort resulting in the
3 forfeiture, taking into account the total value of the
4 property forfeited and the total law enforcement effort
5 with respect to the violation of the law upon which the
6 forfeiture is based.
7 (2) 12.5% shall be distributed to the Office of the
8 State's Attorney of the county in which the prosecution
9 resulting in the forfeiture was instituted for use in the
10 enforcement of laws, including laws governing animal
11 fighting.
12 (3) 12.5% shall be distributed to the Illinois
13 Department of Agriculture for reimbursement of expenses
14 incurred in the investigation, prosecution, and appeal of
15 cases arising under laws governing animal fighting.
16 (4) 10% shall be retained by the Department of State
17 Police for expenses related to the administration and sale
18 of seized and forfeited property.
19(Source: P.A. 96-712, eff. 1-1-10.)
20 (725 ILCS 5/124B-1040)
21 Sec. 124B-1040. Distribution of property from sale of
22proceeds. The proceeds of any sale of property, after payment
23of all liens and deduction of the reasonable charges and
24expenses incurred by the investigating law enforcement agency
25in storing and selling the property, shall be deposited into

SB1578- 165 -LRB100 04747 SLF 14754 b
1the Asset Forfeiture Proceeds Fund paid into the general fund
2of the level of government responsible for the operation of the
3investigating law enforcement agency.
4(Source: P.A. 97-1109, eff. 1-1-13.)
5 (725 ILCS 5/124B-1030 rep.)
6 Section 210. The Code of Criminal Procedure of 1963 is
7amended by repealing Section 124B-1030.
8 Section 215. The Drug Asset Forfeiture Procedure Act is
9amended by changing Sections 2, 3.5, 5, 8, 9, and 10 and by
10adding Sections 3.1, 3.2, 3.3, 5.1, 5.2, 9.5, 15, 16, 17, 18,
1119, and 20 as follows:
12 (725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)
13 Sec. 2. Legislative Declaration. The General Assembly
14finds that the civil forfeiture of property which is used or
15intended to be used in, is attributable to or facilitates the
16manufacture, sale, transportation, distribution, possession or
17use of substances in certain violations of the Illinois
18Controlled Substances Act, the Cannabis Control Act, or the
19Methamphetamine Control and Community Protection Act will have
20a significant beneficial effect in deterring the rising
21incidence of the abuse and trafficking of such substances
22within this State. While forfeiture may secure for State and
23local units of government some resources for deterring drug

SB1578- 166 -LRB100 04747 SLF 14754 b
1abuse and drug trafficking, forfeiture is not intended to be an
2alternative means of funding the administration of criminal
3justice. The General Assembly further finds that the federal
4narcotics civil forfeiture statute upon which this Act is based
5has been very successful in deterring the use and distribution
6of controlled substances within this State and throughout the
7country. It is therefore the intent of the General Assembly
8that the forfeiture provisions of this Act be construed in
9light of the federal forfeiture provisions contained in 21
10U.S.C. 881 as interpreted by the federal courts, except to the
11extent that the provisions of this Act expressly differ
12therefrom.
13(Source: P.A. 94-556, eff. 9-11-05.)
14 (725 ILCS 150/3.1 new)
15 Sec. 3.1. Seizure.
16 (a) Seizure of real property subject to forfeiture under
17this Act requires a court order. A court may issue an order to
18seize or secure real property for which forfeiture is sought
19only after proper notice to property owners and an opportunity
20for a contested hearing to determine the sufficiency of
21probable cause for the seizure. Nothing in this subsection (a)
22prohibits the prosecuting authority from seeking a lis pendens
23or restraining order to hinder the sale or destruction of the
24real property.
25 (b) Personal property subject to forfeiture under the

SB1578- 167 -LRB100 04747 SLF 14754 b
1Illinois Controlled Substances Act, the Cannabis Control Act,
2the Illinois Food, Drug and Cosmetic Act, or the
3Methamphetamine Control and Community Protection Act may be
4seized by the Director of State Police or any peace officer
5upon process or seizure warrant issued by any court having
6jurisdiction over the property.
7 (c) Personal property subject to forfeiture under the
8Illinois Controlled Substances Act, the Cannabis Control Act,
9the Illinois Food, Drug and Cosmetic Act, or the
10Methamphetamine Control and Community Protection Act may be
11seized by the Director of State Police or any peace officer
12without process:
13 (1) if the seizure is incident to inspection under an
14 administrative inspection warrant;
15 (2) if the property subject to seizure has been the
16 subject of a prior judgment in favor of the State in a
17 criminal proceeding or in an injunction or forfeiture
18 proceeding based upon this Act;
19 (3) if there is probable cause to believe that the
20 property is directly or indirectly dangerous to health or
21 safety;
22 (4) if there is probable cause to believe that the
23 property is subject to forfeiture under the Illinois
24 Controlled Substances Act, the Cannabis Control Act, the
25 Illinois Food, Drug and Cosmetic Act, or the
26 Methamphetamine Control and Community Protection Act, and

SB1578- 168 -LRB100 04747 SLF 14754 b
1 the property is seized under circumstances in which a
2 warrantless seizure or arrest would be reasonable; or
3 (5) under the Code of Criminal Procedure of 1963.
4 (d) When a conveyance is seized under this Act, an
5investigation shall be made by the law enforcement agency as to
6any person whose right, title, interest, or lien is of record
7in the office of the agency or official in which title or
8interest to the conveyance is required by law to be recorded.
9 (e) After seizure under this Section, notice shall be given
10to all known interest holders that forfeiture proceedings,
11including a preliminary review, may be instituted under this
12Act.
13 (725 ILCS 150/3.2 new)
14 Sec. 3.2. Receipt for seized property. If a law enforcement
15officer seizes property that is subject to forfeiture, the
16officer shall provide an itemized receipt to the person
17possessing the property or, in the absence of a person to whom
18the receipt could be given, shall leave the receipt in the
19place where the property was found, if possible.
20 (725 ILCS 150/3.3 new)
21 Sec. 3.3. Safekeeping of seized property pending
22disposition.
23 (a) Property seized under this Act is deemed to be in the
24custody of the seizing agency subject only to the order and

SB1578- 169 -LRB100 04747 SLF 14754 b
1judgments of the circuit court having jurisdiction over the
2forfeiture proceedings and the decisions of the State's
3Attorney under this Act.
4 (b) When property is seized under this Act, the seizing
5agency shall promptly conduct an inventory of the seized
6property and estimate the property's value, and shall:
7 (1) place the property under seal;
8 (2) remove the property to a place designated by the
9 seizing agency;
10 (3) keep the property in the possession of the seizing
11 agency;
12 (4) remove the property to a storage area for
13 safekeeping;
14 (5) place the property under constructive seizure by
15 posting notice of pending forfeiture on it, by giving
16 notice of pending forfeiture to its owners and interest
17 holders, or by filing notice of pending forfeiture in any
18 appropriate public record relating to the property; or
19 (6) provide for another agency or custodian, including
20 an owner, secured party, or lienholder, to take custody of
21 the property upon the terms and conditions set by the
22 seizing agency.
23 (c) Property seized under this Act shall be kept by the
24custodian in a manner to protect it from theft or damage and,
25if ordered by the court, insured against those risks.

SB1578- 170 -LRB100 04747 SLF 14754 b
1 (725 ILCS 150/3.5)
2 Sec. 3.5. Preliminary Review.
3 (a) Within 14 days of the seizure, the State shall seek a
4preliminary determination from the circuit court as to whether
5there is probable cause that the property may be subject to
6forfeiture.
7 (b) The rules of evidence shall not apply to any proceeding
8conducted under this Section.
9 (c) The court may conduct the review under subsection (a)
10simultaneously with a proceeding pursuant to Section 109-1 of
11the Code of Criminal Procedure of 1963 for a related criminal
12offense if a prosecution is commenced by information or
13complaint.
14 (d) The court may accept a finding of probable cause at a
15preliminary hearing following the filing of an information or
16complaint charging a related criminal offense or following the
17return of indictment by a grand jury charging the related
18offense as sufficient evidence of probable cause as required
19under subsection (a).
20 (e) Upon making a finding of probable cause as required
21under this Section, the circuit court shall order the property
22subject to the provisions of the applicable forfeiture Act held
23until the conclusion of any forfeiture proceeding.
24 For seizures of conveyances, at any time after within 7
25days of a finding of probable cause under subsection (a) but at
26least 60 days before the trial of the forfeiture case, the

SB1578- 171 -LRB100 04747 SLF 14754 b
1registered owner or other claimant may file a motion in writing
2supported by sworn affidavits claiming that denial of the use
3of the conveyance during the pendency of the forfeiture
4proceedings creates a substantial hardship. The court shall
5consider the following factors in determining whether a
6substantial hardship has been proven:
7 (1) the nature of the claimed hardship;
8 (2) the availability of public transportation or other
9 available means of transportation; and
10 (3) any available alternatives to alleviate the
11 hardship other than the return of the seized conveyance.
12 If the court determines that a substantial hardship has
13been proven, the court shall then balance the nature of the
14hardship against the State's interest in safeguarding the
15conveyance. If the court determines that the hardship outweighs
16the State's interest in safeguarding the conveyance, the court
17may temporarily release the conveyance to the registered owner
18or the registered owner's authorized designee, or both, until
19the conclusion of the forfeiture proceedings or for such
20shorter period as ordered by the court provided that the person
21to whom the conveyance is released provides proof of insurance
22and a valid driver's license and all State and local
23registrations for operation of the conveyance are current. The
24court may shall place conditions on the conveyance limiting its
25use to the stated hardship and restricting the conveyance's use
26to only those individuals authorized to use the conveyance by

SB1578- 172 -LRB100 04747 SLF 14754 b
1the registered owner. The court may shall revoke the order
2releasing the conveyance and order that the conveyance be
3reseized by law enforcement if the conditions of release are
4violated or if the conveyance is used in the commission of any
5offense identified in subsection (a) of Section 6-205 of the
6Illinois Vehicle Code.
7 If the court orders the release of the conveyance during
8the pendency of the forfeiture proceedings, the registered
9owner or his or her authorized designee shall post a cash
10security with the Clerk of the Court as ordered by the court.
11The court shall consider the following factors in determining
12the amount of the cash security:
13 (A) the full market value of the conveyance;
14 (B) the nature of the hardship;
15 (C) the extent and length of the usage of the
16 conveyance; and
17 (D) such other conditions as the court deems necessary
18 to safeguard the conveyance.
19 If the conveyance is released, the court shall order that
20the registered owner or his or her designee safeguard the
21conveyance, not remove the conveyance from the jurisdiction,
22not conceal, destroy, or otherwise dispose of the conveyance,
23not encumber the conveyance, and not diminish the value of the
24conveyance in any way. The court shall also make a
25determination of the full market value of the conveyance prior
26to it being released based on a source or sources defined in 50

SB1578- 173 -LRB100 04747 SLF 14754 b
1Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
2 If the conveyance subject to forfeiture is released under
3this Section and is subsequently forfeited, the person to whom
4the conveyance was released shall return the conveyance to the
5law enforcement agency that seized the conveyance within 7 days
6from the date of the declaration of forfeiture or order of
7forfeiture. If the conveyance is not returned within 7 days,
8the cash security shall be forfeited in the same manner as the
9conveyance subject to forfeiture. If the cash security was less
10than the full market value, a judgment shall be entered against
11the parties to whom the conveyance was released and the
12registered owner, jointly and severally, for the difference
13between the full market value and the amount of the cash
14security. If the conveyance is returned in a condition other
15than the condition in which it was released, the cash security
16shall be returned to the surety who posted the security minus
17the amount of the diminished value, and that amount shall be
18forfeited in the same manner as the conveyance subject to
19forfeiture. Additionally, the court may enter an order allowing
20any law enforcement agency in the State of Illinois to seize
21the conveyance wherever it may be found in the State to satisfy
22the judgment if the cash security was less than the full market
23value of the conveyance.
24(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
25 (725 ILCS 150/5) (from Ch. 56 1/2, par. 1675)

SB1578- 174 -LRB100 04747 SLF 14754 b
1 Sec. 5. Notice to State's Attorney. The law enforcement
2agency seizing property for forfeiture under the Illinois
3Controlled Substances Act, the Cannabis Control Act, or the
4Methamphetamine Control and Community Protection Act shall, as
5soon as practicable but not later than 48 hours after the
6within 52 days of seizure, notify the State's Attorney for the
7county in which an act or omission giving rise to the seizure
8forfeiture occurred or in which the property was seized of the
9seizure of the property and the facts and circumstances giving
10rise to the seizure and shall provide the State's Attorney with
11the inventory of the property and its estimated value. When the
12property seized for forfeiture is a vehicle, the law
13enforcement agency seizing the property shall immediately
14notify the Secretary of State that forfeiture proceedings are
15pending regarding such vehicle.
16(Source: P.A. 94-556, eff. 9-11-05.)
17 (725 ILCS 150/5.1 new)
18 Sec. 5.1. Replevin hearing.
19 (a) At any time following the seizure of property under
20this Act, but at least 60 days prior to trial of the forfeiture
21case, any person who claims an ownership interest in property
22seized under this Act may claim the right to possession of the
23property by motion to the court to issue a writ of replevin.
24The movant shall file a motion establishing the validity of his
25or her alleged interest in the property.

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1 (b) The court shall hear the motion no more than 30 days
2after the motion is filed.
3 (c) If the motion for replevin is heard prior to the
4preliminary review under Section 3.5 of this Act, the State
5shall file an answer showing probable cause for the seizure at
6least 10 days before the hearing.
7 (d) Either party may, by agreement or for good cause, move
8the court for one extension of no more than 10 days. The motion
9may be supported by affidavits or other submissions.
10 (e) The court shall issue a writ of replevin if it finds
11that:
12 (1) it is likely the final judgment will require the
13 State to return the property to the claimant; or
14 (2) the property is the only reasonable means for the
15 person claiming an ownership interest in the property to
16 pay for legal representation in the forfeiture proceeding.
17 At the court's discretion under subsection (b) of this
18 Section, it may order the return of funds or property
19 sufficient to obtain legal counsel but less than the total
20 amount seized, and require an accounting.
21 (725 ILCS 150/5.2 new)
22 Sec. 5.2. Complaint of forfeiture.
23 (a) If the State's Attorney in the county in which the
24seizure occurs finds that the alleged violation of law giving
25rise to the seizure was incurred without willful negligence or

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1without any intention on the part of the owner of the property
2to violate the law, or finds the existence of mitigating
3circumstances as to justify remission of the forfeiture, he or
4she shall cause the law enforcement agency having custody of
5the property to return the property to the owner within a
6reasonable time not to exceed 5 days. The State's Attorney
7shall exercise his or her discretion prior to or promptly after
8the preliminary review under Section 3.5 of this Act.
9 (b) If, after review of the facts surrounding the seizure,
10the State's Attorney is of the opinion that the seized property
11is subject to forfeiture and the State's Attorney does not
12cause the forfeiture to be remitted under subsection (a) of
13this Section, he or she shall bring an action for forfeiture in
14the circuit court within whose jurisdiction the seizure and
15confiscation has taken place by filing a complaint of
16forfeiture proceedings as soon as practicable but not later
17than 30 days after a finding of probable cause at a preliminary
18review under Section 3.5 of this Act. A complaint of forfeiture
19proceeding shall include:
20 (1) a description of the property seized;
21 (2) the date and place of seizure of the property;
22 (3) the name and address of the law enforcement agency
23 making the seizure;
24 (4) the specific statutory and factual grounds for the
25 seizure;
26 (5) whether the property was seized under an order of

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1 seizure, and if the property was seized without an order of
2 seizure, an affidavit from a law enforcement officer
3 stating the factual and legal grounds for the seizure;
4 (6) in the complaint caption and in the complaint, the
5 names of persons known to the State who may claim an
6 interest in the property and the basis for each person's
7 alleged interest; and
8 (7) a summary of procedures and procedural rights
9 applicable to the forfeiture action.
10 (c) The complaint shall be served upon the person from whom
11the property was seized and all persons known or reasonably
12believed by the State to claim an interest in the property,
13under Article II, Part 2 of the Code of Civil Procedure.
14 (725 ILCS 150/8) (from Ch. 56 1/2, par. 1678)
15 Sec. 8. Exemptions from forfeiture.
16 (a) No vessel or watercraft, vehicle, or aircraft used by
17any person as a common carrier in the transaction of business
18as that common carrier may be forfeited under this Act unless
19the State proves by clear and convincing evidence that:
20 (1) in the case of a railway car or engine, the owner,
21 or
22 (2) in the case of any other vessel or watercraft,
23 vehicle, or aircraft, the owner or the master of the vessel
24 or watercraft or the owner or conductor, driver, pilot, or
25 other person in charge of the vehicle or aircraft was at

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1 the time of the alleged illegal act a consenting party or
2 privy to the alleged illegal act.
3 (b) No vessel or watercraft, vehicle, or aircraft shall be
4forfeited under this Act by reason of any act or omission
5committed or omitted by any person other than the owner while
6the vessel or watercraft, vehicle, or aircraft was unlawfully
7in the possession of a person who acquired possession of the
8vessel or watercraft, vehicle, or aircraft in violation of the
9criminal laws of the United States, or of any state.
10 (c) Notwithstanding any other provision of law to the
11contrary, the property of an innocent owner shall not be
12forfeited under this Act. No property interest shall be subject
13to forfeiture under this Act unless the State proves by clear
14and convincing evidence that the underlying violation of the
15Illinois Controlled Substances Act, the Cannabis Control Act,
16the Methamphetamine Control and Community Protection Act, or
17the Illinois Food, Drug and Cosmetic Act was committed with the
18knowledge and consent of the owner.
19 (d) Homesteaded real property, a motor vehicle of less than
20$10,000 in market value, or United States currency totaling
21$200 or less is not subject to forfeiture under this Act.
22A property interest is exempt from forfeiture under this
23Section if its owner or interest holder establishes by a
24preponderance of evidence that the owner or interest holder:
25 (A)(i) in the case of personal property, is not legally
26accountable for the conduct giving rise to the forfeiture, did

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1not acquiesce in it, and did not know and could not reasonably
2have known of the conduct or that the conduct was likely to
3occur, or
4 (ii) in the case of real property, is not legally
5accountable for the conduct giving rise to the forfeiture, or
6did not solicit, conspire, or attempt to commit the conduct
7giving rise to the forfeiture; and
8 (B) had not acquired and did not stand to acquire
9substantial proceeds from the conduct giving rise to its
10forfeiture other than as an interest holder in an arms length
11commercial transaction; and
12 (C) with respect to conveyances, did not hold the property
13jointly or in common with a person whose conduct gave rise to
14the forfeiture; and
15 (D) does not hold the property for the benefit of or as
16nominee for any person whose conduct gave rise to its
17forfeiture, and, if the owner or interest holder acquired the
18interest through any such person, the owner or interest holder
19acquired it as a bona fide purchaser for value without
20knowingly taking part in the conduct giving rise to the
21forfeiture; and
22 (E) that the owner or interest holder acquired the
23interest:
24 (i) before the commencement of the conduct giving rise to
25its forfeiture and the person whose conduct gave rise to its
26forfeiture did not have the authority to convey the interest to

SB1578- 180 -LRB100 04747 SLF 14754 b
1a bona fide purchaser for value at the time of the conduct; or
2 (ii) after the commencement of the conduct giving rise to
3its forfeiture, and the owner or interest holder acquired the
4interest as a mortgagee, secured creditor, lienholder, or bona
5fide purchaser for value without knowledge of the conduct which
6gave rise to the forfeiture; and
7 (a) in the case of personal property, without knowledge of
8the seizure of the property for forfeiture; or
9 (b) in the case of real estate, before the filing in the
10office of the Recorder of Deeds of the county in which the real
11estate is located of a notice of seizure for forfeiture or a
12lis pendens notice.
13(Source: P.A. 86-1382.)
14 (725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
15 Sec. 9. Judicial in rem procedures. The If property seized
16under the provisions of the Illinois Controlled Substances Act,
17the Cannabis Control Act, or the Methamphetamine Control and
18Community Protection Act is non-real property that exceeds
19$20,000 in value excluding the value of any conveyance, or is
20real property, or a claimant has filed a claim and a cost bond
21under subsection (C) of Section 6 of this Act, the following
22judicial in rem procedures shall apply to property seized under
23the Illinois Controlled Substances Act, the Cannabis Control
24Act, the Illinois Food, Drug and Cosmetic Act, or the
25Methamphetamine Control and Community Protection Act:

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1 (A) A judgment of forfeiture requires as a condition
2precedent that a defendant be convicted in an underlying or
3related criminal action of an offense under the Illinois
4Controlled Substances Act, the Cannabis Control Act, the
5Illinois Food, Drug and Cosmetic Act, or the Methamphetamine
6Control and Community Protection Act for which forfeiture is
7authorized. The court may waive the conviction requirement if
8the State shows by clear and convincing evidence that the
9defendant:
10 (i) died;
11 (ii) was deported by the United States government;
12 (iii) is granted immunity in exchange for testifying or
13 otherwise assisting a law enforcement investigation or
14 prosecution; or
15 (iv) fled the jurisdiction after being charged with an
16 offense for which forfeiture is authorized and released on
17 bail. A defendant convicted in any criminal proceeding is
18 precluded from later denying the essential allegations of
19 the criminal offense of which the defendant was convicted
20 in any proceeding under this Act regardless of the pendency
21 of an appeal from that conviction. However, evidence of the
22 pendency of an appeal is admissible.
23 (B) The court shall stay civil forfeiture proceedings
24during the criminal trial for a related criminal indictment or
25information alleging a violation of the Illinois Controlled
26Substances Act, the Cannabis Control Act, the Illinois Food,

SB1578- 182 -LRB100 04747 SLF 14754 b
1Drug and Cosmetic Act, or the Methamphetamine Control and
2Community Protection Act. The stay is not available pending an
3appeal. Property subject to forfeiture under the Illinois
4Controlled Substances Act, the Cannabis Control Act, the
5Illinois Food, Drug and Cosmetic Act, or the Methamphetamine
6Control and Community Protection Act is not subject to return
7or release by a court exercising jurisdiction over a criminal
8case involving the seizure of the property unless the return or
9release is consented to by the State's Attorney. Upon dismissal
10of all related criminal proceedings underlying the alleged
11violation of this Article giving rise to forfeiture, the
12State's Attorney shall immediately move for dismissal of the
13forfeiture action. :
14 (A) If, after a review of the facts surrounding the
15seizure, the State's Attorney is of the opinion that the seized
16property is subject to forfeiture, then within 45 days of the
17receipt of notice of seizure by the seizing agency or the
18filing of the claim and cost bond, whichever is later, the
19State's Attorney shall institute judicial forfeiture
20proceedings by filing a verified complaint for forfeiture and,
21if the claimant has filed a claim and cost bond, by depositing
22the cost bond with the clerk of the court. When authorized by
23law, a forfeiture must be ordered by a court on an action in
24rem brought by a State's Attorney under a verified complaint
25for forfeiture.
26 (B) During the probable cause portion of the judicial in

SB1578- 183 -LRB100 04747 SLF 14754 b
1rem proceeding wherein the State presents its case-in-chief,
2the court must receive and consider, among other things, all
3relevant hearsay evidence and information. The laws of evidence
4relating to civil actions shall apply to all other portions of
5the judicial in rem proceeding.
6 (C) Only an owner of or interest holder in the property may
7file an answer asserting a claim against the property in the
8action in rem. For purposes of this Section, the owner or
9interest holder shall be referred to as claimant. A person not
10named in the forfeiture complaint who claims to have an
11interest in the property may petition to intervene as a
12claimant under Section 2-408 of the Code of Civil Procedure. If
13a claimant is financially unable to obtain representation by
14counsel, the court may appoint counsel to represent that person
15in the forfeiture proceeding.
16 (D) The answer must be signed by the owner or interest
17holder under penalty of perjury and must set forth:
18 (i) the caption of the proceedings as set forth on the
19 notice of pending forfeiture and the name of the claimant;
20 (ii) the address at which the claimant will accept
21 mail;
22 (iii) the nature and extent of the claimant's interest
23 in the property;
24 (iv) the date, identity of transferor, and
25 circumstances of the claimant's acquisition of the
26 interest in the property;

SB1578- 184 -LRB100 04747 SLF 14754 b
1 (v) the name and address of all other persons known to
2 have an interest in the property;
3 (vi) the specific provisions of Section 8 of this Act
4 relied on in asserting it is exempt from not subject to
5 forfeiture, if applicable;
6 (vii) all essential facts supporting each assertion;
7 and
8 (viii) the precise relief sought.
9 (E) The answer must be filed with the court within 45 days
10after service of the civil in rem complaint.
11 (F) The trial hearing must be held within 60 days after
12filing of the answer unless continued for good cause.
13 (G) The State shall have the burden of proving by clear and
14convincing evidence that the property is subject to forfeiture
15show the existence of probable cause for forfeiture of the
16property. If the State shows probable cause, the claimant has
17the burden of showing by a preponderance of the evidence that
18the claimant's interest in the property is not subject to
19forfeiture.
20 (H) If the State does not meet its burden of proof show
21existence of probable cause or a claimant has established by a
22preponderance of evidence that the claimant has an interest
23that is exempt under Section 8 of this Act, the court shall
24order the interest in the property returned or conveyed to the
25claimant and shall order all other property forfeited to the
26State. If the State does show existence of probable cause and

SB1578- 185 -LRB100 04747 SLF 14754 b
1the claimant does not establish by a preponderance of evidence
2that the claimant has an interest that is exempt under Section
38 of this Act, the court shall order all property forfeited to
4the State.
5 (I) If the State meets its burden of proof, the court shall
6order the property forfeited to the State. A defendant
7convicted in any criminal proceeding is precluded from later
8denying the essential allegations of the criminal offense of
9which the defendant was convicted in any proceeding under this
10Act regardless of the pendency of an appeal from that
11conviction. However, evidence of the pendency of an appeal is
12admissible.
13 (J) (Blank). An acquittal or dismissal in a criminal
14proceeding shall not preclude civil proceedings under this Act;
15however, for good cause shown, on a motion by the State's
16Attorney, the court may stay civil forfeiture proceedings
17during the criminal trial for a related criminal indictment or
18information alleging a violation of the Illinois Controlled
19Substances Act, the Cannabis Control Act, or the
20Methamphetamine Control and Community Protection Act. Such a
21stay shall not be available pending an appeal. Property subject
22to forfeiture under the Illinois Controlled Substances Act, the
23Cannabis Control Act, or the Methamphetamine Control and
24Community Protection Act shall not be subject to return or
25release by a court exercising jurisdiction over a criminal case
26involving the seizure of such property unless such return or

SB1578- 186 -LRB100 04747 SLF 14754 b
1release is consented to by the State's Attorney.
2 (K) Provisional title to all All property declared
3forfeited under this Act vests in this State on the commission
4of the conduct giving rise to forfeiture together with the
5proceeds of the property after that time. Except as otherwise
6provided in this Act, any Any such property or proceeds
7subsequently transferred to any person remain subject to
8forfeiture and thereafter shall be ordered forfeited unless the
9transferee claims and establishes in a hearing under the
10provisions of this Act that the transferee's interest is exempt
11under Section 8 of this Act. A claimant who acquired, as a
12transferee, an ownership interest in property that is the
13subject of forfeiture proceedings under this Act after the
14commission of the underlying violation of the Illinois
15Controlled Substances Act, the Cannabis Control Act, the
16Methamphetamine Control and Community Protection Act, or the
17Illinois Food, Drug and Cosmetic Act, shall be barred from
18asserting that his or her interest in the property is exempt
19from forfeiture under subsection (c) of Section 8 of this Act,
20unless the claimant shows by a preponderance of the evidence
21that he or she acquired the interest as a mortgagee, secured
22creditor, lienholder, or bona fide purchaser, without
23knowledge of the seizure of the property and without notice of
24any defect in title.
25 (L) A civil action under this Act must be commenced within
265 years after the last conduct giving rise to forfeiture became

SB1578- 187 -LRB100 04747 SLF 14754 b
1known or should have become known or 5 years after the
2forfeitable property is discovered, whichever is later,
3excluding any time during which either the property or claimant
4is out of the State or in confinement or during which criminal
5proceedings relating to the same conduct are in progress.
6 (M) A claimant is not jointly and severally liable for
7forfeiture awards owed by other claimants. If ownership is
8unclear, a court may order each claimant to forfeit property on
9a pro rata basis or by another means the court finds equitable.
10(Source: P.A. 94-556, eff. 9-11-05.)
11 (725 ILCS 150/9.5 new)
12 Sec. 9.5. Proportionality hearing.
13 (a) If property has been declared forfeited under Section 9
14of this Act as an instrumentality of a drug offense, a
15defendant may, within 30 days of the effective date of the
16notice of the declaration of forfeiture, petition the court
17that the forfeiture is grossly disproportional to the
18seriousness of the offense. The claimant shall bear the burden
19of persuasion by a preponderance of the evidence at a hearing
20conducted by the court without a jury. In determining whether
21the forfeiture of an instrumentality is excessive, the court
22may consider all relevant factors, including, but not limited
23to:
24 (1) the seriousness of the offense and its impact on
25 the community, including the duration of the activity and

SB1578- 188 -LRB100 04747 SLF 14754 b
1 the harm caused by the claimant;
2 (2) the extent to which the claimant participated in
3 the offense;
4 (3) the extent to which the property was used in
5 committing the offense;
6 (4) the sentence imposed for committing the crime
7 subject to forfeiture; and
8 (5) whether the offense was completed or attempted.
9 (b) In determining the value of the instrumentality subject
10to forfeiture, the court may consider all relevant factors,
11including, but not limited to:
12 (1) the fair market value of the property;
13 (2) the value of the property to the claimant,
14 including hardship to the claimant if the forfeiture is
15 realized; and
16 (3) the hardship from the loss of a primary residence,
17 motor vehicle, or other property to the claimant's family
18 members or others if the property is forfeited.
19 (c) The court may not consider the monetary value of the
20instrumentality to the State in determining whether the
21forfeiture of an instrumentality is disproportional to the
22seriousness of the offense.
23 (d) If the claimant prevails in a proportionality hearing
24under this Section, the court may order the property, or a
25portion of the property, returned or conveyed to the claimant
26as the court deems just.

SB1578- 189 -LRB100 04747 SLF 14754 b
1 (725 ILCS 150/10) (from Ch. 56 1/2, par. 1680)
2 Sec. 10. Stay of time periods. If property is seized for
3evidence and for forfeiture, the time periods for instituting
4judicial and non-judicial forfeiture proceedings shall not
5begin until the property is no longer necessary for evidence.
6(Source: P.A. 86-1382.)
7 (725 ILCS 150/15 new)
8 Sec. 15. Return of property; damages and costs.
9 (a) The law enforcement agency that holds custody of
10property seized for forfeiture shall return to the claimant,
11within a reasonable period of time not to exceed 5 days after
12the court orders the property to be returned or conveyed to the
13claimant:
14 (1) property ordered by the court to be conveyed or
15 returned to the claimant under paragraph (H) of Section 9
16 of this Act; and
17 (2) property ordered by the court to be conveyed or
18 returned to the claimant under subsection (d) of Section
19 9.5 of this Act.
20 (b) The law enforcement agency that holds custody of
21property described in subsection (a) of this Section is
22responsible for any damages, storage fees, and related costs
23applicable to property returned. The claimant is not subject to
24any charges by the State for storage of the property or

SB1578- 190 -LRB100 04747 SLF 14754 b
1expenses incurred in the preservation of the property.
2 (725 ILCS 150/16 new)
3 Sec. 16. Abandoned property. Abandoned property shall be
4delivered to the Department of State Police within 30 days. For
5purposes of this Section, "abandoned property" means personal
6property left by an owner who intentionally relinquishes all
7rights to its control. Real property may not be abandoned.
8 (725 ILCS 150/17 new)
9 Sec. 17. Distribution of proceeds; selling or retaining
10seized property prohibited.
11 (a) Except as otherwise provided in this Section, the court
12shall order that property forfeited under this Act be delivered
13to the Department of State Police within 30 days.
14 (b) Upon motion, the court may order that a portion of the
15currency seized or proceeds from public auction be used to pay
16reasonable non-personnel expenses of the seizure, storage, and
17maintenance of custody of any forfeited items.
18 (c) The Department of State Police or its designee shall
19dispose of all non-currency forfeited and abandoned property at
20public auction. The auction proceeds and forfeited currency
21shall first be used to pay all outstanding recorded liens on
22the forfeited property, then to comply with an order of the
23court to pay reasonable non-personnel expenses under
24subsection (b) of this Section, with all remaining funds to be

SB1578- 191 -LRB100 04747 SLF 14754 b
1deposited into the Asset Forfeiture Proceeds Fund.
2 (d) A law enforcement agency shall not retain forfeited or
3abandoned property for its own use or transfer the property to
4any employee of the agency, to a person related to an employee
5by blood or marriage, or to another law enforcement agency.
6 (725 ILCS 150/18 new)
7 Sec. 18. Transfer of forfeitable property to federal
8government.
9 (a) No State, county, or municipal law enforcement agency,
10or prosecuting authority may enter into an agreement to
11transfer or refer seized property to a federal agency directly,
12indirectly, by adoption, through an intergovernmental joint
13taskforce, or by other means for the purposes of forfeiture
14litigation, and instead shall refer the seized property to
15appropriate local or State prosecuting authorities for
16forfeiture litigation under this Act, unless the seized
17property includes U.S. currency in excess of $100,000.
18 (b) If the seized property includes U.S. currency in excess
19of $100,000, a State, county, or municipal law enforcement
20agency may refer or transfer the seized property to a federal
21agency for forfeiture litigation under federal law, but nothing
22in this Section shall be construed to require a referral or
23transfer.
24 (c) Nothing in subsections (a) or (b) of this Section shall
25be construed to restrict a State, county, or municipal law

SB1578- 192 -LRB100 04747 SLF 14754 b
1enforcement agency from collaborating with a federal agency to
2seize contraband or property that the law enforcement agency
3has probable cause to believe is the proceeds or instruments of
4a crime by adoption, through an intergovernmental joint
5taskforce, or by other means.
6 (725 ILCS 150/19 new)
7 Sec. 19. Disposition of property and proceeds from another
8jurisdiction.
9 (a) Forfeited property received from another jurisdiction,
10including the federal government, must be transferred to the
11Department of State Police, sold at public auction by the
12Department of State Police or its designee and deposited into
13the Asset Forfeiture Proceeds Fund.
14 (b) Proceeds from the sale of forfeited property received
15from another jurisdiction, including the federal government,
16must be transferred to the Department of State Police and
17deposited into the Asset Forfeiture Proceeds Fund.
18 (c) If federal law prohibits compliance with subsections
19(a) and (b) of this Section, State and local law enforcement
20agencies are prohibited from seeking or accepting forfeited
21property or proceeds from the federal government.
22 (725 ILCS 150/20 new)
23 Sec. 20. Reporting. Property seized or forfeited under this
24Act is subject to reporting under the Seizure and Forfeiture

SB1578- 193 -LRB100 04747 SLF 14754 b
1Reporting Act.
2 (725 ILCS 150/4 rep.)
3 (725 ILCS 150/6 rep.)
4 (725 ILCS 150/7 rep.)
5 (725 ILCS 150/14 rep.)
6 Section 220. The Drug Asset Forfeiture Procedure Act is
7amended by repealing Sections 4, 6, 7, and 14.
8 Section 225. The Narcotics Profit Forfeiture Act is amended
9by changing Section 5 and by adding Section 6.5 as follows:
10 (725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
11 Sec. 5. (a) A person who commits the offense of narcotics
12racketeering shall:
13 (1) be guilty of a Class 1 felony; and
14 (2) be subject to a fine of up to $250,000.
15 A person who commits the offense of narcotics racketeering
16or who violates Section 3 of the Drug Paraphernalia Control Act
17shall forfeit to the State of Illinois: (A) any profits or
18proceeds and any property or property interest he has acquired
19or maintained in violation of this Act or Section 3 of the Drug
20Paraphernalia Control Act or has used to facilitate a violation
21of this Act that the court determines, after a forfeiture
22hearing, under subsection (b) of this Section to have been
23acquired or maintained as a result of narcotics racketeering or

SB1578- 194 -LRB100 04747 SLF 14754 b
1violating Section 3 of the Drug Paraphernalia Control Act, or
2used to facilitate narcotics racketeering; and (B) any interest
3in, security of, claim against, or property or contractual
4right of any kind affording a source of influence over, any
5enterprise which he has established, operated, controlled,
6conducted, or participated in the conduct of, in violation of
7this Act or Section 3 of the Drug Paraphernalia Control Act,
8that the court determines, after a forfeiture hearing, under
9subsection (b) of this Section to have been acquired or
10maintained as a result of narcotics racketeering or violating
11Section 3 of the Drug Paraphernalia Control Act or used to
12facilitate narcotics racketeering.
13 (b) The court shall, upon petition by the Attorney General
14or State's Attorney, at any time subsequent to the filing of an
15information or return of an indictment, conduct a hearing to
16determine whether any property or property interest is subject
17to forfeiture under this Act. At the forfeiture hearing the
18people shall have the burden of establishing, by clear and
19convincing a preponderance of the evidence, that property or
20property interests are subject to forfeiture under this Act.
21There is a rebuttable presumption at such hearing that any
22property or property interest of a person charged by
23information or indictment with narcotics racketeering or who is
24convicted of a violation of Section 3 of the Drug Paraphernalia
25Control Act is subject to forfeiture under this Section if the
26State establishes by clear and convincing a preponderance of

SB1578- 195 -LRB100 04747 SLF 14754 b
1the evidence that:
2 (1) such property or property interest was acquired by
3 such person during the period of the violation of this Act
4 or Section 3 of the Drug Paraphernalia Control Act or
5 within a reasonable time after such period; and
6 (2) there was no likely source for such property or
7 property interest other than the violation of this Act or
8 Section 3 of the Drug Paraphernalia Control Act.
9 (c) In an action brought by the People of the State of
10Illinois under this Act, wherein any restraining order,
11injunction or prohibition or any other action in connection
12with any property or property interest subject to forfeiture
13under this Act is sought, the circuit court which shall preside
14over the trial of the person or persons charged with narcotics
15racketeering as defined in Section 4 of this Act or violating
16Section 3 of the Drug Paraphernalia Control Act shall first
17determine whether there is probable cause to believe that the
18person or persons so charged has committed the offense of
19narcotics racketeering as defined in Section 4 of this Act or a
20violation of Section 3 of the Drug Paraphernalia Control Act
21and whether the property or property interest is subject to
22forfeiture pursuant to this Act.
23 In order to make such a determination, prior to entering
24any such order, the court shall conduct a hearing without a
25jury, wherein the People shall establish that there is: (i)
26probable cause that the person or persons so charged have

SB1578- 196 -LRB100 04747 SLF 14754 b
1committed the offense of narcotics racketeering or violating
2Section 3 of the Drug Paraphernalia Control Act and (ii)
3probable cause that any property or property interest may be
4subject to forfeiture pursuant to this Act. Such hearing may be
5conducted simultaneously with a preliminary hearing, if the
6prosecution is commenced by information or complaint, or by
7motion of the People, at any stage in the proceedings. The
8court may accept a finding of probable cause at a preliminary
9hearing following the filing of an information charging the
10offense of narcotics racketeering as defined in Section 4 of
11this Act or the return of an indictment by a grand jury
12charging the offense of narcotics racketeering as defined in
13Section 4 of this Act or after a charge is filed for violating
14Section 3 of the Drug Paraphernalia Control Act as sufficient
15evidence of probable cause as provided in item (i) above.
16 Upon such a finding, the circuit court shall enter such
17restraining order, injunction or prohibition, or shall take
18such other action in connection with any such property or
19property interest subject to forfeiture under this Act, as is
20necessary to insure that such property is not removed from the
21jurisdiction of the court, concealed, destroyed or otherwise
22disposed of by the owner of that property or property interest
23prior to a forfeiture hearing under subsection (b) of this
24Section. The Attorney General or State's Attorney shall file a
25certified copy of such restraining order, injunction or other
26prohibition with the recorder of deeds or registrar of titles

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1of each county where any such property of the defendant may be
2located. No such injunction, restraining order or other
3prohibition shall affect the rights of any bona fide purchaser,
4mortgagee, judgment creditor or other lien holder arising prior
5to the date of such filing.
6 The court may, at any time, upon verified petition by the
7defendant, conduct a hearing to release all or portions of any
8such property or interest which the court previously determined
9to be subject to forfeiture or subject to any restraining
10order, injunction, or prohibition or other action. The court
11may release such property to the defendant for good cause shown
12and within the sound discretion of the court.
13 (d) Prosecution under this Act may be commenced by the
14Attorney General or a State's Attorney.
15 (e) Upon an order of forfeiture being entered pursuant to
16subsection (b) of this Section, the court shall authorize the
17Attorney General to seize any property or property interest
18declared forfeited under this Act and under such terms and
19conditions as the court shall deem proper. Any property or
20property interest that has been the subject of an entered
21restraining order, injunction or prohibition or any other
22action filed under subsection (c) shall be forfeited unless the
23claimant can show by a preponderance of the evidence that the
24property or property interest has not been acquired or
25maintained as a result of narcotics racketeering or has not
26been used to facilitate narcotics racketeering.

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1 (f) The Attorney General or his designee is authorized to
2sell all property forfeited and seized pursuant to this Act,
3unless such property is required by law to be destroyed or is
4harmful to the public, and, after the deduction of all
5requisite expenses of administration and sale, shall
6distribute the proceeds of such sale, along with any moneys
7forfeited or seized, in accordance with subsection (g) or (h),
8whichever is applicable.
9 (g) All monies and the sale proceeds of all other property
10forfeited and seized pursuant to this Act shall be deposited
11into the Asset Forfeiture Proceeds Fund. distributed as
12follows:
13 (1) An amount equal to 50% shall be distributed to the
14 unit of local government whose officers or employees
15 conducted the investigation into narcotics racketeering
16 and caused the arrest or arrests and prosecution leading to
17 the forfeiture. Amounts distributed to units of local
18 government shall be used for enforcement of laws governing
19 narcotics activity or for public education in the community
20 or schools in the prevention or detection of the abuse of
21 drugs or alcohol. In the event, however, that the
22 investigation, arrest or arrests and prosecution leading
23 to the forfeiture were undertaken solely by a State agency,
24 the portion provided hereunder shall be paid into the Drug
25 Traffic Prevention Fund in the State treasury to be used
26 for enforcement of laws governing narcotics activity.

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1 (2) An amount equal to 12.5% shall be distributed to
2 the county in which the prosecution resulting in the
3 forfeiture was instituted, deposited in a special fund in
4 the county treasury and appropriated to the State's
5 Attorney for use in the enforcement of laws governing
6 narcotics activity or for public education in the community
7 or schools in the prevention or detection of the abuse of
8 drugs or alcohol.
9 An amount equal to 12.5% shall be distributed to the
10 Office of the State's Attorneys Appellate Prosecutor and
11 deposited in the Narcotics Profit Forfeiture Fund, which is
12 hereby created in the State treasury, to be used by the
13 Office of the State's Attorneys Appellate Prosecutor for
14 additional expenses incurred in prosecuting appeals
15 arising under this Act. Any amounts remaining in the Fund
16 after all additional expenses have been paid shall be used
17 by the Office to reduce the participating county
18 contributions to the Office on a pro-rated basis as
19 determined by the board of governors of the Office of the
20 State's Attorneys Appellate Prosecutor based on the
21 populations of the participating counties.
22 (3) An amount equal to 25% shall be paid into the Drug
23 Traffic Prevention Fund in the State treasury to be used by
24 the Department of State Police for funding Metropolitan
25 Enforcement Groups created pursuant to the
26 Intergovernmental Drug Laws Enforcement Act. Any amounts

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1 remaining in the Fund after full funding of Metropolitan
2 Enforcement Groups shall be used for enforcement, by the
3 State or any unit of local government, of laws governing
4 narcotics activity or for public education in the community
5 or schools in the prevention or detection of the abuse of
6 drugs or alcohol.
7 (h) Where the investigation or indictment for the offense
8of narcotics racketeering or a violation of Section 3 of the
9Drug Paraphernalia Control Act has occurred under the
10provisions of the Statewide Grand Jury Act, all monies and the
11sale proceeds of all other property shall be distributed as
12follows:
13 (1) (Blank). 60% shall be distributed to the
14 metropolitan enforcement group, local, municipal, county,
15 or State law enforcement agency or agencies which conducted
16 or participated in the investigation resulting in the
17 forfeiture. The distribution shall bear a reasonable
18 relationship to the degree of direct participation of the
19 law enforcement agency in the effort resulting in the
20 forfeiture, taking into account the total value of the
21 property forfeited and the total law enforcement effort
22 with respect to the violation of the law on which the
23 forfeiture is based. Amounts distributed to the agency or
24 agencies shall be used for the enforcement of laws
25 governing cannabis and controlled substances or for public
26 education in the community or schools in the prevention or

SB1578- 201 -LRB100 04747 SLF 14754 b
1 detection of the abuse of drugs or alcohol.
2 (2) 25% shall be distributed by the Attorney General as
3 grants to drug education, treatment and prevention
4 programs licensed or approved by the Department of Human
5 Services. In making these grants, the Attorney General
6 shall take into account the plans and service priorities
7 of, and the needs identified by, the Department of Human
8 Services.
9 (3) 75% shall be deposited into the Asset Forfeiture
10 Proceeds Fund. 15% shall be distributed to the Attorney
11 General and the State's Attorney, if any, participating in
12 the prosecution resulting in the forfeiture. The
13 distribution shall bear a reasonable relationship to the
14 degree of direct participation in the prosecution of the
15 offense, taking into account the total value of the
16 property forfeited and the total amount of time spent in
17 preparing and presenting the case, the complexity of the
18 case and other similar factors. Amounts distributed to the
19 Attorney General under this paragraph shall be retained in
20 a fund held by the State Treasurer as ex-officio custodian
21 to be designated as the Statewide Grand Jury Prosecution
22 Fund and paid out upon the direction of the Attorney
23 General for expenses incurred in criminal prosecutions
24 arising under the Statewide Grand Jury Act. Amounts
25 distributed to a State's Attorney shall be deposited in a
26 special fund in the county treasury and appropriated to the

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1 State's Attorney for use in the enforcement of laws
2 governing narcotics activity or for public education in the
3 community or schools in the prevention or detection of the
4 abuse of drugs or alcohol.
5 (i) (Blank). All monies deposited pursuant to this Act in
6the Drug Traffic Prevention Fund established under Section
75-9-1.2 of the Unified Code of Corrections are appropriated, on
8a continuing basis, to the Department of State Police to be
9used for funding Metropolitan Enforcement Groups created
10pursuant to the Intergovernmental Drug Laws Enforcement Act or
11otherwise for the enforcement of laws governing narcotics
12activity or for public education in the community or schools in
13the prevention or detection of the abuse of drugs or alcohol.
14(Source: P.A. 99-686, eff. 7-29-16.)
15 (725 ILCS 175/6.5 new)
16 Sec. 6.5. Reporting. Property seized or forfeited under
17this Article is subject to reporting under the Seizure and
18Forfeiture Reporting Act.
19 Section 230. The Illinois Streetgang Terrorism Omnibus
20Prevention Act is amended by changing Section 40 as follows:
21 (740 ILCS 147/40)
22 Sec. 40. Forfeiture Contraband.
23 (a) The following are subject to seizure or forfeiture

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1declared to be contraband and no person shall have a property
2interest in them:
3 (1) any property that is directly or indirectly used or
4 intended for use in any manner to facilitate streetgang
5 related activity; and
6 (2) any property constituting or derived from gross
7 profits or other proceeds obtained from streetgang related
8 activity.
9 (b) Property subject to forfeiture under this Section may
10be seized under the procedures under Section 36-2.1 of the
11Criminal Code of 2012, except that seizure of real property may
12occur only under a court order issued after proper notice to
13property owners and an opportunity for a contested hearing to
14determine the sufficiency of probable cause for the seizure.
15Nothing in this subsection (b) prohibits the prosecuting
16attorney from seeking a lis pendens or restraining order to
17hinder the sale or destruction of real property.
18 (c) The State's Attorney may initiate forfeiture
19proceedings under the procedures in Article 36 of the Criminal
20Code of 2012. The State shall bear the burden of proving by
21clear and convincing evidence that the property was acquired
22through a pattern of streetgang related activity with the
23knowledge and consent of the owner.
24 (d) Property forfeited under this Section shall be disposed
25of under Section 36-7 of the Criminal Code of 2012 for the
26forfeiture of vehicles, vessels, and aircraft.

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1 (e) Property seized or forfeited under this Section is
2subject to reporting under the Seizure and Forfeiture Reporting
3Act. Within 60 days of the date of the seizure of contraband
4under this Section, the State's Attorney shall initiate
5forfeiture proceedings as provided in Article 36 of the
6Criminal Code of 2012. An owner or person who has a lien on the
7property may establish as a defense to the forfeiture of
8property that is subject to forfeiture under this Section that
9the owner or lienholder had no knowledge that the property was
10acquired through a pattern of streetgang related activity.
11Property that is forfeited under this Section shall be disposed
12of as provided in Article 36 of the Criminal Code of 2012 for
13the forfeiture of vehicles, vessels, and aircraft. The proceeds
14of the disposition shall be paid to the Gang Violence Victims
15and Witnesses Fund to be used to assist in the prosecution of
16gang crimes.
17(Source: P.A. 97-1150, eff. 1-25-13.)
18 Section 235. The Illinois Securities Law of 1953 is amended
19by changing Section 11 as follows:
20 (815 ILCS 5/11) (from Ch. 121 1/2, par. 137.11)
21 Sec. 11. Duties and powers of the Secretary of State.
22 A. (1) The administration of this Act is vested in the
23Secretary of State, who may from time to time make, amend and
24rescind such rules and regulations as may be necessary to carry

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1out this Act, including rules and regulations governing
2procedures of registration, statements, applications and
3reports for various classes of securities, persons and matters
4within his or her jurisdiction and defining any terms, whether
5or not used in this Act, insofar as the definitions are not
6inconsistent with this Act. The rules and regulations adopted
7by the Secretary of State under this Act shall be effective in
8the manner provided for in the Illinois Administrative
9Procedure Act.
10 (2) Among other things, the Secretary of State shall have
11authority, for the purposes of this Act, to prescribe the form
12or forms in which required information shall be set forth,
13accounting practices, the items or details to be shown in
14balance sheets and earning statements, and the methods to be
15followed in the preparation of accounts, in the appraisal or
16valuation of assets and liabilities, in the determination of
17depreciation and depletion, in the differentiation of
18recurring and non-recurring income, in the differentiation of
19investment and operating income, and in the preparation of
20consolidated balance sheets or income accounts of any person,
21directly or indirectly, controlling or controlled by the
22issuer, or any person under direct or indirect common control
23with the issuer.
24 (3) No provision of this Act imposing any liability shall
25apply to any act done or omitted in good faith in conformity
26with any rule or regulation of the Secretary of State under

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1this Act, notwithstanding that the rule or regulation may,
2after the act or omission, be amended or rescinded or be
3determined by judicial or other authority to be invalid for any
4reason.
5 (4) The Securities Department of the Office of the
6Secretary of State shall be deemed a criminal justice agency
7for purposes of all federal and state laws and regulations and,
8in that capacity, shall be entitled to access to any
9information available to criminal justice agencies and has the
10power to appoint special agents to conduct all investigations,
11searches, seizures, arrests, and other duties imposed under the
12provisions of any law administered by the Department. The
13special agents have and may exercise all the powers of peace
14officers solely for the purpose of enforcing provisions of this
15Act.
16 The Director must authorize to each special agent employed
17under this Section a distinct badge that, on its face, (i)
18clearly states that the badge is authorized by the Department
19and (ii) contains a unique and identifying number.
20 Special agents shall comply with all training requirements
21established for law enforcement officers by provisions of the
22Illinois Police Training Act.
23 (5) The Secretary of State, by rule, may conditionally or
24unconditionally exempt any person, security, or transaction,
25or any class or classes of persons, securities, or transactions
26from any provision of Section 5, 6, 7, 8, 8a, or 9 of this Act

SB1578- 207 -LRB100 04747 SLF 14754 b
1or of any rule promulgated under these Sections, to the extent
2that such exemption is necessary or appropriate in the public
3interest, and is consistent with the protection of investors.
4 B. The Secretary of State may, anything in this Act to the
5contrary notwithstanding, require financial statements and
6reports of the issuer, dealer, Internet portal, salesperson,
7investment adviser, or investment adviser representative as
8often as circumstances may warrant. In addition, the Secretary
9of State may secure information or books and records from or
10through others and may make or cause to be made investigations
11respecting the business, affairs, and property of the issuer of
12securities, any person involved in the sale or offer for sale,
13purchase or offer to purchase of any mineral investment
14contract, mineral deferred delivery contract, or security and
15of dealers, Internet portals, salespersons, investment
16advisers, and investment adviser representatives that are
17registered or are the subject of an application for
18registration under this Act. The costs of an investigation
19shall be borne by the registrant or the applicant, provided
20that the registrant or applicant shall not be obligated to pay
21the costs without his, her or its consent in advance.
22 C. Whenever it shall appear to the Secretary of State,
23either upon complaint or otherwise, that this Act, or any rule
24or regulation prescribed under authority thereof, has been or
25is about to be violated, he or she may, in his or her
26discretion, do one or more of the following:

SB1578- 208 -LRB100 04747 SLF 14754 b
1 (1) require or permit the person to file with the
2 Secretary of State a statement in writing under oath, or
3 otherwise, as to all the facts and circumstances concerning
4 the subject matter which the Secretary of State believes to
5 be in the public interest to investigate, audit, examine,
6 or inspect;
7 (2) conduct an investigation, audit, examination, or
8 inspection as necessary or advisable for the protection of
9 the interests of the public; and
10 (3) appoint investigators to conduct all
11 investigations, searches, seizures, arrests, and other
12 duties imposed under the provisions of any law administered
13 by the Department. The Director must authorize to each
14 investigator employed under this Section a distinct badge
15 that, on its face, (i) clearly states that the badge is
16 authorized by the Department and (ii) contains a unique and
17 identifying number.
18 D. (1) For the purpose of all investigations, audits,
19examinations, or inspections which in the opinion of the
20Secretary of State are necessary and proper for the enforcement
21of this Act, the Secretary of State or a person designated by
22him or her is empowered to administer oaths and affirmations,
23subpoena witnesses, take evidence, and require, by subpoena or
24other lawful means provided by this Act or the rules adopted by
25the Secretary of State, the production of any books and
26records, papers, or other documents which the Secretary of

SB1578- 209 -LRB100 04747 SLF 14754 b
1State or a person designated by him or her deems relevant or
2material to the inquiry.
3 (2) The Secretary of State or a person designated by him or
4her is further empowered to administer oaths and affirmations,
5subpoena witnesses, take evidence, and require the production
6of any books and records, papers, or other documents in this
7State at the request of a securities agency of another state,
8if the activities constituting the alleged violation for which
9the information is sought would be in violation of Section 12
10of this Act if the activities had occurred in this State.
11 (3) The Circuit Court of any County of this State, upon
12application of the Secretary of State or a person designated by
13him or her may order the attendance of witnesses, the
14production of books and records, papers, accounts and documents
15and the giving of testimony before the Secretary of State or a
16person designated by him or her; and any failure to obey the
17order may be punished by the Circuit Court as a contempt
18thereof.
19 (4) The fees of subpoenaed witnesses under this Act for
20attendance and travel shall be the same as fees of witnesses
21before the Circuit Courts of this State, to be paid when the
22witness is excused from further attendance, provided, the
23witness is subpoenaed at the instance of the Secretary of
24State; and payment of the fees shall be made and audited in the
25same manner as other expenses of the Secretary of State.
26 (5) Whenever a subpoena is issued at the request of a

SB1578- 210 -LRB100 04747 SLF 14754 b
1complainant or respondent as the case may be, the Secretary of
2State may require that the cost of service and the fee of the
3witness shall be borne by the party at whose instance the
4witness is summoned.
5 (6) The Secretary of State shall have power at his or her
6discretion, to require a deposit to cover the cost of the
7service and witness fees and the payment of the legal witness
8fee and mileage to the witness served with subpoena.
9 (7) A subpoena issued under this Act shall be served in the
10same manner as a subpoena issued out of a circuit court.
11 (8) The Secretary of State may in any investigation,
12audits, examinations, or inspections cause the taking of
13depositions of persons residing within or without this State in
14the manner provided in civil actions under the laws of this
15State.
16 E. Anything in this Act to the contrary notwithstanding:
17 (1) If the Secretary of State shall find that the offer
18 or sale or proposed offer or sale or method of offer or
19 sale of any securities by any person, whether exempt or
20 not, in this State, is fraudulent, or would work or tend to
21 work a fraud or deceit, or is being offered or sold in
22 violation of Section 12, or there has been a failure or
23 refusal to submit any notification filing or fee required
24 under this Act, the Secretary of State may by written order
25 prohibit or suspend the offer or sale of securities by that
26 person or deny or revoke the registration of the securities

SB1578- 211 -LRB100 04747 SLF 14754 b
1 or the exemption from registration for the securities.
2 (2) If the Secretary of State shall find that any
3 person has violated subsection C, D, E, F, G, H, I, J, or K
4 of Section 12 of this Act, the Secretary of State may by
5 written order temporarily or permanently prohibit or
6 suspend the person from offering or selling any securities,
7 any mineral investment contract, or any mineral deferred
8 delivery contract in this State, provided that any person
9 who is the subject of an order of permanent prohibition may
10 petition the Secretary of State for a hearing to present
11 evidence of rehabilitation or change in circumstances
12 justifying the amendment or termination of the order of
13 permanent prohibition.
14 (3) If the Secretary of State shall find that any
15 person is engaging or has engaged in the business of
16 selling or offering for sale securities as a dealer,
17 Internet portal, or salesperson or is acting or has acted
18 as an investment adviser, investment adviser
19 representative, or federal covered investment adviser,
20 without prior thereto and at the time thereof having
21 complied with the registration or notice filing
22 requirements of this Act, the Secretary of State may by
23 written order prohibit or suspend the person from engaging
24 in the business of selling or offering for sale securities,
25 or acting as an investment adviser, investment adviser
26 representative, or federal covered investment adviser, in

SB1578- 212 -LRB100 04747 SLF 14754 b
1 this State.
2 (4) In addition to any other sanction or remedy
3 contained in this subsection E, the Secretary of State,
4 after finding that any provision of this Act has been
5 violated, may impose a fine as provided by rule, regulation
6 or order not to exceed $10,000 for each violation of this
7 Act, may issue an order of public censure against the
8 violator, and may charge as costs of investigation all
9 reasonable expenses, including attorney's fees and witness
10 fees.
11 F. (1) The Secretary of State shall not deny, suspend or
12revoke the registration of securities, suspend or revoke the
13registration of a dealer, Internet portal, salesperson,
14investment adviser, or investment adviser representative,
15prohibit or suspend the offer or sale of any securities,
16prohibit or suspend any person from offering or selling any
17securities in this State, prohibit or suspend a dealer or
18salesperson from engaging in the business of selling or
19offering for sale securities, prohibit or suspend a person from
20acting as an investment adviser or federal covered investment
21adviser, or investment adviser representative, impose any fine
22for violation of this Act, issue an order of public censure, or
23enter into an agreed settlement except after an opportunity for
24hearing upon not less than 10 days notice given by personal
25service or registered mail or certified mail, return receipt
26requested, to the person or persons concerned. Such notice

SB1578- 213 -LRB100 04747 SLF 14754 b
1shall state the date and time and place of the hearing and
2shall contain a brief statement of the proposed action of the
3Secretary of State and the grounds for the proposed action. A
4failure to appear at the hearing or otherwise respond to the
5allegations set forth in the notice of hearing shall constitute
6an admission of any facts alleged therein and shall constitute
7sufficient basis to enter an order.
8 (2) Anything herein contained to the contrary
9notwithstanding, the Secretary of State may temporarily
10prohibit or suspend, for a maximum period of 90 days, by an
11order effective immediately, the offer or sale or registration
12of securities, the registration of a dealer, Internet portal,
13salesperson, investment adviser, or investment adviser
14representative, or the offer or sale of securities by any
15person, or the business of rendering investment advice, without
16the notice and prior hearing in this subsection prescribed, if
17the Secretary of State shall in his or her opinion, based on
18credible evidence, deem it necessary to prevent an imminent
19violation of this Act or to prevent losses to investors which
20the Secretary of State reasonably believes will occur as a
21result of a prior violation of this Act. Immediately after
22taking action without such notice and hearing, the Secretary of
23State shall deliver a copy of the temporary order to the
24respondent named therein by personal service or registered mail
25or certified mail, return receipt requested. The temporary
26order shall set forth the grounds for the action and shall

SB1578- 214 -LRB100 04747 SLF 14754 b
1advise that the respondent may request a hearing, that the
2request for a hearing will not stop the effectiveness of the
3temporary order and that respondent's failure to request a
4hearing within 30 days after the date of the entry of the
5temporary order shall constitute an admission of any facts
6alleged therein and shall constitute sufficient basis to make
7the temporary order final. Any provision of this paragraph (2)
8to the contrary notwithstanding, the Secretary of State may not
9pursuant to the provisions of this paragraph (2) suspend the
10registration of a dealer, limited Canadian dealer,
11salesperson, investment adviser, or investment adviser
12representative based upon sub-paragraph (n) of paragraph (l) of
13subsection E of Section 8 of this Act or revoke the
14registration of securities or revoke the registration of any
15dealer, salesperson, investment adviser representative, or
16investment adviser.
17 (3) The Secretary of State may issue a temporary order
18suspending or delaying the effectiveness of any registration of
19securities under subsection A or B of Section 5, 6 or 7 of this
20Act subsequent to and upon the basis of the issuance of any
21stop, suspension or similar order by the Securities and
22Exchange Commission with respect to the securities which are
23the subject of the registration under subsection A or B of
24Section 5, 6 or 7 of this Act, and the order shall become
25effective as of the date and time of effectiveness of the
26Securities and Exchange Commission order and shall be vacated

SB1578- 215 -LRB100 04747 SLF 14754 b
1automatically at such time as the order of the Securities and
2Exchange Commission is no longer in effect.
3 (4) When the Secretary of State finds that an application
4for registration as a dealer, Internet portal, salesperson,
5investment adviser, or investment adviser representative
6should be denied, the Secretary of State may enter an order
7denying the registration. Immediately after taking such
8action, the Secretary of State shall deliver a copy of the
9order to the respondent named therein by personal service or
10registered mail or certified mail, return receipt requested.
11The order shall state the grounds for the action and that the
12matter will be set for hearing upon written request filed with
13the Secretary of State within 30 days after the receipt of the
14request by the respondent. The respondent's failure to request
15a hearing within 30 days after receipt of the order shall
16constitute an admission of any facts alleged therein and shall
17make the order final. If a hearing is held, the Secretary of
18State shall affirm, vacate, or modify the order.
19 (5) The findings and decision of the Secretary of State
20upon the conclusion of each final hearing held pursuant to this
21subsection shall be set forth in a written order signed on
22behalf of the Secretary of State by his or her designee and
23shall be filed as a public record. All hearings shall be held
24before a person designated by the Secretary of State, and
25appropriate records thereof shall be kept.
26 (6) Notwithstanding the foregoing, the Secretary of State,

SB1578- 216 -LRB100 04747 SLF 14754 b
1after notice and opportunity for hearing, may at his or her
2discretion enter into an agreed settlement, stipulation or
3consent order with a respondent in accordance with the
4provisions of the Illinois Administrative Procedure Act. The
5provisions of the agreed settlement, stipulation or consent
6order shall have the full force and effect of an order issued
7by the Secretary of State.
8 (7) Anything in this Act to the contrary notwithstanding,
9whenever the Secretary of State finds that a person is
10currently expelled from, refused membership in or association
11with, or limited in any material capacity by a self-regulatory
12organization registered under the Federal 1934 Act or the
13Federal 1974 Act because of a fraudulent or deceptive act or a
14practice in violation of a rule, regulation, or standard duly
15promulgated by the self-regulatory organization, the Secretary
16of State may, at his or her discretion, enter a Summary Order
17of Prohibition, which shall prohibit the offer or sale of any
18securities, mineral investment contract, or mineral deferred
19delivery contract by the person in this State. The order shall
20take effect immediately upon its entry. Immediately after
21taking the action the Secretary of State shall deliver a copy
22of the order to the named Respondent by personal service or
23registered mail or certified mail, return receipt requested. A
24person who is the subject of an Order of Prohibition may
25petition the Secretary of State for a hearing to present
26evidence of rehabilitation or change in circumstances

SB1578- 217 -LRB100 04747 SLF 14754 b
1justifying the amendment or termination of the Order of
2Prohibition.
3 G. No administrative action shall be brought by the
4Secretary of State for relief under this Act or upon or because
5of any of the matters for which relief is granted by this Act
6after the earlier to occur of (i) 3 years from the date upon
7which the Secretary of State had notice of facts which in the
8exercise of reasonable diligence would lead to actual knowledge
9of the alleged violation of the Act, or (ii) 5 years from the
10date on which the alleged violation occurred.
11 H. The action of the Secretary of State in denying,
12suspending, or revoking the registration of a dealer, Internet
13portal, limited Canadian dealer, salesperson, investment
14adviser, or investment adviser representative, in prohibiting
15any person from engaging in the business of offering or selling
16securities as a dealer, limited Canadian dealer, or
17salesperson, in prohibiting or suspending the offer or sale of
18securities by any person, in prohibiting a person from acting
19as an investment adviser, federal covered investment adviser,
20or investment adviser representative, in denying, suspending,
21or revoking the registration of securities, in prohibiting or
22suspending the offer or sale or proposed offer or sale of
23securities, in imposing any fine for violation of this Act, or
24in issuing any order shall be subject to judicial review in the
25Circuit Courts of Cook or Sangamon Counties in this State. The
26Administrative Review Law shall apply to and govern every

SB1578- 218 -LRB100 04747 SLF 14754 b
1action for the judicial review of final actions or decisions of
2the Secretary of State under this Act.
3 I. Notwithstanding any other provisions of this Act to the
4contrary, whenever it shall appear to the Secretary of State
5that any person is engaged or about to engage in any acts or
6practices which constitute or will constitute a violation of
7this Act or of any rule or regulation prescribed under
8authority of this Act, the Secretary of State may at his or her
9discretion, through the Attorney General take any of the
10following actions:
11 (1) File a complaint and apply for a temporary
12 restraining order without notice, and upon a proper showing
13 the court may enter a temporary restraining order without
14 bond, to enforce this Act.
15 (2) File a complaint and apply for a preliminary or
16 permanent injunction, and, after notice and a hearing and
17 upon a proper showing, the court may grant a preliminary or
18 permanent injunction and may order the defendant to make an
19 offer of rescission with respect to any sales or purchases
20 of securities, mineral investment contracts, or mineral
21 deferred delivery contracts determined by the court to be
22 unlawful under this Act.
23 (3) Seek the seizure of assets when probable cause
24 exists that the assets were obtained by a defendant through
25 conduct in violation of Section 12, paragraph F, G, I, J,
26 K, or L of this Act, and thereby subject to a judicial

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1 forfeiture hearing as required under this Act.
2 (a) In the event that such probable cause exists
3 that the subject of an investigation who is alleged to
4 have committed one of the relevant violations of this
5 Act has in his possession assets obtained as a result
6 of the conduct giving rise to the violation, the
7 Secretary of State may seek a seizure warrant in any
8 circuit court in Illinois.
9 (b) In seeking a seizure warrant, the Secretary of
10 State, or his or her designee, shall submit to the
11 court a sworn affidavit detailing the probable cause
12 evidence for the seizure, the location of the assets to
13 be seized, the relevant violation under Section 12 of
14 this Act, and a statement detailing any known owners or
15 interest holders in the assets.
16 (c) Seizure of the assets shall be made by any
17 peace officer upon process of the seizure warrant
18 issued by the court. Following the seizure of assets
19 under this Act and pursuant to a seizure warrant,
20 notice of seizure, including a description of the
21 seized assets, shall immediately be returned to the
22 issuing court. Seized assets shall be maintained
23 pending a judicial forfeiture hearing in accordance
24 with the instructions of the court. Assets seized under
25 this Section are subject to reporting under the Seizure
26 and Forfeiture Reporting Act.

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1 (d) In the event that management of seized assets
2 becomes necessary to prevent the devaluation,
3 dissipation, or otherwise to preserve the property,
4 the court shall have jurisdiction to appoint a
5 receiver, conservator, ancillary receiver, or
6 ancillary conservator for that purpose, as provided in
7 item (2) of this subsection.
8 (4) Seek the forfeiture of assets obtained through
9 conduct in violation of Section 12, paragraph F, G, H, I,
10 J, K, or L when authorized by law. A forfeiture must be
11 ordered by a circuit court or an action brought by the
12 Secretary of State as provided for in this Act, under a
13 verified complaint for forfeiture.
14 (a) In the event assets have been seized pursuant
15 to this Act, forfeiture proceedings shall be
16 instituted by the Attorney General within 45 days of
17 seizure.
18 (b) Service of the complaint filed under the
19 provisions of this Act shall be made in the manner as
20 provided in civil actions in this State.
21 (c) Only an owner of or interest holder in the
22 property may file an answer asserting a claim against
23 the property. For purposes of this Section, the owner
24 or interest holder shall be referred to as claimant.
25 (d) The answer must be signed by the owner or
26 interest holder under penalty of perjury and must set

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1 forth:
2 (i) the caption of the proceedings as set forth
3 on the notice of pending forfeiture and the name of
4 the claimant;
5 (ii) the address at which the claimant will
6 accept mail;
7 (iii) the nature and extent of the claimant's
8 interest in the property;
9 (iv) the date, identity of the transferor, and
10 circumstances of the claimant's acquisition of the
11 interest in the property;
12 (v) the name and address of all other persons
13 known to have an interest in the property;
14 (vi) the specific provisions of this Act
15 relied on in asserting that the property is not
16 subject to forfeiture;
17 (vii) all essential facts supporting each
18 assertion; and
19 (viii) the precise relief sought.
20 (e) The answer must be filed with the court within
21 45 days after service of the complaint.
22 (f) A property interest is exempt from forfeiture
23 under this Act if its owner or interest holder
24 establishes by a preponderance of evidence that the
25 owner or interest holder:
26 (i) is not legally accountable for the conduct

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1 giving rise to the forfeiture, did not acquiesce in
2 it, and did not know and could not reasonably have
3 known of the conduct or that the conduct was likely
4 to occur;
5 (ii) with respect to conveyances, did not hold
6 the property jointly or in common with a person
7 whose conduct gave rise to the forfeiture;
8 (iii) does not hold the property for the
9 benefit of or as a nominee for any person whose
10 conduct gave rise to its forfeiture and the owner
11 or interest holder acquires it as a bona fide
12 purchaser for value without knowingly taking part
13 in the conduct giving rise to the forfeiture; or
14 (iv) acquired the interest after the
15 commencement of the conduct giving rise to its
16 forfeiture and the owner or interest holder
17 acquired the interest as a mortgagee, secured
18 creditor, lienholder, or bona fide purchaser for
19 value without knowledge of the conduct that gave
20 rise to the forfeiture.
21 (g) The hearing must be held within 60 days after
22 the answer is filed unless continued for good cause.
23 (h) During the probable cause portion of the
24 judicial in rem proceeding wherein the Secretary of
25 State presents its case-in-chief, the court must
26 receive and consider, among other things, any relevant

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1 hearsay evidence and information. The laws of evidence
2 relating to civil actions shall apply to all other
3 portions of the judicial in rem proceeding.
4 (i) The Secretary of State shall show the existence
5 of probable cause for forfeiture of the property. If
6 the Secretary of State shows probable cause, the
7 claimant has the burden of showing by a preponderance
8 of the evidence that the claimant's interest in the
9 property is not subject to forfeiture.
10 (j) If the Secretary of State does not show the
11 existence of probable cause or a claimant has an
12 interest that is exempt under subdivision I (4)(d) of
13 this Section, the court shall order the interest in the
14 property returned or conveyed to the claimant and shall
15 order all other property forfeited to the Secretary of
16 State pursuant to all provisions of this Act. If the
17 Secretary of State does show the existence of probable
18 cause and the claimant does not establish by a
19 preponderance of the evidence that the claimant has an
20 interest that is exempt under subsection D herein, the
21 court shall order all the property forfeited to the
22 Secretary of State pursuant to the provisions of the
23 Section.
24 (k) A defendant convicted in any criminal
25 proceeding is precluded from later denying the
26 essential allegations of the criminal offense of which

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1 the defendant was convicted in any proceeding for
2 violations of the Act giving rise to forfeiture of
3 property herein regardless of the pendency of an appeal
4 from that conviction. However, evidence of the
5 pendency of an appeal is admissible.
6 (l) An acquittal or dismissal in a criminal
7 proceeding for violations of the Act giving rise to the
8 forfeiture of property herein shall not preclude civil
9 proceedings under this provision; however, for good
10 cause shown, on a motion by the Secretary of State, the
11 court may stay civil forfeiture proceedings during the
12 criminal trial for a related criminal indictment or
13 information alleging violation of the provisions of
14 Section 12 of the Illinois Securities Law of 1953.
15 Property subject to forfeiture under this Section
16 shall not be subject to return or release by a court
17 exercising jurisdiction over a criminal case involving
18 the seizure of the property unless the return or
19 release is consented to by the Secretary of State.
20 (m) All property declared forfeited under this Act
21