|
under subsection (a). |
(e) Upon making a finding of probable cause as required |
under this Section, and after taking into account the |
respective interests of all known claimants to the property |
including the State, the circuit court shall enter a |
restraining order or injunction, or take other appropriate |
action, as necessary to ensure that the property is not removed |
from the court's jurisdiction and is not concealed, destroyed, |
or otherwise disposed of by the property owner or interest |
holder before a forfeiture hearing is conducted.
|
Section 6. The Cannabis Control Act is amended by changing |
Section 12 as follows:
|
(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
|
Sec. 12. (a) The following are subject to forfeiture:
|
(1) all substances containing cannabis which have been |
produced,
manufactured, delivered, or possessed in |
violation of this Act;
|
(2) all raw materials, products and equipment of any |
kind which are
produced, delivered, or possessed in |
connection with any substance
containing cannabis in |
violation of this Act;
|
(3) all conveyances, including aircraft, vehicles or |
vessels, which
are used, or intended for use, to transport, |
or in any manner to
facilitate the transportation, sale, |
|
receipt, possession, or
concealment of property described |
in paragraph (1) or (2) that constitutes
a felony violation |
of the Act, but:
|
(i) no conveyance used by any person as a common |
carrier in the
transaction of business as a common |
carrier is subject to forfeiture
under this Section |
unless it appears that the owner or other person in
|
charge of the conveyance is a consenting party or privy |
to a violation
of this Act;
|
(ii) no conveyance is subject to forfeiture under |
this Section by
reason of any act or omission which the |
owner proves to have been
committed or omitted without |
his knowledge or consent;
|
(iii) a forfeiture of a conveyance encumbered by a |
bona fide
security interest is subject to the interest |
of the secured party if he
neither had knowledge of nor |
consented to the act or omission;
|
(4) all money, things of value, books, records, and |
research
products and materials including formulas, |
microfilm, tapes, and data
which are used, or intended for |
use in a felony violation of this Act;
|
(5) everything of value furnished or intended to be |
furnished by any
person in exchange for a substance in |
violation of this Act, all proceeds
traceable to such an |
exchange, and all moneys, negotiable instruments, and
|
securities used, or intended to be used, to commit or in |
|
any manner to
facilitate any felony violation of this Act;
|
(6) all real property, including any right, title, and |
interest including, but not limited to, any leasehold |
interest or the beneficial interest to a land trust, in the |
whole of any lot or tract of land and any appurtenances or |
improvements, that is used or intended to be used to |
facilitate the manufacture, distribution, sale, receipt, |
or concealment of property described in paragraph (1) or |
(2) of this subsection (a) that constitutes a felony |
violation of more than 2,000 grams of a substance |
containing cannabis or that is the proceeds of any felony |
violation of this Act. |
(b) Property subject to forfeiture under this Act may be |
seized by
the Director or any peace officer upon process or |
seizure warrant issued by
any court having jurisdiction over |
the property. Seizure by the Director
or any peace officer |
without process may be made:
|
(1) if the property subject to seizure has been the |
subject of a
prior judgment in favor of the State in a |
criminal proceeding or
in an injunction or forfeiture |
proceeding based upon this Act or the Drug
Asset Forfeiture |
Procedure Act;
|
(2) if there is probable cause to believe that the |
property is
directly or indirectly dangerous to health or |
safety;
|
(3) if there is probable cause to believe that the |
|
property is subject
to forfeiture under this Act and the |
property is seized under
circumstances in which a |
warrantless seizure or arrest would be reasonable; or
|
(4) in accordance with the Code of Criminal Procedure |
of 1963.
|
(c) In the event of seizure pursuant to subsection (b), |
notice shall be given forthwith to all known interest holders |
that forfeiture
proceedings, including a preliminary review, |
shall be instituted in accordance with the
Drug Asset |
Forfeiture Procedure Act and such proceedings shall thereafter |
be instituted in accordance with that Act. Upon a showing of |
good cause, the notice required for a preliminary review under |
this Section may be postponed.
|
(c-1) In the event the State's Attorney is of the opinion |
that real property is subject to forfeiture under this Act, |
forfeiture proceedings shall be instituted in accordance with |
the Drug Asset Forfeiture Procedure Act. The exemptions from |
forfeiture provisions of Section 8 of the Drug Asset Forfeiture |
Procedure Act are applicable. |
(d) Property taken or detained under this Section shall not |
be
subject to replevin, but is deemed to be in the custody of |
the Director
subject only to the order and judgments of the |
circuit court having
jurisdiction over the forfeiture |
proceedings and the decisions of the
State's Attorney under the |
Drug Asset Forfeiture Procedure Act. When
property is seized |
under this Act, the seizing agency shall promptly
conduct an |
|
inventory of the seized property, estimate the property's |
value,
and shall forward a copy of the inventory of seized |
property and the
estimate of the property's value to the |
Director. Upon receiving notice of
seizure, the Director may:
|
(1) place the property under seal;
|
(2) remove the property to a place designated by him;
|
(3) keep the property in the possession of the seizing |
agency;
|
(4) remove the property to a storage area for |
safekeeping or, if the
property is a negotiable instrument |
or money and is not needed for
evidentiary purposes, |
deposit it in an interest bearing account;
|
(5) place the property under constructive seizure by |
posting notice of
pending forfeiture on it, by giving |
notice of pending forfeiture to its
owners and interest |
holders, or by filing notice of pending forfeiture in
any |
appropriate public record relating to the property; or
|
(6) provide for another agency or custodian, including |
an owner, secured
party, or lienholder, to take custody of |
the property upon the terms and
conditions set by the |
Director.
|
(e) No disposition may be made of property under seal until |
the time
for taking an appeal has elapsed or until all appeals |
have been
concluded unless a court, upon application therefor, |
orders the sale of
perishable substances and the deposit of the |
proceeds of the sale with
the court.
|
|
(f) When property is forfeited under this Act the Director |
shall
sell all such property unless such property is required |
by law to be
destroyed or is harmful to the public, and shall |
distribute the proceeds of
the sale, together with any moneys |
forfeited or seized, in accordance
with subsection (g). |
However, upon the application of the seizing agency or
|
prosecutor who was responsible for the investigation, arrest or |
arrests and
prosecution which lead to the forfeiture, the |
Director may return any item
of forfeited property to the |
seizing agency or prosecutor for official use
in the |
enforcement of laws relating to cannabis or controlled |
substances,
if the agency or prosecutor can demonstrate that |
the item requested would
be useful to the agency or prosecutor |
in their enforcement efforts. When any forfeited conveyance, |
including an aircraft, vehicle, or vessel, is returned to the |
seizing agency or prosecutor, the conveyance may be used |
immediately in the enforcement of the criminal laws of this |
State. Upon disposal, all proceeds from the sale of the |
conveyance must be used for drug enforcement purposes. When
any |
real property returned to the seizing agency is sold by the |
agency or
its unit of government, the proceeds of the sale |
shall be delivered to the
Director and distributed in |
accordance with subsection (g).
|
(g) All monies and the sale proceeds of all other property |
forfeited and
seized under this Act shall be distributed as |
follows:
|
|
(1) 65% shall be distributed to the metropolitan |
enforcement group,
local, municipal, county, or state law |
enforcement agency or agencies which
conducted or |
participated in the investigation resulting in the |
forfeiture.
The distribution shall bear a reasonable |
relationship to the degree of
direct participation of the |
law enforcement agency in the effort resulting
in the |
forfeiture, taking into account the total value of the |
property
forfeited and the total law enforcement effort |
with respect to the
violation of the law upon which the |
forfeiture is based.
Amounts distributed to the agency or |
agencies shall be used for the
enforcement of laws |
governing cannabis and controlled substances or for |
security cameras used for the prevention or detection of |
violence, except
that amounts distributed to the Secretary |
of State shall be deposited into
the Secretary of State |
Evidence Fund to be used as provided in Section
2-115 of |
the Illinois Vehicle Code.
|
(2)(i) 12.5% shall be distributed to the Office of the |
State's
Attorney of the county in which the prosecution |
resulting in the forfeiture
was instituted, deposited in a |
special fund in the county treasury and
appropriated to the |
State's Attorney for use in the enforcement of laws
|
governing cannabis and controlled substances. In counties |
over 3,000,000
population, 25% will be distributed to the |
Office of the State's Attorney for use in the
enforcement |
|
of laws governing cannabis and controlled substances. If |
the
prosecution is undertaken solely by the Attorney |
General, the portion
provided hereunder shall be |
distributed to the Attorney General for use in
the |
enforcement of laws governing cannabis and controlled |
substances.
|
(ii) 12.5% shall be distributed to the Office of the |
State's Attorneys
Appellate Prosecutor and deposited in |
the Narcotics Profit Forfeiture Fund
of that Office to be |
used for additional expenses incurred in the
|
investigation, prosecution and appeal of cases arising |
under laws governing
cannabis and controlled substances. |
The Office of the State's Attorneys
Appellate Prosecutor |
shall not receive distribution from cases brought in
|
counties with over 3,000,000 population.
|
(3) 10% shall be retained by the Department of State |
Police for expenses
related to the administration and sale |
of seized and forfeited property.
|
(Source: P.A. 94-1004, eff. 7-3-06; 95-989, eff. 10-3-08.)
|
Section 7. The Illinois Controlled Substances Act is |
amended by changing Section 505 as follows:
|
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
|
Sec. 505. (a) The following are subject to forfeiture:
|
(1) all substances which have been manufactured, |
|
distributed,
dispensed, or possessed in violation of this |
Act;
|
(2) all raw materials, products and equipment of any |
kind which are
used, or intended for use in manufacturing, |
distributing, dispensing,
administering or possessing any |
substance in violation of this Act;
|
(3) all conveyances, including aircraft, vehicles or |
vessels, which are
used, or intended for use, to transport, |
or in any manner to facilitate
the transportation, sale, |
receipt, possession, or concealment of property
described |
in paragraphs (1) and (2), but:
|
(i) no conveyance used by any person as a common |
carrier in the
transaction of business as a common |
carrier is subject to forfeiture under
this Section |
unless it appears that the owner or other person in |
charge of
the conveyance is a consenting party or privy |
to a violation of this Act;
|
(ii) no conveyance is subject to forfeiture under |
this Section by reason
of any act or omission which the |
owner proves to have been committed or
omitted without |
his knowledge or consent;
|
(iii) a forfeiture of a conveyance encumbered by a |
bona fide security
interest is subject to the interest |
of the secured party if he neither had
knowledge of nor |
consented to the act or omission;
|
(4) all money, things of value, books, records, and |
|
research
products and materials including formulas, |
microfilm, tapes, and data which
are used, or intended to |
be used in violation of this Act;
|
(5) everything of value furnished, or intended to be |
furnished, in
exchange for a substance in violation of this |
Act, all proceeds traceable
to such an exchange, and all |
moneys, negotiable instruments, and securities
used, or |
intended to be used, to commit or in any manner to |
facilitate
any violation of this Act;
|
(6) all real property, including any right, title, and |
interest
(including, but not limited to, any leasehold |
interest or the beneficial
interest in a land trust) in the |
whole of any lot or tract of land and any
appurtenances or |
improvements, which is used or intended to be used, in any
|
manner or part, to commit, or in any manner to facilitate |
the commission
of, any violation or act that constitutes a |
violation of Section 401 or 405
of this Act or that is the |
proceeds of any violation or act that
constitutes a |
violation of Section 401 or 405 of this Act.
|
(b) Property subject to forfeiture under this Act may be |
seized by the
Director or any peace officer upon process or |
seizure warrant issued by
any court having jurisdiction over |
the property. Seizure by the Director
or any peace officer |
without process may be made:
|
(1) if the seizure is incident to inspection under an |
administrative
inspection warrant;
|
|
(2) if the property subject to seizure has been the |
subject of a prior
judgment in favor of the State in a |
criminal proceeding, or in an injunction
or forfeiture |
proceeding based upon this Act or the Drug Asset Forfeiture
|
Procedure Act;
|
(3) if there is probable cause to believe that the |
property is directly
or indirectly dangerous to health or |
safety;
|
(4) if there is probable cause to believe that the |
property is subject
to forfeiture under this Act and the |
property is seized under
circumstances in which a |
warrantless seizure or arrest would be reasonable; or
|
(5) in accordance with the Code of Criminal Procedure |
of 1963.
|
(c) In the event of seizure pursuant to subsection (b), |
notice shall be given forthwith to all known interest holders |
that forfeiture
proceedings, including a preliminary review, |
shall be instituted in accordance with the Drug
Asset |
Forfeiture Procedure Act and such proceedings shall thereafter |
be instituted in accordance with that Act. Upon a showing of |
good cause, the notice required for a preliminary review under |
this Section may be postponed.
|
(d) Property taken or detained under this Section shall not |
be subject
to replevin, but is deemed to be in the custody of |
the Director subject
only to the order and judgments of the |
circuit court having jurisdiction over
the forfeiture |
|
proceedings and the decisions of the State's Attorney
under the |
Drug Asset Forfeiture Procedure Act. When property is seized
|
under this Act, the seizing agency shall promptly conduct an |
inventory of
the seized property and estimate the property's |
value, and shall forward a
copy of the inventory of seized |
property and the estimate of the property's
value to the |
Director. Upon receiving notice of seizure, the Director may:
|
(1) place the property under seal;
|
(2) remove the property to a place designated by the |
Director;
|
(3) keep the property in the possession of the seizing |
agency;
|
(4) remove the property to a storage area for |
safekeeping or, if the
property is a negotiable instrument |
or money and is not needed for
evidentiary purposes, |
deposit it in an interest bearing account;
|
(5) place the property under constructive seizure by |
posting notice of
pending forfeiture on it, by giving |
notice of pending forfeiture to its
owners and interest |
holders, or by filing notice of pending forfeiture in
any |
appropriate public record relating to the property; or
|
(6) provide for another agency or custodian, including |
an owner, secured
party, or lienholder, to take custody of |
the property upon the terms and
conditions set by the |
Director.
|
(e) If the Department of Professional Regulation suspends |
|
or revokes
a registration, all controlled substances owned or |
possessed by the
registrant at the time of suspension or the |
effective date of the
revocation order may be placed under |
seal. No disposition may be made of
substances under seal until |
the time for taking an appeal has elapsed or
until all appeals |
have been concluded unless a court, upon application
therefor, |
orders the sale of perishable substances and the deposit of the
|
proceeds of the sale with the court. Upon a revocation rule |
becoming final,
all substances may be forfeited to the |
Department of Professional
Regulation.
|
(f) When property is forfeited under this Act the Director |
shall
sell all such property unless such property is required |
by law to be
destroyed or is harmful to the public, and shall |
distribute the proceeds of
the sale, together with any moneys |
forfeited or seized, in accordance
with subsection (g). |
However, upon the application of the seizing agency or
|
prosecutor who was responsible for the investigation, arrest or |
arrests and
prosecution which lead to the forfeiture, the |
Director may return any item
of forfeited property to the |
seizing agency or prosecutor for official use
in the |
enforcement of laws relating to cannabis or controlled |
substances,
if the agency or prosecutor can demonstrate that |
the item requested would
be useful to the agency or prosecutor |
in their enforcement efforts. When any forfeited conveyance, |
including an aircraft, vehicle, or vessel, is returned to the |
seizing agency or prosecutor, the conveyance may be used |
|
immediately in the enforcement of the criminal laws of this |
State. Upon disposal, all proceeds from the sale of the |
conveyance must be used for drug enforcement purposes. When
any |
real property returned to the seizing agency is sold by the |
agency or
its unit of government, the proceeds of the sale |
shall be delivered to the
Director and distributed in |
accordance with subsection (g).
|
(g) All monies and the sale proceeds of all other property |
forfeited and
seized under this Act shall be distributed as |
follows:
|
(1) 65% shall be distributed to the metropolitan |
enforcement group,
local, municipal, county, or state law |
enforcement agency or agencies which
conducted or |
participated in the investigation resulting in the |
forfeiture.
The distribution shall bear a reasonable |
relationship to the degree of
direct participation of the |
law enforcement agency in the effort resulting
in the |
forfeiture, taking into account the total value of the |
property
forfeited and the total law enforcement effort |
with respect to the
violation of the law upon which the |
forfeiture is based.
Amounts distributed to the agency or |
agencies shall be used for the
enforcement of laws |
governing cannabis and controlled substances or for |
security cameras used for the prevention or detection of |
violence, except that
amounts distributed to the Secretary |
of State shall be deposited into the
Secretary of State |
|
Evidence Fund to be used as provided in Section 2-115 of |
the
Illinois Vehicle Code.
|
(2)(i) 12.5% shall be distributed to the Office of the |
State's
Attorney of the county in which the prosecution |
resulting in the forfeiture
was instituted, deposited in a |
special fund in the county treasury and
appropriated to the |
State's Attorney for use in the enforcement of laws
|
governing cannabis and controlled substances. In counties |
over 3,000,000
population, 25% will be distributed to the |
Office of the State's Attorney for
use in the
enforcement |
of laws governing cannabis and controlled substances. If |
the
prosecution is undertaken solely by the Attorney |
General, the portion
provided hereunder shall be |
distributed to the Attorney General for use in
the |
enforcement of laws governing cannabis and controlled |
substances.
|
(ii) 12.5% shall be distributed to the Office of the |
State's Attorneys
Appellate Prosecutor and deposited in |
the Narcotics Profit Forfeiture Fund
of that office to be |
used for additional expenses incurred in the
|
investigation, prosecution and appeal of cases arising |
under laws governing
cannabis and controlled substances. |
The Office of the State's Attorneys
Appellate Prosecutor |
shall not receive distribution from cases brought in
|
counties with over 3,000,000 population.
|
(3) 10% shall be retained by the Department of State |
|
Police for expenses
related to the administration and sale |
of seized and forfeited property.
|
(h) Species of plants from which controlled substances in |
Schedules I
and II may be derived which have been planted or |
cultivated in violation of
this Act, or of which the owners or |
cultivators are unknown, or which are
wild growths, may be |
seized and summarily forfeited to the State. The
failure, upon |
demand by the Director or any peace officer, of the person in
|
occupancy or in control of land or premises upon which the |
species of
plants are growing or being stored, to produce |
registration, or proof that
he is the holder thereof, |
constitutes authority for the seizure and
forfeiture of the |
plants.
|
(Source: P.A. 94-1004, eff. 7-3-06.)
|
Section 8. The Methamphetamine Control and Community |
Protection Act is amended by changing Section 85 as follows:
|
(720 ILCS 646/85)
|
Sec. 85. Forfeiture. |
(a) The following are subject to forfeiture:
|
(1) all substances containing methamphetamine which |
have
been produced, manufactured, delivered, or possessed |
in violation of this Act;
|
(2) all methamphetamine manufacturing materials which |
have
been produced, delivered, or possessed in connection |
|
with any substance containing methamphetamine in violation |
of this Act;
|
(3) all conveyances, including aircraft, vehicles or
|
vessels, which are used, or intended for use, to transport, |
or in any manner to facilitate the transportation, sale, |
receipt, possession, or concealment of property described |
in paragraph (1) or (2) that constitutes a felony violation |
of the Act, but:
|
(i) no conveyance used by any person as a common
|
carrier in the transaction of business as a common |
carrier is subject to forfeiture under this Section |
unless it appears that the owner or other person in |
charge of the conveyance is a consenting party or privy |
to a violation of this Act;
|
(ii) no conveyance is subject to forfeiture
under |
this Section by reason of any act or omission which the |
owner proves to have been committed or omitted without |
his or her knowledge or consent;
|
(iii) a forfeiture of a conveyance encumbered by
a |
bona fide security interest is subject to the interest |
of the secured party if he or she neither had knowledge |
of nor consented to the act or omission;
|
(4) all money, things of value, books, records, and
|
research products and materials including formulas, |
microfilm, tapes, and data which are used, or intended for |
use in a felony violation of this Act;
|
|
(5) everything of value furnished or intended to be
|
furnished by any person in exchange for a substance in |
violation of this Act, all proceeds traceable to such an |
exchange, and all moneys, negotiable instruments, and |
securities used, or intended to be used, to commit or in |
any manner to facilitate any felony violation of this Act.
|
(6) all real property, including any right, title, and |
interest (including, but not limited to, any leasehold |
interest or the beneficial interest in a land trust) in the |
whole of any lot or tract of land and any appurtenances or |
improvements, which is used, or intended to be used, in any |
manner or part, to commit, or in any manner to facilitate |
the commission of, any violation or act that constitutes a |
violation of this Act or that is the proceeds of any |
violation or act that constitutes a violation of this Act.
|
(b) Property subject to forfeiture under this Act may be |
seized by the Director or any peace officer upon process or |
seizure warrant issued by any court having jurisdiction over |
the property. Seizure by the Director or any peace officer |
without process may be made:
|
(1) if the property subject to seizure has been the
|
subject of a prior judgment in favor of the State in a |
criminal proceeding or in an injunction or forfeiture |
proceeding based upon this Act or the Drug Asset Forfeiture |
Procedure Act;
|
(2) if there is probable cause to believe that the
|
|
property is directly or indirectly dangerous to health or |
safety;
|
(3) if there is probable cause to believe that the
|
property is subject to forfeiture under this Act and the |
property is seized under circumstances in which a |
warrantless seizure or arrest would be reasonable; or
|
(4) in accordance with the Code of Criminal
Procedure |
of 1963.
|
(c) In the event of seizure pursuant to subsection (b), |
notice shall be given forthwith to all known interest holders |
that forfeiture proceedings, including a preliminary review, |
shall be instituted in accordance with the Drug Asset |
Forfeiture Procedure Act and such proceedings shall thereafter |
be instituted in accordance with that Act. Upon a showing of |
good cause, the notice required for a preliminary review under |
this Section may be postponed.
|
(d) Property taken or detained under this Section is not |
subject to replevin, but is deemed to be in the custody of the |
Director subject only to the order and judgments of the circuit |
court having jurisdiction over the forfeiture proceedings and |
the decisions of the State's Attorney under the Drug Asset |
Forfeiture Procedure Act. When property is seized under this |
Act, the seizing agency shall promptly conduct an inventory of |
the seized property, estimate the property's value, and forward |
a copy of the inventory of seized property and the estimate of |
the property's value to the Director. Upon receiving notice of |
|
seizure, the Director may:
|
(1) place the property under seal;
|
(2) remove the property to a place designated by him or |
her;
|
(3) keep the property in the possession of the
seizing |
agency;
|
(4) remove the property to a storage area for
|
safekeeping or, if the property is a negotiable instrument |
or money and is not needed for evidentiary purposes, |
deposit it in an interest bearing account;
|
(5) place the property under constructive seizure by
|
posting notice of pending forfeiture on it, by giving |
notice of pending forfeiture to its owners and interest |
holders, or by filing notice of pending forfeiture in any |
appropriate public record relating to the property; or
|
(6) provide for another agency or custodian,
including |
an owner, secured party, or lienholder, to take custody of |
the property upon the terms and conditions set by the |
Director.
|
(e) No disposition may be made of property under seal until |
the time for taking an appeal has elapsed or until all appeals |
have been concluded unless a court, upon application therefor, |
orders the sale of perishable substances and the deposit of the |
proceeds of the sale with the court.
|
(f) When property is forfeited under this Act, the Director |
shall sell the property unless the property is required by law |
|
to be destroyed or is harmful to the public, and shall |
distribute the proceeds of the sale, together with any moneys |
forfeited or seized, in accordance with subsection (g). |
However, upon the application of the seizing agency or |
prosecutor who was responsible for the investigation, arrest or |
arrests and prosecution which lead to the forfeiture, the |
Director may return any item of forfeited property to the |
seizing agency or prosecutor for official use in the |
enforcement of laws relating to methamphetamine, cannabis, or |
controlled substances, if the agency or prosecutor |
demonstrates that the item requested would be useful to the |
agency or prosecutor in their enforcement efforts. When any |
forfeited conveyance, including an aircraft, vehicle, or |
vessel, is returned to the seizing agency or prosecutor, the |
conveyance may be used immediately in the enforcement of the |
criminal laws of this State. Upon disposal, all proceeds from |
the sale of the conveyance must be used for drug enforcement |
purposes. When any real property returned to the seizing agency |
is sold by the agency or its unit of government, the proceeds |
of the sale shall be delivered to the Director and distributed |
in accordance with subsection (g).
|
(g) All moneys and the sale proceeds of all other property |
forfeited and seized under this Act shall be distributed as |
follows:
|
(1) 65% shall be distributed to the metropolitan
|
enforcement group, local, municipal, county, or State law |
|
enforcement agency or agencies which conducted or |
participated in the investigation resulting in the |
forfeiture. The distribution shall bear a reasonable |
relationship to the degree of direct participation of the |
law enforcement agency in the effort resulting in the |
forfeiture, taking into account the total value of the |
property forfeited and the total law enforcement effort |
with respect to the violation of the law upon which the |
forfeiture is based. Amounts distributed to the agency or |
agencies shall be used for the enforcement of laws |
governing methamphetamine, cannabis, and controlled |
substances or for security cameras used for the prevention |
or detection of violence, except that amounts distributed |
to the Secretary of State shall be deposited into the |
Secretary of State Evidence Fund to be used as provided in |
Section 2-115 of the Illinois Vehicle Code.
|
(2)(i) 12.5% shall be distributed to the Office of
the |
State's Attorney of the county in which the prosecution |
resulting in the forfeiture was instituted, deposited in a |
special fund in the county treasury and appropriated to the |
State's Attorney for use in the enforcement of laws |
governing methamphetamine, cannabis, and controlled |
substances. In counties with a population over 3,000,000, |
25% shall be distributed to the Office of the State's |
Attorney for use in the enforcement of laws governing |
methamphetamine, cannabis, and controlled substances. If |
|
the prosecution is undertaken solely by the Attorney |
General, the portion provided hereunder shall be |
distributed to the Attorney General for use in the |
enforcement of laws governing methamphetamine, cannabis, |
and controlled substances.
|
(ii) 12.5% shall be distributed to the Office of
the |
State's Attorneys Appellate Prosecutor and deposited in |
the Narcotics Profit Forfeiture Fund of that Office to be |
used for additional expenses incurred in the |
investigation, prosecution and appeal of cases arising |
under laws governing methamphetamine, cannabis, and |
controlled substances. The Office of the State's Attorneys |
Appellate Prosecutor shall not receive distribution from |
cases brought in counties with a population over 3,000,000.
|
(3) 10% shall be retained by the Department of State
|
Police for expenses related to the administration and sale |
of seized and forfeited property.
|
(Source: P.A. 94-556, eff. 9-11-05; 94-1004, eff. 7-3-06.)
|
Section 10. The Drug Asset Forfeiture Procedure Act is |
amended by changing Section 6 and by adding Section 3.5 as |
follows:
|
(725 ILCS 150/3.5 new) |
Sec. 3.5. Preliminary Review. |
(a) Within 14 days of the seizure, the State shall seek a |
|
preliminary determination from the circuit court as to whether |
there is probable cause that the property may be subject to |
forfeiture. |
(b) The rules of evidence shall not apply to any proceeding |
conducted under this Section. |
(c) The court may conduct the review under subsection (a) |
simultaneously with a proceeding pursuant to Section 109-1 of |
the Code of Criminal Procedure of 1963 for a related criminal |
offense if a prosecution is commenced by information or |
complaint. |
(d) The court may accept a finding of probable cause at a |
preliminary hearing following the filing of an information or |
complaint charging a related criminal offense or following the |
return of indictment by a grand jury charging the related |
offense as sufficient evidence of probable cause as required |
under subsection (a). |
(e) Upon making a finding of probable cause as required |
under this Section, and after taking into account the |
respective interests of all known claimants to the property |
including the State, the circuit court shall enter a |
restraining order or injunction, or take other appropriate |
action, as necessary to ensure that the property is not removed |
from the court's jurisdiction and is not concealed, destroyed, |
or otherwise disposed of by the property owner or interest |
holder before a forfeiture hearing is conducted.
|
|
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
|
Sec. 6. Non-Judicial Forfeiture. If non-real property that |
exceeds $150,000
$20,000 in value excluding the value of any |
conveyance, or if real property
is seized under the provisions |
of the Illinois Controlled Substances Act,
the Cannabis Control |
Act, or the Methamphetamine Control and Community Protection |
Act, the State's Attorney shall institute judicial in
rem |
forfeiture proceedings as described in Section 9 of this Act |
within 45
days from receipt of notice of seizure from the |
seizing agency under
Section 5 of this Act. However, if |
non-real property that does not exceed
$150,000 $20,000 in |
value excluding the value of any conveyance is seized, the
|
following procedure shall be used:
|
(A) If, after review of the facts surrounding the seizure, |
the State's
Attorney is of the opinion that the seized property |
is subject to
forfeiture, then within 45 days of the receipt of |
notice of seizure from the
seizing agency, the State's Attorney |
shall cause notice of pending
forfeiture to be given to the |
owner of the property and all known interest
holders of the |
property in accordance with Section 4 of this Act.
|
(B) The notice of pending forfeiture must include a |
description of the
property, the estimated value of the |
property, the date and place of
seizure, the conduct giving |
rise to forfeiture or the violation of law
alleged, and a |
summary of procedures and procedural rights applicable to
the |
forfeiture action.
|
|
(C) (1) Any person claiming an interest in property which |
is the
subject of notice under subsection (A) of Section 6 |
of this Act, may,
within 45 days after the effective date |
of notice as described in Section 4
of this Act, file a |
verified claim with the State's Attorney expressing his
or |
her interest in the property. The claim must set forth:
|
(i) the caption of the proceedings as set forth on |
the notice of
pending forfeiture and the name of the |
claimant;
|
(ii) the address at which the claimant will accept |
mail;
|
(iii) the nature and extent of the claimant's |
interest in the property;
|
(iv) the date, identity of the transferor, and |
circumstances of the
claimant's acquisition of the |
interest in the property;
|
(v) the name and address of all other persons known |
to have an
interest in the property;
|
(vi) the specific provision of law relied on in |
asserting the property
is not subject to forfeiture;
|
(vii) all essential facts supporting each |
assertion; and
|
(viii) the relief sought.
|
(2) If a claimant files the claim and deposits with the |
State's Attorney
a cost bond, in the form of a cashier's |
check payable to the clerk of the
court, in the sum of 10 |
|
percent of the reasonable value of the property as
alleged |
by the State's Attorney or the sum of $100, whichever is |
greater,
upon condition that, in the case of forfeiture, |
the claimant must pay all
costs and expenses of forfeiture |
proceedings, then the State's Attorney
shall institute |
judicial in rem forfeiture proceedings and deposit the cost
|
bond with the clerk of the court as described in Section 9 |
of this Act
within 45 days after receipt of the claim and |
cost bond. In lieu of a cost
bond, a person claiming |
interest in the seized property may file, under
penalty of |
perjury, an indigency affidavit.
|
(3) If none of the seized property is forfeited in the |
judicial in rem
proceeding, the clerk of the court shall |
return to the claimant, unless the
court orders otherwise, |
90% of the sum which has been deposited and shall
retain as |
costs 10% of the money deposited. If any of the seized |
property
is forfeited under the judicial forfeiture |
proceeding, the clerk of
the court shall transfer 90% of |
the sum which has been deposited to the
State's Attorney |
prosecuting the civil forfeiture to be applied to the
costs |
of prosecution and the clerk shall retain as costs 10% of |
the sum
deposited.
|
(D) If no claim is filed or bond given within the 45 day |
period as
described in subsection (C) of Section 6 of this Act, |
the State's Attorney
shall declare the property forfeited and |
shall promptly notify the
owner and all known interest holders |
