Sen. Don Harmon

Filed: 4/24/2018

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1 AMENDMENT TO SENATE BILL 564

2 AMENDMENT NO. ______. Amend Senate Bill 564 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Seizure and Forfeiture Reporting Act is

5 amended by changing Sections 10 and 15 and by adding Section 20

6 as follows:

7 (5 ILCS 810/10)

8 (This Section may contain text from a Public Act with a

9 delayed effective date)

10 Sec. 10. Reporting by law enforcement agency.

11 (a) Each law enforcement agency that seizes property

12 subject to reporting under this Act shall report the following

13 information about property seized or forfeited under State law:

14 (1) the name of the law enforcement agency that seized

15 the property;

16 (2) the date of the seizure;

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1 (3) the type of property seized, including a building,

2 vehicle, boat, cash, negotiable security, or firearm,

3 except reporting is not required for seizures of contraband

4 including alcohol, gambling devices, drug paraphernalia,

5 and controlled substances;

6 (4) a description of the property seized and the

7 estimated value of the property and if the property is a

8 conveyance, the description shall include the make, model,

9 year, and vehicle identification number or serial number;

10 and

11 (5) the location where the seizure occurred.

12 The filing requirement shall be met upon filing Illinois

13 State Police Notice/Inventory of Seized Property (Form 4-64)

14 ~~the form 4-64~~ with the State's Attorney's Office in the county

15 where the forfeiture action is being commenced or with the

16 Attorney General's Office if the forfeiture action is being

17 commenced by that office, and the forwarding of Form ~~the form~~

18 4-64 upon approval of the State's Attorney's Office or the

19 Attorney General's Office to the Department of State Police

20 Asset Forfeiture Section. With regard to seizures for which

21 Form ~~form~~ 4-64 is not required to be filed, the filing

22 requirement shall be met by the filing of an annual summary

23 report with the Department of State Police no later than 60

24 days after December 31 of that year.

25 (b) Each law enforcement agency, including a drug task

26 force or Metropolitan Enforcement Group (MEG) unit, that

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1 receives proceeds from forfeitures subject to reporting under

2 this Act shall file an annual report with the Department of

3 State Police no later than 60 days after December 31 of that

4 year. The format of the report shall be developed by the

5 Department of State Police and shall be completed by the law

6 enforcement agency. The report shall include, at a minimum, the

7 amount of funds and other property distributed to the law

8 enforcement agency by the Department of State Police, the

9 amount of funds expended by the law enforcement agency, and the

10 category of expenditure, including:

11 (1) crime, gang, or abuse prevention or intervention

12 programs;

13 (2) compensation or services for crime victims;

14 (3) witness protection, informant fees, and controlled

15 purchases of contraband;

16 (4) salaries, overtime, and benefits, as permitted by

17 law;

18 (5) operating expenses, including but not limited to,

19 capital expenditures for vehicles, firearms, equipment,

20 computers, furniture, office supplies, postage, printing,

21 membership fees paid to trade associations, and fees for

22 professional services including auditing, court reporting,

23 expert witnesses, and attorneys;

24 (6) travel, meals, entertainment, conferences,

25 training, and continuing education seminars; and

26 (7) other expenditures of forfeiture proceeds.

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1 (c) The Department of State Police shall establish and

2 maintain on its official website a public database that

3 includes annual aggregate data for each law enforcement agency

4 that reports seizures of property under subsection (a) of this

5 Section, that receives distributions of forfeiture proceeds

6 subject to reporting under this Act, or reports expenditures

7 under subsection (b) of this Section. This aggregate data shall

8 include, for each law enforcement agency:

9 (1) the total number of asset seizures reported by each

10 law enforcement agency during the calendar year;

11 (2) the monetary value of all currency or its

12 equivalent seized by the law enforcement agency during the

13 calendar year;

14 (3) the number of conveyances seized by the law

15 enforcement agency during the calendar year, and the

16 aggregate estimated value;

17 (4) the aggregate estimated value of all other property

18 seized by the law enforcement agency during the calendar

19 year;

20 (5) the monetary value of distributions by the

21 Department of State Police of forfeited currency or auction

22 proceeds from forfeited property to the law enforcement

23 agency during the calendar year; and

24 (6) the total amount of the law enforcement agency's

25 expenditures of forfeiture proceeds during the calendar

26 year, categorized as provided under subsection (b) of this

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1 Section.

2 The database shall not provide names, addresses, phone

3 numbers, or other personally identifying information of owners

4 or interest holders, persons, business entities, covert office

5 locations, or business entities involved in the forfeiture

6 action and shall not disclose the vehicle identification number

7 or serial number of any conveyance.

8 (d) The Department of State Police shall adopt rules to

9 administer the asset forfeiture program, including the

10 categories of authorized expenditures consistent with the

11 statutory guidelines for each of the included forfeiture

12 statutes, the use of forfeited funds, other expenditure

13 requirements, and the reporting of seizure and forfeiture

14 information. The Department may adopt rules necessary to

15 implement this Act through the use of emergency rulemaking

16 under Section 5-45 of the Illinois Administrative Procedure Act

17 for a period not to exceed 180 days after the effective date of

18 this Act.

19 (e) The Department of State Police shall have authority and

20 oversight over all law enforcement agencies receiving

21 forfeited funds from the Department. This authority shall

22 include enforcement of rules and regulations adopted by the

23 Department and sanctions for violations of any rules and

24 regulations, including the withholding of distributions of

25 forfeiture proceeds from the law enforcement agency in

26 violation.

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1 (f) Upon application by a law enforcement agency to the

2 Department of State Police, the reporting of a particular asset

3 forfeited under this Section may be delayed if the asset in

4 question was seized from a person who has become a confidential

5 informant under the agency's confidential informant policy, or

6 if the asset was seized as part of an ongoing investigation.

7 This delayed reporting shall be granted by the Department of

8 State Police for a maximum period of 6 months if the

9 confidential informant is still providing cooperation to law

10 enforcement or the investigation is still ongoing, after which

11 ~~and at that time~~ the asset shall be reported as required under

12 this Act.

13 (g) The Department of State Police shall, on or before

14 January 1, 2019, establish and implement the requirements of

15 this Act. In order to implement the reporting and public

16 database requirements under this Act, the Department of State

17 Police Asset Forfeiture Section requires a one-time upgrade of

18 its information technology software and hardware. This

19 one-time upgrade shall be funded by a temporary allocation of

20 5% of all forfeited currency and 5% of the auction proceeds

21 from each forfeited asset, which are to be distributed after

22 the effective date of this Act. The Department of State Police

23 shall transfer these funds at the time of distribution to a

24 separate fund established by the Department of State Police.

25 Moneys ~~Monies~~ deposited in this fund shall be accounted for and

26 shall be used only to pay for the actual one-time cost of

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1 purchasing and installing the hardware and software required to

2 comply with this new reporting and public database requirement.

3 Moneys ~~Monies~~ deposited in the fund shall not be subject to

4 reappropriation ~~re-appropriation~~, reallocation, or

5 redistribution for any other purpose. After sufficient funds

6 are transferred to the fund to cover the actual one-time cost

7 of purchasing and installing the hardware and software required

8 to comply with this new reporting and public database

9 requirement, no additional funds shall be transferred to the

10 fund for any purpose. At the completion of the one-time upgrade

11 of the information technology hardware and software to comply

12 with this new reporting and public database requirement, any

13 remaining funds in the fund shall be returned to the

14 participating agencies under the distribution requirements of

15 the statutes from which the funds were transferred, and the

16 fund shall no longer exist.

17 (h)(1) The Department of State Police, in consultation with

18 and subject to the approval of the Chief Procurement Officer,

19 may procure a single contract or multiple contracts to

20 implement ~~the provisions of~~ this Act.

21 (2) A contract or contracts under this subsection (h) are

22 not subject to the Illinois Procurement Code, except for

23 Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that

24 Code, provided that the Chief Procurement Officer may, in

25 writing with justification, waive any certification required

26 under Article 50 of the Illinois Procurement Code. The

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1 provisions of this paragraph (2), other than this sentence, are

2 inoperative on and after July 1, 2019.

3 (Source: P.A. 100-512, eff. 7-1-18.)

4 (5 ILCS 810/15)

5 (This Section may contain text from a Public Act with a

6 delayed effective date)

7 Sec. 15. Fund audits.

8 (a) The Auditor General shall conduct, as a part of its

9 2-year ~~2 year~~ compliance audit, an audit of the State Asset

10 Forfeiture Fund for compliance with the requirements of this

11 Act. The audit shall include, but not be limited to, the

12 following determinations:

13 (1) if detailed records of all receipts and

14 disbursements from the State Asset Forfeiture Fund are

15 being maintained;

16 (2) if administrative costs charged to the fund are

17 adequately documented and are reasonable; and

18 (3) if the procedures for making disbursements under

19 the Act are adequate.

20 (b) The Department of State Police, and any other entity or

21 person that may have information relevant to the audit, shall

22 cooperate fully and promptly with the Office of the Auditor

23 General in conducting the audit. The Auditor General shall

24 begin the audit during the next regular 2-year ~~two year~~

25 compliance audit of the Department of State Police and

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1 distribute the report upon completion under Section 3-14 of the

2 Illinois State Auditing Act.

3 (Source: P.A. 100-512, eff. 7-1-18.)

4 (5 ILCS 810/20 new)

5 Sec. 20. Applicability. This Act and the changes made to

6 this Act by this amendatory Act of the 100th General Assembly

7 only apply to property seized on and after July 1, 2018.

8 Section 10. The Department of State Police Law of the Civil

9 Administrative Code of Illinois is amended by changing Section

10 2605-585 as follows:

11 (20 ILCS 2605/2605-585)

12 Sec. 2605-585. Money Laundering Asset Recovery Fund.

13 Moneys and the sale proceeds distributed to the Department of

14 State Police under paragraph (3) of Section 29B-26 ~~pursuant to~~

15 ~~clause (h)(6)(C) of Section 29B-1~~ of the ~~Criminal Code of 1961~~

16 ~~or the~~ Criminal Code of 2012 shall be deposited in a special

17 fund in the State treasury to be known as the Money Laundering

18 Asset Recovery Fund. The moneys deposited in the Money

19 Laundering Asset Recovery Fund shall be appropriated to and

20 administered by the Department of State Police for State law

21 enforcement purposes.

22 (Source: P.A. 96-1234, eff. 7-23-10; 97-1150, eff. 1-25-13.)

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1 Section 15. The Illinois Food, Drug and Cosmetic Act is

2 amended by changing Section 3.23 as follows:

3 (410 ILCS 620/3.23)

4 (Text of Section before amendment by P.A. 100-512)

5 Sec. 3.23. Legend drug prohibition.

6 (a) In this Section:

7 "Legend drug" means a drug limited by the Federal Food,

8 Drug and Cosmetic Act to being dispensed by or upon a medical

9 practitioner's prescription because the drug is:

10 (1) habit forming;

11 (2) toxic or having potential for harm; or

12 (3) limited in use by the new drug application for the

13 drug to use only under a medical practitioner's

14 supervision.

15 "Medical practitioner" means any person licensed to

16 practice medicine in all its branches in the State.

17 "Deliver" or "delivery" means the actual, constructive, or

18 attempted transfer of possession of a legend drug, with or

19 without consideration, whether or not there is an agency

20 relationship.

21 "Manufacture" means the production, preparation,

22 propagation, compounding, conversion, or processing of a

23 legend drug, either directly or indirectly, by extraction from

24 substances of natural origin, or independently by means of

25 chemical synthesis, or by a combination of extraction and

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1 chemical synthesis, and includes any packaging or repackaging

2 of the substance or labeling of its container. "Manufacture"

3 does not include:

4 (1) by an ultimate user, the preparation or compounding

5 of a legend drug for his own use; or

6 (2) by a medical practitioner, or his authorized agent

7 under his supervision, the preparation, compounding,

8 packaging, or labeling of a legend drug:

9 (A) as an incident to his administering or

10 dispensing of a legend drug in the course of his

11 professional practice; or

12 (B) as an incident to lawful research, teaching, or

13 chemical analysis and not for sale.

14 "Prescription" has the same meaning ascribed to it in

15 Section 3 of the Pharmacy Practice Act.

16 (b) It is unlawful for any person to knowingly manufacture

17 or deliver or possess with the intent to manufacture or deliver

18 a legend drug of 6 or more pills, tablets, capsules, or caplets

19 or 30 ml or more of a legend drug in liquid form who is not

20 licensed by applicable law to prescribe or dispense legend

21 drugs or is not an employee of the licensee operating in the

22 normal course of business under the supervision of the

23 licensee. Any person who violates this Section is guilty of a

24 Class 3 felony, the fine for which shall not exceed $100,000. A

25 person convicted of a second or subsequent violation of this

26 Section is guilty of a Class 1 felony, the fine for which shall

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1 not exceed $250,000.

2 (c) The following are subject to forfeiture:

3 (1) all substances that have been manufactured,

4 distributed, dispensed, or possessed in violation of this

5 Act;

6 (2) all raw materials, products, and equipment of any

7 kind which are used, or intended for use in manufacturing,

8 distributing, dispensing, administering, or possessing any

9 substance in violation of this Act;

10 (3) all conveyances, including aircraft, vehicles, or

11 vessels, which are used, or intended for use, to transport,

12 or in any manner to facilitate the transportation, sale,

13 receipt, possession, or concealment of property described

14 in items (1) and (2) of this subsection (c), but:

15 (A) 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 a violation of this Act;

21 (B) 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 knowledge or consent; and

25 (C) a forfeiture of a conveyance encumbered by a

26 bona fide security interest is subject to the interest

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1 of the secured party if he neither had knowledge of nor

2 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 that are used, or intended to be

6 used in violation of this Act;

7 (5) everything of value furnished, or intended to be

8 furnished, in exchange for a substance in violation of this

9 Act, all proceeds traceable to such an exchange, and all

10 moneys, negotiable instruments, and securities used, or

11 intended to be used, to commit or in any manner to

12 facilitate any violation of this Act; and

13 (6) all real property, including any right, title, and

14 interest, including, but not limited to, any leasehold

15 interest or the beneficial interest in a land trust, in the

16 whole of any lot or tract of land and any appurtenances or

17 improvements, which is used or intended to be used, in any

18 manner or part, to commit, or in any manner to facilitate

19 the commission of, any violation or act that constitutes a

20 violation of Section 33.1 of this Act or that is the

21 proceeds of any violation or act that constitutes a

22 violation of Section 33.1 of this Act.

23 (d) Property subject to forfeiture under this Act may be

24 seized by the Director of the Department of State Police or any

25 peace officer upon process or seizure warrant issued by any

26 court having jurisdiction over the property. Seizure by the

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1 Director of the Department of State Police or any peace officer

2 without process may be made:

3 (1) if the seizure is incident to inspection under an

4 administrative inspection warrant;

5 (2) if the property subject to seizure has been the

6 subject of a prior judgment in favor of the State in a

7 criminal proceeding, or in an injunction or forfeiture

8 proceeding based upon this Act or the Drug Asset Forfeiture

9 Procedure Act;

10 (3) if there is probable cause to believe that the

11 property is directly or indirectly dangerous to health or

12 safety;

13 (4) if there is probable cause to believe that the

14 property is subject to forfeiture under this Act and the

15 property is seized under circumstances in which a

16 warrantless seizure or arrest would be reasonable; or

17 (5) in accordance with the Code of Criminal Procedure

18 of 1963.

19 (e) In the event of seizure pursuant to subsection (c) of

20 this Section, forfeiture proceedings shall be instituted in

21 accordance with the Drug Asset Forfeiture Procedure Act.

22 (f) Property taken or detained under this Section shall not

23 be subject to replevin, but is deemed to be in the custody of

24 the Director of the Department of State Police subject only to

25 the order and judgments of the circuit court having

26 jurisdiction over the forfeiture proceedings and the decisions

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1 of the State's Attorney under the Drug Asset Forfeiture

2 Procedure Act. If property is seized under this Act, then the

3 seizing agency shall promptly conduct an inventory of the

4 seized property and estimate the property's value, and shall

5 forward a copy of the inventory of seized property and the

6 estimate of the property's value to the Director of the

7 Department of State Police. Upon receiving notice of seizure,

8 the Secretary may:

9 (1) place the property under seal;

10 (2) remove the property to a place designated by the

11 Secretary;

12 (3) keep the property in the possession of the seizing

13 agency;

14 (4) remove the property to a storage area for

15 safekeeping or, if the property is a negotiable instrument

16 or money and is not needed for evidentiary purposes,

17 deposit it in an interest bearing account;

18 (5) place the property under constructive seizure by

19 posting notice of pending forfeiture on it, by giving

20 notice of pending forfeiture to its owners and interest

21 holders, or by filing notice of pending forfeiture in any

22 appropriate public record relating to the property; or

23 (6) provide for another agency or custodian, including

24 an owner, secured party, or lienholder, to take custody of

25 the property upon the terms and conditions set by the

26 Director of the Department of State Police.

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1 (g) If the Department suspends or revokes a registration,

2 all legend drugs owned or possessed by the registrant at the

3 time of suspension or the effective date of the revocation

4 order may be placed under seal. No disposition may be made of

5 substances under seal until the time for taking an appeal has

6 elapsed or until all appeals have been concluded unless a

7 court, upon application therefor, orders the sale of perishable

8 substances and the deposit of the proceeds of the sale with the

9 court. Upon a revocation rule becoming final, all substances

10 may be forfeited to the Department.

11 (h) If property is forfeited under this Act, then the

12 Director of the Department of State Police must sell all such

13 property unless such property is required by law to be

14 destroyed or is harmful to the public, and shall distribute the

15 proceeds of the sale, together with any moneys forfeited or

16 seized, in accordance with subsection (i) of this Section. Upon

17 the application of the seizing agency or prosecutor who was

18 responsible for the investigation, arrest or arrests, and

19 prosecution that led to the forfeiture, the Director of the

20 Department of State Police may return any item of forfeited

21 property to the seizing agency or prosecutor for official use

22 in the enforcement of laws if the agency or prosecutor can

23 demonstrate that the item requested would be useful to the

24 agency or prosecutor in their enforcement efforts. If any

25 forfeited conveyance, including an aircraft, vehicle, or

26 vessel, is returned to the seizing agency or prosecutor, then

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1 the conveyance may be used immediately in the enforcement of

2 the criminal laws of the State. Upon disposal, all proceeds

3 from the sale of the conveyance must be used for drug

4 enforcement purposes. If any real property returned to the

5 seizing agency is sold by the agency or its unit of government,

6 then the proceeds of the sale shall be delivered to the

7 Director of the Department of State Police and distributed in

8 accordance with subsection (i) of this Section.

9 (i) All moneys and the sale proceeds of all other property

10 forfeited and seized under this Act shall be distributed as

11 follows:

12 (1) 65% shall be distributed to the metropolitan

13 enforcement group, local, municipal, county, or State law

14 enforcement agency or agencies which conducted or

15 participated in the investigation resulting in the

16 forfeiture. The distribution shall bear a reasonable

17 relationship to the degree of direct participation of the

18 law enforcement agency in the effort resulting in the

19 forfeiture, taking into account the total value of the

20 property forfeited and the total law enforcement effort

21 with respect to the violation of the law upon which the

22 forfeiture is based. Amounts distributed to the agency or

23 agencies shall be used for the enforcement of laws.

24 (2) 12.5% shall be distributed to the Office of the

25 State's Attorney of the county in which the prosecution

26 resulting in the forfeiture was instituted, deposited in a

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1 special fund in the county treasury and appropriated to the

2 State's Attorney for use in the enforcement of laws. In

3 counties over 3,000,000 population, 25% will be

4 distributed to the Office of the State's Attorney for use

5 in the enforcement of laws governing cannabis and

6 controlled substances. If the prosecution is undertaken

7 solely by the Attorney General, the portion provided

8 hereunder shall be distributed to the Attorney General for

9 use in the enforcement of laws.

10 (3) 12.5% shall be distributed to the Office of the

11 State's Attorneys Appellate Prosecutor and deposited in a

12 separate fund of that office to be used for additional

13 expenses incurred in the investigation, prosecution and

14 appeal of cases. The Office of the State's Attorneys

15 Appellate Prosecutor shall not receive distribution from

16 cases brought in counties with over 3,000,000 population.

17 (4) 10% shall be retained by the Department of State

18 Police for expenses related to the administration and sale

19 of seized and forfeited property.

20 (Source: P.A. 96-573, eff. 8-18-09.)

21 (Text of Section after amendment by P.A. 100-512)

22 Sec. 3.23. Legend drug prohibition.

23 (a) In this Section:

24 "Legend drug" means a drug limited by the Federal Food,

25 Drug and Cosmetic Act to being dispensed by or upon a medical

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1 practitioner's prescription because the drug is:

2 (1) habit forming;

3 (2) toxic or having potential for harm; or

4 (3) limited in use by the new drug application for the

5 drug to use only under a medical practitioner's

6 supervision.

7 "Medical practitioner" means any person licensed to

8 practice medicine in all its branches in the State.

9 "Deliver" or "delivery" means the actual, constructive, or

10 attempted transfer of possession of a legend drug, with or

11 without consideration, whether or not there is an agency

12 relationship.

13 "Manufacture" means the production, preparation,

14 propagation, compounding, conversion, or processing of a

15 legend drug, either directly or indirectly, by extraction from

16 substances of natural origin, or independently by means of

17 chemical synthesis, or by a combination of extraction and

18 chemical synthesis, and includes any packaging or repackaging

19 of the substance or labeling of its container. "Manufacture"

20 does not include:

21 (1) by an ultimate user, the preparation or compounding

22 of a legend drug for his own use; or

23 (2) by a medical practitioner, or his authorized agent

24 under his supervision, the preparation, compounding,

25 packaging, or labeling of a legend drug:

26 (A) as an incident to his administering or

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1 dispensing of a legend drug in the course of his

2 professional practice; or

3 (B) as an incident to lawful research, teaching, or

4 chemical analysis and not for sale.

5 "Prescription" has the same meaning ascribed to it in

6 Section 3 of the Pharmacy Practice Act.

7 (b) It is unlawful for any person to knowingly manufacture

8 or deliver or possess with the intent to manufacture or deliver

9 a legend drug of 6 or more pills, tablets, capsules, or caplets

10 or 30 ml or more of a legend drug in liquid form who is not

11 licensed by applicable law to prescribe or dispense legend

12 drugs or is not an employee of the licensee operating in the

13 normal course of business under the supervision of the

14 licensee. Any person who violates this Section is guilty of a

15 Class 3 felony, the fine for which shall not exceed $100,000. A

16 person convicted of a second or subsequent violation of this

17 Section is guilty of a Class 1 felony, the fine for which shall

18 not exceed $250,000.

19 (c) The following are subject to forfeiture:

20 (1) (blank);

21 (2) all raw materials, products, and equipment of any

22 kind which are used, or intended for use in manufacturing,

23 distributing, dispensing, administering, or possessing any

24 substance in violation of this Section;

25 (3) all conveyances, including aircraft, vehicles, or

26 vessels, which are used, or intended for use, to transport,

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1 or in any manner to facilitate the transportation, sale,

2 receipt, possession, or concealment of any substance

3 manufactured, distributed, dispensed, or possessed in

4 violation of this Section or property described in

5 paragraph (2) of this subsection (c), but:

6 (A) no conveyance used by any person as a common

7 carrier in the transaction of business as a common

8 carrier is subject to forfeiture under this Section

9 unless it appears that the owner or other person in

10 charge of the conveyance is a consenting party or privy

11 to the violation;

12 (B) no conveyance is subject to forfeiture under

13 this Section by reason of any act or omission which the

14 owner proves to have been committed or omitted without

15 his knowledge or consent; and

16 (C) a forfeiture of a conveyance encumbered by a

17 bona fide security interest is subject to the interest

18 of the secured party if he neither had knowledge of nor

19 consented to the act or omission;

20 (4) all money, things of value, books, records, and

21 research products and materials including formulas,

22 microfilm, tapes, and data that are used, or intended to be

23 used in violation of this Section;

24 (5) everything of value furnished, or intended to be

25 furnished, in exchange for a substance in violation of this

26 Section, all proceeds traceable to such an exchange, and

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1 all moneys, negotiable instruments, and securities used,

2 or intended to be used, to commit or in any manner to

3 facilitate any violation of this Section; and

4 (6) all real property, including any right, title, and

5 interest, including, but not limited to, any leasehold

6 interest or the beneficial interest in a land trust, in the

7 whole of any lot or tract of land and any appurtenances or

8 improvements, which is used or intended to be used, in any

9 manner or part, to commit, or in any manner to facilitate

10 the commission of, any violation or act that constitutes a

11 violation of this Section or that is the proceeds of any

12 violation or act that constitutes a violation of this

13 Section.

14 (d) Property subject to forfeiture under this Act may be

15 seized under the Drug Asset Forfeiture Procedure Act. In the

16 event of seizure, forfeiture proceedings shall be instituted

17 under the Drug Asset Forfeiture Procedure Act.

18 (e) Forfeiture under this Act is subject to an 8th

19 Amendment ~~amendment~~ to the United States Constitution

20 disproportionate penalties analysis as provided under Section

21 9.5 of the Drug Asset Forfeiture Procedure Act.

22 (f) With regard to possession of legend drug offenses only,

23 a sum of currency with a value of less than $500 shall not be

24 subject to forfeiture under this Act. For all other offenses

25 under this Act, a sum of currency with a value of less than

26 ~~currency with a value of under~~ $100 shall not be subject to

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1 forfeiture under this Act. In seizures of currency in excess of

2 these amounts, this Section shall not create an exemption for

3 these amounts.

4 (f-5) For felony offenses involving possession of legend

5 drug only, no property shall be subject to forfeiture under

6 this Act because of the possession of less than 2 single unit

7 doses of a legend drug ~~controlled substance~~. This exemption

8 shall not apply in instances when the possessor, or another

9 person at the direction of the possessor, is engaged in the

10 destruction of any amount of a legend drug. The amount of a

11 single unit dose shall be the State's burden to prove in its

12 ~~their~~ case in chief.

13 (g) If the Department suspends or revokes a registration,

14 all legend drugs owned or possessed by the registrant at the

15 time of suspension or the effective date of the revocation

16 order may be placed under seal. No disposition may be made of

17 substances under seal until the time for taking an appeal has

18 elapsed or until all appeals have been concluded unless a

19 court, upon application therefor, orders the sale of perishable

20 substances and the deposit of the proceeds of the sale with the

21 court. Upon a revocation rule becoming final, all substances

22 are subject to seizure and forfeiture under the Drug Asset

23 Forfeiture Procedure Act.

24 (h) (Blank).

25 (i) (Blank).

26 (j) Contraband, including legend drugs possessed without a

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1 prescription or other authorization under State or federal law,

2 is not subject to forfeiture. No property right exists in

3 contraband. Contraband is subject to seizure and shall be

4 disposed of according to State law.

5 (k) The changes made to this Section by Public Act 100-0512

6 and this amendatory Act of the 100th General Assembly only

7 apply to property seized on and after July 1, 2018.

8 (Source: P.A. 100-512, eff. 7-1-18.)

9 Section 20. The Criminal Code of 2012 is amended by

10 changing Sections 17-10.6, 29B-1, 33G-6, 36-1.1, 36-1.3,

11 36-1.4, 36-1.5, 36-2, 36-2.1, 36-2.2, 36-2.5, 36-2.7, and 36-7

12 and by adding Sections 29B-0.5, 29B-2, 29B-3, 29B-4, 29B-5,

13 29B-6, 29B-7, 29B-8, 29B-9, 29B-10, 29B-11, 29B-12, 29B-13,

14 29B-14, 29B-15, 29B-16, 29B-17, 29B-18, 29B-19, 29B-20,

15 29B-21, 29B-22, 29B-23, 29B-24, 29B-25, 29B-26, 29B-27, and

16 36-10 as follows:

17 (720 ILCS 5/17-10.6)

18 (Text of Section before amendment by P.A. 100-512)

19 Sec. 17-10.6. Financial institution fraud.

20 (a) Misappropriation of financial institution property. A

21 person commits misappropriation of a financial institution's

22 property whenever he or she knowingly obtains or exerts

23 unauthorized control over any of the moneys, funds, credits,

24 assets, securities, or other property owned by or under the

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LRB100 04874 SLF 39019 a

1 custody or control of a financial institution, or under the

2 custody or care of any agent, officer, director, or employee of

3 such financial institution.

4 (b) Commercial bribery of a financial institution.

5 (1) A person commits commercial bribery of a financial

6 institution when he or she knowingly confers or offers or

7 agrees to confer any benefit upon any employee, agent, or

8 fiduciary without the consent of the latter's employer or

9 principal, with the intent to influence his or her conduct

10 in relation to his or her employer's or principal's

11 affairs.

12 (2) An employee, agent, or fiduciary of a financial

13 institution commits commercial bribery of a financial

14 institution when, without the consent of his or her

15 employer or principal, he or she knowingly solicits,

16 accepts, or agrees to accept any benefit from another

17 person upon an agreement or understanding that such benefit

18 will influence his or her conduct in relation to his or her

19 employer's or principal's affairs.

20 (c) Financial institution fraud. A person commits

21 financial institution fraud when he or she knowingly executes

22 or attempts to execute a scheme or artifice:

23 (1) to defraud a financial institution; or

24 (2) to obtain any of the moneys, funds, credits,

25 assets, securities, or other property owned by or under the

26 custody or control of a financial institution, by means of

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LRB100 04874 SLF 39019 a

1 pretenses, representations, or promises he or she knows to

2 be false.

3 (d) Loan fraud. A person commits loan fraud when he or she

4 knowingly, with intent to defraud, makes any false statement or

5 report, or overvalues any land, property, or security, with the

6 intent to influence in any way the action of a financial

7 institution to act upon any application, advance, discount,

8 purchase, purchase agreement, repurchase agreement,

9 commitment, or loan, or any change or extension of any of the

10 same, by renewal, deferment of action, or otherwise, or the

11 acceptance, release, or substitution of security.

12 (e) Concealment of collateral. A person commits

13 concealment of collateral when he or she, with intent to

14 defraud, knowingly conceals, removes, disposes of, or converts

15 to the person's own use or to that of another any property

16 mortgaged or pledged to or held by a financial institution.

17 (f) Financial institution robbery. A person commits

18 robbery when he or she knowingly, by force or threat of force,

19 or by intimidation, takes, or attempts to take, from the person

20 or presence of another, or obtains or attempts to obtain by

21 extortion, any property or money or any other thing of value

22 belonging to, or in the care, custody, control, management, or

23 possession of, a financial institution.

24 (g) Conspiracy to commit a financial crime.

25 (1) A person commits conspiracy to commit a financial

26 crime when, with the intent that any violation of this

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1 Section be committed, he or she agrees with another person

2 to the commission of that offense.

3 (2) No person may be convicted of conspiracy to commit

4 a financial crime unless an overt act or acts in

5 furtherance of the agreement is alleged and proved to have

6 been committed by that person or by a co-conspirator and

7 the accused is a part of a common scheme or plan to engage

8 in the unlawful activity.

9 (3) It shall not be a defense to conspiracy to commit a

10 financial crime that the person or persons with whom the

11 accused is alleged to have conspired:

12 (A) has not been prosecuted or convicted;

13 (B) has been convicted of a different offense;

14 (C) is not amenable to justice;

15 (D) has been acquitted; or

16 (E) lacked the capacity to commit the offense.

17 (h) Continuing financial crimes enterprise. A person

18 commits a continuing financial crimes enterprise when he or she

19 knowingly, within an 18-month period, commits 3 or more

20 separate offenses constituting any combination of the

21 following:

22 (1) an offense under this Section;

23 (2) a felony offense in violation of Section 16A-3 or

24 subsection (a) of Section 16-25 or paragraph (4) or (5) of

25 subsection (a) of Section 16-1 of this Code for the purpose

26 of reselling or otherwise re-entering the merchandise in

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1 commerce, including conveying the merchandise to a

2 merchant in exchange for anything of value; or

3 (3) if involving a financial institution, any other

4 felony offense under this Code.

5 (i) Organizer of a continuing financial crimes enterprise.

6 (1) A person commits being an organizer of a continuing

7 financial crimes enterprise when he or she:

8 (A) with the intent to commit any offense, agrees

9 with another person to the commission of any

10 combination of the following offenses on 3 or more

11 separate occasions within an 18-month period:

12 (i) an offense under this Section;

13 (ii) a felony offense in violation of Section

14 16A-3 or subsection (a) of Section 16-25 or

15 paragraph (4) or (5) of subsection (a) of Section

16 16-1 of this Code for the purpose of reselling or

17 otherwise re-entering the merchandise in commerce,

18 including conveying the merchandise to a merchant

19 in exchange for anything of value; or

20 (iii) if involving a financial institution,

21 any other felony offense under this Code; and

22 (B) with respect to the other persons within the

23 conspiracy, occupies a position of organizer,

24 supervisor, or financier or other position of

25 management.

26 (2) The person with whom the accused agreed to commit

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1 the 3 or more offenses under this Section, or, if involving

2 a financial institution, any other felony offenses under

3 this Code, need not be the same person or persons for each

4 offense, as long as the accused was a part of the common

5 scheme or plan to engage in each of the 3 or more alleged

6 offenses.

7 (j) Sentence.

8 (1) Except as otherwise provided in this subsection, a

9 violation of this Section, the full value of which:

10 (A) does not exceed $500, is a Class A misdemeanor;

11 (B) does not exceed $500, and the person has been

12 previously convicted of a financial crime or any type

13 of theft, robbery, armed robbery, burglary,

14 residential burglary, possession of burglary tools, or

15 home invasion, is guilty of a Class 4 felony;

16 (C) exceeds $500 but does not exceed $10,000, is a

17 Class 3 felony;

18 (D) exceeds $10,000 but does not exceed $100,000,

19 is a Class 2 felony;

20 (E) exceeds $100,000 but does not exceed $500,000,

21 is a Class 1 felony;

22 (F) exceeds $500,000 but does not exceed

23 $1,000,000, is a Class 1 non-probationable felony;

24 when a charge of financial crime, the full value of

25 which exceeds $500,000 but does not exceed $1,000,000,

26 is brought, the value of the financial crime involved

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1 is an element of the offense to be resolved by the

2 trier of fact as either exceeding or not exceeding

3 $500,000;

4 (G) exceeds $1,000,000, is a Class X felony; when a

5 charge of financial crime, the full value of which

6 exceeds $1,000,000, is brought, the value of the

7 financial crime involved is an element of the offense

8 to be resolved by the trier of fact as either exceeding

9 or not exceeding $1,000,000.

10 (2) A violation of subsection (f) is a Class 1 felony.

11 (3) A violation of subsection (h) is a Class 1 felony.

12 (4) A violation for subsection (i) is a Class X felony.

13 (k) A "financial crime" means an offense described in this

14 Section.

15 (l) Period of limitations. The period of limitations for

16 prosecution of any offense defined in this Section begins at

17 the time when the last act in furtherance of the offense is

18 committed.

19 (m) Forfeiture. Any violation of subdivision (2) of

20 subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to

21 the remedies, procedures, and forfeiture as set forth in

22 subsections (f) through (s) of Section 29B-1 of this Code.

23 (Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,

24 eff. 1-1-12, and 97-147, eff. 1-1-12; 97-1109, eff. 1-1-13.)

25 (Text of Section after amendment by P.A. 100-512)

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1 Sec. 17-10.6. Financial institution fraud.

2 (a) Misappropriation of financial institution property. A

3 person commits misappropriation of a financial institution's

4 property whenever he or she knowingly obtains or exerts

5 unauthorized control over any of the moneys, funds, credits,

6 assets, securities, or other property owned by or under the

7 custody or control of a financial institution, or under the

8 custody or care of any agent, officer, director, or employee of

9 such financial institution.

10 (b) Commercial bribery of a financial institution.

11 (1) A person commits commercial bribery of a financial

12 institution when he or she knowingly confers or offers or

13 agrees to confer any benefit upon any employee, agent, or

14 fiduciary without the consent of the latter's employer or

15 principal, with the intent to influence his or her conduct

16 in relation to his or her employer's or principal's

17 affairs.

18 (2) An employee, agent, or fiduciary of a financial

19 institution commits commercial bribery of a financial

20 institution when, without the consent of his or her

21 employer or principal, he or she knowingly solicits,

22 accepts, or agrees to accept any benefit from another

23 person upon an agreement or understanding that such benefit

24 will influence his or her conduct in relation to his or her

25 employer's or principal's affairs.

26 (c) Financial institution fraud. A person commits

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LRB100 04874 SLF 39019 a

1 financial institution fraud when he or she knowingly executes

2 or attempts to execute a scheme or artifice:

3 (1) to defraud a financial institution; or

4 (2) to obtain any of the moneys, funds, credits,

5 assets, securities, or other property owned by or under the

6 custody or control of a financial institution, by means of

7 pretenses, representations, or promises he or she knows to

8 be false.

9 (d) Loan fraud. A person commits loan fraud when he or she

10 knowingly, with intent to defraud, makes any false statement or

11 report, or overvalues any land, property, or security, with the

12 intent to influence in any way the action of a financial

13 institution to act upon any application, advance, discount,

14 purchase, purchase agreement, repurchase agreement,

15 commitment, or loan, or any change or extension of any of the

16 same, by renewal, deferment of action, or otherwise, or the

17 acceptance, release, or substitution of security.

18 (e) Concealment of collateral. A person commits

19 concealment of collateral when he or she, with intent to

20 defraud, knowingly conceals, removes, disposes of, or converts

21 to the person's own use or to that of another any property

22 mortgaged or pledged to or held by a financial institution.

23 (f) Financial institution robbery. A person commits

24 robbery when he or she knowingly, by force or threat of force,

25 or by intimidation, takes, or attempts to take, from the person

26 or presence of another, or obtains or attempts to obtain by

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LRB100 04874 SLF 39019 a

1 extortion, any property or money or any other thing of value

2 belonging to, or in the care, custody, control, management, or

3 possession of, a financial institution.

4 (g) Conspiracy to commit a financial crime.

5 (1) A person commits conspiracy to commit a financial

6 crime when, with the intent that any violation of this

7 Section be committed, he or she agrees with another person

8 to the commission of that offense.

9 (2) No person may be convicted of conspiracy to commit

10 a financial crime unless an overt act or acts in

11 furtherance of the agreement is alleged and proved to have

12 been committed by that person or by a co-conspirator and

13 the accused is a part of a common scheme or plan to engage

14 in the unlawful activity.

15 (3) It shall not be a defense to conspiracy to commit a

16 financial crime that the person or persons with whom the

17 accused is alleged to have conspired:

18 (A) has not been prosecuted or convicted;

19 (B) has been convicted of a different offense;

20 (C) is not amenable to justice;

21 (D) has been acquitted; or

22 (E) lacked the capacity to commit the offense.

23 (h) Continuing financial crimes enterprise. A person

24 commits a continuing financial crimes enterprise when he or she

25 knowingly, within an 18-month period, commits 3 or more

26 separate offenses constituting any combination of the

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LRB100 04874 SLF 39019 a

1 following:

2 (1) an offense under this Section;

3 (2) a felony offense in violation of Section 16A-3 or

4 subsection (a) of Section 16-25 or paragraph (4) or (5) of

5 subsection (a) of Section 16-1 of this Code for the purpose

6 of reselling or otherwise re-entering the merchandise in

7 commerce, including conveying the merchandise to a

8 merchant in exchange for anything of value; or

9 (3) if involving a financial institution, any other

10 felony offense under this Code.

11 (i) Organizer of a continuing financial crimes enterprise.

12 (1) A person commits being an organizer of a continuing

13 financial crimes enterprise when he or she:

14 (A) with the intent to commit any offense, agrees

15 with another person to the commission of any

16 combination of the following offenses on 3 or more

17 separate occasions within an 18-month period:

18 (i) an offense under this Section;

19 (ii) a felony offense in violation of Section

20 16A-3 or subsection (a) of Section 16-25 or

21 paragraph (4) or (5) of subsection (a) of Section

22 16-1 of this Code for the purpose of reselling or

23 otherwise re-entering the merchandise in commerce,

24 including conveying the merchandise to a merchant

25 in exchange for anything of value; or

26 (iii) if involving a financial institution,

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LRB100 04874 SLF 39019 a

1 any other felony offense under this Code; and

2 (B) with respect to the other persons within the

3 conspiracy, occupies a position of organizer,

4 supervisor, or financier or other position of

5 management.

6 (2) The person with whom the accused agreed to commit

7 the 3 or more offenses under this Section, or, if involving

8 a financial institution, any other felony offenses under

9 this Code, need not be the same person or persons for each

10 offense, as long as the accused was a part of the common

11 scheme or plan to engage in each of the 3 or more alleged

12 offenses.

13 (j) Sentence.

14 (1) Except as otherwise provided in this subsection, a

15 violation of this Section, the full value of which:

16 (A) does not exceed $500, is a Class A misdemeanor;

17 (B) does not exceed $500, and the person has been

18 previously convicted of a financial crime or any type

19 of theft, robbery, armed robbery, burglary,

20 residential burglary, possession of burglary tools, or

21 home invasion, is guilty of a Class 4 felony;

22 (C) exceeds $500 but does not exceed $10,000, is a

23 Class 3 felony;

24 (D) exceeds $10,000 but does not exceed $100,000,

25 is a Class 2 felony;

26 (E) exceeds $100,000 but does not exceed $500,000,

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LRB100 04874 SLF 39019 a

1 is a Class 1 felony;

2 (F) exceeds $500,000 but does not exceed

3 $1,000,000, is a Class 1 non-probationable felony;

4 when a charge of financial crime, the full value of

5 which exceeds $500,000 but does not exceed $1,000,000,

6 is brought, the value of the financial crime involved

7 is an element of the offense to be resolved by the

8 trier of fact as either exceeding or not exceeding

9 $500,000;

10 (G) exceeds $1,000,000, is a Class X felony; when a

11 charge of financial crime, the full value of which

12 exceeds $1,000,000, is brought, the value of the

13 financial crime involved is an element of the offense

14 to be resolved by the trier of fact as either exceeding

15 or not exceeding $1,000,000.

16 (2) A violation of subsection (f) is a Class 1 felony.

17 (3) A violation of subsection (h) is a Class 1 felony.

18 (4) A violation for subsection (i) is a Class X felony.

19 (k) A "financial crime" means an offense described in this

20 Section.

21 (l) Period of limitations. The period of limitations for

22 prosecution of any offense defined in this Section begins at

23 the time when the last act in furtherance of the offense is

24 committed.

25 (m) Forfeiture. Any violation of subdivision (2) of

26 subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to

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LRB100 04874 SLF 39019 a

1 the remedies, procedures, and forfeiture as set forth in

2 Article 29B ~~subsections (f) through (s) of Section 29B-1~~ of

3 this Code.

4 Property seized or forfeited under this Section is subject

5 to reporting under the Seizure and Forfeiture Reporting Act.

6 (Source: P.A. 100-512, eff. 7-1-18.)

7 (720 ILCS 5/29B-0.5 new)

8 Sec. 29B-0.5. Definitions. In this Article:

9 "Conduct" or "conducts" includes, in addition to its

10 ordinary meaning, initiating, concluding, or participating in

11 initiating or concluding a transaction.

12 "Criminally derived property" means: (1) any property,

13 real or personal, constituting or derived from proceeds

14 obtained, directly or indirectly, from activity that

15 constitutes a felony under State, federal, or foreign law; or

16 (2) any property represented to be property constituting or

17 derived from proceeds obtained, directly or indirectly, from

18 activity that constitutes a felony under State, federal, or

19 foreign law.

20 "Department" means the Department of State Police of this

21 State or its successor agency.

22 "Director" means the Director of State Police or his or her

23 designated agents.

24 "Financial institution" means any bank; saving and loan

25 association; trust company; agency or branch of a foreign bank

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1 in the United States; currency exchange; credit union; mortgage

2 banking institution; pawnbroker; loan or finance company;

3 operator of a credit card system; issuer, redeemer, or cashier

4 of travelers checks, checks, or money orders; dealer in

5 precious metals, stones, or jewels; broker or dealer in

6 securities or commodities; investment banker; or investment

7 company.

8 "Financial transaction" means a purchase, sale, loan,

9 pledge, gift, transfer, delivery, or other disposition

10 utilizing criminally derived property, and with respect to

11 financial institutions, includes a deposit, withdrawal,

12 transfer between accounts, exchange of currency, loan,

13 extension of credit, purchase or sale of any stock, bond,

14 certificate of deposit or other monetary instrument, use of

15 safe deposit box, or any other payment, transfer or delivery

16 by, through, or to a financial institution. "Financial

17 transaction" also means a transaction which without regard to

18 whether the funds, monetary instruments, or real or personal

19 property involved in the transaction are criminally derived,

20 any transaction which in any way or degree: (1) involves the

21 movement of funds by wire or any other means; (2) involves one

22 or more monetary instruments; or (3) the transfer of title to

23 any real or personal property. The receipt by an attorney of

24 bona fide fees for the purpose of legal representation is not a

25 financial transaction for purposes of this Article.

26 "Form 4-64" means the Illinois State Police

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LRB100 04874 SLF 39019 a

1 Notice/Inventory of Seized Property (Form 4-64).

2 "Knowing that the property involved in a financial

3 transaction represents the proceeds of some form of unlawful

4 activity" means that the person knew the property involved in

5 the transaction represented proceeds from some form, though not

6 necessarily which form, of activity that constitutes a felony

7 under State, federal, or foreign law.

8 "Monetary instrument" means United States coins and

9 currency; coins and currency of a foreign country; travelers

10 checks; personal checks, bank checks, and money orders;

11 investment securities; bearer negotiable instruments; bearer

12 investment securities; or bearer securities and certificates

13 of stock in a form that title passes upon delivery.

14 "Specified criminal activity" means any violation of

15 Section 29D-15.1 and any violation of Article 29D of this Code.

16 "Transaction reporting requirement under State law" means

17 any violation as defined under the Currency Reporting Act.

18 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)

19 (Text of Section before amendment by P.A. 100-512)

20 Sec. 29B-1. (a) A person commits the offense of money

21 laundering:

22 (1) when, knowing that the property involved in a

23 financial transaction represents the proceeds of some form

24 of unlawful activity, he or she conducts or attempts to

25 conduct such a financial transaction which in fact involves

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LRB100 04874 SLF 39019 a

1 criminally derived property:

2 (A) with the intent to promote the carrying on of

3 the unlawful activity from which the criminally

4 derived property was obtained; or

5 (B) where he or she knows or reasonably should know

6 that the financial transaction is designed in whole or

7 in part:

8 (i) to conceal or disguise the nature, the

9 location, the source, the ownership or the control

10 of the criminally derived property; or

11 (ii) to avoid a transaction reporting

12 requirement under State law; or

13 (1.5) when he or she transports, transmits, or

14 transfers, or attempts to transport, transmit, or transfer

15 a monetary instrument:

16 (A) with the intent to promote the carrying on of

17 the unlawful activity from which the criminally

18 derived property was obtained; or

19 (B) knowing, or having reason to know, that the

20 financial transaction is designed in whole or in part:

21 (i) to conceal or disguise the nature, the

22 location, the source, the ownership or the control

23 of the criminally derived property; or

24 (ii) to avoid a transaction reporting

25 requirement under State law; or

26 (2) when, with the intent to:

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LRB100 04874 SLF 39019 a

1 (A) promote the carrying on of a specified criminal

2 activity as defined in this Article; or

3 (B) conceal or disguise the nature, location,

4 source, ownership, or control of property believed to

5 be the proceeds of a specified criminal activity as

6 defined by subdivision (b)(6); or

7 (C) avoid a transaction reporting requirement

8 under State law,

9 he or she conducts or attempts to conduct a financial

10 transaction involving property he or she believes to be the

11 proceeds of specified criminal activity as defined by

12 subdivision (b)(6) or property used to conduct or

13 facilitate specified criminal activity as defined by

14 subdivision (b)(6).

15 (b) As used in this Section:

16 (0.5) "Knowing that the property involved in a

17 financial transaction represents the proceeds of some form

18 of unlawful activity" means that the person knew the

19 property involved in the transaction represented proceeds

20 from some form, though not necessarily which form, of

21 activity that constitutes a felony under State, federal, or

22 foreign law.

23 (1) "Financial transaction" means a purchase, sale,

24 loan, pledge, gift, transfer, delivery or other

25 disposition utilizing criminally derived property, and

26 with respect to financial institutions, includes a

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LRB100 04874 SLF 39019 a

1 deposit, withdrawal, transfer between accounts, exchange

2 of currency, loan, extension of credit, purchase or sale of

3 any stock, bond, certificate of deposit or other monetary

4 instrument, use of safe deposit box, or any other payment,

5 transfer or delivery by, through, or to a financial

6 institution. For purposes of clause (a)(2) of this Section,

7 the term "financial transaction" also means a transaction

8 which without regard to whether the funds, monetary

9 instruments, or real or personal property involved in the

10 transaction are criminally derived, any transaction which

11 in any way or degree: (1) involves the movement of funds by

12 wire or any other means; (2) involves one or more monetary

13 instruments; or (3) the transfer of title to any real or

14 personal property. The receipt by an attorney of bona fide

15 fees for the purpose of legal representation is not a

16 financial transaction for purposes of this Section.

17 (2) "Financial institution" means any bank; saving and

18 loan association; trust company; agency or branch of a

19 foreign bank in the United States; currency exchange;

20 credit union, mortgage banking institution; pawnbroker;

21 loan or finance company; operator of a credit card system;

22 issuer, redeemer or cashier of travelers checks, checks or

23 money orders; dealer in precious metals, stones or jewels;

24 broker or dealer in securities or commodities; investment

25 banker; or investment company.

26 (3) "Monetary instrument" means United States coins

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LRB100 04874 SLF 39019 a

1 and currency; coins and currency of a foreign country;

2 travelers checks; personal checks, bank checks, and money

3 orders; investment securities; bearer negotiable

4 instruments; bearer investment securities; or bearer

5 securities and certificates of stock in such form that

6 title thereto passes upon delivery.

7 (4) "Criminally derived property" means: (A) any

8 property, real or personal, constituting or derived from

9 proceeds obtained, directly or indirectly, from activity

10 that constitutes a felony under State, federal, or foreign

11 law; or (B) any property represented to be property

12 constituting or derived from proceeds obtained, directly

13 or indirectly, from activity that constitutes a felony

14 under State, federal, or foreign law.

15 (5) "Conduct" or "conducts" includes, in addition to

16 its ordinary meaning, initiating, concluding, or

17 participating in initiating or concluding a transaction.

18 (6) "Specified criminal activity" means any violation

19 of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation

20 of Article 29D of this Code.

21 (7) "Director" means the Director of State Police or

22 his or her designated agents.

23 (8) "Department" means the Department of State Police

24 of the State of Illinois or its successor agency.

25 (9) "Transaction reporting requirement under State

26 law" means any violation as defined under the Currency

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1 Reporting Act.

2 (c) Sentence.

3 (1) Laundering of criminally derived property of a

4 value not exceeding $10,000 is a Class 3 felony;

5 (2) Laundering of criminally derived property of a

6 value exceeding $10,000 but not exceeding $100,000 is a

7 Class 2 felony;

8 (3) Laundering of criminally derived property of a

9 value exceeding $100,000 but not exceeding $500,000 is a

10 Class 1 felony;

11 (4) Money laundering in violation of subsection (a)(2)

12 of this Section is a Class X felony;

13 (5) Laundering of criminally derived property of a

14 value exceeding $500,000 is a Class 1 non-probationable

15 felony;

16 (6) In a prosecution under clause (a)(1.5)(B)(ii) of

17 this Section, the sentences are as follows:

18 (A) Laundering of property of a value not exceeding

19 $10,000 is a Class 3 felony;

20 (B) Laundering of property of a value exceeding

21 $10,000 but not exceeding $100,000 is a Class 2 felony;

22 (C) Laundering of property of a value exceeding

23 $100,000 but not exceeding $500,000 is a Class 1

24 felony;

25 (D) Laundering of property of a value exceeding

26 $500,000 is a Class 1 non-probationable felony.

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1 (d) Evidence. In a prosecution under this Article, either

2 party may introduce the following evidence pertaining to the

3 issue of whether the property or proceeds were known to be some

4 form of criminally derived property or from some form of

5 unlawful activity:

6 (1) A financial transaction was conducted or

7 structured or attempted in violation of the reporting

8 requirements of any State or federal law; or

9 (2) A financial transaction was conducted or attempted

10 with the use of a false or fictitious name or a forged

11 instrument; or

12 (3) A falsely altered or completed written instrument

13 or a written instrument that contains any materially false

14 personal identifying information was made, used, offered

15 or presented, whether accepted or not, in connection with a

16 financial transaction; or

17 (4) A financial transaction was structured or

18 attempted to be structured so as to falsely report the

19 actual consideration or value of the transaction; or

20 (5) A money transmitter, a person engaged in a trade or

21 business or any employee of a money transmitter or a person

22 engaged in a trade or business, knows or reasonably should

23 know that false personal identifying information has been

24 presented and incorporates the false personal identifying

25 information into any report or record; or

26 (6) The criminally derived property is transported or

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1 possessed in a fashion inconsistent with the ordinary or

2 usual means of transportation or possession of such

3 property and where the property is discovered in the

4 absence of any documentation or other indicia of legitimate

5 origin or right to such property; or

6 (7) A person pays or receives substantially less than

7 face value for one or more monetary instruments; or

8 (8) A person engages in a transaction involving one or

9 more monetary instruments, where the physical condition or

10 form of the monetary instrument or instruments makes it

11 apparent that they are not the product of bona fide

12 business or financial transactions.

13 (e) Duty to enforce this Article.

14 (1) It is the duty of the Department of State Police,

15 and its agents, officers, and investigators, to enforce all

16 provisions of this Article, except those specifically

17 delegated, and to cooperate with all agencies charged with

18 the enforcement of the laws of the United States, or of any

19 state, relating to money laundering. Only an agent,

20 officer, or investigator designated by the Director may be

21 authorized in accordance with this Section to serve seizure

22 notices, warrants, subpoenas, and summonses under the

23 authority of this State.

24 (2) Any agent, officer, investigator, or peace officer

25 designated by the Director may: (A) make seizure of

26 property pursuant to the provisions of this Article; and

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1 (B) perform such other law enforcement duties as the

2 Director designates. It is the duty of all State's

3 Attorneys to prosecute violations of this Article and

4 institute legal proceedings as authorized under this

5 Article.

6 (f) Protective orders.

7 (1) Upon application of the State, the court may enter

8 a restraining order or injunction, require the execution of

9 a satisfactory performance bond, or take any other action

10 to preserve the availability of property described in

11 subsection (h) for forfeiture under this Article:

12 (A) upon the filing of an indictment, information,

13 or complaint charging a violation of this Article for

14 which forfeiture may be ordered under this Article and

15 alleging that the property with respect to which the

16 order is sought would be subject to forfeiture under

17 this Article; or

18 (B) prior to the filing of such an indictment,

19 information, or complaint, if, after notice to persons

20 appearing to have an interest in the property and

21 opportunity for a hearing, the court determines that:

22 (i) there is probable cause to believe that the

23 State will prevail on the issue of forfeiture and

24 that failure to enter the order will result in the

25 property being destroyed, removed from the

26 jurisdiction of the court, or otherwise made

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1 unavailable for forfeiture; and

2 (ii) the need to preserve the availability of

3 the property through the entry of the requested

4 order outweighs the hardship on any party against

5 whom the order is to be entered.

6 Provided, however, that an order entered pursuant

7 to subparagraph (B) shall be effective for not more

8 than 90 days, unless extended by the court for good

9 cause shown or unless an indictment, information,

10 complaint, or administrative notice has been filed.

11 (2) A temporary restraining order under this

12 subsection may be entered upon application of the State

13 without notice or opportunity for a hearing when an

14 indictment, information, complaint, or administrative

15 notice has not yet been filed with respect to the property,

16 if the State demonstrates that there is probable cause to

17 believe that the property with respect to which the order

18 is sought would be subject to forfeiture under this Section

19 and that provision of notice will jeopardize the

20 availability of the property for forfeiture. Such a

21 temporary order shall expire not more than 30 days after

22 the date on which it is entered, unless extended for good

23 cause shown or unless the party against whom it is entered

24 consents to an extension for a longer period. A hearing

25 requested concerning an order entered under this paragraph

26 shall be held at the earliest possible time and prior to

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1 the expiration of the temporary order.

2 (3) The court may receive and consider, at a hearing

3 held pursuant to this subsection (f), evidence and

4 information that would be inadmissible under the Illinois

5 rules of evidence.

6 (4) Order to repatriate and deposit.

7 (A) In general. Pursuant to its authority to enter

8 a pretrial restraining order under this Section, the

9 court may order a defendant to repatriate any property

10 that may be seized and forfeited and to deposit that

11 property pending trial with the Illinois State Police

12 or another law enforcement agency designated by the

13 Illinois State Police.

14 (B) Failure to comply. Failure to comply with an

15 order under this subsection (f) is punishable as a

16 civil or criminal contempt of court.

17 (g) Warrant of seizure. The State may request the issuance

18 of a warrant authorizing the seizure of property described in

19 subsection (h) in the same manner as provided for a search

20 warrant. If the court determines that there is probable cause

21 to believe that the property to be seized would be subject to

22 forfeiture, the court shall issue a warrant authorizing the

23 seizure of such property.

24 (h) Forfeiture.

25 (1) The following are subject to forfeiture:

26 (A) any property, real or personal, constituting,

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1 derived from, or traceable to any proceeds the person

2 obtained directly or indirectly, as a result of a

3 violation of this Article;

4 (B) any of the person's property used, or intended

5 to be used, in any manner or part, to commit, or to

6 facilitate the commission of, a violation of this

7 Article;

8 (C) all conveyances, including aircraft, vehicles

9 or vessels, which are used, or intended for use, to

10 transport, or in any manner to facilitate the

11 transportation, sale, receipt, possession, or

12 concealment of property described in subparagraphs (A)

13 and (B), but:

14 (i) no conveyance used by any person as a

15 common carrier in the transaction of business as a

16 common carrier is subject to forfeiture under this

17 Section unless it appears that the owner or other

18 person in charge of the conveyance is a consenting

19 party or privy to a violation of this Article;

20 (ii) no conveyance is subject to forfeiture

21 under this Section by reason of any act or omission

22 which the owner proves to have been committed or

23 omitted without his or her knowledge or consent;

24 (iii) a forfeiture of a conveyance encumbered

25 by a bona fide security interest is subject to the

26 interest of the secured party if he or she neither

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1 had knowledge of nor consented to the act or

2 omission;

3 (D) all real property, including any right, title,

4 and interest (including, but not limited to, any

5 leasehold interest or the beneficial interest in a land

6 trust) in the whole of any lot or tract of land and any

7 appurtenances or improvements, which is used or

8 intended to be used, in any manner or part, to commit,

9 or in any manner to facilitate the commission of, any

10 violation of this Article or that is the proceeds of

11 any violation or act that constitutes a violation of

12 this Article.

13 (2) Property subject to forfeiture under this Article

14 may be seized by the Director or any peace officer upon

15 process or seizure warrant issued by any court having

16 jurisdiction over the property. Seizure by the Director or

17 any peace officer without process may be made:

18 (A) if the seizure is incident to a seizure

19 warrant;

20 (B) if the property subject to seizure has been the

21 subject of a prior judgment in favor of the State in a

22 criminal proceeding, or in an injunction or forfeiture

23 proceeding based upon this Article;

24 (C) if there is probable cause to believe that the

25 property is directly or indirectly dangerous to health

26 or safety;

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1 (D) if there is probable cause to believe that the

2 property is subject to forfeiture under this Article

3 and the property is seized under circumstances in which

4 a warrantless seizure or arrest would be reasonable; or

5 (E) in accordance with the Code of Criminal

6 Procedure of 1963.

7 (3) In the event of seizure pursuant to paragraph (2),

8 forfeiture proceedings shall be instituted in accordance

9 with subsections (i) through (r).

10 (4) Property taken or detained under this Section shall

11 not be subject to replevin, but is deemed to be in the

12 custody of the Director subject only to the order and

13 judgments of the circuit court having jurisdiction over the

14 forfeiture proceedings and the decisions of the State's

15 Attorney under this Article. When property is seized under

16 this Article, the seizing agency shall promptly conduct an

17 inventory of the seized property and estimate the

18 property's value and shall forward a copy of the inventory

19 of seized property and the estimate of the property's value

20 to the Director. Upon receiving notice of seizure, the

21 Director may:

22 (A) place the property under seal;

23 (B) remove the property to a place designated by

24 the Director;

25 (C) keep the property in the possession of the

26 seizing agency;

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1 (D) remove the property to a storage area for

2 safekeeping or, if the property is a negotiable

3 instrument or money and is not needed for evidentiary

4 purposes, deposit it in an interest bearing account;

5 (E) place the property under constructive seizure

6 by posting notice of pending forfeiture on it, by

7 giving notice of pending forfeiture to its owners and

8 interest holders, or by filing notice of pending

9 forfeiture in any appropriate public record relating

10 to the property; or

11 (F) provide for another agency or custodian,

12 including an owner, secured party, or lienholder, to

13 take custody of the property upon the terms and

14 conditions set by the Director.

15 (5) When property is forfeited under this Article, the

16 Director shall sell all such property unless such property

17 is required by law to be destroyed or is harmful to the

18 public, and shall distribute the proceeds of the sale,

19 together with any moneys forfeited or seized, in accordance

20 with paragraph (6). However, upon the application of the

21 seizing agency or prosecutor who was responsible for the

22 investigation, arrest or arrests and prosecution which

23 lead to the forfeiture, the Director may return any item of

24 forfeited property to the seizing agency or prosecutor for

25 official use in the enforcement of laws, if the agency or

26 prosecutor can demonstrate that the item requested would be

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1 useful to the agency or prosecutor in its enforcement

2 efforts. When any real property returned to the seizing

3 agency is sold by the agency or its unit of government, the

4 proceeds of the sale shall be delivered to the Director and

5 distributed in accordance with paragraph (6).

6 (6) All monies and the sale proceeds of all other

7 property forfeited and seized under this Article shall be

8 distributed as follows:

9 (A) 65% shall be distributed to the metropolitan

10 enforcement group, local, municipal, county, or State

11 law enforcement agency or agencies which conducted or

12 participated in the investigation resulting in the

13 forfeiture. The distribution shall bear a reasonable

14 relationship to the degree of direct participation of

15 the law enforcement agency in the effort resulting in

16 the forfeiture, taking into account the total value of

17 the property forfeited and the total law enforcement

18 effort with respect to the violation of the law upon

19 which the forfeiture is based. Amounts distributed to

20 the agency or agencies shall be used for the

21 enforcement of laws.

22 (B)(i) 12.5% shall be distributed to the Office of

23 the State's Attorney of the county in which the

24 prosecution resulting in the forfeiture was

25 instituted, deposited in a special fund in the county

26 treasury and appropriated to the State's Attorney for

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1 use in the enforcement of laws. In counties over

2 3,000,000 population, 25% shall be distributed to the

3 Office of the State's Attorney for use in the

4 enforcement of laws. If the prosecution is undertaken

5 solely by the Attorney General, the portion provided

6 hereunder shall be distributed to the Attorney General

7 for use in the enforcement of laws.

8 (ii) 12.5% shall be distributed to the Office of

9 the State's Attorneys Appellate Prosecutor and

10 deposited in the Narcotics Profit Forfeiture Fund of

11 that office to be used for additional expenses incurred

12 in the investigation, prosecution and appeal of cases

13 arising under laws. The Office of the State's Attorneys

14 Appellate Prosecutor shall not receive distribution

15 from cases brought in counties with over 3,000,000

16 population.

17 (C) 10% shall be retained by the Department of

18 State Police for expenses related to the

19 administration and sale of seized and forfeited

20 property.

21 Moneys and the sale proceeds distributed to the

22 Department of State Police under this Article shall be

23 deposited in the Money Laundering Asset Recovery Fund

24 created in the State treasury and shall be used by the

25 Department of State Police for State law enforcement

26 purposes.

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1 (7) All moneys and sale proceeds of property forfeited

2 and seized under this Article and distributed according to

3 paragraph (6) may also be used to purchase opioid

4 antagonists as defined in Section 5-23 of the Alcoholism

5 and Other Drug Abuse and Dependency Act.

6 (i) Notice to owner or interest holder.

7 (1) Whenever notice of pending forfeiture or service of

8 an in rem complaint is required under the provisions of

9 this Article, such notice or service shall be given as

10 follows:

11 (A) If the owner's or interest holder's name and

12 current address are known, then by either personal

13 service or mailing a copy of the notice by certified

14 mail, return receipt requested, to that address. For

15 purposes of notice under this Section, if a person has

16 been arrested for the conduct giving rise to the

17 forfeiture, then the address provided to the arresting

18 agency at the time of arrest shall be deemed to be that

19 person's known address. Provided, however, if an owner

20 or interest holder's address changes prior to the

21 effective date of the notice of pending forfeiture, the

22 owner or interest holder shall promptly notify the

23 seizing agency of the change in address or, if the

24 owner or interest holder's address changes subsequent

25 to the effective date of the notice of pending

26 forfeiture, the owner or interest holder shall

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1 promptly notify the State's Attorney of the change in

2 address; or

3 (B) If the property seized is a conveyance, to the

4 address reflected in the office of the agency or

5 official in which title or interest to the conveyance

6 is required by law to be recorded, then by mailing a

7 copy of the notice by certified mail, return receipt

8 requested, to that address; or

9 (C) If the owner's or interest holder's address is

10 not known, and is not on record as provided in

11 paragraph (B), then by publication for 3 successive

12 weeks in a newspaper of general circulation in the

13 county in which the seizure occurred.

14 (2) Notice served under this Article is effective upon

15 personal service, the last date of publication, or the

16 mailing of written notice, whichever is earlier.

17 (j) Notice to State's Attorney. The law enforcement agency

18 seizing property for forfeiture under this Article shall,

19 within 90 days after seizure, notify the State's Attorney for

20 the county, either where an act or omission giving rise to the

21 forfeiture occurred or where the property was seized, of the

22 seizure of the property and the facts and circumstances giving

23 rise to the seizure and shall provide the State's Attorney with

24 the inventory of the property and its estimated value. When the

25 property seized for forfeiture is a vehicle, the law

26 enforcement agency seizing the property shall immediately

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1 notify the Secretary of State that forfeiture proceedings are

2 pending regarding such vehicle.

3 (k) Non-judicial forfeiture. If non-real property that

4 exceeds $20,000 in value excluding the value of any conveyance,

5 or if real property is seized under the provisions of this

6 Article, the State's Attorney shall institute judicial in rem

7 forfeiture proceedings as described in subsection (l) of this

8 Section within 45 days from receipt of notice of seizure from

9 the seizing agency under subsection (j) of this Section.

10 However, if non-real property that does not exceed $20,000 in

11 value excluding the value of any conveyance is seized, the

12 following procedure shall be used:

13 (1) If, after review of the facts surrounding the

14 seizure, the State's Attorney is of the opinion that the

15 seized property is subject to forfeiture, then within 45

16 days after the receipt of notice of seizure from the

17 seizing agency, the State's Attorney shall cause notice of

18 pending forfeiture to be given to the owner of the property

19 and all known interest holders of the property in

20 accordance with subsection (i) of this Section.

21 (2) The notice of pending forfeiture must include a

22 description of the property, the estimated value of the

23 property, the date and place of seizure, the conduct giving

24 rise to forfeiture or the violation of law alleged, and a

25 summary of procedures and procedural rights applicable to

26 the forfeiture action.

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1 (3)(A) Any person claiming an interest in property

2 which is the subject of notice under paragraph (1) of this

3 subsection (k), must, in order to preserve any rights or

4 claims to the property, within 45 days after the effective

5 date of notice as described in subsection (i) of this

6 Section, file a verified claim with the State's Attorney

7 expressing his or her interest in the property. The claim

8 must set forth:

9 (i) the caption of the proceedings as set forth on

10 the notice of pending forfeiture and the name of the

11 claimant;

12 (ii) the address at which the claimant will accept

13 mail;

14 (iii) the nature and extent of the claimant's

15 interest in the property;

16 (iv) the date, identity of the transferor, and

17 circumstances of the claimant's acquisition of the

18 interest in the property;

19 (v) the name and address of all other persons known

20 to have an interest in the property;

21 (vi) the specific provision of law relied on in

22 asserting the property is not subject to forfeiture;

23 (vii) all essential facts supporting each

24 assertion; and

25 (viii) the relief sought.

26 (B) If a claimant files the claim and deposits with the

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1 State's Attorney a cost bond, in the form of a cashier's

2 check payable to the clerk of the court, in the sum of 10%

3 of the reasonable value of the property as alleged by the

4 State's Attorney or the sum of $100, whichever is greater,

5 upon condition that, in the case of forfeiture, the

6 claimant must pay all costs and expenses of forfeiture

7 proceedings, then the State's Attorney shall institute

8 judicial in rem forfeiture proceedings and deposit the cost

9 bond with the clerk of the court as described in subsection

10 (l) of this Section within 45 days after receipt of the

11 claim and cost bond. In lieu of a cost bond, a person

12 claiming interest in the seized property may file, under

13 penalty of perjury, an indigency affidavit which has been

14 approved by a circuit court judge.

15 (C) If none of the seized property is forfeited in the

16 judicial in rem proceeding, the clerk of the court shall

17 return to the claimant, unless the court orders otherwise,

18 90% of the sum which has been deposited and shall retain as

19 costs 10% of the money deposited. If any of the seized

20 property is forfeited under the judicial forfeiture

21 proceeding, the clerk of the court shall transfer 90% of

22 the sum which has been deposited to the State's Attorney

23 prosecuting the civil forfeiture to be applied to the costs

24 of prosecution and the clerk shall retain as costs 10% of

25 the sum deposited.

26 (4) If no claim is filed or bond given within the 45

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1 day period as described in paragraph (3) of this subsection

2 (k), the State's Attorney shall declare the property

3 forfeited and shall promptly notify the owner and all known

4 interest holders of the property and the Director of State

5 Police of the declaration of forfeiture and the Director

6 shall dispose of the property in accordance with law.

7 (l) Judicial in rem procedures. If property seized under

8 the provisions of this Article is non-real property that

9 exceeds $20,000 in value excluding the value of any conveyance,

10 or is real property, or a claimant has filed a claim and a cost

11 bond under paragraph (3) of subsection (k) of this Section, the

12 following judicial in rem procedures shall apply:

13 (1) If, after a review of the facts surrounding the

14 seizure, the State's Attorney is of the opinion that the

15 seized property is subject to forfeiture, then within 45

16 days of the receipt of notice of seizure by the seizing

17 agency or the filing of the claim and cost bond, whichever

18 is later, the State's Attorney shall institute judicial

19 forfeiture proceedings by filing a verified complaint for

20 forfeiture and, if the claimant has filed a claim and cost

21 bond, by depositing the cost bond with the clerk of the

22 court. When authorized by law, a forfeiture must be ordered

23 by a court on an action in rem brought by a State's

24 Attorney under a verified complaint for forfeiture.

25 (2) During the probable cause portion of the judicial

26 in rem proceeding wherein the State presents its

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1 case-in-chief, the court must receive and consider, among

2 other things, all relevant hearsay evidence and

3 information. The laws of evidence relating to civil actions

4 apply to all other portions of the judicial in rem

5 proceeding.

6 (3) Only an owner of or interest holder in the property

7 may file an answer asserting a claim against the property

8 in the action in rem. For purposes of this Section, the

9 owner or interest holder shall be referred to as claimant.

10 Upon motion of the State, the court shall first hold a

11 hearing, wherein any claimant must establish by a

12 preponderance of the evidence, that he or she has a lawful,

13 legitimate ownership interest in the property and that it

14 was obtained through a lawful source.

15 (4) The answer must be signed by the owner or interest

16 holder under penalty of perjury and must set forth:

17 (A) the caption of the proceedings as set forth on

18 the notice of pending forfeiture and the name of the

19 claimant;

20 (B) the address at which the claimant will accept

21 mail;

22 (C) the nature and extent of the claimant's

23 interest in the property;

24 (D) the date, identity of transferor, and

25 circumstances of the claimant's acquisition of the

26 interest in the property;

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1 (E) the name and address of all other persons known

2 to have an interest in the property;

3 (F) all essential facts supporting each assertion;

4 and

5 (G) the precise relief sought.

6 (5) The answer must be filed with the court within 45

7 days after service of the civil in rem complaint.

8 (6) The hearing must be held within 60 days after

9 filing of the answer unless continued for good cause.

10 (7) The State shall show the existence of probable

11 cause for forfeiture of the property. If the State shows

12 probable cause, the claimant has the burden of showing by a

13 preponderance of the evidence that the claimant's interest

14 in the property is not subject to forfeiture.

15 (8) If the State does not show existence of probable

16 cause, the court shall order the interest in the property

17 returned or conveyed to the claimant and shall order all

18 other property forfeited to the State. If the State does

19 show existence of probable cause, the court shall order all

20 property forfeited to the State.

21 (9) A defendant convicted in any criminal proceeding is

22 precluded from later denying the essential allegations of

23 the criminal offense of which the defendant was convicted

24 in any proceeding under this Article regardless of the

25 pendency of an appeal from that conviction. However,

26 evidence of the pendency of an appeal is admissible.

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1 (10) An acquittal or dismissal in a criminal proceeding

2 does not preclude civil proceedings under this Article;

3 however, for good cause shown, on a motion by the State's

4 Attorney, the court may stay civil forfeiture proceedings

5 during the criminal trial for a related criminal indictment

6 or information alleging a money laundering violation. Such

7 a stay shall not be available pending an appeal. Property

8 subject to forfeiture under this Article shall not be

9 subject to return or release by a court exercising

10 jurisdiction over a criminal case involving the seizure of

11 such property unless such return or release is consented to

12 by the State's Attorney.

13 (11) All property declared forfeited under this

14 Article vests in this State on the commission of the

15 conduct giving rise to forfeiture together with the

16 proceeds of the property after that time. Any such property

17 or proceeds subsequently transferred to any person remain

18 subject to forfeiture and thereafter shall be ordered

19 forfeited.

20 (12) A civil action under this Article must be

21 commenced within 5 years after the last conduct giving rise

22 to forfeiture became known or should have become known or 5

23 years after the forfeitable property is discovered,

24 whichever is later, excluding any time during which either

25 the property or claimant is out of the State or in

26 confinement or during which criminal proceedings relating

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1 to the same conduct are in progress.

2 (m) Stay of time periods. If property is seized for

3 evidence and for forfeiture, the time periods for instituting

4 judicial and non-judicial forfeiture proceedings shall not

5 begin until the property is no longer necessary for evidence.

6 (n) Settlement of claims. Notwithstanding other provisions

7 of this Article, the State's Attorney and a claimant of seized

8 property may enter into an agreed-upon settlement concerning

9 the seized property in such an amount and upon such terms as

10 are set out in writing in a settlement agreement.

11 (o) Property constituting attorney fees. Nothing in this

12 Article applies to property which constitutes reasonable bona

13 fide attorney's fees paid to an attorney for services rendered

14 or to be rendered in the forfeiture proceeding or criminal

15 proceeding relating directly thereto where such property was

16 paid before its seizure, before the issuance of any seizure

17 warrant or court order prohibiting transfer of the property and

18 where the attorney, at the time he or she received the property

19 did not know that it was property subject to forfeiture under

20 this Article.

21 (p) Construction. It is the intent of the General Assembly

22 that the forfeiture provisions of this Article be liberally

23 construed so as to effect their remedial purpose. The

24 forfeiture of property and other remedies hereunder shall be

25 considered to be in addition to, and not exclusive of, any

26 sentence or other remedy provided by law.

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1 (q) Judicial review. If property has been declared

2 forfeited under subsection (k) of this Section, any person who

3 has an interest in the property declared forfeited may, within

4 30 days after the effective date of the notice of the

5 declaration of forfeiture, file a claim and cost bond as

6 described in paragraph (3) of subsection (k) of this Section.

7 If a claim and cost bond is filed under this Section, then the

8 procedures described in subsection (l) of this Section apply.

9 (r) Burden of proof of exemption or exception. It is not

10 necessary for the State to negate any exemption or exception in

11 this Article in any complaint, information, indictment or other

12 pleading or in any trial, hearing, or other proceeding under

13 this Article. The burden of proof of any exemption or exception

14 is upon the person claiming it.

15 (s) Review of administrative decisions. All administrative

16 findings, rulings, final determinations, findings, and

17 conclusions of the State's Attorney's Office under this Article

18 are final and conclusive decisions of the matters involved. Any

19 person aggrieved by the decision may obtain review of the

20 decision pursuant to the provisions of the Administrative

21 Review Law and the rules adopted pursuant to that Law. Pending

22 final decision on such review, the administrative acts, orders,

23 and rulings of the State's Attorney's Office remain in full

24 force and effect unless modified or suspended by order of court

25 pending final judicial decision. Pending final decision on such

26 review, the acts, orders, and rulings of the State's Attorney's

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LRB100 04874 SLF 39019 a

1 Office remain in full force and effect, unless stayed by order

2 of court. However, no stay of any decision of the

3 administrative agency shall issue unless the person aggrieved

4 by the decision establishes by a preponderance of the evidence

5 that good cause exists for the stay. In determining good cause,

6 the court shall find that the aggrieved party has established a

7 substantial likelihood of prevailing on the merits and that

8 granting the stay will not have an injurious effect on the

9 general public.

10 (Source: P.A. 99-480, eff. 9-9-15.)

11 (Text of Section after amendment by P.A. 100-512)

12 Sec. 29B-1. Money laundering.

13 (a) A person commits the offense of money laundering:

14 (1) when, knowing that the property involved in a

15 financial transaction represents the proceeds of some form

16 of unlawful activity, he or she conducts or attempts to

17 conduct the ~~such a~~ financial transaction which in fact

18 involves criminally derived property:

19 (A) with the intent to promote the carrying on of

20 the unlawful activity from which the criminally

21 derived property was obtained; or

22 (B) where he or she knows or reasonably should know

23 that the financial transaction is designed in whole or

24 in part:

25 (i) to conceal or disguise the nature, the

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1 location, the source, the ownership or the control

2 of the criminally derived property; or

3 (ii) to avoid a transaction reporting

4 requirement under State law; or

5 (1.5) when he or she transports, transmits, or

6 transfers, or attempts to transport, transmit, or transfer

7 a monetary instrument:

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) knowing, or having reason to know, that the

12 financial transaction is designed in whole or in part:

13 (i) to conceal or disguise the nature, the

14 location, the source, the ownership or the control

15 of the criminally derived property; or

16 (ii) to avoid a transaction reporting

17 requirement under State law; or

18 (2) when, with the intent to:

19 (A) promote the carrying on of a specified criminal

20 activity as defined in this Article; or

21 (B) conceal or disguise the nature, location,

22 source, ownership, or control of property believed to

23 be the proceeds of a specified criminal activity as

24 defined in this Article ~~by subdivision (b)(6)~~; or

25 (C) avoid a transaction reporting requirement

26 under State law,

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LRB100 04874 SLF 39019 a

1 he or she conducts or attempts to conduct a financial

2 transaction involving property he or she believes to be the

3 proceeds of specified criminal activity~~as defined by~~

4 ~~subdivision (b)(6)~~or property used to conduct or

5 facilitate specified criminal activity as defined in this

6 Article ~~by subdivision (b)(6)~~.

7 (b) (Blank). ~~As used in this Section:~~

8 ~~(0.5) "Knowing that the property involved in a~~

9 ~~financial transaction represents the proceeds of some form~~

10 ~~of unlawful activity" means that the person knew the~~

11 ~~property involved in the transaction represented proceeds~~

12 ~~from some form, though not necessarily which form, of~~

13 ~~activity that constitutes a felony under State, federal, or~~

14 ~~foreign law.~~

15 ~~(1) "Financial transaction" means a purchase, sale,~~

16 ~~loan, pledge, gift, transfer, delivery or other~~

17 ~~disposition utilizing criminally derived property, and~~

18 ~~with respect to financial institutions, includes a~~

19 ~~deposit, withdrawal, transfer between accounts, exchange~~

20 ~~of currency, loan, extension of credit, purchase or sale of~~

21 ~~any stock, bond, certificate of deposit or other monetary~~

22 ~~instrument, use of safe deposit box, or any other payment,~~

23 ~~transfer or delivery by, through, or to a financial~~

24 ~~institution. For purposes of clause (a)(2) of this Section,~~

25 ~~the term "financial transaction" also means a transaction~~

26 ~~which without regard to whether the funds, monetary~~

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1 ~~instruments, or real or personal property involved in the~~

2 ~~transaction are criminally derived, any transaction which~~

3 ~~in any way or degree: (1) involves the movement of funds by~~

4 ~~wire or any other means; (2) involves one or more monetary~~

5 ~~instruments; or (3) the transfer of title to any real or~~

6 ~~personal property. The receipt by an attorney of bona fide~~

7 ~~fees for the purpose of legal representation is not a~~

8 ~~financial transaction for purposes of this Section.~~

9 ~~(2) "Financial institution" means any bank; saving and~~

10 ~~loan association; trust company; agency or branch of a~~

11 ~~foreign bank in the United States; currency exchange;~~

12 ~~credit union, mortgage banking institution; pawnbroker;~~

13 ~~loan or finance company; operator of a credit card system;~~

14 ~~issuer, redeemer or cashier of travelers checks, checks or~~

15 ~~money orders; dealer in precious metals, stones or jewels;~~

16 ~~broker or dealer in securities or commodities; investment~~

17 ~~banker; or investment company.~~

18 ~~(3) "Monetary instrument" means United States coins~~

19 ~~and currency; coins and currency of a foreign country;~~

20 ~~travelers checks; personal checks, bank checks, and money~~

21 ~~orders; investment securities; bearer negotiable~~

22 ~~instruments; bearer investment securities; or bearer~~

23 ~~securities and certificates of stock in such form that~~

24 ~~title thereto passes upon delivery.~~

25 ~~(4) "Criminally derived property" means: (A) any~~

26 ~~property, real or personal, constituting or derived from~~

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1 ~~proceeds obtained, directly or indirectly, from activity~~

2 ~~that constitutes a felony under State, federal, or foreign~~

3 ~~law; or (B) any property represented to be property~~

4 ~~constituting or derived from proceeds obtained, directly~~

5 ~~or indirectly, from activity that constitutes a felony~~

6 ~~under State, federal, or foreign law.~~

7 ~~(5) "Conduct" or "conducts" includes, in addition to~~

8 ~~its ordinary meaning, initiating, concluding, or~~

9 ~~participating in initiating or concluding a transaction.~~

10 ~~(6) "Specified criminal activity" means any violation~~

11 ~~of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation~~

12 ~~of Article 29D of this Code.~~

13 ~~(7) "Director" means the Director of State Police or~~

14 ~~his or her designated agents.~~

15 ~~(8) "Department" means the Department of State Police~~

16 ~~of the State of Illinois or its successor agency.~~

17 ~~(9) "Transaction reporting requirement under State~~

18 ~~law" means any violation as defined under the Currency~~

19 ~~Reporting Act.~~

20 (c) Sentence.

21 (1) Laundering of criminally derived property of a

22 value not exceeding $10,000 is a Class 3 felony;

23 (2) Laundering of criminally derived property of a

24 value exceeding $10,000 but not exceeding $100,000 is a

25 Class 2 felony;

26 (3) Laundering of criminally derived property of a

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1 value exceeding $100,000 but not exceeding $500,000 is a

2 Class 1 felony;

3 (4) Money laundering in violation of subsection (a)(2)

4 of this Section is a Class X felony;

5 (5) Laundering of criminally derived property of a

6 value exceeding $500,000 is a Class 1 non-probationable

7 felony;

8 (6) In a prosecution under clause (a)(1.5)(B)(ii) of

9 this Section, the sentences are as follows:

10 (A) Laundering of property of a value not exceeding

11 $10,000 is a Class 3 felony;

12 (B) Laundering of property of a value exceeding

13 $10,000 but not exceeding $100,000 is a Class 2 felony;

14 (C) Laundering of property of a value exceeding

15 $100,000 but not exceeding $500,000 is a Class 1

16 felony;

17 (D) Laundering of property of a value exceeding

18 $500,000 is a Class 1 non-probationable felony.

19 ~~(d) Evidence. In a prosecution under this Article, either~~

20 ~~party may introduce the following evidence pertaining to the~~

21 ~~issue of whether the property or proceeds were known to be some~~

22 ~~form of criminally derived property or from some form of~~

23 ~~unlawful activity:~~

24 ~~(1) A financial transaction was conducted or~~

25 ~~structured or attempted in violation of the reporting~~

26 ~~requirements of any State or federal law; or~~

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1 ~~(2) A financial transaction was conducted or attempted~~

2 ~~with the use of a false or fictitious name or a forged~~

3 ~~instrument; or~~

4 ~~(3) A falsely altered or completed written instrument~~

5 ~~or a written instrument that contains any materially false~~

6 ~~personal identifying information was made, used, offered~~

7 ~~or presented, whether accepted or not, in connection with a~~

8 ~~financial transaction; or~~

9 ~~(4) A financial transaction was structured or~~

10 ~~attempted to be structured so as to falsely report the~~

11 ~~actual consideration or value of the transaction; or~~

12 ~~(5) A money transmitter, a person engaged in a trade or~~

13 ~~business or any employee of a money transmitter or a person~~

14 ~~engaged in a trade or business, knows or reasonably should~~

15 ~~know that false personal identifying information has been~~

16 ~~presented and incorporates the false personal identifying~~

17 ~~information into any report or record; or~~

18 ~~(6) The criminally derived property is transported or~~

19 ~~possessed in a fashion inconsistent with the ordinary or~~

20 ~~usual means of transportation or possession of such~~

21 ~~property and where the property is discovered in the~~

22 ~~absence of any documentation or other indicia of legitimate~~

23 ~~origin or right to such property; or~~

24 ~~(7) A person pays or receives substantially less than~~

25 ~~face value for one or more monetary instruments; or~~

26 ~~(8) A person engages in a transaction involving one or~~

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1 ~~more monetary instruments, where the physical condition or~~

2 ~~form of the monetary instrument or instruments makes it~~

3 ~~apparent that they are not the product of bona fide~~

4 ~~business or financial transactions.~~

5 ~~(e) Duty to enforce this Article.~~

6 ~~(1) It is the duty of the Department of State Police,~~

7 ~~and its agents, officers, and investigators, to enforce all~~

8 ~~provisions of this Article, except those specifically~~

9 ~~delegated, and to cooperate with all agencies charged with~~

10 ~~the enforcement of the laws of the United States, or of any~~

11 ~~state, relating to money laundering. Only an agent,~~

12 ~~officer, or investigator designated by the Director may be~~

13 ~~authorized in accordance with this Section to serve seizure~~

14 ~~notices, warrants, subpoenas, and summonses under the~~

15 ~~authority of this State.~~

16 ~~(2) Any agent, officer, investigator, or peace officer~~

17 ~~designated by the Director may: (A) make seizure of~~

18 ~~property pursuant to the provisions of this Article; and~~

19 ~~(B) perform such other law enforcement duties as the~~

20 ~~Director designates. It is the duty of all State's~~

21 ~~Attorneys to prosecute violations of this Article and~~

22 ~~institute legal proceedings as authorized under this~~

23 ~~Article.~~

24 ~~(f) Protective orders.~~

25 ~~(1) Upon application of the State, the court may enter~~

26 ~~a restraining order or injunction, require the execution of~~

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1 ~~a satisfactory performance bond, or take any other action~~

2 ~~to preserve the availability of property described in~~

3 ~~subsection (h) for forfeiture under this Article:~~

4 ~~(A) upon the filing of an indictment, information,~~

5 ~~or complaint charging a violation of this Article for~~

6 ~~which forfeiture may be ordered under this Article and~~

7 ~~alleging that the property with respect to which the~~

8 ~~order is sought would be subject to forfeiture under~~

9 ~~this Article; or~~

10 ~~(B) prior to the filing of such an indictment,~~

11 ~~information, or complaint, if, after notice to persons~~

12 ~~appearing to have an interest in the property and~~

13 ~~opportunity for a hearing, the court determines that:~~

14 ~~(i) there is probable cause to believe that the~~

15 ~~State will prevail on the issue of forfeiture and~~

16 ~~that failure to enter the order will result in the~~

17 ~~property being destroyed, removed from the~~

18 ~~jurisdiction of the court, or otherwise made~~

19 ~~unavailable for forfeiture; and~~

20 ~~(ii) the need to preserve the availability of~~

21 ~~the property through the entry of the requested~~

22 ~~order outweighs the hardship on any party against~~

23 ~~whom the order is to be entered.~~

24 ~~Provided, however, that an order entered pursuant~~

25 ~~to subparagraph (B) shall be effective for not more~~

26 ~~than 90 days, unless extended by the court for good~~

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1 ~~cause shown or unless an indictment, information,~~

2 ~~complaint, or administrative notice has been filed.~~

3 ~~(2) A temporary restraining order under this~~

4 ~~subsection may be entered upon application of the State~~

5 ~~without notice or opportunity for a hearing when an~~

6 ~~indictment, information, complaint, or administrative~~

7 ~~notice has not yet been filed with respect to the property,~~

8 ~~if the State demonstrates that there is probable cause to~~

9 ~~believe that the property with respect to which the order~~

10 ~~is sought would be subject to forfeiture under this Section~~

11 ~~and that provision of notice will jeopardize the~~

12 ~~availability of the property for forfeiture. Such a~~

13 ~~temporary order shall expire not more than 30 days after~~

14 ~~the date on which it is entered, unless extended for good~~

15 ~~cause shown or unless the party against whom it is entered~~

16 ~~consents to an extension for a longer period. A hearing~~

17 ~~requested concerning an order entered under this paragraph~~

18 ~~shall be held at the earliest possible time and prior to~~

19 ~~the expiration of the temporary order.~~

20 ~~(3) The court may receive and consider, at a hearing~~

21 ~~held pursuant to this subsection (f), evidence and~~

22 ~~information that would be inadmissible under the Illinois~~

23 ~~rules of evidence.~~

24 ~~(4) Order to repatriate and deposit.~~

25 ~~(A) In general. Pursuant to its authority to enter~~

26 ~~a pretrial restraining order under this Section, the~~

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LRB100 04874 SLF 39019 a

1 ~~court may order a defendant to repatriate any property~~

2 ~~that may be seized and forfeited and to deposit that~~

3 ~~property pending trial with the Illinois State Police~~

4 ~~or another law enforcement agency designated by the~~

5 ~~Illinois State Police.~~

6 ~~(B) Failure to comply. Failure to comply with an~~

7 ~~order under this subsection (f) is punishable as a~~

8 ~~civil or criminal contempt of court.~~

9 ~~(g) Warrant of seizure. The State may request the issuance~~

10 ~~of a warrant authorizing the seizure of property described in~~

11 ~~subsection (h) in the same manner as provided for a search~~

12 ~~warrant. If the court determines that there is probable cause~~

13 ~~to believe that the property to be seized would be subject to~~

14 ~~forfeiture, the court shall issue a warrant authorizing the~~

15 ~~seizure of such property.~~

16 ~~(h) Forfeiture.~~

17 ~~(1) The following are subject to forfeiture:~~

18 ~~(A) any property, real or personal, constituting,~~

19 ~~derived from, or traceable to any proceeds the person~~

20 ~~obtained directly or indirectly, as a result of a~~

21 ~~violation of this Article;~~

22 ~~(B) any of the person's property used, or intended~~

23 ~~to be used, in any manner or part, to commit, or to~~

24 ~~facilitate the commission of, a violation of this~~

25 ~~Article;~~

26 ~~(C) all conveyances, including aircraft, vehicles~~

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1 ~~or vessels, which are used, or intended for use, to~~

2 ~~transport, or in any manner to facilitate the~~

3 ~~transportation, sale, receipt, possession, or~~

4 ~~concealment of property described in subparagraphs (A)~~

5 ~~and (B), but:~~

6 ~~(i) no conveyance used by any person as a~~

7 ~~common carrier in the transaction of business as a~~

8 ~~common carrier is subject to forfeiture under this~~

9 ~~Section unless it appears that the owner or other~~

10 ~~person in charge of the conveyance is a consenting~~

11 ~~party or privy to a violation of this Article;~~

12 ~~(ii) no conveyance is subject to forfeiture~~

13 ~~under this Section by reason of any act or omission~~

14 ~~which the owner proves to have been committed or~~

15 ~~omitted without his or her knowledge or consent;~~

16 ~~(iii) a forfeiture of a conveyance encumbered~~

17 ~~by a bona fide security interest is subject to the~~

18 ~~interest of the secured party if he or she neither~~

19 ~~had knowledge of nor consented to the act or~~

20 ~~omission;~~

21 ~~(D) all real property, including any right, title,~~

22 ~~and interest (including, but not limited to, any~~

23 ~~leasehold interest or the beneficial interest in a land~~

24 ~~trust) in the whole of any lot or tract of land and any~~

25 ~~appurtenances or improvements, which is used or~~

26 ~~intended to be used, in any manner or part, to commit,~~

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LRB100 04874 SLF 39019 a

1 ~~or in any manner to facilitate the commission of, any~~

2 ~~violation of this Article or that is the proceeds of~~

3 ~~any violation or act that constitutes a violation of~~

4 ~~this Article.~~

5 ~~(2) Property subject to forfeiture under this Article~~

6 ~~may be seized by the Director or any peace officer upon~~

7 ~~process or seizure warrant issued by any court having~~

8 ~~jurisdiction over the property. Seizure by the Director or~~

9 ~~any peace officer without process may be made:~~

10 ~~(A) if the seizure is incident to a seizure~~

11 ~~warrant;~~

12 ~~(B) if the property subject to seizure has been the~~

13 ~~subject of a prior judgment in favor of the State in a~~

14 ~~criminal proceeding, or in an injunction or forfeiture~~

15 ~~proceeding based upon this Article;~~

16 ~~(C) if there is probable cause to believe that the~~

17 ~~property is directly or indirectly dangerous to health~~

18 ~~or safety;~~

19 ~~(D) if there is probable cause to believe that the~~

20 ~~property is subject to forfeiture under this Article~~

21 ~~and the property is seized under circumstances in which~~

22 ~~a warrantless seizure or arrest would be reasonable; or~~

23 ~~(E) in accordance with the Code of Criminal~~

24 ~~Procedure of 1963.~~

25 ~~(3) In the event of seizure pursuant to paragraph (2),~~

26 ~~forfeiture proceedings shall be instituted in accordance~~

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LRB100 04874 SLF 39019 a

1 ~~with subsections (i) through (r).~~

2 ~~(4) Property taken or detained under this Section shall~~

3 ~~not be subject to replevin, but is deemed to be in the~~

4 ~~custody of the Director subject only to the order and~~

5 ~~judgments of the circuit court having jurisdiction over the~~

6 ~~forfeiture proceedings and the decisions of the State's~~

7 ~~Attorney under this Article. When property is seized under~~

8 ~~this Article, the seizing agency shall promptly conduct an~~

9 ~~inventory of the seized property and estimate the~~

10 ~~property's value and shall forward a copy of the inventory~~

11 ~~of seized property and the estimate of the property's value~~

12 ~~to the Director. Upon receiving notice of seizure, the~~

13 ~~Director may:~~

14 ~~(A) place the property under seal;~~

15 ~~(B) remove the property to a place designated by~~

16 ~~the Director;~~

17 ~~(C) keep the property in the possession of the~~

18 ~~seizing agency;~~

19 ~~(D) remove the property to a storage area for~~

20 ~~safekeeping or, if the property is a negotiable~~

21 ~~instrument or money and is not needed for evidentiary~~

22 ~~purposes, deposit it in an interest bearing account;~~

23 ~~(E) place the property under constructive seizure~~

24 ~~by posting notice of pending forfeiture on it, by~~

25 ~~giving notice of pending forfeiture to its owners and~~

26 ~~interest holders, or by filing notice of pending~~

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LRB100 04874 SLF 39019 a

1 ~~forfeiture in any appropriate public record relating~~

2 ~~to the property; or~~

3 ~~(F) provide for another agency or custodian,~~

4 ~~including an owner, secured party, or lienholder, to~~

5 ~~take custody of the property upon the terms and~~

6 ~~conditions set by the Director.~~

7 ~~(5) When property is forfeited under this Article, the~~

8 ~~Director shall sell all such property unless such property~~

9 ~~is required by law to be destroyed or is harmful to the~~

10 ~~public, and shall distribute the proceeds of the sale,~~

11 ~~together with any moneys forfeited or seized, in accordance~~

12 ~~with paragraph (6).~~

13 ~~(6) All monies and the sale proceeds of all other~~

14 ~~property forfeited and seized under this Article shall be~~

15 ~~distributed as follows:~~

16 ~~(A) 65% shall be distributed to the metropolitan~~

17 ~~enforcement group, local, municipal, county, or State~~

18 ~~law enforcement agency or agencies which conducted or~~

19 ~~participated in the investigation resulting in the~~

20 ~~forfeiture. The distribution shall bear a reasonable~~

21 ~~relationship to the degree of direct participation of~~

22 ~~the law enforcement agency in the effort resulting in~~

23 ~~the forfeiture, taking into account the total value of~~

24 ~~the property forfeited and the total law enforcement~~

25 ~~effort with respect to the violation of the law upon~~

26 ~~which the forfeiture is based. Amounts distributed to~~

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LRB100 04874 SLF 39019 a

1 ~~the agency or agencies shall be used for the~~

2 ~~enforcement of laws.~~

3 ~~(B)(i) 12.5% shall be distributed to the Office of~~

4 ~~the State's Attorney of the county in which the~~

5 ~~prosecution resulting in the forfeiture was~~

6 ~~instituted, deposited in a special fund in the county~~

7 ~~treasury and appropriated to the State's Attorney for~~

8 ~~use in the enforcement of laws. In counties over~~

9 ~~3,000,000 population, 25% shall be distributed to the~~

10 ~~Office of the State's Attorney for use in the~~

11 ~~enforcement of laws. If the prosecution is undertaken~~

12 ~~solely by the Attorney General, the portion provided~~

13 ~~hereunder shall be distributed to the Attorney General~~

14 ~~for use in the enforcement of laws.~~

15 ~~(ii) 12.5% shall be distributed to the Office of~~

16 ~~the State's Attorneys Appellate Prosecutor and~~

17 ~~deposited in the Narcotics Profit Forfeiture Fund of~~

18 ~~that office to be used for additional expenses incurred~~

19 ~~in the investigation, prosecution and appeal of cases~~

20 ~~arising under laws. The Office of the State's Attorneys~~

21 ~~Appellate Prosecutor shall not receive distribution~~

22 ~~from cases brought in counties with over 3,000,000~~

23 ~~population.~~

24 ~~(C) 10% shall be retained by the Department of~~

25 ~~State Police for expenses related to the~~

26 ~~administration and sale of seized and forfeited~~

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LRB100 04874 SLF 39019 a

1 ~~property.~~

2 ~~Moneys and the sale proceeds distributed to the~~

3 ~~Department of State Police under this Article shall be~~

4 ~~deposited in the Money Laundering Asset Recovery Fund~~

5 ~~created in the State treasury and shall be used by the~~

6 ~~Department of State Police for State law enforcement~~

7 ~~purposes.~~

8 ~~(7) All moneys and sale proceeds of property forfeited~~

9 ~~and seized under this Article and distributed according to~~

10 ~~paragraph (6) may also be used to purchase opioid~~

11 ~~antagonists as defined in Section 5-23 of the Alcoholism~~

12 ~~and Other Drug Abuse and Dependency Act.~~

13 ~~(7.5) Preliminary Review.~~

14 ~~(A) Within 14 days of the seizure, the State shall~~

15 ~~seek a preliminary determination from the circuit~~

16 ~~court as to whether there is probable cause that the~~

17 ~~property may be subject to forfeiture.~~

18 ~~(B) The rules of evidence shall not apply to any~~

19 ~~proceeding conducted under this Section.~~

20 ~~(C) The court may conduct the review under~~

21 ~~subparagraph (A) of this paragraph (7.5)~~

22 ~~simultaneously with a proceeding under Section 109-1~~

23 ~~of the Code of Criminal Procedure of 1963 for a related~~

24 ~~criminal offense if a prosecution is commenced by~~

25 ~~information or complaint.~~

26 ~~(D) The court may accept a finding of probable~~

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LRB100 04874 SLF 39019 a

1 ~~cause at a preliminary hearing following the filing of~~

2 ~~an information or complaint charging a related~~

3 ~~criminal offense or following the return of indictment~~

4 ~~by a grand jury charging the related offense as~~

5 ~~sufficient evidence of probable cause as required~~

6 ~~under subparagraph (A) of this paragraph (7.5).~~

7 ~~(E) Upon a finding of probable cause as required~~

8 ~~under this Section, the circuit court shall order the~~

9 ~~property subject to the applicable forfeiture Act held~~

10 ~~until the conclusion of any forfeiture proceeding.~~

11 ~~(i) Notice to owner or interest holder.~~

12 ~~(1) The first attempted service shall be commenced~~

13 ~~within 28 days of the latter of filing of the verified~~

14 ~~claim or the receipt of the notice from seizing agency by~~

15 ~~form 4-64. A complaint for forfeiture or a notice of~~

16 ~~pending forfeiture shall be served on a claimant if the~~

17 ~~owner's or interest holder's name and current address are~~

18 ~~known, then by either: (i) personal service or; (ii)~~

19 ~~mailing a copy of the notice by certified mail, return~~

20 ~~receipt requested and first class mail, to that address. If~~

21 ~~no signed return receipt is received by the State's~~

22 ~~Attorney within 28 days of mailing or no communication from~~

23 ~~the owner or interest holder is received by the State's~~

24 ~~Attorney documenting actual notice by the parties, the~~

25 ~~State's Attorney shall, within a reasonable period of time,~~

26 ~~mail a second copy of the notice by certified mail, return~~

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LRB100 04874 SLF 39019 a

1 ~~receipt requested and first class mail, to that address. If~~

2 ~~no signed return receipt is received by the State's~~

3 ~~Attorney within 28 days of the second mailing, or no~~

4 ~~communication from the owner or interest holder is received~~

5 ~~by the State's Attorney documenting actual notice by the~~

6 ~~parties, the State's Attorney shall have 60 days to attempt~~

7 ~~to personally serve the notice by personal service,~~

8 ~~including substitute service by leaving a copy at the usual~~

9 ~~place of abode with some person of the family or a person~~

10 ~~residing there, of the age of 13 years or upwards. If after~~

11 ~~3 attempts at service in this manner, and no service of the~~

12 ~~notice is accomplished, the notice shall be posted in a~~

13 ~~conspicuous manner at this address and service shall be~~

14 ~~made by the posting. The attempts at service and the~~

15 ~~posting if required, shall be documented by the person~~

16 ~~attempting service and the documentation shall be made part~~

17 ~~of a return of service returned to the State's Attorney.~~

18 ~~The State's Attorney may utilize any Sheriff or Deputy~~

19 ~~Sheriff, a peace officer, a private process server or~~

20 ~~investigator, or an employee, agent, or investigator of the~~

21 ~~State's Attorney's Office to attempt service without~~

22 ~~seeking leave of court. After the procedures listed are~~

23 ~~followed, service shall be effective on the owner or~~

24 ~~interest holder on the date of receipt by the State's~~

25 ~~Attorney of a returned return receipt requested, or on the~~

26 ~~date of receipt of a communication from an owner or~~

10000SB0564sam001

- 86 -

LRB100 04874 SLF 39019 a

1 ~~interest holder documenting actual notice, whichever is~~

2 ~~first in time, or on the date of the last act performed by~~

3 ~~the State's Attorney in attempting personal service. For~~

4 ~~purposes of notice under this Section, if a person has been~~

5 ~~arrested for the conduct giving rise to the forfeiture, the~~

6 ~~address provided to the arresting agency at the time of~~

7 ~~arrest shall be deemed to be that person's known address.~~

8 ~~Provided, however, if an owner or interest holder's address~~

9 ~~changes prior to the effective date of the notice of~~

10 ~~pending forfeiture, the owner or interest holder shall~~

11 ~~promptly notify the seizing agency of the change in address~~

12 ~~or, if the owner or interest holder's address changes~~

13 ~~subsequent to the effective date of the notice of pending~~

14 ~~forfeiture, the owner or interest holder shall promptly~~

15 ~~notify the State's Attorney of the change in address. If~~

16 ~~the property seized is a conveyance, notice shall also be~~

17 ~~directed to the address reflected in the office of the~~

18 ~~agency or official in which title or interest to the~~

19 ~~conveyance is required by law to be recorded.~~

20 ~~(A) (Blank);~~

21 ~~(A-5) If the owner's or interest holder's address~~

22 ~~is not known, and is not on record as provided in~~

23 ~~paragraph (1), service by publication for 3 successive~~

24 ~~weeks in a newspaper of general circulation in the~~

25 ~~county in which the seizure occurred shall suffice for~~

26 ~~service requirements.~~

10000SB0564sam001

- 87 -

LRB100 04874 SLF 39019 a

1 ~~(A-10) Notice to any business entity, corporation,~~

2 ~~LLC, LLP, or partnership shall be complete by a single~~

3 ~~mailing of a copy of the notice by certified mail,~~

4 ~~return receipt requested and first class mail, to that~~

5 ~~address. This notice is complete regardless of the~~

6 ~~return of a signed "return receipt requested".~~

7 ~~(A-15) Notice to a person whose address is not~~

8 ~~within the State shall be completed by a single mailing~~

9 ~~of a copy of the notice by certified mail, return~~

10 ~~receipt requested and first class mail to that address.~~

11 ~~This notice is complete regardless of the return of a~~

12 ~~signed "return receipt requested".~~

13 ~~(A-20) Notice to a person whose address is not~~

14 ~~within the United States shall be completed by a single~~

15 ~~mailing of a copy of the notice by certified mail,~~

16 ~~return receipt requested and first class mail to that~~

17 ~~address. This notice is complete regardless of the~~

18 ~~return of a signed "return receipt requested". If~~

19 ~~certified mail is not available in the foreign country~~

20 ~~where the person has an address, notice shall proceed~~

21 ~~by paragraph (A-15) publication requirements.~~

22 ~~(A-25) A person who the State's Attorney~~

23 ~~reasonably should know is incarcerated within this~~

24 ~~State, shall also include, mailing a copy of the notice~~

25 ~~by certified mail, return receipt requested and first~~

26 ~~class mail, to the address of the detention facility~~

10000SB0564sam001

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LRB100 04874 SLF 39019 a

1 ~~with the inmate's name clearly marked on the envelope.~~

2 ~~After a claimant files a verified claim with the~~

3 ~~State's Attorney and provides an address at which they~~

4 ~~will accept service, the complaint shall be served and~~

5 ~~notice shall be complete upon the mailing of the~~

6 ~~complaint to the claimant at the address the claimant~~

7 ~~provided via certified mail, return receipt requested~~

8 ~~and first class mail. No return receipt card need be~~

9 ~~received, or any other attempts at service need be made~~

10 ~~to comply with service and notice requirements under~~

11 ~~this Section. This certified mailing, return receipt~~

12 ~~requested shall be proof of service of the complaint on~~

13 ~~the claimant. If notice is to be shown by actual notice~~

14 ~~from communication with a claimant, then the State's~~

15 ~~Attorney shall file an affidavit as proof of service~~

16 ~~providing details of the communication which shall be~~

17 ~~accepted as proof of service by the court.~~

18 ~~(B) If the property seized is a conveyance, to the~~

19 ~~address reflected in the office of the agency or~~

20 ~~official in which title or interest to the conveyance~~

21 ~~is required by law to be recorded, then by mailing a~~

22 ~~copy of the notice by certified mail, return receipt~~

23 ~~requested, to that address; or~~

24 ~~(C) (Blank).~~

25 ~~(2) Notice served under this Article is effective upon~~

26 ~~personal service, the last date of publication, or the~~

10000SB0564sam001

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LRB100 04874 SLF 39019 a

1 ~~mailing of written notice, whichever is earlier.~~

2 ~~(j) Notice to State's Attorney. The law enforcement agency~~

3 ~~seizing property for forfeiture under this Article shall,~~

4 ~~within 60 days after seizure, notify the State's Attorney for~~

5 ~~the county, either where an act or omission giving rise to the~~

6 ~~forfeiture occurred or where the property was seized, of the~~

7 ~~seizure of the property and the facts and circumstances giving~~

8 ~~rise to the seizure and shall provide the State's Attorney with~~

9 ~~the inventory of the property and its estimated value. When the~~

10 ~~property seized for forfeiture is a vehicle, the law~~

11 ~~enforcement agency seizing the property shall immediately~~

12 ~~notify the Secretary of State that forfeiture proceedings are~~

13 ~~pending regarding such vehicle. This notice shall be by the~~

14 ~~form 4-64.~~

15 ~~(k) Non-judicial forfeiture. If non-real property that~~

16 ~~exceeds $20,000 in value excluding the value of any conveyance,~~

17 ~~or if real property is seized under the provisions of this~~

18 ~~Article, the State's Attorney shall institute judicial in rem~~

19 ~~forfeiture proceedings as described in subsection (l) of this~~

20 ~~Section within 28 days from receipt of notice of seizure from~~

21 ~~the seizing agency under subsection (j) of this Section.~~

22 ~~However, if non-real property that does not exceed $20,000 in~~

23 ~~value excluding the value of any conveyance is seized, the~~

24 ~~following procedure shall be used:~~

25 ~~(1) If, after review of the facts surrounding the~~

26 ~~seizure, the State's Attorney is of the opinion that the~~

10000SB0564sam001

- 90 -

LRB100 04874 SLF 39019 a

1 ~~seized property is subject to forfeiture, then within 45~~

2 ~~days after the receipt of notice of seizure from the~~

3 ~~seizing agency, the State's Attorney shall cause notice of~~

4 ~~pending forfeiture to be given to the owner of the property~~

5 ~~and all known interest holders of the property in~~

6 ~~accordance with subsection (i) of this Section.~~

7 ~~(2) The notice of pending forfeiture must include a~~

8 ~~description of the property, the estimated value of the~~

9 ~~property, the date and place of seizure, the conduct giving~~

10 ~~rise to forfeiture or the violation of law alleged, and a~~

11 ~~summary of procedures and procedural rights applicable to~~

12 ~~the forfeiture action.~~

13 ~~(3)(A) Any person claiming an interest in property~~

14 ~~which is the subject of notice under paragraph (1) of this~~

15 ~~subsection (k), must, in order to preserve any rights or~~

16 ~~claims to the property, within 45 days after the effective~~

17 ~~date of notice as described in subsection (i) of this~~

18 ~~Section, file a verified claim with the State's Attorney~~

19 ~~expressing his or her interest in the property. The claim~~

20 ~~must set forth:~~

21 ~~(i) the caption of the proceedings as set forth on~~

22 ~~the notice of pending forfeiture and the name of the~~

23 ~~claimant;~~

24 ~~(ii) the address at which the claimant will accept~~

25 ~~mail;~~

26 ~~(iii) the nature and extent of the claimant's~~

10000SB0564sam001

- 91 -

LRB100 04874 SLF 39019 a

1 ~~interest in the property;~~

2 ~~(iv) the date, identity of the transferor, and~~

3 ~~circumstances of the claimant's acquisition of the~~

4 ~~interest in the property;~~

5 ~~(v) the name and address of all other persons known~~

6 ~~to have an interest in the property;~~

7 ~~(vi) the specific provision of law relied on in~~

8 ~~asserting the property is not subject to forfeiture;~~

9 ~~(vii) all essential facts supporting each~~

10 ~~assertion; and~~

11 ~~(viii) the relief sought.~~

12 ~~(B) If a claimant files the claim, then the State's~~

13 ~~Attorney shall institute judicial in rem forfeiture~~

14 ~~proceedings with the clerk of the court as described in~~

15 ~~subsection (l) of this Section within 45 days after receipt~~

16 ~~of the claim.~~

17 ~~(C) (Blank).~~

18 ~~(4) If no claim is filed within the 45 day period as~~

19 ~~described in paragraph (3) of this subsection (k), the~~

20 ~~State's Attorney shall declare the property forfeited and~~

21 ~~shall promptly notify the owner and all known interest~~

22 ~~holders of the property and the Director of State Police of~~

23 ~~the declaration of forfeiture and the Director shall~~

24 ~~dispose of the property in accordance with law.~~

25 ~~(l) Judicial in rem procedures. If property seized under~~

26 ~~the provisions of this Article is non-real property that~~

10000SB0564sam001

- 92 -

LRB100 04874 SLF 39019 a

1 ~~exceeds $20,000 in value excluding the value of any conveyance,~~

2 ~~or is real property, or a claimant has filed a claim under~~

3 ~~paragraph (3) of subsection (k) of this Section, the following~~

4 ~~judicial in rem procedures shall apply:~~

5 ~~(1) If, after a review of the facts surrounding the~~

6 ~~seizure, the State's Attorney is of the opinion that the~~

7 ~~seized property is subject to forfeiture, then within 28~~

8 ~~days of the receipt of notice of seizure by the seizing~~

9 ~~agency or the filing of the claim, whichever is later, the~~

10 ~~State's Attorney shall institute judicial forfeiture~~

11 ~~proceedings by filing a verified complaint for forfeiture.~~

12 ~~When authorized by law, a forfeiture must be ordered by a~~

13 ~~court on an action in rem brought by a State's Attorney~~

14 ~~under a verified complaint for forfeiture.~~

15 ~~(1.5) A complaint of forfeiture shall include:~~

16 ~~(i) a description of the property seized;~~

17 ~~(ii) the date and place of seizure of the property;~~

18 ~~(iii) the name and address of the law enforcement~~

19 ~~agency making the seizure; and~~

20 ~~(iv) the specific statutory and factual grounds~~

21 ~~for the seizure.~~

22 ~~(1.10) The complaint shall be served upon the person~~

23 ~~from whom the property was seized and all persons known or~~

24 ~~reasonably believed by the State to claim an interest in~~

25 ~~the property, as provided in subsection (i) of this~~

26 ~~Section. The complaint shall be accompanied by the~~

10000SB0564sam001

- 93 -

LRB100 04874 SLF 39019 a

1 ~~following written notice:~~

2 ~~"This is a civil court proceeding subject to the Code~~

3 ~~of Civil Procedure. You received this Complaint of~~

4 ~~Forfeiture because the State's Attorney's office has~~

5 ~~brought a legal action seeking forfeiture of your seized~~

6 ~~property. This complaint starts the court process where the~~

7 ~~State seeks to prove that your property should be forfeited~~

8 ~~and not returned to you. This process is also your~~

9 ~~opportunity to try to prove to a judge that you should get~~

10 ~~your property back. The complaint lists the date, time, and~~

11 ~~location of your first court date. You must appear in court~~

12 ~~on that day, or you may lose the case automatically. You~~

13 ~~must also file an appearance and answer. If you are unable~~

14 ~~to pay the appearance fee, you may qualify to have the fee~~

15 ~~waived. If there is a criminal case related to the seizure~~

16 ~~of your property, your case may be set for trial after the~~

17 ~~criminal case has been resolved. Before trial, the judge~~

18 ~~may allow discovery, where the State can ask you to respond~~

19 ~~in writing to questions and give them certain documents,~~

20 ~~and you can make similar requests of the State. The trial~~

21 ~~is your opportunity to explain what happened when your~~

22 ~~property was seized and why you should get the property~~

23 ~~back."~~

24 ~~(2) The laws of evidence relating to civil actions~~

25 ~~shall apply to proceedings under this Article with the~~

26 ~~following exception. The parties shall be allowed to use,~~

10000SB0564sam001

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LRB100 04874 SLF 39019 a

1 ~~and the court shall receive and consider all relevant~~

2 ~~hearsay evidence which relates to evidentiary foundation,~~

3 ~~chain of custody, business records, recordings, laboratory~~

4 ~~analysis, laboratory reports, and relevant hearsay related~~

5 ~~to the use of technology in the investigation which~~

6 ~~resulted in the seizure of property which is now subject to~~

7 ~~this forfeiture action.~~

8 ~~(3) Only an owner of or interest holder in the property~~

9 ~~may file an answer asserting a claim against the property~~

10 ~~in the action in rem. For purposes of this Section, the~~

11 ~~owner or interest holder shall be referred to as claimant.~~

12 ~~Upon motion of the State, the court shall first hold a~~

13 ~~hearing, wherein any claimant must establish by a~~

14 ~~preponderance of the evidence, that he or she has a lawful,~~

15 ~~legitimate ownership interest in the property and that it~~

16 ~~was obtained through a lawful source.~~

17 ~~(4) The answer must be signed by the owner or interest~~

18 ~~holder under penalty of perjury and must set forth:~~

19 ~~(A) the caption of the proceedings as set forth on~~

20 ~~the notice of pending forfeiture and the name of the~~

21 ~~claimant;~~

22 ~~(B) the address at which the claimant will accept~~

23 ~~mail;~~

24 ~~(C) the nature and extent of the claimant's~~

25 ~~interest in the property;~~

26 ~~(D) the date, identity of transferor, and~~

10000SB0564sam001

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LRB100 04874 SLF 39019 a

1 ~~circumstances of the claimant's acquisition of the~~

2 ~~interest in the property;~~

3 ~~(E) the name and address of all other persons known~~

4 ~~to have an interest in the property;~~

5 ~~(F) all essential facts supporting each assertion;~~

6 ~~(G) the precise relief sought; and~~

7 ~~(H) the answer shall follow the rules under the~~

8 ~~Code of Civil Procedure.~~

9 ~~(5) The answer must be filed with the court within 45~~

10 ~~days after service of the civil in rem complaint.~~

11 ~~(6) The hearing must be held within 60 days after~~

12 ~~filing of the answer unless continued for good cause.~~

13 ~~(7) At the judicial in rem proceeding, in the State's~~

14 ~~case in chief, the State shall show by a preponderance of~~

15 ~~the evidence that the property is subject to forfeiture. If~~

16 ~~the State makes such a showing, the claimant shall have the~~

17 ~~burden of production to set forth evidence that the~~

18 ~~property is not related to the alleged factual basis of the~~

19 ~~forfeiture. After this production of evidence, the State~~

20 ~~shall maintain the burden of proof to overcome this~~

21 ~~assertion. A claimant shall provide the State notice of its~~

22 ~~intent to allege that the currency or its equivalent is not~~

23 ~~related to the alleged factual basis of the forfeiture and~~

24 ~~why. As to conveyances, at the judicial in rem proceeding,~~

25 ~~in their case in chief, the State shall show by a~~

26 ~~preponderance of the evidence, that (1) the property is~~

10000SB0564sam001

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LRB100 04874 SLF 39019 a

1 ~~subject to forfeiture; and (2) at least one of the~~

2 ~~following:~~

3 ~~(i) that the claimant was legally accountable for~~

4 ~~the conduct giving rise to the forfeiture;~~

5 ~~(ii) that the claimant knew or reasonably should~~

6 ~~have known of the conduct giving rise to the~~

7 ~~forfeiture;~~

8 ~~(iii) that the claimant knew or reasonable should~~

9 ~~have known that the conduct giving rise to the~~

10 ~~forfeiture was likely to occur;~~

11 ~~(iv) that the claimant held the property for the~~

12 ~~benefit of, or as nominee for, any person whose conduct~~

13 ~~gave rise to its forfeiture;~~

14 ~~(v) that if the claimant acquired their interest~~

15 ~~through any person engaging in any of the conduct~~

16 ~~described above or conduct giving rise to the~~

17 ~~forfeiture;~~

18 ~~(1) the claimant did not acquire it as a bona~~

19 ~~fide purchaser for value; or~~

20 ~~(2) the claimant acquired the interest under~~

21 ~~the circumstances that they reasonably should have~~

22 ~~known the property was derived from, or used in,~~

23 ~~the conduct giving rise to the forfeiture; or~~

24 ~~(vii) that the claimant is not the true owner of~~

25 ~~the property that is subject to forfeiture.~~

26 ~~(8) If the State does not meet its burden to show that~~

10000SB0564sam001

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LRB100 04874 SLF 39019 a

1 ~~the property is subject to forfeiture, the court shall~~

2 ~~order the interest in the property returned or conveyed to~~

3 ~~the claimant and shall order all other property forfeited~~

4 ~~to the State. If the State does meet its burden to show~~

5 ~~that the property is subject to forfeiture, the court shall~~

6 ~~order all property forfeited to the State.~~

7 ~~(9) A defendant convicted in any criminal proceeding is~~

8 ~~precluded from later denying the essential allegations of~~

9 ~~the criminal offense of which the defendant was convicted~~

10 ~~in any proceeding under this Article regardless of the~~

11 ~~pendency of an appeal from that conviction. However,~~

12 ~~evidence of the pendency of an appeal is admissible.~~

13 ~~(10) On a motion by the the parties, the court may stay~~

14 ~~civil forfeiture proceedings during the criminal trial for~~

15 ~~a related criminal indictment or information alleging a~~

16 ~~money laundering violation. Such a stay shall not be~~

17 ~~available pending an appeal. Property subject to~~

18 ~~forfeiture under this Article shall not be subject to~~

19 ~~return or release by a court exercising jurisdiction over a~~

20 ~~criminal case involving the seizure of such property unless~~

21 ~~such return or release is consented to by the State's~~

22 ~~Attorney.~~

23 ~~Notwithstanding any other provision of this Section,~~

24 ~~the State's burden of proof at the trial of the forfeiture~~

25 ~~action shall be by clear and convincing evidence if: (1) a~~

26 ~~finding of not guilty is entered as to all counts and all~~

10000SB0564sam001

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LRB100 04874 SLF 39019 a

1 ~~defendants in a criminal proceeding relating to the conduct~~

2 ~~giving rise to the forfeiture action; or (2) the State~~

3 ~~receives an adverse finding at a preliminary hearing and~~

4 ~~fails to secure an indictment in a criminal proceeding~~

5 ~~relating to the factual allegations of the forfeiture~~

6 ~~action.~~

7 ~~(11) All property declared forfeited under this~~

8 ~~Article vests in this State on the commission of the~~

9 ~~conduct giving rise to forfeiture together with the~~

10 ~~proceeds of the property after that time. Except as~~

11 ~~otherwise provided in this Article, title to any such~~

12 ~~property or proceeds subsequently transferred to any~~

13 ~~person remain subject to forfeiture and thereafter shall be~~

14 ~~ordered forfeited unless the person to whom the property~~

15 ~~was transferred makes an appropriate claim and has his or~~

16 ~~her claim adjudicated at the judicial in rem hearing.~~

17 ~~(12) A civil action under this Article must be~~

18 ~~commenced within 5 years after the last conduct giving rise~~

19 ~~to forfeiture became known or should have become known or 5~~

20 ~~years after the forfeitable property is discovered,~~

21 ~~whichever is later, excluding any time during which either~~

22 ~~the property or claimant is out of the State or in~~

23 ~~confinement or during which criminal proceedings relating~~

24 ~~to the same conduct are in progress.~~

25 ~~(m) Stay of time periods. If property is seized for~~

26 ~~evidence and for forfeiture, the time periods for instituting~~

10000SB0564sam001

- 99 -

LRB100 04874 SLF 39019 a

1 ~~judicial and non-judicial forfeiture proceedings shall not~~

2 ~~begin until the property is no longer necessary for evidence.~~

3 ~~(n) Settlement of claims. Notwithstanding other provisions~~

4 ~~of this Article, the State's Attorney and a claimant of seized~~

5 ~~property may enter into an agreed-upon settlement concerning~~

6 ~~the seized property in such an amount and upon such terms as~~

7 ~~are set out in writing in a settlement agreement. All proceeds~~

8 ~~from a settlement agreement shall be tendered to the Department~~

9 ~~of State Police and distributed under paragraph (6) of~~

10 ~~subsection (h) of this Section.~~

11 ~~(o) Property constituting attorney fees. Nothing in this~~

12 ~~Article applies to property which constitutes reasonable bona~~

13 ~~fide attorney's fees paid to an attorney for services rendered~~

14 ~~or to be rendered in the forfeiture proceeding or criminal~~

15 ~~proceeding relating directly thereto where such property was~~

16 ~~paid before its seizure, before the issuance of any seizure~~

17 ~~warrant or court order prohibiting transfer of the property and~~

18 ~~where the attorney, at the time he or she received the property~~

19 ~~did not know that it was property subject to forfeiture under~~

20 ~~this Article.~~

21 ~~(p) Construction. It is the intent of the General Assembly~~

22 ~~that the forfeiture provisions of this Article be liberally~~

23 ~~construed so as to effect their remedial purpose. The~~

24 ~~forfeiture of property and other remedies hereunder shall be~~

25 ~~considered to be in addition to, and not exclusive of, any~~

26 ~~sentence or other remedy provided by law.~~

10000SB0564sam001

- 100 -

LRB100 04874 SLF 39019 a

1 ~~(q) Judicial review. If property has been declared~~

2 ~~forfeited under subsection (k) of this Section, any person who~~

3 ~~has an interest in the property declared forfeited may, within~~

4 ~~30 days after the effective date of the notice of the~~

5 ~~declaration of forfeiture, file a claim as described in~~

6 ~~paragraph (3) of subsection (k) of this Section. If a claim is~~

7 ~~filed under this Section, then the procedures described in~~

8 ~~subsection (l) of this Section apply.~~

9 ~~(r) (Blank).~~

10 ~~(s) Review of administrative decisions. All administrative~~

11 ~~findings, rulings, final determinations, findings, and~~

12 ~~conclusions of the State's Attorney's Office under this Article~~

13 ~~are final and conclusive decisions of the matters involved. Any~~

14 ~~person aggrieved by the decision may obtain review of the~~

15 ~~decision pursuant to the provisions of the Administrative~~

16 ~~Review Law and the rules adopted pursuant to that Law. Pending~~

17 ~~final decision on such review, the administrative acts, orders,~~

18 ~~and rulings of the State's Attorney's Office remain in full~~

19 ~~force and effect unless modified or suspended by order of court~~

20 ~~pending final judicial decision. Pending final decision on such~~

21 ~~review, the acts, orders, and rulings of the State's Attorney's~~

22 ~~Office remain in full force and effect, unless stayed by order~~

23 ~~of court. However, no stay of any decision of the~~

24 ~~administrative agency shall issue unless the person aggrieved~~

25 ~~by the decision establishes by a preponderance of the evidence~~

26 ~~that good cause exists for the stay. In determining good cause,~~

10000SB0564sam001

- 101 -

LRB100 04874 SLF 39019 a

1 ~~the court shall find that the aggrieved party has established a~~

2 ~~substantial likelihood of prevailing on the merits and that~~

3 ~~granting the stay will not have an injurious effect on the~~

4 ~~general public.~~

5 ~~(t) Actual physical seizure of real property subject to~~

6 ~~forfeiture under this Act requires the issuance of a seizure~~

7 ~~warrant. Nothing in this Section prohibits the constructive~~

8 ~~seizure of real property through the filing of a complaint for~~

9 ~~forfeiture in circuit court and the recording of a lis pendens~~

10 ~~against the real property which is subject to forfeiture~~

11 ~~without any hearing, warrant application, or judicial~~

12 ~~approval.~~

13 ~~(u) Property which is forfeited shall be subject to an 8th~~

14 ~~amendment to the United States Constitution disproportionate~~

15 ~~penalties analysis and the property forfeiture may be denied in~~

16 ~~whole or in part if the court finds that the forfeiture would~~

17 ~~constitute an excessive fine in violation of the 8th amendment~~

18 ~~as interpreted by case law.~~

19 ~~(v) If property is ordered forfeited under this Section~~

20 ~~from a claimant who held title to the property in joint tenancy~~

21 ~~or tenancy in common with another claimant, the court shall~~

22 ~~determine the amount of each owner's interest in the property~~

23 ~~according to principles of property law.~~

24 ~~(w) A claimant or a party interested in personal property~~

25 ~~contained within a seized conveyance may file a request with~~

26 ~~the State's Attorney in a non-judicial forfeiture action, or a~~

10000SB0564sam001

- 102 -

LRB100 04874 SLF 39019 a

1 ~~motion with the court in a judicial forfeiture action for the~~

2 ~~return of any personal property contained within a conveyance~~

3 ~~which is seized under this Article. The return of personal~~

4 ~~property shall not be unreasonably withheld if the personal~~

5 ~~property is not mechanically or electrically coupled to the~~

6 ~~conveyance, needed for evidentiary purposes, or otherwise~~

7 ~~contraband. Any law enforcement agency that returns property~~

8 ~~under a court order under this Section shall not be liable to~~

9 ~~any person who claims ownership to the property if it is~~

10 ~~returned to an improper party.~~

11 ~~(x) Innocent owner hearing.~~

12 ~~(1) After a complaint for forfeiture has been filed and~~

13 ~~all claimants have appeared and answered, a claimant may~~

14 ~~file a motion with the court for an innocent owner hearing~~

15 ~~prior to trial. This motion shall be made and supported by~~

16 ~~sworn affidavit and shall assert the following along with~~

17 ~~specific facts which support each assertion:~~

18 ~~(i) that the claimant filing the motion is the true~~

19 ~~owner of the conveyance as interpreted by case law;~~

20 ~~(ii) that the claimant was not legally accountable~~

21 ~~for the conduct giving rise to the forfeiture or~~

22 ~~acquiesced in the conduct;~~

23 ~~(iii) that the claimant did not solicit, conspire,~~

24 ~~or attempt to commit the conduct giving rise to the~~

25 ~~forfeiture;~~

26 ~~(iv) that the claimant did not know or did not have~~

10000SB0564sam001

- 103 -

LRB100 04874 SLF 39019 a

1 ~~reason to know that the conduct giving rise to the~~

2 ~~forfeiture was likely to occur; and~~

3 ~~(v) that the claimant did not hold the property for~~

4 ~~the benefit of, or as nominee for any person whose~~

5 ~~conduct gave rise to its forfeiture or if the owner or~~

6 ~~interest holder acquired the interest through any~~

7 ~~person, the owner or interest holder did not acquire it~~

8 ~~as a bona fide purchaser for value or acquired the~~

9 ~~interest without knowledge of the seizure of the~~

10 ~~property for forfeiture.~~

11 ~~(2) The claimant shall include specific facts which~~

12 ~~support these assertions in their motion.~~

13 ~~(3) Upon this filing, a hearing may only be conducted~~

14 ~~after the parties have been given the opportunity to~~

15 ~~conduct limited discovery as to the ownership and control~~

16 ~~of the property, the claimant's knowledge, or any matter~~

17 ~~relevant to the issues raised or facts alleged in the~~

18 ~~claimant's motion. Discovery shall be limited to the~~

19 ~~People's requests in these areas but may proceed by any~~

20 ~~means allowed in the Code of Civil Procedure.~~

21 ~~(i) After discovery is complete and the court has~~

22 ~~allowed for sufficient time to review and investigate~~

23 ~~the discovery responses, the court shall conduct a~~

24 ~~hearing. At the hearing, the fact that the conveyance~~

25 ~~is subject to forfeiture shall not be at issue. The~~

26 ~~court shall only hear evidence relating to the issue of~~

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1 ~~innocent ownership.~~

2 ~~(ii) At the hearing on the motion, it shall be the~~

3 ~~burden of the claimant to prove each of the assertions~~

4 ~~listed in paragraph (1) of this subsection (x) by a~~

5 ~~preponderance of the evidence.~~

6 ~~(iii) If a claimant meets his burden of proof, the~~

7 ~~court shall grant the motion and order the property~~

8 ~~returned to the claimant. If the claimant fails to meet~~

9 ~~his or her burden of proof then the court shall deny~~

10 ~~the motion.~~

11 ~~(y) No property shall be forfeited under this Section from~~

12 ~~a person who, without actual or constructive notice that the~~

13 ~~property was the subject of forfeiture proceedings, obtained~~

14 ~~possession of the property as a bona fide purchaser for value.~~

15 ~~A person who purports to affect transfer of property after~~

16 ~~receiving actual or constructive notice that the property is~~

17 ~~subject to seizure or forfeiture is guilty of contempt of~~

18 ~~court, and shall be liable to the State for a penalty in the~~

19 ~~amount of the fair market value of the property.~~

20 ~~(z) Forfeiture proceedings under this Section shall be~~

21 ~~subject to the Code of Civil Procedure and the rules of~~

22 ~~evidence relating to civil actions.~~

23 ~~(aa) Return of property, damages, and costs.~~

24 ~~(1) The law enforcement agency that holds custody of~~

25 ~~property seized for forfeiture shall deliver property~~

26 ~~ordered by the court to be returned or conveyed to the~~

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1 ~~claimant within a reasonable time not to exceed 7 days,~~

2 ~~unless the order is stayed by the trial court or a~~

3 ~~reviewing court pending an appeal, motion to reconsider, or~~

4 ~~other reason.~~

5 ~~(2) The law enforcement agency that holds custody of~~

6 ~~property is responsible for any damages, storage fees, and~~

7 ~~related costs applicable to property returned. The~~

8 ~~claimant shall not be subject to any charges by the State~~

9 ~~for storage of the property or expenses incurred in the~~

10 ~~preservation of the property. Charges for the towing of a~~

11 ~~conveyance shall be borne by the claimant unless the~~

12 ~~conveyance was towed for the sole reason of seizure for~~

13 ~~forfeiture. This Section does not prohibit the imposition~~

14 ~~of any fees or costs by a home rule unit of local~~

15 ~~government related to the impoundment of a conveyance under~~

16 ~~an ordinance enacted by the unit of government.~~

17 ~~(3) A law enforcement agency shall not retain forfeited~~

18 ~~property for its own use or transfer the property to any~~

19 ~~person or entity, except as provided under this Section. A~~

20 ~~law enforcement agency may apply in writing to the Director~~

21 ~~of State Police to request that a forfeited property be~~

22 ~~awarded to the agency for a specifically articulated~~

23 ~~official law enforcement use in an investigation. The~~

24 ~~Director of State Police shall provide a written~~

25 ~~justification in each instance detailing the reasons why~~

26 ~~the forfeited property was placed into official use and the~~

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1 ~~justification shall be retained for a period of not less~~

2 ~~than 3 years.~~

3 ~~(bb) The changes made to this Section by this amendatory~~

4 ~~Act of the 100th General Assembly are subject to Sections 2 and~~

5 ~~4 of the Statute on Statutes.~~

6 (Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18.)

7 (720 ILCS 5/29B-2 new)

8 Sec. 29B-2. Evidence in money laundering prosecutions.

9 In a prosecution under this Article, either party may

10 introduce the following evidence pertaining to the issue of

11 whether the property or proceeds were known to be some form of

12 criminally derived property or from some form of unlawful

13 activity:

14 (1) a financial transaction was conducted or

15 structured or attempted in violation of the reporting

16 requirements of any State or federal law;

17 (2) a financial transaction was conducted or attempted

18 with the use of a false or fictitious name or a forged

19 instrument;

20 (3) a falsely altered or completed written instrument

21 or a written instrument that contains any materially false

22 personal identifying information was made, used, offered

23 or presented, whether accepted or not, in connection with a

24 financial transaction;

25 (4) a financial transaction was structured or

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1 attempted to be structured so as to falsely report the

2 actual consideration or value of the transaction;

3 (5) a money transmitter, a person engaged in a trade or

4 business, or any employee of a money transmitter or a

5 person engaged in a trade or business, knows or reasonably

6 should know that false personal identifying information

7 has been presented and incorporates the false personal

8 identifying information into any report or record;

9 (6) the criminally derived property is transported or

10 possessed in a fashion inconsistent with the ordinary or

11 usual means of transportation or possession of the property

12 and where the property is discovered in the absence of any

13 documentation or other indicia of legitimate origin or

14 right to the property;

15 (7) a person pays or receives substantially less than

16 face value for one or more monetary instruments; or

17 (8) a person engages in a transaction involving one or

18 more monetary instruments, where the physical condition or

19 form of the monetary instrument or instruments makes it

20 apparent that they are not the product of bona fide

21 business or financial transactions.

22 (720 ILCS 5/29B-3 new)

23 Sec. 29B-3. Duty to enforce this Article.

24 (a) It is the duty of the Department of State Police, and

25 its agents, officers, and investigators, to enforce this

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1 Article, except those provisions otherwise specifically

2 delegated, and to cooperate with all agencies charged with the

3 enforcement of the laws of the United States, or of any state,

4 relating to money laundering. Only an agent, officer, or

5 investigator designated by the Director may be authorized in

6 accordance with this Section to serve seizure notices,

7 warrants, subpoenas, and summonses under the authority of this

8 State.

9 (b) An agent, officer, investigator, or peace officer

10 designated by the Director may: (1) make seizure of property

11 under this Article; and (2) perform other law enforcement

12 duties as the Director designates. It is the duty of all

13 State's Attorneys to prosecute violations of this Article and

14 institute legal proceedings as authorized under this Article.

15 (720 ILCS 5/29B-4 new)

16 Sec. 29B-4. Protective orders and warrants for forfeiture

17 purposes.

18 (a) Upon application of the State, the court may enter a

19 restraining order or injunction, require the execution of a

20 satisfactory performance bond, or take any other action to

21 preserve the availability of property described in Section

22 29B-5 of this Article for forfeiture under this Article:

23 (1) upon the filing of an indictment, information, or

24 complaint charging a violation of this Article for which

25 forfeiture may be ordered under this Article and alleging

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1 that the property with respect to which the order is sought

2 would be subject to forfeiture under this Article; or

3 (2) prior to the filing of the indictment, information,

4 or complaint, if, after notice to persons appearing to have

5 an interest in the property and opportunity for a hearing,

6 the court determines that:

7 (A) there is probable cause to believe that the

8 State will prevail on the issue of forfeiture and that

9 failure to enter the order will result in the property

10 being destroyed, removed from the jurisdiction of the

11 court, or otherwise made unavailable for forfeiture;

12 and

13 (B) the need to preserve the availability of the

14 property through the entry of the requested order

15 outweighs the hardship on any party against whom the

16 order is to be entered.

17 Provided, however, that an order entered under

18 paragraph (2) of this Section shall be effective for not

19 more than 90 days, unless extended by the court for good

20 cause shown or unless an indictment, information,

21 complaint, or administrative notice has been filed.

22 (b) A temporary restraining order under this subsection (b)

23 may be entered upon application of the State without notice or

24 opportunity for a hearing when an indictment, information,

25 complaint, or administrative notice has not yet been filed with

26 respect to the property, if the State demonstrates that there

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1 is probable cause to believe that the property with respect to

2 which the order is sought would be subject to forfeiture under

3 this Article and that provision of notice will jeopardize the

4 availability of the property for forfeiture. The temporary

5 order shall expire not more than 30 days after the date on

6 which it is entered, unless extended for good cause shown or

7 unless the party against whom it is entered consents to an

8 extension for a longer period. A hearing requested concerning

9 an order entered under this subsection (b) shall be held at the

10 earliest possible time and prior to the expiration of the

11 temporary order.

12 (c) The court may receive and consider, at a hearing held

13 under this Section, evidence and information that would be

14 inadmissible under the Illinois rules of evidence.

15 (d) Under its authority to enter a pretrial restraining

16 order under this Section, the court may order a defendant to

17 repatriate any property that may be seized and forfeited and to

18 deposit that property pending trial with the Department of

19 State Police or another law enforcement agency designated by

20 the Department of State Police. Failure to comply with an order

21 under this Section is punishable as a civil or criminal

22 contempt of court.

23 (e) The State may request the issuance of a warrant

24 authorizing the seizure of property described in Section 29B-5

25 of this Article in the same manner as provided for a search

26 warrant. If the court determines that there is probable cause

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1 to believe that the property to be seized would be subject to

2 forfeiture, the court shall issue a warrant authorizing the

3 seizure of that property.

4 (720 ILCS 5/29B-5 new)

5 Sec. 29B-5. Property subject to forfeiture. The following

6 are subject to forfeiture:

7 (1) any property, real or personal, constituting, derived

8 from, or traceable to any proceeds the person obtained directly

9 or indirectly, as a result of a violation of this Article;

10 (2) any of the person's property used, or intended to be

11 used, in any manner or part, to commit, or to facilitate the

12 commission of, a violation of this Article;

13 (3) all conveyances, including aircraft, vehicles, or

14 vessels, which are used, or intended for use, to transport, or

15 in any manner to facilitate the transportation, sale, receipt,

16 possession, or concealment of property described in paragraphs

17 (1) and (2) of this Section, but:

18 (A) no conveyance used by any person as a common

19 carrier in the transaction of business as a common carrier

20 is subject to forfeiture under this Section unless it

21 appears that the owner or other person in charge of the

22 conveyance is a consenting party or privy to a violation of

23 this Article;

24 (B) no conveyance is subject to forfeiture under this

25 Article by reason of any act or omission which the owner

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1 proves to have been committed or omitted without his or her

2 knowledge or consent;

3 (C) a forfeiture of a conveyance encumbered by a bona

4 fide security interest is subject to the interest of the

5 secured party if he or she neither had knowledge of nor

6 consented to the act or omission;

7 (4) all real property, including any right, title, and

8 interest, including, but not limited to, any leasehold interest

9 or the beneficial interest in a land trust, in the whole of any

10 lot or tract of land and any appurtenances or improvements,

11 which is used or intended to be used, in any manner or part, to

12 commit, or in any manner to facilitate the commission of, any

13 violation of this Article or that is the proceeds of any

14 violation or act that constitutes a violation of this Article.

15 (720 ILCS 5/29B-6 new)

16 Sec. 29B-6. Seizure.

17 (a) Property subject to forfeiture under this Article may

18 be seized by the Director or any peace officer upon process or

19 seizure warrant issued by any court having jurisdiction over

20 the property. Seizure by the Director or any peace officer

21 without process may be made:

22 (1) if the seizure is incident to a seizure warrant;

23 (2) if the property subject to seizure has been the

24 subject of a prior judgment in favor of the State in a

25 criminal proceeding, or in an injunction or forfeiture

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1 proceeding based upon this Article;

2 (3) if there is probable cause to believe that the

3 property is directly or indirectly dangerous to health or

4 safety;

5 (4) if there is probable cause to believe that the

6 property is subject to forfeiture under this Article and

7 the property is seized under circumstances in which a

8 warrantless seizure or arrest would be reasonable; or

9 (5) in accordance with the Code of Criminal Procedure

10 of 1963.

11 (b) In the event of seizure under subsection (a) of this

12 Section, forfeiture proceedings shall be instituted in

13 accordance with this Article.

14 (c) Actual physical seizure of real property subject to

15 forfeiture requires the issuance of a seizure warrant. Nothing

16 in this Article prohibits the constructive seizure of real

17 property through the filing of a complaint for forfeiture in

18 circuit court and the recording of a lis pendens against the

19 real property that is subject to forfeiture without any

20 hearing, warrant application, or judicial approval.

21 (720 ILCS 5/29B-7 new)

22 Sec. 29B-7. Safekeeping of seized property pending

23 disposition.

24 (a) If property is seized under this Article, the seizing

25 agency shall promptly conduct an inventory of the seized

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1 property and estimate the property's value and shall forward a

2 copy of the inventory of seized property and the estimate of

3 the property's value to the Director. Upon receiving notice of

4 seizure, the Director may:

5 (1) place the property under seal;

6 (2) remove the property to a place designated by the

7 Director;

8 (3) keep the property in the possession of the seizing

9 agency;

10 (4) remove the property to a storage area for

11 safekeeping or, if the property is a negotiable instrument

12 or money and is not needed for evidentiary purposes,

13 deposit it in an interest bearing account;

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 Director.

23 (b) When property is forfeited under this Article, the

24 Director shall sell all the property unless the property is

25 required by law to be destroyed or is harmful to the public,

26 and shall distribute the proceeds of the sale, together with

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1 any moneys forfeited or seized, under Section 29B-26 of this

2 Article.

3 (720 ILCS 5/29B-8 new)

4 Sec. 29B-8. Notice to State's Attorney. The law enforcement

5 agency seizing property for forfeiture under this Article

6 shall, within 60 days after seizure, notify the State's

7 Attorney for the county, either where an act or omission giving

8 rise to the forfeiture occurred or where the property was

9 seized, of the seizure of the property and the facts and

10 circumstances giving rise to the seizure and shall provide the

11 State's Attorney with the inventory of the property and its

12 estimated value. If the property seized for forfeiture is a

13 vehicle, the law enforcement agency seizing the property shall

14 immediately notify the Secretary of State that forfeiture

15 proceedings are pending regarding the vehicle. This notice

16 shall be by Form 4-64.

17 (720 ILCS 5/29B-9 new)

18 Sec. 29B-9. Preliminary review.

19 (a) Within 28 days of the seizure, the State shall seek a

20 preliminary determination from the circuit court as to whether

21 there is probable cause that the property may be subject to

22 forfeiture.

23 (b) The rules of evidence shall not apply to any proceeding

24 conducted under this Section.

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1 (c) The court may conduct the review under subsection (a)

2 of this Section simultaneously with a proceeding under Section

3 109-1 of the Code of Criminal Procedure of 1963 for a related

4 criminal offense if a prosecution is commenced by information

5 or complaint.

6 (d) The court may accept a finding of probable cause at a

7 preliminary hearing following the filing of an information or

8 complaint charging a related criminal offense or following the

9 return of indictment by a grand jury charging the related

10 offense as sufficient evidence of probable cause as required

11 under subsection (a) of this Section.

12 (e) Upon a finding of probable cause as required under this

13 Section, the circuit court shall order the property subject to

14 the applicable forfeiture Act held until the conclusion of any

15 forfeiture proceeding.

16 (720 ILCS 5/29B-10 new)

17 Sec. 29B-10. Notice to owner or interest holder.

18 (a) The first attempted service of notice shall be

19 commenced within 28 days of the latter of filing of the

20 verified claim or the receipt of the notice from the seizing

21 agency by Form 4-64. A complaint for forfeiture or a notice of

22 pending forfeiture shall be served on a claimant if the owner's

23 or interest holder's name and current address are known, then

24 by either: (1) personal service; or (2) mailing a copy of the

25 notice by certified mail, return receipt requested, and first

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1 class mail to that address.

2 (b) If no signed return receipt is received by the State's

3 Attorney within 28 days of mailing or no communication from the

4 owner or interest holder is received by the State's Attorney

5 documenting actual notice by the parties, the State's Attorney

6 shall, within a reasonable period of time, mail a second copy

7 of the notice by certified mail, return receipt requested, and

8 first class mail to that address. If no signed return receipt

9 is received by the State's Attorney within 28 days of the

10 second mailing, or no communication from the owner or interest

11 holder is received by the State's Attorney documenting actual

12 notice by the parties, the State's Attorney shall have 60 days

13 to attempt to serve the notice by personal service, including

14 substitute service by leaving a copy at the usual place of

15 abode with some person of the family or a person residing

16 there, of the age of 13 years or upwards. If, after 3 attempts

17 at service in this manner, no service of the notice is

18 accomplished, the notice shall be posted in a conspicuous

19 manner at the address and service shall be made by the posting.

20 The attempts at service and the posting if required, shall be

21 documented by the person attempting service which shall be made

22 part of a return of service returned to the State's Attorney.

23 The State's Attorney may utilize any Sheriff or Deputy Sheriff,

24 a peace officer, a private process server or investigator, or

25 an employee, agent, or investigator of the State's Attorney's

26 Office to attempt service without seeking leave of court.

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1 (c) After the procedures listed are followed, service shall

2 be effective on the owner or interest holder on the date of

3 receipt by the State's Attorney of a return receipt, or on the

4 date of receipt of a communication from an owner or interest

5 holder documenting actual notice, whichever is first in time,

6 or on the date of the last act performed by the State's

7 Attorney in attempting personal service. For purposes of notice

8 under this Section, if a person has been arrested for the

9 conduct giving rise to the forfeiture, the address provided to

10 the arresting agency at the time of arrest shall be deemed to

11 be that person's known address. Provided, however, if an owner

12 or interest holder's address changes prior to the effective

13 date of the notice of pending forfeiture, the owner or interest

14 holder shall promptly notify the seizing agency of the change

15 in address or, if the owner or interest holder's address

16 changes subsequent to the effective date of the notice of

17 pending forfeiture, the owner or interest holder shall promptly

18 notify the State's Attorney of the change in address. If the

19 property seized is a conveyance, notice shall also be directed

20 to the address reflected in the office of the agency or

21 official in which title to or interest in the conveyance is

22 required by law to be recorded.

23 (d) If the owner's or interest holder's address is not

24 known, and is not on record as provided in this Section,

25 service by publication for 3 successive weeks in a newspaper of

26 general circulation in the county in which the seizure occurred

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1 shall suffice for service requirements.

2 (e) Notice to any business entity, corporation, limited

3 liability company, limited liability partnership, or

4 partnership shall be completed by a single mailing of a copy of

5 the notice by certified mail, return receipt requested, and

6 first class mail to that address. This notice is complete

7 regardless of the return of a signed return receipt.

8 (f) Notice to a person whose address is not within the

9 State shall be completed by a single mailing of a copy of the

10 notice by certified mail, return receipt requested, and first

11 class mail to that address. This notice is complete regardless

12 of the return of a signed return receipt.

13 (g) Notice to a person whose address is not within the

14 United States shall be completed by a single mailing of a copy

15 of the notice by certified mail, return receipt requested, and

16 first class mail to that address. This notice is complete

17 regardless of the return of a signed return receipt. If

18 certified mail is not available in the foreign country where

19 the person has an address, notice shall proceed by publication

20 requirements under subsection (d) of this Section.

21 (h) A person whom the State's Attorney reasonably should

22 know is incarcerated within this State, shall also include,

23 mailing a copy of the notice by certified mail, return receipt

24 requested, and first class mail to the address of the detention

25 facility with the inmate's name clearly marked on the envelope.

26 (i) After a claimant files a verified claim with the

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1 State's Attorney and provides an address at which the claimant

2 will accept service, the complaint shall be served and notice

3 shall be complete upon the mailing of the complaint to the

4 claimant at the address the claimant provided via certified

5 mail, return receipt requested, and first class mail. No return

6 receipt need be received, or any other attempts at service need

7 be made to comply with service and notice requirements under

8 this Section. This certified mailing, return receipt

9 requested, shall be proof of service of the complaint on the

10 claimant. If notice is to be shown by actual notice from

11 communication with a claimant, then the State's Attorney shall

12 file an affidavit as proof of service, providing details of the

13 communication, which shall be accepted as proof of service by

14 the court.

15 (j) If the property seized is a conveyance, to the address

16 reflected in the office of the agency or official in which

17 title to or interest in the conveyance is required by law to be

18 recorded, then by mailing a copy of the notice by certified

19 mail, return receipt requested, to that address.

20 (k) Notice served under this Article is effective upon

21 personal service, the last date of publication, or the mailing

22 of written notice, whichever is earlier.

23 (720 ILCS 5/29B-11 new)

24 Sec. 29B-11. Replevin prohibited. Property taken or

25 detained under this Article shall not be subject to replevin,

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1 but is deemed to be in the custody of the Director subject only

2 to the order and judgments of the circuit court having

3 jurisdiction over the forfeiture proceedings and the decisions

4 of the State's Attorney under this Article.

5 (720 ILCS 5/29B-12 new)

6 Sec. 29B-12. Non-judicial forfeiture. If non-real

7 property that exceeds $20,000 in value excluding the value of

8 any conveyance, or if real property is seized under the

9 provisions of this Article, the State's Attorney shall

10 institute judicial in rem forfeiture proceedings as described

11 in Section 29B-13 of this Article within 28 days from receipt

12 of notice of seizure from the seizing agency under Section

13 29B-8 of this Article. However, if non-real property that does

14 not exceed $20,000 in value excluding the value of any

15 conveyance is seized, the following procedure shall be used:

16 (1) If, after review of the facts surrounding the seizure,

17 the State's Attorney is of the opinion that the seized property

18 is subject to forfeiture, then within 28 days after the receipt

19 of notice of seizure from the seizing agency, the State's

20 Attorney shall cause notice of pending forfeiture to be given

21 to the owner of the property and all known interest holders of

22 the property in accordance with Section 29B-10 of this Article.

23 (2) The notice of pending forfeiture shall include a

24 description of the property, the estimated value of the

25 property, the date and place of seizure, the conduct giving

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1 rise to forfeiture or the violation of law alleged, and a

2 summary of procedures and procedural rights applicable to the

3 forfeiture action.

4 (3)(A) Any person claiming an interest in property that is

5 the subject of notice under paragraph (1) of this Section,

6 must, in order to preserve any rights or claims to the

7 property, within 45 days after the effective date of notice as

8 described in Section 29B-10 of this Article, file a verified

9 claim with the State's Attorney expressing his or her interest

10 in the property. The claim shall set forth:

11 (i) the caption of the proceedings as set forth on the

12 notice of pending forfeiture and the name of the claimant;

13 (ii) the address at which the claimant will accept

14 mail;

15 (iii) the nature and extent of the claimant's interest

16 in the property;

17 (iv) the date, identity of the transferor, and

18 circumstances of the claimant's acquisition of the

19 interest in the property;

20 (v) the names and addresses of all other persons known

21 to have an interest in the property;

22 (vi) the specific provision of law relied on in

23 asserting the property is not subject to forfeiture;

24 (vii) all essential facts supporting each assertion;

25 and

26 (viii) the relief sought.

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1 (B) If a claimant files the claim, then the State's

2 Attorney shall institute judicial in rem forfeiture

3 proceedings with the clerk of the court as described in Section

4 29B-13 of this Article within 28 days after receipt of the

5 claim.

6 (4) If no claim is filed within the 28-day period as

7 described in paragraph (3) of this Section, the State's

8 Attorney shall declare the property forfeited and shall

9 promptly notify the owner and all known interest holders of the

10 property and the Director of State Police of the declaration of

11 forfeiture and the Director shall dispose of the property in

12 accordance with law.

13 (720 ILCS 5/29B-13 new)

14 Sec. 29B-13. Judicial in rem procedures. If property seized

15 under this Article is non-real property that exceeds $20,000 in

16 value excluding the value of any conveyance, or is real

17 property, or a claimant has filed a claim under paragraph (3)

18 of Section 29B-12 of this Article, the following judicial in

19 rem procedures shall apply:

20 (1) If, after a review of the facts surrounding the

21 seizure, the State's Attorney is of the opinion that the seized

22 property is subject to forfeiture, then within 28 days of the

23 receipt of notice of seizure by the seizing agency or the

24 filing of the claim, whichever is later, the State's Attorney

25 shall institute judicial forfeiture proceedings by filing a

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1 verified complaint for forfeiture. If authorized by law, a

2 forfeiture shall be ordered by a court on an action in rem

3 brought by a State's Attorney under a verified complaint for

4 forfeiture.

5 (2) A complaint of forfeiture shall include:

6 (A) a description of the property seized;

7 (B) the date and place of seizure of the property;

8 (C) the name and address of the law enforcement agency

9 making the seizure; and

10 (D) the specific statutory and factual grounds for the

11 seizure.

12 (3) The complaint shall be served upon the person from whom

13 the property was seized and all persons known or reasonably

14 believed by the State to claim an interest in the property, as

15 provided in Section 29B-10 of this Article. The complaint shall

16 be accompanied by the following written notice:

17 "This is a civil court proceeding subject to the Code of

18 Civil Procedure. You received this Complaint of Forfeiture

19 because the State's Attorney's office has brought a legal

20 action seeking forfeiture of your seized property. This

21 complaint starts the court process where the State seeks to

22 prove that your property should be forfeited and not returned

23 to you. This process is also your opportunity to try to prove

24 to a judge that you should get your property back. The

25 complaint lists the date, time, and location of your first

26 court date. You must appear in court on that day, or you may

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1 lose the case automatically. You must also file an appearance

2 and answer. If you are unable to pay the appearance fee, you

3 may qualify to have the fee waived. If there is a criminal case

4 related to the seizure of your property, your case may be set

5 for trial after the criminal case has been resolved. Before

6 trial, the judge may allow discovery, where the State can ask

7 you to respond in writing to questions and give them certain

8 documents, and you can make similar requests of the State. The

9 trial is your opportunity to explain what happened when your

10 property was seized and why you should get the property back."

11 (4) Forfeiture proceedings under this Article shall be

12 subject to the Code of Civil Procedure and the rules of

13 evidence relating to civil actions shall apply to proceedings

14 under this Article with the following exception. The parties

15 shall be allowed to use, and the court shall receive and

16 consider, all relevant hearsay evidence that relates to

17 evidentiary foundation, chain of custody, business records,

18 recordings, laboratory analysis, laboratory reports, and

19 relevant hearsay related to the use of technology in the

20 investigation that resulted in the seizure of property that is

21 subject to the forfeiture action.

22 (5) Only an owner of or interest holder in the property may

23 file an answer asserting a claim against the property in the

24 action in rem. For purposes of this Section, the owner or

25 interest holder shall be referred to as claimant. Upon motion

26 of the State, the court shall first hold a hearing, in which a

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1 claimant shall establish by a preponderance of the evidence,

2 that he or she has a lawful, legitimate ownership interest in

3 the property and that it was obtained through a lawful source.

4 (6) The answer must be signed by the owner or interest

5 holder under penalty of perjury and shall set forth:

6 (A) the caption of the proceedings as set forth on the

7 notice of pending forfeiture and the name of the claimant;

8 (B) the address at which the claimant will accept mail;

9 (C) the nature and extent of the claimant's interest in

10 the property;

11 (D) the date, identity of transferor, and

12 circumstances of the claimant's acquisition of the

13 interest in the property;

14 (E) the names and addresses of all other persons known

15 to have an interest in the property;

16 (F) all essential facts supporting each assertion;

17 (G) the precise relief sought;

18 (H) in a forfeiture action involving currency or its

19 equivalent, a claimant shall provide the State with notice

20 of his or her intent to allege that the currency or its

21 equivalent is not related to the alleged factual basis for

22 the forfeiture, and why; and

23 (I) the answer shall follow the rules under the Code of

24 Civil Procedure.

25 (7) The answer shall be filed with the court within 45 days

26 after service of the civil in rem complaint.

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1 (8) The hearing shall be held within 60 days after filing

2 of the answer unless continued for good cause.

3 (9) At the judicial in rem proceeding, in the State's case

4 in chief, the State shall show by a preponderance of the

5 evidence that the property is subject to forfeiture. If the

6 State makes such a showing, the claimant shall have the burden

7 of production to set forth evidence that the property is not

8 related to the alleged factual basis of the forfeiture. After

9 this production of evidence, the State shall maintain the

10 burden of proof to overcome this assertion. A claimant shall

11 provide the State notice of its intent to allege that the

12 currency or its equivalent is not related to the alleged

13 factual basis of the forfeiture and why. As to conveyances, at

14 the judicial in rem proceeding, in its case in chief, the State

15 shall show by a preponderance of the evidence, that (A) the

16 property is subject to forfeiture; and (B) at least one of the

17 following:

18 (i) that the claimant was legally accountable for the

19 conduct giving rise to the forfeiture;

20 (ii) that the claimant knew or reasonably should have

21 known of the conduct giving rise to the forfeiture;

22 (iii) that the claimant knew or reasonably should have

23 known that the conduct giving rise to the forfeiture was

24 likely to occur;

25 (iv) that the claimant held the property for the

26 benefit of, or as nominee for, any person whose conduct

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1 gave rise to its forfeiture;

2 (v) that if the claimant acquired the interest through

3 any person engaging in any of the conduct described above

4 or conduct giving rise to the forfeiture:

5 (a) the claimant did not acquire it as a bona fide

6 purchaser for value; or

7 (b) the claimant acquired the interest under the

8 circumstances that the claimant reasonably should have

9 known the property was derived from, or used in, the

10 conduct giving rise to the forfeiture; or

11 (vi) that the claimant is not the true owner of the

12 property that is subject to forfeiture.

13 (10) If the State does not meet its burden to show that the

14 property is subject to forfeiture, the court shall order the

15 interest in the property returned or conveyed to the claimant

16 and shall order all other property forfeited to the State. If

17 the State does meet its burden to show that the property is

18 subject to forfeiture, the court shall order all property

19 forfeited to the State.

20 (11) A defendant convicted in any criminal proceeding is

21 precluded from later denying the essential allegations of the

22 criminal offense of which the defendant was convicted in any

23 proceeding under this Article regardless of the pendency of an

24 appeal from that conviction. However, evidence of the pendency

25 of an appeal is admissible.

26 (12) On a motion by the parties, the court may stay civil

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1 forfeiture proceedings during the criminal trial for a related

2 criminal indictment or information alleging a money laundering

3 violation. Such a stay shall not be available pending an

4 appeal. Property subject to forfeiture under this Article shall

5 not be subject to return or release by a court exercising

6 jurisdiction over a criminal case involving the seizure of the

7 property unless the return or release is consented to by the

8 State's Attorney.

9 (720 ILCS 5/29B-14 new)

10 Sec. 29B-14. Innocent owner hearing.

11 (a) After a complaint for forfeiture has been filed and all

12 claimants have appeared and answered, a claimant may file a

13 motion with the court for an innocent owner hearing prior to

14 trial. This motion shall be made and supported by sworn

15 affidavit and shall assert the following along with specific

16 facts that support each assertion:

17 (1) that the claimant filing the motion is the true

18 owner of the conveyance as interpreted by case law;

19 (2) that the claimant was not legally accountable for

20 the conduct giving rise to the forfeiture or acquiesced in

21 the conduct;

22 (3) that the claimant did not solicit, conspire, or

23 attempt to commit the conduct giving rise to the

24 forfeiture;

25 (4) that the claimant did not know or did not have

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1 reason to know that the conduct giving rise to the

2 forfeiture was likely to occur; and

3 (5) that the claimant did not hold the property for the

4 benefit of, or as nominee for any person whose conduct gave

5 rise to its forfeiture or if the owner or interest holder

6 acquired the interest through any person, the owner or

7 interest holder did not acquire it as a bona fide purchaser

8 for value or acquired the interest without knowledge of the

9 seizure of the property for forfeiture.

10 (b) The claimant's motion shall include specific facts

11 supporting these assertions.

12 (c) Upon this filing, a hearing may only be conducted after

13 the parties have been given the opportunity to conduct limited

14 discovery as to the ownership and control of the property, the

15 claimant's knowledge, or any matter relevant to the issues

16 raised or facts alleged in the claimant's motion. Discovery

17 shall be limited to the People's requests in these areas but

18 may proceed by any means allowed in the Code of Civil

19 Procedure.

20 (1) After discovery is complete and the court has

21 allowed for sufficient time to review and investigate the

22 discovery responses, the court shall conduct a hearing. At

23 the hearing, the fact that the conveyance is subject to

24 forfeiture shall not be at issue. The court shall only hear

25 evidence relating to the issue of innocent ownership.

26 (2) At the hearing on the motion, it shall be the

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1 burden of the claimant to prove each of the assertions

2 listed in subsection (a) of this Section by a preponderance

3 of the evidence.

4 (3) If a claimant meets his or her burden of proof, the

5 court shall grant the motion and order the property

6 returned to the claimant. If the claimant fails to meet his

7 or her burden of proof, then the court shall deny the

8 motion and the forfeiture case shall proceed according to

9 the Code of Civil Procedure.

10 (720 ILCS 5/29B-15 new)

11 Sec. 29B-15. Burden and commencement of forfeiture action.

12 (a) Notwithstanding any other provision of this Article,

13 the State's burden of proof at the trial of the forfeiture

14 action shall be by clear and convincing evidence if:

15 (1) a finding of not guilty is entered as to all counts

16 and all defendants in a criminal proceeding relating to the

17 conduct giving rise to the forfeiture action; or

18 (2) the State receives an adverse finding at a

19 preliminary hearing and fails to secure an indictment in a

20 criminal proceeding relating to the factual allegations of

21 the forfeiture action.

22 (b) All property declared forfeited under this Article

23 vests in the State on the commission of the conduct giving rise

24 to forfeiture together with the proceeds of the property after

25 that time. Except as otherwise provided in this Article, title

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1 to any property or proceeds subject to forfeiture subsequently

2 transferred to any person remain subject to forfeiture and

3 thereafter shall be ordered forfeited unless the person to whom

4 the property was transferred makes an appropriate claim and has

5 his or her claim adjudicated at the judicial in rem hearing.

6 (c) A civil action under this Article shall be commenced

7 within 5 years after the last conduct giving rise to forfeiture

8 became known or should have become known or 5 years after the

9 forfeitable property is discovered, whichever is later,

10 excluding any time during which either the property or claimant

11 is out of the State or in confinement or during which criminal

12 proceedings relating to the same conduct are in progress.

13 (720 ILCS 5/29B-16 new)

14 Sec. 29B-16. Joint tenancy or tenancy in common. If

15 property is ordered forfeited under this Section from a

16 claimant who held title to the property in joint tenancy or

17 tenancy in common with another claimant, the court shall

18 determine the amount of each owner's interest in the property

19 according to principles of property law.

20 (720 ILCS 5/29B-17 new)

21 Sec. 29B-17. Exception for bona fide purchasers. No

22 property shall be forfeited under this Article from a person

23 who, without actual or constructive notice that the property

24 was the subject of forfeiture proceedings, obtained possession

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1 of the property as a bona fide purchaser for value. A person

2 who purports to affect transfer of property after receiving

3 actual or constructive notice that the property is subject to

4 seizure or forfeiture is guilty of contempt of court, and shall

5 be liable to the State for a penalty in the amount of the fair

6 market value of the property.

7 (720 ILCS 5/29B-18 new)

8 Sec. 29B-18. Proportionality. Property that is forfeited

9 shall be subject to an 8th Amendment to the United States

10 Constitution disproportionate penalties analysis and the

11 property forfeiture may be denied in whole or in part if the

12 court finds that the forfeiture would constitute an excessive

13 fine in violation of the 8th Amendment as interpreted by case

14 law.

15 (720 ILCS 5/29B-19 new)

16 Sec. 29B-19. Stay of time periods. If property is seized

17 for evidence and for forfeiture, the time periods for

18 instituting judicial and non-judicial forfeiture proceedings

19 shall not begin until the property is no longer necessary for

20 evidence.

21 (720 ILCS 5/29B-20 new)

22 Sec. 29B-20. Settlement of claims. Notwithstanding other

23 provisions of this Article, the State's Attorney and a claimant

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1 of seized property may enter into an agreed-upon settlement

2 concerning the seized property in such an amount and upon such

3 terms as are set out in writing in a settlement agreement. All

4 proceeds from a settlement agreement shall be tendered to the

5 Department of State Police and distributed under Section 29B-26

6 of this Article.

7 (720 ILCS 5/29B-21 new)

8 Sec. 29B-21. Attorney's fees. Nothing in this Article

9 applies to property that constitutes reasonable bona fide

10 attorney's fees paid to an attorney for services rendered or to

11 be rendered in the forfeiture proceeding or criminal proceeding

12 relating directly thereto if the property was paid before its

13 seizure, before the issuance of any seizure warrant or court

14 order prohibiting transfer of the property and if the attorney,

15 at the time he or she received the property did not know that

16 it was property subject to forfeiture under this Article.

17 (720 ILCS 5/29B-22 new)

18 Sec. 29B-22. Construction.

19 (a) It is the intent of the General Assembly that the

20 forfeiture provisions of this Article be liberally construed so

21 as to effect their remedial purpose. The forfeiture of property

22 and other remedies under this Article shall be considered to be

23 in addition to, and not exclusive of, any sentence or other

24 remedy provided by law.

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1 (b) The changes made to this Article by Public Act 100-0512

2 and this amendatory Act of the 100th General Assembly are

3 subject to Section 2 of the Statute on Statutes.

4 (720 ILCS 5/29B-23 new)

5 Sec. 29B-23. Judicial review. If property has been declared

6 forfeited under Section 29B-12 of this Article, any person who

7 has an interest in the property declared forfeited may, within

8 30 days after the effective date of the notice of the

9 declaration of forfeiture, file a claim as described in

10 paragraph (3) of Section 29B-12 of this Article. If a claim is

11 filed under this Section, then the procedures described in

12 Section of 29B-13 of this Article apply.

13 (720 ILCS 5/29B-24 new)

14 Sec. 29B-24. Review of administrative decisions. All

15 administrative findings, rulings, final determinations,

16 findings, and conclusions of the State's Attorney's Office

17 under this Article are final and conclusive decisions of the

18 matters involved. Any person aggrieved by the decision may

19 obtain review of the decision under the provisions of the

20 Administrative Review Law and the rules adopted under that Law.

21 Pending final decision on such review, the administrative acts,

22 orders, and rulings of the State's Attorney's Office remain in

23 full force and effect unless modified or suspended by order of

24 court pending final judicial decision. Pending final decision

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1 on such review, the acts, orders, and rulings of the State's

2 Attorney's Office remain in full force and effect, unless

3 stayed by order of court. However, no stay of any decision of

4 the administrative agency shall issue unless the person

5 aggrieved by the decision establishes by a preponderance of the

6 evidence that good cause exists for the stay. In determining

7 good cause, the court shall find that the aggrieved party has

8 established a substantial likelihood of prevailing on the

9 merits and that granting the stay will not have an injurious

10 effect on the general public.

11 (720 ILCS 5/29B-25 new)

12 Sec. 29B-25. Return of property, damages, and costs.

13 (a) The law enforcement agency that holds custody of

14 property seized for forfeiture shall deliver property ordered

15 by the court to be returned or conveyed to the claimant within

16 a reasonable time not to exceed 7 days, unless the order is

17 stayed by the trial court or a reviewing court pending an

18 appeal, motion to reconsider, or other reason.

19 (b) The law enforcement agency that holds custody of

20 property is responsible for any damages, storage fees, and

21 related costs applicable to property returned. The claimant

22 shall not be subject to any charges by the State for storage of

23 the property or expenses incurred in the preservation of the

24 property. Charges for the towing of a conveyance shall be borne

25 by the claimant unless the conveyance was towed for the sole

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1 reason of seizure for forfeiture. This Section does not

2 prohibit the imposition of any fees or costs by a home rule

3 unit of local government related to the impoundment of a

4 conveyance under an ordinance enacted by the unit of

5 government.

6 (c) A law enforcement agency shall not retain forfeited

7 property for its own use or transfer the property to any person

8 or entity, except as provided under this Section. A law

9 enforcement agency may apply in writing to the Director of

10 State Police to request that forfeited property be awarded to

11 the agency for a specifically articulated official law

12 enforcement use in an investigation. The Director shall provide

13 a written justification in each instance detailing the reasons

14 why the forfeited property was placed into official use and the

15 justification shall be retained for a period of not less than 3

16 years.

17 (d) A claimant or a party interested in personal property

18 contained within a seized conveyance may file a request with

19 the State's Attorney in a non-judicial forfeiture action, or a

20 motion with the court in a judicial forfeiture action for the

21 return of any personal property contained within a conveyance

22 that is seized under this Article. The return of personal

23 property shall not be unreasonably withheld if the personal

24 property is not mechanically or electrically coupled to the

25 conveyance, needed for evidentiary purposes, or otherwise

26 contraband. Any law enforcement agency that returns property

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1 under a court order under this Section shall not be liable to

2 any person who claims ownership to the property if it is

3 returned to an improper party.

4 (720 ILCS 5/29B-26 new)

5 Sec. 29B-26. Distribution of proceeds.

6 All monies and the sale proceeds of all other property

7 forfeited and seized under this Article shall be distributed as

8 follows:

9 (1) 65% shall be distributed to the metropolitan

10 enforcement group, local, municipal, county, or State law

11 enforcement agency or agencies that conducted or

12 participated in the investigation resulting in the

13 forfeiture. The distribution shall bear a reasonable

14 relationship to the degree of direct participation of the

15 law enforcement agency in the effort resulting in the

16 forfeiture, taking into account the total value of the

17 property forfeited and the total law enforcement effort

18 with respect to the violation of the law upon which the

19 forfeiture is based. Amounts distributed to the agency or

20 agencies shall be used for the enforcement of laws.

21 (2)(i) 12.5% shall be distributed to the Office of the

22 State's Attorney of the county in which the prosecution

23 resulting in the forfeiture was instituted, deposited in a

24 special fund in the county treasury and appropriated to the

25 State's Attorney for use in the enforcement of laws. In

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1 counties over 3,000,000 population, 25% shall be

2 distributed to the Office of the State's Attorney for use

3 in the enforcement of laws. If the prosecution is

4 undertaken solely by the Attorney General, the portion

5 provided under this subparagraph (i) shall be distributed

6 to the Attorney General for use in the enforcement of laws.

7 (ii) 12.5% shall be distributed to the Office of the

8 State's Attorneys Appellate Prosecutor and deposited in

9 the Narcotics Profit Forfeiture Fund of that office to be

10 used for additional expenses incurred in the

11 investigation, prosecution, and appeal of cases arising

12 under laws. The Office of the State's Attorneys Appellate

13 Prosecutor shall not receive distribution from cases

14 brought in counties with over 3,000,000 population.

15 (3) 10% shall be retained by the Department of State Police

16 for expenses related to the administration and sale of seized

17 and forfeited property.

18 Moneys and the sale proceeds distributed to the Department

19 of State Police under this Article shall be deposited in the

20 Money Laundering Asset Recovery Fund created in the State

21 treasury and shall be used by the Department of State Police

22 for State law enforcement purposes. All moneys and sale

23 proceeds of property forfeited and seized under this Article

24 and distributed according to this Section may also be used to

25 purchase opioid antagonists as defined in Section 5-23 of the

26 Alcoholism and Other Drug Abuse and Dependency Act.

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1 (720 ILCS 5/29B-27 new)

2 Sec. 29B-27. Applicability; savings clause.

3 (a) The changes made to this Article by Public Act 100-0512

4 and this amendatory Act of the 100th General Assembly only

5 apply to property seized on and after July 1, 2018.

6 (b) The changes made to this Article by this amendatory Act

7 of the 100th General Assembly are subject to Section 4 of the

8 Statute on Statutes.

9 (720 ILCS 5/33G-6)

10 (Text of Section before amendment by P.A. 100-512)

11 (Section scheduled to be repealed on June 11, 2022)

12 Sec. 33G-6. Remedial proceedings, procedures, and

13 forfeiture. Under this Article:

14 (a) The circuit court shall have jurisdiction to prevent

15 and restrain violations of this Article by issuing appropriate

16 orders, including:

17 (1) ordering any person to disgorge illicit proceeds

18 obtained by a violation of this Article or divest himself

19 or herself of any interest, direct or indirect, in any

20 enterprise or real or personal property of any character,

21 including money, obtained, directly or indirectly, by a

22 violation of this Article;

23 (2) imposing reasonable restrictions on the future

24 activities or investments of any person or enterprise,

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1 including prohibiting any person or enterprise from

2 engaging in the same type of endeavor as the person or

3 enterprise engaged in, that violated this Article; or

4 (3) ordering dissolution or reorganization of any

5 enterprise, making due provision for the rights of innocent

6 persons.

7 (b) Any violation of this Article is subject to the

8 remedies, procedures, and forfeiture as set forth in

9 subsections (f) through (s) of Section 29B-1 of this Code.

10 (Source: P.A. 97-686, eff. 6-11-12.)

11 (Text of Section after amendment by P.A. 100-512)

12 (Section scheduled to be repealed on June 11, 2022)

13 Sec. 33G-6. Remedial proceedings, procedures, and

14 forfeiture. Under this Article:

15 (a) The circuit court shall have jurisdiction to prevent

16 and restrain violations of this Article by issuing appropriate

17 orders, including:

18 (1) ordering any person to disgorge illicit proceeds

19 obtained by a violation of this Article or divest himself

20 or herself of any interest, direct or indirect, in any

21 enterprise or real or personal property of any character,

22 including money, obtained, directly or indirectly, by a

23 violation of this Article;

24 (2) imposing reasonable restrictions on the future

25 activities or investments of any person or enterprise,

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1 including prohibiting any person or enterprise from

2 engaging in the same type of endeavor as the person or

3 enterprise engaged in, that violated this Article; or

4 (3) ordering dissolution or reorganization of any

5 enterprise, making due provision for the rights of innocent

6 persons.

7 (b) Any violation of this Article is subject to the

8 remedies, procedures, and forfeiture as set forth in Article

9 29B ~~subsections (f) through (s) of Section 29B-1~~ of this Code.

10 (c) Property seized or forfeited under this Article is

11 subject to reporting under the Seizure and Forfeiture Reporting

12 Act.

13 (Source: P.A. 100-512, eff. 7-1-18.)

14 (720 ILCS 5/36-1.1)

15 (This Section may contain text from a Public Act with a

16 delayed effective date)

17 Sec. 36-1.1. Seizure.

18 (a) Any property subject to forfeiture under this Article

19 may be seized and impounded by the Director of State Police or

20 any peace officer upon process or seizure warrant issued by any

21 court having jurisdiction over the property.

22 (b) Any property subject to forfeiture under this Article

23 may be seized and impounded by the Director of State Police or

24 any peace officer without process if there is probable cause to

25 believe that the property is subject to forfeiture under

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1 Section 36-1 of this Article and the property is seized under

2 circumstances in which a warrantless seizure or arrest would be

3 reasonable.

4 (c) If the seized property is a conveyance, an

5 investigation shall be made by the law enforcement agency as to

6 any person whose right, title, interest, or lien is of record

7 in the office of the agency or official in which title to or

8 interest in ~~to~~ the conveyance is required by law to be

9 recorded.

10 (d) After seizure under this Section, notice shall be given

11 to all known interest holders that forfeiture proceedings,

12 including a preliminary review, may be instituted and the

13 proceedings may be instituted under this Article.

14 (Source: P.A. 100-512, eff. 7-1-18.)

15 (720 ILCS 5/36-1.3)

16 (This Section may contain text from a Public Act with a

17 delayed effective date)

18 Sec. 36-1.3. Safekeeping of seized property pending

19 disposition.

20 (a) Property seized under this Article is deemed to be in

21 the custody of the Director of State Police, subject only to

22 the order and judgments of the circuit court having

23 jurisdiction over the forfeiture proceedings and the decisions

24 of the State's Attorney under this Article.

25 (b) If property is seized under this Article, the seizing

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1 agency shall promptly conduct an inventory of the seized

2 property and estimate the property's value, and shall forward a

3 copy of the inventory of seized property and the estimate of

4 the property's value to the Director of State Police. Upon

5 receiving notice of seizure, the Director of State Police may:

6 (1) place the property under seal;

7 (2) remove the property to a place designated by the

8 Director of State Police;

9 (3) keep the property in the possession of the seizing

10 agency;

11 (4) remove the property to a storage area for

12 safekeeping; ~~or~~

13 (5) place the property under constructive seizure by

14 posting notice of pending forfeiture on it, by giving

15 notice of pending forfeiture to its owners and interest

16 holders, or by filing notice of pending forfeiture in any

17 appropriate public record relating to the property; or

18 (6) provide for another agency or custodian, including

19 an owner, secured party, or lienholder, to take custody of

20 the property upon the terms and conditions set by the

21 seizing agency.

22 (c) The seizing agency shall exercise ordinary care to

23 protect the subject of the forfeiture from negligent loss,

24 damage, or destruction.

25 (d) Property seized or forfeited under this Article is

26 subject to reporting under the Seizure and Forfeiture Reporting

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1 Act.

2 (Source: P.A. 100-512, eff. 7-1-18.)

3 (720 ILCS 5/36-1.4)

4 (This Section may contain text from a Public Act with a

5 delayed effective date)

6 Sec. 36-1.4. Notice to State's Attorney. The law

7 enforcement agency seizing property for forfeiture under this

8 Article shall, as soon as practicable but not later than 28

9 days after the seizure, notify the State's Attorney for the

10 county in which an act or omission giving rise to the seizure

11 occurred or in which the property was seized and the facts and

12 circumstances giving rise to the seizure, and shall provide the

13 State's Attorney with the inventory of the property and its

14 estimated value. The notice shall be by the delivery of

15 Illinois State Police Notice/Inventory of Seized Property

16 (Form 4-64) ~~the form 4-64~~. If the property seized for

17 forfeiture is a vehicle, the law enforcement agency seizing the

18 property shall immediately notify the Secretary of State that

19 forfeiture proceedings are pending regarding the vehicle.

20 (Source: P.A. 100-512, eff. 7-1-18.)

21 (720 ILCS 5/36-1.5)

22 (Text of Section before amendment by P.A. 100-512)

23 Sec. 36-1.5. Preliminary review.

24 (a) Within 14 days of the seizure, the State's Attorney in

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1 the county in which the seizure occurred shall seek a

2 preliminary determination from the circuit court as to whether

3 there is probable cause that the property may be subject to

4 forfeiture.

5 (b) The rules of evidence shall not apply to any proceeding

6 conducted under this Section.

7 (c) The court may conduct the review under subsection (a)

8 simultaneously with a proceeding pursuant to Section 109-1 of

9 the Code of Criminal Procedure of 1963 for a related criminal

10 offense if a prosecution is commenced by information or

11 complaint.

12 (d) The court may accept a finding of probable cause at a

13 preliminary hearing following the filing of an information or

14 complaint charging a related criminal offense or following the

15 return of indictment by a grand jury charging the related

16 offense as sufficient evidence of probable cause as required

17 under subsection (a).

18 (e) Upon making a finding of probable cause as required

19 under this Section, the circuit court shall order the property

20 subject to the provisions of the applicable forfeiture Act held

21 until the conclusion of any forfeiture proceeding.

22 For seizures of conveyances, within 7 days of a finding of

23 probable cause under subsection (a), the registered owner or

24 other claimant may file a motion in writing supported by sworn

25 affidavits claiming that denial of the use of the conveyance

26 during the pendency of the forfeiture proceedings creates a

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1 substantial hardship. The court shall consider the following

2 factors in determining whether a substantial hardship has been

3 proven:

4 (1) the nature of the claimed hardship;

5 (2) the availability of public transportation or other

6 available means of transportation; and

7 (3) any available alternatives to alleviate the

8 hardship other than the return of the seized conveyance.

9 If the court determines that a substantial hardship has

10 been proven, the court shall then balance the nature of the

11 hardship against the State's interest in safeguarding the

12 conveyance. If the court determines that the hardship outweighs

13 the State's interest in safeguarding the conveyance, the court

14 may temporarily release the conveyance to the registered owner

15 or the registered owner's authorized designee, or both, until

16 the conclusion of the forfeiture proceedings or for such

17 shorter period as ordered by the court provided that the person

18 to whom the conveyance is released provides proof of insurance

19 and a valid driver's license and all State and local

20 registrations for operation of the conveyance are current. The

21 court shall place conditions on the conveyance limiting its use

22 to the stated hardship and restricting the conveyance's use to

23 only those individuals authorized to use the conveyance by the

24 registered owner. The court shall revoke the order releasing

25 the conveyance and order that the conveyance be reseized by law

26 enforcement if the conditions of release are violated or if the

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1 conveyance is used in the commission of any offense identified

2 in subsection (a) of Section 6-205 of the Illinois Vehicle

3 Code.

4 If the court orders the release of the conveyance during

5 the pendency of the forfeiture proceedings, the registered

6 owner or his or her authorized designee shall post a cash

7 security with the Clerk of the Court as ordered by the court.

8 The court shall consider the following factors in determining

9 the amount of the cash security:

10 (A) the full market value of the conveyance;

11 (B) the nature of the hardship;

12 (C) the extent and length of the usage of the

13 conveyance; and

14 (D) such other conditions as the court deems necessary

15 to safeguard the conveyance.

16 If the conveyance is released, the court shall order that

17 the registered owner or his or her designee safeguard the

18 conveyance, not remove the conveyance from the jurisdiction,

19 not conceal, destroy, or otherwise dispose of the conveyance,

20 not encumber the conveyance, and not diminish the value of the

21 conveyance in any way. The court shall also make a

22 determination of the full market value of the conveyance prior

23 to it being released based on a source or sources defined in 50

24 Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).

25 If the conveyance subject to forfeiture is released under

26 this Section and is subsequently forfeited, the person to whom

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1 the conveyance was released shall return the conveyance to the

2 law enforcement agency that seized the conveyance within 7 days

3 from the date of the declaration of forfeiture or order of

4 forfeiture. If the conveyance is not returned within 7 days,

5 the cash security shall be forfeited in the same manner as the

6 conveyance subject to forfeiture. If the cash security was less

7 than the full market value, a judgment shall be entered against

8 the parties to whom the conveyance was released and the

9 registered owner, jointly and severally, for the difference

10 between the full market value and the amount of the cash

11 security. If the conveyance is returned in a condition other

12 than the condition in which it was released, the cash security

13 shall be returned to the surety who posted the security minus

14 the amount of the diminished value, and that amount shall be

15 forfeited in the same manner as the conveyance subject to

16 forfeiture. Additionally, the court may enter an order allowing

17 any law enforcement agency in the State of Illinois to seize

18 the conveyance wherever it may be found in the State to satisfy

19 the judgment if the cash security was less than the full market

20 value of the conveyance.

21 (Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12;

22 98-1020, eff. 8-22-14.)

23 (Text of Section after amendment by P.A. 100-512)

24 Sec. 36-1.5. Preliminary review.

25 (a) Within 14 days of the seizure, the State's Attorney of

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1 ~~in~~ the county in which the seizure occurred shall seek a

2 preliminary determination from the circuit court as to whether

3 there is probable cause that the property may be subject to

4 forfeiture.

5 (b) The rules of evidence shall not apply to any proceeding

6 conducted under this Section.

7 (c) The court may conduct the review under subsection (a)

8 of this Section simultaneously with a proceeding under ~~pursuant~~

9 ~~to~~ Section 109-1 of the Code of Criminal Procedure of 1963 for

10 a related criminal offense if a prosecution is commenced by

11 information or complaint.

12 (d) The court may accept a finding of probable cause at a

13 preliminary hearing following the filing of an information or

14 complaint charging a related criminal offense or following the

15 return of indictment by a grand jury charging the related

16 offense as sufficient evidence of probable cause as required

17 under subsection (a) of ths Section.

18 (e) Upon making a finding of probable cause as required

19 under this Section, the circuit court shall order the property

20 subject to the provisions of the applicable forfeiture Act held

21 until the conclusion of any forfeiture proceeding.

22 For seizures of conveyances, within 28 days of a finding of

23 probable cause under subsection (a) of this Section, the

24 registered owner or other claimant may file a motion in writing

25 supported by sworn affidavits claiming that denial of the use

26 of the conveyance during the pendency of the forfeiture

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1 proceedings creates a substantial hardship and alleges facts

2 showing that the hardship ~~delay~~ was not due to his or her

3 culpable negligence. The court shall consider the following

4 factors in determining whether a substantial hardship has been

5 proven:

6 (1) the nature of the claimed hardship;

7 (2) the availability of public transportation or other

8 available means of transportation; and

9 (3) any available alternatives to alleviate the

10 hardship other than the return of the seized conveyance.

11 If the court determines that a substantial hardship has

12 been proven, the court shall then balance the nature of the

13 hardship against the State's interest in safeguarding the

14 conveyance. If the court determines that the hardship outweighs

15 the State's interest in safeguarding the conveyance, the court

16 may temporarily release the conveyance to the registered owner

17 or the registered owner's authorized designee, or both, until

18 the conclusion of the forfeiture proceedings or for such

19 shorter period as ordered by the court provided that the person

20 to whom the conveyance is released provides proof of insurance

21 and a valid driver's license and all State and local

22 registrations for operation of the conveyance are current. The

23 court shall place conditions on the conveyance limiting its use

24 to the stated hardship and providing transportation for

25 employment, religious purposes, medical needs, child care, and

26 restricting the conveyance's use to only those individuals

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1 authorized to use the conveyance by the registered owner. The

2 use of the vehicle shall be further restricted to exclude all

3 recreational and entertainment purposes. The court may order

4 additional restrictions it deems reasonable and just on its own

5 motion or on motion of the People. The court shall revoke the

6 order releasing the conveyance and order that the conveyance be

7 reseized by law enforcement if the conditions of release are

8 violated or if the conveyance is used in the commission of any

9 offense identified in subsection (a) of Section 6-205 of the

10 Illinois Vehicle Code.

11 If the court orders the release of the conveyance during

12 the pendency of the forfeiture proceedings, the court may order

13 the registered owner or his or her authorized designee to post

14 a cash security with the clerk ~~Clerk~~ of the court ~~Court~~ as

15 ordered by the court. If cash security is ordered, the court

16 shall consider the following factors in determining the amount

17 of the cash security:

18 (A) the full market value of the conveyance;

19 (B) the nature of the hardship;

20 (C) the extent and length of the usage of the

21 conveyance;

22 (D) the ability of the owner or designee to pay; and

23 (E) other conditions as the court deems necessary to

24 safeguard the conveyance.

25 If the conveyance is released, the court shall order that

26 the registered owner or his or her designee safeguard the

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1 conveyance, not remove the conveyance from the jurisdiction,

2 not conceal, destroy, or otherwise dispose of the conveyance,

3 not encumber the conveyance, and not diminish the value of the

4 conveyance in any way. The court shall also make a

5 determination of the full market value of the conveyance prior

6 to it being released based on a source or sources defined in 50

7 Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).

8 If the conveyance subject to forfeiture is released under

9 this Section and is subsequently forfeited, the person to whom

10 the conveyance was released shall return the conveyance to the

11 law enforcement agency that seized the conveyance within 7 days

12 from the date of the declaration of forfeiture or order of

13 forfeiture. If the conveyance is not returned within 7 days,

14 the cash security shall be forfeited in the same manner as the

15 conveyance subject to forfeiture. If the cash security was less

16 than the full market value, a judgment shall be entered against

17 the parties to whom the conveyance was released and the

18 registered owner, jointly and severally, for the difference

19 between the full market value and the amount of the cash

20 security. If the conveyance is returned in a condition other

21 than the condition in which it was released, the cash security

22 shall be returned to the surety who posted the security minus

23 the amount of the diminished value, and that amount shall be

24 forfeited in the same manner as the conveyance subject to

25 forfeiture. Additionally, the court may enter an order allowing

26 any law enforcement agency in the State of Illinois to seize

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1 the conveyance wherever it may be found in the State to satisfy

2 the judgment if the cash security was less than the full market

3 value of the conveyance.

4 (Source: P.A. 100-512, eff. 7-1-18.)

5 (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)

6 (Text of Section before amendment by P.A. 100-512)

7 Sec. 36-2. Action for forfeiture.

8 (a) The State's Attorney in the county in which such

9 seizure occurs if he or she finds that the forfeiture was

10 incurred without willful negligence or without any intention on

11 the part of the owner of the vessel or watercraft, vehicle or

12 aircraft or any person whose right, title or interest is of

13 record as described in Section 36-1, to violate the law, or

14 finds the existence of such mitigating circumstances as to

15 justify remission of the forfeiture, may cause the law

16 enforcement agency to remit the same upon such terms and

17 conditions as the State's Attorney deems reasonable and just.

18 The State's Attorney shall exercise his or her discretion under

19 the foregoing provision of this Section 36-2(a) prior to or

20 promptly after the preliminary review under Section 36-1.5.

21 (b) If the State's Attorney does not cause the forfeiture

22 to be remitted he or she shall forthwith bring an action for

23 forfeiture in the Circuit Court within whose jurisdiction the

24 seizure and confiscation has taken place. The State's Attorney

25 shall give notice of seizure and the forfeiture proceeding to

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1 each person according to the following method: upon each person

2 whose right, title, or interest is of record in the office of

3 the Secretary of State, the Secretary of Transportation, the

4 Administrator of the Federal Aviation Agency, or any other

5 department of this State, or any other state of the United

6 States if the vessel or watercraft, vehicle, or aircraft is

7 required to be so registered, as the case may be, by delivering

8 the notice and complaint in open court or by certified mail to

9 the address as given upon the records of the Secretary of

10 State, the Division of Aeronautics of the Department of

11 Transportation, the Capital Development Board, or any other

12 department of this State or the United States if the vessel or

13 watercraft, vehicle, or aircraft is required to be so

14 registered.

15 (c) The owner of the seized vessel or watercraft, vehicle,

16 or aircraft or any person whose right, title, or interest is of

17 record as described in Section 36-1, may within 20 days after

18 delivery in open court or the mailing of such notice file a

19 verified answer to the Complaint and may appear at the hearing

20 on the action for forfeiture.

21 (d) The State shall show at such hearing by a preponderance

22 of the evidence, that such vessel or watercraft, vehicle, or

23 aircraft was used in the commission of an offense described in

24 Section 36-1.

25 (e) The owner of such vessel or watercraft, vehicle, or

26 aircraft or any person whose right, title, or interest is of

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1 record as described in Section 36-1, may show by a

2 preponderance of the evidence that he did not know, and did not

3 have reason to know, that the vessel or watercraft, vehicle, or

4 aircraft was to be used in the commission of such an offense or

5 that any of the exceptions set forth in Section 36-3 are

6 applicable.

7 (f) Unless the State shall make such showing, the Court

8 shall order such vessel or watercraft, vehicle, or aircraft

9 released to the owner. Where the State has made such showing,

10 the Court may order the vessel or watercraft, vehicle, or

11 aircraft destroyed or may order it forfeited to any local,

12 municipal or county law enforcement agency, or the Department

13 of State Police or the Department of Revenue of the State of

14 Illinois.

15 (g) A copy of the order shall be filed with the law

16 enforcement agency, and with each Federal or State office or

17 agency with which such vessel or watercraft, vehicle, or

18 aircraft is required to be registered. Such order, when filed,

19 constitutes authority for the issuance of clear title to such

20 vessel or watercraft, vehicle, or aircraft, to the department

21 or agency to whom it is delivered or any purchaser thereof. The

22 law enforcement agency shall comply promptly with instructions

23 to remit received from the State's Attorney or Attorney General

24 in accordance with Sections 36-2(a) or 36-3.

25 (h) The proceeds of any sale at public auction pursuant to

26 Section 36-2 of this Act, after payment of all liens and

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1 deduction of the reasonable charges and expenses incurred by

2 the State's Attorney's Office shall be paid to the law

3 enforcement agency having seized the vehicle for forfeiture.

4 (Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;

5 99-78, eff. 7-20-15.)

6 (Text of Section after amendment by P.A. 100-512)

7 Sec. 36-2. Complaint for forfeiture.

8 (a) If the State's Attorney of ~~in~~ the county in which such

9 seizure occurs finds that the alleged violation of law giving

10 rise to the seizure was incurred without willful negligence or

11 without any intention on the part of the owner of the vessel or

12 watercraft, vehicle or aircraft or any person whose right,

13 title or interest is of record as described in Section 36-1 of

14 this Article, to violate the law, or finds the existence of

15 such mitigating circumstances as to justify remission of the

16 forfeiture, he or she may cause the law enforcement agency

17 having custody of the property to return the property to the

18 owner within a reasonable time not to exceed 7 days. The

19 State's Attorney shall exercise his or her discretion under

20 this subsection (a) prior to or promptly after the preliminary

21 review under Section 36-1.5.

22 (b) If, after review of the facts surrounding the seizure,

23 the State's Attorney is of the opinion that the seized property

24 is subject to forfeiture and the State's Attorney does not

25 cause the forfeiture to be remitted under subsection (a) of

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1 this Section, he or she shall ~~forthwith~~ bring an action for

2 forfeiture in thecircuit court ~~Circuit Court~~ within whose

3 jurisdiction the seizure and confiscation has taken place by

4 filing a verified complaint for ~~of~~ forfeiture in the circuit

5 court within whose jurisdiction the seizure occurred, or within

6 whose jurisdiction an act or omission giving rise to the

7 seizure occurred, subject to Supreme Court Rule 187. The

8 complaint shall be filed as soon as practicable but not later

9 ~~less~~ than 28 days after the State's Attorney receives notice

10 from the seizing agency as provided ~~a finding of probable cause~~

11 ~~at a preliminary review~~ under Section 36-1.4 ~~36-1.5~~ of this

12 Article. A complaint of forfeiture 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; and

17 (4) the specific statutory and factual grounds for the

18 seizure.

19 The complaint shall be served upon each person whose right,

20 title, or interest is of record in the office of the Secretary

21 of State, the Secretary of Transportation, the Administrator of

22 the Federal Aviation Agency, or any other department of this

23 State, or any other state of the United States if the vessel or

24 watercraft, vehicle, or aircraft is required to be so

25 registered, as the case may be, the person from whom the

26 property was seized, and all persons known or reasonably

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1 believed by the State to claim an interest in the property, as

2 provided in this Article. The complaint shall be accompanied by

3 the following written notice:

4 "This is a civil court proceeding subject to the Code of

5 Civil Procedure. You received this Complaint of Forfeiture

6 because the State's Attorney's office has brought a legal

7 action seeking forfeiture of your seized property. This

8 complaint starts the court process where the State seeks to

9 prove that your property should be forfeited and not returned

10 to you. This process is also your opportunity to try to prove

11 to a judge that you should get your property back. The

12 complaint lists the date, time, and location of your first

13 court date. You must appear in court on that day, or you may

14 lose the case automatically. You must also file an appearance

15 and answer. If you are unable to pay the appearance fee, you

16 may qualify to have the fee waived. If there is a criminal case

17 related to the seizure of your property, your case may be set

18 for trial after the criminal case has been resolved. Before

19 trial, the judge may allow discovery, where the State can ask

20 you to respond in writing to questions and give them certain

21 documents, and you can make similar requests of the State. The

22 trial is your opportunity to explain what happened when your

23 property was seized and why you should get the property back."

24 (c) (Blank).

25 (d) (Blank).

26 (e) (Blank).

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1 (f) (Blank).

2 (g) (Blank).

3 (h) (Blank).

4 (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)

5 (720 ILCS 5/36-2.1)

6 (This Section may contain text from a Public Act with a

7 delayed effective date)

8 Sec. 36-2.1. Notice to owner or interest holder. The first

9 attempted service of notice shall be commenced within 28 days

10 of the receipt of the notice from the seizing agency by Form

11 ~~the form~~ 4-64. If the property seized is a conveyance, notice

12 shall also be directed to the address reflected in the office

13 of the agency or official in which title to or interest in ~~to~~

14 the conveyance is required by law to be recorded. A complaint

15 for forfeiture shall be served upon the property owner or

16 interest holder in the following manner:

17 (1) If the owner's or interest holder's name and

18 current address are known, then by either:

19 (A) personal service; or

20 (B) mailing a copy of the notice by certified mail,

21 return receipt requested, and first class mail~~,~~ to that

22 address.

23 (i) If notice is sent by certified mail and no

24 signed return receipt is received by the State's

25 Attorney within 28 days of mailing, and no

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1 communication from the owner or interest holder is

2 received by the State's Attorney documenting

3 actual notice by said parties, the State's

4 Attorney shall, within a reasonable period of

5 time, mail a second copy of the notice by certified

6 mail, return receipt requested, and first class

7 mail~~,~~ to that address.

8 (ii) If no signed return receipt is received by

9 the State's Attorney within 28 days of the second

10 attempt at service by certified mail, and no

11 communication from the owner or interest holder is

12 received by the State's Attorney documenting

13 actual notice by said parties, the State's

14 Attorney shall have 60 days to attempt to serve the

15 notice by personal service, which also includes

16 substitute service by leaving a copy at the usual

17 place of abode, with some person of the family or a

18 person residing there, of the age of 13 years or

19 upwards. If, after 3 attempts at service in this

20 manner, no service of the notice is accomplished,

21 then the notice shall be posted in a conspicuous

22 manner at this address and service shall be made by

23 the posting.

24 The attempts at service and the posting if

25 required, shall be documented by the person attempting

26 service and said documentation shall be made part of a

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1 return of service returned to the State's Attorney.

2 The State's Attorney may utilize a Sheriff or

3 Deputy Sheriff, any peace officer, a private process

4 server or investigator, or any employee, agent, or

5 investigator of the State's Attorney's office to

6 attempt service without seeking leave of court.

7 After the procedures are followed, service shall

8 be effective on an owner or interest holder on the date

9 of receipt by the State's Attorney of a ~~returned~~ return

10 receipt ~~requested~~, or on the date of receipt of a

11 communication from an owner or interest holder

12 documenting actual notice, whichever is first in time,

13 or on the date of the last act performed by the State's

14 Attorney in attempting personal service under item

15 (ii) of this paragraph (1). If notice is to be shown by

16 actual notice from communication with a claimant, then

17 the State's Attorney shall file an affidavit providing

18 details of the communication, which shall be accepted

19 as sufficient proof of service by the court.

20 For purposes of notice under this Section, if a

21 person has been arrested for the conduct giving rise to

22 the forfeiture, the address provided to the arresting

23 agency at the time of arrest shall be deemed to be that

24 person's known address. Provided, however, if an owner

25 or interest holder's address changes prior to the

26 effective date of the complaint for forfeiture, the

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1 owner or interest holder shall promptly notify the

2 seizing agency of the change in address or, if the

3 owner or interest holder's address changes subsequent

4 to the effective date of the notice of pending

5 forfeiture, the owner or interest holder shall

6 promptly notify the State's Attorney of the change in

7 address; or if the property seized is a conveyance, to

8 the address reflected in the office of the agency or

9 official in which title to or interest in ~~to~~ the

10 conveyance is required by law to be recorded.

11 (2) If the owner's or interest holder's address is not

12 known, and is not on record, then notice shall be served by

13 publication for 3 successive weeks in a newspaper of

14 general circulation in the county in which the seizure

15 occurred.

16 (3) Notice to any business entity, corporation,

17 limited liability company, limited liability partnership

18 ~~LLC, LLP~~, or partnership shall be completed ~~complete~~ by a

19 single mailing of a copy of the notice by certified mail,

20 return receipt requested, and first class mail~~,~~ to that

21 address. This notice is complete regardless of the return

22 of a signed ~~"~~return receipt ~~requested"~~.

23 (4) Notice to a person whose address is not within the

24 State shall be completed ~~complete~~ by a single mailing of a

25 copy of the notice by certified mail, return receipt

26 requested, and first class mail~~,~~ to that address. This

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1 notice is complete regardless of the return of a signed

2 ~~"~~return receipt ~~requested"~~.

3 (5) Notice to a person whose address is not within the

4 United States shall be completed ~~complete~~ by a single

5 mailing of a copy of the notice by certified mail, return

6 receipt requested, and first class mail~~,~~ to that address.

7 This notice shall be complete regardless of the return of a

8 signed ~~"~~return receipt ~~requested"~~. If certified mail is not

9 available in the foreign country where the person has an

10 address, then notice shall proceed by publication under

11 paragraph (2) of this Section.

12 (6) Notice to any person whom the State's Attorney

13 reasonably should know is incarcerated within the State

14 shall also include the mailing a copy of the notice by

15 certified mail, return receipt requested, and first class

16 mail~~,~~ to the address of the detention facility with the

17 inmate's name clearly marked on the envelope.

18 (Source: P.A. 100-512, eff. 7-1-18.)

19 (720 ILCS 5/36-2.2)

20 (This Section may contain text from a Public Act with a

21 delayed effective date)

22 Sec. 36-2.2. Replevin prohibited; return of personal

23 property inside seized conveyance.

24 (a) Property seized under this Article shall not be subject

25 to replevin, but is deemed to be in the custody of the Director

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1 of State Police, subject only to the order and judgments of the

2 circuit court having jurisdiction over the forfeiture

3 proceedings and the decisions of the State's Attorney.

4 (b) A claimant or a party interested in personal property

5 contained within a seized conveyance may file a motion with the

6 court in a judicial forfeiture action for the return of any

7 personal property contained within a conveyance seized under

8 this Article. The return of personal property shall not be

9 unreasonably withheld if the personal property is not

10 mechanically or electrically coupled to the conveyance, needed

11 for evidentiary purposes, or otherwise contraband. A law

12 enforcement agency that returns property under a court order

13 under this Section shall not be liable to any person who claims

14 ownership to the property if the property is returned to an

15 improper party.

16 (Source: P.A. 100-512, eff. 7-1-18.)

17 (720 ILCS 5/36-2.5)

18 (This Section may contain text from a Public Act with a

19 delayed effective date)

20 Sec. 36-2.5. Judicial in rem procedures.

21 (a) The laws of evidence relating to civil actions shall

22 apply to judicial in rem proceedings under this Article.

23 (b) Only an owner of or interest holder in the property may

24 file an answer asserting a claim against the property in the

25 action in rem. For purposes of this Section, the owner or

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1 interest holder shall be referred to as claimant. A person not

2 named in the forfeiture complaint who claims to have an

3 interest in the property may petition to intervene as a

4 claimant under Section 2-408 of the Code of Civil Procedure.

5 (c) The answer shall be filed with the court within 45 days

6 after service of the civil in rem complaint.

7 (d) The trial shall be held within 60 days after filing of

8 the answer unless continued for good cause.

9 (e) In its case in chief, the State shall show by a

10 preponderance of the evidence that:

11 (1) the property is subject to forfeiture; and

12 (2) at least one of the following:

13 (i) the claimant knew or should have known that the

14 conduct was likely to occur; or

15 (ii) the claimant is not the true owner of the

16 property that is subject to forfeiture.

17 In any forfeiture case under this Article, a claimant may

18 present evidence to overcome evidence presented by the State

19 that the property is subject to forfeiture.

20 (f) Notwithstanding any other provision of this Section,

21 the State's burden of proof at the trial of the forfeiture

22 action shall be by clear and convincing evidence if:

23 (1) a finding of not guilty is entered as to all counts

24 and all defendants in a criminal proceeding relating to the

25 conduct giving rise to the forfeiture action; or

26 (2) the State receives an adverse finding at a

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1 preliminary hearing and fails to secure an indictment in a

2 criminal proceeding related to the factual allegations of

3 the forfeiture action.

4 (g) If the State does not meet its burden of proof, the

5 court shall order the interest in the property returned or

6 conveyed to the claimant and shall order all other property in

7 which the State does meet its burden of proof forfeited to the

8 State. If the State does meet its burden of proof, the court

9 shall order all property forfeited to the State.

10 (h) A defendant convicted in any criminal proceeding is

11 precluded from later denying the essential allegations of the

12 criminal offense of which the defendant was convicted in any

13 proceeding under this Article regardless of the pendency of an

14 appeal from that conviction. However, evidence of the pendency

15 of an appeal is admissible.

16 (i) An acquittal or dismissal in a criminal proceeding

17 shall not preclude civil proceedings under this Act; however,

18 for good cause shown, on a motion by either party, the court

19 may stay civil forfeiture proceedings during the criminal trial

20 for a related criminal indictment or information alleging a

21 violation of law authorizing forfeiture under Section 36-1 of

22 this Article.

23 (j) Title to all property declared forfeited under this Act

24 vests in this State on the commission of the conduct giving

25 rise to forfeiture together with the proceeds of the property

26 after that time. Except as otherwise provided in this Article,

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1 any property or proceeds subsequently transferred to any person

2 remain subject to forfeiture unless a person to whom the

3 property was transferred makes an appropriate claim under or

4 has the ~~their~~ claim adjudicated at the judicial in rem hearing.

5 (k) No property shall be forfeited under this Article from

6 a person who, without actual or constructive notice that the

7 property was the subject of forfeiture proceedings, obtained

8 possession of the property as a bona fide purchaser for value.

9 A person who purports to transfer property after receiving

10 actual or constructive notice that the property is subject to

11 seizure or forfeiture is guilty of contempt of court, and shall

12 be liable to the State for a penalty in the amount of the fair

13 market value of the property.

14 (l) A civil action under this Article shall be commenced

15 within 5 years after the last conduct giving rise to forfeiture

16 became known or should have become known or 5 years after the

17 forfeitable property is discovered, whichever is later,

18 excluding any time during which either the property or claimant

19 is out of the State or in confinement or during which criminal

20 proceedings relating to the same conduct are in progress.

21 (m) If property is ordered forfeited under this Article

22 from a claimant who held title to the property in joint tenancy

23 or tenancy in common with another claimant, the court shall

24 determine the amount of each owner's interest in the property

25 according to principles of property law.

26 (Source: P.A. 100-512, eff. 7-1-18.)

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1 (720 ILCS 5/36-2.7)

2 (This Section may contain text from a Public Act with a

3 delayed effective date)

4 Sec. 36-2.7. Innocent owner hearing.

5 (a) After a complaint for forfeiture has been filed and all

6 claimants have appeared and answered, a claimant may file a

7 motion with the court for an innocent owner hearing prior to

8 trial. This motion shall be made and supported by sworn

9 affidavit and shall assert the following along with specific

10 facts that ~~which~~ support each assertion:

11 (1) that the claimant filing the motion is the true

12 owner of the conveyance as interpreted by case law; and

13 (2) that the claimant did not know or did not have

14 reason to know the conduct giving rise to the forfeiture

15 was likely to occur.

16 ~~(b)~~ The claimant's motion ~~claimant~~ shall include specific

17 facts that ~~which~~ support these assertions ~~in their motion~~.

18 (b) ~~(c)~~ Upon the filing, a hearing may only be conducted

19 after the parties have been given the opportunity to conduct

20 limited discovery as to the ownership and control of the

21 property, the claimant's knowledge, or any matter relevant to

22 the issues raised or facts alleged in the claimant's motion.

23 Discovery shall be limited to the People's requests in these

24 areas but may proceed by any means allowed in the Code of Civil

25 Procedure.

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1 (c) ~~(d)~~ After discovery is complete and the court has

2 allowed for sufficient time to review and investigate the

3 discovery responses, the court shall conduct a hearing. At the

4 hearing, the fact that the conveyance is subject to forfeiture

5 shall not be at issue. The court shall only hear evidence

6 relating to the issue of innocent ownership.

7 (d) ~~(e)~~ At the hearing on the motion, the claimant shall

8 bear the burden of proving each of the assertions listed in

9 subsection (a) of this Section by a preponderance of the

10 evidence. ~~(f)~~ If a claimant meets the ~~their~~ burden of proof,

11 the court shall grant the motion and order the conveyance

12 returned to the claimant. If the claimant fails to meet the

13 ~~their~~ burden of proof, the court shall deny the motion and the

14 forfeiture case shall proceed according to the Code ~~Rules~~ of

15 Civil Procedure.

16 (Source: P.A. 100-512, eff. 7-1-18.)

17 (720 ILCS 5/36-7)

18 (This Section may contain text from a Public Act with a

19 delayed effective date)

20 Sec. 36-7. Distribution of proceeds; selling or retaining

21 seized property prohibited.

22 (a) Except as otherwise provided in this Section, the court

23 shall order that property forfeited under this Article be

24 delivered to the Department of State Police within 60 days.

25 (b) The Department of State Police or its designee shall

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1 dispose of all property at public auction and shall distribute

2 the proceeds of the sale, together with any moneys forfeited or

3 seized, under subsection (c) of this Section.

4 (c) All moneys ~~monies~~ and the sale proceeds of all other

5 property forfeited and seized under this Act shall be

6 distributed as follows:

7 (1) 65% shall be distributed to the drug task force,

8 metropolitan enforcement group, local, municipal, county,

9 or State ~~state~~ law enforcement agency or agencies that

10 ~~which~~ conducted or participated in the investigation

11 resulting in the forfeiture. The distribution shall bear a

12 reasonable relationship to the degree of direct

13 participation of the law enforcement agency in the effort

14 resulting in the forfeiture, taking into account the total

15 value of the property forfeited and the total law

16 enforcement effort with respect to the violation of the law

17 upon which the forfeiture is based. Amounts distributed to

18 the agency or agencies shall be used, at the discretion of

19 the agency, for the enforcement of criminal laws; or for

20 public education in the community or schools in the

21 prevention or detection of the abuse of drugs or alcohol;

22 or for security cameras used for the prevention or

23 detection of violence, except that amounts distributed to

24 the Secretary of State shall be deposited into the

25 Secretary of State Evidence Fund to be used as provided in

26 Section 2-115 of the Illinois Vehicle Code.

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1 Any local, municipal, or county law enforcement agency

2 entitled to receive a monetary distribution of forfeiture

3 proceeds may share those forfeiture proceeds pursuant to

4 the terms of an intergovernmental agreement with a

5 municipality that has a population in excess of 20,000 if:

6 (A) the receiving agency has entered into an

7 intergovernmental agreement with the municipality to

8 provide police services;

9 (B) the intergovernmental agreement for police

10 services provides for consideration in an amount of not

11 less than $1,000,000 per year;

12 (C) the seizure took place within the geographical

13 limits of the municipality; and

14 (D) the funds are used only for the enforcement of

15 criminal laws; for public education in the community or

16 schools in the prevention or detection of the abuse of

17 drugs or alcohol; or for security cameras used for the

18 prevention or detection of violence or the

19 establishment of a municipal police force, including

20 the training of officers, construction of a police

21 station, the purchase of law enforcement equipment, or

22 vehicles.

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, at the discretion of the State's

2 Attorney, in the enforcement of criminal laws; or for

3 public education in the community or schools in the

4 prevention or detection of the abuse of drugs or alcohol;

5 or at the discretion of the State's Attorney, in addition

6 to other authorized purposes, to make grants to local

7 substance abuse treatment facilities and half-way houses.

8 In counties over 3,000,000 population, 25% will be

9 distributed to the Office of the State's Attorney for use,

10 at the discretion of the State's Attorney, in the

11 enforcement of criminal laws; or for public education in

12 the community or schools in the prevention or detection of

13 the abuse of drugs or alcohol; or at the discretion of the

14 State's Attorney, in addition to other authorized

15 purposes, to make grants to local substance abuse treatment

16 facilities and half-way houses. If the prosecution is

17 undertaken solely by the Attorney General, the portion

18 provided shall be distributed to the Attorney General for

19 use in the enforcement of criminal laws governing cannabis

20 and controlled substances or for public education in the

21 community or schools in the prevention or detection of the

22 abuse of drugs or alcohol.

23 12.5% shall be distributed to the Office of the State's

24 Attorneys Appellate Prosecutor and shall be used at the

25 discretion of the State's Attorneys Appellate Prosecutor

26 for additional expenses incurred in the investigation,

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1 prosecution and appeal of cases arising in the enforcement

2 of criminal laws; or for public education in the community

3 or schools in the prevention or detection of the abuse of

4 drugs or alcohol. The Office of the State's Attorneys

5 Appellate Prosecutor shall not receive distribution from

6 cases brought in counties with over 3,000,000 population.

7 (3) 10% shall be retained by the Department of State

8 Police for expenses related to the administration and sale

9 of seized and forfeited property.

10 (d) A law enforcement agency shall not retain forfeited

11 property for its own use or transfer the property to any person

12 or entity, except as provided under this Section. A law

13 enforcement agency may apply in writing to the Director of

14 State Police to request that ~~a~~ forfeited property be awarded to

15 the agency for a specifically articulated official law

16 enforcement use in an investigation. The Director of State

17 Police shall provide a written justification in each instance

18 detailing the reasons why the forfeited property was placed

19 into official use, and the justification shall be retained for

20 a period of not less than 3 years.

21 (Source: P.A. 100-512, eff. 7-1-18.)

22 (720 ILCS 5/36-10 new)

23 Sec. 36-10. Applicability; savings clause.

24 (a) The changes made to this Article by Public Act 100-0512

25 and this amendatory Act of the 100th General Assembly only

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1 apply to property seized on and after July 1, 2018.

2 (b) The changes made to this Article by this amendatory Act

3 of the 100th General Assembly are subject to Section 4 of the

4 Statute on Statutes.

5 Section 25. The Cannabis Control Act is amended by changing

6 Section 12 as follows:

7 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)

8 (Text of Section before amendment by P.A. 100-512)

9 Sec. 12. (a) The following are subject to forfeiture:

10 (1) all substances containing cannabis which have been

11 produced, manufactured, delivered, or possessed in

12 violation of this Act;

13 (2) all raw materials, products and equipment of any

14 kind which are produced, delivered, or possessed in

15 connection with any substance containing cannabis in

16 violation of this Act;

17 (3) all conveyances, including aircraft, vehicles or

18 vessels, which are used, or intended for use, to transport,

19 or in any manner to facilitate the transportation, sale,

20 receipt, possession, or concealment of property described

21 in paragraph (1) or (2) that constitutes a felony violation

22 of the Act, but:

23 (i) no conveyance used by any person as a common

24 carrier in the transaction of business as a common

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1 carrier is subject to forfeiture under this Section

2 unless it appears that the owner or other person in

3 charge of the conveyance is a consenting party or privy

4 to a violation of this Act;

5 (ii) no conveyance is subject to forfeiture under

6 this Section by reason of any act or omission which the

7 owner proves to have been committed or omitted without

8 his knowledge or consent;

9 (iii) a forfeiture of a conveyance encumbered by a

10 bona fide security interest is subject to the interest

11 of the secured party if he neither had knowledge of nor

12 consented to the act or omission;

13 (4) all money, things of value, books, records, and

14 research products and materials including formulas,

15 microfilm, tapes, and data which are used, or intended for

16 use in a felony violation of this Act;

17 (5) everything of value furnished or intended to be

18 furnished by any person in exchange for a substance in

19 violation of this Act, all proceeds traceable to such an

20 exchange, and all moneys, negotiable instruments, and

21 securities used, or intended to be used, to commit or in

22 any manner to facilitate any felony violation of this Act;

23 (6) all real property, including any right, title, and

24 interest including, but not limited to, any leasehold

25 interest or the beneficial interest to a land trust, in the

26 whole of any lot or tract of land and any appurtenances or

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1 improvements, that is used or intended to be used to

2 facilitate the manufacture, distribution, sale, receipt,

3 or concealment of property described in paragraph (1) or

4 (2) of this subsection (a) that constitutes a felony

5 violation of more than 2,000 grams of a substance

6 containing cannabis or that is the proceeds of any felony

7 violation of this Act.

8 (b) Property subject to forfeiture under this Act may be

9 seized by the Director or any peace officer upon process or

10 seizure warrant issued by any court having jurisdiction over

11 the property. Seizure by the Director or any peace officer

12 without process may be made:

13 (1) 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 Act or the Drug Asset Forfeiture

17 Procedure Act;

18 (2) if there is probable cause to believe that the

19 property is directly or indirectly dangerous to health or

20 safety;

21 (3) if there is probable cause to believe that the

22 property is subject to forfeiture under this Act and the

23 property is seized under circumstances in which a

24 warrantless seizure or arrest would be reasonable; or

25 (4) in accordance with the Code of Criminal Procedure

26 of 1963.

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1 (c) In the event of seizure pursuant to subsection (b),

2 notice shall be given forthwith to all known interest holders

3 that forfeiture proceedings, including a preliminary review,

4 shall be instituted in accordance with the Drug Asset

5 Forfeiture Procedure Act and such proceedings shall thereafter

6 be instituted in accordance with that Act. Upon a showing of

7 good cause, the notice required for a preliminary review under

8 this Section may be postponed.

9 (c-1) In the event the State's Attorney is of the opinion

10 that real property is subject to forfeiture under this Act,

11 forfeiture proceedings shall be instituted in accordance with

12 the Drug Asset Forfeiture Procedure Act. The exemptions from

13 forfeiture provisions of Section 8 of the Drug Asset Forfeiture

14 Procedure Act are applicable.

15 (d) Property taken or detained under this Section shall not

16 be subject to replevin, but is deemed to be in the custody of

17 the Director subject only to the order and judgments of the

18 circuit court having jurisdiction over the forfeiture

19 proceedings and the decisions of the State's Attorney under the

20 Drug Asset Forfeiture Procedure Act. When property is seized

21 under this Act, the seizing agency shall promptly conduct an

22 inventory of the seized property, estimate the property's

23 value, and shall forward a copy of the inventory of seized

24 property and the estimate of the property's value to the

25 Director. Upon receiving notice of seizure, the Director may:

26 (1) place the property under seal;

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1 (2) remove the property to a place designated by him;

2 (3) keep the property in the possession of the seizing

3 agency;

4 (4) remove the property to a storage area for

5 safekeeping or, if the property is a negotiable instrument

6 or money and is not needed for evidentiary purposes,

7 deposit it in an interest bearing account;

8 (5) place the property under constructive seizure by

9 posting notice of pending forfeiture on it, by giving

10 notice of pending forfeiture to its owners and interest

11 holders, or by filing notice of pending forfeiture in any

12 appropriate public record relating to the property; or

13 (6) provide for another agency or custodian, including

14 an owner, secured party, or lienholder, to take custody of

15 the property upon the terms and conditions set by the

16 Director.

17 (e) No disposition may be made of property under seal until

18 the time for taking an appeal has elapsed or until all appeals

19 have been concluded unless a court, upon application therefor,

20 orders the sale of perishable substances and the deposit of the

21 proceeds of the sale with the court.

22 (f) When property is forfeited under this Act the Director

23 shall sell all such property unless such property is required

24 by law to be destroyed or is harmful to the public, and shall

25 distribute the proceeds of the sale, together with any moneys

26 forfeited or seized, in accordance with subsection (g).

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1 However, upon the application of the seizing agency or

2 prosecutor who was responsible for the investigation, arrest or

3 arrests and prosecution which lead to the forfeiture, the

4 Director may return any item of forfeited property to the

5 seizing agency or prosecutor for official use in the

6 enforcement of laws relating to cannabis or controlled

7 substances, if the agency or prosecutor can demonstrate that

8 the item requested would be useful to the agency or prosecutor

9 in their enforcement efforts. When any forfeited conveyance,

10 including an aircraft, vehicle, or vessel, is returned to the

11 seizing agency or prosecutor, the conveyance may be used

12 immediately in the enforcement of the criminal laws of this

13 State. Upon disposal, all proceeds from the sale of the

14 conveyance must be used for drug enforcement purposes. When any

15 real property returned to the seizing agency is sold by the

16 agency or its unit of government, the proceeds of the sale

17 shall be delivered to the Director and distributed in

18 accordance with subsection (g).

19 (g) All monies and the sale proceeds of all other property

20 forfeited and seized under this Act shall be distributed as

21 follows:

22 (1)(i) 65% shall be distributed to the metropolitan

23 enforcement group, local, municipal, county, or state law

24 enforcement agency or agencies which conducted or

25 participated in the investigation resulting in the

26 forfeiture. The distribution shall bear a reasonable

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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. Amounts distributed to the agency or

7 agencies shall be used for 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 for security

11 cameras used for the prevention or detection of violence,

12 except that amounts distributed to the Secretary of State

13 shall be deposited into the Secretary of State Evidence

14 Fund to be used as provided in Section 2-115 of the

15 Illinois Vehicle Code.

16 (ii) Any local, municipal, or county law enforcement

17 agency entitled to receive a monetary distribution of

18 forfeiture proceeds may share those forfeiture proceeds

19 pursuant to the terms of an intergovernmental agreement

20 with a municipality that has a population in excess of

21 20,000 if:

22 (I) the receiving agency has entered into an

23 intergovernmental agreement with the municipality to

24 provide police services;

25 (II) the intergovernmental agreement for police

26 services provides for consideration in an amount of not

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1 less than $1,000,000 per year;

2 (III) the seizure took place within the

3 geographical limits of the municipality; and

4 (IV) the funds are used only for the enforcement of

5 laws governing cannabis and controlled substances; for

6 public education in the community or schools in the

7 prevention or detection of the abuse of drugs or

8 alcohol; or for security cameras used for the

9 prevention or detection of violence or the

10 establishment of a municipal police force, including

11 the training of officers, construction of a police

12 station, the purchase of law enforcement equipment, or

13 vehicles.

14 (2)(i) 12.5% shall be distributed to the Office of the

15 State's Attorney of the county in which the prosecution

16 resulting in the forfeiture was instituted, deposited in a

17 special fund in the county treasury and appropriated to the

18 State's Attorney for use in the enforcement of laws

19 governing cannabis and controlled substances; for public

20 education in the community or schools in the prevention or

21 detection of the abuse of drugs or alcohol; or at the

22 discretion of the State's Attorney, in addition to other

23 authorized purposes, to make grants to local substance

24 abuse treatment facilities and half-way houses. In

25 counties over 3,000,000 population, 25% will be

26 distributed to the Office of the State's Attorney for use

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1 in the enforcement of laws governing cannabis and

2 controlled substances; for public education in the

3 community or schools in the prevention or detection of the

4 abuse of drugs or alcohol; or at the discretion of the

5 State's Attorney, in addition to other authorized

6 purposes, to make grants to local substance abuse treatment

7 facilities and half-way houses. If the prosecution is

8 undertaken solely by the Attorney General, the portion

9 provided hereunder shall be distributed to the Attorney

10 General for use in the enforcement of laws governing

11 cannabis and controlled substances.

12 (ii) 12.5% shall be distributed to the Office of the

13 State's Attorneys Appellate Prosecutor and deposited in

14 the Narcotics Profit Forfeiture Fund of that Office to be

15 used for additional expenses incurred in the

16 investigation, prosecution and appeal of cases arising

17 under laws governing cannabis and controlled substances or

18 for public education in the community or schools in the

19 prevention or detection of the abuse of drugs or alcohol.

20 The Office of the State's Attorneys Appellate Prosecutor

21 shall not receive distribution from cases brought in

22 counties with over 3,000,000 population.

23 (3) 10% shall be retained by the Department of State

24 Police for expenses related to the administration and sale

25 of seized and forfeited property.

26 (Source: P.A. 99-686, eff. 7-29-16.)

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1 (Text of Section after amendment by P.A. 100-512)

2 Sec. 12. (a) The following are subject to forfeiture:

3 (1) (blank);

4 (2) all raw materials, products, and equipment of any

5 kind which are produced, delivered, or possessed in

6 connection with any substance containing cannabis in a

7 felony 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 any substance

12 containing cannabis or property described in paragraph (2)

13 of this subsection (a) that constitutes a felony violation

14 of 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 violation;

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 knowledge or consent;

25 (iii) a forfeiture of a conveyance encumbered by a

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LRB100 04874 SLF 39019 a

1 bona fide security interest is subject to the interest

2 of the secured party if he neither had knowledge of nor

3 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 for

7 use in a felony violation 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 this Act, all proceeds traceable to such an

11 exchange, and all moneys, negotiable instruments, and

12 securities used, or intended to be used, to commit or in

13 any manner to facilitate any felony violation of this Act;

14 (6) all real property, including any right, title, and

15 interest including, but not limited to, any leasehold

16 interest or the beneficial interest in ~~to~~ a land trust, in

17 the whole of any lot or tract of land and any appurtenances

18 or improvements, that is used or intended to be used to

19 facilitate the manufacture, distribution, sale, receipt,

20 or concealment of a substance containing cannabis or

21 property described in paragraph (2) of this subsection (a)

22 that constitutes a felony violation of this Act involving

23 more than 2,000 grams of a substance containing cannabis or

24 that is the proceeds of any felony violation of this Act.

25 (b) Property subject to forfeiture under this Act may be

26 seized under the Drug Asset Forfeiture Procedure Act. In the

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LRB100 04874 SLF 39019 a

1 event of seizure, forfeiture proceedings shall be instituted

2 under the Drug Asset Forfeiture Procedure Act.

3 (c) Forfeiture under this Act is subject to ~~subject to~~ an

4 8th Amendment ~~amendment~~ to the United States Constitution

5 disproportionate penalties analysis as provided under Section

6 9.5 of the Drug Asset Forfeiture Procedure Act.

7 (c-1) With regard to possession of cannabis offenses only,

8 a sum of currency with a value of less than $500 shall not be

9 subject to forfeiture under this Act. For all other offenses

10 under this Act, a sum of currency with a value of less than

11 $100 shall not be subject to forfeiture under this Act. In

12 seizures of currency in excess of these amounts, this Section

13 shall not create an exemption for these amounts.

14 (d) (Blank).

15 (e) (Blank).

16 (f) (Blank).

17 (g) (Blank).

18 (h) Contraband, including cannabis possessed without

19 authorization under State or federal law, is not subject to

20 forfeiture. No property right exists in contraband. Contraband

21 is subject to seizure and shall be disposed of according to

22 State law.

23 (i) The changes made to this Section by Public Act 100-0512

24 and this amendatory Act of the 100th General Assembly only

25 apply to property seized on and after July 1, 2018.

26 (j) The changes made to this Section by this amendatory Act

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1 of the 100th General Assembly are subject to Section 4 of the

2 Statute on Statutes.

3 (Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18.)

4 Section 30. The Illinois Controlled Substances Act is

5 amended by changing Section 505 as follows:

6 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)

7 (Text of Section before amendment by P.A. 100-512)

8 Sec. 505. (a) The following are subject to forfeiture:

9 (1) all substances which have been manufactured,

10 distributed, dispensed, or possessed in violation of this

11 Act;

12 (2) all raw materials, products and equipment of any

13 kind which are used, or intended for use in manufacturing,

14 distributing, dispensing, administering or possessing any

15 substance in violation of this Act;

16 (3) all conveyances, including aircraft, vehicles or

17 vessels, which are used, or intended for use, to transport,

18 or in any manner to facilitate the transportation, sale,

19 receipt, possession, or concealment of property described

20 in paragraphs (1) and (2), but:

21 (i) no conveyance used by any person as a common

22 carrier in the transaction of business as a common

23 carrier is subject to forfeiture under this Section

24 unless it appears that the owner or other person in

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LRB100 04874 SLF 39019 a

1 charge of the conveyance is a consenting party or privy

2 to a violation of this Act;

3 (ii) no conveyance is subject to forfeiture under

4 this Section by reason of any act or omission which the

5 owner proves to have been committed or omitted without

6 his or her knowledge or consent;

7 (iii) a forfeiture of a conveyance encumbered by a

8 bona fide security interest is subject to the interest

9 of the secured party if he or she neither had knowledge

10 of nor consented to the act or omission;

11 (4) all money, things of value, books, records, and

12 research products and materials including formulas,

13 microfilm, tapes, and data which are used, or intended to

14 be used in violation of this Act;

15 (5) everything of value furnished, or intended to be

16 furnished, in exchange for a substance in violation of this

17 Act, all proceeds traceable to such an exchange, and all

18 moneys, negotiable instruments, and securities used, or

19 intended to be used, to commit or in any manner to

20 facilitate any violation of this Act;

21 (6) all real property, including any right, title, and

22 interest (including, but not limited to, any leasehold

23 interest or the beneficial interest in a land trust) in the

24 whole of any lot or tract of land and any appurtenances or

25 improvements, which is used or intended to be used, in any

26 manner or part, to commit, or in any manner to facilitate

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1 the commission of, any violation or act that constitutes a

2 violation of Section 401 or 405 of this Act or that is the

3 proceeds of any violation or act that constitutes a

4 violation of Section 401 or 405 of this Act.

5 (b) Property subject to forfeiture under this Act may be

6 seized by the Director or any peace officer upon process or

7 seizure warrant issued by any court having jurisdiction over

8 the property. Seizure by the Director or any peace officer

9 without process may be made:

10 (1) if the seizure is incident to inspection under an

11 administrative inspection warrant;

12 (2) if the property subject to seizure has been the

13 subject of a prior judgment in favor of the State in a

14 criminal proceeding, or in an injunction or forfeiture

15 proceeding based upon this Act or the Drug Asset Forfeiture

16 Procedure Act;

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 Act and the

22 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 (c) In the event of seizure pursuant to subsection (b),

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1 notice shall be given forthwith to all known interest holders

2 that forfeiture proceedings, including a preliminary review,

3 shall be instituted in accordance with the Drug Asset

4 Forfeiture Procedure Act and such proceedings shall thereafter

5 be instituted in accordance with that Act. Upon a showing of

6 good cause, the notice required for a preliminary review under

7 this Section may be postponed.

8 (d) Property taken or detained under this Section shall not

9 be subject to replevin, but is deemed to be in the custody of

10 the Director subject only to the order and judgments of the

11 circuit court having jurisdiction over the forfeiture

12 proceedings and the decisions of the State's Attorney under the

13 Drug Asset Forfeiture Procedure Act. When property is seized

14 under this Act, the seizing agency shall promptly conduct an

15 inventory of the seized property and estimate the property's

16 value, and shall forward a copy of the inventory of seized

17 property and the estimate of the property's value to the

18 Director. Upon receiving notice of seizure, the Director may:

19 (1) place the property under seal;

20 (2) remove the property to a place designated by the

21 Director;

22 (3) keep the property in the possession of the seizing

23 agency;

24 (4) remove the property to a storage area for

25 safekeeping or, if the property is a negotiable instrument

26 or money and is not needed for evidentiary purposes,

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1 deposit it in an interest bearing account;

2 (5) place the property under constructive seizure by

3 posting notice of pending forfeiture on it, by giving

4 notice of pending forfeiture to its owners and interest

5 holders, or by filing notice of pending forfeiture in any

6 appropriate public record relating to the property; or

7 (6) provide for another agency or custodian, including

8 an owner, secured party, or lienholder, to take custody of

9 the property upon the terms and conditions set by the

10 Director.

11 (e) If the Department of Financial and Professional

12 Regulation suspends or revokes a registration, all controlled

13 substances owned or possessed by the registrant at the time of

14 suspension or the effective date of the revocation order may be

15 placed under seal by the Director. No disposition may be made

16 of substances under seal until the time for taking an appeal

17 has elapsed or until all appeals have been concluded unless a

18 court, upon application therefor, orders the sale of perishable

19 substances and the deposit of the proceeds of the sale with the

20 court. Upon a suspension or revocation order becoming final,

21 all substances may be forfeited to the Illinois State Police.

22 (f) When property is forfeited under this Act the Director

23 shall sell all such property unless such property is required

24 by law to be destroyed or is harmful to the public, and shall

25 distribute the proceeds of the sale, together with any moneys

26 forfeited or seized, in accordance with subsection (g).

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