Illinois 2023-2024 Regular Session

Illinois House Bill HB3038

Introduced
2/16/23  
Introduced
2/16/23  

Caption

SEIZURE AND FORFEITURE

Impact

The new requirements are expected to significantly improve transparency in how law enforcement handles asset forfeiture. By requiring annual reporting and the establishment of a public database, the bill aims to provide the public and policymakers with insight into the extent of law enforcement’s actions and the financial implications of seized assets. This could impact local and state law enforcement budgets, as determined funds from forfeitures will be more closely monitored and categorized. The Illinois State Police will be charged with posting annual summaries and maintaining a searchable database, which could facilitate enhanced public scrutiny and engagement regarding law enforcement practices.

Summary

House Bill 3038, introduced by Rep. Will Guzzardi, amends the Seizure and Forfeiture Reporting Act to enhance oversight and reporting requirements for law enforcement agencies concerning asset seizures and forfeitures. The bill mandates that each law enforcement entity must report details regarding any property seized or forfeited no later than 60 days after the end of the calendar year in which the action occurred. These reports must include specific information such as the type and estimated value of seized property, the date of seizure, and the involved agency. Additional stipulations state that agencies must file a null report if no seizures occur within the period, promoting thorough accountability in law enforcement activities.

Contention

While proponents argue that these measures will lead to greater accountability and prevent potential abuses associated with asset forfeiture, opposition may arise from some law enforcement groups concerned about the additional bureaucratic burden this places on them. Critiques may focus on whether the reporting requirements are overly cumbersome or detract from law enforcement priorities. Overall, the bill represents a balancing act between ensuring effective law enforcement practices and safeguarding civil liberties by preventing unjust seizures without due process.

Companion Bills

No companion bills found.

Similar Bills

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA HB569

Provides for the forfeiture of property

WV HB2673

To require a guilty verdict, before any property of any type are taken from an individual

IL SB1485

SEIZURE & FORFEITURE REPORT

IL HB1628

SEIZURE & FORFEITURE REPORT