IL
Illinois House Bill HB3038

Illinois 2023-2024 Regular Session

Illinois House Bill HB3038 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3038 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 5 ILCS 810/10720 ILCS 5/29B-7720 ILCS 5/29B-12 725 ILCS 150/6 from Ch. 56 1/2, par. 1676 Amends the Seizure and Forfeiture Reporting Act. Requires each law enforcement entity that seizes, forfeits, or receives property under the Act to report specified information about the seizure and forfeiture of that property no later than 60 days after December 31 of the year in which the property is seized or forfeited. Provides that neither a law enforcement entity nor the Illinois State Police shall report the seizure, forfeiture, or receipt of property subject to reporting under federal law through equitable sharing agreements with the federal government. Provides that if a law enforcement entity does not seize, forfeit, or receive forfeiture funds during the reporting period, it shall file a null report. Makes changes concerning the information required in reports filed with the Illinois State Police under the Act. Provides that the Illinois State Police shall post annually on its website certain data. Provides that the Illinois State Police shall, within 120 days after the end of the calendar year, submit to the General Assembly, Attorney General, and Governor a written report summarizing activity in the State for the preceding year. Amends the Criminal Code of 2012. Provides that the Director's designee may sell or dispose of forfeited property. Amends the Drug Asset Forfeiture Procedure Act. Provides that the Director's designee may dispose of forfeited property. LRB103 30289 DTM 56717 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3038 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 5 ILCS 810/10720 ILCS 5/29B-7720 ILCS 5/29B-12 725 ILCS 150/6 from Ch. 56 1/2, par. 1676 5 ILCS 810/10 720 ILCS 5/29B-7 720 ILCS 5/29B-12 725 ILCS 150/6 from Ch. 56 1/2, par. 1676 Amends the Seizure and Forfeiture Reporting Act. Requires each law enforcement entity that seizes, forfeits, or receives property under the Act to report specified information about the seizure and forfeiture of that property no later than 60 days after December 31 of the year in which the property is seized or forfeited. Provides that neither a law enforcement entity nor the Illinois State Police shall report the seizure, forfeiture, or receipt of property subject to reporting under federal law through equitable sharing agreements with the federal government. Provides that if a law enforcement entity does not seize, forfeit, or receive forfeiture funds during the reporting period, it shall file a null report. Makes changes concerning the information required in reports filed with the Illinois State Police under the Act. Provides that the Illinois State Police shall post annually on its website certain data. Provides that the Illinois State Police shall, within 120 days after the end of the calendar year, submit to the General Assembly, Attorney General, and Governor a written report summarizing activity in the State for the preceding year. Amends the Criminal Code of 2012. Provides that the Director's designee may sell or dispose of forfeited property. Amends the Drug Asset Forfeiture Procedure Act. Provides that the Director's designee may dispose of forfeited property. LRB103 30289 DTM 56717 b LRB103 30289 DTM 56717 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3038 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
33 5 ILCS 810/10720 ILCS 5/29B-7720 ILCS 5/29B-12 725 ILCS 150/6 from Ch. 56 1/2, par. 1676 5 ILCS 810/10 720 ILCS 5/29B-7 720 ILCS 5/29B-12 725 ILCS 150/6 from Ch. 56 1/2, par. 1676
44 5 ILCS 810/10
55 720 ILCS 5/29B-7
66 720 ILCS 5/29B-12
77 725 ILCS 150/6 from Ch. 56 1/2, par. 1676
88 Amends the Seizure and Forfeiture Reporting Act. Requires each law enforcement entity that seizes, forfeits, or receives property under the Act to report specified information about the seizure and forfeiture of that property no later than 60 days after December 31 of the year in which the property is seized or forfeited. Provides that neither a law enforcement entity nor the Illinois State Police shall report the seizure, forfeiture, or receipt of property subject to reporting under federal law through equitable sharing agreements with the federal government. Provides that if a law enforcement entity does not seize, forfeit, or receive forfeiture funds during the reporting period, it shall file a null report. Makes changes concerning the information required in reports filed with the Illinois State Police under the Act. Provides that the Illinois State Police shall post annually on its website certain data. Provides that the Illinois State Police shall, within 120 days after the end of the calendar year, submit to the General Assembly, Attorney General, and Governor a written report summarizing activity in the State for the preceding year. Amends the Criminal Code of 2012. Provides that the Director's designee may sell or dispose of forfeited property. Amends the Drug Asset Forfeiture Procedure Act. Provides that the Director's designee may dispose of forfeited property.
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1414 1 AN ACT concerning State government.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Seizure and Forfeiture Reporting Act is
1818 5 amended by changing Sections 10 as follows:
1919 6 (5 ILCS 810/10)
2020 7 Sec. 10. Reporting by law enforcement entity agency.
2121 8 (a) Each law enforcement entity agency that seizes,
2222 9 forfeits, or receives property subject to reporting under this
2323 10 Act shall report the following information about each seizure
2424 11 and forfeiture of property seized or forfeited under State law
2525 12 to the Illinois State Police no later than 60 days after
2626 13 December 31 of the year in which the property is seized or
2727 14 forfeited. Neither a law enforcement entity nor the Illinois
2828 15 State Police shall report the seizure, forfeiture, or receipt
2929 16 of property that is subject to reporting under federal law
3030 17 through equitable sharing agreements with the federal
3131 18 government. If a law enforcement entity does not seize,
3232 19 forfeit, or receive forfeiture funds during a reporting
3333 20 period, it shall file a null report for the reporting period
3434 21 with the Illinois State Police. The Illinois State Police
3535 22 shall update or replace forms, establish processes, and assign
3636 23 to the appropriate seizing, forfeiting, and receiving entities
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3038 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
4141 5 ILCS 810/10720 ILCS 5/29B-7720 ILCS 5/29B-12 725 ILCS 150/6 from Ch. 56 1/2, par. 1676 5 ILCS 810/10 720 ILCS 5/29B-7 720 ILCS 5/29B-12 725 ILCS 150/6 from Ch. 56 1/2, par. 1676
4242 5 ILCS 810/10
4343 720 ILCS 5/29B-7
4444 720 ILCS 5/29B-12
4545 725 ILCS 150/6 from Ch. 56 1/2, par. 1676
4646 Amends the Seizure and Forfeiture Reporting Act. Requires each law enforcement entity that seizes, forfeits, or receives property under the Act to report specified information about the seizure and forfeiture of that property no later than 60 days after December 31 of the year in which the property is seized or forfeited. Provides that neither a law enforcement entity nor the Illinois State Police shall report the seizure, forfeiture, or receipt of property subject to reporting under federal law through equitable sharing agreements with the federal government. Provides that if a law enforcement entity does not seize, forfeit, or receive forfeiture funds during the reporting period, it shall file a null report. Makes changes concerning the information required in reports filed with the Illinois State Police under the Act. Provides that the Illinois State Police shall post annually on its website certain data. Provides that the Illinois State Police shall, within 120 days after the end of the calendar year, submit to the General Assembly, Attorney General, and Governor a written report summarizing activity in the State for the preceding year. Amends the Criminal Code of 2012. Provides that the Director's designee may sell or dispose of forfeited property. Amends the Drug Asset Forfeiture Procedure Act. Provides that the Director's designee may dispose of forfeited property.
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7777 1 responsibility for reporting the following information:
7878 2 (1) the name of the law enforcement agency that seized
7979 3 the property or the name of the lead agency if a state
8080 4 multijurisdictional task force seizes the property;
8181 5 (2) the date of the seizure;
8282 6 (3) the type of property seized, including a building,
8383 7 vehicle, boat, cash, negotiable security, or firearm,
8484 8 except reporting is not required for seizures of
8585 9 contraband including alcohol, gambling devices, drug
8686 10 paraphernalia, and controlled substances;
8787 11 (4) a description of the property seized and the
8888 12 estimated value of the property and if the property is a
8989 13 conveyance, the description shall include the make, model,
9090 14 year, and vehicle identification number or serial number;
9191 15 and
9292 16 (5) the location where the seizure occurred,
9393 17 including: .
9494 18 (A) the zip code of the location;
9595 19 (B) a description of the type of location, such as
9696 20 a home, business, or roadway;
9797 21 (6) a description of the direction of traffic flow if
9898 22 the seizure is made during a traffic stop on an interstate
9999 23 or State highway;
100100 24 (7) a citation to the statutory authority under which
101101 25 the seizure or forfeiture was executed;
102102 26 (8) a citation to the statutory authority of the
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113113 1 alleged criminal offense that led to the seizure, if any;
114114 2 (9) a citation to the statutory authority for which
115115 3 the accused person was arrested or charged, if any;
116116 4 (10) the criminal case number, if any, and court in
117117 5 which the case was filed;
118118 6 (11) the accused person's race, sex, year of birth,
119119 7 and residential zip code;
120120 8 (12) a description of the outcome of the accused
121121 9 person's criminal case, which specifies whether charges
122122 10 were filed or dropped and whether the accused was
123123 11 acquitted, entered a plea agreement, or was convicted;
124124 12 (13) the forfeiture case number and the court in which
125125 13 the case was filed;
126126 14 (14) a description of whether the forfeiture was
127127 15 completed as a judicial or nonjudicial proceeding and, if
128128 16 judicial, whether it was a criminal proceeding or civil
129129 17 proceeding.
130130 18 (15) a description of claims filed by a property owner
131131 19 or other interested party, if any, such as:
132132 20 (A) a verified claim in a nonjudicial forfeiture
133133 21 proceeding under Section 6 of the Drug Asset
134134 22 Forfeiture Procedure Act, Section 29 of the Criminal
135135 23 Code of 2012, or other statute to which these
136136 24 reporting requirements apply;
137137 25 (B) an answer asserting a claim for the property
138138 26 in an action in rem under Section 9 of the Drug Asset
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149149 1 Forfeiture Procedure Act, Section 29 or 36 of the
150150 2 Criminal Code of 2012, or other statute to which these
151151 3 reporting requirements apply;
152152 4 (C) a motion for an innocent owner hearing under
153153 5 Section 9 of the Drug Asset Forfeiture Procedure Act,
154154 6 Section 36 of the Criminal Code of 2012, or other
155155 7 statute to which these reporting requirements apply;
156156 8 (D) a petition to intervene under Section 2-408 of
157157 9 the Code of Civil Procedure;
158158 10 (E) a petition for remission under Section 36 of
159159 11 the Criminal Code of 2012 or other statute to which
160160 12 these reporting requirements apply;
161161 13 (F) a claim for judicial review that is filed
162162 14 under Section 124B-170 of the Criminal Code of 2012 or
163163 15 other statute to which these reporting requirements
164164 16 apply and that is filed after an order of forfeiture is
165165 17 entered;
166166 18 (G) a substantial hardship motion filed under
167167 19 Section 36 of the Criminal Code of 2012; or
168168 20 (H) any other claim contesting the forfeiture of
169169 21 property under any provision for which reporting is
170170 22 mandated under this Section.
171171 23 (16) a description of whether the person that filed
172172 24 the claim or petition is an accused person, innocent
173173 25 owner, a creditor, or an otherwise interested party;
174174 26 (17) a description of whether the petitioner filed for
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185185 1 a full or partial waiver of court fees;
186186 2 (18) a description of the outcome of any judicial
187187 3 forfeiture action, including the outcome of motions filed,
188188 4 default judgments, judgments after a contested hearing;
189189 5 settlements between the owner or other interested party
190190 6 and the State's Attorney under Section 11 of the Drug
191191 7 Asset Forfeiture Procedure Act, or other outcome;
192192 8 (19) a description of whether the Attorney General
193193 9 granted a petition for remission under Section 36 of the
194194 10 Criminal Code of 2012 or other statute to which these
195195 11 reporting requirements apply;
196196 12 (20) the date the final forfeiture order was entered;
197197 13 (21) a description of the disposition of the property,
198198 14 including a statement regarding whether the property was
199199 15 returned to the owner, partially returned to the owner,
200200 16 sold, destroyed, retained by a law enforcement entity, or
201201 17 was otherwise disposed;
202202 18 (22) the date and location of the property
203203 19 disposition; and
204204 20 (23) the total value of forfeited property held by
205205 21 each entity at the end of the reporting period.
206206 22 The filing requirement shall be met upon filing Illinois
207207 23 State Police Notice/Inventory of Seized Property (Form 4-64)
208208 24 as amended, supplemented, or replaced to allow for the
209209 25 reporting of elements required in this Section, with the
210210 26 State's Attorney's Office in the county where the forfeiture
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221221 1 action is being commenced or with the Attorney General's
222222 2 Office if the forfeiture action is being commenced by that
223223 3 office, and the forwarding of said forms Form 4-64 upon
224224 4 approval of the State's Attorney's Office or the Attorney
225225 5 General's Office to the Illinois State Police Asset Forfeiture
226226 6 Section. With regard to seizures for which Form 4-64 is not
227227 7 required to be filed, the filing requirement shall be met by
228228 8 the filing of an annual summary report with the Illinois State
229229 9 Police no later than 60 days after December 31 of that year.
230230 10 (b) Each seizing law enforcement entity agency, including
231231 11 a drug task force or Metropolitan Enforcement Group (MEG)
232232 12 unit, that receives proceeds from forfeitures subject to
233233 13 reporting under this Act shall file an annual report with the
234234 14 Illinois State Police no later than 60 days after December 31
235235 15 of that year. If an entity did not seize, forfeit, receive, or
236236 16 spend forfeiture funds during the reporting period, it shall
237237 17 file a null report with the Illinois State Police. The format
238238 18 of the report shall be developed by the Illinois State Police
239239 19 and shall be completed by the law enforcement entity agency.
240240 20 The report shall include, at a minimum, the amount of funds and
241241 21 other property distributed to the law enforcement entity
242242 22 agency by the Illinois State Police, the amount of funds
243243 23 expended by the law enforcement entity agency, and the
244244 24 category of expenditure, including:
245245 25 (1) crime, gang, or abuse prevention or intervention
246246 26 programs;
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257257 1 (2) compensation or services for crime victims;
258258 2 (3) investigation and litigation expenses, including
259259 3 expenses for forensics, witness protection, informant
260260 4 fees, and controlled purchases of contraband, auditing,
261261 5 court reporting, expert witnesses, attorneys, court fees,
262262 6 discovery, court reporters, printing, postage, filing,
263263 7 outside counsel, and awards to opposing parties;
264264 8 (4) salaries, overtime, and benefits, as permitted by
265265 9 law;
266266 10 (5) operating expenses, including but not limited to,
267267 11 capital expenditures, including expenditures for for
268268 12 vehicles, firearms, equipment, computers, software,
269269 13 hardware, appliances, canines, furniture, advanced
270270 14 surveillance technology, including, but not limited to,
271271 15 IMSI catchers office supplies, postage, printing,
272272 16 membership fees paid to trade associations, and fees for
273273 17 professional services including auditing, court reporting,
274274 18 expert witnesses, and attorneys;
275275 19 (6) travel, meals, entertainment, conferences,
276276 20 training, and continuing education seminars; and
277277 21 (7) operating expenses related to seized property,
278278 22 including expenses for the storage, maintenance, repairs,
279279 23 and return of seized property;
280280 24 (8) administrative expenses, including expenses for
281281 25 office supplies, postage, printing, utilities, and repairs
282282 26 and maintenance of official vehicles and other equipment;
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293293 1 and
294294 2 (9) (7) other expenditures of forfeiture proceeds.
295295 3 (c) The Illinois State Police shall establish and maintain
296296 4 on its official website a public case tracking system and
297297 5 searchable database that includes annual aggregate data for
298298 6 each law enforcement agency that reports each seizure and
299299 7 forfeiture seizures of property in a machine-readable format
300300 8 under subsection (a) of this Section, by each law enforcement
301301 9 agency that receives distributions of forfeiture proceeds
302302 10 subject to reporting under this Act, or reports expenditures
303303 11 under subsection (b) of this Section. This aggregate data
304304 12 shall include, for each law enforcement agency:
305305 13 (d) The Illinois State Police shall post annually on its
306306 14 website aggregate data for each law enforcement agency
307307 15 required to report under this Section. This annual aggregate
308308 16 data shall include the following information for each law
309309 17 enforcement agency or, if applicable, a null report:
310310 18 (1) the total number of asset seizures reported by
311311 19 each law enforcement agency during the calendar year;
312312 20 (2) the monetary value of all currency or its
313313 21 equivalent seized by the law enforcement agency during the
314314 22 calendar year;
315315 23 (3) the number of conveyances seized by the law
316316 24 enforcement agency during the calendar year, and the
317317 25 aggregate estimated value;
318318 26 (4) the aggregate estimated value of all other
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329329 1 property seized by the law enforcement agency during the
330330 2 calendar year;
331331 3 (5) the monetary value of distributions by the
332332 4 Illinois State Police of forfeited currency or auction
333333 5 proceeds from forfeited property to the law enforcement
334334 6 agency during the calendar year; and
335335 7 (6) the total amount of the seizing law enforcement
336336 8 agency's expenditures of forfeiture proceeds during the
337337 9 calendar year, categorized as provided under subsection
338338 10 (b) of this Section.
339339 11 The database shall not provide names, addresses, phone
340340 12 numbers, or other personally identifying information of owners
341341 13 or interest holders, persons, business entities, covert office
342342 14 locations, or business entities involved in the forfeiture
343343 15 action and shall not disclose the vehicle identification
344344 16 number or serial number of any conveyance.
345345 17 (e) The Illinois State Police shall, 120 days after the
346346 18 end of each calendar year, submit to the General Assembly,
347347 19 Attorney General, and Governor a written report that
348348 20 summarizes activity in the State for the preceding year and
349349 21 includes the type, approximate value, and disposition of the
350350 22 property seized and the amount of proceeds received and
351351 23 expended at the State and local levels. The report shall
352352 24 provide a categorized accounting of all proceeds expended. It
353353 25 shall disaggregate, by agency, summary data on seizures,
354354 26 forfeitures, and expenditures of forfeiture proceeds. The
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365365 1 Illinois State Police shall post the aggregate report on its
366366 2 website.
367367 3 (f) The Illinois State Police may include in its aggregate
368368 4 report recommendations to improve statutes, rules, and
369369 5 policies to better ensure that seizures, forfeitures, and
370370 6 expenditures are conducted and reported in a manner that is
371371 7 fair to crime victims, innocent property owners, secured
372372 8 interest holders, law enforcement officials, citizens, and
373373 9 taxpayers.
374374 10 (g) (d) The Illinois State Police shall adopt rules to
375375 11 administer the asset forfeiture program, including the
376376 12 categories of authorized expenditures consistent with the
377377 13 statutory guidelines for each of the included forfeiture
378378 14 statutes, the use of forfeited funds, other expenditure
379379 15 requirements, and the reporting of seizure and forfeiture
380380 16 information. The Illinois State Police may adopt rules
381381 17 necessary to implement this Act through the use of emergency
382382 18 rulemaking under Section 5-45 of the Illinois Administrative
383383 19 Procedure Act for a period not to exceed 180 days after the
384384 20 effective date of this Act.
385385 21 (h) (e) The Illinois State Police shall have authority and
386386 22 oversight over all law enforcement agencies receiving
387387 23 forfeited funds from the Illinois State Police. This authority
388388 24 shall include enforcement of rules and regulations adopted by
389389 25 the Illinois State Police and sanctions for violations of any
390390 26 rules and regulations, including the withholding of
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401401 1 distributions of forfeiture proceeds from the law enforcement
402402 2 agency in violation.
403403 3 (i) (f) Upon application by a law enforcement agency to
404404 4 the Illinois State Police, the reporting of a particular asset
405405 5 forfeited under this Section may be delayed if the asset in
406406 6 question was seized from a person who has become a
407407 7 confidential informant under the agency's confidential
408408 8 informant policy, or if the asset was seized as part of an
409409 9 ongoing investigation. This delayed reporting shall be granted
410410 10 by the Illinois State Police for a maximum period of 6 months
411411 11 if the confidential informant is still providing cooperation
412412 12 to law enforcement or the investigation is still ongoing,
413413 13 after which the asset shall be reported as required under this
414414 14 Act.
415415 15 (j) (g) The Illinois State Police shall, on or before
416416 16 January 1, 2024 2019, establish and implement the requirements
417417 17 of this Act. To In order to implement the reporting and public
418418 18 database requirements under this Act, the Illinois State
419419 19 Police Asset Forfeiture Section requires a one-time upgrade of
420420 20 its information technology software and hardware. This
421421 21 one-time upgrade shall be funded by a temporary allocation of
422422 22 5% of all forfeited currency and 5% of the auction proceeds
423423 23 from each forfeited asset, which are to be distributed after
424424 24 the effective date of this Act. The Illinois State Police
425425 25 shall transfer these funds at the time of distribution to a
426426 26 separate fund established by the Illinois State Police. Moneys
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437437 1 deposited in this fund shall be accounted for and shall be used
438438 2 only to pay for the actual one-time cost of purchasing and
439439 3 installing the hardware and software required to comply with
440440 4 this new reporting and public database requirement. Moneys
441441 5 deposited in the fund shall not be subject to reappropriation,
442442 6 reallocation, or redistribution for any other purpose. After
443443 7 sufficient funds are transferred to the fund to cover the
444444 8 actual one-time cost of purchasing and installing the hardware
445445 9 and software required to comply with this new reporting and
446446 10 public database requirement, no additional funds shall be
447447 11 transferred to the fund for any purpose. At the completion of
448448 12 the one-time upgrade of the information technology hardware
449449 13 and software to comply with this new reporting and public
450450 14 database requirement, any remaining funds in the fund shall be
451451 15 returned to the participating agencies under the distribution
452452 16 requirements of the statutes from which the funds were
453453 17 transferred, and the fund shall no longer exist.
454454 18 (k) (h)(1) The Illinois State Police, in consultation with
455455 19 and subject to the approval of the Chief Procurement Officer,
456456 20 may procure a single contract or multiple contracts to
457457 21 implement this Act.
458458 22 (2) A contract or contracts under this subsection (k) (h)
459459 23 are not subject to the Illinois Procurement Code, except for
460460 24 Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
461461 25 that Code, provided that the Chief Procurement Officer may, in
462462 26 writing with justification, waive any certification required
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473473 1 under Article 50 of the Illinois Procurement Code. The
474474 2 provisions of this paragraph (2), other than this sentence,
475475 3 are inoperative on and after July 1, 2019.
476476 4 (Source: P.A. 102-538, eff. 8-20-21.)
477477 5 Section 10. The Criminal Code of 2012 is amended by
478478 6 changing Sections 29B-7 and 29B-12 as follows:
479479 7 (720 ILCS 5/29B-7)
480480 8 Sec. 29B-7. Safekeeping of seized property pending
481481 9 disposition.
482482 10 (a) If property is seized under this Article, the seizing
483483 11 agency shall promptly conduct an inventory of the seized
484484 12 property and estimate the property's value and shall forward a
485485 13 copy of the inventory of seized property and the estimate of
486486 14 the property's value to the Director. Upon receiving notice of
487487 15 seizure, the Director may:
488488 16 (1) place the property under seal;
489489 17 (2) remove the property to a place designated by the
490490 18 Director;
491491 19 (3) keep the property in the possession of the seizing
492492 20 agency;
493493 21 (4) remove the property to a storage area for
494494 22 safekeeping or, if the property is a negotiable instrument
495495 23 or money and is not needed for evidentiary purposes,
496496 24 deposit it in an interest bearing account;
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507507 1 (5) place the property under constructive seizure by
508508 2 posting notice of pending forfeiture on it, by giving
509509 3 notice of pending forfeiture to its owners and interest
510510 4 holders, or by filing notice of pending forfeiture in any
511511 5 appropriate public record relating to the property; or
512512 6 (6) provide for another agency or custodian, including
513513 7 an owner, secured party, or lienholder, to take custody of
514514 8 the property upon the terms and conditions set by the
515515 9 Director.
516516 10 (b) When property is forfeited under this Article, the
517517 11 Director or the Director's designee shall sell all the
518518 12 property unless the property is required by law to be
519519 13 destroyed or is harmful to the public and shall distribute the
520520 14 proceeds of the sale, together with any moneys forfeited or
521521 15 seized, under Section 29B-26 of this Article.
522522 16 (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
523523 17 (720 ILCS 5/29B-12)
524524 18 Sec. 29B-12. Non-judicial forfeiture. If non-real
525525 19 property that exceeds $20,000 in value excluding the value of
526526 20 any conveyance, or if real property is seized under the
527527 21 provisions of this Article, the State's Attorney shall
528528 22 institute judicial in rem forfeiture proceedings as described
529529 23 in Section 29B-13 of this Article within 28 days from receipt
530530 24 of notice of seizure from the seizing agency under Section
531531 25 29B-8 of this Article. However, if non-real property that does
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542542 1 not exceed $20,000 in value excluding the value of any
543543 2 conveyance is seized, the following procedure shall be used:
544544 3 (1) If, after review of the facts surrounding the
545545 4 seizure, the State's Attorney is of the opinion that the
546546 5 seized property is subject to forfeiture, then, within 28
547547 6 days after the receipt of notice of seizure from the
548548 7 seizing agency, the State's Attorney shall cause notice of
549549 8 pending forfeiture to be given to the owner of the
550550 9 property and all known interest holders of the property in
551551 10 accordance with Section 29B-10 of this Article.
552552 11 (2) The notice of pending forfeiture shall include a
553553 12 description of the property, the estimated value of the
554554 13 property, the date and place of seizure, the conduct
555555 14 giving rise to forfeiture or the violation of law alleged,
556556 15 and a summary of procedures and procedural rights
557557 16 applicable to the forfeiture action.
558558 17 (3)(A) Any person claiming an interest in property
559559 18 that is the subject of notice under paragraph (1) of this
560560 19 Section, must, in order to preserve any rights or claims
561561 20 to the property, within 45 days after the effective date
562562 21 of notice as described in Section 29B-10 of this Article,
563563 22 file a verified claim with the State's Attorney expressing
564564 23 his or her interest in the property. The claim shall set
565565 24 forth:
566566 25 (i) the caption of the proceedings as set forth on
567567 26 the notice of pending forfeiture and the name of the
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578578 1 claimant;
579579 2 (ii) the address at which the claimant will accept
580580 3 mail;
581581 4 (iii) the nature and extent of the claimant's
582582 5 interest in the property;
583583 6 (iv) the date, identity of the transferor, and
584584 7 circumstances of the claimant's acquisition of the
585585 8 interest in the property;
586586 9 (v) the names and addresses of all other persons
587587 10 known to have an interest in the property;
588588 11 (vi) the specific provision of law relied on in
589589 12 asserting the property is not subject to forfeiture;
590590 13 (vii) all essential facts supporting each
591591 14 assertion; and
592592 15 (viii) the relief sought.
593593 16 (B) If a claimant files the claim, then the State's
594594 17 Attorney shall institute judicial in rem forfeiture
595595 18 proceedings with the clerk of the court as described in
596596 19 Section 29B-13 of this Article within 28 days after
597597 20 receipt of the claim.
598598 21 (4) If no claim is filed within the 28-day period as
599599 22 described in paragraph (3) of this Section, the State's
600600 23 Attorney shall declare the property forfeited and shall
601601 24 promptly notify the owner and all known interest holders
602602 25 of the property and the Director of the Illinois State
603603 26 Police or the Director's designee of the declaration of
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614614 1 forfeiture and the Director shall dispose of the property
615615 2 in accordance with law.
616616 3 (Source: P.A. 102-538, eff. 8-20-21.)
617617 4 Section 15. The Drug Asset Forfeiture Procedure Act is
618618 5 amended by changing Section 6 as follows:
619619 6 (725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
620620 7 Sec. 6. Non-judicial forfeiture. If non-real property that
621621 8 exceeds $150,000 in value excluding the value of any
622622 9 conveyance, or if real property is seized under the provisions
623623 10 of the Illinois Controlled Substances Act, the Cannabis
624624 11 Control Act, or the Methamphetamine Control and Community
625625 12 Protection Act, the State's Attorney shall institute judicial
626626 13 in rem forfeiture proceedings as described in Section 9 of
627627 14 this Act within 28 days from receipt of notice of seizure from
628628 15 the seizing agency under Section 5 of this Act. However, if
629629 16 non-real property that does not exceed $150,000 in value
630630 17 excluding the value of any conveyance is seized, the following
631631 18 procedure shall be used:
632632 19 (A) If, after review of the facts surrounding the
633633 20 seizure, the State's Attorney is of the opinion that the
634634 21 seized property is subject to forfeiture, then, within 28
635635 22 days of the receipt of notice of seizure from the seizing
636636 23 agency, the State's Attorney shall cause notice of pending
637637 24 forfeiture to be given to the owner of the property and all
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648648 1 known interest holders of the property in accordance with
649649 2 Section 4 of this Act.
650650 3 (B) The notice of pending forfeiture must include a
651651 4 description of the property, the estimated value of the
652652 5 property, the date and place of seizure, the conduct
653653 6 giving rise to forfeiture or the violation of law alleged,
654654 7 and a summary of procedures and procedural rights
655655 8 applicable to the forfeiture action.
656656 9 (C)(1) Any person claiming an interest in property
657657 10 which is the subject of notice under subsection (A) of
658658 11 this Section may, within 45 days after the effective date
659659 12 of notice as described in Section 4 of this Act, file a
660660 13 verified claim with the State's Attorney expressing his or
661661 14 her interest in the property. The claim must set forth:
662662 15 (i) the caption of the proceedings as set forth on
663663 16 the notice of pending forfeiture and the name of the
664664 17 claimant;
665665 18 (ii) the address at which the claimant will accept
666666 19 mail;
667667 20 (iii) the nature and extent of the claimant's
668668 21 interest in the property;
669669 22 (iv) the date, identity of the transferor, and
670670 23 circumstances of the claimant's acquisition of the
671671 24 interest in the property;
672672 25 (v) the names and addresses of all other persons
673673 26 known to have an interest in the property;
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684684 1 (vi) the specific provision of law relied on in
685685 2 asserting the property is not subject to forfeiture;
686686 3 (vii) all essential facts supporting each
687687 4 assertion; and
688688 5 (viii) the relief sought.
689689 6 (2) If a claimant files the claim then the State's
690690 7 Attorney shall institute judicial in rem forfeiture
691691 8 proceedings within 28 days after receipt of the claim.
692692 9 (D) If no claim is filed within the 45-day period as
693693 10 described in subsection (C) of this Section, the State's
694694 11 Attorney shall declare the property forfeited and shall
695695 12 promptly notify the owner and all known interest holders
696696 13 of the property and the Director of the Illinois State
697697 14 Police of the declaration of forfeiture and the Director
698698 15 or the Director's designee shall dispose of the property
699699 16 in accordance with law.
700700 17 (Source: P.A. 102-538, eff. 8-20-21.)
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