IL
Illinois House Bill HB1628

Illinois 2025-2026 Regular Session

Illinois House Bill HB1628 Compare Versions

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1-HB1628 EngrossedLRB104 08982 BDA 19038 b HB1628 Engrossed LRB104 08982 BDA 19038 b
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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1628 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 5 ILCS 810/10 Amends the Seizure and Forfeiture Reporting Act. Provides that each law enforcement agency that seizes, forfeits, or receives property subject to reporting under the Act shall report certain information about each seizure and forfeiture of property to the Illinois State Police no later than 60 days after December 31 of the year in which the property is seized or forfeited. Adds certain required information, including the accused person's race, sex, age, and zip code, as well as a citation to the statutory authorities under which the property was seized and the accused person was arrested, to the information to be submitted in a report. Adds certain required information from court records about each forfeiture of property to the information to be reported to the Illinois State Police. Provides that if an agency did not seize, forfeit, receive, or spend forfeiture funds, it shall file a null report with the Illinois State Police. Provides that the annual report shall include an aggregate summary of all seizures and forfeitures carried out and their respective proceeds, as well as other information, including categories of expenditures, such as investigation and litigation expenses, software, hardware, appliances, canines, surveillance technology, IMSI catchers, operating expenses, and administrative expenses. Provides that the Illinois State Police shall post annually on its website aggregate data for each law enforcement agency with certain information. Provides that the Illinois State Police shall, 120 days after the end of each calendar year, submit to the General Assembly, Attorney General, and Governor, as well as post on its website, a written report that summarizes certain activity in the State for the preceding year regarding property seized and related expenditures at the State and local levels, with categorized accounting and other requirements. Provides that the Illinois State Police may include certain recommendations in its report. Provides that the Illinois State Police shall, on or before January 1, 2026 (rather than 2019), establish and implement the requirements of this Act. Makes other changes. LRB104 08982 BDA 19038 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1628 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 5 ILCS 810/10 5 ILCS 810/10 Amends the Seizure and Forfeiture Reporting Act. Provides that each law enforcement agency that seizes, forfeits, or receives property subject to reporting under the Act shall report certain information about each seizure and forfeiture of property to the Illinois State Police no later than 60 days after December 31 of the year in which the property is seized or forfeited. Adds certain required information, including the accused person's race, sex, age, and zip code, as well as a citation to the statutory authorities under which the property was seized and the accused person was arrested, to the information to be submitted in a report. Adds certain required information from court records about each forfeiture of property to the information to be reported to the Illinois State Police. Provides that if an agency did not seize, forfeit, receive, or spend forfeiture funds, it shall file a null report with the Illinois State Police. Provides that the annual report shall include an aggregate summary of all seizures and forfeitures carried out and their respective proceeds, as well as other information, including categories of expenditures, such as investigation and litigation expenses, software, hardware, appliances, canines, surveillance technology, IMSI catchers, operating expenses, and administrative expenses. Provides that the Illinois State Police shall post annually on its website aggregate data for each law enforcement agency with certain information. Provides that the Illinois State Police shall, 120 days after the end of each calendar year, submit to the General Assembly, Attorney General, and Governor, as well as post on its website, a written report that summarizes certain activity in the State for the preceding year regarding property seized and related expenditures at the State and local levels, with categorized accounting and other requirements. Provides that the Illinois State Police may include certain recommendations in its report. Provides that the Illinois State Police shall, on or before January 1, 2026 (rather than 2019), establish and implement the requirements of this Act. Makes other changes. LRB104 08982 BDA 19038 b LRB104 08982 BDA 19038 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1628 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
3+5 ILCS 810/10 5 ILCS 810/10
4+5 ILCS 810/10
5+Amends the Seizure and Forfeiture Reporting Act. Provides that each law enforcement agency that seizes, forfeits, or receives property subject to reporting under the Act shall report certain information about each seizure and forfeiture of property to the Illinois State Police no later than 60 days after December 31 of the year in which the property is seized or forfeited. Adds certain required information, including the accused person's race, sex, age, and zip code, as well as a citation to the statutory authorities under which the property was seized and the accused person was arrested, to the information to be submitted in a report. Adds certain required information from court records about each forfeiture of property to the information to be reported to the Illinois State Police. Provides that if an agency did not seize, forfeit, receive, or spend forfeiture funds, it shall file a null report with the Illinois State Police. Provides that the annual report shall include an aggregate summary of all seizures and forfeitures carried out and their respective proceeds, as well as other information, including categories of expenditures, such as investigation and litigation expenses, software, hardware, appliances, canines, surveillance technology, IMSI catchers, operating expenses, and administrative expenses. Provides that the Illinois State Police shall post annually on its website aggregate data for each law enforcement agency with certain information. Provides that the Illinois State Police shall, 120 days after the end of each calendar year, submit to the General Assembly, Attorney General, and Governor, as well as post on its website, a written report that summarizes certain activity in the State for the preceding year regarding property seized and related expenditures at the State and local levels, with categorized accounting and other requirements. Provides that the Illinois State Police may include certain recommendations in its report. Provides that the Illinois State Police shall, on or before January 1, 2026 (rather than 2019), establish and implement the requirements of this Act. Makes other changes.
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311 1 AN ACT concerning government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Seizure and Forfeiture Reporting Act is
715 5 amended by changing Section 10 as follows:
816 6 (5 ILCS 810/10)
917 7 Sec. 10. Reporting by law enforcement agency.
10-8 (a) Each law enforcement agency that seizes property
11-9 subject to reporting under this Act shall report the following
12-10 information about property seized or forfeited under State law
13-11 to the Illinois State Police no later than 60 days after
14-12 December 31 of the year in which the property is seized:
15-13 (1) the name of the law enforcement agency that seized
16-14 the property or the name of the lead agency if a State
17-15 multijurisdictional task force seizes the property;
18-16 (2) the date of the seizure;
19-17 (3) the type of property seized, including a building,
20-18 vehicle, boat, cash, negotiable security, or firearm,
21-19 except reporting is not required for seizures of
22-20 contraband including alcohol, gambling devices, drug
23-21 paraphernalia, and controlled substances;
24-22 (4) a description of the property seized and the
25-23 estimated value of the property and if the property is a
18+8 (a) Each law enforcement agency that seizes, forfeits, or
19+9 receives property subject to reporting under this Act shall
20+10 report the following information about each seizure and
21+11 forfeiture of property seized or forfeited under State law to
22+12 the Illinois State Police no later than 60 days after December
23+13 31 of the year in which the property is seized or forfeited. If
24+14 a law enforcement agency does not seize, forfeit, or receive
25+15 forfeiture funds during a reporting period, it shall file a
26+16 null report for the reporting period with the Illinois State
27+17 Police. The Illinois State Police shall update or replace
28+18 forms, establish processes, and assign to the appropriate
29+19 seizing, forfeiting, and receiving agencies responsibility for
30+20 reporting the following information. :
31+21 The following information about each seizure of property
32+22 shall be collected from existing law enforcement records about
33+23 that seizure, such as police reports, and reported to the
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34-1 conveyance, the description shall include the make, model,
35-2 year, and vehicle identification number or serial number;
36-3 and
37-4 (5) the county, municipality or township, and zip code
38-5 location where the seizure occurred;
39-6 (6) the race, sex, age, and residential zip code of
40-7 the person from whom the property was seized, as
41-8 self-reported to law enforcement; and
42-9 (7) a citation to the statutory authorities under
43-10 which the property was seized and the accused person was
44-11 arrested, if any.
45-12 The filing requirement shall be met upon filing Illinois
46-13 State Police Notice/Inventory of Seized Property (Form 4-64),
47-14 as amended, supplemented, or replaced to allow for the
48-15 reporting of elements required in this Section, with the
49-16 State's Attorney's Office in the county where the forfeiture
50-17 action is being commenced or with the Attorney General's
51-18 Office if the forfeiture action is being commenced by that
52-19 office, and the forwarding of the forms Form 4-64 upon
53-20 approval of the State's Attorney's Office or the Attorney
54-21 General's Office to the Illinois State Police Asset Forfeiture
55-22 Section. If an agency did not seize property during the
56-23 reporting period, it shall file a report with the Illinois
57-24 State Police stating that the agency made no seizures during
58-25 the reporting period With regard to seizures for which Form
59-26 4-64 is not required to be filed, the filing requirement shall
37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1628 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
38+5 ILCS 810/10 5 ILCS 810/10
39+5 ILCS 810/10
40+Amends the Seizure and Forfeiture Reporting Act. Provides that each law enforcement agency that seizes, forfeits, or receives property subject to reporting under the Act shall report certain information about each seizure and forfeiture of property to the Illinois State Police no later than 60 days after December 31 of the year in which the property is seized or forfeited. Adds certain required information, including the accused person's race, sex, age, and zip code, as well as a citation to the statutory authorities under which the property was seized and the accused person was arrested, to the information to be submitted in a report. Adds certain required information from court records about each forfeiture of property to the information to be reported to the Illinois State Police. Provides that if an agency did not seize, forfeit, receive, or spend forfeiture funds, it shall file a null report with the Illinois State Police. Provides that the annual report shall include an aggregate summary of all seizures and forfeitures carried out and their respective proceeds, as well as other information, including categories of expenditures, such as investigation and litigation expenses, software, hardware, appliances, canines, surveillance technology, IMSI catchers, operating expenses, and administrative expenses. Provides that the Illinois State Police shall post annually on its website aggregate data for each law enforcement agency with certain information. Provides that the Illinois State Police shall, 120 days after the end of each calendar year, submit to the General Assembly, Attorney General, and Governor, as well as post on its website, a written report that summarizes certain activity in the State for the preceding year regarding property seized and related expenditures at the State and local levels, with categorized accounting and other requirements. Provides that the Illinois State Police may include certain recommendations in its report. Provides that the Illinois State Police shall, on or before January 1, 2026 (rather than 2019), establish and implement the requirements of this Act. Makes other changes.
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70-1 be met by the filing of an annual summary report with the
71-2 Illinois State Police no later than 60 days after December 31
72-3 of that year.
73-4 (a-1) Each prosecuting authority that issues a notice of
74-5 pending forfeiture of property seized under State law shall
75-6 report the following information to the Illinois State Police
76-7 no later than 60 days after December 31 of the year in which
77-8 the notice of pending forfeiture is issued:
78-9 (1) the police report number associated with each
79-10 seizure of property;
80-11 (2) the forfeiture case number associated with the
81-12 seizure, and the court or venue in which the case was
82-13 filed, or if no forfeiture case was filed, any unique
83-14 identification number that the prosecuting authority
84-15 assigns to the pending forfeiture associated with each
85-16 police report number reported under paragraph (1) of this
86-17 subsection (a-1); and
87-18 (3) the criminal case number, if any, associated with
88-19 each police report number reported under paragraph (1) of
89-20 this subsection (a-1), and the court in which the criminal
90-21 case was filed.
91-22 If a prosecuting authority did not issue a notice of
92-23 pending forfeiture during the reporting period, it shall file
93-24 a report with the Illinois State Police stating that the
94-25 prosecuting authority issued no notices of pending forfeiture
95-26 during the reporting period.
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106-1 (b) Each law enforcement agency, including a drug task
107-2 force or Metropolitan Enforcement Group (MEG) unit, that
108-3 receives proceeds from forfeitures subject to reporting under
109-4 this Act shall file an annual report with the Illinois State
110-5 Police no later than 60 days after December 31 of that year.
111-6 The format of the report shall be developed by the Illinois
112-7 State Police and shall be completed by the law enforcement
113-8 agency. The report shall include, at a minimum, an aggregate
114-9 summary of all seizures and forfeitures carried out by the
115-10 agency and their respective proceeds, the amount of funds and
116-11 other property distributed to the law enforcement agency by
117-12 the Illinois State Police, the amount of funds expended by the
118-13 law enforcement agency, and the category of expenditure,
119-14 including:
120-15 (1) crime, gang, or abuse prevention or intervention
121-16 programs;
122-17 (2) compensation or services for crime victims;
123-18 (3) investigation and litigation expenses, including
124-19 expenses for forensics, witness protection, informant
125-20 fees, and controlled purchases of contraband, auditing,
126-21 court reporting, expert witnesses, attorneys, court fees,
127-22 discovery, court reporters, printing, postage, filing,
128-23 outside counsel, and awards to opposing parties;
129-24 (4) salaries, overtime, and benefits, as permitted by
130-25 law;
131-26 (5) operating expenses, including, but not limited to,
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68+1 Illinois State Police, including:
69+2 (1) the name of the law enforcement agency that seized
70+3 the property or the name of the lead agency if a State
71+4 multijurisdictional task force seizes the property;
72+5 (2) the date of the seizure;
73+6 (3) the type of property seized, including a building,
74+7 vehicle, boat, cash, negotiable security, or firearm,
75+8 except reporting is not required for seizures of
76+9 contraband including alcohol, gambling devices, drug
77+10 paraphernalia, and controlled substances;
78+11 (4) a description of the property seized and the
79+12 estimated value of the property and if the property is a
80+13 conveyance, the description shall include the make, model,
81+14 year, and vehicle identification number or serial number;
82+15 and
83+16 (5) the specific location where the seizure occurred
84+17 as indicated on the police report, such as a mile marker,
85+18 closest intersection, or address; .
86+19 (6) the accused person's race, sex, age, and
87+20 residential zip code as self-reported to law enforcement;
88+21 and
89+22 (7) a citation to the statutory authorities under
90+23 which the property was seized and the accused person was
91+24 arrested, if any.
92+25 The following information about each forfeiture of
93+26 property shall be collected from existing court records and
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142-1 the following: storage, maintenance, repair, and return of
143-2 seized property; , capital expenditures, including
144-3 expenditures for vehicles, firearms, equipment, computers,
145-4 software, hardware, appliances, canines, and furniture, ;
146-5 advanced surveillance technology, including, but not
147-6 limited to, international mobile subscriber identity
148-7 (IMSI) catchers; office supplies, postage, printing,
149-8 membership fees paid to trade associations; , and fees for
150-9 professional services, including auditing, court
151-10 reporting, expert witnesses, and attorneys;
152-11 (6) travel, meals, entertainment, conferences,
153-12 training, and continuing education seminars; and
154-13 (7) other expenditures of forfeiture proceeds.
155-14 If an agency did not receive proceeds from a forfeiture
156-15 subject to reporting under this Act during the reporting
157-16 period, it shall file a report with the Illinois State Police
158-17 stating that the agency received no forfeiture proceeds during
159-18 the reporting period.
160-19 (c) The Illinois State Police shall establish and maintain
161-20 on its official website a public searchable database that
162-21 includes annual aggregate data for each law enforcement agency
163-22 that reports in a machine-readable format each seizure and
164-23 forfeiture seizures of property under subsections (a) and
165-24 (a-1) subsection (a) of this Section, by each law enforcement
166-25 agency that receives distributions of forfeiture proceeds
167-26 subject to reporting under this Act, or reports expenditures
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104+1 reported to the Illinois State Police, including:
105+2 (1) the criminal case number, if any, and court in
106+3 which the case was filed;
107+4 (2) the outcome of the accused person's criminal case,
108+5 which specifies whether charges were filed or dropped and
109+6 whether the accused was acquitted, entered a plea
110+7 agreement, or was convicted;
111+8 (3) the forfeiture case number and the court or venue
112+9 in which the case was filed;
113+10 (4) whether any of the following claims were filed by
114+11 a property owner or other interested party, including:
115+12 (A) any claim contesting the forfeiture of the
116+13 property, including, but not limited to, a notice of
117+14 appearance, answer asserting a claim for the property,
118+15 or verified claim in a nonjudicial forfeiture
119+16 proceeding;
120+17 (B) a motion for an innocent owner hearing or
121+18 other filings asserting innocent owner status;
122+19 (C) a substantial hardship motion or other filings
123+20 requesting temporary access to the property for the
124+21 duration of the case; and
125+22 (D) a full or partial waiver of court fees;
126+23 (5) the outcome of the forfeiture action, including
127+24 any innocent owner motion, substantial hardship motion,
128+25 default judgment, judgment after a contested hearing;
129+26 settlement, or other outcome; and
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178-1 under subsection (b) of this Section. This aggregate data
179-2 shall include, for each law enforcement agency:
180-3 The database shall not provide names, addresses, phone
181-4 numbers, or other personally identifying information of owners
182-5 or interest holders, persons, business entities, covert office
183-6 locations, or business entities involved in the forfeiture
184-7 action and shall not disclose the vehicle identification
185-8 number or serial number of any conveyance.
186-9 (c-5) The Illinois State Police shall post annually on its
187-10 website aggregate data for each law enforcement agency
188-11 required to report under this Section. This annual aggregate
189-12 data shall include the following information for each law
190-13 enforcement agency or, if applicable, a null report:
191-14 (1) the total number of asset seizures reported by
192-15 each law enforcement agency during the calendar year;
193-16 (2) the monetary value of all currency or its
194-17 equivalent seized by the law enforcement agency during the
195-18 calendar year;
196-19 (3) the number of conveyances seized by the law
197-20 enforcement agency during the calendar year, and the
198-21 aggregate estimated value;
199-22 (4) the aggregate estimated value of all other
200-23 property seized by the law enforcement agency during the
201-24 calendar year;
202-25 (5) the monetary value of distributions by the
203-26 Illinois State Police of forfeited currency or auction
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140+1 (6) the date the final forfeiture order was entered.
141+2 The filing requirement shall be met upon filing Illinois
142+3 State Police Notice/Inventory of Seized Property (Form 4-64)
143+4 as amended, supplemented, or replaced to allow for the
144+5 reporting of elements required in this Section, with the
145+6 State's Attorney's Office in the county where the forfeiture
146+7 action is being commenced or with the Attorney General's
147+8 Office if the forfeiture action is being commenced by that
148+9 office, and the forwarding of said forms Form 4-64 upon
149+10 approval of the State's Attorney's Office or the Attorney
150+11 General's Office to the Illinois State Police Asset Forfeiture
151+12 Section. With regard to seizures for which Form 4-64 is not
152+13 required to be filed, the filing requirement shall be met by
153+14 the filing of an annual summary report with the Illinois State
154+15 Police no later than 60 days after December 31 of that year.
155+16 (b) Each law enforcement agency, including a drug task
156+17 force or Metropolitan Enforcement Group (MEG) unit, that
157+18 receives proceeds from forfeitures subject to reporting under
158+19 this Act shall file an annual report with the Illinois State
159+20 Police no later than 60 days after December 31 of that year. If
160+21 an agency did not seize, forfeit, receive, or spend forfeiture
161+22 funds during the reporting period, it shall file a null report
162+23 with the Illinois State Police. The format of the report shall
163+24 be developed by the Illinois State Police and shall be
164+25 completed by the law enforcement agency. The report shall
165+26 include, at a minimum, an aggregate summary of all seizures
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214-1 proceeds from forfeited property to the law enforcement
215-2 agency during the calendar year; and
216-3 (6) the total amount of the law enforcement agency's
217-4 expenditures of forfeiture proceeds during the calendar
218-5 year, categorized as provided under subsection (b) of this
219-6 Section.
220-7 The database shall not provide names, addresses, phone
221-8 numbers, or other personally identifying information of owners
222-9 or interest holders, persons, business entities, covert office
223-10 locations, or business entities involved in the forfeiture
224-11 action and shall not disclose the vehicle identification
225-12 number or serial number of any conveyance.
226-13 (c-10) The Illinois State Police shall, 120 days after the
227-14 end of each calendar year, submit to the General Assembly,
228-15 Attorney General, and Governor a written report that
229-16 summarizes activity in the State for the preceding year and
230-17 includes aggregate data on the type, approximate value, and
231-18 disposition of the property seized and the amount of proceeds
232-19 received and expended at the State and local levels. The
233-20 report shall provide a categorized aggregated accounting of
234-21 all proceeds expended, by agency, and summary data on
235-22 seizures, forfeitures, and expenditures of forfeiture
236-23 proceeds. The Illinois State Police shall post the aggregate
237-24 report on its website.
238-25 (c-15) The Illinois State Police may include in its
239-26 aggregate report recommendations to improve statutes, rules,
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176+1 and forfeitures carried out by the agency and their respective
177+2 proceeds, the amount of funds and other property distributed
178+3 to the law enforcement agency by the Illinois State Police,
179+4 the amount of funds expended by the law enforcement agency,
180+5 and the category of expenditure, including:
181+6 (1) crime, gang, or abuse prevention or intervention
182+7 programs;
183+8 (2) compensation or services for crime victims;
184+9 (3) investigation and litigation expenses, including
185+10 expenses for forensics, witness protection, informant
186+11 fees, and controlled purchases of contraband, auditing,
187+12 court reporting, expert witnesses, attorneys, court fees,
188+13 discovery, court reporters, printing, postage, filing,
189+14 outside counsel, and awards to opposing parties;
190+15 (4) salaries, overtime, and benefits, as permitted by
191+16 law;
192+17 (5) operating expenses, including but not limited to,
193+18 capital expenditures, including expenditures for vehicles,
194+19 firearms, equipment, computers, software, hardware,
195+20 appliances, canines, furniture, advanced surveillance
196+21 technology, including, but not limited to, IMSI catchers
197+22 office supplies, postage, printing, membership fees paid
198+23 to trade associations, and fees for professional services
199+24 including auditing, court reporting, expert witnesses, and
200+25 attorneys;
201+26 (6) travel, meals, entertainment, conferences,
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250-1 and policies to better ensure that seizures, forfeitures, and
251-2 expenditures are conducted and reported in a manner that is
252-3 fair to crime victims, innocent property owners, secured
253-4 interest holders, law enforcement officials, citizens, and
254-5 taxpayers.
255-6 (d) The Illinois State Police shall adopt rules to
256-7 administer the asset forfeiture program, including the
257-8 categories of authorized expenditures consistent with the
258-9 statutory guidelines for each of the included forfeiture
259-10 statutes, the use of forfeited funds, other expenditure
260-11 requirements, and the reporting of seizure and forfeiture
261-12 information. The Illinois State Police shall update or replace
262-13 forms, establish processes, and assign to the appropriate
263-14 seizing, forfeiting, and receiving agencies responsibility for
264-15 reporting the information as set forth in this Section. The
265-16 Illinois State Police may adopt rules necessary to implement
266-17 this Act through the use of emergency rulemaking under Section
267-18 5-45 of the Illinois Administrative Procedure Act for a period
268-19 not to exceed 180 days after the effective date of this Act.
269-20 (e) The Illinois State Police shall have authority and
270-21 oversight over all law enforcement agencies receiving
271-22 forfeited funds from the Illinois State Police. This authority
272-23 shall include enforcement of rules and regulations adopted by
273-24 the Illinois State Police and sanctions for violations of any
274-25 rules and regulations, including the withholding of
275-26 distributions of forfeiture proceeds from the law enforcement
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212+1 training, and continuing education seminars; and
213+2 (7) operating expenses related to seized property,
214+3 including expenses for the storage, maintenance, repair,
215+4 and return of seized property;
216+5 (8) administrative expenses, including expenses for
217+6 office supplies, postage, printing, utilities, and repairs
218+7 and maintenance of official vehicles and other equipment;
219+8 and
220+9 (9) (7) other expenditures of forfeiture proceeds.
221+10 (c) The Illinois State Police shall establish and maintain
222+11 on its official website a public case tracking system and
223+12 searchable database that includes annual aggregate data for
224+13 each law enforcement agency that reports each seizure and
225+14 forfeiture seizures of property in a machine-readable format
226+15 under subsection (a) of this Section, by each law enforcement
227+16 agency that receives distributions of forfeiture proceeds
228+17 subject to reporting under this Act, or reports expenditures
229+18 under subsection (b) of this Section. This aggregate data
230+19 shall include, for each law enforcement agency:
231+20 (d) The Illinois State Police shall post annually on its
232+21 website aggregate data for each law enforcement agency
233+22 required to report under this Section. This annual aggregate
234+23 data shall include the following information for each law
235+24 enforcement agency or, if applicable, a null report:
236+25 (1) the total number of asset seizures reported by
237+26 each law enforcement agency during the calendar year;
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286-1 agency in violation.
287-2 (f) Upon application by a law enforcement agency to the
288-3 Illinois State Police, the reporting of a particular asset
289-4 forfeited under this Section may be delayed if the asset in
290-5 question was seized from a person who has become a
291-6 confidential informant under the agency's confidential
292-7 informant policy, or if the asset was seized as part of an
293-8 ongoing investigation. This delayed reporting shall be granted
294-9 by the Illinois State Police for a maximum period of 6 months
295-10 if the confidential informant is still providing cooperation
296-11 to law enforcement or the investigation is still ongoing,
297-12 after which the asset shall be reported as required under this
298-13 Act.
299-14 (g) The Illinois State Police shall, on or before July 1,
300-15 2026 January 1, 2019, establish and implement the requirements
301-16 of this Act.
302-17 (h)(1) The Illinois State Police, in consultation with and
303-18 subject to the approval of the Chief Procurement Officer, may
304-19 procure a single contract or multiple contracts to implement
305-20 this Act.
306-21 (2) A contract or contracts under this subsection (h) are
307-22 not subject to the Illinois Procurement Code, except for
308-23 Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
309-24 that Code, provided that the Chief Procurement Officer may, in
310-25 writing with justification, waive any certification required
311-26 under Article 50 of the Illinois Procurement Code. The
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248+1 (2) the monetary value of all currency or its
249+2 equivalent seized by the law enforcement agency during the
250+3 calendar year;
251+4 (3) the number of conveyances seized by the law
252+5 enforcement agency during the calendar year, and the
253+6 aggregate estimated value;
254+7 (4) the aggregate estimated value of all other
255+8 property seized by the law enforcement agency during the
256+9 calendar year;
257+10 (5) the monetary value of distributions by the
258+11 Illinois State Police of forfeited currency or auction
259+12 proceeds from forfeited property to the law enforcement
260+13 agency during the calendar year; and
261+14 (6) the total amount of the seizing law enforcement
262+15 agency's expenditures of forfeiture proceeds during the
263+16 calendar year, categorized as provided under subsection
264+17 (b) of this Section.
265+18 The database shall not provide names, addresses, phone
266+19 numbers, or other personally identifying information of owners
267+20 or interest holders, persons, business entities, covert office
268+21 locations, or business entities involved in the forfeiture
269+22 action and shall not disclose the vehicle identification
270+23 number or serial number of any conveyance.
271+24 (e) The Illinois State Police shall, 120 days after the
272+25 end of each calendar year, submit to the General Assembly,
273+26 Attorney General, and Governor a written report that
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322-1 provisions of this paragraph (2), other than this sentence,
323-2 are inoperative on and after July 1, 2026 2019.
324-3 (Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)
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284+1 summarizes activity in the State for the preceding year and
285+2 includes the type, approximate value, and disposition of the
286+3 property seized and the amount of proceeds received and
287+4 expended at the State and local levels. The report shall
288+5 provide a categorized accounting of all proceeds expended. It
289+6 shall disaggregate, by agency, summary data on seizures,
290+7 forfeitures, and expenditures of forfeiture proceeds. The
291+8 Illinois State Police shall post the aggregate report on its
292+9 website.
293+10 (f) The Illinois State Police may include in its aggregate
294+11 report recommendations to improve statutes, rules, and
295+12 policies to better ensure that seizures, forfeitures, and
296+13 expenditures are conducted and reported in a manner that is
297+14 fair to crime victims, innocent property owners, secured
298+15 interest holders, law enforcement officials, citizens, and
299+16 taxpayers.
300+17 (g) (d) The Illinois State Police shall adopt rules to
301+18 administer the asset forfeiture program, including the
302+19 categories of authorized expenditures consistent with the
303+20 statutory guidelines for each of the included forfeiture
304+21 statutes, the use of forfeited funds, other expenditure
305+22 requirements, and the reporting of seizure and forfeiture
306+23 information. The Illinois State Police may adopt rules
307+24 necessary to implement this Act through the use of emergency
308+25 rulemaking under Section 5-45 of the Illinois Administrative
309+26 Procedure Act for a period not to exceed 180 days after the
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320+1 effective date of this Act.
321+2 (h) (e) The Illinois State Police shall have authority and
322+3 oversight over all law enforcement agencies receiving
323+4 forfeited funds from the Illinois State Police. This authority
324+5 shall include enforcement of rules and regulations adopted by
325+6 the Illinois State Police and sanctions for violations of any
326+7 rules and regulations, including the withholding of
327+8 distributions of forfeiture proceeds from the law enforcement
328+9 agency in violation.
329+10 (i) (f) Upon application by a law enforcement agency to
330+11 the Illinois State Police, the reporting of a particular asset
331+12 forfeited under this Section may be delayed if the asset in
332+13 question was seized from a person who has become a
333+14 confidential informant under the agency's confidential
334+15 informant policy, or if the asset was seized as part of an
335+16 ongoing investigation. This delayed reporting shall be granted
336+17 by the Illinois State Police for a maximum period of 6 months
337+18 if the confidential informant is still providing cooperation
338+19 to law enforcement or the investigation is still ongoing,
339+20 after which the asset shall be reported as required under this
340+21 Act.
341+22 (j) (g) The Illinois State Police shall, on or before
342+23 January 1, 2026 2019, establish and implement the requirements
343+24 of this Act.
344+25 (k) (h)(1) The Illinois State Police, in consultation with
345+26 and subject to the approval of the Chief Procurement Officer,
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