Bill Text: IL HB0909 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the general purposes of the Code.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Passed) 2012-01-13 - Public Act . . . . . . . . . 97-0657 [HB0909 Detail]

Download: Illinois-2011-HB0909-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Corruption Profit Forfeiture Act is
amended by changing Section 10 as follows:
(5 ILCS 283/10)
Sec. 10. Penalties.
(a) A person who is convicted of a violation of any of the
following Sections, subsections, and clauses of the Criminal
Code of 1961:
(1) clause (a)(6) of Section 12-6 (intimidation by a
public official),
(2) Section 33-1 (bribery), or
(3) subsection (a) of Section 33E-7 (kickbacks), or
(4) Section 33C-4 or subsection (d) of Section 17-10.3
(fraudulently obtaining public moneys reserved for
disadvantaged business enterprises),
shall forfeit to the State of Illinois:
(A) any profits or proceeds and any property or
property interest he or she has acquired or maintained in
violation of any of the offenses listed in clauses (1)
through (4) (3) of this subsection (a) that the court
determines, after a forfeiture hearing under subsection

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(b) of this Section, to have been acquired or maintained as
a result of violating any of the offenses listed in clauses
(1) through (4) (3) of this subsection (a); and
(B) any interest in, security of, claim against, or
property or contractual right of any kind affording a
source of influence over, any enterprise which he or she
has established, operated, controlled, conducted, or
participated in the conduct of, in violation of any of the
offenses listed in clauses (1) through (4) (3) of this
subsection (a) that the court determines, after a
forfeiture hearing under subsection (b) of this Section, to
have been acquired or maintained as a result of violating
any of the offenses listed in clauses (1) through (4) (3)
of this subsection (a) or used to facilitate a violation of
one of the offenses listed in clauses (1) through (4) (3)
of this subsection (a).
(b) The court shall, upon petition by the Attorney General
or State's Attorney, at any time after the filing of an
information or return of an indictment, conduct a hearing to
determine whether any property or property interest is subject
to forfeiture under this Act. At the forfeiture hearing the
people shall have the burden of establishing, by a
preponderance of the evidence, that property or property
interests are subject to forfeiture under this Act. There is a
rebuttable presumption at such hearing that any property or
property interest of a person charged by information or

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indictment with a violation of any of the offenses listed in
clauses (1) through (4) (3) of subsection (a) of this Section
or who is convicted of a violation of any of the offenses
listed in clauses (1) through (4) (3) of subsection (a) of this
Section is subject to forfeiture under this Section if the
State establishes by a preponderance of the evidence that:
(1) such property or property interest was acquired by
such person during the period of the violation of any of
the offenses listed in clauses (1) through (4) (3) of
subsection (a) of this Section or within a reasonable time
after such period; and
(2) there was no likely source for such property or
property interest other than the violation of any of the
offenses listed in clauses (1) through (4) (3) of
subsection (a) of this Section.
(c) In an action brought by the People of the State of
Illinois under this Act, wherein any restraining order,
injunction or prohibition or any other action in connection
with any property or property interest subject to forfeiture
under this Act is sought, the circuit court which shall preside
over the trial of the person or persons charged with any of the
offenses listed in clauses (1) through (4) (3) of subsection
(a) of this Section shall first determine whether there is
probable cause to believe that the person or persons so charged
have committed a violation of any of the offenses listed in
clauses (1) through (4) (3) of subsection (a) of this Section

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and whether the property or property interest is subject to
forfeiture pursuant to this Act.
In order to make such a determination, prior to entering
any such order, the court shall conduct a hearing without a
jury, wherein the People shall establish that there is: (i)
probable cause that the person or persons so charged have
committed one of the offenses listed in clauses (1) through (4)
(3) of subsection (a) of this Section and (ii) probable cause
that any property or property interest may be subject to
forfeiture pursuant to this Act. Such hearing may be conducted
simultaneously with a preliminary hearing, if the prosecution
is commenced by information or complaint, or by motion of the
People, at any stage in the proceedings. The court may accept a
finding of probable cause at a preliminary hearing following
the filing of a charge for violating one of the offenses listed
in clauses (1) through (4) (3) of subsection (a) of this
Section or the return of an indictment by a grand jury charging
one of the offenses listed in clauses (1) through (4) (3) of
subsection (a) of this Section as sufficient evidence of
probable cause as provided in item (i) above.
Upon such a finding, the circuit court shall enter such
restraining order, injunction or prohibition, or shall take
such other action in connection with any such property or
property interest subject to forfeiture under this Act, as is
necessary to insure that such property is not removed from the
jurisdiction of the court, concealed, destroyed or otherwise

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disposed of by the owner of that property or property interest
prior to a forfeiture hearing under subsection (b) of this
Section. The Attorney General or State's Attorney shall file a
certified copy of such restraining order, injunction or other
prohibition with the recorder of deeds or registrar of titles
of each county where any such property of the defendant may be
located. No such injunction, restraining order or other
prohibition shall affect the rights of any bona fide purchaser,
mortgagee, judgment creditor or other lien holder arising prior
to the date of such filing.
The court may, at any time, upon verified petition by the
defendant, conduct a hearing to release all or portions of any
such property or interest which the court previously determined
to be subject to forfeiture or subject to any restraining
order, injunction, or prohibition or other action. The court
may release such property to the defendant for good cause shown
and within the sound discretion of the court.
(d) Prosecution under this Act may be commenced by the
Attorney General or a State's Attorney.
(e) Upon an order of forfeiture being entered pursuant to
subsection (b) of this Section, the court shall authorize the
Attorney General to seize any property or property interest
declared forfeited under this Act and under such terms and
conditions as the court shall deem proper. Any property or
property interest that has been the subject of an entered
restraining order, injunction or prohibition or any other

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action filed under subsection (c) shall be forfeited unless the
claimant can show by a preponderance of the evidence that the
property or property interest has not been acquired or
maintained as a result of a violation of any of the offenses
listed in clauses (1) through (4) (3) of subsection (a) of this
Section or has not been used to facilitate a violation of any
of the offenses listed in clauses (1) through (4) (3) of
subsection (a) of this Section.
(f) The Attorney General or his or her designee is
authorized to sell all property forfeited and seized pursuant
to this Act, unless such property is required by law to be
destroyed or is harmful to the public, and, after the deduction
of all requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any moneys
forfeited or seized, in accordance with subsection (g).
(g) All monies and the sale proceeds of all other property
forfeited and seized pursuant to this Act shall be distributed
as follows:
(1) An amount equal to 50% shall be distributed to the
unit of local government or other law enforcement agency
whose officers or employees conducted the investigation
into a violation of any of the offenses listed in clauses
(1) through (4) (3) of subsection (a) of this Section and
caused the arrest or arrests and prosecution leading to the
forfeiture. Amounts distributed to units of local
government and law enforcement agencies shall be used for

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enforcement of laws governing public corruption, or for
other law enforcement purposes. In the event, however, that
the investigation, arrest or arrests and prosecution
leading to the forfeiture were undertaken solely by a State
agency, the portion provided hereunder shall be paid into
the State Asset Forfeiture Fund in the State treasury to be
used by that State agency in accordance with law. If the
investigation, arrest or arrests and prosecution leading
to the forfeiture were undertaken by the Attorney General,
the portion provided hereunder shall be paid into the
Attorney General's Whistleblower Reward and Protection
Fund in the State treasury to be used by the Attorney
General in accordance with law.
(2) An amount equal to 12.5% shall be distributed to
the county in which the prosecution resulting in the
forfeiture was instituted, deposited in a special fund in
the county treasury and appropriated to the State's
Attorney for use in accordance with law. If the prosecution
was conducted by the Attorney General, then the amount
provided under this subsection shall be paid into the
Attorney General's Whistleblower Reward and Protection
Fund in the State treasury to be used by the Attorney
General in accordance with law.
(3) An amount equal to 12.5% shall be distributed to
the Office of the State's Attorneys Appellate Prosecutor
and deposited in the State's Attorneys Appellate

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Prosecutor Anti-Corruption Fund, to be used by the Office
of the State's Attorneys Appellate Prosecutor for
additional expenses incurred in prosecuting appeals
arising under this Act. Any amounts remaining in the Fund
after all additional expenses have been paid shall be used
by the Office to reduce the participating county
contributions to the Office on a prorated basis as
determined by the board of governors of the Office of the
State's Attorneys Appellate Prosecutor based on the
populations of the participating counties. If the appeal is
to be conducted by the Attorney General, then the amount
provided under this subsection shall be paid into the
Attorney General's Whistleblower Reward and Protection
Fund in the State treasury to be used by the Attorney
General in accordance with law.
(4) An amount equal to 25% shall be paid into the State
Asset Forfeiture Fund in the State treasury to be used by
the Department of State Police for the funding of the
investigation of public corruption activities. Any amounts
remaining in the Fund after full funding of such
investigations shall be used by the Department in
accordance with law to fund its other enforcement
activities.
(h) All moneys deposited pursuant to this Act in the State
Asset Forfeiture Fund shall, subject to appropriation, be used
by the Department of State Police in the manner set forth in

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this Section. All moneys deposited pursuant to this Act in the
Attorney General's Whistleblower Reward and Protection Fund
shall, subject to appropriation, be used by the Attorney
General for State law enforcement purposes and for the
performance of the duties of that office. All moneys deposited
pursuant to this Act in the State's Attorneys Appellate
Prosecutor Anti-Corruption Fund shall, subject to
appropriation, be used by the Office of the State's Attorneys
Appellate Prosecutor in the manner set forth in this Section.
(Source: P.A. 96-1019, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.