Bill Text: IL HB1628 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - Assigned to Judiciary - Criminal Committee [HB1628 Detail]

Download: Illinois-2025-HB1628-Introduced.html

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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.
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A BILL FOR
HB1628 LRB104 08982 BDA 19038 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Seizure and Forfeiture Reporting Act is
amended by changing Section 10 as follows:
(5 ILCS 810/10)
Sec. 10. Reporting by law enforcement agency.
(a) Each law enforcement agency that seizes, forfeits, or
receives property subject to reporting under this Act shall
report the following information about each seizure and
forfeiture of property seized or forfeited under State law to
the Illinois State Police no later than 60 days after December
31 of the year in which the property is seized or forfeited. If
a law enforcement agency does not seize, forfeit, or receive
forfeiture funds during a reporting period, it shall file a
null report for the reporting period with the Illinois State
Police. The Illinois State Police shall update or replace
forms, establish processes, and assign to the appropriate
seizing, forfeiting, and receiving agencies responsibility for
reporting the following information. :
The following information about each seizure of property
shall be collected from existing law enforcement records about
that seizure, such as police reports, and reported to the

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Illinois State Police, including:
(1) the name of the law enforcement agency that seized
the property or the name of the lead agency if a State
multijurisdictional task force seizes the property;
(2) the date of the seizure;
(3) the type of property seized, including a building,
vehicle, boat, cash, negotiable security, or firearm,
except reporting is not required for seizures of
contraband including alcohol, gambling devices, drug
paraphernalia, and controlled substances;
(4) a description of the property seized and the
estimated value of the property and if the property is a
conveyance, the description shall include the make, model,
year, and vehicle identification number or serial number;
and
(5) the specific location where the seizure occurred
as indicated on the police report, such as a mile marker,
closest intersection, or address; .
(6) the accused person's race, sex, age, and
residential zip code as self-reported to law enforcement;
and
(7) a citation to the statutory authorities under
which the property was seized and the accused person was
arrested, if any.
The following information about each forfeiture of
property shall be collected from existing court records and

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reported to the Illinois State Police, including:
(1) the criminal case number, if any, and court in
which the case was filed;
(2) the outcome of the accused person's criminal case,
which specifies whether charges were filed or dropped and
whether the accused was acquitted, entered a plea
agreement, or was convicted;
(3) the forfeiture case number and the court or venue
in which the case was filed;
(4) whether any of the following claims were filed by
a property owner or other interested party, including:
(A) any claim contesting the forfeiture of the
property, including, but not limited to, a notice of
appearance, answer asserting a claim for the property,
or verified claim in a nonjudicial forfeiture
proceeding;
(B) a motion for an innocent owner hearing or
other filings asserting innocent owner status;
(C) a substantial hardship motion or other filings
requesting temporary access to the property for the
duration of the case; and
(D) a full or partial waiver of court fees;
(5) the outcome of the forfeiture action, including
any innocent owner motion, substantial hardship motion,
default judgment, judgment after a contested hearing;
settlement, or other outcome; and

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(6) the date the final forfeiture order was entered.
The filing requirement shall be met upon filing Illinois
State Police Notice/Inventory of Seized Property (Form 4-64)
as amended, supplemented, or replaced to allow for the
reporting of elements required in this Section, with the
State's Attorney's Office in the county where the forfeiture
action is being commenced or with the Attorney General's
Office if the forfeiture action is being commenced by that
office, and the forwarding of said forms Form 4-64 upon
approval of the State's Attorney's Office or the Attorney
General's Office to the Illinois State Police Asset Forfeiture
Section. With regard to seizures for which Form 4-64 is not
required to be filed, the filing requirement shall be met by
the filing of an annual summary report with the Illinois State
Police no later than 60 days after December 31 of that year.
(b) Each law enforcement agency, including a drug task
force or Metropolitan Enforcement Group (MEG) unit, that
receives proceeds from forfeitures subject to reporting under
this Act shall file an annual report with the Illinois State
Police no later than 60 days after December 31 of that year. If
an agency did not seize, forfeit, receive, or spend forfeiture
funds during the reporting period, it shall file a null report
with the Illinois State Police. The format of the report shall
be developed by the Illinois State Police and shall be
completed by the law enforcement agency. The report shall
include, at a minimum, an aggregate summary of all seizures

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and forfeitures carried out by the agency and their respective
proceeds, the amount of funds and other property distributed
to the law enforcement agency by the Illinois State Police,
the amount of funds expended by the law enforcement agency,
and the category of expenditure, including:
(1) crime, gang, or abuse prevention or intervention
programs;
(2) compensation or services for crime victims;
(3) investigation and litigation expenses, including
expenses for forensics, witness protection, informant
fees, and controlled purchases of contraband, auditing,
court reporting, expert witnesses, attorneys, court fees,
discovery, court reporters, printing, postage, filing,
outside counsel, and awards to opposing parties;
(4) salaries, overtime, and benefits, as permitted by
law;
(5) operating expenses, including but not limited to,
capital expenditures, including expenditures for vehicles,
firearms, equipment, computers, software, hardware,
appliances, canines, furniture, advanced surveillance
technology, including, but not limited to, IMSI catchers
office supplies, postage, printing, membership fees paid
to trade associations, and fees for professional services
including auditing, court reporting, expert witnesses, and
attorneys;
(6) travel, meals, entertainment, conferences,

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training, and continuing education seminars; and
(7) operating expenses related to seized property,
including expenses for the storage, maintenance, repair,
and return of seized property;
(8) administrative expenses, including expenses for
office supplies, postage, printing, utilities, and repairs
and maintenance of official vehicles and other equipment;
and
(9) (7) other expenditures of forfeiture proceeds.
(c) The Illinois State Police shall establish and maintain
on its official website a public case tracking system and
searchable database that includes annual aggregate data for
each law enforcement agency that reports each seizure and
forfeiture seizures of property in a machine-readable format
under subsection (a) of this Section, by each law enforcement
agency that receives distributions of forfeiture proceeds
subject to reporting under this Act, or reports expenditures
under subsection (b) of this Section. This aggregate data
shall include, for each law enforcement agency:
(d) The Illinois State Police shall post annually on its
website aggregate data for each law enforcement agency
required to report under this Section. This annual aggregate
data shall include the following information for each law
enforcement agency or, if applicable, a null report:
(1) the total number of asset seizures reported by
each law enforcement agency during the calendar year;

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(2) the monetary value of all currency or its
equivalent seized by the law enforcement agency during the
calendar year;
(3) the number of conveyances seized by the law
enforcement agency during the calendar year, and the
aggregate estimated value;
(4) the aggregate estimated value of all other
property seized by the law enforcement agency during the
calendar year;
(5) the monetary value of distributions by the
Illinois State Police of forfeited currency or auction
proceeds from forfeited property to the law enforcement
agency during the calendar year; and
(6) the total amount of the seizing law enforcement
agency's expenditures of forfeiture proceeds during the
calendar year, categorized as provided under subsection
(b) of this Section.
The database shall not provide names, addresses, phone
numbers, or other personally identifying information of owners
or interest holders, persons, business entities, covert office
locations, or business entities involved in the forfeiture
action and shall not disclose the vehicle identification
number or serial number of any conveyance.
(e) The Illinois State Police shall, 120 days after the
end of each calendar year, submit to the General Assembly,
Attorney General, and Governor a written report that

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summarizes activity in the State for the preceding year and
includes the type, approximate value, and disposition of the
property seized and the amount of proceeds received and
expended at the State and local levels. The report shall
provide a categorized accounting of all proceeds expended. It
shall disaggregate, by agency, summary data on seizures,
forfeitures, and expenditures of forfeiture proceeds. The
Illinois State Police shall post the aggregate report on its
website.
(f) The Illinois State Police may include in its aggregate
report recommendations to improve statutes, rules, and
policies to better ensure that seizures, forfeitures, and
expenditures are conducted and reported in a manner that is
fair to crime victims, innocent property owners, secured
interest holders, law enforcement officials, citizens, and
taxpayers.
(g) (d) The Illinois State Police shall adopt rules to
administer the asset forfeiture program, including the
categories of authorized expenditures consistent with the
statutory guidelines for each of the included forfeiture
statutes, the use of forfeited funds, other expenditure
requirements, and the reporting of seizure and forfeiture
information. The Illinois State Police may adopt rules
necessary to implement this Act through the use of emergency
rulemaking under Section 5-45 of the Illinois Administrative
Procedure Act for a period not to exceed 180 days after the

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effective date of this Act.
(h) (e) The Illinois State Police shall have authority and
oversight over all law enforcement agencies receiving
forfeited funds from the Illinois State Police. This authority
shall include enforcement of rules and regulations adopted by
the Illinois State Police and sanctions for violations of any
rules and regulations, including the withholding of
distributions of forfeiture proceeds from the law enforcement
agency in violation.
(i) (f) Upon application by a law enforcement agency to
the Illinois State Police, the reporting of a particular asset
forfeited under this Section may be delayed if the asset in
question was seized from a person who has become a
confidential informant under the agency's confidential
informant policy, or if the asset was seized as part of an
ongoing investigation. This delayed reporting shall be granted
by the Illinois State Police for a maximum period of 6 months
if the confidential informant is still providing cooperation
to law enforcement or the investigation is still ongoing,
after which the asset shall be reported as required under this
Act.
(j) (g) The Illinois State Police shall, on or before
January 1, 2026 2019, establish and implement the requirements
of this Act.
(k) (h)(1) The Illinois State Police, in consultation with
and subject to the approval of the Chief Procurement Officer,

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may procure a single contract or multiple contracts to
implement this Act.
(2) A contract or contracts under this subsection (k) (h)
are not subject to the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
that Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required
under Article 50 of the Illinois Procurement Code. The
provisions of this paragraph (2), other than this sentence,
are inoperative on and after July 1, 2019.
(Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)