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
 
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1    AN ACT concerning government.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Seizure and Forfeiture Reporting Act is 
5amended by changing Section 10 as follows:

6    (5 ILCS 810/10)
7    Sec. 10. Reporting by law enforcement agency.     
8    (a) Each law enforcement agency that seizes, forfeits, or 
9receives property subject to reporting under this Act shall 
10report the following information about each seizure and 
11forfeiture of property seized or forfeited under State law to 
12the Illinois State Police no later than 60 days after December 
1331 of the year in which the property is seized or forfeited. If 
14a law enforcement agency does not seize, forfeit, or receive 
15forfeiture funds during a reporting period, it shall file a 
16null report for the reporting period with the Illinois State 
17Police. The Illinois State Police shall update or replace 
18forms, establish processes, and assign to the appropriate 
19seizing, forfeiting, and receiving agencies responsibility for 
20reporting the following information. :    
21    The following information about each seizure of property 
22shall be collected from existing law enforcement records about 
23that seizure, such as police reports, and reported to the 
 
 
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1Illinois State Police, including:    
2        (1) the name of the law enforcement agency that seized 
3 the property or the name of the lead agency if a State 
4 multijurisdictional task force seizes the property; 
5        (2) the date of the seizure; 
6        (3) the type of property seized, including a building, 
7 vehicle, boat, cash, negotiable security, or firearm, 
8 except reporting is not required for seizures of 
9 contraband including alcohol, gambling devices, drug 
10 paraphernalia, and controlled substances; 
11        (4) a description of the property seized and the 
12 estimated value of the property and if the property is a 
13 conveyance, the description shall include the make, model, 
14 year, and vehicle identification number or serial number; 
15 and    
16        (5) the specific location where the seizure occurred 
17 as indicated on the police report, such as a mile marker, 
18 closest intersection, or address; .    
19        (6) the accused person's race, sex, age, and 
20 residential zip code as self-reported to law enforcement; 
21 and    
22        (7) a citation to the statutory authorities under 
23 which the property was seized and the accused person was 
24 arrested, if any.
25    The following information about each forfeiture of 
26property shall be collected from existing court records and 
 
 
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1reported to the Illinois State Police, including:    
2        (1) the criminal case number, if any, and court in 
3 which the case was filed;    
4        (2) the outcome of the accused person's criminal case, 
5 which specifies whether charges were filed or dropped and 
6 whether the accused was acquitted, entered a plea 
7 agreement, or was convicted;
8        (3) the forfeiture case number and the court or venue 
9 in which the case was filed;
10        (4) whether any of the following claims were filed by 
11 a property owner or other interested party, including:    
12            (A) any claim contesting the forfeiture of the 
13 property, including, but not limited to, a notice of 
14 appearance, answer asserting a claim for the property, 
15 or verified claim in a nonjudicial forfeiture 
16 proceeding;
17            (B) a motion for an innocent owner hearing or 
18 other filings asserting innocent owner status;
19            (C) a substantial hardship motion or other filings 
20 requesting temporary access to the property for the 
21 duration of the case; and
22            (D) a full or partial waiver of court fees;
23        (5) the outcome of the forfeiture action, including 
24 any innocent owner motion, substantial hardship motion, 
25 default judgment, judgment after a contested hearing; 
26 settlement, or other outcome; and
 
 
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1        (6) the date the final forfeiture order was entered.
2    The filing requirement shall be met upon filing Illinois 
3State Police Notice/Inventory of Seized Property (Form 4-64) 
4as amended, supplemented, or replaced to allow for the 
5reporting of elements required in this Section, with the 
6State's Attorney's Office in the county where the forfeiture 
7action is being commenced or with the Attorney General's 
8Office if the forfeiture action is being commenced by that 
9office, and the forwarding of said forms Form 4-64 upon 
10approval of the State's Attorney's Office or the Attorney 
11General's Office to the Illinois State Police Asset Forfeiture 
12Section. With regard to seizures for which Form 4-64 is not 
13required to be filed, the filing requirement shall be met by 
14the filing of an annual summary report with the Illinois State 
15Police no later than 60 days after December 31 of that year.
16    (b) Each law enforcement agency, including a drug task 
17force or Metropolitan Enforcement Group (MEG) unit, that 
18receives proceeds from forfeitures subject to reporting under 
19this Act shall file an annual report with the Illinois State 
20Police no later than 60 days after December 31 of that year. If 
21an agency did not seize, forfeit, receive, or spend forfeiture 
22funds during the reporting period, it shall file a null report 
23with the Illinois State Police. The format of the report shall 
24be developed by the Illinois State Police and shall be 
25completed by the law enforcement agency. The report shall 
26include, at a minimum, an aggregate summary of all seizures 
 
 
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1and forfeitures carried out by the agency and their respective 
2proceeds, the amount of funds and other property distributed 
3to the law enforcement agency by the Illinois State Police, 
4the amount of funds expended by the law enforcement agency, 
5and the category of expenditure, including: 
6        (1) crime, gang, or abuse prevention or intervention 
7 programs; 
8        (2) compensation or services for crime victims; 
9        (3) investigation and litigation expenses, including 
10 expenses for forensics, witness protection, informant 
11 fees, and controlled purchases of contraband, auditing, 
12 court reporting, expert witnesses, attorneys, court fees, 
13 discovery, court reporters, printing, postage, filing, 
14 outside counsel, and awards to opposing parties; 
15        (4) salaries, overtime, and benefits, as permitted by 
16 law; 
17        (5) operating expenses, including but not limited to,    
18 capital expenditures, including expenditures for vehicles, 
19 firearms, equipment, computers, software, hardware, 
20 appliances, canines, furniture, advanced surveillance 
21 technology, including, but not limited to, IMSI catchers    
22 office supplies, postage, printing, membership fees paid 
23 to trade associations, and fees for professional services 
24 including auditing, court reporting, expert witnesses, and 
25 attorneys; 
26        (6) travel, meals, entertainment, conferences, 
 
 
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1 training, and continuing education seminars; and
2        (7) operating expenses related to seized property, 
3 including expenses for the storage, maintenance, repair, 
4 and return of seized property;
5        (8) administrative expenses, including expenses for 
6 office supplies, postage, printing, utilities, and repairs 
7 and maintenance of official vehicles and other equipment; 
8 and    
9        (9) (7) other expenditures of forfeiture proceeds. 
10    (c) The Illinois State Police shall establish and maintain 
11on its official website a public case tracking system and 
12searchable database that includes annual aggregate data for 
13each law enforcement agency that reports each seizure and 
14forfeiture seizures of property in a machine-readable format    
15under subsection (a) of this Section, by each law enforcement 
16agency that receives distributions of forfeiture proceeds 
17subject to reporting under this Act, or reports expenditures 
18under subsection (b) of this Section. This aggregate data 
19shall include, for each law enforcement agency:    
20    (d) The Illinois State Police shall post annually on its 
21website aggregate data for each law enforcement agency 
22required to report under this Section. This annual aggregate 
23data shall include the following information for each law 
24enforcement agency or, if applicable, a null report:    
25        (1) the total number of asset seizures reported by 
26 each law enforcement agency during the calendar year;
 
 
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1        (2) the monetary value of all currency or its 
2 equivalent seized by the law enforcement agency during the 
3 calendar year;
4        (3) the number of conveyances seized by the law 
5 enforcement agency during the calendar year, and the 
6 aggregate estimated value;
7        (4) the aggregate estimated value of all other 
8 property seized by the law enforcement agency during the 
9 calendar year;
10        (5) the monetary value of distributions by the 
11 Illinois State Police of forfeited currency or auction 
12 proceeds from forfeited property to the law enforcement 
13 agency during the calendar year; and
14        (6) the total amount of the seizing law enforcement 
15 agency's expenditures of forfeiture proceeds during the 
16 calendar year, categorized as provided under subsection 
17 (b) of this Section. 
18    The database shall not provide names, addresses, phone 
19numbers, or other personally identifying information of owners 
20or interest holders, persons, business entities, covert office 
21locations, or business entities involved in the forfeiture 
22action and shall not disclose the vehicle identification 
23number or serial number of any conveyance. 
24    (e) The Illinois State Police shall, 120 days after the 
25end of each calendar year, submit to the General Assembly, 
26Attorney General, and Governor a written report that 
 
 
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1summarizes activity in the State for the preceding year and 
2includes the type, approximate value, and disposition of the 
3property seized and the amount of proceeds received and 
4expended at the State and local levels. The report shall 
5provide a categorized accounting of all proceeds expended. It 
6shall disaggregate, by agency, summary data on seizures, 
7forfeitures, and expenditures of forfeiture proceeds. The 
8Illinois State Police shall post the aggregate report on its 
9website.    
10    (f) The Illinois State Police may include in its aggregate 
11report recommendations to improve statutes, rules, and 
12policies to better ensure that seizures, forfeitures, and 
13expenditures are conducted and reported in a manner that is 
14fair to crime victims, innocent property owners, secured 
15interest holders, law enforcement officials, citizens, and 
16taxpayers.    
17    (g) (d) The Illinois State Police shall adopt rules to 
18administer the asset forfeiture program, including the 
19categories of authorized expenditures consistent with the 
20statutory guidelines for each of the included forfeiture 
21statutes, the use of forfeited funds, other expenditure 
22requirements, and the reporting of seizure and forfeiture 
23information. The Illinois State Police may adopt rules 
24necessary to implement this Act through the use of emergency 
25rulemaking under Section 5-45 of the Illinois Administrative 
26Procedure Act for a period not to exceed 180 days after the 
 
 
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1effective date of this Act. 
2    (h) (e) The Illinois State Police shall have authority and 
3oversight over all law enforcement agencies receiving 
4forfeited funds from the Illinois State Police. This authority 
5shall include enforcement of rules and regulations adopted by 
6the Illinois State Police and sanctions for violations of any 
7rules and regulations, including the withholding of 
8distributions of forfeiture proceeds from the law enforcement 
9agency in violation. 
10    (i) (f) Upon application by a law enforcement agency to 
11the Illinois State Police, the reporting of a particular asset 
12forfeited under this Section may be delayed if the asset in 
13question was seized from a person who has become a 
14confidential informant under the agency's confidential 
15informant policy, or if the asset was seized as part of an 
16ongoing investigation. This delayed reporting shall be granted 
17by the Illinois State Police for a maximum period of 6 months 
18if the confidential informant is still providing cooperation 
19to law enforcement or the investigation is still ongoing, 
20after which the asset shall be reported as required under this 
21Act.
22    (j) (g) The Illinois State Police shall, on or before 
23January 1, 2026 2019, establish and implement the requirements 
24of this Act. 
25    (k) (h)(1) The Illinois State Police, in consultation with 
26and subject to the approval of the Chief Procurement Officer, 
 
 
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1may procure a single contract or multiple contracts to 
2implement this Act.
3    (2) A contract or contracts under this subsection (k) (h)    
4are not subject to the Illinois Procurement Code, except for 
5Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of 
6that Code, provided that the Chief Procurement Officer may, in 
7writing with justification, waive any certification required 
8under Article 50 of the Illinois Procurement Code. The 
9provisions of this paragraph (2), other than this sentence, 
10are inoperative on and after July 1, 2019. 
11(Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)