Bill Text: IL HB3074 | 2017-2018 | 100th General Assembly | Introduced

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

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Bill Title: Amends the Criminal Code of 2012, Code of Criminal Procedure of 1963, Drug Asset Forfeiture Act, and the Narcotics Profit Forfeiture Act. Provides in provisions pertaining to forfeiture proceedings that the court shall admit a signed statement by a person who is 65 years old or older to demonstrate that the conveyance or other property was used without his or her consent. Provides that a claimant may file a temporary restraining order against the person who used his or her property without his or her consent under the Code of Civil Procedure.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3074 Detail]

Download: Illinois-2017-HB3074-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3074 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
720 ILCS 5/28-5 from Ch. 38, par. 28-5
720 ILCS 5/29B-1 from Ch. 38, par. 29B-1
720 ILCS 5/36-2 from Ch. 38, par. 36-2
720 ILCS 5/47-15
725 ILCS 5/124B-160
725 ILCS 150/9 from Ch. 56 1/2, par. 1679
725 ILCS 175/5 from Ch. 56 1/2, par. 1655
Amends the Criminal Code of 2012, Code of Criminal Procedure of 1963, Drug Asset Forfeiture Act, and the Narcotics Profit Forfeiture Act. Provides in provisions pertaining to forfeiture proceedings that the court shall admit a signed statement by a person who is 65 years old or older to demonstrate that the conveyance or other property was used without his or her consent. Provides that a claimant may file a temporary restraining order against the person who used his or her property without his or her consent under the Code of Civil Procedure.
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A BILL FOR
HB3074 LRB100 10982 SLF 21220 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 28-5, 29B-1, 36-2, and 47-15 as follows:
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable
of lawful use or every device used unlawfully for gambling
shall be considered a "gambling device", and shall be subject
to seizure, confiscation and destruction by the Department of
State Police or by any municipal, or other local authority,
within whose jurisdiction the same may be found. As used in
this Section, a "gambling device" includes any slot machine,
and includes any machine or device constructed for the
reception of money or other thing of value and so constructed
as to return, or to cause someone to return, on chance to the
player thereof money, property or a right to receive money or
property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device
shall be forfeited or destroyed unless an individual with a
property interest in said device knows of the unlawful use of
the device.

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(b) Every gambling device shall be seized and forfeited to
the county wherein such seizure occurs. Any money or other
thing of value integrally related to acts of gambling shall be
seized and forfeited to the county wherein such seizure occurs.
(c) If, within 60 days after any seizure pursuant to
subparagraph (b) of this Section, a person having any property
interest in the seized property is charged with an offense, the
court which renders judgment upon such charge shall, within 30
days after such judgment, conduct a forfeiture hearing to
determine whether such property was a gambling device at the
time of seizure. Such hearing shall be commenced by a written
petition by the State, including material allegations of fact,
the name and address of every person determined by the State to
have any property interest in the seized property, a
representation that written notice of the date, time and place
of such hearing has been mailed to every such person by
certified mail at least 10 days before such date, and a request
for forfeiture. Every such person may appear as a party and
present evidence at such hearing. The quantum of proof required
shall be a preponderance of the evidence, and the burden of
proof shall be on the State. The court shall admit a signed
statement by a person who is 65 years old or older to
demonstrate that the conveyance or other property was used
without his or her consent. The claimant may file a temporary
restraining order against the person who allegedly used his or
her property without his or her consent under Section 11-101 of

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the Code of Civil Procedure. If the court determines that the
seized property was a gambling device at the time of seizure,
an order of forfeiture and disposition of the seized property
shall be entered: a gambling device shall be received by the
State's Attorney, who shall effect its destruction, except that
valuable parts thereof may be liquidated and the resultant
money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value
shall be received by the State's Attorney and, upon
liquidation, shall be deposited in the general fund of the
county wherein such seizure occurred. However, in the event
that a defendant raises the defense that the seized slot
machine is an antique slot machine described in subparagraph
(b) (7) of Section 28-1 of this Code and therefore he is exempt
from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise
altered until a final determination is made by the Court as to
whether it is such an antique slot machine. Upon a final
determination by the Court of this question in favor of the
defendant, such slot machine shall be immediately returned to
the defendant. Such order of forfeiture and disposition shall,
for the purposes of appeal, be a final order and judgment in a
civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this
Section is not followed by a charge pursuant to subparagraph
(c) of this Section, or if the prosecution of such charge is

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permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal (1) the State's
Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and
deposit in the general fund of the county of any seized money
or other things of value, or both, in the circuit court and (2)
any person having any property interest in such seized gambling
device, money or other thing of value may commence separate
civil proceedings in the manner provided by law.
(e) Any gambling device displayed for sale to a riverboat
gambling operation or used to train occupational licensees of a
riverboat gambling operation as authorized under the Riverboat
Gambling Act is exempt from seizure under this Section.
(f) Any gambling equipment, devices and supplies provided
by a licensed supplier in accordance with the Riverboat
Gambling Act which are removed from the riverboat for repair
are exempt from seizure under this Section.
(g) The following video gaming terminals are exempt from
seizure under this Section:
(1) Video gaming terminals for sale to a licensed
distributor or operator under the Video Gaming Act.
(2) Video gaming terminals used to train licensed
technicians or licensed terminal handlers.
(3) Video gaming terminals that are removed from a
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans

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establishment for repair.
(Source: P.A. 98-31, eff. 6-24-13.)
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering; forfeiture proceedings.
(a) A person commits the offense of money laundering:
(1) when, knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity, he or she conducts or attempts to
conduct such a financial transaction which in fact involves
criminally derived property:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) where he or she knows or reasonably should know
that the financial transaction is designed in whole or
in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(1.5) when he or she transports, transmits, or
transfers, or attempts to transport, transmit, or transfer
a monetary instrument:
(A) with the intent to promote the carrying on of

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the unlawful activity from which the criminally
derived property was obtained; or
(B) knowing, or having reason to know, that the
financial transaction is designed in whole or in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(2) when, with the intent to:
(A) promote the carrying on of a specified criminal
activity as defined in this Article; or
(B) conceal or disguise the nature, location,
source, ownership, or control of property believed to
be the proceeds of a specified criminal activity as
defined by subdivision (b)(6); or
(C) avoid a transaction reporting requirement
under State law,
he or she conducts or attempts to conduct a financial
transaction involving property he or she believes to be the
proceeds of specified criminal activity as defined by
subdivision (b)(6) or property used to conduct or
facilitate specified criminal activity as defined by
subdivision (b)(6).
(b) As used in this Section:
(0.5) "Knowing that the property involved in a

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financial transaction represents the proceeds of some form
of unlawful activity" means that the person knew the
property involved in the transaction represented proceeds
from some form, though not necessarily which form, of
activity that constitutes a felony under State, federal, or
foreign law.
(1) "Financial transaction" means a purchase, sale,
loan, pledge, gift, transfer, delivery or other
disposition utilizing criminally derived property, and
with respect to financial institutions, includes a
deposit, withdrawal, transfer between accounts, exchange
of currency, loan, extension of credit, purchase or sale of
any stock, bond, certificate of deposit or other monetary
instrument, use of safe deposit box, or any other payment,
transfer or delivery by, through, or to a financial
institution. For purposes of clause (a)(2) of this Section,
the term "financial transaction" also means a transaction
which without regard to whether the funds, monetary
instruments, or real or personal property involved in the
transaction are criminally derived, any transaction which
in any way or degree: (1) involves the movement of funds by
wire or any other means; (2) involves one or more monetary
instruments; or (3) the transfer of title to any real or
personal property. The receipt by an attorney of bona fide
fees for the purpose of legal representation is not a
financial transaction for purposes of this Section.

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(2) "Financial institution" means any bank; saving and
loan association; trust company; agency or branch of a
foreign bank in the United States; currency exchange;
credit union, mortgage banking institution; pawnbroker;
loan or finance company; operator of a credit card system;
issuer, redeemer or cashier of travelers checks, checks or
money orders; dealer in precious metals, stones or jewels;
broker or dealer in securities or commodities; investment
banker; or investment company.
(3) "Monetary instrument" means United States coins
and currency; coins and currency of a foreign country;
travelers checks; personal checks, bank checks, and money
orders; investment securities; bearer negotiable
instruments; bearer investment securities; or bearer
securities and certificates of stock in such form that
title thereto passes upon delivery.
(4) "Criminally derived property" means: (A) any
property, real or personal, constituting or derived from
proceeds obtained, directly or indirectly, from activity
that constitutes a felony under State, federal, or foreign
law; or (B) any property represented to be property
constituting or derived from proceeds obtained, directly
or indirectly, from activity that constitutes a felony
under State, federal, or foreign law.
(5) "Conduct" or "conducts" includes, in addition to
its ordinary meaning, initiating, concluding, or

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participating in initiating or concluding a transaction.
(6) "Specified criminal activity" means any violation
of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
of Article 29D of this Code.
(7) "Director" means the Director of State Police or
his or her designated agents.
(8) "Department" means the Department of State Police
of the State of Illinois or its successor agency.
(9) "Transaction reporting requirement under State
law" means any violation as defined under the Currency
Reporting Act.
(c) Sentence.
(1) Laundering of criminally derived property of a
value not exceeding $10,000 is a Class 3 felony;
(2) Laundering of criminally derived property of a
value exceeding $10,000 but not exceeding $100,000 is a
Class 2 felony;
(3) Laundering of criminally derived property of a
value exceeding $100,000 but not exceeding $500,000 is a
Class 1 felony;
(4) Money laundering in violation of subsection (a)(2)
of this Section is a Class X felony;
(5) Laundering of criminally derived property of a
value exceeding $500,000 is a Class 1 non-probationable
felony;
(6) In a prosecution under clause (a)(1.5)(B)(ii) of

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this Section, the sentences are as follows:
(A) Laundering of property of a value not exceeding
$10,000 is a Class 3 felony;
(B) Laundering of property of a value exceeding
$10,000 but not exceeding $100,000 is a Class 2 felony;
(C) Laundering of property of a value exceeding
$100,000 but not exceeding $500,000 is a Class 1
felony;
(D) Laundering of property of a value exceeding
$500,000 is a Class 1 non-probationable felony.
(d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some
form of criminally derived property or from some form of
unlawful activity:
(1) A financial transaction was conducted or
structured or attempted in violation of the reporting
requirements of any State or federal law; or
(2) A financial transaction was conducted or attempted
with the use of a false or fictitious name or a forged
instrument; or
(3) A falsely altered or completed written instrument
or a written instrument that contains any materially false
personal identifying information was made, used, offered
or presented, whether accepted or not, in connection with a
financial transaction; or

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(4) A financial transaction was structured or
attempted to be structured so as to falsely report the
actual consideration or value of the transaction; or
(5) A money transmitter, a person engaged in a trade or
business or any employee of a money transmitter or a person
engaged in a trade or business, knows or reasonably should
know that false personal identifying information has been
presented and incorporates the false personal identifying
information into any report or record; or
(6) The criminally derived property is transported or
possessed in a fashion inconsistent with the ordinary or
usual means of transportation or possession of such
property and where the property is discovered in the
absence of any documentation or other indicia of legitimate
origin or right to such property; or
(7) A person pays or receives substantially less than
face value for one or more monetary instruments; or
(8) A person engages in a transaction involving one or
more monetary instruments, where the physical condition or
form of the monetary instrument or instruments makes it
apparent that they are not the product of bona fide
business or financial transactions.
(e) Duty to enforce this Article.
(1) It is the duty of the Department of State Police,
and its agents, officers, and investigators, to enforce all
provisions of this Article, except those specifically

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delegated, and to cooperate with all agencies charged with
the enforcement of the laws of the United States, or of any
state, relating to money laundering. Only an agent,
officer, or investigator designated by the Director may be
authorized in accordance with this Section to serve seizure
notices, warrants, subpoenas, and summonses under the
authority of this State.
(2) Any agent, officer, investigator, or peace officer
designated by the Director may: (A) make seizure of
property pursuant to the provisions of this Article; and
(B) perform such other law enforcement duties as the
Director designates. It is the duty of all State's
Attorneys to prosecute violations of this Article and
institute legal proceedings as authorized under this
Article.
(f) Protective orders.
(1) Upon application of the State, the court may enter
a restraining order or injunction, require the execution of
a satisfactory performance bond, or take any other action
to preserve the availability of property described in
subsection (h) for forfeiture under this Article:
(A) upon the filing of an indictment, information,
or complaint charging a violation of this Article for
which forfeiture may be ordered under this Article and
alleging that the property with respect to which the
order is sought would be subject to forfeiture under

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this Article; or
(B) prior to the filing of such an indictment,
information, or complaint, if, after notice to persons
appearing to have an interest in the property and
opportunity for a hearing, the court determines that:
(i) there is probable cause to believe that the
State will prevail on the issue of forfeiture and
that failure to enter the order will result in the
property being destroyed, removed from the
jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of
the property through the entry of the requested
order outweighs the hardship on any party against
whom the order is to be entered.
Provided, however, that an order entered pursuant
to subparagraph (B) shall be effective for not more
than 90 days, unless extended by the court for good
cause shown or unless an indictment, information,
complaint, or administrative notice has been filed.
(2) A temporary restraining order under this
subsection may be entered upon application of the State
without notice or opportunity for a hearing when an
indictment, information, complaint, or administrative
notice has not yet been filed with respect to the property,
if the State demonstrates that there is probable cause to

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believe that the property with respect to which the order
is sought would be subject to forfeiture under this Section
and that provision of notice will jeopardize the
availability of the property for forfeiture. Such a
temporary order shall expire not more than 30 days after
the date on which it is entered, unless extended for good
cause shown or unless the party against whom it is entered
consents to an extension for a longer period. A hearing
requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to
the expiration of the temporary order.
(3) The court may receive and consider, at a hearing
held pursuant to this subsection (f), evidence and
information that would be inadmissible under the Illinois
rules of evidence.
(4) Order to repatriate and deposit.
(A) In general. Pursuant to its authority to enter
a pretrial restraining order under this Section, the
court may order a defendant to repatriate any property
that may be seized and forfeited and to deposit that
property pending trial with the Illinois State Police
or another law enforcement agency designated by the
Illinois State Police.
(B) Failure to comply. Failure to comply with an
order under this subsection (f) is punishable as a
civil or criminal contempt of court.

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(g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
(h) Forfeiture.
(1) The following are subject to forfeiture:
(A) any property, real or personal, constituting,
derived from, or traceable to any proceeds the person
obtained directly or indirectly, as a result of a
violation of this Article;
(B) any of the person's property used, or intended
to be used, in any manner or part, to commit, or to
facilitate the commission of, a violation of this
Article;
(C) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or
concealment of property described in subparagraphs (A)
and (B), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this

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Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Article;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he or she neither
had knowledge of nor consented to the act or
omission;
(D) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or
intended to be used, in any manner or part, to commit,
or in any manner to facilitate the commission of, any
violation of this Article or that is the proceeds of
any violation or act that constitutes a violation of
this Article.
(2) Property subject to forfeiture under this Article
may be seized by the Director or any peace officer upon
process or seizure warrant issued by any court having
jurisdiction over the property. Seizure by the Director or

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any peace officer without process may be made:
(A) if the seizure is incident to a seizure
warrant;
(B) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Article;
(C) if there is probable cause to believe that the
property is directly or indirectly dangerous to health
or safety;
(D) if there is probable cause to believe that the
property is subject to forfeiture under this Article
and the property is seized under circumstances in which
a warrantless seizure or arrest would be reasonable; or
(E) in accordance with the Code of Criminal
Procedure of 1963.
(3) In the event of seizure pursuant to paragraph (2),
forfeiture proceedings shall be instituted in accordance
with subsections (i) through (r).
(4) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under this Article. When property is seized under
this Article, the seizing agency shall promptly conduct an

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inventory of the seized property and estimate the
property's value and shall forward a copy of the inventory
of seized property and the estimate of the property's value
to the Director. Upon receiving notice of seizure, the
Director may:
(A) place the property under seal;
(B) remove the property to a place designated by
the Director;
(C) keep the property in the possession of the
seizing agency;
(D) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(E) place the property under constructive seizure
by posting notice of pending forfeiture on it, by
giving notice of pending forfeiture to its owners and
interest holders, or by filing notice of pending
forfeiture in any appropriate public record relating
to the property; or
(F) provide for another agency or custodian,
including an owner, secured party, or lienholder, to
take custody of the property upon the terms and
conditions set by the Director.
(5) When property is forfeited under this Article, the
Director shall sell all such property unless such property

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is required by law to be destroyed or is harmful to the
public, and shall distribute the proceeds of the sale,
together with any moneys forfeited or seized, in accordance
with paragraph (6). However, upon the application of the
seizing agency or prosecutor who was responsible for the
investigation, arrest or arrests and prosecution which
lead to the forfeiture, the Director may return any item of
forfeited property to the seizing agency or prosecutor for
official use in the enforcement of laws, if the agency or
prosecutor can demonstrate that the item requested would be
useful to the agency or prosecutor in its enforcement
efforts. When any real property returned to the seizing
agency is sold by the agency or its unit of government, the
proceeds of the sale shall be delivered to the Director and
distributed in accordance with paragraph (6).
(6) All monies and the sale proceeds of all other
property forfeited and seized under this Article shall be
distributed as follows:
(A) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State
law enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of
the law enforcement agency in the effort resulting in
the forfeiture, taking into account the total value of

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the property forfeited and the total law enforcement
effort with respect to the violation of the law upon
which the forfeiture is based. Amounts distributed to
the agency or agencies shall be used for the
enforcement of laws.
(B)(i) 12.5% shall be distributed to the Office of
the State's Attorney of 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 the enforcement of laws. In counties over
3,000,000 population, 25% shall be distributed to the
Office of the State's Attorney for use in the
enforcement of laws. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws.
(ii) 12.5% shall be distributed to the Office of
the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund of
that office to be used for additional expenses incurred
in the investigation, prosecution and appeal of cases
arising under laws. The Office of the State's Attorneys
Appellate Prosecutor shall not receive distribution
from cases brought in counties with over 3,000,000
population.

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(C) 10% shall be retained by the Department of
State Police for expenses related to the
administration and sale of seized and forfeited
property.
Moneys and the sale proceeds distributed to the
Department of State Police under this Article shall be
deposited in the Money Laundering Asset Recovery Fund
created in the State treasury and shall be used by the
Department of State Police for State law enforcement
purposes.
(7) All moneys and sale proceeds of property forfeited
and seized under this Article and distributed according to
paragraph (6) may also be used to purchase opioid
antagonists as defined in Section 5-23 of the Alcoholism
and Other Drug Abuse and Dependency Act.
(i) Notice to owner or interest holder.
(1) Whenever notice of pending forfeiture or service of
an in rem complaint is required under the provisions of
this Article, such notice or service shall be given as
follows:
(A) If the owner's or interest holder's name and
current address are known, then by either personal
service or mailing a copy of the notice by certified
mail, return receipt requested, to that address. For
purposes of notice under this Section, if a person has
been arrested for the conduct giving rise to the

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forfeiture, then the address provided to the arresting
agency at the time of arrest shall be deemed to be that
person's known address. Provided, however, if an owner
or interest holder's address changes prior to the
effective date of the notice of pending forfeiture, the
owner or interest holder shall promptly notify the
seizing agency of the change in address or, if the
owner or interest holder's address changes subsequent
to the effective date of the notice of pending
forfeiture, the owner or interest holder shall
promptly notify the State's Attorney of the change in
address; or
(B) If the property seized is a conveyance, to the
address reflected in the office of the agency or
official in which title or interest to the conveyance
is required by law to be recorded, then by mailing a
copy of the notice by certified mail, return receipt
requested, to that address; or
(C) If the owner's or interest holder's address is
not known, and is not on record as provided in
paragraph (B), then by publication for 3 successive
weeks in a newspaper of general circulation in the
county in which the seizure occurred.
(2) Notice served under this Article is effective upon
personal service, the last date of publication, or the
mailing of written notice, whichever is earlier.

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(j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 90 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
(k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 45 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days after the receipt of notice of seizure from the

HB3074 - 24 - LRB100 10982 SLF 21220 b
seizing agency, the State's Attorney shall cause notice of
pending forfeiture to be given to the owner of the property
and all known interest holders of the property in
accordance with subsection (i) of this Section.
(2) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to
the forfeiture action.
(3)(A) Any person claiming an interest in property
which is the subject of notice under paragraph (1) of this
subsection (k), must, in order to preserve any rights or
claims to the property, within 45 days after the effective
date of notice as described in subsection (i) of this
Section, file a verified claim with the State's Attorney
expressing his or her interest in the property. The claim
must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and

HB3074 - 25 - LRB100 10982 SLF 21220 b
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim and deposits with the
State's Attorney a cost bond, in the form of a cashier's
check payable to the clerk of the court, in the sum of 10%
of the reasonable value of the property as alleged by the
State's Attorney or the sum of $100, whichever is greater,
upon condition that, in the case of forfeiture, the
claimant must pay all costs and expenses of forfeiture
proceedings, then the State's Attorney shall institute
judicial in rem forfeiture proceedings and deposit the cost
bond with the clerk of the court as described in subsection
(l) of this Section within 45 days after receipt of the
claim and cost bond. In lieu of a cost bond, a person
claiming interest in the seized property may file, under
penalty of perjury, an indigency affidavit which has been
approved by a circuit court judge.
(C) If none of the seized property is forfeited in the
judicial in rem proceeding, the clerk of the court shall

HB3074 - 26 - LRB100 10982 SLF 21220 b
return to the claimant, unless the court orders otherwise,
90% of the sum which has been deposited and shall retain as
costs 10% of the money deposited. If any of the seized
property is forfeited under the judicial forfeiture
proceeding, the clerk of the court shall transfer 90% of
the sum which has been deposited to the State's Attorney
prosecuting the civil forfeiture to be applied to the costs
of prosecution and the clerk shall retain as costs 10% of
the sum deposited.
(4) If no claim is filed or bond given within the 45
day period as described in paragraph (3) of this subsection
(k), the State's Attorney shall declare the property
forfeited and shall promptly notify the owner and all known
interest holders of the property and the Director of State
Police of the declaration of forfeiture and the Director
shall dispose of the property in accordance with law.
(l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim and a cost
bond under paragraph (3) of subsection (k) of this Section, the
following judicial in rem procedures shall apply:
(1) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days of the receipt of notice of seizure by the seizing

HB3074 - 27 - LRB100 10982 SLF 21220 b
agency or the filing of the claim and cost bond, whichever
is later, the State's Attorney shall institute judicial
forfeiture proceedings by filing a verified complaint for
forfeiture and, if the claimant has filed a claim and cost
bond, by depositing the cost bond with the clerk of the
court. When authorized by law, a forfeiture must be ordered
by a court on an action in rem brought by a State's
Attorney under a verified complaint for forfeiture.
(2) During the probable cause portion of the judicial
in rem proceeding wherein the State presents its
case-in-chief, the court must receive and consider, among
other things, all relevant hearsay evidence and
information. The laws of evidence relating to civil actions
apply to all other portions of the judicial in rem
proceeding.
(3) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property
in the action in rem. For purposes of this Section, the
owner or interest holder shall be referred to as claimant.
Upon motion of the State, the court shall first hold a
hearing, wherein any claimant must establish by a
preponderance of the evidence, that he or she has a lawful,
legitimate ownership interest in the property and that it
was obtained through a lawful source.
(4) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:

HB3074 - 28 - LRB100 10982 SLF 21220 b
(A) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(B) the address at which the claimant will accept
mail;
(C) the nature and extent of the claimant's
interest in the property;
(D) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(E) the name and address of all other persons known
to have an interest in the property;
(F) all essential facts supporting each assertion;
and
(G) the precise relief sought.
(5) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(6) The hearing must be held within 60 days after
filing of the answer unless continued for good cause.
(7) The State shall show the existence of probable
cause for forfeiture of the property. If the State shows
probable cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest
in the property is not subject to forfeiture.
(7.5) The court shall admit a signed statement by a
person who is 65 years old or older to demonstrate that the

HB3074 - 29 - LRB100 10982 SLF 21220 b
conveyance or other property was used without his or her
consent. The claimant may file a temporary restraining
order against the person who allegedly used his or her
property without his or her consent under Section 11-101 of
the Code of Civil Procedure.
(8) If the State does not show existence of probable
cause, the court shall order the interest in the property
returned or conveyed to the claimant and shall order all
other property forfeited to the State. If the State does
show existence of probable cause, the court shall order all
property forfeited to the State.
(9) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of
the criminal offense of which the defendant was convicted
in any proceeding under this Article regardless of the
pendency of an appeal from that conviction. However,
evidence of the pendency of an appeal is admissible.
(10) An acquittal or dismissal in a criminal proceeding
does not preclude civil proceedings under this Article;
however, for good cause shown, on a motion by the State's
Attorney, the court may stay civil forfeiture proceedings
during the criminal trial for a related criminal indictment
or information alleging a money laundering violation. Such
a stay shall not be available pending an appeal. Property
subject to forfeiture under this Article shall not be
subject to return or release by a court exercising

HB3074 - 30 - LRB100 10982 SLF 21220 b
jurisdiction over a criminal case involving the seizure of
such property unless such return or release is consented to
by the State's Attorney.
(11) All property declared forfeited under this
Article vests in this State on the commission of the
conduct giving rise to forfeiture together with the
proceeds of the property after that time. Any such property
or proceeds subsequently transferred to any person remain
subject to forfeiture and thereafter shall be ordered
forfeited.
(12) A civil action under this Article must be
commenced within 5 years after the last conduct giving rise
to forfeiture became known or should have become known or 5
years after the forfeitable property is discovered,
whichever is later, excluding any time during which either
the property or claimant is out of the State or in
confinement or during which criminal proceedings relating
to the same conduct are in progress.
(m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
(n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as

HB3074 - 31 - LRB100 10982 SLF 21220 b
are set out in writing in a settlement agreement.
(o) Property constituting attorney fees. Nothing in this
Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
(p) Construction. It is the intent of the General Assembly
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
(q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim and cost bond as
described in paragraph (3) of subsection (k) of this Section.
If a claim and cost bond is filed under this Section, then the
procedures described in subsection (l) of this Section apply.
(r) Burden of proof of exemption or exception. It is not

HB3074 - 32 - LRB100 10982 SLF 21220 b
necessary for the State to negate any exemption or exception in
this Article in any complaint, information, indictment or other
pleading or in any trial, hearing, or other proceeding under
this Article. The burden of proof of any exemption or exception
is upon the person claiming it.
(s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,
the court shall find that the aggrieved party has established a
substantial likelihood of prevailing on the merits and that
granting the stay will not have an injurious effect on the
general public.

HB3074 - 33 - LRB100 10982 SLF 21220 b
(Source: P.A. 99-480, eff. 9-9-15.)
(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
Sec. 36-2. Action for forfeiture.
(a) The State's Attorney in the county in which such
seizure occurs if he or she finds that the forfeiture was
incurred without willful negligence or without any intention on
the part of the owner of the vessel or watercraft, vehicle or
aircraft or any person whose right, title or interest is of
record as described in Section 36-1, to violate the law, or
finds the existence of such mitigating circumstances as to
justify remission of the forfeiture, may cause the law
enforcement agency to remit the same upon such terms and
conditions as the State's Attorney deems reasonable and just.
The State's Attorney shall exercise his or her discretion under
the foregoing provision of this Section 36-2(a) prior to or
promptly after the preliminary review under Section 36-1.5.
(b) If the State's Attorney does not cause the forfeiture
to be remitted he or she shall forthwith bring an action for
forfeiture in the Circuit Court within whose jurisdiction the
seizure and confiscation has taken place. The State's Attorney
shall give notice of seizure and the forfeiture proceeding to
each person according to the following method: upon each person
whose right, title, or interest is of record in the office of
the Secretary of State, the Secretary of Transportation, the
Administrator of the Federal Aviation Agency, or any other

HB3074 - 34 - LRB100 10982 SLF 21220 b
department of this State, or any other state of the United
States if the vessel or watercraft, vehicle, or aircraft is
required to be so registered, as the case may be, by delivering
the notice and complaint in open court or by certified mail to
the address as given upon the records of the Secretary of
State, the Division of Aeronautics of the Department of
Transportation, the Capital Development Board, or any other
department of this State or the United States if the vessel or
watercraft, vehicle, or aircraft is required to be so
registered.
(c) The owner of the seized vessel or watercraft, vehicle,
or aircraft or any person whose right, title, or interest is of
record as described in Section 36-1, may within 20 days after
delivery in open court or the mailing of such notice file a
verified answer to the Complaint and may appear at the hearing
on the action for forfeiture.
(d) The State shall show at such hearing by a preponderance
of the evidence, that such vessel or watercraft, vehicle, or
aircraft was used in the commission of an offense described in
Section 36-1.
(e) The owner of such vessel or watercraft, vehicle, or
aircraft or any person whose right, title, or interest is of
record as described in Section 36-1, may show by a
preponderance of the evidence that he did not know, and did not
have reason to know, that the vessel or watercraft, vehicle, or
aircraft was to be used in the commission of such an offense or

HB3074 - 35 - LRB100 10982 SLF 21220 b
that any of the exceptions set forth in Section 36-3 are
applicable.
(e-5) The court shall admit a signed statement by a person
who is 65 years old or older to demonstrate that the conveyance
or other property was used without his or her consent. The
claimant may file a temporary restraining order against the
person who allegedly used his or her property without his or
her consent under Section 11-101 of the Code of Civil
Procedure.
(f) Unless the State shall make such showing, the Court
shall order such vessel or watercraft, vehicle, or aircraft
released to the owner. Where the State has made such showing,
the Court may order the vessel or watercraft, vehicle, or
aircraft destroyed or may order it forfeited to any local,
municipal or county law enforcement agency, or the Department
of State Police or the Department of Revenue of the State of
Illinois.
(g) A copy of the order shall be filed with the law
enforcement agency, and with each Federal or State office or
agency with which such vessel or watercraft, vehicle, or
aircraft is required to be registered. Such order, when filed,
constitutes authority for the issuance of clear title to such
vessel or watercraft, vehicle, or aircraft, to the department
or agency to whom it is delivered or any purchaser thereof. The
law enforcement agency shall comply promptly with instructions
to remit received from the State's Attorney or Attorney General

HB3074 - 36 - LRB100 10982 SLF 21220 b
in accordance with Sections 36-2(a) or 36-3.
(h) The proceeds of any sale at public auction pursuant to
Section 36-2 of this Act, after payment of all liens and
deduction of the reasonable charges and expenses incurred by
the State's Attorney's Office shall be paid to the law
enforcement agency having seized the vehicle for forfeiture.
(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
99-78, eff. 7-20-15.)
(720 ILCS 5/47-15)
Sec. 47-15. Dumping garbage upon real property.
(a) It is unlawful for a person to dump, deposit, or place
garbage, rubbish, trash, or refuse upon real property not owned
by that person without the consent of the owner or person in
possession of the real property.
(b) A person who violates this Section is liable to the
owner or person in possession of the real property on which the
garbage, rubbish, trash, or refuse is dumped, deposited, or
placed for the reasonable costs incurred by the owner or person
in possession for cleaning up and properly disposing of the
garbage, rubbish, trash, or refuse, and for reasonable
attorneys' fees.
(c) A person violating this Section is guilty of a Class B
misdemeanor for which the court must impose a minimum fine of
$500. A second conviction for an offense committed after the
first conviction is a Class A misdemeanor for which the court

HB3074 - 37 - LRB100 10982 SLF 21220 b
must impose a minimum fine of $500. A third or subsequent
violation, committed after a second conviction, is a Class 4
felony for which the court must impose a minimum fine of $500.
A person who violates this Section and who has an equity
interest in a motor vehicle used in violation of this Section
is presumed to have the financial resources to pay the minimum
fine not exceeding his or her equity interest in the vehicle.
Personal property used by a person in violation of this Section
shall on the third or subsequent conviction of the person be
forfeited to the county where the violation occurred and
disposed of at a public sale. Before the forfeiture, the court
shall conduct a hearing to determine whether property is
subject to forfeiture under this Section. At the forfeiture
hearing the State has the burden of establishing by a
preponderance of the evidence that property is subject to
forfeiture under this Section. The court shall admit a signed
statement by a person who is 65 years old or older to
demonstrate that the conveyance or other property was used
without his or her consent. The claimant may file a temporary
restraining order against the person who allegedly used his or
her property without his or her consent under Section 11-101 of
the Code of Civil Procedure.
(d) The statutory minimum fine required by subsection (c)
is not subject to reduction or suspension unless the defendant
is indigent. If the defendant files a motion with the court
asserting his or her inability to pay the mandatory fine

HB3074 - 38 - LRB100 10982 SLF 21220 b
required by this Section, the court must set a hearing on the
motion before sentencing. The court must require an affidavit
signed by the defendant containing sufficient information to
ascertain the assets and liabilities of the defendant. If the
court determines that the defendant is indigent, the court must
require that the defendant choose either to pay the minimum
fine of $500 or to perform 100 hours of community service.
(Source: P.A. 90-655, eff. 7-30-98; 91-409, eff. 1-1-00.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 124B-160 as follows:
(725 ILCS 5/124B-160)
Sec. 124B-160. Petition for forfeiture; forfeiture
hearing; burden of proof.
(a) The Attorney General or State's Attorney may file a
petition for forfeiture of property in connection with an
offense as defined in this Article, and, within a reasonable
time after sentencing, the court shall conduct a hearing to
determine whether any property is subject to forfeiture under
this Article. Every person with any property interest in the
property alleged to be subject to forfeiture may appear as a
party and present evidence at the hearing.
(b) At the forfeiture hearing, the State has the burden of
establishing, by a preponderance of the evidence, that the
property is subject to forfeiture under this Article. The court

HB3074 - 39 - LRB100 10982 SLF 21220 b
shall admit a signed statement by a person who is 65 years old
or older to demonstrate that the conveyance or other property
was used without his or her consent. The claimant may file a
temporary restraining order against the person who allegedly
used his or her property without his or her consent under
Section 11-101 of the Code of Civil Procedure.
(Source: P.A. 96-712, eff. 1-1-10.)
Section 15. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 9 as follows:
(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
Sec. 9. Judicial in rem procedures. If property seized
under the provisions of the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act is non-real property that exceeds
$20,000 in value excluding the value of any conveyance, or is
real property, or a claimant has filed a claim and a cost bond
under subsection (C) of Section 6 of this Act, the following
judicial in rem procedures shall apply:
(A) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the seized
property is subject to forfeiture, then within 45 days of the
receipt of notice of seizure by the seizing agency or the
filing of the claim and cost bond, whichever is later, the
State's Attorney shall institute judicial forfeiture

HB3074 - 40 - LRB100 10982 SLF 21220 b
proceedings by filing a verified complaint for forfeiture and,
if the claimant has filed a claim and cost bond, by depositing
the cost bond with the clerk of the court. When authorized by
law, a forfeiture must be ordered by a court on an action in
rem brought by a State's Attorney under a verified complaint
for forfeiture.
(B) During the probable cause portion of the judicial in
rem proceeding wherein the State presents its case-in-chief,
the court must receive and consider, among other things, all
relevant hearsay evidence and information. The laws of evidence
relating to civil actions shall apply to all other portions of
the judicial in rem proceeding.
(C) Only an owner of or interest holder in the property may
file an answer asserting a claim against the property in the
action in rem. For purposes of this Section, the owner or
interest holder shall be referred to as claimant.
(D) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(i) the caption of the proceedings as set forth on the
notice of pending forfeiture and the name of the claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's interest
in the property;
(iv) the date, identity of transferor, and
circumstances of the claimant's acquisition of the

HB3074 - 41 - LRB100 10982 SLF 21220 b
interest in the property;
(v) the name and address of all other persons known to
have an interest in the property;
(vi) the specific provisions of Section 8 of this Act
relied on in asserting it is not subject to forfeiture;
(vii) all essential facts supporting each assertion;
and
(viii) the precise relief sought.
(E) The answer must be filed with the court within 45 days
after service of the civil in rem complaint.
(F) The hearing must be held within 60 days after filing of
the answer unless continued for good cause.
(G) The State shall show the existence of probable cause
for forfeiture of the property. If the State shows probable
cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest in
the property is not subject to forfeiture.
(G-5) The court shall admit a signed statement by a person
who is 65 years old or older to demonstrate that the conveyance
or other property was used without his or her consent. The
claimant may file a temporary restraining order against the
person who allegedly used his or her property without his or
her consent under Section 11-101 of the Code of Civil
Procedure.
(H) If the State does not show existence of probable cause
or a claimant has established by a preponderance of evidence

HB3074 - 42 - LRB100 10982 SLF 21220 b
that the claimant has an interest that is exempt under Section
8 of this Act, the court shall order the interest in the
property returned or conveyed to the claimant and shall order
all other property forfeited to the State. If the State does
show existence of probable cause and the claimant does not
establish by a preponderance of evidence that the claimant has
an interest that is exempt under Section 8 of this Act, the
court shall order all property forfeited to the State.
(I) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of the
criminal offense of which the defendant was convicted in any
proceeding under this Act regardless of the pendency of an
appeal from that conviction. However, evidence of the pendency
of an appeal is admissible.
(J) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by the State's Attorney, the
court may stay civil forfeiture proceedings during the criminal
trial for a related criminal indictment or information alleging
a violation of the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act. Such a stay shall not be available
pending an appeal. Property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
or the Methamphetamine Control and Community Protection Act
shall not be subject to return or release by a court exercising

HB3074 - 43 - LRB100 10982 SLF 21220 b
jurisdiction over a criminal case involving the seizure of such
property unless such return or release is consented to by the
State's Attorney.
(K) All property declared forfeited under this Act vests in
this State on the commission of the conduct giving rise to
forfeiture together with the proceeds of the property after
that time. Any such property or proceeds subsequently
transferred to any person remain subject to forfeiture and
thereafter shall be ordered forfeited unless the transferee
claims and establishes in a hearing under the provisions of
this Act that the transferee's interest is exempt under Section
8 of this Act.
(L) A civil action under this Act must be commenced within
5 years after the last conduct giving rise to forfeiture became
known or should have become known or 5 years after the
forfeitable property is discovered, whichever is later,
excluding any time during which either the property or claimant
is out of the State or in confinement or during which criminal
proceedings relating to the same conduct are in progress.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 20. The Narcotics Profit Forfeiture Act is amended
by changing Section 5 as follows:
(725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
Sec. 5. Forfeiture procedures.

HB3074 - 44 - LRB100 10982 SLF 21220 b
(a) A person who commits the offense of narcotics
racketeering shall:
(1) be guilty of a Class 1 felony; and
(2) be subject to a fine of up to $250,000.
A person who commits the offense of narcotics racketeering
or who violates Section 3 of the Drug Paraphernalia Control Act
shall forfeit to the State of Illinois: (A) any profits or
proceeds and any property or property interest he has acquired
or maintained in violation of this Act or Section 3 of the Drug
Paraphernalia Control Act or has used to facilitate a violation
of this Act that the court determines, after a forfeiture
hearing, under subsection (b) of this Section to have been
acquired or maintained as a result of narcotics racketeering or
violating Section 3 of the Drug Paraphernalia Control Act, or
used to facilitate narcotics racketeering; 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 has established, operated, controlled,
conducted, or participated in the conduct of, in violation of
this Act or Section 3 of the Drug Paraphernalia Control Act,
that the court determines, after a forfeiture hearing, under
subsection (b) of this Section to have been acquired or
maintained as a result of narcotics racketeering or violating
Section 3 of the Drug Paraphernalia Control Act or used to
facilitate narcotics racketeering.
(b) The court shall, upon petition by the Attorney General

HB3074 - 45 - LRB100 10982 SLF 21220 b
or State's Attorney, at any time subsequent to 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. The court
shall admit a signed statement by a person who is 65 years old
or older to demonstrate that the conveyance or other property
was used without his or her consent. The claimant may file a
temporary restraining order against the person who allegedly
used his or her property without his or her consent under
Section 11-101 of the Code of Civil Procedure. There is a
rebuttable presumption at such hearing that any property or
property interest of a person charged by information or
indictment with narcotics racketeering or who is convicted of a
violation of Section 3 of the Drug Paraphernalia Control Act 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 this Act
or Section 3 of the Drug Paraphernalia Control Act 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 this Act or
Section 3 of the Drug Paraphernalia Control Act.

HB3074 - 46 - LRB100 10982 SLF 21220 b
(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 narcotics
racketeering as defined in Section 4 of this Act or violating
Section 3 of the Drug Paraphernalia Control Act shall first
determine whether there is probable cause to believe that the
person or persons so charged has committed the offense of
narcotics racketeering as defined in Section 4 of this Act or a
violation of Section 3 of the Drug Paraphernalia Control Act
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 the offense of narcotics racketeering or violating
Section 3 of the Drug Paraphernalia Control Act 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

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hearing following the filing of an information charging the
offense of narcotics racketeering as defined in Section 4 of
this Act or the return of an indictment by a grand jury
charging the offense of narcotics racketeering as defined in
Section 4 of this Act or after a charge is filed for violating
Section 3 of the Drug Paraphernalia Control Act 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
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

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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
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 narcotics racketeering or has not
been used to facilitate narcotics racketeering.
(f) The Attorney General or his 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) or (h),
whichever is applicable.

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(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 whose officers or employees
conducted the investigation into narcotics racketeering
and caused the arrest or arrests and prosecution leading to
the forfeiture. Amounts distributed to units of local
government shall be used for enforcement of laws governing
narcotics activity or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol. 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 Drug
Traffic Prevention Fund in the State treasury to be used
for enforcement of laws governing narcotics activity.
(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 the enforcement of laws governing
narcotics activity or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol.
An amount equal to 12.5% shall be distributed to the

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Office of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund, which is
hereby created in the State treasury, 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 pro-rated 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.
(3) An amount equal to 25% shall be paid into the Drug
Traffic Prevention Fund in the State treasury to be used by
the Department of State Police for funding Metropolitan
Enforcement Groups created pursuant to the
Intergovernmental Drug Laws Enforcement Act. Any amounts
remaining in the Fund after full funding of Metropolitan
Enforcement Groups shall be used for enforcement, by the
State or any unit of local government, of laws governing
narcotics activity or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol.
(h) Where the investigation or indictment for the offense
of narcotics racketeering or a violation of Section 3 of the
Drug Paraphernalia Control Act has occurred under the

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provisions of the Statewide Grand Jury Act, all monies and the
sale proceeds of all other property shall be distributed as
follows:
(1) 60% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law on which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances or for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol.
(2) 25% shall be distributed by the Attorney General as
grants to drug education, treatment and prevention
programs licensed or approved by the Department of Human
Services. In making these grants, the Attorney General
shall take into account the plans and service priorities
of, and the needs identified by, the Department of Human
Services.
(3) 15% shall be distributed to the Attorney General

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and the State's Attorney, if any, participating in the
prosecution resulting in the forfeiture. The distribution
shall bear a reasonable relationship to the degree of
direct participation in the prosecution of the offense,
taking into account the total value of the property
forfeited and the total amount of time spent in preparing
and presenting the case, the complexity of the case and
other similar factors. Amounts distributed to the Attorney
General under this paragraph shall be retained in a fund
held by the State Treasurer as ex-officio custodian to be
designated as the Statewide Grand Jury Prosecution Fund and
paid out upon the direction of the Attorney General for
expenses incurred in criminal prosecutions arising under
the Statewide Grand Jury Act. Amounts distributed to a
State's Attorney shall be deposited in a special fund in
the county treasury and appropriated to the State's
Attorney for use in the enforcement of laws governing
narcotics activity or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol.
(i) All monies deposited pursuant to this Act in the Drug
Traffic Prevention Fund established under Section 5-9-1.2 of
the Unified Code of Corrections are appropriated, on a
continuing basis, to the Department of State Police to be used
for funding Metropolitan Enforcement Groups created pursuant
to the Intergovernmental Drug Laws Enforcement Act or otherwise

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for the enforcement of laws governing narcotics activity or for
public education in the community or schools in the prevention
or detection of the abuse of drugs or alcohol.
(Source: P.A. 99-686, eff. 7-29-16.)