Bill Text: IL HB3524 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012 concerning the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Extends the date of repeal of the Law from June 11, 2017 to June 11, 2022. Establishes specific forfeiture and protective order provisions for violations of the Law (rather than the provisions in the money laundering statute). Provides for distribution of moneys and the sale proceeds of all other property forfeited and seized under the Law to various units of government.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3524 Detail]

Download: Illinois-2015-HB3524-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3524 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
720 ILCS 5/33G-6
720 ILCS 5/33G-9
Amends the Criminal Code of 2012 concerning the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Extends the date of repeal of the Law from June 11, 2017 to June 11, 2022. Establishes specific forfeiture and protective order provisions for violations of the Law (rather than the provisions in the money laundering statute). Provides for distribution of moneys and the sale proceeds of all other property forfeited and seized under the Law to various units of government.
LRB099 10139 RLC 30362 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3524 LRB099 10139 RLC 30362 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 33G-6 and 33G-9 as follows:
(720 ILCS 5/33G-6)
(Section scheduled to be repealed on June 11, 2017)
Sec. 33G-6. Remedial proceedings, procedures, and
forfeiture. Under this Article:
(a) The circuit court shall have jurisdiction to prevent
and restrain violations of this Article by issuing appropriate
orders, including:
(1) ordering any person to disgorge illicit proceeds
obtained by a violation of this Article or divest himself
or herself of any interest, direct or indirect, in any
enterprise or real or personal property of any character,
including money, obtained, directly or indirectly, by a
violation of this Article;
(2) imposing reasonable restrictions on the future
activities or investments of any person or enterprise,
including prohibiting any person or enterprise from
engaging in the same type of endeavor as the person or
enterprise engaged in, that violated this Article; or

HB3524 - 2 - LRB099 10139 RLC 30362 b
(3) ordering dissolution or reorganization of any
enterprise, making due provision for the rights of innocent
persons.
(b) 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 (c) 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
this Article; or
(B) prior to the filing of an indictment,
information, or complaint described in subparagraph
(A) of this paragraph (1), 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 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

HB3524 - 3 - LRB099 10139 RLC 30362 b
(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 under this 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 (b) 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
believe that the property with respect to which the order
is sought would, in the event of a conviction, be subject
to forfeiture under this Section and that provision of
notice will jeopardize the integrity of the investigation,
the safety of any persons, or the availability of the
property for forfeiture. The 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

HB3524 - 4 - LRB099 10139 RLC 30362 b
earliest possible time and prior to the expiration of the
temporary order.
(3) The court may receive and consider, at a hearing
held under this subsection (b), evidence and information
that would be inadmissible under the Illinois Rules of
Evidence.
(4) Order to repatriate and deposit.
(A) Under 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 State's Attorney or another
designated law enforcement agency.
(B) Failure to comply with an order under this
subsection (b) is punishable as a civil or criminal
contempt of court.
(c) 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;

HB3524 - 5 - LRB099 10139 RLC 30362 b
(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
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

HB3524 - 6 - LRB099 10139 RLC 30362 b
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 sheriff, or his or her agent, upon
process or seizure warrant issued by any court having
jurisdiction over the property. Seizure by the sheriff or
his or her agent 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) After seizure under paragraph (2), forfeiture

HB3524 - 7 - LRB099 10139 RLC 30362 b
proceedings shall be instituted in accordance with
subsections (i) through (r) of Section 29B-1 of this Code.
(4) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the sheriff 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
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 sheriff. Upon receiving notice of seizure, the
sheriff may:
(A) place the property under seal;
(B) remove the property to a place designated by
the sheriff;
(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

HB3524 - 8 - LRB099 10139 RLC 30362 b
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 sheriff.
(5) When property is forfeited under this Article, the
State's Attorney shall sell all the property unless the
property 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 State's
Attorney 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 State's Attorney and distributed
in accordance with paragraph (6).
(6) All moneys and the sale proceeds of all other

HB3524 - 9 - LRB099 10139 RLC 30362 b
property forfeited and seized under this Article shall be
distributed as follows:
(A) 75% 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 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 retained by 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 retained by the Office of the
State's Attorney for use in the enforcement of laws. If
the prosecution is undertaken solely by the Attorney
General, 25% shall be distributed to the Attorney
General for use in the enforcement of laws.

HB3524 - 10 - LRB099 10139 RLC 30362 b
(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. However, the Office of the State's
Attorneys Appellate Prosecutor shall not receive
distribution from cases brought in counties with over
3,000,000 population or cases brought solely by the
Attorney General.
(d) (b) Any violation of this Article is subject to the
remedies, procedures, and forfeiture as set forth in
subsections (g) and (i) (f) through (s) of Section 29B-1 of
this Code.
(Source: P.A. 97-686, eff. 6-11-12.)
(720 ILCS 5/33G-9)
(Section scheduled to be repealed on June 11, 2017)
Sec. 33G-9. Repeal. This Article is repealed on June 11,
2022 5 years after it becomes law.
(Source: P.A. 97-686, eff. 6-11-12.)