Bill Text: IL HB5557 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Drug Asset Forfeiture Procedure Act. Provides that actual physical seizure of real property subject to forfeiture under the Act requires the issuance of a seizure warrant and a criminal conviction (currently, only issuance of a seizure warrant).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5557 Detail]

Download: Illinois-2019-HB5557-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5557 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
725 ILCS 150/3.1
Amends the Drug Asset Forfeiture Procedure Act. Provides that actual physical seizure of real property subject to forfeiture under the Act requires the issuance of a seizure warrant and a criminal conviction (currently, only issuance of a seizure warrant).
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 3.1 as follows:
(725 ILCS 150/3.1)
Sec. 3.1. Seizure.
(a) Actual physical seizure of real property subject to
forfeiture under this Act requires the issuance of a seizure
warrant and a criminal conviction. Nothing in this Section
prohibits the constructive seizure of real property through the
filing of a complaint for forfeiture in circuit court and the
recording of a lis pendens against the real property without a
hearing, warrant application, or judicial approval.
(b) Personal property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
the Illinois Food, Drug and Cosmetic Act, or the
Methamphetamine Control and Community Protection Act may be
seized by the Director of State Police or any peace officer
upon process or seizure warrant issued by any court having
jurisdiction over the property.
(c) Personal property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,

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the Illinois Food, Drug and Cosmetic Act, or the
Methamphetamine Control and Community Protection Act may be
seized by the Director of State Police or any peace officer
without process:
(1) if the seizure is incident to inspection under an
administrative inspection warrant;
(2) 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 Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under the Illinois
Controlled Substances Act, the Cannabis Control Act, the
Illinois Food, Drug and Cosmetic Act, or the
Methamphetamine Control and Community Protection Act, and
the property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) under the Code of Criminal Procedure of 1963.
(d) If a conveyance is seized under this Act, an
investigation shall be made by the law enforcement agency as to
any person whose right, title, interest, or lien is of record
in the office of the agency or official in which title to or
interest in the conveyance is required by law to be recorded.

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(e) After seizure under this Section, notice shall be given
to all known interest holders that forfeiture proceedings,
including a preliminary review, may be instituted and the
proceedings may be instituted under this Act. Upon a showing of
good cause related to an ongoing investigation, the notice
required for a preliminary review under this Section may be
postponed.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)