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| Public Act 095-0989 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Cannabis Control Act is amended by changing | ||||
Section 12 as follows:
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(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
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Sec. 12. (a) The following are subject to forfeiture:
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(1) all substances containing cannabis which have been | ||||
produced,
manufactured, delivered, or possessed in | ||||
violation of this Act;
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(2) all raw materials, products and equipment of any | ||||
kind which are
produced, delivered, or possessed in | ||||
connection with any substance
containing cannabis in | ||||
violation of this Act;
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(3) 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 paragraph (1) or (2) that constitutes
a felony violation | ||||
of the Act, but:
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(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
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charge of the conveyance is a consenting party or privy | ||
to a violation
of this Act;
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(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 knowledge or consent;
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(iii) a forfeiture of a conveyance encumbered by a | ||
bona fide
security interest is subject to the interest | ||
of the secured party if he
neither had knowledge of nor | ||
consented to the act or omission;
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(4) all money, things of value, books, records, and | ||
research
products and materials including formulas, | ||
microfilm, tapes, and data
which are used, or intended for | ||
use in a felony violation of this Act;
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(5) everything of value furnished or intended to be | ||
furnished by any
person in exchange for a substance in | ||
violation of this Act, all proceeds
traceable to such an | ||
exchange, and all moneys, negotiable instruments, and
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securities used, or intended to be used, to commit or in | ||
any manner to
facilitate any felony violation of this Act; .
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(6) all real property, including any right, title, and | ||
interest including, but not limited to, any leasehold | ||
interest or the beneficial interest to a land trust, in the | ||
whole of any lot or tract of land and any appurtenances or | ||
improvements, that is used or intended to be used to | ||
facilitate the manufacture, distribution, sale, receipt, | ||
or concealment of property described in paragraph (1) or | ||
(2) of this subsection (a) that constitutes a felony | ||
violation of more than 2,000 grams of a substance | ||
containing cannabis or that is the proceeds of any felony | ||
violation of this Act. | ||
(b) Property subject to forfeiture under this Act 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 any peace officer | ||
without process may be made:
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(1) 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 or the Drug
Asset Forfeiture | ||
Procedure Act;
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(2) if there is probable cause to believe that the | ||
property is
directly or indirectly dangerous to health or | ||
safety;
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(3) if there is probable cause to believe that the | ||
property is subject
to forfeiture under this Act and the | ||
property is seized under
circumstances in which a | ||
warrantless seizure or arrest would be reasonable; or
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(4) in accordance with the Code of Criminal Procedure | ||
of 1963.
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(c) In the event of seizure pursuant to subsection (b), | ||
forfeiture
proceedings shall be instituted in accordance with | ||
the
Drug Asset Forfeiture Procedure Act.
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(c-1) In the event the State's Attorney is of the opinion | ||
that real property is subject to forfeiture under this Act, | ||
forfeiture proceedings shall be instituted in accordance with | ||
the Drug Asset Forfeiture Procedure Act. The exemptions from | ||
forfeiture provisions of Section 8 of the Drug Asset Forfeiture | ||
Procedure Act are applicable. | ||
(d) 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 the | ||
Drug Asset Forfeiture Procedure Act. When
property is seized | ||
under this Act, the seizing agency shall promptly
conduct an | ||
inventory of the seized property, 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:
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(1) place the property under seal;
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(2) remove the property to a place designated by him;
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(3) keep the property in the possession of the seizing | ||
agency;
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(4) 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;
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(5) 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
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(6) 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.
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(e) No disposition may be made of property under seal until | ||
the time
for taking an appeal has elapsed or until all appeals | ||
have been
concluded unless a court, upon application therefor, | ||
orders the sale of
perishable substances and the deposit of the | ||
proceeds of the sale with
the court.
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(f) When property is forfeited under this Act the Director | ||
shall
sell all such property unless such 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 subsection (g). | ||
However, upon the application of the seizing agency or
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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 relating to cannabis or controlled | ||
substances,
if the agency or prosecutor can demonstrate that | ||
the item requested would
be useful to the agency or prosecutor | ||
in their enforcement efforts. When any forfeited conveyance, | ||
including an aircraft, vehicle, or vessel, is returned to the | ||
seizing agency or prosecutor, the conveyance may be used | ||
immediately in the enforcement of the criminal laws of this | ||
State. Upon disposal, all proceeds from the sale of the | ||
conveyance must be used for drug enforcement purposes. 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 subsection (g).
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(g) All monies and the sale proceeds of all other property | ||
forfeited and
seized under this Act shall be distributed as | ||
follows:
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(1) 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 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 | ||
governing cannabis and controlled substances or for | ||
security cameras used for the prevention or detection of | ||
violence, except
that amounts distributed to the Secretary | ||
of State shall be deposited into
the Secretary of State | ||
Evidence Fund to be used as provided in Section
2-115 of | ||
the Illinois Vehicle Code.
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(2)(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
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governing cannabis and controlled substances. In counties | ||
over 3,000,000
population, 25% will be distributed to the | ||
Office of the State's Attorney for use in the
enforcement | ||
of laws governing cannabis and controlled substances. 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 governing cannabis and controlled | ||
substances.
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(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
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investigation, prosecution and appeal of cases arising | ||
under laws governing
cannabis and controlled substances. | ||
The Office of the State's Attorneys
Appellate Prosecutor | ||
shall not receive distribution from cases brought in
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counties with over 3,000,000 population.
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(3) 10% shall be retained by the Department of State | ||
Police for expenses
related to the administration and sale | ||
of seized and forfeited property.
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(Source: P.A. 94-1004, eff. 7-3-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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