(35 ILCS 143/10-57)
Sec. 10-57.
Search warrant; issuance and return; process; confiscation of
property; forfeitures. If a peace officer of this State or any duly
authorized officer or employee of the Department has reason to believe that any
violation of this Act has occurred and that the person violating the Act has
in that person's possession any tobacco products or vending device
containing tobacco products, that peace officer or officer or employee of the
Department may file or cause to be filed his or her
complaint in writing, verified by affidavit, with any court within whose
jurisdiction the premises to be searched are situated, stating the facts upon
which the belief is founded, the premises to be searched, and the property to
be seized, and procure a search warrant and execute that warrant. Upon the
execution of the search warrant, the peace officer, or officer or employee of
the Department, executing the search warrant shall make due return of the
warrant to the court issuing the warrant, together with an inventory of the
property taken under the warrant. The court must then issue process against the
owner of the property if the owner is known; otherwise, process must be issued
against the person in whose possession the property is found, if that person is
known. In case of inability to serve process upon the owner or the person in
possession of the property at the time of its seizure,
notice of the proceedings before the court must be given in the same manner as
required by the law governing cases of attachment. Upon the return of
the process duly served or upon the posting or publishing of notice made, as
appropriate, the court or jury, if a jury is demanded, shall
proceed to determine whether or not the property so seized was held or
possessed in violation of this Act. If a violation is found, judgment shall be
entered confiscating the property and forfeiting it to the State and ordering
its delivery to the Department. In addition, the court may tax and assess the
costs of the proceedings.
When any tobacco products or any vending devices are declared forfeited to
the State by any court and the confiscated and forfeited property is
delivered to the Department, the Department shall sell
the property for the best price obtainable and shall forthwith pay over the
proceeds of the sale to the State Treasurer. If the
value of the property to be sold at any one time is $500 or more, however, the
property shall be sold only to the highest and best bidder on terms and
conditions, and on open competitive bidding after public advertisement, in a
manner and for terms as the Department, by rule, may prescribe.
(Source: P.A. 92-743, eff. 7-25-02.)
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