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91_HB1209
LRB9103456KSgc
1 AN ACT to amend the Drug Asset Forfeiture Procedure Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Drug Asset Forfeiture Procedure Act is
5 amended by changing Section 4 as follows:
6 (725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)
7 Sec. 4. Notice to Owner or Interest Holder.
8 (A) Whenever notice of pending forfeiture or service of
9 an in rem complaint is required under the provisions of this
10 Act, the such notice or service shall be given as follows:
11 (1) If the owner's or interest holder's name and
12 current address are known, then by either personal
13 service or mailing a copy of the notice by certified
14 mail, return receipt requested, to that address. For
15 purposes of notice under this Section, if a person has
16 been arrested for the conduct giving rise to the
17 forfeiture, then the address provided to the arresting
18 agency at the time of arrest shall be deemed to be that
19 person's known address. Provided, however, if an owner
20 or interest holder's address changes prior to the
21 effective date of the notice of pending forfeiture, the
22 owner or interest holder shall promptly notify the
23 seizing agency of the change in address or, if the owner
24 or interest holder's address changes subsequent to the
25 effective date of the notice of pending forfeiture, the
26 owner or interest holder shall promptly notify the
27 State's Attorney of the change in address; or
28 (2) If the property seized is a conveyance, to the
29 address reflected in the office of the agency or official
30 in which title or interest to the conveyance is required
31 by law to be recorded, then by mailing a copy of the
-2- LRB9103456KSgc
1 notice by certified mail, return receipt requested, to
2 that address; or
3 (3) If the owner's or interest holder's address is
4 not known, and is not on record as provided in paragraph
5 (2), then by publication for 3 successive weeks in a
6 newspaper of general circulation in the county in which
7 the seizure occurred.
8 (B) Notice served under this Act is effective upon
9 personal service, the last date of publication, or the
10 mailing of written notice, whichever is earlier.
11 (Source: P.A. 86-1382; 87-614.)