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91_SB1842
LRB9113225MWpc
1 AN ACT concerning the use of drug forfeiture moneys and
2 proceeds, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cannabis Control Act is amended by
6 changing Section 12 as follows:
7 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
8 Sec. 12. (a) The following are subject to forfeiture:
9 (1) all substances containing cannabis which have
10 been produced, manufactured, delivered, or possessed in
11 violation of this Act;
12 (2) all raw materials, products and equipment of
13 any kind which are produced, delivered, or possessed in
14 connection with any substance containing cannabis in
15 violation of this Act;
16 (3) all conveyances, including aircraft, vehicles
17 or vessels, which are used, or intended for use, to
18 transport, or in any manner to facilitate the
19 transportation, sale, receipt, possession, or concealment
20 of property described in paragraph (1) or (2) that
21 constitutes a felony violation of the Act, but:
22 (i) no conveyance used by any person as a
23 common carrier in the transaction of business as a
24 common carrier is subject to forfeiture under this
25 Section unless it appears that the owner or other
26 person in charge of the conveyance is a consenting
27 party or privy to a violation of this Act;
28 (ii) no conveyance is subject to forfeiture
29 under this Section by reason of any act or omission
30 which the owner proves to have been committed or
31 omitted without his knowledge or consent;
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1 (iii) a forfeiture of a conveyance encumbered
2 by a bona fide security interest is subject to the
3 interest of the secured party if he neither had
4 knowledge of nor consented to the act or omission;
5 (4) all money, things of value, books, records, and
6 research products and materials including formulas,
7 microfilm, tapes, and data which are used, or intended
8 for use in a felony violation of this Act;
9 (5) everything of value furnished or intended to be
10 furnished by any person in exchange for a substance in
11 violation of this Act, all proceeds traceable to such an
12 exchange, and all moneys, negotiable instruments, and
13 securities used, or intended to be used, to commit or in
14 any manner to facilitate any felony violation of this
15 Act.
16 (b) Property subject to forfeiture under this Act may be
17 seized by the Director or any peace officer upon process or
18 seizure warrant issued by any court having jurisdiction over
19 the property. Seizure by the Director or any peace officer
20 without process may be made:
21 (1) if the property subject to seizure has been the
22 subject of a prior judgment in favor of the State in a
23 criminal proceeding or in an injunction or forfeiture
24 proceeding based upon this Act or the Drug Asset
25 Forfeiture Procedure Act;
26 (2) if there is probable cause to believe that the
27 property is directly or indirectly dangerous to health or
28 safety;
29 (3) if there is probable cause to believe that the
30 property is subject to forfeiture under this Act and the
31 property is seized under circumstances in which a
32 warrantless seizure or arrest would be reasonable; or
33 (4) in accordance with the Code of Criminal
34 Procedure of 1963.
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1 (c) In the event of seizure pursuant to subsection (b),
2 forfeiture proceedings shall be instituted in accordance with
3 the Drug Asset Forfeiture Procedure Act.
4 (d) Property taken or detained under this Section shall
5 not be subject to replevin, but is deemed to be in the
6 custody of the Director subject only to the order and
7 judgments of the circuit court having jurisdiction over the
8 forfeiture proceedings and the decisions of the State's
9 Attorney under the Drug Asset Forfeiture Procedure Act. When
10 property is seized under this Act, the seizing agency shall
11 promptly conduct an inventory of the seized property,
12 estimate the property's value, and shall forward a copy of
13 the inventory of seized property and the estimate of the
14 property's value to the Director. Upon receiving notice of
15 seizure, the Director may:
16 (1) place the property under seal;
17 (2) remove the property to a place designated by
18 him;
19 (3) keep the property in the possession of the
20 seizing agency;
21 (4) remove the property to a storage area for
22 safekeeping or, if the property is a negotiable
23 instrument or money and is not needed for evidentiary
24 purposes, deposit it in an interest bearing account;
25 (5) place the property under constructive seizure
26 by posting notice of pending forfeiture on it, by giving
27 notice of pending forfeiture to its owners and interest
28 holders, or by filing notice of pending forfeiture in any
29 appropriate public record relating to the property; or
30 (6) provide for another agency or custodian,
31 including an owner, secured party, or lienholder, to take
32 custody of the property upon the terms and conditions set
33 by the Director.
34 (e) No disposition may be made of property under seal
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1 until the time for taking an appeal has elapsed or until all
2 appeals have been concluded unless a court, upon application
3 therefor, orders the sale of perishable substances and the
4 deposit of the proceeds of the sale with the court.
5 (f) When property is forfeited under this Act the
6 Director shall sell all such property unless such property is
7 required by law to be destroyed or is harmful to the public,
8 and shall distribute the proceeds of the sale, together with
9 any moneys forfeited or seized, in accordance with subsection
10 (g). However, upon the application of the seizing agency or
11 prosecutor who was responsible for the investigation, arrest
12 or arrests and prosecution which lead to the forfeiture, the
13 Director may return any item of forfeited property to the
14 seizing agency or prosecutor for official use in the
15 enforcement of laws relating to cannabis or controlled
16 substances, if the agency or prosecutor can demonstrate that
17 the item requested would be useful to the agency or
18 prosecutor in their enforcement efforts. When any real
19 property returned to the seizing agency is sold by the agency
20 or its unit of government, the proceeds of the sale shall be
21 delivered to the Director and distributed in accordance with
22 subsection (g).
23 (g) All moneys monies and the sale proceeds of all other
24 property forfeited and seized under this Act shall be
25 distributed as follows:
26 (1) 65% shall be distributed to the metropolitan
27 enforcement group, local, municipal, county, or state law
28 enforcement agency or agencies which conducted or
29 participated in the investigation resulting in the
30 forfeiture. The distribution shall bear a reasonable
31 relationship to the degree of direct participation of the
32 law enforcement agency in the effort resulting in the
33 forfeiture, taking into account the total value of the
34 property forfeited and the total law enforcement effort
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1 with respect to the violation of the law upon which the
2 forfeiture is based. Amounts distributed to the agency
3 or agencies shall be used for the enforcement of laws
4 governing cannabis and controlled substances and, in the
5 case of a municipality, for park district or municipal
6 recreational programs for youth at risk, except that
7 amounts distributed to the Secretary of State shall be
8 deposited into the Secretary of State Evidence Fund to be
9 used as provided in Section 2-115 of the Illinois Vehicle
10 Code.
11 (2)(i) 12.5% shall be distributed to the Office of
12 the State's Attorney of the county in which the
13 prosecution resulting in the forfeiture was
14 instituted, deposited in a special fund in the
15 county treasury and appropriated to the State's
16 Attorney for use in the enforcement of laws
17 governing cannabis and controlled substances. In
18 counties over 3,000,000 population, 25% will be
19 distributed to the Office of the State's Attorney
20 for use in the enforcement of laws governing
21 cannabis and controlled substances. If the
22 prosecution is undertaken solely by the Attorney
23 General, the portion provided hereunder shall be
24 distributed to the Attorney General for use in the
25 enforcement of laws governing cannabis and
26 controlled substances.
27 (ii) 12.5% shall be distributed to the Office
28 of the State's Attorneys Appellate Prosecutor and
29 deposited in the Narcotics Profit Forfeiture Fund of
30 that Office to be used for additional expenses
31 incurred in the investigation, prosecution and
32 appeal of cases arising under laws governing
33 cannabis and controlled substances. The Office of
34 the State's Attorneys Appellate Prosecutor shall not
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1 receive distribution from cases brought in counties
2 with over 3,000,000 population.
3 (3) 10% shall be retained by the Department of
4 State Police for expenses related to the administration
5 and sale of seized and forfeited property.
6 (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
7 Section 10. The Illinois Controlled Substances Act is
8 amended by changing Section 505 as follows:
9 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
10 Sec. 505. (a) The following are subject to forfeiture:
11 (1) all substances which have been manufactured,
12 distributed, dispensed, or possessed in violation of this
13 Act;
14 (2) all raw materials, products and equipment of
15 any kind which are used, or intended for use in
16 manufacturing, distributing, dispensing, administering or
17 possessing any substance in violation of this Act;
18 (3) all conveyances, including aircraft, vehicles
19 or vessels, which are used, or intended for use, to
20 transport, or in any manner to facilitate the
21 transportation, sale, receipt, possession, or concealment
22 of property described in paragraphs (1) and (2), but:
23 (i) no conveyance used by any person as a
24 common carrier in the transaction of business as a
25 common carrier is subject to forfeiture under this
26 Section unless it appears that the owner or other
27 person in charge of the conveyance is a consenting
28 party or privy to a violation of this Act;
29 (ii) no conveyance is subject to forfeiture
30 under this Section by reason of any act or omission
31 which the owner proves to have been committed or
32 omitted without his knowledge or consent;
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1 (iii) a forfeiture of a conveyance encumbered
2 by a bona fide security interest is subject to the
3 interest of the secured party if he neither had
4 knowledge of nor consented to the act or omission;
5 (4) all money, things of value, books, records, and
6 research products and materials including formulas,
7 microfilm, tapes, and data which are used, or intended to
8 be used in violation of this Act;
9 (5) everything of value furnished, or intended to
10 be furnished, in exchange for a substance in violation of
11 this Act, all proceeds traceable to such an exchange, and
12 all moneys, negotiable instruments, and securities used,
13 or intended to be used, to commit or in any manner to
14 facilitate any violation of this Act;
15 (6) all real property, including any right, title,
16 and interest (including, but not limited to, any
17 leasehold interest or the beneficial interest in a land
18 trust) in the whole of any lot or tract of land and any
19 appurtenances or improvements, which is used or intended
20 to be used, in any manner or part, to commit, or in any
21 manner to facilitate the commission of, any violation or
22 act that constitutes a violation of Section 401 or 405 of
23 this Act or that is the proceeds of any violation or act
24 that constitutes a violation of Section 401 or 405 of
25 this Act.
26 (b) Property subject to forfeiture under this Act may be
27 seized by the Director or any peace officer upon process or
28 seizure warrant issued by any court having jurisdiction over
29 the property. Seizure by the Director or any peace officer
30 without process may be made:
31 (1) if the seizure is incident to inspection under
32 an administrative inspection warrant;
33 (2) if the property subject to seizure has been the
34 subject of a prior judgment in favor of the State in a
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1 criminal proceeding, or in an injunction or forfeiture
2 proceeding based upon this Act or the Drug Asset
3 Forfeiture Procedure Act;
4 (3) if there is probable cause to believe that the
5 property is directly or indirectly dangerous to health or
6 safety;
7 (4) if there is probable cause to believe that the
8 property is subject to forfeiture under this Act and the
9 property is seized under circumstances in which a
10 warrantless seizure or arrest would be reasonable; or
11 (5) in accordance with the Code of Criminal
12 Procedure of 1963.
13 (c) In the event of seizure pursuant to subsection (b),
14 forfeiture proceedings shall be instituted in accordance with
15 the Drug Asset Forfeiture Procedure Act.
16 (d) Property taken or detained under this Section shall
17 not be subject to replevin, but is deemed to be in the
18 custody of the Director subject only to the order and
19 judgments of the circuit court having jurisdiction over the
20 forfeiture proceedings and the decisions of the State's
21 Attorney under the Drug Asset Forfeiture Procedure Act. When
22 property is seized under this Act, the seizing agency shall
23 promptly conduct an inventory of the seized property and
24 estimate the property's value, and shall forward a copy of
25 the inventory of seized property and the estimate of the
26 property's value to the Director. Upon receiving notice of
27 seizure, the Director may:
28 (1) place the property under seal;
29 (2) remove the property to a place designated by
30 the Director;
31 (3) keep the property in the possession of the
32 seizing agency;
33 (4) remove the property to a storage area for
34 safekeeping or, if the property is a negotiable
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1 instrument or money and is not needed for evidentiary
2 purposes, deposit it in an interest bearing account;
3 (5) place the property under constructive seizure
4 by posting notice of pending forfeiture on it, by giving
5 notice of pending forfeiture to its owners and interest
6 holders, or by filing notice of pending forfeiture in any
7 appropriate public record relating to the property; or
8 (6) provide for another agency or custodian,
9 including an owner, secured party, or lienholder, to take
10 custody of the property upon the terms and conditions set
11 by the Director.
12 (e) If the Department of Professional Regulation
13 suspends or revokes a registration, all controlled substances
14 owned or possessed by the registrant at the time of
15 suspension or the effective date of the revocation order may
16 be placed under seal. No disposition may be made of
17 substances under seal until the time for taking an appeal has
18 elapsed or until all appeals have been concluded unless a
19 court, upon application therefor, orders the sale of
20 perishable substances and the deposit of the proceeds of the
21 sale with the court. Upon a revocation rule becoming final,
22 all substances may be forfeited to the Department of
23 Professional Regulation.
24 (f) When property is forfeited under this Act the
25 Director shall sell all such property unless such property is
26 required by law to be destroyed or is harmful to the public,
27 and shall distribute the proceeds of the sale, together with
28 any moneys forfeited or seized, in accordance with subsection
29 (g). However, upon the application of the seizing agency or
30 prosecutor who was responsible for the investigation, arrest
31 or arrests and prosecution which lead to the forfeiture, the
32 Director may return any item of forfeited property to the
33 seizing agency or prosecutor for official use in the
34 enforcement of laws relating to cannabis or controlled
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1 substances, if the agency or prosecutor can demonstrate that
2 the item requested would be useful to the agency or
3 prosecutor in their enforcement efforts. When any real
4 property returned to the seizing agency is sold by the agency
5 or its unit of government, the proceeds of the sale shall be
6 delivered to the Director and distributed in accordance with
7 subsection (g).
8 (g) All moneys monies and the sale proceeds of all other
9 property forfeited and seized under this Act shall be
10 distributed as follows:
11 (1) 65% shall be distributed to the metropolitan
12 enforcement group, local, municipal, county, or state law
13 enforcement agency or agencies which conducted or
14 participated in the investigation resulting in the
15 forfeiture. The distribution shall bear a reasonable
16 relationship to the degree of direct participation of the
17 law enforcement agency in the effort resulting in the
18 forfeiture, taking into account the total value of the
19 property forfeited and the total law enforcement effort
20 with respect to the violation of the law upon which the
21 forfeiture is based. Amounts distributed to the agency or
22 agencies shall be used for the enforcement of laws
23 governing cannabis and controlled substances and, in the
24 case of a municipality, for park district or municipal
25 recreational programs for youth at risk, except that
26 amounts distributed to the Secretary of State shall be
27 deposited into the Secretary of State Evidence Fund to be
28 used as provided in Section 2-115 of the Illinois Vehicle
29 Code.
30 (2) (i) 12.5% shall be distributed to the Office of
31 the State's Attorney of the county in which the
32 prosecution resulting in the forfeiture was instituted,
33 deposited in a special fund in the county treasury and
34 appropriated to the State's Attorney for use in the
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1 enforcement of laws governing cannabis and controlled
2 substances. In counties over 3,000,000 population, 25%
3 will be distributed to the Office of the State's Attorney
4 for use in the enforcement of laws governing cannabis and
5 controlled substances. If the prosecution is undertaken
6 solely by the Attorney General, the portion provided
7 hereunder shall be distributed to the Attorney General
8 for use in the enforcement of laws governing cannabis and
9 controlled substances.
10 (ii) 12.5% shall be distributed to the Office of
11 the State's Attorneys Appellate Prosecutor and deposited
12 in the Narcotics Profit Forfeiture Fund of that office to
13 be used for additional expenses incurred in the
14 investigation, prosecution and appeal of cases arising
15 under laws governing cannabis and controlled substances.
16 The Office of the State's Attorneys Appellate Prosecutor
17 shall not receive distribution from cases brought in
18 counties with over 3,000,000 population.
19 (3) 10% shall be retained by the Department of
20 State Police for expenses related to the administration
21 and sale of seized and forfeited property.
22 (h) Species of plants from which controlled substances
23 in Schedules I and II may be derived which have been planted
24 or cultivated in violation of this Act, or of which the
25 owners or cultivators are unknown, or which are wild growths,
26 may be seized and summarily forfeited to the State. The
27 failure, upon demand by the Director or any peace officer, of
28 the person in occupancy or in control of land or premises
29 upon which the species of plants are growing or being stored,
30 to produce registration, or proof that he is the holder
31 thereof, constitutes authority for the seizure and forfeiture
32 of the plants.
33 (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
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1 Section 15. The Narcotics Profit Forfeiture Act is
2 amended by changing Section 5.2 as follows:
3 (725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2)
4 Sec. 5.2. (a) Twelve and one-half percent of all amounts
5 collected as fines pursuant to the provisions of this Act
6 shall be paid into the Youth Drug Abuse Prevention Fund,
7 which is hereby created in the State treasury, to be used by
8 the Department of Human Services for the funding of programs
9 and services for drug-abuse treatment, and prevention and
10 education services, for juveniles.
11 (b) Eighty-seven and one-half percent of the proceeds of
12 all fines received under the provisions of this Act shall be
13 transmitted to and deposited in the treasurer's office at the
14 level of government as follows:
15 (1) If such seizure was made by a combination of
16 law enforcement personnel representing differing units of
17 local government, the court levying the fine shall
18 equitably allocate 50% of the fine among these units of
19 local government and shall allocate 37 1/2% to the county
20 general corporate fund. In the event that the seizure was
21 made by law enforcement personnel representing a unit of
22 local government from a municipality where the number of
23 inhabitants exceeds 2 million in population, the court
24 levying the fine shall allocate 87 1/2% of the fine to
25 that unit of local government. If the seizure was made
26 by a combination of law enforcement personnel
27 representing differing units of local government, and at
28 least one of those units represents a municipality where
29 the number of inhabitants exceeds 2 million in
30 population, the court shall equitably allocate 87 1/2% of
31 the proceeds of the fines received among the differing
32 units of local government.
33 (2) If such seizure was made by State law
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1 enforcement personnel, then the court shall allocate 37
2 1/2% to the State treasury and 50% to the county general
3 corporate fund.
4 (3) If a State law enforcement agency in
5 combination with a law enforcement agency or agencies of
6 a unit or units of local government conducted the
7 seizure, the court shall equitably allocate 37 1/2% of
8 the fines to or among the law enforcement agency or
9 agencies of the unit or units of local government which
10 conducted the seizure and shall allocate 50% to the
11 county general corporate fund.
12 (c) The proceeds of all fines allocated to the law
13 enforcement agency or agencies of the unit or units of local
14 government pursuant to subsection (b) shall be made available
15 to that law enforcement agency as expendable receipts for use
16 in the enforcement of laws regulating controlled substances
17 and cannabis and, in the case of a municipality, for park
18 district or municipal recreational programs for youth at
19 risk. The proceeds of fines awarded to the State treasury
20 shall be deposited in a special fund known as the Drug
21 Traffic Prevention Fund. Monies from this fund may be used by
22 the Department of State Police for use in the enforcement of
23 laws regulating controlled substances and cannabis; to
24 satisfy funding provisions of the Intergovernmental Drug Laws
25 Enforcement Act; to defray costs and expenses associated with
26 returning violators of the Cannabis Control Act and the
27 Illinois Controlled Substances Act only, as provided in those
28 Acts, when punishment of the crime shall be confinement of
29 the criminal in the penitentiary; and all other monies shall
30 be paid into the general revenue fund in the State treasury.
31 (Source: P.A. 89-507, eff. 7-1-97.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.