Bill Status of SB 1402   100th General Assembly

Short Description:  CRIM PRO-ASSET FREEZE ORDER

Senate Sponsors
Sen. John J. Cullerton-Michael Connelly

House Sponsors
(Rep. Elgie R. Sims, Jr.-LaToya Greenwood and Juliana Stratton)


Last Action  View All Actions

DateChamber Action
  1/9/2019SenateSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/Art. 112B heading new
725 ILCS 5/112B-1 new
725 ILCS 5/112B-2 new
725 ILCS 5/112B-3 new
725 ILCS 5/112B-4 new
725 ILCS 5/112B-5 new
725 ILCS 5/112B-6 new
725 ILCS 5/112B-7 new

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Allows the prosecution in a criminal case to bring an action seeking a court order to freeze the assets of a person charged with or convicted of a criminal offense if there are grounds to believe the defendant may dissipate the assets to avoid paying any fine, restitution, assessment, or costs that may or has been imposed as the result of a conviction. Provides the court must limit its order to allow the defendant sufficient assets for legal representation for any pending criminal charges against the defendant, including contesting any motion or order with regard to freezing his or her assets. Provides the court may limit an asset freezing order to provide the defendant with assets for his or her living and business expenses. Provides procedures for obtaining and enforcing asset freezing motions and orders. Sets forth obligations and protections for persons who are not a defendant in the case but who hold assets of the defendant subject to an asset freezing order. Allows for appeal by any party. Defines terms.

Senate Floor Amendment No. 1
Adds reference to:
725 ILCS 5/112B-5.5 new

Adds the ability of the State to seek and obtain an asset dissipation relief order against a transfer or obligation of an asset knowingly made to dissipate the asset to the extent necessary to satisfy an existing or future judgment for a fine, restitution, assessment, or court costs. Provides various forms of asset dissipation relief for the court to consider and impose. Provides for appeal of an asset dissipation relief order. Defines "lien" and "transfer".

House Floor Amendment No. 1
Deletes reference to:
725 ILCS 5/112B-5.5
725 ILCS 5/112B-6
725 ILCS 5/112B-7
725 ILCS 5/112B-8

Replaces everything after the enacting clause. Removes the asset-freeze provisions and limits asset dissipation relief orders to the property of defendants charged with or convicted of a crime of violence or sex offense in which the victim is under 18 years of age. Defines "crime of violence" and "sex offense".

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. James F. Clayborne, Jr.
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  2/22/2017SenateAssigned to Criminal Law
  3/1/2017SenateTo Subcommittee on CLEAR Compliance
  3/14/2017SenateReported Back To Criminal Law; 003-000-000
  3/15/2017SenateDo Pass Criminal Law; 010-000-000
  3/15/2017SenatePlaced on Calendar Order of 2nd Reading March 16, 2017
  3/15/2017SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  3/15/2017SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/17/2017SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  3/22/2017SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  3/30/2017SenateSecond Reading
  3/30/2017SenatePlaced on Calendar Order of 3rd Reading April 4, 2017
  4/6/2017SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 010-000-000
  4/26/2017SenateRecalled to Second Reading
  4/26/2017SenateSenate Floor Amendment No. 1 Adopted; Clayborne
  4/26/2017SenatePlaced on Calendar Order of 3rd Reading
  4/26/2017SenateThird Reading - Passed; 057-000-000
  4/26/2017HouseArrived in House
  5/2/2017HouseChief House Sponsor Rep. Elgie R. Sims, Jr.
  5/3/2017HouseFirst Reading
  5/3/2017HouseReferred to Rules Committee
  5/3/2017HouseAssigned to Judiciary - Criminal Committee
  5/9/2017HouseDo Pass / Short Debate Judiciary - Criminal Committee; 013-000-000
  5/10/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/22/2017HouseAdded Alternate Co-Sponsor Rep. Juliana Stratton
  5/24/2017HouseSecond Reading - Short Debate
  5/24/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/29/2017HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Elgie R. Sims, Jr.
  5/29/2017HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/30/2017HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/31/2017HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 012-000-000
  5/31/2017HouseFinal Action Deadline Extended-9(b) June 30, 2017
  6/23/2017HouseAdded Alternate Chief Co-Sponsor Rep. LaToya Greenwood
  6/26/2017HouseHouse Floor Amendment No. 1 Adopted
  6/26/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  6/30/2017HouseFinal Action Deadline Extended-9(b) July 7, 2017
  7/6/2017HouseRule 19(a) / Re-referred to Rules Committee
  12/31/2018SenateChief Sponsor Changed to Sen. John J. Cullerton
  1/9/2019SenateSession Sine Die

Back To Top