101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5557

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 150/3.1

    Amends the Drug Asset Forfeiture Procedure Act. Provides that actual physical seizure of real property subject to forfeiture under the Act requires the issuance of a seizure warrant and a criminal conviction (currently, only issuance of a seizure warrant).


LRB101 18226 RLC 67668 b

 

 

A BILL FOR

 

HB5557LRB101 18226 RLC 67668 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Drug Asset Forfeiture Procedure Act is
5amended by changing Section 3.1 as follows:
 
6    (725 ILCS 150/3.1)
7    Sec. 3.1. Seizure.
8    (a) Actual physical seizure of real property subject to
9forfeiture under this Act requires the issuance of a seizure
10warrant and a criminal conviction. Nothing in this Section
11prohibits the constructive seizure of real property through the
12filing of a complaint for forfeiture in circuit court and the
13recording of a lis pendens against the real property without a
14hearing, warrant application, or judicial approval.
15    (b) Personal property subject to forfeiture under the
16Illinois Controlled Substances Act, the Cannabis Control Act,
17the Illinois Food, Drug and Cosmetic Act, or the
18Methamphetamine Control and Community Protection Act may be
19seized by the Director of State Police or any peace officer
20upon process or seizure warrant issued by any court having
21jurisdiction over the property.
22    (c) Personal property subject to forfeiture under the
23Illinois Controlled Substances Act, the Cannabis Control Act,

 

 

HB5557- 2 -LRB101 18226 RLC 67668 b

1the Illinois Food, Drug and Cosmetic Act, or the
2Methamphetamine Control and Community Protection Act may be
3seized by the Director of State Police or any peace officer
4without process:
5        (1) if the seizure is incident to inspection under an
6    administrative inspection warrant;
7        (2) if the property subject to seizure has been the
8    subject of a prior judgment in favor of the State in a
9    criminal proceeding or in an injunction or forfeiture
10    proceeding based upon this Act;
11        (3) if there is probable cause to believe that the
12    property is directly or indirectly dangerous to health or
13    safety;
14        (4) if there is probable cause to believe that the
15    property is subject to forfeiture under the Illinois
16    Controlled Substances Act, the Cannabis Control Act, the
17    Illinois Food, Drug and Cosmetic Act, or the
18    Methamphetamine Control and Community Protection Act, and
19    the property is seized under circumstances in which a
20    warrantless seizure or arrest would be reasonable; or
21        (5) under the Code of Criminal Procedure of 1963.
22    (d) If a conveyance is seized under this Act, an
23investigation shall be made by the law enforcement agency as to
24any person whose right, title, interest, or lien is of record
25in the office of the agency or official in which title to or
26interest in the conveyance is required by law to be recorded.

 

 

HB5557- 3 -LRB101 18226 RLC 67668 b

1    (e) After seizure under this Section, notice shall be given
2to all known interest holders that forfeiture proceedings,
3including a preliminary review, may be instituted and the
4proceedings may be instituted under this Act. Upon a showing of
5good cause related to an ongoing investigation, the notice
6required for a preliminary review under this Section may be
7postponed.
8(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)