93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5301

 

Introduced 02/06/04, by Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 147/40

    Amends the Illinois Streetgang Terrorism Omnibus Prevention Act. Makes a stylistic change in provisions concerning contraband.


LRB093 17099 LCB 42765 b

 

 

A BILL FOR

 

HB5301 LRB093 17099 LCB 42765 b

1     AN ACT concerning civil liabilities.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Streetgang Terrorism Omnibus
5 Prevention Act is amended by changing Section 40 as follows:
 
6     (740 ILCS 147/40)
7     Sec. 40. Contraband.
8     (a) The following are declared to be contraband and no
9 person shall have a property interest in them:
10         (1) any property that is directly or indirectly used or
11     intended for use in any manner to facilitate streetgang
12     related activity; and
13         (2) any property constituting or derived from gross
14     profits or other proceeds obtained from streetgang related
15     activity.
16     (b) Within 60 days after of the date of the seizure of
17 contraband under this Section, the State's Attorney shall
18 initiate forfeiture proceedings as provided in Article 36 of
19 the Criminal Code of 1961. An owner or person who has a lien on
20 the property may establish as a defense to the forfeiture of
21 property that is subject to forfeiture under this Section that
22 the owner or lienholder had no knowledge that the property was
23 acquired through a pattern of streetgang related activity.
24 Property that is forfeited under this Section shall be disposed
25 of as provided in Article 36 of the Criminal Code of 1961 for
26 the forfeiture of vehicles, vessels, and aircraft. The proceeds
27 of the disposition shall be paid to the Gang Violence Victims
28 and Witnesses Fund to be used to assist in the prosecution of
29 gang crimes.
30 (Source: P.A. 91-876, eff. 1-1-01.)