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






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    AN ACT concerning civil liabilities. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Illinois Streetgang Terrorism Omnibus 
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Prevention Act is
amended by changing Section 40 as follows:


 
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    (740 ILCS 147/40)

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    Sec. 40. Contraband.


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    (a) The following are declared to be contraband and no 
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person shall
have a property interest in them:


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        (1) any property that is directly or indirectly used or 
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    intended
for use in any manner to facilitate streetgang 
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    related activity;
and


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        (2) any property constituting or derived from gross 
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    profits or other
proceeds obtained from streetgang related 
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    activity.


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    (b) Within 60 days after
of the date of the seizure of 
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contraband
under this
Section, the State's Attorney shall 
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initiate  forfeiture proceedings as
provided
in Article 36 of 
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the Criminal Code of 1961. An owner or person who has a lien
on 
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the property may
establish as a defense to the forfeiture of 
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property
that is subject to forfeiture under this Section that 
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the owner or lienholder
had no knowledge that the property was 
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acquired through a pattern of
streetgang related activity.   
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Property that is forfeited under this Section
shall be disposed 
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of as provided in Article 36 of the Criminal Code of 1961
for 
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the forfeiture of vehicles, vessels, and aircraft.  The
proceeds 
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of the disposition shall be paid to the Gang Violence Victims

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and Witnesses Fund to be used to assist in the prosecution of 
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gang crimes.


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(Source: P.A. 91-876, eff. 1-1-01.)