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Sen. Antonio Munoz
Filed: 2/23/2006
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09400SB2869sam004 |
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LRB094 17675 RLC 56398 a |
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| AMENDMENT TO SENATE BILL 2869
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| AMENDMENT NO. ______. Amend Senate Bill 2869, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
|
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| "Section 5. The Cannabis Control Act is amended by changing |
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| Section 12 as follows:
|
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| (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
|
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| Sec. 12. (a) The following are subject to forfeiture:
|
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| (1) all substances containing cannabis which have been |
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| produced,
manufactured, delivered, or possessed in |
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| violation of this Act;
|
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| (2) all raw materials, products and equipment of any |
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| kind which are
produced, delivered, or possessed in |
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| connection with any substance
containing cannabis in |
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| violation of this Act;
|
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| (3) all conveyances, including aircraft, vehicles or |
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| vessels, which
are used, or intended for use, to transport, |
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| or in any manner to
facilitate the transportation, sale, |
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| receipt, possession, or
concealment of property described |
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| in paragraph (1) or (2) that constitutes
a felony violation |
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| of the Act, but:
|
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| (i) no conveyance used by any person as a common |
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| carrier in the
transaction of business as a common |
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| carrier is subject to forfeiture
under this Section |
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LRB094 17675 RLC 56398 a |
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| unless it appears that the owner or other person in
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| charge of the conveyance is a consenting party or privy |
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| to a violation
of this Act;
|
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| (ii) no conveyance is subject to forfeiture under |
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| this Section by
reason of any act or omission which the |
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| owner proves to have been
committed or omitted without |
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| his knowledge or consent;
|
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| (iii) a forfeiture of a conveyance encumbered by a |
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| bona fide
security interest is subject to the interest |
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| of the secured party if he
neither had knowledge of nor |
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| consented to the act or omission;
|
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| (4) all money, things of value, books, records, and |
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| research
products and materials including formulas, |
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| microfilm, tapes, and data
which are used, or intended for |
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| use in a felony violation of this Act;
|
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| (5) everything of value furnished or intended to be |
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| furnished by any
person in exchange for a substance in |
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| violation of this Act, all proceeds
traceable to such an |
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| exchange, and all moneys, negotiable instruments, and
|
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| securities used, or intended to be used, to commit or in |
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| any manner to
facilitate any felony violation of this Act.
|
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| (b) Property subject to forfeiture under this Act may be |
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| seized by
the Director or any peace officer upon process or |
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| seizure warrant issued by
any court having jurisdiction over |
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| the property. Seizure by the Director
or any peace officer |
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| without process may be made:
|
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| (1) if the property subject to seizure has been the |
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| subject of a
prior judgment in favor of the State in a |
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| criminal proceeding or
in an injunction or forfeiture |
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| proceeding based upon this Act or the Drug
Asset Forfeiture |
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| Procedure Act;
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| (2) if there is probable cause to believe that the |
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| property is
directly or indirectly dangerous to health or |
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| safety;
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LRB094 17675 RLC 56398 a |
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| (3) if there is probable cause to believe that the |
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| property is subject
to forfeiture under this Act and the |
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| property is seized under
circumstances in which a |
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| warrantless seizure or arrest would be reasonable; or
|
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| (4) in accordance with the Code of Criminal Procedure |
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| of 1963.
|
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| (c) In the event of seizure pursuant to subsection (b), |
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| forfeiture
proceedings shall be instituted in accordance with |
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| the
Drug Asset Forfeiture Procedure Act.
|
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| (d) Property taken or detained under this Section shall not |
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| be
subject to replevin, but is deemed to be in the custody of |
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| the Director
subject only to the order and judgments of the |
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| circuit court having
jurisdiction over the forfeiture |
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| proceedings and the decisions of the
State's Attorney under the |
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| Drug Asset Forfeiture Procedure Act. When
property is seized |
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| under this Act, the seizing agency shall promptly
conduct an |
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| inventory of the seized property, estimate the property's |
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| value,
and shall forward a copy of the inventory of seized |
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| property and the
estimate of the property's value to the |
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| Director. Upon receiving notice of
seizure, the Director may:
|
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| (1) place the property under seal;
|
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| (2) remove the property to a place designated by him;
|
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| (3) keep the property in the possession of the seizing |
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| agency;
|
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| (4) remove the property to a storage area for |
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| safekeeping or, if the
property is a negotiable instrument |
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| or money and is not needed for
evidentiary purposes, |
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| deposit it in an interest bearing account;
|
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| (5) place the property under constructive seizure by |
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| posting notice of
pending forfeiture on it, by giving |
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| notice of pending forfeiture to its
owners and interest |
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| holders, or by filing notice of pending forfeiture in
any |
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| appropriate public record relating to the property; or
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| (6) provide for another agency or custodian, including |
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LRB094 17675 RLC 56398 a |
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| an owner, secured
party, or lienholder, to take custody of |
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| the property upon the terms and
conditions set by the |
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| Director.
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| (e) No disposition may be made of property under seal until |
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| the time
for taking an appeal has elapsed or until all appeals |
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| have been
concluded unless a court, upon application therefor, |
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| orders the sale of
perishable substances and the deposit of the |
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| proceeds of the sale with
the court.
|
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| (f) When property is forfeited under this Act the Director |
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| shall
sell all such property unless such property is required |
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| by law to be
destroyed or is harmful to the public, and shall |
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| distribute the proceeds of
the sale, together with any moneys |
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| forfeited or seized, in accordance
with subsection (g). |
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| However, upon the application of the seizing agency or
|
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| prosecutor who was responsible for the investigation, arrest or |
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| arrests and
prosecution which lead to the forfeiture, the |
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| Director may return any item
of forfeited property to the |
18 |
| seizing agency or prosecutor for official use
in the |
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| enforcement of laws relating to cannabis or controlled |
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| substances,
if the agency or prosecutor can demonstrate that |
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| the item requested would
be useful to the agency or prosecutor |
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| in their enforcement efforts. When any forfeited conveyance, |
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| including an aircraft, vehicle, or vessel, is returned to the |
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| seizing agency or prosecutor, the conveyance may be used |
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| immediately in the enforcement of the criminal laws of this |
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| State. Upon disposal, all proceeds from the sale of the |
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| conveyance must be used for drug enforcement purposes. When
any |
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| real property returned to the seizing agency is sold by the |
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| agency or
its unit of government, the proceeds of the sale |
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| shall be delivered to the
Director and distributed in |
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| accordance with subsection (g).
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| (g) All monies and the sale proceeds of all other property |
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| forfeited and
seized under this Act shall be distributed as |
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| follows:
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LRB094 17675 RLC 56398 a |
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| (1) 65% shall be distributed to the metropolitan |
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| enforcement group,
local, municipal, county, or state law |
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| enforcement agency or agencies which
conducted or |
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| participated in the investigation resulting in the |
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| forfeiture.
The distribution shall bear a reasonable |
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| relationship to the degree of
direct participation of the |
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| law enforcement agency in the effort resulting
in the |
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| forfeiture, taking into account the total value of the |
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| property
forfeited and the total law enforcement effort |
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| with respect to the
violation of the law upon which the |
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| forfeiture is based.
Amounts distributed to the agency or |
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| agencies shall be used for the
enforcement of laws |
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| governing cannabis and controlled substances or for |
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| security cameras used for the prevention or detection of |
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| violence , except
that amounts distributed to the Secretary |
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| of State shall be deposited into
the Secretary of State |
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| Evidence Fund to be used as provided in Section
2-115 of |
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| the Illinois Vehicle Code.
|
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| (2)(i) 12.5% shall be distributed to the Office of the |
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| State's
Attorney of the county in which the prosecution |
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| resulting in the forfeiture
was instituted, deposited |
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| in a special fund in the county treasury and
|
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| appropriated to the State's Attorney for use in the |
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| enforcement of laws
governing cannabis and controlled |
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| substances. In counties over 3,000,000
population, 25% |
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| will be distributed to the Office of the State's |
27 |
| Attorney for use in the
enforcement of laws governing |
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| cannabis and controlled substances. If the
prosecution |
29 |
| is undertaken solely by the Attorney General, the |
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| portion
provided hereunder shall be distributed to the |
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| Attorney General for use in
the enforcement of laws |
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| governing cannabis and controlled substances.
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| (ii) 12.5% shall be distributed to the Office of |
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| the State's Attorneys
Appellate Prosecutor and |
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LRB094 17675 RLC 56398 a |
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| deposited in the Narcotics Profit Forfeiture Fund
of |
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| that Office to be used for additional expenses incurred |
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| in the
investigation, prosecution and appeal of cases |
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| arising under laws governing
cannabis and controlled |
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| substances. The Office of the State's Attorneys
|
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| Appellate Prosecutor shall not receive distribution |
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| from cases brought in
counties with over 3,000,000 |
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| population.
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| (3) 10% shall be retained by the Department of State |
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| Police for expenses
related to the administration and sale |
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| of seized and forfeited property.
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| (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
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| Section 10. The Illinois Controlled Substances Act is |
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| amended by changing Section 505 as follows:
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| (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
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| Sec. 505. (a) The following are subject to forfeiture:
|
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| (1) all substances which have been manufactured, |
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| distributed,
dispensed, or possessed in violation of this |
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| Act;
|
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| (2) all raw materials, products and equipment of any |
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| kind which are
used, or intended for use in manufacturing, |
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| distributing, dispensing,
administering or possessing any |
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| substance in violation of this Act;
|
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| (3) all conveyances, including aircraft, vehicles or |
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| vessels, which are
used, or intended for use, to transport, |
26 |
| or in any manner to facilitate
the transportation, sale, |
27 |
| receipt, possession, or concealment of property
described |
28 |
| in paragraphs (1) and (2), but:
|
29 |
| (i) no conveyance used by any person as a common |
30 |
| carrier in the
transaction of business as a common |
31 |
| carrier is subject to forfeiture under
this Section |
32 |
| unless it appears that the owner or other person in |
|
|
|
09400SB2869sam004 |
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LRB094 17675 RLC 56398 a |
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| charge of
the conveyance is a consenting party or privy |
2 |
| to a violation of this Act;
|
3 |
| (ii) no conveyance is subject to forfeiture under |
4 |
| this Section by reason
of any act or omission which the |
5 |
| owner proves to have been committed or
omitted without |
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| his knowledge or consent;
|
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| (iii) a forfeiture of a conveyance encumbered by a |
8 |
| bona fide security
interest is subject to the interest |
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| of the secured party if he neither had
knowledge of nor |
10 |
| consented to the act or omission;
|
11 |
| (4) all money, things of value, books, records, and |
12 |
| research
products and materials including formulas, |
13 |
| microfilm, tapes, and data which
are used, or intended to |
14 |
| be used in violation of this Act;
|
15 |
| (5) everything of value furnished, or intended to be |
16 |
| furnished, in
exchange for a substance in violation of this |
17 |
| Act, all proceeds traceable
to such an exchange, and all |
18 |
| moneys, negotiable instruments, and securities
used, or |
19 |
| intended to be used, to commit or in any manner to |
20 |
| facilitate
any violation of this Act;
|
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| (6) all real property, including any right, title, and |
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| interest
(including, but not limited to, any leasehold |
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| interest or the beneficial
interest in a land trust) in the |
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| whole of any lot or tract of land and any
appurtenances or |
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| improvements, which is used or intended to be used, in any
|
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| manner or part, to commit, or in any manner to facilitate |
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| the commission
of, any violation or act that constitutes a |
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| violation of Section 401 or 405
of this Act or that is the |
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| proceeds of any violation or act that
constitutes a |
30 |
| violation of Section 401 or 405 of this Act.
|
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| (b) Property subject to forfeiture under this Act may be |
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| seized by the
Director or any peace officer upon process or |
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| seizure warrant issued by
any court having jurisdiction over |
34 |
| the property. Seizure by the Director
or any peace officer |
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|
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LRB094 17675 RLC 56398 a |
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| without process may be made:
|
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| (1) if the seizure is incident to inspection under an |
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| administrative
inspection warrant;
|
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| (2) if the property subject to seizure has been the |
5 |
| subject of a prior
judgment in favor of the State in a |
6 |
| criminal proceeding, or in an injunction
or forfeiture |
7 |
| proceeding based upon this Act or the Drug Asset Forfeiture
|
8 |
| Procedure Act;
|
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| (3) if there is probable cause to believe that the |
10 |
| property is directly
or indirectly dangerous to health or |
11 |
| safety;
|
12 |
| (4) if there is probable cause to believe that the |
13 |
| property is subject
to forfeiture under this Act and the |
14 |
| property is seized under
circumstances in which a |
15 |
| warrantless seizure or arrest would be reasonable; or
|
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| (5) in accordance with the Code of Criminal Procedure |
17 |
| of 1963.
|
18 |
| (c) In the event of seizure pursuant to subsection (b), |
19 |
| forfeiture
proceedings shall be instituted in accordance with |
20 |
| the Drug
Asset Forfeiture Procedure Act.
|
21 |
| (d) Property taken or detained under this Section shall not |
22 |
| be subject
to replevin, but is deemed to be in the custody of |
23 |
| the Director subject
only to the order and judgments of the |
24 |
| circuit court having jurisdiction over
the forfeiture |
25 |
| proceedings and the decisions of the State's Attorney
under the |
26 |
| Drug Asset Forfeiture Procedure Act. When property is seized
|
27 |
| under this Act, the seizing agency shall promptly conduct an |
28 |
| inventory of
the seized property and estimate the property's |
29 |
| value, and shall forward a
copy of the inventory of seized |
30 |
| property and the estimate of the property's
value to the |
31 |
| Director. Upon receiving notice of seizure, the Director may:
|
32 |
| (1) place the property under seal;
|
33 |
| (2) remove the property to a place designated by the |
34 |
| Director;
|
|
|
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09400SB2869sam004 |
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LRB094 17675 RLC 56398 a |
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| (3) keep the property in the possession of the seizing |
2 |
| agency;
|
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| (4) remove the property to a storage area for |
4 |
| safekeeping or, if the
property is a negotiable instrument |
5 |
| or money and is not needed for
evidentiary purposes, |
6 |
| deposit it in an interest bearing account;
|
7 |
| (5) place the property under constructive seizure by |
8 |
| posting notice of
pending forfeiture on it, by giving |
9 |
| notice of pending forfeiture to its
owners and interest |
10 |
| holders, or by filing notice of pending forfeiture in
any |
11 |
| appropriate public record relating to the property; or
|
12 |
| (6) provide for another agency or custodian, including |
13 |
| an owner, secured
party, or lienholder, to take custody of |
14 |
| the property upon the terms and
conditions set by the |
15 |
| Director.
|
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| (e) If the Department of Professional Regulation suspends |
17 |
| or revokes
a registration, all controlled substances owned or |
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| possessed by the
registrant at the time of suspension or the |
19 |
| effective date of the
revocation order may be placed under |
20 |
| seal. No disposition may be made of
substances under seal until |
21 |
| the time for taking an appeal has elapsed or
until all appeals |
22 |
| have been concluded unless a court, upon application
therefor, |
23 |
| orders the sale of perishable substances and the deposit of the
|
24 |
| proceeds of the sale with the court. Upon a revocation rule |
25 |
| becoming final,
all substances may be forfeited to the |
26 |
| Department of Professional
Regulation.
|
27 |
| (f) When property is forfeited under this Act the Director |
28 |
| shall
sell all such property unless such property is required |
29 |
| by law to be
destroyed or is harmful to the public, and shall |
30 |
| distribute the proceeds of
the sale, together with any moneys |
31 |
| forfeited or seized, in accordance
with subsection (g). |
32 |
| However, upon the application of the seizing agency or
|
33 |
| prosecutor who was responsible for the investigation, arrest or |
34 |
| arrests and
prosecution which lead to the forfeiture, the |
|
|
|
09400SB2869sam004 |
- 10 - |
LRB094 17675 RLC 56398 a |
|
|
1 |
| Director may return any item
of forfeited property to the |
2 |
| seizing agency or prosecutor for official use
in the |
3 |
| enforcement of laws relating to cannabis or controlled |
4 |
| substances,
if the agency or prosecutor can demonstrate that |
5 |
| the item requested would
be useful to the agency or prosecutor |
6 |
| in their enforcement efforts. When any forfeited conveyance, |
7 |
| including an aircraft, vehicle, or vessel, is returned to the |
8 |
| seizing agency or prosecutor, the conveyance may be used |
9 |
| immediately in the enforcement of the criminal laws of this |
10 |
| State. Upon disposal, all proceeds from the sale of the |
11 |
| conveyance must be used for drug enforcement purposes. When
any |
12 |
| real property returned to the seizing agency is sold by the |
13 |
| agency or
its unit of government, the proceeds of the sale |
14 |
| shall be delivered to the
Director and distributed in |
15 |
| accordance with subsection (g).
|
16 |
| (g) All monies and the sale proceeds of all other property |
17 |
| forfeited and
seized under this Act shall be distributed as |
18 |
| follows:
|
19 |
| (1) 65% shall be distributed to the metropolitan |
20 |
| enforcement group,
local, municipal, county, or state law |
21 |
| enforcement agency or agencies which
conducted or |
22 |
| participated in the investigation resulting in the |
23 |
| forfeiture.
The distribution shall bear a reasonable |
24 |
| relationship to the degree of
direct participation of the |
25 |
| law enforcement agency in the effort resulting
in the |
26 |
| forfeiture, taking into account the total value of the |
27 |
| property
forfeited and the total law enforcement effort |
28 |
| with respect to the
violation of the law upon which the |
29 |
| forfeiture is based.
Amounts distributed to the agency or |
30 |
| agencies shall be used for the
enforcement of laws |
31 |
| governing cannabis and controlled substances or for |
32 |
| security cameras used for the prevention or detection of |
33 |
| violence , except that
amounts distributed to the Secretary |
34 |
| of State shall be deposited into the
Secretary of State |
|
|
|
09400SB2869sam004 |
- 11 - |
LRB094 17675 RLC 56398 a |
|
|
1 |
| Evidence Fund to be used as provided in Section 2-115 of |
2 |
| the
Illinois Vehicle Code.
|
3 |
| (2) (i) 12.5% shall be distributed to the Office of the |
4 |
| State's
Attorney of the county in which the prosecution |
5 |
| resulting in the forfeiture
was instituted, deposited in a |
6 |
| special fund in the county treasury and
appropriated to the |
7 |
| State's Attorney for use in the enforcement of laws
|
8 |
| governing cannabis and controlled substances. In counties |
9 |
| over 3,000,000
population, 25% will be distributed to the |
10 |
| Office of the State's Attorney for
use in the
enforcement |
11 |
| of laws governing cannabis and controlled substances. If |
12 |
| the
prosecution is undertaken solely by the Attorney |
13 |
| General, the portion
provided hereunder shall be |
14 |
| distributed to the Attorney General for use in
the |
15 |
| enforcement of laws governing cannabis and controlled |
16 |
| substances.
|
17 |
| (ii) 12.5% shall be distributed to the Office of the |
18 |
| State's Attorneys
Appellate Prosecutor and deposited in |
19 |
| the Narcotics Profit Forfeiture Fund
of that office to be |
20 |
| used for additional expenses incurred in the
|
21 |
| investigation, prosecution and appeal of cases arising |
22 |
| under laws governing
cannabis and controlled substances. |
23 |
| The Office of the State's Attorneys
Appellate Prosecutor |
24 |
| shall not receive distribution from cases brought in
|
25 |
| counties with over 3,000,000 population.
|
26 |
| (3) 10% shall be retained by the Department of State |
27 |
| Police for expenses
related to the administration and sale |
28 |
| of seized and forfeited property.
|
29 |
| (h) Species of plants from which controlled substances in |
30 |
| Schedules I
and II may be derived which have been planted or |
31 |
| cultivated in violation of
this Act, or of which the owners or |
32 |
| cultivators are unknown, or which are
wild growths, may be |
33 |
| seized and summarily forfeited to the State. The
failure, upon |
34 |
| demand by the Director or any peace officer, of the person in
|
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LRB094 17675 RLC 56398 a |
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| occupancy or in control of land or premises upon which the |
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| species of
plants are growing or being stored, to produce |
3 |
| registration, or proof that
he is the holder thereof, |
4 |
| constitutes authority for the seizure and
forfeiture of the |
5 |
| plants.
|
6 |
| (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
|
7 |
| Section 15. The Methamphetamine Control and Community |
8 |
| Protection Act is amended by changing Section 85 as follows: |
9 |
| (720 ILCS 646/85)
|
10 |
| Sec. 85. Forfeiture. |
11 |
| (a) The following are subject to forfeiture:
|
12 |
| (1) all substances containing methamphetamine which |
13 |
| have
been produced, manufactured, delivered, or possessed |
14 |
| in violation of this Act;
|
15 |
| (2) all methamphetamine manufacturing materials which |
16 |
| have
been produced, delivered, or possessed in connection |
17 |
| with any substance containing methamphetamine in violation |
18 |
| of this Act;
|
19 |
| (3) all conveyances, including aircraft, vehicles or
|
20 |
| vessels, which are used, or intended for use, to transport, |
21 |
| or in any manner to facilitate the transportation, sale, |
22 |
| receipt, possession, or concealment of property described |
23 |
| in paragraph (1) or (2) that constitutes a felony violation |
24 |
| of the Act, but:
|
25 |
| (i) no conveyance used by any person as a common
|
26 |
| carrier in the transaction of business as a common |
27 |
| carrier is subject to forfeiture under this Section |
28 |
| unless it appears that the owner or other person in |
29 |
| charge of the conveyance is a consenting party or privy |
30 |
| to a violation of this Act;
|
31 |
| (ii) no conveyance is subject to forfeiture
under |
32 |
| this Section by reason of any act or omission which the |
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| owner proves to have been committed or omitted without |
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| his or her knowledge or consent;
|
3 |
| (iii) a forfeiture of a conveyance encumbered by
a |
4 |
| bona fide security interest is subject to the interest |
5 |
| of the secured party if he or she neither had knowledge |
6 |
| of nor consented to the act or omission;
|
7 |
| (4) all money, things of value, books, records, and
|
8 |
| research products and materials including formulas, |
9 |
| microfilm, tapes, and data which are used, or intended for |
10 |
| use in a felony violation of this Act;
|
11 |
| (5) everything of value furnished or intended to be
|
12 |
| furnished by any person in exchange for a substance in |
13 |
| violation of this Act, all proceeds traceable to such an |
14 |
| exchange, and all moneys, negotiable instruments, and |
15 |
| securities used, or intended to be used, to commit or in |
16 |
| any manner to facilitate any felony violation of this Act.
|
17 |
| (6) all real property, including any right, title, and |
18 |
| interest (including, but not limited to, any leasehold |
19 |
| interest or the beneficial interest in a land trust) in the |
20 |
| whole of any lot or tract of land and any appurtenances or |
21 |
| improvements, which is used, or intended to be used, in any |
22 |
| manner or part, to commit, or in any manner to facilitate |
23 |
| the commission of, any violation or act that constitutes a |
24 |
| violation of this Act or that is the proceeds of any |
25 |
| violation or act that constitutes a violation of 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 property subject to seizure has been the
|
32 |
| subject of a prior judgment in favor of the State in a |
33 |
| criminal proceeding or in an injunction or forfeiture |
34 |
| proceeding based upon this Act or the Drug Asset Forfeiture |
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| Procedure Act;
|
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| (2) if there is probable cause to believe that the
|
3 |
| property is directly or indirectly dangerous to health or |
4 |
| safety;
|
5 |
| (3) if there is probable cause to believe that the
|
6 |
| property is subject to forfeiture under this Act and the |
7 |
| property is seized under circumstances in which a |
8 |
| warrantless seizure or arrest would be reasonable; or
|
9 |
| (4) in accordance with the Code of Criminal
Procedure |
10 |
| of 1963.
|
11 |
| (c) In the event of seizure pursuant to subsection (b), |
12 |
| forfeiture proceedings shall be instituted in accordance with |
13 |
| the Drug Asset Forfeiture Procedure Act.
|
14 |
| (d) Property taken or detained under this Section is not |
15 |
| subject to replevin, but is deemed to be in the custody of the |
16 |
| Director subject only to the order and judgments of the circuit |
17 |
| court having jurisdiction over the forfeiture proceedings and |
18 |
| the decisions of the State's Attorney under the Drug Asset |
19 |
| Forfeiture Procedure Act. When property is seized under this |
20 |
| Act, the seizing agency shall promptly conduct an inventory of |
21 |
| the seized property, estimate the property's value, and forward |
22 |
| a copy of the inventory of seized property and the estimate of |
23 |
| the property's value to the Director. Upon receiving notice of |
24 |
| seizure, the Director may:
|
25 |
| (1) place the property under seal;
|
26 |
| (2) remove the property to a place designated by him or |
27 |
| her;
|
28 |
| (3) keep the property in the possession of the
seizing |
29 |
| agency;
|
30 |
| (4) remove the property to a storage area for
|
31 |
| safekeeping or, if the property is a negotiable instrument |
32 |
| or money and is not needed for evidentiary purposes, |
33 |
| deposit it in an interest bearing account;
|
34 |
| (5) place the property under constructive seizure by
|
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| posting notice of pending forfeiture on it, by giving |
2 |
| notice of pending forfeiture to its owners and interest |
3 |
| holders, or by filing notice of pending forfeiture in any |
4 |
| appropriate public record relating to the property; or
|
5 |
| (6) provide for another agency or custodian,
including |
6 |
| an owner, secured party, or lienholder, to take custody of |
7 |
| the property upon the terms and conditions set by the |
8 |
| Director.
|
9 |
| (e) No disposition may be made of property under seal until |
10 |
| the time for taking an appeal has elapsed or until all appeals |
11 |
| have been concluded unless a court, upon application therefor, |
12 |
| orders the sale of perishable substances and the deposit of the |
13 |
| proceeds of the sale with the court.
|
14 |
| (f) When property is forfeited under this Act, the Director |
15 |
| shall sell the property unless the property is required by law |
16 |
| to be destroyed or is harmful to the public, and shall |
17 |
| distribute the proceeds of the sale, together with any moneys |
18 |
| forfeited or seized, in accordance with subsection (g). |
19 |
| However, upon the application of the seizing agency or |
20 |
| prosecutor who was responsible for the investigation, arrest or |
21 |
| arrests and prosecution which lead to the forfeiture, the |
22 |
| Director may return any item of forfeited property to the |
23 |
| seizing agency or prosecutor for official use in the |
24 |
| enforcement of laws relating to methamphetamine, cannabis, or |
25 |
| controlled substances, if the agency or prosecutor |
26 |
| demonstrates that the item requested would be useful to the |
27 |
| agency or prosecutor in their enforcement efforts. When any |
28 |
| forfeited conveyance, including an aircraft, vehicle, or |
29 |
| vessel, is returned to the seizing agency or prosecutor, the |
30 |
| conveyance may be used immediately in the enforcement of the |
31 |
| criminal laws of this State. Upon disposal, all proceeds from |
32 |
| the sale of the conveyance must be used for drug enforcement |
33 |
| purposes. When any real property returned to the seizing agency |
34 |
| is sold by the agency or its unit of government, the proceeds |
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| of the sale shall be delivered to the Director and distributed |
2 |
| in accordance with subsection (g).
|
3 |
| (g) All moneys and the sale proceeds of all other property |
4 |
| forfeited and seized under this Act shall be distributed as |
5 |
| follows:
|
6 |
| (1) 65% shall be distributed to the metropolitan
|
7 |
| enforcement group, local, municipal, county, or State law |
8 |
| enforcement agency or agencies which conducted or |
9 |
| participated in the investigation resulting in the |
10 |
| forfeiture. The distribution shall bear a reasonable |
11 |
| relationship to the degree of direct participation of the |
12 |
| law enforcement agency in the effort resulting in the |
13 |
| forfeiture, taking into account the total value of the |
14 |
| property forfeited and the total law enforcement effort |
15 |
| with respect to the violation of the law upon which the |
16 |
| forfeiture is based. Amounts distributed to the agency or |
17 |
| agencies shall be used for the enforcement of laws |
18 |
| governing methamphetamine, cannabis, and controlled |
19 |
| substances or for security cameras used for the prevention |
20 |
| or detection of violence , except that amounts distributed |
21 |
| to the Secretary of State shall be deposited into the |
22 |
| Secretary of State Evidence Fund to be used as provided in |
23 |
| Section 2-115 of the Illinois Vehicle Code.
|
24 |
| (2)(i) 12.5% shall be distributed to the Office of
the |
25 |
| State's Attorney of the county in which the prosecution |
26 |
| resulting in the forfeiture was instituted, deposited in a |
27 |
| special fund in the county treasury and appropriated to the |
28 |
| State's Attorney for use in the enforcement of laws |
29 |
| governing methamphetamine, cannabis, and controlled |
30 |
| substances. In counties with a population over 3,000,000, |
31 |
| 25% shall be distributed to the Office of the State's |
32 |
| Attorney for use in the enforcement of laws governing |
33 |
| methamphetamine, cannabis, and controlled substances. If |
34 |
| the prosecution is undertaken solely by the Attorney |
|
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| General, the portion provided hereunder shall be |
2 |
| distributed to the Attorney General for use in the |
3 |
| enforcement of laws governing methamphetamine, cannabis, |
4 |
| and controlled substances.
|
5 |
| (ii) 12.5% shall be distributed to the Office of
the |
6 |
| State's Attorneys Appellate Prosecutor and deposited in |
7 |
| the Narcotics Profit Forfeiture Fund of that Office to be |
8 |
| used for additional expenses incurred in the |
9 |
| investigation, prosecution and appeal of cases arising |
10 |
| under laws governing methamphetamine, cannabis, and |
11 |
| controlled substances. The Office of the State's Attorneys |
12 |
| Appellate Prosecutor shall not receive distribution from |
13 |
| cases brought in counties with a population over 3,000,000.
|
14 |
| (3) 10% shall be retained by the Department of State
|
15 |
| Police for expenses related to the administration and sale |
16 |
| of seized and forfeited property.
|
17 |
| (Source: P.A. 94-556, eff. 9-11-05.)
|
18 |
| Section 99. Effective date. This Act takes effect upon |
19 |
| becoming law.".
|