Bill Status of HB 5592   95th General Assembly

Short Description:  CRIM CD-FORFEITURE PROCEEDS

House Sponsors
Rep. Dennis M. Reboletti-Harry R. Ramey, Jr.

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/36-2from Ch. 38, par. 36-2

Synopsis As Introduced
Amends the Criminal Code of 1961 in relation to the distribution of the proceeds from the sale at public auction of forfeited vehicles, vessels, and aircraft. Provides that: (1) 65% of the proceeds shall be distributed to the local, municipal, county, sheriff, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture; (2) 25% shall be distributed to the Office of the State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted; and (3) 10% shall be retained by the Department of State Police for expenses related to the administration and sale of forfeited property. Provides for the deduction of actual, but reasonable, charges and expenses incurred by the sheriff in storing such vehicles, vessels, and aircraft. Effective immediately.

House Amendment No. 1
Adds reference to:
720 ILCS 5/36-1from Ch. 38, par. 36-1

Provides that a vehicle may be seized and forfeited if the owner was convicted of an offense of driving while license suspended if the license of the driver of the vehicle is suspended for driving under the influence by a person under 21 years of age or an offense of driving while license suspended or revoked based on refusal to submit to a test to determine if the driver was driving under the influence in another state. Provides for delivery of the seized vehicle to the sheriff within 30 days after seizure. Provides that any peace officer employed by a law enforcement agency of the State may request the issuance of a warrant authorizing the seizure of any motor vehicle in the same manner as provided for a search warrant. Provides that if the court determines that there is probable cause to believe that the motor vehicle to be seized is subject to forfeiture, the court shall issue a warrant authorizing the seizure of such motor vehicle. Provides that when a vehicle, vessel, or aircraft is ordered sold at public auction, the Director of State Police shall sell such vehicle, vessel, or aircraft. Makes other changes.

Actions 
DateChamber Action
  2/15/2008HouseFiled with the Clerk by Rep. Dennis M. Reboletti
  2/15/2008HouseFirst Reading
  2/15/2008HouseReferred to Rules Committee
  3/5/2008HouseAssigned to Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-001-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  4/2/2008HouseAdded Chief Co-Sponsor Rep. Harry R. Ramey, Jr.
  4/16/2008HouseHouse Amendment No. 1 Fiscal Note Requested as Amended by Rep. Robert S. Molaro
  4/16/2008HouseHouse Amendment No. 1 Home Rule Note Requested as Amended by Rep. Robert S. Molaro
  4/17/2008HouseHouse Amendment No. 1 Fiscal Note Requested as Amended - Withdrawn by Rep. Robert S. Molaro
  4/17/2008HouseHouse Amendment No. 1 Home Rule Note Requested as Amended - Withdrawn by Rep. Robert S. Molaro
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/29/2008HouseSecond Reading - Short Debate
  5/29/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/31/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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