HB5592 95TH GENERAL ASSEMBLY

LRB095 16686 RLC 42717 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5592

Introduced , by Rep. Dennis M. Reboletti

SYNOPSIS AS INTRODUCED:

720 ILCS 5/36-2

from Ch. 38, par. 36-2

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by changing Section 36-2 as follows:

(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)

Sec. 36-2. Action for forfeiture. (a) The State's Attorney in the county in which such seizure occurs if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the owner of the vessel, vehicle or aircraft or any person whose right, title or interest is of record as described in Section 36-1, to violate the law, or finds the existence of such mitigating circumstances as to justify remission of the forfeiture, may cause the sheriff to remit the same upon such terms and conditions as the State's Attorney deems reasonable and just. The State's Attorney shall exercise his discretion under the foregoing provision of this Section 36-2(a) promptly after notice is given in accordance with Section 36-1. If the State's Attorney does not cause the forfeiture to be remitted he shall forthwith bring an action for forfeiture in the Circuit Court within whose jurisdiction the seizure and confiscation has taken place. The State's Attorney shall give notice of the forfeiture proceeding by mailing a copy of the Complaint in the forfeiture proceeding to the persons, and upon the manner, set forth in Section 36-1. The owner of the seized vessel, vehicle or aircraft or any person whose right, title, or interest is of record as described in Section 36-1, may within 20 days after the mailing of such notice file a verified answer to the Complaint and may appear at the hearing on the action for forfeiture. The State shall show at such hearing by a preponderance of the evidence, that such vessel, vehicle or aircraft was used in the commission of an offense described in Section 36-1. The owner of such vessel, vehicle or aircraft or any person whose right, title, or interest is of record as described in Section 36-1, may show by a preponderance of the evidence that he did not know, and did not have reason to know, that the vessel, vehicle or aircraft was to be used in the commission of such an offense or that any of the exceptions set forth in Section 36-3 are applicable. Unless the State shall make such showing, the Court shall order such vessel, vehicle or aircraft released to the owner. Where the State has made such showing, the Court may order the vessel, vehicle or aircraft destroyed; may order it delivered to any local, municipal or county law enforcement agency, or the Department of State Police or the Department of Revenue of the State of Illinois; or may order it sold at public auction.

(b) A copy of the order shall be filed with the sheriff of the county in which the seizure occurs and with each Federal or State office or agency with which such vessel, vehicle or aircraft is required to be registered. Such order, when filed, constitutes authority for the issuance of clear title to such vehicle, aircraft, or boat to the department or agency to whom it is delivered or any purchaser thereof. The sheriff shall comply promptly with instructions to remit received from the State's Attorney or Attorney General in accordance with Sections 36-2(a) or 36-3.

(c) The proceeds of any sale at public auction pursuant to Section 36-2 of this Act, after payment of all liens and deductions deduction of the actual, but reasonable charges and expenses incurred by the sheriff in storing and selling such vessels, vehicles, and aircraft vehicle, shall be distributed as follows: paid into the general fund of the county of seizure.

(1) 65% 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. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based. Amounts distributed to the agency or agencies shall be used in the enforcement of the criminal law and the Illinois Vehicle Code.

(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. Amounts distributed shall be used in the enforcement of the criminal laws and the Illinois Vehicle Code. If the prosecution is undertaken solely by the Attorney General, the portion provided hereunder shall be distributed to the Attorney General for use in the enforcement of the criminal laws and the Illinois Vehicle Code.

(3) 10% shall be retained by the Department of State Police for expenses related to the administration and sale of forfeited property.

(Source: P.A. 84-25.)

Section 99. Effective date. This Act takes effect upon becoming law.