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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2038
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey SYNOPSIS AS INTRODUCED:
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Amends the Illinois Streetgang Terrorism Omnibus Prevention Act. Makes a
technical change in provisions concerning contraband.
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A BILL FOR
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HB2038 |
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LRB096 05520 AJO 15586 b |
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| AN ACT concerning civil law.
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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
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 of the date of the seizure of contraband |
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| under this
Section, the State's Attorney shall initiate |
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| forfeiture proceedings as
provided
in Article 36 of the |
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| Criminal Code of 1961. An owner or person who has a lien
on the |
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| 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. |