Illinois General Assembly - Bill Status for SB 3778

Amends the Code of Criminal Procedure of 1963. Adds the State's Attorney's Investigative Subpoenas Article to the Code. Provides that at any time prior to the commencement of a prosecution and upon written application by the State's Attorney, the circuit court shall cause the clerk of the court to issue subpoenas ad testificandum or duces tecum directed to the sheriff or coroner of any county in the State for the purpose of obtaining the testimony of any person or any document or material relevant to a criminal matter being investigated by the State's Attorney. Establishes procedures under which the State's Attorney may apply for the issuance of such subpoenas. Provides that the State's Attorney shall promptly provide a complete transcript or electronic recording of all testimony taken pursuant to a subpoena issued under this Article to the court that issued the subpoena. Provides for disclosure of the existence of the subpoena issued or materials obtained pursuant to the Article to an attorney representing a person or other entity subpoenaed. Provides that the Attorney General, in cooperation with the Illinois State's Attorney Association, shall annually provide a course of training to the State's Attorneys, in the legal, ethical, and practical aspects of the provisions of the Article relating to investigation and prosecutorial functions. Effective immediately.

Replaces everything after the enacting clause. Amends the Drug Asset Forfeiture Procedure Act. Provides that within 21 (rather than 14) days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. Provides that if the preliminary review to determine whether there is probable cause that the property may be subject to forfeiture is not conducted simultaneously with a preliminary examination under the Code of Criminal Procedure of 1963, the court's findings shall not constitute a collateral estoppel to the filing of criminal charges. Provides that for purposes of non-judicial forfeiture and judicial in rem proceedings under the Act, the notification to the State's Attorney shall only be perfected by the delivery of the Illinois State Police approved form 4-64. Provides that if property seized under the provisions of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is non-real property that exceeds $150,000 (rather than $20,000) in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim and a cost bond, the judicial in rem procedures shall apply. Effective immediately.

Amends the Criminal Code of 1961 relating to the Seizure And Forfeiture of Vessels, Vehicles, and Aircraft Article of the Code. Provides that within 21 (rather than 14) days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. Provides that if the preliminary review is not conducted simultaneously with the preliminary examination under the Code of Criminal Procedure of 1963, the court's findings shall not constitute a collateral estoppel to the filing of criminal charges. Eliminates provision that upon making a finding of probable cause, and after taking into account the respective interests of all known claimants to the property including the State, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing is conducted. Makes a technical change in the preliminary review provision of the Drug Asset Forfeiture Procedure Act.

Date	Chamber	Action
1/8/2013	Senate	Session Sine Die

Date	Chamber	Action
2/10/2012	Senate	Filed with Secretary by Sen. William R. Haine
2/10/2012	Senate	First Reading
2/10/2012	Senate	Referred to Assignments
2/24/2012	Senate	Assigned to Judiciary
3/7/2012	Senate	Postponed - Judiciary
3/9/2012	Senate	Rule 2-10 Committee Deadline Established As March 30, 2012
3/12/2012	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
3/12/2012	Senate	Senate Committee Amendment No. 1 Referred to Assignments
3/19/2012	Senate	Senate Committee Amendment No. 2 Filed with Secretary by Sen. William R. Haine
3/19/2012	Senate	Senate Committee Amendment No. 2 Referred to Assignments
3/22/2012	Senate	Senate Committee Amendment No. 1 Assignments Refers to Judiciary
3/22/2012	Senate	Senate Committee Amendment No. 2 Assignments Refers to Judiciary
3/26/2012	Senate	Senate Committee Amendment No. 1 Adopted
3/26/2012	Senate	Senate Committee Amendment No. 2 Adopted
3/27/2012	Senate	Do Pass as Amended Judiciary; 009-000-000
3/27/2012	Senate	Placed on Calendar Order of 2nd Reading March 28, 2012
3/28/2012	Senate	Second Reading
3/28/2012	Senate	Placed on Calendar Order of 3rd Reading March 29, 2012
3/29/2012	Senate	Third Reading - Passed; 052-000-000
3/29/2012	House	Arrived in House
3/29/2012	House	Chief House Sponsor Rep. Dennis M. Reboletti
3/29/2012	House	Placed on Calendar Order of First Reading
3/29/2012	House	First Reading
3/29/2012	House	Referred to Rules Committee
1/8/2013	Senate	Session Sine Die

	Deletes reference to:
	725 ILCS 5/Art. 108C heading new

	Adds reference to:
	725 ILCS 150/3.5

	Adds reference to:
	720 ILCS 5/36-1.5