SB2869 Enrolled LRB094 17675 RLC 52973 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Cannabis Control Act is amended by changing
5 Section 12 as follows:
 
6     (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
7     Sec. 12. (a) The following are subject to forfeiture:
8         (1) all substances containing cannabis which have been
9     produced, manufactured, delivered, or possessed in
10     violation of this Act;
11         (2) all raw materials, products and equipment of any
12     kind which are produced, delivered, or possessed in
13     connection with any substance containing cannabis in
14     violation of this Act;
15         (3) all conveyances, including aircraft, vehicles or
16     vessels, which are used, or intended for use, to transport,
17     or in any manner to facilitate the transportation, sale,
18     receipt, possession, or concealment of property described
19     in paragraph (1) or (2) that constitutes a felony violation
20     of the Act, but:
21             (i) no conveyance used by any person as a common
22         carrier in the transaction of business as a common
23         carrier is subject to forfeiture under this Section
24         unless it appears that the owner or other person in
25         charge of the conveyance is a consenting party or privy
26         to a violation of this Act;
27             (ii) no conveyance is subject to forfeiture under
28         this Section by reason of any act or omission which the
29         owner proves to have been committed or omitted without
30         his knowledge or consent;
31             (iii) a forfeiture of a conveyance encumbered by a
32         bona fide security interest is subject to the interest

 

 

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1         of the secured party if he neither had knowledge of nor
2         consented to the act or omission;
3         (4) all money, things of value, books, records, and
4     research products and materials including formulas,
5     microfilm, tapes, and data which are used, or intended for
6     use in a felony violation of this Act;
7         (5) everything of value furnished or intended to be
8     furnished by any person in exchange for a substance in
9     violation of this Act, all proceeds traceable to such an
10     exchange, and all moneys, negotiable instruments, and
11     securities used, or intended to be used, to commit or in
12     any manner to facilitate any felony violation of this Act.
13     (b) Property subject to forfeiture under this Act may be
14 seized by the Director or any peace officer upon process or
15 seizure warrant issued by any court having jurisdiction over
16 the property. Seizure by the Director or any peace officer
17 without process may be made:
18         (1) if the property subject to seizure has been the
19     subject of a prior judgment in favor of the State in a
20     criminal proceeding or in an injunction or forfeiture
21     proceeding based upon this Act or the Drug Asset Forfeiture
22     Procedure Act;
23         (2) if there is probable cause to believe that the
24     property is directly or indirectly dangerous to health or
25     safety;
26         (3) if there is probable cause to believe that the
27     property is subject to forfeiture under this Act and the
28     property is seized under circumstances in which a
29     warrantless seizure or arrest would be reasonable; or
30         (4) in accordance with the Code of Criminal Procedure
31     of 1963.
32     (c) In the event of seizure pursuant to subsection (b),
33 forfeiture proceedings shall be instituted in accordance with
34 the Drug Asset Forfeiture Procedure Act.
35     (d) Property taken or detained under this Section shall not
36 be subject to replevin, but is deemed to be in the custody of

 

 

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1 the Director subject only to the order and judgments of the
2 circuit court having jurisdiction over the forfeiture
3 proceedings and the decisions of the State's Attorney under the
4 Drug Asset Forfeiture Procedure Act. When property is seized
5 under this Act, the seizing agency shall promptly conduct an
6 inventory of the seized property, estimate the property's
7 value, and shall forward a copy of the inventory of seized
8 property and the estimate of the property's value to the
9 Director. Upon receiving notice of seizure, the Director may:
10         (1) place the property under seal;
11         (2) remove the property to a place designated by him;
12         (3) keep the property in the possession of the seizing
13     agency;
14         (4) remove the property to a storage area for
15     safekeeping or, if the property is a negotiable instrument
16     or money and is not needed for evidentiary purposes,
17     deposit it in an interest bearing account;
18         (5) place the property under constructive seizure by
19     posting notice of pending forfeiture on it, by giving
20     notice of pending forfeiture to its owners and interest
21     holders, or by filing notice of pending forfeiture in any
22     appropriate public record relating to the property; or
23         (6) provide for another agency or custodian, including
24     an owner, secured party, or lienholder, to take custody of
25     the property upon the terms and conditions set by the
26     Director.
27     (e) No disposition may be made of property under seal until
28 the time for taking an appeal has elapsed or until all appeals
29 have been concluded unless a court, upon application therefor,
30 orders the sale of perishable substances and the deposit of the
31 proceeds of the sale with the court.
32     (f) When property is forfeited under this Act the Director
33 shall sell all such property unless such property is required
34 by law to be destroyed or is harmful to the public, and shall
35 distribute the proceeds of the sale, together with any moneys
36 forfeited or seized, in accordance with subsection (g).

 

 

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1 However, upon the application of the seizing agency or
2 prosecutor who was responsible for the investigation, arrest or
3 arrests and prosecution which lead to the forfeiture, the
4 Director may return any item of forfeited property to the
5 seizing agency or prosecutor for official use in the
6 enforcement of laws relating to cannabis or controlled
7 substances, if the agency or prosecutor can demonstrate that
8 the item requested would be useful to the agency or prosecutor
9 in their enforcement efforts. When any forfeited conveyance,
10 including an aircraft, vehicle, or vessel, is returned to the
11 seizing agency or prosecutor, the conveyance may be used
12 immediately in the enforcement of the criminal laws of this
13 State. Upon disposal, all proceeds from the sale of the
14 conveyance must be used for drug enforcement purposes. When any
15 real property returned to the seizing agency is sold by the
16 agency or its unit of government, the proceeds of the sale
17 shall be delivered to the Director and distributed in
18 accordance with subsection (g).
19     (g) All monies and the sale proceeds of all other property
20 forfeited and seized under this Act shall be distributed as
21 follows:
22         (1) 65% shall be distributed to the metropolitan
23     enforcement group, local, municipal, county, or state law
24     enforcement agency or agencies which conducted or
25     participated in the investigation resulting in the
26     forfeiture. The distribution shall bear a reasonable
27     relationship to the degree of direct participation of the
28     law enforcement agency in the effort resulting in the
29     forfeiture, taking into account the total value of the
30     property forfeited and the total law enforcement effort
31     with respect to the violation of the law upon which the
32     forfeiture is based. Amounts distributed to the agency or
33     agencies shall be used for the enforcement of laws
34     governing cannabis and controlled substances or for
35     security cameras used for the prevention or detection of
36     violence, except that amounts distributed to the Secretary

 

 

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1     of State shall be deposited into the Secretary of State
2     Evidence Fund to be used as provided in Section 2-115 of
3     the Illinois Vehicle Code.
4         (2)(i) 12.5% shall be distributed to the Office of the
5         State's Attorney of the county in which the prosecution
6         resulting in the forfeiture was instituted, deposited
7         in a special fund in the county treasury and
8         appropriated to the State's Attorney for use in the
9         enforcement of laws governing cannabis and controlled
10         substances. In counties over 3,000,000 population, 25%
11         will be distributed to the Office of the State's
12         Attorney for use in the enforcement of laws governing
13         cannabis and controlled substances. If the prosecution
14         is undertaken solely by the Attorney General, the
15         portion provided hereunder shall be distributed to the
16         Attorney General for use in the enforcement of laws
17         governing cannabis and controlled substances.
18             (ii) 12.5% shall be distributed to the Office of
19         the State's Attorneys Appellate Prosecutor and
20         deposited in the Narcotics Profit Forfeiture Fund of
21         that Office to be used for additional expenses incurred
22         in the investigation, prosecution and appeal of cases
23         arising under laws governing cannabis and controlled
24         substances. The Office of the State's Attorneys
25         Appellate Prosecutor shall not receive distribution
26         from cases brought in counties with over 3,000,000
27         population.
28         (3) 10% shall be retained by the Department of State
29     Police for expenses related to the administration and sale
30     of seized and forfeited property.
31 (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
 
32     Section 10. The Illinois Controlled Substances Act is
33 amended by changing Section 505 as follows:
 
34     (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)

 

 

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1     Sec. 505. (a) The following are subject to forfeiture:
2         (1) all substances which have been manufactured,
3     distributed, dispensed, or possessed in violation of this
4     Act;
5         (2) all raw materials, products and equipment of any
6     kind which are used, or intended for use in manufacturing,
7     distributing, dispensing, administering or possessing any
8     substance in violation of this Act;
9         (3) all conveyances, including aircraft, vehicles or
10     vessels, which are used, or intended for use, to transport,
11     or in any manner to facilitate the transportation, sale,
12     receipt, possession, or concealment of property described
13     in paragraphs (1) and (2), but:
14             (i) no conveyance used by any person as a common
15         carrier in the transaction of business as a common
16         carrier is subject to forfeiture under this Section
17         unless it appears that the owner or other person in
18         charge of the conveyance is a consenting party or privy
19         to a violation of this Act;
20             (ii) no conveyance is subject to forfeiture under
21         this Section by reason of any act or omission which the
22         owner proves to have been committed or omitted without
23         his knowledge or consent;
24             (iii) a forfeiture of a conveyance encumbered by a
25         bona fide security interest is subject to the interest
26         of the secured party if he neither had knowledge of nor
27         consented to the act or omission;
28         (4) all money, things of value, books, records, and
29     research products and materials including formulas,
30     microfilm, tapes, and data which are used, or intended to
31     be used in violation of this Act;
32         (5) everything of value furnished, or intended to be
33     furnished, in exchange for a substance in violation of this
34     Act, all proceeds traceable to such an exchange, and all
35     moneys, negotiable instruments, and securities used, or
36     intended to be used, to commit or in any manner to

 

 

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1     facilitate any violation of this Act;
2         (6) all real property, including any right, title, and
3     interest (including, but not limited to, any leasehold
4     interest or the beneficial interest in a land trust) in the
5     whole of any lot or tract of land and any appurtenances or
6     improvements, which is used or intended to be used, in any
7     manner or part, to commit, or in any manner to facilitate
8     the commission of, any violation or act that constitutes a
9     violation of Section 401 or 405 of this Act or that is the
10     proceeds of any violation or act that constitutes a
11     violation of Section 401 or 405 of this Act.
12     (b) Property subject to forfeiture under this Act may be
13 seized by the Director or any peace officer upon process or
14 seizure warrant issued by any court having jurisdiction over
15 the property. Seizure by the Director or any peace officer
16 without process may be made:
17         (1) if the seizure is incident to inspection under an
18     administrative inspection warrant;
19         (2) if the property subject to seizure has been the
20     subject of a prior judgment in favor of the State in a
21     criminal proceeding, or in an injunction or forfeiture
22     proceeding based upon this Act or the Drug Asset Forfeiture
23     Procedure Act;
24         (3) if there is probable cause to believe that the
25     property is directly or indirectly dangerous to health or
26     safety;
27         (4) if there is probable cause to believe that the
28     property is subject to forfeiture under this Act and the
29     property is seized under circumstances in which a
30     warrantless seizure or arrest would be reasonable; or
31         (5) in accordance with the Code of Criminal Procedure
32     of 1963.
33     (c) In the event of seizure pursuant to subsection (b),
34 forfeiture proceedings shall be instituted in accordance with
35 the Drug Asset Forfeiture Procedure Act.
36     (d) Property taken or detained under this Section shall not

 

 

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1 be subject to replevin, but is deemed to be in the custody of
2 the Director subject only to the order and judgments of the
3 circuit court having jurisdiction over the forfeiture
4 proceedings and the decisions of the State's Attorney under the
5 Drug Asset Forfeiture Procedure Act. When property is seized
6 under this Act, the seizing agency shall promptly conduct an
7 inventory of the seized property and estimate the property's
8 value, and shall forward a copy of the inventory of seized
9 property and the estimate of the property's value to the
10 Director. Upon receiving notice of seizure, the Director may:
11         (1) place the property under seal;
12         (2) remove the property to a place designated by the
13     Director;
14         (3) keep the property in the possession of the seizing
15     agency;
16         (4) remove the property to a storage area for
17     safekeeping or, if the property is a negotiable instrument
18     or money and is not needed for evidentiary purposes,
19     deposit it in an interest bearing account;
20         (5) place the property under constructive seizure by
21     posting notice of pending forfeiture on it, by giving
22     notice of pending forfeiture to its owners and interest
23     holders, or by filing notice of pending forfeiture in any
24     appropriate public record relating to the property; or
25         (6) provide for another agency or custodian, including
26     an owner, secured party, or lienholder, to take custody of
27     the property upon the terms and conditions set by the
28     Director.
29     (e) If the Department of Professional Regulation suspends
30 or revokes a registration, all controlled substances owned or
31 possessed by the registrant at the time of suspension or the
32 effective date of the revocation order may be placed under
33 seal. No disposition may be made of substances under seal until
34 the time for taking an appeal has elapsed or until all appeals
35 have been concluded unless a court, upon application therefor,
36 orders the sale of perishable substances and the deposit of the

 

 

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1 proceeds of the sale with the court. Upon a revocation rule
2 becoming final, all substances may be forfeited to the
3 Department of Professional Regulation.
4     (f) When property is forfeited under this Act the Director
5 shall sell all such property unless such property is required
6 by law to be destroyed or is harmful to the public, and shall
7 distribute the proceeds of the sale, together with any moneys
8 forfeited or seized, in accordance with subsection (g).
9 However, upon the application of the seizing agency or
10 prosecutor who was responsible for the investigation, arrest or
11 arrests and prosecution which lead to the forfeiture, the
12 Director may return any item of forfeited property to the
13 seizing agency or prosecutor for official use in the
14 enforcement of laws relating to cannabis or controlled
15 substances, if the agency or prosecutor can demonstrate that
16 the item requested would be useful to the agency or prosecutor
17 in their enforcement efforts. When any forfeited conveyance,
18 including an aircraft, vehicle, or vessel, is returned to the
19 seizing agency or prosecutor, the conveyance may be used
20 immediately in the enforcement of the criminal laws of this
21 State. Upon disposal, all proceeds from the sale of the
22 conveyance must be used for drug enforcement purposes. When any
23 real property returned to the seizing agency is sold by the
24 agency or its unit of government, the proceeds of the sale
25 shall be delivered to the Director and distributed in
26 accordance with subsection (g).
27     (g) All monies and the sale proceeds of all other property
28 forfeited and seized under this Act shall be distributed as
29 follows:
30         (1) 65% shall be distributed to the metropolitan
31     enforcement group, local, municipal, county, or state law
32     enforcement agency or agencies which conducted or
33     participated in the investigation resulting in the
34     forfeiture. The distribution shall bear a reasonable
35     relationship to the degree of direct participation of the
36     law enforcement agency in the effort resulting in the

 

 

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1     forfeiture, taking into account the total value of the
2     property forfeited and the total law enforcement effort
3     with respect to the violation of the law upon which the
4     forfeiture is based. Amounts distributed to the agency or
5     agencies shall be used for the enforcement of laws
6     governing cannabis and controlled substances or for
7     security cameras used for the prevention or detection of
8     violence, except that amounts distributed to the Secretary
9     of State shall be deposited into the Secretary of State
10     Evidence Fund to be used as provided in Section 2-115 of
11     the Illinois Vehicle Code.
12         (2) (i) 12.5% shall be distributed to the Office of the
13     State's Attorney of the county in which the prosecution
14     resulting in the forfeiture was instituted, deposited in a
15     special fund in the county treasury and appropriated to the
16     State's Attorney for use in the enforcement of laws
17     governing cannabis and controlled substances. In counties
18     over 3,000,000 population, 25% will be distributed to the
19     Office of the State's Attorney for use in the enforcement
20     of laws governing cannabis and controlled substances. If
21     the prosecution is undertaken solely by the Attorney
22     General, the portion provided hereunder shall be
23     distributed to the Attorney General for use in the
24     enforcement of laws governing cannabis and controlled
25     substances.
26         (ii) 12.5% shall be distributed to the Office of the
27     State's Attorneys Appellate Prosecutor and deposited in
28     the Narcotics Profit Forfeiture Fund of that office to be
29     used for additional expenses incurred in the
30     investigation, prosecution and appeal of cases arising
31     under laws governing cannabis and controlled substances.
32     The Office of the State's Attorneys Appellate Prosecutor
33     shall not receive distribution from cases brought in
34     counties with over 3,000,000 population.
35         (3) 10% shall be retained by the Department of State
36     Police for expenses related to the administration and sale

 

 

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1     of seized and forfeited property.
2     (h) Species of plants from which controlled substances in
3 Schedules I and II may be derived which have been planted or
4 cultivated in violation of this Act, or of which the owners or
5 cultivators are unknown, or which are wild growths, may be
6 seized and summarily forfeited to the State. The failure, upon
7 demand by the Director or any peace officer, of the person in
8 occupancy or in control of land or premises upon which the
9 species of plants are growing or being stored, to produce
10 registration, or proof that he is the holder thereof,
11 constitutes authority for the seizure and forfeiture of the
12 plants.
13 (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
 
14     Section 15. The Methamphetamine Control and Community
15 Protection Act is amended by changing Section 85 as follows:
 
16     (720 ILCS 646/85)
17     Sec. 85. Forfeiture.
18     (a) The following are subject to forfeiture:
19         (1) all substances containing methamphetamine which
20     have been produced, manufactured, delivered, or possessed
21     in violation of this Act;
22         (2) all methamphetamine manufacturing materials which
23     have been produced, delivered, or possessed in connection
24     with any substance containing methamphetamine in violation
25     of this Act;
26         (3) all conveyances, including aircraft, vehicles or
27     vessels, which are used, or intended for use, to transport,
28     or in any manner to facilitate the transportation, sale,
29     receipt, possession, or concealment of property described
30     in paragraph (1) or (2) that constitutes a felony violation
31     of the Act, but:
32             (i) no conveyance used by any person as a common
33         carrier in the transaction of business as a common
34         carrier is subject to forfeiture under this Section

 

 

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1         unless it appears that the owner or other person in
2         charge of the conveyance is a consenting party or privy
3         to a violation of this Act;
4             (ii) no conveyance is subject to forfeiture under
5         this Section by reason of any act or omission which the
6         owner proves to have been committed or omitted without
7         his or her knowledge or consent;
8             (iii) a forfeiture of a conveyance encumbered by a
9         bona fide security interest is subject to the interest
10         of the secured party if he or she neither had knowledge
11         of nor consented to the act or omission;
12         (4) all money, things of value, books, records, and
13     research products and materials including formulas,
14     microfilm, tapes, and data which are used, or intended for
15     use in a felony violation of this Act;
16         (5) everything of value furnished or intended to be
17     furnished by any person in exchange for a substance in
18     violation of this Act, all proceeds traceable to such an
19     exchange, and all moneys, negotiable instruments, and
20     securities used, or intended to be used, to commit or in
21     any manner to facilitate any felony violation of this Act.
22         (6) all real property, including any right, title, and
23     interest (including, but not limited to, any leasehold
24     interest or the beneficial interest in a land trust) in the
25     whole of any lot or tract of land and any appurtenances or
26     improvements, which is used, or intended to be used, in any
27     manner or part, to commit, or in any manner to facilitate
28     the commission of, any violation or act that constitutes a
29     violation of this Act or that is the proceeds of any
30     violation or act that constitutes a violation of this Act.
31     (b) Property subject to forfeiture under this Act may be
32 seized by the Director or any peace officer upon process or
33 seizure warrant issued by any court having jurisdiction over
34 the property. Seizure by the Director or any peace officer
35 without process may be made:
36         (1) if the property subject to seizure has been the

 

 

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1     subject of a prior judgment in favor of the State in a
2     criminal proceeding or in an injunction or forfeiture
3     proceeding based upon this Act or the Drug Asset Forfeiture
4     Procedure Act;
5         (2) if there is probable cause to believe that the
6     property is directly or indirectly dangerous to health or
7     safety;
8         (3) if there is probable cause to believe that the
9     property is subject to forfeiture under this Act and the
10     property is seized under circumstances in which a
11     warrantless seizure or arrest would be reasonable; or
12         (4) in accordance with the Code of Criminal Procedure
13     of 1963.
14     (c) In the event of seizure pursuant to subsection (b),
15 forfeiture proceedings shall be instituted in accordance with
16 the Drug Asset Forfeiture Procedure Act.
17     (d) Property taken or detained under this Section is not
18 subject to replevin, but is deemed to be in the custody of the
19 Director subject only to the order and judgments of the circuit
20 court having jurisdiction over the forfeiture proceedings and
21 the decisions of the State's Attorney under the Drug Asset
22 Forfeiture Procedure Act. When property is seized under this
23 Act, the seizing agency shall promptly conduct an inventory of
24 the seized property, estimate the property's value, and forward
25 a copy of the inventory of seized property and the estimate of
26 the property's value to the Director. Upon receiving notice of
27 seizure, the Director may:
28         (1) place the property under seal;
29         (2) remove the property to a place designated by him or
30     her;
31         (3) keep the property in the possession of the seizing
32     agency;
33         (4) remove the property to a storage area for
34     safekeeping or, if the property is a negotiable instrument
35     or money and is not needed for evidentiary purposes,
36     deposit it in an interest bearing account;

 

 

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1         (5) place the property under constructive seizure by
2     posting notice of pending forfeiture on it, by giving
3     notice of pending forfeiture to its owners and interest
4     holders, or by filing notice of pending forfeiture in any
5     appropriate public record relating to the property; or
6         (6) provide for another agency or custodian, including
7     an owner, secured party, or lienholder, to take custody of
8     the property upon the terms and conditions set by the
9     Director.
10     (e) No disposition may be made of property under seal until
11 the time for taking an appeal has elapsed or until all appeals
12 have been concluded unless a court, upon application therefor,
13 orders the sale of perishable substances and the deposit of the
14 proceeds of the sale with the court.
15     (f) When property is forfeited under this Act, the Director
16 shall sell the property unless the property is required by law
17 to be destroyed or is harmful to the public, and shall
18 distribute the proceeds of the sale, together with any moneys
19 forfeited or seized, in accordance with subsection (g).
20 However, upon the application of the seizing agency or
21 prosecutor who was responsible for the investigation, arrest or
22 arrests and prosecution which lead to the forfeiture, the
23 Director may return any item of forfeited property to the
24 seizing agency or prosecutor for official use in the
25 enforcement of laws relating to methamphetamine, cannabis, or
26 controlled substances, if the agency or prosecutor
27 demonstrates that the item requested would be useful to the
28 agency or prosecutor in their enforcement efforts. When any
29 forfeited conveyance, including an aircraft, vehicle, or
30 vessel, is returned to the seizing agency or prosecutor, the
31 conveyance may be used immediately in the enforcement of the
32 criminal laws of this State. Upon disposal, all proceeds from
33 the sale of the conveyance must be used for drug enforcement
34 purposes. When any real property returned to the seizing agency
35 is sold by the agency or its unit of government, the proceeds
36 of the sale shall be delivered to the Director and distributed

 

 

SB2869 Enrolled - 15 - LRB094 17675 RLC 52973 b

1 in accordance with subsection (g).
2     (g) All moneys and the sale proceeds of all other property
3 forfeited and seized under this Act shall be distributed as
4 follows:
5         (1) 65% shall be distributed to the metropolitan
6     enforcement group, local, municipal, county, or State law
7     enforcement agency or agencies which conducted or
8     participated in the investigation resulting in the
9     forfeiture. The distribution shall bear a reasonable
10     relationship to the degree of direct participation of the
11     law enforcement agency in the effort resulting in the
12     forfeiture, taking into account the total value of the
13     property forfeited and the total law enforcement effort
14     with respect to the violation of the law upon which the
15     forfeiture is based. Amounts distributed to the agency or
16     agencies shall be used for the enforcement of laws
17     governing methamphetamine, cannabis, and controlled
18     substances or for security cameras used for the prevention
19     or detection of violence, except that amounts distributed
20     to the Secretary of State shall be deposited into the
21     Secretary of State Evidence Fund to be used as provided in
22     Section 2-115 of the Illinois Vehicle Code.
23         (2)(i) 12.5% shall be distributed to the Office of the
24     State's Attorney of the county in which the prosecution
25     resulting in the forfeiture was instituted, deposited in a
26     special fund in the county treasury and appropriated to the
27     State's Attorney for use in the enforcement of laws
28     governing methamphetamine, cannabis, and controlled
29     substances. In counties with a population over 3,000,000,
30     25% shall be distributed to the Office of the State's
31     Attorney for use in the enforcement of laws governing
32     methamphetamine, cannabis, and controlled substances. If
33     the prosecution is undertaken solely by the Attorney
34     General, the portion provided hereunder shall be
35     distributed to the Attorney General for use in the
36     enforcement of laws governing methamphetamine, cannabis,

 

 

SB2869 Enrolled - 16 - LRB094 17675 RLC 52973 b

1     and controlled substances.
2         (ii) 12.5% shall be distributed to the Office of the
3     State's Attorneys Appellate Prosecutor and deposited in
4     the Narcotics Profit Forfeiture Fund of that Office to be
5     used for additional expenses incurred in the
6     investigation, prosecution and appeal of cases arising
7     under laws governing methamphetamine, cannabis, and
8     controlled substances. The Office of the State's Attorneys
9     Appellate Prosecutor shall not receive distribution from
10     cases brought in counties with a population over 3,000,000.
11         (3) 10% shall be retained by the Department of State
12     Police for expenses related to the administration and sale
13     of seized and forfeited property.
14 (Source: P.A. 94-556, eff. 9-11-05.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.