SB2198 Enrolled LRB095 15662 RLC 41667 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

 

 

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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 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 neither had knowledge of nor
11         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 to a land trust, in the
25     whole of any lot or tract of land and any appurtenances or
26     improvements, that is used or intended to be used to

 

 

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1     facilitate the manufacture, distribution, sale, receipt,
2     or concealment of property described in paragraph (1) or
3     (2) of this subsection (a) that constitutes a felony
4     violation of more than 2,000 grams of a substance
5     containing cannabis or that is the proceeds of any felony
6     violation of this Act.
7     (b) Property subject to forfeiture under this Act may be
8 seized by the Director or any peace officer upon process or
9 seizure warrant issued by any court having jurisdiction over
10 the property. Seizure by the Director or any peace officer
11 without process may be made:
12         (1) if the property subject to seizure has been the
13     subject of a prior judgment in favor of the State in a
14     criminal proceeding or in an injunction or forfeiture
15     proceeding based upon this Act or the Drug Asset Forfeiture
16     Procedure Act;
17         (2) if there is probable cause to believe that the
18     property is directly or indirectly dangerous to health or
19     safety;
20         (3) if there is probable cause to believe that the
21     property is subject to forfeiture under this Act and the
22     property is seized under circumstances in which a
23     warrantless seizure or arrest would be reasonable; or
24         (4) in accordance with the Code of Criminal Procedure
25     of 1963.
26     (c) In the event of seizure pursuant to subsection (b),

 

 

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1 forfeiture proceedings shall be instituted in accordance with
2 the Drug Asset Forfeiture Procedure Act.
3     (c-1) In the event the State's Attorney is of the opinion
4 that real property is subject to forfeiture under this Act,
5 forfeiture proceedings shall be instituted in accordance with
6 the Drug Asset Forfeiture Procedure Act. The exemptions from
7 forfeiture provisions of Section 8 of the Drug Asset Forfeiture
8 Procedure Act are applicable.
9     (d) Property taken or detained under this Section shall not
10 be subject to replevin, but is deemed to be in the custody of
11 the Director subject only to the order and judgments of the
12 circuit court having jurisdiction over the forfeiture
13 proceedings and the decisions of the State's Attorney under the
14 Drug Asset Forfeiture Procedure Act. When property is seized
15 under this Act, the seizing agency shall promptly conduct an
16 inventory of the seized property, estimate the property's
17 value, and shall forward a copy of the inventory of seized
18 property and the estimate of the property's value to the
19 Director. Upon receiving notice of seizure, the Director may:
20         (1) place the property under seal;
21         (2) remove the property to a place designated by him;
22         (3) keep the property in the possession of the seizing
23     agency;
24         (4) remove the property to a storage area for
25     safekeeping or, if the property is a negotiable instrument
26     or money and is not needed for evidentiary purposes,

 

 

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1     deposit it in an interest bearing account;
2         (5) place the property under constructive seizure by
3     posting notice of pending forfeiture on it, by giving
4     notice of pending forfeiture to its owners and interest
5     holders, or by filing notice of pending forfeiture in any
6     appropriate public record relating to the property; or
7         (6) provide for another agency or custodian, including
8     an owner, secured party, or lienholder, to take custody of
9     the property upon the terms and conditions set by the
10     Director.
11     (e) No disposition may be made of property under seal until
12 the time for taking an appeal has elapsed or until all appeals
13 have been concluded unless a court, upon application therefor,
14 orders the sale of perishable substances and the deposit of the
15 proceeds of the sale with the court.
16     (f) When property is forfeited under this Act the Director
17 shall sell all such property unless such property is required
18 by law to be destroyed or is harmful to the public, and shall
19 distribute the proceeds of the sale, together with any moneys
20 forfeited or seized, in accordance with subsection (g).
21 However, upon the application of the seizing agency or
22 prosecutor who was responsible for the investigation, arrest or
23 arrests and prosecution which lead to the forfeiture, the
24 Director may return any item of forfeited property to the
25 seizing agency or prosecutor for official use in the
26 enforcement of laws relating to cannabis or controlled

 

 

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

 

 

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1     agencies shall be used for the enforcement of laws
2     governing cannabis and controlled substances or for
3     security cameras used for the prevention or detection of
4     violence, except that amounts distributed to the Secretary
5     of State shall be deposited into the Secretary of State
6     Evidence Fund to be used as provided in Section 2-115 of
7     the Illinois Vehicle Code.
8         (2)(i) 12.5% shall be distributed to the Office of the
9     State's Attorney of the county in which the prosecution
10     resulting in the forfeiture was instituted, deposited in a
11     special fund in the county treasury and appropriated to the
12     State's Attorney for use in the enforcement of laws
13     governing cannabis and controlled substances. In counties
14     over 3,000,000 population, 25% will be distributed to the
15     Office of the State's Attorney for use in the enforcement
16     of laws governing cannabis and controlled substances. If
17     the prosecution is undertaken solely by the Attorney
18     General, the portion provided hereunder shall be
19     distributed to the Attorney General for use in the
20     enforcement of laws governing cannabis and controlled
21     substances.
22         (ii) 12.5% shall be distributed to the Office of the
23     State's Attorneys Appellate Prosecutor and deposited in
24     the Narcotics Profit Forfeiture Fund of that Office to be
25     used for additional expenses incurred in the
26     investigation, prosecution and appeal of cases arising

 

 

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1     under laws governing cannabis and controlled substances.
2     The Office of the State's Attorneys Appellate Prosecutor
3     shall not receive distribution from cases brought in
4     counties with over 3,000,000 population.
5         (3) 10% shall be retained by the Department of State
6     Police for expenses related to the administration and sale
7     of seized and forfeited property.
8 (Source: P.A. 94-1004, eff. 7-3-06.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.