Illinois General Assembly - Bill Status for HB5592

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.

Provides that a vehicle may be seized and forfeited if the owner was convicted of an offense of driving while license suspended if the license of the driver of the vehicle is suspended for driving under the influence by a person under 21 years of age or an offense of driving while license suspended or revoked based on refusal to submit to a test to determine if the driver was driving under the influence in another state. Provides for delivery of the seized vehicle to the sheriff within 30 days after seizure. Provides that any peace officer employed by a law enforcement agency of the State may request the issuance of a warrant authorizing the seizure of any motor vehicle in the same manner as provided for a search warrant. Provides that if the court determines that there is probable cause to believe that the motor vehicle to be seized is subject to forfeiture, the court shall issue a warrant authorizing the seizure of such motor vehicle. Provides that when a vehicle, vessel, or aircraft is ordered sold at public auction, the Director of State Police shall sell such vehicle, vessel, or aircraft. Makes other changes.

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