Full Text of HB3816 102nd General Assembly
HB3816 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3816 Introduced 2/22/2021, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/36-7 | | 725 ILCS 150/13.2 | was 725 ILCS 150/17 |
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Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. Provides that forfeiture proceeds collected under those Acts distributed to the drug task force, metropolitan enforcement group, local, municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture may be used for costs associated with school resource officers.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 Criminal Code of 2012 is amended by | 5 | | changing Section 36-7 as follows: | 6 | | (720 ILCS 5/36-7) | 7 | | Sec. 36-7. Distribution of proceeds; selling or retaining | 8 | | seized property prohibited. | 9 | | (a) Except as otherwise provided in this Section, the | 10 | | court shall order that property forfeited under this Article | 11 | | be delivered to the Department of State Police within 60 days. | 12 | | (b) The Department of State Police or its designee shall | 13 | | dispose of all property at public auction and shall distribute | 14 | | the proceeds of the sale, together with any moneys forfeited | 15 | | or seized, under subsection (c) of this Section. | 16 | | (c) All moneys and the sale proceeds of all other property | 17 | | forfeited and seized under this Act shall be distributed as | 18 | | follows: | 19 | | (1) 65% shall be distributed to the drug task force, | 20 | | metropolitan enforcement group, local, municipal, county, | 21 | | or State law enforcement agency or agencies that conducted | 22 | | or participated in the investigation resulting in the | 23 | | forfeiture. The distribution shall bear a reasonable |
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| 1 | | relationship to the degree of direct participation of the | 2 | | law enforcement agency in the effort resulting in the | 3 | | forfeiture, taking into account the total value of the | 4 | | property forfeited and the total law enforcement effort | 5 | | with respect to the violation of the law upon which the | 6 | | forfeiture is based. Amounts distributed to the agency or | 7 | | agencies shall be used, at the discretion of the agency, | 8 | | for the enforcement of criminal laws; costs associated | 9 | | with school resource officers; or for public education in | 10 | | the community or schools in the prevention or detection of | 11 | | the abuse of drugs or alcohol; or for security cameras | 12 | | used for the prevention or detection of violence, except | 13 | | that amounts distributed to the Secretary of State shall | 14 | | be deposited into the Secretary of State Evidence Fund to | 15 | | be used as provided in Section 2-115 of the Illinois | 16 | | Vehicle Code. | 17 | | Any local, municipal, or county law enforcement agency | 18 | | entitled to receive a monetary distribution of forfeiture | 19 | | proceeds may share those forfeiture proceeds pursuant to | 20 | | the terms of an intergovernmental agreement with a | 21 | | municipality that has a population in excess of 20,000 if: | 22 | | (A) the receiving agency has entered into an | 23 | | intergovernmental agreement with the municipality to | 24 | | provide police services; | 25 | | (B) the intergovernmental agreement for police | 26 | | services provides for consideration in an amount of |
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| 1 | | not less than $1,000,000 per year; | 2 | | (C) the seizure took place within the geographical | 3 | | limits of the municipality; and | 4 | | (D) the funds are used only for the enforcement of | 5 | | criminal laws; costs associated with school resource | 6 | | officers; for public education in the community or | 7 | | schools in the prevention or detection of the abuse of | 8 | | drugs or alcohol; or for security cameras used for the | 9 | | prevention or detection of violence or the
| 10 | | establishment of a municipal police force, including | 11 | | the training of officers, construction of a police | 12 | | station, the purchase of law enforcement equipment, or | 13 | | vehicles. | 14 | | (2) 12.5% shall be distributed to the Office of the | 15 | | State's Attorney of the county in which the prosecution | 16 | | resulting in the forfeiture was instituted, deposited in a | 17 | | special fund in the county treasury and appropriated to | 18 | | the State's Attorney for use, at the discretion of the | 19 | | State's Attorney, in the enforcement of criminal laws; or | 20 | | for public education in the community or schools in the | 21 | | prevention or detection of the abuse of drugs or alcohol; | 22 | | or at the discretion of the State's Attorney, in addition | 23 | | to other authorized purposes, to make grants to local | 24 | | substance abuse treatment facilities and half-way houses. | 25 | | In counties over 3,000,000 population, 25% will be | 26 | | distributed to the Office of the State's Attorney for use, |
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| 1 | | at the discretion of the State's Attorney, in the | 2 | | enforcement of criminal laws; or for public education in | 3 | | the community or schools in the prevention or detection of | 4 | | the abuse of drugs or alcohol; or at the discretion of the | 5 | | State's Attorney, in addition to other authorized | 6 | | purposes, to make grants to local substance abuse | 7 | | treatment facilities and half-way houses. If the | 8 | | prosecution is undertaken solely by the Attorney General, | 9 | | the portion provided shall be distributed to the Attorney | 10 | | General for use in the enforcement of criminal laws | 11 | | governing cannabis and controlled substances or for public | 12 | | education in the community or schools in the prevention or | 13 | | detection of the abuse of drugs or alcohol. | 14 | | 12.5% shall be distributed to the Office of the | 15 | | State's Attorneys Appellate Prosecutor and shall be used | 16 | | at the discretion of the State's Attorneys Appellate | 17 | | Prosecutor for additional expenses incurred in the | 18 | | investigation, prosecution and appeal of cases arising in | 19 | | the enforcement of criminal laws; or for public education | 20 | | in the community or schools in the prevention or detection | 21 | | of the abuse of drugs or alcohol. The Office of the State's | 22 | | Attorneys Appellate Prosecutor shall not receive | 23 | | distribution from cases brought in counties with over | 24 | | 3,000,000 population. | 25 | | (3) 10% shall be retained by the Department of State | 26 | | Police for expenses related to the administration and sale |
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| 1 | | of seized and forfeited property. | 2 | | (d) A law enforcement agency shall not retain forfeited | 3 | | property for its own use or transfer the property to any person | 4 | | or entity, except as provided under this Section. A law | 5 | | enforcement agency may apply in writing to the Director of | 6 | | State Police to request that forfeited property be awarded to | 7 | | the agency for a specifically articulated official law | 8 | | enforcement use in an investigation. The Director of State | 9 | | Police shall provide a written justification in each instance | 10 | | detailing the reasons why the forfeited property was placed | 11 | | into official use, and the justification shall be retained for | 12 | | a period of not less than 3 years.
| 13 | | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.) | 14 | | Section 10. The Drug Asset Forfeiture Procedure Act is | 15 | | amended by changing Section 13.2 as follows: | 16 | | (725 ILCS 150/13.2) (was 725 ILCS 150/17) | 17 | | Sec. 13.2. Distribution of proceeds; selling or retaining | 18 | | seized property prohibited. | 19 | | (a) Except as otherwise provided in this Section, the | 20 | | court shall order that property forfeited under this Act be | 21 | | delivered to the Department of State Police within 60 days. | 22 | | (b) All moneys and the sale proceeds of all other property | 23 | | forfeited and seized under this Act shall be distributed as | 24 | | follows: |
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| 1 | | (1)(i) 65% shall be distributed to the metropolitan | 2 | | enforcement group, local, municipal, county, or State law | 3 | | enforcement agency or agencies that conducted or | 4 | | participated in the investigation resulting in the | 5 | | forfeiture. The distribution shall bear a reasonable | 6 | | relationship to the degree of direct participation of the | 7 | | law enforcement agency in the effort resulting in the | 8 | | forfeiture, taking into account the total value of the | 9 | | property forfeited and the total law enforcement effort | 10 | | with respect to the violation of the law upon which the | 11 | | forfeiture is based. Amounts distributed to the agency or | 12 | | agencies shall be used for the enforcement of laws | 13 | | governing cannabis and controlled substances; costs | 14 | | associated with school resource officers; for public | 15 | | education in the community or schools in the prevention or | 16 | | detection of the abuse of drugs or alcohol; or for | 17 | | security cameras used for the prevention or detection of | 18 | | violence, except that amounts distributed to the Secretary | 19 | | of State shall be deposited into the Secretary of State | 20 | | Evidence Fund to be used as provided in Section 2-115 of | 21 | | the Illinois Vehicle Code. | 22 | | (ii) Any local, municipal, or county law enforcement | 23 | | agency entitled to receive a monetary distribution of | 24 | | forfeiture proceeds may share those forfeiture proceeds | 25 | | pursuant to the terms of an intergovernmental agreement | 26 | | with a municipality that has a population in excess of |
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| 1 | | 20,000 if: | 2 | | (A) the receiving agency has entered into an | 3 | | intergovernmental agreement with the municipality to | 4 | | provide police services; | 5 | | (B) the intergovernmental agreement for police | 6 | | services provides for consideration in an amount of | 7 | | not less than $1,000,000 per year; | 8 | | (C) the seizure took place within the geographical | 9 | | limits of the municipality; and | 10 | | (D) the funds are used only for the enforcement of | 11 | | laws governing cannabis and controlled substances; | 12 | | costs associated with school resource officers; for | 13 | | public education in the community or schools in the | 14 | | prevention or detection of the abuse of drugs or | 15 | | alcohol; or for security cameras used for the | 16 | | prevention or detection of violence or the | 17 | | establishment of a municipal police force, including | 18 | | the training of officers, construction of a police | 19 | | station, or the purchase of law enforcement equipment | 20 | | or vehicles. | 21 | | (2)(i) 12.5% shall be distributed to the Office of the | 22 | | State's Attorney of the county in which the prosecution | 23 | | resulting in the forfeiture was instituted, deposited in a | 24 | | special fund in the county treasury and appropriated to | 25 | | the State's Attorney for use in the enforcement of laws | 26 | | governing cannabis and controlled substances; for public |
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| 1 | | education in the community or schools in the prevention or | 2 | | detection of the abuse of drugs or alcohol; or, at the | 3 | | discretion of the State's Attorney, in addition to other | 4 | | authorized purposes, to make grants to local substance | 5 | | abuse treatment facilities and half-way houses. In | 6 | | counties over 3,000,000 population, 25% shall be | 7 | | distributed to the Office of the State's Attorney for use | 8 | | in the enforcement of laws governing cannabis and | 9 | | controlled substances; for public education in the | 10 | | community or schools in the prevention or detection of the | 11 | | abuse of drugs or alcohol; or at the discretion of the | 12 | | State's Attorney, in addition to other authorized | 13 | | purposes, to make grants to local substance abuse | 14 | | treatment facilities and half-way houses. If the | 15 | | prosecution is undertaken solely by the Attorney General, | 16 | | the portion provided shall be distributed to the Attorney | 17 | | General for use in the enforcement of laws governing | 18 | | cannabis and controlled substances or for public education | 19 | | in the community or schools in the prevention or detection | 20 | | of the abuse of drugs or alcohol. | 21 | | (ii) 12.5% shall be distributed to the Office of the | 22 | | State's Attorneys Appellate Prosecutor and deposited in | 23 | | the Narcotics Profit Forfeiture Fund of that office to be | 24 | | used for additional expenses incurred in the | 25 | | investigation, prosecution and appeal of cases arising | 26 | | under laws governing cannabis and controlled substances, |
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| 1 | | together with administrative expenses, and for legal | 2 | | education or for public education in the community or | 3 | | schools in the prevention or detection of the abuse of | 4 | | drugs or alcohol. The Office of the State's Attorneys | 5 | | Appellate Prosecutor shall not receive distribution from | 6 | | cases brought in counties with over 3,000,000 population. | 7 | | (3) 10% shall be retained by the Department of State | 8 | | Police for expenses related to the administration and sale | 9 | | of seized and forfeited property.
| 10 | | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; | 11 | | 101-10, eff. 6-5-19.)
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