Illinois General Assembly - Full Text of HB3816
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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

    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

 

HB3816LRB102 15222 KMF 20577 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 36-7 as follows:
 
6    (720 ILCS 5/36-7)
7    Sec. 36-7. Distribution of proceeds; selling or retaining
8seized property prohibited.
9    (a) Except as otherwise provided in this Section, the
10court shall order that property forfeited under this Article
11be delivered to the Department of State Police within 60 days.
12    (b) The Department of State Police or its designee shall
13dispose of all property at public auction and shall distribute
14the proceeds of the sale, together with any moneys forfeited
15or seized, under subsection (c) of this Section.
16    (c) All moneys and the sale proceeds of all other property
17forfeited and seized under this Act shall be distributed as
18follows:
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
3property for its own use or transfer the property to any person
4or entity, except as provided under this Section. A law
5enforcement agency may apply in writing to the Director of
6State Police to request that forfeited property be awarded to
7the agency for a specifically articulated official law
8enforcement use in an investigation. The Director of State
9Police shall provide a written justification in each instance
10detailing the reasons why the forfeited property was placed
11into official use, and the justification shall be retained for
12a 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
15amended 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
18seized property prohibited.
19    (a) Except as otherwise provided in this Section, the
20court shall order that property forfeited under this Act be
21delivered to the Department of State Police within 60 days.
22    (b) All moneys and the sale proceeds of all other property
23forfeited and seized under this Act shall be distributed as
24follows:

 

 

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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;
11101-10, eff. 6-5-19.)