Illinois General Assembly - Illinois Compiled Statutes

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765 ILCS 1040/9

(765 ILCS 1040/9)

Sec. 9. Seizure and disposition.

(a) A peace officer shall, upon probable cause, seize any counterfeit items, counterfeit marks, or any component of that merchandise
knowingly possessed in violation of this Act.

(b) A peace officer shall seize any vehicle, aircraft, vessel, machinery or
other instrumentality which the
officer reasonably believed was knowingly used to commit or facilitate a violation of
this Act.

(c) A peace officer shall, upon probable cause, seize any proceeds resulting from a violation of this Act.

(d) Seized counterfeit goods shall be destroyed upon the written consent of
the
defendant or by judicial determination that the seized goods are counterfeit
items or otherwise bear the trademark, trade name or service mark without the
authorization of the owner, unless another disposition of the goods is
consented to by the owner of the trademark, trade
name or service mark.

The seizure and forfeiture of vehicles, aircraft, vessels, machinery, or
other instrumentalities provided for by this Section shall be carried out in
the same manner and pursuant to the same procedures as provided in Article 36
of the Criminal Code of 2012 with respect to vessels, vehicles, and
aircraft.

(Source: P.A. 96-631, eff. 1-1-10; 97-1150, eff. 1-25-13.)