Public Act 099-0686
 
SB0212 EnrolledLRB099 03375 RLC 23383 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Cannabis Control Act is amended by changing
Section 12 as follows:
 
    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
    Sec. 12. (a) The following are subject to forfeiture:
        (1) all substances containing cannabis which have been
    produced, manufactured, delivered, or possessed in
    violation of this Act;
        (2) all raw materials, products and equipment of any
    kind which are produced, delivered, or possessed in
    connection with any substance containing cannabis in
    violation of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraph (1) or (2) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he neither had knowledge of nor
        consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act;
        (6) all real property, including any right, title, and
    interest including, but not limited to, any leasehold
    interest or the beneficial interest to a land trust, in the
    whole of any lot or tract of land and any appurtenances or
    improvements, that is used or intended to be used to
    facilitate the manufacture, distribution, sale, receipt,
    or concealment of property described in paragraph (1) or
    (2) of this subsection (a) that constitutes a felony
    violation of more than 2,000 grams of a substance
    containing cannabis or that is the proceeds of any felony
    violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (2) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (3) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (4) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (c-1) In the event the State's Attorney is of the opinion
that real property is subject to forfeiture under this Act,
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act. The exemptions from
forfeiture provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act are applicable.
    (d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture
proceedings and the decisions of the State's Attorney under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property, estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by him;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
    (f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1)(i) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or state law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or for security
    cameras used for the prevention or detection of violence,
    except that amounts distributed to the Secretary of State
    shall be deposited into the Secretary of State Evidence
    Fund to be used as provided in Section 2-115 of the
    Illinois Vehicle Code.
        (ii) Any local, municipal, or county law enforcement
    agency entitled to receive a monetary distribution of
    forfeiture proceeds may share those forfeiture proceeds
    pursuant to the terms of an intergovernmental agreement
    with a municipality that has a population in excess of
    20,000 if:
            (I) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (II) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (III) the seizure took place within the
        geographical limits of the municipality; and
            (IV) the funds are used only for the enforcement of
        laws governing cannabis and controlled substances; for
        public education in the community or schools in the
        prevention or detection of the abuse of drugs or
        alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, the purchase of law enforcement equipment, or
        vehicles.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; , or at the
    discretion of the State's Attorney, in addition to other
    authorized purposes, to make grants to local substance
    abuse treatment facilities and half-way houses. In
    counties over 3,000,000 population, 25% will be
    distributed to the Office of the State's Attorney for use
    in the enforcement of laws governing cannabis and
    controlled substances; for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol; , or at the discretion of the
    State's Attorney, in addition to other authorized
    purposes, to make grants to local substance abuse treatment
    facilities and half-way houses. If the prosecution is
    undertaken solely by the Attorney General, the portion
    provided hereunder shall be distributed to the Attorney
    General for use in the enforcement of laws governing
    cannabis and controlled substances.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that Office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances or
    for public education in the community or schools in the
    prevention or detection of the abuse of drugs or alcohol.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-985, eff. 1-1-13.)
 
    Section 10. The Illinois Controlled Substances Act is
amended by changing Section 505 as follows:
 
    (720 ILCS 570/505)  (from Ch. 56 1/2, par. 1505)
    Sec. 505. (a) The following are subject to forfeiture:
        (1) all substances which have been manufactured,
    distributed, dispensed, or possessed in violation of this
    Act;
        (2) all raw materials, products and equipment of any
    kind which are used, or intended for use in manufacturing,
    distributing, dispensing, administering or possessing any
    substance in violation of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraphs (1) and (2), but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended to
    be used in violation of this Act;
        (5) everything of value furnished, or intended to be
    furnished, in exchange for a substance in violation of this
    Act, all proceeds traceable to such an exchange, and all
    moneys, negotiable instruments, and securities used, or
    intended to be used, to commit or in any manner to
    facilitate any violation of this Act;
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of Section 401 or 405 of this Act or that is the
    proceeds of any violation or act that constitutes a
    violation of Section 401 or 405 of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the seizure is incident to inspection under an
    administrative inspection warrant;
        (2) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding, or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (3) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (4) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (5) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (d) Property taken or detained under this Section shall not
be subject to replevin, but is deemed to be in the custody of
the Director subject only to the order and judgments of the
circuit court having jurisdiction over the forfeiture
proceedings and the decisions of the State's Attorney under the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the property's
value, and shall forward a copy of the inventory of seized
property and the estimate of the property's value to the
Director. Upon receiving notice of seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by the
    Director;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may be
placed under seal by the Director. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a suspension or revocation order becoming final,
all substances may be forfeited to the Illinois State Police.
    (f) When property is forfeited under this Act the Director
shall sell all such property unless such property is required
by law to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1)(i) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or state law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; or for security
    cameras used for the prevention or detection of violence,
    except that amounts distributed to the Secretary of State
    shall be deposited into the Secretary of State Evidence
    Fund to be used as provided in Section 2-115 of the
    Illinois Vehicle Code.
        (ii) Any local, municipal, or county law enforcement
    agency entitled to receive a monetary distribution of
    forfeiture proceeds may share those forfeiture proceeds
    pursuant to the terms of an intergovernmental agreement
    with a municipality that has a population in excess of
    20,000 if:
            (I) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (II) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (III) the seizure took place within the
        geographical limits of the municipality; and
            (IV) the funds are used only for the enforcement of
        laws governing cannabis and controlled substances; for
        public education in the community or schools in the
        prevention or detection of the abuse of drugs or
        alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, the purchase of law enforcement equipment, or
        vehicles.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing cannabis and controlled substances; for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol; , or at the
    discretion of the State's Attorney, in addition to other
    authorized purposes, to make grants to local substance
    abuse treatment facilities and half-way houses. In
    counties over 3,000,000 population, 25% will be
    distributed to the Office of the State's Attorney for use
    in the enforcement of laws governing cannabis and
    controlled substances; for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol; , or at the discretion of the
    State's Attorney, in addition to other authorized
    purposes, to make grants to local substance abuse treatment
    facilities and half-way houses. If the prosecution is
    undertaken solely by the Attorney General, the portion
    provided hereunder shall be distributed to the Attorney
    General for use in the enforcement of laws governing
    cannabis and controlled substances or for public education
    in the community or schools in the prevention or detection
    of the abuse of drugs or alcohol.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing cannabis and controlled substances or
    for public education in the community or schools in the
    prevention or detection of the abuse of drugs or alcohol.
    The Office of the State's Attorneys Appellate Prosecutor
    shall not receive distribution from cases brought in
    counties with over 3,000,000 population.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
    (h) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this Act, or of which the owners or
cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the State. The failure, upon
demand by the Director or any peace officer, of the person in
occupancy or in control of land or premises upon which the
species of plants are growing or being stored, to produce
registration, or proof that he or she is the holder thereof,
constitutes authority for the seizure and forfeiture of the
plants.
(Source: P.A. 97-253, eff. 1-1-12; 97-334, eff. 1-1-12; 97-544,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-985, eff. 1-1-13.)
 
    Section 15. The Methamphetamine Control and Community
Protection Act is amended by changing Section 85 as follows:
 
    (720 ILCS 646/85)
    Sec. 85. Forfeiture.
    (a) The following are subject to forfeiture:
        (1) all substances containing methamphetamine which
    have been produced, manufactured, delivered, or possessed
    in violation of this Act;
        (2) all methamphetamine manufacturing materials which
    have been produced, delivered, or possessed in connection
    with any substance containing methamphetamine in violation
    of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraph (1) or (2) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act.
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used, or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of this Act or that is the proceeds of any
    violation or act that constitutes a violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (2) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (3) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (4) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
    (d) Property taken or detained under this Section is not
subject to replevin, but is deemed to be in the custody of the
Director subject only to the order and judgments of the circuit
court having jurisdiction over the forfeiture proceedings and
the decisions of the State's Attorney under the Drug Asset
Forfeiture Procedure Act. When property is seized under this
Act, the seizing agency shall promptly conduct an inventory of
the seized property, estimate the property's value, and forward
a copy of the inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by him or
    her;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
    (f) When property is forfeited under this Act, the Director
shall sell the property unless the property is required by law
to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to methamphetamine, cannabis, or
controlled substances, if the agency or prosecutor
demonstrates that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. When any
forfeited conveyance, including an aircraft, vehicle, or
vessel, is returned to the seizing agency or prosecutor, the
conveyance may be used immediately in the enforcement of the
criminal laws of this State. Upon disposal, all proceeds from
the sale of the conveyance must be used for drug enforcement
purposes. When any real property returned to the seizing agency
is sold by the agency or its unit of government, the proceeds
of the sale shall be delivered to the Director and distributed
in accordance with subsection (g).
    (g) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1)(i) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances; for public education in the community or
    schools in the prevention or detection of the abuse of
    drugs or alcohol; or for security cameras used for the
    prevention or detection of violence, except that amounts
    distributed to the Secretary of State shall be deposited
    into the Secretary of State Evidence Fund to be used as
    provided in Section 2-115 of the Illinois Vehicle Code.
        (ii) Any local, municipal, or county law enforcement
    agency entitled to receive a monetary distribution of
    forfeiture proceeds may share those forfeiture proceeds
    pursuant to the terms of an intergovernmental agreement
    with a municipality that has a population in excess of
    20,000 if:
            (I) the receiving agency has entered into an
        intergovernmental agreement with the municipality to
        provide police services;
            (II) the intergovernmental agreement for police
        services provides for consideration in an amount of not
        less than $1,000,000 per year;
            (III) the seizure took place within the
        geographical limits of the municipality; and
            (IV) the funds are used only for the enforcement of
        laws governing cannabis and controlled substances; for
        public education in the community or schools in the
        prevention or detection of the abuse of drugs or
        alcohol; or for security cameras used for the
        prevention or detection of violence or the
        establishment of a municipal police force, including
        the training of officers, construction of a police
        station, the purchase of law enforcement equipment, or
        vehicles.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances; for public education in the community or
    schools in the prevention or detection of the abuse of
    drugs or alcohol; , or at the discretion of the State's
    Attorney, in addition to other authorized purposes, to make
    grants to local substance abuse treatment facilities and
    half-way houses. In counties with a population over
    3,000,000, 25% shall be distributed to the Office of the
    State's Attorney for use in the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances; for public education in the community or
    schools in the prevention or detection of the abuse of
    drugs or alcohol; , or at the discretion of the State's
    Attorney, in addition to other authorized purposes, to make
    grants to local substance abuse treatment facilities and
    half-way houses. If the prosecution is undertaken solely by
    the Attorney General, the portion provided hereunder shall
    be distributed to the Attorney General for use in the
    enforcement of laws governing methamphetamine, cannabis,
    and controlled substances or for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that Office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing methamphetamine, cannabis, and
    controlled substances or for public education in the
    community or schools in the prevention or detection of the
    abuse of drugs or alcohol. The Office of the State's
    Attorneys Appellate Prosecutor shall not receive
    distribution from cases brought in counties with a
    population over 3,000,000.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-985, eff. 1-1-13.)
 
    Section 20. The Narcotics Profit Forfeiture Act is amended
by changing Section 5 as follows:
 
    (725 ILCS 175/5)  (from Ch. 56 1/2, par. 1655)
    Sec. 5. (a) A person who commits the offense of narcotics
racketeering shall:
        (1) be guilty of a Class 1 felony; and
        (2) be subject to a fine of up to $250,000.
    A person who commits the offense of narcotics racketeering
or who violates Section 3 of the Drug Paraphernalia Control Act
shall forfeit to the State of Illinois: (A) any profits or
proceeds and any property or property interest he has acquired
or maintained in violation of this Act or Section 3 of the Drug
Paraphernalia Control Act or has used to facilitate a violation
of this Act that the court determines, after a forfeiture
hearing, under subsection (b) of this Section to have been
acquired or maintained as a result of narcotics racketeering or
violating Section 3 of the Drug Paraphernalia Control Act, or
used to facilitate narcotics racketeering; and (B) any interest
in, security of, claim against, or property or contractual
right of any kind affording a source of influence over, any
enterprise which he has established, operated, controlled,
conducted, or participated in the conduct of, in violation of
this Act or Section 3 of the Drug Paraphernalia Control Act,
that the court determines, after a forfeiture hearing, under
subsection (b) of this Section to have been acquired or
maintained as a result of narcotics racketeering or violating
Section 3 of the Drug Paraphernalia Control Act or used to
facilitate narcotics racketeering.
    (b) The court shall, upon petition by the Attorney General
or State's Attorney, at any time subsequent to the filing of an
information or return of an indictment, conduct a hearing to
determine whether any property or property interest is subject
to forfeiture under this Act. At the forfeiture hearing the
people shall have the burden of establishing, by a
preponderance of the evidence, that property or property
interests are subject to forfeiture under this Act. There is a
rebuttable presumption at such hearing that any property or
property interest of a person charged by information or
indictment with narcotics racketeering or who is convicted of a
violation of Section 3 of the Drug Paraphernalia Control Act is
subject to forfeiture under this Section if the State
establishes by a preponderance of the evidence that:
        (1) such property or property interest was acquired by
    such person during the period of the violation of this Act
    or Section 3 of the Drug Paraphernalia Control Act or
    within a reasonable time after such period; and
        (2) there was no likely source for such property or
    property interest other than the violation of this Act or
    Section 3 of the Drug Paraphernalia Control Act.
    (c) In an action brought by the People of the State of
Illinois under this Act, wherein any restraining order,
injunction or prohibition or any other action in connection
with any property or property interest subject to forfeiture
under this Act is sought, the circuit court which shall preside
over the trial of the person or persons charged with narcotics
racketeering as defined in Section 4 of this Act or violating
Section 3 of the Drug Paraphernalia Control Act shall first
determine whether there is probable cause to believe that the
person or persons so charged has committed the offense of
narcotics racketeering as defined in Section 4 of this Act or a
violation of Section 3 of the Drug Paraphernalia Control Act
and whether the property or property interest is subject to
forfeiture pursuant to this Act.
    In order to make such a determination, prior to entering
any such order, the court shall conduct a hearing without a
jury, wherein the People shall establish that there is: (i)
probable cause that the person or persons so charged have
committed the offense of narcotics racketeering or violating
Section 3 of the Drug Paraphernalia Control Act and (ii)
probable cause that any property or property interest may be
subject to forfeiture pursuant to this Act. Such hearing may be
conducted simultaneously with a preliminary hearing, if the
prosecution is commenced by information or complaint, or by
motion of the People, at any stage in the proceedings. The
court may accept a finding of probable cause at a preliminary
hearing following the filing of an information charging the
offense of narcotics racketeering as defined in Section 4 of
this Act or the return of an indictment by a grand jury
charging the offense of narcotics racketeering as defined in
Section 4 of this Act or after a charge is filed for violating
Section 3 of the Drug Paraphernalia Control Act as sufficient
evidence of probable cause as provided in item (i) above.
    Upon such a finding, the circuit court shall enter such
restraining order, injunction or prohibition, or shall take
such other action in connection with any such property or
property interest subject to forfeiture under this Act, as is
necessary to insure that such property is not removed from the
jurisdiction of the court, concealed, destroyed or otherwise
disposed of by the owner of that property or property interest
prior to a forfeiture hearing under subsection (b) of this
Section. The Attorney General or State's Attorney shall file a
certified copy of such restraining order, injunction or other
prohibition with the recorder of deeds or registrar of titles
of each county where any such property of the defendant may be
located. No such injunction, restraining order or other
prohibition shall affect the rights of any bona fide purchaser,
mortgagee, judgment creditor or other lien holder arising prior
to the date of such filing.
    The court may, at any time, upon verified petition by the
defendant, conduct a hearing to release all or portions of any
such property or interest which the court previously determined
to be subject to forfeiture or subject to any restraining
order, injunction, or prohibition or other action. The court
may release such property to the defendant for good cause shown
and within the sound discretion of the court.
    (d) Prosecution under this Act may be commenced by the
Attorney General or a State's Attorney.
    (e) Upon an order of forfeiture being entered pursuant to
subsection (b) of this Section, the court shall authorize the
Attorney General to seize any property or property interest
declared forfeited under this Act and under such terms and
conditions as the court shall deem proper. Any property or
property interest that has been the subject of an entered
restraining order, injunction or prohibition or any other
action filed under subsection (c) shall be forfeited unless the
claimant can show by a preponderance of the evidence that the
property or property interest has not been acquired or
maintained as a result of narcotics racketeering or has not
been used to facilitate narcotics racketeering.
    (f) The Attorney General or his designee is authorized to
sell all property forfeited and seized pursuant to this Act,
unless such property is required by law to be destroyed or is
harmful to the public, and, after the deduction of all
requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any moneys
forfeited or seized, in accordance with subsection (g) or (h),
whichever is applicable.
    (g) All monies and the sale proceeds of all other property
forfeited and seized pursuant to this Act shall be distributed
as follows:
        (1) An amount equal to 50% shall be distributed to the
    unit of local government whose officers or employees
    conducted the investigation into narcotics racketeering
    and caused the arrest or arrests and prosecution leading to
    the forfeiture. Amounts distributed to units of local
    government shall be used for enforcement of laws governing
    narcotics activity or for public education in the community
    or schools in the prevention or detection of the abuse of
    drugs or alcohol. In the event, however, that the
    investigation, arrest or arrests and prosecution leading
    to the forfeiture were undertaken solely by a State agency,
    the portion provided hereunder shall be paid into the Drug
    Traffic Prevention Fund in the State treasury to be used
    for enforcement of laws governing narcotics activity.
        (2) An amount equal to 12.5% shall be distributed to
    the county in which the prosecution resulting in the
    forfeiture was instituted, deposited in a special fund in
    the county treasury and appropriated to the State's
    Attorney for use in the enforcement of laws governing
    narcotics activity or for public education in the community
    or schools in the prevention or detection of the abuse of
    drugs or alcohol.
        An amount equal to 12.5% shall be distributed to the
    Office of the State's Attorneys Appellate Prosecutor and
    deposited in the Narcotics Profit Forfeiture Fund, which is
    hereby created in the State treasury, to be used by the
    Office of the State's Attorneys Appellate Prosecutor for
    additional expenses incurred in prosecuting appeals
    arising under this Act. Any amounts remaining in the Fund
    after all additional expenses have been paid shall be used
    by the Office to reduce the participating county
    contributions to the Office on a pro-rated basis as
    determined by the board of governors of the Office of the
    State's Attorneys Appellate Prosecutor based on the
    populations of the participating counties.
        (3) An amount equal to 25% shall be paid into the Drug
    Traffic Prevention Fund in the State treasury to be used by
    the Department of State Police for funding Metropolitan
    Enforcement Groups created pursuant to the
    Intergovernmental Drug Laws Enforcement Act. Any amounts
    remaining in the Fund after full funding of Metropolitan
    Enforcement Groups shall be used for enforcement, by the
    State or any unit of local government, of laws governing
    narcotics activity or for public education in the community
    or schools in the prevention or detection of the abuse of
    drugs or alcohol.
    (h) Where the investigation or indictment for the offense
of narcotics racketeering or a violation of Section 3 of the
Drug Paraphernalia Control Act has occurred under the
provisions of the Statewide Grand Jury Act, all monies and the
sale proceeds of all other property shall be distributed as
follows:
        (1) 60% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law on which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing cannabis and controlled substances or for public
    education in the community or schools in the prevention or
    detection of the abuse of drugs or alcohol.
        (2) 25% shall be distributed by the Attorney General as
    grants to drug education, treatment and prevention
    programs licensed or approved by the Department of Human
    Services. In making these grants, the Attorney General
    shall take into account the plans and service priorities
    of, and the needs identified by, the Department of Human
    Services.
        (3) 15% shall be distributed to the Attorney General
    and the State's Attorney, if any, participating in the
    prosecution resulting in the forfeiture. The distribution
    shall bear a reasonable relationship to the degree of
    direct participation in the prosecution of the offense,
    taking into account the total value of the property
    forfeited and the total amount of time spent in preparing
    and presenting the case, the complexity of the case and
    other similar factors. Amounts distributed to the Attorney
    General under this paragraph shall be retained in a fund
    held by the State Treasurer as ex-officio custodian to be
    designated as the Statewide Grand Jury Prosecution Fund and
    paid out upon the direction of the Attorney General for
    expenses incurred in criminal prosecutions arising under
    the Statewide Grand Jury Act. Amounts distributed to a
    State's Attorney shall be deposited in a special fund in
    the county treasury and appropriated to the State's
    Attorney for use in the enforcement of laws governing
    narcotics activity or for public education in the community
    or schools in the prevention or detection of the abuse of
    drugs or alcohol.
    (i) All monies deposited pursuant to this Act in the Drug
Traffic Prevention Fund established under Section 5-9-1.2 of
the Unified Code of Corrections are appropriated, on a
continuing basis, to the Department of State Police to be used
for funding Metropolitan Enforcement Groups created pursuant
to the Intergovernmental Drug Laws Enforcement Act or otherwise
for the enforcement of laws governing narcotics activity or for
public education in the community or schools in the prevention
or detection of the abuse of drugs or alcohol.
(Source: P.A. 89-507, eff. 7-1-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.