Public Act 097-0657
 
HB0909 EnrolledLRB097 03728 RLC 43765 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 Public Corruption Profit Forfeiture Act is 
amended  by changing Section 10 as follows:
 
    (5 ILCS 283/10)

    Sec. 10. Penalties.
    (a)  A person who is convicted of a violation of any of the 
following Sections, subsections, and clauses of the Criminal 
Code of 1961:
        (1)  clause (a)(6) of Section 12-6 (intimidation by a 
    public official),
        (2)  Section 33-1 (bribery), or
        (3)   subsection (a) of Section 33E-7 (kickbacks), or 
        (4)  Section 33C-4 or subsection (d) of Section 17-10.3 
    (fraudulently obtaining public moneys reserved for 
    disadvantaged business enterprises), 
shall forfeit to the State of Illinois:
        (A) any profits or proceeds and any property or 
    property interest he or she has acquired or maintained in 
    violation of  any of the offenses listed in clauses (1) 
    through (4) (3) of this subsection (a) that the court 
    determines, after a forfeiture hearing under subsection 
    (b) of this Section, to have been acquired or maintained as 
    a result of violating any of the offenses listed in clauses 
    (1) through (4) (3) of this subsection (a); 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 or she 
    has established, operated, controlled, conducted, or 
    participated in the conduct of, in violation of any of the 
    offenses listed in clauses (1) through (4) (3) of this 
    subsection (a) that the court determines, after a 
    forfeiture hearing under subsection (b) of this Section, to 
    have been acquired or maintained as a result of violating 
    any of the offenses listed in clauses (1) through (4) (3) 
    of this subsection (a) or used to facilitate a violation of 
    one of the offenses listed in clauses (1) through (4) (3) 
    of this subsection (a).

    
    (b) The court shall, upon petition by the Attorney General 
or State's Attorney, at any time after 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 a violation of any of the offenses listed in 
clauses (1) through (4) (3) of subsection (a) of this Section 
or who is convicted of a violation of any of the offenses 
listed in clauses (1) through (4) (3) of subsection (a) of this 
Section 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 any of 
    the offenses listed in clauses (1) through (4) (3) of 
    subsection (a) of this Section 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 any of the 
    offenses listed in clauses (1) through (4) (3) of 
    subsection (a) of this Section.

    
    (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 any of the 
offenses listed in clauses (1) through (4) (3) of subsection 
(a) of this Section shall first determine whether there is 
probable cause to believe that the person or persons so charged 
have committed a violation of any of the offenses listed in 
clauses (1) through (4) (3) of subsection (a) of this Section 
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 one of the offenses listed in clauses (1) through (4) 
(3) of subsection (a) of this Section 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 a charge for violating one of the offenses  listed 
in clauses (1) through (4) (3) of subsection (a) of this 
Section or the return of an indictment by a grand jury charging 
one of the offenses listed  in clauses (1) through (4) (3) of 
subsection (a) of this Section 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 a violation of any of the offenses 
listed in clauses (1) through (4) (3) of subsection (a) of this 
Section or has not been used to facilitate a violation of any 
of the offenses listed in clauses (1) through (4) (3) of 
subsection (a) of this Section.
    
    (f) The Attorney General or his or her 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).
    
    (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 or other law enforcement agency 
    whose officers or employees conducted the investigation 
    into a violation of any of the offenses listed in clauses 
    (1) through (4) (3) of subsection (a) of this Section and 
    caused the arrest or arrests and prosecution leading to the 
    forfeiture. Amounts distributed to units of local 
    government and law enforcement agencies shall be used for 
    enforcement of laws governing public corruption, or for 
    other law enforcement purposes. 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 State Asset Forfeiture Fund in the State treasury to be 
    used by that State agency in accordance with law.
        If the 
    investigation, arrest or arrests and prosecution leading 
    to the forfeiture were undertaken by the Attorney General, 
    the portion provided hereunder shall be paid into the 
    Attorney General's Whistleblower Reward and Protection 
    Fund in the State treasury to be used by the Attorney 
    General in accordance with law.
        (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 accordance with law.
        If the prosecution 
    was conducted by the Attorney General, then the amount 
    provided under this subsection shall be paid into the 
    Attorney General's Whistleblower Reward and Protection 
    Fund in the State treasury to be used by the Attorney 
    General in accordance with law.
        (3) An amount equal to 12.5% shall be distributed to 
    the Office of the State's Attorneys Appellate Prosecutor 
    and deposited in the State's Attorneys Appellate 
    Prosecutor Anti-Corruption Fund, 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 prorated 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.
        If the appeal is 
    to be  conducted by the Attorney General, then the amount 
    provided under this subsection shall be paid into the 
    Attorney General's Whistleblower Reward and Protection 
    Fund in the State treasury to be used by the Attorney 
    General in accordance with law.
        (4) An amount equal to 25% shall be paid into the State 
    Asset Forfeiture Fund in the State treasury to be used by 
    the Department of State Police for the funding of the 
    investigation of public corruption activities. Any amounts 
    remaining in the Fund after full funding of such 
    investigations shall be used by the Department in 
    accordance with law to fund its other enforcement 
    activities.
    
    (h) All moneys deposited pursuant to this Act in the State 
Asset Forfeiture Fund shall, subject to appropriation, be used 
by the Department of State Police in the manner set forth in 
this Section.  All moneys deposited pursuant to this Act in the 
Attorney General's Whistleblower Reward and Protection Fund 
shall, subject to appropriation, be used by the Attorney 
General for State law enforcement purposes and for the 
performance of the duties of that office.  All moneys deposited 
pursuant to this Act in the State's Attorneys Appellate 
Prosecutor Anti-Corruption Fund shall, subject to 
appropriation, be used by the Office of the  State's Attorneys 
Appellate Prosecutor in the manner set forth in this Section.


(Source: P.A. 96-1019, eff. 1-1-11.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  01/13/2012