Illinois Compiled Statutes 725 ILCS 150 — Drug Asset Forfeiture Procedure Act.

Short Title

Short Title. This Act shall be known and may be cited as the Drug Asset Forfeiture Procedure Act. (Source: P.A. 86-1382.)

Legislative Declaration

Legislative Declaration. The General Assembly finds that the civil forfeiture of property which is used or intended to be used in, is attributable to or facilitates the manufacture, sale, transportation, distribution, possession or use of substances in certain violations of the Illinois Controlled Substances Act, the C…

Applicability

Applicability. The provisions of this Act are applicable to all property forfeitable under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act. (Source: P.A. 96-573, eff. 8-18-09.)

Seizure

Seizure. (a) Actual physical seizure of real property subject to forfeiture under this Act requires the issuance of a seizure warrant. Nothing in this Section prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against…

Receipt for seized property

Receipt for seized property. If a law enforcement officer seizes property that is subject to forfeiture, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be given, shall leave the receipt in the place where the property was foun…

Safekeeping of seized property pending disposition

Safekeeping of seized property pending disposition. (a) Property seized under this Act is deemed to be in the custody of the Director of the Illinois State Police, 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 u…

Preliminary review

Preliminary review. (a) Within 14 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not apply to any proceeding conducted under this Section. (c) The court may…

Notice to owner or interest holder

Notice to owner or interest holder. The first attempted service of notice shall be commenced within 28 days of the filing of the verified claim or the receipt of the notice from the seizing agency by Illinois State Police Notice/Inventory of Seized Property (Form 4-64), whichever occurs sooner. A complaint for forfeitu…

Notice to State's Attorney

Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or the Illinois Food, Drug, and Cosmetic Act shall, as soon as practicable but not later than 28 day…

Replevin prohibited; return of personal property inside seized conveyance

Replevin prohibited; return of personal property inside seized conveyance. (a) Property seized under this Act shall not be subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order and judgments of the circuit court having jurisdiction over the forfe…

Non-judicial forfeiture

Non-judicial forfeiture. If non-real property that exceeds $150,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the State's Attorney sh…

Presumptions and inferences

Presumptions and inferences. (1) The following situation shall give rise to a presumption that the property described therein was furnished or intended to be furnished in exchange for a substance in violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Communi…

Exemptions from forfeiture

Exemptions from forfeiture. (a) No vessel or watercraft, vehicle, or aircraft used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under this Act unless the State proves by a preponderance of the evidence that: (1) in the case of a railway car or engine, the owner,…

Judicial in rem procedures

Judicial in rem procedures. If property seized under the provisions of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is non-real property that exceeds $150,000 in value excluding the value of any conveyance, or is real property, or a claima…

Innocent owner hearing

Innocent owner hearing. (a) After a complaint for forfeiture is filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and supported by sworn affidavit and shall assert the following along with specific fact…

Proportionality

Proportionality. Property forfeited under this Act shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Am…

Stay of time periods

Stay of time periods. If property is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the property is no longer necessary for evidence. (Source: P.A. 86-1382.)

Settlement of claims

Settlement of claims. Notwithstanding other provisions of this Act, the State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in such an amount and upon such terms as are set out in writing in a settlement agreement. All proceeds from a settlement agr…

Nothing in this Act shall apply to property which constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating directly thereto where such property was paid before its seizure, before the issuance of any seizure…

Construction

Construction. It shall be the intent of the General Assembly that the forfeiture provisions of this Act be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies hereunder shall be considered to be in addition, and not exclusive of any sentence or other remedy provided…

(was 725 ILCS 150/15) Sec

(was 725 ILCS 150/15) Sec. 13.1. Return of property, damages, and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasonable time not to exceed 7 days, unless the order is stayed by…

(was 725 ILCS 150/17) Sec

(was 725 ILCS 150/17) Sec. 13.2. Distribution of proceeds; selling or retaining seized property prohibited. (a) Except as otherwise provided in this Section, the court shall order that property forfeited under this Act be delivered to the Illinois State Police within 60 days. (b) All moneys and the sale proceeds of all…

(was 725 ILCS 150/20) Sec

(was 725 ILCS 150/20) Sec. 13.3. Reporting. Property seized or forfeited under this Act is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

Applicability; savings clause

Applicability; savings clause. (a) The changes made to this Act by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Act by Public Act 100-699 are subject to Section 4 of the Statute on Statutes. (Source: P.A. 100-699, eff. 8-3-18; 100-1163,…

Judicial review

Judicial review. If property has been declared forfeited under Section 6 of this Act, any person who has an interest in the property declared forfeited may, within 30 days of the effective date of the notice of the declaration of forfeiture, file a claim as described in subsection (C) of Section 6 of this Act. If a cla…