Illinois Compiled Statutes 725 ILCS 175 — Narcotics Profit Forfeiture Act.

This Act shall be known and may be cited as the Narcotics Profit Forfeiture Act

This Act shall be known and may be cited as the Narcotics Profit Forfeiture Act. (Source: P.A. 82-940.)

Legislative Declaration

Legislative Declaration. Narcotics racketeering is a far-reaching and extremely profitable criminal enterprise. Racketeering schemes persist despite the threat of prosecution and the actual prosecution and imprisonment of individual participants because existing sanctions do not effectively reach the money and other as…

Definitions

Definitions. (a) "Narcotics activity" means: 1. Any conduct punishable as a felony under the Cannabis Control Act or the Illinois Controlled Substances Act, or 2. Any conduct punishable, by imprisonment for more than one year, as an offense against the law of the United States or any State, concerning narcotics, contro…

A person commits narcotics racketeering when he: (a) Receives income knowing such income to be derived, directly or indirectly, from a pattern of narcotics activity in which he participated, or for which he is accountable under Section 5-2 of the Criminal Code of 2012; or (b) Receives income, knowing such income to be…

(Text of Section before amendment by P

(Text of Section before amendment by P.A. 104-131) 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 Paraphernal…

(a) Whenever any person pleads guilty to, is found guilty of or is placed on supervision for an offense under this Act, a fine may be levied in addition to any other penalty imposed by the court

(a) Whenever any person pleads guilty to, is found guilty of or is placed on supervision for an offense under this Act, a fine may be levied in addition to any other penalty imposed by the court. (b) In determining whether to impose a fine under this Section and the amount, time for payment and method of payment of any…

(Text of Section from P

(Text of Section from P.A. 104-2) Sec. 5.2. (a) Twelve and one-half percent of all amounts collected as fines pursuant to the provisions of this Act shall be paid into the Drug Treatment Fund, to be used by the Department of Human Services for the funding of programs and services for drug-abuse treatment, and preventio…

(a) The circuit courts of the State shall have jurisdiction to prevent and restrain violations of this Act by issuing appropriate orders, including, but not limited to: ordering any person to divest himself of any interest, direct or indirect, in any enterprise; imposing reasonable restriction on the future activities…

Reporting

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.)

Any civil action or proceeding under this Act against any person may be instituted in the circuit court for any county in which such person resides, is found, has an agent, transacts his affairs, or in which property that is the subject of these proceedings is located. (Source: P.A. 82-940.)

It is the intent of the General Assembly that this Act be liberally construed so as to effect the purposes of this Act and be construed in accordance with similar provisions contained in Title IX of the Organized Crime Control Act of 1970, as amended (18 U.S.C. 1961-1968). (Source: P.A. 82-940.)

If any provision of this Act or the application thereof to any person or circumstance is invalid, such invalidation shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable…

This Act takes effect upon becoming law

This Act takes effect upon becoming law. (Source: P.A. 82-940.)