(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)
Sec. 4.
Notice to Owner or Interest Holder.
(A) Whenever notice of pending forfeiture or service of an in rem
complaint is required under the provisions of this Act, such notice or
service shall be given as follows:
(1) If the owner's or interest holder's name and |
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current address are known, then by either personal service or mailing a copy of the notice by certified mail, return receipt requested, to that address. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, then the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address; or
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(2) If the property seized is a conveyance, to the
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address reflected in the office of the agency or official in which title or interest to the conveyance is required by law to be recorded, then by mailing a copy of the notice by certified mail, return receipt requested, to that address; or
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(3) If the owner's or interest holder's address is
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not known, and is not on record as provided in paragraph (2), then by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.
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(B) Notice served under this Act is effective upon personal service,
the last date of publication, or the mailing of written notice, whichever
is earlier.
(Source: P.A. 86‑1382; 87‑614.)
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(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
Sec. 6. Non‑Judicial Forfeiture. If non‑real property that exceeds
$20,000 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 shall institute judicial in
rem forfeiture proceedings as described in Section 9 of this Act within 45
days from receipt of notice of seizure from the seizing agency under
Section 5 of this Act. However, if non‑real property that does not exceed
$20,000 in value excluding the value of any conveyance is seized, the
following procedure shall be used:
(A) If, after review of the facts surrounding the seizure, the State's
Attorney is of the opinion that the seized property is subject to
forfeiture, then within 45 days of the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of pending
forfeiture to be given to the owner of the property and all known interest
holders of the property in accordance with Section 4 of this Act.
(B) The notice of pending forfeiture must include a description of the
property, the estimated value of the property, the date and place of
seizure, the conduct giving rise to forfeiture or the violation of law
alleged, and a summary of procedures and procedural rights applicable to
the forfeiture action.
(C) (1) Any person claiming an interest in property
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which is the subject of notice under subsection (A) of Section 6 of this Act, may, within 45 days after the effective date of notice as described in Section 4 of this Act, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim must set forth:
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(i) the caption of the proceedings as set forth
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on the notice of pending forfeiture and the name of the claimant;
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(ii) the address at which the claimant will
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(iii) the nature and extent of the claimant's
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interest in the property;
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(iv) the date, identity of the transferor, and
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circumstances of the claimant's acquisition of the interest in the property;
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(v) the name and address of all other persons
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known to have an interest in the property;
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(vi) the specific provision of law relied on in
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asserting the property is not subject to forfeiture;
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(vii) all essential facts supporting each
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(viii) the relief sought.
(2) If a claimant files the claim and deposits with
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the State's Attorney a cost bond, in the form of a cashier's check payable to the clerk of the court, in the sum of 10 percent of the reasonable value of the property as alleged by the State's Attorney or the sum of $100, whichever is greater, upon condition that, in the case of forfeiture, the claimant must pay all costs and expenses of forfeiture proceedings, then the State's Attorney shall institute judicial in rem forfeiture proceedings and deposit the cost bond with the clerk of the court as described in Section 9 of this Act within 45 days after receipt of the claim and cost bond. In lieu of a cost bond, a person claiming interest in the seized property may file, under penalty of perjury, an indigency affidavit.
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(3) If none of the seized property is forfeited in
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the judicial in rem proceeding, the clerk of the court shall return to the claimant, unless the court orders otherwise, 90% of the sum which has been deposited and shall retain as costs 10% of the money deposited. If any of the seized property is forfeited under the judicial forfeiture proceeding, the clerk of the court shall transfer 90% of the sum which has been deposited to the State's Attorney prosecuting the civil forfeiture to be applied to the costs of prosecution and the clerk shall retain as costs 10% of the sum deposited.
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(D) If no claim is filed or bond given within the 45 day period as
described in subsection (C) of Section 6 of this Act, the State's Attorney
shall declare the property forfeited and shall promptly notify the
owner and all known interest holders of the property and the Director of the
Illinois Department of State Police of the declaration of forfeiture and
the Director shall dispose of the property in accordance with law.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
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(725 ILCS 150/8) (from Ch. 56 1/2, par. 1678)
Sec. 8.
Exemptions from forfeiture.
A property interest is exempt
from forfeiture under this Section if its owner or interest holder
establishes by a preponderance of evidence that the owner or interest holder:
(A)(i) in the case of personal property, is not legally accountable
for the conduct giving rise to the forfeiture, did not acquiesce in it, and
did not know and could not reasonably have known of the conduct or that
the conduct was likely to occur, or
(ii) in the case of real property, is not legally accountable for
the conduct giving rise to the forfeiture, or did not solicit, conspire, or
attempt to commit the conduct giving rise to the forfeiture; and
(B) had not acquired and did not stand to acquire substantial proceeds
from the conduct giving rise to its forfeiture other than as an interest
holder in an arms length commercial transaction; and
(C) with respect to conveyances, did not hold the property jointly or in
common with a person whose conduct gave rise to the forfeiture; and
(D) does not hold the property for the benefit of or as nominee for any
person whose conduct gave rise to its forfeiture, and, if the owner or
interest holder acquired the interest through any such person, the owner or
interest holder acquired it as a bona fide purchaser for value without
knowingly taking part in the conduct giving rise to the forfeiture; and
(E) that the owner or interest holder acquired the interest:
(i) before the commencement of the conduct giving rise to its forfeiture
and the person whose conduct gave rise to its forfeiture did not have the
authority to convey the interest to a bona fide purchaser for value at the
time of the conduct; or
(ii) after the commencement of the conduct giving rise to its forfeiture,
and the owner or interest holder acquired the interest as a mortgagee,
secured creditor, lienholder, or bona fide purchaser for value without
knowledge of the conduct which gave rise to the forfeiture; and
(a) in the case of personal property, without knowledge of the seizure
of the property for forfeiture; or
(b) in the case of real estate, before the filing in the office of the
Recorder of Deeds of the county in which the real estate is located of a
notice of seizure for forfeiture or a lis pendens notice.
(Source: P.A. 86‑1382.)
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(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
Sec. 9. 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 $20,000 in value excluding the value
of any conveyance, or is real property, or a claimant has filed a claim and
a cost bond under subsection (C) of Section 6 of this Act, the following
judicial in rem procedures shall apply:
(A) If, after a review of the facts surrounding the seizure, the State's
Attorney is of the opinion that the seized property is subject to
forfeiture, then within 45 days of the receipt of notice of seizure by the
seizing agency or the filing of the claim and cost bond, whichever is
later, the State's Attorney shall institute judicial forfeiture proceedings
by filing a verified complaint for forfeiture and, if the claimant has
filed a claim and cost bond, by depositing the cost bond with the clerk of
the court. When authorized by law, a forfeiture must be ordered by a court
on an action in rem brought by a State's Attorney under a verified
complaint for forfeiture.
(B) During the probable cause portion of the judicial in rem
proceeding wherein the State presents its case‑in‑chief, the court must
receive and consider, among other things, all relevant hearsay evidence and
information. The laws of evidence relating to civil actions shall apply to
all other portions of the judicial in rem proceeding.
(C) Only an owner of or interest holder in the property may file an
answer asserting a claim against the property in the action in rem. For
purposes of this Section, the owner or interest holder shall be referred
to as claimant.
(D) The answer must be signed by the owner or interest holder under
penalty of perjury and must set forth:
(i) the caption of the proceedings as set forth on
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the notice of pending forfeiture and the name of the claimant;
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(ii) the address at which the claimant will accept
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(iii) the nature and extent of the claimant's
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interest in the property;
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(iv) the date, identity of transferor, and
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circumstances of the claimant's acquisition of the interest in the property;
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(v) the name and address of all other persons known
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to have an interest in the property;
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(vi) the specific provisions of Section 8 of this
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Act relied on in asserting it is not subject to forfeiture;
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(vii) all essential facts supporting each assertion;
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(viii) the precise relief sought.
(E) The answer must be filed with the court within 45 days after service
of the civil in rem complaint.
(F) The hearing must be held within 60 days after filing of the answer
unless continued for good cause.
(G) The State shall show the existence of probable cause for forfeiture
of the property. If the State shows probable cause, the claimant has the
burden of showing by a preponderance of the evidence that the claimant's
interest in the property is not subject to forfeiture.
(H) If the State does not show existence of probable cause or a claimant
has established by a preponderance of evidence that the claimant has an
interest that is exempt under Section 8 of this Act, the court shall order
the interest in the property returned or conveyed to the claimant and shall
order all other property forfeited to the State. If the State does show
existence of probable cause and the claimant does not establish by a
preponderance of evidence that the claimant has an interest that is exempt
under Section 8 of this Act, the court shall order all property forfeited
to the State.
(I) A defendant convicted in any criminal proceeding is precluded from
later denying the essential allegations of the criminal offense of which
the defendant was convicted in any proceeding under this Act
regardless of the pendency of an appeal from that conviction. However,
evidence of the pendency of an appeal is admissible.
(J) An acquittal or dismissal in a criminal proceeding shall not
preclude civil proceedings under this Act; however, for good cause shown,
on a motion by the State's Attorney, the court may stay civil forfeiture
proceedings during the criminal trial for a related criminal indictment or
information alleging a violation of the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act. Such a stay shall not be available pending an
appeal. Property subject to forfeiture under the Illinois Controlled
Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act shall not be subject to return
or release by a court exercising jurisdiction over a criminal case
involving the seizure of such property unless such return or release is
consented to by the State's Attorney.
(K) All property declared forfeited under this Act vests in this State
on the commission of the conduct giving rise to forfeiture together with
the proceeds of the property after that time. Any such property or
proceeds subsequently transferred to any person remain subject to
forfeiture and thereafter shall be ordered forfeited unless the transferee
claims and establishes in a hearing under the provisions of this Act that
the transferee's interest is exempt under Section 8 of this Act.
(L) A civil action under this Act must be commenced within 5 years
after the last conduct giving rise to forfeiture became known or should
have become known or 5 years after the forfeitable property is
discovered, whichever is later, excluding any time during which either the
property or claimant is out of the State or in confinement or during which
criminal proceedings relating to the same conduct are in progress.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
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