2010 Illinois Code CHAPTER 725 CRIMINAL PROCEDURE 725 ILCS 5/ Code of Criminal Procedure of 1963. Article 124B - Forfeiture
(725 ILCS 5/Art. 124B heading)
ARTICLE 124B. FORFEITURE
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 5 heading)
Part 5. General Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑5) Sec. 124B‑5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑10) Sec. 124B‑10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following: (1) A violation of Section 10A‑10 of the Criminal
Code of 1961 (involuntary servitude; involuntary servitude of a minor; trafficking of persons for forced labor or services).
(2) A violation of Section 11‑17.1 of the Criminal
Code of 1961 (keeping a place of juvenile prostitution).
(3) A violation of Section 11‑19.2 of the Criminal
Code of 1961 (exploitation of a child).
(4) A violation of Section 11‑20 of the Criminal Code
of 1961 (obscenity).
(5) A second or subsequent violation of Section
11‑20.1 of the Criminal Code of 1961 (child pornography).
(6) A violation of Section 11‑20.3 of the Criminal
Code of 1961 (aggravated child pornography).
(7) A violation of Section 16D‑5 of the Criminal Code
of 1961 (computer fraud).
(8) A felony violation of Article 17B of the Criminal
Code of 1961 (WIC fraud).
(9) A felony violation of Section 26‑5 of the
Criminal Code of 1961 (dog fighting).
(10) A violation of Article 29D of the Criminal Code
of 1961 (terrorism).
(11) A felony violation of Section 4.01 of the Humane
Care for Animals Act (animals in entertainment).
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑15) Sec. 124B‑15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 100 heading)
Part 100. Standard Forfeiture Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑100) Sec. 124B‑100. Definition; "offense". For purposes of this Article, "offense" is defined as follows: (1) In the case of forfeiture authorized under
Section 10A‑15 of the Criminal Code of 1961, "offense" means the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services in violation of Section 10A‑10 of that Code.
(2) In the case of forfeiture authorized under
Section 11‑17.1 of the Criminal Code of 1961, "offense" means the offense of keeping a place of juvenile prostitution in violation of Section 11‑17.1 of that Code.
(3) In the case of forfeiture authorized under
Section 11‑19.2 of the Criminal Code of 1961, "offense" means the offense of exploitation of a child in violation of Section 11‑19.2 of that Code.
(4) In the case of forfeiture authorized under
Section 11‑20 of the Criminal Code of 1961, "offense" means the offense of obscenity in violation of that Section.
(5) In the case of forfeiture authorized under
Section 11‑20.1 of the Criminal Code of 1961, "offense" means the offense of child pornography in violation of Section 11‑20.1 of that Code.
(6) In the case of forfeiture authorized under
Section 11‑20.3 of the Criminal Code of 1961, "offense" means the offense of aggravated child pornography in violation of Section 11‑20.3 of that Code.
(7) In the case of forfeiture authorized under
Section 16D‑6 of the Criminal Code of 1961, "offense" means the offense of computer fraud in violation of Section 16D‑5 of that Code.
(8) In the case of forfeiture authorized under
Section 17B‑25 of the Criminal Code of 1961, "offense" means any felony violation of Article 17B of that Code.
(9) In the case of forfeiture authorized under
Section 29D‑65 of the Criminal Code of 1961, "offense" means any offense under Article 29D of that Code.
(10) In the case of forfeiture authorized under
Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of the Criminal Code of 1961, "offense" means any felony offense under either of those Sections.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑105) Sec. 124B‑105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑110) Sec. 124B‑110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following: (1) A person with only a general unsecured interest
in, or claim against, the property or estate of another.
(2) A bailee, unless the bailor is identified and the
bailee shows a colorable legitimate interest in the property seized.
(3) A nominee who exercises no dominion or control
over the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑115) Sec. 124B‑115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑120) Sec. 124B‑120. Definition; "property". In this Article, "property" means: (1) Real property, including, without limitation,
land, fixtures or improvements on land, and anything growing on or found in land.
(2) Tangible or intangible personal property,
including, without limitation, rights, privileges, interests, claims, securities, and money.
"Property" includes any leasehold or possessory interest
and, in the case of real property, includes a beneficial interest in a land trust.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑125) Sec. 124B‑125. Real property exempt from forfeiture. (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she 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.
(2) He or she had not acquired and did not stand to
acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
(3) He or she does not hold the property for the
benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
(4) He or she acquired the interest before a notice
of seizure for forfeiture or a lis pendens notice with respect to the property was filed in the office of the recorder of deeds of the county in which the property is located and either:
(A) acquired the interest before the commencement
of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) acquired the interest after the commencement
of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
(5) With respect to a property interest in existence
at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
(A) did not know of the conduct giving rise to
the forfeiture; or
(B) upon learning of the conduct giving rise to
the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
(7) The property is not a type of property,
possession of which is otherwise in violation of law.
(b) For purposes of paragraph (5) of subsection (a), ways
in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
(1) Gave timely notice to an appropriate law
enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
(2) In a timely fashion revoked or made a good faith
attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
A person is not required by this subsection (b) to take
steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑130) Sec. 124B‑130. Personal property exempt from forfeiture. (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she 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.
(2) He or she had not acquired and did not stand to
acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
(3) He or she does not hold the property for the
benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
(4) He or she acquired the interest without knowledge
of the seizure of the property for forfeiture and either:
(A) acquired the interest before the commencement
of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) acquired the interest after the commencement
of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
(5) With respect to a property interest in existence
at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
(A) did not know of the conduct giving rise to
the forfeiture; or
(B) upon learning of the conduct giving rise to
the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
(6) With respect to conveyances, he or she did not
hold the property jointly or in common with a person whose conduct gave rise to the forfeiture.
(7) The property is not a type of property,
possession of which is otherwise in violation of law.
(b) For purposes of paragraph (5) of subsection (a), ways
in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
(1) Gave timely notice to an appropriate law
enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
(2) In a timely fashion revoked or made a good faith
attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
A person is not required by this subsection (b) to take
steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑135) Sec. 124B‑135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption is upon the person claiming the exemption. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑140) Sec. 124B‑140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B‑125 through 124B‑135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following: (1) Severing and releasing the property. (2) Transferring the property to the State with a
provision that the State compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets.
(3) Permitting the innocent owner to retain the
property subject to a lien in favor of the State to the extent of the forfeitable interest in the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑145) Sec. 124B‑145. Property constituting attorney's fees; forfeiture not applicable. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in a forfeiture proceeding under this Article, or in a criminal proceeding relating directly to a forfeiture proceeding under this Article, if (i) the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and (ii) the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑150) Sec. 124B‑150. Protective order; probable cause. (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take other appropriate action, to preserve the availability of property for forfeiture under this Article. Before entering such an order or taking such action, the court shall first determine the following: (1) Whether there is probable cause to believe that
the person or persons so charged have committed the offense.
(2) Whether the property is subject to forfeiture
under this Article.
(b) In order to make the determinations of probable cause
required under subsection (a), the court shall conduct a hearing without a jury. In that hearing, the State must establish both of the following:
(1) There is probable cause that the person or
persons charged have committed the offense.
(2) There is probable cause that property may be
subject to forfeiture under this Article.
(c) The court may conduct the hearing under subsection
(b) simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint. The court may conduct the hearing under subsection (b) at any stage in the criminal proceedings upon the State's motion.
(d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b).
(e) Upon making a finding of probable cause as required
under this Section, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing under this Article.
(f) The Attorney General or State's Attorney shall file a
certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any property of the defendant subject to forfeiture is located.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑155) Sec. 124B‑155. Rights of certain parties unaffected by protective order; release of property. (a) A restraining order or injunction entered, or other action taken, by the court under Section 124B‑150 does not affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lienholder that arose before the date on which a certified copy of the restraining order, injunction, or other prohibition was filed in accordance with subsection (f) of Section 124B‑150. (b) At any time, upon verified petition by the defendant or by an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, the court may conduct a hearing to release all or portions of any property that the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or other action. For good cause shown and in the court's sound discretion, the court may release the property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑160) Sec. 124B‑160. Petition for forfeiture; forfeiture hearing; burden of proof. (a) The Attorney General or State's Attorney may file a petition for forfeiture of property in connection with an offense as defined in this Article, and, within a reasonable time after sentencing, the court shall conduct a hearing to determine whether any property is subject to forfeiture under this Article. Every person with any property interest in the property alleged to be subject to forfeiture may appear as a party and present evidence at the hearing. (b) At the forfeiture hearing, the State has the burden of establishing, by a preponderance of the evidence, that the property is subject to forfeiture under this Article. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑165) Sec. 124B‑165. Order of forfeiture; sale of forfeited property; publication of notice; challenge to forfeiture. (a) Upon the court's determination that property is subject to forfeiture, the court shall enter an order of forfeiture with respect to the property at issue. Except as provided in Section 124B‑705, the order shall authorize the Attorney General or State's Attorney to seize all property declared forfeited under this Article (if the property has not already been seized) upon terms and conditions the court deems proper. The Attorney General or State's Attorney may then sell the forfeited property unless the court determines that the property is required by law to be destroyed or is harmful to the public. (b) Following the entry of the order of forfeiture, the Attorney General or State's Attorney shall cause publication of notice of the order and his or her intent to dispose of the property. Publication shall be in a newspaper of general circulation in the county where the property was seized, for a period of 3 successive weeks. (c) Within 30 days after the publication, any person may petition the court to adjudicate the validity of his or her interest in the property and whether the interest is protected under this Article. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑170) Sec. 124B‑170. Judicial review. (a) Within 30 days after publication of the notice under Section 124B‑165, any person claiming an interest in the property declared forfeited may file a verified claim with the court expressing his or her interest in the property. The claim must set forth the following: (1) The caption of the proceedings as set forth in
the notice of order of forfeiture.
(2) The claimant's name and address. (3) The nature and extent of the claimant's interest
in the property.
(4) The circumstances of the claimant's acquisition
of the interest in the property, including the date of the transfer and the identity of the transferor.
(5) The names and addresses of all other persons
known by the claimant to have an interest in the property.
(6) The specific provision of law relied on in
asserting that the property is not subject to forfeiture.
(7) All essential facts supporting each assertion. (8) The relief sought by the claimant. (b) The claim must be accompanied by a cost bond in the
form of a cashier's check payable to the clerk of the court in the amount of 10% of the reasonable value of the property as alleged by the Attorney General or State's Attorney or the amount of $100, whichever is greater, conditioned upon the claimant's payment, in the case of forfeiture, of all costs and expenses of the proceeding under this Section.
(c) Upon the filing of a claim and cost bond as provided
in this Section, the court shall determine whether the property is subject to forfeiture in accordance with this Article. If none of the seized property is declared forfeited in a proceeding under this Section, then, unless the court orders otherwise, the clerk of the court shall return to the claimant 90% of the amount deposited with the clerk as a cost bond under this Section. If any of the seized property is declared forfeited in a proceeding under this Section, then the clerk of the court shall transfer 90% of the amount deposited with the clerk as a cost bond under this Section to the prosecuting authority. In either case, the clerk shall retain the remaining 10% of the amount deposited as costs for the proceeding under this Section.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑175) Sec. 124B‑175. Distribution of forfeited moneys and proceeds from sale of forfeited property. All moneys forfeited under this Article, together with the proceeds from the sale of all property forfeited under this Article, shall be distributed as set forth in this Article. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑180) Sec. 124B‑180. Segregation of moneys from sale proceeds for certain purposes. Before any distribution under Section 124B‑175 or as otherwise prescribed by law, the court may order the Attorney General or State's Attorney to segregate moneys from the proceeds of the sale sufficient to do any of the following: (1) Satisfy any order of restitution, as the court
may deem appropriate.
(2) Satisfy any legal right, title, or interest that
the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts that gave rise to forfeiture under this Article.
(3) Satisfy any bona fide purchaser for value of the
right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑190) Sec. 124B‑190. Construction. It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their purpose. The forfeiture of property and other remedies under this Article shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 300 heading)
Part 300. Forfeiture; Involuntary Servitude
and Trafficking of Persons
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑300) Sec. 124B‑300. Persons and property subject to forfeiture. A person who commits the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services under Section 10A‑10 of the Criminal Code of 1961 shall forfeit to the State of Illinois any profits or proceeds and any property he or she has acquired or maintained in violation of Section 10A‑10 of the Criminal Code of 1961 that the sentencing court determines, after a forfeiture hearing under this Article, to have been acquired or maintained as a result of maintaining a person in involuntary servitude or participating in trafficking of persons for forced labor or services. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑305) Sec. 124B‑305. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 300 shall be distributed as follows: (1) 50% shall be divided equally between all State
agencies and units of local government whose officers or employees conducted the investigation that resulted in the forfeiture.
(2) 50% shall be deposited into the Violent Crime
Victims Assistance Fund and targeted to services for victims of the offenses of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑310) Sec. 124B‑310. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 300. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 400 heading)
Part 400. Obscenity
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑400) Sec. 124B‑400. Legislative declaration. Obscenity is a far‑reaching and extremely profitable crime. This crime persists despite the threat of prosecution and successful prosecution because existing sanctions do not effectively reach the money and other assets generated by it. It is therefore necessary to supplement existing sanctions by mandating forfeiture of money and other assets generated by this crime. Forfeiture diminishes the financial incentives that encourage and sustain obscenity and secures for the State, local government, and prosecutors a resource for prosecuting these crimes. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑405) Sec. 124B‑405. Persons and property subject to forfeiture. A person who has been convicted previously of the offense of obscenity under Section 11‑20 of the Criminal Code of 1961 and who is convicted of a second or subsequent offense of obscenity under that Section shall forfeit the following to the State of Illinois: (1) Any property constituting or derived from any
proceeds that the person obtained, directly or indirectly, as a result of the offense.
(2) Any of the person's property used in any manner,
wholly or in part, to commit the offense.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑410) Sec. 124B‑410. No prior restraint. Nothing in this Part 400 shall be construed as authorizing the prior restraint of any showing, performance, or exhibition of allegedly obscene films, plays, or other presentations or of any sale or distribution of allegedly obscene materials. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑415) Sec. 124B‑415. Order to destroy property. If the Attorney General or State's Attorney believes any property forfeited and seized under this Part 400 describes, depicts, or portrays any of the acts or activities described in subsection (b) of Section 11‑20 of the Criminal Code of 1961, the Attorney General or State's Attorney shall apply to the court for an order to destroy that property. If the court determines that the property describes, depicts, or portrays such acts or activities it shall order the Attorney General or State's Attorney to destroy the property. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑420) Sec. 124B‑420. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 400 shall be distributed as follows: (1) 50% shall be distributed to the unit of local
government whose officers or employees conducted the investigation into the offense and caused the arrest or arrests and prosecution leading to the forfeiture, except that if the investigation, arrest or arrests, and prosecution leading to the forfeiture were undertaken by the sheriff, this portion shall be distributed to the county for deposit into a special fund in the county treasury appropriated to the sheriff. Amounts distributed to the county for the sheriff or to units of local government under this paragraph shall be used for enforcement of laws or ordinances governing obscenity and child pornography. If the investigation, arrest or arrests, and prosecution leading to the forfeiture were undertaken solely by a State agency, however, the portion designated in this paragraph shall be paid into the State treasury to be used for enforcement of laws governing obscenity and child pornography.
(2) 25% shall be distributed to the county in which
the prosecution resulting in the forfeiture was instituted, deposited into a special fund in the county treasury, and appropriated to the State's Attorney for use in the enforcement of laws governing obscenity and child pornography.
(3) 25% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited into the Obscenity Profits 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 Sections 11‑20, 11‑20.1, and 11‑20.3 of the Criminal Code of 1961. 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.
(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑425) Sec. 124B‑425. Forfeiture provisions not applicable to libraries. This Part 400 does not apply to any property of a public library or any property of a library operated by an institution accredited by a generally recognized accrediting agency. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑430) Sec. 124B‑430. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 400. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 500 heading)
Part 500. Other Sex Offenses
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑500) Sec. 124B‑500. Persons and property subject to forfeiture. A person who commits the offense of keeping a place of juvenile prostitution, exploitation of a child, child pornography, or aggravated child pornography under Section 11‑17.1, 11‑19.2, 11‑20.1, or 11‑20.3 of the Criminal Code of 1961 shall forfeit the following property to the State of Illinois: (1) Any profits or proceeds and any property the
person has acquired or maintained in violation of Section 11‑17.1, 11‑19.2, 11‑20.1, or 11‑20.3 of the Criminal Code of 1961 that the sentencing court determines, after a forfeiture hearing under this Article, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child, child pornography, or aggravated child pornography.
(2) Any interest in, securities of, claim against, or
property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of Section 11‑17.1, 11‑19.2, 11‑20.1, or 11‑20.3 of the Criminal Code of 1961 that the sentencing court determines, after a forfeiture hearing under this Article, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child, child pornography, or aggravated child pornography.
(3) Any computer that contains a depiction of child
pornography in any encoded or decoded format in violation of Section 11‑20.1 or 11‑20.3 of the Criminal Code of 1961. For purposes of this paragraph (3), "computer" has the meaning ascribed to it in Section 16D‑2 of the Criminal Code of 1961.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑505) Sec. 124B‑505. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 500 shall be distributed as follows: (1) One‑half shall be divided equally between all
State agencies and units of local government whose officers or employees conducted the investigation that resulted in the forfeiture.
(2) One‑half shall be deposited into the Violent
Crime Victims Assistance Fund.
(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑510) Sec. 124B‑510. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 500. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 600 heading)
Part 600. Computer Crime
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑600) Sec. 124B‑600. Persons and property subject to forfeiture. A person who commits the offense of computer fraud as set forth in Section 16D‑5 of the Criminal Code of 1961 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, the person has acquired or maintained, directly or indirectly, in whole or in part, as a result of that offense. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired through computer fraud. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑605) Sec. 124B‑605. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 600 shall be distributed as follows: (1) 50% shall be distributed to the unit of local
government whose officers or employees conducted the investigation into computer fraud and caused the arrest or arrests and prosecution leading to the forfeiture. Amounts distributed to units of local government shall be used for training or enforcement purposes relating to detection, investigation, or prosecution of financial crimes, including computer fraud. If, however, the investigation, arrest or arrests, and prosecution leading to the forfeiture were undertaken solely by a State agency, the portion provided under this paragraph (1) shall be paid into the State Police Services Fund of the Illinois Department of State Police to be used for training or enforcement purposes relating to detection, investigation, or prosecution of financial crimes, including computer fraud.
(2) 50% shall be distributed to the county in which
the prosecution and petition for forfeiture resulting in the forfeiture was instituted by the State's Attorney and shall be deposited into a special fund in the county treasury and appropriated to the State's Attorney for use in training or enforcement purposes relating to detection, investigation, or prosecution of financial crimes, including computer fraud. If a prosecution and petition for forfeiture resulting in the forfeiture has been maintained by the Attorney General, 50% of the proceeds shall be paid into the Attorney General's Financial Crime Prevention Fund. If the Attorney General and the State's Attorney have participated jointly in any part of the proceedings, 25% of the proceeds forfeited shall be paid to the county in which the prosecution and petition for forfeiture resulting in the forfeiture occurred, and 25% shall be paid into the Attorney General's Financial Crime Prevention Fund to be used for the purposes stated in this paragraph (2).
(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑610) Sec. 124B‑610. Computer used in commission of felony; forfeiture. If a person commits a felony under any provision of the Criminal Code of 1961 or another statute and the instrumentality used in the commission of the offense, or in connection with or in furtherance of a scheme or design to commit the offense, is a computer owned by the defendant (or, if the defendant is a minor, owned by the minor's parent or legal guardian), the computer is subject to forfeiture under this Article. A computer, or any part of a computer, is not subject to forfeiture under this Article, however, under either of the following circumstances: (1) The computer accessed in the commission of the
offense was owned or leased by the victim or an innocent third party at the time the offense was committed.
(2) The rights of a creditor, lienholder, or person
having a security interest in the computer at the time the offense was committed will be adversely affected.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑615) Sec. 124B‑615. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 600. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 700 heading)
Part 700. WIC Fraud
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑700) Sec. 124B‑700. Persons and property subject to forfeiture. A person who commits a felony violation of Article 17B of the Criminal Code of 1961 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired, in whole or in part, as a result of committing the violation or (ii) the person has maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Article 17B of the Criminal Code of 1961. Property subject to forfeiture under this Part 700 includes the following: (1) All moneys, things of value, books, records, and
research products and materials that are used or intended to be used in committing a felony violation of Article 17B of the Criminal Code of 1961.
(2) Everything of value furnished, or intended to be
furnished, in exchange for a substance in violation of Article 17B of the Criminal Code of 1961; all proceeds traceable to that exchange; and all moneys, negotiable instruments, and securities used or intended to be used to commit or in any manner to facilitate the commission of a felony violation of Article 17B of the Criminal Code of 1961.
(3) 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, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a felony violation of Article 17B of the Criminal Code of 1961 or that is the proceeds of any act that constitutes a felony violation of Article 17B of the Criminal Code of 1961.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑705) Sec. 124B‑705. Seizure and inventory of property subject to forfeiture. Property taken or detained under this Part shall not be subject to replevin, but is deemed to be in the custody of the Director of State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the Attorney General or State's Attorney under this Article. When property is seized under this Article, 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 estimate of the property's value to the Director of State Police. Upon receiving the notice of seizure, the Director may do any of the following: (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 the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property.
(6) Provide for another agency or custodian,
including an owner, secured party, or lienholder, to take custody of the property on terms and conditions set by the Director.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑710) Sec. 124B‑710. Sale of forfeited property by Director of State Police; return to seizing agency or prosecutor. (a) The court shall authorize the Director of State Police to seize any property declared forfeited under this Article on terms and conditions the court deems proper. (b) When property is forfeited under this Part 700, the Director of State Police shall sell the property unless the property is required by law to be destroyed or is harmful to the public. The Director shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B‑715. (c) On the application of the seizing agency or prosecutor who was responsible for the investigation, arrest, and prosecution that lead to the forfeiture, however, 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 Article 17B of the Criminal Code of 1961 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 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 Section 124B‑715. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑715) Sec. 124B‑715. Distribution of all other property and sale proceeds. All moneys and the sale proceeds of all property forfeited and seized under this Part 700 and not returned to a seizing agency or prosecutor under subsection (c) of Section 124B‑705 shall be distributed to the Special Supplemental Food Program for Women, Infants and Children (WIC) program administered by the Illinois Department of Human Services. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑720) Sec. 124B‑720. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 700. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 800 heading)
Part 800. Terrorism
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑800) Sec. 124B‑800. Persons and property subject to forfeiture. (a) A person who commits an offense under Article 29D of the Criminal Code of 1961 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired or maintained, directly or indirectly, in whole or in part, as a result of the offense or (ii) the person used, was about to use, or intended to use in connection with the offense. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a violation of Article 29D of the Criminal Code of 1961 or that the person used, was about to use, or intended to use in connection with a violation of Article 29D of the Criminal Code of 1961. (b) For purposes of this Part 800, "person" has the meaning given in Section 124B‑115 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and any officer, director, partner, member, or agent of any person. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑805) Sec. 124B‑805. Asset freeze or seizure; ex parte proceeding. (a) Whenever it appears that there is probable cause to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute an offense as defined in this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all assets of that person. Upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that person. A copy of the freeze or seize order shall be served upon the person whose property has been frozen or seized. (b) At any time within 30 days after service of the order to freeze or seize property, the person whose property was ordered frozen or seized, or any person claiming an interest in the property, may file a motion to release his or her property. The court shall hold a hearing on the motion within 10 days. (c) In any proceeding to release property, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute an offense as defined in this Article. If the court finds that any property was being used, is about to be used, or is intended to be used in any way that constitutes or would constitute an offense as defined in this Article, the court shall order the property frozen or held until further order of the court. Any property so ordered held or frozen is subject to forfeiture under the procedures set forth in this Article. (d) Upon the request of the defendant, the court may release property frozen or seized under this Section in an amount sufficient to pay attorney's fees for representation of the defendant at a hearing conducted under this Article. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑810) Sec. 124B‑810. Forfeiture hearing following property freeze or seizure. (a) If a person having any property interest in property frozen or seized under Section 124B‑805 is charged with an offense within 60 days after the property is frozen or seized, the court that renders judgment on the charge shall conduct a forfeiture hearing within 30 days after the judgment to determine whether the property (i) was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense or (ii) was integrally related to any offense as defined in this Article or intended offense as defined in this Article. (b) The State shall commence a forfeiture proceeding under subsection (a) by filing a written petition with the court. The petition must be verified and must include the following: (1) Material allegations of fact. (2) The name and address of every person determined
by the State to have any property interest in the frozen or seized property.
(3) A representation that written notice of the date,
time, and place of the forfeiture hearing has been mailed to every person described in paragraph (2) by certified mail at least 10 days before the date.
(4) A request for forfeiture. (c) Every person described in paragraph (2) of subsection
(b) may appear as a party and present evidence at the hearing. The quantum of proof required is a preponderance of the evidence, and the burden of proof is on the State.
(d) If the court determines that the frozen or seized
property was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense, or was integrally related to any offense as defined in this Article or intended offense as defined in this Article, the court shall enter an order of forfeiture and disposition of the frozen or seized property. All property forfeited may be liquidated, and the resultant money, together with any other money forfeited, shall be distributed as set forth in this Article.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑815) Sec. 124B‑815. No release of property for payment of attorney's fees. No judge shall release any property that is the subject of a petition filed under subsection (b) of Section 124B‑810 or a hearing conducted under Section 124B‑150 or 124B‑160 for the payment of attorney's fees for any person claiming an interest in that property. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑820) Sec. 124B‑820. No offense charged or no conviction; in rem proceeding. (a) If a person is not charged with an offense within 60 days after property is frozen or seized under Section 124B‑805, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction, or if a judgment of acquittal is entered, the Attorney General or State's Attorney shall immediately commence an in rem proceeding for the forfeiture of any frozen or seized property in the circuit court by filing a complaint that contains the same information as required in a petition under subsection (b) of Section 124B‑810. The court shall conduct the in rem proceeding in the same manner as other forfeiture proceedings under this Article. (b) Any person having any property interest in the frozen or seized property may commence a separate civil proceeding in the manner provided by law. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑825) Sec. 124B‑825. Distribution of property and sale proceeds. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale of forfeited property, along with any property forfeited or seized, between participating law enforcement agencies in equitable portions as determined by the court entering the forfeiture order. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑830) Sec. 124B‑830. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 800. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/Art. 124B Pt. 900 heading)
Part 900. Animals
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑900) Sec. 124B‑900. Legislative declaration. The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show, exhibition, program, or other activity featuring or otherwise involving a fight between an animal and any other animal or human or involving the intentional killing of any animal for the purpose of sport, wagering, or entertainment will have a significant beneficial effect in deterring the rising incidence of those activities within this State, as well as other crimes that frequently occur in partnership with animal fighting, such as illegal gambling, possession of narcotics, and weapons violations. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑905) Sec. 124B‑905. Persons and property subject to forfeiture. A person who commits a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 26‑5 of the Criminal Code of 1961 shall forfeit the following: (1) Any moneys, profits, or proceeds the person
acquired, in whole or in part, as a result of committing the violation.
(2) Any real property or interest in real property
that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired, in whole or in part, as a result of committing the violation or (ii) the person has maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. Real property subject to forfeiture under this Part 900 includes property that belongs to any of the following:
(A) The person organizing the show, exhibition,
program, or other activity described in subsections (a) through (g) of Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of the Criminal Code of 1961.
(B) Any other person participating in the
activity described in subsections (a) through (g) of Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of the Criminal Code of 1961 who is related to the organization and operation of the activity.
(C) Any person who knowingly allowed the
activities to occur on his or her premises.
The person shall also forfeit any interest in, securities
of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 26‑5 of the Criminal Code of 1961.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑910) Sec. 124B‑910. Notice to or service on owner or interest holder. (a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Article, the notice or service shall be given or made as follows: (1) If the owner's or interest holder's name and
current address are known, then notice or service shall be given or made either by personal service or by 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. If an owner's or interest holder's address changes before the effective date of the notice of pending forfeiture, however, the owner or interest holder shall promptly notify the seizing agency of the change in address. If the owner's or interest holder's address changes after the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney or Attorney General of the change in address.
(2) If the property seized is a conveyance, then
notice or service shall be given or made to the 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. Notice shall be given by mailing a copy of the notice by certified mail, return receipt requested, to that address.
(3) If the owner's or interest holder's address is
not known and is not on record as provided in paragraph (2), then notice of pending forfeiture shall be given by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.
(b) Notice of pending forfeiture served under this
Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑915) Sec. 124B‑915. Property vests in State. All property declared forfeited under this Article vests in the State on the date of 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 Article that the transferee's interest is exempt from forfeiture. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑920) Sec. 124B‑920. Defendant precluded from later denying the essential allegations of the offense. 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 Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑925) Sec. 124B‑925. Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into an agreed‑upon settlement concerning the seized property in an amount and upon terms that are set out in writing in a settlement agreement. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑930) Sec. 124B‑930. Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody of the Director of 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 or Attorney General under this Article. (b) When property is forfeited under this Article, the Director of State Police shall sell all such property and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B‑935. (Source: P.A. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑935) Sec. 124B‑935. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 900 shall be distributed as follows: (1) 65% shall be distributed to the local, municipal,
county, or State law enforcement agency or agencies that 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.
(2) 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 for use in the enforcement of laws, including laws governing animal fighting.
(3) 12.5% shall be distributed to the Illinois
Department of Agriculture for reimbursement of expenses incurred in the investigation, prosecution, and appeal of cases arising under laws governing animal fighting.
(4) 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. 96‑712, eff. 1‑1‑10.)
(725 ILCS 5/124B‑940) Sec. 124B‑940. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 900. (Source: P.A. 96‑712, eff. 1‑1‑10.)
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