Bill Text: IL SB2342 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Methamphetamine Control and Community Protection Act. Makes a technical change in a Section concerning the short title.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2018-12-20 - Public Act . . . . . . . . . 100-1163 [SB2342 Detail]

Download: Illinois-2017-SB2342-Chaptered.html

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Public Act 100-1163
SB2342 Enrolled LRB100 17956 MRW 33140 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 Seizure and Forfeiture Reporting Act is
amended by changing Section 20 as follows:
(5 ILCS 810/20)
Sec. 20. Applicability. This Act and the changes made to
this Act by Public Act 100-699 this amendatory Act of the 100th
General Assembly only apply to property seized on and after
July 1, 2018.
(Source: P.A. 100-699, eff. 8-3-18.)
Section 10. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.23 as follows:
(410 ILCS 620/3.23)
Sec. 3.23. Legend drug prohibition.
(a) In this Section:
"Legend drug" means a drug limited by the Federal Food,
Drug and Cosmetic Act to being dispensed by or upon a medical
practitioner's prescription because the drug is:
(1) habit forming;
(2) toxic or having potential for harm; or

(3) limited in use by the new drug application for the
drug to use only under a medical practitioner's
supervision.
"Medical practitioner" means any person licensed to
practice medicine in all its branches in the State.
"Deliver" or "delivery" means the actual, constructive, or
attempted transfer of possession of a legend drug, with or
without consideration, whether or not there is an agency
relationship.
"Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
legend drug, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging
of the substance or labeling of its container. "Manufacture"
does not include:
(1) by an ultimate user, the preparation or compounding
of a legend drug for his or her own use; or
(2) by a medical practitioner, or his or her authorized
agent under his or her supervision, the preparation,
compounding, packaging, or labeling of a legend drug:
(A) as an incident to his or her administering or
dispensing of a legend drug in the course of his or her
professional practice; or
(B) as an incident to lawful research, teaching, or

chemical analysis and not for sale.
"Prescription" has the same meaning ascribed to it in
Section 3 of the Pharmacy Practice Act.
(b) It is unlawful for any person to knowingly manufacture
or deliver or possess with the intent to manufacture or deliver
a legend drug of 6 or more pills, tablets, capsules, or caplets
or 30 ml or more of a legend drug in liquid form who is not
licensed by applicable law to prescribe or dispense legend
drugs or is not an employee of the licensee operating in the
normal course of business under the supervision of the
licensee. Any person who violates this Section is guilty of a
Class 3 felony, the fine for which shall not exceed $100,000. A
person convicted of a second or subsequent violation of this
Section is guilty of a Class 1 felony, the fine for which shall
not exceed $250,000.
(c) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any
kind which are used, or intended for use, in manufacturing,
distributing, dispensing, administering, or possessing any
substance in violation of this Section;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of any substance
manufactured, distributed, dispensed, or possessed in

violation of this Section or property described in
paragraph (2) of this subsection (c), but:
(A) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to the violation;
(B) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent; and
(C) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data that are used, or intended to be
used, in violation of this Section;
(5) everything of value furnished, or intended to be
furnished, in exchange for a substance in violation of this
Section, all proceeds traceable to such an exchange, and
all moneys, negotiable instruments, and securities used,
or intended to be used, to commit or in any manner to
facilitate any violation of this Section; and

(6) 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, which is used or intended to be used, in any
manner or part, to commit, or in any manner to facilitate
the commission of, any violation or act that constitutes a
violation of this Section or that is the proceeds of any
violation or act that constitutes a violation of this
Section.
(d) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
(e) Forfeiture under this Act is subject to an 8th
Amendment to the United States Constitution disproportionate
penalties analysis as provided under Section 9.5 of the Drug
Asset Forfeiture Procedure Act.
(f) With regard to possession of legend drug offenses only,
a sum of currency with a value of less than $500 shall not be
subject to forfeiture under this Act. For all other offenses
under this Act, a sum of currency with a value of less than
$100 shall not be subject to forfeiture under this Act. In
seizures of currency in excess of these amounts, this Section
shall not create an exemption for these amounts.
(f-5) For felony offenses involving possession of legend

drug only, no property shall be subject to forfeiture under
this Act because of the possession of less than 2 single unit
doses of a legend drug. This exemption shall not apply in
instances when the possessor, or another person at the
direction of the possessor, is engaged in the destruction of
any amount of a legend drug. The amount of a single unit dose
shall be the State's burden to prove in its case in chief.
(g) If the Department suspends or revokes a registration,
all legend drugs owned or possessed by the registrant at the
time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a revocation rule becoming final, all substances
are subject to seizure and forfeiture under the Drug Asset
Forfeiture Procedure Act.
(h) (Blank).
(i) (Blank).
(j) Contraband, including legend drugs possessed without a
prescription or other authorization under State or federal law,
is not subject to forfeiture. No property right exists in
contraband. Contraband is subject to seizure and shall be
disposed of according to State law.
(k) The changes made to this Section by Public Act 100-512

100-0512 and Public Act 100-699 this amendatory Act of the
100th General Assembly only apply to property seized on and
after July 1, 2018.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
Section 15. The Criminal Code of 2012 is amended by
changing Sections 29B-0.5, 29B-1, 29B-2, 29B-5, 29B-7, 29B-10,
29B-12, 29B-13, 29B-14, 29B-17, 29B-21, 29B-22, 29B-26,
29B-27, 36-1.3, 36-1.4, 36-1.5, 36-2, 36-2.1, 36-2.5, and 36-10
as follows:
(720 ILCS 5/29B-0.5)
Sec. 29B-0.5. Definitions. In this Article:
"Conduct" or "conducts" includes, in addition to its
ordinary meaning, initiating, concluding, or participating in
initiating or concluding a transaction.
"Criminally derived property" means: (1) any property,
real or personal, constituting or derived from proceeds
obtained, directly or indirectly, from activity that
constitutes a felony under State, federal, or foreign law; or
(2) any property represented to be property constituting or
derived from proceeds obtained, directly or indirectly, from
activity that constitutes a felony under State, federal, or
foreign law.
"Department" means the Department of State Police of this
State or its successor agency.

"Director" means the Director of State Police or his or her
designated agents.
"Financial institution" means any bank; savings saving and
loan association; trust company; agency or branch of a foreign
bank in the United States; currency exchange; credit union;
mortgage banking institution; pawnbroker; loan or finance
company; operator of a credit card system; issuer, redeemer, or
cashier of travelers checks, checks, or money orders; dealer in
precious metals, stones, or jewels; broker or dealer in
securities or commodities; investment banker; or investment
company.
"Financial transaction" means a purchase, sale, loan,
pledge, gift, transfer, delivery, or other disposition
utilizing criminally derived property, and with respect to
financial institutions, includes a deposit, withdrawal,
transfer between accounts, exchange of currency, loan,
extension of credit, purchase or sale of any stock, bond,
certificate of deposit or other monetary instrument, use of
safe deposit box, or any other payment, transfer or delivery
by, through, or to a financial institution. "Financial
transaction" also means a transaction which without regard to
whether the funds, monetary instruments, or real or personal
property involved in the transaction are criminally derived,
any transaction which in any way or degree: (1) involves the
movement of funds by wire or any other means; (2) involves one
or more monetary instruments; or (3) the transfer of title to

any real or personal property. The receipt by an attorney of
bona fide fees for the purpose of legal representation is not a
financial transaction for purposes of this Article.
"Form 4-64" means the Illinois State Police
Notice/Inventory of Seized Property (Form 4-64).
"Knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful
activity" means that the person knew the property involved in
the transaction represented proceeds from some form, though not
necessarily which form, of activity that constitutes a felony
under State, federal, or foreign law.
"Monetary instrument" means United States coins and
currency; coins and currency of a foreign country; travelers
checks; personal checks, bank checks, and money orders;
investment securities; bearer negotiable instruments; bearer
investment securities; or bearer securities and certificates
of stock in a form that title passes upon delivery.
"Specified criminal activity" means any violation of
Section 29D-15.1 and any violation of Article 29D of this Code.
"Transaction reporting requirement under State law" means
any violation as defined under the Currency Reporting Act.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering.
(a) A person commits the offense of money laundering:

(1) when, knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity, he or she conducts or attempts to
conduct the financial transaction which in fact involves
criminally derived property:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) where he or she knows or reasonably should know
that the financial transaction is designed in whole or
in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(1.5) when he or she transports, transmits, or
transfers, or attempts to transport, transmit, or transfer
a monetary instrument:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) knowing, or having reason to know, that the
financial transaction is designed in whole or in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control

of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(2) when, with the intent to:
(A) promote the carrying on of a specified criminal
activity as defined in this Article; or
(B) conceal or disguise the nature, location,
source, ownership, or control of property believed to
be the proceeds of a specified criminal activity as
defined in this Article; or
(C) avoid a transaction reporting requirement
under State law,
he or she conducts or attempts to conduct a financial
transaction involving property he or she believes to be the
proceeds of specified criminal activity or property used to
conduct or facilitate specified criminal activity as
defined in this Article.
(b) (Blank).
(c) Sentence.
(1) Laundering of criminally derived property of a
value not exceeding $10,000 is a Class 3 felony;
(2) Laundering of criminally derived property of a
value exceeding $10,000 but not exceeding $100,000 is a
Class 2 felony;
(3) Laundering of criminally derived property of a
value exceeding $100,000 but not exceeding $500,000 is a

Class 1 felony;
(4) Money laundering in violation of subsection (a)(2)
of this Section is a Class X felony;
(5) Laundering of criminally derived property of a
value exceeding $500,000 is a Class 1 non-probationable
felony;
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
this Section, the sentences are as follows:
(A) Laundering of property of a value not exceeding
$10,000 is a Class 3 felony;
(B) Laundering of property of a value exceeding
$10,000 but not exceeding $100,000 is a Class 2 felony;
(C) Laundering of property of a value exceeding
$100,000 but not exceeding $500,000 is a Class 1
felony;
(D) Laundering of property of a value exceeding
$500,000 is a Class 1 non-probationable felony.
Substance Use Disorder Act.
(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18; 100-759, eff. 1-1-19; revised 10-3-18.)
(720 ILCS 5/29B-2)
Sec. 29B-2. Evidence in money laundering prosecutions. In a
prosecution under this Article, either party may introduce the
following evidence pertaining to the issue of whether the
property or proceeds were known to be some form of criminally

derived property or from some form of unlawful activity:
(1) a financial transaction was conducted or
structured or attempted in violation of the reporting
requirements of any State or federal law;
(2) a financial transaction was conducted or attempted
with the use of a false or fictitious name or a forged
instrument;
(3) a falsely altered or completed written instrument
or a written instrument that contains any materially false
personal identifying information was made, used, offered,
or presented, whether accepted or not, in connection with a
financial transaction;
(4) a financial transaction was structured or
attempted to be structured so as to falsely report the
actual consideration or value of the transaction;
(5) a money transmitter, a person engaged in a trade or
business, or any employee of a money transmitter or a
person engaged in a trade or business, knows or reasonably
should know that false personal identifying information
has been presented and incorporates the false personal
identifying information into any report or record;
(6) the criminally derived property is transported or
possessed in a fashion inconsistent with the ordinary or
usual means of transportation or possession of the property
and where the property is discovered in the absence of any
documentation or other indicia of legitimate origin or

right to the property;
(7) a person pays or receives substantially less than
face value for one or more monetary instruments; or
(8) a person engages in a transaction involving one or
more monetary instruments, where the physical condition or
form of the monetary instrument or instruments makes it
apparent that they are not the product of bona fide
business or financial transactions.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-5)
Sec. 29B-5. Property subject to forfeiture. The following
are subject to forfeiture:
(1) any property, real or personal, constituting,
derived from, or traceable to any proceeds the person
obtained, directly or indirectly, as a result of a
violation of this Article;
(2) any of the person's property used, or intended to
be used, in any manner or part, to commit, or to facilitate
the commission of, a violation of this Article;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of property described
in paragraphs (1) and (2) of this Section, but:
(A) no conveyance used by any person as a common

carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to a violation of this Article;
(B) no conveyance is subject to forfeiture under
this Article by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent;
(C) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) 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, which is used or intended to be used, in any
manner or part, to commit, or in any manner to facilitate
the commission of, any violation of this Article or that is
the proceeds of any violation or act that constitutes a
violation of this Article.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-7)
Sec. 29B-7. Safekeeping of seized property pending

disposition.
(a) If 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 inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
(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 pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
Director.
(b) When property is forfeited under this Article, the

Director shall sell all the property unless the property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, under Section 29B-26 of this
Article.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-10)
Sec. 29B-10. Notice to owner or interest holder.
(a) The first attempted service of notice shall be
commenced within 28 days of the latter of filing of the
verified claim or the receipt of the notice from the seizing
agency by Form 4-64. A complaint for forfeiture or a notice of
pending forfeiture shall be served on a claimant if the owner's
or interest holder's name and current address are known, then
by either: (1) personal service; or (2) mailing a copy of the
notice by certified mail, return receipt requested, and first
class mail to that address.
(b) If no signed return receipt is received by the State's
Attorney within 28 days of mailing or no communication from the
owner or interest holder is received by the State's Attorney
documenting actual notice by the parties, the State's Attorney
shall, within a reasonable period of time, mail a second copy
of the notice by certified mail, return receipt requested, and
first class mail to that address. If no signed return receipt
is received by the State's Attorney within 28 days of the

second mailing, or no communication from the owner or interest
holder is received by the State's Attorney documenting actual
notice by the parties, the State's Attorney shall have 60 days
to attempt to serve the notice by personal service, including
substitute service by leaving a copy at the usual place of
abode with some person of the family or a person residing
there, of the age of 13 years or upwards. If, after 3 attempts
at service in this manner, no service of the notice is
accomplished, the notice shall be posted in a conspicuous
manner at the address and service shall be made by the posting.
The attempts at service and the posting, if required, shall be
documented by the person attempting service which shall be made
part of a return of service returned to the State's Attorney.
The State's Attorney may utilize any Sheriff or Deputy Sheriff,
a peace officer, a private process server or investigator, or
an employee, agent, or investigator of the State's Attorney's
Office to attempt service without seeking leave of court.
(c) After the procedures listed are followed, service shall
be effective on the owner or interest holder on the date of
receipt by the State's Attorney of a return receipt, or on the
date of receipt of a communication from an owner or interest
holder documenting actual notice, whichever is first in time,
or on the date of the last act performed by the State's
Attorney in attempting personal service. For purposes of notice
under this Section, if a person has been arrested for the
conduct giving rise to the forfeiture, 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. If the
property seized is a conveyance, notice shall also be directed
to the address reflected in the office of the agency or
official in which title to or interest in the conveyance is
required by law to be recorded.
(d) If the owner's or interest holder's address is not
known, and is not on record as provided in this Section,
service by publication for 3 successive weeks in a newspaper of
general circulation in the county in which the seizure occurred
shall suffice for service requirements.
(e) Notice to any business entity, corporation, limited
liability company, limited liability partnership, or
partnership shall be completed by a single mailing of a copy of
the notice by certified mail, return receipt requested, and
first class mail to that address. This notice is complete
regardless of the return of a signed return receipt.
(f) Notice to a person whose address is not within the
State shall be completed by a single mailing of a copy of the

notice by certified mail, return receipt requested, and first
class mail to that address. This notice is complete regardless
of the return of a signed return receipt.
(g) Notice to a person whose address is not within the
United States shall be completed by a single mailing of a copy
of the notice by certified mail, return receipt requested, and
first class mail to that address. This notice is complete
regardless of the return of a signed return receipt. If
certified mail is not available in the foreign country where
the person has an address, notice shall proceed by publication
requirements under subsection (d) of this Section.
(h) Notice to a A person whom the State's Attorney
reasonably should know is incarcerated within this State, shall
also include, mailing a copy of the notice by certified mail,
return receipt requested, and first class mail to the address
of the detention facility with the inmate's name clearly marked
on the envelope.
(i) After a claimant files a verified claim with the
State's Attorney and provides an address at which the claimant
will accept service, the complaint shall be served and notice
shall be complete upon the mailing of the complaint to the
claimant at the address the claimant provided via certified
mail, return receipt requested, and first class mail. No return
receipt need be received, or any other attempts at service need
be made to comply with service and notice requirements under
this Section. This certified mailing, return receipt

requested, shall be proof of service of the complaint on the
claimant. If notice is to be shown by actual notice from
communication with a claimant, then the State's Attorney shall
file an affidavit as proof of service, providing details of the
communication, which shall be accepted as proof of service by
the court.
(j) If the property seized is a conveyance, notice shall
also be directed to the address reflected in the office of the
agency or official in which title to or interest in 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.
(k) Notice 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. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-12)
Sec. 29B-12. 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 this Article, the State's Attorney shall
institute judicial in rem forfeiture proceedings as described
in Section 29B-13 of this Article within 28 days from receipt
of notice of seizure from the seizing agency under Section
29B-8 of this Article. 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:
(1) 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 28
days after 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 29B-10 of this Article.
(2) The notice of pending forfeiture shall 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.
(3)(A) Any person claiming an interest in property that
is the subject of notice under paragraph (1) of this
Section, must, in order to preserve any rights or claims to
the property, within 45 days after the effective date of
notice as described in Section 29B-10 of this Article, file
a verified claim with the State's Attorney expressing his
or her interest in the property. The claim shall set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;

(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the names and addresses of all other persons
known to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim, then the State's
Attorney shall institute judicial in rem forfeiture
proceedings with the clerk of the court as described in
Section 29B-13 of this Article within 28 days after receipt
of the claim.
(4) If no claim is filed within the 28-day period as
described in paragraph (3) of this Section, 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 State Police of the
declaration of forfeiture and the Director shall dispose of
the property in accordance with law.

(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-13)
Sec. 29B-13. Judicial in rem procedures. If property seized
under this Article 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 under paragraph (3)
of Section 29B-12 of this Article, the following judicial in
rem procedures shall apply:
(1) 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 28
days of the receipt of notice of seizure by the seizing
agency or the filing of the claim, whichever is later, the
State's Attorney shall institute judicial forfeiture
proceedings by filing a verified complaint for forfeiture.
If authorized by law, a forfeiture shall be ordered by a
court on an action in rem brought by a State's Attorney
under a verified complaint for forfeiture.
(2) A complaint of forfeiture shall include:
(A) a description of the property seized;
(B) the date and place of seizure of the property;
(C) the name and address of the law enforcement
agency making the seizure; and
(D) the specific statutory and factual grounds for
the seizure.

(3) The complaint shall be served upon the person from
whom the property was seized and all persons known or
reasonably believed by the State to claim an interest in
the property, as provided in Section 29B-10 of this
Article. The complaint shall be accompanied by the
following written notice:
"This is a civil court proceeding subject to the Code
of Civil Procedure. You received this Complaint of
Forfeiture because the State's Attorney's office has
brought a legal action seeking forfeiture of your seized
property. This complaint starts the court process where the
State seeks to prove that your property should be forfeited
and not returned to you. This process is also your
opportunity to try to prove to a judge that you should get
your property back. The complaint lists the date, time, and
location of your first court date. You must appear in court
on that day, or you may lose the case automatically. You
must also file an appearance and answer. If you are unable
to pay the appearance fee, you may qualify to have the fee
waived. If there is a criminal case related to the seizure
of your property, your case may be set for trial after the
criminal case has been resolved. Before trial, the judge
may allow discovery, where the State can ask you to respond
in writing to questions and give them certain documents,
and you can make similar requests of the State. The trial
is your opportunity to explain what happened when your

property was seized and why you should get the property
back."
(4) Forfeiture proceedings under this Article shall be
subject to the Code of Civil Procedure and the rules of
evidence relating to civil actions shall apply to
proceedings under this Article with the following
exception. The parties shall be allowed to use, and the
court shall receive and consider, all relevant hearsay
evidence that relates to evidentiary foundation, chain of
custody, business records, recordings, laboratory
analysis, laboratory reports, and relevant hearsay related
to the use of technology in the investigation that resulted
in the seizure of property that is subject to the
forfeiture action.
(5) 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.
Upon motion of the State, the court shall first hold a
hearing, in which a claimant shall establish by a
preponderance of the evidence, that he or she has a lawful,
legitimate ownership interest in the property and that it
was obtained through a lawful source.
(6) The answer must be signed by the owner or interest
holder under penalty of perjury and shall set forth:
(A) the caption of the proceedings as set forth on

the notice of pending forfeiture and the name of the
claimant;
(B) the address at which the claimant will accept
mail;
(C) the nature and extent of the claimant's
interest in the property;
(D) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(E) the names and addresses of all other persons
known to have an interest in the property;
(F) all essential facts supporting each assertion;
(G) the precise relief sought; and
(H) in a forfeiture action involving currency or
its equivalent, a claimant shall provide the State with
notice of his or her intent to allege that the currency
or its equivalent is not related to the alleged factual
basis for the forfeiture, and why. ; and
The (I) the answer shall follow the rules under the
Code of Civil Procedure.
(7) The answer shall be filed with the court within 45
days after service of the civil in rem complaint.
(8) The hearing shall be held within 60 days after
filing of the answer unless continued for good cause.
(9) At the judicial in rem proceeding, in the State's
case in chief, the State shall show by a preponderance of

the evidence that the property is subject to forfeiture. If
the State makes such a showing, the claimant shall have the
burden of production to set forth evidence that the
property is not related to the alleged factual basis of the
forfeiture. After this production of evidence, the State
shall maintain the burden of proof to overcome this
assertion. A claimant shall provide the State notice of its
intent to allege that the currency or its equivalent is not
related to the alleged factual basis of the forfeiture and
why. As to conveyances, at the judicial in rem proceeding,
in its case in chief, the State shall show by a
preponderance of the evidence: , that
(A) that the property is subject to forfeiture; and
(B) at least one of the following:
(i) that the claimant was legally accountable
for the conduct giving rise to the forfeiture;
(ii) that the claimant knew or reasonably
should have known of the conduct giving rise to the
forfeiture;
(iii) that the claimant knew or reasonably
should have known that the conduct giving rise to
the forfeiture was likely to occur;
(iv) that the claimant held the property for
the benefit of, or as nominee for, any person whose
conduct gave rise to its forfeiture;
(v) that if the claimant acquired the interest

through any person engaging in any of the conduct
described above or conduct giving rise to the
forfeiture:
(a) the claimant did not acquire it as a
bona fide purchaser for value; or
(b) the claimant acquired the interest
under the circumstances that the claimant
reasonably should have known the property was
derived from, or used in, the conduct giving
rise to the forfeiture; or
(vi) that the claimant is not the true owner of
the property that is subject to forfeiture.
(10) If the State does not meet its burden to show that
the property is subject to forfeiture, 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 meet its burden to show
that the property is subject to forfeiture, the court shall
order all property forfeited to the State.
(11) 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.
(12) On a motion by the parties, the court may stay

civil forfeiture proceedings during the criminal trial for
a related criminal indictment or information alleging a
money laundering violation. Such a stay shall not be
available pending an appeal. Property subject to
forfeiture under this Article shall not be subject to
return or release by a court exercising jurisdiction over a
criminal case involving the seizure of the property unless
the return or release is consented to by the State's
Attorney.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-14)
Sec. 29B-14. Innocent owner hearing.
(a) After a complaint for forfeiture has been 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
facts that support each assertion:
(1) that the claimant filing the motion is the true
owner of the conveyance as interpreted by case law;
(2) that the claimant was not legally accountable for
the conduct giving rise to the forfeiture or acquiesced in
the conduct;
(3) that the claimant did not solicit, conspire, or
attempt to commit the conduct giving rise to the

forfeiture;
(4) that the claimant did not know or did not have
reason to know that the conduct giving rise to the
forfeiture was likely to occur; and
(5) that the claimant did not hold the property for the
benefit of, or as nominee for, any person whose conduct
gave rise to its forfeiture, or if the claimant owner or
interest holder acquired the interest through any person,
the claimant acquired owner or interest holder did not
acquire it as a bona fide purchaser for value or acquired
the interest without knowledge of the seizure of the
property for forfeiture.
(b) The claimant's motion shall include specific facts
supporting these assertions.
(c) Upon this filing, a hearing may only be conducted after
the parties have been given the opportunity to conduct limited
discovery as to the ownership and control of the property, the
claimant's knowledge, or any matter relevant to the issues
raised or facts alleged in the claimant's motion. Discovery
shall be limited to the People's requests in these areas but
may proceed by any means allowed in the Code of Civil
Procedure.
(1) After discovery is complete and the court has
allowed for sufficient time to review and investigate the
discovery responses, the court shall conduct a hearing. At
the hearing, the fact that the conveyance is subject to

forfeiture shall not be at issue. The court shall only hear
evidence relating to the issue of innocent ownership.
(2) At the hearing on the motion, it shall be the
burden of the claimant to prove each of the assertions
listed in subsection (a) of this Section by a preponderance
of the evidence.
(3) If a claimant meets his or her burden of proof, the
court shall grant the motion and order the property
returned to the claimant. If the claimant fails to meet his
or her burden of proof, then the court shall deny the
motion and the forfeiture case shall proceed according to
the Code of Civil Procedure.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-17)
Sec. 29B-17. Exception for bona fide purchasers. No
property shall be forfeited under this Article from a person
who, without actual or constructive notice that the property
was the subject of forfeiture proceedings, obtained possession
of the property as a bona fide purchaser for value. A person
who purports to effect affect transfer of property after
receiving actual or constructive notice that the property is
subject to seizure or forfeiture is guilty of contempt of
court, and shall be liable to the State for a penalty in the
amount of the fair market value of the property.
(Source: P.A. 100-699, eff. 8-3-18.)

(720 ILCS 5/29B-21)
Sec. 29B-21. Attorney's fees. 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 the forfeiture proceeding or criminal proceeding
relating directly thereto if the property was paid before its
seizure and , before the issuance of any seizure warrant or
court order prohibiting transfer of the property and if 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. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-22)
Sec. 29B-22. Construction.
(a) It is the intent of the General Assembly that the
forfeiture provisions of this Article be liberally construed so
as to effect their remedial 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.
(b) The changes made to this Article by Public Act 100-512
100-0512 and Public Act 100-699 this amendatory Act of the
100th General Assembly are subject to Section 2 of the Statute
on Statutes.

(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-26)
Sec. 29B-26. Distribution of proceeds. All moneys monies
and the sale proceeds of all other property forfeited and
seized under this Article shall be distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, 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. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws.
(2)(i) 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, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws. In
counties over 3,000,000 population, 25% shall be
distributed to the Office of the State's Attorney for use
in the enforcement of laws. If the prosecution is

undertaken solely by the Attorney General, the portion
provided under this subparagraph (i) shall be distributed
to the Attorney General for use in the enforcement of laws.
(ii) 12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited in
the Narcotics Profit Forfeiture Fund of that office to be
used for additional expenses incurred in the
investigation, prosecution, and appeal of cases arising
under laws. The Office of the State's Attorneys Appellate
Prosecutor shall not receive distribution from cases
brought in counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
Moneys and the sale proceeds distributed to the Department
of State Police under this Article shall be deposited in the
Money Laundering Asset Recovery Fund created in the State
treasury and shall be used by the Department of State Police
for State law enforcement purposes. All moneys and sale
proceeds of property forfeited and seized under this Article
and distributed according to this Section may also be used to
purchase opioid antagonists as defined in Section 5-23 of the
Substance Use Disorder Alcoholism and Other Drug Abuse and
Dependency Act.
(Source: P.A. 100-699, eff. 8-3-18.)

(720 ILCS 5/29B-27)
Sec. 29B-27. Applicability; savings clause.
(a) The changes made to this Article by Public Act 100-512
100-0512 and Public Act 100-699 this amendatory Act of the
100th General Assembly only apply to property seized on and
after July 1, 2018.
(b) The changes made to this Article by Public Act 100-699
this amendatory Act of the 100th General Assembly are subject
to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/36-1.3)
Sec. 36-1.3. Safekeeping of seized property pending
disposition.
(a) Property seized under this Article 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 under this Article.
(b) If 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 inventory of seized property and the estimate of
the property's value to the Director of State Police. Upon
receiving notice of seizure, the Director of State Police may:
(1) place the property under seal;

(2) remove the property to a place designated by the
Director of State Police;
(3) keep the property in the possession of the seizing
agency;
(4) remove the property to a storage area for
safekeeping;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
seizing agency.
(c) The seizing agency shall exercise ordinary care to
protect the subject of the forfeiture from negligent loss,
damage, or destruction.
(d) Property seized or forfeited under this Article 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.)
(720 ILCS 5/36-1.4)
Sec. 36-1.4. Notice to State's Attorney. The law
enforcement agency seizing property for forfeiture under this

Article shall, as soon as practicable but not later than 28
days after the seizure, notify the State's Attorney for the
county in which an act or omission giving rise to the seizure
occurred or in which the property was seized and the facts and
circumstances giving rise to the seizure, and shall provide the
State's Attorney with the inventory of the property and its
estimated value. The notice shall be by the delivery of
Illinois State Police Notice/Inventory of Seized Property
(Form 4-64). If the property seized for forfeiture is a
vehicle, the law enforcement agency seizing the property shall
immediately notify the Secretary of State that forfeiture
proceedings are pending regarding the vehicle.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(720 ILCS 5/36-1.5)
Sec. 36-1.5. Preliminary review.
(a) Within 14 days of the seizure, the State's Attorney of
the county in which the seizure occurred 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 conduct the review under subsection (a)
of this Section simultaneously with a proceeding under Section
109-1 of the Code of Criminal Procedure of 1963 for a related

criminal offense if a prosecution is commenced by information
or complaint.
(d) The court may accept a finding of probable cause at a
preliminary hearing following the filing of an information or
complaint charging a related criminal offense or following the
return of indictment by a grand jury charging the related
offense as sufficient evidence of probable cause as required
under subsection (a) of this ths Section.
(e) Upon making a finding of probable cause as required
under this Section, the circuit court shall order the property
subject to the provisions of the applicable forfeiture Act held
until the conclusion of any forfeiture proceeding.
For seizures of conveyances, within 28 days of a finding of
probable cause under subsection (a) of this Section, the
registered owner or other claimant may file a motion in writing
supported by sworn affidavits claiming that denial of the use
of the conveyance during the pendency of the forfeiture
proceedings creates a substantial hardship and alleges facts
showing that the hardship was not due to his or her culpable
negligence. The court shall consider the following factors in
determining whether a substantial hardship has been proven:
(1) the nature of the claimed hardship;
(2) the availability of public transportation or other
available means of transportation; and
(3) any available alternatives to alleviate the
hardship other than the return of the seized conveyance.

If the court determines that a substantial hardship has
been proven, the court shall then balance the nature of the
hardship against the State's interest in safeguarding the
conveyance. If the court determines that the hardship outweighs
the State's interest in safeguarding the conveyance, the court
may temporarily release the conveyance to the registered owner
or the registered owner's authorized designee, or both, until
the conclusion of the forfeiture proceedings or for such
shorter period as ordered by the court provided that the person
to whom the conveyance is released provides proof of insurance
and a valid driver's license and all State and local
registrations for operation of the conveyance are current. The
court shall place conditions on the conveyance limiting its use
to the stated hardship and providing transportation for
employment, religious purposes, medical needs, child care, and
restricting the conveyance's use to only those individuals
authorized to use the conveyance by the registered owner. The
use of the vehicle shall be further restricted to exclude all
recreational and entertainment purposes. The court may order
additional restrictions it deems reasonable and just on its own
motion or on motion of the People. The court shall revoke the
order releasing the conveyance and order that the conveyance be
reseized by law enforcement if the conditions of release are
violated or if the conveyance is used in the commission of any
offense identified in subsection (a) of Section 6-205 of the
Illinois Vehicle Code.

If the court orders the release of the conveyance during
the pendency of the forfeiture proceedings, the court may order
the registered owner or his or her authorized designee to post
a cash security with the clerk of the court as ordered by the
court. If cash security is ordered, the court shall consider
the following factors in determining the amount of the cash
security:
(A) the full market value of the conveyance;
(B) the nature of the hardship;
(C) the extent and length of the usage of the
conveyance;
(D) the ability of the owner or designee to pay; and
(E) other conditions as the court deems necessary to
safeguard the conveyance.
If the conveyance is released, the court shall order that
the registered owner or his or her designee safeguard the
conveyance, not remove the conveyance from the jurisdiction,
not conceal, destroy, or otherwise dispose of the conveyance,
not encumber the conveyance, and not diminish the value of the
conveyance in any way. The court shall also make a
determination of the full market value of the conveyance prior
to it being released based on a source or sources defined in 50
Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
If the conveyance subject to forfeiture is released under
this Section and is subsequently forfeited, the person to whom
the conveyance was released shall return the conveyance to the

law enforcement agency that seized the conveyance within 7 days
from the date of the declaration of forfeiture or order of
forfeiture. If the conveyance is not returned within 7 days,
the cash security shall be forfeited in the same manner as the
conveyance subject to forfeiture. If the cash security was less
than the full market value, a judgment shall be entered against
the parties to whom the conveyance was released and the
registered owner, jointly and severally, for the difference
between the full market value and the amount of the cash
security. If the conveyance is returned in a condition other
than the condition in which it was released, the cash security
shall be returned to the surety who posted the security minus
the amount of the diminished value, and that amount shall be
forfeited in the same manner as the conveyance subject to
forfeiture. Additionally, the court may enter an order allowing
any law enforcement agency in the State of Illinois to seize
the conveyance wherever it may be found in the State to satisfy
the judgment if the cash security was less than the full market
value of the conveyance.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
Sec. 36-2. Complaint for forfeiture.
(a) If the State's Attorney of the county in which such
seizure occurs finds that the alleged violation of law giving
rise to the seizure was incurred without willful negligence or

without any intention on the part of the owner of the vessel or
watercraft, vehicle, or aircraft or any person whose right,
title, or interest is of record as described in Section 36-1 of
this Article, to violate the law, or finds the existence of
such mitigating circumstances as to justify remission of the
forfeiture, he or she may cause the law enforcement agency
having custody of the property to return the property to the
owner within a reasonable time not to exceed 7 days. The
State's Attorney shall exercise his or her discretion under
this subsection (a) prior to or promptly after the preliminary
review under Section 36-1.5.
(b) 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 and the State's Attorney does not
cause the forfeiture to be remitted under subsection (a) of
this Section, he or she shall bring an action for forfeiture in
the circuit court within whose jurisdiction the seizure and
confiscation has taken place by filing a verified complaint for
forfeiture in the circuit court within whose jurisdiction the
seizure occurred, or within whose jurisdiction an act or
omission giving rise to the seizure occurred, subject to
Supreme Court Rule 187. The complaint shall be filed as soon as
practicable but not later than 28 days after the State's
Attorney receives notice from the seizing agency as provided
under Section 36-1.4 of this Article. A complaint of forfeiture
shall include:

(1) a description of the property seized;
(2) the date and place of seizure of the property;
(3) the name and address of the law enforcement agency
making the seizure; and
(4) the specific statutory and factual grounds for the
seizure.
The complaint shall be served upon each person whose right,
title, or interest is of record in the office of the Secretary
of State, the Secretary of Transportation, the Administrator of
the Federal Aviation Agency, or any other department of this
State, or any other state of the United States if the vessel or
watercraft, vehicle, or aircraft is required to be so
registered, as the case may be, the person from whom the
property was seized, and all persons known or reasonably
believed by the State to claim an interest in the property, as
provided in this Article. The complaint shall be accompanied by
the following written notice:
"This is a civil court proceeding subject to the Code of
Civil Procedure. You received this Complaint of Forfeiture
because the State's Attorney's office has brought a legal
action seeking forfeiture of your seized property. This
complaint starts the court process where the State seeks to
prove that your property should be forfeited and not returned
to you. This process is also your opportunity to try to prove
to a judge that you should get your property back. The
complaint lists the date, time, and location of your first

court date. You must appear in court on that day, or you may
lose the case automatically. You must also file an appearance
and answer. If you are unable to pay the appearance fee, you
may qualify to have the fee waived. If there is a criminal case
related to the seizure of your property, your case may be set
for trial after the criminal case has been resolved. Before
trial, the judge may allow discovery, where the State can ask
you to respond in writing to questions and give them certain
documents, and you can make similar requests of the State. The
trial is your opportunity to explain what happened when your
property was seized and why you should get the property back."
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18.)
(720 ILCS 5/36-2.1)
Sec. 36-2.1. Notice to owner or interest holder. The first
attempted service of notice shall be commenced within 28 days
of the receipt of the notice from the seizing agency by Form
4-64. If the property seized is a conveyance, notice shall also
be directed to the address reflected in the office of the

agency or official in which title to or interest in the
conveyance is required by law to be recorded. A complaint for
forfeiture shall be served upon the property owner or interest
holder in the following manner:
(1) If the owner's or interest holder's name and
current address are known, then by either:
(A) personal service; or
(B) mailing a copy of the notice by certified mail,
return receipt requested, and first class mail to that
address.
(i) If notice is sent by certified mail and no
signed return receipt is received by the State's
Attorney within 28 days of mailing, and no
communication from the owner or interest holder is
received by the State's Attorney documenting
actual notice by said parties, the State's
Attorney shall, within a reasonable period of
time, mail a second copy of the notice by certified
mail, return receipt requested, and first class
mail to that address.
(ii) If no signed return receipt is received by
the State's Attorney within 28 days of the second
attempt at service by certified mail, and no
communication from the owner or interest holder is
received by the State's Attorney documenting
actual notice by said parties, the State's

Attorney shall have 60 days to attempt to serve the
notice by personal service, which also includes
substitute service by leaving a copy at the usual
place of abode, with some person of the family or a
person residing there, of the age of 13 years or
upwards. If, after 3 attempts at service in this
manner, no service of the notice is accomplished,
then the notice shall be posted in a conspicuous
manner at this address and service shall be made by
the posting.
The attempts at service and the posting, if
required, shall be documented by the person attempting
service and said documentation shall be made part of a
return of service returned to the State's Attorney.
The State's Attorney may utilize a Sheriff or
Deputy Sheriff, any peace officer, a private process
server or investigator, or any employee, agent, or
investigator of the State's Attorney's office to
attempt service without seeking leave of court.
After the procedures are followed, service shall
be effective on an owner or interest holder on the date
of receipt by the State's Attorney of a return receipt,
or on the date of receipt of a communication from an
owner or interest holder documenting actual notice,
whichever is first in time, or on the date of the last
act performed by the State's Attorney in attempting

personal service under item (ii) of this paragraph (1).
If notice is to be shown by actual notice from
communication with a claimant, then the State's
Attorney shall file an affidavit providing details of
the communication, which shall be accepted as
sufficient proof of service by the court.
For purposes of notice under this Section, if a
person has been arrested for the conduct giving rise to
the forfeiture, 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 complaint for 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 if the property seized is a conveyance, to
the address reflected in the office of the agency or
official in which title to or interest in the
conveyance is required by law to be recorded.
(2) If the owner's or interest holder's address is not
known, and is not on record, then notice shall be served by
publication for 3 successive weeks in a newspaper of

general circulation in the county in which the seizure
occurred.
(3) Notice to any business entity, corporation,
limited liability company, limited liability partnership,
or partnership shall be completed by a single mailing of a
copy of the notice by certified mail, return receipt
requested, and first class mail to that address. This
notice is complete regardless of the return of a signed
return receipt.
(4) Notice to a person whose address is not within the
State shall be completed by a single mailing of a copy of
the notice by certified mail, return receipt requested, and
first class mail to that address. This notice is complete
regardless of the return of a signed return receipt.
(5) Notice to a person whose address is not within the
United States shall be completed by a single mailing of a
copy of the notice by certified mail, return receipt
requested, and first class mail to that address. This
notice shall be complete regardless of the return of a
signed return receipt. If certified mail is not available
in the foreign country where the person has an address,
then notice shall proceed by publication under paragraph
(2) of this Section.
(6) Notice to any person whom the State's Attorney
reasonably should know is incarcerated within the State
shall also include the mailing a copy of the notice by

certified mail, return receipt requested, and first class
mail to the address of the detention facility with the
inmate's name clearly marked on the envelope.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(720 ILCS 5/36-2.5)
Sec. 36-2.5. Judicial in rem procedures.
(a) The laws of evidence relating to civil actions shall
apply to judicial in rem proceedings under this Article.
(b) 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. A person not
named in the forfeiture complaint who claims to have an
interest in the property may petition to intervene as a
claimant under Section 2-408 of the Code of Civil Procedure.
(c) The answer shall be filed with the court within 45 days
after service of the civil in rem complaint.
(d) The trial shall be held within 60 days after filing of
the answer unless continued for good cause.
(e) In its case in chief, the State shall show by a
preponderance of the evidence that:
(1) the property is subject to forfeiture; and
(2) at least one of the following:
(i) the claimant knew or should have known that the
conduct was likely to occur; or

(ii) the claimant is not the true owner of the
property that is subject to forfeiture.
In any forfeiture case under this Article, a claimant may
present evidence to overcome evidence presented by the State
that the property is subject to forfeiture.
(f) Notwithstanding any other provision of this Section,
the State's burden of proof at the trial of the forfeiture
action shall be by clear and convincing evidence if:
(1) a finding of not guilty is entered as to all counts
and all defendants in a criminal proceeding relating to the
conduct giving rise to the forfeiture action; or
(2) the State receives an adverse finding at a
preliminary hearing and fails to secure an indictment in a
criminal proceeding related to the factual allegations of
the forfeiture action.
(g) If the State does not meet its burden of proof, the
court shall order the interest in the property returned or
conveyed to the claimant and shall order all other property in
which the State does meet its burden of proof forfeited to the
State. If the State does meet its burden of proof, the court
shall order all property forfeited to the State.
(h) 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.
(i) 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 either party, the court
may stay civil forfeiture proceedings during the criminal trial
for a related criminal indictment or information alleging a
violation of law authorizing forfeiture under Section 36-1 of
this Article.
(j) Title to 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. Except as otherwise provided in this Article,
any property or proceeds subsequently transferred to any person
remain subject to forfeiture unless a person to whom the
property was transferred makes an appropriate claim under or
has the claim adjudicated at the judicial in rem hearing.
(k) No property shall be forfeited under this Article from
a person who, without actual or constructive notice that the
property was the subject of forfeiture proceedings, obtained
possession of the property as a bona fide purchaser for value.
A person who purports to transfer property after receiving
actual or constructive notice that the property is subject to
seizure or forfeiture is guilty of contempt of court, and shall
be liable to the State for a penalty in the amount of the fair
market value of the property.
(l) A civil action under this Article shall 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.
(m) If property is ordered forfeited under this Article
from a claimant who held title to the property in joint tenancy
or tenancy in common with another claimant, the court shall
determine the amount of each owner's interest in the property
according to principles of property law.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(720 ILCS 5/36-10)
Sec. 36-10. Applicability; savings clause.
(a) The changes made to this Article by Public Act 100-512
100-0512 and Public Act 100-699 this amendatory Act of the
100th General Assembly only apply to property seized on and
after July 1, 2018.
(b) The changes made to this Article by Public Act 100-699
this amendatory Act of the 100th General Assembly are subject
to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18.)
Section 20. The Cannabis Control Act is amended by changing
Section 12 as follows:

(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
Sec. 12. Forfeiture.
(a) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any
kind which are produced, delivered, or possessed in
connection with any substance containing cannabis in a
felony violation of this Act;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of any substance
containing cannabis or property described in paragraph (2)
of this subsection (a) that constitutes a felony violation
of the Act, but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common
carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to the violation;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent;

(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended for
use, in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this Act;
(6) 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 to
facilitate the manufacture, distribution, sale, receipt,
or concealment of a substance containing cannabis or
property described in paragraph (2) of this subsection (a)
that constitutes a felony violation of this Act involving
more than 2,000 grams of a substance containing cannabis or
that is the proceeds of any felony violation of this Act.
(b) Property subject to forfeiture under this Act may be

seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th
Amendment to the United States Constitution disproportionate
penalties analysis as provided under Section 9.5 of the Drug
Asset Forfeiture Procedure Act.
(c-1) With regard to possession of cannabis offenses only,
a sum of currency with a value of less than $500 shall not be
subject to forfeiture under this Act. For all other offenses
under this Act, a sum of currency with a value of less than
$100 shall not be subject to forfeiture under this Act. In
seizures of currency in excess of these amounts, this Section
shall not create an exemption for these amounts.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) Contraband, including cannabis possessed without
authorization under State or federal law, is not subject to
forfeiture. No property right exists in contraband. Contraband
is subject to seizure and shall be disposed of according to
State law.
(i) The changes made to this Section by Public Act 100-512
100-0512 and Public Act 100-699 this amendatory Act of the
100th General Assembly only apply to property seized on and

after July 1, 2018.
(j) The changes made to this Section by Public Act 100-699
this amendatory Act of the 100th General Assembly are subject
to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18.)
Section 25. The Illinois Controlled Substances Act is
amended by changing Section 505 as follows:
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) (blank);
(2) all raw materials, products, and equipment of any
kind which are used, or intended for use, in manufacturing,
distributing, dispensing, administering or possessing any
substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to transport,
or in any manner to facilitate the transportation, sale,
receipt, possession, or concealment of substances
manufactured, distributed, dispensed, or possessed in
violation of this Act, or property described in paragraph
(2) of this subsection (a), but:
(i) no conveyance used by any person as a common
carrier in the transaction of business as a common

carrier is subject to forfeiture under this Section
unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy
to a violation of this Act;
(ii) no conveyance is subject to forfeiture under
this Section by reason of any act or omission which the
owner proves to have been committed or omitted without
his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest
of the secured party if he or she neither had knowledge
of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended to
be used, in violation of this Act;
(5) everything of value furnished, or intended to be
furnished, in exchange for a substance in violation of this
Act, all proceeds traceable to such an exchange, and all
moneys, negotiable instruments, and securities used, or
intended to be used, to commit or in any manner to
facilitate any violation of this Act;
(6) 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, which is used or intended to be used, in any
manner or part, to commit, or in any manner to facilitate
the commission of, any violation or act that constitutes a
violation of Section 401 or 405 of this Act or that is the
proceeds of any violation or act that constitutes a
violation of Section 401 or 405 of this Act.
(b) Property subject to forfeiture under this Act may be
seized under the Drug Asset Forfeiture Procedure Act. In the
event of seizure, forfeiture proceedings shall be instituted
under the Drug Asset Forfeiture Procedure Act.
(c) Forfeiture under this Act is subject to an 8th
Amendment to the United States Constitution disproportionate
penalties analysis as provided under Section 9.5 of the Drug
Asset Forfeiture Procedure Act.
(d) With regard to possession of controlled substances
offenses only, a sum of currency with a value of less than $500
shall not be subject to forfeiture under this Act. For all
other offenses under this Act, a sum of currency with a value
of less than $100 shall not be subject to forfeiture under this
Act. In seizures of currency in excess of these amounts, this
Section shall not create an exemption for these amounts.
(d-5) For felony offenses involving possession of
controlled substances only, no property shall be subject to
forfeiture under this Act because of the possession of less
than 2 single unit doses of a controlled substance. This
exemption shall not apply in instances when the possessor, or

another person at the direction of the possessor, engaged in
the destruction of any amount of a controlled substance. The
amount of a single unit dose shall be the State's burden to
prove in its case in chief.
(e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may be
placed under seal by the Director. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a suspension or revocation order becoming final,
all substances are subject to seizure and forfeiture under the
Drug Asset Forfeiture Procedure Act.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Contraband, including controlled substances possessed
without authorization under State or federal law, is not
subject to forfeiture. No property right exists in contraband.
Contraband is subject to seizure and shall be disposed of
according to State law.
(j) The changes made to this Section by Public Act 100-512
100-0512 and Public Act 100-699 this amendatory Act of the

100th General Assembly only apply to property seized on and
after July 1, 2018.
(k) The changes made to this Section by Public Act 100-699
this amendatory Act of the 100th General Assembly are subject
to Section 4 of the Statute on Statutes.
(Source: P.A. 99-686, eff. 7-29-16; 100-512, eff. 7-1-18;
100-699, eff. 8-3-18.)
Section 30. The Drug Asset Forfeiture Procedure Act is
amended by changing Sections 3.3, 4, 6, 9, and 13.4 as follows:
(725 ILCS 150/3.3)
Sec. 3.3. Safekeeping of seized property pending
disposition.
(a) Property seized under this Act 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 under this Act.
(b) If property is seized under this Act, 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 inventory of seized property and the estimate of
the property's value to the Director of State Police. Upon
receiving notice of seizure, the Director of State Police may:
(1) place the property under seal;

(2) remove the property to a place designated by the
seizing agency;
(3) keep the property in the possession of the Director
of State Police;
(4) remove the property to a storage area for
safekeeping;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
seizing agency.
(c) The seizing agency is required to exercise ordinary
care to protect the seized property from negligent loss,
damage, or destruction.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)
Sec. 4. 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 forfeiture or a notice of
pending forfeiture shall be served upon the property owner or
interest holder in the following manner:
(1) If the owner's or interest holder's name and
current address are known, then by either:
(A) personal service; or
(B) mailing a copy of the notice by certified mail,
return receipt requested, and first class mail to that
address.
(i) If notice is sent by certified mail and no
signed return receipt is received by the State's
Attorney within 28 days of mailing, and no
communication from the owner or interest holder is
received by the State's Attorney documenting
actual notice by said parties, then the State's
Attorney shall, within a reasonable period of
time, mail a second copy of the notice by certified
mail, return receipt requested, and first class
mail to that address.
(ii) If no signed return receipt is received by
the State's Attorney within 28 days of the second
attempt at service by certified mail, and no
communication from the owner or interest holder is
received by the State's Attorney documenting
actual notice by said parties, then the State's
Attorney shall have 60 days to attempt to serve the

notice by personal service, which also includes
substitute service by leaving a copy at the usual
place of abode, with some person of the family or a
person residing there, of the age of 13 years or
upwards. If, after 3 attempts at service in this
manner, no service of the notice is accomplished,
then the notice shall be posted in a conspicuous
manner at this address and service shall be made by
posting.
The attempts at service and the posting, if
required, shall be documented by the person
attempting service and said documentation shall be
made part of a return of service returned to the
State's Attorney.
The State's Attorney may utilize any Sheriff
or Deputy Sheriff, any peace officer, a private
process server or investigator, or any employee,
agent, or investigator of the State's Attorney's
Office to attempt service without seeking leave of
court.
After the procedures set forth are followed,
service shall be effective on an owner or interest
holder on the date of receipt by the State's
Attorney of a return receipt, or on the date of
receipt of a communication from an owner or
interest holder documenting actual notice,

whichever is first in time, or on the date of the
last act performed by the State's Attorney in
attempting personal service under subparagraph
(ii) above. If notice is to be shown by actual
notice from communication with a claimant, then
the State's Attorney shall file an affidavit
providing details of the communication, which may
be accepted as sufficient proof of service by the
court.
After a claimant files a verified claim with
the State's Attorney and provides an address at
which the claimant will accept service, the
complaint shall be served and notice shall be
perfected upon mailing of the complaint to the
claimant at the address the claimant provided via
certified mail, return receipt requested, and
first class mail. No return receipt need be
received, or any other attempts at service need be
made to comply with service and notice
requirements under this Act. This certified
mailing, return receipt requested, shall be proof
of service of the complaint on the claimant.
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 if the property seized is a
conveyance, to the address reflected in the office
of the agency or official in which title to or
interest in the conveyance is required by law to be
recorded.
(2) If the owner's or interest holder's address is not
known, and is not on record, then notice shall be served by
publication for 3 successive weeks in a newspaper of
general circulation in the county in which the seizure
occurred.
(3) After a claimant files a verified claim with the
State's Attorney and provides an address at which the
claimant will accept service, the complaint shall be served
and notice shall be perfected upon mailing of the complaint
to the claimant at the address the claimant provided via
certified mail, return receipt requested, and first class

mail. No return receipt need be received or any other
attempts at service need be made to comply with service and
notice requirements under this Act. This certified
mailing, return receipt requested, shall be proof of
service of the complaint on the claimant.
(4) Notice to any business entity, corporation,
limited liability company, limited liability partnership,
or partnership shall be completed by a single mailing of a
copy of the notice by certified mail, return receipt
requested, and first class mail to that address. This
notice is complete regardless of the return of a signed
return receipt.
(5) Notice to a person whose address is not within the
State shall be completed by a single mailing of a copy of
the notice by certified mail, return receipt requested, and
first class mail to that address. This notice is complete
regardless of the return of a signed return receipt.
(6) Notice to a person whose address is not within the
United States shall be completed by a single mailing of a
copy of the notice by certified mail, return receipt
requested, and first class mail to that address. This
notice shall be complete regardless of the return of a
signed return receipt. If certified mail is not available
in the foreign country where the person has an address,
then notice shall proceed by publication under paragraph
(2) of this Section.

(7) Notice to any person whom the State's Attorney
reasonably should know is incarcerated within the State
shall also include the mailing a copy of the notice by
certified mail, return receipt requested, and first class
mail to the address of the detention facility with the
inmate's name clearly marked on the envelope.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
Sec. 6. 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 shall institute judicial in rem
forfeiture proceedings as described in Section 9 of this Act
within 28 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 $150,000 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 28
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
which is the subject of notice under subsection (A) of this
Section 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:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the names and addresses of all other persons

known to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(2) If a claimant files the claim then the State's
Attorney shall institute judicial in rem forfeiture
proceedings within 28 days after receipt of the claim.
(D) If no claim is filed within the 45-day 45 day
period as described in subsection (C) of this Section, 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. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(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
$150,000 in value excluding the value of any conveyance, or is
real property, or a claimant has filed a claim 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, the State's
Attorney shall institute judicial forfeiture proceedings
by filing a verified complaint for forfeiture in the
circuit court within whose jurisdiction the seizure
occurred, or within whose jurisdiction an act or omission
giving rise to the seizure occurred, subject to Supreme
Court Rule 187. The complaint for forfeiture shall be filed
as soon as practicable, but not later than 28 days after
the filing of a verified claim by a claimant if the
property was acted upon under a non-judicial forfeiture
action, or 28 days after the State's Attorney receives
notice from the seizing agency as provided under Section 5
of this Act, whichever occurs later. 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.
(A-5) If the State's Attorney finds that the alleged
violation of law giving rise to the seizure was incurred
without willful negligence or without any intention on the
part of the owner of the property to violate the law or
finds the existence of mitigating circumstances to justify
remission of the forfeiture, the State's Attorney may cause

the law enforcement agency having custody of the property
to return the property to the owner within a reasonable
time not to exceed 7 days. The State's Attorney shall
exercise his or her discretion prior to or promptly after
the preliminary review under Section 3.5 of this Act.
Judicial in rem forfeiture proceedings under this Act shall
be subject to the Code of Civil Procedure and the rules of
evidence relating to civil actions.
(A-10) A complaint of forfeiture shall include:
(1) a description of the property seized;
(2) the date and place of seizure of the property;
(3) the name and address of the law enforcement
agency making the seizure; and
(4) the specific statutory and factual grounds for
the seizure.
The complaint shall be served upon the person from whom
the property was seized and all persons known or reasonably
believed by the State to claim an interest in the property,
as provided in Section 4 of this Act. The complaint shall
be accompanied by the following written notice:
"This is a civil court proceeding subject to the Code
of Civil Procedure. You received this Complaint of
Forfeiture because the State's Attorney's office has
brought a legal action seeking forfeiture of your
seized property. This complaint starts the court
process where the state seeks to prove that your

property should be forfeited and not returned to you.
This process is also your opportunity to try to prove
to a judge that you should get your property back. The
complaint lists the date, time, and location of your
first court date. You must appear in court on that day,
or you may lose the case automatically. You must also
file an appearance and answer. If you are unable to pay
the appearance fee, you may qualify to have the fee
waived. If there is a criminal case related to the
seizure of your property, your case may be set for
trial after the criminal case has been resolved. Before
trial, the judge may allow discovery, where the State
can ask you to respond in writing to questions and give
them certain documents, and you can make similar
requests of the State. The trial is your opportunity to
explain what happened when your property was seized and
why you should get the property back.".
(B) The laws of evidence relating to civil actions
shall apply to all other proceedings under this Act except
that the parties shall be allowed to use, and the court
must receive and consider, all relevant hearsay evidence
that relates to evidentiary foundation, chain of custody,
business records, recordings, laboratory analysis,
laboratory reports, and the use of technology in the
investigation that resulted in the seizure of the property
that is subject to the forfeiture action.

(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.
A person not named in the forfeiture complaint who claims
to have an interest in the property may petition to
intervene as a claimant under Section 2-408 of the Code of
Civil Procedure.
(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
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the names and addresses of all other persons
known to have an interest in the property;
(vi) the specific provisions of Section 8 of this
Act relied on in asserting it is exempt from
forfeiture, if applicable;
(vii) all essential facts supporting each

assertion;
(viii) the precise relief sought; and
(ix) in a forfeiture action involving currency or
its equivalent, a claimant shall provide the State with
notice of the claimant's intent to allege that the
currency or its equivalent is not related to the
alleged factual basis for the forfeiture, and why.
(E) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(F) The trial shall be held within 60 days after filing
of the answer unless continued for good cause.
(G) The State, in its case in chief, shall show by a
preponderance of the evidence that the property is subject
to forfeiture; and at least one of the following:
(i) In the case of personal property, including
conveyances:
(a) that the claimant was legally accountable
for the conduct giving rise to the forfeiture;
(b) that the claimant knew or reasonably
should have known of the conduct giving rise to the
forfeiture;
(c) that the claimant knew or reasonably
should have known that the conduct giving rise to
the forfeiture was likely to occur;
(d) that the claimant held the property for the
benefit of, or as nominee for, any person whose

conduct gave rise to its forfeiture;
(e) that if the claimant acquired the interest
through any person engaging in any of the conduct
described above or conduct giving rise to the
forfeiture:
(1) the claimant did not acquire it as a
bona fide purchaser for value, or
(2) the claimant acquired the interest
under such circumstances that the claimant
reasonably should have known the property was
derived from, or used in, the conduct giving
rise to the forfeiture;
(f) that the claimant is not the true owner of
the property;
(g) that the claimant acquired the interest:
(1) before the commencement of the conduct
giving rise to the forfeiture and the person
whose conduct gave rise to the forfeiture did
not have authority to convey the interest to a
bona fide purchaser for value at the time of
the conduct; or
(2) after the commencement of the conduct
giving rise to the 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 that gave rise to the
forfeiture, and without the knowledge of the
seizure of the property for forfeiture.
(ii) In the case of real property:
(a) that the claimant was legally accountable
for the conduct giving rise to the forfeiture;
(b) that the claimant solicited, conspired, or
attempted to commit the conduct giving rise to the
forfeiture; or
(c) that the claimant had acquired or stood to
acquire substantial proceeds from the conduct
giving rise to its forfeiture other than as an
interest holder in an arm's length transaction;
(d) that the claimant is not the true owner of
the property;
(e) that the claimant acquired the interest:
(1) before the commencement of the conduct
giving rise to the forfeiture and the person
whose conduct gave rise to the forfeiture did
not have authority to convey the interest to a
bona fide purchaser for value at the time of
the conduct; or
(2) after the commencement of the conduct
giving rise to the 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 that gave rise to the
forfeiture, and before the filing in the office
of the recorder of deeds of the county in which
the real estate is located a notice of seizure
for forfeiture or a lis pendens notice.
(G-5) If the property that is the subject of the
forfeiture proceeding is currency or its equivalent, the
State, in its case in chief, shall show by a preponderance
of the evidence that the property is subject to forfeiture.
If the State makes that showing, the claimant shall have
the burden of production to set forth evidence that the
currency or its equivalent is not related to the alleged
factual basis of the forfeiture. After the production of
evidence, the State shall maintain the burden of proof to
overcome this assertion.
(G-10) Notwithstanding any other provision of this
Section, the State's burden of proof at the trial of the
forfeiture action shall be by clear and convincing evidence
if:
(1) a finding of not guilty is entered as to all
counts and all defendants in a criminal proceeding
relating to the conduct giving rise to the forfeiture
action; or
(2) the State receives an adverse finding at a
preliminary hearing and fails to secure an indictment

in a criminal proceeding related to the factual
allegations of the forfeiture action.
(H) If the State does not meet its burden of proof, the
court shall order the interest in the property returned or
conveyed to the claimant and shall order all other property
as to which the State does meet its burden of proof
forfeited to the State. If the State does meet its burden
of proof, 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) Title to all property declared forfeited under this
Act vests in the State on the commission of the conduct
giving rise to forfeiture together with the proceeds of the
property after that time. Except as otherwise provided in
this Act, any such property or proceeds subsequently
transferred to any person remain subject to forfeiture
unless a person to whom the property was transferred makes
an appropriate claim under this Act and has the claim
adjudicated in the judicial in rem proceeding.
(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.
(M) No property shall be forfeited under this Act from
a person who, without actual or constructive notice that
the property was the subject of forfeiture proceedings,
obtained possession of the property as a bona fide

purchaser for value. A person who purports to transfer
property after receiving actual or constructive notice
that the property is subject to seizure or forfeiture is
guilty of contempt of court and shall be liable to the
State for a penalty in the amount of the fair market value
of the property.
(N) If property is ordered forfeited under this Act
from a claimant who held title to the property in joint
tenancy or tenancy in common with another claimant, the
court shall determine the amount of each owner's interest
in the property according to principles of property law.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(725 ILCS 150/13.4)
Sec. 13.4. Applicability; savings clause.
(a) The changes made to this Act by Public Act 100-512
100-0512 and Public Act 100-699 this amendatory Act of the
100th General Assembly only apply to property seized on and
after July 1, 2018.
(b) The changes made to this Act by Public Act 100-699 this
amendatory Act of the 100th General Assembly are subject to
Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18.)
Section 35. The Illinois Streetgang Terrorism Omnibus
Prevention Act is amended by changing Section 40 as follows:

(740 ILCS 147/40)
Sec. 40. Forfeiture.
(a) The following are subject to seizure and forfeiture:
(1) any property that is directly or indirectly used or
intended for use in any manner to facilitate streetgang
related activity; and
(2) any property constituting or derived from gross
profits or other proceeds obtained from streetgang related
activity.
(b) Property subject to forfeiture under this Section may
be seized under the procedures set forth in under Section
36-2.1 of the Criminal Code of 2012, except that 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 the
real property without a hearing, warrant application, or
judicial approval.
(c) The State's Attorney may initiate forfeiture
proceedings under the procedures in Article 36 of the Criminal
Code of 2012. The State shall bear the burden of proving by a
preponderance of the evidence that the property was acquired
through a pattern of streetgang related activity.
(d) Property forfeited under this Section shall be disposed

of in accordance with Section 36-7 of Article 36 of the
Criminal Code of 2012 for the forfeiture of vehicles, vessels,
and aircraft.
(e) Within 60 days of the date of the seizure of contraband
under this Section, the State's Attorney shall initiate
forfeiture proceedings as provided in Article 36 of the
Criminal Code of 2012. An owner or person who has a lien on the
property may establish as a defense to the forfeiture of
property that is subject to forfeiture under this Section that
the owner or lienholder had no knowledge that the property was
acquired through a pattern of streetgang related activity.
Property that is forfeited under this Section shall be disposed
of as provided in Article 36 of the Criminal Code of 2012 for
the forfeiture of vehicles, vessels, and aircraft. The proceeds
of the disposition shall be paid to the Gang Violence Victims
and Witnesses Fund to be used to assist in the prosecution of
gang crimes.
(f) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
(g) The changes made to this Section by Public Act 100-512
100-0512 only apply to property seized on and after July 1,
2018.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.