(725 ILCS 5/124B‑700)
Sec. 124B‑700.
Persons and property subject to forfeiture.
A person who commits a felony violation of Article 17B of the Criminal Code of 1961 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired, in whole or in part, as a result of committing the violation or (ii) the person has maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Article 17B of the Criminal Code of 1961. Property subject to forfeiture under this Part 700 includes the following:
(1) All moneys, things of value, books, records, and
| research products and materials that are used or intended to be used in committing a felony violation of Article 17B of the Criminal Code of 1961. | |
(2) Everything of value furnished, or intended to be |
| furnished, in exchange for a substance in violation of Article 17B of the Criminal Code of 1961; all proceeds traceable to that exchange; and all moneys, negotiable instruments, and securities used or intended to be used to commit or in any manner to facilitate the commission of a felony violation of Article 17B of the Criminal Code of 1961. | |
(3) All real property, including any right, title, |
| and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a felony violation of Article 17B of the Criminal Code of 1961 or that is the proceeds of any act that constitutes a felony violation of Article 17B of the Criminal Code of 1961. | |
(Source: P.A. 96‑712, eff. 1‑1‑10.) |
(725 ILCS 5/124B‑705)
Sec. 124B‑705.
Seizure and inventory of property subject to forfeiture.
Property taken or detained under this Part shall not be subject to replevin, but is deemed to be in the custody of the Director of State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the Attorney General or State's Attorney under this Article. When property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the estimate of the property's value to the Director of State Police. Upon receiving the notice of seizure, the Director may do any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the
|
(3) Keep the property in the possession of the |
|
(4) Remove the property to a storage area for |
| safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account. | |
(5) Place the property under constructive seizure by |
| posting notice of the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property. | |
(6) Provide for another agency or custodian, |
| including an owner, secured party, or lienholder, to take custody of the property on terms and conditions set by the Director. | |
(Source: P.A. 96‑712, eff. 1‑1‑10.) |
(725 ILCS 5/124B‑700)
Sec. 124B‑700.
Persons and property subject to forfeiture.
A person who commits a felony violation of Article 17B of the Criminal Code of 1961 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired, in whole or in part, as a result of committing the violation or (ii) the person has maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Article 17B of the Criminal Code of 1961. Property subject to forfeiture under this Part 700 includes the following:
(1) All moneys, things of value, books, records, and
| research products and materials that are used or intended to be used in committing a felony violation of Article 17B of the Criminal Code of 1961. | |
(2) Everything of value furnished, or intended to be |
| furnished, in exchange for a substance in violation of Article 17B of the Criminal Code of 1961; all proceeds traceable to that exchange; and all moneys, negotiable instruments, and securities used or intended to be used to commit or in any manner to facilitate the commission of a felony violation of Article 17B of the Criminal Code of 1961. | |
(3) All real property, including any right, title, |
| and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a felony violation of Article 17B of the Criminal Code of 1961 or that is the proceeds of any act that constitutes a felony violation of Article 17B of the Criminal Code of 1961. | |
(Source: P.A. 96‑712, eff. 1‑1‑10.) |
(725 ILCS 5/124B‑705)
Sec. 124B‑705.
Seizure and inventory of property subject to forfeiture.
Property taken or detained under this Part shall not be subject to replevin, but is deemed to be in the custody of the Director of State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the Attorney General or State's Attorney under this Article. When property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the estimate of the property's value to the Director of State Police. Upon receiving the notice of seizure, the Director may do any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the
|
(3) Keep the property in the possession of the |
|
(4) Remove the property to a storage area for |
| safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account. | |
(5) Place the property under constructive seizure by |
| posting notice of the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property. | |
(6) Provide for another agency or custodian, |
| including an owner, secured party, or lienholder, to take custody of the property on terms and conditions set by the Director. | |
(Source: P.A. 96‑712, eff. 1‑1‑10.) |