State Codes and Statutes

Statutes > Illinois > Chapter725 > 1966 > 072500050HTit_VIII


      (725 ILCS 5/Tit. VIII heading)
TITLE VIII. MISCELLANEOUS


      (725 ILCS 5/Art. 124A heading)
ARTICLE 124A. LIENS AND COSTS

    (725 ILCS 5/124A‑5)
    Sec. 124A‑5. Judgment for costs of prosecution. When a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the offender pay the costs of the prosecution. The costs shall include reasonable costs incurred by the Sheriff for serving arrest warrants, for picking up the offender from a county other than the one in which he or she was convicted, and for picking up the offender from a location outside the State of Illinois pursuant either to his or her extradition or to his or her waiver of extradition.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

    (725 ILCS 5/124A‑10)
    Sec. 124A‑10. Lien. The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution. The clerk of the court in which the conviction is had shall upon the expiration of 30 days after judgment is entered issue a certified copy of the judgment for any fine that remains unpaid, and all costs of conviction remaining unpaid. Unless a court ordered payment schedule is implemented, the clerk of the court may add to any judgment a delinquency amount equal to 5% of the unpaid fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and 15% of the unpaid fines, costs, fees, and penalties that remain unpaid after 90 days. Notice to those parties affected may be made by signage posting or publication. The clerk of the court may also after a period of 90 days release to credit reporting agencies, information regarding unpaid amounts. The additional delinquency amounts collected under this Section shall be used to defray additional administrative costs incurred by the clerk of the court in collecting unpaid fines, costs, fees, and penalties. The certified copy of the judgment shall state the day on which the arrest was made or indictment found, as the case may be. Enforcement of the judgment may be directed to the proper officer of any county in this State. The officer to whom the certified copy of the judgment is delivered shall levy the judgment upon all the estate, real and personal, of the defendant (not exempt from enforcement) possessed by him or her on the day of the arrest or finding the indictment, as stated in the certified copy of the judgment and any such property subsequently acquired; and the property so levied upon shall be advertised and sold in the same manner as in civil cases, with the like rights to all parties that may be interested in the property. It is not an objection to the selling of any property under the judgment that the defendant is in custody for the fine or costs, or both.
(Source: P.A. 92‑653, eff. 1‑1‑03.)


 
    (725 ILCS 5/Art. 124B heading)
ARTICLE 124B. FORFEITURE
(Source: P.A. 96‑712, eff. 1‑1‑10.)


 
    (725 ILCS 5/Art. 124B Pt. 5 heading)
Part 5. General Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑5)
    Sec. 124B‑5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑10)
    Sec. 124B‑10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following:
        (1) A violation of Section 10A‑10 of the Criminal
     Code of 1961 (involuntary servitude; involuntary servitude of a minor; trafficking of persons for forced labor or services).
        (2) A violation of Section 11‑17.1 of the Criminal
     Code of 1961 (keeping a place of juvenile prostitution).
        (3) A violation of Section 11‑19.2 of the Criminal
     Code of 1961 (exploitation of a child).
        (4) A violation of Section 11‑20 of the Criminal Code
     of 1961 (obscenity).
        (5) A second or subsequent violation of Section
     11‑20.1 of the Criminal Code of 1961 (child pornography).
        (6) A violation of Section 11‑20.3 of the Criminal
     Code of 1961 (aggravated child pornography).
        (7) A violation of Section 16D‑5 of the Criminal Code
     of 1961 (computer fraud).
        (8) A felony violation of Article 17B of the Criminal
     Code of 1961 (WIC fraud).
        (9) A felony violation of Section 26‑5 of the
     Criminal Code of 1961 (dog fighting).
        (10) A violation of Article 29D of the Criminal Code
     of 1961 (terrorism).
        (11) A felony violation of Section 4.01 of the Humane
     Care for Animals Act (animals in entertainment).
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑15)
    Sec. 124B‑15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date.
(Source: P.A. 96‑712, eff. 1‑1‑10.)


 
    (725 ILCS 5/Art. 124B Pt. 100 heading)
Part 100. Standard Forfeiture Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑100)
    Sec. 124B‑100. Definition; "offense". For purposes of this Article, "offense" is defined as follows:
        (1) In the case of forfeiture authorized under
     Section 10A‑15 of the Criminal Code of 1961, "offense" means the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services in violation of Section 10A‑10 of that Code.
        (2) In the case of forfeiture authorized under
     Section 11‑17.1 of the Criminal Code of 1961, "offense" means the offense of keeping a place of juvenile prostitution in violation of Section 11‑17.1 of that Code.
        (3) In the case of forfeiture authorized under
     Section 11‑19.2 of the Criminal Code of 1961, "offense" means the offense of exploitation of a child in violation of Section 11‑19.2 of that Code.
        (4) In the case of forfeiture authorized under
     Section 11‑20 of the Criminal Code of 1961, "offense" means the offense of obscenity in violation of that Section.
        (5) In the case of forfeiture authorized under
     Section 11‑20.1 of the Criminal Code of 1961, "offense" means the offense of child pornography in violation of Section 11‑20.1 of that Code.
        (6) In the case of forfeiture authorized under
     Section 11‑20.3 of the Criminal Code of 1961, "offense" means the offense of aggravated child pornography in violation of Section 11‑20.3 of that Code.
        (7) In the case of forfeiture authorized under
     Section 16D‑6 of the Criminal Code of 1961, "offense" means the offense of computer fraud in violation of Section 16D‑5 of that Code.
        (8) In the case of forfeiture authorized under
     Section 17B‑25 of the Criminal Code of 1961, "offense" means any felony violation of Article 17B of that Code.
        (9) In the case of forfeiture authorized under
     Section 29D‑65 of the Criminal Code of 1961, "offense" means any offense under Article 29D of that Code.
        (10) In the case of forfeiture authorized under
     Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of the Criminal Code of 1961, "offense" means any felony offense under either of those Sections.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑105)
    Sec. 124B‑105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑110)
    Sec. 124B‑110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following:
        (1) A person with only a general unsecured interest
     in, or claim against, the property or estate of another.
        (2) A bailee, unless the bailor is identified and the
     bailee shows a colorable legitimate interest in the property seized.
        (3) A nominee who exercises no dominion or control
     over the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑115)
    Sec. 124B‑115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑120)
    Sec. 124B‑120. Definition; "property". In this Article, "property" means:
        (1) Real property, including, without limitation,
     land, fixtures or improvements on land, and anything growing on or found in land.
        (2) Tangible or intangible personal property,
     including, without limitation, rights, privileges, interests, claims, securities, and money.
    "Property" includes any leasehold or possessory interest
     and, in the case of real property, includes a beneficial interest in a land trust.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑125)
    Sec. 124B‑125. Real property exempt from forfeiture.
    (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements:
        (1) He or she is not legally accountable for the
     conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture.
        (2) He or she had not acquired and did not stand to
     acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
        (3) He or she does not hold the property for the
     benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
        (4) He or she acquired the interest before a notice
     of seizure for forfeiture or a lis pendens notice with respect to the property was filed in the office of the recorder of deeds of the county in which the property is located and either:
            (A) acquired the interest before the commencement
         of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
            (B) acquired the interest after the commencement
         of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
        (5) With respect to a property interest in existence
     at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
            (A) did not know of the conduct giving rise to
         the forfeiture; or
            (B) upon learning of the conduct giving rise to
         the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
        (7) The property is not a type of property,
     possession of which is otherwise in violation of law.
    (b) For purposes of paragraph (5) of subsection (a), ways
     in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
        (1) Gave timely notice to an appropriate law
     enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
        (2) In a timely fashion revoked or made a good faith
     attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
    A person is not required by this subsection (b) to take
     steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑130)
    Sec. 124B‑130. Personal property exempt from forfeiture.
    (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements:
        (1) He or she is not legally accountable for the
     conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur.
        (2) He or she had not acquired and did not stand to
     acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
        (3) He or she does not hold the property for the
     benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
        (4) He or she acquired the interest without knowledge
     of the seizure of the property for forfeiture and either:
            (A) acquired the interest before the commencement
         of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
            (B) acquired the interest after the commencement
         of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
        (5) With respect to a property interest in existence
     at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
            (A) did not know of the conduct giving rise to
         the forfeiture; or
            (B) upon learning of the conduct giving rise to
         the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
        (6) With respect to conveyances, he or she did not
     hold the property jointly or in common with a person whose conduct gave rise to the forfeiture.
        (7) The property is not a type of property,
     possession of which is otherwise in violation of law.
    (b) For purposes of paragraph (5) of subsection (a), ways
     in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
        (1) Gave timely notice to an appropriate law
     enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
        (2) In a timely fashion revoked or made a good faith
     attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
    A person is not required by this subsection (b) to take
     steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑135)
    Sec. 124B‑135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption is upon the person claiming the exemption.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑140)
    Sec. 124B‑140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B‑125 through 124B‑135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following:
        (1) Severing and releasing the property.
        (2) Transferring the property to the State with a
     provision that the State compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets.
        (3) Permitting the innocent owner to retain the
     property subject to a lien in favor of the State to the extent of the forfeitable interest in the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑145)
    Sec. 124B‑145. Property constituting attorney's fees; forfeiture not applicable. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in a forfeiture proceeding under this Article, or in a criminal proceeding relating directly to a forfeiture proceeding under this Article, if (i) the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and (ii) the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑150)
    Sec. 124B‑150. Protective order; probable cause.
    (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take other appropriate action, to preserve the availability of property for forfeiture under this Article. Before entering such an order or taking such action, the court shall first determine the following:
        (1) Whether there is probable cause to believe that
     the person or persons so charged have committed the offense.
        (2) Whether the property is subject to forfeiture
     under this Article.
    (b) In order to make the determinations of probable cause
     required under subsection (a), the court shall conduct a hearing without a jury. In that hearing, the State must establish both of the following:
        (1) There is probable cause that the person or
     persons charged have committed the offense.
        (2) There is probable cause that property may be
     subject to forfeiture under this Article.
    (c) The court may conduct the hearing under subsection
     (b) simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint. The court may conduct the hearing under subsection (b) at any stage in the criminal proceedings upon the State's motion.
    (d) The court may accept a finding of probable cause at a
     preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b).
    (e) Upon making a finding of probable cause as required
     under this Section, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing under this Article.
    (f) The Attorney General or State's Attorney shall file a
     certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any property of the defendant subject to forfeiture is located.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑155)
    Sec. 124B‑155. Rights of certain parties unaffected by protective order; release of property.
    (a) A restraining order or injunction entered, or other action taken, by the court under Section 124B‑150 does not affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lienholder that arose before the date on which a certified copy of the restraining order, injunction, or other prohibition was filed in accordance with subsection (f) of Section 124B‑150.
    (b) At any time, upon verified petition by the defendant or by an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, the court may conduct a hearing to release all or portions of any property that the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or other action. For good cause shown and in the court's sound discretion, the court may release the property to the defendant or inn

State Codes and Statutes

Statutes > Illinois > Chapter725 > 1966 > 072500050HTit_VIII


      (725 ILCS 5/Tit. VIII heading)
TITLE VIII. MISCELLANEOUS


      (725 ILCS 5/Art. 124A heading)
ARTICLE 124A. LIENS AND COSTS

    (725 ILCS 5/124A‑5)
    Sec. 124A‑5. Judgment for costs of prosecution. When a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the offender pay the costs of the prosecution. The costs shall include reasonable costs incurred by the Sheriff for serving arrest warrants, for picking up the offender from a county other than the one in which he or she was convicted, and for picking up the offender from a location outside the State of Illinois pursuant either to his or her extradition or to his or her waiver of extradition.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

    (725 ILCS 5/124A‑10)
    Sec. 124A‑10. Lien. The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution. The clerk of the court in which the conviction is had shall upon the expiration of 30 days after judgment is entered issue a certified copy of the judgment for any fine that remains unpaid, and all costs of conviction remaining unpaid. Unless a court ordered payment schedule is implemented, the clerk of the court may add to any judgment a delinquency amount equal to 5% of the unpaid fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and 15% of the unpaid fines, costs, fees, and penalties that remain unpaid after 90 days. Notice to those parties affected may be made by signage posting or publication. The clerk of the court may also after a period of 90 days release to credit reporting agencies, information regarding unpaid amounts. The additional delinquency amounts collected under this Section shall be used to defray additional administrative costs incurred by the clerk of the court in collecting unpaid fines, costs, fees, and penalties. The certified copy of the judgment shall state the day on which the arrest was made or indictment found, as the case may be. Enforcement of the judgment may be directed to the proper officer of any county in this State. The officer to whom the certified copy of the judgment is delivered shall levy the judgment upon all the estate, real and personal, of the defendant (not exempt from enforcement) possessed by him or her on the day of the arrest or finding the indictment, as stated in the certified copy of the judgment and any such property subsequently acquired; and the property so levied upon shall be advertised and sold in the same manner as in civil cases, with the like rights to all parties that may be interested in the property. It is not an objection to the selling of any property under the judgment that the defendant is in custody for the fine or costs, or both.
(Source: P.A. 92‑653, eff. 1‑1‑03.)


 
    (725 ILCS 5/Art. 124B heading)
ARTICLE 124B. FORFEITURE
(Source: P.A. 96‑712, eff. 1‑1‑10.)


 
    (725 ILCS 5/Art. 124B Pt. 5 heading)
Part 5. General Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑5)
    Sec. 124B‑5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑10)
    Sec. 124B‑10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following:
        (1) A violation of Section 10A‑10 of the Criminal
     Code of 1961 (involuntary servitude; involuntary servitude of a minor; trafficking of persons for forced labor or services).
        (2) A violation of Section 11‑17.1 of the Criminal
     Code of 1961 (keeping a place of juvenile prostitution).
        (3) A violation of Section 11‑19.2 of the Criminal
     Code of 1961 (exploitation of a child).
        (4) A violation of Section 11‑20 of the Criminal Code
     of 1961 (obscenity).
        (5) A second or subsequent violation of Section
     11‑20.1 of the Criminal Code of 1961 (child pornography).
        (6) A violation of Section 11‑20.3 of the Criminal
     Code of 1961 (aggravated child pornography).
        (7) A violation of Section 16D‑5 of the Criminal Code
     of 1961 (computer fraud).
        (8) A felony violation of Article 17B of the Criminal
     Code of 1961 (WIC fraud).
        (9) A felony violation of Section 26‑5 of the
     Criminal Code of 1961 (dog fighting).
        (10) A violation of Article 29D of the Criminal Code
     of 1961 (terrorism).
        (11) A felony violation of Section 4.01 of the Humane
     Care for Animals Act (animals in entertainment).
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑15)
    Sec. 124B‑15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date.
(Source: P.A. 96‑712, eff. 1‑1‑10.)


 
    (725 ILCS 5/Art. 124B Pt. 100 heading)
Part 100. Standard Forfeiture Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑100)
    Sec. 124B‑100. Definition; "offense". For purposes of this Article, "offense" is defined as follows:
        (1) In the case of forfeiture authorized under
     Section 10A‑15 of the Criminal Code of 1961, "offense" means the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services in violation of Section 10A‑10 of that Code.
        (2) In the case of forfeiture authorized under
     Section 11‑17.1 of the Criminal Code of 1961, "offense" means the offense of keeping a place of juvenile prostitution in violation of Section 11‑17.1 of that Code.
        (3) In the case of forfeiture authorized under
     Section 11‑19.2 of the Criminal Code of 1961, "offense" means the offense of exploitation of a child in violation of Section 11‑19.2 of that Code.
        (4) In the case of forfeiture authorized under
     Section 11‑20 of the Criminal Code of 1961, "offense" means the offense of obscenity in violation of that Section.
        (5) In the case of forfeiture authorized under
     Section 11‑20.1 of the Criminal Code of 1961, "offense" means the offense of child pornography in violation of Section 11‑20.1 of that Code.
        (6) In the case of forfeiture authorized under
     Section 11‑20.3 of the Criminal Code of 1961, "offense" means the offense of aggravated child pornography in violation of Section 11‑20.3 of that Code.
        (7) In the case of forfeiture authorized under
     Section 16D‑6 of the Criminal Code of 1961, "offense" means the offense of computer fraud in violation of Section 16D‑5 of that Code.
        (8) In the case of forfeiture authorized under
     Section 17B‑25 of the Criminal Code of 1961, "offense" means any felony violation of Article 17B of that Code.
        (9) In the case of forfeiture authorized under
     Section 29D‑65 of the Criminal Code of 1961, "offense" means any offense under Article 29D of that Code.
        (10) In the case of forfeiture authorized under
     Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of the Criminal Code of 1961, "offense" means any felony offense under either of those Sections.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑105)
    Sec. 124B‑105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑110)
    Sec. 124B‑110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following:
        (1) A person with only a general unsecured interest
     in, or claim against, the property or estate of another.
        (2) A bailee, unless the bailor is identified and the
     bailee shows a colorable legitimate interest in the property seized.
        (3) A nominee who exercises no dominion or control
     over the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑115)
    Sec. 124B‑115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑120)
    Sec. 124B‑120. Definition; "property". In this Article, "property" means:
        (1) Real property, including, without limitation,
     land, fixtures or improvements on land, and anything growing on or found in land.
        (2) Tangible or intangible personal property,
     including, without limitation, rights, privileges, interests, claims, securities, and money.
    "Property" includes any leasehold or possessory interest
     and, in the case of real property, includes a beneficial interest in a land trust.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑125)
    Sec. 124B‑125. Real property exempt from forfeiture.
    (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements:
        (1) He or she is not legally accountable for the
     conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture.
        (2) He or she had not acquired and did not stand to
     acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
        (3) He or she does not hold the property for the
     benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
        (4) He or she acquired the interest before a notice
     of seizure for forfeiture or a lis pendens notice with respect to the property was filed in the office of the recorder of deeds of the county in which the property is located and either:
            (A) acquired the interest before the commencement
         of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
            (B) acquired the interest after the commencement
         of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
        (5) With respect to a property interest in existence
     at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
            (A) did not know of the conduct giving rise to
         the forfeiture; or
            (B) upon learning of the conduct giving rise to
         the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
        (7) The property is not a type of property,
     possession of which is otherwise in violation of law.
    (b) For purposes of paragraph (5) of subsection (a), ways
     in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
        (1) Gave timely notice to an appropriate law
     enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
        (2) In a timely fashion revoked or made a good faith
     attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
    A person is not required by this subsection (b) to take
     steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑130)
    Sec. 124B‑130. Personal property exempt from forfeiture.
    (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements:
        (1) He or she is not legally accountable for the
     conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur.
        (2) He or she had not acquired and did not stand to
     acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
        (3) He or she does not hold the property for the
     benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
        (4) He or she acquired the interest without knowledge
     of the seizure of the property for forfeiture and either:
            (A) acquired the interest before the commencement
         of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
            (B) acquired the interest after the commencement
         of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
        (5) With respect to a property interest in existence
     at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
            (A) did not know of the conduct giving rise to
         the forfeiture; or
            (B) upon learning of the conduct giving rise to
         the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
        (6) With respect to conveyances, he or she did not
     hold the property jointly or in common with a person whose conduct gave rise to the forfeiture.
        (7) The property is not a type of property,
     possession of which is otherwise in violation of law.
    (b) For purposes of paragraph (5) of subsection (a), ways
     in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
        (1) Gave timely notice to an appropriate law
     enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
        (2) In a timely fashion revoked or made a good faith
     attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
    A person is not required by this subsection (b) to take
     steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑135)
    Sec. 124B‑135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption is upon the person claiming the exemption.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑140)
    Sec. 124B‑140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B‑125 through 124B‑135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following:
        (1) Severing and releasing the property.
        (2) Transferring the property to the State with a
     provision that the State compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets.
        (3) Permitting the innocent owner to retain the
     property subject to a lien in favor of the State to the extent of the forfeitable interest in the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑145)
    Sec. 124B‑145. Property constituting attorney's fees; forfeiture not applicable. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in a forfeiture proceeding under this Article, or in a criminal proceeding relating directly to a forfeiture proceeding under this Article, if (i) the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and (ii) the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑150)
    Sec. 124B‑150. Protective order; probable cause.
    (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take other appropriate action, to preserve the availability of property for forfeiture under this Article. Before entering such an order or taking such action, the court shall first determine the following:
        (1) Whether there is probable cause to believe that
     the person or persons so charged have committed the offense.
        (2) Whether the property is subject to forfeiture
     under this Article.
    (b) In order to make the determinations of probable cause
     required under subsection (a), the court shall conduct a hearing without a jury. In that hearing, the State must establish both of the following:
        (1) There is probable cause that the person or
     persons charged have committed the offense.
        (2) There is probable cause that property may be
     subject to forfeiture under this Article.
    (c) The court may conduct the hearing under subsection
     (b) simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint. The court may conduct the hearing under subsection (b) at any stage in the criminal proceedings upon the State's motion.
    (d) The court may accept a finding of probable cause at a
     preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b).
    (e) Upon making a finding of probable cause as required
     under this Section, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing under this Article.
    (f) The Attorney General or State's Attorney shall file a
     certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any property of the defendant subject to forfeiture is located.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑155)
    Sec. 124B‑155. Rights of certain parties unaffected by protective order; release of property.
    (a) A restraining order or injunction entered, or other action taken, by the court under Section 124B‑150 does not affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lienholder that arose before the date on which a certified copy of the restraining order, injunction, or other prohibition was filed in accordance with subsection (f) of Section 124B‑150.
    (b) At any time, upon verified petition by the defendant or by an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, the court may conduct a hearing to release all or portions of any property that the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or other action. For good cause shown and in the court's sound discretion, the court may release the property to the defendant or inn

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State Codes and Statutes

Statutes > Illinois > Chapter725 > 1966 > 072500050HTit_VIII


      (725 ILCS 5/Tit. VIII heading)
TITLE VIII. MISCELLANEOUS


      (725 ILCS 5/Art. 124A heading)
ARTICLE 124A. LIENS AND COSTS

    (725 ILCS 5/124A‑5)
    Sec. 124A‑5. Judgment for costs of prosecution. When a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the offender pay the costs of the prosecution. The costs shall include reasonable costs incurred by the Sheriff for serving arrest warrants, for picking up the offender from a county other than the one in which he or she was convicted, and for picking up the offender from a location outside the State of Illinois pursuant either to his or her extradition or to his or her waiver of extradition.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

    (725 ILCS 5/124A‑10)
    Sec. 124A‑10. Lien. The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution. The clerk of the court in which the conviction is had shall upon the expiration of 30 days after judgment is entered issue a certified copy of the judgment for any fine that remains unpaid, and all costs of conviction remaining unpaid. Unless a court ordered payment schedule is implemented, the clerk of the court may add to any judgment a delinquency amount equal to 5% of the unpaid fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and 15% of the unpaid fines, costs, fees, and penalties that remain unpaid after 90 days. Notice to those parties affected may be made by signage posting or publication. The clerk of the court may also after a period of 90 days release to credit reporting agencies, information regarding unpaid amounts. The additional delinquency amounts collected under this Section shall be used to defray additional administrative costs incurred by the clerk of the court in collecting unpaid fines, costs, fees, and penalties. The certified copy of the judgment shall state the day on which the arrest was made or indictment found, as the case may be. Enforcement of the judgment may be directed to the proper officer of any county in this State. The officer to whom the certified copy of the judgment is delivered shall levy the judgment upon all the estate, real and personal, of the defendant (not exempt from enforcement) possessed by him or her on the day of the arrest or finding the indictment, as stated in the certified copy of the judgment and any such property subsequently acquired; and the property so levied upon shall be advertised and sold in the same manner as in civil cases, with the like rights to all parties that may be interested in the property. It is not an objection to the selling of any property under the judgment that the defendant is in custody for the fine or costs, or both.
(Source: P.A. 92‑653, eff. 1‑1‑03.)


 
    (725 ILCS 5/Art. 124B heading)
ARTICLE 124B. FORFEITURE
(Source: P.A. 96‑712, eff. 1‑1‑10.)


 
    (725 ILCS 5/Art. 124B Pt. 5 heading)
Part 5. General Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑5)
    Sec. 124B‑5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑10)
    Sec. 124B‑10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following:
        (1) A violation of Section 10A‑10 of the Criminal
     Code of 1961 (involuntary servitude; involuntary servitude of a minor; trafficking of persons for forced labor or services).
        (2) A violation of Section 11‑17.1 of the Criminal
     Code of 1961 (keeping a place of juvenile prostitution).
        (3) A violation of Section 11‑19.2 of the Criminal
     Code of 1961 (exploitation of a child).
        (4) A violation of Section 11‑20 of the Criminal Code
     of 1961 (obscenity).
        (5) A second or subsequent violation of Section
     11‑20.1 of the Criminal Code of 1961 (child pornography).
        (6) A violation of Section 11‑20.3 of the Criminal
     Code of 1961 (aggravated child pornography).
        (7) A violation of Section 16D‑5 of the Criminal Code
     of 1961 (computer fraud).
        (8) A felony violation of Article 17B of the Criminal
     Code of 1961 (WIC fraud).
        (9) A felony violation of Section 26‑5 of the
     Criminal Code of 1961 (dog fighting).
        (10) A violation of Article 29D of the Criminal Code
     of 1961 (terrorism).
        (11) A felony violation of Section 4.01 of the Humane
     Care for Animals Act (animals in entertainment).
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑15)
    Sec. 124B‑15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date.
(Source: P.A. 96‑712, eff. 1‑1‑10.)


 
    (725 ILCS 5/Art. 124B Pt. 100 heading)
Part 100. Standard Forfeiture Provisions
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑100)
    Sec. 124B‑100. Definition; "offense". For purposes of this Article, "offense" is defined as follows:
        (1) In the case of forfeiture authorized under
     Section 10A‑15 of the Criminal Code of 1961, "offense" means the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services in violation of Section 10A‑10 of that Code.
        (2) In the case of forfeiture authorized under
     Section 11‑17.1 of the Criminal Code of 1961, "offense" means the offense of keeping a place of juvenile prostitution in violation of Section 11‑17.1 of that Code.
        (3) In the case of forfeiture authorized under
     Section 11‑19.2 of the Criminal Code of 1961, "offense" means the offense of exploitation of a child in violation of Section 11‑19.2 of that Code.
        (4) In the case of forfeiture authorized under
     Section 11‑20 of the Criminal Code of 1961, "offense" means the offense of obscenity in violation of that Section.
        (5) In the case of forfeiture authorized under
     Section 11‑20.1 of the Criminal Code of 1961, "offense" means the offense of child pornography in violation of Section 11‑20.1 of that Code.
        (6) In the case of forfeiture authorized under
     Section 11‑20.3 of the Criminal Code of 1961, "offense" means the offense of aggravated child pornography in violation of Section 11‑20.3 of that Code.
        (7) In the case of forfeiture authorized under
     Section 16D‑6 of the Criminal Code of 1961, "offense" means the offense of computer fraud in violation of Section 16D‑5 of that Code.
        (8) In the case of forfeiture authorized under
     Section 17B‑25 of the Criminal Code of 1961, "offense" means any felony violation of Article 17B of that Code.
        (9) In the case of forfeiture authorized under
     Section 29D‑65 of the Criminal Code of 1961, "offense" means any offense under Article 29D of that Code.
        (10) In the case of forfeiture authorized under
     Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of the Criminal Code of 1961, "offense" means any felony offense under either of those Sections.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑105)
    Sec. 124B‑105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑110)
    Sec. 124B‑110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following:
        (1) A person with only a general unsecured interest
     in, or claim against, the property or estate of another.
        (2) A bailee, unless the bailor is identified and the
     bailee shows a colorable legitimate interest in the property seized.
        (3) A nominee who exercises no dominion or control
     over the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑115)
    Sec. 124B‑115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑120)
    Sec. 124B‑120. Definition; "property". In this Article, "property" means:
        (1) Real property, including, without limitation,
     land, fixtures or improvements on land, and anything growing on or found in land.
        (2) Tangible or intangible personal property,
     including, without limitation, rights, privileges, interests, claims, securities, and money.
    "Property" includes any leasehold or possessory interest
     and, in the case of real property, includes a beneficial interest in a land trust.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑125)
    Sec. 124B‑125. Real property exempt from forfeiture.
    (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements:
        (1) He or she is not legally accountable for the
     conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture.
        (2) He or she had not acquired and did not stand to
     acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
        (3) He or she does not hold the property for the
     benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
        (4) He or she acquired the interest before a notice
     of seizure for forfeiture or a lis pendens notice with respect to the property was filed in the office of the recorder of deeds of the county in which the property is located and either:
            (A) acquired the interest before the commencement
         of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
            (B) acquired the interest after the commencement
         of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
        (5) With respect to a property interest in existence
     at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
            (A) did not know of the conduct giving rise to
         the forfeiture; or
            (B) upon learning of the conduct giving rise to
         the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
        (7) The property is not a type of property,
     possession of which is otherwise in violation of law.
    (b) For purposes of paragraph (5) of subsection (a), ways
     in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
        (1) Gave timely notice to an appropriate law
     enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
        (2) In a timely fashion revoked or made a good faith
     attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
    A person is not required by this subsection (b) to take
     steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑130)
    Sec. 124B‑130. Personal property exempt from forfeiture.
    (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements:
        (1) He or she is not legally accountable for the
     conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur.
        (2) He or she had not acquired and did not stand to
     acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms‑length commercial transaction.
        (3) He or she does not hold the property for the
     benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
        (4) He or she acquired the interest without knowledge
     of the seizure of the property for forfeiture and either:
            (A) acquired the interest before the commencement
         of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
            (B) acquired the interest after the commencement
         of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
        (5) With respect to a property interest in existence
     at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
            (A) did not know of the conduct giving rise to
         the forfeiture; or
            (B) upon learning of the conduct giving rise to
         the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
        (6) With respect to conveyances, he or she did not
     hold the property jointly or in common with a person whose conduct gave rise to the forfeiture.
        (7) The property is not a type of property,
     possession of which is otherwise in violation of law.
    (b) For purposes of paragraph (5) of subsection (a), ways
     in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
        (1) Gave timely notice to an appropriate law
     enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
        (2) In a timely fashion revoked or made a good faith
     attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
    A person is not required by this subsection (b) to take
     steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑135)
    Sec. 124B‑135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption is upon the person claiming the exemption.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑140)
    Sec. 124B‑140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B‑125 through 124B‑135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following:
        (1) Severing and releasing the property.
        (2) Transferring the property to the State with a
     provision that the State compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets.
        (3) Permitting the innocent owner to retain the
     property subject to a lien in favor of the State to the extent of the forfeitable interest in the property.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑145)
    Sec. 124B‑145. Property constituting attorney's fees; forfeiture not applicable. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in a forfeiture proceeding under this Article, or in a criminal proceeding relating directly to a forfeiture proceeding under this Article, if (i) the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and (ii) the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑150)
    Sec. 124B‑150. Protective order; probable cause.
    (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take other appropriate action, to preserve the availability of property for forfeiture under this Article. Before entering such an order or taking such action, the court shall first determine the following:
        (1) Whether there is probable cause to believe that
     the person or persons so charged have committed the offense.
        (2) Whether the property is subject to forfeiture
     under this Article.
    (b) In order to make the determinations of probable cause
     required under subsection (a), the court shall conduct a hearing without a jury. In that hearing, the State must establish both of the following:
        (1) There is probable cause that the person or
     persons charged have committed the offense.
        (2) There is probable cause that property may be
     subject to forfeiture under this Article.
    (c) The court may conduct the hearing under subsection
     (b) simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint. The court may conduct the hearing under subsection (b) at any stage in the criminal proceedings upon the State's motion.
    (d) The court may accept a finding of probable cause at a
     preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b).
    (e) Upon making a finding of probable cause as required
     under this Section, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing under this Article.
    (f) The Attorney General or State's Attorney shall file a
     certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any property of the defendant subject to forfeiture is located.
(Source: P.A. 96‑712, eff. 1‑1‑10.)

    (725 ILCS 5/124B‑155)
    Sec. 124B‑155. Rights of certain parties unaffected by protective order; release of property.
    (a) A restraining order or injunction entered, or other action taken, by the court under Section 124B‑150 does not affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lienholder that arose before the date on which a certified copy of the restraining order, injunction, or other prohibition was filed in accordance with subsection (f) of Section 124B‑150.
    (b) At any time, upon verified petition by the defendant or by an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, the court may conduct a hearing to release all or portions of any property that the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or other action. For good cause shown and in the court's sound discretion, the court may release the property to the defendant or inn

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