Illinois Compiled Statutes
Chapter 725 - CRIMINAL PROCEDURE
725 ILCS 150/ - Drug Asset Forfeiture Procedure Act.

(725 ILCS 150/1) (from Ch. 56 1/2, par. 1671)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the
Drug Asset Forfeiture Procedure Act.

(Source: P.A. 86-1382.)

(725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)
Sec. 2. Legislative Declaration. The General Assembly finds that the
civil forfeiture of property which is used or intended to be used in, is
attributable to or facilitates the manufacture, sale, transportation,
distribution, possession or use of substances in certain violations of the
Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act
will have a significant beneficial effect in deterring the rising
incidence of the abuse and trafficking of such substances within this
State. While forfeiture may secure for State and local units of government
some resources for deterring drug abuse and drug trafficking, forfeiture is
not intended to be an alternative means of funding the administration of
criminal justice. The General Assembly further finds that the federal
narcotics civil forfeiture statute upon which this Act is based has been
very successful in deterring the use and distribution of controlled
substances within this State and throughout the country. It is therefore
the intent of the General Assembly that the forfeiture provisions of this
Act be construed in light of the federal forfeiture provisions contained in
21 U.S.C. 881 as interpreted by the federal courts, except to the extent
that the provisions of this Act expressly differ therefrom.

(Source: P.A. 94-556, eff. 9-11-05.)

(725 ILCS 150/3) (from Ch. 56 1/2, par. 1673)
Sec. 3. Applicability. The provisions of this Act are applicable to
all property forfeitable under the Illinois Controlled Substances Act, the
Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act.

(Source: P.A. 96-573, eff. 8-18-09.)

(725 ILCS 150/3.1)
Sec. 3.1. Seizure.
(a) 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.
(b) Personal property subject to forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act may be seized by the Director of the Illinois State Police or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property.
(c) Personal property subject to forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act may be seized by the Director of the Illinois State Police or any peace officer without process:
(d) If a conveyance is seized under this Act, an investigation shall be made by the law enforcement agency as to any person whose right, title, interest, or lien is of record in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded.
(e) After seizure under this Section, notice shall be given to all known interest holders that forfeiture proceedings, including a preliminary review, may be instituted and the proceedings may be instituted under this Act. Upon a showing of good cause related to an ongoing investigation, the notice required for a preliminary review under this Section may be postponed.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 150/3.2)
Sec. 3.2. Receipt for seized property. If a law enforcement officer seizes property that is subject to forfeiture, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be given, shall leave the receipt in the place where the property was found, if possible.

(Source: P.A. 100-512, eff. 7-1-18.)

(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 the Illinois 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 the Illinois State Police. Upon receiving notice of seizure, the Director of the Illinois State Police may:
(c) The seizing agency is required to exercise ordinary care to protect the seized property from negligent loss, damage, or destruction.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 150/3.5)
Sec. 3.5. Preliminary review.
(a) Within 14 days of the seizure, the State 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 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 after 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:
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 obtaining food, 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 any 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:
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.)

(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:
(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 150/5) (from Ch. 56 1/2, par. 1675)
Sec. 5. Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under the Illinois Controlled
Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or the Illinois Food, Drug, and Cosmetic Act 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 of the seizure of the property 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. Said notice shall be by the delivery of Form 4-64.

(Source: P.A. 102-499, eff. 1-1-22.)

(725 ILCS 150/5.1)
Sec. 5.1. Replevin prohibited; return of personal property inside seized conveyance.
(a) Property seized under this Act shall not be subject to replevin, but is deemed to be in the custody of the Director of the Illinois 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.
(b) A claimant or a party interested in personal property contained within a seized conveyance may file a request with the State's Attorney in an administrative forfeiture action, or a motion with the court in a judicial forfeiture action, for the return of any personal property contained within a conveyance seized under this Act. The return of personal property shall not be unreasonably withheld if the personal property is not mechanically or electrically coupled to the conveyance, needed for evidentiary purposes, or otherwise contraband. A law enforcement agency that returns property under a court order under this Section shall not be liable to any person who claims ownership to the property if the property is returned to an improper party.

(Source: P.A. 102-538, eff. 8-20-21.)

(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:

(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:
(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 150/7) (from Ch. 56 1/2, par. 1677)
Sec. 7. Presumptions and inferences.
(1) The following situation shall give rise to a
presumption that the property described therein was furnished or intended
to be furnished in exchange for a substance in violation of the Illinois
Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or is the proceeds
of such an exchange, and therefore forfeitable under this Act, such
presumptions being rebuttable by a preponderance of the evidence:
All moneys, coin, or currency found in close proximity to
any substances manufactured, distributed, dispensed, or possessed in violation of the Illinois
Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, to forfeitable drug manufacturing or distributing
paraphernalia, or to forfeitable records of the importation, manufacture or
distribution of substances.
(2) In the following situation, the trier of fact may infer that the property described therein was furnished or intended to be furnished in exchange for a substance in violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or is the proceeds of such an exchange, and therefore forfeitable under this Act:
All property acquired or caused to be acquired by a person either
between the dates of occurrence of two or more acts in felony violation of
the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act,
or an act committed in another state, territory or
country which would be punishable as a felony under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, committed by that
person within 5 years of each other, or all property acquired by such
person within a reasonable amount of time after the commission of such acts if:
(3) Presumptions and permissive inferences set forth in this Section shall apply to all portions of all phases of all forfeiture proceedings under this Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(725 ILCS 150/8) (from Ch. 56 1/2, par. 1678)
Sec. 8. Exemptions from forfeiture.
(a) No vessel or watercraft, vehicle, or aircraft used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under this Act unless the State proves by a preponderance of the evidence that:
(b) No vessel or watercraft, vehicle, or aircraft shall be forfeited under this Act by reason of any act or omission committed or omitted by any person other than such owner while a vessel or watercraft, vehicle, or aircraft was unlawfully in the possession of a person who acquired possession in violation of the criminal laws of the United States or of any state.
(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:
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

(725 ILCS 150/9.1)
Sec. 9.1. Innocent owner hearing.
(a) After a complaint for forfeiture is 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:
The claimant's motion shall include specific facts supporting these assertions.
(b) Upon this filing, a hearing may only be held 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.
(c) 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 property is subject to forfeiture shall not be at issue. The court shall only hear evidence relating to the issue of innocent ownership.
(d) At the hearing on the motion, the claimant shall bear the burden of proving by a preponderance of the evidence each of the assertions set forth in subsection (a) of this Section. If a claimant meets the burden of proof, the court shall grant the motion and order the property returned to the claimant. If the claimant fails to meet the 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. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(725 ILCS 150/9.5)
Sec. 9.5. Proportionality. Property forfeited under this Act shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Amendment to the United States Constitution, as interpreted by case law.

(Source: P.A. 100-512, eff. 7-1-18.)

(725 ILCS 150/10) (from Ch. 56 1/2, par. 1680)
Sec. 10.
Stay of time periods.
If property is seized for evidence
and for forfeiture, the time periods for instituting judicial and
non-judicial forfeiture proceedings shall not begin until the property is
no longer necessary for evidence.

(Source: P.A. 86-1382.)

(725 ILCS 150/11) (from Ch. 56 1/2, par. 1681)
Sec. 11. Settlement of claims. Notwithstanding other provisions of
this Act, the State's Attorney and a claimant of seized property may enter
into an agreed-upon settlement concerning the seized property in such an
amount and upon such terms as are set out in writing in a settlement agreement. All proceeds from a settlement agreement shall be tendered to the Illinois State Police and distributed in accordance with the provisions of Section 13.2 of this Act.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 150/12) (from Ch. 56 1/2, par. 1682)
Sec. 12.

Nothing in this Act shall apply to property
which 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 where such property was paid before its seizure, before
the issuance of any seizure warrant or court order prohibiting
transfer of the property and where the attorney, at the time he
or she received the property did not know that it was property
subject to forfeiture under this Act.

(Source: P.A. 86-1382.)

(725 ILCS 150/13) (from Ch. 56 1/2, par. 1683)
Sec. 13.
Construction.
It shall be the intent of the General
Assembly that the forfeiture provisions of this Act be liberally construed
so as to effect their remedial purpose. The forfeiture of property and
other remedies hereunder shall be considered to be in addition, and not
exclusive of any sentence or other remedy provided by law.

(Source: P.A. 86-1382.)

(725 ILCS 150/13.1) (was 725 ILCS 150/15)
Sec. 13.1. Return of property, damages, and costs.
(a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasonable time not to exceed 7 days, unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason.
(b) The law enforcement agency that holds custody of property described in subsection (a) of this Section is responsible for any damages, storage fees, and related costs applicable to property returned. The claimant shall not be subject to any charges by the State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This Section does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance pursuant to an ordinance enacted by the unit of government.
(c) A law enforcement agency shall not retain forfeited property for its own use or transfer the property to any person or entity, except as provided under this Section. A law enforcement agency may apply in writing to the Director of the Illinois State Police to request that forfeited property be awarded to the agency for a specifically articulated official law enforcement use in an investigation. The Director of the Illinois State Police shall provide a written justification in each instance detailing the reasons why the forfeited property was placed into official use and the justification shall be retained for a period of not less than 3 years.

(Source: P.A. 102-538, eff. 8-20-21.)

(725 ILCS 150/13.2) (was 725 ILCS 150/17)
Sec. 13.2. Distribution of proceeds; selling or retaining seized property prohibited.
(a) Except as otherwise provided in this Section, the court shall order that property forfeited under this Act be delivered to the Illinois State Police within 60 days.
(b) All moneys and the sale proceeds of all other property forfeited and seized under this Act shall be distributed as follows:
(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)

(725 ILCS 150/13.3) (was 725 ILCS 150/20)
Sec. 13.3. Reporting. Property seized or forfeited under this Act 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.)

(725 ILCS 150/13.4)
Sec. 13.4. Applicability; savings clause.
(a) The changes made to this Act by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018.
(b) The changes made to this Act by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.

(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

(725 ILCS 150/14) (from Ch. 56 1/2, par. 1684)
Sec. 14. Judicial review. If property has been declared forfeited under
Section 6 of this Act, any person who has an interest in the property
declared forfeited may, within 30 days of the effective date of the notice
of the declaration of forfeiture, file a claim as described
in subsection (C) of Section 6 of this Act. If a claim is
filed under this Section, then the procedures described in Section 9 of
this Act shall apply.

(Source: P.A. 100-512, eff. 7-1-18.)

(725 ILCS 150/15) (now 725 ILCS 150/13.1)
Sec. 15. (Renumbered).

(Source: Renumbered by P.A. 100-699, eff. 8-3-18.)

(725 ILCS 150/17)
Sec. 17. (Renumbered).

(Source: Renumbered by P.A. 100-699, eff. 8-3-18.)

(725 ILCS 150/20) (now 725 ILCS 150/13.3)
Sec. 20. Reporting.

(Source: Renumbered by P.A. 100-699, eff. 8-3-18.)