Sec. 85. Forfeiture.

724 words·~3 min read·/il/chapter-720/act-646/85

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The following are subject to forfeiture:

(1)(blank);

(2)all methamphetamine manufacturing materials which have been produced,

delivered, or possessed in connection with any substance containing methamphetamine in violation of this Act;

(3)all conveyances, including aircraft, vehicles, or vessels, which are used, or

intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of any substance containing methamphetamine or property described in paragraph

(2)of this subsection

(a)that constitutes a felony violation of the Act, but:

(i)no conveyance used by any person as a common carrier in the transaction

of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the violation;

(ii)no conveyance is subject to forfeiture under this Section by reason of

any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;

(iii)a forfeiture of a conveyance encumbered by a bona fide security

interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;

(4)all money, things of value, books, records, and research products and materials

including formulas, microfilm, tapes, and data which are used, or intended for use in a felony violation of this Act;

(5)everything of value furnished or intended to be furnished by any person in

exchange for a substance in violation of this Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any felony violation of this Act;

(6)all real property, including any right, title, and interest (including, but not

limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of this Act or that is the proceeds of any violation or act that constitutes a violation of this Act.

(b)Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act. In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.

(c)Forfeiture under this Act is subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.

(d)With regard to possession of methamphetamine offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act. For all other offenses under this Act, a sum of currency with a value of less than $100 shall not be subject to forfeiture under this Act. In seizures of currency in excess of these amounts, this Section shall not create an exemption for these amounts.

(e)For felony offenses involving possession of a substance containing methamphetamine only, no property shall be subject to forfeiture under this Act because of the possession of less than 2 single unit doses of a substance. This exemption shall not apply in instances when the possessor, or another person at the direction of the possessor, is engaged in the destruction of any amount of a substance containing methamphetamine. The amount of a single unit dose shall be the State's burden to prove in its case in chief.

(f)(Blank).

(g)(Blank).

(h)Contraband, including methamphetamine or any controlled substance possessed without authorization under State or federal law, is not subject to forfeiture. No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to State law.

(i)The changes made to this Section by Public Act 100-0512 and this amendatory Act of the 100th General Assembly only apply to property seized on and after July 1, 2018.

(j)The changes made to this Section by this amendatory Act of the 100th General Assembly are subject to Section 4 of the Statute on Statutes.