Sec. 5.1. Replevin prohibited; return of personal property inside seized conveyance.
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/il/chapter-725/act-150/5-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.