Sec. 124B-130. Personal property exempt from forfeiture.

564 words·~3 min read·/il/chapter-725/act-5/124b-130

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

(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.