Sec. 124B-810. Forfeiture hearing following property freeze or seizure.

351 words·~2 min read·/il/chapter-725/act-5/124b-810

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

(a)If a person having any property interest in property frozen or seized under Section 124B-805 is charged with an offense within 60 days after the property is frozen or seized, the court that renders judgment on the charge shall conduct a forfeiture hearing within 30 days after the judgment to determine whether the property

(i)was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense or

(ii)was integrally related to any offense as defined in this Article or intended offense as defined in this Article.

(b)The State shall commence a forfeiture proceeding under subsection

(a)by filing a written petition with the court. The petition must be verified and must include the following:

(1)Material allegations of fact.

(2)The name and address of every person determined by the State to have any property

interest in the frozen or seized property.

(3)A representation that written notice of the date, time, and place of the forfeiture

hearing has been mailed to every person described in paragraph

(2)by certified mail at least 10 days before the date.

(4)A request for forfeiture.

(c)Every person described in paragraph

(2)of subsection

(b)may appear as a party and present evidence at the hearing. The quantum of proof required is a preponderance of the evidence, and the burden of proof is on the State.

(d)If the court determines that the frozen or seized property was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense, or was integrally related to any offense as defined in this Article or intended offense as defined in this Article, the court shall enter an order of forfeiture and disposition of the frozen or seized property. All property forfeited may be liquidated, and the resultant money, together with any other money forfeited, shall be distributed as set forth in this Article.