Sec. 40. Forfeiture.

396 words·~2 min read·/il/chapter-740/act-147/40

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

(a)The following are subject to seizure and forfeiture:

(1)any property that is directly or indirectly used or intended for use in any manner

to facilitate streetgang related activity; and

(2)any property constituting or derived from gross profits or other proceeds obtained

from streetgang related activity.

(b)Property subject to forfeiture under this Section may be seized under the procedures set forth in Section 36-2.1 of the Criminal Code of 2012, except that 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.

(c)The State's Attorney may initiate forfeiture proceedings under the procedures in Article 36 of the Criminal Code of 2012. The State shall bear the burden of proving by a preponderance of the evidence that the property was acquired through a pattern of streetgang related activity.

(d)Property forfeited under this Section shall be disposed of in accordance with Section 36-7 of Article 36 of the Criminal Code of 2012 for the forfeiture of vehicles, vessels, and aircraft.

(e)Within 60 days of the date of the seizure of contraband under this Section, the State's Attorney shall initiate forfeiture proceedings as provided in Article 36 of the Criminal Code of 2012. An owner or person who has a lien on the property may establish as a defense to the forfeiture of property that is subject to forfeiture under this Section that the owner or lienholder had no knowledge that the property was acquired through a pattern of streetgang related activity. Property that is forfeited under this Section shall be disposed of as provided in Article 36 of the Criminal Code of 2012 for the forfeiture of vehicles, vessels, and aircraft. The proceeds of the disposition shall be paid to the Gang Violence Victims and Witnesses Fund to be used to assist in the prosecution of gang crimes.

(f)Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(g)The changes made to this Section by Public Act 100-512 only apply to property seized on and after July 1, 2018.