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Illinois General Assembly· HB 1628Governor Approved

SEIZURE & FORFEITURE REPORT, the official text

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HB1628 Enrolled                     LRB104 08982 BDA 19038 b

1   AN ACT concerning government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Seizure and Forfeiture Reporting Act is

5 amended by changing Section 10 as follows:

6   (5 ILCS 810/10)

7   Sec. 10. Reporting by law enforcement agency.

8   (a) Each law enforcement agency that seizes property

9 subject to reporting under this Act shall report the following

10 information about property seized or forfeited under State law

11 to the Illinois State Police no later than 60 days after

12 December 31 of the year in which the property is seized:

13  (1) the name of the law enforcement agency that seized

14  the property or the name of the lead agency if a State

15  multijurisdictional task force seizes the property;

16  (2) the date of the seizure;

17  (3) the type of property seized, including a building,

18  vehicle, boat, cash, negotiable security, or firearm,

19  except reporting is not required for seizures of

20  contraband including alcohol, gambling devices, drug

21  paraphernalia, and controlled substances;

22  (4) a description of the property seized and the

23  estimated value of the property and if the property is a
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1   conveyance, the description shall include the make, model,

2   year, and vehicle identification number or serial number;

3   and

4        (5) the county, municipality or township, and zip code

5   location where the seizure occurred;

6        (6) the race, sex, age, and residential zip code of

7   the person from whom the property was seized, as

8   self-reported to law enforcement; and

9        (7) a citation to the statutory authorities under

10  which the property was seized and the accused person was

11  arrested, if any.

12  The filing requirement shall be met upon filing Illinois

13 State Police Notice/Inventory of Seized Property (Form 4-64),

14 as amended, supplemented, or replaced to allow for the

15 reporting of elements required in this Section, with the

16 State's Attorney's Office in the county where the forfeiture

17 action is being commenced or with the Attorney General's

18 Office if the forfeiture action is being commenced by that

19 office, and the forwarding of the forms Form 4-64 upon

20 approval of the State's Attorney's Office or the Attorney

21 General's Office to the Illinois State Police Asset Forfeiture

22 Section. If an agency did not seize property during the

23 reporting period, it shall file a report with the Illinois

24 State Police stating that the agency made no seizures during

25 the reporting period With regard to seizures for which Form

26 4-64 is not required to be filed, the filing requirement shall
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1 be met by the filing of an annual summary report with the

2 Illinois State Police no later than 60 days after December 31

3 of that year.

4   (a-1) Each prosecuting authority that issues a notice of

5 pending forfeiture of property seized under State law shall

6 report the following information to the Illinois State Police

7 no later than 60 days after December 31 of the year in which

8 the notice of pending forfeiture is issued:

9   (1) the police report number associated with each

10  seizure of property;

11  (2) the forfeiture case number associated with the

12  seizure, and the court or venue in which the case was

13  filed, or if no forfeiture case was filed, any unique

14  identification number that the prosecuting authority

15  assigns to the pending forfeiture associated with each

16  police report number reported under paragraph (1) of this

17  subsection (a-1); and

18  (3) the criminal case number, if any, associated with

19  each police report number reported under paragraph (1) of

20  this subsection (a-1), and the court in which the criminal

21  case was filed.

22  If a prosecuting authority did not issue a notice of

23 pending forfeiture during the reporting period, it shall file

24 a report with the Illinois State Police stating that the

25 prosecuting authority issued no notices of pending forfeiture

26 during the reporting period.
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1   (b) Each law enforcement agency, including a drug task

2 force or Metropolitan Enforcement Group (MEG) unit, that

3 receives proceeds from forfeitures subject to reporting under

4 this Act shall file an annual report with the Illinois State

5 Police no later than 60 days after December 31 of that year.

6 The format of the report shall be developed by the Illinois

7 State Police and shall be completed by the law enforcement

8 agency. The report shall include, at a minimum, an aggregate

9 summary of all seizures and forfeitures carried out by the

10 agency and their respective proceeds, the amount of funds and

11 other property distributed to the law enforcement agency by

12 the Illinois State Police, the amount of funds expended by the

13 law enforcement agency, and the category of expenditure,

14 including:

15  (1) crime, gang, or abuse prevention or intervention

16  programs;

17  (2) compensation or services for crime victims;

18  (3) investigation and litigation expenses, including

19  expenses for forensics, witness protection, informant

20  fees, and controlled purchases of contraband, auditing,

21  court reporting, expert witnesses, attorneys, court fees,

22  discovery, court reporters, printing, postage, filing,

23  outside counsel, and awards to opposing parties;

24  (4) salaries, overtime, and benefits, as permitted by

25  law;

26  (5) operating expenses, including, but not limited to,
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1   the following: storage, maintenance, repair, and return of

2   seized property;, capital expenditures, including

3   expenditures for vehicles, firearms, equipment, computers,

4   software, hardware, appliances, canines, and furniture,;

5   advanced surveillance technology, including, but not

6   limited to, international mobile subscriber identity

7   (IMSI) catchers; office supplies, postage, printing,

8   membership fees paid to trade associations;, and fees for

9   professional services, including auditing, court

10  reporting, expert witnesses, and attorneys;

11  (6) travel, meals, entertainment, conferences,

12  training, and continuing education seminars; and

13  (7) other expenditures of forfeiture proceeds.

14  If an agency did not receive proceeds from a forfeiture

15 subject to reporting under this Act during the reporting

16 period, it shall file a report with the Illinois State Police

17 stating that the agency received no forfeiture proceeds during

18 the reporting period.

19  (c) The Illinois State Police shall establish and maintain

20 on its official website a public searchable database that

21 includes annual aggregate data for each law enforcement agency

22 that reports in a machine-readable format each seizure and

23 forfeiture seizures of property under subsections (a) and

24 (a-1) subsection (a) of this Section, by each law enforcement

25 agency that receives distributions of forfeiture proceeds

26 subject to reporting under this Act, or reports expenditures
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1 under subsection (b) of this Section. This aggregate data

2 shall include, for each law enforcement agency:

3   The database shall not provide names, addresses, phone

4 numbers, or other personally identifying information of owners

5 or interest holders, persons, business entities, covert office

6 locations, or business entities involved in the forfeiture

7 action and shall not disclose the vehicle identification

8 number or serial number of any conveyance.

9   (c-5) The Illinois State Police shall post annually on its

10 website aggregate data for each law enforcement agency

11 required to report under this Section. This annual aggregate

12 data shall include the following information for each law

13 enforcement agency or, if applicable, a null report:

14  (1) the total number of asset seizures reported by

15  each law enforcement agency during the calendar year;

16  (2) the monetary value of all currency or its

17  equivalent seized by the law enforcement agency during the

18  calendar year;

19  (3) the number of conveyances seized by the law

20  enforcement agency during the calendar year, and the

21  aggregate estimated value;

22  (4) the aggregate estimated value of all other

23  property seized by the law enforcement agency during the

24  calendar year;

25  (5) the monetary value of distributions by the

26  Illinois State Police of forfeited currency or auction
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1   proceeds from forfeited property to the law enforcement

2   agency during the calendar year; and

3   (6) the total amount of the law enforcement agency's

4   expenditures of forfeiture proceeds during the calendar

5   year, categorized as provided under subsection (b) of this

6   Section.

7   The database shall not provide names, addresses, phone

8 numbers, or other personally identifying information of owners

9 or interest holders, persons, business entities, covert office

10 locations, or business entities involved in the forfeiture

11 action and shall not disclose the vehicle identification

12 number or serial number of any conveyance.

13  (c-10) The Illinois State Police shall, 120 days after the

14 end of each calendar year, submit to the General Assembly,

15 Attorney General, and Governor a written report that

16 summarizes activity in the State for the preceding year and

17 includes aggregate data on the type, approximate value, and

18 disposition of the property seized and the amount of proceeds

19 received and expended at the State and local levels. The

20 report shall provide a categorized aggregated accounting of

21 all proceeds expended, by agency, and summary data on

22 seizures, forfeitures, and expenditures of forfeiture

23 proceeds. The Illinois State Police shall post the aggregate

24 report on its website.

25  (c-15) The Illinois State Police may include in its

26 aggregate report recommendations to improve statutes, rules,
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1 and policies to better ensure that seizures, forfeitures, and

2 expenditures are conducted and reported in a manner that is

3 fair to crime victims, innocent property owners, secured

4 interest holders, law enforcement officials, citizens, and

5 taxpayers.

6   (d) The Illinois State Police shall adopt rules to

7 administer the asset forfeiture program, including the

8 categories of authorized expenditures consistent with the

9 statutory guidelines for each of the included forfeiture

10 statutes, the use of forfeited funds, other expenditure

11 requirements, and the reporting of seizure and forfeiture

12 information. The Illinois State Police shall update or replace

13 forms, establish processes, and assign to the appropriate

14 seizing, forfeiting, and receiving agencies responsibility for

15 reporting the information as set forth in this Section. The

16 Illinois State Police may adopt rules necessary to implement

17 this Act through the use of emergency rulemaking under Section

18 5-45 of the Illinois Administrative Procedure Act for a period

19 not to exceed 180 days after the effective date of this Act.

20  (e) The Illinois State Police shall have authority and

21 oversight over all law enforcement agencies receiving

22 forfeited funds from the Illinois State Police. This authority

23 shall include enforcement of rules and regulations adopted by

24 the Illinois State Police and sanctions for violations of any

25 rules and regulations, including the withholding of

26 distributions of forfeiture proceeds from the law enforcement
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1 agency in violation.

2   (f) Upon application by a law enforcement agency to the

3 Illinois State Police, the reporting of a particular asset

4 forfeited under this Section may be delayed if the asset in

5 question was seized from a person who has become a

6 confidential informant under the agency's confidential

7 informant policy, or if the asset was seized as part of an

8 ongoing investigation. This delayed reporting shall be granted

9 by the Illinois State Police for a maximum period of 6 months

10 if the confidential informant is still providing cooperation

11 to law enforcement or the investigation is still ongoing,

12 after which the asset shall be reported as required under this

13 Act.

14  (g) The Illinois State Police shall, on or before July 1,

15 2026 January 1, 2019, establish and implement the requirements

16 of this Act.

17  (h)(1) The Illinois State Police, in consultation with and

18 subject to the approval of the Chief Procurement Officer, may

19 procure a single contract or multiple contracts to implement

20 this Act.

21  (2) A contract or contracts under this subsection (h) are

22 not subject to the Illinois Procurement Code, except for

23 Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of

24 that Code, provided that the Chief Procurement Officer may, in

25 writing with justification, waive any certification required

26 under Article 50 of the Illinois Procurement Code. The
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1 provisions of this paragraph (2), other than this sentence,
2 are inoperative on and after July 1, 2026 2019.
3 (Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)
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