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IL HB3157

Bill

Status

Failed

1/8/2013

Primary Sponsor

Michael Zalewski

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • Adds Section 36-1.5 to the Criminal Code requiring the State to seek a preliminary determination of probable cause within 14 days of property seizure to establish that property may be subject to forfeiture.

  • Rules of evidence do not apply to preliminary review proceedings, and the court may conduct the review simultaneously with related criminal proceedings.

  • Allows courts to accept a finding of probable cause from a preliminary hearing, information/complaint filing, or grand jury indictment as sufficient evidence for forfeiture purposes.

  • Upon finding probable cause, courts must enter restraining orders or injunctions to prevent seized property from being removed, concealed, destroyed, or disposed of before a forfeiture hearing.

  • Amends the Drug Asset Forfeiture Procedure Act to add identical preliminary review requirements and increases the threshold for non-judicial forfeiture from $20,000 to $150,000 in property value.

Legislative Description

FORFEITURE-PRELIMINARY-FINDING

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Rules4/15/2011
Judiciary I - Civil Law2/28/2011
Rules2/24/2011

Full Bill Text

No bill text available