Loading chat...
IL HB3157
Bill
Status
1/8/2013
Primary Sponsor
Michael Zalewski
Click for details
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