SB3778 Summary

• Increases the timeframe for the State to seek preliminary court determination of probable cause for property forfeiture from 14 days to 21 days after seizure under both the Criminal Code and Drug Asset Forfeiture Procedure Act.

• Clarifies that court findings in a preliminary forfeiture review do not constitute collateral estoppel if the review is not conducted simultaneously with related criminal proceedings.

• Removes the requirement that courts must issue restraining orders or injunctions to prevent property disposal following a probable cause finding in forfeiture cases.

• Increases the property value threshold triggering judicial in rem forfeiture procedures from $20,000 to $150,000 (excluding conveyance value) for non-real property under the Drug Asset Forfeiture Procedure Act.

• Requires law enforcement to notify the State's Attorney using the Illinois State Police approved form 4-64 to perfect notification for forfeiture proceedings under Sections 6 and 9 of the Drug Asset Forfeiture Act.