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IL HB5523
Bill
Status
8/22/2014
Primary Sponsor
Carol Sente
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AI Summary
HB5523 Summary
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Amends vehicle and asset seizure laws by reorganizing the list of offenses triggering forfeiture and clarifying procedures for law enforcement seizure, with emphasis on violent crimes, sexual offenses, weapons violations, and DUI-related offenses.
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Transfers notice of seizure responsibilities from the sheriff to the State's Attorney and establishes a preliminary review process requiring probable cause determination within 14 days before forfeiture proceedings can begin.
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Allows temporary release of seized vehicles to registered owners during forfeiture proceedings if they demonstrate substantial hardship, with requirements for cash security, insurance, valid license, and court-imposed use restrictions.
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Modifies remission authority to allow the State's Attorney to exercise discretion on forfeiture prior to or promptly after preliminary review, and permits forfeiture proceeds to be paid to the law enforcement agency that seized the vehicle rather than the county general fund.
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Clarifies liability protections for law enforcement agencies and officers regarding damage to vehicles stored with commercial vehicle relocators during forfeiture proceedings.
Legislative Description
CRIM CD-SEIZURE-VEHICLES
Last Action
Public Act . . . . . . . . . 98-1020
8/22/2014