HB3074 Summary

• Allows courts to admit signed statements from persons 65 years or older demonstrating that their conveyance or property was used without their consent in forfeiture proceedings across multiple criminal statutes.

• Permits elderly property owners to file temporary restraining orders against persons who allegedly used their property without consent under Section 11-101 of the Code of Civil Procedure.

• Applies protections to gambling device seizure (Section 28-5), money laundering forfeiture (Section 29B-1), vehicle/conveyance forfeiture (Section 36-2), garbage dumping violations (Section 47-15), and drug asset forfeiture procedures.

• Modifies forfeiture hearing procedures in the Drug Asset Forfeiture Procedure Act, Code of Criminal Procedure, and Narcotics Profit Forfeiture Act to include the same elderly owner protections.

• Establishes consistent evidentiary standards across forfeiture laws allowing senior citizens to defend against property forfeiture based on unauthorized use by others.