5 ILCS 810/ - Seizure and Forfeiture Reporting Act.

(5 ILCS 810/1)

Sec. 1. Short title. This Act may be cited as the Seizure and Forfeiture Reporting Act.

(Source: P.A. 100-512, eff. 7-1-18.)

(5 ILCS 810/5)

Sec. 5. Applicability. This Act is applicable to property seized or forfeited under the following provisions of law:

(1) Section 3.23 of the Illinois Food, Drug and Cosmetic Act;
(2) Section 44.1 of the Environmental Protection Act;
(3) Section 105-55 of the Herptiles-Herps Act;
(4) Section 1-215 of the Fish and Aquatic Life Code;
(5) Section 1.25 of the Wildlife Code;
(6) Section 17-10.6 of the Criminal Code of 2012 (financial institution fraud);
(7) Section 28-5 of the Criminal Code of 2012 (gambling);
(8) Article 29B of the Criminal Code of 2012 (money laundering);
(9) Article 33G of the Criminal Code of 2012 (Illinois Street Gang and Racketeer Influenced And Corrupt Organizations Law);
(10) Article 36 of the Criminal Code of 2012 (seizure and forfeiture of vessels, vehicles, and aircraft);
(11) Section 47-15 of the Criminal Code of 2012 (dumping garbage upon real property);
(12) Article 124B of the Code of Criminal Procedure of 1963 (forfeiture);
(13) the Drug Asset Forfeiture Procedure Act;
(14) the Narcotics Profit Forfeiture Act;
(15) the Illinois Streetgang Terrorism Omnibus Prevention Act; and
(16) the Illinois Securities Law of 1953.

(Source: P.A. 102-558, eff. 8-20-21.)

(5 ILCS 810/10)

Sec. 10. Reporting by law enforcement agency.

(a) Each law enforcement agency that seizes property subject to reporting under this Act shall report the following information about property seized or forfeited under State law:

(1) the name of the law enforcement agency that seized the property;
(2) the date of the seizure;
(3) the type of property seized, including a building, vehicle, boat, cash, negotiable security, or firearm, except reporting is not required for seizures of contraband including alcohol, gambling devices, drug paraphernalia, and controlled substances;
(4) a description of the property seized and the estimated value of the property and if the property is a conveyance, the description shall include the make, model, year, and vehicle identification number or serial number; and
(5) the location where the seizure occurred.

The filing requirement shall be met upon filing Illinois State Police Notice/Inventory of Seized Property (Form 4-64) with the State’s Attorney’s Office in the county where the forfeiture action is being commenced or with the Attorney General’s Office if the forfeiture action is being commenced by that office, and the forwarding of Form 4-64 upon approval of the State’s Attorney’s Office or the Attorney General’s Office to the Illinois State Police Asset Forfeiture Section. With regard to seizures for which Form 4-64 is not required to be filed, the filing requirement shall be met by the filing of an annual summary report with the Illinois State Police no later than 60 days after December 31 of that year.

(b) Each law enforcement agency, including a drug task force or Metropolitan Enforcement Group (MEG) unit, that receives proceeds from forfeitures subject to reporting under this Act shall file an annual report with the Illinois State Police no later than 60 days after December 31 of that year. The format of the report shall be developed by the Illinois State Police and shall be completed by the law enforcement agency. The report shall include, at a minimum, the amount of funds and other property distributed to the law enforcement agency by the Illinois State Police, the amount of funds expended by the law enforcement agency, and the category of expenditure, including:

(1) crime, gang, or abuse prevention or intervention programs;
(2) compensation or services for crime victims;
(3) witness protection, informant fees, and controlled purchases of contraband;
(4) salaries, overtime, and benefits, as permitted by law;
(5) operating expenses, including but not limited to, capital expenditures for vehicles, firearms, equipment, computers, furniture, office supplies, postage, printing, membership fees paid to trade associations, and fees for professional services including auditing, court reporting, expert witnesses, and attorneys;
(6) travel, meals, entertainment, conferences, training, and continuing education seminars; and
(7) other expenditures of forfeiture proceeds.

(c) The Illinois State Police shall establish and maintain on its official website a public database that includes annual aggregate data for each law enforcement agency that reports seizures of property under subsection (a) of this Section, that receives distributions of forfeiture proceeds subject to reporting under this Act, or reports expenditures under subsection (b) of this Section. This aggregate data shall include, for each law enforcement agency:

(1) the total number of asset seizures reported by each law enforcement agency during the calendar year;
(2) the monetary value of all currency or its equivalent seized by the law enforcement agency during the calendar year;
(3) the number of conveyances seized by the law enforcement agency during the calendar year, and the aggregate estimated value;
(4) the aggregate estimated value of all other property seized by the law enforcement agency during the calendar year;
(5) the monetary value of distributions by the Illinois State Police of forfeited currency or auction proceeds from forfeited property to the law enforcement agency during the calendar year; and
(6) the total amount of the law enforcement agency’s expenditures of forfeiture proceeds during the calendar year, categorized as provided under subsection (b) of this Section.

The database shall not provide names, addresses, phone numbers, or other personally identifying information of owners or interest holders, persons, business entities, covert office locations, or business entities involved in the forfeiture action and shall not disclose the vehicle identification number or serial number of any conveyance.

(d) The Illinois State Police shall adopt rules to administer the asset forfeiture program, including the categories of authorized expenditures consistent with the statutory guidelines for each of the included forfeiture statutes, the use of forfeited funds, other expenditure requirements, and the reporting of seizure and forfeiture information. The Illinois State Police may adopt rules necessary to implement this Act through the use of emergency rulemaking under Section 5-45 of the Illinois Administrative Procedure Act for a period not to exceed 180 days after the effective date of this Act.

(e) The Illinois State Police shall have authority and oversight over all law enforcement agencies receiving forfeited funds from the Illinois State Police. This authority shall include enforcement of rules and regulations adopted by the Illinois State Police and sanctions for violations of any rules and regulations, including the withholding of distributions of forfeiture proceeds from the law enforcement agency in violation.

(f) Upon application by a law enforcement agency to the Illinois State Police, the reporting of a particular asset forfeited under this Section may be delayed if the asset in question was seized from a person who has become a confidential informant under the agency’s confidential informant policy, or if the asset was seized as part of an ongoing investigation. This delayed reporting shall be granted by the Illinois State Police for a maximum period of 6 months if the confidential informant is still providing cooperation to law enforcement or the investigation is still ongoing, after which the asset shall be reported as required under this Act.

(g) The Illinois State Police shall, on or before January 1, 2019, establish and implement the requirements of this Act.
In order to implement the reporting and public database requirements under this Act, the Illinois State Police Asset Forfeiture Section requires a one-time upgrade of its information technology software and hardware. This one-time upgrade shall be funded by a temporary allocation of 5% of all forfeited currency and 5% of the auction proceeds from each forfeited asset, which are to be distributed after the effective date of this Act. The Illinois State Police shall transfer these funds at the time of distribution to a separate fund established by the Illinois State Police. Moneys deposited in this fund shall be accounted for and shall be used only to pay for the actual one-time cost of purchasing and installing the hardware and software required to comply with this new reporting and public database requirement. Moneys deposited in the fund shall not be subject to reappropriation, reallocation, or redistribution for any other purpose. After sufficient funds are transferred to the fund to cover the actual one-time cost of purchasing and installing the hardware and software required to comply with this new reporting and public database requirement, no additional funds shall be transferred to the fund for any purpose. At the completion of the one-time upgrade of the information technology hardware and software to comply with this new reporting and public database requirement, any remaining funds in the fund shall be returned to the participating agencies under the distribution requirements of the statutes from which the funds were transferred, and the fund shall no longer exist.

(h)(1) The Illinois State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement this Act.

(2) A contract or contracts under this subsection (h) are not subject to the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. The provisions of this paragraph (2), other than this sentence, are inoperative on and after July 1, 2019.

(Source: P.A. 102-538, eff. 8-20-21.)

(5 ILCS 810/15)

Sec. 15. Fund audits.

(a) The Auditor General shall conduct, as a part of its 2-year compliance audit, an audit of the State Asset Forfeiture Fund for compliance with the requirements of this Act. The audit shall include, but not be limited to, the following determinations:

(1) if detailed records of all receipts and disbursements from the State Asset Forfeiture Fund are being maintained;
(2) if administrative costs charged to the fund are adequately documented and are reasonable; and
(3) if the procedures for making disbursements under the Act are adequate.

(b) The Illinois State Police, and any other entity or person that may have information relevant to the audit, shall cooperate fully and promptly with the Office of the Auditor General in conducting the audit. The Auditor General shall begin the audit during the next regular 2-year compliance audit of the Illinois State Police and distribute the report upon completion under Section 3-14 of the Illinois State Auditing Act.

(Source: P.A. 102-538, eff. 8-20-21.)

(5 ILCS 810/20)

Sec. 20. Applicability. This Act and the changes made to this Act by Public Act 100-699 only apply to property seized on and after July 1, 2018.

(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

(5 ILCS 810/105)

Sec. 105. (Amendatory provisions; text omitted).