954 sections in this chapter.
720 ILCS 5/29B-12 Non-judicial forfeiture
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(720 ILCS 5/29B-12) Sec. 29B-12. Non-judicial forfeiture. If non-real property that exceeds $20,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of this Article, the State's Attorney shall institute judicial in rem forfeiture …
720 ILCS 5/29B-13 Judicial in rem procedures
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(720 ILCS 5/29B-13) Sec. 29B-13. Judicial in rem procedures. If property seized under this Article is non-real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim under paragraph (3) of Section 29B-12 …
720 ILCS 5/29B-14 Innocent owner hearing
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(720 ILCS 5/29B-14) Sec. 29B-14. Innocent owner hearing. (a) After a complaint for forfeiture has been filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and suppo…
720 ILCS 5/29B-15 Burden and commencement of forfeiture action
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(720 ILCS 5/29B-15) Sec. 29B-15. Burden and commencement of forfeiture action. (a) Notwithstanding any other provision of this Article, the State's burden of proof at the trial of the forfeiture action shall be by clear and convincing evidence if: (1) a finding of not guilty is e…
720 ILCS 5/29B-16 Joint tenancy or tenancy in common
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(720 ILCS 5/29B-16) Sec. 29B-16. Joint tenancy or tenancy in common. If property is ordered forfeited under this Section from a claimant who held title to the property in joint tenancy or tenancy in common with another claimant, the court shall determine the amount of each owner'…
720 ILCS 5/29B-17 Exception for bona fide purchasers
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(720 ILCS 5/29B-17) Sec. 29B-17. Exception for bona fide purchasers. No property shall be forfeited under this Article from a person who, without actual or constructive notice that the property was the subject of forfeiture proceedings, obtained possession of the property as a bo…
720 ILCS 5/29B-18 Proportionality
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(720 ILCS 5/29B-18) Sec. 29B-18. Proportionality. Property that is forfeited shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis and the property forfeiture may be denied in whole or in part if the court finds that the forfei…
720 ILCS 5/29B-19 Stay of time periods
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(720 ILCS 5/29B-19) Sec. 29B-19. Stay of time periods. If property is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the property is no longer necessary for evidence. (Source: P.A. 10…
720 ILCS 5/29B-2 Evidence in money laundering prosecutions
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(720 ILCS 5/29B-2) Sec. 29B-2. Evidence in money laundering prosecutions. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property o…
720 ILCS 5/29B-20 Settlement of claims
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(720 ILCS 5/29B-20) Sec. 29B-20. Settlement of claims. Notwithstanding other provisions of this Article, the State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in such an amount and upon such terms as are set…
720 ILCS 5/29B-21 Attorney's fees
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(720 ILCS 5/29B-21) Sec. 29B-21. Attorney's fees. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating directly th…
720 ILCS 5/29B-22 Construction
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(720 ILCS 5/29B-22) Sec. 29B-22. Construction. (a) It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies under this Article shall be cons…
720 ILCS 5/29B-23 Judicial review
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(720 ILCS 5/29B-23) Sec. 29B-23. Judicial review. If property has been declared forfeited under Section 29B-12 of this Article, any person who has an interest in the property declared forfeited may, within 30 days after the effective date of the notice of the declaration of forfe…
720 ILCS 5/29B-24 Review of administrative decisions
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(720 ILCS 5/29B-24) Sec. 29B-24. Review of administrative decisions. All administrative findings, rulings, final determinations, findings, and conclusions of the State's Attorney's Office under this Article are final and conclusive decisions of the matters involved. Any person ag…
720 ILCS 5/29B-25 Return of property, damages, and costs
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(720 ILCS 5/29B-25) Sec. 29B-25. Return of property, damages, and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasonable time not to exce…
720 ILCS 5/29B-26 Distribution of proceeds
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(720 ILCS 5/29B-26) Sec. 29B-26. Distribution of proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Article shall be distributed as follows: (1) 65% shall be distributed to the metropolitan enforcement group, local, municipal, county,…
720 ILCS 5/29B-27 Applicability; savings clause
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(720 ILCS 5/29B-27) Sec. 29B-27. Applicability; savings clause. (a) The changes made to this Article by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Article by Public Act 100-699 are subject to Sec…
720 ILCS 5/29B-3 Duty to enforce this Article
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(720 ILCS 5/29B-3) Sec. 29B-3. Duty to enforce this Article. (a) It is the duty of the Illinois State Police, and its agents, officers, and investigators, to enforce this Article, except those provisions otherwise specifically delegated, and to cooperate with all agencies charged…
720 ILCS 5/29B-4 Protective orders and warrants for forfeiture purposes
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(720 ILCS 5/29B-4) Sec. 29B-4. Protective orders and warrants for forfeiture purposes. (a) Upon application of the State, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the avai…
720 ILCS 5/29B-5 Property subject to forfeiture
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(720 ILCS 5/29B-5) Sec. 29B-5. Property subject to forfeiture. The following are subject to forfeiture: (1) any property, real or personal, constituting, derived from, or traceable to any proceeds the person obtained, directly or indirectly, as a result of a violation of this Art…
720 ILCS 5/29B-6 Seizure
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(720 ILCS 5/29B-6) Sec. 29B-6. Seizure. (a) Property subject to forfeiture under this Article may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer…
720 ILCS 5/29B-7 Safekeeping of seized property pending disposition
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(720 ILCS 5/29B-7) Sec. 29B-7. Safekeeping of seized property pending disposition. (a) If property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the invento…
720 ILCS 5/29B-8 Notice to State's Attorney
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(720 ILCS 5/29B-8) Sec. 29B-8. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, within 60 days after seizure, notify the State's Attorney for the county, either where an act or omission giving rise to the forfeiture …
720 ILCS 5/29B-9 Preliminary review
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(720 ILCS 5/29B-9) Sec. 29B-9. Preliminary review. (a) Within 28 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not …
720 ILCS 5/29D-10 Definitions
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(720 ILCS 5/29D-10) Sec. 29D-10. Definitions. As used in this Article, where not otherwise distinctly expressed or manifestly incompatible with the intent of this Article: (a) "Computer network" means a set of related, remotely connected devices and any communications facilities …
720 ILCS 5/29D-14.9 Terrorism
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(720 ILCS 5/29D-14.9) (was 720 ILCS 5/29D-30) Sec. 29D-14.9. Terrorism. (a) A person commits the offense of terrorism when, with the intent to intimidate or coerce a significant portion of a civilian population: (1) he or she knowingly commits a terrorist act as defined in Sectio…
720 ILCS 5/29D-15.1 Causing a catastrophe
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(720 ILCS 5/29D-15.1) (was 720 ILCS 5/20.5-5) Sec. 29D-15.1. Causing a catastrophe. (a) A person commits the offense of causing a catastrophe if he or she knowingly causes a catastrophe by explosion, fire, flood, collapse of a building, or release of poison, radioactive material,…
720 ILCS 5/29D-15.2 Possession of a deadly substance
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(720 ILCS 5/29D-15.2) (was 720 ILCS 5/20.5-6) Sec. 29D-15.2. Possession of a deadly substance. (a) A person commits the offense of possession of a deadly substance when he or she possesses, manufactures, or transports any poisonous gas, deadly biological or chemical contaminant o…
720 ILCS 5/29D-20 Making a terrorist threat
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(720 ILCS 5/29D-20) Sec. 29D-20. Making a terrorist threat. (a) A person is guilty of making a terrorist threat when, with the intent to intimidate or coerce a significant portion of a civilian population, he or she in any manner knowingly threatens to commit or threatens to caus…
720 ILCS 5/29D-25 Falsely making a terrorist threat
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(720 ILCS 5/29D-25) Sec. 29D-25. Falsely making a terrorist threat. (a) A person commits the offense of falsely making a terrorist threat when in any manner he or she knowingly makes a threat to commit or cause to be committed a terrorist act as defined in Section 29D-10(1) or ot…
720 ILCS 5/29D-29.9 Material support for terrorism
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(720 ILCS 5/29D-29.9) (was 720 ILCS 5/29D-15) Sec. 29D-29.9. Material support for terrorism. (a) A person commits the offense of soliciting or providing material support for terrorism if he or she knowingly raises, solicits, collects, or provides material support or resources kno…
720 ILCS 5/29D-35 Hindering prosecution of terrorism
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(720 ILCS 5/29D-35) Sec. 29D-35. Hindering prosecution of terrorism. (a) A person commits the offense of hindering prosecution of terrorism when he or she renders criminal assistance to a person who has committed terrorism as defined in Section 29D-14.9 or caused a catastrophe as…
720 ILCS 5/29D-35.1 Boarding or attempting to board an aircraft with weapon
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(720 ILCS 5/29D-35.1) Sec. 29D-35.1. Boarding or attempting to board an aircraft with weapon. (a) It is unlawful for any person to board or attempt to board any commercial or charter aircraft, knowingly having in his or her possession any firearm, explosive of any type, or other …
720 ILCS 5/29D-40 Restitution
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(720 ILCS 5/29D-40) Sec. 29D-40. Restitution. In addition to any other penalty that may be imposed, a court shall sentence any person convicted of any violation of this Article to pay all expenses incurred by the federal government, State government, or any unit of local governme…
720 ILCS 5/29D-45 Limitations
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(720 ILCS 5/29D-45) Sec. 29D-45. Limitations. A prosecution for any offense in this Article may be commenced at any time. (Source: P.A. 92-854, eff. 12-5-02.)
720 ILCS 5/29D-5 Legislative findings
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(720 ILCS 5/29D-5) Sec. 29D-5. Legislative findings. The devastating consequences of the barbaric attacks on the World Trade Center and the Pentagon on September 11, 2001 underscore the compelling need for legislation that is specifically designed to combat the evils of terrorism…
720 ILCS 5/29D-60 Injunctive relief
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(720 ILCS 5/29D-60) Sec. 29D-60. Injunctive relief. Whenever it appears to the Attorney General or any State's Attorney that any person is engaged in, or is about to engage in, any act that constitutes or would constitute a violation of this Article, the Attorney General or any S…
720 ILCS 5/29D-65 Forfeiture of property acquired in connection with a violation of this Article; property freeze or seizure
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(720 ILCS 5/29D-65) Sec. 29D-65. Forfeiture of property acquired in connection with a violation of this Article; property freeze or seizure. (a) If there is probable cause to believe that a person used, is using, is about to use, or is intending to use property in a way that woul…
720 ILCS 5/29D-70 Severability
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(720 ILCS 5/29D-70) Sec. 29D-70. Severability. If any clause, sentence, Section, provision, or part of this Article or the application thereof to any person or circumstance shall be adjudged to be unconstitutional, the remainder of this Article or its application to persons or ci…
720 ILCS 5/30-1 Treason
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(720 ILCS 5/30-1) (from Ch. 38, par. 30-1) Sec. 30-1. Treason. (a) A person owing allegiance to this State commits treason when he or she knowingly: (1) levies war against this State; or (2) adheres to the enemies of this State, giving them aid or comfort. (b) No person may be co…
720 ILCS 5/30-2 Misprision of treason
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(720 ILCS 5/30-2) (from Ch. 38, par. 30-2) Sec. 30-2. Misprision of treason. (a) A person owing allegiance to this State commits misprision of treason when he or she knowingly conceals or withholds his or her knowledge that another has committed treason against this State. (b) Se…
720 ILCS 5/30-3 Advocating overthrow of Government
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(720 ILCS 5/30-3) (from Ch. 38, par. 30-3) Sec. 30-3. Advocating overthrow of Government. A person who advocates, or with knowledge of its contents knowingly publishes, sells or distributes any document which advocates or with knowledge of its purpose, knowingly becomes a member …
720 ILCS 5/31-1 Sec. 31-1
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(720 ILCS 5/31-1) (from Ch. 38, par. 31-1) Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional institution employee. (a) A person who knowingly: (1) resists arrest, or (2) obstructs the performance by one known to the person to be a peace officer, fi…
720 ILCS 5/31-1a Sec. 31-1a
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(720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a) Sec. 31-1a. Disarming a peace officer or correctional institution employee. (a) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31-1, takes a weapon from…
720 ILCS 5/31-3 Obstructing service of process
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(720 ILCS 5/31-3) (from Ch. 38, par. 31-3) Sec. 31-3. Obstructing service of process. Whoever knowingly resists or obstructs the authorized service or execution of any civil or criminal process or order of any court commits a Class B misdemeanor. (Source: P.A. 77-2638.)…
720 ILCS 5/31-4 Obstructing justice
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(720 ILCS 5/31-4) (from Ch. 38, par. 31-4) Sec. 31-4. Obstructing justice. (a) A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly commits any of the following acts: (1) Destroys, alter…
720 ILCS 5/31-4.5 Obstructing identification
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(720 ILCS 5/31-4.5) Sec. 31-4.5. Obstructing identification. (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully…
720 ILCS 5/31-5 Concealing or aiding a fugitive
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(720 ILCS 5/31-5) (from Ch. 38, par. 31-5) Sec. 31-5. Concealing or aiding a fugitive. (a) Every person not standing in the relation of husband, wife, parent, child, brother or sister to the offender, who, with intent to prevent the apprehension of the offender, conceals his know…
720 ILCS 5/31-6 Sec. 31-6
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(720 ILCS 5/31-6) (from Ch. 38, par. 31-6) Sec. 31-6. Escape; failure to report to a penal institution or to report for periodic imprisonment. (a) A person convicted of a felony or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which…
720 ILCS 5/31-7 Aiding escape
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(720 ILCS 5/31-7) (from Ch. 38, par. 31-7) Sec. 31-7. Aiding escape. (a) Whoever, with intent to aid any prisoner in escaping from any penal institution, conveys into the institution or transfers to the prisoner anything for use in escaping commits a Class A misdemeanor. (b) Whoe…