Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 5/124A-15) Sec. 124A-15. Reversal of conviction; refund of fines, fees, and costs. (a) A defendant convicted in a criminal prosecution whose conviction is reversed by a finding of factual innocence in a collateral proceeding such as habeas corpus or post-conviction reli…

(725 ILCS 5/124A-20) Sec. 124A-20. Assessment waiver. (a) As used in this Section: "Assessments" means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act, but does not include violation of the Illinois Vehicle Code assessments ex…

(725 ILCS 5/124A-5) Sec. 124A-5. Judgment for costs of prosecution. (a) Except as otherwise provided in subsection (b), when a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the offender pay the costs of the prosecution. T…

(725 ILCS 5/124B-10) (Text of Section from P.A. 103-1071) Sec. 124B-10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following: (1) A violation of Section 10-9 or 10A-10 of the Criminal Code of 1961 or the Criminal Code of 2012 (i…

(725 ILCS 5/124B-100) (Text of Section from P.A. 103-1071) Sec. 124B-100. Definition; "offense". For purposes of this Article, "offense" is defined as follows: (1) In the case of forfeiture authorized under Section 10A-15 of the Criminal Code of 1961 or Section 10-9 of the Crimin…

(725 ILCS 5/124B-1000) Sec. 124B-1000. Persons and property subject to forfeiture. (a) A person who commits the offense of unlawful transfer of a telecommunications device to a minor in violation of Section 12C-65 or Article 44 of the Criminal Code of 2012 or the Criminal Code of…

(725 ILCS 5/124B-1010) Sec. 124B-1010. Seizure. A telecommunications device subject to forfeiture may be seized and delivered forthwith to the investigating law enforcement agency. Such telecommunications device shall not be seized unless it was used in the commission of an offen…

(725 ILCS 5/124B-1020) Sec. 124B-1020. Exception to forfeiture. No telecommunications device shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the device was unlawfully i…

(725 ILCS 5/124B-1030) Sec. 124B-1030. (Repealed). (Source: P.A. 97-1109, eff. 1-1-13. Repealed by P.A. 100-512, eff. 7-1-18.)

(725 ILCS 5/124B-1040) Sec. 124B-1040. Distribution of property from sale of proceeds. The proceeds of any sale of property, after payment of all liens and deduction of the reasonable charges and expenses incurred by the investigating law enforcement agency in storing and selling…

(725 ILCS 5/124B-1045) Sec. 124B-1045. Definition. "Telecommunications device" means a device which is portable or which may be installed in a motor vehicle, boat, or other means of transportation, and which is capable of receiving or transmitting speech, data, signals, or other …

(725 ILCS 5/124B-105) Sec. 124B-105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-1050) Sec. 124B-1050. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 1000. (Source: P.A. 97-1109, eff. 1-1-13.)

(725 ILCS 5/124B-110) Sec. 124B-110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership int…

(725 ILCS 5/124B-115) Sec. 124B-115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-120) Sec. 124B-120. Definition; "property". In this Article, "property" means: (1) Real property, including, without limitation, land, fixtures or improvements on land, and anything growing on or found in land. (2) Tangible or intangible personal property, includ…

(725 ILCS 5/124B-125) Sec. 124B-125. Real property exempt from forfeiture. (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requiremen…

(725 ILCS 5/124B-130) Sec. 124B-130. Personal property exempt from forfeiture. (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following re…

(725 ILCS 5/124B-135) Sec. 124B-135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption i…

(725 ILCS 5/124B-140) Sec. 124B-140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B-125 through 124B-135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenanc…

(725 ILCS 5/124B-145) Sec. 124B-145. Property constituting attorney's fees; forfeiture not applicable. 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 a forfeiture pro…

(725 ILCS 5/124B-15) Sec. 124B-15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-150) Sec. 124B-150. Protective order; probable cause. (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take ot…

(725 ILCS 5/124B-155) Sec. 124B-155. Rights of certain parties unaffected by protective order; release of property. (a) A restraining order or injunction entered, or other action taken, by the court under Section 124B-150 does not affect the rights of any bona fide purchaser, mor…

(725 ILCS 5/124B-160) Sec. 124B-160. Petition for forfeiture; forfeiture hearing; burden of proof. (a) The Attorney General or State's Attorney may file a petition for forfeiture of property in connection with an offense as defined in this Article, and, within a reasonable time a…

(725 ILCS 5/124B-165) Sec. 124B-165. Order of forfeiture; sale of forfeited property; publication of notice; challenge to forfeiture. (a) Upon the court's determination that property is subject to forfeiture, the court shall enter an order of forfeiture with respect to the proper…

(725 ILCS 5/124B-170) Sec. 124B-170. Judicial review. (a) Within 30 days after publication of the notice under Section 124B-165, any person claiming an interest in the property declared forfeited may file a verified claim with the court expressing his or her interest in the prope…

(725 ILCS 5/124B-175) Sec. 124B-175. Distribution of forfeited moneys and proceeds from sale of forfeited property. All moneys forfeited under this Article, together with the proceeds from the sale of all property forfeited under this Article, shall be distributed as set forth in…

(725 ILCS 5/124B-180) Sec. 124B-180. Segregation of moneys from sale proceeds for certain purposes. Before any distribution under Section 124B-175 or as otherwise prescribed by law, the court may order the Attorney General or State's Attorney to segregate moneys from the proceeds…

(725 ILCS 5/124B-190) Sec. 124B-190. Construction. It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their purpose. The forfeiture of property and other remedies under this Article shall be considered to…

(725 ILCS 5/124B-195) Sec. 124B-195. Reporting. Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-512, eff. 7-1-18.)

(725 ILCS 5/124B-300) Sec. 124B-300. Persons and property subject to forfeiture. A person who commits the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons under Section 10A-10 or Section 10-9 of the Criminal Code of 1961 or the Crimina…

(725 ILCS 5/124B-305) Sec. 124B-305. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 300 shall be distributed as follows: (1) 45% shall be divided equally between all State agencies and units …

(725 ILCS 5/124B-310) Sec. 124B-310. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 300. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-400) Sec. 124B-400. Legislative declaration. Obscenity is a far-reaching and extremely profitable crime. This crime persists despite the threat of prosecution and successful prosecution because existing sanctions do not effectively reach the money and other asset…

(725 ILCS 5/124B-405) Sec. 124B-405. Persons and property subject to forfeiture. A person who has been convicted previously of the offense of obscenity under Section 11-20 of the Criminal Code of 1961 or the Criminal Code of 2012 and who is convicted of a second or subsequent off…

(725 ILCS 5/124B-410) Sec. 124B-410. No prior restraint. Nothing in this Part 400 shall be construed as authorizing the prior restraint of any showing, performance, or exhibition of allegedly obscene films, plays, or other presentations or of any sale or distribution of allegedly…

(725 ILCS 5/124B-415) Sec. 124B-415. Order to destroy property. If the Attorney General or State's Attorney believes any property forfeited and seized under this Part 400 describes, depicts, or portrays any of the acts or activities described in subsection (b) of Section 11-20 of…

(725 ILCS 5/124B-420) Sec. 124B-420. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 400 shall be distributed as follows: (1) 50% shall be distributed to the unit of local government whose…

(725 ILCS 5/124B-425) Sec. 124B-425. Forfeiture provisions not applicable to libraries. This Part 400 does not apply to any property of a public library or any property of a library operated by an institution accredited by a generally recognized accrediting agency. (Source: P.A. …

(725 ILCS 5/124B-430) Sec. 124B-430. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 400. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-5) Sec. 124B-5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that …

(725 ILCS 5/124B-500) Sec. 124B-500. Persons and property subject to forfeiture. A person who commits child sexual abuse material, aggravated child pornography, obscene depiction of a purported child, non-consensual dissemination of private sexual images, or non-consensual dissem…

(725 ILCS 5/124B-505) Sec. 124B-505. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 500 shall be distributed as follows: (1) One-half shall be divided equally between all State agencies a…

(725 ILCS 5/124B-510) Sec. 124B-510. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 500. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-600) Sec. 124B-600. Persons and property subject to forfeiture. A person who commits the offense of computer fraud as set forth in Section 16D-5 or Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentenc…

(725 ILCS 5/124B-605) Sec. 124B-605. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 600 shall be distributed as follows: (1) 50% shall be distributed to the unit of local government whose…

(725 ILCS 5/124B-610) Sec. 124B-610. Computer used in commission of felony; forfeiture. If a person commits a felony under any provision of the Criminal Code of 1961 or the Criminal Code of 2012 or another statute and the instrumentality used in the commission of the offense, or …

(725 ILCS 5/124B-615) Sec. 124B-615. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 600. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-700) Sec. 124B-700. Persons and property subject to forfeiture. A person who commits a felony violation of Article 17B or Section 17-6.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, aft…