Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 150/15) (now 725 ILCS 150/13.1) Sec. 15. (Renumbered). (Source: Renumbered by P.A. 100-699, eff. 8-3-18.)

(725 ILCS 150/17) Sec. 17. (Renumbered). (Source: Renumbered by P.A. 100-699, eff. 8-3-18.)

(725 ILCS 150/2) (from Ch. 56 1/2, par. 1672) Sec. 2. Legislative Declaration. The General Assembly finds that the civil forfeiture of property which is used or intended to be used in, is attributable to or facilitates the manufacture, sale, transportation, distribution, possessi…

(725 ILCS 150/20) (now 725 ILCS 150/13.3) Sec. 20. Reporting. (Source: Renumbered by P.A. 100-699, eff. 8-3-18.)

(725 ILCS 150/3) (from Ch. 56 1/2, par. 1673) Sec. 3. Applicability. The provisions of this Act are applicable to all property forfeitable under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Cont…

(725 ILCS 150/3.1) Sec. 3.1. Seizure. (a) Actual physical seizure of real property subject to forfeiture under this Act requires the issuance of a seizure warrant. Nothing in this Section prohibits the constructive seizure of real property through the filing of a complaint for fo…

(725 ILCS 150/3.2) Sec. 3.2. Receipt for seized property. If a law enforcement officer seizes property that is subject to forfeiture, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be gi…

(725 ILCS 150/3.3) Sec. 3.3. Safekeeping of seized property pending disposition. (a) Property seized under this Act is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order and judgments of the circuit court having jurisdiction over t…

(725 ILCS 150/3.5) Sec. 3.5. Preliminary review. (a) Within 14 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 ap…

(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674) Sec. 4. Notice to owner or interest holder. The first attempted service of notice shall be commenced within 28 days of the filing of the verified claim or the receipt of the notice from the seizing agency by Illinois State Police Noti…

(725 ILCS 150/5) (from Ch. 56 1/2, par. 1675) Sec. 5. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or the…

(725 ILCS 150/5.1) Sec. 5.1. Replevin prohibited; return of personal property inside seized conveyance. (a) Property seized under this Act shall not be subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order …

(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676) Sec. 6. Non-judicial forfeiture. If non-real property that exceeds $150,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of the Illinois Controlled Substances Act, the Cannabis Con…

(725 ILCS 150/7) (from Ch. 56 1/2, par. 1677) Sec. 7. Presumptions and inferences. (1) The following situation shall give rise to a presumption that the property described therein was furnished or intended to be furnished in exchange for a substance in violation of the Illinois C…

(725 ILCS 150/8) (from Ch. 56 1/2, par. 1678) Sec. 8. Exemptions from forfeiture. (a) No vessel or watercraft, vehicle, or aircraft used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under this Act unless the State proves by…

(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679) Sec. 9. Judicial in rem procedures. If property seized under the provisions of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act is non-real property that exc…

(725 ILCS 150/9.1) Sec. 9.1. Innocent owner hearing. (a) After a complaint for forfeiture is 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 supported by sw…

(725 ILCS 150/9.5) Sec. 9.5. Proportionality. Property forfeited under this Act 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 for…

(725 ILCS 155/0.01) (from Ch. 38, par. 156-10) Sec. 0.01. Short title. This Act may be cited as the Federal Prisoner Production Expense Act. (Source: P.A. 86-1324.)

(725 ILCS 155/1) (from Ch. 38, par. 156-11) Sec. 1. Whenever a federal prisoner in the custody of the Attorney General of the United States or his authorized representative has been produced in a court of this State for prosecution of a criminal charge pending against such federa…

(725 ILCS 160/0.01) (from Ch. 23, par. 2410) Sec. 0.01. Short title. This Act may be cited as the Fines Paid to Societies Act. (Source: P.A. 86-1324.)

(725 ILCS 160/1) (from Ch. 23, par. 2411) Sec. 1. All fines, paid in money, imposed through the agency of any humane society or society for the prevention of cruelty to children under the laws of the State of Illinois, shall, when collected, be paid into the treasury of such soci…

(725 ILCS 160/2) (from Ch. 23, par. 2412) Sec. 2. All fines paid in money imposed through the agency of any humane society (or society for the prevention of cruelty to children) under the laws or ordinances of any city, town or village, within the State of Illinois, may, when col…

(725 ILCS 165/0.01) (from Ch. 38, par. 161) Sec. 0.01. Short title. This Act may be cited as the Firearm Seizure Act. (Source: P.A. 86-1324.)

(725 ILCS 165/1) (from Ch. 38, par. 161-1) Sec. 1. When a complaint is made to any circuit court that a person possessing a firearm or firearms has threatened to use a firearm illegally, the court shall examine on oath such complainant, and any witnesses which may be produced, re…

(725 ILCS 165/2) (from Ch. 38, par. 161-2) Sec. 2. When the defendant is brought before the court, if the charge is controverted the testimony produced on both sides shall be heard. When it appears to the court that the defendant has threatened to use any firearm illegally, and i…

(725 ILCS 165/3) (from Ch. 38, par. 161-3) Sec. 3. If, however, it should appear to the court that the complaint is unfounded, the defendant shall be dismissed. When, in addition, the court is of the opinion that the proceeding was commenced maliciously without probable cause, it…

(725 ILCS 165/4) (from Ch. 38, par. 161-4) Sec. 4. In lieu of requiring the surrender of any firearm, the court may require the defendant to give a recognizance as provided in Article 110A of the Code of Criminal Procedure of 1963. (Source: P.A. 96-328, eff. 8-11-09.)

(725 ILCS 165/5) (from Ch. 38, par. 161-5) Sec. 5. Any action brought under this Act is a civil action, governed by the Civil Practice Law as now or hereafter amended and by the Supreme Court Rules as now or hereafter adopted in relation to that Law. Appeals may be taken as in ot…

(725 ILCS 167/1) Sec. 1. Short title. This Act may be cited as the Freedom from Drone Surveillance Act. (Source: P.A. 98-569, eff. 1-1-14.)

(725 ILCS 167/10) Sec. 10. Prohibited use of drones. Except as provided in Section 15, a law enforcement agency may not use a drone to gather information. (Source: P.A. 98-569, eff. 1-1-14.)

(725 ILCS 167/15) Sec. 15. Exceptions. This Act does not prohibit the use of a drone by a law enforcement agency: (1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible…

(725 ILCS 167/17) Sec. 17. Use of facial recognition. A law enforcement agency operating a drone under this Act is prohibited from using, during a flight, onboard facial recognition software that works in conjunction with the drone. A law enforcement agency operating a drone unde…

(725 ILCS 167/18) Sec. 18. Use of weapons. A law enforcement agency operating a drone under this Act is prohibited from equipping or using on a drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon. (S…

(725 ILCS 167/20) Sec. 20. Information retention. (a) If a law enforcement agency uses a drone under Section 15 of this Act, the agency shall destroy all information gathered by the drone within the following timeframes: (1) All information gathered pursuant to paragraph (1), (2)…

(725 ILCS 167/25) Sec. 25. Information disclosure. (a) If a law enforcement agency uses a drone under Section 15 of this Act, the agency shall not disclose any information gathered by the drone, except that a supervisor of that agency may disclose particular information to anothe…

(725 ILCS 167/30) Sec. 30. Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency used a drone to gather information in violation of the information gathering limits in Sections 10 and 15 of this Act, then the information shall be presu…

(725 ILCS 167/35) Sec. 35. Reporting. (a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the Authority the number of drones that it owns, the number of times a drone was use…

(725 ILCS 167/40) Sec. 40. Law enforcement use of private drones. (a) Except as provided in Section 15, a law enforcement agency may not acquire information from or direct the acquisition of information through the use of a drone owned by a private third party. In the event that …

(725 ILCS 167/45) Sec. 45. Policy; violations. (a) Each law enforcement agency using drones under this Act shall have a policy outlining drone use consistent with this Act. The policy shall include that, if an agency learns of violations of this Act, the agency shall immediately …

(725 ILCS 167/5) Sec. 5. Definitions. As used in this Act: "Authority" means the Illinois Criminal Justice Information Authority. "Drone" means any aerial vehicle that does not carry a human operator. "Information" means any evidence, images, sounds, data, or other information ga…

(725 ILCS 168/1) Sec. 1. Short title. This Act may be cited as the Freedom From Location Surveillance Act. (Source: P.A. 98-1104, eff. 8-26-14.)

(725 ILCS 168/10) Sec. 10. Court authorization. Except as provided in Section 15, a law enforcement agency shall not obtain location information pertaining to a person or his or her effects without first obtaining a court order under Section 108-4 of the Code of Criminal Procedur…

(725 ILCS 168/15) Sec. 15. Exceptions. This Act does not prohibit a law enforcement agency from seeking to obtain location information: (1) to respond to a call for emergency services concerning the user or possessor of an electronic device; (2) with the lawful consent of the own…

(725 ILCS 168/20) Sec. 20. Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency obtained location information pertaining to a person or his or her effects in violation of Section 10 or 15 of this Act, then the information shall be pre…

(725 ILCS 168/25) Sec. 25. Providing location information to a law enforcement agency not required. Nothing in this Act shall be construed to require a person to provide location information to a law enforcement agency under Section 15. (Source: P.A. 101-460, eff. 8-23-19.)

(725 ILCS 168/30) Sec. 30. Inapplicability. This Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid subpoena, court order, or search warrant. (Source: P.A. 98-1104, eff. 8-26-14.)

(725 ILCS 168/5) Sec. 5. Definitions. For the purpose of this Act: "Basic subscriber information" means name, address, local and long distance telephone connection records or records of session time and durations; length of services, including start dates, and types of services u…

(725 ILCS 168/99) Sec. 99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 98-1104, eff. 8-26-14.)

(725 ILCS 170/0.01) (from Ch. 60, par. 11.9) Sec. 0.01. Short title. This Act may be cited as the Fugitive Apprehension Reward Act. (Source: P.A. 86-1324.)