Illinois Compiled Statutes 720 ILCS 5/29B-26 – Distribution of proceeds
Current as of: 2024 | Check for updates
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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
(1) 65% shall be distributed to the metropolitan
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enforcement group, local, municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based. Amounts distributed to the agency or agencies shall be used for the enforcement of laws.
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(2)(i) 12.5% shall be distributed to the Office of
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the State’s Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State’s Attorney for use in the enforcement of laws. In counties over 3,000,000 population, 25% shall be distributed to the Office of the State’s Attorney for use in the enforcement of laws. If the prosecution is undertaken solely by the Attorney General, the portion provided under this subparagraph (i) shall be distributed to the Attorney General for use in the enforcement of laws.
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(ii) 12.5% shall be distributed to the Office of the
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State’s Attorneys Appellate Prosecutor and deposited in the Narcotics Profit Forfeiture Fund of that office to be used for additional expenses incurred in the investigation, prosecution, and appeal of cases arising under laws. The Office of the State’s Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.
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(3) 10% shall be retained by the Illinois State
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Police for expenses related to the administration and sale of seized and forfeited property.
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Moneys and the sale proceeds distributed to the Illinois State Police under this Article shall be deposited in the Money Laundering Asset Recovery Fund created in the State treasury and shall be used by the Illinois State Police for State law enforcement purposes. All moneys and sale proceeds of property forfeited and seized under this Article and distributed according to this Section may also be used to purchase opioid antagonists as defined in Section 5-23 of the Substance Use Disorder Act.
Terms Used In Illinois Compiled Statutes 720 ILCS 5/29B-26
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14