Illinois Compiled Statutes 725 Criminal Procedure: Article VIII - Miscellaneous
Article 124a. Liens and Costs
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124A-5
Judgment for costs of prosecution. When a person is convicted of an offense under a statute, or at common law, the court shall enter...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124A-10
Lien. The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
Article 124b. Forfeiture (Source: P. A. 96-712, Eff. 1-1-10.)
Part 5. General Provisions (Source: P. A. 96-712, Eff. 1-1-10.)
Part 100. Standard Forfeiture Provisions (Source: P. A. 96-712, Eff. 1-1-10.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-105
Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft. (Source: P.A. 96-712, eff. 1-1-10.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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,...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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....
Part 300. Forfeiture; Involuntary Servitude and Trafficking in Persons (Source: P. A. 96-712, Eff. 1-1-10; 97-897, Eff. 1-1-13.)
Part 400. Obscenity (Source: P. A. 96-712, Eff. 1-1-10.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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:...
Part 500. Other Sex Offenses (Source: P. A. 96-712, Eff. 1-1-10.)
Part 600. Computer Crime (Source: P. A. 96-712, Eff. 1-1-10.)
Part 700. Wic Fraud (Source: P. A. 96-712, Eff. 1-1-10.)
Part 800. Terrorism (Source: P. A. 96-712, Eff. 1-1-10.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-800
Persons and property subject to forfeiture. (a) A person who commits an offense under Article 29D of the Criminal Code of 1961 or the Criminal...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-805
Asset freeze or seizure; ex parte proceeding. (a) Whenever it appears that there is probable cause to believe that any person used, is using, is...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-810
Forfeiture hearing following property freeze or seizure. (a) If a person having any property interest in property frozen or seized under Section 124B-805 is charged...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-815
No release of property for payment of attorney's fees. No judge shall release any property that is the subject of a petition filed under subsection...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-820
No offense charged or no conviction; in rem proceeding. (a) If a person is not charged with an offense within 60 days after property is...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-825
Distribution of property and sale proceeds. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-830
Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 800. (Source:...
Part 900. Animals (Source: P. A. 96-712, Eff. 1-1-10.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-900
Legislative declaration. The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show,...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-905
Persons and property subject to forfeiture. A person who commits a felony violation of Section 4.01 of the Humane Care for Animals Act or a...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-910
Notice to or service on owner or interest holder. (a) Whenever notice of pending forfeiture or service of an in rem complaint is required under...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-915
Property vests in State. All property declared forfeited under this Article vests in the State on the date of the commission of the conduct giving...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-920
Defendant precluded from later denying the essential allegations of the offense. A defendant convicted in any criminal proceeding is precluded from later denying the essential...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-925
Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-930
Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-935
Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 900 shall be...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-940
Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 900. (Source:...
Part 1000. Unlawful Telecommunications Device (Source: P. A. 97-1109, Eff. 1-1-13.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 124B-1030
Transfer of property. Upon the court's determination that the telecommunications device is subject to forfeiture, the court may, notwithstanding the provisions of Section 124B-165(a), upon...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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:...
Article 125. Construction and Effective Date
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 125-1
Effect of headings. Section, Article and Title headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 125-2
Partial invalidity. The invalidity of any provision of this Code shall not affect the validity of the remainder of this Code. (Source: Laws 1963,...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 125-3
Savings provisions. (a) The provisions of Sections 2, 3 and 4 of "An Act to revise the law in relation to the construction of...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 125-4
Effective date. This Code shall take effect January 1, 1964. (Source: Laws 1963, p. 2836.)
Article 126. Repeal
Last modified: February 18, 2015