Illinois Compiled Statutes 740 ILCS 147 Illinois Streetgang Terrorism Omnibus Prevention Act. Section 40

    (740 ILCS 147/40)

    Sec. 40. Contraband.

    (a) The following are declared to be contraband and no person shall have a property interest in them:

        (1) any property that is directly or indirectly used

    or intended for use in any manner to facilitate streetgang related activity; and

        (2) any property constituting or derived from gross

    profits or other proceeds obtained from streetgang related activity.

    (b) Within 60 days of the date of the seizure of contraband under this Section, the State's Attorney shall initiate forfeiture proceedings as provided in Article 36 of the Criminal Code of 2012. An owner or person who has a lien on the property may establish as a defense to the forfeiture of property that is subject to forfeiture under this Section that the owner or lienholder had no knowledge that the property was acquired through a pattern of streetgang related activity. Property that is forfeited under this Section shall be disposed of as provided in Article 36 of the Criminal Code of 2012 for the forfeiture of vehicles, vessels, and aircraft. The proceeds of the disposition shall be paid to the Gang Violence Victims and Witnesses Fund to be used to assist in the prosecution of gang crimes.

(Source: P.A. 97-1150, eff. 1-25-13.)

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Last modified: February 18, 2015