CRIM CD-DRUG ASSET FORFEITURE Senate SponsorsSen. Don Harmon-John G. Mulroe House Sponsors(Rep. Michael J. Zalewski) 8/23/2011SenatePublic Act . . . . . . . . . 97-0544 725 ILCS 5/108-1from Ch. 38, par. 108-1Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning a search without a warrant.Senate Floor Amendment No. 1 Deletes reference to:725 ILCS 5/108-1Adds reference to:720 ILCS 5/36-1.5 new725 ILCS 150/3.5 new725 ILCS 150/6from Ch. 56 1/2, par. 1676Replaces everything after the enacting clause. Amends the Criminal Code of 1963 and the Drug Asset Forfeiture Procedure Act. Provides that within 14 days of 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. Provides that, upon making a finding of probable cause, the circuit court shall enter a restraining order or injunction or take other appropriate action to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing is conducted. Provides that judicial in rem forfeiture proceedings may be instituted if the value of the non-real property exceeds $150,000 (rather than $20,000), excluding the value of any conveyance.House Floor Amendment No. 2 Adds reference to:720 ILCS 550/12from Ch. 56 1/2, par. 712720 ILCS 570/505from Ch. 56 1/2, par. 1505720 ILCS 646/85Provides that the court shall issue the restraining order or injunction or other appropriate action to prevent concealment, removal, destruction, or other disposition of the property after a finding of probable cause that the property may be subject to forfeiture and after taking into account the respective interests of all known claimants to the property including the State. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that in the event of seizure of the property, notice shall be given forthwith to all known interest holders that forfeiture proceedings, including a preliminary review, shall be instituted in accordance with the Drug Asset Forfeiture Procedure Act and such proceedings shall thereafter be instituted in accordance with that Act. Provides that upon a showing of good cause, the notice required for a preliminary review under these provisions may be postponed. 2/10/2011SenateFiled with Secretary by Sen. Don Harmon 2/10/2011SenateFirst Reading 2/10/2011SenateReferred to Assignments 3/8/2011SenateAssigned to Criminal Law 3/17/2011SenateAdded as Chief Co-Sponsor Sen. John G. Mulroe 3/17/2011SenateDo Pass Criminal Law; 008-000-000 3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 29, 2011 4/5/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon 4/5/2011SenateSenate Floor Amendment No. 1 Referred to Assignments 4/6/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law 4/6/2011SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 006-000-000 4/8/2011SenateSecond Reading 4/8/2011SenateSenate Floor Amendment No. 1 Adopted; Harmon 4/8/2011SenatePlaced on Calendar Order of 3rd Reading April 11, 2011 4/15/2011SenateThird Reading - Passed; 059-000-000 4/15/2011HouseArrived in House 4/15/2011HousePlaced on Calendar Order of First Reading 4/15/2011HouseChief House Sponsor Rep. Michael J. Zalewski 4/15/2011HouseFirst Reading 4/15/2011HouseReferred to Rules Committee 4/25/2011HouseAssigned to Judiciary II - Criminal Law Committee 4/27/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski 4/27/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee 5/2/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee 5/12/2011HouseRecommends Do Pass Subcommittee/ Judiciary II - Criminal Law Committee; 003-000-000 5/12/2011HouseRemains in Judiciary II - Criminal Law Committee 5/12/2011HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000 5/12/2011HousePlaced on Calendar 2nd Reading - Short Debate 5/12/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40 5/12/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski 5/12/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee 5/16/2011HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee 5/19/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000 5/20/2011HouseSecond Reading - Short Debate 5/20/2011HouseHouse Floor Amendment No. 2 Adopted by Voice Vote 5/20/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/25/2011HouseThird Reading - Short Debate - Passed 117-000-000 5/25/2011SenateSecretary's Desk - Concurrence House Amendment(s) 2 5/25/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 26, 2011 5/26/2011SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Don Harmon 5/26/2011SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments 5/26/2011SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive 5/26/2011SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 014-000-000 5/27/2011SenateHouse Floor Amendment No. 2 Senate Concurs 055-000-000 5/27/2011SenatePassed Both Houses 6/24/2011SenateSent to the Governor 8/23/2011SenateGovernor Approved 8/23/2011SenateEffective Date January 1, 2012 8/23/2011SenatePublic Act . . . . . . . . . 97-0544