Illinois § 29B-6 Seizure

Illinois Statutes

§ 29B-6 — Seizure

Illinois·Topic RIGHTS AND REMEDIES·Ch. 720 CRIMINAL OFFENSES·Act 720 ILCS 5/ Criminal Code of 2012.·Art. Title III - Specific Offenses

(a)Property subject to forfeiture under this Article may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made:

(1)if the seizure is incident to a seizure warrant;

(2)if the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Article;

(3)if there is probable cause to believe that the property is directly or indirectly dangerous to health or safety;

(4)if there is probable cause to believe that the property is subject to forfeiture under this Article and the property is seized under circumstances in which a

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(a) Property subject to forfeiture under this Article may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made: (1) if the seizure is incident to a seizure warrant; (2) if the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Article; (3) if there is probable cause to believe that the property is directly or indirectly dangerous to health or safety; (4) if there is probable cause to believe that the property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable; or (5) in accordance with the Code of Criminal Procedure of 1963. (b) In the event of seizure under subsection (a) of this Section, forfeiture proceedings shall be instituted in accordance with this Article. (c) Actual physical seizure of real property subject to forfeiture requires the issuance of a seizure warrant. Nothing in this Article prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against the real property that is subject to forfeiture without any hearing, warrant application, or judicial approval.

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