§ 36-6 — Return of property, damages and costs

(a) The law enforcement agency that holds custody of property seized for forfeiture shall return to the claimant, within a reasonable period of time not to exceed 7 days unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason after the court orders the property to be returned or conveyed to the claimant: (1) property ordered by the court to be conveyed or returned to the claimant; and (2) property ordered by the court to be conveyed or returned to the claimant under subsection (d) of Section 36-3.1 of this Article. (b) The law enforcement agency that holds custody of property seized under this Article is responsible for any damages, storage fees, and related costs applicable to property returned to a claimant under this Article. The claimant shall not be subject to any charges by the State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This subsection does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance under an ordinance enacted by the unit of government.

Legislative History

(Source: P.A. 100-512, eff. 7-1-18 .)