§ 124B-165

Illinois § 124B-165

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 725: CRIMINAL PROCEDURE
• Act 725 ILCS 5/: Code of Criminal Procedure of 1963.
• Art.: Article 124B - Forfeiture

Text

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 court shall enter an order of forfeiture with respect to the property at issue. Except as provided in Section 124B-705, the order shall authorize the Attorney General or State's Attorney to seize all property declared forfeited under this Article (if the property has not already been seized) upon terms and conditions the court deems proper. The Attorney General or State's Attorney may then sell the forfeited property unless the court determines that the property is required by law to be destroyed or is harmful to the public. (b) Following the entry of the order of forfeiture, the Attorney General or State's Attorney shall cause publication of notice of the order and his or her intent to dispose of the property. Publication shall be in a newspaper of general circulation in the county where the property was seized, for a period of 3 successive weeks. (c) Within 30 days after the publication, any person may petition the court to adjudicate the validity of his or her interest in the property and whether the interest is protected under this Article.

Legislative History

(Source: P.A. 96-712, eff. 1-1-10.)