Illinois § 124B-170 Judicial review

Illinois Statutes

§ 124B-170 — Judicial review

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

(a)Within 30 days after publication of the notice under Section 124B-165, any person claiming an interest in the property declared forfeited may file a verified claim with the court expressing his or her interest in the property. The claim must set forth the following:

(1)The caption of the proceedings as set forth in the notice of order of forfeiture.

(2)The claimant's name and address.

(3)The nature and extent of the claimant's interest in the property.

(4)The circumstances of the claimant's acquisition of the interest in the property, including the date of the transfer and the identity of the transferor.

(5)The names and addresses of all other persons known by the claimant to have an interest in the property.

(6)The specific provision of law relied on in asserting that the proper

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(a) Within 30 days after publication of the notice under Section 124B-165, any person claiming an interest in the property declared forfeited may file a verified claim with the court expressing his or her interest in the property. The claim must set forth the following: (1) The caption of the proceedings as set forth in the notice of order of forfeiture. (2) The claimant's name and address. (3) The nature and extent of the claimant's interest in the property. (4) The circumstances of the claimant's acquisition of the interest in the property, including the date of the transfer and the identity of the transferor. (5) The names and addresses of all other persons known by the claimant to have an interest in the property. (6) The specific provision of law relied on in asserting that the property is not subject to forfeiture. (7) All essential facts supporting each assertion. (8) The relief sought by the claimant. (b) The claim must be accompanied by a cost bond in the form of a cashier's check payable to the clerk of the court in the amount of 10% of the reasonable value of the property as alleged by the Attorney General or State's Attorney or the amount of $100, whichever is greater, conditioned upon the claimant's payment, in the case of forfeiture, of all costs and expenses of the proceeding under this Section. (c) Upon the filing of a claim and cost bond as provided in this Section, the court shall determine whether the property is subject to forfeiture in accordance with this Article. If none of the seized property is declared forfeited in a proceeding under this Section, then, unless the court orders otherwise, the clerk of the court shall return to the claimant 90% of the amount deposited with the clerk as a cost bond under this Section. If any of the seized property is declared forfeited in a proceeding under this Section, then the clerk of the court shall transfer 90% of the amount deposited with the clerk as a cost bond under this Section to the prosecuting authority. In either case, the clerk shall retain the remaining 10% of the amount deposited as costs for the proceeding under this Section.

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