§ 124B-820 — No offense charged or no conviction; in rem proceeding

Illinois § 124B-820

• 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

(a) If a person is not charged with an offense within 60 days after property is frozen or seized under Section 124B-805, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction, or if a judgment of acquittal is entered, the Attorney General or State's Attorney shall immediately commence an in rem proceeding for the forfeiture of any frozen or seized property in the circuit court by filing a complaint that contains the same information as required in a petition under subsection (b) of Section 124B-810. The court shall conduct the in rem proceeding in the same manner as other forfeiture proceedings under this Article. (b) Any person having any property interest in the frozen or seized property may commence a separate civil proceeding in the manner provided by law.

Legislative History

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