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Illinois Statutes Chapter 720. Criminal Offenses § 5/36-1.3. Safekeeping of seized property pending disposition

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 36-1.3. Safekeeping of seized property pending disposition.

(a) Property seized under this Article is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article.

(b) If property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director of the Illinois State Police. Upon receiving notice of seizure, the Director of the Illinois State Police may:

(1) place the property under seal;

(2) remove the property to a place designated by the Director of the Illinois State Police;

(3) keep the property in the possession of the seizing agency;

(4) remove the property to a storage area for safekeeping;

(5) place the property under constructive seizure by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the property; or

(6) provide for another agency or custodian, including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the seizing agency.

(c) The seizing agency shall exercise ordinary care to protect the subject of the forfeiture from negligent loss, damage, or destruction.

(d) Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.

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Cite this article: FindLaw.com - Illinois Statutes Chapter 720. Criminal Offenses § 5/36-1.3. Safekeeping of seized property pending disposition - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-36-1-3/

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