Illinois 95th Regular Session Status: Enacted

SB 2198 — CANNABIS CONTROL-FORFEITURE

Last action — Public Act . . . . . . . . . 95-0989

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2008. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Cannabis Control Act. Provides that real property is subject to forfeiture if it is used or intended to be used to facilitate the possession, distribution, sale, receipt, or concealment of specified property that constitutes a felony violation of the Act or that is the proceeds of any felony violation of the Act. Provides that if the State's Attorney is of the opinion that real property is subject to forfeiture under the Act, forfeiture proceedings shall be instituted in accordance with the Drug Asset Forfeiture Procedure Act. Provides that the exemptions from forfeiture provisions of that Act are applicable. Effective immediately.

Bill Text

What changed in the latest version

145 added · 144 removed

Plain-language change summary

In the updated version of Bill SB 2198, a specific threshold was added that applies to property seizures related to violations involving cannabis. Now, only properties linked to violations involving more than 2,000 grams of cannabis are subject to forfeiture, while the previous version did not specify a quantity. This change is important because it clarifies the criteria for seizure, potentially protecting individuals from losing property for lesser offenses and ensuring that enforcement is focused on more significant cases of illegal activity.

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Latest
SB2198 Engrossed LRB095 15662 RLC 41667 b AN ACT concerning criminal law.
SB2198 Enrolled LRB095 15662 RLC 41667 b AN ACT concerning criminal law.
(i) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section SB2198 Engrossed - 2 - LRB095 15662 RLC 41667 b unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Act;
(i) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section SB2198 Enrolled - 2 - LRB095 15662 RLC 41667 b unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Act;
(6) all real property, including any right, title, and interest including, but not limited to, any leasehold interest or the beneficial interest to a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used to SB2198 Engrossed - 3 - LRB095 15662 RLC 41667 b facilitate the manufacture, distribution, sale, receipt, or concealment of property described in paragraph (1) or (2) of this subsection (a) that constitutes a felony violation of this Act or that is the proceeds of any felony violation of this Act.
(6) all real property, including any right, title, and interest including, but not limited to, any leasehold interest or the beneficial interest to a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used to SB2198 Enrolled - 3 - LRB095 15662 RLC 41667 b facilitate the manufacture, distribution, sale, receipt, or concealment of property described in paragraph (1) or (2) of this subsection (a) that constitutes a felony violation of more than 2,000 grams of a substance containing cannabis or that is the proceeds of any felony violation of this Act.
(c) In the event of seizure pursuant to subsection (b), forfeiture proceedings shall be instituted in accordance with SB2198 Engrossed - 4 - LRB095 15662 RLC 41667 b the Drug Asset Forfeiture Procedure Act.
(c) In the event of seizure pursuant to subsection (b), SB2198 Enrolled - 4 - LRB095 15662 RLC 41667 b forfeiture proceedings shall be instituted in accordance with the Drug Asset Forfeiture Procedure Act.
(4) remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account;
(4) remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, SB2198 Enrolled - 5 - LRB095 15662 RLC 41667 b deposit it in an interest bearing account;
SB2198 Engrossed - 5 - LRB095 15662 RLC 41667 b (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;
(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;
However, upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests and prosecution which lead to the forfeiture, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws relating to cannabis or controlled substances, if the agency or prosecutor can demonstrate that SB2198 Engrossed - 6 - LRB095 15662 RLC 41667 b the item requested would be useful to the agency or prosecutor in their enforcement efforts.
However, upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests and prosecution which lead to the forfeiture, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws relating to cannabis or controlled SB2198 Enrolled - 6 - LRB095 15662 RLC 41667 b substances, if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in their enforcement efforts.
Amounts distributed to the agency or agencies shall be used for the enforcement of laws SB2198 Engrossed - 7 - LRB095 15662 RLC 41667 b governing cannabis and controlled substances or for security cameras used for the prevention or detection of violence, except that amounts distributed to the Secretary of State shall be deposited into the Secretary of State Evidence Fund to be used as provided in Section 2-115 of the Illinois Vehicle Code.
Amounts distributed to the agency or SB2198 Enrolled - 7 - LRB095 15662 RLC 41667 b agencies shall be used for the enforcement of laws governing cannabis and controlled substances or for security cameras used for the prevention or detection of violence, except that amounts distributed to the Secretary of State shall be deposited into the Secretary of State Evidence Fund to be used as provided in Section 2-115 of the Illinois Vehicle Code.
(ii) 12.5% shall be distributed to the Office of the State’s Attorneys Appellate Prosecutor and deposited in the Narcotics Profit Forfeiture Fund of that Office to be used for additional expenses incurred in the investigation, prosecution and appeal of cases arising under laws governing cannabis and controlled substances.
(ii) 12.5% shall be distributed to the Office of the State’s Attorneys Appellate Prosecutor and deposited in the Narcotics Profit Forfeiture Fund of that Office to be used for additional expenses incurred in the investigation, prosecution and appeal of cases arising SB2198 Enrolled - 8 - LRB095 15662 RLC 41667 b under laws governing cannabis and controlled substances.
SB2198 Engrossed - 8 - LRB095 15662 RLC 41667 b The Office of the State’s Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.
The Office of the State’s Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.
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Action History

  1. Public Act . . . . . . . . . 95-0989

  2. Effective Date October 3, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 042-000-000

  7. 3/5 Vote Required

  8. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000

  9. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law

  10. Placed on Calendar Order of Concurrence House Amendment(s) 01-July 10, 2008

  11. Approved for Consideration Rules

  12. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  13. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  14. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William Delgado

  15. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 31, 2008

  16. Secretary's Desk - Concurrence House Amendment(s) 01

  17. Third Reading - Short Debate - Passed 114-000-000

  18. Alternate Chief Sponsor Changed to Rep. Dennis M. Reboletti

  19. Alternate Chief Co-Sponsor Removed Rep. Dennis M. Reboletti

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. Second Reading - Short Debate

  22. Placed on Calendar 2nd Reading - Short Debate

  23. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-001-000

  24. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  25. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  26. Added Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti

  27. Final Action Deadline Extended-9(b) May 31, 2008

  28. Committee Deadline Extended-Rule 9(b) May 23, 2008

  29. Assigned to Judiciary II - Criminal Law Committee

  30. Added as Co-Sponsor Sen. Martin A. Sandoval

  31. Referred to Rules Committee

  32. First Reading

  33. Chief House Sponsor Rep. Susana A Mendoza

  34. Placed on Calendar Order of First Reading

  35. Arrived in House

  36. Third Reading - Passed; 051-000-000

  37. Added as Chief Co-Sponsor Sen. Dan Kotowski

  38. Placed on Calendar Order of 3rd Reading April 1, 2008

  39. Second Reading

  40. Placed on Calendar Order of 2nd Reading March 13, 2008

  41. Do Pass as Amended Judiciary Criminal Law; 006-000-000

  42. Senate Committee Amendment No. 1 Adopted

  43. Senate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law

  44. Senate Committee Amendment No. 1 Referred to Rules

  45. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William Delgado

  46. Assigned to Judiciary Criminal Law

  47. Referred to Rules

  48. First Reading

  49. Filed with Secretary by Sen. William Delgado

Sponsors

  • William Delgado · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • William Delgado

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 42 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Democrat 8001
Unaffiliated 330016
Republican 1000
Total 420017
% of votes cast 71%0%0%29%
How each member voted (59)
Member Party Vote
Noland — Not Voting
Lauzen — Yea
Demuzio — Yea
Kotowski — Not Voting
Munoz — Not Voting
Cullerton — Not Voting
Jacobs — Not Voting
Meeks — Not Voting
Silverstein — Not Voting
Viverito — Not Voting
Dahl — Not Voting
Frerichs — Not Voting
Haine — Not Voting
Halvorson — Not Voting
Hendon — Not Voting
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Pankau — Yea
Radogno — Yea
Schoenberg — Yea
Steans — Yea
Trotter — Yea
Brady — Yea
Wilhelmi — Yea
Sullivan — Yea
Watson — Yea
Jones, J. — Yea
Clayborne — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Hultgren — Yea
Peterson — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Not Voting
Burzynski — Yea
Millner — Yea
Cronin — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 101004
Democrat 9000
Republican 4000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Munson — Yea
Granberg — Yea
Jefferies — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Lyons — Yea
Schock — Yea
Scully — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Moffitt — Yea
Burke — Yea
Sullivan — Yea
Molaro — Yea
Mulligan — Yea
Hannig — Yea
Myers — Yea
Harris — Yea
Nekritz — Yea
Osterman — Not Voting
Hernandez — Yea
Patterson — Yea
Pihos — Yea
Sommer — Yea
Soto — Yea
Howard — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Davis, Monique — Yea
Watson — Not Voting
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dugan — Not Voting
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Lindner — Yea
Krause — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Coulson — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 42007
Democrat 8001
Republican 1000
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Noland — Yea
Kotowski — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Martinez — Yea
Meeks — Yea
Brady — Yea
Millner — Yea
Sullivan — Yea
Schoenberg — Yea
Munoz — Yea
Silverstein — Yea
Steans — Yea
Cullerton — Yea
Watson — Yea
Jones, J. — Yea
Trotter — Yea
Demuzio — Yea
Viverito — Yea
Wilhelmi — Yea
Jacobs — Not Voting
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Not Voting
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Not Voting
Pankau — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Althoff — Yea
Bivins — Yea
Bomke — Not Voting
Bond — Not Voting
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 2198 do?
Amends the Cannabis Control Act. Provides that real property is subject to forfeiture if it is used or intended to be used to facilitate the possession, distribution, sale, receipt, or concealment of specified property that constitutes a felony violation of the Act or that is the proceeds of any felony violation of the Act. Provides that if the State's Attorney is of the opinion that real property is subject to forfeiture under the Act, forfeiture proceedings shall be instituted in accordance with the Drug Asset Forfeiture Procedure Act. Provides that the exemptions from forfeiture provisions of that Act are applicable. Effective immediately.
Who sponsors SB 2198?
SB 2198 is sponsored by William Delgado.
What is the current status of SB 2198?
This bill has been enacted into law. Introduced February 14, 2008. Enacted.
Where can I track SB 2198?
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