Summary as Introduced
Amends the Seizure and Forfeiture Reporting Act. Provides that each law enforcement agency that seizes, forfeits, or receives property subject to reporting under the Act shall report certain information about each seizure and forfeiture of property to the Illinois State Police no later than 60 days after December 31 of the year in which the property is seized or forfeited. Adds certain required information, including the accused person's race, sex, age, and zip code, as well as a citation to the statutory authorities under which the property was seized and the accused person was arrested, to the information to be submitted in a report. Adds certain required information from court records about each forfeiture of property to the information to be reported to the Illinois State Police. Provides that if an agency did not seize, forfeit, receive, or spend forfeiture funds, it shall file a null report with the Illinois State Police. Provides that the annual report shall include an aggregate summary of all seizures and forfeitures carried out and their respective proceeds, as well as other information, including categories of expenditures, such as investigation and litigation expenses, software, hardware, appliances, canines, surveillance technology, IMSI catchers, operating expenses, and administrative expenses. Provides that the Illinois State Police shall post annually on its website aggregate data for each law enforcement agency with certain information. Provides that the Illinois State Police shall, 120 days after the end of each calendar year, submit to the General Assembly, Attorney General, and Governor, as well as post on its website, a written report that summarizes certain activity in the State for the preceding year regarding property seized and related expenditures at the State and local levels, with categorized accounting and other requirements. Provides that the Illinois State Police may include certain recommendations in its report. Provides that the Illinois State Police shall, on or before January 1, 2026 (rather than 2019), establish and implement the requirements of this Act. Makes other changes.
Staff Analysis
House Amendment 1
House Floor Amendment 1 to HB 1628 revises the asset forfeiture reporting requirements under Illinois law. The amendment narrows the scope of mandatory reporting, adjusts timelines and agency responsibilities, and introduces privacy protections for public access to the data.
Key changes include:
1. Narrowed Reporting Scope for Law Enforcement Agencies
Instead of requiring reports from agencies that seize, forfeit, or receive forfeiture proceeds, the amendment limits the requirement to agencies that seize property. This change reduces the reporting burden for agencies not involved in active seizures.
2. Revised Null Reporting Requirement
The original bill required any law enforcement agency that did not seize, forfeit, or receive forfeiture funds to file a null report. The amendment replaces this with a requirement that agencies only file a report if they made no seizures, streamlining compliance expectations.
3. Prosecuting Authority Reporting Requirement
Prosecutors who issue a notice of pending forfeiture must now submit a report to the Illinois State Police within 60 days after December 31 of the year in which the notice was issued. This adds a specific deadline and reinforces accountability in the early stages of the forfeiture process.
4. Changes to Reporting on Forfeiture Proceeds
The amendment modifies what must be reported about how forfeiture proceeds are used, likely to improve consistency or clarify language for agencies and oversight bodies.
5. Public Database Privacy Safeguards
The amendment adds a provision that the public searchable database for forfeiture data must not include personally identifying information, addressing privacy concerns for individuals whose property may have been seized.
6. Technical Adjustments
The amendment includes unspecified technical and other changes, which are likely to correct drafting issues or clarify language from the introduced version.
The amendment focuses on refining the asset forfeiture reporting process, emphasizing seizure-related transparency, improving privacy protections, and clarifying responsibilities for law enforcement and prosecutorial agencies. For counties, this may slightly reduce administrative workload while still maintaining public accountability regarding property seizures.