Illinois New Forfeiture Act –
What You Don’t Know Can Hurt You

In 2017 the Illinois General Assembly fundamentally changed Illinois forfeiture law. Illinois is no longer a purely guilty res (i.e. property) jurisdiction. Illinois is now a hybrid state that requires both proof that the property was used in a qualifying offense and the fault or involvement of the owner. The new Act also has several other safeguards including a mandatory excessive penalty (8th Amendment) analysis, innocent owner hearings, and relief for co-owners.

The problem with the new Act is that it is very long and detailed. Rather than compare the old Act with the new Act, many attorneys and judges rely on prior court decisions. These decisions, however, may no longer be valid because the language of the Act itself has changed.

The reforms took effect on July 1, 2018, and any case which pre-date the new Act may have been legislatively overruled. In short, what you don’t know about the new Act may hurt you.