summary
Introduced
02/09/2017
02/09/2017
In Committee
07/06/2017
07/06/2017
Crossed Over
04/26/2017
04/26/2017
Passed
Dead
01/09/2019
01/09/2019
Introduced Session
Potential new amendment
100th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Allows the prosecution in a criminal case to bring an action seeking a court order to freeze the assets of a person charged with or convicted of a criminal offense if there are grounds to believe the defendant may dissipate the assets to avoid paying any fine, restitution, assessment, or costs that may or has been imposed as the result of a conviction. Provides the court must limit its order to allow the defendant sufficient assets for legal representation for any pending criminal charges against the defendant, including contesting any motion or order with regard to freezing his or her assets. Provides the court may limit an asset freezing order to provide the defendant with assets for his or her living and business expenses. Provides procedures for obtaining and enforcing asset freezing motions and orders. Sets forth obligations and protections for persons who are not a defendant in the case but who hold assets of the defendant subject to an asset freezing order. Allows for appeal by any party. Defines terms.
AI Summary
This bill amends the Code of Criminal Procedure of 1963 to allow the prosecution in a criminal case to seek a court order to freeze the assets of a person charged with or convicted of a criminal offense if there are grounds to believe the defendant may dissipate the assets to avoid paying any fine, restitution, assessment, or costs that may or has been imposed as the result of a conviction. The bill outlines the procedures for obtaining and enforcing these asset-freezing orders, including provisions for the court to limit the order to ensure the defendant has sufficient assets for legal representation and living/business expenses, and for nonparties holding the defendant's assets to comply with the order. The bill also allows for appeals of the asset-freezing orders and provides for asset dissipation relief against transfers made to avoid satisfying a judgment.
Committee Categories
Justice
Sponsors (5)
John Cullerton (D)*,
Elgie Sims (D)*,
Michael Connelly (R),
LaToya Greenwood (D),
Juliana Stratton (D),
Last Action
Session Sine Die (on 01/09/2019)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1402&GAID=14&DocTypeID=SB&SessionID=91&GA=100 | 02/10/2017 |
| House Amendment 001 | http://www.ilga.gov/legislation/100/SB/10000SB1402ham001.htm | 05/30/2017 |
| BillText | http://www.ilga.gov/legislation/100/SB/10000SB1402eng.htm | 04/27/2017 |
| Bill | http://www.ilga.gov/legislation/100/SB/PDF/10000SB1402eng.pdf | 04/27/2017 |
| Senate Amendment 001 | http://www.ilga.gov/legislation/100/SB/10000SB1402sam001.htm | 03/16/2017 |
| BillText | http://www.ilga.gov/legislation/100/SB/10000SB1402.htm | 02/10/2017 |
| Bill | http://www.ilga.gov/legislation/100/SB/PDF/10000SB1402.pdf | 02/10/2017 |
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