Makes important changes to protect Illinois residents from unjust property forfeiture

Press Release from Governor Bruce Rauner

CHICAGO – Gov. Bruce Rauner today signed HB303, bipartisan legislation aimed at reforming Illinois’ asset forfeiture system. The reforms will increase transparency and shift burdens of proof to protect innocent citizens while maintaining the proper use of asset forfeiture as a tool for law enforcement. Gov. Rauner was joined by Illinois State Police (ISP) officials, ACLU members, legislators, and advocate organizations.

“Illinois residents should be protected from the unfair seizure of their private property,” Gov. Rauner said. “This legislation will enact needed reforms to prevent abuse of the civil asset forfeiture process, while maintaining its importance as a critical tool for law enforcement to make our communities safer.”

When properly applied, asset forfeiture strikes at the economic foundation of criminal activity. The seizure of monetary assets has been utilized as an effective method to disrupt the business activities of drug trafficking organizations and bring down high-level drug distributors.

However, if asset forfeiture is misused, it can have major economic ramifications on Illinoisans who may be innocent of any wrongdoing. The forfeiture of cash, a vehicle, or even a home can also affect their family members and exacerbate financial insecurity.

This important piece of legislation will provide for greater public transparency in Asset Forfeiture proceedings through the collection and publicly accessible reporting of forfeiture data, as well as additional sanction authority for abuse and violations of forfeiture rules by the ISP.

HB 303 also shifts the burden of proving guilt to the government, and increases the burden of proof to mirror that of the federal government in forfeiture cases from probable cause to a preponderance of the evidence, a fair and equitable standard. It also makes a number of other changes such as eliminating restrictive bonding requirements and adjusting the threshold amounts of money subject to forfeiture as well as the levels of cannabis and controlled substance possession that can lead to forfeiture proceedings as a way to thoughtfully limit the use of this system to its intended purposes.

Funds received through the Asset Forfeiture Program support the costs of law enforcement overtime and wire intercepts for major investigations, training, intelligence centers, prevention programs and investigative equipment.

“I am glad Illinois has taken this dramatic step forward, especially while the federal government seems poised to go backwards on this issue,” said state Sen. Don Harmon (D-Oak Park).  “It’s a simple concept – the government should have to prove that it has a right to take your property, not the other way around.”

“Asset forfeiture laws target the heart of much criminal activity – the financial gain. However, as with any law, we need to make sure it does not unduly burden those who may be innocent,” said state Sen. Tim Bivins (R-Dixon), a cosponsor of the law who served more than 32 years in law enforcement, 20 years as Lee County Sheriff. “House Bill 303 makes sure that the spirit of civil asset forfeiture is not abused.”

“We must strike the proper balance between targeting criminal enterprises and safeguarding the rights of innocent property owners,” said state Sen. Michael Connelly (R-Naperville). “The Institute for Justice gave Illinois a D- for our current civil forfeiture laws. The law signed today seeks to improve the current system by providing increased protections for property owners and requiring greater accountability from law enforcement.”

“Civil asset forfeiture in Illinois and across this country is out of control—Americans lose more of their property each year to forfeiture than to burglary,” state Rep. Will Guzzardi (D-Chicago) said. “This landmark bill gives Illinoisans some of the strongest protections against unjust forfeitures in the country, and it’s a crucial step in restoring faith between civilians and law enforcement.”

“Civil asset forfeiture reform is an important step to ensure the Constitutional rights of Illinoisans are being protected,” said state Rep. Tom Demmer (R-Rochelle). “This law protects property rights, reduces the chance for abuses of power, and defends the rights of the individual. I’m proud to support this bipartisan initiative.”

Attached photo may be used for publication. Video of the event will be posted here.

SPRINGFIELD, IL  – The Illinois Department of Public Health (IDPH) has confirmed the first human West Nile virus-related death in Illinois for 2017.  A Kankakee County resident who tested positive for West Nile virus died earlier this month.

“Although we will soon start seeing cooler weather, West Nile virus is still a concern,” said IDPH Director Nirav D. Shah, M.D., J.D.  “It’s important for everyone to continue taking precautions like using insect repellent, wearing long sleeve shirts and pants, and staying indoors between dusk and dawn.”

IDPH reported the first human case of West Nile virus in Illinois this year on July 20, 2017 and IDPH is currently reporting 37 human cases.  Last year there were 155 human cases, including six deaths.

West Nile virus is transmitted through the bite of a mosquito.  Common symptoms include fever, nausea, headache and muscle aches.  Symptoms may last from a few days to a few weeks.  However, four out of five people infected with West Nile virus will not show any symptoms.  In rare cases, severe illness including meningitis or encephalitis, or even death, can occur.  People older than 50 and immunocompromised individuals are at higher risk for severe illness.

Remember to take some simple precautions to reduce the number of mosquitoes around your home and protect yourself from being bitten.

• Minimize being outdoors when mosquitoes transmitting West Nile virus are most active, especially between dusk and dawn.

• When outdoors, wear shoes and socks, long pants and a long-sleeved shirt, and apply insect repellent that contains DEET, picaridin, oil of lemon eucalyptus or IR 3535, according to label instructions.  Consult a physician before using repellents on infants.

• Eliminate all sources of standing water where mosquitoes can breed, such as old tires, buckets and other receptacles, or refresh the water in bird baths, flowerpots and wading pools every couple days.

Additional information about West Nile virus can be found on the IDPH website.

Drop, Cover and Hold On’ Drill Set for October 19

SPRINGFIELD, IL – On Oct. 19 at 10:19 a.m., millions of people in the U.S. and around the globe will take a few minutes to practice three simple actions that could save their lives during a major earthquake. The Illinois Emergency Management Agency (IEMA) and municipal and county emergency management agencies are encouraging Illinois residents to drop, cover and hold on during The Great ShakeOut earthquake drill.

“Earthquakes occur without warning, so it’s important to know what to do as soon as you feel the earth shake,” said IEMA Director James K. Joseph. “With two seismic zones in southern Illinois and residents who travel throughout the world, it’s important that everyone knows how to stay safe during an earthquake. The drill takes only a few minutes, but the lessons learned could save your life.”

The Great ShakeOut drill centers around the drop, cover and hold on actions: drop down to the ground, take cover under a table or other piece of heavy furniture, and then hold on until the shaking stops.

In October 2016, nearly 500,000 Illinoisans took part in the ShakeOut drill. To date, more than 300,000 people in Illinois are registered for this year’s event.

Some of the most powerful earthquakes to ever occur in the U.S. happened in the winter of 1811-12 in the New Madrid Seismic Zone, which reaches into southwestern Illinois. That series of earthquakes lasted for several months and shaking was felt as far away as the East Coast. A similar earthquake today could cause catastrophic damage in a region that is much more developed and populated than in the early 1800s.

Schools, businesses, government agencies, families and others can register to participate in the drill at www.shakeout.org/centralus. Registered participants will receive additional information about the drill and earthquake preparedness. While the international drill will take place on Oct. 19, individual drills can be conducted anytime within two weeks of that date.

Additional information about the earthquake risk in Illinois and steps to take before, during and after an earthquake is available at www.Ready.Illinois.gov.