HB 5296

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Full Text of HB5296
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	HB5296 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5296
Introduced 2/10/2026, by Rep. Will Guzzardi
SYNOPSIS AS INTRODUCED:
720 ILCS 5/29B-10
720 ILCS 5/36-2.1
725 ILCS 150/4	  from Ch. 56 1/2, par. 1674
Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. In various forfeiture proceedings, provides that notice of the proceedings to the owner or interest holder of the property may be satisfied by service by email as provided in Illinois Supreme Court Rule. Provides that if the property of the owner or interest holder is required by law to be registered at a specific address, the notice may be satisfied by a single certified mailed notice to the address of the registered property.
LRB104 17356 RLC 30781 b
A BILL FOR
		HB5296		LRB104 17356 RLC 30781 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 29B-10 and 36-2.1 as follows:
6    (720 ILCS 5/29B-10)
7    Sec. 29B-10. Notice to owner or interest holder.
8    (a) The first attempted service of notice shall be
9commenced within 28 days of the latter of filing of the
10verified claim or the receipt of the notice from the seizing
11agency by Form 4-64. A complaint for forfeiture or a notice of
12pending forfeiture shall be served on a claimant if the
13owner's or interest holder's name and current address are
14known, then by either: (1) personal service; [or] (2) mailing a
15copy of the notice by certified mail, return receipt
16requested, and first class mail to that address; or (3) 
17service by email as provided in subparagraph (B) of paragraph 
18(1) of subsection (f) of Supreme Court Rule 102. If the 
19property of the owner or interest holder is required by law to 
20be registered at a specific address, the notice provided in 
21paragraph (2) of this subsection may be satisfied by a single 
22certified mailed notice to the address of the registered 
23property.
		HB5296	- 2 -	LRB104 17356 RLC 30781 b
1    (b) If no signed return receipt is received by the State's
2Attorney within 28 days of mailing or no communication from
3the owner or interest holder is received by the State's
4Attorney documenting actual notice by the parties, the State's
5Attorney shall, within a reasonable period of time, mail a
6second copy of the notice by certified mail, return receipt
7requested, and first class mail to that address. If no signed
8return receipt is received by the State's Attorney within 28
9days of the second mailing, or no communication from the owner
10or interest holder is received by the State's Attorney
11documenting actual notice by the parties, the State's Attorney
12shall have 60 days to attempt to serve the notice by personal
13service, including substitute service by leaving a copy at the
14usual place of abode with some person of the family or a person
15residing there, of the age of 13 years or upwards. If, after 3
16attempts at service in this manner, no service of the notice is
17accomplished, the notice shall be posted in a conspicuous
18manner at the address and service shall be made by the posting.
19The attempts at service and the posting, if required, shall be
20documented by the person attempting service which shall be
21made part of a return of service returned to the State's
22Attorney. The State's Attorney may utilize any Sheriff or
23Deputy Sheriff, a peace officer, a private process server or
24investigator, or an employee, agent, or investigator of the
25State's Attorney's Office to attempt service without seeking
26leave of court.
		HB5296	- 3 -	LRB104 17356 RLC 30781 b
1    (c) After the procedures listed are followed, service
2shall be effective on the owner or interest holder on the date
3of receipt by the State's Attorney of a return receipt, or on
4the date of receipt of a communication from an owner or
5interest holder documenting actual notice, whichever is first
6in time, or on the date of the last act performed by the
7State's Attorney in attempting personal service. For purposes
8of notice under this Section, if a person has been arrested for
9the conduct giving rise to the forfeiture, the address
10provided to the arresting agency at the time of arrest shall be
11deemed to be that person's known address. Provided, however,
12if an owner or interest holder's address changes prior to the
13effective date of the notice of pending forfeiture, the owner
14or interest holder shall promptly notify the seizing agency of
15the change in address or, if the owner or interest holder's
16address changes subsequent to the effective date of the notice
17of pending forfeiture, the owner or interest holder shall
18promptly notify the State's Attorney of the change in address.
19If the property seized is a conveyance, notice shall also be
20directed to the address reflected in the office of the agency
21or official in which title to or interest in the conveyance is
22required by law to be recorded.
23    (d) If the owner's or interest holder's address is not
24known, and is not on record as provided in this Section,
25service by publication for 3 successive weeks in a newspaper
26of general circulation in the county in which the seizure
		HB5296	- 4 -	LRB104 17356 RLC 30781 b
1occurred shall suffice for service requirements.
2    (e) Notice to any business entity, corporation, limited
3liability company, limited liability partnership, or
4partnership shall be completed by a single mailing of a copy of
5the notice by certified mail, return receipt requested, and
6first class mail to that address. This notice is complete
7regardless of the return of a signed return receipt.
8    (f) Notice to a person whose address is not within the
9State shall be completed by a single mailing of a copy of the
10notice by certified mail, return receipt requested, and first
11class mail to that address. This notice is complete regardless
12of the return of a signed return receipt.
13    (g) Notice to a person whose address is not within the
14United States shall be completed by a single mailing of a copy
15of the notice by certified mail, return receipt requested, and
16first class mail to that address. This notice is complete
17regardless of the return of a signed return receipt. If
18certified mail is not available in the foreign country where
19the person has an address, notice shall proceed by publication
20requirements under subsection (d) of this Section.
21    (h) Notice to a person whom the State's Attorney
22reasonably should know is incarcerated within this State shall
23also include mailing a copy of the notice by certified mail,
24return receipt requested, and first class mail to the address
25of the detention facility with the inmate's name clearly
26marked on the envelope.
		HB5296	- 5 -	LRB104 17356 RLC 30781 b
1    (i) After a claimant files a verified claim with the
2State's Attorney and provides an address at which the claimant
3will accept service, the complaint shall be served and notice
4shall be complete upon the mailing of the complaint to the
5claimant at the address the claimant provided via certified
6mail, return receipt requested, and first class mail. No
7return receipt need be received, or any other attempts at
8service need be made to comply with service and notice
9requirements under this Section. This certified mailing,
10return receipt requested, shall be proof of service of the
11complaint on the claimant. If notice is to be shown by actual
12notice from communication with a claimant, then the State's
13Attorney shall file an affidavit as proof of service,
14providing details of the communication, which shall be
15accepted as proof of service by the court.
16    (j) If the property seized is a conveyance, notice shall
17also be directed to the address reflected in the office of the
18agency or official in which title to or interest in the
19conveyance is required by law to be recorded by mailing a copy
20of the notice by certified mail, return receipt requested, to
21that address.
22    (k) Notice served under this Article is effective upon
23personal service, the last date of publication, or the mailing
24of written notice, whichever is earlier.
25(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
		HB5296	- 6 -	LRB104 17356 RLC 30781 b
1    (720 ILCS 5/36-2.1)
2    Sec. 36-2.1. Notice to owner or interest holder.  The
3first attempted service of notice shall be commenced within 28
4days of the receipt of the notice from the seizing agency by
5Form 4-64. If the property seized is a conveyance, notice
6shall also be directed to the address reflected in the office
7of the agency or official in which title to or interest in the
8conveyance is required by law to be recorded. A complaint for
9forfeiture shall be served upon the property owner or interest
10holder in the following manner:
11        (1) If the owner's or interest holder's name and
12    current address are known, then by either:
13            (A) personal service; [or]
14            (B) mailing a copy of the notice by certified
15        mail, return receipt requested, and first class mail
16        to that address; or
17            (C) service by email as provided in subparagraph 
18        (B) of paragraph (1) of subsection (f) of Supreme 
19        Court Rule 102.
20        If the property of the owner or interest holder is 
21    required by law to be registered at a specific address, 
22    the notice provided in subparagraph (B) of paragraph (1) 
23    may be satisfied by a single certified mailed notice to 
24    the address of the registered property.
25                (i) If notice is sent by certified mail and no
26            signed return receipt is received by the State's
		HB5296	- 7 -	LRB104 17356 RLC 30781 b
1            Attorney within 28 days of mailing, and no
2            communication from the owner or interest holder is
3            received by the State's Attorney documenting
4            actual notice by said parties, the State's
5            Attorney shall, within a reasonable period of
6            time, mail a second copy of the notice by
7            certified mail, return receipt requested, and
8            first class mail to that address.
9                (ii) If no signed return receipt is received
10            by the State's Attorney within 28 days of the
11            second attempt at service by certified mail, and
12            no communication from the owner or interest holder
13            is received by the State's Attorney documenting
14            actual notice by said parties, the State's
15            Attorney shall have 60 days to attempt to serve
16            the notice by personal service, which also
17            includes substitute service by leaving a copy at
18            the usual place of abode with some person of the
19            family or a person residing there, of the age of 13
20            years or upwards. If, after 3 attempts at service
21            in this manner, no service of the notice is
22            accomplished, then the notice shall be posted in a
23            conspicuous manner at this address and service
24            shall be made by the posting.
25            The attempts at service and the posting, if
26        required, shall be documented by the person attempting
		HB5296	- 8 -	LRB104 17356 RLC 30781 b
1        service and said documentation shall be made part of a
2        return of service returned to the State's Attorney.
3            The State's Attorney may utilize a Sheriff or
4        Deputy Sheriff, any peace officer, a private process
5        server or investigator, or any employee, agent, or
6        investigator of the State's Attorney's office to
7        attempt service without seeking leave of court.
8            After the procedures are followed, service shall
9        be effective on an owner or interest holder on the date
10        of receipt by the State's Attorney of a return
11        receipt, or on the date of receipt of a communication
12        from an owner or interest holder documenting actual
13        notice, whichever is first in time, or on the date of
14        the last act performed by the State's Attorney in
15        attempting personal service under item (ii) of this
16        paragraph (1). If notice is to be shown by actual
17        notice from communication with a claimant, then the
18        State's Attorney shall file an affidavit providing
19        details of the communication, which shall be accepted
20        as sufficient proof of service by the court.
21            For purposes of notice under this Section, if a
22        person has been arrested for the conduct giving rise
23        to the forfeiture, the address provided to the
24        arresting agency at the time of arrest shall be deemed
25        to be that person's known address. Provided, however,
26        if an owner or interest holder's address changes prior
		HB5296	- 9 -	LRB104 17356 RLC 30781 b
1        to the effective date of the complaint for forfeiture,
2        the owner or interest holder shall promptly notify the
3        seizing agency of the change in address or, if the
4        owner or interest holder's address changes subsequent
5        to the effective date of the notice of pending
6        forfeiture, the owner or interest holder shall
7        promptly notify the State's Attorney of the change in
8        address; or if the property seized is a conveyance, to
9        the address reflected in the office of the agency or
10        official in which title to or interest in the
11        conveyance is required by law to be recorded.
12        (2) If the owner's or interest holder's address is not
13    known, and is not on record, then notice shall be served by
14    publication for 3 successive weeks in a newspaper of
15    general circulation in the county in which the seizure
16    occurred.
17        (3) Notice to any business entity, corporation,
18    limited liability company, limited liability partnership,
19    or partnership shall be completed by a single mailing of a
20    copy of the notice by certified mail, return receipt
21    requested, and first class mail to that address. This
22    notice is complete regardless of the return of a signed
23    return receipt.
24        (4) Notice to a person whose address is not within the
25    State shall be completed by a single mailing of a copy of
26    the notice by certified mail, return receipt requested,
		HB5296	- 10 -	LRB104 17356 RLC 30781 b
1    and first class mail to that address. This notice is
2    complete regardless of the return of a signed return
3    receipt.
4        (5) Notice to a person whose address is not within the
5    United States shall be completed by a single mailing of a
6    copy of the notice by certified mail, return receipt
7    requested, and first class mail to that address. This
8    notice shall be complete regardless of the return of a
9    signed return receipt. If certified mail is not available
10    in the foreign country where the person has an address,
11    then notice shall proceed by publication under paragraph
12    (2) of this Section.
13        (6) Notice to any person whom the State's Attorney
14    reasonably should know is incarcerated within the State
15    shall also include mailing a copy of the notice by
16    certified mail, return receipt requested, and first class
17    mail to the address of the detention facility with the
18    inmate's name clearly marked on the envelope.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
20100-1163, eff. 12-20-18.)
21    Section 10. The Drug Asset Forfeiture Procedure Act is
22amended by changing Section 4 as follows:
23    (725 ILCS 150/4)  (from Ch. 56 1/2, par. 1674)
24    Sec. 4. Notice to owner or interest holder. The first
		HB5296	- 11 -	LRB104 17356 RLC 30781 b
1attempted service of notice shall be commenced within 28 days
2of the filing of the verified claim or the receipt of the
3notice from the seizing agency by Illinois State Police
4Notice/Inventory of Seized Property (Form 4-64), whichever
5occurs sooner. A complaint for forfeiture or a notice of
6pending forfeiture shall be served upon the property owner or
7interest holder in the following manner:
8        (1) If the owner's or interest holder's name and
9    current address are known, then by either:
10            (A) personal service; [or]
11            (B) mailing a copy of the notice by certified
12        mail, return receipt requested, and first class mail
13        to that address.
14                (i) If notice is sent by certified mail and no
15            signed return receipt is received by the State's
16            Attorney within 28 days of mailing, and no
17            communication from the owner or interest holder is
18            received by the State's Attorney documenting
19            actual notice by said parties, then the State's
20            Attorney shall, within a reasonable period of
21            time, mail a second copy of the notice by
22            certified mail, return receipt requested, and
23            first class mail to that address.
24                (ii) If no signed return receipt is received
25            by the State's Attorney within 28 days of the
26            second attempt at service by certified mail, and
		HB5296	- 12 -	LRB104 17356 RLC 30781 b
1            no communication from the owner or interest holder
2            is received by the State's Attorney documenting
3            actual notice by said parties, then the State's
4            Attorney shall have 60 days to attempt to serve
5            the notice by personal service, which also
6            includes substitute service by leaving a copy at
7            the usual place of abode, with some person of the
8            family or a person residing there, of the age of 13
9            years or upwards. If, after 3 attempts at service
10            in this manner, no service of the notice is
11            accomplished, then the notice shall be posted in a
12            conspicuous manner at this address and service
13            shall be made by posting; or [.]
14            (C) service by email as provided in subparagraph 
15        (B) of paragraph (1) of subsection (f) of Supreme 
16        Court Rule 102.
17        If the property of the owner or interest holder is 
18    required by law to be registered at a specific address, 
19    the notice provided in subparagraph (B) of paragraph (1) 
20    may be satisfied by a single certified mailed notice to 
21    the address of the registered property.
22                The attempts at service and the posting, if
23            required, shall be documented by the person
24            attempting service and said documentation shall be
25            made part of a return of service returned to the
26            State's Attorney.
		HB5296	- 13 -	LRB104 17356 RLC 30781 b
1                The State's Attorney may utilize any Sheriff
2            or Deputy Sheriff, any peace officer, a private
3            process server or investigator, or any employee,
4            agent, or investigator of the State's Attorney's
5            Office to attempt service without seeking leave of
6            court.
7                After the procedures set forth are followed,
8            service shall be effective on an owner or interest
9            holder on the date of receipt by the State's
10            Attorney of a return receipt, or on the date of
11            receipt of a communication from an owner or
12            interest holder documenting actual notice,
13            whichever is first in time, or on the date of the
14            last act performed by the State's Attorney in
15            attempting personal service under subparagraph
16            (ii) above. If notice is to be shown by actual
17            notice from communication with a claimant, then
18            the State's Attorney shall file an affidavit
19            providing details of the communication, which may
20            be accepted as sufficient proof of service by the
21            court.
22                After a claimant files a verified claim with
23            the State's Attorney and provides an address at
24            which the claimant will accept service, the
25            complaint shall be served and notice shall be
26            perfected upon mailing of the complaint to the
		HB5296	- 14 -	LRB104 17356 RLC 30781 b
1            claimant at the address the claimant provided via
2            certified mail, return receipt requested, and
3            first class mail. No return receipt need be
4            received, or any other attempts at service need be
5            made to comply with service and notice
6            requirements under this Act. This certified
7            mailing, return receipt requested, shall be proof
8            of service of the complaint on the claimant.
9                For purposes of notice under this Section, if
10            a person has been arrested for the conduct giving
11            rise to the forfeiture, then the address provided
12            to the arresting agency at the time of arrest
13            shall be deemed to be that person's known address.
14            Provided, however, if an owner or interest
15            holder's address changes prior to the effective
16            date of the notice of pending forfeiture, the
17            owner or interest holder shall promptly notify the
18            seizing agency of the change in address or, if the
19            owner or interest holder's address changes
20            subsequent to the effective date of the notice of
21            pending forfeiture, the owner or interest holder
22            shall promptly notify the State's Attorney of the
23            change in address; or if the property seized is a
24            conveyance, to the address reflected in the office
25            of the agency or official in which title to or
26            interest in the conveyance is required by law to
		HB5296	- 15 -	LRB104 17356 RLC 30781 b
1            be recorded.
2        (2) If the owner's or interest holder's address is not
3    known, and is not on record, then notice shall be served by
4    publication for 3 successive weeks in a newspaper of
5    general circulation in the county in which the seizure
6    occurred.
7        (3) After a claimant files a verified claim with the
8    State's Attorney and provides an address at which the
9    claimant will accept service, the complaint shall be
10    served and notice shall be perfected upon mailing of the
11    complaint to the claimant at the address the claimant
12    provided via certified mail, return receipt requested, and
13    first class mail. No return receipt need be received or
14    any other attempts at service need be made to comply with
15    service and notice requirements under this Act. This
16    certified mailing, return receipt requested, shall be
17    proof of service of the complaint on the claimant.
18        (4) Notice to any business entity, corporation,
19    limited liability company, limited liability partnership,
20    or partnership shall be completed by a single mailing of a
21    copy of the notice by certified mail, return receipt
22    requested, and first class mail to that address. This
23    notice is complete regardless of the return of a signed
24    return receipt.
25        (5) Notice to a person whose address is not within the
26    State shall be completed by a single mailing of a copy of
		HB5296	- 16 -	LRB104 17356 RLC 30781 b
1    the notice by certified mail, return receipt requested,
2    and first class mail to that address. This notice is
3    complete regardless of the return of a signed return
4    receipt.
5        (6) Notice to a person whose address is not within the
6    United States shall be completed by a single mailing of a
7    copy of the notice by certified mail, return receipt
8    requested, and first class mail to that address. This
9    notice shall be complete regardless of the return of a
10    signed return receipt. If certified mail is not available
11    in the foreign country where the person has an address,
12    then notice shall proceed by publication under paragraph
13    (2) of this Section.
14        (7) Notice to any person whom the State's Attorney
15    reasonably should know is incarcerated within the State
16    shall also include the mailing a copy of the notice by
17    certified mail, return receipt requested, and first class
18    mail to the address of the detention facility with the
19    inmate's name clearly marked on the envelope.
20(Source: P.A. 102-538, eff. 8-20-21.)