§ 5/12-903.5 Drug asset forfeitures

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article XII > Part 9 : 5/12-903.5 Drug

§ 12-903.5. Drug asset forfeitures.

    (a) The homestead exemption under this Part 9 of Article XII [FN1] does not apply to property subject to forfeiture under Section 505 of the Illinois Controlled Substances Act, Section 12 of the Cannabis Control Act, Section 85 of the Methamphetamine Control and Community Protection Act, or Section 5 of the Narcotics Profit Forfeiture Act. [FN2]

    (b) This Section applies to actions pending on or commenced on or after the effective date of this Section.
[FN1] 735 ILCS 5/12-901 et seq.

    [FN2] 720 ILCS 570/505, 720 ILCS 550/12, or 725 ILCS 175/5.

    VALIDITY

    Public Act 89-404, which amended this section, has been held unconstitutional in its entirety for violating the singlesubject rule of the state Constitution by the Supreme Court of Illinois in the case of People v. Reedy, 1999, 186 Ill.2d 1, 237 Ill.Dec. 74, 708 N.E.2d 1114, rehearing denied. P.A. 90-593 reenacted this section.