Criminal Victims' Asset Discovery Act (725 ILCS 145/)

Chapter 725 — Criminal Procedure

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1. Short title

This Act may be cited as the Criminal Victims' Asset Discovery Act.

(Source: P.A. 87-1157.)

Sec. 2. Definitions

The following words and phrases when used in this Act shall, for the purposes of this Act, have the meanings respectively ascribed to them except when the context requires otherwise.

(Source: P.A. 81-906.)

Sec. 2.1.

"Person" means every natural person, firm, partnership, association, corporation or other legal entity.

(Source: P.A. 81-906.)

Sec. 2.3.

"Victim" means a person killed or physically injured in this State as a result of a crime perpetrated or attempted against that person.

(Source: P.A. 81-906.)

Sec. 3. Deposition; assets of criminal

(a) Any person who has been convicted of first degree murder, a Class X felony, or aggravated kidnapping in this State, or who has been found not guilty by reason of insanity or guilty but mentally ill of first degree murder, a Class X felony, or aggravated kidnapping, involving a victim as described in Section 2.3, or any other person who has reasonable grounds to know of any assets of the person convicted of first degree murder, a Class X felony, or aggravated kidnapping, or who has been found not guilty by reason of insanity or guilty but mentally ill of first degree murder, a Class X felony, or aggravated kidnapping, may be deposed by the victim or the victim's legal representative concerning those assets.

(b) Upon written request of the victim, the Department of Corrections shall notify the victim of any assets of the person convicted of first degree murder, a Class X felony, or aggravated kidnapping, or found not guilty by reason of insanity or guilty but mentally ill of first degree murder, a Class X felony, or aggravated kidnapping, known by the Department.

(c) The victim may seek attachment against the property of the person convicted of first degree murder, a Class X felony, or aggravated kidnapping, or found not guilty by reason of insanity or guilty but mentally ill of first degree murder, a Class X felony, or aggravated kidnapping, against him or her.

(Source: P.A. 87-1157; 88-378.)