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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,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing 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
9
commenced within 28 days of the latter of filing of the
10
verified claim or the receipt of the notice from the seizing
11
agency by Form 4-64. A complaint for forfeiture or a notice of
12
pending forfeiture shall be served on a claimant if the
13
owner's or interest holder's name and current address are
14
known, then by either: (1) personal service;
or
(2) mailing a
15
copy of the notice by certified mail, return receipt
16
requested, and first class mail to that address
; or (3)
17
service by email as provided in subparagraph (B) of paragraph
18
(1) of subsection (f) of Supreme Court Rule 102. If the
19
property of the owner or interest holder is required by law to
20
be registered at a specific address, the notice provided in
21
paragraph (2) of this subsection may be satisfied by a single
22
certified mailed notice to the address of the registered
23
property
.

HB5296
- 2 -
LRB104 17356 RLC 30781 b
1

(b) If no signed return receipt is received by the State's
2
Attorney within 28 days of mailing or no communication from
3
the owner or interest holder is received by the State's
4
Attorney documenting actual notice by the parties, the State's
5
Attorney shall, within a reasonable period of time, mail a
6
second copy of the notice by certified mail, return receipt
7
requested, and first class mail to that address. If no signed
8
return receipt is received by the State's Attorney within 28
9
days of the second mailing, or no communication from the owner
10
or interest holder is received by the State's Attorney
11
documenting actual notice by the parties, the State's Attorney
12
shall have 60 days to attempt to serve the notice by personal
13
service, including substitute service by leaving a copy at the
14
usual place of abode with some person of the family or a person
15
residing there, of the age of 13 years or upwards. If, after 3
16
attempts at service in this manner, no service of the notice is
17
accomplished, the notice shall be posted in a conspicuous
18
manner at the address and service shall be made by the posting.
19
The attempts at service and the posting, if required, shall be
20
documented by the person attempting service which shall be
21
made part of a return of service returned to the State's
22
Attorney. The State's Attorney may utilize any Sheriff or
23
Deputy Sheriff, a peace officer, a private process server or
24
investigator, or an employee, agent, or investigator of the
25
State's Attorney's Office to attempt service without seeking
26
leave of court.

HB5296
- 3 -
LRB104 17356 RLC 30781 b
1

(c) After the procedures listed are followed, service
2
shall be effective on the owner or interest holder on the date
3
of receipt by the State's Attorney of a return receipt, or on
4
the date of receipt of a communication from an owner or
5
interest holder documenting actual notice, whichever is first
6
in time, or on the date of the last act performed by the
7
State's Attorney in attempting personal service. For purposes
8
of notice under this Section, if a person has been arrested for
9
the conduct giving rise to the forfeiture, the address
10
provided to the arresting agency at the time of arrest shall be
11
deemed to be that person's known address. Provided, however,
12
if an owner or interest holder's address changes prior to the
13
effective date of the notice of pending forfeiture, the owner
14
or interest holder shall promptly notify the seizing agency of
15
the change in address or, if the owner or interest holder's
16
address changes subsequent to the effective date of the notice
17
of pending forfeiture, the owner or interest holder shall
18
promptly notify the State's Attorney of the change in address.
19
If the property seized is a conveyance, notice shall also be
20
directed to the address reflected in the office of the agency
21
or official in which title to or interest in the conveyance is
22
required by law to be recorded.
23

(d) If the owner's or interest holder's address is not
24
known, and is not on record as provided in this Section,
25
service by publication for 3 successive weeks in a newspaper
26
of general circulation in the county in which the seizure

HB5296
- 4 -
LRB104 17356 RLC 30781 b
1
occurred shall suffice for service requirements.
2

(e) Notice to any business entity, corporation, limited
3
liability company, limited liability partnership, or
4
partnership shall be completed by a single mailing of a copy of
5
the notice by certified mail, return receipt requested, and
6
first class mail to that address. This notice is complete
7
regardless of the return of a signed return receipt.
8

(f) Notice to a person whose address is not within the
9
State shall be completed by a single mailing of a copy of the
10
notice by certified mail, return receipt requested, and first
11
class mail to that address. This notice is complete regardless
12
of the return of a signed return receipt.
13

(g) Notice to a person whose address is not within the
14
United States shall be completed by a single mailing of a copy
15
of the notice by certified mail, return receipt requested, and
16
first class mail to that address. This notice is complete
17
regardless of the return of a signed return receipt. If
18
certified mail is not available in the foreign country where
19
the person has an address, notice shall proceed by publication
20
requirements under subsection (d) of this Section.
21

(h) Notice to a person whom the State's Attorney
22
reasonably should know is incarcerated within this State shall
23
also include mailing a copy of the notice by certified mail,
24
return receipt requested, and first class mail to the address
25
of the detention facility with the inmate's name clearly
26
marked on the envelope.

HB5296
- 5 -
LRB104 17356 RLC 30781 b
1

(i) After a claimant files a verified claim with the
2
State's Attorney and provides an address at which the claimant
3
will accept service, the complaint shall be served and notice
4
shall be complete upon the mailing of the complaint to the
5
claimant at the address the claimant provided via certified
6
mail, return receipt requested, and first class mail. No
7
return receipt need be received, or any other attempts at
8
service need be made to comply with service and notice
9
requirements under this Section. This certified mailing,
10
return receipt requested, shall be proof of service of the
11
complaint on the claimant. If notice is to be shown by actual
12
notice from communication with a claimant, then the State's
13
Attorney shall file an affidavit as proof of service,
14
providing details of the communication, which shall be
15
accepted as proof of service by the court.
16

(j) If the property seized is a conveyance, notice shall
17
also be directed to the address reflected in the office of the
18
agency or official in which title to or interest in the
19
conveyance is required by law to be recorded by mailing a copy
20
of the notice by certified mail, return receipt requested, to
21
that address.
22

(k) Notice served under this Article is effective upon
23
personal service, the last date of publication, or the mailing
24
of 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
3
first attempted service of notice shall be commenced within 28
4
days of the receipt of the notice from the seizing agency by
5
Form 4-64. If the property seized is a conveyance, notice
6
shall also be directed to the address reflected in the office
7
of the agency or official in which title to or interest in the
8
conveyance is required by law to be recorded. A complaint for
9
forfeiture shall be served upon the property owner or interest
10
holder 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;
20
100-1163, eff. 12-20-18.)

21

Section 10.
The Drug Asset Forfeiture Procedure Act is
22
amended 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
1
attempted service of notice shall be commenced within 28 days
2
of the filing of the verified claim or the receipt of the
3
notice from the seizing agency by Illinois State Police
4
Notice/Inventory of Seized Property (Form 4-64), whichever
5
occurs sooner. A complaint for forfeiture or a notice of
6
pending forfeiture shall be served upon the property owner or
7
interest 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.)

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