Bill
HB 5296
The bill allows forfeiture notices to be served by email, alongside mail and personal service, with specific procedures if no notice is received.
Title: NOTICE FORFEITURE-EMAIL
Jurisdiction: Illinois
Sponsor: Rep. Will Guzzardi
Status: Introduced February 10, 2026; referred to Judiciary – Criminal Committee. (Recent actions indicate movement through rules and calendar, as of April 2026.)
Core purpose
- The bill amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act to authorize service of notice in forfeiture proceedings by email, in addition to existing methods (personal service, certified mail, etc.). It also clarifies when certain alternative notice methods may be used, particularly where property is required to be registered at a specific address.
Key provisions and changes
1) General rule for notice in forfeiture actions
- Forfeiture notices to owners or interest holders may be served by:
- Personal service, or
- Certified mail (return receipt requested) plus first-class mail, to the known address, or
- Email service as provided in Supreme Court Rule 102 (subparagraph (f) of subsection (1) of §29B-10, and analogous in §36-2.1)
- If property is required to be registered at a specific address, a single certified mail to the registered address can satisfy notice.
2) Procedures if no receipt or notice is received
- If no signed return receipt is received within 28 days, or no communication documenting actual notice is received, the State’s Attorney must:
- Mail a second copy by certified mail/first class mail.
- If still no receipt or communication after 28 days, have 60 days to attempt personal service (including substitute service at the usual abode with an occupant age 13+).
- If after three such attempts no service is accomplished, notice may be posted conspicuously at the address.
- Documentation of service attempts and posting becomes part of the return.
3) Timing and effectiveness
- Notice becomes effective on the earliest of:
- Receipt of a return receipt (or actual notice) or
- Last act by the State’s Attorney in attempting service, whichever is first.
4) Address changes and conveyances
- Owners/interest holders must promptly notify the seizing agency or State’s Attorney of address changes.
- If the seized property is a conveyance, notice must also be directed to the address reflected in the recording office.
5) Notices for various entities and international contexts
- Business entities (corporations, LLCs, LPs, partnerships) receive notice by a single certified mail/first-class mail to the entity address; return receipt is not required for completeness.
- If an address is outside the State or the United States, notices by certified mail/first-class mail are still completed, with publication as a fallback if no known address exists (three weeks, successive).
- For incarcerated individuals within the State, a notice copy must also be mailed to the detention facility with the inmate’s name clearly marked.
6) Drug Asset Forfeiture Procedure Act alignment
- Similar notice provisions are adopted in the Drug Asset Forfeiture Procedure Act (725 ILCS 150/4).
7) Proof of service
- If notice is shown by actual notice (communication with a claimant), the State’s Attorney may file an affidavit detailing the communication as proof of service.
Who is affected
- Owners or interest holders in property subject to forfeiture actions (including conveyances like vehicles).
- Claimants who file verified claims with addresses for service.
- Businesses (corporations, LLCs, partnerships) and, in some cases, international or incarcerated individuals who are subject to forfeiture proceedings in Illinois.
Procedural/timeline notes
- Initial notice attempt must begin within 28 days of the filing of the verified claim or receipt of Form 4-64.
- The statute prescribes sequence and timing for service attempts (28-day response windows, 60-day service window, multiple mailings, possible posting, and use of various officials to effect service).
- The bill incorporates email service as a permissible method consistent with Supreme Court Rule 102.
Impact considerations
- Potentially faster or broader methods to provide notice, reducing delays in forfeiture proceedings where traditional service is challenging.
- Greater reliance on email may increase efficiency but requires accurate contact information and compliance with Supreme Court Rule 102.
- Maintains traditional protections by requiring multiple attempts and allowing posting or publication if addresses cannot be determined.
Note
- The text references amendments to 720 ILCS 5/29B-10, 720 ILCS 5/36-2.1, and 725 ILCS 150/4, along with alignment to Supreme Court Rule 102 for email service.
Compiled from official sources — confirm details with the bill’s official record.
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