People v. Black in Color Leather Vest with Attached Outlaws Motorcycle Club Patches

Illinois Appellate Court
Civil Court
Forfeiture
Citation
Case Number: 
2016 IL App (2d) 150495
Decision Date: 
Tuesday, February 23, 2016
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Claimant, the Outlaws Motorcycle Club, appeals from circuit court judgment ordering that 3 black leather vests with attached Outlaws' patches be forfeited. Time frame in Section 40 of Illinois Streetgang Terrorism Omnibus Prevention Act to initiate forfeiture proceedings begins to run when trial court enters a conviction in underlying criminal proceedings.  Defendants pled guilty to aggravated battery and mob action, and agreed to forfeit their jackets. As State initiated forfeiture proceedings within 60 days of date that Defendants pled guilty, State's action was timely. Wearing vests facilitated Defendants' goal of intimidation, to be achieved by violent means, if necessary, to show their dominance to others.  Thus, court properly found that vests and patches were derivative contraband subject to forfeiture.(ZENOFF and SPENCE, concurring.)