Illinois Compiled Statutes 740 ILCS 57/60 – Standard of proof; effect of criminal drug conviction
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(a) Proof of participation in the illegal drug market in an action brought under this Act shall be shown by clear and convincing evidence. Except as otherwise provided in this Act, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b) A person against whom recovery is sought who has a criminal conviction under state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C. § 801 et seq.) is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person’s participation in the illegal drug market during the 2 years preceding the date of an act giving rise to a conviction.
(c) The absence of criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
(b) A person against whom recovery is sought who has a criminal conviction under state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C. § 801 et seq.) is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person’s participation in the illegal drug market during the 2 years preceding the date of an act giving rise to a conviction.
Terms Used In Illinois Compiled Statutes 740 ILCS 57/60
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) The absence of criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.