Rep. Dennis M. Reboletti

Filed: 5/7/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2270

2    AMENDMENT NO. ______. Amend Senate Bill 2270 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 36-1 as follows:
 
6    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
7    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
8with the knowledge and consent of the owner in the commission
9of, or in the attempt to commit as defined in Section 8-4 of
10this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
1111-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a
12place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
1311-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
1412-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of
15precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1,
1620-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code,

 

 

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1subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2),
2(e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
3paragraph (a) of Section 12-4 of this Code, paragraph (a) of
4Section 11-1.50, paragraph (a) of Section 12-15, paragraph (a),
5(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d)
6of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of
7Section 24-1 of this Code; (b) Section 21, 22, 23, 24 or 26 of
8the Cigarette Tax Act if the vessel, vehicle or aircraft
9contains more than 10 cartons of such cigarettes; (c) Section
1028, 29 or 30 of the Cigarette Use Tax Act if the vessel,
11vehicle or aircraft contains more than 10 cartons of such
12cigarettes; (d) Section 44 of the Environmental Protection Act;
13(e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
14under the influence of alcohol or other drug or drugs,
15intoxicating compound or compounds or any combination thereof
16under Section 11-501 of the Illinois Vehicle Code during a
17period in which his or her driving privileges are revoked or
18suspended where the revocation or suspension was for driving
19under the influence of alcohol or other drug or drugs,
20intoxicating compound or compounds or any combination thereof,
21Section 11-501.1, paragraph (b) of Section 11-401, or for
22reckless homicide as defined in Section 9-3 of the Criminal
23Code of 1961 or the Criminal Code of 2012; (2) driving while
24under the influence of alcohol, other drug or drugs,
25intoxicating compound or compounds or any combination thereof
26and has been previously convicted of reckless homicide or a

 

 

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1similar provision of a law of another state relating to
2reckless homicide in which the person was determined to have
3been under the influence of alcohol, other drug or drugs, or
4intoxicating compound or compounds as an element of the offense
5or the person has previously been convicted of committing a
6violation of driving under the influence of alcohol or other
7drug or drugs, intoxicating compound or compounds or any
8combination thereof and was involved in a motor vehicle
9accident that resulted in death, great bodily harm, or
10permanent disability or disfigurement to another, when the
11violation was a proximate cause of the death or injuries; (3)
12the person committed a violation of driving under the influence
13of alcohol or other drug or drugs, intoxicating compound or
14compounds or any combination thereof under Section 11-501 of
15the Illinois Vehicle Code or a similar provision for the third
16or subsequent time; (4) the person committed the violation
17while he or she did not possess a driver's license or permit or
18a restricted driving permit or a judicial driving permit or a
19monitoring device driving permit; or (5) the person committed
20the violation while he or she knew or should have known that
21the vehicle he or she was driving was not covered by a
22liability insurance policy; (g) an offense described in
23subsection (g) of Section 6-303 of the Illinois Vehicle Code;
24or (h) an offense described in subsection (e) of Section 6-101
25of the Illinois Vehicle Code; (i) home repair fraud as defined
26in Section 3 of the Home Repair Fraud Act; or (j) aggravated

 

 

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1home repair fraud as defined in Section 5 of the Home Repair
2Fraud Act; may be seized and delivered forthwith to the sheriff
3of the county of seizure.
4    Within 15 days after such delivery the sheriff shall give
5notice of seizure to each person according to the following
6method: Upon each such person whose right, title or interest is
7of record in the office of the Secretary of State, the
8Secretary of Transportation, the Administrator of the Federal
9Aviation Agency, or any other Department of this State, or any
10other state of the United States if such vessel, vehicle or
11aircraft is required to be so registered, as the case may be,
12by mailing a copy of the notice by certified mail to the
13address as given upon the records of the Secretary of State,
14the Department of Aeronautics, Department of Public Works and
15Buildings or any other Department of this State or the United
16States if such vessel, vehicle or aircraft is required to be so
17registered. Within that 15 day period the sheriff shall also
18notify the State's Attorney of the county of seizure about the
19seizure.
20    In addition, any mobile or portable equipment used in the
21commission of an act which is in violation of Section 7g of the
22Metropolitan Water Reclamation District Act shall be subject to
23seizure and forfeiture under the same procedures provided in
24this Article for the seizure and forfeiture of vessels,
25vehicles and aircraft, and any such equipment shall be deemed a
26vessel, vehicle or aircraft for purposes of this Article.

 

 

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1    When a person discharges a firearm at another individual
2from a vehicle with the knowledge and consent of the owner of
3the vehicle and with the intent to cause death or great bodily
4harm to that individual and as a result causes death or great
5bodily harm to that individual, the vehicle shall be subject to
6seizure and forfeiture under the same procedures provided in
7this Article for the seizure and forfeiture of vehicles used in
8violations of clauses (a), (b), (c), or (d) of this Section.
9    If the spouse of the owner of a vehicle seized for an
10offense described in subsection (g) of Section 6-303 of the
11Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
12(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1311-501 of the Illinois Vehicle Code, or Section 9-3 of this
14Code makes a showing that the seized vehicle is the only source
15of transportation and it is determined that the financial
16hardship to the family as a result of the seizure outweighs the
17benefit to the State from the seizure, the vehicle may be
18forfeited to the spouse or family member and the title to the
19vehicle shall be transferred to the spouse or family member who
20is properly licensed and who requires the use of the vehicle
21for employment or family transportation purposes. A written
22declaration of forfeiture of a vehicle under this Section shall
23be sufficient cause for the title to be transferred to the
24spouse or family member. The provisions of this paragraph shall
25apply only to one forfeiture per vehicle. If the vehicle is the
26subject of a subsequent forfeiture proceeding by virtue of a

 

 

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1subsequent conviction of either spouse or the family member,
2the spouse or family member to whom the vehicle was forfeited
3under the first forfeiture proceeding may not utilize the
4provisions of this paragraph in another forfeiture proceeding.
5If the owner of the vehicle seized owns more than one vehicle,
6the procedure set out in this paragraph may be used for only
7one vehicle.
8    Property declared contraband under Section 40 of the
9Illinois Streetgang Terrorism Omnibus Prevention Act may be
10seized and forfeited under this Article.
11(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
1296-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
131-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551,
14Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11;
1597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".