State of Illinois
91st General Assembly
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Public Act 91-0876

HB4231 Enrolled                                LRB9112002RCpk

    AN ACT in relation to streetgangs.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing Sections 36-1 and 37-1 as follows:

    (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
    Sec. 36-1.  Seizure.  Any  vessel,  vehicle  or  aircraft
used  with  the  knowledge  and  consent  of the owner in the
commission of, or in the attempt  to  commit  as  defined  in
Section  8-4  of  this  Code,  an  offense  prohibited by (a)
Section 9-1, 9-3,  10-2,  11-6,  11-15.1,  11-19.1,  11-19.2,
11-20.1,  12-7.3,  12-7.4,  12-13,  12-14,  18-2, 19-1, 19-2,
19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of  this  Code,  or
paragraph  (a) of Section 12-15 or paragraphs (a), (c) or (d)
of Section 12-16 of this Code; (b) Section 21, 22, 23, 24  or
26  of  the  Cigarette  Tax  Act  if  the  vessel, vehicle or
aircraft contains more than 10 cartons  of  such  cigarettes;
(c)  Section 28, 29 or 30 of the Cigarette Use Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons  of
such   cigarettes;   (d)  Section  44  of  the  Environmental
Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; or
(f) the offenses described in the following provisions of the
Illinois Vehicle Code: Section 11-501 subdivisions  (c-1)(1),
(c-1)(2),  (c-1)(3),  (d)(1)(A),  or (d)(1)(D); may be seized
and delivered forthwith to  the  sheriff  of  the  county  of
seizure.
    Within 15 days after such delivery the sheriff shall give
notice  of  seizure to each person according to the following
method: Upon each such person whose right, title or  interest
is  of  record  in  the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of  this  State,  or
any  other state of the United States if such vessel, vehicle
or aircraft is required to be so registered, as the case  may
be,  by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of  State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States  if such vessel, vehicle or aircraft is required to be
so registered. Within that 15 day period  the  sheriff  shall
also  notify  the  State's  Attorney of the county of seizure
about the seizure.
    In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section  7g  of
the  Metropolitan  Water  Reclamation  District  Act shall be
subject to seizure and forfeiture under the  same  procedures
provided  in  this  Article for the seizure and forfeiture of
vessels, vehicles and aircraft, and any such equipment  shall
be  deemed a vessel, vehicle or aircraft for purposes of this
Article.
    When a person discharges a firearm at another  individual
from a vehicle with the knowledge and consent of the owner of
the  vehicle  and  with  the  intent  to cause death or great
bodily harm to that individual and as a result  causes  death
or great bodily harm to that individual, the vehicle shall be
subject  to  seizure and forfeiture under the same procedures
provided in this Article for the seizure  and  forfeiture  of
vehicles  used in violations of clauses (a), (b), (c), or (d)
of this Section.
    If the spouse of the owner of  a  vehicle  seized  for  a
violation   of   subdivision  (c-1)(1),  (c-1)(2),  (c-1)(3),
(d)(1)(A), or (d)(1)(D) of Section  11-501  of  the  Illinois
Vehicle Code or Section 9-3 of this Code makes a showing that
the  seized  vehicle is the only source of transportation and
it is determined that the financial hardship to the family as
a result of the seizure outweighs the benefit  to  the  State
from  the seizure, the vehicle may be forfeited to the spouse
or family member and  the  title  to  the  vehicle  shall  be
transferred  to  the  spouse or family member who is properly
licensed  and  who  requires  the  use  of  the  vehicle  for
employment or  family  transportation  purposes.   A  written
declaration  of  forfeiture  of  a vehicle under this Section
shall be sufficient cause for the title to be transferred  to
the   spouse  or  family  member.   The  provisions  of  this
paragraph shall apply only to one forfeiture per vehicle.  If
the  vehicle  is  the  subject  of  a  subsequent  forfeiture
proceeding by virtue of a  subsequent  conviction  of  either
spouse  or  the family member, the spouse or family member to
whom the vehicle was forfeited  under  the  first  forfeiture
proceeding  may  not utilize the provisions of this paragraph
in another  forfeiture  proceeding.   If  the  owner  of  the
vehicle  seized owns more than one vehicle, the procedure set
out in this paragraph may be used for only one vehicle.
    Property declared contraband  under  Section  40  of  the
Illinois  Streetgang  Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 90-134,  eff.  7-22-97;  90-216,  eff.  1-1-98;
90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)

    (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
    Sec. 37-1. Maintaining Public Nuisance. Any building used
in  the  commission  of  offenses prohibited by Sections 9-1,
10-1, 10-2,  11-14,  11-15,  11-16,  11-17,  11-20,  11-20.1,
11-21,  11-22,  12-5.1,  16-1, 20-2, 23-1, 23-1 (a) (1), 24-1
(a) (7), 24-3, 28-1, 28-3, 31-5 or  39A-1  of  the  "Criminal
Code  of  1961",  approved  July  28, 1961, as heretofore and
hereafter amended, or prohibited by the "Illinois  Controlled
Substances Act", or the "Cannabis Control Act" enacted by the
77th  General  Assembly, as heretofore and hereafter amended,
or used in the commission of an inchoate offense relative  to
any of the aforesaid principal offenses, or any real property
erected, established, maintained, owned, leased, or used by a
streetgang  for  the purpose of conducting streetgang related
activity as defined in Section 10 of the Illinois  Streetgang
Terrorism Omnibus Prevention Act is a public nuisance.
    (b)  Sentence.    A   person   convicted   of   knowingly
maintaining  such  a  public  nuisance  commits  a  Class   A
misdemeanor.  Each subsequent offense under this Section is a
Class 4 felony.
(Source: P.A. 85-384.)

    Section 10.  The Illinois  Streetgang  Terrorism  Omnibus
Prevention  Act  is  amended  by adding Sections 40 and 45 as
follows:

    (740 ILCS 147/40 new)
    Sec. 40. Contraband.
    (a) The following are declared to be  contraband  and  no
person shall have a property interest in them:
         (1) any property that is directly or indirectly used
    or   intended   for  use  in  any  manner  to  facilitate
    streetgang related activity; and
         (2) any property constituting or derived from  gross
    profits   or  other  proceeds  obtained  from  streetgang
    related activity.
    (b) Within  60  days  of  the  date  of  the  seizure  of
contraband  under  this  Section,  the State's Attorney shall
initiate  forfeiture proceedings as provided in Article 36 of
the Criminal Code of 1961. An owner or person who has a  lien
on  the property may establish as a defense to the forfeiture
of property that is subject to forfeiture under this  Section
that  the  owner  or  lienholder  had  no  knowledge that the
property was acquired through a pattern of streetgang related
activity.   Property that is  forfeited  under  this  Section
shall  be  disposed  of  as  provided  in  Article  36 of the
Criminal  Code  of  1961  for  the  forfeiture  of  vehicles,
vessels, and aircraft.  The proceeds of the disposition shall
be paid to the Gang Violence Victims and Witnesses Fund to be
used to assist in the prosecution of gang crimes.

    (740 ILCS 147/45 new)
    Sec. 45. Abatement as public nuisance.
    (a) Any  real  property  that  is  erected,  established,
maintained,  owned, leased, or used by any streetgang for the
purpose of conducting streetgang related activity constitutes
a public nuisance and may be abated as provided in Article 37
of the Criminal Code of 1961 relating to public nuisances.
    (b) An action to abate a nuisance under this  Section may
be brought by the State's Attorney of the  county  where  the
seizure occurred.
    (c)  Any  person  who  is injured by reason of streetgang
related activity shall have a cause of action for 3 times the
actual  damages  sustained  and,  if  appropriate,   punitive
damages;  however,  no cause of action shall arise under this
subsection  (c)  as  a  result  of  an  otherwise  legitimate
commercial transaction  between  parties  to  a  contract  or
agreement  for  the  sale  of lawful goods or property or the
sale of securities regulated by the Illinois  Securities  Law
of 1953 or by the federal Securities and Exchange Commission.
The  person  shall  also  recover reasonable attorney's fees,
costs, and expenses.

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