HB5216eng 94TH GENERAL ASSEMBLY

HB5216 Engrossed LRB094 18261 RLC 53572 b

AN ACT concerning criminal law.

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 adding Section 12-7.7 as follows:

(720 ILCS 5/12-7.7 new)

Sec. 12-7.7. Stalking and aggravated stalking; vehicle forfeiture.

(a) Any motor vehicle used in the commission of the offense of stalking or aggravated stalking under Section 12-7.3 or 12-7.4 of this Code is subject to forfeiture.

(b) A motor vehicle subject to forfeiture under this Section may be seized by any peace officer upon process issued by any court having jurisdiction over the motor vehicle. A judgment in favor of the State in a criminal proceeding based upon a violation of Section 12-7.3 or 12-7.4 of this Code against a person's specific motor vehicle shall serve as process authorizing a police officer to seize such motor vehicle without further process. Seizure by a police officer may be made without process:

(1) if there is probable cause to believe that the motor vehicle may be used to commit the offense of stalking or aggravated stalking and existing circumstances do not allow reasonable time for the officer to obtain lawful process; or

(2) in accordance with the provisions of the Code of Criminal Procedure of 1963.

(c) The presence of a motor vehicle subject to forfeiture in an inventory does not subject the entire inventory to seizure or forfeiture.

(d) A motor vehicle taken or detained under this Section is not subject to replevin, but is deemed to be in the custody of the law enforcement department or agency employing the seizing officer, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings. When a motor vehicle is seized under this Section, the chief administrative officer of the seizing department or agency may place the motor vehicle under seal, or remove the motor vehicle to a place designated by him or her.

(e) A disposition may not be made of a motor vehicle under seal until the validity of the seizure has been determined in a circuit court, unless the court, upon application to the court, orders the sale of the motor vehicle and the deposit of the proceeds of the sale with the clerk of the court. The circuit court shall rule on the validity of the seizure within 30 days after the seizure, unless a continuance is obtained by a person from whom the motor vehicle was seized or a person who otherwise has standing to complain, or by the State for good cause shown. In no event shall a continuance be granted to the State under this Section extend beyond 30 days. If judgment is entered in favor of the person from whom the motor vehicle is seized, the seized motor vehicle shall be returned immediately. Appeals from orders of the circuit court shall be heard within 60 days from the date judgment is entered. A judgment in favor of the person entitled to possession of the seized motor vehicle shall serve as a mandate to the agency holding the motor vehicle to return the motor vehicle forthwith.

(f) When a motor vehicle is forfeited under this Section, the chief administrative officer of the seizing department or agency may retain it for official use or deliver it to the Department of State Police for disposition. The seizing department or agency, upon forfeiture of the vehicle, shall notify the Secretary of State within 15 days after forfeiture that the vehicle has been forfeited if the vehicle is registered in this State or if the vehicle is registered in another state shall notify the agency of that other state where the vehicle is registered.

(g) A motor vehicle seized under this Section may not be sold until the person whose motor vehicle was used in the commission of the offense of stalking or aggravated stalking is convicted of that offense. If the person is found not guilty of the offense of stalking or aggravated stalking or the charges are dismissed against that person, the motor vehicle shall be returned to the person entitled to possession of the seized vehicle and the law enforcement department or agency that seized the vehicle shall pay the storage costs for the vehicle during the period of seizure.