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91_HB4231enr
HB4231 Enrolled LRB9112002RCpk
1 AN ACT in relation to streetgangs.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 36-1 and 37-1 as follows:
6 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
7 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
8 used with the knowledge and consent of the owner in the
9 commission of, or in the attempt to commit as defined in
10 Section 8-4 of this Code, an offense prohibited by (a)
11 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
12 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
13 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
14 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
15 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
16 26 of the Cigarette Tax Act if the vessel, vehicle or
17 aircraft contains more than 10 cartons of such cigarettes;
18 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
19 vessel, vehicle or aircraft contains more than 10 cartons of
20 such cigarettes; (d) Section 44 of the Environmental
21 Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; or
22 (f) the offenses described in the following provisions of the
23 Illinois Vehicle Code: Section 11-501 subdivisions (c-1)(1),
24 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be seized
25 and delivered forthwith to the sheriff of the county of
26 seizure.
27 Within 15 days after such delivery the sheriff shall give
28 notice of seizure to each person according to the following
29 method: Upon each such person whose right, title or interest
30 is of record in the office of the Secretary of State, the
31 Secretary of Transportation, the Administrator of the Federal
HB4231 Enrolled -2- LRB9112002RCpk
1 Aviation Agency, or any other Department of this State, or
2 any other state of the United States if such vessel, vehicle
3 or aircraft is required to be so registered, as the case may
4 be, by mailing a copy of the notice by certified mail to the
5 address as given upon the records of the Secretary of State,
6 the Department of Aeronautics, Department of Public Works and
7 Buildings or any other Department of this State or the United
8 States if such vessel, vehicle or aircraft is required to be
9 so registered. Within that 15 day period the sheriff shall
10 also notify the State's Attorney of the county of seizure
11 about the seizure.
12 In addition, any mobile or portable equipment used in the
13 commission of an act which is in violation of Section 7g of
14 the Metropolitan Water Reclamation District Act shall be
15 subject to seizure and forfeiture under the same procedures
16 provided in this Article for the seizure and forfeiture of
17 vessels, vehicles and aircraft, and any such equipment shall
18 be deemed a vessel, vehicle or aircraft for purposes of this
19 Article.
20 When a person discharges a firearm at another individual
21 from a vehicle with the knowledge and consent of the owner of
22 the vehicle and with the intent to cause death or great
23 bodily harm to that individual and as a result causes death
24 or great bodily harm to that individual, the vehicle shall be
25 subject to seizure and forfeiture under the same procedures
26 provided in this Article for the seizure and forfeiture of
27 vehicles used in violations of clauses (a), (b), (c), or (d)
28 of this Section.
29 If the spouse of the owner of a vehicle seized for a
30 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
31 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
32 Vehicle Code or Section 9-3 of this Code makes a showing that
33 the seized vehicle is the only source of transportation and
34 it is determined that the financial hardship to the family as
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1 a result of the seizure outweighs the benefit to the State
2 from the seizure, the vehicle may be forfeited to the spouse
3 or family member and the title to the vehicle shall be
4 transferred to the spouse or family member who is properly
5 licensed and who requires the use of the vehicle for
6 employment or family transportation purposes. A written
7 declaration of forfeiture of a vehicle under this Section
8 shall be sufficient cause for the title to be transferred to
9 the spouse or family member. The provisions of this
10 paragraph shall apply only to one forfeiture per vehicle. If
11 the vehicle is the subject of a subsequent forfeiture
12 proceeding by virtue of a subsequent conviction of either
13 spouse or the family member, the spouse or family member to
14 whom the vehicle was forfeited under the first forfeiture
15 proceeding may not utilize the provisions of this paragraph
16 in another forfeiture proceeding. If the owner of the
17 vehicle seized owns more than one vehicle, the procedure set
18 out in this paragraph may be used for only one vehicle.
19 Property declared contraband under Section 40 of the
20 Illinois Streetgang Terrorism Omnibus Prevention Act may be
21 seized and forfeited under this Article.
22 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
23 90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)
24 (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
25 Sec. 37-1. Maintaining Public Nuisance. Any building used
26 in the commission of offenses prohibited by Sections 9-1,
27 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1,
28 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1 (a) (1), 24-1
29 (a) (7), 24-3, 28-1, 28-3, 31-5 or 39A-1 of the "Criminal
30 Code of 1961", approved July 28, 1961, as heretofore and
31 hereafter amended, or prohibited by the "Illinois Controlled
32 Substances Act", or the "Cannabis Control Act" enacted by the
33 77th General Assembly, as heretofore and hereafter amended,
HB4231 Enrolled -4- LRB9112002RCpk
1 or used in the commission of an inchoate offense relative to
2 any of the aforesaid principal offenses, or any real property
3 erected, established, maintained, owned, leased, or used by a
4 streetgang for the purpose of conducting streetgang related
5 activity as defined in Section 10 of the Illinois Streetgang
6 Terrorism Omnibus Prevention Act is a public nuisance.
7 (b) Sentence. A person convicted of knowingly
8 maintaining such a public nuisance commits a Class A
9 misdemeanor. Each subsequent offense under this Section is a
10 Class 4 felony.
11 (Source: P.A. 85-384.)
12 Section 10. The Illinois Streetgang Terrorism Omnibus
13 Prevention Act is amended by adding Sections 40 and 45 as
14 follows:
15 (740 ILCS 147/40 new)
16 Sec. 40. Contraband.
17 (a) The following are declared to be contraband and no
18 person shall have a property interest in them:
19 (1) any property that is directly or indirectly used
20 or intended for use in any manner to facilitate
21 streetgang related activity; and
22 (2) any property constituting or derived from gross
23 profits or other proceeds obtained from streetgang
24 related activity.
25 (b) Within 60 days of the date of the seizure of
26 contraband under this Section, the State's Attorney shall
27 initiate forfeiture proceedings as provided in Article 36 of
28 the Criminal Code of 1961. An owner or person who has a lien
29 on the property may establish as a defense to the forfeiture
30 of property that is subject to forfeiture under this Section
31 that the owner or lienholder had no knowledge that the
32 property was acquired through a pattern of streetgang related
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1 activity. Property that is forfeited under this Section
2 shall be disposed of as provided in Article 36 of the
3 Criminal Code of 1961 for the forfeiture of vehicles,
4 vessels, and aircraft. The proceeds of the disposition shall
5 be paid to the Gang Violence Victims and Witnesses Fund to be
6 used to assist in the prosecution of gang crimes.
7 (740 ILCS 147/45 new)
8 Sec. 45. Abatement as public nuisance.
9 (a) Any real property that is erected, established,
10 maintained, owned, leased, or used by any streetgang for the
11 purpose of conducting streetgang related activity constitutes
12 a public nuisance and may be abated as provided in Article 37
13 of the Criminal Code of 1961 relating to public nuisances.
14 (b) An action to abate a nuisance under this Section may
15 be brought by the State's Attorney of the county where the
16 seizure occurred.
17 (c) Any person who is injured by reason of streetgang
18 related activity shall have a cause of action for 3 times the
19 actual damages sustained and, if appropriate, punitive
20 damages; however, no cause of action shall arise under this
21 subsection (c) as a result of an otherwise legitimate
22 commercial transaction between parties to a contract or
23 agreement for the sale of lawful goods or property or the
24 sale of securities regulated by the Illinois Securities Law
25 of 1953 or by the federal Securities and Exchange Commission.
26 The person shall also recover reasonable attorney's fees,
27 costs, and expenses.
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