(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

(Text of Section before amendment by P.A. 102-982)

Sec. 36-1. Property subject to forfeiture.

(a) Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under this Article if the vessel or watercraft, vehicle, or aircraft is 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:

(1) an offense prohibited by Section 9-1 (first degree murder), Section 9-3 (involuntary

manslaughter and reckless homicide), Section 10-2 (aggravated kidnaping), Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Section 11-1.50 (criminal sexual abuse), subsection (a), (c), or (d) of Section 11-1.60 (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), Section 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated battery), Section 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), Section 16-1 (theft if the theft is of precious metal or of scrap metal), subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed robbery), Section 19-1 (burglary), Section 19-2 (possession of burglary tools), Section 19-3 (residential burglary), Section 20-1 (arson; residential arson; place of worship arson), Section 20-2 (possession of explosives or explosive or incendiary devices), subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section  24-1.2 (aggravated discharge of a firearm), Section 24-1.2-5 (aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), or Section 29D-15.2 (possession of a deadly substance) of this Code;

(2) an offense prohibited by Section 21, 22, 23, 24 or 26 of the Cigarette Tax Act if

the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of such cigarettes;

(3) an offense prohibited by Section 28, 29, or 30 of the Cigarette Use Tax Act if the

vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of such cigarettes;

(4) an offense prohibited by Section 44 of the Environmental Protection Act;
(5) an offense prohibited by Section 11-204.1 of the Illinois Vehicle Code (aggravated

fleeing or attempting to elude a peace officer);

(6) an offense prohibited by Section 11-501 of the Illinois Vehicle Code (driving while

under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof) or a similar provision of a local ordinance, and:

(A) during a period in which his or her driving privileges are revoked or suspended

if the revocation or suspension was for:

(i) Section 11-501 (driving under the influence of alcohol or other drug or

drugs, intoxicating compound or compounds or any combination thereof),

(ii) Section 11-501.1 (statutory summary suspension or revocation),
(iii) paragraph (b) of Section 11-401 (motor vehicle accidents involving death

or personal injuries), or

(iv) reckless homicide as defined in Section 9-3
of this Code;

(B) has been previously convicted of reckless homicide or a similar provision of a

law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted of committing a violation of          driving under the influence  of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof and was involved in a motor vehicle accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries;

(C) the person committed a violation of driving under the influence of alcohol or

other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision for the third or subsequent time;

(D) he or she did not possess a valid driver's license or permit or a valid

restricted driving permit or a valid judicial driving permit or a valid monitoring device driving permit; or

(E) he or she knew or should have known that the vehicle he or she was driving was

not covered by a liability insurance policy;

(7) an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle

Code;

(8) an offense described in subsection (e) of Section 6-101 of the Illinois Vehicle

Code; or

(9)(A) operating a watercraft under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or combination thereof under Section 5-16 of the Boat Registration and Safety Act during a period in which his or her privileges to operate a watercraft are revoked or suspended and the revocation or suspension was for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof; (B) operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and has been previously convicted of reckless homicide or a similar provision of a law in another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof as an element of the offense or the person has previously been convicted of committing a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and was involved in an accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries; or (C) the person committed a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under Section 5-16 of the Boat Registration and Safety Act or a similar provision for the third or subsequent time.

(b) 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 or watercraft,
vehicles, and aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle,
or aircraft for purposes of this Article.

(c) In addition, 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 (1), (2), (3), or (4) of subsection (a) of this Section.

(d) If the spouse of the owner of a vehicle seized for
an offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
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.

(e) In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang
Terrorism Omnibus Prevention Act may be seized and forfeited under this
Article.

(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)

(Text of Section after amendment by P.A. 102-982)