Public Act 096-1267
 
HB5444 EnrolledLRB096 18104 RLC 33479 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 changing
Section 36-1 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, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
the theft is of precious metal or of scrap metal, 18-2, 19-1,
19-2, 19-3, 20-1, 20-2, 29D-15.2, 24-1.2, 24-1.2-5, 24-1.5, or
28-1, or 29D-15.2 of this Code, paragraph (a) of Section 12-4
of this Code, paragraph (a) of Section 12-15 or paragraphs (a),
(c) or (d) of Section 12-16 of this Code, or paragraph (a)(6)
or (a)(7) of Section 24-1 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; (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), (d)(1)(D), (d)(1)(G), or (d)(1)(H), or
(d)(1)(I); (g) an offense described in subsection (g) of
Section 6-303 of the Illinois Vehicle Code; or (h) an offense
described in subsection (e) of Section 6-101 of the Illinois
Vehicle Code; 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 an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (c-1)(1),
(c-1)(2), (c-1)(3), (d)(1)(A), or (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.
    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. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised
10-9-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.