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09500HB3135ham001 |
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LRB095 06789 DRH 32981 a |
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| law enforcement
officers of the false or secret compartment, or |
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| its contents, and which is
integrated into a vehicle.
For |
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| purpose of this Section,
a
person's intention to use a false or |
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| secret compartment to conceal the
contents of the compartment |
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| from a law enforcement officer may be inferred from
factors |
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| including, but not limited to, the discovery of a person, |
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| firearm,
controlled substance, or other contraband within the |
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| false or secret
compartment, or from the discovery of evidence |
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| of the previous placement of a
person, firearm, controlled |
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| substance, or other contraband within the false or
secret |
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| compartment.
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| (c) Forfeiture. Any motor vehicle containing a false or |
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| secret compartment,
as well as any items within that |
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| compartment, shall be subject to seizure by
the Department of |
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| State Police or by any municipal or other local law
enforcement |
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| agency within whose jurisdiction that property is found as |
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| provided
in Sections 36-1 and 36-2 of the Criminal Code of 1961 |
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| (720 ILCS 5/36-1 and
5/36-2). The removal of the false or |
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| secret compartment from the motor
vehicle, or the promise to do |
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| so, shall not be the basis for a defense to
forfeiture of the |
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| motor vehicle under Section 36-2 of the Criminal Code of 1961
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| and shall not be the basis for the court to release the vehicle |
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| to the owner.
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| (d) Sentence. A violation of this Section is a Class 4 |
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| felony.
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| (Source: P.A. 93-276, eff. 1-1-04.)
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09500HB3135ham001 |
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LRB095 06789 DRH 32981 a |
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| Section 10. The Criminal Code of 1961 is amended by |
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| changing Section 36-1 as follows:
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| (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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| Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used |
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| with the knowledge
and consent of the owner in the commission |
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| of, or in the attempt to commit as
defined in Section 8-4 of |
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| this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, |
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| 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, |
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| 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, |
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| 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, |
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| or 28-1 of this Code,
paragraph (a) of Section 12-4 of this |
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| Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or |
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| (d) of Section
12-16 of this Code, or paragraph (a)(6) or |
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| (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 |
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| or 26 of the Cigarette Tax
Act if the vessel, vehicle or |
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| aircraft contains more than 10 cartons of
such cigarettes; (c) |
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| Section 28, 29 or 30 of the Cigarette Use Tax Act if
the |
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| vessel, vehicle or aircraft contains more than 10 cartons of |
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| such
cigarettes; (d) Section 44 of the Environmental Protection |
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| Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the |
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| offenses described in the
following provisions of the Illinois |
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| Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), |
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| (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) |
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| an offense described in subsection (g) of Section 6-303 of the
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09500HB3135ham001 |
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LRB095 06789 DRH 32981 a |
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| Illinois Vehicle Code; or (h) an offense described in |
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| subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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| or (i) an offense described in Section 12-612 of the Illinois |
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| Vehicle Code may be
seized and delivered forthwith to the |
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| sheriff of the county of seizure.
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| Within 15 days after such delivery the sheriff shall give |
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| notice of seizure
to each person according to the following |
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| method: Upon each such person
whose right, title or interest is |
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| of record in the office of the Secretary
of State, the |
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| Secretary of Transportation, the Administrator of the Federal
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| Aviation Agency, or any other Department of this State, or any |
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| other state
of the United States if such vessel, vehicle or |
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| aircraft is required to be
so registered, as the case may be, |
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| by mailing a copy of the notice by
certified mail to the |
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| address as given upon the records of the Secretary of
State, |
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| the Department of Aeronautics, Department of Public Works and
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| Buildings or any other Department of this State or the United |
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| States if
such vessel, vehicle or aircraft is required to be so |
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| registered. Within
that 15 day period the sheriff shall also |
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| notify the State's Attorney of
the county of seizure about the |
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| seizure.
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| In addition, any mobile or portable equipment used in the |
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| commission of an
act which is in violation of Section 7g of the |
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| Metropolitan Water Reclamation
District Act shall be subject to |
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| seizure and forfeiture under the same
procedures provided in |
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| this Article for the seizure and forfeiture of vessels,
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09500HB3135ham001 |
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LRB095 06789 DRH 32981 a |
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| vehicles and aircraft, and any such equipment shall be deemed a |
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| vessel, vehicle
or aircraft for purposes of this Article.
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| When a person discharges a firearm at another individual |
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| from a vehicle with
the knowledge and consent of the owner of |
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| the vehicle and with the intent to
cause death or great bodily |
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| harm to that individual and as a result causes
death or great |
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| bodily harm to that individual, the vehicle shall be subject to
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| seizure and forfeiture under the same procedures provided in |
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| this Article for
the seizure and forfeiture of vehicles used in |
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| violations of clauses (a), (b),
(c), or (d) of this Section.
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| If the spouse of the owner of a vehicle seized for
an |
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| offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), |
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| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 |
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| of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes |
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| a showing
that the seized vehicle is the only source of |
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| transportation and it is
determined that the financial hardship |
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| to the family as a result of the seizure
outweighs the benefit |
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| to the State from the seizure, the vehicle may be
forfeited to |
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| the spouse or family member and the title to the vehicle shall |
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| be
transferred to the spouse or family member who is properly |
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| licensed and who
requires the use of the vehicle for employment |
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| or family transportation
purposes. A written declaration of |
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| forfeiture of a vehicle under this
Section shall be sufficient |
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| cause for the title to be transferred to the spouse
or family |
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| member. The provisions of this paragraph shall apply only to |
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09500HB3135ham001 |
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LRB095 06789 DRH 32981 a |
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| one
forfeiture per vehicle. If the vehicle is the subject of a |
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| subsequent
forfeiture proceeding by virtue of a subsequent |
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| conviction of either spouse or
the family member, the spouse or |
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| family member to whom the vehicle was
forfeited under the first |
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| forfeiture proceeding may not utilize the
provisions of this |
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| paragraph in another forfeiture proceeding. If the owner of
the |
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| vehicle seized owns more than one vehicle,
the procedure set |
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| out in this paragraph may be used for only one vehicle.
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| Property declared contraband under Section 40 of the |
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| Illinois Streetgang
Terrorism Omnibus Prevention Act may be |
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| seized and forfeited under this
Article.
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| (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06; |
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| 94-1017, eff. 7-7-06.)".
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