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| 1 | AMENDMENT TO HOUSE BILL 5592
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| 2 | AMENDMENT NO. ______. Amend House Bill 5592 on page 1, by | ||||||
| 3 | replacing lines 4 and 5 with the following:
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| 4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
| 5 | changing Sections 36-1 and 36-2 as follows:
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| 6 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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| 7 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
| 8 | with the knowledge
and consent of the owner in the commission | ||||||
| 9 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
| 10 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
| 11 | 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | ||||||
| 12 | 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | ||||||
| 13 | 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | ||||||
| 14 | or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | ||||||
| 15 | Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | ||||||
| 16 | (d) of Section
12-16 of this Code, or paragraph (a)(6) or | ||||||
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| 1 | (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | ||||||
| 2 | or 26 of the Cigarette Tax
Act if the vessel, vehicle or | ||||||
| 3 | aircraft contains more than 10 cartons of
such cigarettes; (c) | ||||||
| 4 | Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | ||||||
| 5 | vessel, vehicle or aircraft contains more than 10 cartons of | ||||||
| 6 | such
cigarettes; (d) Section 44 of the Environmental Protection | ||||||
| 7 | Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | ||||||
| 8 | offenses described in the
following provisions of the Illinois | ||||||
| 9 | Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | ||||||
| 10 | (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) | ||||||
| 11 | an offense described in subsection (g) of Section 6-303 of the
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| 12 | Illinois Vehicle Code; or (h) an offense described in | ||||||
| 13 | subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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| 14 | (i) an offense of driving while license suspended as described | ||||||
| 15 | in subsection (a) of Section 6-303 of the Illinois Vehicle Code | ||||||
| 16 | if the license of the driver of the vehicle is suspended for a | ||||||
| 17 | violation of Section 11-501.8 of the Illinois Vehicle Code; or | ||||||
| 18 | (j) an offense of driving while license suspended or revoked | ||||||
| 19 | based on a violation of paragraph (6) of subsection (a) of | ||||||
| 20 | Section 6-206 of the Illinois Vehicle Code may be
seized and | ||||||
| 21 | delivered within 30 days after the seizure forthwith to the | ||||||
| 22 | sheriff of the county of seizure. The delivery may be by either | ||||||
| 23 | actual or constructive delivery. | ||||||
| 24 | Any peace officer employed by a law enforcement agency of | ||||||
| 25 | this State may request the issuance of a warrant authorizing | ||||||
| 26 | the seizure of any motor vehicle in the same manner as provided | ||||||
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| 1 | for a search warrant. If the court determines that there is | ||||||
| 2 | probable cause to believe that the motor vehicle to be seized | ||||||
| 3 | is subject to forfeiture, the court shall issue a warrant | ||||||
| 4 | authorizing the seizure of such motor vehicle.
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| 5 | Within 15 days after such delivery the sheriff shall give | ||||||
| 6 | notice of seizure
to each person according to the following | ||||||
| 7 | method: Upon each such person
whose right, title or interest is | ||||||
| 8 | of record in the office of the Secretary
of State, the | ||||||
| 9 | Secretary of Transportation, the Administrator of the Federal
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| 10 | Aviation Agency, or any other Department of this State, or any | ||||||
| 11 | other state
of the United States if such vessel, vehicle or | ||||||
| 12 | aircraft is required to be
so registered, as the case may be, | ||||||
| 13 | by mailing a copy of the notice by
certified mail to the | ||||||
| 14 | address as given upon the records of the Secretary of
State, | ||||||
| 15 | the Department of Aeronautics, Department of Public Works and
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| 16 | Buildings or any other Department of this State or the United | ||||||
| 17 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
| 18 | registered. Within
that 15 day period the sheriff shall also | ||||||
| 19 | notify the State's Attorney of
the county of seizure about the | ||||||
| 20 | seizure.
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| 21 | In addition, any mobile or portable equipment used in the | ||||||
| 22 | commission of an
act which is in violation of Section 7g of the | ||||||
| 23 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
| 24 | seizure and forfeiture under the same
procedures provided in | ||||||
| 25 | this Article for the seizure and forfeiture of vessels,
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| 26 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
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| 1 | vessel, vehicle
or aircraft for purposes of this Article.
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| 2 | When a person discharges a firearm at another individual | ||||||
| 3 | from a vehicle with
the knowledge and consent of the owner of | ||||||
| 4 | the vehicle and with the intent to
cause death or great bodily | ||||||
| 5 | harm to that individual and as a result causes
death or great | ||||||
| 6 | bodily harm to that individual, the vehicle shall be subject to
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| 7 | seizure and forfeiture under the same procedures provided in | ||||||
| 8 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
| 9 | violations of clauses (a), (b),
(c), or (d) of this Section.
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| 10 | If the spouse of the owner of a vehicle seized for
an | ||||||
| 11 | offense described in subsection (g) of Section 6-303 of the
| ||||||
| 12 | Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | ||||||
| 13 | (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | ||||||
| 14 | of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | ||||||
| 15 | a showing
that the seized vehicle is the only source of | ||||||
| 16 | transportation and it is
determined that the financial hardship | ||||||
| 17 | to the family as a result of the seizure
outweighs the benefit | ||||||
| 18 | to the State from the seizure, the vehicle may be
forfeited to | ||||||
| 19 | the spouse or family member and the title to the vehicle shall | ||||||
| 20 | be
transferred to the spouse or family member who is properly | ||||||
| 21 | licensed and who
requires the use of the vehicle for employment | ||||||
| 22 | or family transportation
purposes. A written declaration of | ||||||
| 23 | forfeiture of a vehicle under this
Section shall be sufficient | ||||||
| 24 | cause for the title to be transferred to the spouse
or family | ||||||
| 25 | member. The provisions of this paragraph shall apply only to | ||||||
| 26 | one
forfeiture per vehicle. If the vehicle is the subject of a | ||||||
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| 1 | subsequent
forfeiture proceeding by virtue of a subsequent | ||||||
| 2 | conviction of either spouse or
the family member, the spouse or | ||||||
| 3 | family member to whom the vehicle was
forfeited under the first | ||||||
| 4 | forfeiture proceeding may not utilize the
provisions of this | ||||||
| 5 | paragraph in another forfeiture proceeding. If the owner of
the | ||||||
| 6 | vehicle seized owns more than one vehicle,
the procedure set | ||||||
| 7 | out in this paragraph may be used for only one vehicle.
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| 8 | Property declared contraband under Section 40 of the | ||||||
| 9 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
| 10 | seized and forfeited under this
Article.
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| 11 | (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06; | ||||||
| 12 | 94-1017, eff. 7-7-06.)"; and
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| 13 | on page 1, line 21, by replacing "forthwith" with "within 45 | ||||||
| 14 | days forthwith"; and | ||||||
| 15 | on page 2, line 5, by replacing "20" with "30 20"; and | ||||||
| 16 | on page 3, by inserting immediately below line 8 the following: | ||||||
| 17 | "(b-1) When a vehicle, vessel, or aircraft is ordered sold | ||||||
| 18 | at public auction under this Article, the Director of State | ||||||
| 19 | Police shall sell such vehicle, vessel, or aircraft and shall | ||||||
| 20 | distribute the proceeds of the sale in accordance with | ||||||
| 21 | subsection (c) of this Section."; and | ||||||
| 22 | on page 3, lines 10 and 11, by replacing "of all liens and | ||||||
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| 1 | deductions" with "of all liens and"; and | ||||||
| 2 | on page 3, line 12, by replacing "sheriff" with "law | ||||||
| 3 | enforcement agency sheriff".
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