Sen. John J. Cullerton
Filed: 4/24/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 607




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    AMENDMENT NO. ______. Amend Senate Bill 607 on page 128, 
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immediately below line 1, by inserting the following:

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    "(d) Warrant of seizure. Any peace officer employed by a 
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law enforcement agency of this State may request the issuance 
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of a warrant authorizing the seizure of any motor vehicle in 
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the same manner as provided for a search warrant. If the court 
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determines that there is probable cause to believe that the 
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motor vehicle to be seized is subject to forfeiture, the court 
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shall issue a warrant authorizing the seizure of that motor 
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vehicle.
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    (e) If the spouse of the owner of a vehicle seized for
an 
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offense described in subsection (a) of this Section makes a 
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showing
that the seized vehicle is the family's 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 a 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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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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a family member to whom the vehicle was
forfeited under the 
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first forfeiture proceeding may not utilize the
provisions of 
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this paragraph in another forfeiture proceeding.  If the owner 
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of
the vehicle seized owns more than one vehicle,
the procedure 
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set out in this paragraph may be used for only one vehicle."; 
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and
 
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on page 131, line 13, by replacing "may" with "shall"; and
 
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on page 137, line 20, by deleting "the county sheriff or".