HB4013 Enrolled

LRB096 07598 RLC 17694 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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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,
16-1 if 
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the theft is of precious metal or of scrap metal, 18-2, 19-1, 
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19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, or 
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28-1 of this Code,
paragraph (a) of Section 12-4 of this Code,

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paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d) of 
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Section
12-16 of this Code, or paragraph (a)(6) or (a)(7) of 
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Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 or 26 of 
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the Cigarette Tax
Act if the vessel, vehicle or aircraft 
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contains more than 10 cartons of
such cigarettes; (c) Section 
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28, 29 or 30 of the Cigarette Use Tax Act if
the vessel, 
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vehicle or aircraft contains more than 10 cartons of such

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cigarettes; (d) Section 44 of the Environmental Protection Act; 
 


 






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(e)
11-204.1
of the Illinois Vehicle Code; (f)
the offenses 
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described in the
following provisions of the Illinois Vehicle 
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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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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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may be
seized and delivered forthwith to the sheriff of the 
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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 
 


 






HB4013 Enrolled
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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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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 
 


 






HB4013 Enrolled
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LRB096 07598 RLC 17694 b




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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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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.)