Judiciary II - Criminal Law Committee
Filed: 3/22/2010
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| 1 | AMENDMENT TO HOUSE BILL 6195
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| 2 | AMENDMENT NO. ______. Amend House Bill 6195 on page 1, line | ||||||
| 3 | 5, by inserting "and by adding Section 11-19.3" after "11-19"; | ||||||
| 4 | and | ||||||
| 5 | by replacing lines 23 through 26 on page 2 and lines 1 through | ||||||
| 6 | 10 on page 3 with the following:
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| 7 | "(c) (Blank). A peace officer who arrests a person for a | ||||||
| 8 | violation of this Section
may impound any vehicle used by the | ||||||
| 9 | person in the commission of the offense.
The person may recover | ||||||
| 10 | the vehicle from the impound after a minimum of 2 hours
after | ||||||
| 11 | arrest upon payment of a fee of $200. The fee shall be | ||||||
| 12 | distributed to
the unit of government whose peace officers
made | ||||||
| 13 | the arrest for a
violation of this Section. This $200 fee | ||||||
| 14 | includes the costs incurred by the
unit of government to tow | ||||||
| 15 | the vehicle to the impound.
Upon the presentation of a signed | ||||||
| 16 | court order by the defendant whose vehicle
was impounded | ||||||
| 17 | showing that the defendant has been acquitted of the offense of
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| 1 | soliciting for a prostitute or that the charges have been | ||||||
| 2 | dismissed against the
defendant for that offense, the | ||||||
| 3 | municipality shall refund the $200 fee to the
defendant. | ||||||
| 4 | (d) This Section does not apply to any person who could be | ||||||
| 5 | otherwise subject to the provisions of Section 11-14 of this | ||||||
| 6 | Code."; and | ||||||
| 7 | on page 4, by inserting immediately below line 1 the following: | ||||||
| 8 | "(d) This Section does not apply to any person who could be | ||||||
| 9 | otherwise subject to the provisions of Section 11-14 of this | ||||||
| 10 | Code."; and | ||||||
| 11 | on page 6, by inserting immediately below line 16 the | ||||||
| 12 | following: | ||||||
| 13 | "(720 ILCS 5/11-19.3 new) | ||||||
| 14 | Sec. 11-19.3. Vehicle impoundment. A peace officer who | ||||||
| 15 | arrests a person for a violation of Section 11-14.1, 11-15,
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| 16 | 11-15.1, 11-18, 11-18.1, or 11-19 of this Code may impound any | ||||||
| 17 | vehicle used by the person in the commission of the offense.
A | ||||||
| 18 | person charged with such violation shall be charged a $1,000 | ||||||
| 19 | fee to be paid to the unit of government that impounded the | ||||||
| 20 | vehicle. This fee includes the costs incurred by the
unit of | ||||||
| 21 | government to tow the vehicle to the impound.
Five hundred | ||||||
| 22 | dollars of the fee shall be distributed to
the unit of | ||||||
| 23 | government whose peace officers
made the arrest for a
violation | ||||||
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| 1 | of Section 11-14.1, 11-15,
11-15.1, 11-18, 11-18.1, or 11-19 of | ||||||
| 2 | this Code. Five hundred dollars of this fee shall be deposited | ||||||
| 3 | in the Violent Crime Victims Assistance Fund and shall be used | ||||||
| 4 | by the Department of Human Services to make grants to | ||||||
| 5 | non-governmental organizations for services provided to | ||||||
| 6 | prostituted persons, persons encountered in the course of | ||||||
| 7 | investigating a violation of Section 11-14.1, 11-15,
11-15.1, | ||||||
| 8 | 11-18, 11-18.1, or 11-19 of this Code, and victims of human | ||||||
| 9 | trafficking. Upon the presentation of a signed court order by | ||||||
| 10 | the defendant whose vehicle
was impounded showing that the | ||||||
| 11 | defendant has been acquitted of any of the offenses described | ||||||
| 12 | in this Section or that the charges have been dismissed against | ||||||
| 13 | the
defendant for that offense, the municipality shall refund | ||||||
| 14 | the $1,000 fee to the
defendant.".
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