99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2953

 

Introduced 2/18/2016, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/36-1  from Ch. 38, par. 36-1

    Amends the Criminal Code of 2012. Provides for the seizure of a vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of home repair fraud or aggravated home repair fraud.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 36-1 as follows:
 
6    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
7    Sec. 36-1. Seizure.
8    (a) Any vessel or watercraft, vehicle, or aircraft may be
9seized and impounded by the law enforcement agency if the
10vessel or watercraft, vehicle, or aircraft is used with the
11knowledge and consent of the owner in the commission of or in
12the attempt to commit as defined in Section 8-4 of this Code:
13        (1) an offense prohibited by Section 9-1 (first degree
14    murder), Section 9-3 (involuntary manslaughter and
15    reckless homicide), Section 10-2 (aggravated kidnaping),
16    Section 11-1.20 (criminal sexual assault), Section 11-1.30
17    (aggravated criminal sexual assault), Section 11-1.40
18    (predatory criminal sexual assault of a child), subsection
19    (a) of Section 11-1.50 (criminal sexual abuse), subsection
20    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
21    sexual abuse), Section 11-6 (indecent solicitation of a
22    child), Section 11-14.4 (promoting juvenile prostitution
23    except for keeping a place of juvenile prostitution),

 

 

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1    Section 11-20.1 (child pornography), paragraph (a)(1),
2    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
3    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
4    (aggravated battery), Section 12-7.3 (stalking), Section
5    12-7.4 (aggravated stalking), Section 16-1 (theft if the
6    theft is of precious metal or of scrap metal), subdivision
7    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
8    18-2 (armed robbery), Section 19-1 (burglary), Section
9    19-2 (possession of burglary tools), Section 19-3
10    (residential burglary), Section 20-1 (arson; residential
11    arson; place of worship arson), Section 20-2 (possession of
12    explosives or explosive or incendiary devices),
13    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
14    of weapons), Section 24-1.2 (aggravated discharge of a
15    firearm), Section 24-1.2-5 (aggravated discharge of a
16    machine gun or a firearm equipped with a device designed or
17    used for silencing the report of a firearm), Section 24-1.5
18    (reckless discharge of a firearm), Section 28-1
19    (gambling), or Section 29D-15.2 (possession of a deadly
20    substance) of this Code;
21        (2) an offense prohibited by Section 21, 22, 23, 24 or
22    26 of the Cigarette Tax Act if the vessel or watercraft,
23    vehicle, or aircraft contains more than 10 cartons of such
24    cigarettes;
25        (3) an offense prohibited by Section 28, 29, or 30 of
26    the Cigarette Use Tax Act if the vessel or watercraft,

 

 

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1    vehicle, or aircraft contains more than 10 cartons of such
2    cigarettes;
3        (4) an offense prohibited by Section 44 of the
4    Environmental Protection Act;
5        (5) an offense prohibited by Section 11-204.1 of the
6    Illinois Vehicle Code (aggravated fleeing or attempting to
7    elude a peace officer);
8        (6) an offense prohibited by Section 11-501 of the
9    Illinois Vehicle Code (driving while under the influence of
10    alcohol or other drug or drugs, intoxicating compound or
11    compounds or any combination thereof) or a similar
12    provision of a local ordinance, and:
13            (A) during a period in which his or her driving
14        privileges are revoked or suspended if the revocation
15        or suspension was for:
16                (i) Section 11-501 (driving under the
17            influence of alcohol or other drug or drugs,
18            intoxicating compound or compounds or any
19            combination thereof),
20                (ii) Section 11-501.1 (statutory summary
21            suspension or revocation),
22                (iii) paragraph (b) of Section 11-401 (motor
23            vehicle accidents involving death or personal
24            injuries), or
25                (iv) reckless homicide as defined in Section
26            9-3 of this Code;

 

 

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1            (B) has been previously convicted of reckless
2        homicide or a similar provision of a law of another
3        state relating to reckless homicide in which the person
4        was determined to have been under the influence of
5        alcohol, other drug or drugs, or intoxicating compound
6        or compounds as an element of the offense or the person
7        has previously been convicted of committing a
8        violation of driving under the influence of alcohol or
9        other drug or drugs, intoxicating compound or
10        compounds or any combination thereof and was involved
11        in a motor vehicle accident that resulted in death,
12        great bodily harm, or permanent disability or
13        disfigurement to another, when the violation was a
14        proximate cause of the death or injuries;
15            (C) the person committed a violation of driving
16        under the influence of alcohol or other drug or drugs,
17        intoxicating compound or compounds or any combination
18        thereof under Section 11-501 of the Illinois Vehicle
19        Code or a similar provision for the third or subsequent
20        time;
21            (D) he or she did not possess a valid driver's
22        license or permit or a valid restricted driving permit
23        or a valid judicial driving permit or a valid
24        monitoring device driving permit; or
25            (E) he or she knew or should have known that the
26        vehicle he or she was driving was not covered by a

 

 

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1        liability insurance policy;
2        (7) an offense described in subsection (g) of Section
3    6-303 of the Illinois Vehicle Code;
4        (8) an offense described in subsection (e) of Section
5    6-101 of the Illinois Vehicle Code; or
6        (9)(A) operating a watercraft under the influence of
7    alcohol, other drug or drugs, intoxicating compound or
8    compounds, or combination thereof under Section 5-16 of the
9    Boat Registration and Safety Act during a period in which
10    his or her privileges to operate a watercraft are revoked
11    or suspended and the revocation or suspension was for
12    operating a watercraft under the influence of alcohol,
13    other drug or drugs, intoxicating compound or compounds, or
14    combination thereof; (B) operating a watercraft under the
15    influence of alcohol, other drug or drugs, intoxicating
16    compound or compounds, or combination thereof and has been
17    previously convicted of reckless homicide or a similar
18    provision of a law in another state relating to reckless
19    homicide in which the person was determined to have been
20    under the influence of alcohol, other drug or drugs,
21    intoxicating compound or compounds, or combination thereof
22    as an element of the offense or the person has previously
23    been convicted of committing a violation of operating a
24    watercraft under the influence of alcohol, other drug or
25    drugs, intoxicating compound or compounds, or combination
26    thereof and was involved in an accident that resulted in

 

 

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1    death, great bodily harm, or permanent disability or
2    disfigurement to another, when the violation was a
3    proximate cause of the death or injuries; or (C) the person
4    committed a violation of operating a watercraft under the
5    influence of alcohol, other drug or drugs, intoxicating
6    compound or compounds, or combination thereof under
7    Section 5-16 of the Boat Registration and Safety Act or a
8    similar provision for the third or subsequent time; .
9        (10) home repair fraud as defined in Section 3 of the
10    Home Repair Fraud Act; or
11        (11) aggravated home repair fraud as defined in Section
12    5 of the Home Repair Fraud Act.
13    (b) In addition, any mobile or portable equipment used in
14the commission of an act which is in violation of Section 7g of
15the Metropolitan Water Reclamation District Act shall be
16subject to seizure and forfeiture under the same procedures
17provided in this Article for the seizure and forfeiture of
18vessels or watercraft, vehicles, and aircraft, and any such
19equipment shall be deemed a vessel or watercraft, vehicle, or
20aircraft for purposes of this Article.
21    (c) In addition, when a person discharges a firearm at
22another individual from a vehicle with the knowledge and
23consent of the owner of the vehicle and with the intent to
24cause death or great bodily harm to that individual and as a
25result causes death or great bodily harm to that individual,
26the vehicle shall be subject to seizure and forfeiture under

 

 

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1the same procedures provided in this Article for the seizure
2and forfeiture of vehicles used in violations of clauses (1),
3(2), (3), or (4) of subsection (a) of this Section.
4    (d) If the spouse of the owner of a vehicle seized for an
5offense described in subsection (g) of Section 6-303 of the
6Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
7(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
811-501 of the Illinois Vehicle Code, or Section 9-3 of this
9Code makes a showing that the seized vehicle is the only source
10of transportation and it is determined that the financial
11hardship to the family as a result of the seizure outweighs the
12benefit to the State from the seizure, the vehicle may be
13forfeited to the spouse or family member and the title to the
14vehicle shall be transferred to the spouse or family member who
15is properly licensed and who requires the use of the vehicle
16for employment or family transportation purposes. A written
17declaration of forfeiture of a vehicle under this Section shall
18be sufficient cause for the title to be transferred to the
19spouse or family member. The provisions of this paragraph shall
20apply only to one forfeiture per vehicle. If the vehicle is the
21subject of a subsequent forfeiture proceeding by virtue of a
22subsequent conviction of either spouse or the family member,
23the spouse or family member to whom the vehicle was forfeited
24under the first forfeiture proceeding may not utilize the
25provisions of this paragraph in another forfeiture proceeding.
26If the owner of the vehicle seized owns more than one vehicle,

 

 

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1the procedure set out in this paragraph may be used for only
2one vehicle.
3    (e) In addition, property declared contraband under
4Section 40 of the Illinois Streetgang Terrorism Omnibus
5Prevention Act may be seized and forfeited under this Article.
6(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
799-78, eff. 7-20-15.)