Judiciary II - Criminal Law Committee

Filed: 3/22/2010

 

 


 

 


 
09600HB6195ham001 LRB096 19311 RLC 39366 a

1
AMENDMENT TO HOUSE BILL 6195

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:
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

 

 

09600HB6195ham001 - 2 - LRB096 19311 RLC 39366 a

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,
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

 

 

09600HB6195ham001 - 3 - LRB096 19311 RLC 39366 a

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.".