093_SB1581enr

 
SB1581 Enrolled                      LRB093 06314 DRH 06433 b

 1        AN ACT in relation to vehicles.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 6-101 as follows:

 6        (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
 7        Sec. 6-101.  Drivers must have licenses or Permits.
 8        (a)  No   person,  except  those  expressly  exempted  by
 9    Section 6-102, shall drive any motor vehicle upon  a  highway
10    in  this  State  unless  such  person  has a valid license or
11    permit, or a restricted  driving  permit,  issued  under  the
12    provisions of this Act.
13        (b)  No  person  shall  drive  a  motor vehicle unless he
14    holds a valid license or  permit,  or  a  restricted  driving
15    permit  issued  under the provisions of Section 6-205, 6-206,
16    or 6-113 of this Act. Any person to whom a license is  issued
17    under  the  provisions  of  this  Act  must  surrender to the
18    Secretary of State all valid licenses or permits. No  drivers
19    license  shall  be  issued  to  any  person who holds a valid
20    Foreign State license unless such person first surrenders  to
21    the Secretary of State any such valid Foreign State license.
22        (c)  Any  person licensed as a driver hereunder shall not
23    be required by any city, village, incorporated town or  other
24    municipal corporation to obtain any other license to exercise
25    the privilege thereby granted.
26        (d)  In  addition  to  other penalties imposed under this
27    Section, any person in violation of this Section who is  also
28    in  violation  of  Section  7-601  of  this  Code relating to
29    mandatory insurance requirements shall have his or her  motor
30    vehicle   immediately   impounded   by   the   arresting  law
31    enforcement officer.  The motor vehicle may  be  released  to
 
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 1    any  licensed driver upon a showing of proof of insurance for
 2    the motor  vehicle  that  was  impounded  and  the  notarized
 3    written consent for the release by the vehicle owner.
 4        (e)  In  addition  to  other penalties imposed under this
 5    Section, the vehicle of  any  person  in  violation  of  this
 6    Section  who  is  also  in violation of Section 7-601 of this
 7    Code relating to mandatory insurance requirements and who, in
 8    violating this Section, has caused death or  personal  injury
 9    to  another  person  is  subject to forfeiture under Sections
10    36-1 and 36-2 of the Criminal Code of 1961. For the  purposes
11    of  this  Section, a personal injury shall include any type A
12    injury as indicated on the traffic accident report  completed
13    by   a   law  enforcement  officer  that  requires  immediate
14    professional attention in  either  a  doctor's  office  or  a
15    medical  facility.   A  type  A injury shall include severely
16    bleeding wounds, distorted  extremities,  and  injuries  that
17    require the injured party to be carried from the scene.
18    (Source: P.A. 90-559, eff. 6-1-98.)

19        Section  10.   The  Criminal  Code  of 1961 is amended by
20    changing Section 36-1 as follows:

21        (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
22        Sec. 36-1.  Seizure.  Any  vessel,  vehicle  or  aircraft
23    used  with  the  knowledge  and  consent  of the owner in the
24    commission of, or in the attempt  to  commit  as  defined  in
25    Section  8-4  of  this  Code,  an  offense  prohibited by (a)
26    Section 9-1, 9-3,  10-2,  11-6,  11-15.1,  11-19.1,  11-19.2,
27    11-20.1,  12-4.1,  12-4.2,  12-4.2-5, 12-4.3, 12-4.6, 12-7.3,
28    12-7.4, 12-13, 12-14, 18-2, 19-1,  19-2,  19-3,  20-1,  20-2,
29    20.5-6,  24-1.2,  24-1.2-5,  24-1.5,  or  28-1  of this Code,
30    paragraph (a) of Section 12-4 of this Code, paragraph (a)  of
31    Section  12-15 or paragraphs (a), (c) or (d) of Section 12-16
32    of this Code, or paragraph (a)(6) or (a)(7) of  Section  24-1
 
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 1    of  this  Code;  (b)  Section  21,  22,  23,  24 or 26 of the
 2    Cigarette Tax Act if the vessel, vehicle or aircraft contains
 3    more than 10 cartons of such cigarettes; (c) Section  28,  29
 4    or  30 of the Cigarette Use Tax Act if the vessel, vehicle or
 5    aircraft contains more than 10 cartons  of  such  cigarettes;
 6    (d)  Section  44  of  the  Environmental  Protection Act; (e)
 7    11-204.1 of the  Illinois  Vehicle  Code;  (f)  the  offenses
 8    described in the following provisions of the Illinois Vehicle
 9    Code:   Section   11-501   subdivisions  (c-1)(1),  (c-1)(2),
10    (c-1)(3),  (d)(1)(A),  or  (d)(1)(D);  or  (g)   an   offense
11    described  in subsection (g) of Section 6-303 of the Illinois
12    Vehicle Code; or (h) an offense described in  subsection  (e)
13    of  Section 6-101 of the Illinois Vehicle Code; may be seized
14    and delivered forthwith to  the  sheriff  of  the  county  of
15    seizure.
16        Within 15 days after such delivery the sheriff shall give
17    notice  of  seizure to each person according to the following
18    method: Upon each such person whose right, title or  interest
19    is  of  record  in  the office of the Secretary of State, the
20    Secretary of Transportation, the Administrator of the Federal
21    Aviation Agency, or any other Department of  this  State,  or
22    any  other state of the United States if such vessel, vehicle
23    or aircraft is required to be so registered, as the case  may
24    be,  by mailing a copy of the notice by certified mail to the
25    address as given upon the records of the Secretary of  State,
26    the Department of Aeronautics, Department of Public Works and
27    Buildings or any other Department of this State or the United
28    States  if such vessel, vehicle or aircraft is required to be
29    so registered. Within that 15 day period  the  sheriff  shall
30    also  notify  the  State's  Attorney of the county of seizure
31    about the seizure.
32        In addition, any mobile or portable equipment used in the
33    commission of an act which is in violation of Section  7g  of
34    the  Metropolitan  Water  Reclamation  District  Act shall be
 
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 1    subject to seizure and forfeiture under the  same  procedures
 2    provided  in  this  Article for the seizure and forfeiture of
 3    vessels, vehicles and aircraft, and any such equipment  shall
 4    be  deemed a vessel, vehicle or aircraft for purposes of this
 5    Article.
 6        When a person discharges a firearm at another  individual
 7    from a vehicle with the knowledge and consent of the owner of
 8    the  vehicle  and  with  the  intent  to cause death or great
 9    bodily harm to that individual and as a result  causes  death
10    or great bodily harm to that individual, the vehicle shall be
11    subject  to  seizure and forfeiture under the same procedures
12    provided in this Article for the seizure  and  forfeiture  of
13    vehicles  used in violations of clauses (a), (b), (c), or (d)
14    of this Section.
15        If the spouse of the owner of a  vehicle  seized  for  an
16    offense  described  in subsection (g) of Section 6-303 of the
17    Illinois Vehicle Code, a violation of  subdivision  (c-1)(1),
18    (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
19    of  the  Illinois  Vehicle  Code, or Section 9-3 of this Code
20    makes a showing that the seized vehicle is the only source of
21    transportation  and  it  is  determined  that  the  financial
22    hardship to the family as a result of the  seizure  outweighs
23    the benefit to the State from the seizure, the vehicle may be
24    forfeited to the spouse or family member and the title to the
25    vehicle  shall  be transferred to the spouse or family member
26    who is properly licensed and who  requires  the  use  of  the
27    vehicle  for employment or family transportation purposes.  A
28    written declaration of forfeiture of  a  vehicle  under  this
29    Section  shall  be  sufficient  cause  for  the  title  to be
30    transferred to the spouse or family member.   The  provisions
31    of  this  paragraph  shall  apply  only to one forfeiture per
32    vehicle.  If the vehicle  is  the  subject  of  a  subsequent
33    forfeiture proceeding by virtue of a subsequent conviction of
34    either  spouse  or  the  family  member, the spouse or family
 
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 1    member to whom the vehicle  was  forfeited  under  the  first
 2    forfeiture  proceeding may not utilize the provisions of this
 3    paragraph in another forfeiture proceeding.  If the owner  of
 4    the  vehicle seized owns more than one vehicle, the procedure
 5    set out in this paragraph may be used for only one vehicle.
 6        Property declared contraband  under  Section  40  of  the
 7    Illinois  Streetgang  Terrorism Omnibus Prevention Act may be
 8    seized and forfeited under this Article.
 9    (Source:  P.A.  91-876,  eff.  1-1-01;  92-57,  eff.  1-1-02;
10    92-688, eff. 7-16-02.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.