Full Text of HB3135 95th General Assembly
HB3135ham001 95TH GENERAL ASSEMBLY
|
Rep. Jim Sacia
Filed: 3/19/2007
|
|
09500HB3135ham001 |
|
LRB095 06789 DRH 32981 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3135
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3135 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 12-612 as follows:
| 6 |
| (625 ILCS 5/12-612)
| 7 |
| Sec. 12-612. False or secret compartment in a motor
| 8 |
| vehicle.
| 9 |
| (a) Offenses. It is unlawful for any person to own or | 10 |
| operate any motor
vehicle he or
she knows to contain a false or | 11 |
| secret compartment.
It is unlawful for any person
to knowingly | 12 |
| install, create, build, or fabricate in any motor vehicle a | 13 |
| false
or secret compartment.
| 14 |
| (b) Definitions. For purposes of this Section, a "false or | 15 |
| secret
compartment" means any
enclosure that is intended and | 16 |
| designed to be used
to conceal, hide, and prevent discovery by |
|
|
|
09500HB3135ham001 |
- 2 - |
LRB095 06789 DRH 32981 a |
|
| 1 |
| law enforcement
officers of the false or secret compartment, or | 2 |
| its contents, and which is
integrated into a vehicle.
For | 3 |
| purpose of this Section,
a
person's intention to use a false or | 4 |
| secret compartment to conceal the
contents of the compartment | 5 |
| from a law enforcement officer may be inferred from
factors | 6 |
| including, but not limited to, the discovery of a person, | 7 |
| firearm,
controlled substance, or other contraband within the | 8 |
| false or secret
compartment, or from the discovery of evidence | 9 |
| of the previous placement of a
person, firearm, controlled | 10 |
| substance, or other contraband within the false or
secret | 11 |
| compartment.
| 12 |
| (c) Forfeiture. Any motor vehicle containing a false or | 13 |
| secret compartment,
as well as any items within that | 14 |
| compartment, shall be subject to seizure by
the Department of | 15 |
| State Police or by any municipal or other local law
enforcement | 16 |
| agency within whose jurisdiction that property is found as | 17 |
| provided
in Sections 36-1 and 36-2 of the Criminal Code of 1961 | 18 |
| (720 ILCS 5/36-1 and
5/36-2). The removal of the false or | 19 |
| secret compartment from the motor
vehicle, or the promise to do | 20 |
| so, shall not be the basis for a defense to
forfeiture of the | 21 |
| motor vehicle under Section 36-2 of the Criminal Code of 1961
| 22 |
| and shall not be the basis for the court to release the vehicle | 23 |
| to the owner.
| 24 |
| (d) Sentence. A violation of this Section is a Class 4 | 25 |
| felony.
| 26 |
| (Source: P.A. 93-276, eff. 1-1-04.)
|
|
|
|
09500HB3135ham001 |
- 3 - |
LRB095 06789 DRH 32981 a |
|
| 1 |
| Section 10. The Criminal Code of 1961 is amended by | 2 |
| changing Section 36-1 as follows:
| 3 |
| (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| 4 |
| Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | 5 |
| with the knowledge
and consent of the owner in the commission | 6 |
| of, or in the attempt to commit as
defined in Section 8-4 of | 7 |
| this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | 8 |
| 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | 9 |
| 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | 10 |
| 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | 11 |
| or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | 12 |
| Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | 13 |
| (d) of Section
12-16 of this Code, or paragraph (a)(6) or | 14 |
| (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | 15 |
| or 26 of the Cigarette Tax
Act if the vessel, vehicle or | 16 |
| aircraft contains more than 10 cartons of
such cigarettes; (c) | 17 |
| Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | 18 |
| vessel, vehicle or aircraft contains more than 10 cartons of | 19 |
| such
cigarettes; (d) Section 44 of the Environmental Protection | 20 |
| Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | 21 |
| offenses described in the
following provisions of the Illinois | 22 |
| Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | 23 |
| (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) | 24 |
| an offense described in subsection (g) of Section 6-303 of the
|
|
|
|
09500HB3135ham001 |
- 4 - |
LRB095 06789 DRH 32981 a |
|
| 1 |
| Illinois Vehicle Code; or (h) an offense described in | 2 |
| subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
| 3 |
| or (i) an offense described in Section 12-612 of the Illinois | 4 |
| Vehicle Code may be
seized and delivered forthwith to the | 5 |
| sheriff of the county of seizure.
| 6 |
| Within 15 days after such delivery the sheriff shall give | 7 |
| notice of seizure
to each person according to the following | 8 |
| method: Upon each such person
whose right, title or interest is | 9 |
| of record in the office of the Secretary
of State, the | 10 |
| Secretary of Transportation, the Administrator of the Federal
| 11 |
| Aviation Agency, or any other Department of this State, or any | 12 |
| other state
of the United States if such vessel, vehicle or | 13 |
| aircraft is required to be
so registered, as the case may be, | 14 |
| by mailing a copy of the notice by
certified mail to the | 15 |
| address as given upon the records of the Secretary of
State, | 16 |
| the Department of Aeronautics, Department of Public Works and
| 17 |
| Buildings or any other Department of this State or the United | 18 |
| States if
such vessel, vehicle or aircraft is required to be so | 19 |
| registered. Within
that 15 day period the sheriff shall also | 20 |
| notify the State's Attorney of
the county of seizure about the | 21 |
| seizure.
| 22 |
| In addition, any mobile or portable equipment used in the | 23 |
| commission of an
act which is in violation of Section 7g of the | 24 |
| Metropolitan Water Reclamation
District Act shall be subject to | 25 |
| seizure and forfeiture under the same
procedures provided in | 26 |
| this Article for the seizure and forfeiture of vessels,
|
|
|
|
09500HB3135ham001 |
- 5 - |
LRB095 06789 DRH 32981 a |
|
| 1 |
| vehicles and aircraft, and any such equipment shall be deemed a | 2 |
| vessel, vehicle
or aircraft for purposes of this Article.
| 3 |
| When a person discharges a firearm at another individual | 4 |
| from a vehicle with
the knowledge and consent of the owner of | 5 |
| the vehicle and with the intent to
cause death or great bodily | 6 |
| harm to that individual and as a result causes
death or great | 7 |
| bodily harm to that individual, the vehicle shall be subject to
| 8 |
| seizure and forfeiture under the same procedures provided in | 9 |
| this Article for
the seizure and forfeiture of vehicles used in | 10 |
| violations of clauses (a), (b),
(c), or (d) of this Section.
| 11 |
| If the spouse of the owner of a vehicle seized for
an | 12 |
| offense described in subsection (g) of Section 6-303 of the
| 13 |
| Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | 14 |
| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | 15 |
| of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | 16 |
| a showing
that the seized vehicle is the only source of | 17 |
| transportation and it is
determined that the financial hardship | 18 |
| to the family as a result of the seizure
outweighs the benefit | 19 |
| to the State from the seizure, the vehicle may be
forfeited to | 20 |
| the spouse or family member and the title to the vehicle shall | 21 |
| be
transferred to the spouse or family member who is properly | 22 |
| licensed and who
requires the use of the vehicle for employment | 23 |
| or family transportation
purposes. A written declaration of | 24 |
| forfeiture of a vehicle under this
Section shall be sufficient | 25 |
| cause for the title to be transferred to the spouse
or family | 26 |
| member. The provisions of this paragraph shall apply only to |
|
|
|
09500HB3135ham001 |
- 6 - |
LRB095 06789 DRH 32981 a |
|
| 1 |
| one
forfeiture per vehicle. If the vehicle is the subject of a | 2 |
| subsequent
forfeiture proceeding by virtue of a subsequent | 3 |
| conviction of either spouse or
the family member, the spouse or | 4 |
| family member to whom the vehicle was
forfeited under the first | 5 |
| forfeiture proceeding may not utilize the
provisions of this | 6 |
| paragraph in another forfeiture proceeding. If the owner of
the | 7 |
| vehicle seized owns more than one vehicle,
the procedure set | 8 |
| out in this paragraph may be used for only one vehicle.
| 9 |
| Property declared contraband under Section 40 of the | 10 |
| Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 11 |
| seized and forfeited under this
Article.
| 12 |
| (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06; | 13 |
| 94-1017, eff. 7-7-06.)".
|
|