Full Text of HB5592 95th General Assembly
HB5592ham001 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/13/2008
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09500HB5592ham001 |
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LRB095 16686 RLC 48306 a |
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| AMENDMENT TO HOUSE BILL 5592
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| AMENDMENT NO. ______. Amend House Bill 5592 on page 1, by | 3 |
| replacing lines 4 and 5 with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Sections 36-1 and 36-2 as follows:
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| (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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| Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | 8 |
| with the knowledge
and consent of the owner in the commission | 9 |
| of, or in the attempt to commit as
defined in Section 8-4 of | 10 |
| this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | 11 |
| 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | 12 |
| 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | 13 |
| 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | 14 |
| or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | 15 |
| Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | 16 |
| (d) of Section
12-16 of this Code, or paragraph (a)(6) or |
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LRB095 16686 RLC 48306 a |
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| (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | 2 |
| or 26 of the Cigarette Tax
Act if the vessel, vehicle or | 3 |
| aircraft contains more than 10 cartons of
such cigarettes; (c) | 4 |
| Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | 5 |
| vessel, vehicle or aircraft contains more than 10 cartons of | 6 |
| such
cigarettes; (d) Section 44 of the Environmental Protection | 7 |
| Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | 8 |
| offenses described in the
following provisions of the Illinois | 9 |
| Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | 10 |
| (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) | 11 |
| an offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code; or (h) an offense described in | 13 |
| subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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| (i) an offense of driving while license suspended as described | 15 |
| in subsection (a) of Section 6-303 of the Illinois Vehicle Code | 16 |
| if the license of the driver of the vehicle is suspended for a | 17 |
| violation of Section 11-501.8 of the Illinois Vehicle Code; or | 18 |
| (j) an offense of driving while license suspended or revoked | 19 |
| based on a violation of paragraph (6) of subsection (a) of | 20 |
| Section 6-206 of the Illinois Vehicle Code may be
seized and | 21 |
| delivered within 30 days after the seizure forthwith to the | 22 |
| sheriff of the county of seizure. The delivery may be by either | 23 |
| actual or constructive delivery. | 24 |
| Any peace officer employed by a law enforcement agency of | 25 |
| this State may request the issuance of a warrant authorizing | 26 |
| the seizure of any motor vehicle in the same manner as provided |
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LRB095 16686 RLC 48306 a |
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| for a search warrant. If the court determines that there is | 2 |
| probable cause to believe that the motor vehicle to be seized | 3 |
| is subject to forfeiture, the court shall issue a warrant | 4 |
| authorizing the seizure of such motor vehicle.
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| Within 15 days after such delivery the sheriff shall give | 6 |
| notice of seizure
to each person according to the following | 7 |
| method: Upon each such person
whose right, title or interest is | 8 |
| of record in the office of the Secretary
of State, the | 9 |
| Secretary of Transportation, the Administrator of the Federal
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| Aviation Agency, or any other Department of this State, or any | 11 |
| other state
of the United States if such vessel, vehicle or | 12 |
| aircraft is required to be
so registered, as the case may be, | 13 |
| by mailing a copy of the notice by
certified mail to the | 14 |
| address as given upon the records of the Secretary of
State, | 15 |
| the Department of Aeronautics, Department of Public Works and
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| Buildings or any other Department of this State or the United | 17 |
| States if
such vessel, vehicle or aircraft is required to be so | 18 |
| registered. Within
that 15 day period the sheriff shall also | 19 |
| notify the State's Attorney of
the county of seizure about the | 20 |
| seizure.
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| In addition, any mobile or portable equipment used in the | 22 |
| commission of an
act which is in violation of Section 7g of the | 23 |
| Metropolitan Water Reclamation
District Act shall be subject to | 24 |
| seizure and forfeiture under the same
procedures provided in | 25 |
| this Article for the seizure and forfeiture of vessels,
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| vehicles and aircraft, and any such equipment shall be deemed a |
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LRB095 16686 RLC 48306 a |
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| vessel, vehicle
or aircraft for purposes of this Article.
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| When a person discharges a firearm at another individual | 3 |
| from a vehicle with
the knowledge and consent of the owner of | 4 |
| the vehicle and with the intent to
cause death or great bodily | 5 |
| harm to that individual and as a result causes
death or great | 6 |
| bodily harm to that individual, the vehicle shall be subject to
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| seizure and forfeiture under the same procedures provided in | 8 |
| this Article for
the seizure and forfeiture of vehicles used in | 9 |
| violations of clauses (a), (b),
(c), or (d) of this Section.
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| If the spouse of the owner of a vehicle seized for
an | 11 |
| offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | 13 |
| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | 14 |
| of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | 15 |
| a showing
that the seized vehicle is the only source of | 16 |
| transportation and it is
determined that the financial hardship | 17 |
| to the family as a result of the seizure
outweighs the benefit | 18 |
| to the State from the seizure, the vehicle may be
forfeited to | 19 |
| the spouse or family member and the title to the vehicle shall | 20 |
| be
transferred to the spouse or family member who is properly | 21 |
| licensed and who
requires the use of the vehicle for employment | 22 |
| or family transportation
purposes. A written declaration of | 23 |
| forfeiture of a vehicle under this
Section shall be sufficient | 24 |
| cause for the title to be transferred to the spouse
or family | 25 |
| member. The provisions of this paragraph shall apply only to | 26 |
| one
forfeiture per vehicle. If the vehicle is the subject of a |
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LRB095 16686 RLC 48306 a |
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| subsequent
forfeiture proceeding by virtue of a subsequent | 2 |
| conviction of either spouse or
the family member, the spouse or | 3 |
| family member to whom the vehicle was
forfeited under the first | 4 |
| forfeiture proceeding may not utilize the
provisions of this | 5 |
| paragraph in another forfeiture proceeding. If the owner of
the | 6 |
| vehicle seized owns more than one vehicle,
the procedure set | 7 |
| out in this paragraph may be used for only one vehicle.
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| Property declared contraband under Section 40 of the | 9 |
| Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 10 |
| seized and forfeited under this
Article.
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| (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06; | 12 |
| 94-1017, eff. 7-7-06.)"; and
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| on page 1, line 21, by replacing "forthwith" with " within 45 | 14 |
| days forthwith "; and | 15 |
| on page 2, line 5, by replacing "20" with " 30 20 "; and | 16 |
| on page 3, by inserting immediately below line 8 the following: | 17 |
| " (b-1) When a vehicle, vessel, or aircraft is ordered sold | 18 |
| at public auction under this Article, the Director of State | 19 |
| Police shall sell such vehicle, vessel, or aircraft and shall | 20 |
| distribute the proceeds of the sale in accordance with | 21 |
| subsection (c) of this Section. "; and | 22 |
| on page 3, lines 10 and 11, by replacing "of all liens and |
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LRB095 16686 RLC 48306 a |
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| deductions " with " of all liens and "; and | 2 |
| on page 3, line 12, by replacing "sheriff" with " law | 3 |
| enforcement agency sheriff ".
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