HB6195ham001 96TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 3/22/2010

09600HB6195ham001 LRB096 19311 RLC 39366 a

AMENDMENT TO HOUSE BILL 6195

AMENDMENT NO. ______. Amend House Bill 6195 on page 1, line 5, by inserting "and by adding Section 11-19.3" after "11-19"; and

by replacing lines 23 through 26 on page 2 and lines 1 through 10 on page 3 with the following:

"(c) (Blank). A peace officer who arrests a person for a violation of this Section may impound any vehicle used by the person in the commission of the offense. The person may recover the vehicle from the impound after a minimum of 2 hours after arrest upon payment of a fee of $200. The fee shall be distributed to the unit of government whose peace officers made the arrest for a violation of this Section. This $200 fee includes the costs incurred by the unit of government to tow the vehicle to the impound. Upon the presentation of a signed court order by the defendant whose vehicle was impounded showing that the defendant has been acquitted of the offense of soliciting for a prostitute or that the charges have been dismissed against the defendant for that offense, the municipality shall refund the $200 fee to the defendant.

(d) This Section does not apply to any person who could be otherwise subject to the provisions of Section 11-14 of this Code."; and

on page 4, by inserting immediately below line 1 the following:

"(d) This Section does not apply to any person who could be otherwise subject to the provisions of Section 11-14 of this Code."; and

on page 6, by inserting immediately below line 16 the following:

"(720 ILCS 5/11-19.3 new)

Sec. 11-19.3. Vehicle impoundment. A peace officer who arrests a person for a violation of Section 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, or 11-19 of this Code may impound any vehicle used by the person in the commission of the offense. A person charged with such violation shall be charged a $1,000 fee to be paid to the unit of government that impounded the vehicle. This fee includes the costs incurred by the unit of government to tow the vehicle to the impound. Five hundred dollars of the fee shall be distributed to the unit of government whose peace officers made the arrest for a violation of Section 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, or 11-19 of this Code. Five hundred dollars of this fee shall be deposited in the Violent Crime Victims Assistance Fund and shall be used by the Department of Human Services to make grants to non-governmental organizations for services provided to prostituted persons, persons encountered in the course of investigating a violation of Section 11-14.1, 11-15, 11-15.1, 11-18, 11-18.1, or 11-19 of this Code, and victims of human trafficking. Upon the presentation of a signed court order by the defendant whose vehicle was impounded showing that the defendant has been acquitted of any of the offenses described in this Section or that the charges have been dismissed against the defendant for that offense, the municipality shall refund the $1,000 fee to the defendant.".