Full Text of SB3029 96th General Assembly
SB3029 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3029
Introduced 2/4/2010, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/36-1 |
from Ch. 38, par. 36-1 |
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Amends the Criminal Code of 1961. In relation to the provisions concerning forfeiture of vehicles for various DUI offenses, describes the offenses instead of cross referencing the clauses of the DUI statute.
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A BILL FOR
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SB3029 |
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LRB096 17084 RLC 32406 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 36-1 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,
16-1 if | 13 |
| the theft is of precious metal or of scrap metal, 18-2, 19-1, | 14 |
| 19-2, 19-3, 20-1, 20-2,
29D-15.2, 24-1.2,
24-1.2-5,
24-1.5, or | 15 |
| 28-1 , or 29D-15.2 of this Code,
paragraph (a) of Section 12-4 | 16 |
| of this Code,
paragraph (a) of Section 12-15 or paragraphs (a), | 17 |
| (c) or (d) of Section
12-16 of this Code, or paragraph (a)(6) | 18 |
| or (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, | 19 |
| 24 or 26 of the Cigarette Tax
Act if the vessel, vehicle or | 20 |
| aircraft contains more than 10 cartons of
such cigarettes; (c) | 21 |
| Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | 22 |
| vessel, vehicle or aircraft contains more than 10 cartons of | 23 |
| such
cigarettes; (d) Section 44 of the Environmental Protection |
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SB3029 |
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LRB096 17084 RLC 32406 b |
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| Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
(1) driving | 2 |
| under the influence of alcohol or other drug or drugs, | 3 |
| intoxicating compound or compounds or any
combination thereof | 4 |
| under Section 11-501 of the Illinois Vehicle Code during a | 5 |
| period in which his
or her driving privileges are revoked or | 6 |
| suspended where
the revocation or suspension was for driving | 7 |
| under the influence of alcohol or other drug or drugs, | 8 |
| intoxicating compound or compounds or any
combination thereof, | 9 |
| Section 11-501.1, paragraph (b) of Section
11-401, or for | 10 |
| reckless homicide as defined in Section 9-3
of the Criminal | 11 |
| Code of 1961; (2)
driving while under the influence of alcohol, | 12 |
| other drug or drugs, intoxicating compound or compounds or any | 13 |
| combination thereof and has been previously convicted of | 14 |
| reckless homicide or a similar provision of a law of another | 15 |
| state relating to reckless homicide in which the person was | 16 |
| determined to have been under the influence of alcohol, other | 17 |
| drug or drugs, or intoxicating compound or compounds as an | 18 |
| element of the offense or the person has previously been | 19 |
| convicted of committing a violation of
driving under the | 20 |
| influence of alcohol or other drug or drugs, intoxicating | 21 |
| compound or compounds or any
combination thereof and was | 22 |
| involved in a motor vehicle accident that resulted in death, | 23 |
| great bodily harm, or permanent disability or disfigurement to | 24 |
| another, when the violation was a proximate cause of the death | 25 |
| or injuries; (3) the person committed a violation of driving | 26 |
| under the influence of alcohol or other drug or drugs, |
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SB3029 |
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LRB096 17084 RLC 32406 b |
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| intoxicating compound or compounds or any
combination thereof | 2 |
| under Section 11-501 of the Illinois Vehicle Code or a similar | 3 |
| provision for the third or subsequent
time; or (4) the person | 4 |
| committed the violation while he
or she did not possess a | 5 |
| driver's license or permit or a restricted driving permit or a | 6 |
| judicial driving permit or a monitoring device driving permit | 7 |
| the offenses described in the
following provisions of the | 8 |
| Illinois Vehicle Code:
Section 11-501 subdivisions (c-1)(1), | 9 |
| (c-1)(2), (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or | 10 |
| (d)(1)(H) ; (g) an offense described in subsection (g) of | 11 |
| Section 6-303 of the
Illinois Vehicle Code; or (h) an offense | 12 |
| described in subsection (e) of
Section 6-101 of the Illinois | 13 |
| Vehicle Code;
may be
seized and delivered forthwith to the | 14 |
| sheriff of the county of seizure.
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| Within 15 days after such delivery the sheriff shall give | 16 |
| notice of seizure
to each person according to the following | 17 |
| method: Upon each such person
whose right, title or interest is | 18 |
| of record in the office of the Secretary
of State, the | 19 |
| Secretary of Transportation, the Administrator of the Federal
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| Aviation Agency, or any other Department of this State, or any | 21 |
| other state
of the United States if such vessel, vehicle or | 22 |
| aircraft is required to be
so registered, as the case may be, | 23 |
| by mailing a copy of the notice by
certified mail to the | 24 |
| address as given upon the records of the Secretary of
State, | 25 |
| the Department of Aeronautics, Department of Public Works and
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| Buildings or any other Department of this State or the United |
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SB3029 |
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LRB096 17084 RLC 32406 b |
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| States if
such vessel, vehicle or aircraft is required to be so | 2 |
| registered. Within
that 15 day period the sheriff shall also | 3 |
| notify the State's Attorney of
the county of seizure about the | 4 |
| seizure.
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| In addition, any mobile or portable equipment used in the | 6 |
| commission of an
act which is in violation of Section 7g of the | 7 |
| Metropolitan Water Reclamation
District Act shall be subject to | 8 |
| seizure and forfeiture under the same
procedures provided in | 9 |
| this Article for the seizure and forfeiture of vessels,
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| vehicles and aircraft, and any such equipment shall be deemed a | 11 |
| vessel, vehicle
or aircraft for purposes of this Article.
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| When a person discharges a firearm at another individual | 13 |
| from a vehicle with
the knowledge and consent of the owner of | 14 |
| the vehicle and with the intent to
cause death or great bodily | 15 |
| harm to that individual and as a result causes
death or great | 16 |
| bodily harm to that individual, the vehicle shall be subject to
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| seizure and forfeiture under the same procedures provided in | 18 |
| this Article for
the seizure and forfeiture of vehicles used in | 19 |
| 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 | 21 |
| 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), | 23 |
| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | 24 |
| of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | 25 |
| a showing
that the seized vehicle is the only source of | 26 |
| transportation and it is
determined that the financial hardship |
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LRB096 17084 RLC 32406 b |
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| to the family as a result of the seizure
outweighs the benefit | 2 |
| to the State from the seizure, the vehicle may be
forfeited to | 3 |
| the spouse or family member and the title to the vehicle shall | 4 |
| be
transferred to the spouse or family member who is properly | 5 |
| licensed and who
requires the use of the vehicle for employment | 6 |
| or family transportation
purposes. A written declaration of | 7 |
| forfeiture of a vehicle under this
Section shall be sufficient | 8 |
| cause for the title to be transferred to the spouse
or family | 9 |
| member. The provisions of this paragraph shall apply only to | 10 |
| one
forfeiture per vehicle. If the vehicle is the subject of a | 11 |
| subsequent
forfeiture proceeding by virtue of a subsequent | 12 |
| conviction of either spouse or
the family member, the spouse or | 13 |
| family member to whom the vehicle was
forfeited under the first | 14 |
| forfeiture proceeding may not utilize the
provisions of this | 15 |
| paragraph in another forfeiture proceeding. If the owner of
the | 16 |
| vehicle seized owns more than one vehicle,
the procedure set | 17 |
| out in this paragraph may be used for only one vehicle.
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| Property declared contraband under Section 40 of the | 19 |
| Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 20 |
| seized and forfeited under this
Article.
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| (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised | 22 |
| 10-9-09.)
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