Full Text of HB5523 98th General Assembly
HB5523ham001 98TH GENERAL ASSEMBLY | Rep. Carol A. Sente Filed: 3/14/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5523
| 2 | | AMENDMENT NO. ______. Amend House Bill 5523 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 36-1, 36-1.5, 36-2, and 36-5 as follows:
| 6 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| 7 | | Sec. 36-1. Seizure. | 8 | | (a) Any vessel, vehicle , or aircraft may be seized and | 9 | | impounded by the law enforcement agency if the vessel, vehicle, | 10 | | or aircraft is used with the knowledge
and consent of the owner | 11 | | in the commission of, or in the attempt to commit as
defined in | 12 | | Section 8-4 of this Code, an offense prohibited by : | 13 | | (1) (a) Section 9-1 (first degree murder, 720 ILCS | 14 | | 5/9-1) ,
9-3 (involuntary manslaughter and reckless | 15 | | homicide, 720 ILCS 5/9-3) ,
10-2 (aggravated kidnaping, 720 | 16 | | ILCS 5/10-2) , 11-1.20 (criminal sexual assault, 720 ILCS |
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| 1 | | 5/11-1.20) , 11-1.30 (aggravated criminal sexual assault, | 2 | | 720 ILCS 5/11-1.30) , 11-1.40 (predatory criminal sexual | 3 | | assault of a child, 720 ILCS 5/11-1.40), subsection (a) of | 4 | | Section 11-1.50 (criminal sexual abuse, 720 ILCS 5/11-1.50 | 5 | | (a)), subsection (a), (c), or (d) of Section 11-1.60 | 6 | | (aggravated criminal sexual abuse, 720 ILCS 5/11-1.60 (a), | 7 | | (c), or (d)) , Section 11-6 (indecent solicitation of a | 8 | | child, 720 ILCS 5/11-6) , 11-14.4 (promoting juvenile | 9 | | prostitution, 720 ILCS 5/11-14.4) except for keeping a | 10 | | place of juvenile prostitution, 11-18 (patronizing a | 11 | | prostitute, 720 ILCS 5/11-18) 11-15.1, 11-19.1, 11-19.2 , | 12 | | 11-20.1 (child pornography, 720 ILCS 5/11-20.1), 12-3.3. | 13 | | (aggravated domestic battery, 720 ILCS 5/12-3.3), | 14 | | paragraph (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), | 15 | | (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section | 16 | | 12-3.05 (aggravated battery, 12-3.05(a)(1), (a)(2), | 17 | | (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), | 18 | | (e)(6), or (e)(7)), 12-6.4 (criminal street gang | 19 | | recruitment on school grounds or public property adjacent | 20 | | to school grounds and criminal street gang recruitment of a | 21 | | minor, 720 ILCS 5/12-6.4) , 11-20.1B, 11-20.3,
12-4.1, | 22 | | 12-4.2, 12-4.2-5, 12-4.3, 12-4.6,
12-7.3 (stalking, 720 | 23 | | ILCS 5/12-7.3) , 12-7.4 (aggravated stalking, 720 ILCS | 24 | | 5/12-7.4), 12-9 (threatening a public official, 720 ILCS | 25 | | 5/12-9) , 12-13, 12-14,
16-1 (theft, 720 ILCS 5/16-1) if the | 26 | | theft is of precious metal or of scrap metal , subdivisions |
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| 1 | | (f)(2) or (f)(3) of Section 16-25 (retail theft, 720 ILCS | 2 | | 5/16-25 (f)(2) or (f)(3) , Section 18-2 (armed robbery, 720 | 3 | | ILCS 5/18-2) , 19-1 (burglary, 720 ILCS 5/19-1) , 19-2 | 4 | | (possession of burglary tools, 720 ILCS 5/19-2) , 19-3 | 5 | | (residential burglary, 720 ILCS 5/19-3), 19-6 (home | 6 | | invasion, 720 ILCS 5/19-6) , 20-1 (arson; residential | 7 | | arson; place of worship arson, 720 ILCS 5/20-1), 20-1.1 | 8 | | (aggravated arson, 720 ILCS 5/20-1.1) , 20-2 (possession of | 9 | | explosives or explosive or incendiary devices, 720 ILCS | 10 | | 5/20-2), subdivision (a)(6) or (a)(7) of Section 24-1 | 11 | | (unlawful use of weapons, 720 ILCS 5/24-1(a)(6) or (a)(7)), | 12 | | Section ,
24-1.2 (aggravated discharge of a firearm, 720 | 13 | | ILCS 5/24-1.2) ,
24-1.2-5 (aggravated discharge of a | 14 | | machine gun or a firearm equipped with a device designed or | 15 | | used for silencing the report of a firearm, 720 ILCS | 16 | | 5/24-1.2-5) ,
24-1.5 (reckless discharge of a firearm, 720 | 17 | | ILCS 5/24-1.5), 24-1.6 (aggravated unlawful use of a | 18 | | weapon, 720 ILCS 5/24-1.6), 24-1.8 (unlawful possession of | 19 | | a firearm by a street gang member, 720 ILCS 5/24-1.8), 24-3 | 20 | | (unlawful sale or delivery of firearms, 720 ILCS 5/24-3), | 21 | | 24-3A (gunrunning, 720 ILCS 5/24-3A), 24-3.2 (unlawful | 22 | | discharge of firearm projectiles, 720 ILCS 5/24-3.2), | 23 | | 24-3.3 (unlawful sale or delivery of firearms on the | 24 | | premises of any school, 720 ILCS 5/24-3.3) , 28-1 (gambling, | 25 | | 720 ILCS 5/28-1), 29D-15.1 (causing a catastrophe, 720 ILCS | 26 | | 5/29D-15.1) , or 29D-15.2 (possession of a deadly |
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| 1 | | substance, 720 ILCS 5/29D-15.2), or 33A-2 (armed violence, | 2 | | 720 ILCS 5/33A-2) of this Code ; , subdivision (a)(1), | 3 | | (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), | 4 | | (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
paragraph (a) | 5 | | of Section 12-4 of this Code, paragraph (a) of Section | 6 | | 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), | 7 | | (c), or (d) of Section 11-1.60, or paragraphs (a), (c) or | 8 | | (d) of Section
12-16 of this Code, or paragraph (a)(6) or | 9 | | (a)(7) of Section
24-1 of this Code; | 10 | | (2) (b) Section 18c, 21, 22, 23, 24 or 26 of the | 11 | | Cigarette Tax
Act (35 ILCS 130/18c, 21, 22, 23, 24 or 26) | 12 | | if the vessel, vehicle , or aircraft contains more than 10 | 13 | | cartons of
such cigarettes; | 14 | | (3) (c) Section 28, 29 , or 30 of the Cigarette Use Tax | 15 | | Act (35 ILCS 135/28, 29, or 30) if
the vessel, vehicle , or | 16 | | aircraft contains more than 10 cartons of such
cigarettes; | 17 | | (4) (d) Section 44 of the Environmental Protection Act | 18 | | (415 ILCS 5/44) ; | 19 | | (5) (e)
Section 11-204.1
of the Illinois Vehicle Code | 20 | | (aggravated fleeing or attempting to elude a peace officer, | 21 | | 625 ILCS 5/11-204.1) ; | 22 | | (6) Section 11-501 of the Illinois Vehicle Code | 23 | | (driving while under the influence of alcohol or other drug | 24 | | or drugs, intoxicating compound or compounds or any | 25 | | combination thereof) or a similar provision of a local | 26 | | ordinance , and: |
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| 1 | | (f)
(1) driving under the influence of alcohol or other drug or | 2 | | drugs, intoxicating compound or compounds or any
| 3 | | combination thereof under Section 11-501 of the | 4 | | Illinois Vehicle Code during a period in which | 5 | | (A) during a period in which his
or her driving | 6 | | privileges are revoked or suspended if where
the | 7 | | revocation or suspension was for : | 8 | | (i) driving under the influence of alcohol or | 9 | | other drug or drugs, intoxicating compound or | 10 | | compounds or any
combination thereof (625 ILCS | 11 | | 5/11-501) , | 12 | | (ii) Section 11-501.1 (625 ILCS 5/11-501.1) , | 13 | | (iii) paragraph (b) of Section
11-401 (625 | 14 | | ILCS 5/11-401(b)) , or for | 15 | | (iv) reckless homicide as defined in Section | 16 | | 9-3
of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012 (720 ILCS 5/9-3) ; | 18 | | (B) (2)
driving while under the influence of | 19 | | alcohol, other drug or drugs, intoxicating compound or | 20 | | compounds or any combination thereof and has been | 21 | | previously convicted of reckless homicide or a similar | 22 | | provision of a law of another state relating to | 23 | | reckless homicide in which the person was determined to | 24 | | have been under the influence of alcohol, other drug or | 25 | | drugs, or intoxicating compound or compounds as an | 26 | | element of the offense or the person has previously |
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| 1 | | been convicted of committing a violation of
driving | 2 | | under the influence of alcohol or other drug or drugs, | 3 | | intoxicating compound or compounds or any
combination | 4 | | thereof and was involved in a motor vehicle accident | 5 | | that resulted in death, great bodily harm, or permanent | 6 | | disability or disfigurement to another, when the | 7 | | violation was a proximate cause of the death or | 8 | | injuries; | 9 | | (C) (3) the person committed a violation of driving | 10 | | under the influence of alcohol or other drug or drugs, | 11 | | intoxicating compound or compounds or any
combination | 12 | | thereof under Section 11-501 of the Illinois Vehicle | 13 | | Code or a similar provision for the third or subsequent
| 14 | | time; | 15 | | (D) (4) the person committed the violation while he
| 16 | | or she did not possess a valid driver's license or | 17 | | permit or a valid restricted driving permit or a valid | 18 | | judicial driving permit or a valid monitoring device | 19 | | driving permit; or | 20 | | (E) (5) the person committed the violation while he | 21 | | or she knew or should have known that the vehicle he or | 22 | | she was driving was not covered by a liability | 23 | | insurance policy; | 24 | | (F) paragraph (b) of Section 11-401 of the Illinois | 25 | | Vehicle Code or a similar provision, having left the | 26 | | scene of a motor vehicle crash involving death or |
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| 1 | | personal injury (625 ILCS 5/11-401(b)); | 2 | | (G) paragraph (d) of Section 11-501 aggravated | 3 | | driving under the influence of alcohol or other drug or | 4 | | drugs, intoxicating compound or compounds or any | 5 | | combination thereof (625 ILCS 5/11-501(d)); | 6 | | (H) Section 11-204 of the Illinois Vehicle Code, | 7 | | fleeing or attempting to elude a police officer (625 | 8 | | ILCS 5/11-204); | 9 | | (7) (g) an offense described in subsection (g) of | 10 | | Section 6-303 of the
Illinois Vehicle Code (625 ILCS 5/ | 11 | | 6-303(g) ; or | 12 | | (8) (h) an offense described in subsection (e) of
| 13 | | Section 6-101 of the Illinois Vehicle Code (625 ILCS | 14 | | 5/6-101); | 15 | | (9) home repair fraud, as
defined in Section 3 of the | 16 | | Home Repair Fraud Act (815 ILCS 515/3); or | 17 | | (10) a violation of Section 4.01 of the Humane Care for | 18 | | Animals Act (510 ILCS 70/4.01). ;
may be
seized and | 19 | | delivered forthwith to the sheriff of the county of | 20 | | seizure.
| 21 | | Within 15 days after such delivery the sheriff shall give | 22 | | notice of seizure
to each person according to the following | 23 | | method: Upon each such person
whose right, title or interest is | 24 | | of record in the office of the Secretary
of State, the | 25 | | Secretary of Transportation, the Administrator of the Federal
| 26 | | Aviation Agency, or any other Department of this State, or any |
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| 1 | | other state
of the United States if such vessel, vehicle or | 2 | | aircraft is required to be
so registered, as the case may be, | 3 | | by mailing a copy of the notice by
certified mail to the | 4 | | address as given upon the records of the Secretary of
State, | 5 | | the Department of Aeronautics, Department of Public Works and
| 6 | | Buildings or any other Department of this State or the United | 7 | | States if
such vessel, vehicle or aircraft is required to be so | 8 | | registered. Within
that 15 day period the sheriff shall also | 9 | | notify the State's Attorney of
the county of seizure about the | 10 | | seizure.
| 11 | | (b) In addition, any mobile or portable equipment used in | 12 | | the commission of an
act which is in violation of Section 7g of | 13 | | the Metropolitan Water Reclamation
District Act (70 ILCS | 14 | | 2605/7g) shall be subject to seizure and forfeiture under the | 15 | | same
procedures provided in this Article for the seizure and | 16 | | forfeiture of vessels,
vehicles , and aircraft, and any such | 17 | | equipment shall be deemed a vessel, vehicle ,
or aircraft for | 18 | | purposes of this Article.
| 19 | | (c) In addition, when When a person discharges a firearm at | 20 | | another individual from a vehicle with
the knowledge and | 21 | | consent of the owner of the vehicle and with the intent to
| 22 | | cause death or great bodily harm to that individual and as a | 23 | | result causes
death or great bodily harm to that individual, | 24 | | the vehicle shall be subject to
seizure and forfeiture under | 25 | | the same procedures provided in this Article for
the seizure | 26 | | and forfeiture of vehicles used in violations of clauses (1), |
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| 1 | | (2), (3), or (4) of subsection (a) (a), (b),
(c), or (d) of | 2 | | this Section.
| 3 | | (d) If the spouse of the owner of a vehicle seized for
an | 4 | | offense described in subsection (g) of Section 6-303 of the
| 5 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | 6 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | 7 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| 8 | | Code makes a showing
that the seized vehicle is the only source | 9 | | of transportation and it is
determined that the financial | 10 | | hardship to the family as a result of the seizure
outweighs the | 11 | | benefit to the State from the seizure, the vehicle may be
| 12 | | forfeited to the spouse or family member and the title to the | 13 | | vehicle shall be
transferred to the spouse or family member who | 14 | | is properly licensed and who
requires the use of the vehicle | 15 | | for employment or family transportation
purposes. A written | 16 | | declaration of forfeiture of a vehicle under this
Section shall | 17 | | be sufficient cause for the title to be transferred to the | 18 | | spouse
or family member. The provisions of this paragraph shall | 19 | | apply only to one
forfeiture per vehicle. If the vehicle is the | 20 | | subject of a subsequent
forfeiture proceeding by virtue of a | 21 | | subsequent conviction of either spouse or
the family member, | 22 | | the spouse or family member to whom the vehicle was
forfeited | 23 | | under the first forfeiture proceeding may not utilize the
| 24 | | provisions of this paragraph in another forfeiture proceeding. | 25 | | If the owner of
the vehicle seized owns more than one vehicle,
| 26 | | the procedure set out in this paragraph may be used for only |
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| 1 | | one vehicle.
| 2 | | (e) In addition, property Property declared contraband | 3 | | under Section 40 of the Illinois Streetgang
Terrorism Omnibus | 4 | | Prevention Act (740 ILCS 147/40) may be seized and forfeited | 5 | | under this
Article.
| 6 | | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; | 7 | | 96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. | 8 | | 1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, | 9 | | Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; | 10 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 11 | | (720 ILCS 5/36-1.5) | 12 | | Sec. 36-1.5. Preliminary Review. | 13 | | (a) Within 14 days of the seizure, the State's Attorney in | 14 | | the county in which the seizure occurred State shall seek a | 15 | | preliminary determination from the circuit court as to whether | 16 | | there is probable cause that the property may be subject to | 17 | | forfeiture. | 18 | | (b) The rules of evidence shall not apply to any proceeding | 19 | | conducted under this Section. | 20 | | (c) The court may conduct the review under subsection (a) | 21 | | simultaneously with a proceeding pursuant to Section 109-1 of | 22 | | the Code of Criminal Procedure of 1963 for a related criminal | 23 | | offense if a prosecution is commenced by information or | 24 | | complaint. | 25 | | (d) The court may accept a finding of probable cause at a |
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| 1 | | preliminary hearing following the filing of an information or | 2 | | complaint charging a related criminal offense or following the | 3 | | return of indictment by a grand jury charging the related | 4 | | offense as sufficient evidence of probable cause as required | 5 | | under subsection (a). | 6 | | (e) Upon making a finding of probable cause as required | 7 | | under this Section, the circuit court shall order the property | 8 | | subject to the provisions of the applicable forfeiture Act held | 9 | | until the conclusion of any forfeiture proceeding. | 10 | | For seizures of conveyances, within 7 days of a finding of | 11 | | probable cause under subsection (a), the registered owner or | 12 | | other claimant may file a motion in writing supported by sworn | 13 | | affidavits claiming that denial of the use of the conveyance | 14 | | during the pendency of the forfeiture proceedings creates a | 15 | | substantial hardship. The court shall consider the following | 16 | | factors in determining whether a substantial hardship has been | 17 | | proven: | 18 | | (1) the nature of the claimed hardship; | 19 | | (2) the availability of public transportation or other | 20 | | available means of transportation; and | 21 | | (3) any available alternatives to alleviate the | 22 | | hardship other than the return of the seized conveyance. | 23 | | If the court determines that a substantial hardship has | 24 | | been proven, the court shall then balance the nature of the | 25 | | hardship against the State's interest in safeguarding the | 26 | | conveyance. If the court determines that the hardship outweighs |
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| 1 | | the State's interest in safeguarding the conveyance, the court | 2 | | may temporarily release the conveyance to the registered owner | 3 | | or the registered owner's authorized designee, or both, until | 4 | | the conclusion of the forfeiture proceedings or for such | 5 | | shorter period as ordered by the court provided that the person | 6 | | to whom the conveyance is released provides proof of insurance | 7 | | and a valid driver's license and all State and local | 8 | | registrations for operation of the conveyance are current. The | 9 | | court shall place conditions on the conveyance limiting its use | 10 | | to the stated hardship and restricting the conveyance's use to | 11 | | only those individuals authorized to use the conveyance by the | 12 | | registered owner. The court shall revoke the order releasing | 13 | | the conveyance and order that the conveyance be reseized by law | 14 | | enforcement if the conditions of release are violated or if the | 15 | | conveyance is used in the commission of any offense identified | 16 | | in subsection (a) of Section 6-205 of the Illinois Vehicle | 17 | | Code. | 18 | | If the court orders the release of the conveyance during | 19 | | the pendency of the forfeiture proceedings, the registered | 20 | | owner or his or her authorized designee shall post a cash | 21 | | security with the Clerk of the Court as ordered by the court. | 22 | | The court shall consider the following factors in determining | 23 | | the amount of the cash security: | 24 | | (A) the full market value of the conveyance; | 25 | | (B) the nature of the hardship; | 26 | | (C) the extent and length of the usage of the |
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| 1 | | conveyance; and | 2 | | (D) such other conditions as the court deems necessary | 3 | | to safeguard the conveyance. | 4 | | If the conveyance is released, the court shall order that | 5 | | the registered owner or his or her designee safeguard the | 6 | | conveyance, not remove the conveyance from the jurisdiction, | 7 | | not conceal, destroy, or otherwise dispose of the conveyance, | 8 | | not encumber the conveyance, and not diminish the value of the | 9 | | conveyance in any way. The court shall also make a | 10 | | determination of the full market value of the conveyance prior | 11 | | to it being released based on a source or sources defined in 50 | 12 | | Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B). | 13 | | If the conveyance subject to forfeiture is released under | 14 | | this Section and is subsequently forfeited, the person to whom | 15 | | the conveyance was released shall return the conveyance to the | 16 | | law enforcement agency that seized the conveyance within 7 days | 17 | | from the date of the declaration of forfeiture or order of | 18 | | forfeiture. If the conveyance is not returned within 7 days, | 19 | | the cash security shall be forfeited in the same manner as the | 20 | | conveyance subject to forfeiture. If the cash security was less | 21 | | than the full market value, a judgment shall be entered against | 22 | | the parties to whom the conveyance was released and the | 23 | | registered owner, jointly and severally, for the difference | 24 | | between the full market value and the amount of the cash | 25 | | security. If the conveyance is returned in a condition other | 26 | | than the condition in which it was released, the cash security |
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| 1 | | shall be returned to the surety who posted the security minus | 2 | | the amount of the diminished value, and that amount shall be | 3 | | forfeited in the same manner as the conveyance subject to | 4 | | forfeiture. Additionally, the court may enter an order allowing | 5 | | any law enforcement agency in the State of Illinois to seize | 6 | | the conveyance wherever it may be found in the State to satisfy | 7 | | the judgment if the cash security was less than the full market | 8 | | value of the conveyance.
| 9 | | (Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
| 10 | | (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
| 11 | | Sec. 36-2. Action for forfeiture. | 12 | | (a) The State's Attorney in the county in which such | 13 | | seizure occurs
if he or she finds that the such forfeiture was | 14 | | incurred without willful negligence
or without any intention on | 15 | | the part of the owner of the vessel, vehicle
or aircraft or any | 16 | | person whose right, title or interest is of record as
described | 17 | | in Section 36-1, to violate the law, or finds the existence of
| 18 | | such mitigating circumstances as to justify remission of the | 19 | | forfeiture,
may cause the law enforcement agency sheriff to | 20 | | remit the same upon such terms and conditions
as the State's | 21 | | Attorney deems reasonable and just. The State's Attorney
shall | 22 | | exercise his or her discretion under the foregoing provision of | 23 | | this
Section 36-2(a) prior to or promptly after the preliminary | 24 | | review under Section 36-1.5 notice is given in accordance with
| 25 | | Section 36-1 . |
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| 1 | | (b) If the State's Attorney does not cause the forfeiture | 2 | | to
be remitted he or she shall forthwith bring an action for | 3 | | forfeiture in the
Circuit Court within whose jurisdiction the | 4 | | seizure and confiscation has
taken place. The State's Attorney | 5 | | shall give notice of seizure and the forfeiture proceeding to | 6 | | each person according to the following method: Upon each person | 7 | | whose right, title, or interest is of record in the office of | 8 | | the Secretary of State, the Secretary of Transportation, the | 9 | | Administrator of the Federal Aviation Agency, or any other | 10 | | Department of this State, or any other state of the United | 11 | | States if the vessel, vehicle, or aircraft is required to be so | 12 | | registered, as the case may be, by delivering the notice and | 13 | | complaint in open court or by certified mail to the address as | 14 | | given upon the records of the Secretary of State, the Division | 15 | | of Aeronautics of the Department of Transportation, the Capital | 16 | | Development Board, or any other Department of this State or the | 17 | | United States if the vessel, vehicle, or aircraft is required | 18 | | to be so registered the forfeiture
proceeding by mailing a copy | 19 | | of the Complaint in the forfeiture
proceeding to the persons, | 20 | | and upon the manner, set forth in Section
36-1 . | 21 | | (c) The owner of the seized vessel, vehicle , or aircraft or | 22 | | any person
whose right, title, or interest is of record as | 23 | | described in Section
36-1, may within 20 days after delivery in | 24 | | open court or the mailing of such notice file a
verified answer | 25 | | to the Complaint and may appear at the hearing on the
action | 26 | | for forfeiture. |
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| 1 | | (d) The State shall show at such hearing by a
preponderance | 2 | | of the evidence, that such vessel, vehicle , or aircraft was
| 3 | | used in the commission of an offense described in Section 36-1. | 4 | | (e) The
owner of such vessel, vehicle , or aircraft or any | 5 | | person whose right,
title, or interest is of record as | 6 | | described in Section 36-1, may show
by a preponderance of the | 7 | | evidence that he did not know, and did not
have reason to know, | 8 | | that the vessel, vehicle , or aircraft was to be used
in the | 9 | | commission of such an offense or that any of the exceptions set
| 10 | | forth in Section 36-3 are applicable. | 11 | | (f) Unless the State shall make such
showing, the Court | 12 | | shall order such vessel, vehicle , or aircraft released
to the | 13 | | owner. Where the State has made such showing, the Court may | 14 | | order
the vessel, vehicle , or aircraft destroyed or ; may order | 15 | | it forfeited delivered to
any local, municipal or county law | 16 | | enforcement agency, or the Department
of State Police or the | 17 | | Department of Revenue of
the State of Illinois ;
or may order it | 18 | | sold at
public auction .
| 19 | | (g) (b) A copy of the order shall be filed with the law | 20 | | enforcement agency, sheriff of the
county in which the seizure | 21 | | occurs and with each Federal or State office
or agency with | 22 | | which such vessel, vehicle , or aircraft is required to be
| 23 | | registered. Such order, when filed, constitutes authority for | 24 | | the
issuance of clear title to such vessel, vehicle, or | 25 | | aircraft, or boat to the
department or agency to whom it is | 26 | | delivered or any purchaser thereof.
The law enforcement agency |
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| 1 | | sheriff shall comply promptly with instructions to remit | 2 | | received
from the State's Attorney or Attorney General in | 3 | | accordance with
Sections 36-2(a) or 36-3.
| 4 | | (h) (c) The proceeds of any sale at public auction pursuant | 5 | | to Section
36-2 of this Act, after payment of all liens and | 6 | | deduction of the
reasonable charges and expenses incurred by | 7 | | the State's Attorney's Office sheriff in storing and
selling | 8 | | such vehicle, shall be paid to into the law enforcement agency | 9 | | having seized the vehicle for forfeiture general fund of the | 10 | | county
of seizure .
| 11 | | (Source: P.A. 84-25.)
| 12 | | (720 ILCS 5/36-5) | 13 | | Sec. 36-5. The law enforcement agency, County or sheriff | 14 | | not liable for stored forfeited vehicle. A law enforcement | 15 | | agency, county, sheriff, law enforcement officer or employee of | 16 | | the law enforcement agency or deputy sheriff, or employee of | 17 | | the county sheriff shall not be civilly or criminally liable | 18 | | for any damage to a forfeited vehicle stored with a commercial | 19 | | vehicle safety relocator.
| 20 | | (Source: P.A. 96-1274, eff. 7-26-10.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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