Full Text of SB1322 99th General Assembly
SB1322 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1322 Introduced 2/18/2015, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/36-1 | from Ch. 38, par. 36-1 |
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Amends the Criminal Code of 2012. Provides for the seizure of a vessel, vehicle or aircraft used with the knowledge
and consent of the owner in the commission of home repair fraud or aggravated home repair fraud.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 36-1 as follows:
| 6 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| 7 | | Sec. 36-1. Seizure. | 8 | | (a) Any vessel or watercraft, vehicle, or aircraft may be | 9 | | seized and impounded by the law enforcement agency if the | 10 | | vessel or watercraft , vehicle, or aircraft is used with the | 11 | | knowledge
and consent of the owner in the commission of , or in | 12 | | the attempt to commit as
defined in Section 8-4 of this Code , | 13 | | an offense prohibited by : | 14 | | (1) an offense prohibited by Section 9-1 (first degree | 15 | | murder), Section
9-3 (involuntary manslaughter and | 16 | | reckless homicide), Section
10-2 (aggravated kidnaping), | 17 | | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | 18 | | (aggravated criminal sexual assault), Section 11-1.40 | 19 | | (predatory criminal sexual assault of a child), subsection | 20 | | (a) of Section 11-1.50 (criminal sexual abuse), subsection | 21 | | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | 22 | | sexual abuse), Section 11-6 (indecent solicitation of a | 23 | | child), Section 11-14.4 (promoting juvenile prostitution |
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| 1 | | except for keeping a place of juvenile prostitution), | 2 | | Section 11-20.1 (child pornography), paragraph (a)(1), | 3 | | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | 4 | | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | 5 | | (aggravated battery), Section
12-7.3 (stalking), Section | 6 | | 12-7.4 (aggravated stalking), Section
16-1 (theft if the | 7 | | theft is of precious metal or of scrap metal), subdivision | 8 | | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | 9 | | 18-2 (armed robbery), Section 19-1 (burglary), Section | 10 | | 19-2 (possession of burglary tools), Section 19-3 | 11 | | (residential burglary), Section 20-1 (arson; residential | 12 | | arson; place of worship arson), Section 20-2 (possession of | 13 | | explosives or explosive or incendiary devices), | 14 | | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | 15 | | of weapons), Section
24-1.2 (aggravated discharge of a | 16 | | firearm), Section
24-1.2-5 (aggravated discharge of a | 17 | | machine gun or a firearm equipped with a device designed or | 18 | | used for silencing the report of a firearm), Section
24-1.5 | 19 | | (reckless discharge of a firearm), Section 28-1 | 20 | | (gambling), or Section 29D-15.2 (possession of a deadly | 21 | | substance) of this Code; | 22 | | (2) an offense prohibited by Section 21, 22, 23, 24 or | 23 | | 26 of the Cigarette Tax
Act if the vessel or watercraft, | 24 | | vehicle, or aircraft contains more than 10 cartons of
such | 25 | | cigarettes; | 26 | | (3) an offense prohibited by Section 28, 29, or 30 of |
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| 1 | | the Cigarette Use Tax Act if
the vessel or watercraft, | 2 | | vehicle, or aircraft contains more than 10 cartons of such
| 3 | | cigarettes; | 4 | | (4) an offense prohibited by Section 44 of the | 5 | | Environmental Protection Act; | 6 | | (5) an offense prohibited by
Section 11-204.1
of the | 7 | | Illinois Vehicle Code (aggravated fleeing or attempting to | 8 | | elude a peace officer); | 9 | | (6) an offense prohibited by Section 11-501 of the | 10 | | Illinois Vehicle Code (driving while under the influence of | 11 | | alcohol or other drug or drugs, intoxicating compound or | 12 | | compounds or any combination thereof) or a similar | 13 | | provision of a local ordinance, and: | 14 | | (A) during a period in which his
or her driving | 15 | | privileges are revoked or suspended if
the revocation | 16 | | or suspension was for: | 17 | | (i) Section 11-501 (driving under the | 18 | | influence of alcohol or other drug or drugs, | 19 | | intoxicating compound or compounds or any
| 20 | | combination thereof), | 21 | | (ii) Section 11-501.1 (statutory summary | 22 | | suspension or revocation), | 23 | | (iii) paragraph (b) of Section
11-401 (motor | 24 | | vehicle accidents involving death or personal | 25 | | injuries), or | 26 | | (iv) reckless homicide as defined in Section |
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| 1 | | 9-3
of this Code; | 2 | | (B) has been previously convicted of reckless | 3 | | homicide or a similar provision of a law of another | 4 | | state relating to reckless homicide in which the person | 5 | | was determined to have been under the influence of | 6 | | alcohol, other drug or drugs, or intoxicating compound | 7 | | or compounds as an element of the offense or the person | 8 | | has previously been convicted of committing a | 9 | | violation of
driving under the influence of alcohol or | 10 | | other drug or drugs, intoxicating compound or | 11 | | compounds or any
combination thereof and was involved | 12 | | in a motor vehicle accident that resulted in death, | 13 | | great bodily harm, or permanent disability or | 14 | | disfigurement to another, when the violation was a | 15 | | proximate cause of the death or injuries; | 16 | | (C) the person committed a violation of driving | 17 | | under the influence of alcohol or other drug or drugs, | 18 | | intoxicating compound or compounds or any
combination | 19 | | thereof under Section 11-501 of the Illinois Vehicle | 20 | | Code or a similar provision for the third or subsequent
| 21 | | time; | 22 | | (D) he
or she did not possess a valid driver's | 23 | | license or permit or a valid restricted driving permit | 24 | | or a valid judicial driving permit or a valid | 25 | | monitoring device driving permit; or | 26 | | (E) he or she knew or should have known that the |
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| 1 | | vehicle he or she was driving was not covered by a | 2 | | liability insurance policy; | 3 | | (7) an offense described in subsection (g) of Section | 4 | | 6-303 of the
Illinois Vehicle Code; | 5 | | (8) an offense described in subsection (e) of
Section | 6 | | 6-101 of the Illinois Vehicle Code ; or | 7 | | (9)(A) (i) (1) operating a watercraft under the | 8 | | influence of alcohol, other drug or drugs, intoxicating | 9 | | compound or compounds, or combination thereof under | 10 | | Section 5-16 of the Boat Registration and Safety Act during | 11 | | a period in which his or her privileges to operate a | 12 | | watercraft are revoked or suspended and the revocation or | 13 | | suspension was for operating a watercraft under the | 14 | | influence of alcohol, other drug or drugs, intoxicating | 15 | | compound or compounds, or combination thereof; (B) (2) | 16 | | operating a watercraft under the influence of alcohol, | 17 | | other drug or drugs, intoxicating compound or compounds, or | 18 | | combination thereof and has been previously convicted of | 19 | | reckless homicide or a similar provision of a law in | 20 | | another state relating to reckless homicide in which the | 21 | | person was determined to have been under the influence of | 22 | | alcohol, other drug or drugs, intoxicating compound or | 23 | | compounds, or combination thereof as an element of the | 24 | | offense or the person has previously been convicted of | 25 | | committing a violation of operating a watercraft under the | 26 | | influence of alcohol, other drug or drugs, intoxicating |
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| 1 | | compound or compounds, or combination thereof and was | 2 | | involved in an accident that resulted in death, great | 3 | | bodily harm, or permanent disability or disfigurement to | 4 | | another, when the violation was a proximate cause of the | 5 | | death or injuries; or (C) (3) the person committed a | 6 | | violation of operating a watercraft under the influence of | 7 | | alcohol, other drug or drugs, intoxicating compound or | 8 | | compounds, or combination thereof under Section 5-16 of the | 9 | | Boat Registration and Safety Act or a similar provision for | 10 | | the third or subsequent time; . or watercraft or watercraft
| 11 | | (10) home repair fraud as defined in Section 3 of the | 12 | | Home Repair Fraud Act; or | 13 | | (11) aggravated home repair fraud as defined in Section | 14 | | 5 of the Home Repair Fraud Act. | 15 | | (b) In addition, any mobile or portable equipment used in | 16 | | the commission of an
act which is in violation of Section 7g of | 17 | | the Metropolitan Water Reclamation
District Act shall be | 18 | | subject to seizure and forfeiture under the same
procedures | 19 | | provided in this Article for the seizure and forfeiture of | 20 | | vessels or watercraft,
vehicles, and aircraft, and any such | 21 | | equipment shall be deemed a vessel or watercraft, vehicle,
or | 22 | | aircraft for purposes of this Article.
| 23 | | (c) In addition, when a person discharges a firearm at | 24 | | another individual from a vehicle with
the knowledge and | 25 | | consent of the owner of the vehicle and with the intent to
| 26 | | cause death or great bodily harm to that individual and as a |
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| 1 | | result causes
death or great bodily harm to that individual, | 2 | | the vehicle shall be subject to
seizure and forfeiture under | 3 | | the same procedures provided in this Article for
the seizure | 4 | | and forfeiture of vehicles used in violations of clauses (1), | 5 | | (2), (3), or (4) of subsection (a) of this Section.
| 6 | | (d) If the spouse of the owner of a vehicle seized for
an | 7 | | offense described in subsection (g) of Section 6-303 of the
| 8 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | 9 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | 10 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| 11 | | Code makes a showing
that the seized vehicle is the only source | 12 | | of transportation and it is
determined that the financial | 13 | | hardship to the family as a result of the seizure
outweighs the | 14 | | benefit to the State from the seizure, the vehicle may be
| 15 | | forfeited to the spouse or family member and the title to the | 16 | | vehicle shall be
transferred to the spouse or family member who | 17 | | is properly licensed and who
requires the use of the vehicle | 18 | | for employment or family transportation
purposes. A written | 19 | | declaration of forfeiture of a vehicle under this
Section shall | 20 | | be sufficient cause for the title to be transferred to the | 21 | | spouse
or family member. The provisions of this paragraph shall | 22 | | apply only to one
forfeiture per vehicle. If the vehicle is the | 23 | | subject of a subsequent
forfeiture proceeding by virtue of a | 24 | | subsequent conviction of either spouse or
the family member, | 25 | | the spouse or family member to whom the vehicle was
forfeited | 26 | | under the first forfeiture proceeding may not utilize the
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| 1 | | provisions of this paragraph in another forfeiture proceeding. | 2 | | If the owner of
the vehicle seized owns more than one vehicle,
| 3 | | the procedure set out in this paragraph may be used for only | 4 | | one vehicle.
| 5 | | (e) In addition, property declared contraband under | 6 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus | 7 | | Prevention Act may be seized and forfeited under this
Article.
| 8 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; | 9 | | 97-1150, eff. 1-25-13; 98-699, eff. 1-1-15; 98-1020, eff. | 10 | | 8-22-14; revised 9-30-14.)
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