Full Text of HB2185 098th General Assembly
HB2185 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2185 Introduced , by Rep. Tom Cross - Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
|
720 ILCS 5/36-1 | from Ch. 38, par. 36-1 |
|
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the seizure of a vessel, vehicle, or aircraft used with the knowledge
and consent of the owner in the commission of, or in the attempt to commit, certain offenses.
|
| |
| | A BILL FOR |
|
| | | HB2185 | | LRB098 10128 RLC 40287 b |
|
| 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. Any vessel, vehicle or aircraft used | 8 | | with the the knowledge
and consent of the owner in the | 9 | | commission of, or in the attempt to commit as
defined in | 10 | | Section 8-4 of this Code, an offense prohibited by (a) Section | 11 | | 9-1,
9-3,
10-2, 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except | 12 | | for keeping a place of juvenile prostitution, 11-15.1, 11-19.1, | 13 | | 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, | 14 | | 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft | 15 | | is of precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, | 16 | | 20-1, 20-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this | 17 | | Code, subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), | 18 | | (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section | 19 | | 12-3.05,
paragraph (a) of Section 12-4 of this Code, paragraph | 20 | | (a) of Section 11-1.50,
paragraph (a) of Section 12-15, | 21 | | paragraph (a), (c), or (d) of Section 11-1.60, or paragraphs | 22 | | (a), (c) or (d) of Section
12-16 of this Code, or paragraph | 23 | | (a)(6) or (a)(7) of Section
24-1 of this Code;
(b) Section 21, |
| | | HB2185 | - 2 - | LRB098 10128 RLC 40287 b |
|
| 1 | | 22, 23, 24 or 26 of the Cigarette Tax
Act if the vessel, | 2 | | vehicle or aircraft contains more than 10 cartons of
such | 3 | | cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use Tax | 4 | | Act if
the vessel, vehicle or aircraft contains more than 10 | 5 | | cartons of such
cigarettes; (d) Section 44 of the Environmental | 6 | | Protection Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
| 7 | | (1) driving under the influence of alcohol or other drug or | 8 | | drugs, intoxicating compound or compounds or any
combination | 9 | | thereof under Section 11-501 of the Illinois Vehicle Code | 10 | | during a period in which his
or her driving privileges are | 11 | | revoked or suspended where
the revocation or suspension was for | 12 | | driving under the influence of alcohol or other drug or drugs, | 13 | | intoxicating compound or compounds or any
combination thereof, | 14 | | Section 11-501.1, paragraph (b) of Section
11-401, or for | 15 | | reckless homicide as defined in Section 9-3
of the Criminal | 16 | | Code of 1961 or the Criminal Code of 2012; (2)
driving while | 17 | | under the influence of alcohol, other drug or drugs, | 18 | | intoxicating compound or compounds or any combination thereof | 19 | | and has been previously convicted of reckless homicide or a | 20 | | similar provision of a law of another state relating to | 21 | | reckless homicide in which the person was determined to have | 22 | | been under the influence of alcohol, other drug or drugs, or | 23 | | intoxicating compound or compounds as an element of the offense | 24 | | or the person has previously been convicted of committing a | 25 | | violation of
driving under the influence of alcohol or other | 26 | | drug or drugs, intoxicating compound or compounds or any
|
| | | HB2185 | - 3 - | LRB098 10128 RLC 40287 b |
|
| 1 | | combination thereof and was involved in a motor vehicle | 2 | | accident that resulted in death, great bodily harm, or | 3 | | permanent disability or disfigurement to another, when the | 4 | | violation was a proximate cause of the death or injuries; (3) | 5 | | the person committed a violation of driving under the influence | 6 | | of alcohol or other drug or drugs, intoxicating compound or | 7 | | compounds or any
combination thereof under Section 11-501 of | 8 | | the Illinois Vehicle Code or a similar provision for the third | 9 | | or subsequent
time; (4) the person committed the violation | 10 | | while he
or she did not possess a driver's license or permit or | 11 | | a restricted driving permit or a judicial driving permit or a | 12 | | monitoring device driving permit; or (5) the person committed | 13 | | the violation while he or she knew or should have known that | 14 | | the vehicle he or she was driving was not covered by a | 15 | | liability insurance policy; (g) an offense described in | 16 | | subsection (g) of Section 6-303 of the
Illinois Vehicle Code; | 17 | | or (h) an offense described in subsection (e) of
Section 6-101 | 18 | | of the Illinois Vehicle Code;
may be
seized and delivered | 19 | | forthwith to the sheriff of the county of seizure.
| 20 | | Within 15 days after such delivery the sheriff shall give | 21 | | notice of seizure
to each person according to the following | 22 | | method: Upon each such person
whose right, title or interest is | 23 | | of record in the office of the Secretary
of State, the | 24 | | Secretary of Transportation, the Administrator of the Federal
| 25 | | Aviation Agency, or any other Department of this State, or any | 26 | | other state
of the United States if such vessel, vehicle or |
| | | HB2185 | - 4 - | LRB098 10128 RLC 40287 b |
|
| 1 | | aircraft is required to be
so registered, as the case may be, | 2 | | by mailing a copy of the notice by
certified mail to the | 3 | | address as given upon the records of the Secretary of
State, | 4 | | the Department of Aeronautics, Department of Public Works and
| 5 | | Buildings or any other Department of this State or the United | 6 | | States if
such vessel, vehicle or aircraft is required to be so | 7 | | registered. Within
that 15 day period the sheriff shall also | 8 | | notify the State's Attorney of
the county of seizure about the | 9 | | seizure.
| 10 | | In addition, any mobile or portable equipment used in the | 11 | | commission of an
act which is in violation of Section 7g of the | 12 | | Metropolitan Water Reclamation
District Act shall be subject to | 13 | | seizure and forfeiture under the same
procedures provided in | 14 | | this Article for the seizure and forfeiture of vessels,
| 15 | | vehicles and aircraft, and any such equipment shall be deemed a | 16 | | vessel, vehicle
or aircraft for purposes of this Article.
| 17 | | When a person discharges a firearm at another individual | 18 | | from a vehicle with
the knowledge and consent of the owner of | 19 | | the vehicle and with the intent to
cause death or great bodily | 20 | | harm to that individual and as a result causes
death or great | 21 | | bodily harm to that individual, the vehicle shall be subject to
| 22 | | seizure and forfeiture under the same procedures provided in | 23 | | this Article for
the seizure and forfeiture of vehicles used in | 24 | | violations of clauses (a), (b),
(c), or (d) of this Section.
| 25 | | If the spouse of the owner of a vehicle seized for
an | 26 | | offense described in subsection (g) of Section 6-303 of the
|
| | | HB2185 | - 5 - | LRB098 10128 RLC 40287 b |
|
| 1 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | 2 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | 3 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| 4 | | Code makes a showing
that the seized vehicle is the only source | 5 | | of transportation and it is
determined that the financial | 6 | | hardship to the family as a result of the seizure
outweighs the | 7 | | benefit to the State from the seizure, the vehicle may be
| 8 | | forfeited to the spouse or family member and the title to the | 9 | | vehicle shall be
transferred to the spouse or family member who | 10 | | is properly licensed and who
requires the use of the vehicle | 11 | | for employment or family transportation
purposes. A written | 12 | | declaration of forfeiture of a vehicle under this
Section shall | 13 | | be sufficient cause for the title to be transferred to the | 14 | | spouse
or family member. The provisions of this paragraph shall | 15 | | apply only to one
forfeiture per vehicle. If the vehicle is the | 16 | | subject of a subsequent
forfeiture proceeding by virtue of a | 17 | | subsequent conviction of either spouse or
the family member, | 18 | | the spouse or family member to whom the vehicle was
forfeited | 19 | | under the first forfeiture proceeding may not utilize the
| 20 | | provisions of this paragraph in another forfeiture proceeding. | 21 | | If the owner of
the vehicle seized owns more than one vehicle,
| 22 | | the procedure set out in this paragraph may be used for only | 23 | | one vehicle.
| 24 | | Property declared contraband under Section 40 of the | 25 | | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 26 | | seized and forfeited under this
Article.
|
| | | HB2185 | - 6 - | LRB098 10128 RLC 40287 b |
|
| 1 | | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; | 2 | | 96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. | 3 | | 1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, | 4 | | Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; | 5 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
|