Full Text of SB3029 96th General Assembly
SB3029enr 96TH GENERAL ASSEMBLY
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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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| 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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| 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; (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 |
| or (5) the person committed the violation while he or she knew | 8 |
| or should have known that the vehicle he or she was driving was | 9 |
| not covered by a liability insurance policy the offenses | 10 |
| described in the
following provisions of the Illinois Vehicle | 11 |
| Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | 12 |
| (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H) ; (g) | 13 |
| an offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code; or (h) an offense described in | 15 |
| subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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| may be
seized and delivered forthwith to the sheriff of the | 17 |
| county of seizure.
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| Within 15 days after such delivery the sheriff shall give | 19 |
| notice of seizure
to each person according to the following | 20 |
| method: Upon each such person
whose right, title or interest is | 21 |
| of record in the office of the Secretary
of State, the | 22 |
| Secretary of Transportation, the Administrator of the Federal
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| Aviation Agency, or any other Department of this State, or any | 24 |
| other state
of the United States if such vessel, vehicle or | 25 |
| aircraft is required to be
so registered, as the case may be, | 26 |
| by mailing a copy of the notice by
certified mail to the |
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| address as given upon the records of the Secretary of
State, | 2 |
| the Department of Aeronautics, Department of Public Works and
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| Buildings or any other Department of this State or the United | 4 |
| States if
such vessel, vehicle or aircraft is required to be so | 5 |
| registered. Within
that 15 day period the sheriff shall also | 6 |
| notify the State's Attorney of
the county of seizure about the | 7 |
| seizure.
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| In addition, any mobile or portable equipment used in the | 9 |
| commission of an
act which is in violation of Section 7g of the | 10 |
| Metropolitan Water Reclamation
District Act shall be subject to | 11 |
| seizure and forfeiture under the same
procedures provided in | 12 |
| this Article for the seizure and forfeiture of vessels,
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| vehicles and aircraft, and any such equipment shall be deemed a | 14 |
| vessel, vehicle
or aircraft for purposes of this Article.
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| When a person discharges a firearm at another individual | 16 |
| from a vehicle with
the knowledge and consent of the owner of | 17 |
| the vehicle and with the intent to
cause death or great bodily | 18 |
| harm to that individual and as a result causes
death or great | 19 |
| bodily harm to that individual, the vehicle shall be subject to
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| seizure and forfeiture under the same procedures provided in | 21 |
| this Article for
the seizure and forfeiture of vehicles used in | 22 |
| 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 | 24 |
| 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), | 26 |
| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 |
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| of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | 2 |
| a showing
that the seized vehicle is the only source of | 3 |
| transportation and it is
determined that the financial hardship | 4 |
| to the family as a result of the seizure
outweighs the benefit | 5 |
| to the State from the seizure, the vehicle may be
forfeited to | 6 |
| the spouse or family member and the title to the vehicle shall | 7 |
| be
transferred to the spouse or family member who is properly | 8 |
| licensed and who
requires the use of the vehicle for employment | 9 |
| or family transportation
purposes. A written declaration of | 10 |
| forfeiture of a vehicle under this
Section shall be sufficient | 11 |
| cause for the title to be transferred to the spouse
or family | 12 |
| member. The provisions of this paragraph shall apply only to | 13 |
| one
forfeiture per vehicle. If the vehicle is the subject of a | 14 |
| subsequent
forfeiture proceeding by virtue of a subsequent | 15 |
| conviction of either spouse or
the family member, the spouse or | 16 |
| family member to whom the vehicle was
forfeited under the first | 17 |
| forfeiture proceeding may not utilize the
provisions of this | 18 |
| paragraph in another forfeiture proceeding. If the owner of
the | 19 |
| vehicle seized owns more than one vehicle,
the procedure set | 20 |
| out in this paragraph may be used for only one vehicle.
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| Property declared contraband under Section 40 of the | 22 |
| Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 23 |
| 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 | 25 |
| 10-9-09.)
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