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90_SB0015
720 ILCS 5/36-1 from Ch. 38, par. 36-1
Amends the Criminal Code of 1961. Provides for the
seizure by the county sheriff and sale at public auction 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 the offense of reckless discharge of a firearm.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 36-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 36-1 as follows:
7 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
8 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
9 used with the knowledge and consent of the owner in the
10 commission of, or in the attempt to commit as defined in
11 Section 8-4 of this Code, an offense prohibited by (a)
12 Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
13 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
14 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a)
15 of Section 12-15 or paragraphs (a), (c) or (d) of Section
16 12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
17 Cigarette Tax Act if the vessel, vehicle or aircraft contains
18 more than 10 cartons of such cigarettes; (c) Section 28, 29
19 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
20 aircraft contains more than 10 cartons of such cigarettes; or
21 (d) Section 44 of the Environmental Protection Act; may be
22 seized and delivered forthwith to the sheriff of the county
23 of seizure.
24 Within 15 days after such delivery the sheriff shall give
25 notice of seizure to each person according to the following
26 method: Upon each such person whose right, title or interest
27 is of record in the office of the Secretary of State, the
28 Secretary of Transportation, the Administrator of the Federal
29 Aviation Agency, or any other Department of this State, or
30 any other state of the United States if such vessel, vehicle
31 or aircraft is required to be so registered, as the case may
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1 be, by mailing a copy of the notice by certified mail to the
2 address as given upon the records of the Secretary of State,
3 the Department of Aeronautics, Department of Public Works and
4 Buildings or any other Department of this State or the United
5 States if such vessel, vehicle or aircraft is required to be
6 so registered. Within that 15 day period the sheriff shall
7 also notify the State's Attorney of the county of seizure
8 about the seizure.
9 In addition, any mobile or portable equipment used in the
10 commission of an act which is in violation of Section 7g of
11 the Metropolitan Water Reclamation District Act shall be
12 subject to seizure and forfeiture under the same procedures
13 provided in this Article for the seizure and forfeiture of
14 vessels, vehicles and aircraft, and any such equipment shall
15 be deemed a vessel, vehicle or aircraft for purposes of this
16 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
20 bodily harm to that individual and as a result causes death
21 or great bodily harm to that individual, the vehicle shall be
22 subject to seizure and forfeiture under the same procedures
23 provided in this Article for the seizure and forfeiture of
24 vehicles used in violations of clauses (a), (b), (c), or (d)
25 of this Section.
26 (Source: P.A. 88-669, eff. 11-29-94; 88-670, eff. 12-2-94;
27 88-679, eff. 7-1-95.)