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90_SB0015enr 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. LRB9000806RCks SB15 Enrolled LRB9000806RCks 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 SB15 Enrolled -2- LRB9000806RCks 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.)