State of Illinois
90th General Assembly
Legislation

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90_SB0233

      625 ILCS 5/11-204         from Ch. 95 1/2, par. 11-204
      625 ILCS 5/11-204.1       from Ch. 95 1/2, par. 11-204.1
      720 ILCS 5/36-1           from Ch. 38, par. 36-1
          Amends the Illinois Vehicle Code and the Criminal Code of
      1961.  Amends the Vehicle Code to increase the penalties  for
      fleeing   or   attempting  to  elude  a  police  officer  and
      aggravated fleeing or attempting to elude a  police  officer.
      For the fleeing or attempting to elude offense, provides that
      the  Secretary  of  State  shall  (instead  of may) suspend a
      driver's license, and increases the period of suspension  for
      a second conviction.  Makes a third or subsequent violation a
      Class  4  felony.  Provides  that  an  aggravated  offense is
      committed when the flight or attempt is at a certain rate  of
      speed,  causes  bodily  injury,  or  causes  property  damage
      (instead  of  requiring  a  certain  rate of speed and bodily
      injury or private property damage).  Removes a provision that
      provides that any person convicted for the aggravated offense
      is guilty of a Class 4 felony if the  flight  or  attempt  to
      elude  causes  bodily  injury  to any individual.  Amends the
      Criminal Code of 1961 to provide that  the  vehicle  used  in
      the  aggravated offense is subject to seizure and forfeiture.
      Effective immediately.
                                                    LRB9001411NTsbA
                                              LRB9001411NTsbA
 1        AN ACT  concerning vehicles, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 11-204 and 11-204.1 as follows:
 6        (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
 7        Sec.  11-204.  Fleeing  or  attempting  to  elude  police
 8    officer. (a) Any driver or operator of a motor  vehicle  who,
 9    having  been  given  a  visual  or  audible signal by a peace
10    officer directing  such  driver  or  operator  to  bring  his
11    vehicle  to  a  stop,  wilfully fails or refuses to obey such
12    direction, increases his speed, extinguishes his  lights,  or
13    otherwise  flees  or attempts to elude the officer, is guilty
14    of a Class A B misdemeanor. The signal  given  by  the  peace
15    officer  may  be  by  hand,  voice, siren, red or blue light.
16    Provided, the officer giving such signal shall be  in  police
17    uniform,  and,  if  driving  a  vehicle,  such  vehicle shall
18    display illuminated oscillating, rotating or flashing red  or
19    blue  lights  which  when used in conjunction with an audible
20    horn or siren would indicate the vehicle to  be  an  official
21    police  vehicle.  Such requirement shall not preclude the use
22    of amber or white oscillating, rotating or flashing lights in
23    conjunction  with  red  or  blue  oscillating,  rotating   or
24    flashing lights as required in Section 12-215 of Chapter 12.
25        (b)  Upon   receiving   notice  of  such  conviction  the
26    Secretary of State shall may forthwith  suspend  the  drivers
27    license  of  the person so convicted for a period of not more
28    than 6 months for a first conviction and  not  more  than  12
29    months for a second conviction.
30        (c)  A third or subsequent violation of this Section is a
31    Class 4 felony.
                            -2-               LRB9001411NTsbA
 1    (Source: P.A. 85-830.)
 2        (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
 3        Sec.  11-204.1.  Aggravated fleeing or attempt to elude a
 4    police officer.
 5        (a)  The offense of aggravated fleeing or  attempting  to
 6    elude a police officer is committed by any driver or operator
 7    of  a  motor  vehicle who flees or attempts to elude a police
 8    officer, after being given a visual or audible  signal  by  a
 9    police  officer in the manner prescribed in subsection (a) of
10    Section 11-204 of this Code, and such flight  or  attempt  to
11    elude:
12             (1)  is  at  a  rate  of speed at least 21 miles per
13        hour over the legal speed limit; and
14             (2)  causes bodily injury to any individual; or
15             (3) causes damage  in  excess  of  $300  to  private
16        property.
17        (b)  Any  person  convicted  of a first violation of this
18    Section shall be guilty of a Class 4 felony A misdemeanor  if
19    the  flight  or  attempt  to elude causes damage in excess of
20    $300  to  private  property.   Any  person  convicted  of   a
21    violation of this Section shall be guilty of a Class 4 felony
22    if the flight or attempt to elude causes bodily injury to any
23    individual. Upon notice of such a conviction the Secretary of
24    State  shall  forthwith  revoke  the  driver's license of the
25    person so convicted, as provided in  Section  6-205  of  this
26    Code.   Any  person  convicted  of  a  second  or  subsequent
27    violation of this Section within  five  years  of  any  prior
28    conviction  of  this  Section  shall be guilty of a Class 3 4
29    felony, and upon notice of such a conviction the Secretary of
30    State shall forthwith revoke  the  driver's  license  of  the
31    person convicted, as provided in Section 6-205 of the Code.
32        (c)  The  motor  vehicle  used  in  a  violation  of this
33    Section is subject to seizure and forfeiture as  provided  in
                            -3-               LRB9001411NTsbA
 1    Sections 36-1 and 36-2 of the Criminal Code of 1961.
 2    (Source: P.A. 88-679, eff. 7-1-95.)
 3        Section   10.   The  Criminal  Code of 1961 is amended by
 4    changing Section 36-1 as follows:
 5        (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
 6        Sec. 36-1.  Seizure.  Any  vessel,  vehicle  or  aircraft
 7    used  with  the  knowledge  and  consent  of the owner in the
 8    commission of, or in the attempt  to  commit  as  defined  in
 9    Section  8-4  of  this  Code,  an  offense  prohibited by (a)
10    Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,  11-20.1,
11    12-7.3,  12-7.4,  12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
12    20-2, 24-1.2 or 28-1  of  this  Code,  or  paragraph  (a)  of
13    Section  12-15 or paragraphs (a), (c) or (d) of Section 12-16
14    of this Code; (b) Section  21,  22,  23,  24  or  26  of  the
15    Cigarette Tax Act if the vessel, vehicle or aircraft contains
16    more  than  10 cartons of such cigarettes; (c) Section 28, 29
17    or 30 of the Cigarette Use Tax Act if the vessel, vehicle  or
18    aircraft contains more than 10 cartons of such cigarettes; or
19    (d)  Section  44  of the Environmental Protection Act; or (e)
20    11-204.1 of the Illinois Vehicle  Code;  may  be  seized  and
21    delivered  forthwith to the sheriff of the county of seizure.
22        Within 15 days after such delivery the sheriff shall give
23    notice of seizure to each person according to  the  following
24    method:  Upon each such person whose right, title or interest
25    is of record in the office of the  Secretary  of  State,  the
26    Secretary of Transportation, the Administrator of the Federal
27    Aviation  Agency,  or  any other Department of this State, or
28    any other state of the United States if such vessel,  vehicle
29    or  aircraft is required to be so registered, as the case may
30    be, by mailing a copy of the notice by certified mail to  the
31    address  as given upon the records of the Secretary of State,
32    the Department of Aeronautics, Department of Public Works and
                            -4-               LRB9001411NTsbA
 1    Buildings or any other Department of this State or the United
 2    States if such vessel, vehicle or aircraft is required to  be
 3    so  registered.  Within  that 15 day period the sheriff shall
 4    also notify the State's Attorney of  the  county  of  seizure
 5    about the seizure.
 6        In addition, any mobile or portable equipment used in the
 7    commission  of  an act which is in violation of Section 7g of
 8    the Metropolitan Water  Reclamation  District  Act  shall  be
 9    subject  to  seizure and forfeiture under the same procedures
10    provided in this Article for the seizure  and  forfeiture  of
11    vessels,  vehicles and aircraft, and any such equipment shall
12    be deemed a vessel, vehicle or aircraft for purposes of  this
13    Article.
14        When  a person discharges a firearm at another individual
15    from a vehicle with the knowledge and consent of the owner of
16    the vehicle and with the  intent  to  cause  death  or  great
17    bodily  harm  to that individual and as a result causes death
18    or great bodily harm to that individual, the vehicle shall be
19    subject to seizure and forfeiture under the  same  procedures
20    provided  in  this  Article for the seizure and forfeiture of
21    vehicles used in violations of clauses (a), (b), (c), or  (d)
22    of this Section.
23    (Source:  P.A.  88-669,  eff. 11-29-94; 88-670, eff. 12-2-94;
24    88-679, eff. 7-1-95.)
25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.

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