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90_SB0233eng
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
SB233 Engrossed 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.
SB233 Engrossed -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
SB233 Engrossed -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
SB233 Engrossed -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.