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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_HB0251
LRB9101757RCdv
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 36-1 and 47-15.
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 Sections 36-1 and 47-15 as follows:
7 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
8 Sec. 36-1. Seizure.
9 Any vessel, vehicle or aircraft used with the knowledge
10 and consent of the owner in the commission of, or in the
11 attempt to commit as defined in Section 8-4 of this Code, an
12 offense prohibited by (a) Section 9-1, 9-3, 10-2, 11-6,
13 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-7.3, 12-7.4, 12-13,
14 12-14, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or
15 28-1 of this Code, or paragraph (a) of Section 12-15 or
16 paragraphs (a), (c) or (d) of Section 12-16 of this Code; (b)
17 Section 21, 22, 23, 24 or 26 of the Cigarette Tax Act if the
18 vessel, vehicle or aircraft contains more than 10 cartons of
19 such cigarettes; (c) Section 28, 29 or 30 of the Cigarette
20 Use Tax Act if the vessel, vehicle or aircraft contains more
21 than 10 cartons of such cigarettes; (d) Section 44 of the
22 Environmental Protection Act; (e) 11-204.1 of the Illinois
23 Vehicle Code; or (f) the offenses described in the following
24 provisions of the Illinois Vehicle Code: Section 11-501
25 subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or
26 (d)(1)(D); may be seized and delivered forthwith to the
27 sheriff of the county of seizure.
28 Within 15 days after such delivery the sheriff shall give
29 notice of seizure to each person according to the following
30 method: Upon each such person whose right, title or interest
31 is of record in the office of the Secretary of State, the
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1 Secretary of Transportation, the Administrator of the Federal
2 Aviation Agency, or any other Department of this State, or
3 any other state of the United States if such vessel, vehicle
4 or aircraft is required to be so registered, as the case may
5 be, by mailing a copy of the notice by certified mail to the
6 address as given upon the records of the Secretary of State,
7 the Department of Aeronautics, Department of Public Works and
8 Buildings or any other Department of this State or the United
9 States if such vessel, vehicle or aircraft is required to be
10 so registered. Within that 15 day period the sheriff shall
11 also notify the State's Attorney of the county of seizure
12 about the seizure.
13 In addition, any mobile or portable equipment used in the
14 commission of an act which is in violation of Section 7g of
15 the Metropolitan Water Reclamation District Act shall be
16 subject to seizure and forfeiture under the same procedures
17 provided in this Article for the seizure and forfeiture of
18 vessels, vehicles and aircraft, and any such equipment shall
19 be deemed a vessel, vehicle or aircraft for purposes of this
20 Article.
21 When a person discharges a firearm at another individual
22 from a vehicle with the knowledge and consent of the owner of
23 the vehicle and with the intent to cause death or great
24 bodily harm to that individual and as a result causes death
25 or great bodily harm to that individual, the vehicle shall be
26 subject to seizure and forfeiture under the same procedures
27 provided in this Article for the seizure and forfeiture of
28 vehicles used in violations of clauses (a), (b), (c), or (d)
29 of this Section.
30 If the spouse of the owner of a vehicle seized for a
31 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
32 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
33 Vehicle Code or Section 9-3 of this Code makes a showing that
34 the seized vehicle is the only source of transportation and
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1 it is determined that the financial hardship to the family as
2 a result of the seizure outweighs the benefit to the State
3 from the seizure, the vehicle may be forfeited to the spouse
4 or family member and the title to the vehicle shall be
5 transferred to the spouse or family member who is properly
6 licensed and who requires the use of the vehicle for
7 employment or family transportation purposes. A written
8 declaration of forfeiture of a vehicle under this Section
9 shall be sufficient cause for the title to be transferred to
10 the spouse or family member. The provisions of this
11 paragraph shall apply only to one forfeiture per vehicle. If
12 the vehicle is the subject of a subsequent forfeiture
13 proceeding by virtue of a subsequent conviction of either
14 spouse or the family member, the spouse or family member to
15 whom the vehicle was forfeited under the first forfeiture
16 proceeding may not utilize the provisions of this paragraph
17 in another forfeiture proceeding. If the owner of the
18 vehicle seized owns more than one vehicle, the procedure set
19 out in this paragraph may be used for only one vehicle.
20 A motor vehicle used in the commission of a violation of
21 Section 47-15 of this Code is subject to seizure and
22 forfeiture under this Article to satisfy the payment of the
23 statutory minimum fine required under that Section to the
24 extent of the equity interest of the defendant in the motor
25 vehicle.
26 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
27 90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)
28 (720 ILCS 5/47-15)
29 Sec. 47-15. Dumping garbage upon real property.
30 (a) It is unlawful for a person to dump, deposit, or
31 place garbage, rubbish, trash, or refuse upon real property
32 not owned by that person without the consent of the owner or
33 person in possession of the real property.
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1 (b) A person who violates this Section is liable to the
2 owner or person in possession of the real property on which
3 the garbage, rubbish, trash, or refuse is dumped, deposited,
4 or placed for the reasonable costs incurred by the owner or
5 person in possession for cleaning up and properly disposing
6 of the garbage, rubbish, trash, or refuse, and for reasonable
7 attorneys' fees.
8 (c) A person violating this Section is guilty of a Class
9 B misdemeanor for which the court must impose a minimum fine
10 of $500. A second conviction for an offense committed after
11 the first conviction is a Class A misdemeanor for which the
12 court must impose a minimum fine of $500. A third or
13 subsequent violation, committed after a second conviction, is
14 a Class 4 felony for which the court must impose a minimum
15 fine of $500. A person who violates this Section and who has
16 an equity interest in a motor vehicle used in violation of
17 this Section is presumed to have the financial resources to
18 pay the minimum fine not exceeding his or her equity interest
19 in the vehicle. Personal property used by a person in
20 violation of this Section shall on the third or subsequent
21 conviction of the person be forfeited to the county where the
22 violation occurred and disposed of at a public sale. Before
23 the forfeiture, the court shall conduct a hearing to
24 determine whether property is subject to forfeiture under
25 this Section. At the forfeiture hearing the State has the
26 burden of establishing by a preponderance of the evidence
27 that property is subject to forfeiture under this Section.
28 (d) The statutory minimum fine required by subsection
29 (c) is not subject to reduction or suspension unless the
30 defendant is indigent. If the defendant files a motion with
31 the court asserting his or her inability to pay the mandatory
32 fine required by this Section, the court must set a hearing
33 on the motion before sentencing. The court must require an
34 affidavit signed by the defendant containing sufficient
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1 information to ascertain the assets and liabilities of the
2 defendant. If the court determines that the defendant is
3 indigent, the court must waive the fine.
4 (Source: P.A. 89-234, eff. 1-1-96; 90-655, eff. 7-30-98.)