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| [ Senate Amendment 002 ] |
91_HB0251eng HB0251 Engrossed 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 HB0251 Engrossed -2- LRB9101757RCdv 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 HB0251 Engrossed -3- LRB9101757RCdv 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. HB0251 Engrossed -4- LRB9101757RCdv 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 HB0251 Engrossed -5- LRB9101757RCdv 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.)