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92_HB2299eng HB2299 Engrossed LRB9205089ARsb 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 36-1 as follows: 6 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) 7 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft 8 used with the knowledge and consent of the owner in the 9 commission of, or in the attempt to commit as defined in 10 Section 8-4 of this Code, an offense prohibited by (a) 11 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 12 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 13 19-3, 20-1, 20-2, 24-1.2, 24-1.5,or28-1, 31-5, or 31-7 of 14 this Code, or paragraph (a) of Section 12-15 or paragraphs 15 (a), (c) or (d) of Section 12-16 of this Code or paragraphs 16 (a), (b), (c), or (d) of Section 31-6 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 HB2299 Engrossed -2- LRB9205089ARsb 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 HB2299 Engrossed -3- LRB9205089ARsb 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 Property declared contraband under Section 40 of the 21 Illinois Streetgang Terrorism Omnibus Prevention Act may be 22 seized and forfeited under this Article. 23 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98; 24 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 91-876, eff. 25 1-1-01.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.