Public Act 93-0187

SB1581 Enrolled                      LRB093 06314 DRH 06433 b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Section 6-101 as follows:

    (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
    Sec. 6-101.  Drivers must have licenses or Permits.
    (a)  No  person,  except  those  expressly  exempted   by
Section  6-102,  shall drive any motor vehicle upon a highway
in this State unless such  person  has  a  valid  license  or
permit,  or  a  restricted  driving  permit, issued under the
provisions of this Act.
    (b)  No person shall drive  a  motor  vehicle  unless  he
holds  a  valid  license  or  permit, or a restricted driving
permit issued under the provisions of Section  6-205,  6-206,
or  6-113 of this Act. Any person to whom a license is issued
under the provisions  of  this  Act  must  surrender  to  the
Secretary  of State all valid licenses or permits. No drivers
license shall be issued to  any  person  who  holds  a  valid
Foreign  State license unless such person first surrenders to
the Secretary of State any such valid Foreign State license.
    (c)  Any person licensed as a driver hereunder shall  not
be  required by any city, village, incorporated town or other
municipal corporation to obtain any other license to exercise
the privilege thereby granted.
    (d)  In addition to other penalties  imposed  under  this
Section,  any person in violation of this Section who is also
in violation of  Section  7-601  of  this  Code  relating  to
mandatory  insurance requirements shall have his or her motor
vehicle  immediately   impounded   by   the   arresting   law
enforcement  officer.   The  motor vehicle may be released to
any licensed driver upon a showing of proof of insurance  for
the  motor  vehicle  that  was  impounded  and  the notarized
written consent for the release by the vehicle owner.
    (e)  In addition to other penalties  imposed  under  this
Section,  the  vehicle  of  any  person  in violation of this
Section who is also in violation of  Section  7-601  of  this
Code relating to mandatory insurance requirements and who, in
violating  this  Section, has caused death or personal injury
to another person is subject  to  forfeiture  under  Sections
36-1  and 36-2 of the Criminal Code of 1961. For the purposes
of this Section, a personal injury shall include any  type  A
injury  as indicated on the traffic accident report completed
by  a  law  enforcement  officer  that   requires   immediate
professional  attention  in  either  a  doctor's  office or a
medical facility.  A type A  injury  shall  include  severely
bleeding  wounds,  distorted  extremities,  and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 90-559, eff. 6-1-98.)

    Section 10.  The Criminal Code  of  1961  is  amended  by
changing Section 36-1 as follows:

    (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
    Sec.  36-1.   Seizure.   Any  vessel, vehicle or aircraft
used with the knowledge and  consent  of  the  owner  in  the
commission  of,  or  in  the  attempt to commit as defined in
Section 8-4 of  this  Code,  an  offense  prohibited  by  (a)
Section  9-1,  9-3,  10-2,  11-6,  11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-4.1, 12-4.2, 12-4.2-5,  12-4.3,  12-4.6,  12-7.3,
12-7.4,  12-13,  12-14,  18-2,  19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6, 24-1.2, 24-1.2-5,  24-1.5,  or  28-1  of  this  Code,
paragraph  (a) of Section 12-4 of this Code, paragraph (a) of
Section 12-15 or paragraphs (a), (c) or (d) of Section  12-16
of  this  Code, or paragraph (a)(6) or (a)(7) of Section 24-1
of this Code; (b) Section  21,  22,  23,  24  or  26  of  the
Cigarette Tax Act if the vessel, vehicle or aircraft contains
more  than  10 cartons of such cigarettes; (c) Section 28, 29
or 30 of the Cigarette Use Tax Act if the vessel, vehicle  or
aircraft  contains  more  than 10 cartons of such cigarettes;
(d) Section 44  of  the  Environmental  Protection  Act;  (e)
11-204.1  of  the  Illinois  Vehicle  Code;  (f) the offenses
described in the following provisions of the Illinois Vehicle
Code:  Section  11-501   subdivisions   (c-1)(1),   (c-1)(2),
(c-1)(3),   (d)(1)(A),   or  (d)(1)(D);  or  (g)  an  offense
described in subsection (g) of Section 6-303 of the  Illinois
Vehicle  Code;  or (h) an offense described in subsection (e)
of Section 6-101 of the Illinois Vehicle Code; may be  seized
and  delivered  forthwith  to  the  sheriff  of the county of
seizure.
    Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to  the  following
method:  Upon each such person whose right, title or interest
is of record in the office of the  Secretary  of  State,  the
Secretary of Transportation, the Administrator of the Federal
Aviation  Agency,  or  any other Department of this State, or
any other state of the United States if such vessel,  vehicle
or  aircraft is required to be so registered, as the case may
be, by mailing a copy of the notice by certified mail to  the
address  as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to  be
so  registered.  Within  that 15 day period the sheriff shall
also notify the State's Attorney of  the  county  of  seizure
about the seizure.
    In addition, any mobile or portable equipment used in the
commission  of  an act which is in violation of Section 7g of
the Metropolitan Water  Reclamation  District  Act  shall  be
subject  to  seizure and forfeiture under the same procedures
provided in this Article for the seizure  and  forfeiture  of
vessels,  vehicles and aircraft, and any such equipment shall
be deemed a vessel, vehicle or aircraft for purposes of  this
Article.
    When  a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the  intent  to  cause  death  or  great
bodily  harm  to that individual and as a result causes death
or great bodily harm to that individual, the vehicle shall be
subject to seizure and forfeiture under the  same  procedures
provided  in  this  Article for the seizure and forfeiture of
vehicles used in violations of clauses (a), (b), (c), or  (d)
of this Section.
    If  the  spouse  of  the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303  of  the
Illinois  Vehicle  Code, a violation of subdivision (c-1)(1),
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
of the Illinois Vehicle Code, or Section  9-3  of  this  Code
makes a showing that the seized vehicle is the only source of
transportation  and  it  is  determined  that  the  financial
hardship  to  the family as a result of the seizure outweighs
the benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or  family  member
who  is  properly  licensed  and  who requires the use of the
vehicle for employment or family transportation purposes.   A
written  declaration  of  forfeiture  of a vehicle under this
Section shall  be  sufficient  cause  for  the  title  to  be
transferred  to  the spouse or family member.  The provisions
of this paragraph shall apply  only  to  one  forfeiture  per
vehicle.   If  the  vehicle  is  the  subject of a subsequent
forfeiture proceeding by virtue of a subsequent conviction of
either spouse or the family  member,  the  spouse  or  family
member  to  whom  the  vehicle  was forfeited under the first
forfeiture proceeding may not utilize the provisions of  this
paragraph  in another forfeiture proceeding.  If the owner of
the vehicle seized owns more than one vehicle, the  procedure
set out in this paragraph may be used for only one vehicle.
    Property  declared  contraband  under  Section  40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act  may  be
seized and forfeited under this Article.
(Source:  P.A.  91-876,  eff.  1-1-01;  92-57,  eff.  1-1-02;
92-688, eff. 7-16-02.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.