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.