Public Act 90-0134 of the 90th General Assembly
Public Act 90-0134
SB233 Enrolled LRB9001411NTsbA
AN ACT concerning vehicles, amending named Acts.
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 Sections 11-204 and 11-204.1 as follows:
(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
Sec. 11-204. Fleeing or attempting to elude police
officer. (a) Any driver or operator of a motor vehicle who,
having been given a visual or audible signal by a peace
officer directing such driver or operator to bring his
vehicle to a stop, wilfully fails or refuses to obey such
direction, increases his speed, extinguishes his lights, or
otherwise flees or attempts to elude the officer, is guilty
of a Class A B misdemeanor. The signal given by the peace
officer may be by hand, voice, siren, red or blue light.
Provided, the officer giving such signal shall be in police
uniform, and, if driving a vehicle, such vehicle shall
display illuminated oscillating, rotating or flashing red or
blue lights which when used in conjunction with an audible
horn or siren would indicate the vehicle to be an official
police vehicle. Such requirement shall not preclude the use
of amber or white oscillating, rotating or flashing lights in
conjunction with red or blue oscillating, rotating or
flashing lights as required in Section 12-215 of Chapter 12.
(b) Upon receiving notice of such conviction the
Secretary of State shall may forthwith suspend the drivers
license of the person so convicted for a period of not more
than 6 months for a first conviction and not more than 12
months for a second conviction.
(c) A third or subsequent violation of this Section is a
Class 4 felony.
(Source: P.A. 85-830.)
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempt to elude a
police officer.
(a) The offense of aggravated fleeing or attempting to
elude a police officer is committed by any driver or operator
of a motor vehicle who flees or attempts to elude a police
officer, after being given a visual or audible signal by a
police officer in the manner prescribed in subsection (a) of
Section 11-204 of this Code, and such flight or attempt to
elude:
(1) is at a rate of speed at least 21 miles per
hour over the legal speed limit; and
(2) causes bodily injury to any individual; or
(3) causes damage in excess of $300 to private
property.
(b) Any person convicted of a first violation of this
Section shall be guilty of a Class 4 felony A misdemeanor if
the flight or attempt to elude causes damage in excess of
$300 to private property. Any person convicted of a
violation of this Section shall be guilty of a Class 4 felony
if the flight or attempt to elude causes bodily injury to any
individual. Upon notice of such a conviction the Secretary of
State shall forthwith revoke the driver's license of the
person so convicted, as provided in Section 6-205 of this
Code. Any person convicted of a second or subsequent
violation of this Section within five years of any prior
conviction of this Section shall be guilty of a Class 3 4
felony, and upon notice of such a conviction the Secretary of
State shall forthwith revoke the driver's license of the
person convicted, as provided in Section 6-205 of the Code.
(c) The motor vehicle used in a violation of this
Section is subject to seizure and forfeiture as provided in
Sections 36-1 and 36-2 of the Criminal Code of 1961.
(Source: P.A. 88-679, eff. 7-1-95.)
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, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
20-2, 24-1.2 or 28-1 of this Code, or paragraph (a) of
Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16
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; or
(d) Section 44 of the Environmental Protection Act; or (e)
11-204.1 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.
(Source: P.A. 88-669, eff. 11-29-94; 88-670, eff. 12-2-94;
88-679, eff. 7-1-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.