Public Act 90-0216 of the 90th General Assembly
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Public Act 90-0216
SB15 Enrolled LRB9000806RCks
AN ACT to amend the Criminal Code of 1961 by changing
Section 36-1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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, 24-1.5, 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; 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.)