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Public Act 91-0876
HB4231 Enrolled LRB9112002RCpk
AN ACT in relation to streetgangs.
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 Sections 36-1 and 37-1 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, 12-7.3, 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; (d) Section 44 of the Environmental
Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; or
(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); 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 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. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)
(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
Sec. 37-1. Maintaining Public Nuisance. Any building used
in the commission of offenses prohibited by Sections 9-1,
10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1,
11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1 (a) (1), 24-1
(a) (7), 24-3, 28-1, 28-3, 31-5 or 39A-1 of the "Criminal
Code of 1961", approved July 28, 1961, as heretofore and
hereafter amended, or prohibited by the "Illinois Controlled
Substances Act", or the "Cannabis Control Act" enacted by the
77th General Assembly, as heretofore and hereafter amended,
or used in the commission of an inchoate offense relative to
any of the aforesaid principal offenses, or any real property
erected, established, maintained, owned, leased, or used by a
streetgang for the purpose of conducting streetgang related
activity as defined in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act is a public nuisance.
(b) Sentence. A person convicted of knowingly
maintaining such a public nuisance commits a Class A
misdemeanor. Each subsequent offense under this Section is a
Class 4 felony.
(Source: P.A. 85-384.)
Section 10. The Illinois Streetgang Terrorism Omnibus
Prevention Act is amended by adding Sections 40 and 45 as
follows:
(740 ILCS 147/40 new)
Sec. 40. Contraband.
(a) The following are declared to be contraband and no
person shall have a property interest in them:
(1) any property that is directly or indirectly used
or intended for use in any manner to facilitate
streetgang related activity; and
(2) any property constituting or derived from gross
profits or other proceeds obtained from streetgang
related activity.
(b) Within 60 days of the date of the seizure of
contraband under this Section, the State's Attorney shall
initiate forfeiture proceedings as provided in Article 36 of
the Criminal Code of 1961. An owner or person who has a lien
on the property may establish as a defense to the forfeiture
of property that is subject to forfeiture under this Section
that the owner or lienholder had no knowledge that the
property was acquired through a pattern of streetgang related
activity. Property that is forfeited under this Section
shall be disposed of as provided in Article 36 of the
Criminal Code of 1961 for the forfeiture of vehicles,
vessels, and aircraft. The proceeds of the disposition shall
be paid to the Gang Violence Victims and Witnesses Fund to be
used to assist in the prosecution of gang crimes.
(740 ILCS 147/45 new)
Sec. 45. Abatement as public nuisance.
(a) Any real property that is erected, established,
maintained, owned, leased, or used by any streetgang for the
purpose of conducting streetgang related activity constitutes
a public nuisance and may be abated as provided in Article 37
of the Criminal Code of 1961 relating to public nuisances.
(b) An action to abate a nuisance under this Section may
be brought by the State's Attorney of the county where the
seizure occurred.
(c) Any person who is injured by reason of streetgang
related activity shall have a cause of action for 3 times the
actual damages sustained and, if appropriate, punitive
damages; however, no cause of action shall arise under this
subsection (c) as a result of an otherwise legitimate
commercial transaction between parties to a contract or
agreement for the sale of lawful goods or property or the
sale of securities regulated by the Illinois Securities Law
of 1953 or by the federal Securities and Exchange Commission.
The person shall also recover reasonable attorney's fees,
costs, and expenses.
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