103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2356
 
Introduced 2/14/2023, by Rep. Paul Jacobs
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/108-15 new

     Amends the Code of Criminal Procedure of 1963.  Provides that a State's Attorney may petition the court to impound a vehicle that has been used in the commission of the following offenses under the Criminal Code of 2012: (1) first degree murder; (2) aggravated discharge of a firearm; (3) aggravated battery involving the use of a firearm; (4)  reckless discharge of a firearm; or  (5) any other offense involving a vehicle in  which a firearm was used in the commission of the offense.  Provides that if the vehicle was not owned by the defendant, the State's Attorney may petition the court to impound the vehicle if the owner of the vehicle knew or should have known that the vehicle was being used in the commission of the offense. Provides that if the court has probable cause to believe that a vehicle was used in the commission of any of the  offenses described in this provision, the court may order the impoundment of  the vehicle for a maximum of 90 days.
  


LRB103 29978 RLC 56397 b

 
 
A BILL FOR
 

  
HB2356LRB103 29978 RLC 56397 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by adding Section 108-15 as follows:
 
6    (725 ILCS 5/108-15 new)
7    Sec. 108-15. Impoundment of vehicles in certain cases. 
8    (a) A State's Attorney may petition the court to impound a 
9vehicle that has been used in the commission of the following 
10offenses under the Criminal Code of 2012:
11    (1) first degree murder under Section 9-1;
12    (2) aggravated discharge of a firearm under Section 
1324-1.2;
14    (3) aggravated battery under subsection (e) of Section 
1512-3.05;
16    (4)  reckless discharge of a firearm under Section 24-1.5;  
17or
18    (5) any other offense involving a vehicle in  which a 
19firearm was used in the commission of the offense.
20    (b)  If the vehicle was not owned by the defendant, the 
21State's Attorney may petition the court to impound the vehicle 
22if the owner of the vehicle knew or should have known that the 
23vehicle was being used in the commission of the offense.
 
 
HB2356- 2 -LRB103 29978 RLC 56397 b

1    (c)  If the court has probable cause to believe that a 
2vehicle was used in the commission of any of the  offenses 
3described in this Section, the court may order the impoundment 
4of the vehicle for a maximum of 90 days.