093_HB2278
LRB093 03753 DRH 03787 b
1 AN ACT in relation to vehicular offenses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 11-204 and 11-204.1 as follows:
6 (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
7 Sec. 11-204. Fleeing or attempting to elude police
8 officer.
9 (a) Any driver or operator of a motor vehicle who,
10 having been given a visual or audible signal by a peace
11 officer directing such driver or operator to bring his
12 vehicle to a stop, wilfully fails or refuses to obey such
13 direction, increases his speed, extinguishes his lights, or
14 otherwise flees or attempts to elude the officer, is guilty
15 of a Class 4 felony Class A misdemeanor. The signal given by
16 the peace officer may be by hand, voice, siren, red or blue
17 light. Provided, the officer giving such signal shall be in
18 police uniform, and, if driving a vehicle, such vehicle shall
19 display illuminated oscillating, rotating or flashing red or
20 blue lights which when used in conjunction with an audible
21 horn or siren would indicate the vehicle to be an official
22 police vehicle. Such requirement shall not preclude the use
23 of amber or white oscillating, rotating or flashing lights in
24 conjunction with red or blue oscillating, rotating or
25 flashing lights as required in Section 12-215 of Chapter 12.
26 (b) Upon receiving notice of such conviction the
27 Secretary of State shall suspend the drivers license of the
28 person so convicted for a period of not more than 6 months
29 for a first conviction and not more than 12 months for a
30 second conviction.
31 (b-1) The motor vehicle used in a second or subsequent
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1 violation of this Section is subject to seizure and
2 forfeiture as provided in Sections 36-1 and 36-2 of the
3 Criminal Code of 1961.
4 (c) A third or subsequent violation of this Section is a
5 Class 3 4 felony.
6 (Source: P.A. 90-134, eff. 7-22-97.)
7 (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
8 Sec. 11-204.1. Aggravated fleeing or attempt to elude a
9 police officer.
10 (a) The offense of aggravated fleeing or attempting to
11 elude a police officer is committed by any driver or operator
12 of a motor vehicle who flees or attempts to elude a police
13 officer, after being given a visual or audible signal by a
14 police officer in the manner prescribed in subsection (a) of
15 Section 11-204 of this Code, and such flight or attempt to
16 elude:
17 (1) is at a rate of speed at least 21 miles per
18 hour over the legal speed limit;
19 (2) causes bodily injury to any individual; or
20 (3) causes damage in excess of $300 to property.
21 (b) Any person convicted of a first violation of this
22 Section shall be guilty of a Class 3 4 felony. Upon notice
23 of such a conviction the Secretary of State shall forthwith
24 revoke the driver's license of the person so convicted, as
25 provided in Section 6-205 of this Code. Any person convicted
26 of a second or subsequent violation of this Section shall be
27 guilty of a Class 2 3 felony, and upon notice of such a
28 conviction the Secretary of State shall forthwith revoke the
29 driver's license of the person convicted, as provided in
30 Section 6-205 of the Code.
31 (c) The motor vehicle used in a violation of this
32 Section is subject to seizure and forfeiture as provided in
33 Sections 36-1 and 36-2 of the Criminal Code of 1961.
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1 (Source: P.A. 90-134, eff. 7-22-97.)
2 Section 10. The Criminal Code of 1961 is amended by
3 changing Section 36-1 as follows:
4 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
5 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
6 used with the knowledge and consent of the owner in the
7 commission of, or in the attempt to commit as defined in
8 Section 8-4 of this Code, an offense prohibited by (a)
9 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
10 11-20.1, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3,
11 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2,
12 20.5-6, 24-1.2, 24-1.2-5, 24-1.5, or 28-1 of this Code,
13 paragraph (a) of Section 12-4 of this Code, paragraph (a) of
14 Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16
15 of this Code, or paragraph (a)(6) or (a)(7) of Section 24-1
16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
17 Cigarette Tax Act if the vessel, vehicle or aircraft contains
18 more than 10 cartons of such cigarettes; (c) Section 28, 29
19 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
20 aircraft contains more than 10 cartons of such cigarettes;
21 (d) Section 44 of the Environmental Protection Act; (e)
22 11-204.1 of the Illinois Vehicle Code; (f) the offenses
23 described in the following provisions of the Illinois Vehicle
24 Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2),
25 (c-1)(3), (d)(1)(A), or (d)(1)(D); or (g) an offense
26 described in subsection (g) of Section 6-303 of the Illinois
27 Vehicle Code; or (h) an offense described in subsection (b-1)
28 of Section 11-204 of the Illinois Vehicle Code; may be seized
29 and delivered forthwith to the sheriff of the county of
30 seizure.
31 Within 15 days after such delivery the sheriff shall give
32 notice of seizure to each person according to the following
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1 method: Upon each such person whose right, title or interest
2 is of record in the office of the Secretary of State, the
3 Secretary of Transportation, the Administrator of the Federal
4 Aviation Agency, or any other Department of this State, or
5 any other state of the United States if such vessel, vehicle
6 or aircraft is required to be so registered, as the case may
7 be, by mailing a copy of the notice by certified mail to the
8 address as given upon the records of the Secretary of State,
9 the Department of Aeronautics, Department of Public Works and
10 Buildings or any other Department of this State or the United
11 States if such vessel, vehicle or aircraft is required to be
12 so registered. Within that 15 day period the sheriff shall
13 also notify the State's Attorney of the county of seizure
14 about the seizure.
15 In addition, any mobile or portable equipment used in the
16 commission of an act which is in violation of Section 7g of
17 the Metropolitan Water Reclamation District Act shall be
18 subject to seizure and forfeiture under the same procedures
19 provided in this Article for the seizure and forfeiture of
20 vessels, vehicles and aircraft, and any such equipment shall
21 be deemed a vessel, vehicle or aircraft for purposes of this
22 Article.
23 When a person discharges a firearm at another individual
24 from a vehicle with the knowledge and consent of the owner of
25 the vehicle and with the intent to cause death or great
26 bodily harm to that individual and as a result causes death
27 or great bodily harm to that individual, the vehicle shall be
28 subject to seizure and forfeiture under the same procedures
29 provided in this Article for the seizure and forfeiture of
30 vehicles used in violations of clauses (a), (b), (c), or (d)
31 of this Section.
32 If the spouse of the owner of a vehicle seized for an
33 offense described in subsection (g) of Section 6-303 of the
34 Illinois Vehicle Code, a violation of subdivision (c-1)(1),
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1 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
2 of the Illinois Vehicle Code, or Section 9-3 of this Code
3 makes a showing that the seized vehicle is the only source of
4 transportation and it is determined that the financial
5 hardship to the family as a result of the seizure outweighs
6 the benefit to the State from the seizure, the vehicle may be
7 forfeited to the spouse or family member and the title to the
8 vehicle shall be transferred to the spouse or family member
9 who is properly licensed and who requires the use of the
10 vehicle for employment or family transportation purposes. A
11 written declaration of forfeiture of a vehicle under this
12 Section shall be sufficient cause for the title to be
13 transferred to the spouse or family member. The provisions
14 of this paragraph shall apply only to one forfeiture per
15 vehicle. If the vehicle is the subject of a subsequent
16 forfeiture proceeding by virtue of a subsequent conviction of
17 either spouse or the family member, the spouse or family
18 member to whom the vehicle was forfeited under the first
19 forfeiture proceeding may not utilize the provisions of this
20 paragraph in another forfeiture proceeding. If the owner of
21 the vehicle seized owns more than one vehicle, the procedure
22 set out in this paragraph may be used for only one vehicle.
23 Property declared contraband under Section 40 of the
24 Illinois Streetgang Terrorism Omnibus Prevention Act may be
25 seized and forfeited under this Article.
26 (Source: P.A. 91-876, eff. 1-1-01; 92-57, eff. 1-1-02;
27 92-688, eff. 7-16-02.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.