093_SB1581enr SB1581 Enrolled LRB093 06314 DRH 06433 b 1 AN ACT in relation to vehicles. 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 Section 6-101 as follows: 6 (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101) 7 Sec. 6-101. Drivers must have licenses or Permits. 8 (a) No person, except those expressly exempted by 9 Section 6-102, shall drive any motor vehicle upon a highway 10 in this State unless such person has a valid license or 11 permit, or a restricted driving permit, issued under the 12 provisions of this Act. 13 (b) No person shall drive a motor vehicle unless he 14 holds a valid license or permit, or a restricted driving 15 permit issued under the provisions of Section 6-205, 6-206, 16 or 6-113 of this Act. Any person to whom a license is issued 17 under the provisions of this Act must surrender to the 18 Secretary of State all valid licenses or permits. No drivers 19 license shall be issued to any person who holds a valid 20 Foreign State license unless such person first surrenders to 21 the Secretary of State any such valid Foreign State license. 22 (c) Any person licensed as a driver hereunder shall not 23 be required by any city, village, incorporated town or other 24 municipal corporation to obtain any other license to exercise 25 the privilege thereby granted. 26 (d) In addition to other penalties imposed under this 27 Section, any person in violation of this Section who is also 28 in violation of Section 7-601 of this Code relating to 29 mandatory insurance requirements shall have his or her motor 30 vehicle immediately impounded by the arresting law 31 enforcement officer. The motor vehicle may be released to SB1581 Enrolled -2- LRB093 06314 DRH 06433 b 1 any licensed driver upon a showing of proof of insurance for 2 the motor vehicle that was impounded and the notarized 3 written consent for the release by the vehicle owner. 4 (e) In addition to other penalties imposed under this 5 Section, the vehicle of any person in violation of this 6 Section who is also in violation of Section 7-601 of this 7 Code relating to mandatory insurance requirements and who, in 8 violating this Section, has caused death or personal injury 9 to another person is subject to forfeiture under Sections 10 36-1 and 36-2 of the Criminal Code of 1961. For the purposes 11 of this Section, a personal injury shall include any type A 12 injury as indicated on the traffic accident report completed 13 by a law enforcement officer that requires immediate 14 professional attention in either a doctor's office or a 15 medical facility. A type A injury shall include severely 16 bleeding wounds, distorted extremities, and injuries that 17 require the injured party to be carried from the scene. 18 (Source: P.A. 90-559, eff. 6-1-98.) 19 Section 10. The Criminal Code of 1961 is amended by 20 changing Section 36-1 as follows: 21 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) 22 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft 23 used with the knowledge and consent of the owner in the 24 commission of, or in the attempt to commit as defined in 25 Section 8-4 of this Code, an offense prohibited by (a) 26 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 27 11-20.1, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 28 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2, 29 20.5-6, 24-1.2, 24-1.2-5, 24-1.5, or 28-1 of this Code, 30 paragraph (a) of Section 12-4 of this Code, paragraph (a) of 31 Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16 32 of this Code, or paragraph (a)(6) or (a)(7) of Section 24-1 SB1581 Enrolled -3- LRB093 06314 DRH 06433 b 1 of this Code; (b) Section 21, 22, 23, 24 or 26 of the 2 Cigarette Tax Act if the vessel, vehicle or aircraft contains 3 more than 10 cartons of such cigarettes; (c) Section 28, 29 4 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or 5 aircraft contains more than 10 cartons of such cigarettes; 6 (d) Section 44 of the Environmental Protection Act; (e) 7 11-204.1 of the Illinois Vehicle Code; (f) the offenses 8 described in the following provisions of the Illinois Vehicle 9 Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2), 10 (c-1)(3), (d)(1)(A), or (d)(1)(D);or(g) an offense 11 described in subsection (g) of Section 6-303 of the Illinois 12 Vehicle Code; or (h) an offense described in subsection (e) 13 of Section 6-101 of the Illinois Vehicle Code; may be seized 14 and delivered forthwith to the sheriff of the county of 15 seizure. 16 Within 15 days after such delivery the sheriff shall give 17 notice of seizure to each person according to the following 18 method: Upon each such person whose right, title or interest 19 is of record in the office of the Secretary of State, the 20 Secretary of Transportation, the Administrator of the Federal 21 Aviation Agency, or any other Department of this State, or 22 any other state of the United States if such vessel, vehicle 23 or aircraft is required to be so registered, as the case may 24 be, by mailing a copy of the notice by certified mail to the 25 address as given upon the records of the Secretary of State, 26 the Department of Aeronautics, Department of Public Works and 27 Buildings or any other Department of this State or the United 28 States if such vessel, vehicle or aircraft is required to be 29 so registered. Within that 15 day period the sheriff shall 30 also notify the State's Attorney of the county of seizure 31 about the seizure. 32 In addition, any mobile or portable equipment used in the 33 commission of an act which is in violation of Section 7g of 34 the Metropolitan Water Reclamation District Act shall be SB1581 Enrolled -4- LRB093 06314 DRH 06433 b 1 subject to seizure and forfeiture under the same procedures 2 provided in this Article for the seizure and forfeiture of 3 vessels, vehicles and aircraft, and any such equipment shall 4 be deemed a vessel, vehicle or aircraft for purposes of this 5 Article. 6 When a person discharges a firearm at another individual 7 from a vehicle with the knowledge and consent of the owner of 8 the vehicle and with the intent to cause death or great 9 bodily harm to that individual and as a result causes death 10 or great bodily harm to that individual, the vehicle shall be 11 subject to seizure and forfeiture under the same procedures 12 provided in this Article for the seizure and forfeiture of 13 vehicles used in violations of clauses (a), (b), (c), or (d) 14 of this Section. 15 If the spouse of the owner of a vehicle seized for an 16 offense described in subsection (g) of Section 6-303 of the 17 Illinois Vehicle Code, a violation of subdivision (c-1)(1), 18 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501 19 of the Illinois Vehicle Code, or Section 9-3 of this Code 20 makes a showing that the seized vehicle is the only source of 21 transportation and it is determined that the financial 22 hardship to the family as a result of the seizure outweighs 23 the benefit to the State from the seizure, the vehicle may be 24 forfeited to the spouse or family member and the title to the 25 vehicle shall be transferred to the spouse or family member 26 who is properly licensed and who requires the use of the 27 vehicle for employment or family transportation purposes. A 28 written declaration of forfeiture of a vehicle under this 29 Section shall be sufficient cause for the title to be 30 transferred to the spouse or family member. The provisions 31 of this paragraph shall apply only to one forfeiture per 32 vehicle. If the vehicle is the subject of a subsequent 33 forfeiture proceeding by virtue of a subsequent conviction of 34 either spouse or the family member, the spouse or family SB1581 Enrolled -5- LRB093 06314 DRH 06433 b 1 member to whom the vehicle was forfeited under the first 2 forfeiture proceeding may not utilize the provisions of this 3 paragraph in another forfeiture proceeding. If the owner of 4 the vehicle seized owns more than one vehicle, the procedure 5 set out in this paragraph may be used for only one vehicle. 6 Property declared contraband under Section 40 of the 7 Illinois Streetgang Terrorism Omnibus Prevention Act may be 8 seized and forfeited under this Article. 9 (Source: P.A. 91-876, eff. 1-1-01; 92-57, eff. 1-1-02; 10 92-688, eff. 7-16-02.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.