94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1471


 
Introduced 2/10/2005, by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		















625 ILCS 5/11-501
  from Ch. 95 1/2, par. 11-501



720 ILCS 5/36-1
  from Ch. 38, par. 36-1







    Amends the Illinois Vehicle Code and the Criminal Code of 1961. Provides that a person who drives while under the influence of alcohol, drugs, or intoxicating compounds is guilty of aggravated dui if he or she had no valid driver's license or was not covered by liability insurance. Provides that the person's vehicle is subject to seizure and forfeiture.
















LRB094 08861 DRH 39080 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1471

LRB094 08861 DRH 39080 b






1
    AN ACT concerning driving 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 changing 
5
Section 11-501 as follows:
 
6
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)

7
    Sec. 11-501. Driving while under the influence of alcohol, 
8
other drug or
drugs, intoxicating compound or compounds or any 
9
combination thereof.


10
    (a) A person shall not drive or be in actual
physical 
11
control of any vehicle within this State while:


12
        (1) the alcohol concentration in the person's blood or 
13
    breath is 0.08
or more based on the definition of blood and 
14
    breath units in Section 11-501.2;


15
        (2) under the influence of alcohol;


16
        (3) under the influence of any intoxicating compound or 
17
    combination of
intoxicating compounds to a degree that 
18
    renders the person incapable of
driving safely;


19
        (4) under the influence of any other drug or 
20
    combination of drugs to a
degree that renders the person 
21
    incapable of safely driving;


22
        (5) under the combined influence of alcohol, other drug 
23
    or drugs, or
intoxicating compound or compounds to a degree 
24
    that renders the person
incapable of safely driving; or


25
        (6) there is any amount of a drug, substance, or 
26
    compound in the
person's breath, blood, or urine resulting 
27
    from the unlawful use or consumption
of cannabis listed in 
28
    the Cannabis Control Act, a controlled substance listed
in 
29
    the Illinois Controlled Substances Act, or an intoxicating 
30
    compound listed
in the Use of Intoxicating Compounds Act.


31
    (b) The fact that any person charged with violating this 
32
Section is or
has been legally entitled to use alcohol, other 
 


 






HB1471
- 2 -
LRB094 08861 DRH 39080 b




1
drug or drugs, or
intoxicating compound or compounds, or any

2
combination thereof,  shall not constitute a defense against any 
3
charge of
violating this Section.


4
    (b-1) With regard to penalties imposed under this Section:

5
        (1) Any reference to a prior violation of subsection 
6
    (a) or a similar
provision includes any violation of a 
7
    provision of a local ordinance or a
provision of a law of 
8
    another state that is similar to a violation of
subsection 
9
    (a) of this Section.

10
        (2) Any penalty imposed for driving with a license that 
11
    has been revoked
for a previous violation of subsection (a) 
12
    of this Section shall be in
addition to the penalty imposed 
13
    for any subsequent violation of subsection (a).

14
    (b-2) Except as otherwise provided in this Section, any 
15
person convicted of
violating subsection (a) of this Section is 
16
guilty of a Class A misdemeanor.

17
    (b-3) In addition to any other criminal or administrative 
18
sanction for any
second conviction of violating subsection (a) 
19
or a similar provision committed
within 5 years of a previous 
20
violation of subsection (a) or a similar
provision, the 
21
defendant shall be sentenced to a mandatory minimum of 5 days 
22
of
imprisonment or assigned a mandatory minimum of 240 hours of 
23
community service
as may be determined by the court.

24
    (b-4) In the case of a third or subsequent violation 
25
committed within 5
years of a previous violation of subsection 
26
(a) or a similar provision, in
addition to any other criminal 
27
or administrative sanction, a mandatory minimum
term of either 
28
10 days of imprisonment or 480 hours of community service shall

29
be imposed.

30
    (b-5) The imprisonment or assignment of community service 
31
under subsections
(b-3) and (b-4) shall not be subject to 
32
suspension, nor shall the person be
eligible for a reduced 
33
sentence.


34
    (c) (Blank).



35
    (c-1) (1) A person who violates subsection (a)

during
a 
36
    period in which his
or her driving privileges are revoked 
 


 






HB1471
- 3 -
LRB094 08861 DRH 39080 b




1
    or suspended, where the revocation or
suspension was for a 
2
    violation of subsection (a), Section
11-501.1, paragraph 
3
    (b)
of Section 11-401, or for reckless homicide as defined 
4
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
5
    aggravated driving under the influence of alcohol, other 
6
    drug or drugs, intoxicating compound or compounds, or any 
7
    combination thereof and is guilty of a
Class 4 felony.


8
        (2) A person who violates subsection (a) a third
time, 
9
    if the third violation occurs during a period in
which his 
10
    or her driving privileges are revoked or suspended where 
11
    the
revocation
or suspension was for a violation of 
12
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
13
    11-401, or for reckless homicide as defined in Section 9-3

14
    of the Criminal Code of 1961, is guilty of aggravated 
15
    driving under the influence of alcohol, other drug or 
16
    drugs, intoxicating compound or compounds, or any 
17
    combination thereof and is guilty of
a Class 3 felony.
18
        (2.1) A person who violates subsection (a) a third 
19
    time, if the third
violation occurs during a period in 
20
    which his or her driving privileges are
revoked or 
21
    suspended where the revocation or suspension was for a 
22
    violation of
subsection (a), Section 11-501.1, subsection 
23
    (b) of Section 11-401, or for
reckless homicide as defined 
24
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
25
    aggravated driving under the influence of alcohol, other 
26
    drug or drugs, intoxicating compound or compounds, or any 
27
    combination thereof and is guilty of a Class 3 felony; and 
28
    if the
person receives a term of
probation or conditional 
29
    discharge, he or she shall be required to serve a
mandatory

30
    minimum of 10 days of imprisonment or shall be assigned a 
31
    mandatory minimum of
480 hours of community service, as may 
32
    be determined by the court, as a
condition of the probation 
33
    or conditional discharge. This mandatory minimum
term of 
34
    imprisonment or assignment of community service shall not 
35
    be suspended
or reduced by the court.

36
        (2.2) A person who violates subsection (a), if the

 


 






HB1471
- 4 -
LRB094 08861 DRH 39080 b




1
    violation occurs during a period in which his or her 
2
    driving privileges are
revoked or suspended where the 
3
    revocation or suspension was for a violation of
subsection 
4
    (a) or Section 11-501.1, is guilty of aggravated driving 
5
    under the influence of alcohol, other drug or drugs, 
6
    intoxicating compound or compounds, or any combination 
7
    thereof and shall also be sentenced to an additional

8
    mandatory minimum term of 30 consecutive days of 
9
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
10
    720 hours of community service, as may be
determined by the 
11
    court.  This mandatory term of imprisonment or assignment of

12
    community service shall  not be suspended or reduced by the 
13
    court.


14
        (3) A person who violates subsection (a) a fourth or

15
    subsequent time, if the fourth or subsequent violation 
16
    occurs
during a period in which his
or her driving 
17
    privileges are revoked or suspended where the revocation
or 
18
    suspension was for a violation of subsection (a),
Section 
19
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
20
    homicide as defined in
Section 9-3
of
the Criminal Code of 
21
    1961, is guilty of aggravated driving under the influence 
22
    of alcohol, other drug or drugs, intoxicating compound or 
23
    compounds, or any combination thereof and is guilty of
a 
24
    Class 2 felony, and is not eligible for a sentence of 
25
    probation or
conditional discharge.


26
    (c-2) (Blank).


27
    (c-3) (Blank).



28
    (c-4) (Blank).

29
    (c-5) A person who violates subsection (a), if the person 
30
was transporting
a person under the age of 16 at the time of 
31
the violation, is subject to an
additional mandatory minimum 
32
fine of $1,000, an additional mandatory minimum
140 hours of 
33
community service, which shall include 40 hours of community

34
service in a program benefiting children, and an additional 2 
35
days of
imprisonment. The imprisonment or assignment of 
36
community service under this
subsection (c-5) is not subject to 
 


 






HB1471
- 5 -
LRB094 08861 DRH 39080 b




1
suspension, nor is the person eligible for
a reduced sentence.

2
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
3
person who
violates
subsection (a) a second time, if at the 
4
time of
the second violation the person was transporting a 
5
person under the age of 16,
is subject to an additional 10 days 
6
of imprisonment, an additional mandatory
minimum fine of 
7
$1,000, and an additional mandatory minimum 140 hours of

8
community service, which shall include 40 hours of community 
9
service in a
program benefiting children.
The imprisonment or 
10
assignment of community service under this subsection (c-6)
is 
11
not subject to suspension, nor is the person eligible for a 
12
reduced
sentence.

13
    (c-7) Except as provided in subsection (c-8), any person 
14
convicted of
violating subsection (c-6) or a similar
provision 
15
within 10 years of a previous violation of subsection (a) or a

16
similar provision shall receive, in addition to any other 
17
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
18
additional 40 hours of mandatory
community service in a program 
19
benefiting children, and a mandatory minimum
fine of $1,750. 
20
The imprisonment or assignment of community service under this

21
subsection (c-7) is not subject to suspension, nor is the 
22
person
eligible for a reduced sentence.

23
    (c-8) Any person convicted of violating subsection (c-6) or 
24
a similar
provision within 5 years of a previous violation of 
25
subsection (a) or a similar
provision shall receive, in 
26
addition to any other penalty imposed, an
additional 80 hours 
27
of mandatory community service in a program benefiting

28
children, an additional mandatory minimum 12 days of 
29
imprisonment, and a
mandatory minimum fine of $1,750. The 
30
imprisonment or assignment of community
service under this 
31
subsection (c-8) is not subject to suspension, nor
is the

32
person eligible for a reduced sentence.

33
    (c-9) Any person convicted a third time for violating 
34
subsection (a) or a
similar provision, if at the time of the 
35
third violation the person was
transporting a person under the 
36
age of 16, is guilty of a Class 4 felony and shall
receive, in 
 


 






HB1471
- 6 -
LRB094 08861 DRH 39080 b




1
addition to any other
penalty imposed, an additional mandatory 
2
fine of $1,000, an additional
mandatory 140 hours of community 
3
service, which shall include 40 hours in a
program benefiting 
4
children, and a mandatory minimum 30 days of imprisonment.
The 
5
imprisonment or assignment of community service under this 
6
subsection (c-9)
is not subject to suspension, nor is the 
7
person eligible for a reduced
sentence.

8
    (c-10) Any person convicted of violating subsection (c-9) 
9
or a similar
provision a third time within 20 years of a 
10
previous violation of subsection
(a) or a
similar provision is 
11
guilty of a Class 4 felony and shall receive, in addition
to 
12
any other penalty imposed, an additional mandatory 40 hours of 
13
community
service in a program benefiting children, an 
14
additional mandatory fine of

$3,000
$3000, and a mandatory 
15
minimum 120 days of imprisonment. The imprisonment or

16
assignment of community service under this subsection (c-10) is 
17
not subject to
suspension, nor is the person eligible for a 
18
reduced sentence.

19
    (c-11) Any person convicted a fourth or subsequent time for 
20
violating
subsection (a) or a similar provision, if at the time 
21
of the fourth or
subsequent violation the person was 
22
transporting a person under the age of 16,
and if the person's 
23
3 prior violations of subsection (a) or a similar provision

24
occurred while transporting a person under the age of 16 or 
25
while the alcohol
concentration in his or her blood, breath, or 
26
urine was 0.16 or more based
on the definition of blood, 
27
breath, or urine units in Section 11-501.2, is
guilty of a 
28
Class 2 felony, is not eligible for probation or conditional

29
discharge, and is subject to a minimum fine of $3,000.

30
    (c-12) Any person convicted of a first violation of 
31
subsection (a) or a
similar provision, if the alcohol 
32
concentration in his or her blood, breath, or
urine was 0.16 or 
33
more based on the definition of blood, breath, or urine
units 
34
in Section 11-501.2, shall be subject, in addition to any other 
35
penalty
that may be imposed, to a mandatory minimum of 100 
36
hours of community service
and a mandatory minimum fine of 
 


 






HB1471
- 7 -
LRB094 08861 DRH 39080 b




1
$500.

2
    (c-13) Any person convicted of a second violation of 
3
subsection (a) or a similar provision committed within 10 years 
4
of a previous violation of subsection (a) or a similar 
5
provision committed within 10 years of a previous violation of 
6
subsection (a) or a similar provision, if at the time of the 
7
second violation of subsection (a) the
alcohol concentration in 
8
his or her blood, breath, or urine was 0.16 or more
based on 
9
the definition of blood, breath, or urine units in Section 
10
11-501.2,
shall be
subject, in addition to any other penalty 
11
that may be imposed, to a mandatory
minimum of 2 days of 
12
imprisonment and a mandatory minimum fine of $1,250.

13
    (c-14) Any person convicted of a third violation of 
14
subsection (a) or a
similar provision within 20 years of a 
15
previous violation of subsection (a) or
a
similar provision, if 
16
at the time of the third violation of subsection (a) or a

17
similar provision the alcohol concentration in his or her 
18
blood, breath, or
urine was 0.16 or more based on the 
19
definition of blood, breath, or urine units
in Section 
20
11-501.2, is guilty of a Class 4 felony and shall be subject, 
21
in
addition to any other penalty that may be imposed, to a 
22
mandatory minimum of
90 days of imprisonment and a mandatory 
23
minimum fine of $2,500.

24
    (c-15) Any person convicted of a fourth or subsequent 
25
violation of
subsection
(a) or a similar provision, if at the 
26
time of the fourth or subsequent
violation the alcohol 
27
concentration in his or her blood, breath, or urine was
0.16 or 
28
more based on the definition of blood, breath, or urine units 
29
in
Section 11-501.2, and if the person's 3 prior violations of 
30
subsection (a) or a
similar provision occurred while 
31
transporting a person under the age of 16 or
while the alcohol 
32
concentration in his or her blood, breath, or urine was 0.16
or 
33
more based on the definition of blood, breath, or urine units 
34
in Section
11-501.2, is guilty of a Class 2 felony and is not 
35
eligible for a sentence of
probation or conditional discharge 
36
and is subject to a minimum fine of
$2,500.


 


 






HB1471
- 8 -
LRB094 08861 DRH 39080 b




1
    (d) (1) Every person convicted of committing a violation of 
2
    this Section
shall be guilty of aggravated driving under 
3
    the influence of alcohol,
other drug or drugs, or 
4
    intoxicating compound or compounds, or any combination

5
    thereof if:


6
            (A) the person committed a violation of subsection 
7
        (a) or a similar
provision for the
third or subsequent 
8
        time;


9
            (B) the person committed a violation of subsection 
10
        (a)
while
driving a school bus with persons 18 years of 
11
        age or younger

on board;


12
            (C) the person in committing a violation of 
13
        subsection
(a) was
involved in a motor vehicle accident 
14
        that resulted in great bodily harm or
permanent 
15
        disability or disfigurement to another, when the 
16
        violation was
a proximate cause of the injuries;


17
            (D) the person committed a violation of subsection 
18
        (a)
for a
second time and has been previously convicted 
19
        of violating Section 9-3 of the
Criminal Code of 1961 
20
        or a similar provision of a law of another state 
21
        relating to reckless homicide in which the person was

22
        determined to have been under the influence of alcohol, 
23
        other drug or
drugs, or intoxicating compound or 
24
        compounds as an element of the offense or
the person 
25
        has previously been convicted
under subparagraph (C) 
26
        or subparagraph (F) of this paragraph (1);


27
            (E) the person, in committing a violation of 
28
        subsection (a) while
driving at any speed in a school 
29
        speed zone at a time when a speed limit of
20 miles per 
30
        hour was in effect under subsection (a) of Section 
31
        11-605 of
this Code, was involved in a motor vehicle 
32
        accident that resulted in bodily
harm, other than great 
33
        bodily harm or permanent disability or disfigurement,

34
        to another person, when the violation of subsection (a) 
35
        was a
proximate cause
of the bodily harm; or


36
            (F) the person, in committing a violation of 
 


 






HB1471
- 9 -
LRB094 08861 DRH 39080 b




1
        subsection (a), was
involved in a motor vehicle, 
2
        snowmobile, all-terrain vehicle, or watercraft

3
        accident that resulted in
the death of another person, 
4
        when the violation of subsection
(a) was
a proximate 
5
        cause of the death; .


6
            (G) the person committed the violation while he or 
7
        she did not possess a driver's license or permit or a 
8
        restricted driving permit or a judicial driving 
9
        permit; or

10
            (H) the person committed the violation while he or 
11
        she knew or should have known that the vehicle he or 
12
        she was driving was not covered by a liability 
13
        insurance policy.

14
        (2) Except as provided in this paragraph (2) and in 
15
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
16
    person convicted of
aggravated driving under
the
influence 
17
    of alcohol, other drug or
drugs,
or intoxicating compound 
18
    or compounds, or any
combination thereof is guilty of a 
19
    Class 4 felony.  For a violation of
subparagraph (C)
of

20
    paragraph (1) of this subsection (d), the defendant, if 
21
    sentenced to a term
of imprisonment, shall be sentenced
to 
22
    not less than
one year nor more than 12 years.
Aggravated 
23
    driving under the influence of alcohol, other drug or 
24
    drugs,
or intoxicating compound or compounds, or any 
25
    combination thereof as
defined in subparagraph (F) of 
26
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
27
    for which the defendant, if sentenced to a term of

28
    imprisonment, shall be sentenced to: (A) a
term of 
29
    imprisonment of not less than 3 years and not more
than 14 
30
    years if the violation resulted in the death of one person; 
31
    or
(B) a term of imprisonment of not less than 6 years and 
32
    not
more than 28 years if the violation resulted in the 
33
    deaths of 2 or more
persons.
For any prosecution under this 
34
    subsection
(d), a certified copy of the
driving abstract of 
35
    the defendant shall be admitted as proof of any prior

36
    conviction.
Any person sentenced under this subsection (d) 
 


 






HB1471
- 10 -
LRB094 08861 DRH 39080 b




1
    who receives a term of
probation
or conditional discharge 
2
    must serve a minimum term of either 480 hours of
community 
3
    service or 10 days of imprisonment as a condition of the 
4
    probation or
conditional discharge. This mandatory minimum 
5
    term of imprisonment or
assignment of community service may 
6
    not be suspended or reduced by the court.


7
    (e) After a finding of guilt and prior to any final 
8
sentencing, or an
order for supervision, for an offense based 
9
upon an arrest for a
violation of this Section or a similar 
10
provision of a local ordinance,
individuals shall be required 
11
to undergo a professional evaluation to
determine if an 
12
alcohol, drug, or intoxicating compound abuse problem exists

13
and the
extent of the problem, and undergo the imposition of 
14
treatment as appropriate.
Programs conducting these 
15
evaluations shall be
licensed by the Department of Human 
16
Services.  The cost of any professional
evaluation shall be paid 
17
for by the
individual
required to undergo the professional 
18
evaluation.


19
    (e-1) Any person who is found guilty of or pleads guilty to 
20
violating this
Section, including any person receiving a 
21
disposition of court supervision for
violating this Section, 
22
may be required by the Court to attend a victim
impact panel 
23
offered by, or under contract with, a County State's Attorney's

24
office, a probation and court services department, Mothers 
25
Against Drunk
Driving,
or the Alliance Against Intoxicated 
26
Motorists.
All costs generated by
the victim impact panel shall 
27
be paid from fees collected from the
offender or as may be 
28
determined by the court.


29
    (f) Every person found guilty of violating this Section, 
30
whose
operation of a motor vehicle while in violation of this 
31
Section proximately
caused any incident resulting in an 
32
appropriate emergency response, shall
be liable for the expense 
33
of an emergency response as provided under
Section 5-5-3 of the 
34
Unified Code of Corrections.


35
    (g) The Secretary of State shall revoke the driving 
36
privileges of any
person convicted under this Section or a 
 


 






HB1471
- 11 -
LRB094 08861 DRH 39080 b




1
similar provision of a local
ordinance.


2
    (h) (Blank).



3
    (i) The Secretary of State shall require the use of 
4
ignition interlock
devices on all vehicles owned by an 
5
individual who has been convicted of a
second
or subsequent 
6
offense of this Section or a similar provision of a local

7
ordinance.  The Secretary shall establish by rule and regulation 
8
the procedures
for certification and use of the interlock 
9
system.


10
    (j) In addition to any other penalties and liabilities, a 
11
person who is
found guilty of or pleads guilty to violating 
12
subsection (a), including any
person placed on court 
13
supervision for violating subsection (a), shall be fined
$500, 
14
payable to the
circuit clerk, who shall distribute the money as 
15
follows: 20% to the law enforcement agency
that made the arrest 
16
and 80% shall be forwarded to the State Treasurer for deposit 
17
into the General Revenue Fund.  If the person has been 
18
previously convicted of violating
subsection (a) or a similar 
19
provision of a local
ordinance, the fine shall be
$1,000.  In 
20
the event that more than one agency is responsible
for the 
21
arrest, the amount payable to law enforcement agencies  shall be 
22
shared equally.  Any moneys received
by a law
enforcement agency 
23
under this subsection (j) shall be used to purchase law

24
enforcement equipment that will assist in the prevention of 
25
alcohol related
criminal violence throughout the State.  This 
26
shall include, but is not limited
to, in-car video cameras, 
27
radar and laser speed detection devices, and alcohol
breath 
28
testers.
Any moneys received by the Department of State Police 
29
under this subsection
(j) shall be deposited into the State 
30
Police DUI Fund and shall be used to
purchase law enforcement 
31
equipment that will assist in the prevention of
alcohol related 
32
criminal violence throughout the State.


33
    (k) The Secretary of State Police DUI Fund is created as a 
34
special
fund in the State treasury. All moneys received by the 
35
Secretary of State
Police under subsection (j) of this Section 
36
shall be deposited into the
Secretary of State Police DUI Fund 
 


 






HB1471
- 12 -
LRB094 08861 DRH 39080 b




1
and, subject to appropriation, shall be
used to purchase law 
2
enforcement equipment to assist in the prevention of
alcohol 
3
related criminal violence throughout the State.


4
    (l) Whenever an individual is sentenced for an offense 
5
based upon an
arrest for a violation of subsection (a) or a 
6
similar provision of a local
ordinance, and the professional 
7
evaluation recommends remedial or
rehabilitative treatment or 
8
education, neither the treatment nor the education
shall be the 
9
sole disposition and either or both may be imposed only in

10
conjunction with another disposition. The court shall monitor 
11
compliance with
any remedial education or treatment 
12
recommendations contained in the
professional evaluation. 
13
Programs conducting alcohol or other drug evaluation
or 
14
remedial education must be licensed by the Department of Human 
15
Services. If
the individual is not a resident of Illinois, 
16
however, the court may accept an
alcohol or other drug 
17
evaluation or remedial education program in the
individual's 
18
state of residence.  Programs providing treatment must be 
19
licensed
under existing applicable alcoholism and drug 
20
treatment licensure standards.

21
    (m) In addition to any other fine or penalty required by 
22
law, an individual
convicted of a violation of subsection (a), 
23
Section 5-7 of the Snowmobile
Registration and Safety Act, 
24
Section 5-16 of the Boat Registration and Safety
Act, or a 
25
similar provision, whose operation of a motor vehicle, 
26
snowmobile, or
watercraft while in
violation of subsection (a), 
27
Section 5-7 of the Snowmobile Registration and
Safety Act, 
28
Section 5-16 of the Boat Registration and Safety Act, or a 
29
similar
provision proximately caused an incident resulting in 
30
an appropriate emergency
response, shall be required to make 
31
restitution to a public agency for the
costs of that emergency 
32
response. The restitution may not exceed $1,000 per
public 
33
agency for each emergency response. As used in this subsection 
34
(m),
"emergency response" means any incident requiring a 
35
response by a police
officer, a firefighter carried on the 
36
rolls of a regularly constituted fire
department, or an 
 


 






HB1471
- 13 -
LRB094 08861 DRH 39080 b




1
ambulance.


2
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
3
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
4
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
5
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
6
eff. 1-1-05; 93-840, eff. 7-30-04; revised 1-13-05.)

 
7
    Section 10. The Criminal Code of 1961 is amended  by 
8
changing Section 36-1 as follows:
 



9
    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)



10
    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used 
11
with the knowledge
and consent of the owner in the commission 
12
of, or in the attempt to commit as
defined in Section 8-4 of 
13
this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, 
14
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, 
15
12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, 
16
19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, 
17
or 28-1 of this Code,
paragraph (a) of Section 12-4 of this 
18
Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or 
19
(d) of Section
12-16 of this Code, or paragraph (a)(6) or 
20
(a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 
21
or 26 of the Cigarette Tax
Act if the vessel, vehicle or 
22
aircraft contains more than 10 cartons of
such cigarettes; (c) 
23
Section 28, 29 or 30 of the Cigarette Use Tax Act if
the 
24
vessel, vehicle or aircraft contains more than 10 cartons of 
25
such
cigarettes; (d) Section 44 of the Environmental Protection 
26
Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the 
27
offenses described in the
following provisions of the Illinois 
28
Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), 
29
(c-1)(3),
(d)(1)(A), or (d)(1)(D), (d)(1)(G), or (d)(1)(H); 
30
(g) an offense described in subsection (g) of Section 6-303 of 
31
the
Illinois Vehicle Code; or (h) an offense described in 
32
subsection (e) of
Section 6-101 of the Illinois Vehicle Code;

33
may be
seized and delivered forthwith to the sheriff of the 
34
county of seizure.

 


 






HB1471
- 14 -
LRB094 08861 DRH 39080 b




1
    Within 15 days after such delivery the sheriff shall give 
2
notice of seizure
to each person according to the following 
3
method: Upon each such person
whose right, title or interest is 
4
of record in the office of the Secretary
of State, the 
5
Secretary of Transportation, the Administrator of the Federal

6
Aviation Agency, or any other Department of this State, or any 
7
other state
of the United States if such vessel, vehicle or 
8
aircraft is required to be
so registered, as the case may be, 
9
by mailing a copy of the notice by
certified mail to the 
10
address as given upon the records of the Secretary of
State, 
11
the Department of Aeronautics, Department of Public Works and

12
Buildings or any other Department of this State or the United 
13
States if
such vessel, vehicle or aircraft is required to be so 
14
registered. Within
that 15 day period the sheriff shall also 
15
notify the State's Attorney of
the county of seizure about the 
16
seizure.

17
    In addition, any mobile or portable equipment used in the 
18
commission of an
act which is in violation of Section 7g of the 
19
Metropolitan Water Reclamation
District Act shall be subject to 
20
seizure and forfeiture under the same
procedures provided in 
21
this Article for the seizure and forfeiture of vessels,

22
vehicles and aircraft, and any such equipment shall be deemed a 
23
vessel, vehicle
or aircraft for purposes of this Article.

24
    When a person discharges a firearm at another individual 
25
from a vehicle with
the knowledge and consent of the owner of 
26
the vehicle and with the intent to
cause death or great bodily 
27
harm to that individual and as a result causes
death or great 
28
bodily harm to that individual, the vehicle shall be subject to

29
seizure and forfeiture under the same procedures provided in 
30
this Article for
the seizure and forfeiture of vehicles used in 
31
violations of clauses (a), (b),
(c), or (d) 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), 
35
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 
36
of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes 
 


 






HB1471
- 15 -
LRB094 08861 DRH 39080 b




1
a showing
that the seized vehicle is the only source of 
2
transportation and it is
determined that the financial hardship 
3
to the family as a result of the seizure
outweighs the benefit 
4
to the State from the seizure, the vehicle may be
forfeited to 
5
the spouse or family member and the title to the vehicle shall 
6
be
transferred to the spouse or family member who is properly 
7
licensed and who
requires the use of the vehicle for employment 
8
or family transportation
purposes.  A written declaration of 
9
forfeiture of a vehicle under this
Section shall be sufficient 
10
cause for the title to be transferred to the spouse
or family 
11
member.  The provisions of this paragraph shall apply only to 
12
one
forfeiture per vehicle.  If the vehicle is the subject of a 
13
subsequent
forfeiture proceeding by virtue of a subsequent 
14
conviction of either spouse or
the family member, the spouse or 
15
family member to whom the vehicle was
forfeited under the first 
16
forfeiture proceeding may not utilize the
provisions of this 
17
paragraph in another forfeiture proceeding.  If the owner of
the 
18
vehicle seized owns more than one vehicle,
the procedure set 
19
out in this paragraph may be used for only one vehicle.

20
    Property declared contraband under Section 40 of the 
21
Illinois Streetgang
Terrorism Omnibus Prevention Act may be 
22
seized and forfeited under this
Article.

23
(Source: P.A. 92-57, eff. 1-1-02; 92-688, eff. 7-16-02; 93-187, 
24
eff.
7-11-03.)