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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2618
Introduced 1/20/2006, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
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625 ILCS 5/3-707 |
from Ch. 95 1/2, par. 3-707 |
720 ILCS 5/36-1 |
from Ch. 38, par. 36-1 |
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Amends the Illinois Vehicle Code and the Criminal Code of 1961. Provides that the vehicle of a person who is involved in an accident while driving without liability insurance coverage is subject to seizure and forfeiture, regardless of whether or not the person was at fault. Provides that the vehicle may be forfeited to the spouse of the owner, or to a properly licensed family member, if the spouse can show that the seized vehicle is the only source of transportation for the family and its forfeiture would cause undue hardship. Effective immediately.
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A BILL FOR
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SB2618 |
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LRB094 16078 DRH 54237 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Section 3-707 as follows:
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| (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
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| Sec. 3-707. Operation of uninsured motor vehicle - penalty.
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| (a) No person
shall operate a motor vehicle unless the |
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| motor vehicle is covered by a
liability insurance policy in |
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| accordance with Section 7-601 of this Code.
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| (b) Any person who fails to comply with a request by a law |
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| enforcement
officer for display of evidence of insurance, as |
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| required under Section
7-602 of this Code, shall be deemed to |
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| be operating an uninsured motor vehicle.
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| (c) Any operator of a motor vehicle subject to registration |
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| under this
Code
who is convicted of violating this Section is |
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| guilty of a business
offense and shall be required to pay a |
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| fine in excess of $500, but
not more than $1,000. However, no |
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| person charged with violating this
Section shall be convicted |
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| if such person produces in court satisfactory
evidence that at |
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| the time of the arrest the motor vehicle was covered by a
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| liability insurance policy in accordance with Section 7-601 of |
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| this Code.
The chief judge of each circuit may designate an |
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| officer of the court to
review the documentation demonstrating |
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| that at the time of arrest the motor
vehicle was covered by a |
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| liability insurance policy in accordance with Section
7-601 of |
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| this Code.
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| (d) A person convicted a third or subsequent time of |
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| violating this
Section or a similar provision of a local |
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| ordinance must give proof to the
Secretary of State of the |
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| person's financial responsibility as defined in
Section 7-315. |
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| The person must maintain the proof in a manner satisfactory to
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SB2618 |
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LRB094 16078 DRH 54237 b |
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| the Secretary for a minimum period of one year after the date |
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| the proof is
first filed. The Secretary must suspend the |
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| driver's license of any person
determined by the Secretary not |
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| to have provided adequate proof of financial
responsibility as |
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| required by this subsection. |
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| (e) In addition to any other penalty that may be imposed, |
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| the vehicle of a person who is involved in an accident while |
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| violating this Section is subject to forfeiture under Sections |
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| 36-1 and 36-2 of the Criminal Code of 1961, regardless of |
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| whether or not the person was at fault.
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| (Source: P.A. 92-775, eff. 7-1-03.)
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| Section 10. The Criminal Code of 1961 is amended by |
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| changing Section 36-1 as follows:
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| (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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| Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used |
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| with the knowledge
and consent of the owner in the commission |
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| of, or in the attempt to commit as
defined in Section 8-4 of |
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| this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, |
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| 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, |
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| 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, |
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| 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, |
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| or 28-1 of this Code,
paragraph (a) of Section 12-4 of this |
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| Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or |
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| (d) of Section
12-16 of this Code, or paragraph (a)(6) or |
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| (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 |
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| or 26 of the Cigarette Tax
Act if the vessel, vehicle or |
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| aircraft contains more than 10 cartons of
such cigarettes; (c) |
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| Section 28, 29 or 30 of the Cigarette Use Tax Act if
the |
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| vessel, vehicle or aircraft contains more than 10 cartons of |
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| such
cigarettes; (d) Section 44 of the Environmental Protection |
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| Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the |
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| offenses described in the
following provisions of the Illinois |
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| Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), |
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| (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) |
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LRB094 16078 DRH 54237 b |
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| an offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code; or (h) an offense described in |
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| subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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| or (i) an offense described in subsection (e) of Section 3-707 |
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| of the Illinois Vehicle Code; may be
seized and delivered |
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| forthwith to the sheriff of the county of seizure.
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| Within 15 days after such delivery the sheriff shall give |
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| notice of seizure
to each person according to the following |
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| method: Upon each such person
whose right, title or interest is |
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| of record in the office of the Secretary
of State, the |
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| Secretary of Transportation, the Administrator of the Federal
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| Aviation Agency, or any other Department of this State, or any |
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| other state
of the United States if such vessel, vehicle or |
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| aircraft is required to be
so registered, as the case may be, |
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| by mailing a copy of the notice by
certified mail to the |
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| address as given upon the records of the Secretary of
State, |
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| the Department of Aeronautics, Department of Public Works and
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| Buildings or any other Department of this State or the United |
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| States if
such vessel, vehicle or aircraft is required to be so |
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| registered. Within
that 15 day period the sheriff shall also |
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| notify the State's Attorney of
the county of seizure about the |
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| seizure.
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| In addition, any mobile or portable equipment used in the |
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| commission of an
act which is in violation of Section 7g of the |
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| Metropolitan Water Reclamation
District Act shall be subject to |
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| seizure and forfeiture under the same
procedures provided in |
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| this Article for the seizure and forfeiture of vessels,
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| vehicles and aircraft, and any such equipment shall be deemed a |
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| vessel, vehicle
or aircraft for purposes of this Article.
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| When a person discharges a firearm at another individual |
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| from a vehicle with
the knowledge and consent of the owner of |
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| the vehicle and with the intent to
cause death or great bodily |
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| harm to that individual and as a result causes
death or great |
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| bodily harm to that individual, the vehicle shall be subject to
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| seizure and forfeiture under the same procedures provided in |
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| this Article for
the seizure and forfeiture of vehicles used in |
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LRB094 16078 DRH 54237 b |
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| violations of clauses (a), (b),
(c), or (d) of this Section.
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| If the spouse of the owner of a vehicle seized for
an |
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| offense described in subsection (g) of Section 6-303 of the
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| Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), |
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| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 |
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| of the Illinois Vehicle
Code, Section 3-707 of the Illinois |
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| Vehicle Code, or Section 9-3 of this
Code makes a showing
that |
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| the seized vehicle is the only source of transportation and it |
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| is
determined that the financial hardship to the family as a |
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| result of the seizure
outweighs the benefit to the State from |
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| the seizure, the vehicle may be
forfeited to the spouse or |
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| family member and the title to the vehicle shall be
transferred |
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| to the spouse or family member who is properly licensed and who
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| requires the use of the vehicle for employment or family |
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| transportation
purposes. A written declaration of forfeiture |
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| of a vehicle under this
Section shall be sufficient cause for |
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| the title to be transferred to the spouse
or family member. The |
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| provisions of this paragraph shall apply only to one
forfeiture |
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| per vehicle. If the vehicle is the subject of a subsequent
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| forfeiture proceeding by virtue of a subsequent conviction of |
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| either spouse or
the family member, the spouse or family member |
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| to whom the vehicle was
forfeited under the first forfeiture |
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| proceeding may not utilize the
provisions of this paragraph in |
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| another forfeiture proceeding. If the owner of
the vehicle |
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| seized owns more than one vehicle,
the procedure set out in |
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| this paragraph may be used for only one vehicle.
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| Property declared contraband under Section 40 of the |
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| Illinois Streetgang
Terrorism Omnibus Prevention Act may be |
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| seized and forfeited under this
Article.
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| (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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