Rep. Jim Sacia
Filed: 3/19/2007
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1 | AMENDMENT TO HOUSE BILL 3135
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2 | AMENDMENT NO. ______. Amend House Bill 3135 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 12-612 as follows:
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6 | (625 ILCS 5/12-612)
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7 | Sec. 12-612. False or secret compartment in a motor
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8 | vehicle.
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9 | (a) Offenses. It is unlawful for any person to own or | ||||||
10 | operate any motor
vehicle he or
she knows to contain a false or | ||||||
11 | secret compartment.
It is unlawful for any person
to knowingly | ||||||
12 | install, create, build, or fabricate in any motor vehicle a | ||||||
13 | false
or secret compartment.
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14 | (b) Definitions. For purposes of this Section, a "false or | ||||||
15 | secret
compartment" means any
enclosure that is intended and | ||||||
16 | designed to be used
to conceal, hide, and prevent discovery by |
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1 | law enforcement
officers of the false or secret compartment, or | ||||||
2 | its contents, and which is
integrated into a vehicle.
For | ||||||
3 | purpose of this Section,
a
person's intention to use a false or | ||||||
4 | secret compartment to conceal the
contents of the compartment | ||||||
5 | from a law enforcement officer may be inferred from
factors | ||||||
6 | including, but not limited to, the discovery of a person, | ||||||
7 | firearm,
controlled substance, or other contraband within the | ||||||
8 | false or secret
compartment, or from the discovery of evidence | ||||||
9 | of the previous placement of a
person, firearm, controlled | ||||||
10 | substance, or other contraband within the false or
secret | ||||||
11 | compartment.
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12 | (c) Forfeiture. Any motor vehicle containing a false or | ||||||
13 | secret compartment,
as well as any items within that | ||||||
14 | compartment, shall be subject to seizure by
the Department of | ||||||
15 | State Police or by any municipal or other local law
enforcement | ||||||
16 | agency within whose jurisdiction that property is found as | ||||||
17 | provided
in Sections 36-1 and 36-2 of the Criminal Code of 1961 | ||||||
18 | (720 ILCS 5/36-1 and
5/36-2). The removal of the false or | ||||||
19 | secret compartment from the motor
vehicle, or the promise to do | ||||||
20 | so, shall not be the basis for a defense to
forfeiture of the | ||||||
21 | motor vehicle under Section 36-2 of the Criminal Code of 1961
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22 | and shall not be the basis for the court to release the vehicle | ||||||
23 | to the owner.
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24 | (d) Sentence. A violation of this Section is a Class 4 | ||||||
25 | felony.
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26 | (Source: P.A. 93-276, eff. 1-1-04.)
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1 | Section 10. The Criminal Code of 1961 is amended by | ||||||
2 | changing Section 36-1 as follows:
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3 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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4 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
5 | with the knowledge
and consent of the owner in the commission | ||||||
6 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
7 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
8 | 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | ||||||
9 | 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | ||||||
10 | 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | ||||||
11 | or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | ||||||
12 | Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | ||||||
13 | (d) of Section
12-16 of this Code, or paragraph (a)(6) or | ||||||
14 | (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | ||||||
15 | or 26 of the Cigarette Tax
Act if the vessel, vehicle or | ||||||
16 | aircraft contains more than 10 cartons of
such cigarettes; (c) | ||||||
17 | Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | ||||||
18 | vessel, vehicle or aircraft contains more than 10 cartons of | ||||||
19 | such
cigarettes; (d) Section 44 of the Environmental Protection | ||||||
20 | Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | ||||||
21 | offenses described in the
following provisions of the Illinois | ||||||
22 | Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | ||||||
23 | (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) | ||||||
24 | an offense described in subsection (g) of Section 6-303 of the
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1 | Illinois Vehicle Code; or (h) an offense described in | ||||||
2 | subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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3 | or (i) an offense described in Section 12-612 of the Illinois | ||||||
4 | Vehicle Code may be
seized and delivered forthwith to the | ||||||
5 | sheriff of the county of seizure.
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6 | Within 15 days after such delivery the sheriff shall give | ||||||
7 | notice of seizure
to each person according to the following | ||||||
8 | method: Upon each such person
whose right, title or interest is | ||||||
9 | of record in the office of the Secretary
of State, the | ||||||
10 | Secretary of Transportation, the Administrator of the Federal
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11 | Aviation Agency, or any other Department of this State, or any | ||||||
12 | other state
of the United States if such vessel, vehicle or | ||||||
13 | aircraft is required to be
so registered, as the case may be, | ||||||
14 | by mailing a copy of the notice by
certified mail to the | ||||||
15 | address as given upon the records of the Secretary of
State, | ||||||
16 | the Department of Aeronautics, Department of Public Works and
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17 | Buildings or any other Department of this State or the United | ||||||
18 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
19 | registered. Within
that 15 day period the sheriff shall also | ||||||
20 | notify the State's Attorney of
the county of seizure about the | ||||||
21 | seizure.
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22 | In addition, any mobile or portable equipment used in the | ||||||
23 | commission of an
act which is in violation of Section 7g of the | ||||||
24 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
25 | seizure and forfeiture under the same
procedures provided in | ||||||
26 | this Article for the seizure and forfeiture of vessels,
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1 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
2 | vessel, vehicle
or aircraft for purposes of this Article.
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3 | When a person discharges a firearm at another individual | ||||||
4 | from a vehicle with
the knowledge and consent of the owner of | ||||||
5 | the vehicle and with the intent to
cause death or great bodily | ||||||
6 | harm to that individual and as a result causes
death or great | ||||||
7 | bodily harm to that individual, the vehicle shall be subject to
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8 | seizure and forfeiture under the same procedures provided in | ||||||
9 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
10 | violations of clauses (a), (b),
(c), or (d) of this Section.
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11 | If the spouse of the owner of a vehicle seized for
an | ||||||
12 | offense described in subsection (g) of Section 6-303 of the
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13 | Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | ||||||
14 | (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | ||||||
15 | of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | ||||||
16 | a showing
that the seized vehicle is the only source of | ||||||
17 | transportation and it is
determined that the financial hardship | ||||||
18 | to the family as a result of the seizure
outweighs the benefit | ||||||
19 | to the State from the seizure, the vehicle may be
forfeited to | ||||||
20 | the spouse or family member and the title to the vehicle shall | ||||||
21 | be
transferred to the spouse or family member who is properly | ||||||
22 | licensed and who
requires the use of the vehicle for employment | ||||||
23 | or family transportation
purposes. A written declaration of | ||||||
24 | forfeiture of a vehicle under this
Section shall be sufficient | ||||||
25 | cause for the title to be transferred to the spouse
or family | ||||||
26 | member. The provisions of this paragraph shall apply only to |
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1 | one
forfeiture per vehicle. If the vehicle is the subject of a | ||||||
2 | subsequent
forfeiture proceeding by virtue of a subsequent | ||||||
3 | conviction of either spouse or
the family member, the spouse or | ||||||
4 | family member to whom the vehicle was
forfeited under the first | ||||||
5 | forfeiture proceeding may not utilize the
provisions of this | ||||||
6 | paragraph in another forfeiture proceeding. If the owner of
the | ||||||
7 | vehicle seized owns more than one vehicle,
the procedure set | ||||||
8 | out in this paragraph may be used for only one vehicle.
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9 | Property declared contraband under Section 40 of the | ||||||
10 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
11 | seized and forfeited under this
Article.
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12 | (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06; | ||||||
13 | 94-1017, eff. 7-7-06.)".
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