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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by adding | ||||||||||||||||||||||||||||||||||||||||||||||||
5 | Chapter 16A as follows:
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6 | (625 ILCS 5/Chapter 16A heading new)
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7 | CHAPTER 16A. TRAFFIC SAFETY FORFEITURES | ||||||||||||||||||||||||||||||||||||||||||||||||
8 | (625 ILCS 5/16A-1 new)
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9 | Sec. 16A-1. Short title. This Chapter may be cited as the | ||||||||||||||||||||||||||||||||||||||||||||||||
10 | Traffic Safety Forfeiture Law of 2008. | ||||||||||||||||||||||||||||||||||||||||||||||||
11 | (625 ILCS 5/16A-5 new)
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12 | Sec. 16A-5. Legislative declaration. The Illinois General | ||||||||||||||||||||||||||||||||||||||||||||||||
13 | Assembly finds that persons who drive without a valid driver's | ||||||||||||||||||||||||||||||||||||||||||||||||
14 | license or permit or with a suspended or revoked driver's | ||||||||||||||||||||||||||||||||||||||||||||||||
15 | license or permit pose a significant and dangerous threat to | ||||||||||||||||||||||||||||||||||||||||||||||||
16 | Illinois motorists. The civil forfeiture of motor vehicles used | ||||||||||||||||||||||||||||||||||||||||||||||||
17 | by persons who drive without a valid driver's license or permit | ||||||||||||||||||||||||||||||||||||||||||||||||
18 | or with a suspended or revoked driver's license or permit will | ||||||||||||||||||||||||||||||||||||||||||||||||
19 | have a significant beneficial effect in deterring this type of | ||||||||||||||||||||||||||||||||||||||||||||||||
20 | activity and will reduce the number of traffic fatalities and | ||||||||||||||||||||||||||||||||||||||||||||||||
21 | accidents caused by those persons. It is necessary and |
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1 | appropriate to take additional steps to prevent drivers who | ||||||
2 | drive without a valid driver's license or permit or with | ||||||
3 | suspended or revoked licenses or permits from driving, | ||||||
4 | including civil forfeiture of vehicles used by those persons. | ||||||
5 | The State has a critical interest in enforcing its traffic laws | ||||||
6 | and keeping drivers with suspended or revoked licenses or | ||||||
7 | permits from illegally driving. Seizing the vehicles used by | ||||||
8 | those persons serves an important governmental and public | ||||||
9 | interest, namely the protection of the health, safety, and | ||||||
10 | welfare of Illinois motorists from the harm associated with | ||||||
11 | driving without a valid driver's license or permit or with a | ||||||
12 | suspended or revoked license or permit. | ||||||
13 | (625 ILCS 5/16A-10 new)
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14 | Sec. 16A-10. Applicability. This Chapter applies to all | ||||||
15 | motor vehicles used by persons who drive without a valid | ||||||
16 | driver's license or permit or with suspended or revoked | ||||||
17 | licenses or permits in violation of Section 6-303 of this Code, | ||||||
18 | if the person's driving privileges were revoked or suspended as | ||||||
19 | a result of a violation listed in paragraph (1), (2), or (3) of | ||||||
20 | subsection (c) of Section 6-303 of this Code or as a result of | ||||||
21 | a statutory summary suspension as provided in paragraph (4) of | ||||||
22 | subsection (c) of Section 6-303, or if the person committed the | ||||||
23 | offenses described in the following provisions of this Code: | ||||||
24 | Section 11-501, subdivisions (d)(1)(A), (d)(1)(D), (d)(1)(G), | ||||||
25 | (d)(1)(H), or (d)(1)(I); or an offense described in subsection |
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1 | (e) of Section 6-101 of this Code. | ||||||
2 | (625 ILCS 5/16A-15 new)
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3 | Sec. 16A-15. Seizure. | ||||||
4 | (a) Any motor vehicle used in violation of Section 6-101, | ||||||
5 | 6-303, or 11-501 of this Code may be seized for forfeiture if: | ||||||
6 | (1) the person's driving privileges were revoked or | ||||||
7 | suspended as a result of a violation listed in paragraph | ||||||
8 | (1), (2), or (3) of subsection (c) of Section 6-303; | ||||||
9 | (2) the person's driving privileges were revoked or | ||||||
10 | suspended as a result of a summary suspension as provided | ||||||
11 | in paragraph (4) of subsection (c) of Section 6-303; | ||||||
12 | (3) the person committed the offenses described in the | ||||||
13 | following provisions of this Code: Section 11-501, | ||||||
14 | subdivisions (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), | ||||||
15 | or (d)(1)(I); or | ||||||
16 | (4) the person committed an offense described in | ||||||
17 | subsection (e) of Section 6-101 of this Code. | ||||||
18 | (b) The seizing agency shall, within 30 days after seizure, | ||||||
19 | deliver the vehicle to the sheriff of the county of seizure and | ||||||
20 | notify the State's Attorney of the county in which the act or | ||||||
21 | omission giving rise to the forfeiture occurred, or in which | ||||||
22 | the motor vehicle was seized, of the seizure and the facts and | ||||||
23 | circumstances giving rise to the seizure and shall provide the | ||||||
24 | State's Attorney with the inventory of the motor vehicle and | ||||||
25 | its estimated value. The seizing agency shall also notify the |
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1 | Secretary of State that forfeiture proceedings are pending | ||||||
2 | regarding the vehicle. | ||||||
3 | (c) If, after review of the facts surrounding the seizure, | ||||||
4 | the State's Attorney is of the opinion that the seized motor | ||||||
5 | vehicle is subject to forfeiture, the State's Attorney shall, | ||||||
6 | within 45 days of the receipt of notice of seizure from the | ||||||
7 | seizing agency, cause notice of pending forfeiture of the motor | ||||||
8 | vehicle to be given to the owner and any person whose right, | ||||||
9 | title, or interest is of record with the Secretary of State. | ||||||
10 | (625 ILCS 5/16A-20 new)
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11 | Sec. 16A-20. Notice to owner or interest holder. | ||||||
12 | (a) Whenever notice of pending forfeiture or service of an | ||||||
13 | in rem complaint is required under this Chapter: | ||||||
14 | (1) the notice of pending forfeiture must include a | ||||||
15 | description of the motor vehicle, the estimated value of | ||||||
16 | the motor vehicle, the date and place of seizure, the | ||||||
17 | conduct giving rise to forfeiture or the violation of law | ||||||
18 | alleged, and a summary of procedures and procedural rights | ||||||
19 | applicable to the forfeiture action; and | ||||||
20 | (2) if the name and address of the owner or any person | ||||||
21 | whose right, title, or interest is of record are known, the | ||||||
22 | notice or service shall be given by either personal service | ||||||
23 | or by mailing a copy of the notice by certified mail, | ||||||
24 | return receipt requested, to that address. If the address | ||||||
25 | of an owner or any person whose right, title, or interest |
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1 | is of record changes prior to the effective date of the | ||||||
2 | notice of pending forfeiture, the owner or any person whose | ||||||
3 | right, title, or interest is of record shall promptly | ||||||
4 | notify the seizing agency of the change in address or, if | ||||||
5 | the address of an owner or any person whose right, title, | ||||||
6 | or interest is of record changes subsequent to the | ||||||
7 | effective date of the notice of pending forfeiture, the | ||||||
8 | owner or any person whose right, title, or interest is of | ||||||
9 | record shall promptly notify the seizing agency and the | ||||||
10 | State's Attorney's Office of the change in address. | ||||||
11 | (b) Notice served under this Chapter is effective upon | ||||||
12 | personal service or the mailing of written notice, whichever is | ||||||
13 | earlier. | ||||||
14 | (625 ILCS 5/16A-25 new)
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15 | Sec. 16A-25. Non-judicial forfeiture. | ||||||
16 | (a) Any person claiming ownership of the motor vehicle that | ||||||
17 | is the subject of notice under Section 16A-20 may, within 45 | ||||||
18 | days after the effective date of notice as described in Section | ||||||
19 | 16A-20, file with the State's Attorney a verified claim of his | ||||||
20 | or her ownership of the motor vehicle. The claim must set | ||||||
21 | forth: | ||||||
22 | (1) the caption of the proceedings as set forth on the | ||||||
23 | notice of pending forfeiture and the name of the claimant; | ||||||
24 | (2) the address at which the claimant will accept mail; | ||||||
25 | (3) the nature and extent of the claimant's ownership |
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1 | of the motor vehicle; | ||||||
2 | (4) the date and circumstances of the claimant's | ||||||
3 | acquisition of the ownership of the motor vehicle and the | ||||||
4 | identity of the transferor; | ||||||
5 | (5) the name and address of all other persons known to | ||||||
6 | have ownership of the motor vehicle; | ||||||
7 | (6) the specific provision of law relied on in | ||||||
8 | asserting that the motor vehicle is not subject to | ||||||
9 | forfeiture; | ||||||
10 | (7) all essential facts supporting each assertion; and | ||||||
11 | (8) the relief sought. | ||||||
12 | (b) If a claimant files a claim and deposits with the | ||||||
13 | State's Attorney a cost bond, in the form of a cashier's check | ||||||
14 | payable to the clerk of the court, in the sum of 10% of the | ||||||
15 | reasonable value of the motor vehicle as alleged by the State's | ||||||
16 | Attorney, the State's Attorney shall, within 45 days after | ||||||
17 | receipt of the claim and cost bond, institute judicial in rem | ||||||
18 | forfeiture proceedings and deposit the cost bond with the clerk | ||||||
19 | of the court as described in Section 16A-35. In lieu of a cost | ||||||
20 | bond, a person claiming ownership of the seized motor vehicle | ||||||
21 | may file, under penalty of perjury, an indigency affidavit. | ||||||
22 | (c) If the motor vehicle is not forfeited in the judicial | ||||||
23 | in rem proceeding, the clerk of the court shall return to the | ||||||
24 | claimant, unless the court orders otherwise, 90% of the sum | ||||||
25 | that has been deposited and shall retain as costs 10% of the | ||||||
26 | money deposited. If the motor vehicle is forfeited in the |
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1 | judicial in rem proceeding, the clerk of the court shall | ||||||
2 | transfer 80% of the sum that has been deposited to the Office | ||||||
3 | of the State's Attorney prosecuting the civil forfeiture to be | ||||||
4 | applied to the costs of prosecution and 10% to the sheriff's | ||||||
5 | office of the county in which the prosecution resulting in the | ||||||
6 | forfeiture was instituted for expenses related to the | ||||||
7 | administration and sale of the seized property and the clerk | ||||||
8 | shall retain as costs 10% of the money deposited. | ||||||
9 | (d) If no claim is filed or bond given within the 45 day | ||||||
10 | period described in this Section, the State's Attorney shall | ||||||
11 | declare the property forfeited and shall promptly notify the | ||||||
12 | owner, any person whose right, title, or interest is of record, | ||||||
13 | and the sheriff of the county in which the seizure occurred, of | ||||||
14 | the declaration of forfeiture. | ||||||
15 | (e) A copy of the declaration of forfeiture shall be filed | ||||||
16 | with the sheriff of the county in which the seizure occurs and | ||||||
17 | with the Secretary of State. The declaration, when filed, | ||||||
18 | constitutes authority for the issuance of clear title to the | ||||||
19 | vehicle to the department or agency to whom it is delivered or | ||||||
20 | to any purchaser of the vehicle. | ||||||
21 | (f) When a motor vehicle is forfeited under this Section, | ||||||
22 | the sheriff of the county in which the seizure occurs shall | ||||||
23 | sell the motor vehicle at public auction, unless the motor | ||||||
24 | vehicle is required by law to be destroyed, is harmful to the | ||||||
25 | public, or is awarded to the seizing agency or prosecutor as | ||||||
26 | set forth in paragraph (g) of this Section. |
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1 | (g) Upon application of the seizing agency or the | ||||||
2 | prosecutor who was responsible for the investigation, arrest, | ||||||
3 | and prosecution that led to the forfeiture of the motor | ||||||
4 | vehicle, the county sheriff shall award the motor vehicle to | ||||||
5 | the seizing agency or prosecutor for their official use. | ||||||
6 | (h) The proceeds of any sale at public auction by the | ||||||
7 | sheriff under this Chapter after deduction of the reasonable | ||||||
8 | charges and expenses incurred by the sheriff in storing and | ||||||
9 | selling the vehicle, shall be paid into the general fund of the | ||||||
10 | county of seizure. | ||||||
11 | (625 ILCS 5/16A-30 new)
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12 | Sec. 16A-30. Presumptions. Suspension or revocation of the | ||||||
13 | driver's license or permit of the driver of the motor vehicle | ||||||
14 | shall be conclusively presumed to be known by the driver and | ||||||
15 | any person whose right, title, or interest is or record if: | ||||||
16 | (1) the Secretary of State has sent the driver a | ||||||
17 | certified letter, return receipt requested, regarding the | ||||||
18 | suspension or revocation; or | ||||||
19 | (2) the suspension or revocation was the result of a | ||||||
20 | court order. | ||||||
21 | (625 ILCS 5/16A-35 new)
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22 | Sec. 16A-35. Exemptions from forfeiture. A motor vehicle is | ||||||
23 | exempt from forfeiture under this Chapter if: | ||||||
24 | (1) the owner or any person whose right, title, or |
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1 | interest is of record with the Secretary of State | ||||||
2 | establishes by a preponderance of the evidence that he or | ||||||
3 | she made a reasonable effort or inquiry to determine | ||||||
4 | whether the driver possessed a valid driver's license | ||||||
5 | before allowing him or her to operate the owner's vehicle. | ||||||
6 | The owner or any person whose right, title, or interest is | ||||||
7 | of record is not required to inquire of the Secretary of | ||||||
8 | State whether the driver possessed a valid driver's | ||||||
9 | license; | ||||||
10 | (2) the owner or any person whose right, title, or | ||||||
11 | interest is of record with the Secretary of State did not | ||||||
12 | hold the property jointly or in common with a person whose | ||||||
13 | conduct gave rise to the forfeiture; | ||||||
14 | (3) the owner or any person whose right, title, or | ||||||
15 | interest is of record with the Secretary of State does not | ||||||
16 | hold the property for the benefit of or as nominee for any | ||||||
17 | person whose conduct gave rise to its forfeiture, and, if | ||||||
18 | the owner or any person whose right, title, or interest is | ||||||
19 | of record acquired the interest through any such person, | ||||||
20 | the owner or any person whose right, title, or interest is | ||||||
21 | of record acquired it as a bona fide purchaser for value | ||||||
22 | without knowingly taking part in the conduct giving rise to | ||||||
23 | the forfeiture; and | ||||||
24 | (4) the owner or any person whose right, title, or | ||||||
25 | interest is of record with the Secretary of State acquired | ||||||
26 | the interest before the commencement of the conduct giving |
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1 | rise to its forfeiture, and the person whose conduct gave | ||||||
2 | rise to its forfeiture did not have the authority to convey | ||||||
3 | the interest to a bona fide purchaser for value at the time | ||||||
4 | of the conduct. | ||||||
5 | (625 ILCS 5/16A-40 new)
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6 | Sec. 16A-40. Judicial in rem procedures. | ||||||
7 | (a) Within 45 days of receipt of a proper verified claim | ||||||
8 | and cost bond, the State's Attorney shall institute judicial | ||||||
9 | forfeiture proceedings by filing a verified complaint for | ||||||
10 | forfeiture and, if the claimant has filed a claim and cost | ||||||
11 | bond, by depositing the cost bond with the clerk of the court. | ||||||
12 | When authorized by law, a forfeiture must be ordered by a court | ||||||
13 | in an action in rem brought by a State's Attorney under a | ||||||
14 | verified complaint for forfeiture. | ||||||
15 | (b) During the probable cause portion of the judicial in | ||||||
16 | rem proceeding in which the State presents its case-in-chief, | ||||||
17 | the court must receive and consider, among other things, all | ||||||
18 | relevant hearsay evidence and information. The laws of evidence | ||||||
19 | relating to civil actions shall apply to all other portions of | ||||||
20 | the judicial in rem proceeding. | ||||||
21 | (c) Only an owner or a person or legal entity whose right, | ||||||
22 | title, or interest is of record with the Secretary of State on | ||||||
23 | or before the date of seizure of the vehicle may file an answer | ||||||
24 | asserting a claim against the motor vehicle in the action in | ||||||
25 | rem. For purposes of this Section, any person or legal entity |
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1 | whose right, title, or interest is of record shall be referred | ||||||
2 | to as the claimant. | ||||||
3 | (d) The answer must be signed by the claimant under penalty | ||||||
4 | of perjury and must indicate: | ||||||
5 | (1) the caption of the proceedings, as set forth on the | ||||||
6 | notice of pending forfeiture, and the name of the claimant; | ||||||
7 | (2) the address at which the claimant will accept mail; | ||||||
8 | (3) the nature and extent of the claimant's ownership | ||||||
9 | of the motor vehicle; | ||||||
10 | (4) the date and circumstances of the claimant's | ||||||
11 | acquisition of ownership of the motor vehicle and the | ||||||
12 | identity of transferor; | ||||||
13 | (5) the name and address of all other persons known to | ||||||
14 | have ownership of the motor vehicle; | ||||||
15 | (6) the specific language of Section 16A-35 relied on | ||||||
16 | in asserting that the motor vehicle is not subject to | ||||||
17 | forfeiture; | ||||||
18 | (7) all essential facts supporting each assertion; and | ||||||
19 | (8) the precise relief sought. | ||||||
20 | (e) The answer must be filed with the court within 45 days | ||||||
21 | after service of the civil in rem complaint. | ||||||
22 | (f) The hearing must be held within 60 days after filing of | ||||||
23 | the answer unless continued for good cause. If a related | ||||||
24 | traffic or criminal case that gave rise to this proceeding is | ||||||
25 | still pending, however, all forfeiture proceedings shall, upon | ||||||
26 | motion of the State, be stayed until the underlying case is |
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1 | concluded. | ||||||
2 | (g) The State must, at the hearing, show probable cause for | ||||||
3 | forfeiture of the motor vehicle. If the State shows probable | ||||||
4 | cause, the claimant has the burden of showing by a | ||||||
5 | preponderance of the evidence that the claimant's ownership of | ||||||
6 | the motor vehicle is not subject to forfeiture. | ||||||
7 | (h) If the State does not show probable cause, or a | ||||||
8 | claimant has established by a preponderance of evidence that | ||||||
9 | the claimant's ownership is exempt under Section 16A-35, the | ||||||
10 | court shall order the motor vehicle returned to the claimant. | ||||||
11 | If the State does show probable cause and the claimant does not | ||||||
12 | establish by a preponderance of evidence that the claimant's | ||||||
13 | ownership is exempt under Section 16A-35, the court shall order | ||||||
14 | the motor vehicle forfeited to the seizing agency or prosecutor | ||||||
15 | for their official use; or may order the motor vehicle | ||||||
16 | destroyed; or may order it sold at public auction by the | ||||||
17 | sheriff of the seizing county as set forth in paragraph (h) of | ||||||
18 | Section 16A-25. | ||||||
19 | (i) A defendant who has pled guilty or has been found | ||||||
20 | guilty in any underlying traffic or criminal proceeding is | ||||||
21 | precluded from later denying the essential allegations of the | ||||||
22 | traffic or criminal offense of which the defendant was | ||||||
23 | convicted in any proceeding under this Act, regardless of the | ||||||
24 | pendency of an appeal from that conviction. Evidence of the | ||||||
25 | pendency of an appeal is admissible, however. | ||||||
26 | (j) An acquittal or dismissal in a traffic or criminal |
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1 | proceeding shall not preclude civil proceedings under this | ||||||
2 | Chapter. A motor vehicle subject to forfeiture under this | ||||||
3 | Chapter shall not be subject to return or release by a court | ||||||
4 | exercising jurisdiction over a traffic or criminal case | ||||||
5 | involving the seizure of that motor vehicle, unless the return | ||||||
6 | or release is consented to by the State's Attorney. | ||||||
7 | (k) Any motor vehicle declared forfeited under this Chapter | ||||||
8 | vests in the county in which the seizure occurs on the | ||||||
9 | commission of the conduct giving rise to forfeiture of the | ||||||
10 | motor vehicle after that time. The motor vehicle remains | ||||||
11 | subject to forfeiture after any subsequent transfer to any | ||||||
12 | person, and the motor vehicle shall be ordered forfeited unless | ||||||
13 | the transferee claims and establishes in a hearing under this | ||||||
14 | Chapter that the transferee's ownership is exempt under Section | ||||||
15 | 16A-35. | ||||||
16 | (l) A civil action under this Chapter must be commenced | ||||||
17 | within 5 years after the last conduct giving rise to forfeiture | ||||||
18 | became known or should have become known, or 5 years after the | ||||||
19 | forfeitable motor vehicle is discovered, whichever is later, | ||||||
20 | excluding any time during which either the motor vehicle or | ||||||
21 | claimant is out of the State or in confinement or during which | ||||||
22 | criminal proceedings relating to the same conduct are in | ||||||
23 | progress. | ||||||
24 | (m) Motor vehicles taken or detained under this Chapter are | ||||||
25 | not subject to replevin and are deemed to be in the custody of | ||||||
26 | the county sheriff, subject only to the order and judgments of |
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1 | the circuit court having jurisdiction over the forfeiture | ||||||
2 | proceedings and the decisions of the State's Attorney under | ||||||
3 | this Chapter. | ||||||
4 | (625 ILCS 5/16A-45 new)
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5 | Sec. 16A-45. Stay of time periods. If a motor vehicle is | ||||||
6 | seized for evidence and for forfeiture, the time periods for | ||||||
7 | instituting judicial and non-judicial forfeiture proceedings | ||||||
8 | shall not begin until the motor vehicle is no longer needed for | ||||||
9 | evidence. | ||||||
10 | (625 ILCS 5/16A-50 new)
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11 | Sec. 16A-50. Settlement of claims. | ||||||
12 | (a) Notwithstanding other provisions of this Chapter, the | ||||||
13 | State's Attorney and a claimant of a seized motor vehicle may | ||||||
14 | enter into an agreed settlement concerning the seized motor | ||||||
15 | vehicle in the amount and upon the terms that are set out in | ||||||
16 | writing in a settlement agreement. | ||||||
17 | (b) If the county sheriff or the State's Attorney agrees to | ||||||
18 | release a motor vehicle to an owner or person whose right, | ||||||
19 | title, or interest is of record, that person must sign a | ||||||
20 | stipulated vehicle release agreement that provides for the | ||||||
21 | automatic forfeiture of any vehicle registered to him or her if | ||||||
22 | the vehicle is driven by a driver with a suspended or revoked | ||||||
23 | license or permit. This Section applies to any vehicle | ||||||
24 | currently owned or any vehicle registered in the future. If the |
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1 | person does not sign the agreement, the vehicle may not be | ||||||
2 | released. A signed agreement precludes any claim, if the motor | ||||||
3 | vehicle is subsequently driven by a person with a suspended or | ||||||
4 | revoked driver's license or permit, that the person to whom the | ||||||
5 | vehicle was released is an innocent owner. | ||||||
6 | Section 10. The Criminal Code of 1961 is amended by | ||||||
7 | changing Section 36-1 as follows:
| ||||||
8 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
9 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
10 | with the knowledge
and consent of the owner in the commission | ||||||
11 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
12 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
13 | 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | ||||||
14 | 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | ||||||
15 | 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | ||||||
16 | or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | ||||||
17 | Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | ||||||
18 | (d) of Section
12-16 of this Code, or paragraph (a)(6) or | ||||||
19 | (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | ||||||
20 | or 26 of the Cigarette Tax
Act if the vessel, vehicle or | ||||||
21 | aircraft contains more than 10 cartons of
such cigarettes; (c) | ||||||
22 | Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | ||||||
23 | vessel, vehicle or aircraft contains more than 10 cartons of | ||||||
24 | such
cigarettes; (d) Section 44 of the Environmental Protection |
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1 | Act; or (e) Section
11-204.1
of the Illinois Vehicle Code; (f)
| ||||||
2 | the offenses described in the
following provisions of the | ||||||
3 | Illinois Vehicle Code:
Section 11-501 subdivisions (c-1)(1), | ||||||
4 | (c-1)(2), (c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or | ||||||
5 | (d)(1)(H); (g) an offense described in subsection (g) of | ||||||
6 | Section 6-303 of the
Illinois Vehicle Code; or (h) an offense | ||||||
7 | described in subsection (e) of
Section 6-101 of the Illinois | ||||||
8 | Vehicle Code;
may be
seized and delivered forthwith to the | ||||||
9 | sheriff of the county of seizure.
| ||||||
10 | Within 15 days after such delivery the sheriff shall give | ||||||
11 | notice of seizure
to each person according to the following | ||||||
12 | method: Upon each such person
whose right, title or interest is | ||||||
13 | of record in the office of the Secretary
of State, the | ||||||
14 | Secretary of Transportation, the Administrator of the Federal
| ||||||
15 | Aviation Agency, or any other Department of this State, or any | ||||||
16 | other state
of the United States if such vessel, vehicle or | ||||||
17 | aircraft is required to be
so registered, as the case may be, | ||||||
18 | by mailing a copy of the notice by
certified mail to the | ||||||
19 | address as given upon the records of the Secretary of
State, | ||||||
20 | the Department of Aeronautics, Department of Public Works and
| ||||||
21 | Buildings or any other Department of this State or the United | ||||||
22 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
23 | registered. Within
that 15 day period the sheriff shall also | ||||||
24 | notify the State's Attorney of
the county of seizure about the | ||||||
25 | seizure.
| ||||||
26 | In addition, any mobile or portable equipment used in the |
| |||||||
| |||||||
1 | commission of an
act which is in violation of Section 7g of the | ||||||
2 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
3 | seizure and forfeiture under the same
procedures provided in | ||||||
4 | this Article for the seizure and forfeiture of vessels,
| ||||||
5 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
6 | vessel, vehicle
or aircraft for purposes of this Article.
| ||||||
7 | When a person discharges a firearm at another individual | ||||||
8 | from a vehicle with
the knowledge and consent of the owner of | ||||||
9 | the vehicle and with the intent to
cause death or great bodily | ||||||
10 | harm to that individual and as a result causes
death or great | ||||||
11 | bodily harm to that individual, the vehicle shall be subject to
| ||||||
12 | seizure and forfeiture under the same procedures provided in | ||||||
13 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
14 | violations of clauses (a), (b),
(c), or (d) 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 makes | ||||||
20 | a showing
that the seized vehicle is the only source of | ||||||
21 | transportation and it is
determined that the financial hardship | ||||||
22 | to the family as a result of the seizure
outweighs the benefit | ||||||
23 | to the State from the seizure, the vehicle may be
forfeited to | ||||||
24 | the spouse or family member and the title to the vehicle shall | ||||||
25 | be
transferred to the spouse or family member who is properly | ||||||
26 | licensed and who
requires the use of the vehicle for employment |
| |||||||
| |||||||
1 | or family transportation
purposes. A written declaration of | ||||||
2 | forfeiture of a vehicle under this
Section shall be sufficient | ||||||
3 | cause for the title to be transferred to the spouse
or family | ||||||
4 | member. The provisions of this paragraph shall apply only to | ||||||
5 | one
forfeiture per vehicle. If the vehicle is the subject of a | ||||||
6 | subsequent
forfeiture proceeding by virtue of a subsequent | ||||||
7 | conviction of either spouse or
the family member, the spouse or | ||||||
8 | family member to whom the vehicle was
forfeited under the first | ||||||
9 | forfeiture proceeding may not utilize the
provisions of this | ||||||
10 | paragraph in another forfeiture proceeding. If the owner of
the | ||||||
11 | vehicle seized owns more than one vehicle,
the procedure set | ||||||
12 | out in this paragraph may be used for only one vehicle.
| ||||||
13 | Property declared contraband under Section 40 of the | ||||||
14 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
15 | seized and forfeited under this
Article.
| ||||||
16 | (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06; | ||||||
17 | 94-1017, eff. 7-7-06.)
|