SB2916 94TH GENERAL ASSEMBLY

LRB094 19124 DRH 54645 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2916

Introduced 1/20/2006, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

625 ILCS 5/6-101	from Ch. 95 1/2, par. 6-101
625 ILCS 5/6-303	from Ch. 95 1/2, par. 6-303
625 ILCS 5/Chapter 16A heading new
625 ILCS 5/16A-1 new
625 ILCS 5/16A-5 new
625 ILCS 5/16A-10 new
625 ILCS 5/16A-15 new
625 ILCS 5/16A-20 new
625 ILCS 5/16A-25 new
625 ILCS 5/16A-30 new
625 ILCS 5/16A-35 new
625 ILCS 5/16A-40 new
625 ILCS 5/16A-45 new
625 ILCS 5/16A-50 new
720 ILCS 5/36-1	from Ch. 38, par. 36-1

Amends the Illinois Vehicle Code and the Criminal Code of 1961. Transfers from the Criminal Code of 1961 to the Illinois Vehicle Code provisions for seizure and forfeiture of the vehicles of certain persons driving without a valid driver's license or permit or without liability insurance or who have committed specified violations while driving under the influence of alcohol, drugs, or intoxicating compounds. Establishes procedure for the forfeiture, including the right to a hearing for persons with a claim to the vehicle.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 6-101 and 6-303 and adding Chapter 16A as follows:

(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)

Sec. 6-101. Drivers must have licenses or permits.

(a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, or a restricted driving permit, issued under the provisions of this Act.

(b) No person shall drive a motor vehicle unless he holds a valid license or permit, or a restricted driving permit issued under the provisions of Section 6-205, 6-206, or 6-113 of this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits. No drivers license shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.

(c) Any person licensed as a driver hereunder shall not be required by any city, village, incorporated town or other municipal corporation to obtain any other license to exercise the privilege thereby granted.

(d) In addition to other penalties imposed under this Section, any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the motor vehicle that was impounded and the notarized written consent for the release by the vehicle owner.

(e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Chapter 16A of this Code Sections 36-1 and 36-2 of the Criminal Code of 1961. For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05.)

(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)

Sec. 6-303. Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked.

(a) Any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor.

(b) The Secretary of State upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when said person's driver's license, permit or privilege was suspended by the Secretary, by the appropriate authority of another state, or pursuant to Section 11-501.1; except as may be specifically allowed by a probationary license to drive, judicial driving permit or restricted driving permit issued pursuant to this Code or the law of another state; shall extend the suspension for the same period of time as the originally imposed suspension; however, if the period of suspension has then expired, the Secretary shall be authorized to suspend said person's driving privileges for the same period of time as the originally imposed suspension; and if the conviction was upon a charge which indicated that a vehicle was operated during the time when the person's driver's license, permit or privilege was revoked; except as may be allowed by a restricted driving permit issued pursuant to this Code or the law of another state; the Secretary shall not issue a driver's license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation.

(c) Any person convicted of violating this Section shall serve a minimum term of imprisonment of 10 consecutive days or 30 days of community service when the person's driving privilege was revoked or suspended as a result of:

(1) a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof; or

(2) a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle accident involving personal injury or death; or

(3) a violation of Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide; or

(4) a statutory summary suspension under Section 11-501.1 of this Code.

Such sentence of imprisonment or community service shall not be subject to suspension in order to reduce such sentence.

(c-1) Except as provided in subsection (d), any person convicted of a second violation of this Section shall be ordered by the court to serve a minimum of 100 hours of community service.

(c-2) In addition to other penalties imposed under this Section, the court may impose on any person convicted a fourth time of violating this Section any of the following:

(1) Seizure of the license plates of the person's vehicle.

(2) Immobilization of the person's vehicle for a period of time to be determined by the court.

(d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.

(d-1) Except as provided in subsection (d-2) and subsection (d-3), any person convicted of a third or subsequent violation of this Section shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court.

(d-2) Any person convicted of a third violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 30 days if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.

(d-3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.

(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.

(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.

(e) Any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements, in addition to other penalties imposed under this Section, shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the release by the vehicle owner.

(f) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.

(g) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Chapter 16A of this Code Sections 36-1 and 36-2 of the Criminal Code of 1961 if the person's driving privilege was revoked or suspended as a result of a violation listed in paragraph (1), (2), or (3) of subsection (c) of this Section or as a result of a summary suspension as provided in paragraph (4) of subsection (c) of this Section.

(Source: P.A. 94-112, eff. 1-1-06.)

(625 ILCS 5/Chapter 16A heading new)

CHAPTER 16A. TRAFFIC SAFETY FORFEITURES

(625 ILCS 5/16A-1 new)

Sec. 16A-1. Short title. This Chapter may be cited as the Traffic Safety Forfeiture Law of 2006.

(625 ILCS 5/16A-5 new)

Sec. 16A-5. Legislative Declaration. The Illinois General Assembly finds that persons who drive without a valid driver's license or permit or with a suspended or revoked driver's license or permit pose a significant and dangerous threat to Illinois motorists. The civil forfeiture of motor vehicles used by persons who drive without a valid driver's license or permit or with a suspended or revoked driver's license or permit will have a significant beneficial effect in deterring this type of activity and will reduce the number of traffic fatalities and accidents caused by those persons. It is necessary and appropriate to take additional steps to prevent drivers who drive without a valid driver's license or permit or with suspended or revoked licenses or permits from driving, including civil forfeiture of vehicles used by those persons. The State has a critical interest in enforcing its traffic laws and keeping drivers with suspended or revoked licenses or permits from illegally driving. Seizing the vehicles used by those persons serves an important governmental and public interest, namely the protection of the health, safety, and welfare of Illinois motorists from the harm of associated with driving without a valid driver's license or permit or with a suspended or revoked license or permit.

(625 ILCS 5/16A-10 new)

Sec. 16A-10. Applicability. This Chapter applies to all motor vehicles used by persons who drive without a valid driver's license or permit or with suspended or revoked licenses or permits in violation of Section 6-303 of this Code, if the person's driving privileges were revoked or suspended as a result of a violation listed in paragraph (1), (2), or (3) of subsection (c) of Section 6-303 of this Code or as a result of a statutory summary suspension as provided in paragraph (4) of subsection (c) of Section 6-303, or if the person committed the offenses described in the following provisions of this Code: Section 11-501, subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); or an offense described in subsection (e) of Section 6-101 of this Code.

(625 ILCS 5/16A-15 new)

Sec. 16A-15. Seizure.

(a) Any motor vehicle used in violation of Section 6-303, 11-501, or 6-101 of this Code may be seized for forfeiture if:

(1) the person's driving privileges were revoked or suspended as a result of a violation listed in paragraph (1), (2), or (3) of subsection (c) of Section 6-303; or

(2) the person's driving privileges were revoked or suspended as a result of a summary suspension as provided in paragraph (4) of subsection (c) of Section 6-303; or

(3) the person committed the offenses described in the following provisions of this Code: Section 11-501, subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); or

(4) the person committed an offense described in subsection (e) of Section 6-101 of this Code, or

(5) the person committed an offense described in subsection (g) of Section 6-303 of this Code.

(b) The seizing agency shall, within 30 days after seizure, deliver the vehicle to the sheriff of the county of seizure and notify the State's Attorney of the county in which the act or omission giving rise to the forfeiture occurred, or in which the motor vehicle was seized, of the seizure and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the motor vehicle and its estimated value. The seizing agency shall also notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle.

(c) If, after review of the facts surrounding the seizure, the State's Attorney is of the opinion that the seized motor vehicle is subject to forfeiture, the State's Attorney shall, within 45 days of the receipt of notice of seizure from the seizing agency, cause notice of pending forfeiture of the motor vehicle to be given to the owner and any person whose right, title, or interest is of record with the Secretary of State.

(625 ILCS 5/16A-20 new)

Sec. 16A-20. Notice to owner or interest holder.

(a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Chapter:

(1) the notice of pending forfeiture must include a description of the motor vehicle, the estimated value of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action; and

(2) if the name and address of the owner or any person whose right, title, or interest is of record are known, the notice or service shall be given by either personal service or by mailing a copy of the notice by certified mail, return receipt requested, to that address. If the address of an owner or any person whose right, title, or interest is of record changes prior to the effective date of the notice of pending forfeiture, the owner or any person whose right, title, or interest is of record shall promptly notify the seizing agency of the change in address or, if the address of an owner or any person whose right, title, or interest is of record changes subsequent to the effective date of the notice of pending forfeiture, the owner or any person whose right, title, or interest is of record shall promptly notify the seizing agency and the State's Attorney's Office of the change in address.

(b) Notice served under this Chapter is effective upon personal service or the mailing of written notice, whichever is earlier.

(625 ILCS 5/16A-25 new)

Sec. 16A-25. Non-judicial forfeiture.

(a) Any person claiming ownership of the motor vehicle that is the subject of notice under Section 16A-20 may, within 45 days after the effective date of notice as described in Section 16A-20, file with the State's Attorney a verified claim of his or her ownership of the motor vehicle. The claim must set forth:

(1) the caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant;

(2) the address at which the claimant will accept mail;

(3) the nature and extent of the claimant's ownership of the motor vehicle;

(4) the date and circumstances of the claimant's acquisition of the ownership of the motor vehicle and the identity of the transferor;

(5) the name and address of all other persons known to have an interest in the motor vehicle;

(6) the specific provision of law relied on in asserting that he motor vehicle is not subject to forfeiture;

(7) all essential facts supporting each assertion; and

(8) the relief sought.

(b) If a claimant files a claim and deposits with the State's Attorney a cost bond, in the form of a cashier's check payable to the clerk of the court, in the sum of 10% of the reasonable value of the motor vehicle as alleged by the State's Attorney, or the sum of $100, whichever is greater, then the State's Attorney shall, within 45 days after receipt of the claim and cost bond, institute judicial in rem forfeiture proceedings and deposit the cost bond with the clerk of the court as described in Section 16A-35. In lieu of a cost bond, a person claiming ownership of the seized motor vehicle may file, under penalty of perjury, an indigency affidavit.

(c) If the motor vehicle is not forfeited in the judicial in rem proceeding, the clerk of the court shall return to the claimant, unless the court orders otherwise, 90% of the sum which has been deposited and shall retain as costs 10% of the money deposited.

(d) If no claim is filed or bond given within the 45 day period as described in this Section, the State's Attorney shall declare the property forfeited and shall promptly notify the owner, any person whose right, title, or interest is of record, and the sheriff of the county in which the seizure occurred, of the declaration of forfeiture.

(e) A copy of the declaration of forfeiture shall be filed with the sheriff of the county in which the seizure occurs and with the Secretary of State. The declaration, when filed, constitutes authority for the issuance of clear title to the vehicle to the department or agency to whom it is delivered or to any purchaser of the vehicle.

(f) When a motor vehicle is forfeited under this Chapter, the sheriff of the county in which the seizure occurs shall sell the motor vehicle at public auction, unless the motor vehicle is required by law to be destroyed or is harmful to the public.

(g) If, however, upon application of the seizing agency or the prosecutor who was responsible for the investigation, arrest, and prosecution that led to the forfeiture of the motor vehicle, the county sheriff may award the motor vehicle to the seizing agency or prosecutor for official use, if the agency or prosecutor can demonstrate that the vehicle requested would be useful to the agency or prosecutor for official use.

(h) The proceeds of any sale at public auction under this Chapter, after payment of all liens and deduction of the reasonable charges and expenses incurred by the sheriff in storing and selling the vehicle, shall be paid into the general fund of the county of seizure.

(625 ILCS 5/16A-30 new)

Sec. 16A-30. Presumptions. Suspension or revocation of the driver's license or permit of the driver of the motor vehicle shall be conclusively presumed to be known by the driver if:

(1) the Secretary of State has sent the driver a certified letter, return receipt requested, regarding the suspension or revocation; or

(2) the suspension or revocation was the result of a court order.

(625 ILCS 5/16A-35 new)

Sec. 16A-35. Exemptions from forfeiture. A motor vehicle is exempt from forfeiture under this Chapter if:

(1) the owner or any person whose right, title, or interest is of record with the Secretary of State establishes by a preponderance of the evidence that he or she made a reasonable effort or inquiry to determine whether the driver possessed a valid driver's license before allowing him or her to operate the owner's vehicle. The owner or any person whose right, title, or interest is of record is not required to inquire of the Secretary of State whether the driver possessed a valid driver's license; and

(2) the owner or any person whose right, title, or interest is of record with the Secretary of State did not hold the property jointly or in common with a person whose conduct gave rise to the forfeiture; and

(3) the owner or any person whose right, title, or interest is of record with the Secretary of State does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or any person whose right, title, or interest is of record acquired the interest through any such person, the owner or any person whose right, title, or interest is of record acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture; and

(4) the owner or any person whose right, title, or interest is of record with the Secretary of State acquired the interest before the commencement of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct.

(625 ILCS 5/16A-40 new)

Sec. 16A-40. Judicial in rem procedures.

(a) Within 45 days of receipt of a proper verified claim and cost bond, the State's Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture and, if the claimant has filed a claim and cost bond, by depositing the cost bond with the clerk of the court. When authorized by law, a forfeiture must be ordered by a court in an action in rem brought by a State's Attorney pursuant to a verified complaint for forfeiture.

(b) During the probable cause portion of the judicial in rem proceeding in which the State presents its case-in-chief, the court must receive and consider, among other things, all relevant hearsay evidence and information. The laws of evidence relating to civil actions shall apply to all other portions of the judicial in rem proceeding.

(c) Only an owner or a person or legal entity whose right, title, or interest is of record with the Secretary of State on or before the date of seizure of the vehicle may file an answer asserting a claim against the motor vehicle in the action in rem. For purposes of this Section, any person or legal entity whose right, title, or interest is of record shall be referred to as the claimant.

(d) The answer must be signed by the claimant under penalty of perjury and must set forth:

(1) the caption of the proceedings, as set forth on the notice of pending forfeiture, and the name of the claimant;

(2) the address at which the claimant will accept mail;

(3) the nature and extent of the claimant's ownership of the motor vehicle;

(4) the date and circumstances of the claimant's acquisition of ownership of the motor vehicle and the identity of transferor;

(5) the name and address of all other persons known to have an interest in the motor vehicle;

(6) the specific provisions of Section 16A-35 relied on in asserting that the motor vehicle is not subject to forfeiture;

(7) all essential facts supporting each assertion; and

(8) the precise relief sought.

(e) The answer must be filed with the court within 45 days after service of the civil in rem complaint.

(f) The hearing must be held within 60 days after filing of the answer unless continued for good cause. If a related traffic or criminal case that gave rise to this proceeding is still pending, however, upon motion of the State, all forfeiture proceedings shall be stayed until the underlying case is concluded.

(g) At the hearing, the State shall show probable cause for forfeiture of the motor vehicle. If the State shows probable cause, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the motor vehicle is not subject to forfeiture.

(h) If the State does not show existence of probable cause, or a claimant has established by a preponderance of evidence that the claimant's interest is exempt under Section 16A-35, the court shall order that interest in the property returned or conveyed to the claimant and shall order all other interests forfeited to the State. If the State does show probable cause and the claimant does not establish by a preponderance of evidence that the claimant's interest is exempt under Section 16A-35, the court shall order the motor vehicle forfeited to the State.

(i) A defendant who has pled guilty or has been found guilty in any traffic or criminal proceeding is precluded from later denying the essential allegations of the traffic or criminal offense of which the defendant was convicted in any proceeding under this Act, regardless of the pendency of an appeal from that conviction. Evidence of the pendency of an appeal is admissible, however.

(j) An acquittal or dismissal in a traffic or criminal proceeding shall not preclude civil proceedings under this Chapter. A motor vehicle subject to forfeiture under this Chapter shall not be subject to return or release by a court exercising jurisdiction over a traffic or criminal case involving the seizure of that motor vehicle, unless the return or release is consented to by the State's Attorney.

(k) All interest in the motor vehicle declared forfeited under this Chapter vests in the State on the commission of the conduct giving rise to forfeiture of the motor vehicle. The motor vehicle remains subject to forfeiture after any subsequent transfer to any person, and the motor vehicle shall be ordered forfeited unless the transferee claims and establishes in a hearing under this Chapter that the transferee's ownership is exempt under Section 16A-35.

(l) A civil action under this Chapter must be commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known, or 5 years after the forfeitable motor vehicle is discovered, whichever is later, excluding any time during which either the motor vehicle or claimant is out of the State or in confinement or during which criminal or traffic proceedings relating to the same conduct are in progress.

(m) Motor vehicles taken or detained under this Chapter shall not be subject to replevin and are deemed to be in the custody of the county sheriff, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Chapter.

(625 ILCS 5/16A-45 new)

Sec. 16A-45. Stay of time periods. If a motor vehicle is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the motor vehicle is no longer needed for evidence.

(625 ILCS 5/16A-50 new)

Sec. 16A-50. Settlement of claims.

(a) Notwithstanding other provisions of this Chapter, the State's Attorney and a claimant of a seized motor vehicle may enter into an agreed settlement concerning the seized motor vehicle in the amount and upon the terms that are set out in writing in a settlement agreement.

(b) If the county sheriff or the State's Attorney agrees to release a motor vehicle to an owner or person whose right, title, or interest is of record, that person must sign a stipulated vehicle release agreement that provides for the automatic forfeiture of any vehicle registered to him or her if the vehicle is driven by a driver with a suspended or revoked license or permit. This Section applies to any vehicle currently owned or any vehicle registered in the future. If the person does not sign the agreement, the vehicle may not be released. A signed agreement precludes any claim, if the motor vehicle is subsequently driven by a person with a suspended or revoked driver's license or permit or in violation of subdivision (d)(1)(g) or (d)(1)(h) of Section 11-501 of this Code, that the person to whom the vehicle was released is an innocent owner.

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

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

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

Within 15 days after such delivery the sheriff shall give notice of seizure to each person according to the following method: Upon each such person whose right, title or interest is of record in the office of the Secretary of State, the Secretary of Transportation, the Administrator of the Federal Aviation Agency, or any other Department of this State, or any other state of the United States if such vessel, vehicle or aircraft is required to be so registered, as the case may be, by mailing a copy of the notice by certified mail to the address as given upon the records of the Secretary of State, the Department of Aeronautics, Department of Public Works and Buildings or any other Department of this State or the United States if such vessel, vehicle or aircraft is required to be so registered. Within that 15 day period the sheriff shall also notify the State's Attorney of the county of seizure about the seizure.

In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels, vehicles and aircraft, and any such equipment shall be deemed a vessel, vehicle or aircraft for purposes of this Article.

When a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (a), (b), (c), or (d) of this Section.

If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of this Code makes a showing that the seized vehicle is the only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes. A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member. The provisions of this paragraph shall apply only to one forfeiture per vehicle. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding. If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle.

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

(Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06.)