Full Text of HB5053 103rd General Assembly
HB5053 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5053 Introduced 2/8/2024, by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/11-506 | | 720 ILCS 5/36-1 | from Ch. 38, par. 36-1 |
| Amends the Illinois Vehicle Code. Provides that no person shall gather in a public street, commercial parking lot, or any other area open to the public for the purpose of street racing or a street side show. Provides that a vehicle used in street racing or a street side show or used to interfere with the flow of traffic to facilitate street racing or a street side show is subject to forfeiture. Amends the Criminal Code of 2012. Makes corresponding changes. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-506 as follows: | 6 | | (625 ILCS 5/11-506) | 7 | | Sec. 11-506. Street racing; aggravated street racing; | 8 | | street sideshows. | 9 | | (a) No person shall engage in street racing on any street | 10 | | or highway of this State. | 11 | | (a-5) No person shall engage in a street sideshow on any | 12 | | street or highway of this State. | 13 | | (b) No owner of any vehicle shall acquiesce in or permit | 14 | | his or her vehicle to be used by another for the purpose of | 15 | | street racing or a street sideshow. | 16 | | (b-5) A person may not knowingly interfere with or cause | 17 | | the movement of traffic to slow or stop for the purpose of | 18 | | facilitating street racing or a street sideshow. | 19 | | (b-7) No person shall gather in a public street, | 20 | | commercial parking lot, or any other area open to the public | 21 | | for the purpose of street racing or a street side show. | 22 | | (c) For the purposes of this Section: | 23 | | "Acquiesce" or "permit" means actual knowledge that the |
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| 1 | | motor vehicle was to be used for the purpose of street racing. | 2 | | "Motor vehicle stunt" includes, but is not limited to, | 3 | | operating a vehicle in a manner that causes the vehicle to | 4 | | slide or spin, driving within the proximity of a gathering of | 5 | | persons, performing maneuvers to demonstrate the performance | 6 | | capability of the motor vehicle, or maneuvering the vehicle in | 7 | | an attempt to elicit a reaction from a gathering of persons. | 8 | | "Street racing" means: | 9 | | (1) The operation of 2 or more vehicles from a point | 10 | | side by side at accelerating speeds in a competitive | 11 | | attempt to outdistance each other; or | 12 | | (2) The operation of one or more vehicles over a | 13 | | common selected course, each starting at the same point, | 14 | | for the purpose of comparing the relative speeds or power | 15 | | of acceleration of such vehicle or vehicles within a | 16 | | certain distance or time limit; or | 17 | | (3) The use of one or more vehicles in an attempt to | 18 | | outgain or outdistance another vehicle; or | 19 | | (4) The use of one or more vehicles to prevent another | 20 | | vehicle from passing; or | 21 | | (5) The use of one or more vehicles to arrive at a | 22 | | given destination ahead of another vehicle or vehicles; or | 23 | | (6) The use of one or more vehicles to test the | 24 | | physical stamina or endurance of drivers over | 25 | | long-distance driving routes. | 26 | | "Street sideshow" means an event in which one or more |
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| 1 | | vehicles block or impede traffic on a street or highway, for | 2 | | the purpose of performing unauthorized motor vehicle stunts, | 3 | | motor vehicle speed contests, or motor vehicle exhibitions of | 4 | | speed. | 5 | | (d) Penalties. | 6 | | (1) Any person who is convicted of a violation of | 7 | | subsection (a), (a-5), or (b-5) , or (b-7) shall be guilty | 8 | | of a Class A misdemeanor for the first offense and shall be | 9 | | subject to a minimum fine of $250 and forfeiture of the | 10 | | vehicle used in violation of this Section . Any person | 11 | | convicted of a violation of subsection (a), (a-5), or | 12 | | (b-5) a second or subsequent time shall be guilty of a | 13 | | Class 4 felony and shall be subject to a minimum fine of | 14 | | $500. The driver's license of any person convicted of | 15 | | subsection (a) shall be revoked in the manner provided by | 16 | | Section 6-205 of this Code. | 17 | | (2) Any person who is convicted of a violation of | 18 | | subsection (b) shall be guilty of a Class B misdemeanor. | 19 | | Any person who is convicted of subsection (b) for a second | 20 | | or subsequent time shall be guilty of a Class A | 21 | | misdemeanor. | 22 | | (3) Every person convicted of committing a violation | 23 | | of subsection (a) of this Section shall be guilty of | 24 | | aggravated street racing if the person, in committing a | 25 | | violation of subsection (a) was involved in a motor | 26 | | vehicle crash that resulted in great bodily harm or |
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| 1 | | permanent disability or disfigurement to another, where | 2 | | the violation was a proximate cause of the injury. | 3 | | Aggravated street racing is a Class 4 felony for which the | 4 | | defendant, if sentenced to a term of imprisonment, shall | 5 | | be sentenced to not less than one year nor more than 12 | 6 | | years. | 7 | | (Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; | 8 | | 103-154, eff. 6-30-23.) | 9 | | Section 10. The Criminal Code of 2012 is amended by | 10 | | changing Section 36-1 as follows: | 11 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) | 12 | | Sec. 36-1. Property subject to forfeiture. | 13 | | (a) Any vessel or watercraft, vehicle, or aircraft is | 14 | | subject to forfeiture under this Article if the vessel or | 15 | | watercraft, vehicle, or aircraft is used with the knowledge | 16 | | and consent of the owner in the commission of or in the attempt | 17 | | to commit as defined in Section 8-4 of this Code: | 18 | | (1) an offense prohibited by Section 9-1 (first degree | 19 | | murder), Section 9-3 (involuntary manslaughter and | 20 | | reckless homicide), Section 10-2 (aggravated kidnaping), | 21 | | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | 22 | | (aggravated criminal sexual assault), Section 11-1.40 | 23 | | (predatory criminal sexual assault of a child), subsection | 24 | | (a) of Section 11-1.50 (criminal sexual abuse), subsection |
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| 1 | | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | 2 | | sexual abuse), Section 11-6 (indecent solicitation of a | 3 | | child), Section 11-14.4 (promoting juvenile prostitution | 4 | | except for keeping a place of juvenile prostitution), | 5 | | Section 11-20.1 (child pornography), paragraph (a)(1), | 6 | | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | 7 | | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | 8 | | (aggravated battery), Section 12-7.3 (stalking), Section | 9 | | 12-7.4 (aggravated stalking), Section 16-1 (theft if the | 10 | | theft is of precious metal or of scrap metal), subdivision | 11 | | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | 12 | | 18-2 (armed robbery), Section 19-1 (burglary), Section | 13 | | 19-2 (possession of burglary tools), Section 19-3 | 14 | | (residential burglary), Section 20-1 (arson; residential | 15 | | arson; place of worship arson), Section 20-2 (possession | 16 | | of explosives or explosive or incendiary devices), | 17 | | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | 18 | | of weapons), Section 24-1.2 (aggravated discharge of a | 19 | | firearm), Section 24-1.2-5 (aggravated discharge of a | 20 | | machine gun or a firearm equipped with a device designed | 21 | | or used for silencing the report of a firearm), Section | 22 | | 24-1.5 (reckless discharge of a firearm), Section 28-1 | 23 | | (gambling), or Section 29D-15.2 (possession of a deadly | 24 | | substance) of this Code; | 25 | | (2) an offense prohibited by Section 21, 22, 23, 24 or | 26 | | 26 of the Cigarette Tax Act if the vessel or watercraft, |
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| 1 | | vehicle, or aircraft contains more than 10 cartons of such | 2 | | cigarettes; | 3 | | (3) an offense prohibited by Section 28, 29, or 30 of | 4 | | the Cigarette Use Tax Act if the vessel or watercraft, | 5 | | vehicle, or aircraft contains more than 10 cartons of such | 6 | | cigarettes; | 7 | | (4) an offense prohibited by Section 44 of the | 8 | | Environmental Protection Act; | 9 | | (5) an offense prohibited by Section 11-204.1 of the | 10 | | Illinois Vehicle Code (aggravated fleeing or attempting to | 11 | | elude a peace officer); | 12 | | (6) an offense prohibited by Section 11-501 of the | 13 | | Illinois Vehicle Code (driving while under the influence | 14 | | of alcohol or other drug or drugs, intoxicating compound | 15 | | or compounds or any combination thereof) or a similar | 16 | | provision of a local ordinance, and: | 17 | | (A) during a period in which his or her driving | 18 | | privileges are revoked or suspended if the revocation | 19 | | or suspension was for: | 20 | | (i) Section 11-501 (driving under the | 21 | | influence of alcohol or other drug or drugs, | 22 | | intoxicating compound or compounds or any | 23 | | combination thereof), | 24 | | (ii) Section 11-501.1 (statutory summary | 25 | | suspension or revocation), | 26 | | (iii) paragraph (b) of Section 11-401 (motor |
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| 1 | | vehicle crashes involving death or personal | 2 | | injuries), or | 3 | | (iv) reckless homicide as defined in Section | 4 | | 9-3 of this Code; | 5 | | (B) has been previously convicted of reckless | 6 | | homicide or a similar provision of a law of another | 7 | | state relating to reckless homicide in which the | 8 | | person was determined to have been under the influence | 9 | | of alcohol, other drug or drugs, or intoxicating | 10 | | compound or compounds as an element of the offense or | 11 | | the person has previously been convicted of committing | 12 | | a violation of driving under the influence of alcohol | 13 | | or other drug or drugs, intoxicating compound or | 14 | | compounds or any combination thereof and was involved | 15 | | in a motor vehicle crash that resulted in death, great | 16 | | bodily harm, or permanent disability or disfigurement | 17 | | to another, when the violation was a proximate cause | 18 | | of the death or injuries; | 19 | | (C) the person committed a violation of driving | 20 | | under the influence of alcohol or other drug or drugs, | 21 | | intoxicating compound or compounds or any combination | 22 | | thereof under Section 11-501 of the Illinois Vehicle | 23 | | Code or a similar provision for the third or | 24 | | subsequent time; | 25 | | (D) he or she did not possess a valid driver's | 26 | | license or permit or a valid restricted driving permit |
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| 1 | | or a valid judicial driving permit or a valid | 2 | | monitoring device driving permit; or | 3 | | (E) he or she knew or should have known that the | 4 | | vehicle he or she was driving was not covered by a | 5 | | liability insurance policy; | 6 | | (7) an offense described in subsection (g) of Section | 7 | | 6-303 of the Illinois Vehicle Code; | 8 | | (8) an offense described in subsection (e) of Section | 9 | | 6-101 of the Illinois Vehicle Code; or | 10 | | (9)(A) operating a watercraft under the influence of | 11 | | alcohol, other drug or drugs, intoxicating compound or | 12 | | compounds, or combination thereof under Section 5-16 of | 13 | | the Boat Registration and Safety Act during a period in | 14 | | which his or her privileges to operate a watercraft are | 15 | | revoked or suspended and the revocation or suspension was | 16 | | for operating a watercraft under the influence of alcohol, | 17 | | other drug or drugs, intoxicating compound or compounds, | 18 | | or combination thereof; (B) operating a watercraft under | 19 | | the influence of alcohol, other drug or drugs, | 20 | | intoxicating compound or compounds, or combination thereof | 21 | | and has been previously convicted of reckless homicide or | 22 | | a similar provision of a law in another state relating to | 23 | | reckless homicide in which the person was determined to | 24 | | have been under the influence of alcohol, other drug or | 25 | | drugs, intoxicating compound or compounds, or combination | 26 | | thereof as an element of the offense or the person has |
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| 1 | | previously been convicted of committing a violation of | 2 | | operating a watercraft under the influence of alcohol, | 3 | | other drug or drugs, intoxicating compound or compounds, | 4 | | or combination thereof and was involved in an accident | 5 | | that resulted in death, great bodily harm, or permanent | 6 | | disability or disfigurement to another, when the violation | 7 | | was a proximate cause of the death or injuries; or (C) the | 8 | | person committed a violation of operating a watercraft | 9 | | under the influence of alcohol, other drug or drugs, | 10 | | intoxicating compound or compounds, or combination thereof | 11 | | under Section 5-16 of the Boat Registration and Safety Act | 12 | | or a similar provision for the third or subsequent time ; | 13 | | or | | | . | 14 | | (10) an offense described in Section 11-506 of the | 15 | | Illinois Vehicle Code. | 16 | | (b) In addition, any mobile or portable equipment used in | 17 | | the commission of an act which is in violation of Section 7g of | 18 | | the Metropolitan Water Reclamation District Act shall be | 19 | | subject to seizure and forfeiture under the same procedures | 20 | | provided in this Article for the seizure and forfeiture of | 21 | | vessels or watercraft, vehicles, and aircraft, and any such | 22 | | equipment shall be deemed a vessel or watercraft, vehicle, or | 23 | | aircraft for purposes of this Article. | 24 | | (c) In addition, when a person discharges a firearm at | 25 | | another individual from a vehicle with the knowledge and | 26 | | consent of the owner of the vehicle and with the intent to |
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| 1 | | cause death or great bodily harm to that individual and as a | 2 | | result causes death or great bodily harm to that individual, | 3 | | the vehicle shall be subject to seizure and forfeiture under | 4 | | the same procedures provided in this Article for the seizure | 5 | | and forfeiture of vehicles used in violations of clauses (1), | 6 | | (2), (3), or (4) of subsection (a) of this Section. | 7 | | (d) If the spouse of the owner of a vehicle seized for an | 8 | | offense described in subsection (g) of Section 6-303 of the | 9 | | Illinois Vehicle Code, a violation of subdivision (d)(1)(A), | 10 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section | 11 | | 11-501 of the Illinois Vehicle Code, or Section 9-3 of this | 12 | | Code makes a showing that the seized vehicle is the only source | 13 | | of transportation and it is determined that the financial | 14 | | hardship to the family as a result of the seizure outweighs the | 15 | | benefit to the State from the seizure, the vehicle may be | 16 | | forfeited to the spouse or family member and the title to the | 17 | | vehicle shall be transferred to the spouse or family member | 18 | | who is properly licensed and who requires the use of the | 19 | | vehicle for employment or family transportation purposes. A | 20 | | written declaration of forfeiture of a vehicle under this | 21 | | Section shall be sufficient cause for the title to be | 22 | | transferred to the spouse or family member. The provisions of | 23 | | this paragraph shall apply only to one forfeiture per vehicle. | 24 | | If the vehicle is the subject of a subsequent forfeiture | 25 | | proceeding by virtue of a subsequent conviction of either | 26 | | spouse or the family member, the spouse or family member to |
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| 1 | | whom the vehicle was forfeited under the first forfeiture | 2 | | proceeding may not utilize the provisions of this paragraph in | 3 | | another forfeiture proceeding. If the owner of the vehicle | 4 | | seized owns more than one vehicle, the procedure set out in | 5 | | this paragraph may be used for only one vehicle. | 6 | | (e) In addition, property subject to forfeiture under | 7 | | Section 40 of the Illinois Streetgang Terrorism Omnibus | 8 | | Prevention Act may be seized and forfeited under this Article. | 9 | | (Source: P.A. 102-982, eff. 7-1-23 .) |
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