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Public Act 094-0329
Public Act 0329 94TH GENERAL ASSEMBLY
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Public Act 094-0329
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| HB1471 Enrolled |
LRB094 08861 DRH 39080 b |
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| AN ACT concerning driving offenses.
| 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 | Section 11-501 as follows:
| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
| Sec. 11-501. Driving while under the influence of alcohol, | other drug or
drugs, intoxicating compound or compounds or any | combination thereof.
| (a) A person shall not drive or be in actual
physical | control of any vehicle within this State while:
| (1) the alcohol concentration in the person's blood or | breath is 0.08
or more based on the definition of blood and | breath units in Section 11-501.2;
| (2) under the influence of alcohol;
| (3) under the influence of any intoxicating compound or | combination of
intoxicating compounds to a degree that | renders the person incapable of
driving safely;
| (4) under the influence of any other drug or | combination of drugs to a
degree that renders the person | incapable of safely driving;
| (5) under the combined influence of alcohol, other drug | or drugs, or
intoxicating compound or compounds to a degree | that renders the person
incapable of safely driving; or
| (6) there is any amount of a drug, substance, or | compound in the
person's breath, blood, or urine resulting | from the unlawful use or consumption
of cannabis listed in | the Cannabis Control Act, a controlled substance listed
in | the Illinois Controlled Substances Act, or an intoxicating | compound listed
in the Use of Intoxicating Compounds Act.
| (b) The fact that any person charged with violating this | Section is or
has been legally entitled to use alcohol, other |
| drug or drugs, or
intoxicating compound or compounds, or any
| combination thereof, shall not constitute a defense against any | charge of
violating this Section.
| (b-1) With regard to penalties imposed under this Section:
| (1) Any reference to a prior violation of subsection | (a) or a similar
provision includes any violation of a | provision of a local ordinance or a
provision of a law of | another state that is similar to a violation of
subsection | (a) of this Section.
| (2) Any penalty imposed for driving with a license that | has been revoked
for a previous violation of subsection (a) | of this Section shall be in
addition to the penalty imposed | for any subsequent violation of subsection (a).
| (b-2) Except as otherwise provided in this Section, any | person convicted of
violating subsection (a) of this Section is | guilty of a Class A misdemeanor.
| (b-3) In addition to any other criminal or administrative | sanction for any
second conviction of violating subsection (a) | or a similar provision committed
within 5 years of a previous | violation of subsection (a) or a similar
provision, the | defendant shall be sentenced to a mandatory minimum of 5 days | of
imprisonment or assigned a mandatory minimum of 240 hours of | community service
as may be determined by the court.
| (b-4) In the case of a third or subsequent violation | committed within 5
years of a previous violation of subsection | (a) or a similar provision, in
addition to any other criminal | or administrative sanction, a mandatory minimum
term of either | 10 days of imprisonment or 480 hours of community service shall
| be imposed.
| (b-5) The imprisonment or assignment of community service | under subsections
(b-3) and (b-4) shall not be subject to | suspension, nor shall the person be
eligible for a reduced | sentence.
| (c) (Blank).
| (c-1) (1) A person who violates subsection (a)
during
a | period in which his
or her driving privileges are revoked |
| or suspended, where the revocation or
suspension was for a | violation of subsection (a), Section
11-501.1, paragraph | (b)
of Section 11-401, or for reckless homicide as defined | in Section 9-3 of
the Criminal Code of 1961 is guilty of | aggravated driving under the influence of alcohol, other | drug or drugs, intoxicating compound or compounds, or any | combination thereof and is guilty of a
Class 4 felony.
| (2) A person who violates subsection (a) a third
time, | if the third violation occurs during a period in
which his | or her driving privileges are revoked or suspended where | the
revocation
or suspension was for a violation of | subsection (a),
Section 11-501.1, paragraph
(b) of Section | 11-401, or for reckless homicide as defined in Section 9-3
| of the Criminal Code of 1961, is guilty of aggravated | driving under the influence of alcohol, other drug or | drugs, intoxicating compound or compounds, or any | combination thereof and is guilty of
a Class 3 felony. | (2.1) A person who violates subsection (a) a third | time, if the third
violation occurs during a period in | which his or her driving privileges are
revoked or | suspended where the revocation or suspension was for a | violation of
subsection (a), Section 11-501.1, subsection | (b) of Section 11-401, or for
reckless homicide as defined | in Section
9-3 of the Criminal Code of 1961, is guilty of | aggravated driving under the influence of alcohol, other | drug or drugs, intoxicating compound or compounds, or any | combination thereof and is guilty of a Class 3 felony; and | if the
person receives a term of
probation or conditional | discharge, he or she shall be required to serve a
mandatory
| minimum of 10 days of imprisonment or shall be assigned a | mandatory minimum of
480 hours of community service, as may | be determined by the court, as a
condition of the probation | or conditional discharge. This mandatory minimum
term of | imprisonment or assignment of community service shall not | be suspended
or reduced by the court.
| (2.2) A person who violates subsection (a), if the
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| violation occurs during a period in which his or her | driving privileges are
revoked or suspended where the | revocation or suspension was for a violation of
subsection | (a) or Section 11-501.1, is guilty of aggravated driving | under the influence of alcohol, other drug or drugs, | intoxicating compound or compounds, or any combination | thereof and shall also be sentenced to an additional
| mandatory minimum term of 30 consecutive days of | imprisonment, 40 days of
24-hour periodic imprisonment, or | 720 hours of community service, as may be
determined by the | court. This mandatory term of imprisonment or assignment of
| community service shall not be suspended or reduced by the | court.
| (3) A person who violates subsection (a) a fourth or
| subsequent time, if the fourth or subsequent violation | occurs
during a period in which his
or her driving | privileges are revoked or suspended where the revocation
or | suspension was for a violation of subsection (a),
Section | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | homicide as defined in
Section 9-3
of
the Criminal Code of | 1961, is guilty of aggravated driving under the influence | of alcohol, other drug or drugs, intoxicating compound or | compounds, or any combination thereof and is guilty of
a | Class 2 felony, and is not eligible for a sentence of | probation or
conditional discharge.
| (c-2) (Blank).
| (c-3) (Blank).
| (c-4) (Blank).
| (c-5) A person who violates subsection (a), if the person | was transporting
a person under the age of 16 at the time of | the violation, is subject to an
additional mandatory minimum | fine of $1,000, an additional mandatory minimum
140 hours of | community service, which shall include 40 hours of community
| service in a program benefiting children, and an additional 2 | days of
imprisonment. The imprisonment or assignment of | community service under this
subsection (c-5) is not subject to |
| suspension, nor is the person eligible for
a reduced sentence.
| (c-6) Except as provided in subsections (c-7) and (c-8) a | person who
violates
subsection (a) a second time, if at the | time of
the second violation the person was transporting a | person under the age of 16,
is subject to an additional 10 days | of imprisonment, an additional mandatory
minimum fine of | $1,000, and an additional mandatory minimum 140 hours of
| community service, which shall include 40 hours of community | service in a
program benefiting children.
The imprisonment or | assignment of community service under this subsection (c-6)
is | not subject to suspension, nor is the person eligible for a | reduced
sentence.
| (c-7) Except as provided in subsection (c-8), any person | convicted of
violating subsection (c-6) or a similar
provision | within 10 years of a previous violation of subsection (a) or a
| similar provision shall receive, in addition to any other | penalty imposed, a
mandatory minimum 12 days imprisonment, an | additional 40 hours of mandatory
community service in a program | benefiting children, and a mandatory minimum
fine of $1,750. | The imprisonment or assignment of community service under this
| subsection (c-7) is not subject to suspension, nor is the | person
eligible for a reduced sentence.
| (c-8) Any person convicted of violating subsection (c-6) or | a similar
provision within 5 years of a previous violation of | subsection (a) or a similar
provision shall receive, in | addition to any other penalty imposed, an
additional 80 hours | of mandatory community service in a program benefiting
| children, an additional mandatory minimum 12 days of | imprisonment, and a
mandatory minimum fine of $1,750. The | imprisonment or assignment of community
service under this | subsection (c-8) is not subject to suspension, nor
is the
| person eligible for a reduced sentence.
| (c-9) Any person convicted a third time for violating | subsection (a) or a
similar provision, if at the time of the | third violation the person was
transporting a person under the | age of 16, is guilty of a Class 4 felony and shall
receive, in |
| addition to any other
penalty imposed, an additional mandatory | fine of $1,000, an additional
mandatory 140 hours of community | service, which shall include 40 hours in a
program benefiting | children, and a mandatory minimum 30 days of imprisonment.
The | imprisonment or assignment of community service under this | subsection (c-9)
is not subject to suspension, nor is the | person eligible for a reduced
sentence.
| (c-10) Any person convicted of violating subsection (c-9) | or a similar
provision a third time within 20 years of a | previous violation of subsection
(a) or a
similar provision is | guilty of a Class 4 felony and shall receive, in addition
to | any other penalty imposed, an additional mandatory 40 hours of | community
service in a program benefiting children, an | additional mandatory fine of
$3,000
$3000, and a mandatory | minimum 120 days of imprisonment. The imprisonment or
| assignment of community service under this subsection (c-10) is | not subject to
suspension, nor is the person eligible for a | reduced sentence.
| (c-11) Any person convicted a fourth or subsequent time for | violating
subsection (a) or a similar provision, if at the time | of the fourth or
subsequent violation the person was | transporting a person under the age of 16,
and if the person's | 3 prior violations of subsection (a) or a similar provision
| occurred while transporting a person under the age of 16 or | while the alcohol
concentration in his or her blood, breath, or | urine was 0.16 or more based
on the definition of blood, | breath, or urine units in Section 11-501.2, is
guilty of a | Class 2 felony, is not eligible for probation or conditional
| discharge, and is subject to a minimum fine of $3,000.
| (c-12) Any person convicted of a first violation of | subsection (a) or a
similar provision, if the alcohol | concentration in his or her blood, breath, or
urine was 0.16 or | more based on the definition of blood, breath, or urine
units | in Section 11-501.2, shall be subject, in addition to any other | penalty
that may be imposed, to a mandatory minimum of 100 | hours of community service
and a mandatory minimum fine of |
| $500.
| (c-13) Any person convicted of a second violation of | subsection (a) or a similar provision committed within 10 years | of a previous violation of subsection (a) or a similar | provision committed within 10 years of a previous violation of | subsection (a) or a similar provision, if at the time of the | second violation of subsection (a) the
alcohol concentration in | his or her blood, breath, or urine was 0.16 or more
based on | the definition of blood, breath, or urine units in Section | 11-501.2,
shall be
subject, in addition to any other penalty | that may be imposed, to a mandatory
minimum of 2 days of | imprisonment and a mandatory minimum fine of $1,250.
| (c-14) Any person convicted of a third violation of | subsection (a) or a
similar provision within 20 years of a | previous violation of subsection (a) or
a
similar provision, if | at the time of the third violation of subsection (a) or a
| similar provision the alcohol concentration in his or her | blood, breath, or
urine was 0.16 or more based on the | definition of blood, breath, or urine units
in Section | 11-501.2, is guilty of a Class 4 felony and shall be subject, | in
addition to any other penalty that may be imposed, to a | mandatory minimum of
90 days of imprisonment and a mandatory | minimum fine of $2,500.
| (c-15) Any person convicted of a fourth or subsequent | violation of
subsection
(a) or a similar provision, if at the | time of the fourth or subsequent
violation the alcohol | concentration in his or her blood, breath, or urine was
0.16 or | more based on the definition of blood, breath, or urine units | in
Section 11-501.2, and if the person's 3 prior violations of | subsection (a) or a
similar provision occurred while | transporting a person under the age of 16 or
while the alcohol | concentration in his or her blood, breath, or urine was 0.16
or | more based on the definition of blood, breath, or urine units | in Section
11-501.2, is guilty of a Class 2 felony and is not | eligible for a sentence of
probation or conditional discharge | and is subject to a minimum fine of
$2,500.
|
| (d) (1) Every person convicted of committing a violation of | this Section
shall be guilty of aggravated driving under | the influence of alcohol,
other drug or drugs, or | intoxicating compound or compounds, or any combination
| thereof if:
| (A) the person committed a violation of subsection | (a) or a similar
provision for the
third or subsequent | time;
| (B) the person committed a violation of subsection | (a)
while
driving a school bus with persons 18 years of | age or younger
on board;
| (C) the person in committing a violation of | subsection
(a) was
involved in a motor vehicle accident | that resulted in great bodily harm or
permanent | disability or disfigurement to another, when the | violation was
a proximate cause of the injuries;
| (D) the person committed a violation of subsection | (a)
for a
second time and has been previously convicted | of violating Section 9-3 of the
Criminal Code of 1961 | or a similar provision of a law of another state | relating to reckless homicide in which the person was
| determined to have been under the influence of alcohol, | other drug or
drugs, or intoxicating compound or | compounds as an element of the offense or
the person | has previously been convicted
under subparagraph (C) | or subparagraph (F) of this paragraph (1);
| (E) the person, in committing a violation of | subsection (a) while
driving at any speed in a school | speed zone at a time when a speed limit of
20 miles per | hour was in effect under subsection (a) of Section | 11-605 of
this Code, was involved in a motor vehicle | accident that resulted in bodily
harm, other than great | bodily harm or permanent disability or disfigurement,
| to another person, when the violation of subsection (a) | was a
proximate cause
of the bodily harm; or
| (F) the person, in committing a violation of |
| subsection (a), was
involved in a motor vehicle, | snowmobile, all-terrain vehicle, or watercraft
| accident that resulted in
the death of another person, | when the violation of subsection
(a) was
a proximate | cause of the death; .
| (G) the person committed the violation while he or | she did not possess a driver's license or permit or a | restricted driving permit or a judicial driving | permit; or
| (H) the person committed the violation while he or | she knew or should have known that the vehicle he or | she was driving was not covered by a liability | insurance policy.
| (2) Except as provided in this paragraph (2) and in | paragraphs (2), (2.1), and (3) of subsection (c-1), a | person convicted of
aggravated driving under
the
influence | of alcohol, other drug or
drugs,
or intoxicating compound | or compounds, or any
combination thereof is guilty of a | Class 4 felony. For a violation of
subparagraph (C)
of
| paragraph (1) of this subsection (d), the defendant, if | sentenced to a term
of imprisonment, shall be sentenced
to | not less than
one year nor more than 12 years.
Aggravated | driving under the influence of alcohol, other drug or | drugs,
or intoxicating compound or compounds, or any | combination thereof as
defined in subparagraph (F) of | paragraph (1) of this subsection (d) is
a Class 2 felony, | for which the defendant, if sentenced to a term of
| imprisonment, shall be sentenced to: (A) a
term of | imprisonment of not less than 3 years and not more
than 14 | years if the violation resulted in the death of one person; | or
(B) a term of imprisonment of not less than 6 years and | not
more than 28 years if the violation resulted in the | deaths of 2 or more
persons.
For any prosecution under this | subsection
(d), a certified copy of the
driving abstract of | the defendant shall be admitted as proof of any prior
| conviction.
Any person sentenced under this subsection (d) |
| who receives a term of
probation
or conditional discharge | must serve a minimum term of either 480 hours of
community | service or 10 days of imprisonment as a condition of the | probation or
conditional discharge. This mandatory minimum | term of imprisonment or
assignment of community service may | not be suspended or reduced by the court.
| (e) After a finding of guilt and prior to any final | sentencing, or an
order for supervision, for an offense based | upon an arrest for a
violation of this Section or a similar | provision of a local ordinance,
individuals shall be required | to undergo a professional evaluation to
determine if an | alcohol, drug, or intoxicating compound abuse problem exists
| and the
extent of the problem, and undergo the imposition of | treatment as appropriate.
Programs conducting these | evaluations shall be
licensed by the Department of Human | Services. The cost of any professional
evaluation shall be paid | for by the
individual
required to undergo the professional | evaluation.
| (e-1) Any person who is found guilty of or pleads guilty to | violating this
Section, including any person receiving a | disposition of court supervision for
violating this Section, | may be required by the Court to attend a victim
impact panel | offered by, or under contract with, a County State's Attorney's
| office, a probation and court services department, Mothers | Against Drunk
Driving,
or the Alliance Against Intoxicated | Motorists.
All costs generated by
the victim impact panel shall | be paid from fees collected from the
offender or as may be | determined by the court.
| (f) Every person found guilty of violating this Section, | whose
operation of a motor vehicle while in violation of this | Section proximately
caused any incident resulting in an | appropriate emergency response, shall
be liable for the expense | of an emergency response as provided under
Section 5-5-3 of the | Unified Code of Corrections.
| (g) The Secretary of State shall revoke the driving | privileges of any
person convicted under this Section or a |
| similar provision of a local
ordinance.
| (h) (Blank).
| (i) The Secretary of State shall require the use of | ignition interlock
devices on all vehicles owned by an | individual who has been convicted of a
second
or subsequent | offense of this Section or a similar provision of a local
| ordinance. The Secretary shall establish by rule and regulation | the procedures
for certification and use of the interlock | system.
| (j) In addition to any other penalties and liabilities, a | person who is
found guilty of or pleads guilty to violating | subsection (a), including any
person placed on court | supervision for violating subsection (a), shall be fined
$500, | payable to the
circuit clerk, who shall distribute the money as | follows: 20% to the law enforcement agency
that made the arrest | and 80% shall be forwarded to the State Treasurer for deposit | into the General Revenue Fund. If the person has been | previously convicted of violating
subsection (a) or a similar | provision of a local
ordinance, the fine shall be
$1,000. In | the event that more than one agency is responsible
for the | arrest, the amount payable to law enforcement agencies shall be | shared equally. Any moneys received
by a law
enforcement agency | under this subsection (j) shall be used to purchase law
| enforcement equipment that will assist in the prevention of | alcohol related
criminal violence throughout the State. This | shall include, but is not limited
to, in-car video cameras, | radar and laser speed detection devices, and alcohol
breath | testers.
Any moneys received by the Department of State Police | under this subsection
(j) shall be deposited into the State | Police DUI Fund and shall be used to
purchase law enforcement | equipment that will assist in the prevention of
alcohol related | criminal violence throughout the State.
| (k) The Secretary of State Police DUI Fund is created as a | special
fund in the State treasury. All moneys received by the | Secretary of State
Police under subsection (j) of this Section | shall be deposited into the
Secretary of State Police DUI Fund |
| and, subject to appropriation, shall be
used to purchase law | enforcement equipment to assist in the prevention of
alcohol | related criminal violence throughout the State.
| (l) Whenever an individual is sentenced for an offense | based upon an
arrest for a violation of subsection (a) or a | similar provision of a local
ordinance, and the professional | evaluation recommends remedial or
rehabilitative treatment or | education, neither the treatment nor the education
shall be the | sole disposition and either or both may be imposed only in
| conjunction with another disposition. The court shall monitor | compliance with
any remedial education or treatment | recommendations contained in the
professional evaluation. | Programs conducting alcohol or other drug evaluation
or | remedial education must be licensed by the Department of Human | Services. If
the individual is not a resident of Illinois, | however, the court may accept an
alcohol or other drug | evaluation or remedial education program in the
individual's | state of residence. Programs providing treatment must be | licensed
under existing applicable alcoholism and drug | treatment licensure standards.
| (m) In addition to any other fine or penalty required by | law, an individual
convicted of a violation of subsection (a), | Section 5-7 of the Snowmobile
Registration and Safety Act, | Section 5-16 of the Boat Registration and Safety
Act, or a | similar provision, whose operation of a motor vehicle, | snowmobile, or
watercraft while in
violation of subsection (a), | Section 5-7 of the Snowmobile Registration and
Safety Act, | Section 5-16 of the Boat Registration and Safety Act, or a | similar
provision proximately caused an incident resulting in | an appropriate emergency
response, shall be required to make | restitution to a public agency for the
costs of that emergency | response. The restitution may not exceed $1,000 per
public | agency for each emergency response. As used in this subsection | (m),
"emergency response" means any incident requiring a | response by a police
officer, a firefighter carried on the | rolls of a regularly constituted fire
department, or an |
| ambulance.
| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, | eff. 1-1-05; 93-840, eff. 7-30-04; revised 1-13-05.)
| 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; (e)
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), or (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. 92-57, eff. 1-1-02; 92-688, eff. 7-16-02; 93-187, | eff.
7-11-03.)
|
Effective Date: 1/1/2006
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