Illinois General Assembly - Full Text of Public Act 096-1289
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Public Act 096-1289


 

Public Act 1289 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1289
 
SB3029 EnrolledLRB096 17084 RLC 32406 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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, 16-1 if
the theft is of precious metal or of scrap metal, 18-2, 19-1,
19-2, 19-3, 20-1, 20-2, 29D-15.2, 24-1.2, 24-1.2-5, 24-1.5, or
28-1, or 29D-15.2 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) (1) driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code during a
period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof,
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; (2) driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof and has been previously convicted of
reckless homicide 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 of committing a violation of driving under the
influence of alcohol or other drug or drugs, intoxicating
compound or compounds or any combination thereof and was
involved in a motor vehicle accident that resulted in death,
great bodily harm, or permanent disability or disfigurement to
another, when the violation was a proximate cause of the death
or injuries; (3) the person committed a violation of driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code or a similar
provision for the third or subsequent time; (4) 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 a monitoring device driving permit;
or (5) 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 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. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised
10-9-09.)

Effective Date: 1/1/2011