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| Public Act 096-1289 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 36-1 as follows:
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(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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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
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Illinois Vehicle Code; or (h) an offense described in | ||
subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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may be
seized and delivered forthwith to the sheriff of the | ||
county of seizure.
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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
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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
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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.
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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,
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vehicles and aircraft, and any such equipment shall be deemed a | ||
vessel, vehicle
or aircraft for purposes of this Article.
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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
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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.
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If the spouse of the owner of a vehicle seized for
an | ||
offense described in subsection (g) of Section 6-303 of the
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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.
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Property declared contraband under Section 40 of the | ||
Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||
seized and forfeited under this
Article.
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(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised | ||
10-9-09.)
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