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Public Act 92-0057
HB2314 Enrolled LRB9204666RCmg
AN ACT in relation to 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, 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, or 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; or (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); 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 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. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 91-876, eff.
1-1-01.)
Passed in the General Assembly April 24, 2001.
Approved July 12, 2001.
Effective January 01, 2002.
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