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92nd General Assembly

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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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