(720 ILCS 5/36-3)
(from Ch. 38, par. 36-3)
Exceptions to forfeiture.
(a) No vessel, vehicle, or aircraft used by any person as a common
carrier in the transaction of business as such common carrier may be
forfeited under the provisions of Section 36-2 unless it appears that (1)
in the case of a railway car or engine, the owner, or (2) in the case of
any other such vessel, vehicle or aircraft, the owner or the master of such
vessel or the owner or conductor, driver, pilot, or other person in charge
of such vehicle or aircraft was at the time of the alleged illegal act a
consenting party or privy thereto.
(b) No vessel, vehicle, or aircraft shall be forfeited under the
provisions of Section 36-2 by reason of any act or omission established by
the owner thereof to have been committed or omitted by any person other
than such owner while such vessel, vehicle, or aircraft was unlawfully in
the possession of a person who acquired possession thereof in violation of
the criminal laws of the United States, or of any state.
(Source: Laws 1965, p. 2868.)