Illinois Compiled Statutes
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CRIMINAL OFFENSES720 ILCS 5/34-3
(720 ILCS 5/) Criminal Code of 2012.
(720 ILCS 5/34-3)
(from Ch. 38, par. 34-3)
provisions; continuation of prior Statutes.
The provisions of Sections 2, 3 and 4 of "An Act to revise the law in
relation to the construction of the Statutes", approved March 5, 1874, as
amended, shall apply in all constructions of this Code.
(Source: Laws 1961, p. 1983.)
720 ILCS 5/34-4
(720 ILCS 5/34-4)
(from Ch. 38, par. 34-4)
This Code shall take effect January 1, 1962.
(Source: Laws 1961, p. 1983.)
720 ILCS 5/Tit. V
(720 ILCS 5/Tit. V heading)
720 ILCS 5/Art. 36
(720 ILCS 5/Art. 36 heading)
SEIZURE AND FORFEITURE
OF VESSELS, VEHICLES AND AIRCRAFT
720 ILCS 5/36-1
(720 ILCS 5/36-1)
(from Ch. 38, par. 36-1)
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,
10-2, 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
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,
24-1.5, 28-1, or 29D-15.2 of this Code, subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
paragraph (a) of Section 12-4 of this Code, paragraph (a) of Section 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), (c), or (d) of Section 11-1.60, 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)
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 or the Criminal Code of 2012; (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; (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;
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 (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
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
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. 1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
720 ILCS 5/36-1.5
(720 ILCS 5/36-1.5)
(a) Within 14 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture.
(b) The rules of evidence shall not apply to any proceeding conducted under this Section.
(c) The court may conduct the review under subsection (a) simultaneously with a proceeding pursuant to Section 109-1 of the Code of Criminal Procedure of 1963 for a related criminal offense if a prosecution is commenced by information or complaint.
(d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information or complaint charging a related criminal offense or following the return of indictment by a grand jury charging the related offense as sufficient evidence of probable cause as required under subsection (a).
(e) Upon making a finding of probable cause as required under this Section, the circuit court shall order the property subject to the provisions of the applicable forfeiture Act held until the conclusion of any forfeiture proceeding.
For seizures of conveyances, within 7 days of a finding of probable cause under subsection (a), the registered owner or other claimant may file a motion in writing supported by sworn affidavits claiming that denial of the use of the conveyance during the pendency of the forfeiture proceedings creates a substantial hardship. The court shall consider the following factors in determining whether a substantial hardship has been proven:
(1) the nature of the claimed hardship;
(2) the availability of public transportation or
other available means of transportation; and
(3) any available alternatives to alleviate the
hardship other than the return of the seized conveyance.
If the court determines that a substantial hardship has been proven, the court shall then balance the nature of the hardship against the State's interest in safeguarding the conveyance. If the court determines that the hardship outweighs the State's interest in safeguarding the conveyance, the court may temporarily release the conveyance to the registered owner or the registered owner's authorized designee, or both, until the conclusion of the forfeiture proceedings or for such shorter period as ordered by the court provided that the person to whom the conveyance is released provides proof of insurance and a valid driver's license and all State and local registrations for operation of the conveyance are current. The court shall place conditions on the conveyance limiting its use to the stated hardship and restricting the conveyance's use to only those individuals authorized to use the conveyance by the registered owner. The court shall revoke the order releasing the conveyance and order that the conveyance be reseized by law enforcement if the conditions of release are violated or if the conveyance is used in the commission of any offense identified in subsection (a) of Section 6-205 of the Illinois Vehicle Code.
If the court orders the release of the conveyance during the pendency of the forfeiture proceedings, the registered owner or his or her authorized designee shall post a cash security with the Clerk of the Court as ordered by the court. The court shall consider the following factors in determining the amount of the cash security:
(A) the full market value of the conveyance;
(B) the nature of the hardship;
(C) the extent and length of the usage of the
(D) such other conditions as the court deems
necessary to safeguard the conveyance.
If the conveyance is released, the court shall order that the registered owner or his or her designee safeguard the conveyance, not remove the conveyance from the jurisdiction, not conceal, destroy, or otherwise dispose of the conveyance, not encumber the conveyance, and not diminish the value of the conveyance in any way. The court shall also make a determination of the full market value of the conveyance prior to it being released based on a source or sources defined in 50 Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
If the conveyance subject to forfeiture is released under this Section and is subsequently forfeited, the person to whom the conveyance was released shall return the conveyance to the law enforcement agency that seized the conveyance within 7 days from the date of the declaration of forfeiture or order of forfeiture. If the conveyance is not returned within 7 days, the cash security shall be forfeited in the same manner as the conveyance subject to forfeiture. If the cash security was less than the full market value, a judgment shall be entered against the parties to whom the conveyance was released and the registered owner, jointly and severally, for the difference between the full market value and the amount of the cash security. If the conveyance is returned in a condition other than the condition in which it was released, the cash security shall be returned to the surety who posted the security minus the amount of the diminished value, and that amount shall be forfeited in the same manner as the conveyance subject to forfeiture. Additionally, the court may enter an order allowing any law enforcement agency in the State of Illinois to seize the conveyance wherever it may be found in the State to satisfy the judgment if the cash security was less than the full market value of the conveyance.
(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)
720 ILCS 5/36-1a
(720 ILCS 5/36-1a)
(from Ch. 38, par. 36-1a)
Rights of lienholders and secured parties.
The State's Attorney shall promptly release a vessel, vehicle or
aircraft seized under the provisions of this Article to any lienholder or
secured party whose right, title or interest is of record as described in
Section 36-1 if such lienholder or secured party shows to the State's
Attorney that his lien or secured interest is bona fide and was created
without actual knowledge that such vessel, vehicle or aircraft was used or
to be used in the commission of the offense charged.
(Source: Laws 1965, p. 2868.)
720 ILCS 5/36-2
(720 ILCS 5/36-2)
(from Ch. 38, par. 36-2)
Action for forfeiture.
(a) The State's Attorney in the county in which such seizure occurs
if he finds that such forfeiture was incurred without willful negligence
or without any intention on the part of the owner of the vessel, vehicle
or aircraft or any person whose right, title or interest is of record as
described in Section 36-1, to violate the law, or finds the existence of
such mitigating circumstances as to justify remission of the forfeiture,
may cause the sheriff to remit the same upon such terms and conditions
as the State's Attorney deems reasonable and just. The State's Attorney
shall exercise his discretion under the foregoing provision of this
Section 36-2(a) promptly after notice is given in accordance with
Section 36-1. If the State's Attorney does not cause the forfeiture to
be remitted he shall forthwith bring an action for forfeiture in the
Circuit Court within whose jurisdiction the seizure and confiscation has
taken place. The State's Attorney shall give notice of the forfeiture
proceeding by mailing a copy of the Complaint in the forfeiture
proceeding to the persons, and upon the manner, set forth in Section
36-1. The owner of the seized vessel, vehicle or aircraft or any person
whose right, title, or interest is of record as described in Section
36-1, may within 20 days after the mailing of such notice file a
verified answer to the Complaint and may appear at the hearing on the
action for forfeiture. The State shall show at such hearing by a
preponderance of the evidence, that such vessel, vehicle or aircraft was
used in the commission of an offense described in Section 36-1. The
owner of such vessel, vehicle or aircraft or any person whose right,
title, or interest is of record as described in Section 36-1, may show
by a preponderance of the evidence that he did not know, and did not
have reason to know, that the vessel, vehicle or aircraft was to be used
in the commission of such an offense or that any of the exceptions set
forth in Section 36-3 are applicable. Unless the State shall make such
showing, the Court shall order such vessel, vehicle or aircraft released
to the owner. Where the State has made such showing, the Court may order
the vessel, vehicle or aircraft destroyed; may order it delivered to
any local, municipal or county law enforcement agency, or the Department
of State Police or the Department of Revenue of
the State of Illinois;
or may order it sold at
(b) A copy of the order shall be filed with the sheriff of the
county in which the seizure occurs and with each Federal or State office
or agency with which such vessel, vehicle or aircraft is required to be
registered. Such order, when filed, constitutes authority for the
issuance of clear title to such vehicle, aircraft, or boat to the
department or agency to whom it is delivered or any purchaser thereof.
The sheriff shall comply promptly with instructions to remit received
from the State's Attorney or Attorney General in accordance with
Sections 36-2(a) or 36-3.
(c) The proceeds of any sale at public auction pursuant to Section
36-2 of this Act, after payment of all liens and deduction of the
reasonable charges and expenses incurred by the sheriff in storing and
selling such vehicle, shall be paid into the general fund of the county
(Source: P.A. 84-25.)