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90_HB3741
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
720 ILCS 5/36-1 from Ch. 38, par. 36-1
720 ILCS 5/36-2 from Ch. 38, par. 36-2
Amends the Vehicle Code and the Criminal Code to permit
seizure and forfeiture of the vehicle of a person who is
convicted of a violation of driving with a suspended or
revoked license that was suspended or revoked due to a DUI
violation. Provides that proceeds from the sale of the
vehicle be deposited into the Common School Fund.
LRB9009428OBpk
LRB9009428OBpk
1 AN ACT relating to the forfeiture of motor vehicles,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-303 as follows:
7 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
8 Sec. 6-303. Driving while driver's license, permit or
9 privilege to operate a motor vehicle is suspended or revoked.
10 (a) Any person who drives or is in actual physical
11 control of a motor vehicle on any highway of this State at a
12 time when such person's driver's license, permit or privilege
13 to do so or the privilege to obtain a driver's license or
14 permit is revoked or suspended as provided by this Code or
15 the law of another state, except as may be specifically
16 allowed by a judicial driving permit, family financial
17 responsibility driving permit, probationary license to drive,
18 or a restricted driving permit issued pursuant to this Code
19 or under the law of another state, shall be guilty of a Class
20 A misdemeanor.
21 (b) The Secretary of State upon receiving a report of
22 the conviction of any violation indicating a person was
23 operating a motor vehicle during the time when said person's
24 driver's license, permit or privilege was suspended by the
25 Secretary, by the appropriate authority of another state, or
26 pursuant to Section 11-501.1; except as may be specifically
27 allowed by a probationary license to drive, judicial driving
28 permit or restricted driving permit issued pursuant to this
29 Code or the law of another state; shall extend the suspension
30 for the same period of time as the originally imposed
31 suspension; however, if the period of suspension has then
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1 expired, the Secretary shall be authorized to suspend said
2 person's driving privileges for the same period of time as
3 the originally imposed suspension; and if the conviction was
4 upon a charge which indicated that a vehicle was operated
5 during the time when the person's driver's license, permit or
6 privilege was revoked; except as may be allowed by a
7 restricted driving permit issued pursuant to this Code or the
8 law of another state; the Secretary shall not issue a
9 driver's license for an additional period of one year from
10 the date of such conviction indicating such person was
11 operating a vehicle during such period of revocation.
12 (c) Any person convicted of violating this Section shall
13 serve a minimum term of imprisonment of 7 consecutive days or
14 30 days of community service when the person's driving
15 privilege was revoked or suspended as a result of:
16 (1) a violation of Section 11-501 of this Code or a
17 similar provision of a local ordinance relating to the
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, any other
20 drug or any combination thereof; or
21 (2) a violation of paragraph (b) of Section 11-401
22 of this Code or a similar provision of a local ordinance
23 relating to the offense of leaving the scene of a motor
24 vehicle accident involving personal injury or death; or
25 (3) a violation of Section 9-3 of the Criminal Code
26 of 1961, as amended, relating to the offense of reckless
27 homicide; or
28 (4) a statutory summary suspension under Section
29 11-501.1 of this Code.
30 Such sentence of imprisonment or community service shall
31 not be subject to suspension in order to reduce such
32 sentence.
33 (c-5) The motor vehicle of any person violating
34 subdivision (c)(1) of this Section is subject to seizure and
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1 forfeiture under Article 36 of the Criminal Code of 1961.
2 (d) Any person convicted of a second or subsequent
3 violation of this Section shall be guilty of a Class 4 felony
4 if the original revocation or suspension was for a violation
5 of Section 11-401 or 11-501 of this Code, or a similar
6 out-of-state offense, or a similar provision of a local
7 ordinance, a violation of Section 9-3 of the Criminal Code of
8 1961, relating to the offense of reckless homicide, or a
9 similar out-of-state offense, or a statutory summary
10 suspension under Section 11-501.1 of this Code. For any
11 prosecution under this Section, a certified copy of the
12 driving abstract of the defendant shall be admitted as proof
13 of any prior conviction.
14 (e) Any person in violation of this Section who is also
15 in violation of Section 7-601 of this Code relating to
16 mandatory insurance requirements, in addition to other
17 penalties imposed under this Section, shall have his or her
18 motor vehicle immediately impounded by the arresting law
19 enforcement officer. The motor vehicle may be released to
20 any licensed driver upon a showing of proof of insurance for
21 the vehicle that was impounded and the notarized written
22 consent for the release by the vehicle owner.
23 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
24 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
25 Section 10. The Criminal Code of 1961 is amended by
26 changing Sections 36-1 and 36-2 as follows:
27 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
28 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
29 used with the knowledge and consent of the owner in the
30 commission of, or in the attempt to commit as defined in
31 Section 8-4 of this Code, an offense prohibited by (a)
32 Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
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1 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
2 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a)
3 of Section 12-15 or paragraphs (a), (c) or (d) of Section
4 12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
5 Cigarette Tax Act if the vessel, vehicle or aircraft contains
6 more than 10 cartons of such cigarettes; (c) Section 28, 29
7 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
8 aircraft contains more than 10 cartons of such cigarettes;
9 (d) Section 44 of the Environmental Protection Act; or (e)
10 Section 11-204.1 of the Illinois Vehicle Code; or (f) an
11 offense described in subdivision (c)(1) of Section 6-303 of
12 the Illinois Vehicle Code; may be seized and delivered
13 forthwith to the sheriff of the county of seizure.
14 Within 15 days after such delivery the sheriff shall give
15 notice of seizure to each person according to the following
16 method: Upon each such person whose right, title or interest
17 is of record in the office of the Secretary of State, the
18 Secretary of Transportation, the Administrator of the Federal
19 Aviation Agency, or any other Department of this State, or
20 any other state of the United States if such vessel, vehicle
21 or aircraft is required to be so registered, as the case may
22 be, by mailing a copy of the notice by certified mail to the
23 address as given upon the records of the Secretary of State,
24 the Department of Aeronautics, Department of Public Works and
25 Buildings or any other Department of this State or the United
26 States if such vessel, vehicle or aircraft is required to be
27 so registered. Within that 15 day period the sheriff shall
28 also notify the State's Attorney of the county of seizure
29 about the seizure.
30 In addition, any mobile or portable equipment used in the
31 commission of an act which is in violation of Section 7g of
32 the Metropolitan Water Reclamation District Act shall be
33 subject to seizure and forfeiture under the same procedures
34 provided in this Article for the seizure and forfeiture of
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1 vessels, vehicles and aircraft, and any such equipment shall
2 be deemed a vessel, vehicle or aircraft for purposes of this
3 Article.
4 When a person discharges a firearm at another individual
5 from a vehicle with the knowledge and consent of the owner of
6 the vehicle and with the intent to cause death or great
7 bodily harm to that individual and as a result causes death
8 or great bodily harm to that individual, the vehicle shall be
9 subject to seizure and forfeiture under the same procedures
10 provided in this Article for the seizure and forfeiture of
11 vehicles used in violations of clauses (a), (b), (c), or (d)
12 of this Section.
13 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
14 revised 10-15-97.)
15 (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
16 Sec. 36-2. Action for forfeiture. (a) The State's
17 Attorney in the county in which such seizure occurs if he
18 finds that such forfeiture was incurred without willful
19 negligence or without any intention on the part of the owner
20 of the vessel, vehicle or aircraft or any person whose right,
21 title or interest is of record as described in Section 36-1,
22 to violate the law, or finds the existence of such mitigating
23 circumstances as to justify remission of the forfeiture, may
24 cause the sheriff to remit the same upon such terms and
25 conditions as the State's Attorney deems reasonable and just.
26 The State's Attorney shall exercise his discretion under the
27 foregoing provision of this Section 36-2(a) promptly after
28 notice is given in accordance with Section 36-1. If the
29 State's Attorney does not cause the forfeiture to be remitted
30 he shall forthwith bring an action for forfeiture in the
31 Circuit Court within whose jurisdiction the seizure and
32 confiscation has taken place. The State's Attorney shall give
33 notice of the forfeiture proceeding by mailing a copy of the
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1 Complaint in the forfeiture proceeding to the persons, and
2 upon the manner, set forth in Section 36-1. The owner of the
3 seized vessel, vehicle or aircraft or any person whose right,
4 title, or interest is of record as described in Section 36-1,
5 may within 20 days after the mailing of such notice file a
6 verified answer to the Complaint and may appear at the
7 hearing on the action for forfeiture. The State shall show at
8 such hearing by a preponderance of the evidence, that such
9 vessel, vehicle or aircraft was used in the commission of an
10 offense described in Section 36-1. The owner of such vessel,
11 vehicle or aircraft or any person whose right, title, or
12 interest is of record as described in Section 36-1, may show
13 by a preponderance of the evidence that he did not know, and
14 did not have reason to know, that the vessel, vehicle or
15 aircraft was to be used in the commission of such an offense
16 or that any of the exceptions set forth in Section 36-3 are
17 applicable. Unless the State shall make such showing, the
18 Court shall order such vessel, vehicle or aircraft released
19 to the owner. Where the State has made such showing, the
20 Court may order the vessel, vehicle or aircraft destroyed;
21 may order it delivered to any local, municipal or county law
22 enforcement agency, or the Department of State Police or the
23 Department of Revenue of the State of Illinois; or may order
24 it sold at public auction.
25 (b) A copy of the order shall be filed with the sheriff
26 of the county in which the seizure occurs and with each
27 Federal or State office or agency with which such vessel,
28 vehicle or aircraft is required to be registered. Such order,
29 when filed, constitutes authority for the issuance of clear
30 title to such vehicle, aircraft, or boat to the department or
31 agency to whom it is delivered or any purchaser thereof. The
32 sheriff shall comply promptly with instructions to remit
33 received from the State's Attorney or Attorney General in
34 accordance with Sections 36-2(a) or 36-3.
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1 (c) Except as provided in subsection (d), the proceeds
2 of any sale at public auction pursuant to Section 36-2 of
3 this Act, after payment of all liens and deduction of the
4 reasonable charges and expenses incurred by the sheriff in
5 storing and selling such vehicle, shall be paid into the
6 general fund of the county of seizure.
7 (d) The proceeds of the sale of a vehicle seized under
8 subsection (c-5) of Section 6-303 of the Illinois Vehicle
9 Code, after payment of all liens and deductions of the
10 reasonable charges and expenses incurred by the sheriff in
11 storing and selling the vehicle, shall be paid into the
12 Common School Fund.
13 (Source: P.A. 84-25.)