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90_SB0542
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/6-303.1 new
720 ILCS 5/36-1 from Ch. 38, par. 36-1
Amends the Illinois Vehicle Code and the Criminal Code of
1961. Provides that a person convicted for driving while his
or her license was suspended under provisions concerning
suspension of a driver's license of a person under the age of
21 years for driving while under the influence shall serve a
minimum term of imprisonment of 7 consecutive days or 30 days
of community service. Provides for the seizure or impoundment
of a vehicle used in a violation of certain provisions
concerning driving while a license or permit is suspended or
revoked and provides for requirements concerning the seizure
and impoundment. Amends the Criminal Code of 1961 to provide
that a vehicle used in an offense prohibited by certain
provisions concerning involuntary manslaughter and reckless
homicide, driving while a license or permit is suspended or
revoked, and driving while under the influence of alcohol or
drugs may be seized. Effective immediately.
LRB9002622NTsb
LRB9002622NTsb
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 6-303 and adding Section 6-303.1 as follows:
6 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
7 Sec. 6-303. Driving while driver's license, permit or
8 privilege to operate a motor vehicle is suspended or revoked.
9 (a) Any person who drives or is in actual physical
10 control of a motor vehicle on any highway of this State at a
11 time when such person's driver's license, permit or privilege
12 to do so or the privilege to obtain a driver's license or
13 permit is revoked or suspended as provided by this Code or
14 the law of another state, except as may be specifically
15 allowed by a judicial driving permit, family financial
16 responsibility driving permit, probationary license to drive,
17 or a restricted driving permit issued pursuant to this Code
18 or under the law of another state, shall be guilty of a Class
19 A misdemeanor.
20 (b) The Secretary of State upon receiving a report of
21 the conviction of any violation indicating a person was
22 operating a motor vehicle during the time when said person's
23 driver's license, permit or privilege was suspended by the
24 Secretary, by the appropriate authority of another state, or
25 pursuant to Section 11-501.1; except as may be specifically
26 allowed by a probationary license to drive, judicial driving
27 permit or restricted driving permit issued pursuant to this
28 Code or the law of another state; shall extend the suspension
29 for the same period of time as the originally imposed
30 suspension; however, if the period of suspension has then
31 expired, the Secretary shall be authorized to suspend said
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1 person's driving privileges for the same period of time as
2 the originally imposed suspension; and if the conviction was
3 upon a charge which indicated that a vehicle was operated
4 during the time when the person's driver's license, permit or
5 privilege was revoked; except as may be allowed by a
6 restricted driving permit issued pursuant to this Code or the
7 law of another state; the Secretary shall not issue a
8 driver's license for an additional period of one year from
9 the date of such conviction indicating such person was
10 operating a vehicle during such period of revocation.
11 (c) Any person convicted of violating this Section shall
12 serve a minimum term of imprisonment of 7 consecutive days or
13 30 days of community service when the person's driving
14 privilege was revoked or suspended as a result of:
15 (1) a violation of Section 11-501 of this Code or a
16 similar provision of a local ordinance relating to the
17 offense of operating or being in physical control of a
18 vehicle while under the influence of alcohol, any other
19 drug or any combination thereof; or
20 (2) a violation of paragraph (b) of Section 11-401
21 of this Code or a similar provision of a local ordinance
22 relating to the offense of leaving the scene of a motor
23 vehicle accident involving personal injury or death; or
24 (3) a violation of Section 9-3 of the Criminal Code
25 of 1961, as amended, relating to the offense of reckless
26 homicide; or
27 (4) a statutory summary suspension under Section
28 11-501.1 or a suspension under Section 11-501.8 of this
29 Code.
30 Such sentence of imprisonment or community service shall
31 not be subject to suspension in order to reduce such
32 sentence.
33 (d) Any person convicted of a second or subsequent
34 violation of this Section shall be guilty of a Class 4 felony
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1 if the original revocation or suspension was for a violation
2 of Section 11-401 or 11-501 of this Code, or a similar
3 out-of-state offense, or a similar provision of a local
4 ordinance, a violation of Section 9-3 of the Criminal Code of
5 1961, relating to the offense of reckless homicide, or a
6 similar out-of-state offense, or a statutory summary
7 suspension under Section 11-501.1 of this Code.
8 (e) Any person in violation of this Section who is also
9 in violation of Section 7-601 of this Code relating to
10 mandatory insurance requirements, in addition to other
11 penalties imposed under this Section, shall have his or her
12 motor vehicle immediately impounded by the arresting law
13 enforcement officer. The motor vehicle may be released to
14 any licensed driver upon a showing of proof of insurance for
15 the vehicle that was impounded and the notarized written
16 consent for the release by the vehicle owner.
17 (Source: P.A. 88-383; 88-680, eff. 1-1-95; 89-8, eff.
18 3-21-95; 89-92, eff. 7-1-96; 89-159, eff. 1-1-96; 89-626,
19 eff. 8-9-96.)
20 (625 ILCS 5/6-303.1 new)
21 Sec. 6-303.1. Seizure and impoundment of vehicle.
22 (a) As used in this Section:
23 "Governmental entity" means a municipal, county or
24 state governmental entity or other unit of local
25 government whose law enforcement agency caused a vehicle
26 to be impounded under this Section.
27 "Hearing officer" means either a judge of the
28 circuit court or a hearing officer of the Office of the
29 Secretary of State, located in the jurisdiction where an
30 impoundment took place under this Section.
31 "Owner of record" or "record owner" of a vehicle
32 means the record title holder at the time of an arrest
33 for a violation of subsection (c) of this Section.
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1 (b) Upon arresting a person for a violation of Section
2 6-303, if the arresting law enforcement officer determines
3 that the person's driving privilege was revoked or suspended
4 or restricted under the authority of a restricted driving
5 permit or judicial driving permit for any of the reasons
6 listed in subdivisions (1) through (4) of subsection (c) of
7 Section 6-303, that officer may provide for the immediate
8 towing of the motor vehicle that the person is driving, or
9 otherwise in physical control of, at the time of arrest, to a
10 facility controlled by the governmental entity or its agent.
11 Except as otherwise provided in this Section, the owner of
12 record of the vehicle shall be liable to the governmental
13 entity for a penalty of $500 in addition to fees for the
14 towing and storage of the vehicle.
15 (c) Before or at the time the vehicle subject to seizure
16 and impoundment under this Section is towed, the law
17 enforcement officer shall notify any person identifying
18 himself or herself as the owner of the vehicle or the person
19 who is found to be driving or otherwise in physical control
20 of the vehicle at the time of the alleged violation, of the
21 fact of the seizure and of the vehicle owner's right to
22 request a preliminary hearing to be conducted under this
23 Section.
24 (d) A hearing officer shall conduct a preliminary
25 hearing within 24 hours after the seizure, excluding Sundays
26 and legal holidays, if the owner of a vehicle seized under
27 this Section has made a written request for a preliminary
28 hearing within 12 hours after the seizure, unless the
29 impounding law enforcement agency determines that it must
30 retain custody of the vehicle under applicable state or
31 federal forfeiture law. All interested persons shall be
32 given a reasonable opportunity to be heard at the preliminary
33 hearing. The formal rules of evidence shall not apply at the
34 hearing, and hearsay evidence is admissible. If, after the
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1 hearing, the hearing officer determines that there is
2 probable cause to believe that the vehicle was used when the
3 person's driving privilege was revoked or suspended or
4 restricted under the authority of a restricted driving permit
5 or judicial driving permit for any of the reasons listed in
6 subdivisions (1) through (4) of subsection (c) of Section
7 6-303 and that none of the exceptions to liability set forth
8 in this Section is applicable, the hearing officer shall
9 order the continued impoundment of the vehicle as provided in
10 this Section unless the owner of the vehicle posts with the
11 governmental entity a cash bond in the amount of $500 plus
12 the accumulated costs of towing and storing. If the hearing
13 officer determines that there is no probable cause or that an
14 exception to liability set forth in this Section is
15 applicable, the hearing officer shall order the vehicle
16 returned to the owner, or to any licensed driver showing the
17 notarized written consent for the release by the owner,
18 without penalty or other fees.
19 (e) Within 10 days after a vehicle is seized and
20 impounded under this Section, the governmental entity shall
21 notify by certified mail, return receipt requested, the owner
22 of record of the date, time, and location of a hearing that
23 will be conducted pursuant to this Section. The hearing
24 shall be scheduled and held, unless continued by order of the
25 hearing officer, no later than 30 days after the vehicle was
26 seized. All interested persons shall be given a reasonable
27 opportunity to be heard at the hearing. If, after the
28 hearing, the hearing officer determines by a preponderance of
29 evidence that the vehicle was used when the person's driving
30 privilege was revoked or suspended or restricted under the
31 authority of a restricted driving permit or judicial driving
32 permit for any of the reasons listed in subdivisions (1)
33 through (4) of subsection (c) of Section 6-303 and that none
34 of the exceptions to liability set forth in this Section is
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1 applicable, the hearing officer shall enter an order finding
2 the owner of record of the vehicle civilly liable to the
3 governmental entity for a penalty in the amount of $500, plus
4 towing and storage costs. If the owner of record fails to
5 appear at the hearing, the hearing officer shall enter a
6 default order in favor of the governmental entity requiring
7 the payment to the governmental entity in the amount of $500,
8 plus towing and storage costs. If the hearing officer finds
9 that no such violation occurred or that an exception to
10 liability set forth in this Section is applicable, the
11 hearing officer shall order (i) the immediate return of any
12 cash bond posted, or (ii) where the vehicle is in the
13 governmental entity's possession, the return of the vehicle
14 to the owner, or to any licensed driver showing the notarized
15 written consent for the release by the owner, except that no
16 vehicle shall be returned to the owner of record or his or
17 her agent unless and until the governmental entity receives
18 notice from the appropriate state or, where applicable,
19 federal officials that (i) forfeiture proceedings will not be
20 instituted or (ii) forfeiture proceedings have concluded and
21 there is a settlement or a court order providing that the
22 vehicle shall be returned to the owner of record or his or
23 her agent.
24 (f) The following shall constitute exceptions to
25 liability for purposes of this Section:
26 (1) the vehicle used in the violation was stolen
27 from the owner at the time of arrest and the theft was
28 reported to the appropriate police authorities within 24
29 hours after the theft was discovered or reasonably should
30 have been discovered; or
31 (2) the vehicle used in the violation was subject
32 to bailment and was being driven at the time of arrest by
33 an employee of a business establishment, including a
34 parking service or repair garage, and the employee was
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1 not the vehicle's owner.
2 (g) If a penalty is imposed under this Section, the
3 penalty shall constitute a debt due and owing to the
4 governmental entity. The record owner's obligation to pay
5 the debt to the governmental entity shall be independent of
6 the governmental entity's return of any impounded vehicle.
7 If a cash bond has been posted under this Section, the bond
8 shall be applied to the penalty. If a vehicle has been
9 impounded when such a penalty is imposed, the governmental
10 entity may seek to obtain a judgment on the debt and enforce
11 the judgment against the vehicle as provided by law. Except
12 as otherwise provided in this Section, a vehicle shall
13 continue to be impounded until:
14 (1) the penalty, plus any applicable towing and
15 storage fees, is paid to the governmental entity, in
16 which case the impounded vehicle shall be returned to the
17 record owner, or other person who is legally entitled to
18 possess the vehicle; or
19 (2) the vehicle is sold or otherwise disposed of to
20 satisfy a judgment or enforce a lien as provided by law.
21 Notwithstanding any other provision of this Section,
22 no vehicle shall be returned to the owner of record or
23 his or her agent unless and until the governmental entity
24 has received notice from the appropriate state or, where
25 applicable, federal officials that (i) forfeiture
26 proceedings will not be instituted or (ii) forfeiture
27 proceedings have concluded and there is a settlement or a
28 court order providing that the vehicle shall be returned
29 to the owner of record or his or her agent.
30 (h) Any motor vehicle that is not reclaimed within 30
31 days after the expiration of the time during which the owner
32 of record may seek judicial review of the governmental
33 entity's action under this Section, or the time at which a
34 final judgment is rendered in favor of the governmental
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1 entity, or the time a final judgment is rendered against an
2 owner of record who is in default by failing to appear at the
3 hearing, may be disposed of as an unclaimed vehicle as
4 provided by law; provided, however, that where proceedings
5 have been instituted under state or federal forfeiture laws,
6 the subject vehicle may not be disposed of by the
7 governmental entity except as consistent with those
8 proceedings. When the vehicle is sold by the governmental
9 entity and the proceeds from the sale are greater than the
10 amount due the governmental entity in penalty and towing and
11 storage costs, then the owner of record may obtain those net
12 proceeds by filing a claim with the governmental entity.
13 (i) Except as otherwise specifically provided by law, no
14 owner, lienholder, or other person shall be legally entitled
15 to take possession of a vehicle impounded under this Section
16 until the civil penalty and fees applicable under this
17 Section have been paid. However, whenever a person with a
18 lien of record against a vehicle impounded under this Section
19 has commenced foreclosure proceedings, possession of the
20 vehicle shall be given to that person if he or she agrees in
21 writing to refund to the governmental entity the amount of
22 the net proceeds of any foreclosure sale, less any amounts
23 required to pay all lienholders of record, up to $500 plus
24 the applicable fees.
25 (j) Fees for towing and storage of a vehicle under this
26 Section shall be the same as those customarily charged by the
27 governmental entity or its agent.
28 (k) A governmental entity acting pursuant to this
29 Section may by statute, ordinance, or local rule designate as
30 hearing officer either the circuit court, or the Office of
31 the Secretary of State, located in the jurisdiction where the
32 vehicle was impounded.
33 (l) A governmental entity shall only release a vehicle
34 under this Section to a person presenting a valid driver's
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1 license, permit, or privilege to operate a motor vehicle.
2 Section 10. The Criminal Code of 1961 is amended by
3 changing Section 36-1 as follows:
4 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
5 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
6 used with the knowledge and consent of the owner in the
7 commission of, or in the attempt to commit as defined in
8 Section 8-4 of this Code, an offense prohibited by (a)
9 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
10 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
11 19-3, 20-1, 20-2, 24-1.2 or 28-1 of this Code, or paragraph
12 (a) of Section 12-15 or paragraphs (a), (c) or (d) of Section
13 12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
14 Cigarette Tax Act if the vessel, vehicle or aircraft contains
15 more than 10 cartons of such cigarettes; (c) Section 28, 29
16 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
17 aircraft contains more than 10 cartons of such cigarettes; or
18 (d) Section 44 of the Environmental Protection Act; (e)
19 paragraph (1), (2), or (4) of subsection (c) of Section 6-303
20 of the Illinois Vehicle Code when the offense is a second or
21 subsequent violation; or (f) subdivision (A), (C), or (D) of
22 paragraph (1) of subsection (d) of Section 11-501 of the
23 Illinois Vehicle Code may be seized and delivered forthwith
24 to the sheriff of the county of seizure.
25 Within 15 days after such delivery the sheriff shall give
26 notice of seizure to each person according to the following
27 method: Upon each such person whose right, title or interest
28 is of record in the office of the Secretary of State, the
29 Secretary of Transportation, the Administrator of the Federal
30 Aviation Agency, or any other Department of this State, or
31 any other state of the United States if such vessel, vehicle
32 or aircraft is required to be so registered, as the case may
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1 be, by mailing a copy of the notice by certified mail to the
2 address as given upon the records of the Secretary of State,
3 the Department of Aeronautics, Department of Public Works and
4 Buildings or any other Department of this State or the United
5 States if such vessel, vehicle or aircraft is required to be
6 so registered. Within that 15 day period the sheriff shall
7 also notify the State's Attorney of the county of seizure
8 about the seizure.
9 In addition, any mobile or portable equipment used in the
10 commission of an act which is in violation of Section 7g of
11 the Metropolitan Water Reclamation District Act shall be
12 subject to seizure and forfeiture under the same procedures
13 provided in this Article for the seizure and forfeiture of
14 vessels, vehicles and aircraft, and any such equipment shall
15 be deemed a vessel, vehicle or aircraft for purposes of this
16 Article.
17 When a person discharges a firearm at another individual
18 from a vehicle with the knowledge and consent of the owner of
19 the vehicle and with the intent to cause death or great
20 bodily harm to that individual and as a result causes death
21 or great bodily harm to that individual, the vehicle shall be
22 subject to seizure and forfeiture under the same procedures
23 provided in this Article for the seizure and forfeiture of
24 vehicles used in violations of clauses (a), (b), (c), or (d)
25 of this Section.
26 (Source: P.A. 88-669, eff. 11-29-94; 88-670, eff. 12-2-94;
27 88-679, eff. 7-1-95.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.