State of Illinois
91st General Assembly
Legislation

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91_HB4148

 
                                               LRB9111678RCpk

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 36-1.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Section 36-1 as follows:

 7        (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
 8        Sec.  36-1.   Seizure.   Any  vessel, vehicle or aircraft
 9    used with the knowledge and  consent  of  the  owner  in  the
10    commission  of,  or  in  the  attempt to commit as defined in
11    Section 8-4 of  this  Code,  an  offense  prohibited  by  (a)
12    Section  9-1,  9-3,  10-2,  11-6,  11-15.1, 11-19.1, 11-19.2,
13    11-20.1, 12-4.1, 12-4.2, 12-4.2-5,  12-4.3,  12-4.6,  12-7.3,
14    12-7.4,  12-13,  12-14,  18-2,  19-1, 19-2, 19-3, 20-1, 20-2,
15    20.5-6, 24-1.2, 24-1.2-5, 24-1.5, or 28-1 of  this  Code,  or
16    paragraph  (a) of Section 12-4 of this Code, or paragraph (a)
17    of Section 12-15 or paragraphs (a), (c)  or  (d)  of  Section
18    12-16  of this Code, or paragraph (a)(6) or (a)(7) of Section
19    24-1 of this Code; (b) Section 21, 22, 23, 24 or  26  of  the
20    Cigarette Tax Act if the vessel, vehicle or aircraft contains
21    more  than  10 cartons of such cigarettes; (c) Section 28, 29
22    or 30 of the Cigarette Use Tax Act if the vessel, vehicle  or
23    aircraft  contains  more  than 10 cartons of such cigarettes;
24    (d) Section 44  of  the  Environmental  Protection  Act;  (e)
25    11-204.1  of  the  Illinois Vehicle Code; or (f) the offenses
26    described in the following provisions of the Illinois Vehicle
27    Code:  Section  11-501   subdivisions   (c-1)(1),   (c-1)(2),
28    (c-1)(3),   (d)(1)(A),   or  (d)(1)(D);  may  be  seized  and
29    delivered forthwith to the sheriff of the county of seizure.
30        Within 15 days after such delivery the sheriff shall give
31    notice of seizure to each person according to  the  following
 
                            -2-                LRB9111678RCpk
 1    method:  Upon each such person whose right, title or interest
 2    is of record in the office of the  Secretary  of  State,  the
 3    Secretary of Transportation, the Administrator of the Federal
 4    Aviation  Agency,  or  any other Department of this State, or
 5    any other state of the United States if such vessel,  vehicle
 6    or  aircraft is required to be so registered, as the case may
 7    be, by mailing a copy of the notice by certified mail to  the
 8    address  as given upon the records of the Secretary of State,
 9    the Department of Aeronautics, Department of Public Works and
10    Buildings or any other Department of this State or the United
11    States if such vessel, vehicle or aircraft is required to  be
12    so  registered.  Within  that 15 day period the sheriff shall
13    also notify the State's Attorney of  the  county  of  seizure
14    about the seizure.
15        In addition, any mobile or portable equipment used in the
16    commission  of  an act which is in violation of Section 7g of
17    the Metropolitan Water  Reclamation  District  Act  shall  be
18    subject  to  seizure and forfeiture under the same procedures
19    provided in this Article for the seizure  and  forfeiture  of
20    vessels,  vehicles and aircraft, and any such equipment shall
21    be deemed a vessel, vehicle or aircraft for purposes of  this
22    Article.
23        When  a person discharges a firearm at another individual
24    from a vehicle with the knowledge and consent of the owner of
25    the vehicle and with the  intent  to  cause  death  or  great
26    bodily  harm  to that individual and as a result causes death
27    or great bodily harm to that individual, the vehicle shall be
28    subject to seizure and forfeiture under the  same  procedures
29    provided  in  this  Article for the seizure and forfeiture of
30    vehicles used in violations of clauses (a), (b), (c), or  (d)
31    of this Section.
32        If  the  spouse  of  the  owner of a vehicle seized for a
33    violation  of  subdivision  (c-1)(1),   (c-1)(2),   (c-1)(3),
34    (d)(1)(A),  or  (d)(1)(D)  of  Section 11-501 of the Illinois
 
                            -3-                LRB9111678RCpk
 1    Vehicle Code or Section 9-3 of this Code makes a showing that
 2    the seized vehicle is the only source of  transportation  and
 3    it is determined that the financial hardship to the family as
 4    a  result  of  the seizure outweighs the benefit to the State
 5    from the seizure, the vehicle may be forfeited to the  spouse
 6    or  family  member  and  the  title  to  the vehicle shall be
 7    transferred to the spouse or family member  who  is  properly
 8    licensed  and  who  requires  the  use  of  the  vehicle  for
 9    employment  or  family  transportation  purposes.   A written
10    declaration of forfeiture of a  vehicle  under  this  Section
11    shall  be sufficient cause for the title to be transferred to
12    the  spouse  or  family  member.   The  provisions  of   this
13    paragraph shall apply only to one forfeiture per vehicle.  If
14    the  vehicle  is  the  subject  of  a  subsequent  forfeiture
15    proceeding  by  virtue  of  a subsequent conviction of either
16    spouse or the family member, the spouse or family  member  to
17    whom  the  vehicle  was  forfeited under the first forfeiture
18    proceeding may not utilize the provisions of  this  paragraph
19    in  another  forfeiture  proceeding.   If  the  owner  of the
20    vehicle seized owns more than one vehicle, the procedure  set
21    out in this paragraph may be used for only one vehicle.
22    (Source:  P.A.  90-134,  eff.  7-22-97;  90-216, eff. 1-1-98;
23    90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)

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