Public Act 0313 96TH GENERAL ASSEMBLY
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Public Act 096-0313
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| HB4013 Enrolled |
LRB096 07598 RLC 17694 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 36-1 as follows:
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(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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Sec. 36-1. Seizure. 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,
9-3,
10-2, |
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
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,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, or |
28-1 of this Code,
paragraph (a) of Section 12-4 of this Code,
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paragraph (a) of Section 12-15 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
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cigarettes; (d) Section 44 of the Environmental Protection Act; |
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(e)
11-204.1
of the Illinois Vehicle Code; (f)
the offenses |
described in the
following provisions of the Illinois Vehicle |
Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), |
(c-1)(3),
(d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) |
an offense described in subsection (g) of Section 6-303 of the
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Illinois Vehicle Code; or (h) an offense described in |
subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
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may be
seized and delivered forthwith to the sheriff of the |
county of seizure.
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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
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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
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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.
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In addition, any mobile or portable equipment used in the |
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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,
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vehicles and aircraft, and any such equipment shall be deemed a |
vessel, vehicle
or aircraft for purposes of this Article.
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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
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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.
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If the spouse of the owner of a vehicle seized for
an |
offense described in subsection (g) of Section 6-303 of the
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Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), |
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
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 |
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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.
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Property declared contraband under Section 40 of the |
Illinois Streetgang
Terrorism Omnibus Prevention Act may be |
seized and forfeited under this
Article.
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(Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06; |
94-1017, eff. 7-7-06.)
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