VEH CD-DUI & FORFEITURE Senate SponsorsSen. John J. Cullerton-Ira I. Silverstein and Martin A. Sandoval House Sponsors(Rep. Chapin Rose-Edward J. Acevedo-Elizabeth Hernandez-Cynthia Soto) 8/31/2007SenatePublic Act . . . . . . . . . 95-0578 625 ILCS 5/6-101from Ch. 95 1/2, par. 6-101625 ILCS 5/6-206.2625 ILCS 5/6-303from Ch. 95 1/2, par. 6-303625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501625 ILCS 5/11-501.01 new625 ILCS 5/Chapter 16A heading new625 ILCS 5/16A-1 new625 ILCS 5/16A-5 new625 ILCS 5/16A-10 new625 ILCS 5/16A-15 new625 ILCS 5/16A-20 new625 ILCS 5/16A-25 new625 ILCS 5/16A-30 new625 ILCS 5/16A-35 new625 ILCS 5/16A-40 new625 ILCS 5/16A-45 new625 ILCS 5/16A-50 new720 ILCS 5/36-1from Ch. 38, par. 36-1730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3730 ILCS 5/5-8-7from Ch. 38, par. 1005-8-7Amends the Illinois Vehicle Code and the Criminal Code of 1961. Transfers from the Criminal Code of 1961 to the Illinois Vehicle Code provisions for seizure and forfeiture of the vehicles of certain persons driving without a valid driver's license or permit or without liability insurance or who have committed specified violations while driving under the influence of alcohol, drugs, or intoxicating compounds. Establishes procedure for the forfeiture, including the right to a hearing for persons with a claim to the vehicle. Combines changes made by several Public Acts regarding driving under the influence with various changes concerning organization of the provisions, elements of offenses, penalties, and other matters. Makes corresponding changes in the Unified Code of Corrections.Senate Floor Amendment No. 2 With regard to the seizure of vehicles, provides that any peace officer employed by a law enforcement agency of this State may request the issuance of a warrant authorizing the seizure of any motor vehicle in the same manner as provided for a search warrant. Provides that, if the court determines that there is probable cause to believe that the motor vehicle to be seized is subject to forfeiture, the court shall issue a warrant authorizing the seizure of that motor vehicle. Provides that, if the spouse of the owner of a seized vehicle makes a showing that the seized vehicle is the family's only source of transportation and 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 a properly licensed family member. Provides that only one vehicle may be forfeited to a spouse or other family member. Provides that, if a motor vehicle is forfeited to the State after seizure, the county sheriff shall (rather than may) award the vehicle to the seizing agency or prosecutor for official use, if the agency or prosecutor can prove that the vehicle would be useful for official use. Provides that, if the State's Attorney (rather than the county sheriff or the State's Attorney) agrees to release a motor vehicle to an owner or person whose right, title, or interest is of record, that person must sign a release agreement providing for the automatic forfeiture of the vehicle if the vehicle is driven by a driver with a suspended or revoked license or permit.House Amendment No. 1 Provides that, if a motor vehicle is forfeited to the State after seizure, the county sheriff shall, upon application of the seizing agency or the prosecutor responsible for the investigation, arrest, and prosecution leading to the forfeiture, award the vehicle to the seizing agency or the prosecutor for the agency's or the prosecutor's official use. Deletes language requiring the agency or the prosecutor to demonstrate that the vehicle would be useful to the agency or the prosecutor for official use.House Amendment No. 2 Adds reference to:625 ILCS 5/6-206.1from Ch. 95 1/2, par. 6-206.1Amends the Illinois Vehicle Code if and only if Senate Bill 300 of the 95th General Assembly becomes law and the changes to Section 6-206.1 of the Illinois Vehicle Code in that bill become law in the form in which they appear in House Amendment No. 1 to that bill. Changes a reference from "JDP" to "MDDP". Provides that a court shall not enter the order directing the Secretary of State to issue a monitoring device driving permit if the court finds: the offender's driver's license is otherwise invalid (rather than valid); death or great bodily harm (rather than no death or great bodily harm) resulted from the arrest for DUI; that the offender has (rather than has not) been previously convicted of reckless homicide; or that the offender is (rather than is not) less than 18 years of age. The provisions added by this amendment are effective January 1, 2009.House Amendment No. 3 Deletes reference to:625 ILCS 5/Chapter 16A heading new625 ILCS 5/16A-1 new625 ILCS 5/16A-5 new625 ILCS 5/16A-10 new625 ILCS 5/16A-15 new625 ILCS 5/16A-20 new625 ILCS 5/16A-25 new625 ILCS 5/16A-30 new625 ILCS 5/16A-35 new625 ILCS 5/16A-40 new625 ILCS 5/16A-45 new625 ILCS 5/16A-50 new720 ILCS 5/36-1Deletes everything after the enacting clause. Reinserts the provision of the engrossed bill, as amended, with deletions. Deletes all provisions relating to the forfeiture of vehicles. Provides that the changes to Section 6-206.1 of the Illinois Vehicle Code are effective January 1, 2009. 2/8/2007SenateFiled with Secretary by Sen. John J. Cullerton 2/8/2007SenateFirst Reading 2/8/2007SenateReferred to Rules 2/23/2007SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein 3/7/2007SenateAssigned to Judiciary Criminal Law 3/14/2007SenateDo Pass Judiciary Criminal Law; 006-000-000 3/14/2007SenatePlaced on Calendar Order of 2nd Reading March 15, 2007 3/20/2007SenateSecond Reading 3/20/2007SenatePlaced on Calendar Order of 3rd Reading March 21, 2007 3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007 4/19/2007SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton 4/19/2007SenateSenate Floor Amendment No. 1 Referred to Rules 4/24/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton 4/24/2007SenateSenate Floor Amendment No. 2 Referred to Rules 4/25/2007SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law 4/25/2007SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary Criminal Law 4/26/2007SenateSenate Floor Amendment No. 1 Postponed - Judiciary Criminal Law 4/26/2007SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary Criminal Law; 006-000-000 5/10/2007SenateRecalled to Second Reading 5/10/2007SenateSenate Floor Amendment No. 2 Adopted; Cullerton 5/10/2007SenatePlaced on Calendar Order of 3rd Reading 5/10/2007SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 5/10/2007SenateThird Reading - Passed; 056-000-000 5/10/2007SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 5/14/2007HouseArrived in House 5/14/2007HousePlaced on Calendar Order of First Reading 5/14/2007HouseChief House Sponsor Rep. Chapin Rose 5/15/2007HouseFirst Reading 5/15/2007HouseReferred to Rules Committee 5/18/2007HouseAssigned to Judiciary II - Criminal Law Committee 5/18/2007HouseCommittee Deadline Extended-Rule 9(b) May 25, 2007 5/24/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee 5/24/2007HouseHouse Amendment No. 2 Filed with Clerk by Judiciary II - Criminal Law Committee 5/24/2007HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote 5/24/2007HouseHouse Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote 5/24/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 011-000-000 5/24/2007HousePlaced on Calendar 2nd Reading - Short Debate 5/25/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Chapin Rose 5/25/2007HouseHouse Amendment No. 3 Referred to Rules Committee 5/28/2007HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000 5/29/2007HouseSecond Reading - Short Debate 5/29/2007HouseHouse Amendment No. 3 Adopted by Voice Vote 5/29/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Edward J. Acevedo 5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez 5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Cynthia Soto 5/31/2007HouseThird Reading - Short Debate - Passed 115-000-000 5/31/2007SenateSecretary's Desk - Concurrence House Amendment(s) 01,02,03 5/31/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02,03 - June 1, 2007 5/31/2007SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton 5/31/2007SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 5/31/2007SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. John J. Cullerton 5/31/2007SenateHouse Amendment No. 2 Motion to Concur Referred to Rules 5/31/2007SenateHouse Amendment No. 3 Motion to Concur Filed with Secretary Sen. John J. Cullerton 5/31/2007SenateHouse Amendment No. 3 Motion to Concur Referred to Rules 6/5/2007SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law 6/5/2007SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Judiciary Criminal Law 6/5/2007SenateHouse Amendment No. 3 Motion to Concur Rules Referred to Judiciary Criminal Law 6/6/2007SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000 6/6/2007SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000 6/6/2007SenateHouse Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000 6/6/2007SenateHouse Amendment No. 1 Senate Concurs 053-000-000 6/6/2007SenateHouse Amendment No. 2 Senate Concurs 053-000-000 6/6/2007SenateHouse Amendment No. 3 Senate Concurs 053-000-000 6/6/2007SenatePassed Both Houses 7/5/2007SenateSent to the Governor 8/31/2007SenateGovernor Approved 8/31/2007SenateEffective Date June 1, 2008; Generally Effective 8/31/2007SenateEffective Date January 1, 2009; Some Parts 8/31/2007SenatePublic Act . . . . . . . . . 95-0578