093_HB2278

 
                                     LRB093 03753 DRH 03787 b

 1        AN ACT in relation to vehicular offenses.

 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 Sections 11-204 and 11-204.1 as follows:

 6        (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
 7        Sec.  11-204.  Fleeing  or  attempting  to  elude  police
 8    officer.
 9        (a)  Any  driver  or  operator  of  a  motor vehicle who,
10    having been given a visual  or  audible  signal  by  a  peace
11    officer  directing  such  driver  or  operator  to  bring his
12    vehicle to a stop, wilfully fails or  refuses  to  obey  such
13    direction,  increases  his speed, extinguishes his lights, or
14    otherwise flees or attempts to elude the officer,  is  guilty
15    of  a Class 4 felony Class A misdemeanor. The signal given by
16    the peace officer may be by hand, voice, siren, red  or  blue
17    light.  Provided,  the officer giving such signal shall be in
18    police uniform, and, if driving a vehicle, such vehicle shall
19    display illuminated oscillating, rotating or flashing red  or
20    blue  lights  which  when used in conjunction with an audible
21    horn or siren would indicate the vehicle to  be  an  official
22    police  vehicle.  Such requirement shall not preclude the use
23    of amber or white oscillating, rotating or flashing lights in
24    conjunction  with  red  or  blue  oscillating,  rotating   or
25    flashing lights as required in Section 12-215 of Chapter 12.
26        (b)  Upon   receiving   notice  of  such  conviction  the
27    Secretary of State shall suspend the drivers license  of  the
28    person  so  convicted  for a period of not more than 6 months
29    for a first conviction and not more  than  12  months  for  a
30    second conviction.
31        (b-1)  The  motor  vehicle used in a second or subsequent
 
                            -2-      LRB093 03753 DRH 03787 b
 1    violation  of  this  Section  is  subject  to   seizure   and
 2    forfeiture  as  provided  in  Sections  36-1  and 36-2 of the
 3    Criminal Code of 1961.
 4        (c)  A third or subsequent violation of this Section is a
 5    Class 3 4 felony.
 6    (Source: P.A. 90-134, eff. 7-22-97.)

 7        (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
 8        Sec. 11-204.1.  Aggravated fleeing or attempt to elude  a
 9    police officer.
10        (a)  The  offense  of aggravated fleeing or attempting to
11    elude a police officer is committed by any driver or operator
12    of a motor vehicle who flees or attempts to  elude  a  police
13    officer,  after  being  given a visual or audible signal by a
14    police officer in the manner prescribed in subsection (a)  of
15    Section  11-204  of  this Code, and such flight or attempt to
16    elude:
17             (1)  is at a rate of speed at  least  21  miles  per
18        hour over the legal speed limit;
19             (2)  causes bodily injury to any individual; or
20             (3) causes damage in excess of $300 to property.
21        (b)  Any  person  convicted  of a first violation of this
22    Section shall be guilty of a Class 3 4 felony.   Upon  notice
23    of  such  a conviction the Secretary of State shall forthwith
24    revoke the driver's license of the person  so  convicted,  as
25    provided  in Section 6-205 of this Code. Any person convicted
26    of a second or subsequent violation of this Section shall  be
27    guilty  of  a  Class  2  3  felony, and upon notice of such a
28    conviction the Secretary of State shall forthwith revoke  the
29    driver's  license  of  the  person  convicted, as provided in
30    Section 6-205 of the Code.
31        (c)  The motor  vehicle  used  in  a  violation  of  this
32    Section  is  subject to seizure and forfeiture as provided in
33    Sections 36-1 and 36-2 of the Criminal Code of 1961.
 
                            -3-      LRB093 03753 DRH 03787 b
 1    (Source: P.A. 90-134, eff. 7-22-97.)

 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, 12-4.1, 12-4.2, 12-4.2-5,  12-4.3,  12-4.6,  12-7.3,
11    12-7.4,  12-13,  12-14,  18-2,  19-1, 19-2, 19-3, 20-1, 20-2,
12    20.5-6, 24-1.2, 24-1.2-5,  24-1.5,  or  28-1  of  this  Code,
13    paragraph  (a) of Section 12-4 of this Code, paragraph (a) of
14    Section 12-15 or paragraphs (a), (c) or (d) of Section  12-16
15    of  this  Code, or paragraph (a)(6) or (a)(7) of Section 24-1
16    of this Code; (b) Section  21,  22,  23,  24  or  26  of  the
17    Cigarette Tax Act if the vessel, vehicle or aircraft contains
18    more  than  10 cartons of such cigarettes; (c) Section 28, 29
19    or 30 of the Cigarette Use Tax Act if the vessel, vehicle  or
20    aircraft  contains  more  than 10 cartons of such cigarettes;
21    (d) Section 44  of  the  Environmental  Protection  Act;  (e)
22    11-204.1  of  the  Illinois  Vehicle  Code;  (f) the offenses
23    described in the following provisions of the Illinois Vehicle
24    Code:  Section  11-501   subdivisions   (c-1)(1),   (c-1)(2),
25    (c-1)(3),   (d)(1)(A),   or  (d)(1)(D);  or  (g)  an  offense
26    described in subsection (g) of Section 6-303 of the  Illinois
27    Vehicle Code; or (h) an offense described in subsection (b-1)
28    of Section 11-204 of the Illinois Vehicle Code; may be seized
29    and  delivered  forthwith  to  the  sheriff  of the county of
30    seizure.
31        Within 15 days after such delivery the sheriff shall give
32    notice of seizure to each person according to  the  following
 
                            -4-      LRB093 03753 DRH 03787 b
 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 an
33    offense described in subsection (g) of Section 6-303  of  the
34    Illinois  Vehicle  Code, a violation of subdivision (c-1)(1),
 
                            -5-      LRB093 03753 DRH 03787 b
 1    (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
 2    of the Illinois Vehicle Code, or Section  9-3  of  this  Code
 3    makes a showing that the seized vehicle is the only source of
 4    transportation  and  it  is  determined  that  the  financial
 5    hardship  to  the family as a result of the seizure outweighs
 6    the benefit to the State from the seizure, the vehicle may be
 7    forfeited to the spouse or family member and the title to the
 8    vehicle shall be transferred to the spouse or  family  member
 9    who  is  properly  licensed  and  who requires the use of the
10    vehicle for employment or family transportation purposes.   A
11    written  declaration  of  forfeiture  of a vehicle under this
12    Section shall  be  sufficient  cause  for  the  title  to  be
13    transferred  to  the spouse or family member.  The provisions
14    of this paragraph shall apply  only  to  one  forfeiture  per
15    vehicle.   If  the  vehicle  is  the  subject of a subsequent
16    forfeiture proceeding by virtue of a subsequent conviction of
17    either spouse or the family  member,  the  spouse  or  family
18    member  to  whom  the  vehicle  was forfeited under the first
19    forfeiture proceeding may not utilize the provisions of  this
20    paragraph  in another forfeiture proceeding.  If the owner of
21    the vehicle seized owns more than one vehicle, the  procedure
22    set out in this paragraph may be used for only one vehicle.
23        Property  declared  contraband  under  Section  40 of the
24    Illinois Streetgang Terrorism Omnibus Prevention Act  may  be
25    seized and forfeited under this Article.
26    (Source:  P.A.  91-876,  eff.  1-1-01;  92-57,  eff.  1-1-02;
27    92-688, eff. 7-16-02.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.