Illinois General Assembly - Full Text of SB0817
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Full Text of SB0817  93rd General Assembly

SB0817 93rd General Assembly


093_SB0817

 
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 1        AN ACT in relation to vehicles.

 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 11-401 as follows:

 6        (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
 7        Sec.  11-401.  Motor vehicle accidents involving death or
 8    personal injuries.
 9        (a) The driver of any vehicle involved in a motor vehicle
10    accident resulting in personal injury  to  or  death  of  any
11    person  shall  immediately  stop such vehicle at the scene of
12    such accident, or as close thereto as possible and shall then
13    forthwith return to, and in every event shall remain  at  the
14    scene  of  the  accident  until  the  requirements of Section
15    11-403 have been fulfilled. Every such  stop  shall  be  made
16    without obstructing traffic more than is necessary.
17        (b)  Any  person who has failed to stop or to comply with
18    the requirements of paragraph (a) shall, as soon as  possible
19    but  in  no case later than one hour after such motor vehicle
20    accident,  or,  if  hospitalized   and   incapacitated   from
21    reporting at any time during such period, as soon as possible
22    but  in  no  case  later than one hour after being discharged
23    from the hospital, report the  place  of  the  accident,  the
24    date,  the  approximate  time, the driver's name and address,
25    the registration number of the vehicle driven, and the  names
26    of  all  other occupants of such vehicle, at a police station
27    or sheriff's  office  near  the  place  where  such  accident
28    occurred.  No  report  made  as required under this paragraph
29    shall be used, directly or indirectly, as  a  basis  for  the
30    prosecution of any violation of paragraph (a).
31        For  purposes of this Section, personal injury shall mean
 
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 1    any injury requiring immediate professional  treatment  in  a
 2    medical facility or doctor's office.
 3        (c)  Any  person  failing  to  comply  with paragraph (a)
 4    shall be guilty of a Class A misdemeanor.
 5        (d)  Any person failing to comply with paragraph  (b)  is
 6    guilty of a Class 4 felony if the motor vehicle accident does
 7    not  result in the death of any person. Any person failing to
 8    comply with paragraph (b) when the accident  results  in  the
 9    death  of any person is guilty of a Class 2 felony, for which
10    the person, if sentenced to a term of imprisonment, shall  be
11    sentenced  to  a  term  of not less than 3 years and not more
12    than 14 years.
13        (e)  The Secretary of  State  shall  revoke  the  driving
14    privilege  of  any  person  convicted  of a violation of this
15    Section.
16        (f)  The motor  vehicle  used  in  a  violation  of  this
17    Section  is  subject to seizure and forfeiture as provided in
18    Sections 36-1 and 36-2 of the Criminal Code of 1961.
19    (Source: P.A. 90-543, eff. 12-1-97.)

20        Section 10.  The Criminal Code  of  1961  is  amended  by
21    changing Section 36-1 as follows:

22        (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
23        Sec.  36-1.   Seizure.   Any  vessel, vehicle or aircraft
24    used with the knowledge and  consent  of  the  owner  in  the
25    commission  of,  or  in  the  attempt to commit as defined in
26    Section 8-4 of  this  Code,  an  offense  prohibited  by  (a)
27    Section  9-1,  9-3,  10-2,  11-6,  11-15.1, 11-19.1, 11-19.2,
28    11-20.1, 12-4.1, 12-4.2, 12-4.2-5,  12-4.3,  12-4.6,  12-7.3,
29    12-7.4,  12-13,  12-14,  18-2,  19-1, 19-2, 19-3, 20-1, 20-2,
30    20.5-6, 24-1.2, 24-1.2-5,  24-1.5,  or  28-1  of  this  Code,
31    paragraph  (a) of Section 12-4 of this Code, paragraph (a) of
32    Section 12-15 or paragraphs (a), (c) or (d) of Section  12-16
 
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 1    of  this  Code, or paragraph (a)(6) or (a)(7) of Section 24-1
 2    of this Code; (b) Section  21,  22,  23,  24  or  26  of  the
 3    Cigarette Tax Act if the vessel, vehicle or aircraft contains
 4    more  than  10 cartons of such cigarettes; (c) Section 28, 29
 5    or 30 of the Cigarette Use Tax Act if the vessel, vehicle  or
 6    aircraft  contains  more  than 10 cartons of such cigarettes;
 7    (d) Section 44  of  the  Environmental  Protection  Act;  (e)
 8    11-204.1  of  the  Illinois  Vehicle  Code;  (f) the offenses
 9    described in the following provisions of the Illinois Vehicle
10    Code:  Section  11-501   subdivisions   (c-1)(1),   (c-1)(2),
11    (c-1)(3),   (d)(1)(A),   or  (d)(1)(D);  or  (g)  an  offense
12    described in subsection (g) of Section 6-303 of the  Illinois
13    Vehicle  Code;  or (h) an offense described in Section 11-401
14    of the Illinois Vehicle Code, may  be  seized  and  delivered
15    forthwith to the sheriff of the county of seizure.
16        Within 15 days after such delivery the sheriff shall give
17    notice  of  seizure to each person according to the following
18    method: Upon each such person whose right, title or  interest
19    is  of  record  in  the office of the Secretary of State, the
20    Secretary of Transportation, the Administrator of the Federal
21    Aviation Agency, or any other Department of  this  State,  or
22    any  other state of the United States if such vessel, vehicle
23    or aircraft is required to be so registered, as the case  may
24    be,  by mailing a copy of the notice by certified mail to the
25    address as given upon the records of the Secretary of  State,
26    the Department of Aeronautics, Department of Public Works and
27    Buildings or any other Department of this State or the United
28    States  if such vessel, vehicle or aircraft is required to be
29    so registered. Within that 15 day period  the  sheriff  shall
30    also  notify  the  State's  Attorney of the county of seizure
31    about the seizure.
32        In addition, any mobile or portable equipment used in the
33    commission of an act which is in violation of Section  7g  of
34    the  Metropolitan  Water  Reclamation  District  Act shall be
 
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 1    subject to seizure and forfeiture under the  same  procedures
 2    provided  in  this  Article for the seizure and forfeiture of
 3    vessels, vehicles and aircraft, and any such equipment  shall
 4    be  deemed a vessel, vehicle or aircraft for purposes of this
 5    Article.
 6        When a person discharges a firearm at another  individual
 7    from a vehicle with the knowledge and consent of the owner of
 8    the  vehicle  and  with  the  intent  to cause death or great
 9    bodily harm to that individual and as a result  causes  death
10    or great bodily harm to that individual, the vehicle shall be
11    subject  to  seizure and forfeiture under the same procedures
12    provided in this Article for the seizure  and  forfeiture  of
13    vehicles  used in violations of clauses (a), (b), (c), or (d)
14    of this Section.
15        If the spouse of the owner of a  vehicle  seized  for  an
16    offense  described  in subsection (g) of Section 6-303 of the
17    Illinois Vehicle Code, a violation of  subdivision  (c-1)(1),
18    (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
19    of  the  Illinois  Vehicle  Code, or Section 9-3 of this Code
20    makes a showing that the seized vehicle is the only source of
21    transportation  and  it  is  determined  that  the  financial
22    hardship to the family as a result of the  seizure  outweighs
23    the benefit to the State from the seizure, the vehicle may be
24    forfeited to the spouse or family member and the title to the
25    vehicle  shall  be transferred to the spouse or family member
26    who is properly licensed and who  requires  the  use  of  the
27    vehicle  for employment or family transportation purposes.  A
28    written declaration of forfeiture of  a  vehicle  under  this
29    Section  shall  be  sufficient  cause  for  the  title  to be
30    transferred to the spouse or family member.   The  provisions
31    of  this  paragraph  shall  apply  only to one forfeiture per
32    vehicle.  If the vehicle  is  the  subject  of  a  subsequent
33    forfeiture proceeding by virtue of a subsequent conviction of
34    either  spouse  or  the  family  member, the spouse or family
 
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 1    member to whom the vehicle  was  forfeited  under  the  first
 2    forfeiture  proceeding may not utilize the provisions of this
 3    paragraph in another forfeiture proceeding.  If the owner  of
 4    the  vehicle seized owns more than one vehicle, the procedure
 5    set out in this paragraph may be used for only one vehicle.
 6        Property declared contraband  under  Section  40  of  the
 7    Illinois  Streetgang  Terrorism Omnibus Prevention Act may be
 8    seized and forfeited under this Article.
 9    (Source:  P.A.  91-876,  eff.  1-1-01;  92-57,  eff.  1-1-02;
10    92-688, eff. 7-16-02.)