Illinois General Assembly - Full Text of HB3284
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Full Text of HB3284  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Elgie R. Sims, Jr.


720 ILCS 5/36-1  from Ch. 38, par. 36-1
720 ILCS 5/37-1  from Ch. 38, par. 37-1
720 ILCS 5/37-4  from Ch. 38, par. 37-4

    Amends the Criminal Code of 2012. Provides that any building used in animal fighting is a public nuisance and may be abated. Provides for the seizure and forfeiture of vessels, vehicles, and aircraft used with the knowledge and consent of the owner in the commission of animal fighting. Provides that in those cases the court may order the sheriff of the county in which the public nuisance occurred to padlock the property and impound any vessels, vehicles, or aircraft located on the property.

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HB3284LRB098 07724 RLC 37801 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 36-1, 37-1, and 37-4 as follows:
6    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
7    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
8with the knowledge and consent of the owner in the commission
9of, or in the attempt to commit as defined in Section 8-4 of
10this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
1111-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a
12place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
1311-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
1412-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of
15precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1,
1620-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2, or 48-1 of
17this Code, subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1),
18(e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section
1912-3.05, paragraph (a) of Section 12-4 of this Code, paragraph
20(a) of Section 11-1.50, paragraph (a) of Section 12-15,
21paragraph (a), (c), or (d) of Section 11-1.60, or paragraphs
22(a), (c) or (d) of Section 12-16 of this Code, or paragraph
23(a)(6) or (a)(7) of Section 24-1 of this Code; (b) Section 21,



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122, 23, 24 or 26 of the Cigarette Tax Act if the vessel,
2vehicle or aircraft contains more than 10 cartons of such
3cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use Tax
4Act if the vessel, vehicle or aircraft contains more than 10
5cartons of such cigarettes; (d) Section 44 of the Environmental
6Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; (f)
7(1) driving under the influence of alcohol or other drug or
8drugs, intoxicating compound or compounds or any combination
9thereof under Section 11-501 of the Illinois Vehicle Code
10during a period in which his or her driving privileges are
11revoked or suspended where the revocation or suspension was for
12driving under the influence of alcohol or other drug or drugs,
13intoxicating compound or compounds or any combination thereof,
14Section 11-501.1, paragraph (b) of Section 11-401, or for
15reckless homicide as defined in Section 9-3 of the Criminal
16Code of 1961 or the Criminal Code of 2012; (2) driving while
17under the influence of alcohol, other drug or drugs,
18intoxicating compound or compounds or any combination thereof
19and has been previously convicted of reckless homicide or a
20similar provision of a law of another state relating to
21reckless homicide in which the person was determined to have
22been under the influence of alcohol, other drug or drugs, or
23intoxicating compound or compounds as an element of the offense
24or the person has previously been convicted of committing a
25violation of driving under the influence of alcohol or other
26drug or drugs, intoxicating compound or compounds or any



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1combination thereof and was involved in a motor vehicle
2accident that resulted in death, great bodily harm, or
3permanent disability or disfigurement to another, when the
4violation was a proximate cause of the death or injuries; (3)
5the person committed a violation of driving under the influence
6of alcohol or other drug or drugs, intoxicating compound or
7compounds or any combination thereof under Section 11-501 of
8the Illinois Vehicle Code or a similar provision for the third
9or subsequent time; (4) the person committed the violation
10while he or she did not possess a driver's license or permit or
11a restricted driving permit or a judicial driving permit or a
12monitoring device driving permit; or (5) the person committed
13the violation while he or she knew or should have known that
14the vehicle he or she was driving was not covered by a
15liability insurance policy; (g) an offense described in
16subsection (g) of Section 6-303 of the Illinois Vehicle Code;
17or (h) an offense described in subsection (e) of Section 6-101
18of the Illinois Vehicle Code; or (i) Section 4.01 of the Humane
19Care for Animals Act may be seized and delivered forthwith to
20the sheriff of the county of seizure.
21    Within 15 days after such delivery the sheriff shall give
22notice of seizure to each person according to the following
23method: Upon each such person whose right, title or interest is
24of record in the office of the Secretary of State, the
25Secretary of Transportation, the Administrator of the Federal
26Aviation Agency, or any other Department of this State, or any



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1other state of the United States if such vessel, vehicle or
2aircraft is required to be so registered, as the case may be,
3by mailing a copy of the notice by certified mail to the
4address as given upon the records of the Secretary of State,
5the Department of Aeronautics, Department of Public Works and
6Buildings or any other Department of this State or the United
7States if such vessel, vehicle or aircraft is required to be so
8registered. Within that 15 day period the sheriff shall also
9notify the State's Attorney of the county of seizure about the
11    In addition, any mobile or portable equipment used in the
12commission of an act which is in violation of Section 7g of the
13Metropolitan Water Reclamation District Act shall be subject to
14seizure and forfeiture under the same procedures provided in
15this Article for the seizure and forfeiture of vessels,
16vehicles and aircraft, and any such equipment shall be deemed a
17vessel, vehicle or aircraft for purposes of this Article.
18    When a person discharges a firearm at another individual
19from a vehicle with the knowledge and consent of the owner of
20the vehicle and with the intent to cause death or great bodily
21harm to that individual and as a result causes death or great
22bodily harm to that individual, the vehicle shall be subject to
23seizure and forfeiture under the same procedures provided in
24this Article for the seizure and forfeiture of vehicles used in
25violations of clauses (a), (b), (c), or (d) of this Section.
26    If the spouse of the owner of a vehicle seized for an



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1offense described in subsection (g) of Section 6-303 of the
2Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
3(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
411-501 of the Illinois Vehicle Code, or Section 9-3 of this
5Code makes a showing that the seized vehicle is the only source
6of transportation and it is determined that the financial
7hardship to the family as a result of the seizure outweighs the
8benefit to the State from the seizure, the vehicle may be
9forfeited to the spouse or family member and the title to the
10vehicle shall be transferred to the spouse or family member who
11is properly licensed and who requires the use of the vehicle
12for employment or family transportation purposes. A written
13declaration of forfeiture of a vehicle under this Section shall
14be sufficient cause for the title to be transferred to the
15spouse or family member. The provisions of this paragraph shall
16apply only to one forfeiture per vehicle. If the vehicle is the
17subject of a subsequent forfeiture proceeding by virtue of a
18subsequent conviction of either spouse or the family member,
19the spouse or family member to whom the vehicle was forfeited
20under the first forfeiture proceeding may not utilize the
21provisions of this paragraph in another forfeiture proceeding.
22If the owner of the vehicle seized owns more than one vehicle,
23the procedure set out in this paragraph may be used for only
24one vehicle.
25    Property declared contraband under Section 40 of the
26Illinois Streetgang Terrorism Omnibus Prevention Act may be



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1seized and forfeited under this Article.
2(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
396-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
41-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551,
5Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11;
697-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
7    (720 ILCS 5/37-1)  (from Ch. 38, par. 37-1)
8    Sec. 37-1. Maintaining Public Nuisance. Any building used
9in the commission of offenses prohibited by Sections 9-1, 10-1,
1010-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B,
1111-20.3, 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1),
1224-1(a)(7), 24-3, 28-1, 28-3, 31-5, or 39A-1, or 48-1 or
13subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of Section
1411-14.3, of this Code, or prohibited by the Illinois Controlled
15Substances Act, the Methamphetamine Control and Community
16Protection Act, or the Cannabis Control Act, or Section 4.01 of
17the Humane Care for Animals Act used in the commission of an
18inchoate offense relative to any of the aforesaid principal
19offenses, or any real property erected, established,
20maintained, owned, leased, or used by a streetgang for the
21purpose of conducting streetgang related activity as defined in
22Section 10 of the Illinois Streetgang Terrorism Omnibus
23Prevention Act is a public nuisance.
24    (b) Sentence. A person convicted of knowingly maintaining
25such a public nuisance commits a Class A misdemeanor. Each



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1subsequent offense under this Section is a Class 4 felony.
2(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
3    (720 ILCS 5/37-4)  (from Ch. 38, par. 37-4)
4    Sec. 37-4. Abatement of nuisance.) The Attorney General of
5this State or the State's Attorney of the county wherein the
6nuisance exists may commence an action to abate a public
7nuisance as described in Section 37-1 of this Act, in the name
8of the People of the State of Illinois, in the circuit court.
9Upon being satisfied by affidavits or other sworn evidence that
10an alleged public nuisance exists, the court may without notice
11or bond enter a temporary restraining order or preliminary
12injunction to enjoin any defendant from maintaining such
13nuisance and may enter an order restraining any defendant from
14removing or interfering with all property used in connection
15with the public nuisance, including if the property was used in
16commission of a violation of Section 48-1 of this Code or
17Section 4.01 of the Humane Care for Animals Act ordering the
18sheriff of the county in which the public nuisance occurred to
19padlock the property and impound any vessels, vehicles, or
20aircraft located on the property. If during the proceedings and
21hearings upon the merits, which shall be in the manner of "An
22Act in relation to places used for the purpose of using,
23keeping or selling controlled substances or cannabis",
24approved July 5, 1957, the existence of the nuisance is
25established, and it is found that such nuisance was maintained



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1with the intentional, knowing, reckless or negligent
2permission of the owner or the agent of the owner managing the
3building, the court shall enter an order restraining all
4persons from maintaining or permitting such nuisance and from
5using the building for a period of one year thereafter, except
6that an owner, lessee or other occupant thereof may use such
7place if the owner shall give bond with sufficient security or
8surety approved by the court, in an amount between $1,000 and
9$5,000 inclusive, payable to the People of the State of
10Illinois, and including a condition that no offense specified
11in Section 37-1 of this Act shall be committed at, in or upon
12the property described and a condition that the principal
13obligor and surety assume responsibility for any fine, costs or
14damages resulting from such an offense thereafter.
15(Source: P.A. 83-342.)