Full Text of SB3434 98th General Assembly
SB3434enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 36-1, 36-1a, 36-2, 36-3, and 36-4 as follows:
| 6 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| 7 | | Sec. 36-1. Seizure. Any vessel or watercraft , vehicle or | 8 | | aircraft used with the knowledge
and consent of the owner in | 9 | | the commission of, or in the attempt to commit as
defined in | 10 | | Section 8-4 of this Code, an offense prohibited by (a) Section | 11 | | 9-1,
9-3,
10-2, 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except | 12 | | for keeping a place of juvenile prostitution, 11-15.1, 11-19.1, | 13 | | 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, | 14 | | 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft | 15 | | is of precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, | 16 | | 20-1, 20-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this | 17 | | 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 | 19 | | 12-3.05,
paragraph (a) of Section 12-4 of this Code, paragraph | 20 | | (a) of Section 11-1.50,
paragraph (a) of Section 12-15, | 21 | | paragraph (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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| 1 | | 22, 23, 24 or 26 of the Cigarette Tax
Act if the vessel or | 2 | | watercraft , vehicle or aircraft contains more than 10 cartons | 3 | | of
such cigarettes; (c) Section 28, 29 or 30 of the Cigarette | 4 | | Use Tax Act if
the vessel or watercraft , vehicle or aircraft | 5 | | contains more than 10 cartons of such
cigarettes; (d) Section | 6 | | 44 of the Environmental Protection Act; (e)
11-204.1
of the | 7 | | Illinois Vehicle Code; (f)
(1) driving under the influence of | 8 | | alcohol or other drug or drugs, intoxicating compound or | 9 | | compounds or any
combination thereof under Section 11-501 of | 10 | | the Illinois Vehicle Code during a period in which his
or her | 11 | | driving privileges are revoked or suspended where
the | 12 | | revocation or suspension was for driving under the influence of | 13 | | alcohol or other drug or drugs, intoxicating compound or | 14 | | compounds or any
combination thereof, Section 11-501.1, | 15 | | paragraph (b) of Section
11-401, or for reckless homicide as | 16 | | defined in Section 9-3
of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012; (2)
driving while under the influence of | 18 | | alcohol, other drug or drugs, intoxicating compound or | 19 | | compounds or any combination thereof and has been previously | 20 | | convicted of reckless homicide or a similar provision of a law | 21 | | of another state relating to reckless homicide in which the | 22 | | person was determined to have been under the influence of | 23 | | alcohol, other drug or drugs, or intoxicating compound or | 24 | | compounds as an element of the offense or the person has | 25 | | previously been convicted of committing a violation of
driving | 26 | | under the influence of alcohol or other drug or drugs, |
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| 1 | | intoxicating compound or compounds or any
combination thereof | 2 | | and was involved in a motor vehicle accident that resulted in | 3 | | death, great bodily harm, or permanent disability or | 4 | | disfigurement to another, when the violation was a proximate | 5 | | cause of the death or injuries; (3) the person committed a | 6 | | violation of driving under the influence of alcohol or other | 7 | | drug or drugs, intoxicating compound or compounds or any
| 8 | | combination thereof under Section 11-501 of the Illinois | 9 | | Vehicle Code or a similar provision for the third or subsequent
| 10 | | time; (4) the person committed the violation while he
or she | 11 | | did not possess a driver's license or permit or a restricted | 12 | | driving permit or a judicial driving permit or a monitoring | 13 | | device driving permit; or (5) the person committed the | 14 | | violation while he or she knew or should have known that the | 15 | | vehicle he or she was driving was not covered by a liability | 16 | | insurance policy; (g) an offense described in subsection (g) of | 17 | | Section 6-303 of the
Illinois Vehicle Code; or (h) an offense | 18 | | described in subsection (e) of
Section 6-101 of the Illinois | 19 | | Vehicle Code; or (i) (1) operating a watercraft under the | 20 | | influence of alcohol, other drug or drugs, intoxicating | 21 | | compound or compounds, or combination thereof under Section | 22 | | 5-16 of the Boat Registration and Safety Act during a period in | 23 | | which his or her privileges to operate a watercraft are revoked | 24 | | or suspended and the revocation or suspension was for operating | 25 | | a watercraft under the influence of alcohol, other drug or | 26 | | drugs, intoxicating compound or compounds, or combination |
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| 1 | | thereof; (2) operating a watercraft under the influence of | 2 | | alcohol, other drug or drugs, intoxicating compound or | 3 | | compounds, or combination thereof and has been previously | 4 | | convicted of reckless homicide or a similar provision of a law | 5 | | in another state relating to reckless homicide in which the | 6 | | person was determined to have been under the influence of | 7 | | alcohol, other drug or drugs, intoxicating compound or | 8 | | compounds, or combination thereof as an element of the offense | 9 | | or the person has previously been convicted of committing a | 10 | | violation of operating a watercraft under the influence of | 11 | | alcohol, other drug or drugs, intoxicating compound or | 12 | | compounds, or combination thereof and was involved in an | 13 | | accident that resulted in death, great bodily harm, or | 14 | | permanent disability or disfigurement to another, when the | 15 | | violation was a proximate cause of the death or injuries; or | 16 | | (3) the person committed a violation of operating a watercraft | 17 | | under the influence of alcohol, other drug or drugs, | 18 | | intoxicating compound or compounds, or combination thereof | 19 | | under Section 5-16 of the Boat Registration and Safety Act or a | 20 | | similar provision for the third or subsequent time;
may be
| 21 | | seized and delivered forthwith to the sheriff of the county of | 22 | | seizure.
| 23 | | Within 15 days after such delivery the sheriff shall give | 24 | | notice of seizure
to each person according to the following | 25 | | method: Upon each such person
whose right, title or interest is | 26 | | of record in the office of the Secretary
of State, the |
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| 1 | | Secretary of Transportation, the Administrator of the Federal
| 2 | | Aviation Agency, or any other Department of this State, or any | 3 | | other state
of the United States if such vessel or watercraft , | 4 | | vehicle or aircraft is required to be
so registered, as the | 5 | | case may be, by mailing a copy of the notice by
certified mail | 6 | | to the address as given upon the records of the Secretary of
| 7 | | State, the Department of Aeronautics, Department of Public | 8 | | Works and
Buildings or any other Department of this State or | 9 | | the United States if
such vessel or watercraft , vehicle or | 10 | | aircraft is required to be so registered. Within
that 15 day | 11 | | period the sheriff shall also notify the State's Attorney of
| 12 | | the county of seizure about the seizure.
| 13 | | In addition, any mobile or portable equipment used in the | 14 | | commission of an
act which is in violation of Section 7g of the | 15 | | Metropolitan Water Reclamation
District Act shall be subject to | 16 | | seizure and forfeiture under the same
procedures provided in | 17 | | this Article for the seizure and forfeiture of vessels or | 18 | | watercraft ,
vehicles and aircraft, and any such equipment shall | 19 | | be deemed a vessel or watercraft , vehicle
or aircraft for | 20 | | purposes of this Article.
| 21 | | When a person discharges a firearm at another individual | 22 | | from a vehicle with
the knowledge and consent of the owner of | 23 | | the vehicle and with the intent to
cause death or great bodily | 24 | | harm to that individual and as a result causes
death or great | 25 | | bodily harm to that individual, the vehicle shall be subject to
| 26 | | seizure and forfeiture under the same procedures provided in |
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| 1 | | this Article for
the seizure and forfeiture of vehicles used in | 2 | | violations of clauses (a), (b),
(c), or (d) of this Section.
| 3 | | If the spouse of the owner of a vehicle seized for
an | 4 | | offense described in subsection (g) of Section 6-303 of the
| 5 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | 6 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | 7 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| 8 | | Code makes a showing
that the seized vehicle is the only source | 9 | | of transportation and it is
determined that the financial | 10 | | hardship to the family as a result of the seizure
outweighs the | 11 | | benefit to the State from the seizure, the vehicle may be
| 12 | | forfeited to the spouse or family member and the title to the | 13 | | vehicle shall be
transferred to the spouse or family member who | 14 | | is properly licensed and who
requires the use of the vehicle | 15 | | for employment or family transportation
purposes. A written | 16 | | declaration of forfeiture of a vehicle under this
Section shall | 17 | | be sufficient cause for the title to be transferred to the | 18 | | spouse
or family member. The provisions of this paragraph shall | 19 | | apply only to one
forfeiture per vehicle. If the vehicle is the | 20 | | subject of a subsequent
forfeiture proceeding by virtue of a | 21 | | subsequent conviction of either spouse or
the family member, | 22 | | the spouse or family member to whom the vehicle was
forfeited | 23 | | under the first forfeiture proceeding may not utilize the
| 24 | | provisions of this paragraph in another forfeiture proceeding. | 25 | | If the owner of
the vehicle seized owns more than one vehicle,
| 26 | | the procedure set out in this paragraph may be used for only |
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| 1 | | one vehicle.
| 2 | | Property declared contraband under Section 40 of the | 3 | | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 4 | | seized and forfeited under this
Article.
| 5 | | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; | 6 | | 96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. | 7 | | 1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, | 8 | | Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; | 9 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 10 | | (720 ILCS 5/36-1a) (from Ch. 38, par. 36-1a)
| 11 | | Sec. 36-1a. Rights of lienholders and secured parties. The | 12 | | State's Attorney shall promptly release a vessel or watercraft , | 13 | | vehicle or
aircraft seized under the provisions of this Article | 14 | | to any lienholder or
secured party whose right, title or | 15 | | interest is of record as described in
Section 36-1 if such | 16 | | lienholder or secured party shows to the State's
Attorney that | 17 | | his lien or secured interest is bona fide and was created
| 18 | | without actual knowledge that such vessel or watercraft , | 19 | | vehicle or aircraft was used or
to be used in the commission of | 20 | | the offense charged.
| 21 | | (Source: Laws 1965, p. 2868.)
| 22 | | (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
| 23 | | Sec. 36-2. Action for forfeiture. | 24 | | (a) The State's Attorney in the county in which such |
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| 1 | | seizure occurs
if he finds that such forfeiture was incurred | 2 | | without willful negligence
or without any intention on the part | 3 | | of the owner of the vessel or watercraft , vehicle
or aircraft | 4 | | or any person whose right, title or interest is of record as
| 5 | | described in Section 36-1, to violate the law, or finds the | 6 | | existence of
such mitigating circumstances as to justify | 7 | | remission of the forfeiture,
may cause the sheriff to remit the | 8 | | same upon such terms and conditions
as the State's Attorney | 9 | | deems reasonable and just. The State's Attorney
shall exercise | 10 | | his discretion under the foregoing provision of this
Section | 11 | | 36-2(a) promptly after notice is given in accordance with
| 12 | | Section 36-1. If the State's Attorney does not cause the | 13 | | forfeiture to
be remitted he shall forthwith bring an action | 14 | | for forfeiture in the
Circuit Court within whose jurisdiction | 15 | | the seizure and confiscation has
taken place. The State's | 16 | | Attorney shall give notice of the forfeiture
proceeding by | 17 | | mailing a copy of the Complaint in the forfeiture
proceeding to | 18 | | the persons, and upon the manner, set forth in Section
36-1. | 19 | | The owner of the seized vessel or watercraft , vehicle or | 20 | | aircraft or any person
whose right, title, or interest is of | 21 | | record as described in Section
36-1, may within 20 days after | 22 | | the mailing of such notice file a
verified answer to the | 23 | | Complaint and may appear at the hearing on the
action for | 24 | | forfeiture. The State shall show at such hearing by a
| 25 | | preponderance of the evidence, that such vessel or watercraft , | 26 | | vehicle or aircraft was
used in the commission of an offense |
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| 1 | | described in Section 36-1. The
owner of such vessel or | 2 | | watercraft , vehicle or aircraft or any person whose right,
| 3 | | title, or interest is of record as described in Section 36-1, | 4 | | may show
by a preponderance of the evidence that he did not | 5 | | know, and did not
have reason to know, that the vessel or | 6 | | watercraft , vehicle or aircraft was to be used
in the | 7 | | commission of such an offense or that any of the exceptions set
| 8 | | forth in Section 36-3 are applicable. Unless the State shall | 9 | | make such
showing, the Court shall order such vessel or | 10 | | watercraft , vehicle or aircraft released
to the owner. Where | 11 | | the State has made such showing, the Court may order
the vessel | 12 | | or watercraft , vehicle or aircraft destroyed; may order it | 13 | | delivered to
any local, municipal or county law enforcement | 14 | | agency, or the Department
of State Police or the Department of | 15 | | Revenue of
the State of Illinois;
or may order it sold at
| 16 | | public auction.
| 17 | | (b) A copy of the order shall be filed with the sheriff of | 18 | | the
county in which the seizure occurs and with each Federal or | 19 | | State office
or agency with which such vessel or watercraft , | 20 | | vehicle or aircraft is required to be
registered. Such order, | 21 | | when filed, constitutes authority for the
issuance of clear | 22 | | title to such vehicle, aircraft, or boat to the
department or | 23 | | agency to whom it is delivered or any purchaser thereof.
The | 24 | | sheriff shall comply promptly with instructions to remit | 25 | | received
from the State's Attorney or Attorney General in | 26 | | accordance with
Sections 36-2(a) or 36-3.
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| 1 | | (c) The proceeds of any sale at public auction pursuant to | 2 | | Section
36-2 of this Act, after payment of all liens and | 3 | | deduction of the
reasonable charges and expenses incurred by | 4 | | the sheriff in storing and
selling such vehicle, shall be paid | 5 | | into the general fund of the county
of seizure.
| 6 | | (Source: P.A. 84-25.)
| 7 | | (720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
| 8 | | Sec. 36-3. Exceptions to forfeiture.
| 9 | | (a) No vessel or watercraft , vehicle, or aircraft used by | 10 | | any person as a common
carrier in the transaction of business | 11 | | as such common carrier may be
forfeited under the provisions of | 12 | | Section 36-2 unless it appears that (1)
in the case of a | 13 | | railway car or engine, the owner, or (2) in the case of
any | 14 | | other such vessel or watercraft , vehicle or aircraft, the owner | 15 | | or the master of such
vessel or watercraft or the owner or | 16 | | conductor, driver, pilot, or other person in charge
of such | 17 | | vehicle or aircraft was at the time of the alleged illegal act | 18 | | a
consenting party or privy thereto.
| 19 | | (b) No vessel or watercraft , vehicle, or aircraft shall be | 20 | | forfeited under the
provisions of Section 36-2 by reason of any | 21 | | act or omission established by
the owner thereof to have been | 22 | | committed or omitted by any person other
than such owner while | 23 | | such vessel or watercraft , vehicle, or aircraft was unlawfully | 24 | | in
the possession of a person who acquired possession thereof | 25 | | in violation of
the criminal laws of the United States, or of |
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| 1 | | any state.
| 2 | | (Source: Laws 1965, p. 2868.)
| 3 | | (720 ILCS 5/36-4) (from Ch. 38, par. 36-4)
| 4 | | Sec. 36-4. Remission by Attorney General. Whenever any | 5 | | owner of, or other person interested in, a vessel or | 6 | | watercraft , vehicle,
or aircraft seized under the provisions of | 7 | | this Act files with the Attorney
General before the sale or | 8 | | destruction of such vessel or watercraft , vehicle, or
aircraft, | 9 | | a petition for the remission of such forfeiture the Attorney
| 10 | | General if he finds that such forfeiture was incurred without | 11 | | willful
negligence or without any intention on the part of the | 12 | | owner or any person
whose right, title or interest is of record | 13 | | as described in Section 36-1,
to violate the law, or finds the | 14 | | existence of such mitigating circumstances
as to justify the | 15 | | remission of forfeiture, may cause the same to be
remitted upon | 16 | | such terms and conditions as he deems reasonable and just, or
| 17 | | order discontinuance of any forfeiture proceeding relating | 18 | | thereto.
| 19 | | (Source: Laws 1965, p. 2868.)
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INDEX
| 2 | |
Statutes amended in order of appearance
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| 3 | | 720 ILCS 5/36-1 | from Ch. 38, par. 36-1 |
| 4 | | 720 ILCS 5/36-1a | from Ch. 38, par. 36-1a |
| 5 | | 720 ILCS 5/36-2 | from Ch. 38, par. 36-2 |
| 6 | | 720 ILCS 5/36-3 | from Ch. 38, par. 36-3 |
| 7 | | 720 ILCS 5/36-4 | from Ch. 38, par. 36-4 |
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