(720 ILCS 5/36-3)
(from Ch. 38, par. 36-3)
Exemptions from forfeiture.
(a) No vessel or watercraft, vehicle, or aircraft used by any person as a common
carrier in the transaction of business as such common carrier may be
forfeited under the provisions of Section 36-2 unless the State proves by a preponderance of the evidence that (1)
in the case of a railway car or engine, the owner, or (2) in the case of
any other such vessel or watercraft, vehicle or aircraft, the owner or the master of such
vessel or watercraft or the owner or conductor, driver, pilot, or other person in charge
of such vehicle or aircraft was at the time of the alleged illegal act a
consenting party or privy thereto.
(b) No vessel or watercraft, vehicle, or aircraft shall be forfeited under the
provisions of Section 36-2 of this Article by reason of any act or omission committed or omitted by any person other
than such owner while such vessel or watercraft, vehicle, or aircraft was unlawfully in
the possession of a person who acquired possession thereof in violation of
the criminal laws of the United States, or of any state.
(Source: P.A. 100-512, eff. 7-1-18