Bill Text: IL HB5053 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that no person shall gather in a public street, commercial parking lot, or any other area open to the public for the purpose of street racing or a street side show. Provides that a vehicle used in street racing or a street side show or used to interfere with the flow of traffic to facilitate street racing or a street side show is subject to forfeiture. Amends the Criminal Code of 2012. Makes corresponding changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5053 Detail]
Download: Illinois-2023-HB5053-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||
5 | changing Section 11-506 as follows:
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6 | (625 ILCS 5/11-506) | |||||||||||||||||||||
7 | Sec. 11-506. Street racing; aggravated street racing; | |||||||||||||||||||||
8 | street sideshows. | |||||||||||||||||||||
9 | (a) No person shall engage in street racing on any street | |||||||||||||||||||||
10 | or highway of this State. | |||||||||||||||||||||
11 | (a-5) No person shall engage in a street sideshow on any | |||||||||||||||||||||
12 | street or highway of this State. | |||||||||||||||||||||
13 | (b) No owner of any vehicle shall acquiesce in or permit | |||||||||||||||||||||
14 | his or her vehicle to be used by another for the purpose of | |||||||||||||||||||||
15 | street racing or a street sideshow. | |||||||||||||||||||||
16 | (b-5) A person may not knowingly interfere with or cause | |||||||||||||||||||||
17 | the movement of traffic to slow or stop for the purpose of | |||||||||||||||||||||
18 | facilitating street racing or a street sideshow. | |||||||||||||||||||||
19 | (b-7) No person shall gather in a public street, | |||||||||||||||||||||
20 | commercial parking lot, or any other area open to the public | |||||||||||||||||||||
21 | for the purpose of street racing or a street side show. | |||||||||||||||||||||
22 | (c) For the purposes of this Section: | |||||||||||||||||||||
23 | "Acquiesce" or "permit" means actual knowledge that the |
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1 | motor vehicle was to be used for the purpose of street racing. | ||||||
2 | "Motor vehicle stunt" includes, but is not limited to, | ||||||
3 | operating a vehicle in a manner that causes the vehicle to | ||||||
4 | slide or spin, driving within the proximity of a gathering of | ||||||
5 | persons, performing maneuvers to demonstrate the performance | ||||||
6 | capability of the motor vehicle, or maneuvering the vehicle in | ||||||
7 | an attempt to elicit a reaction from a gathering of persons. | ||||||
8 | "Street racing" means: | ||||||
9 | (1) The operation of 2 or more vehicles from a point | ||||||
10 | side by side at accelerating speeds in a competitive | ||||||
11 | attempt to outdistance each other; or | ||||||
12 | (2) The operation of one or more vehicles over a | ||||||
13 | common selected course, each starting at the same point, | ||||||
14 | for the purpose of comparing the relative speeds or power | ||||||
15 | of acceleration of such vehicle or vehicles within a | ||||||
16 | certain distance or time limit; or | ||||||
17 | (3) The use of one or more vehicles in an attempt to | ||||||
18 | outgain or outdistance another vehicle; or | ||||||
19 | (4) The use of one or more vehicles to prevent another | ||||||
20 | vehicle from passing; or | ||||||
21 | (5) The use of one or more vehicles to arrive at a | ||||||
22 | given destination ahead of another vehicle or vehicles; or | ||||||
23 | (6) The use of one or more vehicles to test the | ||||||
24 | physical stamina or endurance of drivers over | ||||||
25 | long-distance driving routes. | ||||||
26 | "Street sideshow" means an event in which one or more |
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1 | vehicles block or impede traffic on a street or highway, for | ||||||
2 | the purpose of performing unauthorized motor vehicle stunts, | ||||||
3 | motor vehicle speed contests, or motor vehicle exhibitions of | ||||||
4 | speed. | ||||||
5 | (d) Penalties. | ||||||
6 | (1) Any person who is convicted of a violation of | ||||||
7 | subsection (a), (a-5), or (b-5) , or (b-7) shall be guilty | ||||||
8 | of a Class A misdemeanor for the first offense and shall be | ||||||
9 | subject to a minimum fine of $250 and forfeiture of the | ||||||
10 | vehicle used in violation of this Section . Any person | ||||||
11 | convicted of a violation of subsection (a), (a-5), or | ||||||
12 | (b-5) a second or subsequent time shall be guilty of a | ||||||
13 | Class 4 felony and shall be subject to a minimum fine of | ||||||
14 | $500. The driver's license of any person convicted of | ||||||
15 | subsection (a) shall be revoked in the manner provided by | ||||||
16 | Section 6-205 of this Code. | ||||||
17 | (2) Any person who is convicted of a violation of | ||||||
18 | subsection (b) shall be guilty of a Class B misdemeanor. | ||||||
19 | Any person who is convicted of subsection (b) for a second | ||||||
20 | or subsequent time shall be guilty of a Class A | ||||||
21 | misdemeanor. | ||||||
22 | (3) Every person convicted of committing a violation | ||||||
23 | of subsection (a) of this Section shall be guilty of | ||||||
24 | aggravated street racing if the person, in committing a | ||||||
25 | violation of subsection (a) was involved in a motor | ||||||
26 | vehicle crash that resulted in great bodily harm or |
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1 | permanent disability or disfigurement to another, where | ||||||
2 | the violation was a proximate cause of the injury. | ||||||
3 | Aggravated street racing is a Class 4 felony for which the | ||||||
4 | defendant, if sentenced to a term of imprisonment, shall | ||||||
5 | be sentenced to not less than one year nor more than 12 | ||||||
6 | years. | ||||||
7 | (Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; | ||||||
8 | 103-154, eff. 6-30-23.)
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9 | Section 10. The Criminal Code of 2012 is amended by | ||||||
10 | changing Section 36-1 as follows:
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11 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) | ||||||
12 | Sec. 36-1. Property subject to forfeiture. | ||||||
13 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
14 | subject to forfeiture under this Article if the vessel or | ||||||
15 | watercraft, vehicle, or aircraft is used with the knowledge | ||||||
16 | and consent of the owner in the commission of or in the attempt | ||||||
17 | to commit as defined in Section 8-4 of this Code: | ||||||
18 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
19 | murder), Section 9-3 (involuntary manslaughter and | ||||||
20 | reckless homicide), Section 10-2 (aggravated kidnaping), | ||||||
21 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
22 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
23 | (predatory criminal sexual assault of a child), subsection | ||||||
24 | (a) of Section 11-1.50 (criminal sexual abuse), subsection |
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1 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
2 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
3 | child), Section 11-14.4 (promoting juvenile prostitution | ||||||
4 | except for keeping a place of juvenile prostitution), | ||||||
5 | Section 11-20.1 (child pornography), paragraph (a)(1), | ||||||
6 | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||||||
7 | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||||||
8 | (aggravated battery), Section 12-7.3 (stalking), Section | ||||||
9 | 12-7.4 (aggravated stalking), Section 16-1 (theft if the | ||||||
10 | theft is of precious metal or of scrap metal), subdivision | ||||||
11 | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||||||
12 | 18-2 (armed robbery), Section 19-1 (burglary), Section | ||||||
13 | 19-2 (possession of burglary tools), Section 19-3 | ||||||
14 | (residential burglary), Section 20-1 (arson; residential | ||||||
15 | arson; place of worship arson), Section 20-2 (possession | ||||||
16 | of explosives or explosive or incendiary devices), | ||||||
17 | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | ||||||
18 | of weapons), Section 24-1.2 (aggravated discharge of a | ||||||
19 | firearm), Section 24-1.2-5 (aggravated discharge of a | ||||||
20 | machine gun or a firearm equipped with a device designed | ||||||
21 | or used for silencing the report of a firearm), Section | ||||||
22 | 24-1.5 (reckless discharge of a firearm), Section 28-1 | ||||||
23 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
24 | substance) of this Code; | ||||||
25 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
26 | 26 of the Cigarette Tax Act if the vessel or watercraft, |
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1 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
2 | cigarettes; | ||||||
3 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
4 | the Cigarette Use Tax Act if the vessel or watercraft, | ||||||
5 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
6 | cigarettes; | ||||||
7 | (4) an offense prohibited by Section 44 of the | ||||||
8 | Environmental Protection Act; | ||||||
9 | (5) an offense prohibited by Section 11-204.1 of the | ||||||
10 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
11 | elude a peace officer); | ||||||
12 | (6) an offense prohibited by Section 11-501 of the | ||||||
13 | Illinois Vehicle Code (driving while under the influence | ||||||
14 | of alcohol or other drug or drugs, intoxicating compound | ||||||
15 | or compounds or any combination thereof) or a similar | ||||||
16 | provision of a local ordinance, and: | ||||||
17 | (A) during a period in which his or her driving | ||||||
18 | privileges are revoked or suspended if the revocation | ||||||
19 | or suspension was for: | ||||||
20 | (i) Section 11-501 (driving under the | ||||||
21 | influence of alcohol or other drug or drugs, | ||||||
22 | intoxicating compound or compounds or any | ||||||
23 | combination thereof), | ||||||
24 | (ii) Section 11-501.1 (statutory summary | ||||||
25 | suspension or revocation), | ||||||
26 | (iii) paragraph (b) of Section 11-401 (motor |
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1 | vehicle crashes involving death or personal | ||||||
2 | injuries), or | ||||||
3 | (iv) reckless homicide as defined in Section | ||||||
4 | 9-3 of this Code; | ||||||
5 | (B) has been previously convicted of reckless | ||||||
6 | homicide or a similar provision of a law of another | ||||||
7 | state relating to reckless homicide in which the | ||||||
8 | person was determined to have been under the influence | ||||||
9 | of alcohol, other drug or drugs, or intoxicating | ||||||
10 | compound or compounds as an element of the offense or | ||||||
11 | the person has previously been convicted of committing | ||||||
12 | a violation of driving under the influence of alcohol | ||||||
13 | or other drug or drugs, intoxicating compound or | ||||||
14 | compounds or any combination thereof and was involved | ||||||
15 | in a motor vehicle crash that resulted in death, great | ||||||
16 | bodily harm, or permanent disability or disfigurement | ||||||
17 | to another, when the violation was a proximate cause | ||||||
18 | of the death or injuries; | ||||||
19 | (C) the person committed a violation of driving | ||||||
20 | under the influence of alcohol or other drug or drugs, | ||||||
21 | intoxicating compound or compounds or any combination | ||||||
22 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
23 | Code or a similar provision for the third or | ||||||
24 | subsequent time; | ||||||
25 | (D) he or she did not possess a valid driver's | ||||||
26 | license or permit or a valid restricted driving permit |
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1 | or a valid judicial driving permit or a valid | ||||||
2 | monitoring device driving permit; or | ||||||
3 | (E) he or she knew or should have known that the | ||||||
4 | vehicle he or she was driving was not covered by a | ||||||
5 | liability insurance policy; | ||||||
6 | (7) an offense described in subsection (g) of Section | ||||||
7 | 6-303 of the Illinois Vehicle Code; | ||||||
8 | (8) an offense described in subsection (e) of Section | ||||||
9 | 6-101 of the Illinois Vehicle Code; or | ||||||
10 | (9)(A) operating a watercraft under the influence of | ||||||
11 | alcohol, other drug or drugs, intoxicating compound or | ||||||
12 | compounds, or combination thereof under Section 5-16 of | ||||||
13 | the Boat Registration and Safety Act during a period in | ||||||
14 | which his or her privileges to operate a watercraft are | ||||||
15 | revoked or suspended and the revocation or suspension was | ||||||
16 | for operating a watercraft under the influence of alcohol, | ||||||
17 | other drug or drugs, intoxicating compound or compounds, | ||||||
18 | or combination thereof; (B) operating a watercraft under | ||||||
19 | the influence of alcohol, other drug or drugs, | ||||||
20 | intoxicating compound or compounds, or combination thereof | ||||||
21 | and has been previously convicted of reckless homicide or | ||||||
22 | a similar provision of a law in another state relating to | ||||||
23 | reckless homicide in which the person was determined to | ||||||
24 | have been under the influence of alcohol, other drug or | ||||||
25 | drugs, intoxicating compound or compounds, or combination | ||||||
26 | thereof as an element of the offense or the person has |
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1 | previously been convicted of committing a violation of | ||||||
2 | operating a watercraft under the influence of alcohol, | ||||||
3 | other drug or drugs, intoxicating compound or compounds, | ||||||
4 | or combination thereof and was involved in an accident | ||||||
5 | that resulted in death, great bodily harm, or permanent | ||||||
6 | disability or disfigurement to another, when the violation | ||||||
7 | was a proximate cause of the death or injuries; or (C) the | ||||||
8 | person committed a violation of operating a watercraft | ||||||
9 | under the influence of alcohol, other drug or drugs, | ||||||
10 | intoxicating compound or compounds, or combination thereof | ||||||
11 | under Section 5-16 of the Boat Registration and Safety Act | ||||||
12 | or a similar provision for the third or subsequent time ; | ||||||
13 | or | ||||||
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14 | (10) an offense described in Section 11-506 of the | ||||||
15 | Illinois Vehicle Code. | ||||||
16 | (b) In addition, any mobile or portable equipment used in | ||||||
17 | the commission of an act which is in violation of Section 7g of | ||||||
18 | the Metropolitan Water Reclamation District Act shall be | ||||||
19 | subject to seizure and forfeiture under the same procedures | ||||||
20 | provided in this Article for the seizure and forfeiture of | ||||||
21 | vessels or watercraft, vehicles, and aircraft, and any such | ||||||
22 | equipment shall be deemed a vessel or watercraft, vehicle, or | ||||||
23 | aircraft for purposes of this Article. | ||||||
24 | (c) In addition, when a person discharges a firearm at | ||||||
25 | another individual from a vehicle with the knowledge and | ||||||
26 | consent of the owner of the vehicle and with the intent to |
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1 | cause death or great bodily harm to that individual and as a | ||||||
2 | result causes death or great bodily harm to that individual, | ||||||
3 | the vehicle shall be subject to seizure and forfeiture under | ||||||
4 | the same procedures provided in this Article for the seizure | ||||||
5 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
6 | (2), (3), or (4) of subsection (a) of this Section. | ||||||
7 | (d) If the spouse of the owner of a vehicle seized for an | ||||||
8 | offense described in subsection (g) of Section 6-303 of the | ||||||
9 | Illinois Vehicle Code, a violation of subdivision (d)(1)(A), | ||||||
10 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section | ||||||
11 | 11-501 of the Illinois Vehicle Code, or Section 9-3 of this | ||||||
12 | Code makes a showing that the seized vehicle is the only source | ||||||
13 | of transportation and it is determined that the financial | ||||||
14 | hardship to the family as a result of the seizure outweighs the | ||||||
15 | benefit to the State from the seizure, the vehicle may be | ||||||
16 | forfeited to the spouse or family member and the title to the | ||||||
17 | vehicle shall be transferred to the spouse or family member | ||||||
18 | who is properly licensed and who requires the use of the | ||||||
19 | vehicle for employment or family transportation purposes. A | ||||||
20 | written declaration of forfeiture of a vehicle under this | ||||||
21 | Section shall be sufficient cause for the title to be | ||||||
22 | transferred to the spouse or family member. The provisions of | ||||||
23 | this paragraph shall apply only to one forfeiture per vehicle. | ||||||
24 | If the vehicle is the subject of a subsequent forfeiture | ||||||
25 | proceeding by virtue of a subsequent conviction of either | ||||||
26 | spouse or the family member, the spouse or family member to |
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