Bill Text: IL SB2270 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Criminal Code of 2012. Provides for the seizure of a vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of home repair fraud or aggravated home repair fraud.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2270 Detail]

Download: Illinois-2013-SB2270-Amended.html

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Rep. Dennis M. Reboletti

Filed: 5/7/2013

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AMENDMENT TO SENATE BILL 2270
AMENDMENT NO. ______. Amend Senate Bill 2270 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 36-1 as follows:
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of
precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1,
20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code,

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subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2),
(e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
paragraph (a) of Section 12-4 of this Code, paragraph (a) of
Section 11-1.50, paragraph (a) of Section 12-15, paragraph (a),
(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d)
of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of
Section 24-1 of this Code; (b) Section 21, 22, 23, 24 or 26 of
the Cigarette Tax Act if the vessel, vehicle or aircraft
contains more than 10 cartons of such cigarettes; (c) Section
28, 29 or 30 of the Cigarette Use Tax Act if the vessel,
vehicle or aircraft contains more than 10 cartons of such
cigarettes; (d) Section 44 of the Environmental Protection Act;
(e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code during a
period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof,
Section 11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012; (2) driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof
and has been previously convicted of reckless homicide or a

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similar provision of a law of another state relating to
reckless homicide in which the person was determined to have
been under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds as an element of the offense
or the person has previously been convicted of committing a
violation of driving under the influence of alcohol or other
drug or drugs, intoxicating compound or compounds or any
combination thereof and was involved in a motor vehicle
accident that resulted in death, great bodily harm, or
permanent disability or disfigurement to another, when the
violation was a proximate cause of the death or injuries; (3)
the person committed a violation of driving under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds or any combination thereof under Section 11-501 of
the Illinois Vehicle Code or a similar provision for the third
or subsequent time; (4) the person committed the violation
while he or she did not possess a driver's license or permit or
a restricted driving permit or a judicial driving permit or a
monitoring device driving permit; or (5) the person committed
the violation while he or she knew or should have known that
the vehicle he or she was driving was not covered by a
liability insurance policy; (g) an offense described in
subsection (g) of Section 6-303 of the Illinois Vehicle Code;
or (h) an offense described in subsection (e) of Section 6-101
of the Illinois Vehicle Code; (i) home repair fraud as defined
in Section 3 of the Home Repair Fraud Act; or (j) aggravated

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home repair fraud as defined in Section 5 of the Home Repair
Fraud Act; may be seized and delivered forthwith to the sheriff
of the county of seizure.
Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.

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When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in
violations of clauses (a), (b), (c), or (d) of this Section.
If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
11-501 of the Illinois Vehicle Code, or Section 9-3 of this
Code makes a showing that the seized vehicle is the only source
of transportation and it is determined that the financial
hardship to the family as a result of the seizure outweighs the
benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member who
is properly licensed and who requires the use of the vehicle
for employment or family transportation purposes. A written
declaration of forfeiture of a vehicle under this Section shall
be sufficient cause for the title to be transferred to the
spouse or family member. The provisions of this paragraph shall
apply only to one forfeiture per vehicle. If the vehicle is the
subject of a subsequent forfeiture proceeding by virtue of a

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subsequent conviction of either spouse or the family member,
the spouse or family member to whom the vehicle was forfeited
under the first forfeiture proceeding may not utilize the
provisions of this paragraph in another forfeiture proceeding.
If the owner of the vehicle seized owns more than one vehicle,
the procedure set out in this paragraph may be used for only
one vehicle.
Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551,
Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".