Bill Text: IL SB3434 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Provides for the seizure and forfeiture of a watercraft used with the knowledge and consent of the owner in the commission of specified offenses. Provides for the seizure and forfeiture of a watercraft when a person operating the watercraft was (1) under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under the Boat Registration and Safety Act during a period in which his or her privileges to operate a watercraft are revoked or suspended and the revocation or suspension was for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof; (2) operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and has been previously convicted of reckless homicide or a similar provision of a law in another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof as an element of the offense or the person has previously been convicted of committing a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and was involved in an 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; or (3) the person committed a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under the Boat Registration and Safety Act or a similar provision for the third or subsequent time.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-07-07 - Public Act . . . . . . . . . 98-0699 [SB3434 Detail]

Download: Illinois-2013-SB3434-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 36-1, 36-1a, 36-2, 36-3, and 36-4 as follows:
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel or watercraft, 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, 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,

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22, 23, 24 or 26 of the Cigarette Tax Act if the vessel or
watercraft, 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 or watercraft, 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 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,

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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; or (i) (1) operating a watercraft under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof under Section
5-16 of the Boat Registration and Safety Act during a period in
which his or her privileges to operate a watercraft are revoked
or suspended and the revocation or suspension was for operating
a watercraft under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or combination

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thereof; (2) operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof and has been previously
convicted of reckless homicide or a similar provision of a law
in another state relating to reckless homicide in which the
person was determined to have been under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof as an element of the offense
or the person has previously been convicted of committing a
violation of operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof and was involved in an
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; or
(3) the person committed a violation of operating a watercraft
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination thereof
under Section 5-16 of the Boat Registration and Safety Act or a
similar provision for the third or subsequent time; 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

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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 or watercraft,
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 or watercraft, 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 or
watercraft, vehicles and aircraft, and any such equipment shall
be deemed a vessel or watercraft, vehicle or aircraft for
purposes of this Article.
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

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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
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

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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.)
(720 ILCS 5/36-1a) (from Ch. 38, par. 36-1a)
Sec. 36-1a. Rights of lienholders and secured parties. The
State's Attorney shall promptly release a vessel or watercraft,
vehicle or aircraft seized under the provisions of this Article
to any lienholder or secured party whose right, title or
interest is of record as described in Section 36-1 if such
lienholder or secured party shows to the State's Attorney that
his lien or secured interest is bona fide and was created
without actual knowledge that such vessel or watercraft,
vehicle or aircraft was used or to be used in the commission of
the offense charged.
(Source: Laws 1965, p. 2868.)
(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
Sec. 36-2. Action for forfeiture.
(a) The State's Attorney in the county in which such

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seizure occurs if he finds that such forfeiture was incurred
without willful negligence or without any intention on the part
of the owner of the vessel or watercraft, vehicle or aircraft
or any person whose right, title or interest is of record as
described in Section 36-1, to violate the law, or finds the
existence of such mitigating circumstances as to justify
remission of the forfeiture, may cause the sheriff to remit the
same upon such terms and conditions as the State's Attorney
deems reasonable and just. The State's Attorney shall exercise
his discretion under the foregoing provision of this Section
36-2(a) promptly after notice is given in accordance with
Section 36-1. If the State's Attorney does not cause the
forfeiture to be remitted he shall forthwith bring an action
for forfeiture in the Circuit Court within whose jurisdiction
the seizure and confiscation has taken place. The State's
Attorney shall give notice of the forfeiture proceeding by
mailing a copy of the Complaint in the forfeiture proceeding to
the persons, and upon the manner, set forth in Section 36-1.
The owner of the seized vessel or watercraft, vehicle or
aircraft or any person whose right, title, or interest is of
record as described in Section 36-1, may within 20 days after
the mailing of such notice file a verified answer to the
Complaint and may appear at the hearing on the action for
forfeiture. The State shall show at such hearing by a
preponderance of the evidence, that such vessel or watercraft,
vehicle or aircraft was used in the commission of an offense

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described in Section 36-1. The owner of such vessel or
watercraft, vehicle or aircraft or any person whose right,
title, or interest is of record as described in Section 36-1,
may show by a preponderance of the evidence that he did not
know, and did not have reason to know, that the vessel or
watercraft, vehicle or aircraft was to be used in the
commission of such an offense or that any of the exceptions set
forth in Section 36-3 are applicable. Unless the State shall
make such showing, the Court shall order such vessel or
watercraft, vehicle or aircraft released to the owner. Where
the State has made such showing, the Court may order the vessel
or watercraft, vehicle or aircraft destroyed; may order it
delivered to any local, municipal or county law enforcement
agency, or the Department of State Police or the Department of
Revenue of the State of Illinois; or may order it sold at
public auction.
(b) A copy of the order shall be filed with the sheriff of
the county in which the seizure occurs and with each Federal or
State office or agency with which such vessel or watercraft,
vehicle or aircraft is required to be registered. Such order,
when filed, constitutes authority for the issuance of clear
title to such vehicle, aircraft, or boat to the department or
agency to whom it is delivered or any purchaser thereof. The
sheriff shall comply promptly with instructions to remit
received from the State's Attorney or Attorney General in
accordance with Sections 36-2(a) or 36-3.

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(c) The proceeds of any sale at public auction pursuant to
Section 36-2 of this Act, after payment of all liens and
deduction of the reasonable charges and expenses incurred by
the sheriff in storing and selling such vehicle, shall be paid
into the general fund of the county of seizure.
(Source: P.A. 84-25.)
(720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
Sec. 36-3. Exceptions to 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 it appears 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 by reason of any
act or omission established by the owner thereof to have been
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

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any state.
(Source: Laws 1965, p. 2868.)
(720 ILCS 5/36-4) (from Ch. 38, par. 36-4)
Sec. 36-4. Remission by Attorney General. Whenever any
owner of, or other person interested in, a vessel or
watercraft, vehicle, or aircraft seized under the provisions of
this Act files with the Attorney General before the sale or
destruction of such vessel or watercraft, vehicle, or aircraft,
a petition for the remission of such forfeiture the Attorney
General if he finds that such forfeiture was incurred without
willful negligence or without any intention on the part of the
owner or any person whose right, title or interest is of record
as described in Section 36-1, to violate the law, or finds the
existence of such mitigating circumstances as to justify the
remission of forfeiture, may cause the same to be remitted upon
such terms and conditions as he deems reasonable and just, or
order discontinuance of any forfeiture proceeding relating
thereto.
(Source: Laws 1965, p. 2868.)
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INDEX
Statutes amended in order of appearance
720 ILCS 5/36-1 from Ch. 38, par. 36-1
720 ILCS 5/36-1a from Ch. 38, par. 36-1a
720 ILCS 5/36-2 from Ch. 38, par. 36-2
720 ILCS 5/36-3 from Ch. 38, par. 36-3
720 ILCS 5/36-4 from Ch. 38, par. 36-4