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| Public Act 098-0699
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| SB3434 Enrolled | LRB098 17721 RLC 52837 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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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
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combination thereof under Section 11-501 of the Illinois |
Vehicle Code or a similar provision for the third or subsequent
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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
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seized and delivered forthwith to the sheriff of the county of |
seizure.
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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
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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
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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
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the county of seizure about the seizure.
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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.
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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
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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.
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If the spouse of the owner of a vehicle seized for
an |
offense described in subsection (g) of Section 6-303 of the
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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
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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
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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
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provisions of this paragraph in another forfeiture proceeding. |
If the owner of
the vehicle seized owns more than one vehicle,
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the procedure set out in this paragraph may be used for only |
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one vehicle.
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Property declared contraband under Section 40 of the |
Illinois Streetgang
Terrorism Omnibus Prevention Act may be |
seized and forfeited under this
Article.
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(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.)
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(720 ILCS 5/36-1a) (from Ch. 38, par. 36-1a)
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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
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without actual knowledge that such vessel or watercraft, |
vehicle or aircraft was used or
to be used in the commission of |
the offense charged.
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(Source: Laws 1965, p. 2868.)
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(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
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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
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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
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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
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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,
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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
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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
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public auction.
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(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.
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(Source: P.A. 84-25.)
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(720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
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Sec. 36-3. Exceptions to forfeiture.
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(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.
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(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.
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(Source: Laws 1965, p. 2868.)
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(720 ILCS 5/36-4) (from Ch. 38, par. 36-4)
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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
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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
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order discontinuance of any forfeiture proceeding relating |
thereto.
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(Source: Laws 1965, p. 2868.)
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INDEX
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Statutes amended in order of appearance
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| 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 |
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