Bill Text: IL HB5053 | 2023-2024 | 103rd General Assembly | Introduced

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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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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5053 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-506
720 ILCS 5/36-1 from Ch. 38, par. 36-1
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.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 11-506 as follows:
(625 ILCS 5/11-506)
Sec. 11-506. Street racing; aggravated street racing;
street sideshows.
(a) No person shall engage in street racing on any street
or highway of this State.
(a-5) No person shall engage in a street sideshow on any
street or highway of this State.
(b) No owner of any vehicle shall acquiesce in or permit
his or her vehicle to be used by another for the purpose of
street racing or a street sideshow.
(b-5) A person may not knowingly interfere with or cause
the movement of traffic to slow or stop for the purpose of
facilitating street racing or a street sideshow.
(b-7) 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.
(c) For the purposes of this Section:
"Acquiesce" or "permit" means actual knowledge that the

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motor vehicle was to be used for the purpose of street racing.
"Motor vehicle stunt" includes, but is not limited to,
operating a vehicle in a manner that causes the vehicle to
slide or spin, driving within the proximity of a gathering of
persons, performing maneuvers to demonstrate the performance
capability of the motor vehicle, or maneuvering the vehicle in
an attempt to elicit a reaction from a gathering of persons.
"Street racing" means:
(1) The operation of 2 or more vehicles from a point
side by side at accelerating speeds in a competitive
attempt to outdistance each other; or
(2) The operation of one or more vehicles over a
common selected course, each starting at the same point,
for the purpose of comparing the relative speeds or power
of acceleration of such vehicle or vehicles within a
certain distance or time limit; or
(3) The use of one or more vehicles in an attempt to
outgain or outdistance another vehicle; or
(4) The use of one or more vehicles to prevent another
vehicle from passing; or
(5) The use of one or more vehicles to arrive at a
given destination ahead of another vehicle or vehicles; or
(6) The use of one or more vehicles to test the
physical stamina or endurance of drivers over
long-distance driving routes.
"Street sideshow" means an event in which one or more

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vehicles block or impede traffic on a street or highway, for
the purpose of performing unauthorized motor vehicle stunts,
motor vehicle speed contests, or motor vehicle exhibitions of
speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
subsection (a), (a-5), or (b-5), or (b-7) shall be guilty
of a Class A misdemeanor for the first offense and shall be
subject to a minimum fine of $250 and forfeiture of the
vehicle used in violation of this Section. Any person
convicted of a violation of subsection (a), (a-5), or
(b-5) a second or subsequent time shall be guilty of a
Class 4 felony and shall be subject to a minimum fine of
$500. The driver's license of any person convicted of
subsection (a) shall be revoked in the manner provided by
Section 6-205 of this Code.
(2) Any person who is convicted of a violation of
subsection (b) shall be guilty of a Class B misdemeanor.
Any person who is convicted of subsection (b) for a second
or subsequent time shall be guilty of a Class A
misdemeanor.
(3) Every person convicted of committing a violation
of subsection (a) of this Section shall be guilty of
aggravated street racing if the person, in committing a
violation of subsection (a) was involved in a motor
vehicle crash that resulted in great bodily harm or

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permanent disability or disfigurement to another, where
the violation was a proximate cause of the injury.
Aggravated street racing is a Class 4 felony for which the
defendant, if sentenced to a term of imprisonment, shall
be sentenced to not less than one year nor more than 12
years.
(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23.)
Section 10. 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. Property subject to forfeiture.
(a) Any vessel or watercraft, vehicle, or aircraft is
subject to forfeiture under this Article if the vessel or
watercraft, vehicle, or aircraft is 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:
(1) an offense prohibited by Section 9-1 (first degree
murder), Section 9-3 (involuntary manslaughter and
reckless homicide), Section 10-2 (aggravated kidnaping),
Section 11-1.20 (criminal sexual assault), Section 11-1.30
(aggravated criminal sexual assault), Section 11-1.40
(predatory criminal sexual assault of a child), subsection
(a) of Section 11-1.50 (criminal sexual abuse), subsection

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(a), (c), or (d) of Section 11-1.60 (aggravated criminal
sexual abuse), Section 11-6 (indecent solicitation of a
child), Section 11-14.4 (promoting juvenile prostitution
except for keeping a place of juvenile prostitution),
Section 11-20.1 (child pornography), paragraph (a)(1),
(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
(aggravated battery), Section 12-7.3 (stalking), Section
12-7.4 (aggravated stalking), Section 16-1 (theft if the
theft is of precious metal or of scrap metal), subdivision
(f)(2) or (f)(3) of Section 16-25 (retail theft), Section
18-2 (armed robbery), Section 19-1 (burglary), Section
19-2 (possession of burglary tools), Section 19-3
(residential burglary), Section 20-1 (arson; residential
arson; place of worship arson), Section 20-2 (possession
of explosives or explosive or incendiary devices),
subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
of weapons), Section 24-1.2 (aggravated discharge of a
firearm), Section 24-1.2-5 (aggravated discharge of a
machine gun or a firearm equipped with a device designed
or used for silencing the report of a firearm), Section
24-1.5 (reckless discharge of a firearm), Section 28-1
(gambling), or Section 29D-15.2 (possession of a deadly
substance) of this Code;
(2) an offense prohibited by Section 21, 22, 23, 24 or
26 of the Cigarette Tax Act if the vessel or watercraft,

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vehicle, or aircraft contains more than 10 cartons of such
cigarettes;
(3) an offense prohibited by 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;
(4) an offense prohibited by Section 44 of the
Environmental Protection Act;
(5) an offense prohibited by Section 11-204.1 of the
Illinois Vehicle Code (aggravated fleeing or attempting to
elude a peace officer);
(6) an offense prohibited by Section 11-501 of the
Illinois Vehicle Code (driving while under the influence
of alcohol or other drug or drugs, intoxicating compound
or compounds or any combination thereof) or a similar
provision of a local ordinance, and:
(A) during a period in which his or her driving
privileges are revoked or suspended if the revocation
or suspension was for:
(i) Section 11-501 (driving under the
influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any
combination thereof),
(ii) Section 11-501.1 (statutory summary
suspension or revocation),
(iii) paragraph (b) of Section 11-401 (motor

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vehicle crashes involving death or personal
injuries), or
(iv) reckless homicide as defined in Section
9-3 of this Code;
(B) 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, intoxicating compound or
compounds or any combination thereof and was involved
in a motor vehicle crash 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;
(C) 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;
(D) he or she did not possess a valid driver's
license or permit or a valid restricted driving permit

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or a valid judicial driving permit or a valid
monitoring device driving permit; or
(E) he or she knew or should have known that the
vehicle he or she was driving was not covered by a
liability insurance policy;
(7) an offense described in subsection (g) of Section
6-303 of the Illinois Vehicle Code;
(8) an offense described in subsection (e) of Section
6-101 of the Illinois Vehicle Code; or
(9)(A) 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 thereof; (B) 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

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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 (C) 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;
or
.
(10) an offense described in Section 11-506 of the
Illinois Vehicle Code.
(b) 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.
(c) In addition, 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

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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 (1),
(2), (3), or (4) of subsection (a) of this Section.
(d) 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

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