99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2953
 
Introduced 2/18/2016, by Sen. Jason A. Barickman
 
SYNOPSIS AS INTRODUCED:



  
720 ILCS 5/36-1 from Ch. 38, par. 36-1

 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.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB2953LRB099 18135 SLF 42501 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 36-1 as follows:




6 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)



7 Sec. 36-1. Seizure. 
8 (a) Any vessel or watercraft, vehicle, or aircraft may be 
9seized and impounded by the law enforcement agency if the 
10vessel or watercraft, vehicle, or aircraft is used with the 
11knowledge
and consent of the owner in the commission of or in 
12the attempt to commit as
defined in Section 8-4 of this Code: 
13  (1) an offense prohibited by Section 9-1 (first degree 
14 murder), Section
9-3 (involuntary manslaughter and 
15 reckless homicide), Section
10-2 (aggravated kidnaping), 
16 Section 11-1.20 (criminal sexual assault), Section 11-1.30 
17 (aggravated criminal sexual assault), Section 11-1.40 
18 (predatory criminal sexual assault of a child), subsection 
19 (a) of Section 11-1.50 (criminal sexual abuse), subsection 
20 (a), (c), or (d) of Section 11-1.60 (aggravated criminal 
21 sexual abuse), Section 11-6 (indecent solicitation of a 
22 child), Section 11-14.4 (promoting juvenile prostitution 
23 except for keeping a place of juvenile prostitution), 
 
 
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1 Section 11-20.1 (child pornography), paragraph (a)(1), 
2 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), 
3 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 
4 (aggravated battery), Section
12-7.3 (stalking), Section 
5 12-7.4 (aggravated stalking), Section
16-1 (theft if the 
6 theft is of precious metal or of scrap metal), subdivision 
7 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 
8 18-2 (armed robbery), Section 19-1 (burglary), Section 
9 19-2 (possession of burglary tools), Section 19-3 
10 (residential burglary), Section 20-1 (arson; residential 
11 arson; place of worship arson), Section 20-2 (possession of 
12 explosives or explosive or incendiary devices), 
13 subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use 
14 of weapons), Section
24-1.2 (aggravated discharge of a 
15 firearm), Section
24-1.2-5 (aggravated discharge of a 
16 machine gun or a firearm equipped with a device designed or 
17 used for silencing the report of a firearm), Section
24-1.5 
18 (reckless discharge of a firearm), Section 28-1 
19 (gambling), or Section 29D-15.2 (possession of a deadly 
20 substance) of this Code;
21  (2) an offense prohibited by Section 21, 22, 23, 24 or 
22 26 of the Cigarette Tax
Act if the vessel or watercraft, 
23 vehicle, or aircraft contains more than 10 cartons of
such 
24 cigarettes;
25  (3) an offense prohibited by Section 28, 29, or 30 of 
26 the Cigarette Use 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  (4) an offense prohibited by Section 44 of the 
4 Environmental Protection Act;
5  (5) an offense prohibited by
Section 11-204.1
of the 
6 Illinois Vehicle Code (aggravated fleeing or attempting to 
7 elude a peace officer);
8  (6) an offense prohibited by Section 11-501 of the 
9 Illinois Vehicle Code (driving while under the influence of 
10 alcohol or other drug or drugs, intoxicating compound or 
11 compounds or any combination thereof) or a similar 
12 provision of a local ordinance, and:
13   (A) during a period in which his
or her driving 
14 privileges are revoked or suspended if
the revocation 
15 or suspension was for:
16    (i) Section 11-501 (driving under the 
17 influence of alcohol or other drug or drugs, 
18 intoxicating compound or compounds or any

19 combination thereof), 
20    (ii) Section 11-501.1 (statutory summary 
21 suspension or revocation),
22    (iii) paragraph (b) of Section
11-401 (motor 
23 vehicle accidents involving death or personal 
24 injuries), or
25    (iv) reckless homicide as defined in Section 
26 9-3
of this Code;
 
 
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1   (B) has been previously convicted of reckless 
2 homicide or a similar provision of a law of another 
3 state relating to reckless homicide in which the person 
4 was determined to have been under the influence of 
5 alcohol, other drug or drugs, or intoxicating compound 
6 or compounds as an element of the offense or the person 
7 has previously been convicted of committing a 
8 violation of
driving under the influence of alcohol or 
9 other drug or drugs, intoxicating compound or 
10 compounds or any
combination thereof and was involved 
11 in a motor vehicle accident that resulted in death, 
12 great bodily harm, or permanent disability or 
13 disfigurement to another, when the violation was a 
14 proximate cause of the death or injuries;
15   (C) the person committed a violation of driving 
16 under the influence of alcohol or other drug or drugs, 
17 intoxicating compound or compounds or any
combination 
18 thereof under Section 11-501 of the Illinois Vehicle 
19 Code or a similar provision for the third or subsequent

20 time;
21   (D) he
or she did not possess a valid driver's 
22 license or permit or a valid restricted driving permit 
23 or a valid judicial driving permit or a valid 
24 monitoring device driving permit; or
25   (E) he or she knew or should have known that the 
26 vehicle he or she was driving was not covered by a 
 
 
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1 liability insurance policy;
2  (7) an offense described in subsection (g) of Section 
3 6-303 of the
Illinois Vehicle Code;
4  (8) an offense described in subsection (e) of
Section 
5 6-101 of the Illinois Vehicle Code; or
6  (9)(A) operating a watercraft under the influence of 
7 alcohol, other drug or drugs, intoxicating compound or 
8 compounds, or combination thereof under Section 5-16 of the 
9 Boat Registration and Safety Act during a period in which 
10 his or her privileges to operate a watercraft are revoked 
11 or suspended and the revocation or suspension was for 
12 operating a watercraft under the influence of alcohol, 
13 other drug or drugs, intoxicating compound or compounds, or 
14 combination thereof; (B) operating a watercraft under the 
15 influence of alcohol, other drug or drugs, intoxicating 
16 compound or compounds, or combination thereof and has been 
17 previously convicted of reckless homicide or a similar 
18 provision of a law in another state relating to reckless 
19 homicide in which the person was determined to have been 
20 under the influence of alcohol, other drug or drugs, 
21 intoxicating compound or compounds, or combination thereof 
22 as an element of the offense or the person has previously 
23 been convicted of committing a violation of operating a 
24 watercraft under the influence of alcohol, other drug or 
25 drugs, intoxicating compound or compounds, or combination 
26 thereof and was involved in an accident that resulted in 
 
 
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1 death, great bodily harm, or permanent disability or 
2 disfigurement to another, when the violation was a 
3 proximate cause of the death or injuries; or (C) the person 
4 committed a violation of operating a watercraft under the 
5 influence of alcohol, other drug or drugs, intoxicating 
6 compound or compounds, or combination thereof under 
7 Section 5-16 of the Boat Registration and Safety Act or a 
8 similar provision for the third or subsequent time; .

9  (10) home repair fraud as defined in Section 3 of the 
10 Home Repair Fraud Act; or
11  (11) aggravated home repair fraud as defined in Section 
12 5 of the Home Repair Fraud Act. 
13 (b) In addition, any mobile or portable equipment used in 
14the commission of an
act which is in violation of Section 7g of 
15the Metropolitan Water Reclamation
District Act shall be 
16subject to seizure and forfeiture under the same
procedures 
17provided in this Article for the seizure and forfeiture of 
18vessels or watercraft,
vehicles, and aircraft, and any such 
19equipment shall be deemed a vessel or watercraft, vehicle,
or 
20aircraft for purposes of this Article.

21 (c) In addition, when a person discharges a firearm at 
22another individual from a vehicle with
the knowledge and 
23consent of the owner of the vehicle and with the intent to

24cause death or great bodily harm to that individual and as a 
25result causes
death or great bodily harm to that individual, 
26the vehicle shall be subject to
seizure and forfeiture under 
 
 
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1the same procedures provided in this Article for
the seizure 
2and forfeiture of vehicles used in violations of clauses (1), 
3(2), (3), or (4) of subsection (a) of this Section.

4 (d) If the spouse of the owner of a vehicle seized for
an 
5offense described in subsection (g) of Section 6-303 of the

6Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), 
7(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section 
811-501 of the Illinois Vehicle
Code, or Section 9-3 of this

9Code makes a showing
that the seized vehicle is the only source 
10of transportation and it is
determined that the financial 
11hardship to the family as a result of the seizure
outweighs the 
12benefit to the State from the seizure, the vehicle may be

13forfeited to the spouse or family member and the title to the 
14vehicle shall be
transferred to the spouse or family member who 
15is properly licensed and who
requires the use of the vehicle 
16for employment or family transportation
purposes. A written 
17declaration of forfeiture of a vehicle under this
Section shall 
18be sufficient cause for the title to be transferred to the 
19spouse
or family member. The provisions of this paragraph shall 
20apply only to one
forfeiture per vehicle. If the vehicle is the 
21subject of a subsequent
forfeiture proceeding by virtue of a 
22subsequent conviction of either spouse or
the family member, 
23the spouse or family member to whom the vehicle was
forfeited 
24under the first forfeiture proceeding may not utilize the

25provisions of this paragraph in another forfeiture proceeding. 
26If the owner of
the vehicle seized owns more than one vehicle,

 
 
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1the procedure set out in this paragraph may be used for only 
2one vehicle.

3 (e) In addition, property declared contraband under 
4Section 40 of the Illinois Streetgang
Terrorism Omnibus 
5Prevention Act may be seized and forfeited under this
Article.

6(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14; 
799-78, eff. 7-20-15.)