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| Public Act 094-0329 |
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AN ACT concerning driving offenses.
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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 Illinois Vehicle Code is amended by changing | ||||
Section 11-501 as follows: | ||||
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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Sec. 11-501. Driving while under the influence of alcohol, | ||||
other drug or
drugs, intoxicating compound or compounds or any | ||||
combination thereof.
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(a) A person shall not drive or be in actual
physical | ||||
control of any vehicle within this State while:
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(1) the alcohol concentration in the person's blood or | ||||
breath is 0.08
or more based on the definition of blood and | ||||
breath units in Section 11-501.2;
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(2) under the influence of alcohol;
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(3) under the influence of any intoxicating compound or | ||||
combination of
intoxicating compounds to a degree that | ||||
renders the person incapable of
driving safely;
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(4) under the influence of any other drug or | ||||
combination of drugs to a
degree that renders the person | ||||
incapable of safely driving;
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(5) under the combined influence of alcohol, other drug | ||||
or drugs, or
intoxicating compound or compounds to a degree | ||||
that renders the person
incapable of safely driving; or
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(6) there is any amount of a drug, substance, or | ||||
compound in the
person's breath, blood, or urine resulting | ||||
from the unlawful use or consumption
of cannabis listed in | ||||
the Cannabis Control Act, a controlled substance listed
in | ||||
the Illinois Controlled Substances Act, or an intoxicating | ||||
compound listed
in the Use of Intoxicating Compounds Act.
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(b) The fact that any person charged with violating this | ||||
Section is or
has been legally entitled to use alcohol, other | ||||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
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(b-1) With regard to penalties imposed under this Section:
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(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
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(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
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(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
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(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
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(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
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(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
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(c) (Blank).
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(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), 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 is guilty of | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of a
Class 4 felony.
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(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
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, is guilty of aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of
a Class 3 felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of a Class 3 felony; and | ||
if the
person receives a term of
probation or conditional | ||
discharge, he or she shall be required to serve a
mandatory
| ||
minimum of 10 days of imprisonment or shall be assigned a | ||
mandatory minimum of
480 hours of community service, as may | ||
be determined by the court, as a
condition of the probation | ||
or conditional discharge. This mandatory minimum
term of | ||
imprisonment or assignment of community service shall not | ||
be suspended
or reduced by the court.
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(2.2) A person who violates subsection (a), if the
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violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, is guilty of aggravated driving | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof and shall also be sentenced to an additional
| ||
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the | ||
court. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
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(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
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, is guilty of aggravated driving under the influence | ||
of alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof and is guilty of
a | ||
Class 2 felony, and is not eligible for a sentence of | ||
probation or
conditional discharge.
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(c-2) (Blank).
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(c-3) (Blank).
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(c-4) (Blank).
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(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
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(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
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(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
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(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
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(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000
$3000, and a mandatory | ||
minimum 120 days of imprisonment. The imprisonment or
| ||
assignment of community service under this subsection (c-10) is | ||
not subject to
suspension, nor is the person eligible for a | ||
reduced sentence.
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(c-11) Any person convicted a fourth or subsequent time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
subsequent violation the person was | ||
transporting a person under the age of 16,
and if the person's | ||
3 prior violations of subsection (a) or a similar provision
| ||
occurred while transporting a person under the age of 16 or | ||
while the alcohol
concentration in his or her blood, breath, or | ||
urine was 0.16 or more based
on the definition of blood, | ||
breath, or urine units in Section 11-501.2, is
guilty of a | ||
Class 2 felony, is not eligible for probation or conditional
| ||
discharge, and is subject to a minimum fine of $3,000.
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(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
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(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
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(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
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(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
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(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
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(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
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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
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
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to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
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(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death; .
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(G) 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
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(H) 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.
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(2) Except as provided in this paragraph (2) and in | ||
paragraphs (2), (2.1), and (3) of subsection (c-1), a | ||
person convicted of
aggravated driving under
the
influence | ||
of alcohol, other drug or
drugs,
or intoxicating compound | ||
or compounds, or any
combination thereof is guilty of a | ||
Class 4 felony. For a violation of
subparagraph (C)
of
| ||
paragraph (1) of this subsection (d), the defendant, if | ||
sentenced to a term
of imprisonment, shall be sentenced
to | ||
not less than
one year nor more than 12 years.
Aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs,
or intoxicating compound or compounds, or any | ||
combination thereof as
defined in subparagraph (F) of | ||
paragraph (1) of this subsection (d) is
a Class 2 felony, | ||
for which the defendant, if sentenced to a term of
| ||
imprisonment, shall be sentenced to: (A) a
term of | ||
imprisonment of not less than 3 years and not more
than 14 | ||
years if the violation resulted in the death of one person; | ||
or
(B) a term of imprisonment of not less than 6 years and | ||
not
more than 28 years if the violation resulted in the | ||
deaths of 2 or more
persons.
For any prosecution under this | ||
subsection
(d), a certified copy of the
driving abstract of | ||
the defendant shall be admitted as proof of any prior
| ||
conviction.
Any person sentenced under this subsection (d) | ||
who receives a term of
probation
or conditional discharge | ||
must serve a minimum term of either 480 hours of
community | ||
service or 10 days of imprisonment as a condition of the | ||
probation or
conditional discharge. This mandatory minimum | ||
term of imprisonment or
assignment of community service may | ||
not be suspended or reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human | ||
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
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(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used to purchase law
| ||
enforcement equipment that will assist in the prevention of | ||
alcohol related
criminal violence throughout the State. This | ||
shall include, but is not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used to
purchase law enforcement | ||
equipment that will assist in the prevention of
alcohol related | ||
criminal violence throughout the State.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used to purchase law | ||
enforcement equipment to assist in the prevention of
alcohol | ||
related criminal violence throughout the State.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | ||
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, | ||
eff. 1-1-05; 93-840, eff. 7-30-04; revised 1-13-05.)
| ||
Section 10. The Criminal Code of 1961 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, | ||
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
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,
18-2, | ||
19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | ||
or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | ||
Code,
paragraph (a) of Section 12-15 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)
the | ||
offenses described in the
following provisions of the Illinois | ||
Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | ||
(c-1)(3),
(d)(1)(A), or (d)(1)(D), (d)(1)(G), or (d)(1)(H); | ||
(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;
| ||
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.
| ||
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 (c-1)(1), | ||
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
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 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. 92-57, eff. 1-1-02; 92-688, eff. 7-16-02; 93-187, | ||
eff.
7-11-03.)
| ||