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91_HB4231eng HB4231 Engrossed LRB9112002RCpk 1 AN ACT in relation to streetgangs. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 36-1 and 37-1 as follows: 6 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) 7 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft 8 used with the knowledge and consent of the owner in the 9 commission of, or in the attempt to commit as defined in 10 Section 8-4 of this Code, an offense prohibited by (a) 11 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 12 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 13 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or 14 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d) 15 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or 16 26 of the Cigarette Tax Act if the vessel, vehicle or 17 aircraft contains more than 10 cartons of such cigarettes; 18 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the 19 vessel, vehicle or aircraft contains more than 10 cartons of 20 such cigarettes; (d) Section 44 of the Environmental 21 Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; or 22 (f) the offenses described in the following provisions of the 23 Illinois Vehicle Code: Section 11-501 subdivisions (c-1)(1), 24 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be seized 25 and delivered forthwith to the sheriff of the county of 26 seizure. 27 Within 15 days after such delivery the sheriff shall give 28 notice of seizure to each person according to the following 29 method: Upon each such person whose right, title or interest 30 is of record in the office of the Secretary of State, the 31 Secretary of Transportation, the Administrator of the Federal HB4231 Engrossed -2- LRB9112002RCpk 1 Aviation Agency, or any other Department of this State, or 2 any other state of the United States if such vessel, vehicle 3 or aircraft is required to be so registered, as the case may 4 be, by mailing a copy of the notice by certified mail to the 5 address as given upon the records of the Secretary of State, 6 the Department of Aeronautics, Department of Public Works and 7 Buildings or any other Department of this State or the United 8 States if such vessel, vehicle or aircraft is required to be 9 so registered. Within that 15 day period the sheriff shall 10 also notify the State's Attorney of the county of seizure 11 about the seizure. 12 In addition, any mobile or portable equipment used in the 13 commission of an act which is in violation of Section 7g of 14 the Metropolitan Water Reclamation District Act shall be 15 subject to seizure and forfeiture under the same procedures 16 provided in this Article for the seizure and forfeiture of 17 vessels, vehicles and aircraft, and any such equipment shall 18 be deemed a vessel, vehicle or aircraft for purposes of this 19 Article. 20 When a person discharges a firearm at another individual 21 from a vehicle with the knowledge and consent of the owner of 22 the vehicle and with the intent to cause death or great 23 bodily harm to that individual and as a result causes death 24 or great bodily harm to that individual, the vehicle shall be 25 subject to seizure and forfeiture under the same procedures 26 provided in this Article for the seizure and forfeiture of 27 vehicles used in violations of clauses (a), (b), (c), or (d) 28 of this Section. 29 If the spouse of the owner of a vehicle seized for a 30 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3), 31 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois 32 Vehicle Code or Section 9-3 of this Code makes a showing that 33 the seized vehicle is the only source of transportation and 34 it is determined that the financial hardship to the family as HB4231 Engrossed -3- LRB9112002RCpk 1 a result of the seizure outweighs the benefit to the State 2 from the seizure, the vehicle may be forfeited to the spouse 3 or family member and the title to the vehicle shall be 4 transferred to the spouse or family member who is properly 5 licensed and who requires the use of the vehicle for 6 employment or family transportation purposes. A written 7 declaration of forfeiture of a vehicle under this Section 8 shall be sufficient cause for the title to be transferred to 9 the spouse or family member. The provisions of this 10 paragraph shall apply only to one forfeiture per vehicle. If 11 the vehicle is the subject of a subsequent forfeiture 12 proceeding by virtue of a subsequent conviction of either 13 spouse or the family member, the spouse or family member to 14 whom the vehicle was forfeited under the first forfeiture 15 proceeding may not utilize the provisions of this paragraph 16 in another forfeiture proceeding. If the owner of the 17 vehicle seized owns more than one vehicle, the procedure set 18 out in this paragraph may be used for only one vehicle. 19 Property declared contraband under Section 40 of the 20 Illinois Streetgang Terrorism Omnibus Prevention Act may be 21 seized and forfeited under this Article. 22 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98; 23 90-655, eff. 7-30-98; 90-738, eff. 1-1-99.) 24 (720 ILCS 5/37-1) (from Ch. 38, par. 37-1) 25 Sec. 37-1. Maintaining Public Nuisance. Any building used 26 in the commission of offenses prohibited by Sections 9-1, 27 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 28 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1 (a) (1), 24-1 29 (a) (7), 24-3, 28-1, 28-3, 31-5 or 39A-1 of the"Criminal 30 Code of 1961", approved July 28, 1961, as heretofore and31hereafter amended, or prohibited by the"Illinois Controlled 32 Substances Act", or the"Cannabis Control Act" enacted by the3377th General Assembly, as heretofore and hereafter amended, HB4231 Engrossed -4- LRB9112002RCpk 1 or used in the commission of an inchoate offense relative to 2 any of the aforesaid principal offenses, or any real property 3 erected, established, maintained, owned, leased, or used by a 4 streetgang for the purpose of conducting streetgang related 5 activity as defined in Section 10 of the Illinois Streetgang 6 Terrorism Omnibus Prevention Act is a public nuisance. 7 (b) Sentence. A person convicted of knowingly 8 maintaining such a public nuisance commits a Class A 9 misdemeanor. Each subsequent offense under this Section is a 10 Class 4 felony. 11 (Source: P.A. 85-384.) 12 Section 10. The Illinois Streetgang Terrorism Omnibus 13 Prevention Act is amended by adding Sections 40 and 45 as 14 follows: 15 (740 ILCS 147/40 new) 16 Sec. 40. Contraband. 17 (a) The following are declared to be contraband and no 18 person shall have a property interest in them: 19 (1) any property that is directly or indirectly used 20 or intended for use in any manner to facilitate 21 streetgang related activity; and 22 (2) any property constituting or derived from gross 23 profits or other proceeds obtained from streetgang 24 related activity. 25 (b) Within 60 days of the date of the seizure of 26 contraband under this Section, the State's Attorney shall 27 initiate forfeiture proceedings as provided in Article 36 of 28 the Criminal Code of 1961. An owner or person who has a lien 29 on the property may establish as a defense to the forfeiture 30 of property that is subject to forfeiture under this Section 31 that the owner or lienholder had no knowledge that the 32 property was acquired through a pattern of streetgang related HB4231 Engrossed -5- LRB9112002RCpk 1 activity. Property that is forfeited under this Section 2 shall be disposed of as provided in Article 36 of the 3 Criminal Code of 1961 for the forfeiture of vehicles, 4 vessels, and aircraft. The proceeds of the disposition shall 5 be paid to the Gang Violence Victims and Witnesses Fund to be 6 used to assist in the prosecution of gang crimes. 7 (740 ILCS 147/45 new) 8 Sec. 45. Abatement as public nuisance. 9 (a) Any real property that is erected, established, 10 maintained, owned, leased, or used by any streetgang for the 11 purpose of conducting streetgang related activity constitutes 12 a public nuisance and may be abated as provided in Article 37 13 of the Criminal Code of 1961 relating to public nuisances. 14 (b) An action to abate a nuisance under this Section may 15 be brought by the State's Attorney of the county where the 16 seizure occurred. 17 (c) Any person who is injured by reason of streetgang 18 related activity shall have a cause of action for 3 times the 19 actual damages sustained and, if appropriate, punitive 20 damages; however, no cause of action shall arise under this 21 subsection (c) as a result of an otherwise legitimate 22 commercial transaction between parties to a contract or 23 agreement for the sale of lawful goods or property or the 24 sale of securities regulated by the Illinois Securities Law 25 of 1953 or by the federal Securities and Exchange Commission. 26 The person shall also recover reasonable attorney's fees, 27 costs, and expenses.