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91_HB4231ham001
LRB9112002RCpkam
1 AMENDMENT TO HOUSE BILL 4231
2 AMENDMENT NO. . Amend House Bill 4231 by replacing
3 the title with the following:
4 "AN ACT in relation to streetgangs."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 changing Sections 36-1 and 37-1 as follows:
9 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
10 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
11 used with the knowledge and consent of the owner in the
12 commission of, or in the attempt to commit as defined in
13 Section 8-4 of this Code, an offense prohibited by (a)
14 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
15 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
16 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
17 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
18 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
19 26 of the Cigarette Tax Act if the vessel, vehicle or
20 aircraft contains more than 10 cartons of such cigarettes;
21 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
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1 vessel, vehicle or aircraft contains more than 10 cartons of
2 such cigarettes; (d) Section 44 of the Environmental
3 Protection Act; (e) 11-204.1 of the Illinois Vehicle Code; or
4 (f) the offenses described in the following provisions of the
5 Illinois Vehicle Code: Section 11-501 subdivisions (c-1)(1),
6 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be seized
7 and delivered forthwith to the sheriff of the county of
8 seizure.
9 Within 15 days after such delivery the sheriff shall give
10 notice of seizure to each person according to the following
11 method: Upon each such person whose right, title or interest
12 is of record in the office of the Secretary of State, the
13 Secretary of Transportation, the Administrator of the Federal
14 Aviation Agency, or any other Department of this State, or
15 any other state of the United States if such vessel, vehicle
16 or aircraft is required to be so registered, as the case may
17 be, by mailing a copy of the notice by certified mail to the
18 address as given upon the records of the Secretary of State,
19 the Department of Aeronautics, Department of Public Works and
20 Buildings or any other Department of this State or the United
21 States if such vessel, vehicle or aircraft is required to be
22 so registered. Within that 15 day period the sheriff shall
23 also notify the State's Attorney of the county of seizure
24 about the seizure.
25 In addition, any mobile or portable equipment used in the
26 commission of an act which is in violation of Section 7g of
27 the Metropolitan Water Reclamation District Act shall be
28 subject to seizure and forfeiture under the same procedures
29 provided in this Article for the seizure and forfeiture of
30 vessels, vehicles and aircraft, and any such equipment shall
31 be deemed a vessel, vehicle or aircraft for purposes of this
32 Article.
33 When a person discharges a firearm at another individual
34 from a vehicle with the knowledge and consent of the owner of
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1 the vehicle and with the intent to cause death or great
2 bodily harm to that individual and as a result causes death
3 or great bodily harm to that individual, the vehicle shall be
4 subject to seizure and forfeiture under the same procedures
5 provided in this Article for the seizure and forfeiture of
6 vehicles used in violations of clauses (a), (b), (c), or (d)
7 of this Section.
8 If the spouse of the owner of a vehicle seized for a
9 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
10 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
11 Vehicle Code or Section 9-3 of this Code makes a showing that
12 the seized vehicle is the only source of transportation and
13 it is determined that the financial hardship to the family as
14 a result of the seizure outweighs the benefit to the State
15 from the seizure, the vehicle may be forfeited to the spouse
16 or family member and the title to the vehicle shall be
17 transferred to the spouse or family member who is properly
18 licensed and who requires the use of the vehicle for
19 employment or family transportation purposes. A written
20 declaration of forfeiture of a vehicle under this Section
21 shall be sufficient cause for the title to be transferred to
22 the spouse or family member. The provisions of this
23 paragraph shall apply only to one forfeiture per vehicle. If
24 the vehicle is the subject of a subsequent forfeiture
25 proceeding by virtue of a subsequent conviction of either
26 spouse or the family member, the spouse or family member to
27 whom the vehicle was forfeited under the first forfeiture
28 proceeding may not utilize the provisions of this paragraph
29 in another forfeiture proceeding. If the owner of the
30 vehicle seized owns more than one vehicle, the procedure set
31 out in this paragraph may be used for only one vehicle.
32 Property declared contraband under Section 40 of the
33 Illinois Streetgang Terrorism Omnibus Prevention Act may be
34 seized and forfeited under this Article.
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1 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
2 90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)
3 (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
4 Sec. 37-1. Maintaining Public Nuisance. Any building used
5 in the commission of offenses prohibited by Sections 9-1,
6 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1,
7 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1 (a) (1), 24-1
8 (a) (7), 24-3, 28-1, 28-3, 31-5 or 39A-1 of the "Criminal
9 Code of 1961", approved July 28, 1961, as heretofore and
10 hereafter amended, or prohibited by the "Illinois Controlled
11 Substances Act", or the "Cannabis Control Act" enacted by the
12 77th General Assembly, as heretofore and hereafter amended,
13 or used in the commission of an inchoate offense relative to
14 any of the aforesaid principal offenses, or any real property
15 erected, established, maintained, owned, leased, or used by a
16 streetgang for the purpose of conducting streetgang related
17 activity as defined in Section 10 of the Illinois Streetgang
18 Terrorism Omnibus Prevention Act is a public nuisance.
19 (b) Sentence. A person convicted of knowingly
20 maintaining such a public nuisance commits a Class A
21 misdemeanor. Each subsequent offense under this Section is a
22 Class 4 felony.
23 (Source: P.A. 85-384.)
24 Section 10. The Illinois Streetgang Terrorism Omnibus
25 Prevention Act is amended by adding Sections 40 and 45 as
26 follows:
27 (740 ILCS 147/40 new)
28 Sec. 40. Contraband.
29 (a) The following are declared to be contraband and no
30 person shall have a property interest in them:
31 (1) any property that is directly or indirectly used
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1 or intended for use in any manner to facilitate
2 streetgang related activity; and
3 (2) any property constituting or derived from gross
4 profits or other proceeds obtained from streetgang
5 related activity.
6 (b) Within 60 days of the date of the seizure of
7 contraband under this Section, the State's Attorney shall
8 initiate forfeiture proceedings as provided in Article 36 of
9 the Criminal Code of 1961. An owner or person who has a lien
10 on the property may establish as a defense to the forfeiture
11 of property that is subject to forfeiture under this Section
12 that the owner or lienholder had no knowledge that the
13 property was acquired through a pattern of streetgang related
14 activity. Property that is forfeited under this Section
15 shall be disposed of as provided in Article 36 of the
16 Criminal Code of 1961 for the forfeiture of vehicles,
17 vessels, and aircraft. The proceeds of the disposition shall
18 be paid to the Gang Violence Victims and Witnesses Fund to be
19 used to assist in the prosecution of gang crimes.
20 (740 ILCS 147/45 new)
21 Sec. 45. Abatement as public nuisance.
22 (a) Any real property that is erected, established,
23 maintained, owned, leased, or used by any streetgang for the
24 purpose of conducting streetgang related activity constitutes
25 a public nuisance and may be abated as provided in Article 37
26 of the Criminal Code of 1961 relating to public nuisances.
27 (b) An action to abate a nuisance under this Section may
28 be brought by the State's Attorney of the county where the
29 seizure occurred.
30 (c) Any person who is injured by reason of streetgang
31 related activity shall have a cause of action for 3 times the
32 actual damages sustained and, if appropriate, punitive
33 damages; however, no cause of action shall arise under this
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1 subsection (c) as a result of an otherwise legitimate
2 commercial transaction between parties to a contract or
3 agreement for the sale of lawful goods or property or the
4 sale of securities regulated by the Illinois Securities Law
5 of 1953 or by the federal Securities and Exchange Commission.
6 The person shall also recover reasonable attorney's fees,
7 costs, and expenses.".