2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 36 - Seizure And Forfeiture Of Vessels, Vehicles And Aircraft
(720 ILCS 5/Art. 36 heading) ARTICLE 36. SEIZURE AND FORFEITURE OF VESSELS, VEHICLES AND AIRCRAFT
(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), (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. 93‑187, eff. 7‑11‑03; 94‑329, eff. 1‑1‑06.)
(720 ILCS 5/36‑1a)(from Ch. 38, par. 36‑1a) Sec. 36‑1a. Rights of lienholders and secured parties. The State's Attorney shall promptly release a vessel, vehicle or
aircraft seized under the provisions of this Article to any lienholder or
secured party whose right, title or interest is of record as described in
Section 36‑1 if such lienholder or secured party shows to the State's
Attorney that his lien or secured interest is bona fide and was created
without actual knowledge that such vessel, vehicle or aircraft was used or
to be used in the commission of the offense charged. (Source: Laws 1965, p. 2868.)
(720 ILCS 5/36‑2)(from Ch. 38, par. 36‑2) Sec. 36‑2. Action for forfeiture. (a) The State's Attorney in the county in which such seizure occurs
if he finds that such forfeiture was incurred without willful negligence
or without any intention on the part of the owner of the vessel, vehicle
or aircraft or any person whose right, title or interest is of record as
described in Section 36‑1, to violate the law, or finds the existence of
such mitigating circumstances as to justify remission of the forfeiture,
may cause the sheriff to remit the same upon such terms and conditions
as the State's Attorney deems reasonable and just. The State's Attorney
shall exercise his discretion under the foregoing provision of this
Section 36‑2(a) promptly after notice is given in accordance with
Section 36‑1. If the State's Attorney does not cause the forfeiture to
be remitted he shall forthwith bring an action for forfeiture in the
Circuit Court within whose jurisdiction the seizure and confiscation has
taken place. The State's Attorney shall give notice of the forfeiture
proceeding by mailing a copy of the Complaint in the forfeiture
proceeding to the persons, and upon the manner, set forth in Section
36‑1. The owner of the seized vessel, vehicle or aircraft or any person
whose right, title, or interest is of record as described in Section
36‑1, may within 20 days after the mailing of such notice file a
verified answer to the Complaint and may appear at the hearing on the
action for forfeiture. The State shall show at such hearing by a
preponderance of the evidence, that such vessel, vehicle or aircraft was
used in the commission of an offense described in Section 36‑1. The
owner of such vessel, vehicle or aircraft or any person whose right,
title, or interest is of record as described in Section 36‑1, may show
by a preponderance of the evidence that he did not know, and did not
have reason to know, that the vessel, vehicle or aircraft was to be used
in the commission of such an offense or that any of the exceptions set
forth in Section 36‑3 are applicable. Unless the State shall make such
showing, the Court shall order such vessel, vehicle or aircraft released
to the owner. Where the State has made such showing, the Court may order
the vessel, vehicle or aircraft destroyed; may order it delivered to
any local, municipal or county law enforcement agency, or the Department
of State Police or the Department of Revenue of
the State of Illinois;
or may order it sold at
public auction. (b) A copy of the order shall be filed with the sheriff of the
county in which the seizure occurs and with each Federal or State office
or agency with which such vessel, vehicle or aircraft is required to be
registered. Such order, when filed, constitutes authority for the
issuance of clear title to such vehicle, aircraft, or boat to the
department or agency to whom it is delivered or any purchaser thereof.
The sheriff shall comply promptly with instructions to remit received
from the State's Attorney or Attorney General in accordance with
Sections 36‑2(a) or 36‑3. (c) The proceeds of any sale at public auction pursuant to Section
36‑2 of this Act, after payment of all liens and deduction of the
reasonable charges and expenses incurred by the sheriff in storing and
selling such vehicle, shall be paid into the general fund of the county
of seizure. (Source: P.A. 84‑25.)
(720 ILCS 5/36‑3)(from Ch. 38, par. 36‑3) Sec. 36‑3. Exceptions to forfeiture. (a) No vessel, vehicle, or aircraft used by any person as a common
carrier in the transaction of business as such common carrier may be
forfeited under the provisions of Section 36‑2 unless it appears that (1)
in the case of a railway car or engine, the owner, or (2) in the case of
any other such vessel, vehicle or aircraft, the owner or the master of such
vessel or the owner or conductor, driver, pilot, or other person in charge
of such vehicle or aircraft was at the time of the alleged illegal act a
consenting party or privy thereto. (b) No vessel, vehicle, or aircraft shall be forfeited under the
provisions of Section 36‑2 by reason of any act or omission established by
the owner thereof to have been committed or omitted by any person other
than such owner while such vessel, vehicle, or aircraft was unlawfully in
the possession of a person who acquired possession thereof in violation of
the criminal laws of the United States, or of any state. (Source: Laws 1965, p. 2868.)
(720 ILCS 5/36‑4)(from Ch. 38, par. 36‑4) Sec. 36‑4. Remission by Attorney General. Whenever any owner of, or other person interested in, a vessel, vehicle,
or aircraft seized under the provisions of this Act files with the Attorney
General before the sale or destruction of such vessel, vehicle, or
aircraft, a petition for the remission of such forfeiture the Attorney
General if he finds that such forfeiture was incurred without willful
negligence or without any intention on the part of the owner or any person
whose right, title or interest is of record as described in Section 36‑1,
to violate the law, or finds the existence of such mitigating circumstances
as to justify the remission of forfeiture, may cause the same to be
remitted upon such terms and conditions as he deems reasonable and just, or
order discontinuance of any forfeiture proceeding relating thereto. (Source: Laws 1965, p. 2868.)
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