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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3434 Introduced 2/14/2014, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides for the seizure and forfeiture of a watercraft used with the knowledge
and consent of the owner in the commission of specified offenses. Provides for the seizure and forfeiture of a watercraft when a person operating the watercraft was (1) under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under the Boat Registration and Safety Act during a period in which his or her privileges to operate a watercraft are revoked or suspended and the revocation or suspension was for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof; (2) operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and has been previously convicted of reckless homicide or a similar provision of a law in another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof as an element of the offense or the person has previously been convicted of committing a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and was involved in an accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries; or (3) the person committed a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under the Boat Registration and Safety Act or a similar provision for the third or subsequent time.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Sections 36-1, 36-1a, 36-2, 36-3, and 36-4 as follows:
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| 6 | | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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| 7 | | Sec. 36-1. Seizure. Any vessel or watercraft, vehicle or |
| 8 | | aircraft used with the knowledge
and consent of the owner in |
| 9 | | the commission of, or in the attempt to commit as
defined in |
| 10 | | Section 8-4 of this Code, an offense prohibited by (a) Section |
| 11 | | 9-1,
9-3,
10-2, 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except |
| 12 | | for keeping a place of juvenile prostitution, 11-15.1, 11-19.1, |
| 13 | | 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, |
| 14 | | 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft |
| 15 | | is of precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, |
| 16 | | 20-1, 20-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this |
| 17 | | Code, subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), |
| 18 | | (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section |
| 19 | | 12-3.05,
paragraph (a) of Section 12-4 of this Code, paragraph |
| 20 | | (a) of Section 11-1.50,
paragraph (a) of Section 12-15, |
| 21 | | paragraph (a), (c), or (d) of Section 11-1.60, or paragraphs |
| 22 | | (a), (c) or (d) of Section
12-16 of this Code, or paragraph |
| 23 | | (a)(6) or (a)(7) of Section
24-1 of this Code;
(b) Section 21, |
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| 1 | | 22, 23, 24 or 26 of the Cigarette Tax
Act if the vessel or |
| 2 | | watercraft, vehicle or aircraft contains more than 10 cartons |
| 3 | | of
such cigarettes; (c) Section 28, 29 or 30 of the Cigarette |
| 4 | | Use Tax Act if
the vessel or watercraft, vehicle or aircraft |
| 5 | | contains more than 10 cartons of such
cigarettes; (d) Section |
| 6 | | 44 of the Environmental Protection Act; (e)
11-204.1
of the |
| 7 | | Illinois Vehicle Code; (f)
(1) driving under the influence of |
| 8 | | alcohol or other drug or drugs, intoxicating compound or |
| 9 | | compounds or any
combination thereof under Section 11-501 of |
| 10 | | the Illinois Vehicle Code during a period in which his
or her |
| 11 | | driving privileges are revoked or suspended where
the |
| 12 | | revocation or suspension was for driving under the influence of |
| 13 | | alcohol or other drug or drugs, intoxicating compound or |
| 14 | | compounds or any
combination thereof, Section 11-501.1, |
| 15 | | paragraph (b) of Section
11-401, or for reckless homicide as |
| 16 | | defined in Section 9-3
of the Criminal Code of 1961 or the |
| 17 | | Criminal Code of 2012; (2)
driving while under the influence of |
| 18 | | alcohol, other drug or drugs, intoxicating compound or |
| 19 | | compounds or any combination thereof and has been previously |
| 20 | | convicted of reckless homicide or a similar provision of a law |
| 21 | | of another state relating to reckless homicide in which the |
| 22 | | person was determined to have been under the influence of |
| 23 | | alcohol, other drug or drugs, or intoxicating compound or |
| 24 | | compounds as an element of the offense or the person has |
| 25 | | previously been convicted of committing a violation of
driving |
| 26 | | under the influence of alcohol or other drug or drugs, |
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| 1 | | intoxicating compound or compounds or any
combination thereof |
| 2 | | and was involved in a motor vehicle accident that resulted in |
| 3 | | death, great bodily harm, or permanent disability or |
| 4 | | disfigurement to another, when the violation was a proximate |
| 5 | | cause of the death or injuries; (3) the person committed a |
| 6 | | violation of driving under the influence of alcohol or other |
| 7 | | drug or drugs, intoxicating compound or compounds or any
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| 8 | | combination thereof under Section 11-501 of the Illinois |
| 9 | | Vehicle Code or a similar provision for the third or subsequent
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| 10 | | time; (4) the person committed the violation while he
or she |
| 11 | | did not possess a driver's license or permit or a restricted |
| 12 | | driving permit or a judicial driving permit or a monitoring |
| 13 | | device driving permit; or (5) the person committed the |
| 14 | | violation while he or she knew or should have known that the |
| 15 | | vehicle he or she was driving was not covered by a liability |
| 16 | | insurance policy; (g) an offense described in subsection (g) of |
| 17 | | Section 6-303 of the
Illinois Vehicle Code; or (h) an offense |
| 18 | | described in subsection (e) of
Section 6-101 of the Illinois |
| 19 | | Vehicle Code; or (i) (1) operating a watercraft under the |
| 20 | | influence of alcohol, other drug or drugs, intoxicating |
| 21 | | compound or compounds, or combination thereof under Section |
| 22 | | 5-16 of the Boat Registration and Safety Act during a period in |
| 23 | | which his or her privileges to operate a watercraft are revoked |
| 24 | | or suspended and the revocation or suspension was for operating |
| 25 | | a watercraft under the influence of alcohol, other drug or |
| 26 | | drugs, intoxicating compound or compounds, or combination |
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| 1 | | thereof; (2) operating a watercraft under the influence of |
| 2 | | alcohol, other drug or drugs, intoxicating compound or |
| 3 | | compounds, or combination thereof and has been previously |
| 4 | | convicted of reckless homicide or a similar provision of a law |
| 5 | | in another state relating to reckless homicide in which the |
| 6 | | person was determined to have been under the influence of |
| 7 | | alcohol, other drug or drugs, intoxicating compound or |
| 8 | | compounds, or combination thereof as an element of the offense |
| 9 | | or the person has previously been convicted of committing a |
| 10 | | violation of operating a watercraft under the influence of |
| 11 | | alcohol, other drug or drugs, intoxicating compound or |
| 12 | | compounds, or combination thereof and was involved in an |
| 13 | | accident that resulted in death, great bodily harm, or |
| 14 | | permanent disability or disfigurement to another, when the |
| 15 | | violation was a proximate cause of the death or injuries; or |
| 16 | | (3) the person committed a violation of operating a watercraft |
| 17 | | under the influence of alcohol, other drug or drugs, |
| 18 | | intoxicating compound or compounds, or combination thereof |
| 19 | | under Section 5-16 of the Boat Registration and Safety Act or a |
| 20 | | similar provision for the third or subsequent time;
may be
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| 21 | | seized and delivered forthwith to the sheriff of the county of |
| 22 | | seizure.
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| 23 | | Within 15 days after such delivery the sheriff shall give |
| 24 | | notice of seizure
to each person according to the following |
| 25 | | method: Upon each such person
whose right, title or interest is |
| 26 | | of record in the office of the Secretary
of State, the |
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| 1 | | Secretary of Transportation, the Administrator of the Federal
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| 2 | | Aviation Agency, or any other Department of this State, or any |
| 3 | | other state
of the United States if such vessel or watercraft, |
| 4 | | vehicle or aircraft is required to be
so registered, as the |
| 5 | | case may be, by mailing a copy of the notice by
certified mail |
| 6 | | to the address as given upon the records of the Secretary of
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| 7 | | State, the Department of Aeronautics, Department of Public |
| 8 | | Works and
Buildings or any other Department of this State or |
| 9 | | the United States if
such vessel or watercraft, vehicle or |
| 10 | | aircraft is required to be so registered. Within
that 15 day |
| 11 | | period the sheriff shall also notify the State's Attorney of
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| 12 | | the county of seizure about the seizure.
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| 13 | | In addition, any mobile or portable equipment used in the |
| 14 | | commission of an
act which is in violation of Section 7g of the |
| 15 | | Metropolitan Water Reclamation
District Act shall be subject to |
| 16 | | seizure and forfeiture under the same
procedures provided in |
| 17 | | this Article for the seizure and forfeiture of vessels or |
| 18 | | watercraft,
vehicles and aircraft, and any such equipment shall |
| 19 | | be deemed a vessel or watercraft, vehicle
or aircraft for |
| 20 | | purposes of this Article.
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| 21 | | When a person discharges a firearm at another individual |
| 22 | | from a vehicle with
the knowledge and consent of the owner of |
| 23 | | the vehicle and with the intent to
cause death or great bodily |
| 24 | | harm to that individual and as a result causes
death or great |
| 25 | | bodily harm to that individual, the vehicle shall be subject to
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| 26 | | seizure and forfeiture under the same procedures provided in |
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| 1 | | this Article for
the seizure and forfeiture of vehicles used in |
| 2 | | violations of clauses (a), (b),
(c), or (d) of this Section.
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| 3 | | If the spouse of the owner of a vehicle seized for
an |
| 4 | | offense described in subsection (g) of Section 6-303 of the
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| 5 | | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), |
| 6 | | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section |
| 7 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
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| 8 | | Code makes a showing
that the seized vehicle is the only source |
| 9 | | of transportation and it is
determined that the financial |
| 10 | | hardship to the family as a result of the seizure
outweighs the |
| 11 | | benefit to the State from the seizure, the vehicle may be
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| 12 | | forfeited to the spouse or family member and the title to the |
| 13 | | vehicle shall be
transferred to the spouse or family member who |
| 14 | | is properly licensed and who
requires the use of the vehicle |
| 15 | | for employment or family transportation
purposes. A written |
| 16 | | declaration of forfeiture of a vehicle under this
Section shall |
| 17 | | be sufficient cause for the title to be transferred to the |
| 18 | | spouse
or family member. The provisions of this paragraph shall |
| 19 | | apply only to one
forfeiture per vehicle. If the vehicle is the |
| 20 | | subject of a subsequent
forfeiture proceeding by virtue of a |
| 21 | | subsequent conviction of either spouse or
the family member, |
| 22 | | the spouse or family member to whom the vehicle was
forfeited |
| 23 | | under the first forfeiture proceeding may not utilize the
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| 24 | | provisions of this paragraph in another forfeiture proceeding. |
| 25 | | If the owner of
the vehicle seized owns more than one vehicle,
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| 26 | | the procedure set out in this paragraph may be used for only |
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| 1 | | one vehicle.
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| 2 | | Property declared contraband under Section 40 of the |
| 3 | | Illinois Streetgang
Terrorism Omnibus Prevention Act may be |
| 4 | | seized and forfeited under this
Article.
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| 5 | | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; |
| 6 | | 96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. |
| 7 | | 1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, |
| 8 | | Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; |
| 9 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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| 10 | | (720 ILCS 5/36-1a) (from Ch. 38, par. 36-1a)
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| 11 | | Sec. 36-1a. Rights of lienholders and secured parties. The |
| 12 | | State's Attorney shall promptly release a vessel or watercraft, |
| 13 | | vehicle or
aircraft seized under the provisions of this Article |
| 14 | | to any lienholder or
secured party whose right, title or |
| 15 | | interest is of record as described in
Section 36-1 if such |
| 16 | | lienholder or secured party shows to the State's
Attorney that |
| 17 | | his lien or secured interest is bona fide and was created
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| 18 | | without actual knowledge that such vessel or watercraft, |
| 19 | | vehicle or aircraft was used or
to be used in the commission of |
| 20 | | the offense charged.
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| 21 | | (Source: Laws 1965, p. 2868.)
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| 22 | | (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
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| 23 | | Sec. 36-2. Action for forfeiture. |
| 24 | | (a) The State's Attorney in the county in which such |
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| 1 | | seizure occurs
if he finds that such forfeiture was incurred |
| 2 | | without willful negligence
or without any intention on the part |
| 3 | | of the owner of the vessel or watercraft, vehicle
or aircraft |
| 4 | | or any person whose right, title or interest is of record as
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| 5 | | described in Section 36-1, to violate the law, or finds the |
| 6 | | existence of
such mitigating circumstances as to justify |
| 7 | | remission of the forfeiture,
may cause the sheriff to remit the |
| 8 | | same upon such terms and conditions
as the State's Attorney |
| 9 | | deems reasonable and just. The State's Attorney
shall exercise |
| 10 | | his discretion under the foregoing provision of this
Section |
| 11 | | 36-2(a) promptly after notice is given in accordance with
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| 12 | | Section 36-1. If the State's Attorney does not cause the |
| 13 | | forfeiture to
be remitted he shall forthwith bring an action |
| 14 | | for forfeiture in the
Circuit Court within whose jurisdiction |
| 15 | | the seizure and confiscation has
taken place. The State's |
| 16 | | Attorney shall give notice of the forfeiture
proceeding by |
| 17 | | mailing a copy of the Complaint in the forfeiture
proceeding to |
| 18 | | the persons, and upon the manner, set forth in Section
36-1. |
| 19 | | The owner of the seized vessel or watercraft, vehicle or |
| 20 | | aircraft or any person
whose right, title, or interest is of |
| 21 | | record as described in Section
36-1, may within 20 days after |
| 22 | | the mailing of such notice file a
verified answer to the |
| 23 | | Complaint and may appear at the hearing on the
action for |
| 24 | | forfeiture. The State shall show at such hearing by a
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| 25 | | preponderance of the evidence, that such vessel or watercraft, |
| 26 | | vehicle or aircraft was
used in the commission of an offense |
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| 1 | | described in Section 36-1. The
owner of such vessel or |
| 2 | | watercraft, vehicle or aircraft or any person whose right,
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| 3 | | title, or interest is of record as described in Section 36-1, |
| 4 | | may show
by a preponderance of the evidence that he did not |
| 5 | | know, and did not
have reason to know, that the vessel or |
| 6 | | watercraft, vehicle or aircraft was to be used
in the |
| 7 | | commission of such an offense or that any of the exceptions set
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| 8 | | forth in Section 36-3 are applicable. Unless the State shall |
| 9 | | make such
showing, the Court shall order such vessel or |
| 10 | | watercraft, vehicle or aircraft released
to the owner. Where |
| 11 | | the State has made such showing, the Court may order
the vessel |
| 12 | | or watercraft, vehicle or aircraft destroyed; may order it |
| 13 | | delivered to
any local, municipal or county law enforcement |
| 14 | | agency, or the Department
of State Police or the Department of |
| 15 | | Revenue of
the State of Illinois;
or may order it sold at
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| 16 | | public auction.
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| 17 | | (b) A copy of the order shall be filed with the sheriff of |
| 18 | | the
county in which the seizure occurs and with each Federal or |
| 19 | | State office
or agency with which such vessel or watercraft, |
| 20 | | vehicle or aircraft is required to be
registered. Such order, |
| 21 | | when filed, constitutes authority for the
issuance of clear |
| 22 | | title to such vehicle, aircraft, or boat to the
department or |
| 23 | | agency to whom it is delivered or any purchaser thereof.
The |
| 24 | | sheriff shall comply promptly with instructions to remit |
| 25 | | received
from the State's Attorney or Attorney General in |
| 26 | | accordance with
Sections 36-2(a) or 36-3.
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| 1 | | (c) The proceeds of any sale at public auction pursuant to |
| 2 | | Section
36-2 of this Act, after payment of all liens and |
| 3 | | deduction of the
reasonable charges and expenses incurred by |
| 4 | | the sheriff in storing and
selling such vehicle, shall be paid |
| 5 | | into the general fund of the county
of seizure.
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| 6 | | (Source: P.A. 84-25.)
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| 7 | | (720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
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| 8 | | Sec. 36-3. Exceptions to forfeiture.
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| 9 | | (a) No vessel or watercraft, vehicle, or aircraft used by |
| 10 | | any person as a common
carrier in the transaction of business |
| 11 | | as such common carrier may be
forfeited under the provisions of |
| 12 | | Section 36-2 unless it appears that (1)
in the case of a |
| 13 | | railway car or engine, the owner, or (2) in the case of
any |
| 14 | | other such vessel or watercraft, vehicle or aircraft, the owner |
| 15 | | or the master of such
vessel or watercraft or the owner or |
| 16 | | conductor, driver, pilot, or other person in charge
of such |
| 17 | | vehicle or aircraft was at the time of the alleged illegal act |
| 18 | | a
consenting party or privy thereto.
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| 19 | | (b) No vessel or watercraft, vehicle, or aircraft shall be |
| 20 | | forfeited under the
provisions of Section 36-2 by reason of any |
| 21 | | act or omission established by
the owner thereof to have been |
| 22 | | committed or omitted by any person other
than such owner while |
| 23 | | such vessel or watercraft, vehicle, or aircraft was unlawfully |
| 24 | | in
the possession of a person who acquired possession thereof |
| 25 | | in violation of
the criminal laws of the United States, or of |
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| 1 | | any state.
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| 2 | | (Source: Laws 1965, p. 2868.)
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| 3 | | (720 ILCS 5/36-4) (from Ch. 38, par. 36-4)
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| 4 | | Sec. 36-4. Remission by Attorney General. Whenever any |
| 5 | | owner of, or other person interested in, a vessel or |
| 6 | | watercraft, vehicle,
or aircraft seized under the provisions of |
| 7 | | this Act files with the Attorney
General before the sale or |
| 8 | | destruction of such vessel or watercraft, vehicle, or
aircraft, |
| 9 | | a petition for the remission of such forfeiture the Attorney
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| 10 | | General if he finds that such forfeiture was incurred without |
| 11 | | willful
negligence or without any intention on the part of the |
| 12 | | owner or any person
whose right, title or interest is of record |
| 13 | | as described in Section 36-1,
to violate the law, or finds the |
| 14 | | existence of such mitigating circumstances
as to justify the |
| 15 | | remission of forfeiture, may cause the same to be
remitted upon |
| 16 | | such terms and conditions as he deems reasonable and just, or
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| 17 | | order discontinuance of any forfeiture proceeding relating |
| 18 | | thereto.
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| 19 | | (Source: Laws 1965, p. 2868.)
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INDEX
| | 2 | |
Statutes amended in order of appearance
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| | 3 | | 720 ILCS 5/36-1 | from Ch. 38, par. 36-1 |
| | 4 | | 720 ILCS 5/36-1a | from Ch. 38, par. 36-1a |
| | 5 | | 720 ILCS 5/36-2 | from Ch. 38, par. 36-2 |
| | 6 | | 720 ILCS 5/36-3 | from Ch. 38, par. 36-3 |
| | 7 | | 720 ILCS 5/36-4 | from Ch. 38, par. 36-4 |
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