98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5523
 
Introduced , by Rep. Carol A. Sente
 
SYNOPSIS AS INTRODUCED:



    
720 ILCS 5/36-1 from Ch. 38, par. 36-1
720 ILCS 5/36-1.5
720 ILCS 5/36-2 from Ch. 38, par. 36-2
720 ILCS 5/36-5

 Amends the Criminal Code of 2012. Adds various offenses to the list for which a vessel, vehicle, or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit, the offense may be seized and forfeited. Provides that the vessel, vehicle, or aircraft may be seized and impounded by law enforcement agency (rather than delivered forthwith to the sheriff at the Courts of Seizure). Effective immediately.



LRB098 17373 RLC 52471 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5523LRB098 17373 RLC 52471 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Sections 36-1, 36-1.5, 36-2, and 36-5 as follows:




6 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)



7 Sec. 36-1. Seizure. 
8 (a) Any vessel, vehicle, or aircraft may be seized and 
9impounded by the law enforcement agency if the vessel, vehicle, 
10or aircraft is used with the knowledge
and consent of the owner 
11in the commission of, or in the attempt to commit as
defined in 
12Section 8-4 of this Code, an offense prohibited by: 
13  (1) (a) Section 9-1 (first degree murder, 720 ILCS 
14 5/9-1),
9-3 (involuntary manslaughter and reckless 
15 homicide, 720 ILCS 5/9-3),
10-2 (aggravated kidnaping, 720 
16 ILCS 5/10-2), 11-1.20 (criminal sexual assault, 720 ILCS 
17 5/11-1.20), 11-1.30 (aggravated criminal sexual assault, 
18 720 ILCS 5/11-1.30), 11-1.40 (predatory criminal sexual 
19 assault of a child, 720 ILCS 5/11-1.40), subsection (a) of 
20 Section 11-1.50 (criminal sexual abuse, 720 ILCS 5/11-1.50 
21 (a)), subsection (a), (c), or (d) of Section 11-1.60 
22 (aggravated criminal sexual abuse, 720 ILCS 5/11-1.60 (a), 
23 (c), or (d)), Section 11-6 (indecent solicitation of a 
 
 
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1 child, 720 ILCS 5/11-6), 11-14.4 (promoting juvenile 
2 prostitution, 720 ILCS 5/11-14.4) except for keeping a 
3 place of juvenile prostitution, 11-18 (patronizing a 
4 prostitute, 720 ILCS 5/11-18) 11-15.1, 11-19.1, 11-19.2, 
5 11-20.1 (child pornography, 720 ILCS 5/11-20.1), 12-3.3. 
6 (aggravated domestic battery, 720 ILCS 5/12-3.3), 
7 paragraph (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), 
8 (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 
9 12-3.05 (aggravated battery, 12-3.05(a)(1), (a)(2), 
10 (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), 
11 (e)(6), or (e)(7)), 12-6.4 (criminal street gang 
12 recruitment on school grounds or public property adjacent 
13 to school grounds and criminal street gang recruitment of a 
14 minor, 720 ILCS 5/12-6.4), 11-20.1B, 11-20.3,
12-4.1, 
15 12-4.2, 12-4.2-5, 12-4.3, 12-4.6,
12-7.3 (stalking, 720 
16 ILCS 5/12-7.3), 12-7.4 (aggravated stalking, 720 ILCS 
17 5/12-7.4), 12-9 (threatening a public official, 720 ILCS 
18 5/12-9), 12-13, 12-14,
16-1 (theft, 720 ILCS 5/16-1) if the 
19 theft is of precious metal or of scrap metal, subdivisions 
20 (f)(2) and (f)(3) of Section 16-25 (retail theft, 720 ILCS 
21 5/16-25 (f)(2) or (f)(3), Section 18-2 (armed robbery, 720 
22 ILCS 5/18-2), 19-1 (burglary, 720 ILCS 5/19-1), 19-2 
23 (possession of burglary tools, 720 ILCS 5/19-2), 19-3 
24 (residential burglary, 720 ILCS 5/19-3), 19-6 (home 
25 invasion, 720 ILCS 5/19-6), 20-1 (arson; residential 
26 arson; place of worship arson, 720 ILCS 5/20-1), 20-1.1 
 
 
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1 (aggravated arson, 720 ILCS 5/20-1.1), 20-2 (possession of 
2 explosives or explosive or incendiary devices, 720 ILCS 
3 5/20-2), 24-1 (unlawful use of weapons paragraph (a)(6) or 
4 (a)(7), 720 ILCS 5/24-1(a)(6) or (a)(7)),
24-1.2 
5 (aggravated discharge of a firearm, 720 ILCS 5/24-1.2),

6 24-1.2-5 (aggravated discharge of a machine gun or a 
7 firearm equipped with a device designed or used for 
8 silencing the report of a firearm, 720 ILCS 5/24-1.2),

9 24-1.5 (reckless discharge of a firearm, 720 ILCS 
10 5/24-1.5), 24-1.6 (aggravated unlawful use of a weapon, 720 
11 ILCS 5/24-1.6), 24-1.8 (unlawful possession of a firearm by 
12 a street gang member, 720 ILCS 5/24-1.8), 24-3 (unlawful 
13 sale or delivery of firearms, 720 ILCS 5/24-3), 24-3A 
14 (gunrunning, 720 ILCS 5/24-3A), 24-3.2 (unlawful discharge 
15 of firearm projectiles, 720 ILCS 5/24-3.2), 24-3.3 
16 (unlawful sale or delivery of firearms on the premises of 
17 any school, 720 ILCS 5/24-3.3), 28-1 (gambling, 720 ILCS 
18 5/28-1), 29D-15.1 (causing a catastrophe, 720 ILCS 
19 5/29D-15.1), or 29D-15.2 (possession of a deadly 
20 substance, 720 ILCS 5/29D-15.2), or 33A-2 (armed violence, 
21 720 ILCS 5/33A-2) of this Code; , subdivision (a)(1), 
22 (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), 
23 (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
paragraph (a) 
24 of Section 12-4 of this Code, paragraph (a) of Section 
25 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), 
26 (c), or (d) of Section 11-1.60, or paragraphs (a), (c) or 
 
 
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1 (d) of Section
12-16 of this Code, or paragraph (a)(6) or 
2 (a)(7) of Section
24-1 of this Code;
3  (2) (b) Section 18c, 21, 22, 23, 24 or 26 of the 
4 Cigarette Tax
Act (35 ILCS 130/18c, 21, 22, 23, 24 or 26) 
5 if the vessel, vehicle, or aircraft contains more than 10 
6 cartons of
such cigarettes;
7  (3) (c) Section 28, 29, or 30 of the Cigarette Use Tax 
8 Act (35 ILCS 135/28, 29, or 30) if
the vessel, vehicle, or 
9 aircraft contains more than 10 cartons of such
cigarettes;
10  (4) (d) Section 44 of the Environmental Protection Act 
11 (415 ILCS 5/44);
12  (5) (e)
Section 11-204.1
of the Illinois Vehicle Code 
13 (aggravated fleeing or attempting to elude a peace officer, 
14 625 ILCS 5/11-204.1);
15  (6) Section 11-501 of the Illinois Vehicle Code 
16 (driving while under the influence of alcohol or other drug 
17 or drugs, intoxicating compound or compounds or any 
18 combination thereof) or a similar provision of a local 
19 ordinance during a period in which:
20   (i) he or she did not possess a valid driver's 
21 license or permit or a restricted driving permit or a 
22 judicial driving permit or a monitoring device driving 
23 permit (625 ILCS 5/11-501); (f)
(1) driving under the 
24 influence of alcohol or other drug or drugs, 
25 intoxicating compound or compounds or any
combination 
26 thereof under Section 11-501 of the Illinois Vehicle 
 
 
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1 Code during a period in which 
2   (ii) his
or her driving privileges are revoked or 
3 suspended where
the revocation or suspension was for:
4    (aa) driving under the influence of alcohol or 
5 other drug or drugs, intoxicating compound or 
6 compounds or any
combination thereof (625 ILCS 
7 5/11-501), 
8    (bb) Section 11-501.1 (625 ILCS 5/11-501.1),
9    (cc) paragraph (b) of Section
11-401 (625 ILCS 
10 5/11-401(b)), or for
11    (dd) reckless homicide as defined in Section 
12 9-3
of the Criminal Code of 1961 or the Criminal 
13 Code of 2012 (720 ILCS 5/9-3);
14  (7) paragraph (b) of Section 11-401 of the Illinois 
15 Vehicle Code or a similar provision, having left the scene 
16 of a motor vehicle crash involving death or personal 
17 injuries (625 ILCS 5/11-401(b));
18  (8) reckless homicide as defined in Section 9-3 of this 
19 Code (720 ILCS 5/9-3);
20  (9) paragraph (d) of Section 11-501 aggravated driving 
21 under the influence of alcohol or other drug or drugs, 
22 intoxicating compound or compounds or any combination 
23 thereof (625 ILCS 5/11-501(d));
24  (10) Section 11-204 of the Illinois Vehicle Code, 
25 fleeing or attempting to elude a police officer (625 ILCS 
26 5/11-204); (2)
driving while under the influence of 
 
 
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1 alcohol, other drug or drugs, intoxicating compound or 
2 compounds or any combination thereof and has been 
3 previously convicted of reckless homicide or a similar 
4 provision of a law of another state relating to reckless 
5 homicide in which the person was determined to have been 
6 under the influence of alcohol, other drug or drugs, or 
7 intoxicating compound or compounds as an element of the 
8 offense or the person has previously been convicted of 
9 committing a violation of
driving under the influence of 
10 alcohol or other drug or drugs, intoxicating compound or 
11 compounds or any
combination thereof and was involved in a 
12 motor vehicle accident that resulted in death, great bodily 
13 harm, or permanent disability or disfigurement to another, 
14 when the violation was a proximate cause of the death or 
15 injuries; (3) the person committed a violation of driving 
16 under the influence of alcohol or other drug or drugs, 
17 intoxicating compound or compounds or any
combination 
18 thereof under Section 11-501 of the Illinois Vehicle Code 
19 or a similar provision for the third or subsequent
time; 
20 (4) the person committed the violation while he
or she did 
21 not possess a driver's license or permit or a restricted 
22 driving permit or a judicial driving permit or a monitoring 
23 device driving permit; or (5) the person committed the 
24 violation while he or she knew or should have known that 
25 the vehicle he or she was driving was not covered by a 
26 liability insurance policy;
 
 
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1  (11) (g) an offense described in subsection (g) of 
2 Section 6-303 of the
Illinois Vehicle Code (625 ILCS 5/ 
3 6-303(g); or 
4  (12) (h) an offense described in subsection (e) of

5 Section 6-101 of the Illinois Vehicle Code (625 ILCS 
6 5/6-101);
7  (13) home repair fraud, as
defined in Section 3 of the 
8 Home Repair Fraud Act (815 ILCS 515/3); or
9  (14) a violation of Section 4.01 of the Humane Care for 
10 Animals Act (510 ILCS 70/4.01) ;
may be
seized and delivered 
11 forthwith to the sheriff of the county of seizure.

12 Within 15 days after such delivery the sheriff shall give 
13notice of seizure
to each person according to the following 
14method: Upon each such person
whose right, title or interest is 
15of record in the office of the Secretary
of State, the 
16Secretary of Transportation, the Administrator of the Federal

17Aviation Agency, or any other Department of this State, or any 
18other state
of the United States if such vessel, vehicle or 
19aircraft is required to be
so registered, as the case may be, 
20by mailing a copy of the notice by
certified mail to the 
21address as given upon the records of the Secretary of
State, 
22the Department of Aeronautics, Department of Public Works and

23Buildings or any other Department of this State or the United 
24States if
such vessel, vehicle or aircraft is required to be so 
25registered. Within
that 15 day period the sheriff shall also 
26notify the State's Attorney of
the county of seizure about the 
 
 
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1seizure.

2 (b) In addition, any mobile or portable equipment used in 
3the commission of an
act which is in violation of Section 7g of 
4the Metropolitan Water Reclamation
District Act (70 ILCS 
52605/7g) shall be subject to seizure and forfeiture under the 
6same
procedures provided in this Article for the seizure and 
7forfeiture of vessels,
vehicles, and aircraft, and any such 
8equipment shall be deemed a vessel, vehicle,
or aircraft for 
9purposes of this Article.

10 (c) In addition, when When a person discharges a firearm at 
11another individual from a vehicle with
the knowledge and 
12consent of the owner of the vehicle and with the intent to

13cause death or great bodily harm to that individual and as a 
14result causes
death or great bodily harm to that individual, 
15the vehicle shall be subject to
seizure and forfeiture under 
16the same procedures provided in this Article for
the seizure 
17and forfeiture of vehicles used in violations of clauses (1), 
18(2), (3), or (4) of subsection (a) (a), (b),
(c), or (d) of 
19this Section.

20 (d) If the spouse of the owner of a vehicle seized for
an 
21offense described in subsection (g) of Section 6-303 of the

22Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), 
23(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section 
2411-501 of the Illinois Vehicle
Code, or Section 9-3 of this

25Code makes a showing
that the seized vehicle is the only source 
26of transportation and it is
determined that the financial 
 
 
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1hardship to the family as a result of the seizure
outweighs the 
2benefit to the State from the seizure, the vehicle may be

3forfeited to the spouse or family member and the title to the 
4vehicle shall be
transferred to the spouse or family member who 
5is properly licensed and who
requires the use of the vehicle 
6for employment or family transportation
purposes. A written 
7declaration of forfeiture of a vehicle under this
Section shall 
8be sufficient cause for the title to be transferred to the 
9spouse
or family member. The provisions of this paragraph shall 
10apply only to one
forfeiture per vehicle. If the vehicle is the 
11subject of a subsequent
forfeiture proceeding by virtue of a 
12subsequent conviction of either spouse or
the family member, 
13the spouse or family member to whom the vehicle was
forfeited 
14under the first forfeiture proceeding may not utilize the

15provisions of this paragraph in another forfeiture proceeding. 
16If the owner of
the vehicle seized owns more than one vehicle,

17the procedure set out in this paragraph may be used for only 
18one vehicle.

19 (e) In addition, property Property declared contraband 
20under Section 40 of the Illinois Streetgang
Terrorism Omnibus 
21Prevention Act (740 ILCS 147/40) may be seized and forfeited 
22under this
Article.

23(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; 
2496-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. 
251-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, 
26Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; 
 
 
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197-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

2 (720 ILCS 5/36-1.5)
3 Sec. 36-1.5. Preliminary Review.
4 (a) Within 14 days of the seizure, the State's Attorney in 
5the county in which the seizure occurred State shall seek a 
6preliminary determination from the circuit court as to whether 
7there is probable cause that the property may be subject to 
8forfeiture.
9 (b) The rules of evidence shall not apply to any proceeding 
10conducted under this Section.
11 (c) The court may conduct the review under subsection (a) 
12simultaneously with a proceeding pursuant to Section 109-1 of 
13the Code of Criminal Procedure of 1963 for a related criminal 
14offense if a prosecution is commenced by information or 
15complaint.
16 (d) The court may accept a finding of probable cause at a 
17preliminary hearing following the filing of an information or 
18complaint charging a related criminal offense or following the 
19return of indictment by a grand jury charging the related 
20offense as sufficient evidence of probable cause as required 
21under subsection (a).
22 (e) Upon making a finding of probable cause as required 
23under this Section, the circuit court shall order the property 
24subject to the provisions of the applicable forfeiture Act held 
25until the conclusion of any forfeiture proceeding.
 
 
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1 For seizures of conveyances, within 7 days of a finding of 
2probable cause under subsection (a), the registered owner or 
3other claimant may file a motion in writing supported by sworn 
4affidavits claiming that denial of the use of the conveyance 
5during the pendency of the forfeiture proceedings creates a 
6substantial hardship. The court shall consider the following 
7factors in determining whether a substantial hardship has been 
8proven:
9  (1) the nature of the claimed hardship;
10  (2) the availability of public transportation or other 
11 available means of transportation; and
12  (3) any available alternatives to alleviate the 
13 hardship other than the return of the seized conveyance.
14 If the court determines that a substantial hardship has 
15been proven, the court shall then balance the nature of the 
16hardship against the State's interest in safeguarding the 
17conveyance. If the court determines that the hardship outweighs 
18the State's interest in safeguarding the conveyance, the court 
19may temporarily release the conveyance to the registered owner 
20or the registered owner's authorized designee, or both, until 
21the conclusion of the forfeiture proceedings or for such 
22shorter period as ordered by the court provided that the person 
23to whom the conveyance is released provides proof of insurance 
24and a valid driver's license and all State and local 
25registrations for operation of the conveyance are current. The 
26court shall place conditions on the conveyance limiting its use 
 
 
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1to the stated hardship and restricting the conveyance's use to 
2only those individuals authorized to use the conveyance by the 
3registered owner. The court shall revoke the order releasing 
4the conveyance and order that the conveyance be reseized by law 
5enforcement if the conditions of release are violated or if the 
6conveyance is used in the commission of any offense identified 
7in subsection (a) of Section 6-205 of the Illinois Vehicle 
8Code.
9 If the court orders the release of the conveyance during 
10the pendency of the forfeiture proceedings, the registered 
11owner or his or her authorized designee shall post a cash 
12security with the Clerk of the Court as ordered by the court. 
13The court shall consider the following factors in determining 
14the amount of the cash security:
15  (A) the full market value of the conveyance;
16  (B) the nature of the hardship;
17  (C) the extent and length of the usage of the 
18 conveyance; and
19  (D) such other conditions as the court deems necessary 
20 to safeguard the conveyance.
21 If the conveyance is released, the court shall order that 
22the registered owner or his or her designee safeguard the 
23conveyance, not remove the conveyance from the jurisdiction, 
24not conceal, destroy, or otherwise dispose of the conveyance, 
25not encumber the conveyance, and not diminish the value of the 
26conveyance in any way. The court shall also make a 
 
 
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1determination of the full market value of the conveyance prior 
2to it being released based on a source or sources defined in 50 
3Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
4 If the conveyance subject to forfeiture is released under 
5this Section and is subsequently forfeited, the person to whom 
6the conveyance was released shall return the conveyance to the 
7law enforcement agency that seized the conveyance within 7 days 
8from the date of the declaration of forfeiture or order of 
9forfeiture. If the conveyance is not returned within 7 days, 
10the cash security shall be forfeited in the same manner as the 
11conveyance subject to forfeiture. If the cash security was less 
12than the full market value, a judgment shall be entered against 
13the parties to whom the conveyance was released and the 
14registered owner, jointly and severally, for the difference 
15between the full market value and the amount of the cash 
16security. If the conveyance is returned in a condition other 
17than the condition in which it was released, the cash security 
18shall be returned to the surety who posted the security minus 
19the amount of the diminished value, and that amount shall be 
20forfeited in the same manner as the conveyance subject to 
21forfeiture. Additionally, the court may enter an order allowing 
22any law enforcement agency in the State of Illinois to seize 
23the conveyance wherever it may be found in the State to satisfy 
24the judgment if the cash security was less than the full market 
25value of the conveyance.

26(Source: P.A. 97-544, eff. 1-1-12; 97-680, eff. 3-16-12.)




 
 
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1 (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)



2 Sec. 36-2. Action for forfeiture. 
3 (a) The State's Attorney in the county in which such 
4seizure occurs
if he finds that such forfeiture was incurred 
5without willful negligence
or without any intention on the part 
6of the owner of the vessel, vehicle
or aircraft or any person 
7whose right, title or interest is of record as
described in 
8Section 36-1, to violate the law, or finds the existence of

9such mitigating circumstances as to justify remission of the 
10forfeiture,
may cause the law enforcement agency sheriff to 
11remit the same upon such terms and conditions
as the State's 
12Attorney deems reasonable and just. The State's Attorney
shall 
13exercise his or her discretion under the foregoing provision of 
14this
Section 36-2(a) prior to or promptly after the preliminary 
15review under Section 36-1.5 notice is given in accordance with

16Section 36-1.
17 (b) If the State's Attorney does not cause the forfeiture 
18to
be remitted he shall forthwith bring an action for 
19forfeiture in the
Circuit Court within whose jurisdiction the 
20seizure and confiscation has
taken place. The State's Attorney 
21shall give notice of seizure and the forfeiture proceeding to 
22each person according to the following method: Upon each person 
23whose right, title or interest is of record in the office of 
24the Secretary of State, the Secretary of Transportation, the 
25Administrator of the Federal Aviation Agency, or any other 
 
 
HB5523- 15 -LRB098 17373 RLC 52471 b


1Department of this State, or any other state of the United 
2States if the vessel, vehicle, or aircraft is required to be so 
3registered, as the case may be, by delivering the notice and 
4complaint in open court or by certified mail to the address as 
5given upon the records of the Secretary of State, the Division 
6of Aeronautics of the Department of Transportation, the Capital 
7Development Board, or any other Department of this State or the 
8United States if the vessel, vehicle or aircraft is required to 
9be so registered the forfeiture
proceeding by mailing a copy of 
10the Complaint in the forfeiture
proceeding to the persons, and 
11upon the manner, set forth in Section
36-1. 
12 (c) The owner of the seized vessel, vehicle, or aircraft or 
13any person
whose right, title, or interest is of record as 
14described in Section
36-1, may within 20 days after the mailing 
15of such notice file a
verified answer to the Complaint and may 
16appear at the hearing on the
action for forfeiture.
17 (d) The State shall show at such hearing by a
preponderance 
18of the evidence, that such vessel, vehicle, or aircraft was

19used in the commission of an offense described in Section 36-1.
20 (e) The
owner of such vessel, vehicle, or aircraft or any 
21person whose right,
title, or interest is of record as 
22described in Section 36-1, may show
by a preponderance of the 
23evidence that he did not know, and did not
have reason to know, 
24that the vessel, vehicle, or aircraft was to be used
in the 
25commission of such an offense or that any of the exceptions set

26forth in Section 36-3 are applicable. 
 
 
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1 (f) Unless the State shall make such
showing, the Court 
2shall order such vessel, vehicle, or aircraft released
to the 
3owner. Where the State has made such showing, the Court may 
4order
the vessel, vehicle, or aircraft destroyed or ; may order 
5it forfeited delivered to
any local, municipal or county law 
6enforcement agency, or the Department
of State Police or the 
7Department of Revenue of
the State of Illinois;
or may order it 
8sold at
public auction.

9 (g) (b) A copy of the order shall be filed with the law 
10enforcement agency, sheriff of the
county in which the seizure 
11occurs and with each Federal or State office
or agency with 
12which such vessel, vehicle, or aircraft is required to be

13registered. Such order, when filed, constitutes authority for 
14the
issuance of clear title to such vessel, vehicle, or 
15aircraft, or boat to the
department or agency to whom it is 
16delivered or any purchaser thereof.
The law enforcement agency 
17sheriff shall comply promptly with instructions to remit 
18received
from the State's Attorney or Attorney General in 
19accordance with
Sections 36-2(a) or 36-3.

20 (h) (c) The proceeds of any sale at public auction pursuant 
21to Section
36-2 of this Act, after payment of all liens and 
22deduction of the
reasonable charges and expenses incurred by 
23the State's Attorney's Office sheriff in storing and
selling 
24such vehicle, shall be paid into the Law Enforcement Agency 
25having seized the vehicle for forfeiture general fund of the 
26county
of seizure.

 
 
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1(Source: P.A. 84-25.)


2 (720 ILCS 5/36-5)
3 Sec. 36-5. The law enforcement agency, County or sheriff 
4not liable for stored forfeited vehicle. A law enforcement 
5agency, county, sheriff, law enforcement officer or employee of 
6the law enforcement agency or deputy sheriff, or employee of 
7the county sheriff shall not be civilly or criminally liable 
8for any damage to a forfeited vehicle stored with a commercial 
9vehicle safety relocator.

10(Source: P.A. 96-1274, eff. 7-26-10.)


11 Section 99. Effective date. This Act takes effect upon 
12becoming law.