................. COUNTY VEHICLE FORFEITURE AGREEMENT
This agreement is made this ............ day of .........., 20_ _, by the law enforcement agencies
located in ......... County, Illinois, who are represented by the following persons, in alphabetical
order by the person=s last name, ................., and ............... .
The parties to this agreement mutually acknowledge the provisions of 720 ILCS 5/36-1
concerning seizure and forfeiture of vessels, vehicles and aircraft. In order to facilitate the
enforcement of said statute in a uniform manner throughout ...... County, the parties agree to the
following terms:
1.
That ........... County Law Enforcement agencies agree that depriving offenders of a
vehicle used in the commission of a crime is an important and effective means of
combating crime in ............ County.
2.
That720 ILCS 5/36-1 authorizes law enforcement agencies in the State of Illinois to
seize and forfeit any vessel, vehicle, or aircraft used with the knowledge and consent of
the owner in the commission of, or in the attempt to commit specific offenses which are
listed in said statute. A listing of the specific statutes is attached hereto as Exhibit AA@
and it is incorporated herein by reference.
3.
That a potential problem which must be faced by .......... County law enforcement officers
involves where to store said vehicles pending a forfeiture action in court.
4.
That some municipal police departments in the county have indicated that storage sites
are available within the municipalities for the storage of vehicles pending a forfeiture
action in court. Attached hereto and marked Exhibit AB@ is a listing of spaces and
specific locations that are available for the storage of vehicles, which are being detained
by law enforcement officers pending a forfeiture action in court.
5.
That Sheriff ............. has indicated that space would be available at the ...................... for
the storage of vehicles pending a forfeiture action in court.
6.
That all of the spaces mentioned in this agreement are secured by a chain link fence or
are inside a building, which would provide for the reasonably safe storage of said
vehicles.
7.
720 ILCS 5/36-1 provides that a vehicle subject to forfeiture may be seized and
delivered forthwith to the sheriff of the county of seizure. The parties agree that the
manner of complying with said provisions of the statute shall be delivering such a vehicle
to one of the sites described on Exhibit AB@ all of which have been designated by Sheriff
............ to be reception sites for the storage of vehicles pending forfeiture.
8.
If a vehicle, which is subject to forfeiture, is located within the city limits of one of the
municipalities within ............ County and such municipality has a designated storage
area for vehicles pending forfeiture, the first preference would be for the vehicle to be
stored at the designated location within that municipality. The next preference would be
to store the vehicle pending forfeiture at the ............. County ................. . If neither of
the foregoing options are available for some reason then the vehicle may be stored at
the next closest designated and available storage lot.
9.
If a vehicle, which is subject to forfeiture, is located outside the city limits of any
municipality within ............... County the preference would be to store the vehicle,
pending forfeiture, at the ............ County ............ . If for some reason, the .............. is
unavailable for storage of the vehicle then the vehicle may be stored at the next closest
designated and available storage lot.
10.
In the event the court enters an order of forfeiture for a vehicle the parties agree that the
department of the officer who located the vehicle and determined that it was subject to
forfeiture shall have the first option to receive the vehicle. Pursuant to 720 ILCS 5/36-2
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. The parties further acknowledge the provisions of 720 ILCS 5/36-2 8) which
provides that the proceeds of any sale at public auction pursuant to Section 36-1 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.
11.
Each department, which is a party to this agreement, agrees to pay the towing bill on
vehicles, which their department seizes and receives pursuant to court order if said
provisions for storage are made herein at no cost to any department.
In witness whereof, the parties have hereunto set their hands and seals on the date beside
their name. This agreement shall take effect upon the date the last of the party who signs the
agreement.
_______________________________ _______
Date
___________________________ _______
Date
______________________________ _______
Date
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Date
EXHIBIT A
(The following is a quick guide only. Be sure to check the pertinent statute prior to
seizing the vehicle.)
720 ILCS5/9-1
5/9-3
5/10-2
5/11-6
5/11-15.1
5/11-19.1
5/11-19.2
5/11-20.1
5/12.4(a)
5/12-4.1
5/12-4.2
5/12-4.2-5
First degree murder
Involuntary manslaughter and reckless homicide
Aggravated kidnapping
Indecent solicitation of a child
Soliciting for a juvenile prostitute
Juvenile pimping
Exploitation of a child
Child pornography
Aggravated battery
Heinous battery
Aggravated battery with a firearm
Aggravated battery with a machine gun or firearm
equipped with any device or attachment designed
or used for silencing a firearm
5/12-4.3
Aggravated battery of a child
5/12-4.6
Aggravated battery of a senior citizen
5/12-7.3
Stalking
5/12-7.4
Aggravated stalking
5/12-15(a)
Criminal sexual abuse
5/12-13
Criminal sexual assault
5/12-14
Aggravated criminal sexual assault
5/12-16(a)(c)(d)
Aggravated criminal sexual abuse
5/18-2
Armed robbery
5/19-1
Burglary
5/19-2
Possession of burglary tools
5/19-3
Residential burglary
5/20-1
Arson
5/20-2
Possession of explosives or explosive or incendiary
devices
5/20.5-6
Possession of deadly substance
5/24-1(a6)(a7)
Unlawful use of weapons
5/24-1.2
Aggravated discharge of a firearm
5/24-1.2-5
Aggravated discharge of a machine gun or a
firearm equipped with a device designed or used
for silencing a firearm
5/24-1.5
Reckless discharge of a firearm
5/28-1
Gambling
Cigarette Tax Act (b) Section 21, 22, 23, 24, 26
(if the vehicle, vessel, or aircraft contains more than 10 cartons of such cigarettes)
Cigarette Use Tax Act © Section 28, 29, 30
(if the vehicle, vessel, or aircraft contains more than 10 cartons of such cigarettes)
Environmental protection Act (d) Section 44
625 ILCS
Illinois Vehicle Code
5/11-204.1
Aggravated fleeing or attempt to elude a police
officer
5/11-501 (c-1)(1)
D.U.I. while license is revoked or suspended for
D.U.I.; statutory summary suspension; accident
involving death or personal injuries; involuntary
manslaughter or reckless homicide
5/11-501 (c-1)(2)
3rd D.U.I. when driving privileges are revoked or
suspended for reasons stated above.
5/11-501 (c-1)(3)
4th D.U.I. when driving privileges are revoked or
suspended for reasons stated above
5/11-501 (d)(A)
3 or more D.U.I.’s
(d)(1)(D)
2nd D.U.I. and previously convicted of reckless
homicide committed while under the influence of
alcohol or drugs or previous D.U.I. involvement in
an accident that resulted in great bodily harm,
permanent disability, or disfigurement.
5/6-303(g)
Driving while suspended or driving while revoked, if
revocation was for reasons stated above.
EXHIBIT B
STORAGE LOCATIONS FOR VEHICLES SUBJECT TO FORFEITURE
(LIST OF LOCATIONS)
(The department of the officer who seizes the vehicle shall have first choice for forfeiture of the
vehicle. If a municipal police department seizes the vehicle the first choice is to have the
municipality store the vehicle pending forfeiture on municipal property. If that is not possible:
……………………………