Rep. Patricia R. Bellock

Filed: 3/22/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3890

2    AMENDMENT NO. ______. Amend House Bill 3890 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 4-107 as follows:
 
6    (625 ILCS 5/4-107)  (from Ch. 95 1/2, par. 4-107)
7    Sec. 4-107. Stolen, converted, recovered and unclaimed
8vehicles.
9    (a) Every Sheriff, Superintendent of police, Chief of
10police or other police officer in command of any Police
11department in any City, Village or Town of the State, shall, by
12the fastest means of communications available to his law
13enforcement agency, immediately report to the State Police, in
14Springfield, Illinois, the theft or recovery of any stolen or
15converted vehicle within his district or jurisdiction. The
16report shall give the date of theft, description of the vehicle

 

 

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1including color, year of manufacture, manufacturer's trade
2name, manufacturer's series name, body style, vehicle
3identification number and license registration number,
4including the state in which the license was issued and the
5year of issuance, together with the name, residence address,
6business address, and telephone number of the owner. The report
7shall be routed by the originating law enforcement agency
8through the State Police District in which such agency is
9located.
10    (b) A registered owner or a lienholder may report the theft
11by conversion of a vehicle, to the State Police, or any other
12police department or Sheriff's office. Such report will be
13accepted as a report of theft and processed only if a formal
14complaint is on file and a warrant issued.
15    (c) An operator of a place of business for garaging,
16repairing, parking or storing vehicles for the public, in which
17a vehicle remains unclaimed, after being left for the purpose
18of garaging, repairing, parking or storage, for a period of 15
19days, shall, within 5 days after the expiration of that period,
20report the vehicle as unclaimed to the municipal police when
21the vehicle is within the corporate limits of any City, Village
22or incorporated Town, or the County Sheriff, or State Police
23when the vehicle is outside the corporate limits of a City,
24Village or incorporated Town. This Section does not apply to
25any vehicle:
26        (1) removed to a place of storage by a law enforcement

 

 

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1    agency having jurisdiction, in accordance with Sections
2    4-201 and 4-203 of this Act; or
3        (2) left under a garaging, repairing, parking, or
4    storage order signed by the owner, lessor, or other legally
5    entitled person.
6    Failure to comply with this Section will result in the
7forfeiture of storage fees for that vehicle involved.
8    (d) The State Police shall keep a complete record of all
9reports filed under this Section of the Act. Upon receipt of
10such report, a careful search shall be made of the records of
11the office of the State Police, and where it is found that a
12vehicle reported recovered was stolen in a County, City,
13Village or Town other than the County, City, Village or Town in
14which it is recovered, the State Police shall immediately
15notify the Sheriff, Superintendent of police, Chief of police,
16or other police officer in command of the Sheriff's office or
17Police department of the County, City, Village or Town in which
18the vehicle was originally reported stolen, giving complete
19data as to the time and place of recovery.
20    (e) Notification of the theft or conversion of a vehicle
21will be furnished to the Secretary of State by the State
22Police. The Secretary of State shall place the proper
23information in the license registration and title registration
24files to indicate the theft or conversion of a motor vehicle or
25other vehicle. Notification of the recovery of a vehicle
26previously reported as a theft or a conversion will be

 

 

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1furnished to the Secretary of State by the State Police. The
2Secretary of State shall remove the proper information from the
3license registration and title registration files that has
4previously indicated the theft or conversion of a vehicle. The
5Secretary of State shall suspend the registration of a vehicle
6upon receipt of a report from the State Police that such
7vehicle was stolen or converted.
8    (f) When the Secretary of State receives an application for
9a certificate of title or an application for registration of a
10vehicle and it is determined from the records of the office of
11the Secretary of State that such vehicle has been reported
12stolen or converted, the Secretary of State shall immediately
13notify the State Police and shall give the State Police the
14name and address of the person or firm titling or registering
15the vehicle, together with all other information contained in
16the application submitted by such person or firm.
17    (g) During the usual course of business the manufacturer of
18any vehicle shall place an original manufacturer's vehicle
19identification number on all such vehicles manufactured and on
20any part of such vehicles requiring an identification number.
21Beginning January 1, 2013, a vehicle subject to registration
22under this Code that has not been fitted with an original
23manufacturer's vehicle identification number shall be affixed
24with a visible metal identification tag.
25    (h) Except provided in subsection (h-1), if a
26manufacturer's vehicle identification number is missing or has

 

 

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1been removed, changed or mutilated on any vehicle, or any part
2of such vehicle requiring an identification number, the State
3Police shall restore, restamp or reaffix the vehicle
4identification number plate, or affix a new plate bearing the
5original manufacturer's vehicle identification number on each
6such vehicle and on all necessary parts of the vehicles. A
7vehicle identification number so affixed, restored, restamped,
8reaffixed or replaced is not falsified, altered or forged
9within the meaning of this Act.
10    (h-1) A person engaged in the repair or servicing of
11vehicles may reaffix a manufacturer's identification number
12plate on the same damaged vehicle from which it was originally
13removed, if the person reaffixes the original manufacturer's
14identification number plate in place of the identification
15number plate affixed on a new dashboard that has been installed
16in the vehicle. The person must notify the Secretary of State
17each time the original manufacturer's identification number
18plate is reaffixed on a vehicle. The person must keep a record
19indicating that the identification number plate affixed on the
20new dashboard has been removed and has been replaced by the
21manufacturer's identification number plate originally affixed
22on the vehicle. The person also must keep a record regarding
23the status and location of the identification number plate
24removed from the replacement dashboard. The Secretary shall
25adopt rules for implementing this subsection (h-1).
26    (h-2) The owner of a vehicle repaired under subsection

 

 

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1(h-1) must, within 90 days of the date of the repairs, contact
2an officer of the Illinois State Police Vehicle Inspection
3Bureau and arrange for an inspection of the vehicle, by the
4officer or the officer's designee, at a mutually agreed upon
5date and location.
6    (i) If a vehicle or part of any vehicle is found to have
7the manufacturer's identification number removed, altered,
8defaced or destroyed, the vehicle or part shall be seized by
9any law enforcement agency having jurisdiction and held for the
10purpose of identification. In the event that the manufacturer's
11identification number of a vehicle or part cannot be
12identified, the vehicle or part shall be considered contraband,
13and no right of property shall exist in any person owning,
14leasing or possessing such property, unless the person owning,
15leasing or possessing the vehicle or part acquired such without
16knowledge that the manufacturer's vehicle identification
17number has been removed, altered, defaced, falsified or
18destroyed.
19    Either the seizing law enforcement agency or the State's
20Attorney of the county where the seizure occurred may make an
21application for an order of forfeiture to the circuit court in
22the county of seizure. The application for forfeiture shall be
23independent from any prosecution arising out of the seizure and
24is not subject to any final determination of such prosecution.
25The circuit court shall issue an order forfeiting the property
26to the seizing law enforcement agency if the court finds that

 

 

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1the property did not at the time of seizure possess a valid
2manufacturer's identification number and that the original
3manufacturer's identification number cannot be ascertained.
4The seizing law enforcement agency may:
5        (1) retain the forfeited property for official use; or
6        (2) sell the forfeited property and distribute the
7    proceeds in accordance with Section 4-211 of this Code, or
8    dispose of the forfeited property in such manner as the law
9    enforcement agency deems appropriate.
10    (i-1) If a motorcycle is seized under subsection (i), the
11motorcycle must be returned within 45 days of the date of
12seizure to the person from whom it was seized, unless (i)
13criminal charges are pending against that person or (ii) an
14application for an order of forfeiture has been submitted to
15the circuit in the county of seizure or (iii) the circuit court
16in the county of seizure has received from the seizing law
17enforcement agency and has granted a petition to extend, for a
18single 30 day period, the 45 days allowed for return of the
19motorcycle. Except as provided in subsection (i-2), a
20motorcycle returned to the person from whom it was seized must
21be returned in essentially the same condition it was in at the
22time of seizure.
23    (i-2) If any part or parts of a motorcycle seized under
24subsection (i) are found to be stolen and are removed, the
25seizing law enforcement agency is not required to replace the
26part or parts before returning the motorcycle to the person

 

 

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1from whom it was seized.
2    (j) The State Police shall notify the Secretary of State
3each time a manufacturer's vehicle identification number is
4affixed, reaffixed, restored or restamped on any vehicle. The
5Secretary of State shall make the necessary changes or
6corrections in his records, after the proper applications and
7fees have been submitted, if applicable.
8    (k) Any vessel, vehicle or aircraft used with knowledge and
9consent of the owner in the commission of, or in the attempt to
10commit as defined in Section 8-4 of the Criminal Code of 1961,
11an offense prohibited by Section 4-103 of this Chapter,
12including transporting of a stolen vehicle or stolen vehicle
13parts, shall be seized by any law enforcement agency. The
14seizing law enforcement agency may:
15        (1) return the vehicle to its owner if such vehicle is
16    stolen; or
17        (2) confiscate the vehicle and retain it for any
18    purpose which the law enforcement agency deems
19    appropriate; or
20        (3) sell the vehicle at a public sale or dispose of the
21    vehicle in such other manner as the law enforcement agency
22    deems appropriate.
23    If the vehicle is sold at public sale, the proceeds of the
24sale shall be paid to the law enforcement agency.
25    The law enforcement agency shall not retain, sell or
26dispose of a vehicle under paragraphs (2) or (3) of this

 

 

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1subsection (k) except upon an order of forfeiture issued by the
2circuit court. The circuit court may issue such order of
3forfeiture upon application of the law enforcement agency or
4State's Attorney of the county where the law enforcement agency
5has jurisdiction, or in the case of the Department of State
6Police or the Secretary of State, upon application of the
7Attorney General.
8    The court shall issue the order if the owner of the vehicle
9has been convicted of transporting stolen vehicles or stolen
10vehicle parts and the evidence establishes that the owner's
11vehicle has been used in the commission of such offense.
12    The provisions of subsection (k) of this Section shall not
13apply to any vessel, vehicle or aircraft, which has been
14leased, rented or loaned by its owner, if the owner did not
15have knowledge of and consent to the use of the vessel, vehicle
16or aircraft in the commission of, or in an attempt to commit,
17an offense prohibited by Section 4-103 of this Chapter.
18(Source: P.A. 92-443, eff. 1-1-02; 93-456, eff. 8-8-03.)".