97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0983

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/4-107  from Ch. 95 1/2, par. 4-107

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning stolen, converted, recovered, and unclaimed vehicles.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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 the State,
12shall, by the fastest means of communications available to his
13law enforcement agency, immediately report to the State Police,
14in Springfield, Illinois, the theft or recovery of any stolen
15or converted vehicle within his district or jurisdiction. The
16report shall give the date of theft, description of the vehicle
17including color, year of manufacture, manufacturer's trade
18name, manufacturer's series name, body style, vehicle
19identification number and license registration number,
20including the state in which the license was issued and the
21year of issuance, together with the name, residence address,
22business address, and telephone number of the owner. The report
23shall be routed by the originating law enforcement agency

 

 

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1through the State Police District in which such agency is
2located.
3    (b) A registered owner or a lienholder may report the theft
4by conversion of a vehicle, to the State Police, or any other
5police department or Sheriff's office. Such report will be
6accepted as a report of theft and processed only if a formal
7complaint is on file and a warrant issued.
8    (c) An operator of a place of business for garaging,
9repairing, parking or storing vehicles for the public, in which
10a vehicle remains unclaimed, after being left for the purpose
11of garaging, repairing, parking or storage, for a period of 15
12days, shall, within 5 days after the expiration of that period,
13report the vehicle as unclaimed to the municipal police when
14the vehicle is within the corporate limits of any City, Village
15or incorporated Town, or the County Sheriff, or State Police
16when the vehicle is outside the corporate limits of a City,
17Village or incorporated Town. This Section does not apply to
18any vehicle:
19        (1) removed to a place of storage by a law enforcement
20    agency having jurisdiction, in accordance with Sections
21    4-201 and 4-203 of this Act; or
22        (2) left under a garaging, repairing, parking, or
23    storage order signed by the owner, lessor, or other legally
24    entitled person.
25    Failure to comply with this Section will result in the
26forfeiture of storage fees for that vehicle involved.

 

 

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1    (d) The State Police shall keep a complete record of all
2reports filed under this Section of the Act. Upon receipt of
3such report, a careful search shall be made of the records of
4the office of the State Police, and where it is found that a
5vehicle reported recovered was stolen in a County, City,
6Village or Town other than the County, City, Village or Town in
7which it is recovered, the State Police shall immediately
8notify the Sheriff, Superintendent of police, Chief of police,
9or other police officer in command of the Sheriff's office or
10Police department of the County, City, Village or Town in which
11the vehicle was originally reported stolen, giving complete
12data as to the time and place of recovery.
13    (e) Notification of the theft or conversion of a vehicle
14will be furnished to the Secretary of State by the State
15Police. The Secretary of State shall place the proper
16information in the license registration and title registration
17files to indicate the theft or conversion of a motor vehicle or
18other vehicle. Notification of the recovery of a vehicle
19previously reported as a theft or a conversion will be
20furnished to the Secretary of State by the State Police. The
21Secretary of State shall remove the proper information from the
22license registration and title registration files that has
23previously indicated the theft or conversion of a vehicle. The
24Secretary of State shall suspend the registration of a vehicle
25upon receipt of a report from the State Police that such
26vehicle was stolen or converted.

 

 

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1    (f) When the Secretary of State receives an application for
2a certificate of title or an application for registration of a
3vehicle and it is determined from the records of the office of
4the Secretary of State that such vehicle has been reported
5stolen or converted, the Secretary of State shall immediately
6notify the State Police and shall give the State Police the
7name and address of the person or firm titling or registering
8the vehicle, together with all other information contained in
9the application submitted by such person or firm.
10    (g) During the usual course of business the manufacturer of
11any vehicle shall place an original manufacturer's vehicle
12identification number on all such vehicles manufactured and on
13any part of such vehicles requiring an identification number.
14    (h) Except provided in subsection (h-1), if a
15manufacturer's vehicle identification number is missing or has
16been removed, changed or mutilated on any vehicle, or any part
17of such vehicle requiring an identification number, the State
18Police shall restore, restamp or reaffix the vehicle
19identification number plate, or affix a new plate bearing the
20original manufacturer's vehicle identification number on each
21such vehicle and on all necessary parts of the vehicles. A
22vehicle identification number so affixed, restored, restamped,
23reaffixed or replaced is not falsified, altered or forged
24within the meaning of this Act.
25    (h-1) A person engaged in the repair or servicing of
26vehicles may reaffix a manufacturer's identification number

 

 

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1plate on the same damaged vehicle from which it was originally
2removed, if the person reaffixes the original manufacturer's
3identification number plate in place of the identification
4number plate affixed on a new dashboard that has been installed
5in the vehicle. The person must notify the Secretary of State
6each time the original manufacturer's identification number
7plate is reaffixed on a vehicle. The person must keep a record
8indicating that the identification number plate affixed on the
9new dashboard has been removed and has been replaced by the
10manufacturer's identification number plate originally affixed
11on the vehicle. The person also must keep a record regarding
12the status and location of the identification number plate
13removed from the replacement dashboard. The Secretary shall
14adopt rules for implementing this subsection (h-1).
15    (h-2) The owner of a vehicle repaired under subsection
16(h-1) must, within 90 days of the date of the repairs, contact
17an officer of the Illinois State Police Vehicle Inspection
18Bureau and arrange for an inspection of the vehicle, by the
19officer or the officer's designee, at a mutually agreed upon
20date and location.
21    (i) If a vehicle or part of any vehicle is found to have
22the manufacturer's identification number removed, altered,
23defaced or destroyed, the vehicle or part shall be seized by
24any law enforcement agency having jurisdiction and held for the
25purpose of identification. In the event that the manufacturer's
26identification number of a vehicle or part cannot be

 

 

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1identified, the vehicle or part shall be considered contraband,
2and no right of property shall exist in any person owning,
3leasing or possessing such property, unless the person owning,
4leasing or possessing the vehicle or part acquired such without
5knowledge that the manufacturer's vehicle identification
6number has been removed, altered, defaced, falsified or
7destroyed.
8    Either the seizing law enforcement agency or the State's
9Attorney of the county where the seizure occurred may make an
10application for an order of forfeiture to the circuit court in
11the county of seizure. The application for forfeiture shall be
12independent from any prosecution arising out of the seizure and
13is not subject to any final determination of such prosecution.
14The circuit court shall issue an order forfeiting the property
15to the seizing law enforcement agency if the court finds that
16the property did not at the time of seizure possess a valid
17manufacturer's identification number and that the original
18manufacturer's identification number cannot be ascertained.
19The seizing law enforcement agency may:
20        (1) retain the forfeited property for official use; or
21        (2) sell the forfeited property and distribute the
22    proceeds in accordance with Section 4-211 of this Code, or
23    dispose of the forfeited property in such manner as the law
24    enforcement agency deems appropriate.
25    (i-1) If a motorcycle is seized under subsection (i), the
26motorcycle must be returned within 45 days of the date of

 

 

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1seizure to the person from whom it was seized, unless (i)
2criminal charges are pending against that person or (ii) an
3application for an order of forfeiture has been submitted to
4the circuit in the county of seizure or (iii) the circuit court
5in the county of seizure has received from the seizing law
6enforcement agency and has granted a petition to extend, for a
7single 30 day period, the 45 days allowed for return of the
8motorcycle. Except as provided in subsection (i-2), a
9motorcycle returned to the person from whom it was seized must
10be returned in essentially the same condition it was in at the
11time of seizure.
12    (i-2) If any part or parts of a motorcycle seized under
13subsection (i) are found to be stolen and are removed, the
14seizing law enforcement agency is not required to replace the
15part or parts before returning the motorcycle to the person
16from whom it was seized.
17    (j) The State Police shall notify the Secretary of State
18each time a manufacturer's vehicle identification number is
19affixed, reaffixed, restored or restamped on any vehicle. The
20Secretary of State shall make the necessary changes or
21corrections in his records, after the proper applications and
22fees have been submitted, if applicable.
23    (k) Any vessel, vehicle or aircraft used with knowledge and
24consent of the owner in the commission of, or in the attempt to
25commit as defined in Section 8-4 of the Criminal Code of 1961,
26an offense prohibited by Section 4-103 of this Chapter,

 

 

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1including transporting of a stolen vehicle or stolen vehicle
2parts, shall be seized by any law enforcement agency. The
3seizing law enforcement agency may:
4        (1) return the vehicle to its owner if such vehicle is
5    stolen; or
6        (2) confiscate the vehicle and retain it for any
7    purpose which the law enforcement agency deems
8    appropriate; or
9        (3) sell the vehicle at a public sale or dispose of the
10    vehicle in such other manner as the law enforcement agency
11    deems appropriate.
12    If the vehicle is sold at public sale, the proceeds of the
13sale shall be paid to the law enforcement agency.
14    The law enforcement agency shall not retain, sell or
15dispose of a vehicle under paragraphs (2) or (3) of this
16subsection (k) except upon an order of forfeiture issued by the
17circuit court. The circuit court may issue such order of
18forfeiture upon application of the law enforcement agency or
19State's Attorney of the county where the law enforcement agency
20has jurisdiction, or in the case of the Department of State
21Police or the Secretary of State, upon application of the
22Attorney General.
23    The court shall issue the order if the owner of the vehicle
24has been convicted of transporting stolen vehicles or stolen
25vehicle parts and the evidence establishes that the owner's
26vehicle has been used in the commission of such offense.

 

 

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1    The provisions of subsection (k) of this Section shall not
2apply to any vessel, vehicle or aircraft, which has been
3leased, rented or loaned by its owner, if the owner did not
4have knowledge of and consent to the use of the vessel, vehicle
5or aircraft in the commission of, or in an attempt to commit,
6an offense prohibited by Section 4-103 of this Chapter.
7(Source: P.A. 92-443, eff. 1-1-02; 93-456, eff. 8-8-03.)