Full Text of HB3890 97th General Assembly
HB3890ham001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 8 | | vehicles.
| 9 | | (a) Every Sheriff, Superintendent of police, Chief of | 10 | | police or other police
officer in command of any Police | 11 | | department in any City, Village or Town of
the State, shall, by | 12 | | the fastest means of communications available to his law
| 13 | | enforcement agency, immediately report to the State Police, in | 14 | | Springfield,
Illinois, the theft or recovery of any stolen or | 15 | | converted vehicle within
his district or jurisdiction. The | 16 | | report shall give the date of theft,
description of the vehicle |
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| 1 | | including color, year of manufacture,
manufacturer's trade | 2 | | name, manufacturer's series name, body style, vehicle
| 3 | | identification number and license registration number, | 4 | | including the state
in which the license was issued and the | 5 | | year of issuance, together with the
name, residence address, | 6 | | business address, and telephone number of the
owner. The report | 7 | | shall be routed by the originating law enforcement
agency | 8 | | through the State Police District in which such agency is | 9 | | located.
| 10 | | (b) A registered owner or a lienholder may report the theft | 11 | | by
conversion of a vehicle, to the State Police, or any other | 12 | | police
department or Sheriff's office. Such report will be | 13 | | accepted as a report
of theft and processed only if a formal | 14 | | complaint is on file and a warrant
issued.
| 15 | | (c) An operator of a place of business for garaging, | 16 | | repairing, parking
or storing vehicles for the public, in which | 17 | | a vehicle remains unclaimed,
after being left for the purpose | 18 | | of garaging, repairing, parking or storage,
for a period of 15 | 19 | | days, shall, within 5 days after the expiration of that
period, | 20 | | report the vehicle as unclaimed to the municipal police
when | 21 | | the vehicle is within the corporate limits of any City, Village | 22 | | or
incorporated Town, or the County Sheriff, or State Police | 23 | | when the vehicle
is outside the corporate limits of a City, | 24 | | Village or incorporated Town. This
Section does not apply to | 25 | | any 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
| 7 | | forfeiture of storage fees for that vehicle involved.
| 8 | | (d) The State Police shall keep a complete record of all | 9 | | reports filed
under this Section of the Act. Upon receipt of | 10 | | such report, a careful
search shall be made of the records of | 11 | | the office of the State Police,
and where it is found that a | 12 | | vehicle reported recovered was stolen in a
County, City, | 13 | | Village or Town other than the County, City, Village or
Town in | 14 | | which it is recovered, the State Police shall immediately
| 15 | | notify the Sheriff, Superintendent of police, Chief of police, | 16 | | or other
police officer in command of the Sheriff's office or | 17 | | Police
department of the County, City, Village or Town in which | 18 | | the vehicle
was originally reported stolen, giving complete | 19 | | data as to the time
and place of recovery.
| 20 | | (e) Notification of the theft or conversion of a vehicle | 21 | | will be
furnished to the Secretary of State by the State | 22 | | Police. The Secretary
of State shall place the proper | 23 | | information in the license registration and
title registration | 24 | | files to indicate the theft or conversion of a motor
vehicle or | 25 | | other vehicle. Notification of the recovery of a vehicle
| 26 | | previously reported as a theft or a conversion will be |
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| 1 | | furnished to the
Secretary of State by the State Police. The | 2 | | Secretary of State shall remove
the proper information from the | 3 | | license registration and title registration
files that has | 4 | | previously indicated the theft or conversion of a vehicle.
The | 5 | | Secretary of State shall suspend the registration of a vehicle | 6 | | upon
receipt of a report from the State Police that such | 7 | | vehicle was stolen or
converted.
| 8 | | (f) When the Secretary of State receives an application for | 9 | | a certificate
of title or an application for registration of a | 10 | | vehicle and it is determined
from the records of the office of | 11 | | the Secretary of State that such vehicle
has been reported | 12 | | stolen or converted, the Secretary of State shall immediately
| 13 | | notify the State Police and shall give the State Police the | 14 | | name and address
of the person or firm titling or registering | 15 | | the vehicle, together with all
other information contained in | 16 | | the application submitted by such person or
firm.
| 17 | | (g) During the usual course of business the manufacturer of | 18 | | any
vehicle shall place an original manufacturer's vehicle | 19 | | identification
number on all such vehicles manufactured and on | 20 | | any part of such
vehicles requiring an identification number. | 21 | | Beginning January 1, 2013, a vehicle subject to registration | 22 | | under this Code that has not been fitted with an original | 23 | | manufacturer's vehicle identification number shall be affixed | 24 | | with a visible metal identification tag.
| 25 | | (h) Except provided in subsection (h-1), if a | 26 | | manufacturer's vehicle
identification number is missing
or has |
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| 1 | | been removed, changed or mutilated on any vehicle, or any
part | 2 | | of such vehicle requiring an identification number, the State | 3 | | Police
shall restore, restamp or reaffix the vehicle | 4 | | identification number plate,
or affix a new plate bearing the | 5 | | original manufacturer's vehicle
identification number on each | 6 | | such vehicle and on all necessary parts of
the vehicles.
A | 7 | | vehicle identification number so
affixed, restored,
restamped, | 8 | | reaffixed or replaced is not falsified, altered or forged
| 9 | | within the meaning of this Act.
| 10 | | (h-1) A person engaged in the repair or servicing of | 11 | | vehicles may reaffix
a
manufacturer's identification number | 12 | | plate on the same damaged vehicle from
which it
was originally | 13 | | removed, if the person reaffixes the original manufacturer's
| 14 | | identification
number plate in place of the identification | 15 | | number plate affixed on a new
dashboard that
has been installed | 16 | | in the vehicle. The person must notify the Secretary of
State | 17 | | each time
the original manufacturer's identification number | 18 | | plate is reaffixed on a
vehicle. The
person must keep a record | 19 | | indicating that the identification number plate
affixed on the
| 20 | | new dashboard has been removed and has been replaced by the | 21 | | manufacturer's
identification number plate originally affixed | 22 | | on the vehicle. The person also
must keep a
record regarding | 23 | | the status and location of the identification number plate
| 24 | | removed from
the replacement dashboard.
The Secretary shall | 25 | | adopt 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 | 2 | | an officer of the Illinois
State Police Vehicle Inspection | 3 | | Bureau and arrange for an inspection of the
vehicle, by the | 4 | | officer or the officer's designee, at a mutually agreed upon
| 5 | | date and location.
| 6 | | (i) If a vehicle or part of any vehicle is found to
have | 7 | | the manufacturer's identification number removed, altered, | 8 | | defaced or
destroyed, the vehicle or part shall be seized by | 9 | | any law enforcement
agency having jurisdiction and held for the | 10 | | purpose of identification. In the
event that the manufacturer's | 11 | | identification number of a vehicle or part
cannot be | 12 | | identified, the vehicle or part shall be considered contraband, | 13 | | and
no right of property shall exist in any person owning, | 14 | | leasing or possessing
such property, unless the person owning, | 15 | | leasing or possessing the
vehicle or part acquired such without | 16 | | knowledge that the manufacturer's
vehicle identification | 17 | | number has been removed, altered, defaced, falsified
or | 18 | | destroyed.
| 19 | | Either the seizing law enforcement agency or the State's | 20 | | Attorney of
the county where the seizure occurred may make an | 21 | | application for an order
of forfeiture to the circuit court in | 22 | | the county of seizure. The
application for forfeiture shall be | 23 | | independent from any prosecution
arising out of the seizure and | 24 | | is not subject to any final determination of
such prosecution. | 25 | | The circuit court shall issue an order forfeiting the
property | 26 | | to the seizing law enforcement agency if the court finds that |
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| 1 | | the
property did not at the time of seizure possess a valid | 2 | | manufacturer's
identification number and that the original | 3 | | manufacturer's identification
number cannot be ascertained. | 4 | | The 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 | 11 | | motorcycle
must be returned within 45 days of the date of | 12 | | seizure to the person from whom
it was seized, unless
(i) | 13 | | criminal charges are pending against that person or (ii) an | 14 | | application
for
an
order of forfeiture has been submitted to | 15 | | the circuit in the county of
seizure or (iii) the circuit court | 16 | | in the county of seizure has received from
the seizing law | 17 | | enforcement agency and has granted a petition to extend, for a
| 18 | | single 30 day period, the 45 days allowed for return of the | 19 | | motorcycle. Except
as provided in subsection (i-2), a | 20 | | motorcycle returned to the person from whom
it was seized must | 21 | | be returned in essentially the same condition it was in at
the
| 22 | | time of seizure.
| 23 | | (i-2) If any part or parts of a motorcycle seized under | 24 | | subsection (i) are
found to be
stolen and are removed, the | 25 | | seizing law enforcement agency is not required to
replace the | 26 | | part or parts before returning the motorcycle to the person |
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| 1 | | from
whom it
was seized.
| 2 | | (j) The State Police shall notify the Secretary
of State
| 3 | | each time a manufacturer's vehicle identification number is | 4 | | affixed, reaffixed,
restored or restamped on any vehicle. The | 5 | | Secretary of State shall make
the necessary changes or | 6 | | corrections in his records, after the proper
applications and | 7 | | fees have been submitted, if applicable.
| 8 | | (k) Any vessel, vehicle or aircraft used with knowledge and | 9 | | consent
of the owner in the commission of, or in the attempt to | 10 | | commit as defined
in Section 8-4 of the Criminal Code of 1961, | 11 | | an offense prohibited
by Section 4-103 of this Chapter, | 12 | | including transporting of a stolen vehicle
or stolen vehicle | 13 | | parts, shall be seized by any law enforcement
agency. The | 14 | | seizing 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 | 24 | | sale shall be
paid to the law enforcement agency.
| 25 | | The law enforcement agency shall not retain, sell or | 26 | | dispose of a vehicle
under paragraphs (2) or (3) of this |
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| 1 | | subsection (k) except upon an order
of forfeiture issued by the | 2 | | circuit court. The circuit court may issue
such order of | 3 | | forfeiture upon application of the law enforcement agency
or | 4 | | State's Attorney of the county where the law enforcement agency | 5 | | has
jurisdiction, or in the case of the Department of State | 6 | | Police or the
Secretary of State, upon application of the | 7 | | Attorney General.
| 8 | | The court shall issue the order if the owner of the vehicle | 9 | | has been
convicted of transporting stolen vehicles or stolen | 10 | | vehicle parts and the
evidence establishes that the owner's | 11 | | vehicle has been used in the commission
of such offense.
| 12 | | The provisions of subsection (k) of this Section shall not | 13 | | apply to any
vessel, vehicle or aircraft, which has been | 14 | | leased, rented or loaned by
its owner, if the owner did not | 15 | | have knowledge of and consent to the use
of the vessel, vehicle | 16 | | or aircraft in the commission of, or in an attempt
to commit, | 17 | | an 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.)".
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