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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/3-905
(625 ILCS 5/3-905) (from Ch. 95 1/2, par. 3-905)
Sec. 3-905. Bond; fee; duration of license. Such applicant shall,
with
his application, deposit with the Secretary of State a bond as hereinafter
provided, for each location at which the applicant intends to act as a
remittance agent. The application shall be accompanied by the payment of a
license fee in the sum of $50.00 (or $25.00 if such application is filed
after July 1) for each location at which he proposes to act as a remittance
agent. If the applicant shall have complied with all of the requirements of
this Section and the Secretary of State shall find after investigation that
the applicant is financially sound and of good business integrity, he shall
issue the required license. Such license shall terminate on December 31 of
the year for which it is issued, but upon application prior to November 15
of any year for which a license is in effect may be renewed for the next
succeeding calendar year. Such application shall be accompanied by the
payment of an annual license fee of $50.00 for each location at which the
applicant proposes to act as a remittance agent and the posting of the bond
herein provided, for each such location.
The bond required by this Section shall be for the term of the
license, or renewal thereof, for which application is made, and shall
run to the People of the State of Illinois, with surety by a bonding or
insurance company authorized to do business in this State, to be
approved by the Secretary of State. It shall be conditioned upon the
proper transmittal of all remittances by the applicant as a
remittance agent and the performance of all undertakings in connection
therewith. It shall be in the minimum sum of $20,000, or in an amount
equal to the aggregate sum of money transmitted to the State by
the applicant during the highest 15 day period in the fiscal
year
immediately preceding the one for which application is made (rounded to
the nearest $1,000), whichever is the greater. However, for the purpose
of determining the bond requirements hereunder, remittances made by
applicants in the form of money orders, checks, or electronic payments which are made payable
directly to the Secretary of State or the Illinois Department of
Revenue by the remitter, shall not be
considered in the aggregate. The bond requirement of this
Section shall not
apply to banks, savings and loan associations, and credit
unions chartered by the State
of Illinois or the United States; provided that the banks, savings
and
loan associations, and credit unions provide to the
Secretary of State an affidavit stating that
the bank, savings and loan association, or credit union is
sufficiently bonded to meet the
requirements as required above. Such affidavit shall be signed by an officer
of the bank, savings and loan association, or credit union and
shall be notarized.
(Source: P.A. 99-324, eff. 1-1-16; 100-450, eff. 1-1-18 .)
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625 ILCS 5/3-906
(625 ILCS 5/3-906) (from Ch. 95 1/2, par. 3-906)
Sec. 3-906. Denial.
The Secretary of State shall deny any application under this Article
upon any of the following grounds:
(1) That the application contains any false or | |
(2) That the applicant has failed to furnish the
| | information required by the Secretary or to file a bond as required; or
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(3) That the required fee has not been paid; or
(4) That the applicant has failed to remit fees to
| | the Secretary of State or the Department of Revenue; or
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(5) That the applicant has engaged in fraudulent
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(6) That the applicant or a member of his immediate
| | family is an employee of the Secretary of State; or
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(7) That the Secretary of State is authorized under
| | any other provision of law.
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If the Secretary of State denies the application for a license, or
renewal thereof, he shall so order in writing and
notify the applicant thereof by certified mail. Upon the denial of an
application for a license, or renewal thereof, he shall return the license
fee. An applicant may contest the denial of an application for a license or renewal thereof by requesting an administrative hearing pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)
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625 ILCS 5/3-907
(625 ILCS 5/3-907) (from Ch. 95 1/2, par. 3-907)
Sec. 3-907. Suspension or revocation.
Such license may be suspended or revoked by the Secretary of State for
the violation of any provision of this Act or any rule or regulation of the
Secretary of State and for any reason which, had it existed or been known
to the Secretary of State at the time of the filing of the application for
such license, would have been good cause for the denial of such
application. The Secretary of State shall order such license suspended or revoked in writing and shall notify the licensee of the order by certified mail. A licensee may, upon receipt of an order of suspension or
revocation seek a hearing to review such order pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)
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625 ILCS 5/3-908
(625 ILCS 5/3-908) (from Ch. 95 1/2, par. 3-908)
Sec. 3-908.
Location.
A licensee may not do business at a location not set forth in his
license, but the Secretary of State may issue an amended license covering
an additional location or locations, upon application therefor, the payment
of an additional license fee and the posting of the required bond for each
such location.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-909
(625 ILCS 5/3-909) (from Ch. 95 1/2, par. 3-909)
Sec. 3-909.
Money accepted for remittance - Obligations of licensee.
Each licensee shall forward to the remittee all money accepted for
remittance not later than the fifth calendar day after the date upon which
such money was received by the licensee, and shall promptly fulfill any
other obligation it has undertaken in connection therewith.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-910
(625 ILCS 5/3-910) (from Ch. 95 1/2, par. 3-910)
Sec. 3-910.
Records of transactions.
Each licensee shall maintain for a period of three years the following
records with reference to each transaction involving a remittance:
1. The address of the location at which the transaction occurred.
2. The name and address of the remitter.
3. The name and address of the remittee.
4. The purpose of the remittance.
5. The amount of money received for remittance.
6. The date of receipt of the money for remittance by the licensee.
7. The date such money was forwarded to the remittee.
8. If applicable, the date the license plate, vehicle tax sticker,
license or other instrument issued by the remittee, was delivered to the
remitter by the licensee.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-911
(625 ILCS 5/3-911) (from Ch. 95 1/2, par. 3-911)
Sec. 3-911.
Examination of business.
The Secretary of State or any of his representatives designated by him
may examine the business of any person who acts, or may be acting, as a
remittance agent, to determine whether such person is complying with the
provisions of this Act and with such rules and regulations as may be
promulgated by the Secretary of State pursuant to its provisions. For that
purpose, the Secretary of State or his representatives shall have free
access to the offices, places of business, and records of any such person.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-912
(625 ILCS 5/3-912) (from Ch. 95 1/2, par. 3-912)
Sec. 3-912.
Rules and regulations.
The Secretary of State may make such rules, regulations, direction,
orders, decisions and findings as may be necessary for the enforcement of
this Act and the purposes sought to be attained herein.
(Source: P.A. 76-1705.)
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625 ILCS 5/3-913
(625 ILCS 5/3-913) (from Ch. 95 1/2, par. 3-913)
Sec. 3-913. Hearings. Hearings under this Article shall be governed by Section 2-118 of this
Act and the Administrative Review Law as amended, shall apply to and
govern all proceedings for judicial review of any final order issued by the
Secretary of State.
(Source: P.A. 97-832, eff. 7-20-12.)
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625 ILCS 5/3-914
(625 ILCS 5/3-914) (from Ch. 95 1/2, par. 3-914)
Sec. 3-914.
Violations - Injunction.
The violation of any provision of this Act by any remittance agent may
be restrained by the issuance of an injunction by
the circuit court, against him and any other person who shall aid or abet him in
such violation, upon filing of a complaint by any person adversely affected
thereby, the State's Attorney of such county, or by the Attorney General of
the State of Illinois.
(Source: P.A. 79-1358.)
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625 ILCS 5/3-915
(625 ILCS 5/3-915) (from Ch. 95 1/2, par. 3-915)
Sec. 3-915.
Any person who violates, or who aids or abets another in the violation,
of any provision of this Act or any rule or regulation promulgated
thereunder, or does any act prohibited by this Act, or who fails, neglects,
or refuses to perform any duty required by any provision of this Act or
rule or regulation of the Secretary of State, within the time prescribed by
the Secretary of State, or who fails, neglects, or refuses to obey any
lawful order given or made by the Secretary of State, shall be guilty of a
Class B misdemeanor, and each such act, failure, neglect, or refusal shall
constitute a separate and distinct offense.
(Source: P.A. 77-2720 .)
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625 ILCS 5/3-916
(625 ILCS 5/3-916) (from Ch. 95 1/2, par. 3-916)
Sec. 3-916.
Issuance of license - Effect.
The issuance of a license pursuant to the provisions of this Act shall
not be construed to grant to any remittance agent the authority to act as
agent for the State of Illinois or any of its instrumentalities or
political subdivisions, or for any of their officials or for any other
person.
(Source: P.A. 76-1705 .)
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625 ILCS 5/3-917
(625 ILCS 5/3-917) (from Ch. 95 1/2, par. 3-917)
Sec. 3-917.
Recovery of damages.
Any person who shall have been damaged by reason of the failure of any
"remittance agent" to fulfill the conditions of any bond filed pursuant to
the provisions of this Act may maintain a suit thereon to recover his
damages and his reasonable attorney's fees, against such "remittance agent"
or his surety, or both: provided, however, the aggregate liability of the
surety to all such persons shall, in no event, exceed the sum of such bond.
(Source: P.A. 76-1705 .)
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625 ILCS 5/3-918
(625 ILCS 5/3-918)
Sec. 3-918. (Repealed).
(Source: P.A. 98-756, eff. 7-16-14. Repealed by P.A. 98-787, eff. 7-25-14.)
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625 ILCS 5/Ch. 3 Art. X
(625 ILCS 5/Ch. 3 Art. X heading)
ARTICLE X.
VEHICLE USE TAX
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625 ILCS 5/3-1001
(625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
Sec. 3-1001. A tax is hereby imposed on the privilege of using, in this
State, any motor vehicle as defined in Section 1-146 of this Code acquired by
gift, transfer, or purchase, and having a year model designation preceding the
year of application for title by 5 or fewer years prior to October 1, 1985 and
10 or fewer years on and after October 1, 1985 and prior to January 1, 1988.
On and after January 1, 1988, the tax shall apply to all motor vehicles without
regard to model year. Except that the tax shall not apply
(i) if the use of the motor vehicle is otherwise | | taxed under the Use Tax Act;
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(ii) if the motor vehicle is bought and used by a
| | governmental agency or a society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes;
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(iii) if the use of the motor vehicle is not subject
| | to the Use Tax Act by reason of subsection (a), (b), (c), (d), (e) or (f) of Section 3-55 of that Act dealing with the prevention of actual or likely multistate taxation;
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(iv) to implements of husbandry;
(v) when a junking certificate is issued pursuant to
| | Section 3-117(a) of this Code;
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(vi) when a vehicle is subject to the replacement
| | vehicle tax imposed by Section 3-2001 of this Act;
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(vii) when the transfer is a gift to a beneficiary in
| | the administration of an estate and the beneficiary is a surviving spouse.
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Prior to January 1, 1988, the rate of tax shall be 5% of the selling
price for each purchase of a motor vehicle covered by Section 3-1001 of
this Code. Except as hereinafter provided, beginning January 1, 1988 and until January 1, 2022, the
rate of tax shall be as follows for transactions in which the selling price
of the motor vehicle is less than $15,000:
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Number of Years Transpired After |
Applicable Tax |
Model Year of Motor Vehicle |
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1 or less |
$390 |
2 |
290 |
3 |
215 |
4 |
165 |
5 |
115 |
6 |
90 |
7 |
80 |
8 |
65 |
9 |
50 |
10 |
40 |
over 10 |
25 |
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Except as hereinafter provided, beginning January 1, 1988 and until January 1, 2022, the rate of
tax shall be as follows for transactions in which the selling price of the
motor vehicle is $15,000 or more:
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Selling Price |
Applicable Tax |
$15,000 - $19,999 |
$ 750 |
$20,000 - $24,999 |
$1,000 |
$25,000 - $29,999 |
$1,250 |
$30,000 and over |
$1,500 |
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Except as hereinafter provided, beginning on January 1, 2022, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is less than $15,000:
(1) if one year or less has transpired after the
| | model year of the vehicle, then the applicable tax is $465;
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| (2) if 2 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $365;
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| (3) if 3 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $290;
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| (4) if 4 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $240;
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| (5) if 5 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $190;
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| (6) if 6 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $165;
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| (7) if 7 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $155;
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| (8) if 8 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $140;
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| (9) if 9 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $125;
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| (10) if 10 years have transpired after the model year
| | of the motor vehicle, then the applicable tax is $115; and
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| (11) if more than 10 years have transpired after the
| | model year of the motor vehicle, then the applicable tax is $100.
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| Except as hereinafter provided, beginning on January 1, 2022, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is $15,000 or more:
(1) if the selling price is $15,000 or more, but less
| | than $20,000, then the applicable tax shall be $850;
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| (2) if the selling price is $20,000 or more, but less
| | than $25,000, then the applicable tax shall be $1,100;
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| (3) if the selling price is $25,000 or more, but less
| | than $30,000, then the applicable tax shall be $1,350;
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| (4) if the selling price is $30,000 or more, but less
| | than $50,000, then the applicable tax shall be $1,600;
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| (5) if the selling price is $50,000 or more, but less
| | than $100,000, then the applicable tax shall be $2,600;
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| (6) if the selling price is $100,000 or more, but
| | less than $1,000,000, then the applicable tax shall be $5,100; and
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| (7) if the selling price is $1,000,000 or more, then
| | the applicable tax shall be $10,100.
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| For the following transactions, the tax rate shall be $15 for each
motor vehicle acquired in such transaction:
(i) when the transferee or purchaser is the spouse,
| | mother, father, brother, sister or child of the transferor;
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(ii) when the transfer is a gift to a beneficiary in
| | the administration of an estate, including, but not limited to, the administration of an inter vivos trust that became irrevocable upon the death of a grantor, and the beneficiary is not a surviving spouse;
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(iii) when a motor vehicle which has once been
| | subjected to the Illinois retailers' occupation tax or use tax is transferred in connection with the organization, reorganization, dissolution or partial liquidation of an incorporated or unincorporated business wherein the beneficial ownership is not changed.
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A claim that the transaction is taxable under subparagraph (i) shall be
supported by such proof of family relationship as provided by rules of the
Department.
For a transaction in which a motorcycle, motor driven cycle or moped is acquired the tax rate shall be $25.
On and after October 1, 1985 and until January 1, 2022, 1/12 of $5,000,000 of the moneys received
by the Department of Revenue pursuant to this Section shall be paid each
month into the Build Illinois Fund; on and after January 1, 2022, 1/12 of $40,000,000 of the moneys received
by the Department of Revenue pursuant to this Section shall be paid each
month into the Build Illinois Fund; and the remainder shall be paid into the General
Revenue Fund.
The tax imposed by this Section shall be abated and no longer imposed
when the amount deposited to secure the bonds issued pursuant to the Build
Illinois Bond Act is sufficient to provide for the payment of the principal
of, and interest and premium, if any, on the bonds, as certified to the
State Comptroller and the Director of Revenue by the Director of the
Governor's Office of Management and Budget.
(Source: P.A. 102-353, eff. 1-1-22; 102-762, eff. 5-13-22.)
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625 ILCS 5/3-1002
(625 ILCS 5/3-1002) (from Ch. 95 1/2, par. 3-1002)
Sec. 3-1002.
The purchaser shall file a return signed by the purchaser
with the Department of
Revenue on a form prescribed by the Department. Such return shall
contain substantially the following and such other information as
the Department may reasonably require:
VERIFICATION
I declare that I have examined this return and to the best of my
knowledge it is true, correct and complete. I understand that the penalty
for willfully filing a false return shall be a fine not to exceed $1,000 or imprisonment
in a penal institution other than the penitentiary not
to exceed one year, or both fine and imprisonment. ..................... ........................ Date Signature of purchaser
Such
return and payment from the purchaser shall be submitted to the
Department after the sale and shall be a condition to securing in order
to secure the title to the motor
vehicle from the Secretary of State.
When a purchaser pays the tax imposed by Section 3-1001 of this Code,
the Department (upon request therefor from such purchaser) shall issue
an appropriate receipt to such purchaser showing that he has paid such
tax to the Department. Such receipt shall be sufficient to relieve the
purchaser from further liability for the tax to which such receipt may
refer.
(Source: P.A. 84-109 .)
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625 ILCS 5/3-1002.1
(625 ILCS 5/3-1002.1) (from Ch. 95 1/2, par. 3-1002.1)
Sec. 3-1002.1.
Any person required to file a return under this Article
who willfully files a false or incomplete return is guilty of a Class
A misdemeanor.
(Source: P.A. 84-109.)
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625 ILCS 5/3-1002.2
(625 ILCS 5/3-1002.2) (from Ch. 95 1/2, par. 3-1002.2)
Sec. 3-1002.2.
For the purpose of assisting in
determining the validity
of the "selling price" reported on returns filed with the Department, the
Department may furnish the following information to persons with whom the
Department has contracted for service related to making such determination:
the selling price stated on the return; vehicle identification number;
year, make and model name or number of the vehicle; county code; purchase
date; and mileage.
(Source: P.A. 84-1307; 84-1438.)
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625 ILCS 5/3-1003
(625 ILCS 5/3-1003) (from Ch. 95 1/2, par. 3-1003)
Sec. 3-1003.
The Department shall have full power to administer and enforce
this Article; to collect all taxes, penalties and interest due hereunder; to
dispose of taxes, penalties and interest so collected in the manner hereinafter
provided, and to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax penalty or interest hereunder.
In the administration of, and compliance with, this Article, the Department
and persons who are subject to this Article shall have the same rights,
remedies, privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and definitions
of terms, and employ the same modes of procedure, as are prescribed in the
Use Tax Act, as now or hereafter amended, which are not inconsistent with
this Article, as fully as if provisions contained in those Sections of the
Use Tax Act were set forth in this Article.
In addition to any other penalties imposed under law, any person
convicted of violating the provisions of this Article, shall be assessed a
fine of $1,000.
(Source: P.A. 85-444.)
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625 ILCS 5/3-1004
(625 ILCS 5/3-1004) (from Ch. 95 1/2, par. 3-1004)
Sec. 3-1004.
The State Department of Revenue shall, upon collecting any
taxes as provided in this Article, pay such taxes over to the General
Revenue Fund.
(Source: P.A. 84-471.)
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625 ILCS 5/3-1005
(625 ILCS 5/3-1005) (from Ch. 95 1/2, par. 3-1005)
Sec. 3-1005.
The Department shall have the authority to adopt such rules
and regulations as are reasonable and necessary to implement the provisions
of this Article.
(Source: P.A. 81-2nd S.S.-3.)
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625 ILCS 5/3-1006
(625 ILCS 5/3-1006) (from Ch. 95 1/2, par. 3-1006)
Sec. 3-1006.
For the purposes of this Article, "Department" is the Department
of Revenue of the State of Illinois.
(Source: P.A. 81-2nd S.S.-3.)
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625 ILCS 5/Ch. 3 Art. XI
(625 ILCS 5/Ch. 3 Art. XI heading)
ARTICLE XI.
REPLACEMENT VEHICLE TAX
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625 ILCS 5/3-2001
(625 ILCS 5/3-2001) (from Ch. 95 1/2, par. 3-2001)
Sec. 3-2001.
Until July 1, 2003, a tax of $200 is hereby imposed on the
purchase of any
passenger car as defined in Section 1-157 of this Code, purchased in
Illinois by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed by this Section shall apply only to that portion of the
purchase price of the replacement vehicle paid by the insurance company in
settlement of the total loss claim, but not including any portion of such
insurance payment which exceeds the market value of the total loss vehicle.
(Source: P.A. 93-24, eff. 6-20-03.)
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625 ILCS 5/3-2002
(625 ILCS 5/3-2002) (from Ch. 95 1/2, par. 3-2002)
Sec. 3-2002.
The purchaser insurance company or broker for an insurance
company shall file a return with the Department of
Revenue on a form prescribed by the Department. Such return shall
contain such information as the Department may reasonably require. Such
return and payment from the purchaser shall be submitted to the
Department after the sale in order to secure the title to the motor
vehicle.
When a purchaser pays the tax imposed by Section 3-2001 of this Code,
the Department (upon request therefor from such purchaser) shall issue
an appropriate receipt to such purchaser showing that he has paid such
tax to the Department. Such receipt shall be sufficient to relieve the
purchaser from further liability for the tax to which such receipt may
refer.
(Source: P.A. 83-114.)
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625 ILCS 5/3-2003
(625 ILCS 5/3-2003) (from Ch. 95 1/2, par. 3-2003)
Sec. 3-2003.
The Department shall have full power to administer and enforce
this Article; to collect all taxes, penalties and interest due hereunder;
to dispose of taxes, penalties and interest so collected in the manner hereinafter
provided, and to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax penalty or interest hereunder.
In the administration of, and compliance with, this Article, the Department
and persons who are subject to this Article shall have the same rights,
remedies, privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and definitions
of terms, and employ the same modes of procedure, as are prescribed in the Use Tax Act,
as now or hereafter amended, which are not inconsistent with this Article,
as fully as if provisions contained in those Sections of the Use Tax Act
were set forth in this Article.
(Source: P.A. 83-114.)
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625 ILCS 5/3-2004
(625 ILCS 5/3-2004) (from Ch. 95 1/2, par. 3-2004)
Sec. 3-2004.
The State Department of Revenue shall, upon collecting
any taxes as provided in this Article, pay such taxes over to the General
Revenue Fund.
(Source: P.A. 84-471.)
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625 ILCS 5/3-2005
(625 ILCS 5/3-2005) (from Ch. 95 1/2, par. 3-2005)
Sec. 3-2005.
The Department shall have the authority to adopt such rules
and regulations as are reasonable and necessary to implement the provisions
of this Article.
(Source: P.A. 83-114.)
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625 ILCS 5/3-2006
(625 ILCS 5/3-2006) (from Ch. 95 1/2, par. 3-2006)
Sec. 3-2006.
For the purposes of this Article, "Department" is the Department
of Revenue of the State of Illinois.
(Source: P.A. 83-114.)
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625 ILCS 5/Ch. 4
(625 ILCS 5/Ch. 4 heading)
CHAPTER 4.
ANTI-THEFT LAWS AND ABANDONED VEHICLES
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625 ILCS 5/Ch. 4 Art. I
(625 ILCS 5/Ch. 4 Art. I heading)
ARTICLE I.
ANTI-THEFT LAWS
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625 ILCS 5/4-100
(625 ILCS 5/4-100) (from Ch. 95 1/2, par. 4-100)
Sec. 4-100.
(Repealed).
(Source: P.A. 85-572. Repealed by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/4-101
(625 ILCS 5/4-101) (from Ch. 95 1/2, par. 4-101)
Sec. 4-101.
Applicability of this Chapter.
The provisions of this Chapter apply to all vehicles.
(Source: P.A. 76-1586.)
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625 ILCS 5/4-102
(625 ILCS 5/4-102) (from Ch. 95 1/2, par. 4-102)
Sec. 4-102.
Offenses relating to motor vehicles and other
vehicles - Misdemeanors.
(a) It is a violation of this Chapter for:
(1) A person, without authority to do so, to damage a | | vehicle or to damage or remove any part of a vehicle;
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(2) A person, without authority to do so, to tamper
| | with a vehicle or go in it, on it, or work or attempt to work any of its parts, or set or attempt to set it in motion;
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(3) A person to fail to report a vehicle as unclaimed
| | in accordance with the provisions of Section 4-107.
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(b) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor. A person convicted of a violation of
this Section a second or subsequent time, shall be guilty of a Class 4 felony.
(Source: P.A. 86-1209.)
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625 ILCS 5/4-103
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
(1) A person not entitled to the possession of a | | vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted. Knowledge that a vehicle or essential part is stolen or converted may be inferred: (A) from the surrounding facts and circumstances, which would lead a reasonable person to believe that the vehicle or essential part is stolen or converted; or (B) if the person exercises exclusive unexplained possession over the stolen or converted vehicle or essential part, regardless of whether the date on which the vehicle or essential part was stolen is recent or remote;
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(2) A person to knowingly remove, alter, deface,
| | destroy, falsify, or forge a manufacturer's identification number of a vehicle or an engine number of a motor vehicle or any essential part thereof having an identification number;
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(3) A person to knowingly conceal or misrepresent the
| | identity of a vehicle or any essential part thereof;
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(4) A person to buy, receive, possess, sell or
| | dispose of a vehicle, or any essential part thereof, with knowledge that the identification number of the vehicle or any essential part thereof having an identification number has been removed or falsified;
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(5) A person to knowingly possess, buy, sell,
| | exchange, give away, or offer to buy, sell, exchange or give away, any manufacturer's identification number plate, mylar sticker, federal certificate label, State police reassignment plate, Secretary of State assigned plate, rosette rivet, or facsimile of such which has not yet been attached to or has been removed from the original or assigned vehicle. It is an affirmative defense to subsection (a) of this Section that the person possessing, buying, selling or exchanging a plate mylar sticker or label described in this paragraph is a police officer doing so as part of his official duties, or is a manufacturer's authorized representative who is replacing any manufacturer's identification number plate, mylar sticker or Federal certificate label originally placed on the vehicle by the manufacturer of the vehicle or any essential part thereof;
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(6) A person to knowingly make a false report of the
| | theft or conversion of a vehicle to any police officer of this State or any employee of a law enforcement agency of this State designated by the law enforcement agency to take, receive, process, or record reports of vehicle theft or conversion.
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(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be installed in the vehicle. The person must notify the
Secretary of State
each time the original manufacturer's identification number plate is reaffixed
on a
vehicle. The person must keep a record indicating that the identification
number plate
affixed on the new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed on the vehicle.
The person
also must keep a record regarding the status and location of the identification
number
plate removed from the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(b) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class 2 felony.
(c) The offenses set forth in subsection (a) of this Section shall not
include the offense set forth in Section 4-103.2 of this Code.
(Source: P.A. 100-745, eff. 8-10-18.)
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625 ILCS 5/4-103.1
(625 ILCS 5/4-103.1) (from Ch. 95 1/2, par. 4-103.1)
Sec. 4-103.1.
Vehicle theft conspiracy.
(a) Elements of the offense. A
person commits vehicle theft conspiracy when, with intent that a violation
of Section 4-103 of this Code be committed, he agrees with another to the
commission of such an offense. No person may be convicted of vehicle theft
conspiracy unless an overt act in furtherance of such an agreement is
alleged and proved to have been committed by him or by a co-conspirator,
and the accused is part of a common plan or scheme to engage in the unlawful
activity.
(b) Co-conspirators. It shall not be a defense to vehicle theft
conspiracy that the person or persons with whom the accused is alleged
to have conspired:
(1) has not been prosecuted or convicted;
(2) has been convicted of a different offense;
(3) is not amenable to justice;
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(c) Sentence. Vehicle theft conspiracy to violate Section 4-103 of
this Code is a Class 2 felony. Vehicle theft conspiracy to violate
Section 4-103.2 of this Code is a Class 1 felony.
(Source: P.A. 86-1209.)
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625 ILCS 5/4-103.2
(625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2)
Sec. 4-103.2.
Aggravated offenses relating to motor vehicles and other
vehicles-Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
(1) a person not entitled to the possession of 3 or | | more vehicles, 3 or more essential parts of different vehicles, or a combination thereof, to receive, possess, conceal, sell, dispose of or transfer, those vehicles or parts of vehicles at the same time or within a one year period knowing that these vehicles or parts of vehicles are stolen or converted;
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(2) a person to buy, receive, possess, sell or
| | dispose of 3 or more vehicles, 3 or more essential parts of different vehicles, or a combination thereof, at the same time or within a one year period, knowing that the identification numbers of the vehicles or the essential parts with an identification number have been removed or falsified;
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(3) a person not entitled to the possession of a
| | vehicle having a value of $25,000 or greater to receive, possess, conceal, sell, dispose or transfer the vehicle, knowing that the vehicle has been stolen or converted;
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(4) a person to knowingly possess, buy, sell,
| | exchange or give away, at the same time or within a one year period, 3 or more manufacturer's identification number plates, mylar stickers, federal certificate labels, State Police reassignment plates, Secretary of State assigned plates or a facsimile of those items, or a combination thereof, which have not yet been attached to or have been removed from an original or assigned vehicle or essential part of a vehicle. It is an affirmative defense that the person possessing, buying, selling or exchanging a plate, mylar sticker or label is a police officer doing so as part of his official duties, or is a manufacturer's authorized representative who is replacing any manufacturer's identification number plate, mylar sticker or federal certificate label originally placed on a vehicle by the manufacturer of a vehicle or any essential part of a vehicle;
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(5) a person not entitled to the possession of any
| | second division vehicle, semitrailer, farm tractor, tow truck, rescue squad vehicle, medical transport vehicle, fire engine, special mobile equipment, dump truck, truck mounted transit mixer, crane or the engine, transmission, cab, cab clip or vehicle cowl of any of the above vehicles, to receive, possess, conceal, sell, dispose of or transfer the vehicle or vehicle part described in this paragraph knowing it is stolen or converted;
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(6) a person not entitled to the possession of a
| | vehicle which is owned or operated by a law enforcement agency to receive, possess, conceal, sell, or dispose of or transfer such vehicle knowing it is the property of a law enforcement agency and knowing it to be stolen or converted;
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(7) a person:
(A) who is the driver or operator of a vehicle
| | and is not entitled to the possession of that vehicle and who knows the vehicle is stolen or converted, or
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(B) who is the driver or operator of a vehicle
| | being used to transport or haul a vehicle or essential part of a vehicle and is not entitled to the possession of that vehicle or essential part being transported or hauled and who knows the transported or hauled vehicle or essential part is stolen or converted,
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who has been given a signal by a peace officer directing
| | him to bring the vehicle to a stop, to willfully fail or refuse to obey such direction, increase his speed, extinguish his lights or otherwise flee or attempt to elude the officer. The signal given by the peace officer may be by hand, voice, siren, or red or blue light. The officer giving the signal, if driving a vehicle, shall display the vehicle's illuminated, oscillating, rotating or flashing red or blue lights, which when used in conjunction with an audible horn or siren would indicate that the vehicle is an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of this Code; or
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(8) a person, at the same time or within a one year
| | period, to make a false report of the theft or conversion of 3 or more vehicles to any police officer or police officers of this State.
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(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be installed in the vehicle. The person must notify the
Secretary of State
each time the original manufacturer's identification number plate is reaffixed
on a
vehicle. The person must keep a record indicating that the identification
number plate
affixed on the new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed on the vehicle.
The person
also must keep a record regarding the status and location of the identification
number
plate removed from the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(b) The inference contained in paragraph (1) of subsection (a) of
Section 4-103 of this Code shall apply to subsection (a) of this Section.
(c) A person convicted of violating this Section shall be guilty of a
Class 1 felony.
(d) The offenses set forth in subsection (a) of this Section shall not
include the offenses set forth in Section 4-103 of this Code.
(Source: P.A. 93-456, eff. 8-8-03 .)
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625 ILCS 5/4-103.3
(625 ILCS 5/4-103.3) (from Ch. 95 1/2, par. 4-103.3)
Sec. 4-103.3. Organizer of an aggravated vehicle theft conspiracy.
(a) A person commits the offense of organizer of a vehicle theft
conspiracy if:
(1) the person intentionally violates Section 4-103.2 | | of this Code with the agreement of 3 or more persons; and
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(2) the person is known by other co-conspirators as
| | the organizer, supervisor, financier or otherwise leader of the conspiracy.
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(b) No person may be convicted of organizer of a vehicle theft
conspiracy unless an overt act in furtherance of the agreement is alleged
and proved to have been committed by him or by a co-conspirator, and the
accused is part of a common plan or scheme to engage in the unlawful activity.
(c) It shall not be a defense to organizer of a vehicle theft conspiracy
that the person or persons with whom the accused is alleged to have conspired:
(1) has not been prosecuted or convicted;
(2) has been convicted of a different offense;
(3) is not amenable to justice;
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(d) Notwithstanding Section 8-5 of the Criminal Code of 2012, a person
may be convicted and sentenced for both the offense of organizer of a
vehicle theft conspiracy and any other offense in this Chapter which is the
object of the conspiracy.
(e) Organizer of a vehicle theft conspiracy is a Class X felony.
(Source: P.A. 97-1150, eff. 1-25-13.)
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625 ILCS 5/4-104
(625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
Sec. 4-104. Offenses relating to possession of titles and registration.
(a) It is a violation of this Chapter for:
1. A person to possess without authority any | | manufacturer's statement of origin, certificate of title, salvage certificate, junking certificate, display certificate of title, registration card, license plate or digital license plate, registration sticker or digital registration sticker, or temporary registration permit, whether blank or otherwise;
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2. A person to possess any manufacturer's certificate
| | of origin, salvage certificate, junking certificate, certificate of title, or display certificate without complete assignment;
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3. A person to possess any manufacturer's statement
| | of origin, salvage certificate, junking certificate, display certificate or certificate of title, temporary registration permit, registration card, license plate or digital license plate, or registration sticker or digital registration sticker knowing it to have been stolen, converted, altered, forged, or counterfeited;
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4. A person to display or affix to a vehicle any
| | certificate of title, manufacturer's statement of origin, salvage certificate, junking certificate, display certificate, temporary registration permit, registration card, license plate or digital license plate, or registration sticker or digital registration sticker not authorized by law for use on such vehicle;
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5. A person to permit another, not entitled thereto,
| | to use or have possession of any manufacturer's statement of origin, salvage certificate, junking certificate, display certificate or certificate of title, registration card, license plate or digital license plate, temporary registration permit, or registration sticker or digital registration sticker;
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6. A person to fail to mail or deliver to the proper
| | person, within a reasonable period of time after receipt from the Secretary of State, any certificate of title, salvage certificate, junking certificate, display certificate, registration card, temporary registration permit, license plate or digital license plate, or registration sticker or digital registration sticker. If a person mails or delivers reasonable notice to the proper person after receipt from the Secretary of State, a presumption of delivery within a reasonable period of time shall exist; provided, however, the delivery is made, either by mail or otherwise, within 20 days from the date of receipt from the Secretary of State.
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(b) Sentence:
1. A person convicted of a violation of subsection 1
| | or 2 of paragraph (a) of this Section is guilty of a Class 4 felony.
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2. A person convicted of a violation of subsection 3
| | of paragraph (a) of this Section is guilty of a Class 2 felony.
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3. A person convicted of a violation of either
| | subsection 4 or 5 of paragraph (a) of this Section is guilty of a Class A misdemeanor and upon a second or subsequent conviction of such a violation is guilty of a Class 4 felony.
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4. A person convicted of a violation of subsection 6
| | of paragraph (a) of this Section is guilty of a petty offense.
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(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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625 ILCS 5/4-105
(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
Sec. 4-105. Offenses relating to disposition of titles and registration. (a) It is a violation of this Chapter for:
1. a person to alter, forge, or counterfeit any | | manufacturer's statement of origin, certificate of title, salvage certificate, junking certificate, display certificate, registration sticker or digital registration sticker, registration card, or temporary registration permit;
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2. a person to alter, forge, or counterfeit an
| | assignment of any manufacturer's statement of origin, certificate of title, salvage certificate or junking certificate;
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3. a person to alter, forge, or counterfeit a
| | release of a security interest on any manufacturer's statement of origin, certificate of title, salvage certificate or junking certificate;
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4. a person to alter, forge, or counterfeit an
| | application for any certificate of title, salvage certificate, junking certificate, display certificate, registration sticker or digital registration sticker, registration card, temporary registration permit or license plate;
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5. a person to use a false or fictitious name or
| | address or altered, forged, counterfeited or stolen manufacturer's identification number, or make a material false statement, or fail to disclose a security interest, or conceal any other material fact on any application for any manufacturer's statement of origin, certificate of title, junking certificate, salvage certificate, registration card, license plate or digital license plate, temporary registration permit, or registration sticker or digital registration sticker, or commit a fraud in connection with any application under this Act;
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6. an unauthorized person to have in his possession a
| | blank Illinois certificate of title paper;
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7. a person to surrender or cause to be surrendered
| | any certificate of title, salvage or junking certificate in exchange for a certificate of title or other title document from any other state or foreign jurisdiction for the purpose of changing or deleting an "S.V." or "REBUILT" notation, odometer reading, or any other information contained on such Illinois certificate.
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(b) Sentence. A person convicted of a violation of this Section shall be guilty of a
Class 2 felony.
(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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625 ILCS 5/4-105.1
(625 ILCS 5/4-105.1) (from Ch. 95 1/2, par. 4-105.1)
Sec. 4-105.1.
Offenses relating to deletion or falsification
of information on title document.
(a) It is a violation of this Code
for a person to knowingly, with the intent to defraud, surrender or cause
to be surrendered any manufacturer's statement of origin, certificate of
title, salvage certificate, junking certificate, or other title document,
in exchange for a certificate of title or other title document of this State
or of any other State or foreign jurisdiction which results in or attempts to
result in:
1. The deletion of the words "S.V.", "REBUILT" or | |
2. The falsification of an odometer reading; or
3. The alteration or deletion of any other
| | information required to be contained on such certificate of title or any other title document of any State or foreign jurisdiction.
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(b) Presumptions. A title surrendered to another jurisdiction that is
subsequently submitted to any person, corporation, or other legal entity,
residing or doing business within Illinois, the following presumption shall
apply; if the title document fails to contain all of the previous information
required by Illinois law, it shall be presumed to have been done so knowingly.
It shall be a rebuttable presumption that any title document surrendered
or submitted with a false odometer reading shall be presumed to have been done
so knowingly.
(c) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor. A person convicted of
violating this Section a second or subsequent time shall be guilty of a Class 3
felony.
(Source: P.A. 91-571, eff. 1-1-00.)
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625 ILCS 5/4-105.5
(625 ILCS 5/4-105.5) (from Ch. 95 1/2, par. 4-105.5)
Sec. 4-105.5. Attempt. As defined in Section 8-4 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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625 ILCS 5/4-106
(625 ILCS 5/4-106) (from Ch. 95 1/2, par. 4-106)
Sec. 4-106.
Principals.
It shall be a violation of the provisions of this Chapter for a person,
whether present or absent, to aid, abet, induce, procure or cause the
commission of an act which, if done directly by him, would constitute a
violation of the provisions of this Chapter.
(Source: P.A. 76-1586.)
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625 ILCS 5/4-107
(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
Sec. 4-107. Stolen, converted, recovered and unclaimed vehicles.
(a) Every Sheriff, Superintendent of police, Chief of police or other police
officer in command of any Police department in any City, Village or Town of
the State, shall, by the fastest means of communications available to his law
enforcement agency, immediately report to the Illinois State Police, in Springfield,
Illinois, the theft or recovery of any stolen or converted vehicle within
his district or jurisdiction. The report shall give the date of theft,
description of the vehicle including color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style, vehicle
identification number and license registration number, including the state
in which the license was issued and the year of issuance, together with the
name, residence address, business address, and telephone number of the
owner. The report shall be routed by the originating law enforcement
agency through the Illinois State Police District in which such agency is located.
(b) A registered owner or a lienholder may report the theft by
conversion of a vehicle, to the Illinois State Police, or any other police
department or Sheriff's office. Such report will be accepted as a report
of theft and processed only if a formal complaint is on file and a warrant
issued.
(c) An operator of a place of business for garaging, repairing, parking
or storing vehicles for the public, in which a vehicle remains unclaimed,
after being left for the purpose of garaging, repairing, parking or storage,
for a period of 15 days, shall, within 5 days after the expiration of that
period, report the vehicle as unclaimed to the municipal police
when the vehicle is within the corporate limits of any City, Village or
incorporated Town, or the County Sheriff, or State Police when the vehicle
is outside the corporate limits of a City, Village or incorporated Town. This
Section does not apply to any vehicle:
(1) removed to a place of storage by a law | | enforcement agency having jurisdiction, in accordance with Sections 4-201 and 4-203 of this Act; or
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(2) left under a garaging, repairing, parking, or
| | storage order signed by the owner, lessor, or other legally entitled person.
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Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The Illinois State Police shall keep a complete record of all reports filed
under this Section of the Act. Upon receipt of such report, a careful
search shall be made of the records of the office of the Illinois State Police,
and where it is found that a vehicle reported recovered was stolen in a
County, City, Village or Town other than the County, City, Village or
Town in which it is recovered, the Illinois State Police shall immediately
notify the Sheriff, Superintendent of police, Chief of police, or other
police officer in command of the Sheriff's office or Police
department of the County, City, Village or Town in which the vehicle
was originally reported stolen, giving complete data as to the time
and place of recovery.
(e) Notification of the theft or conversion of a vehicle will be
furnished to the Secretary of State by the Illinois State Police. The Secretary
of State shall place the proper information in the license registration and
title registration files to indicate the theft or conversion of a motor
vehicle or other vehicle. Notification of the recovery of a vehicle
previously reported as a theft or a conversion will be furnished to the
Secretary of State by the Illinois State Police. The Secretary of State shall remove
the proper information from the license registration and title registration
files that has previously indicated the theft or conversion of a vehicle.
The Secretary of State shall suspend the registration of a vehicle upon
receipt of a report from the Illinois State Police that such vehicle was stolen or
converted.
(f) When the Secretary of State receives an application for a certificate
of title or an application for registration of a vehicle and it is determined
from the records of the office of the Secretary of State that such vehicle
has been reported stolen or converted, the Secretary of State shall immediately
notify the Illinois State Police or the Secretary of State Department of Police and shall give the Illinois State Police or the Secretary of State Department of Police the name and address
of the person or firm titling or registering the vehicle, together with all
other information contained in the application submitted by such person or
firm. If the Secretary of State Department of Police receives notification under this subsection (f), it shall conduct an investigation concerning the identity of the registered owner of the stolen or converted vehicle.
(g) During the usual course of business the manufacturer of any
vehicle shall place an original manufacturer's vehicle identification
number on all such vehicles manufactured and on any part of such
vehicles requiring an identification number.
(h) Except provided in subsection (h-1), if a manufacturer's vehicle
identification number is missing
or has been removed, changed or mutilated on any vehicle, or any
part of such vehicle requiring an identification number, the Illinois State Police or the Secretary of State Department of Police
shall restore, restamp or reaffix the vehicle identification number plate,
or affix a new plate bearing the original manufacturer's vehicle
identification number on each such vehicle and on all necessary parts of
the vehicles.
A vehicle identification number so
affixed, restored,
restamped, reaffixed or replaced is not falsified, altered or forged
within the meaning of this Act.
(h-1) A person engaged in the repair or servicing of vehicles may reaffix
a
manufacturer's identification number plate on the same damaged vehicle from
which it
was originally removed, if the person reaffixes the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been installed in the vehicle. The person must notify the Secretary of
State each time
the original manufacturer's identification number plate is reaffixed on a
vehicle. The
person must keep a record indicating that the identification number plate
affixed on the
new dashboard has been removed and has been replaced by the manufacturer's
identification number plate originally affixed on the vehicle. The person also
must keep a
record regarding the status and location of the identification number plate
removed from
the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (h-1).
(h-2) The owner of a vehicle repaired under subsection (h-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(i) If a vehicle or part of any vehicle is found to
have the manufacturer's identification number removed, altered, defaced or
destroyed, the vehicle or part shall be seized by any law enforcement
agency having jurisdiction and held for the purpose of identification. In the
event that the manufacturer's identification number of a vehicle or part
cannot be identified, the vehicle or part shall be considered contraband, and
no right of property shall exist in any person owning, leasing or possessing
such property, unless the person owning, leasing or possessing the
vehicle or part acquired such without knowledge that the manufacturer's
vehicle identification number has been removed, altered, defaced, falsified
or destroyed.
Either the seizing law enforcement agency or the State's Attorney of
the county where the seizure occurred may make an application for an order
of forfeiture to the circuit court in the county of seizure. The
application for forfeiture shall be independent from any prosecution
arising out of the seizure and is not subject to any final determination of
such prosecution. The circuit court shall issue an order forfeiting the
property to the seizing law enforcement agency if the court finds that the
property did not at the time of seizure possess a valid manufacturer's
identification number and that the original manufacturer's identification
number cannot be ascertained. The seizing law enforcement agency may:
(1) retain the forfeited property for official use; or
(2) sell the forfeited property and distribute the
| | proceeds in accordance with Section 4-211 of this Code, or dispose of the forfeited property in such manner as the law enforcement agency deems appropriate.
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(i-1) If a motorcycle is seized under subsection (i), the motorcycle
must be returned within 45 days of the date of seizure to the person from whom
it was seized, unless
(i) criminal charges are pending against that person or (ii) an application
for
an
order of forfeiture has been submitted to the circuit in the county of
seizure or (iii) the circuit court in the county of seizure has received from
the seizing law enforcement agency and has granted a petition to extend, for a
single 30 day period, the 45 days allowed for return of the motorcycle. Except
as provided in subsection (i-2), a motorcycle returned to the person from whom
it was seized must be returned in essentially the same condition it was in at
the
time of seizure.
(i-2) If any part or parts of a motorcycle seized under subsection (i) are
found to be
stolen and are removed, the seizing law enforcement agency is not required to
replace the part or parts before returning the motorcycle to the person from
whom it
was seized.
(j) The Illinois State Police or the Secretary of State Department of Police shall notify the Secretary
of State
each time a manufacturer's vehicle identification number is affixed, reaffixed,
restored or restamped on any vehicle. The Secretary of State shall make
the necessary changes or corrections in his records, after the proper
applications and fees have been submitted, if applicable.
(k) Any vessel, vehicle or aircraft used with knowledge and consent
of the owner in the commission of, or in the attempt to commit as defined
in Section 8-4 of the Criminal Code of 2012, an offense prohibited
by Section 4-103 of this Chapter, including transporting of a stolen vehicle
or stolen vehicle parts, shall be seized by any law enforcement
agency. The seizing law enforcement agency may:
(1) return the vehicle to its owner if such vehicle
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(2) confiscate the vehicle and retain it for any
| | purpose which the law enforcement agency deems appropriate; or
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(3) sell the vehicle at a public sale or dispose of
| | the vehicle in such other manner as the law enforcement agency deems appropriate.
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If the vehicle is sold at public sale, the proceeds of the sale shall be
paid to the law enforcement agency.
The law enforcement agency shall not retain, sell or dispose of a vehicle
under paragraphs (2) or (3) of this subsection (k) except upon an order
of forfeiture issued by the circuit court. The circuit court may issue
such order of forfeiture upon application of the law enforcement agency
or State's Attorney of the county where the law enforcement agency has
jurisdiction, or in the case of the Illinois State Police or the
Secretary of State, upon application of the Attorney General.
The court shall issue the order if the owner of the vehicle has been
convicted of transporting stolen vehicles or stolen vehicle parts and the
evidence establishes that the owner's vehicle has been used in the commission
of such offense.
The provisions of subsection (k) of this Section shall not apply to any
vessel, vehicle or aircraft, which has been leased, rented or loaned by
its owner, if the owner did not have knowledge of and consent to the use
of the vessel, vehicle or aircraft in the commission of, or in an attempt
to commit, an offense prohibited by Section 4-103 of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/4-108
(625 ILCS 5/4-108) (from Ch. 95 1/2, par. 4-108)
Sec. 4-108.
Violations of this Chapter.
(a) Any person who violates or
aids or abets in the violation of any of the provisions of Section 4-102,
4-103, 4-104 or 4-105 shall be guilty of such offense and be subject to
the same sentence as if he had committed the offense himself.
(b) Any person who is convicted of any offense under Chapter 4 of this
Act, in addition to any other fines or penalties provided therein, may be
required to compensate the victim, if known, involved in the related offense,
for any loss that the victim sustains to his person or property.
(c) The amount and method of payment of the compensation award shall
be determined at the time of the conviction.
(d) For purposes of this Section, "victim" shall mean the owner or other
legally entitled person.
(Source: P.A. 83-1473.)
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625 ILCS 5/4-109
(625 ILCS 5/4-109)
Sec. 4-109. Motor Vehicle Theft Prevention Program. The Secretary of
State, in conjunction with the Motor Vehicle Theft Prevention and Insurance Verification Council, is
hereby authorized to establish and operate a Motor Vehicle Theft Prevention
Program as follows:
(a) Voluntary program participation.
(b) The registered owner of a motor vehicle interested in participating in
the program shall sign an informed consent agreement designed by the Secretary
of State under subsection (e) of this Section indicating that the motor vehicle
registered to him is not normally operated between the hours of 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be submitted to the Secretary of
State for processing.
(c) Upon processing the form, the Secretary of State shall issue to the
registered owner a decal. The registered owner shall affix the decal in a
conspicuous place on his motor vehicle as prescribed by the Secretary of State.
(d) Whenever any law enforcement officer shall see a motor vehicle
displaying a decal issued under the provisions of subsection (c) of this
Section being operated upon the public highways of this State between the
hours of 1:00 a.m. and 5:00 a.m., the officer is authorized to stop that
motor vehicle and to request the driver to produce a valid driver's license
and motor vehicle registration card if required to be carried in the
vehicle. Whenever the operator of a motor
vehicle displaying a decal is unable to produce the documentation set forth
in this Section, the police officer shall investigate further to determine
if the person operating the motor vehicle is the registered owner or has
the authorization of the owner to operate the vehicle.
(e) The Secretary of State, in consultation with the Director of the Illinois State Police and Motor Vehicle Theft Prevention and Insurance Verification Council,
shall design the manner and form of the informed consent agreement required
under subsection (b) of this Section and the decal required under subsection
(c) of this Section.
(f) The Secretary of State shall provide for the recording of
registered owners of motor vehicles who participate in the program. The
records shall be available to all law enforcement departments, agencies,
and forces. The Secretary of State shall cooperate with and assist all law
enforcement officers and other agencies in tracing or examining any
questionable motor vehicles in order to determine the ownership of the motor
vehicles.
(g) A fee not to exceed $10 may be charged for the informed consent form
and decal provided under this Section. The fee, if any, shall be set by the
Motor Vehicle Theft Prevention and Insurance Verification Council and shall be collected by the Secretary
of State and deposited into the Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Trust Fund.
(h) The Secretary of State, in consultation with the Director of the Illinois State Police and the Motor Vehicle Theft Prevention and Insurance Verification Council
shall promulgate rules and regulations to effectuate the purposes of this
Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-904, eff. 1-1-23 .)
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625 ILCS 5/4-110 (625 ILCS 5/4-110) Sec. 4-110. Stolen vehicle recovery hotline. In a county having a population of 3,000,000 or more, the county sheriff shall establish with other law enforcement agencies a vehicle theft hotline to facilitate interaction with vehicle manufacturers and vehicle location vendors consistent with the Freedom From Location Surveillance Act. The county sheriff shall collaborate with vehicle manufacturers, dealers, and vehicle location vendors to provide information and assistance to law enforcement officers in the investigation of a vehicular hijacking or kidnapping incident and ensure that consumers are provided with information concerning the hotline, new or used vehicles manufactured with stolen vehicle locator capabilities, and how consumers can activate stolen vehicle locator services by publishing the information in a conspicuous location on the county sheriff's website. (Source: P.A. 103-300, eff. 1-1-24 .) |
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