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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 4-107 as follows:
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6 | (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
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7 | Sec. 4-107. Stolen, converted, recovered and unclaimed | |||||||||||||||||||
8 | vehicles.
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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
the State, | |||||||||||||||||||
12 | shall, by the fastest means of communications available to his | |||||||||||||||||||
13 | law
enforcement agency, immediately report to the State Police, | |||||||||||||||||||
14 | in Springfield,
Illinois, the theft or recovery of any stolen | |||||||||||||||||||
15 | or converted vehicle within
his district or jurisdiction. The | |||||||||||||||||||
16 | report shall give the date of theft,
description of the vehicle | |||||||||||||||||||
17 | including color, year of manufacture,
manufacturer's trade | |||||||||||||||||||
18 | name, manufacturer's series name, body style, vehicle
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19 | identification number and license registration number, | |||||||||||||||||||
20 | including the state
in which the license was issued and the | |||||||||||||||||||
21 | year of issuance, together with the
name, residence address, | |||||||||||||||||||
22 | business address, and telephone number of the
owner. The report | |||||||||||||||||||
23 | shall be routed by the originating law enforcement
agency |
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1 | through the State Police District in which such agency is | ||||||
2 | located. | ||||||
3 | (b) A registered owner or a lienholder may report the theft | ||||||
4 | by
conversion of a vehicle, to the State Police, or any other | ||||||
5 | police
department or Sheriff's office. Such report will be | ||||||
6 | accepted as a report
of theft and processed only if a formal | ||||||
7 | complaint is on file and a warrant
issued.
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8 | (c) An operator of a place of business for garaging, | ||||||
9 | repairing, parking
or storing vehicles for the public, in which | ||||||
10 | a vehicle remains unclaimed,
after being left for the purpose | ||||||
11 | of garaging, repairing, parking or storage,
for a period of 15 | ||||||
12 | days, shall, within 5 days after the expiration of that
period, | ||||||
13 | report the vehicle as unclaimed to the municipal police
when | ||||||
14 | the vehicle is within the corporate limits of any City, Village | ||||||
15 | or
incorporated Town, or the County Sheriff, or State Police | ||||||
16 | when the vehicle
is outside the corporate limits of a City, | ||||||
17 | Village or incorporated Town. This
Section does not apply to | ||||||
18 | any 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.
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25 | Failure to comply with this Section will result in the
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26 | forfeiture of storage fees for that vehicle involved.
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1 | (d) The State Police shall keep a complete record of all | ||||||
2 | reports filed
under this Section of the Act. Upon receipt of | ||||||
3 | such report, a careful
search shall be made of the records of | ||||||
4 | the office of the State Police,
and where it is found that a | ||||||
5 | vehicle reported recovered was stolen in a
County, City, | ||||||
6 | Village or Town other than the County, City, Village or
Town in | ||||||
7 | which it is recovered, the State Police shall immediately
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8 | notify the Sheriff, Superintendent of police, Chief of police, | ||||||
9 | or other
police officer in command of the Sheriff's office or | ||||||
10 | Police
department of the County, City, Village or Town in which | ||||||
11 | the vehicle
was originally reported stolen, giving complete | ||||||
12 | data as to the time
and place of recovery.
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13 | (e) Notification of the theft or conversion of a vehicle | ||||||
14 | will be
furnished to the Secretary of State by the State | ||||||
15 | Police. The Secretary
of State shall place the proper | ||||||
16 | information in the license registration and
title registration | ||||||
17 | files to indicate the theft or conversion of a motor
vehicle or | ||||||
18 | other vehicle. Notification of the recovery of a vehicle
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19 | previously reported as a theft or a conversion will be | ||||||
20 | furnished to the
Secretary of State by the State Police. The | ||||||
21 | Secretary of State shall remove
the proper information from the | ||||||
22 | license registration and title registration
files that has | ||||||
23 | previously indicated the theft or conversion of a vehicle.
The | ||||||
24 | Secretary of State shall suspend the registration of a vehicle | ||||||
25 | upon
receipt of a report from the State Police that such | ||||||
26 | vehicle was stolen or
converted.
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1 | (f) When the Secretary of State receives an application for | ||||||
2 | a certificate
of title or an application for registration of a | ||||||
3 | vehicle and it is determined
from the records of the office of | ||||||
4 | the Secretary of State that such vehicle
has been reported | ||||||
5 | stolen or converted, the Secretary of State shall immediately
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6 | notify the State Police and shall give the State Police the | ||||||
7 | name and address
of the person or firm titling or registering | ||||||
8 | the vehicle, together with all
other information contained in | ||||||
9 | the application submitted by such person or
firm.
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10 | (g) During the usual course of business the manufacturer of | ||||||
11 | any
vehicle shall place an original manufacturer's vehicle | ||||||
12 | identification
number on all such vehicles manufactured and on | ||||||
13 | any part of such
vehicles requiring an identification number.
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14 | (h) Except provided in subsection (h-1), if a | ||||||
15 | manufacturer's vehicle
identification number is missing
or has | ||||||
16 | been removed, changed or mutilated on any vehicle, or any
part | ||||||
17 | of such vehicle requiring an identification number, the State | ||||||
18 | Police
shall restore, restamp or reaffix the vehicle | ||||||
19 | identification number plate,
or affix a new plate bearing the | ||||||
20 | original manufacturer's vehicle
identification number on each | ||||||
21 | such vehicle and on all necessary parts of
the vehicles.
A | ||||||
22 | vehicle identification number so
affixed, restored,
restamped, | ||||||
23 | reaffixed or replaced is not falsified, altered or forged
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24 | within the meaning of this Act.
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25 | (h-1) A person engaged in the repair or servicing of | ||||||
26 | vehicles may reaffix
a
manufacturer's identification number |
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1 | plate on the same damaged vehicle from
which it
was originally | ||||||
2 | removed, if the person reaffixes the original manufacturer's
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3 | identification
number plate in place of the identification | ||||||
4 | number plate affixed on a new
dashboard that
has been installed | ||||||
5 | in the vehicle. The person must notify the Secretary of
State | ||||||
6 | each time
the original manufacturer's identification number | ||||||
7 | plate is reaffixed on a
vehicle. The
person must keep a record | ||||||
8 | indicating that the identification number plate
affixed on the
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9 | new dashboard has been removed and has been replaced by the | ||||||
10 | manufacturer's
identification number plate originally affixed | ||||||
11 | on the vehicle. The person also
must keep a
record regarding | ||||||
12 | the status and location of the identification number plate
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13 | removed from
the replacement dashboard.
The Secretary shall | ||||||
14 | adopt rules for implementing this subsection (h-1).
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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 | ||||||
17 | an officer of the Illinois
State Police Vehicle Inspection | ||||||
18 | Bureau and arrange for an inspection of the
vehicle, by the | ||||||
19 | officer or the officer's designee, at a mutually agreed upon
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20 | date and location.
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21 | (i) If a vehicle or part of any vehicle is found to
have | ||||||
22 | the manufacturer's identification number removed, altered, | ||||||
23 | defaced or
destroyed, the vehicle or part shall be seized by | ||||||
24 | any law enforcement
agency having jurisdiction and held for the | ||||||
25 | purpose of identification. In the
event that the manufacturer's | ||||||
26 | identification number of a vehicle or part
cannot be |
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1 | identified, the vehicle or part shall be considered contraband, | ||||||
2 | and
no right of property shall exist in any person owning, | ||||||
3 | leasing or possessing
such property, unless the person owning, | ||||||
4 | leasing or possessing the
vehicle or part acquired such without | ||||||
5 | knowledge that the manufacturer's
vehicle identification | ||||||
6 | number has been removed, altered, defaced, falsified
or | ||||||
7 | destroyed.
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8 | Either the seizing law enforcement agency or the State's | ||||||
9 | Attorney of
the county where the seizure occurred may make an | ||||||
10 | application for an order
of forfeiture to the circuit court in | ||||||
11 | the county of seizure. The
application for forfeiture shall be | ||||||
12 | independent from any prosecution
arising out of the seizure and | ||||||
13 | is not subject to any final determination of
such prosecution. | ||||||
14 | The circuit court shall issue an order forfeiting the
property | ||||||
15 | to the seizing law enforcement agency if the court finds that | ||||||
16 | the
property did not at the time of seizure possess a valid | ||||||
17 | manufacturer's
identification number and that the original | ||||||
18 | manufacturer's identification
number cannot be ascertained. | ||||||
19 | The seizing law enforcement agency may:
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20 | (1) retain the forfeited property for official use; or
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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.
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25 | (i-1) If a motorcycle is seized under subsection (i), the | ||||||
26 | motorcycle
must be returned within 45 days of the date of |
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1 | seizure to the person from whom
it was seized, unless
(i) | ||||||
2 | criminal charges are pending against that person or (ii) an | ||||||
3 | application
for
an
order of forfeiture has been submitted to | ||||||
4 | the circuit in the county of
seizure or (iii) the circuit court | ||||||
5 | in the county of seizure has received from
the seizing law | ||||||
6 | enforcement agency and has granted a petition to extend, for a
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7 | single 30 day period, the 45 days allowed for return of the | ||||||
8 | motorcycle. Except
as provided in subsection (i-2), a | ||||||
9 | motorcycle returned to the person from whom
it was seized must | ||||||
10 | be returned in essentially the same condition it was in at
the
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11 | time of seizure.
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12 | (i-2) If any part or parts of a motorcycle seized under | ||||||
13 | subsection (i) are
found to be
stolen and are removed, the | ||||||
14 | seizing law enforcement agency is not required to
replace the | ||||||
15 | part or parts before returning the motorcycle to the person | ||||||
16 | from
whom it
was seized.
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17 | (j) The State Police shall notify the Secretary
of State
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18 | each time a manufacturer's vehicle identification number is | ||||||
19 | affixed, reaffixed,
restored or restamped on any vehicle. The | ||||||
20 | Secretary of State shall make
the necessary changes or | ||||||
21 | corrections in his records, after the proper
applications and | ||||||
22 | fees have been submitted, if applicable.
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23 | (k) Any vessel, vehicle or aircraft used with knowledge and | ||||||
24 | consent
of the owner in the commission of, or in the attempt to | ||||||
25 | commit as defined
in Section 8-4 of the Criminal Code of 1961, | ||||||
26 | an offense prohibited
by Section 4-103 of this Chapter, |
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1 | including transporting of a stolen vehicle
or stolen vehicle | ||||||
2 | parts, shall be seized by any law enforcement
agency. The | ||||||
3 | seizing law enforcement agency may:
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4 | (1) return the vehicle to its owner if such vehicle is | ||||||
5 | stolen; or
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6 | (2) confiscate the vehicle and retain it for any | ||||||
7 | purpose which the law
enforcement agency deems | ||||||
8 | appropriate; or
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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.
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12 | If the vehicle is sold at public sale, the proceeds of the | ||||||
13 | sale shall be
paid to the law enforcement agency.
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14 | The law enforcement agency shall not retain, sell or | ||||||
15 | dispose of a vehicle
under paragraphs (2) or (3) of this | ||||||
16 | subsection (k) except upon an order
of forfeiture issued by the | ||||||
17 | circuit court. The circuit court may issue
such order of | ||||||
18 | forfeiture upon application of the law enforcement agency
or | ||||||
19 | State's Attorney of the county where the law enforcement agency | ||||||
20 | has
jurisdiction, or in the case of the Department of State | ||||||
21 | Police or the
Secretary of State, upon application of the | ||||||
22 | Attorney General.
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23 | The court shall issue the order if the owner of the vehicle | ||||||
24 | has been
convicted of transporting stolen vehicles or stolen | ||||||
25 | vehicle parts and the
evidence establishes that the owner's | ||||||
26 | vehicle has been used in the commission
of such offense.
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1 | The provisions of subsection (k) of this Section shall not | ||||||
2 | apply to any
vessel, vehicle or aircraft, which has been | ||||||
3 | leased, rented or loaned by
its owner, if the owner did not | ||||||
4 | have knowledge of and consent to the use
of the vessel, vehicle | ||||||
5 | or aircraft in the commission of, or in an attempt
to commit, | ||||||
6 | an offense prohibited by Section 4-103 of this Chapter.
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7 | (Source: P.A. 92-443, eff. 1-1-02; 93-456, eff. 8-8-03.)
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