Full Text of HB5213 93rd General Assembly
HB5213 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5213
Introduced 02/06/04, by Lovana Jones SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/4-107 |
from Ch. 95 1/2, par. 4-107 |
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Amends the Illinois Vehicle Code. Makes technical changes in
a Section concerning stolen, converted, and unclaimed vehicles.
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A BILL FOR
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HB5213 |
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LRB093 18884 DRH 44619 b |
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| AN ACT regarding vehicles.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing
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| Section 4-107 as follows:
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| (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
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| Sec. 4-107. Stolen, converted, recovered and unclaimed | 8 |
| vehicles.
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| (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 or
her law
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| 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 or her district or jurisdiction. | 16 |
| The report shall give the date of
theft,
description of the | 17 |
| vehicle including color, year of manufacture,
manufacturer's | 18 |
| trade name, manufacturer's series name, body style, vehicle
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| 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 | 24 |
| through the State Police District in which such agency is | 25 |
| located.
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| (b) A registered owner or a lienholder may report the theft | 27 |
| by
conversion of a vehicle, to the State Police, or any other | 28 |
| police
department or Sheriff's office. Such report will be | 29 |
| accepted as a report
of theft and processed only if a formal | 30 |
| complaint is on file and a warrant
issued.
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| (c) An operator of a place of business for garaging, | 32 |
| repairing, parking
or storing vehicles for the public, in which |
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| a vehicle remains unclaimed,
after being left for the purpose | 2 |
| of garaging, repairing, parking or storage,
for a period of 15 | 3 |
| days, shall, within 5 days after the expiration of that
period, | 4 |
| report the vehicle as unclaimed to the municipal police
when | 5 |
| the vehicle is within the corporate limits of any City, Village | 6 |
| or
incorporated Town, or the County Sheriff, or State Police | 7 |
| when the vehicle
is outside the corporate limits of a City, | 8 |
| Village or incorporated Town. This
Section does not apply to | 9 |
| any vehicle:
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| (1) removed to a place of storage by a law
enforcement | 11 |
| agency having jurisdiction, in accordance with Sections | 12 |
| 4-201 and
4-203 of this Act; or
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| (2) left under a garaging, repairing, parking, or | 14 |
| storage order
signed by the owner, lessor, or other legally | 15 |
| entitled person.
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| Failure to comply with this Section will result in the
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| forfeiture of storage fees for that vehicle involved.
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| (d) The State Police shall keep a complete record of all | 19 |
| reports filed
under this Section of the Act. Upon receipt of | 20 |
| such report, a careful
search shall be made of the records of | 21 |
| the office of the State Police,
and where it is found that a | 22 |
| vehicle reported recovered was stolen in a
County, City, | 23 |
| Village or Town other than the County, City, Village or
Town in | 24 |
| which it is recovered, the State Police shall immediately
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| notify the Sheriff, Superintendent of police, Chief of police, | 26 |
| or other
police officer in command of the Sheriff's office or | 27 |
| Police
department of the County, City, Village or Town in which | 28 |
| the vehicle
was originally reported stolen, giving complete | 29 |
| data as to the time
and place of recovery.
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| (e) Notification of the theft or conversion of a vehicle | 31 |
| will be
furnished to the Secretary of State by the State | 32 |
| Police. The Secretary
of State shall place the proper | 33 |
| information in the license registration and
title registration | 34 |
| files to indicate the theft or conversion of a motor
vehicle or | 35 |
| other vehicle. Notification of the recovery of a vehicle
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| previously reported as a theft or a conversion will be |
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| 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.
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| (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
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| 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.
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| (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.
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| (h) Except provided in subsection (h-1), if a | 22 |
| manufacturer's vehicle
identification number is missing
or has | 23 |
| been removed, changed or mutilated on any vehicle, or any
part | 24 |
| of such vehicle requiring an identification number, the State | 25 |
| Police
shall restore, restamp or reaffix the vehicle | 26 |
| identification number plate,
or affix a new plate bearing the | 27 |
| original manufacturer's vehicle
identification number on each | 28 |
| such vehicle and on all necessary parts of
the vehicles.
A | 29 |
| vehicle identification number so
affixed, restored,
restamped, | 30 |
| reaffixed or replaced is not falsified, altered or forged
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| within the meaning of this Act.
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| (h-1) A person engaged in the repair or servicing of | 33 |
| vehicles may reaffix
a
manufacturer's identification number | 34 |
| plate on the same damaged vehicle from
which it
was originally | 35 |
| removed, if the person reaffixes the original manufacturer's
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| identification
number plate in place of the identification |
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| number plate affixed on a new
dashboard that
has been installed | 2 |
| in the vehicle. The person must notify the Secretary of
State | 3 |
| each time
the original manufacturer's identification number | 4 |
| plate is reaffixed on a
vehicle. The
person must keep a record | 5 |
| indicating that the identification number plate
affixed on the
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| new dashboard has been removed and has been replaced by the | 7 |
| manufacturer's
identification number plate originally affixed | 8 |
| on the vehicle. The person also
must keep a
record regarding | 9 |
| the status and location of the identification number plate
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| removed from
the replacement dashboard.
The Secretary shall | 11 |
| adopt rules for implementing this subsection (h-1).
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| (h-2) The owner of a vehicle repaired under subsection | 13 |
| (h-1) must,
within 90 days of the date of the repairs, contact | 14 |
| an officer of the Illinois
State Police Vehicle Inspection | 15 |
| Bureau and arrange for an inspection of the
vehicle, by the | 16 |
| officer or the officer's designee, at a mutually agreed upon
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| date and location.
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| (i) If a vehicle or part of any vehicle is found to
have | 19 |
| the manufacturer's identification number removed, altered, | 20 |
| defaced or
destroyed, the vehicle or part shall be seized by | 21 |
| any law enforcement
agency having jurisdiction and held for the | 22 |
| purpose of identification. In the
event that the manufacturer's | 23 |
| identification number of a vehicle or part
cannot be | 24 |
| identified, the vehicle or part shall be considered contraband, | 25 |
| and
no right of property shall exist in any person owning, | 26 |
| leasing or possessing
such property, unless the person owning, | 27 |
| leasing or possessing the
vehicle or part acquired such without | 28 |
| knowledge that the manufacturer's
vehicle identification | 29 |
| number has been removed, altered, defaced, falsified
or | 30 |
| destroyed.
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| Either the seizing law enforcement agency or the State's | 32 |
| Attorney of
the county where the seizure occurred may make an | 33 |
| application for an order
of forfeiture to the circuit court in | 34 |
| the county of seizure. The
application for forfeiture shall be | 35 |
| independent from any prosecution
arising out of the seizure and | 36 |
| is not subject to any final determination of
such prosecution. |
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| The circuit court shall issue an order forfeiting the
property | 2 |
| to the seizing law enforcement agency if the court finds that | 3 |
| the
property did not at the time of seizure possess a valid | 4 |
| manufacturer's
identification number and that the original | 5 |
| manufacturer's identification
number cannot be ascertained. | 6 |
| The seizing law enforcement agency may:
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| (1) retain the forfeited property for official use; or
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| (2) sell the forfeited property and distribute the | 9 |
| proceeds in
accordance with Section 4-211 of this Code, or | 10 |
| dispose of the forfeited
property in such manner as the law | 11 |
| enforcement agency deems appropriate.
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| (i-1) If a motorcycle is seized under subsection (i), the | 13 |
| motorcycle
must be returned within 45 days of the date of | 14 |
| seizure to the person from whom
it was seized, unless
(i) | 15 |
| criminal charges are pending against that person or (ii) an | 16 |
| application
for
an
order of forfeiture has been submitted to | 17 |
| the circuit in the county of
seizure or (iii) the circuit court | 18 |
| in the county of seizure has received from
the seizing law | 19 |
| enforcement agency and has granted a petition to extend, for a
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| single 30 day period, the 45 days allowed for return of the | 21 |
| motorcycle. Except
as provided in subsection (i-2), a | 22 |
| motorcycle returned to the person from whom
it was seized must | 23 |
| be returned in essentially the same condition it was in at
the
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| time of seizure.
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| (i-2) If any part or parts of a motorcycle seized under | 26 |
| subsection (i) are
found to be
stolen and are removed, the | 27 |
| seizing law enforcement agency is not required to
replace the | 28 |
| part or parts before returning the motorcycle to the person | 29 |
| from
whom it
was seized.
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| (j) The State Police shall notify the Secretary
of State
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| each time a manufacturer's vehicle identification number is | 32 |
| affixed, reaffixed,
restored or restamped on any vehicle. The | 33 |
| Secretary of State shall make
the necessary changes or | 34 |
| corrections in his records, after the proper
applications and | 35 |
| fees have been submitted, if applicable.
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| (k) Any vessel, vehicle or aircraft used with knowledge and |
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| consent
of the owner in the commission of, or in the attempt to | 2 |
| commit as defined
in Section 8-4 of the Criminal Code of 1961, | 3 |
| an offense prohibited
by Section 4-103 of this Chapter, | 4 |
| including transporting of a stolen vehicle
or stolen vehicle | 5 |
| parts, shall be seized by any law enforcement
agency. The | 6 |
| seizing law enforcement agency may:
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| (1) return the vehicle to its owner if such vehicle is | 8 |
| stolen; or
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| (2) confiscate the vehicle and retain it for any | 10 |
| purpose which the law
enforcement agency deems | 11 |
| appropriate; or
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| (3) sell the vehicle at a public sale or dispose of the | 13 |
| vehicle in such
other manner as the law enforcement agency | 14 |
| deems appropriate.
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| If the vehicle is sold at public sale, the proceeds of the | 16 |
| sale shall be
paid to the law enforcement agency.
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| The law enforcement agency shall not retain, sell or | 18 |
| dispose of a vehicle
under paragraphs (2) or (3) of this | 19 |
| subsection (k) except upon an order
of forfeiture issued by the | 20 |
| circuit court. The circuit court may issue
such order of | 21 |
| forfeiture upon application of the law enforcement agency
or | 22 |
| State's Attorney of the county where the law enforcement agency | 23 |
| has
jurisdiction, or in the case of the Department of State | 24 |
| Police or the
Secretary of State, upon application of the | 25 |
| Attorney General.
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| The court shall issue the order if the owner of the vehicle | 27 |
| has been
convicted of transporting stolen vehicles or stolen | 28 |
| vehicle parts and the
evidence establishes that the owner's | 29 |
| vehicle has been used in the commission
of such offense.
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| The provisions of subsection (k) of this Section shall not | 31 |
| apply to any
vessel, vehicle or aircraft, which has been | 32 |
| leased, rented or loaned by
its owner, if the owner did not | 33 |
| have knowledge of and consent to the use
of the vessel, vehicle | 34 |
| or aircraft in the commission of, or in an attempt
to commit, | 35 |
| an offense prohibited by Section 4-103 of this Chapter.
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| (Source: P.A. 92-443, eff. 1-1-02; 93-456, eff. 8-8-03.)
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