State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ][ Senate Amendment 001 ]

92_HB0039eng

 
HB0039 Engrossed                               LRB9201035DHmb

 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 4-214.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 4-214 as follows:

 7        (625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
 8        Sec. 4-214.  Violations of Section 4-201.
 9        (a)  Any  person  who violates Section 4-201 of this Code
10    or who aids and abets in that violation:
11             (1)  shall be subject to a mandatory fine  of  $200;
12        and
13             (2)  shall  be  required  by  the  court  to  make a
14        disposition on the abandoned or unclaimed vehicle and pay
15        all  towing,  storage,   and   processing   charges   and
16        collection  costs  pursuant to Section 4-203, subsections
17        (a) and (e); and.
18             (3)  is  not  eligible  to  transfer  his   or   her
19        registration  to  another  vehicle,  or  to  newly obtain
20        registration for another  vehicle,  until  the  fine  and
21        costs  payable  under  paragraphs  (1)  and  (2)  of this
22        subsection (a) have been paid.
23        (b)  When a vehicle is abandoned, it  shall  be  presumed
24    that  the  last  registered  owner  is  responsible  for  the
25    abandonment  and shall be liable for all towing, storage, and
26    processing charges and collection  costs,  less  any  amounts
27    realized in the disposal of the vehicle.  The last registered
28    owner's  liability  for storage fees may not exceed a maximum
29    of 30 days' storage fees.
30        The presumption established under this subsection may  be
31    rebutted by a showing that, prior to the time of the tow:
 
HB0039 Engrossed            -2-                LRB9201035DHmb
 1             (1)  a  report  of  vehicle  theft  was  filed  with
 2        respect to the vehicle; or
 3             (2)  the  vehicle  was  sold  or transferred and the
 4        last registered owner provides the  towing  service  with
 5        the  correct identity and address of the new owner at the
 6        time of the sale or transfer.
 7        If the presumption established under this  subsection  is
 8    rebutted,  the person responsible for theft of the vehicle or
 9    to whom the vehicle was sold or transferred is liable for all
10    towing, storage, and processing charges and collection costs.
11        (c)  A person in possession of an abandoned  vehicle  may
12    notify the last registered owner of the vehicle that:
13             (1)  The  registered  owner  may not transfer his or
14        her registration  to  another  vehicle  or  newly  obtain
15        registration for another vehicle until the fine and costs
16        payable  under  paragraphs  (1) and (2) of subsection (a)
17        have been paid.
18             (2)  The registered owner may sign the vehicle  over
19        to  the  person  in possession if the registered owner no
20        longer wishes to retain the vehicle.
21    (Source: P.A. 89-433, eff. 12-15-95.)

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