Public Act 93-0456
HB3106 Enrolled LRB093 02479 DRH 02489 b
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 4-103, 4-103.2, and 4-107 as follows:
(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; additionally the
General Assembly finds that the acquisition and
disposition of vehicles and their essential parts are
strictly controlled by law and that such acquisitions and
dispositions are reflected by documents of title, uniform
invoices, rental contracts, leasing agreements and bills
of sale. It may be inferred, therefore that a person
exercising exclusive unexplained possession over a stolen
or converted vehicle or an essential part of a stolen or
converted vehicle has knowledge that such vehicle or
essential part is stolen or converted, regardless of
whether the date on which such vehicle or essential part
was stolen is recent or remote;
(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;
(3) A person to knowingly conceal or misrepresent
the identity of a vehicle or any essential part thereof;
(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;
(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;
(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.
(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. 90-89, eff. 1-1-98; 91-450, eff. 1-1-00.)
(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;
(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;
(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;
(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;
(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;
(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;
(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
(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,
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
(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.
(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. 86-1209.)
(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 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 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 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
(2) left under a garaging, repairing, parking, or
storage order signed by the owner, lessor, or other
legally entitled person.
Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The 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 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 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 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 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 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 State Police and shall give the State
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.
(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
State 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.
(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 State 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 1961, 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
is stolen; or
(2) confiscate the vehicle and retain it for any
purpose which the law enforcement agency deems
appropriate; or
(3) sell the vehicle at a public sale or dispose of
the vehicle in such other manner as the law enforcement
agency deems appropriate.
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 Department of
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. 92-443, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.