093_HB3106enr

 
HB3106 Enrolled                      LRB093 02479 DRH 02489 b

 1        AN ACT in relation to vehicles.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 4-103, 4-103.2, and 4-107 as follows:

 6        (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
 7        Sec. 4-103. Offenses relating to motor vehicles and other
 8    vehicles - Felonies.
 9        (a)  Except  as  provided  in  subsection  (a-1), it is a
10    violation of this Chapter for:
11             (1)  A person not entitled to the  possession  of  a
12        vehicle  or  essential  part  of  a  vehicle  to receive,
13        possess, conceal, sell, dispose, or transfer it,  knowing
14        it  to  have  been stolen or converted;  additionally the
15        General  Assembly  finds   that   the   acquisition   and
16        disposition  of  vehicles  and  their essential parts are
17        strictly controlled by law and that such acquisitions and
18        dispositions are reflected by documents of title, uniform
19        invoices, rental contracts, leasing agreements and  bills
20        of  sale.   It  may  be inferred, therefore that a person
21        exercising exclusive unexplained possession over a stolen
22        or converted vehicle or an essential part of a stolen  or
23        converted  vehicle  has  knowledge  that  such vehicle or
24        essential part is  stolen  or  converted,  regardless  of
25        whether  the date on which such vehicle or essential part
26        was stolen is recent or remote;
27             (2)  A person to knowingly  remove,  alter,  deface,
28        destroy,    falsify,    or    forge    a   manufacturer's
29        identification number of a vehicle or an engine number of
30        a motor vehicle or any essential part thereof  having  an
31        identification number;
 
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 1             (3)  A  person  to knowingly conceal or misrepresent
 2        the identity of a vehicle or any essential part thereof;
 3             (4)  A person to  buy,  receive,  possess,  sell  or
 4        dispose of a vehicle, or any essential part thereof, with
 5        knowledge  that  the identification number of the vehicle
 6        or any essential part thereof  having  an  identification
 7        number has been removed or falsified;
 8             (5)  A  person  to  knowingly  possess,  buy,  sell,
 9        exchange,  give  away, or offer to buy, sell, exchange or
10        give  away,  any  manufacturer's  identification   number
11        plate,  mylar  sticker,  federal certificate label, State
12        police reassignment plate, Secretary  of  State  assigned
13        plate,  rosette rivet, or facsimile of such which has not
14        yet been  attached  to  or  has  been  removed  from  the
15        original  or  assigned  vehicle.  It  is  an  affirmative
16        defense to subsection (a) of this Section that the person
17        possessing,  buying,  selling or exchanging a plate mylar
18        sticker or label described in this paragraph is a  police
19        officer  doing so as part of his official duties, or is a
20        manufacturer's authorized representative who is replacing
21        any manufacturer's  identification  number  plate,  mylar
22        sticker or Federal certificate label originally placed on
23        the  vehicle  by  the  manufacturer of the vehicle or any
24        essential part thereof;
25             (6)  A person to knowingly make a  false  report  of
26        the  theft  or  conversion  of  a  vehicle  to any police
27        officer  of  this  State  or  any  employee  of   a   law
28        enforcement  agency  of  this State designated by the law
29        enforcement agency to take, receive, process,  or  record
30        reports of vehicle theft or conversion.
31        (a-1)  A  person  engaged  in  the repair or servicing of
32    vehicles  does  not  violate  this   Chapter   by   knowingly
33    possessing  a  manufacturer's identification number plate for
34    the purpose of reaffixing it on the same damaged vehicle from
 
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 1    which it was originally taken, if  the  person  reaffixes  or
 2    intends to reaffix the original manufacturer's identification
 3    number  plate  in  place  of  the identification number plate
 4    affixed on a new dashboard that has been or will be 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
 8    record  indicating  that  the  identification  number   plate
 9    affixed  on  the  new dashboard has been removed and has been
10    replaced by the manufacturer's  identification  number  plate
11    originally  affixed on the vehicle. The person also must keep
12    a  record  regarding  the  status   and   location   of   the
13    identification  number  plate  removed  from  the replacement
14    dashboard. The Secretary shall adopt rules  for  implementing
15    this subsection (a-1).
16        (a-2)  The  owner  of a vehicle repaired under subsection
17    (a-1) must, within 90  days  of  the  date  of  the  repairs,
18    contact  an  officer  of  the  Illinois  State Police Vehicle
19    Inspection Bureau  and  arrange  for  an  inspection  of  the
20    vehicle,  by  the  officer  or  the  officer's designee, at a
21    mutually agreed upon date and location.
22        (b)  Sentence.  A person convicted of a violation of this
23    Section shall be guilty of a Class 2 felony.
24        (c)  The offenses set forth in  subsection  (a)  of  this
25    Section  shall  not  include the offense set forth in Section
26    4-103.2 of this Code.
27    (Source: P.A. 90-89, eff. 1-1-98; 91-450, eff. 1-1-00.)

28        (625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2)
29        Sec. 4-103.2.   Aggravated  offenses  relating  to  motor
30    vehicles and other vehicles-Felonies.
31        (a)  Except  as  provided  in  subsection  (a-1), it is a
32    violation of this Chapter for:
33             (1)  a person not entitled to the possession of 3 or
 
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 1        more vehicles, 3 or more  essential  parts  of  different
 2        vehicles,  or a combination thereof, to receive, possess,
 3        conceal, sell, dispose of or transfer, those vehicles  or
 4        parts  of  vehicles at the same time or within a one year
 5        period knowing that these vehicles or parts  of  vehicles
 6        are stolen or converted;
 7             (2)  a  person  to  buy,  receive,  possess, sell or
 8        dispose of 3 or more vehicles, 3 or more essential  parts
 9        of  different  vehicles, or a combination thereof, at the
10        same time or within a one year period, knowing  that  the
11        identification  numbers  of the vehicles or the essential
12        parts with an identification number have been removed  or
13        falsified;
14             (3)  a  person  not  entitled to the possession of a
15        vehicle having a value of $25,000 or greater to  receive,
16        possess,  conceal, sell, dispose or transfer the vehicle,
17        knowing that the vehicle has been stolen or converted;
18             (4)  a  person  to  knowingly  possess,  buy,  sell,
19        exchange or give away, at the same time or within  a  one
20        year  period,  3  or  more  manufacturer's identification
21        number  plates,  mylar  stickers,   federal   certificate
22        labels,  State  Police  reassignment plates, Secretary of
23        State assigned plates or a facsimile of those items, or a
24        combination thereof, which have not yet been attached  to
25        or have been removed from an original or assigned vehicle
26        or  essential  part  of  a vehicle.  It is an affirmative
27        defense that the person possessing,  buying,  selling  or
28        exchanging  a  plate,  mylar sticker or label is a police
29        officer doing so as part of his official duties, or is  a
30        manufacturer's authorized representative who is replacing
31        any  manufacturer's  identification  number  plate, mylar
32        sticker or federal certificate label originally placed on
33        a vehicle  by  the  manufacturer  of  a  vehicle  or  any
34        essential part of a vehicle;
 
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 1             (5)  a  person not entitled to the possession of any
 2        second division vehicle, semitrailer, farm  tractor,  tow
 3        truck,  rescue  squad vehicle, medical transport vehicle,
 4        fire engine, special mobile equipment, dump truck,  truck
 5        mounted transit mixer, crane or the engine, transmission,
 6        cab,  cab  clip  or  vehicle  cowl  of  any  of the above
 7        vehicles, to receive, possess, conceal, sell, dispose  of
 8        or transfer the vehicle or vehicle part described in this
 9        paragraph knowing it is stolen or converted;
10             (6)  a  person  not  entitled to the possession of a
11        vehicle which is owned or operated by a  law  enforcement
12        agency  to receive, possess, conceal, sell, or dispose of
13        or transfer such vehicle knowing it is the property of  a
14        law  enforcement  agency  and  knowing it to be stolen or
15        converted;
16             (7)  a person:
17                  (A)  who is the driver or operator of a vehicle
18             and is  not  entitled  to  the  possession  of  that
19             vehicle  and  who  knows  the  vehicle  is stolen or
20             converted, or
21                  (B)  who is the driver or operator of a vehicle
22             being  used  to  transport  or  haul  a  vehicle  or
23             essential part of a vehicle and is not  entitled  to
24             the  possession  of  that  vehicle or essential part
25             being  transported  or  hauled  and  who  knows  the
26             transported or hauled vehicle or essential  part  is
27             stolen or converted,
28        who  has been given a signal by a peace officer directing
29        him to bring the vehicle to a stop, to willfully fail  or
30        refuse  to  obey  such  direction,  increase  his  speed,
31        extinguish  his  lights  or  otherwise flee or attempt to
32        elude the officer.  The signal given by the peace officer
33        may be by hand, voice, siren, or red or blue  light.  The
34        officer  giving  the  signal, if driving a vehicle, shall
 
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 1        display the vehicle's illuminated, oscillating,  rotating
 2        or  flashing  red  or  blue  lights,  which  when used in
 3        conjunction with an audible horn or siren would  indicate
 4        that  the  vehicle  is  an  official police vehicle. Such
 5        requirement shall not preclude the use of amber or  white
 6        oscillating,  rotating  or flashing lights in conjunction
 7        with red or blue oscillating, rotating or flashing lights
 8        as required in Section 12-215 of this Code; or
 9             (8)  a person, at the same time or within a one year
10        period, to make a false report of the theft or conversion
11        of 3 or more vehicles to any  police  officer  or  police
12        officers of this State.
13        (a-1)  A  person  engaged  in  the repair or servicing of
14    vehicles  does  not  violate  this   Chapter   by   knowingly
15    possessing  a  manufacturer's identification number plate for
16    the purpose of reaffixing it on the same damaged vehicle from
17    which it was originally taken, if  the  person  reaffixes  or
18    intends to reaffix the original manufacturer's identification
19    number  plate  in  place  of  the identification number plate
20    affixed on a new dashboard that has been or will be installed
21    in the vehicle. The person must notify the Secretary of State
22    each time the original manufacturer's  identification  number
23    plate  is  reaffixed  on  a  vehicle.  The person must keep a
24    record  indicating  that  the  identification  number   plate
25    affixed  on  the  new dashboard has been removed and has been
26    replaced by the manufacturer's  identification  number  plate
27    originally  affixed on the vehicle. The person also must keep
28    a  record  regarding  the  status   and   location   of   the
29    identification  number  plate  removed  from  the replacement
30    dashboard. The Secretary shall adopt rules  for  implementing
31    this subsection (a-1).
32        (a-2)  The  owner  of a vehicle repaired under subsection
33    (a-1) must, within 90  days  of  the  date  of  the  repairs,
34    contact  an  officer  of  the  Illinois  State Police Vehicle
 
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 1    Inspection Bureau  and  arrange  for  an  inspection  of  the
 2    vehicle,  by  the  officer  or  the  officer's designee, at a
 3    mutually agreed upon date and location.
 4        (b)  The  inference  contained  in   paragraph   (1)   of
 5    subsection  (a)  of Section 4-103 of this Code shall apply to
 6    subsection (a) of this Section.
 7        (c)  A person convicted of violating this  Section  shall
 8    be guilty of a Class 1 felony.
 9        (d)  The  offenses  set  forth  in subsection (a) of this
10    Section shall not include the offenses set forth  in  Section
11    4-103 of this Code.
12    (Source: P.A. 86-1209.)

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

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.