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; HB3106 Enrolled -2- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -3- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -4- LRB093 02479 DRH 02489 b 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; HB3106 Enrolled -5- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -6- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -7- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -8- LRB093 02479 DRH 02489 b 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, HB3106 Enrolled -9- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -10- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -11- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -12- LRB093 02479 DRH 02489 b 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 HB3106 Enrolled -13- LRB093 02479 DRH 02489 b 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.