Rep. Martin J. Moylan

Filed: 3/22/2023

 

 


 

 


 
10300HB2245ham001LRB103 25366 MXP 59788 a

1
AMENDMENT TO HOUSE BILL 2245

2    AMENDMENT NO. ______. Amend House Bill 2245 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by adding
5Sections 4-110 and 4-111 as follows:
 
6    (625 ILCS 5/4-110 new)
7    Sec. 4-110. Stolen vehicle recovery hotline. In a county
8having a population of 3,000,000 or more, the county sheriff
9shall establish with other law enforcement agencies a vehicle
10theft hotline to facilitate interaction with vehicle
11manufacturers and vehicle location vendors consistent with the
12Freedom From Location Surveillance Act. The county sheriff
13shall collaborate with vehicle manufacturers, dealers, and
14vehicle location vendors to provide information and assistance
15to law enforcement officers in the investigation of a
16vehicular hijacking or kidnapping incident and ensure that

 

 

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1consumers are provided with information concerning the
2hotline, new or used vehicles manufactured with stolen vehicle
3locator capabilities, and how consumers can activate stolen
4vehicle locator services by publishing the information in a
5conspicuous location on the county sheriff's website.
 
6    (625 ILCS 5/4-111 new)
7    Sec. 4-111. Manufacturer's vehicle incident hotline; law
8enforcement verification; manufacturer statements.
9    (a) Unless the manufacturer or vehicle location vendor
10operates an existing vehicle location service line, a
11manufacturer of any vehicle sold in this State shall maintain
12a telephone number that is staffed and available to State,
13county, and local law enforcement agencies and their
14respective 9-1-1 system call centers or designated dispatch
15centers 24 hours a day, 7 days a week to assist law enforcement
16with locating vehicles in the investigation of vehicles stolen
17in vehicular hijacking incidents or that have been used in the
18commission of a kidnapping. The hotline for the manufacturer
19or the manufacturer's vehicle location vendor shall relay
20vehicle location information, including real-time vehicle
21location information whenever reasonably possible, to the
229-1-1 call center or designated dispatch center or sworn law
23enforcement personnel for any of the responding law
24enforcement agencies, to the best of the manufacturer's or
25vehicle location vendor's technical capability when:

 

 

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1        (1) a warrant or other court order has been issued
2    relating to the vehicle's location information and
3    provided to the manufacturer or the vehicle location
4    vendor;
5        (2) the vehicle owner lawfully consents to the vehicle
6    location information being shared with the 9-1-1 call
7    center or designated dispatch center and responding law
8    enforcement officials; or
9        (3) the 9-1-1 call center or designated dispatch
10    center or responding law enforcement officials:
11            (A) certify to the manufacturer or the vehicle
12        location vendor, that the situation involves a clear
13        and present danger of death or great bodily harm to
14        persons resulting from the vehicular hijacking or
15        kidnapping incident; and
16            (B) provides adequate verification to the
17        manufacturer or the vehicle location vendor, of their
18        identity as law enforcement.
19    (b) State, county, and local law enforcement agencies
20shall use their respective 9-1-1 system call centers or
21designated dispatch centers for the purpose of verification of
22law enforcement officers' identities and bona fide incident
23report numbers related to incidents.
24    (c) If a vehicle is equipped with functioning vehicle
25location tracking capability, but the capability is not
26currently activated, the manufacturer or the vehicle location

 

 

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1vendor, shall waive all fees associated with initiating,
2renewing, reestablishing, or maintaining the vehicle location
3service the vehicle is equipped with during the investigation
4of the vehicle being stolen in a vehicular hijacking incident
5or being used in the commission of kidnapping incident when
6law enforcement has confirmed that the situation involves a
7clear and present danger of death or great bodily harm to
8persons as described in paragraph (3) of subsection (a) and
9requires disclosure of vehicle location information without
10delay.
11    (d) There shall be no cause of action or liability under
12the laws of this State for a vehicle manufacturer, its
13subsidiaries, or vendors, or any employee, officer, director,
14representatives, or contractor of the manufacturer,
15subsidiary, or vendor, that provides, or in good faith
16attempts to provide, information or assistance to a law
17enforcement agency, 9-1-1 call center, or designated dispatch
18center pursuant to the mechanisms and processes established
19under this Section.".