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Rep. Martin J. Moylan
Filed: 3/22/2023
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1 | | AMENDMENT TO HOUSE BILL 2245
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2 | | AMENDMENT NO. ______. Amend House Bill 2245 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Vehicle Code is amended by adding |
5 | | Sections 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 |
8 | | having a population of 3,000,000 or more, the county sheriff |
9 | | shall establish with other law enforcement agencies a vehicle |
10 | | theft hotline to facilitate interaction with vehicle |
11 | | manufacturers and vehicle location vendors consistent with the |
12 | | Freedom From Location Surveillance Act. The county sheriff |
13 | | shall collaborate with vehicle manufacturers, dealers, and |
14 | | vehicle location vendors to provide information and assistance |
15 | | to law enforcement officers in the investigation of a |
16 | | vehicular hijacking or kidnapping incident and ensure that |
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1 | | consumers are provided with information concerning the |
2 | | hotline, new or used vehicles manufactured with stolen vehicle |
3 | | locator capabilities, and how consumers can activate stolen |
4 | | vehicle locator services by publishing the information in a |
5 | | conspicuous location on the county sheriff's website. |
6 | | (625 ILCS 5/4-111 new) |
7 | | Sec. 4-111. Manufacturer's vehicle incident hotline; law |
8 | | enforcement verification; manufacturer statements. |
9 | | (a) Unless the manufacturer or vehicle location vendor |
10 | | operates an existing vehicle location service line, a |
11 | | manufacturer of any vehicle sold in this State shall maintain |
12 | | a telephone number that is staffed and available to State, |
13 | | county, and local law enforcement agencies and their |
14 | | respective 9-1-1 system call centers or designated dispatch |
15 | | centers 24 hours a day, 7 days a week to assist law enforcement |
16 | | with locating vehicles in the investigation of vehicles stolen |
17 | | in vehicular hijacking incidents or that have been used in the |
18 | | commission of a kidnapping. The
hotline for the manufacturer |
19 | | or
the manufacturer's vehicle location vendor shall relay |
20 | | vehicle
location information, including real-time vehicle |
21 | | location
information whenever reasonably possible, to the |
22 | | 9-1-1 call center or
designated dispatch center or sworn law |
23 | | enforcement personnel for any of the responding law |
24 | | enforcement agencies, to
the best of the manufacturer's or |
25 | | vehicle 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 |
20 | | shall use their respective 9-1-1 system call centers or |
21 | | designated dispatch centers for the purpose of verification of |
22 | | law enforcement officers' identities and bona fide incident |
23 | | report numbers related to incidents. |
24 | | (c) If a vehicle is equipped with functioning vehicle |
25 | | location tracking capability, but the capability is not |
26 | | currently activated, the manufacturer or the vehicle location |
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1 | | vendor, shall waive all fees associated with initiating, |
2 | | renewing, reestablishing, or maintaining the vehicle location |
3 | | service the vehicle is equipped with during the investigation |
4 | | of the vehicle being stolen in a vehicular hijacking incident |
5 | | or being used in the commission of kidnapping incident when |
6 | | law enforcement has confirmed that the situation involves a |
7 | | clear and present danger of death or great bodily harm to |
8 | | persons as described in paragraph (3) of subsection (a) and |
9 | | requires disclosure of vehicle location information without |
10 | | delay. |
11 | | (d) There shall be no cause of action or liability under |
12 | | the laws of this State for a vehicle manufacturer, its |
13 | | subsidiaries, or vendors, or any employee, officer, director, |
14 | | representatives, or contractor of the manufacturer, |
15 | | subsidiary, or vendor, that provides, or in good faith |
16 | | attempts to provide, information or assistance to a law |
17 | | enforcement agency, 9-1-1 call center, or designated dispatch |
18 | | center pursuant to the mechanisms and processes established |
19 | | under this Section. ".
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