093_HB3106eng

 
HB3106 Engrossed                     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        (b)  Sentence.  A person convicted of a violation of this
17    Section shall be guilty of a Class 2 felony.
18        (c)  The  offenses  set  forth  in subsection (a) of this
19    Section shall not include the offense set  forth  in  Section
20    4-103.2 of this Code.
21    (Source: P.A. 90-89, eff. 1-1-98; 91-450, eff. 1-1-00.)

22        (625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2)
23        Sec.  4-103.2.   Aggravated  offenses  relating  to motor
24    vehicles and other vehicles-Felonies.
25        (a)  Except as provided in  subsection  (a-1),  it  is  a
26    violation of this Chapter for:
27             (1)  a person not entitled to the possession of 3 or
28        more  vehicles,  3  or  more essential parts of different
29        vehicles, or a combination thereof, to receive,  possess,
30        conceal,  sell, dispose of or transfer, those vehicles or
31        parts of vehicles at the same time or within a  one  year
32        period  knowing  that these vehicles or parts of vehicles
33        are stolen or converted;
 
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 1             (2)  a person to  buy,  receive,  possess,  sell  or
 2        dispose  of 3 or more vehicles, 3 or more essential parts
 3        of different vehicles, or a combination thereof,  at  the
 4        same  time  or within a one year period, knowing that the
 5        identification numbers of the vehicles or  the  essential
 6        parts  with an identification number have been removed or
 7        falsified;
 8             (3)  a person not entitled to the  possession  of  a
 9        vehicle  having a value of $25,000 or greater to receive,
10        possess, conceal, sell, dispose or transfer the  vehicle,
11        knowing that the vehicle has been stolen or converted;
12             (4)  a  person  to  knowingly  possess,  buy,  sell,
13        exchange  or  give away, at the same time or within a one
14        year period,  3  or  more  manufacturer's  identification
15        number   plates,   mylar  stickers,  federal  certificate
16        labels, State Police reassignment  plates,  Secretary  of
17        State assigned plates or a facsimile of those items, or a
18        combination  thereof, which have not yet been attached to
19        or have been removed from an original or assigned vehicle
20        or essential part of a vehicle.   It  is  an  affirmative
21        defense  that  the  person possessing, buying, selling or
22        exchanging a plate, mylar sticker or label  is  a  police
23        officer  doing so as part of his official duties, or is a
24        manufacturer's authorized representative who is replacing
25        any manufacturer's  identification  number  plate,  mylar
26        sticker or federal certificate label originally placed on
27        a  vehicle  by  the  manufacturer  of  a  vehicle  or any
28        essential part of a vehicle;
29             (5)  a person not entitled to the possession of  any
30        second  division  vehicle, semitrailer, farm tractor, tow
31        truck, rescue squad vehicle, medical  transport  vehicle,
32        fire  engine, special mobile equipment, dump truck, truck
33        mounted transit mixer, crane or the engine, transmission,
34        cab, cab clip  or  vehicle  cowl  of  any  of  the  above
 
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 1        vehicles,  to receive, possess, conceal, sell, dispose of
 2        or transfer the vehicle or vehicle part described in this
 3        paragraph knowing it is stolen or converted;
 4             (6)  a person not entitled to the  possession  of  a
 5        vehicle  which  is owned or operated by a law enforcement
 6        agency to receive, possess, conceal, sell, or dispose  of
 7        or  transfer such vehicle knowing it is the property of a
 8        law enforcement agency and knowing it  to  be  stolen  or
 9        converted;
10             (7)  a person:
11                  (A)  who is the driver or operator of a vehicle
12             and  is  not  entitled  to  the  possession  of that
13             vehicle and who  knows  the  vehicle  is  stolen  or
14             converted, or
15                  (B)  who is the driver or operator of a vehicle
16             being  used  to  transport  or  haul  a  vehicle  or
17             essential  part  of a vehicle and is not entitled to
18             the possession of that  vehicle  or  essential  part
19             being  transported  or  hauled  and  who  knows  the
20             transported  or  hauled vehicle or essential part is
21             stolen or converted,
22        who has been given a signal by a peace officer  directing
23        him  to bring the vehicle to a stop, to willfully fail or
24        refuse  to  obey  such  direction,  increase  his  speed,
25        extinguish his lights or otherwise  flee  or  attempt  to
26        elude the officer.  The signal given by the peace officer
27        may  be  by hand, voice, siren, or red or blue light. The
28        officer giving the signal, if driving  a  vehicle,  shall
29        display  the vehicle's illuminated, oscillating, rotating
30        or flashing red  or  blue  lights,  which  when  used  in
31        conjunction  with an audible horn or siren would indicate
32        that the vehicle is  an  official  police  vehicle.  Such
33        requirement  shall not preclude the use of amber or white
34        oscillating, rotating or flashing lights  in  conjunction
 
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 1        with red or blue oscillating, rotating or flashing lights
 2        as required in Section 12-215 of this Code; or
 3             (8)  a person, at the same time or within a one year
 4        period, to make a false report of the theft or conversion
 5        of  3  or  more  vehicles to any police officer or police
 6        officers of this State.
 7        (a-1)  A person engaged in the  repair  or  servicing  of
 8    vehicles   does   not   violate  this  Chapter  by  knowingly
 9    possessing a manufacturer's identification number  plate  for
10    the purpose of reaffixing it on the same damaged vehicle from
11    which  it  was  originally  taken, if the person reaffixes or
12    intends to reaffix the original manufacturer's identification
13    number plate in place  of  the  identification  number  plate
14    affixed on a new dashboard that has been or will be installed
15    in the vehicle. The person must notify the Secretary of State
16    each  time  the original manufacturer's identification number
17    plate is reaffixed on a  vehicle.  The  person  must  keep  a
18    record   indicating  that  the  identification  number  plate
19    affixed on the new dashboard has been removed  and  has  been
20    replaced  by  the  manufacturer's identification number plate
21    originally affixed on the vehicle. The person also must  keep
22    a   record   regarding   the   status  and  location  of  the
23    identification number  plate  removed  from  the  replacement
24    dashboard.  The  Secretary shall adopt rules for implementing
25    this subsection (a-1).
26        (b)  The  inference  contained  in   paragraph   (1)   of
27    subsection  (a)  of Section 4-103 of this Code shall apply to
28    subsection (a) of this Section.
29        (c)  A person convicted of violating this  Section  shall
30    be guilty of a Class 1 felony.
31        (d)  The  offenses  set  forth  in subsection (a) of this
32    Section shall not include the offenses set forth  in  Section
33    4-103 of this Code.
34    (Source: P.A. 86-1209.)
 
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 1        (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
 2        Sec.  4-107.   Stolen, converted, recovered and unclaimed
 3    vehicles.
 4        (a)  Every Sheriff, Superintendent of  police,  Chief  of
 5    police  or  other  police  officer  in  command of any Police
 6    department in any City, Village or Town of the State,  shall,
 7    by  the  fastest means of communications available to his law
 8    enforcement agency, immediately report to the  State  Police,
 9    in Springfield, Illinois, the theft or recovery of any stolen
10    or  converted  vehicle  within  his district or jurisdiction.
11    The report shall give the date of theft, description  of  the
12    vehicle  including color, year of manufacture, manufacturer's
13    trade name, manufacturer's series name, body  style,  vehicle
14    identification   number   and  license  registration  number,
15    including the state in which the license was issued  and  the
16    year  of issuance, together with the name, residence address,
17    business address, and telephone number  of  the  owner.   The
18    report  shall  be  routed  by the originating law enforcement
19    agency through the State Police District in which such agency
20    is located.
21        (b)  A registered owner or a lienholder  may  report  the
22    theft by conversion of a vehicle, to the State Police, or any
23    other  police  department  or  Sheriff's office.  Such report
24    will be accepted as a report of theft and processed only if a
25    formal complaint is on file and a warrant issued.
26        (c)  An operator of a place  of  business  for  garaging,
27    repairing,  parking  or  storing  vehicles for the public, in
28    which a vehicle remains unclaimed, after being left  for  the
29    purpose  of  garaging,  repairing,  parking or storage, for a
30    period of 15 days, shall, within 5 days after the  expiration
31    of  that  period,  report  the  vehicle  as  unclaimed to the
32    municipal police when the vehicle  is  within  the  corporate
33    limits  of  any  City,  Village  or incorporated Town, or the
34    County Sheriff, or State Police when the vehicle  is  outside
 
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 1    the corporate limits of a City, Village or incorporated Town.
 2    This Section does not apply to any vehicle:
 3             (1)  removed   to  a  place  of  storage  by  a  law
 4        enforcement agency  having  jurisdiction,  in  accordance
 5        with Sections 4-201 and 4-203 of this Act; or
 6             (2)  left  under  a garaging, repairing, parking, or
 7        storage order signed  by  the  owner,  lessor,  or  other
 8        legally entitled person.
 9        Failure  to  comply  with this Section will result in the
10    forfeiture of storage fees for that vehicle involved.
11        (d)  The State Police shall keep a complete record of all
12    reports filed under this Section of the Act.  Upon receipt of
13    such report, a careful search shall be made of  the   records
14    of the office of the State Police, and where it is found that
15    a  vehicle  reported  recovered was stolen in a County, City,
16    Village or Town other than the County, City, Village or  Town
17    in  which it is recovered, the State Police shall immediately
18    notify  the  Sheriff,  Superintendent  of  police,  Chief  of
19    police, or other police officer in command of  the  Sheriff's
20    office  or  Police department of the County, City, Village or
21    Town in which the vehicle  was  originally  reported  stolen,
22    giving complete data as to the time and place of recovery.
23        (e)  Notification of the theft or conversion of a vehicle
24    will  be  furnished  to  the  Secretary of State by the State
25    Police.  The  Secretary  of  State  shall  place  the  proper
26    information   in   the   license   registration   and   title
27    registration  files  to indicate the theft or conversion of a
28    motor vehicle or other vehicle.  Notification of the recovery
29    of a vehicle previously reported as a theft or  a  conversion
30    will  be  furnished  to  the  Secretary of State by the State
31    Police.  The Secretary  of  State  shall  remove  the  proper
32    information   from   the   license   registration  and  title
33    registration files that has previously indicated the theft or
34    conversion of a vehicle. The Secretary of State shall suspend
 
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 1    the registration of a vehicle upon receipt of a  report  from
 2    the State Police that such vehicle was stolen or converted.
 3        (f)  When  the Secretary of State receives an application
 4    for a certificate of title or an application for registration
 5    of a vehicle and it is determined from  the  records  of  the
 6    office  of  the Secretary of State that such vehicle has been
 7    reported stolen or converted, the Secretary  of  State  shall
 8    immediately  notify the State Police and shall give the State
 9    Police the name and address of the person or firm titling  or
10    registering  the vehicle, together with all other information
11    contained in the application  submitted  by  such  person  or
12    firm.
13        (g)  During the usual course of business the manufacturer
14    of any vehicle shall place an original manufacturer's vehicle
15    identification  number  on all such vehicles manufactured and
16    on any part of  such  vehicles  requiring  an  identification
17    number.
18        (h)  Except   provided   in   subsection   (h-1),   if  a
19    manufacturer's vehicle identification number  is  missing  or
20    has been removed, changed or mutilated on any vehicle, or any
21    part  of such vehicle requiring an identification number, the
22    State Police shall restore, restamp or  reaffix  the  vehicle
23    identification number plate, or affix a new plate bearing the
24    original manufacturer's vehicle identification number on each
25    such  vehicle  and  on all necessary parts of the vehicles. A
26    vehicle   identification   number   so   affixed,   restored,
27    restamped, reaffixed or replaced is not falsified, altered or
28    forged within the meaning of this Act.
29        (h-1)  A person engaged in the  repair  or  servicing  of
30    vehicles  may  reaffix a manufacturer's identification number
31    plate  on  the  same  damaged  vehicle  from  which  it   was
32    originally  removed,  if  the  person  reaffixes the original
33    manufacturer's identification number plate in  place  of  the
34    identification  number  plate affixed on a new dashboard that
 
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 1    has been  installed in the vehicle. The  person  must  notify
 2    the  Secretary of State each time the original manufacturer's
 3    identification number plate is reaffixed on  a  vehicle.  The
 4    person  must keep a record indicating that the identification
 5    number plate affixed on the new dashboard  has  been  removed
 6    and  has  been  replaced by the manufacturer's identification
 7    number plate originally affixed on the  vehicle.  The  person
 8    also  must keep a record regarding the status and location of
 9    the identification number plate removed from the  replacement
10    dashboard.  The  Secretary shall adopt rules for implementing
11    this subsection (h-1).
12        (i)  If a vehicle or part of any vehicle is found to have
13    the manufacturer's identification  number  removed,  altered,
14    defaced  or destroyed, the vehicle or part shall be seized by
15    any law enforcement agency having jurisdiction and  held  for
16    the  purpose  of  identification.   In  the  event  that  the
17    manufacturer's  identification  number  of  a vehicle or part
18    cannot be identified, the vehicle or part shall be considered
19    contraband, and no right  of  property  shall  exist  in  any
20    person  owning,  leasing  or possessing such property, unless
21    the person owning, leasing or possessing the vehicle or  part
22    acquired  such  without  knowledge  that  the  manufacturer's
23    vehicle  identification  number  has  been  removed, altered,
24    defaced, falsified or destroyed.
25        Either the seizing law enforcement agency or the  State's
26    Attorney of the county where the seizure occurred may make an
27    application  for  an order of forfeiture to the circuit court
28    in the county of seizure.   The  application  for  forfeiture
29    shall  be independent from any prosecution arising out of the
30    seizure and is not subject to any final determination of such
31    prosecution.   The  circuit  court  shall  issue   an   order
32    forfeiting the property to the seizing law enforcement agency
33    if  the  court finds that the property did not at the time of
34    seizure possess a valid manufacturer's identification  number
 
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 1    and  that  the  original manufacturer's identification number
 2    cannot be ascertained.  The seizing  law  enforcement  agency
 3    may:
 4             (1) retain  the forfeited property for official use;
 5        or
 6             (2) sell the forfeited property and  distribute  the
 7        proceeds  in  accordance with Section 4-211 of this Code,
 8        or dispose of the forfeited property in  such  manner  as
 9        the law enforcement agency deems appropriate.
10        (i-1)  If  a  motorcycle  is seized under subsection (i),
11    the motorcycle must be returned within 45 days of the date of
12    seizure to the person from whom it  was  seized,  unless  (i)
13    criminal  charges  are pending against that person or (ii) an
14    application for an order of forfeiture has been submitted  to
15    the  circuit  in  the  county of seizure or (iii) the circuit
16    court in the county of seizure has received from the  seizing
17    law  enforcement agency and has granted a petition to extend,
18    for a single 30 day period, the 45 days allowed for return of
19    the motorcycle.  Except as provided in  subsection  (i-2),  a
20    motorcycle  returned  to  the  person from whom it was seized
21    must be returned in essentially the same condition it was  in
22    at the time of seizure.
23        (i-2)  If  any part or parts of a motorcycle seized under
24    subsection (i) are found to be stolen and  are  removed,  the
25    seizing law enforcement agency is not required to replace the
26    part  or  parts before returning the motorcycle to the person
27    from whom it was seized.
28        (j)  The State Police shall notify the Secretary of State
29    each time a manufacturer's vehicle identification  number  is
30    affixed,  reaffixed,  restored  or  restamped on any vehicle.
31    The Secretary of State shall make the  necessary  changes  or
32    corrections in his records, after the proper applications and
33    fees have been submitted, if applicable.
34        (k)  Any  vessel, vehicle or aircraft used with knowledge
 
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 1    and consent of the owner in the  commission  of,  or  in  the
 2    attempt  to  commit as defined in Section 8-4 of the Criminal
 3    Code of 1961, an offense prohibited by Section 4-103 of  this
 4    Chapter, including transporting of a stolen vehicle or stolen
 5    vehicle parts, shall be seized by any law enforcement agency.
 6    The seizing law enforcement agency may:
 7             (1)  return the vehicle to its owner if such vehicle
 8        is stolen; or
 9             (2)  confiscate  the  vehicle  and retain it for any
10        purpose  which   the   law   enforcement   agency   deems
11        appropriate; or
12             (3)  sell the vehicle at a public sale or dispose of
13        the  vehicle  in such other manner as the law enforcement
14        agency deems appropriate.
15        If the vehicle is sold at public sale,  the  proceeds  of
16    the sale shall be paid to the law enforcement agency.
17        The  law  enforcement  agency  shall  not retain, sell or
18    dispose of a vehicle under paragraphs  (2)  or  (3)  of  this
19    subsection  (k)  except upon an order of forfeiture issued by
20    the circuit court.  The circuit court may issue such order of
21    forfeiture upon application of the law enforcement agency  or
22    State's  Attorney  of  the  county  where the law enforcement
23    agency has jurisdiction, or in the case of the Department  of
24    State  Police  or the Secretary of State, upon application of
25    the Attorney General.
26        The court shall issue the  order  if  the  owner  of  the
27    vehicle has been convicted of transporting stolen vehicles or
28    stolen  vehicle  parts  and the evidence establishes that the
29    owner's vehicle has been  used  in  the  commission  of  such
30    offense.
31        The  provisions  of  subsection (k) of this Section shall
32    not apply to any vessel, vehicle or aircraft, which has  been
33    leased,  rented  or loaned by its owner, if the owner did not
34    have knowledge of and consent  to  the  use  of  the  vessel,
 
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 1    vehicle or aircraft in the commission of, or in an attempt to
 2    commit,  an  offense  prohibited  by  Section  4-103  of this
 3    Chapter.
 4    (Source: P.A. 92-443, eff. 1-1-02.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.