HB4127 Engrossed LRB093 17652 DRH 44229 b

1     AN ACT concerning 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 changing
5 Sections 3-104 and 3-302 and by adding Sections 3-102.1 and
6 5-106.1 as follows:
 
7     (625 ILCS 5/3-102.1 new)
8     Sec. 3-102.1. Purchase of vehicles by specified offenders
9 prohibited.
10     (a) A person may not purchase a motor vehicle while that
11 person's driving privileges are suspended or revoked as result
12 of a conviction for violating Section 9-3 of the Criminal Code
13 of 1961 relating to the offense of reckless homicide, or a
14 conviction for violating Section 11-501 of this Code or a
15 similar provision of a local ordinance, or have been suspended
16 in accordance with a statutory summary suspension as authorized
17 by Section 11-501.1 of this Code, unless the purchaser has been
18 issued a driving permit as authorized by this Code that is in
19 effect at the time of the purchase.
20     (b) Violation of this Section is a Class C misdemeanor.
21     (c) A person prohibited from purchasing a motor vehicle by
22 this Section may seek an exception by filing a request for an
23 exception with the Administrative Hearings Department of the
24 Office of the Secretary of State. The Secretary may grant the
25 exception upon a showing (i) that the person's name must appear
26 on the title and registration of a motor vehicle for financing
27 purposes and (ii) that the motor vehicle is to be used as a
28 primary means of transportation by another person. The
29 Secretary shall adopt rules for implementing this subsection
30 (c).
 
31     (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)

 

 

HB4127 Engrossed - 2 - LRB093 17652 DRH 44229 b

1     Sec. 3-104. Application for certificate of title.
2     (a) The application for a certificate of title for a
3 vehicle in this State must be made by the owner to the
4 Secretary of State on the form prescribed and must contain:
5         1. The name, Illinois residence and mail address of the
6 owner, and the driver's license number of the owner if the
7 owner has previously been issued a driver's license;
8         2. A description of the vehicle including, so far as
9 the following data exists: Its make, year-model,
10 identifying number, type of body, whether new or used, as
11 to house trailers as defined in Section 1-128 of this Code,
12 the square footage of the house trailer based upon the
13 outside dimensions of the house trailer excluding the
14 length of the tongue and hitch, and, as to vehicles of the
15 second division, whether for-hire, not-for-hire, or both
16 for-hire and not-for-hire;
17         3. The date of purchase by applicant and, if
18 applicable, the name and address of the person from whom
19 the vehicle was acquired and the names and addresses of any
20 lienholders in the order of their priority and signatures
21 of owners;
22         4. The current odometer reading at the time of transfer
23 and that the stated odometer reading is one of the
24 following: actual mileage, not the actual mileage or
25 mileage is in excess of its mechanical limits; and
26         4.1. A certification that, at the time of the
27 application for title, the owner's driving privileges are
28 not suspended or revoked as result of a conviction for
29 violating Section 9-3 of the Criminal Code of 1961 relating
30 to the offense of reckless homicide, or a conviction for
31 violating Section 11-501 of this Code or a similar
32 provision of a local ordinance, or suspended pursuant to a
33 statutory summary suspension as authorized by Section
34 11-501.1 of this Code or, if the owner's driving privileges
35 have been suspended or revoked, that the owner has been
36 issued a driving permit as authorized by this Code that is

 

 

HB4127 Engrossed - 3 - LRB093 17652 DRH 44229 b

1 in effect at the time of the application for title; and
2         5. Any further information the Secretary of State
3 reasonably requires to identify the vehicle and to enable
4 him to determine whether the owner is entitled to a
5 certificate of title and the existence or nonexistence of
6 security interests in the vehicle.
7     (b) If the application refers to a vehicle purchased from a
8 dealer, it must also be signed by the dealer as well as the
9 owner, and the dealer must promptly mail or deliver the
10 application and required documents to the Secretary of State.
11     (c) If the application refers to a vehicle last previously
12 registered in another State or country, the application must
13 contain or be accompanied by:
14         1. Any certified document of ownership so recognized
15 and issued by the other State or country and acceptable to
16 the Secretary of State, and
17         2. Any other information and documents the Secretary of
18 State reasonably requires to establish the ownership of the
19 vehicle and the existence or nonexistence of security
20 interests in it.
21     (d) If the application refers to a new vehicle it must be
22 accompanied by the Manufacturer's Statement of Origin, or other
23 documents as required and acceptable by the Secretary of State,
24 with such assignments as may be necessary to show title in the
25 applicant.
26     (e) If an application refers to a vehicle rebuilt from a
27 vehicle previously salvaged, that application shall comply
28 with the provisions set forth in Sections 3-302 through 3-304
29 of this Code.
30     (f) An application for a certificate of title for any
31 vehicle, whether purchased in Illinois or outside Illinois, and
32 even if previously registered in another State, must be
33 accompanied by either an exemption determination from the
34 Department of Revenue showing that no tax imposed pursuant to
35 the Use Tax Act or the vehicle use tax imposed by Section
36 3-1001 of the Illinois Vehicle Code is owed by anyone with

 

 

HB4127 Engrossed - 4 - LRB093 17652 DRH 44229 b

1 respect to that vehicle, or a receipt from the Department of
2 Revenue showing that any tax so imposed has been paid. An
3 application for a certificate of title for any vehicle
4 purchased outside Illinois, even if previously registered in
5 another state, must be accompanied by either an exemption
6 determination from the Department of Revenue showing that no
7 tax imposed pursuant to the Municipal Use Tax Act or the County
8 Use Tax Act is owed by anyone with respect to that vehicle, or
9 a receipt from the Department of Revenue showing that any tax
10 so imposed has been paid. In the absence of such a receipt for
11 payment or determination of exemption from the Department, no
12 certificate of title shall be issued to the applicant.
13     If the proof of payment of the tax or of nonliability
14 therefor is, after the issuance of the certificate of title and
15 display certificate of title, found to be invalid, the
16 Secretary of State shall revoke the certificate and require
17 that the certificate of title and, when applicable, the display
18 certificate of title be returned to him.
19     (g) If the application refers to a vehicle not manufactured
20 in accordance with federal safety and emission standards, the
21 application must be accompanied by all documents required by
22 federal governmental agencies to meet their standards before a
23 vehicle is allowed to be issued title and registration.
24     (h) If the application refers to a vehicle sold at public
25 sale by a sheriff, it must be accompanied by the required fee
26 and a bill of sale issued and signed by a sheriff. The bill of
27 sale must identify the new owner's name and address, the year
28 model, make and vehicle identification number of the vehicle,
29 court order document number authorizing such sale, if
30 applicable, and the name and address of any lienholders in
31 order of priority, if applicable.
32     (i) If the application refers to a vehicle for which a
33 court of law determined the ownership, it must be accompanied
34 with a certified copy of such court order and the required fee.
35 The court order must indicate the new owner's name and address,
36 the complete description of the vehicle, if known, the name and

 

 

HB4127 Engrossed - 5 - LRB093 17652 DRH 44229 b

1 address of the lienholder, if any, and must be signed and dated
2 by the judge issuing such order.
3     (j) If the application refers to a vehicle sold at public
4 auction pursuant to the Labor and Storage Lien (Small Amount)
5 Act, it must be accompanied by an affidavit or affirmation
6 furnished by the Secretary of State along with the documents
7 described in the affidavit or affirmation and the required fee.
8 (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97;
9 90-655, eff. 7-30-98.)
 
10     (625 ILCS 5/3-302)  (from Ch. 95 1/2, par. 3-302)
11     Sec. 3-302. Application for title; contents. Every
12 application for a certificate of title for a rebuilt vehicle
13 shall be made upon a form prescribed by the Secretary of State,
14 and shall include the following:
15         1. The name, residence and mailing address of the
16 owner, and the driver's license number of the owner if the
17 owner has been previously issued a driver's license;
18         2. A description of the vehicle including, so far as
19 the following data exists: its make, year-model,
20 identifying number, type of body, whether new or used, and
21 as to vehicles of the second division, whether for-hire,
22 not-for-hire, or both for-hire and not-for-hire;
23         3. The date of purchase by applicant, the name and
24 address of the person from whom the vehicle was acquired
25 and the names and addresses of any lienholders in the order
26 of their priority;
27         4. The current odometer reading at the time of transfer
28 and that the stated odometer reading is one of the
29 following: actual mileage, not the actual mileage or
30 mileage is in excess of its mechanical limits; and
31         4.1. A certification that at the time of the
32 application for title the owner's driving privileges are
33 not suspended or revoked pursuant to a conviction for
34 violating Section 9-3 of the Criminal Code of 1961 relating
35 to the offense of reckless homicide, or a conviction for

 

 

HB4127 Engrossed - 6 - LRB093 17652 DRH 44229 b

1 violating Section 11-501 of this Code or a similar
2 provision of a local ordinance, or suspended pursuant to a
3 statutory summary suspension as authorized by Section
4 11-501.1 of this Code or, if the owner's driving privileges
5 have been suspended or revoked, that the owner has been
6 issued a driving permit as authorized by this Code that is
7 in effect at the time of the application for title; and
8         5. Any further information the Secretary of State
9 reasonably requires to identify the vehicle and to enable
10 him to determine whether the owner is entitled to a
11 certificate of title and the existence or nonexistence of
12 security interests in the vehicle.
13 (Source: P.A. 92-651, eff. 7-11-02.)
 
14     (625 ILCS 5/5-106.1 new)
15     Sec. 5-106.1. Sales to certain offenders prohibited.
16     (a) A new or used motor vehicle dealer may not sell a motor
17 vehicle to any individual whose driving privileges are
18 suspended or revoked as a result of a conviction for violating
19 Section 9-3 of the Criminal Code of 1961 relating to the
20 offense of reckless homicide, or a conviction for violating
21 Section 11-501 of this Code or a similar provision of a local
22 ordinance, or suspended in accordance with a statutory summary
23 suspension as authorized by Section 11-501.1 of this Code,
24 unless the individual has been issued a driving permit as
25 authorized by this Code that is in effect at the time of the
26 purchase.
27     (b) The sale of a motor vehicle to a person whose driving
28 privileges are suspended or revoked as described in subsection
29 (a) is not a violation of this Section if (i) the new or used
30 motor vehicle dealer attempts to ascertain the status of the
31 purchaser's driving privileges through the means established
32 by the Secretary of State and is unable to do so because the
33 information is unavailable due to a failure of the
34 communication system established by the Secretary of State or
35 (ii) the information received from the Secretary of State is

 

 

HB4127 Engrossed - 7 - LRB093 17652 DRH 44229 b

1 erroneous.
 
2     Section 10. The Criminal Code of 1961 is amended by
3 changing Section 36-1 as follows:
 
4     (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
5     Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
6 with the knowledge and consent of the owner in the commission
7 of, or in the attempt to commit as defined in Section 8-4 of
8 this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
9 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
10 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 18-2,
11 19-1, 19-2, 19-3, 20-1, 20-2, 20.5-6, 24-1.2, 24-1.2-5, 24-1.5,
12 or 28-1 of this Code, paragraph (a) of Section 12-4 of this
13 Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or
14 (d) of Section 12-16 of this Code, or paragraph (a)(6) or
15 (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23, 24
16 or 26 of the Cigarette Tax Act if the vessel, vehicle or
17 aircraft contains more than 10 cartons of such cigarettes; (c)
18 Section 28, 29 or 30 of the Cigarette Use Tax Act if the
19 vessel, vehicle or aircraft contains more than 10 cartons of
20 such cigarettes; (d) Section 44 of the Environmental Protection
21 Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) the
22 offenses described in the following provisions of the Illinois
23 Vehicle Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2),
24 (c-1)(3), (d)(1)(A), or (d)(1)(D); (g) an offense described in
25 subsection (g) of Section 6-303 of the Illinois Vehicle Code;
26 or (h) an offense described in subsection (e) of Section 6-101
27 of the Illinois Vehicle Code; or any vehicle purchased in
28 violation of Section 3-102.1 of the Illinois Vehicle Code may
29 be seized and delivered forthwith to the sheriff of the county
30 of seizure.
31     Within 15 days after such delivery the sheriff shall give
32 notice of seizure to each person according to the following
33 method: Upon each such person whose right, title or interest is
34 of record in the office of the Secretary of State, the

 

 

HB4127 Engrossed - 8 - LRB093 17652 DRH 44229 b

1 Secretary of Transportation, the Administrator of the Federal
2 Aviation Agency, or any other Department of this State, or any
3 other state of the United States if such vessel, vehicle or
4 aircraft is required to be so registered, as the case may be,
5 by mailing a copy of the notice by certified mail to the
6 address as given upon the records of the Secretary of State,
7 the Department of Aeronautics, Department of Public Works and
8 Buildings or any other Department of this State or the United
9 States if such vessel, vehicle or aircraft is required to be so
10 registered. Within that 15 day period the sheriff shall also
11 notify the State's Attorney of the county of seizure about the
12 seizure.
13     In addition, any mobile or portable equipment used in the
14 commission of an act which is in violation of Section 7g of the
15 Metropolitan Water Reclamation District Act shall be subject to
16 seizure and forfeiture under the same procedures provided in
17 this Article for the seizure and forfeiture of vessels,
18 vehicles and aircraft, and any such equipment shall be deemed a
19 vessel, vehicle or aircraft for purposes of this Article.
20     When a person discharges a firearm at another individual
21 from a vehicle with the knowledge and consent of the owner of
22 the vehicle and with the intent to cause death or great bodily
23 harm to that individual and as a result causes death or great
24 bodily harm to that individual, the vehicle shall be subject to
25 seizure and forfeiture under the same procedures provided in
26 this Article for the seizure and forfeiture of vehicles used in
27 violations of clauses (a), (b), (c), or (d) of this Section.
28     If the spouse of the owner of a vehicle seized for an
29 offense described in subsection (g) of Section 6-303 of the
30 Illinois Vehicle Code, a violation of subdivision (c-1)(1),
31 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
32 of the Illinois Vehicle Code, or Section 9-3 of this Code makes
33 a showing that the seized vehicle is the only source of
34 transportation and it is determined that the financial hardship
35 to the family as a result of the seizure outweighs the benefit
36 to the State from the seizure, the vehicle may be forfeited to

 

 

HB4127 Engrossed - 9 - LRB093 17652 DRH 44229 b

1 the spouse or family member and the title to the vehicle shall
2 be transferred to the spouse or family member who is properly
3 licensed and who requires the use of the vehicle for employment
4 or family transportation purposes. A written declaration of
5 forfeiture of a vehicle under this Section shall be sufficient
6 cause for the title to be transferred to the spouse or family
7 member. The provisions of this paragraph shall apply only to
8 one forfeiture per vehicle. If the vehicle is the subject of a
9 subsequent forfeiture proceeding by virtue of a subsequent
10 conviction of either spouse or the family member, the spouse or
11 family member to whom the vehicle was forfeited under the first
12 forfeiture proceeding may not utilize the provisions of this
13 paragraph in another forfeiture proceeding. If the owner of the
14 vehicle seized owns more than one vehicle, the procedure set
15 out in this paragraph may be used for only one vehicle.
16     Property declared contraband under Section 40 of the
17 Illinois Streetgang Terrorism Omnibus Prevention Act may be
18 seized and forfeited under this Article.
19 (Source: P.A. 92-57, eff. 1-1-02; 92-688, eff. 7-16-02; 93-187,
20 eff. 7-11-03.)
 
21     Section 99. Effective date. This Act takes effect January
22 1, 2005.