Full Text of HB4127 93rd General Assembly
HB4127eng 93RD GENERAL ASSEMBLY
|
|
|
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.
|
|