Full Text of HB4825 102nd General Assembly
HB4825enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 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 Section 3-405 and by adding Section 3-405.5 as | 6 | | follows:
| 7 | | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
| 8 | | Sec. 3-405. Application for registration.
| 9 | | (a) Every owner of a vehicle subject to registration under | 10 | | this Code shall
make application to the Secretary of State for | 11 | | the registration of such
vehicle upon the appropriate form or | 12 | | forms furnished by the Secretary.
Every such original | 13 | | application shall bear the signature of the owner
written with | 14 | | pen and ink and contain:
| 15 | | 1. The name, domicile address, as defined in Section | 16 | | 1-115.5 of this Code, (except as otherwise provided in | 17 | | this
paragraph 1), mail address of the owner or
business | 18 | | address of the owner if a firm, association, or | 19 | | corporation, and, if available, email address of the | 20 | | owner. If
the mailing address is a post office box number, | 21 | | the address listed on the
driver license record may be | 22 | | used to verify residence.
A police officer, a deputy | 23 | | sheriff, an elected sheriff, a law enforcement
officer for |
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| 1 | | the Illinois State Police, a fire investigator, a state's | 2 | | attorney, an assistant state's attorney, a state's | 3 | | attorney special investigator, or a judicial officer may | 4 | | elect to
furnish
the address of the headquarters of the | 5 | | governmental entity, police district, or business address
| 6 | | where he or she
works instead of his or her domicile | 7 | | address, in which case that address shall
be deemed to be | 8 | | his or her domicile address for all purposes under this
| 9 | | Chapter 3.
The spouse and children of a person who may | 10 | | elect under this paragraph 1 to
furnish the address of the | 11 | | headquarters of the government entity, police
district, or | 12 | | business address where the person works instead of the | 13 | | person's domicile address may,
if they reside with that | 14 | | person, also elect to furnish the address of the
| 15 | | headquarters of the government entity, police district, or | 16 | | business address where the person works
as their domicile | 17 | | address, in which case that address shall be deemed to be
| 18 | | their domicile address for all purposes under this Chapter | 19 | | 3.
In this paragraph 1: (A)
"police officer" has the | 20 | | meaning ascribed to "policeman" in Section 10-3-1 of
the | 21 | | Illinois Municipal Code; (B) "deputy sheriff" means a | 22 | | deputy sheriff
appointed under Section 3-6008 of the | 23 | | Counties Code; (C) "elected sheriff"
means a sheriff | 24 | | commissioned pursuant to Section 3-6001 of the Counties | 25 | | Code;
(D) "fire
investigator" means a person classified as | 26 | | a peace officer under the Peace
Officer Fire Investigation |
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| 1 | | Act; (E) "state's attorney", "assistant state's attorney", | 2 | | and "state's attorney special investigator" mean a state's | 3 | | attorney, assistant state's attorney, and state's attorney | 4 | | special investigator commissioned or appointed under | 5 | | Division 3-9 of the Counties Code; and (F) "judicial | 6 | | officer" has the meaning ascribed to it in Section 1-10 of | 7 | | the Judicial Privacy Act.
| 8 | | 2. A description of the vehicle, including such | 9 | | information as is
required in an application for a | 10 | | certificate of title, determined under such
standard | 11 | | rating as may be prescribed by the Secretary.
| 12 | | 3. (Blank). | 13 | | 3.5. A space for a voluntary disclosure of a condition | 14 | | that impedes effective communication under Section | 15 | | 3-405.5.
| 16 | | 4. Such further information as may reasonably be | 17 | | required by the
Secretary to enable him to determine | 18 | | whether the vehicle is
lawfully entitled to registration | 19 | | and the owner entitled to a certificate
of title.
| 20 | | 5. An affirmation by the applicant that all | 21 | | information set forth is
true and correct. If the
| 22 | | application is for the registration of a motor vehicle, | 23 | | the applicant also
shall affirm that the motor vehicle is | 24 | | insured as required by this Code,
that such insurance will | 25 | | be maintained throughout the period for which the
motor | 26 | | vehicle shall be registered, and that neither the owner, |
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| 1 | | nor any
person operating the motor vehicle with the | 2 | | owner's permission, shall
operate the motor vehicle unless | 3 | | the required insurance is in effect. If
the person signing | 4 | | the affirmation is not the sole owner of the vehicle,
such | 5 | | person shall be deemed to have affirmed on behalf of all | 6 | | the owners of
the vehicle. If the person signing the | 7 | | affirmation is not an owner of the
vehicle, such person | 8 | | shall be deemed to have affirmed on behalf of the
owner or | 9 | | owners of the vehicle. The lack of signature on the | 10 | | application
shall not in any manner exempt the owner or | 11 | | owners from any provisions,
requirements or penalties of | 12 | | this Code.
| 13 | | (b) When such application refers to a new vehicle | 14 | | purchased from a
dealer the application shall be accompanied | 15 | | by a Manufacturer's Statement
of Origin from the dealer, and a | 16 | | statement showing any lien retained by the
dealer.
| 17 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 18 | | (625 ILCS 5/3-405.5 new) | 19 | | Sec. 3-405.5. Registration by an owner with a condition | 20 | | that impedes effective communication. | 21 | | (a) An application for registration must provide space | 22 | | where the applicant voluntarily may indicate that the | 23 | | applicant, child of the applicant, or other approved driver of | 24 | | the registered vehicle has a health condition or disability | 25 | | that may impede effective communication with a peace officer. |
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| 1 | | The application shall include a checklist of common health | 2 | | conditions and disabilities that impede effective | 3 | | communication from which the applicant may select. The | 4 | | checklist shall also include a blank space for the applicant | 5 | | to specify a condition that is not listed. The Secretary of | 6 | | State may request from a person who makes an indication under | 7 | | this subsection verification of a condition in the form of: | 8 | | (1) for a physical health condition, a written | 9 | | statement from a licensed physician; or | 10 | | (2) for a mental health condition, a written statement | 11 | | from a licensed physician, a licensed psychologist, or a | 12 | | nonphysician mental health professional. | 13 | | (b) The Secretary shall provide to the Illinois State | 14 | | Police the vehicle registration information of a person who | 15 | | indicated on an application under subsection (a) that the | 16 | | person, child of the person, or other approved driver of the | 17 | | registered vehicle has a health condition or disability that | 18 | | may impede effective communication. The Secretary may not | 19 | | provide to the Illinois State Police information that shows | 20 | | the person's specific health condition or disability, or that | 21 | | of another approved driver of the registered vehicle, unless | 22 | | the person authorizes the disclosure of the specific health | 23 | | condition or disability. | 24 | | (c) The Illinois State Police shall establish a system to | 25 | | include information received under subsection (b) in the | 26 | | statewide Law Enforcement Agencies Data System for the purpose |
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| 1 | | of alerting a peace officer who makes a traffic stop that the | 2 | | operator or a child passenger of the stopped vehicle may have a | 3 | | health condition or disability that may impede effective | 4 | | communication. | 5 | | (d) The Illinois State Police may not make information | 6 | | received under subsection (b) available in the statewide Law | 7 | | Enforcement Agencies Data System to a person who has access to | 8 | | the system under a contract unless the contract prohibits the | 9 | | person from disclosing that information to a person who is not | 10 | | subject to the contract. | 11 | | (e) Except as otherwise provided by this Section, | 12 | | information supplied to the Secretary relating to an | 13 | | applicant's health condition or disability, or that of another | 14 | | approved driver of the registered vehicle, may not be | 15 | | disclosed to any person. Such information is for the | 16 | | confidential use of the Secretary and the Illinois State | 17 | | Police.
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2023.
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