State of Illinois
92nd General Assembly
Legislation

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92_HB1072

 
                                               LRB9207293DHmg

 1        AN ACT regarding 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 Section 4-107 as follows:

 6        (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
 7        Sec.  4-107.   Stolen, converted, recovered and unclaimed
 8    vehicles.
 9        (a)  Every Sheriff, Superintendent of  police,  Chief  of
10    police  or  other  police  officer  in  command of any Police
11    department in any City, Village, or Town of the State, shall,
12    by the fastest means of communications available  to  his  or
13    her  law  enforcement agency, immediately report to the State
14    Police, in Springfield, Illinois, the theft  or  recovery  of
15    any stolen or converted vehicle within his or her district or
16    jurisdiction.   The  report  shall  give  the  date of theft,
17    description  of  the  vehicle  including   color,   year   of
18    manufacture, manufacturer's trade name, manufacturer's series
19    name,  body  style, vehicle identification number and license
20    registration number, including the state in which the license
21    was issued and the year of issuance, together with the  name,
22    residence  address, business address, and telephone number of
23    the owner.  The report shall be routed by the originating law
24    enforcement agency through the State Police District in which
25    such agency is located.
26        (b)  A registered owner or a lienholder  may  report  the
27    theft by conversion of a vehicle, to the State Police, or any
28    other  police  department  or  Sheriff's office.  Such report
29    will be accepted as a report of theft and processed only if a
30    formal complaint is on file and a warrant issued.
31        (c)  An operator of a place  of  business  for  garaging,
 
                            -2-                LRB9207293DHmg
 1    repairing,  parking  or  storing  vehicles for the public, in
 2    which a vehicle remains unclaimed, after being left  for  the
 3    purpose  of  garaging,  repairing,  parking or storage, for a
 4    period of 15 days, shall, within 5 days after the  expiration
 5    of  that  period,  report  the  vehicle  as  unclaimed to the
 6    municipal police when the vehicle  is  within  the  corporate
 7    limits  of  any  City,  Village  or incorporated Town, or the
 8    County Sheriff, or State Police when the vehicle  is  outside
 9    the corporate limits of a City, Village or incorporated Town.
10    This Section does not apply to any vehicle:
11             (1)  removed   to  a  place  of  storage  by  a  law
12        enforcement agency  having  jurisdiction,  in  accordance
13        with Sections 4-201 and 4-203 of this Act; or
14             (2)  left  under  a garaging, repairing, parking, or
15        storage order signed  by  the  owner,  lessor,  or  other
16        legally entitled person.
17        Failure  to  comply  with this Section will result in the
18    forfeiture of storage fees for that vehicle involved.
19        (d)  The State Police shall keep a complete record of all
20    reports filed under this Section of the Act.  Upon receipt of
21    such report, a careful search shall be made of  the   records
22    of the office of the State Police, and where it is found that
23    a  vehicle  reported  recovered was stolen in a County, City,
24    Village or Town other than the County, City, Village or  Town
25    in  which it is recovered, the State Police shall immediately
26    notify  the  Sheriff,  Superintendent  of  police,  Chief  of
27    police, or other police officer in command of  the  Sheriff's
28    office  or  Police department of the County, City, Village or
29    Town in which the vehicle  was  originally  reported  stolen,
30    giving complete data as to the time and place of recovery.
31        (e)  Notification of the theft or conversion of a vehicle
32    will  be  furnished  to  the  Secretary of State by the State
33    Police.  The  Secretary  of  State  shall  place  the  proper
34    information   in   the   license   registration  and    title
 
                            -3-                LRB9207293DHmg
 1    registration files to indicate the theft or conversion  of  a
 2    motor vehicle or other vehicle.  Notification of the recovery
 3    of  a  vehicle previously reported as a theft or a conversion
 4    will be furnished to the Secretary  of  State  by  the  State
 5    Police.   The  Secretary  of  State  shall  remove the proper
 6    information  from  the   license   registration   and   title
 7    registration files that has previously indicated the theft or
 8    conversion  of  a  vehicle.    The  Secretary  of State shall
 9    suspend the registration of  a  vehicle  upon  receipt  of  a
10    report  from the State Police that such vehicle was stolen or
11    converted.
12        (f)  When the Secretary of State receives an  application
13    for a certificate of title or an application for registration
14    of  a  vehicle  and  it is determined from the records of the
15    office of the Secretary of State that such vehicle  has  been
16    reported  stolen  or  converted, the Secretary of State shall
17    immediately notify the State Police and shall give the  State
18    Police  the name and address of the person or firm titling or
19    registering the vehicle, together with all other  information
20    contained  in  the  application  submitted  by such person or
21    firm.
22        (g)  During the usual course of business the manufacturer
23    of any vehicle shall place an original manufacturer's vehicle
24    identification number on all such vehicles  manufactured  and
25    on  any  part  of  such  vehicles requiring an identification
26    number.
27        (h)  If a manufacturer's vehicle identification number is
28    missing or has been removed,  changed  or  mutilated  on  any
29    vehicle,   or   any   part   of  such  vehicle  requiring  an
30    identification  number,  the  State  Police  shall   restore,
31    restamp  or  reaffix the vehicle identification number plate,
32    or affix a new  plate  bearing  the  original  manufacturer's
33    vehicle identification number on each such vehicle and on all
34    necessary  parts  of  the vehicles.  A vehicle identification
 
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 1    number so affixed, restored, restamped, reaffixed or replaced
 2    is not falsified, altered or forged  within  the  meaning  of
 3    this Act.
 4        (i)  If a vehicle or part of any vehicle is found to have
 5    the  manufacturer's  identification  number removed, altered,
 6    defaced or destroyed, the vehicle or part shall be seized  by
 7    any  law  enforcement agency having jurisdiction and held for
 8    the  purpose  of  identification.   In  the  event  that  the
 9    manufacturer's identification number of  a  vehicle  or  part
10    cannot be identified, the vehicle or part shall be considered
11    contraband,  and  no  right  of  property  shall exist in any
12    person owning, leasing or possessing  such  property,  unless
13    the  person owning, leasing or possessing the vehicle or part
14    acquired  such  without  knowledge  that  the  manufacturer's
15    vehicle identification  number  has  been  removed,  altered,
16    defaced, falsified or destroyed.
17        Either  the seizing law enforcement agency or the State's
18    Attorney of the county where the seizure occurred may make an
19    application for an order of forfeiture to the  circuit  court
20    in  the  county  of  seizure.  The application for forfeiture
21    shall be independent from any prosecution arising out of  the
22    seizure and is not subject to any final determination of such
23    prosecution.    The   circuit  court  shall  issue  an  order
24    forfeiting the property to the seizing law enforcement agency
25    if the court finds that the property did not at the  time  of
26    seizure  possess a valid manufacturer's identification number
27    and that the original  manufacturer's  identification  number
28    cannot  be  ascertained.   The seizing law enforcement agency
29    may:
30             (1) retain the forfeited property for official  use;
31        or
32             (2) sell  the  forfeited property and distribute the
33        proceeds in accordance with Section 4-211 of  this  Code,
34        or  dispose  of  the forfeited property in such manner as
 
                            -5-                LRB9207293DHmg
 1        the law enforcement agency deems appropriate.
 2        (j)  The State Police shall notify the Secretary of State
 3    each time a manufacturer's vehicle identification  number  is
 4    affixed,  reaffixed,  restored  or  restamped on any vehicle.
 5    The Secretary of State shall make the  necessary  changes  or
 6    corrections in his records, after the proper applications and
 7    fees have been submitted, if applicable.
 8        (k)  Any  vessel, vehicle or aircraft used with knowledge
 9    and consent of the owner in the  commission  of,  or  in  the
10    attempt  to  commit as defined in Section 8-4 of the Criminal
11    Code of 1961, an offense prohibited by Section 4-103 of  this
12    Chapter, including transporting of a stolen vehicle or stolen
13    vehicle parts, shall be seized by any law enforcement agency.
14    The seizing law enforcement agency may:
15             (1)  return the vehicle to its owner if such vehicle
16        is stolen; or
17             (2)  confiscate  the  vehicle  and retain it for any
18        purpose  which   the   law   enforcement   agency   deems
19        appropriate; or
20             (3)  sell the vehicle at a public sale or dispose of
21        the  vehicle  in such other manner as the law enforcement
22        agency deems appropriate.
23        If the vehicle is sold at public sale,  the  proceeds  of
24    the sale shall be paid to the law enforcement agency.
25        The  law  enforcement  agency  shall  not retain, sell or
26    dispose of a vehicle under paragraphs  (2)  or  (3)  of  this
27    subsection  (k)  except upon an order of forfeiture issued by
28    the circuit court.  The circuit court may issue such order of
29    forfeiture upon application of the law enforcement agency  or
30    State's  Attorney  of  the  county  where the law enforcement
31    agency has jurisdiction, or in the case of the Department  of
32    State  Police  or the Secretary of State, upon application of
33    the Attorney General.
34        The court shall issue the  order  if  the  owner  of  the
 
                            -6-                LRB9207293DHmg
 1    vehicle has been convicted of transporting stolen vehicles or
 2    stolen  vehicle  parts  and the evidence establishes that the
 3    owner's vehicle has been  used  in  the  commission  of  such
 4    offense.
 5        The  provisions  of  subsection (k) of this Section shall
 6    not apply to any vessel, vehicle or aircraft, which has  been
 7    leased,  rented  or loaned by its owner, if the owner did not
 8    have knowledge of and consent  to  the  use  of  the  vessel,
 9    vehicle or aircraft in the commission of, or in an attempt to
10    commit,  an  offense  prohibited  by  Section  4-103  of this
11    Chapter.
12    (Source: P.A. 89-433, eff. 12-15-95.)

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