State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


SB1098 Enrolled                                LRB9205866DHpr

 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
 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  law
13    enforcement  agency,  immediately report to the State Police,
14    in Springfield, Illinois, the theft or recovery of any stolen
15    or converted vehicle within  his  district  or  jurisdiction.
16    The  report  shall give the date of theft, description of the
17    vehicle including color, year of manufacture,  manufacturer's
18    trade  name,  manufacturer's series name, body style, vehicle
19    identification  number  and  license   registration   number,
20    including  the  state in which the license was issued and the
21    year of issuance, together with the name, residence  address,
22    business  address,  and  telephone  number of the owner.  The
23    report shall be routed by  the  originating  law  enforcement
24    agency through the State Police District in which such agency
25    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,
SB1098 Enrolled            -2-                 LRB9205866DHpr
 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
SB1098 Enrolled            -3-                 LRB9205866DHpr
 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
SB1098 Enrolled            -4-                 LRB9205866DHpr
 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
SB1098 Enrolled            -5-                 LRB9205866DHpr
 1        the law enforcement agency deems appropriate.
 2        (i-1)  If  a  motorcycle  is seized under subsection (i),
 3    the motorcycle must be returned within 45 days of the date of
 4    seizure to the person from whom it  was  seized,  unless  (i)
 5    criminal  charges  are pending against that person or (ii) an
 6    application for an order of forfeiture has been submitted  to
 7    the  circuit  in  the  county of seizure or (iii) the circuit
 8    court in the county of seizure has received from the  seizing
 9    law  enforcement agency and has granted a petition to extend,
10    for a single 30 day period, the 45 days allowed for return of
11    the motorcycle.  Except as provided in  subsection  (i-2),  a
12    motorcycle  returned  to  the  person from whom it was seized
13    must be returned in essentially the same condition it was  in
14    at the time of seizure.
15        (i-2)  If  any part or parts of a motorcycle seized under
16    subsection (i) are found to be stolen and  are  removed,  the
17    seizing law enforcement agency is not required to replace the
18    part  or  parts before returning the motorcycle to the person
19    from whom it was seized.
20        (j)  The State Police shall notify the Secretary of State
21    each time a manufacturer's vehicle identification  number  is
22    affixed,  reaffixed,  restored  or  restamped on any vehicle.
23    The Secretary of State shall make the  necessary  changes  or
24    corrections in his records, after the proper applications and
25    fees have been submitted, if applicable.
26        (k)  Any  vessel, vehicle or aircraft used with knowledge
27    and consent of the owner in the  commission  of,  or  in  the
28    attempt  to  commit as defined in Section 8-4 of the Criminal
29    Code of 1961, an offense prohibited by Section 4-103 of  this
30    Chapter, including transporting of a stolen vehicle or stolen
31    vehicle parts, shall be seized by any law enforcement agency.
32    The seizing law enforcement agency may:
33             (1)  return the vehicle to its owner if such vehicle
34        is stolen; or
SB1098 Enrolled            -6-                 LRB9205866DHpr
 1             (2)  confiscate  the  vehicle  and retain it for any
 2        purpose  which   the   law   enforcement   agency   deems
 3        appropriate; or
 4             (3)  sell the vehicle at a public sale or dispose of
 5        the  vehicle  in such other manner as the law enforcement
 6        agency deems appropriate.
 7        If the vehicle is sold at public sale,  the  proceeds  of
 8    the sale shall be paid to the law enforcement agency.
 9        The  law  enforcement  agency  shall  not retain, sell or
10    dispose of a vehicle under paragraphs  (2)  or  (3)  of  this
11    subsection  (k)  except upon an order of forfeiture issued by
12    the circuit court.  The circuit court may issue such order of
13    forfeiture upon application of the law enforcement agency  or
14    State's  Attorney  of  the  county  where the law enforcement
15    agency has jurisdiction, or in the case of the Department  of
16    State  Police  or the Secretary of State, upon application of
17    the Attorney General.
18        The court shall issue the  order  if  the  owner  of  the
19    vehicle has been convicted of transporting stolen vehicles or
20    stolen  vehicle  parts  and the evidence establishes that the
21    owner's vehicle has been  used  in  the  commission  of  such
22    offense.
23        The  provisions  of  subsection (k) of this Section shall
24    not apply to any vessel, vehicle or aircraft, which has  been
25    leased,  rented  or loaned by its owner, if the owner did not
26    have knowledge of and consent  to  the  use  of  the  vessel,
27    vehicle or aircraft in the commission of, or in an attempt to
28    commit,  an  offense  prohibited  by  Section  4-103  of this
29    Chapter.
30    (Source: P.A. 89-433, eff. 12-15-95.)

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