Public Act 93-0456

HB3106 Enrolled                      LRB093 02479 DRH 02489 b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Sections 4-103, 4-103.2, and 4-107 as follows:

    (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
    Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
    (a)  Except as provided in  subsection  (a-1),  it  is  a
violation of this Chapter for:
         (1)  A  person  not  entitled to the possession of a
    vehicle or  essential  part  of  a  vehicle  to  receive,
    possess,  conceal, sell, dispose, or transfer it, knowing
    it to have been stolen or  converted;   additionally  the
    General   Assembly   finds   that   the  acquisition  and
    disposition of vehicles and  their  essential  parts  are
    strictly controlled by law and that such acquisitions and
    dispositions are reflected by documents of title, uniform
    invoices,  rental contracts, leasing agreements and bills
    of sale.  It may be inferred,  therefore  that  a  person
    exercising exclusive unexplained possession over a stolen
    or  converted vehicle or an essential part of a stolen or
    converted vehicle has  knowledge  that  such  vehicle  or
    essential  part  is  stolen  or  converted, regardless of
    whether the date on which such vehicle or essential  part
    was stolen is recent or remote;
         (2)  A  person  to  knowingly remove, alter, deface,
    destroy,   falsify,    or    forge    a    manufacturer's
    identification number of a vehicle or an engine number of
    a  motor  vehicle or any essential part thereof having an
    identification number;
         (3)  A person to knowingly conceal  or  misrepresent
    the identity of a vehicle or any essential part thereof;
         (4)  A  person  to  buy,  receive,  possess, sell or
    dispose of a vehicle, or any essential part thereof, with
    knowledge that the identification number of  the  vehicle
    or  any  essential  part thereof having an identification
    number has been removed or falsified;
         (5)  A  person  to  knowingly  possess,  buy,  sell,
    exchange, give away, or offer to buy, sell,  exchange  or
    give   away,  any  manufacturer's  identification  number
    plate, mylar sticker, federal  certificate  label,  State
    police  reassignment  plate,  Secretary of State assigned
    plate, rosette rivet, or facsimile of such which has  not
    yet  been  attached  to  or  has  been  removed  from the
    original  or  assigned  vehicle.  It  is  an  affirmative
    defense to subsection (a) of this Section that the person
    possessing, buying, selling or exchanging a  plate  mylar
    sticker  or label described in this paragraph is a police
    officer doing so as part of his official duties, or is  a
    manufacturer's authorized representative who is replacing
    any  manufacturer's  identification  number  plate, mylar
    sticker or Federal certificate label originally placed on
    the vehicle by the manufacturer of  the  vehicle  or  any
    essential part thereof;
         (6)  A  person  to  knowingly make a false report of
    the theft or  conversion  of  a  vehicle  to  any  police
    officer   of   this  State  or  any  employee  of  a  law
    enforcement agency of this State designated  by  the  law
    enforcement  agency  to take, receive, process, or record
    reports of vehicle theft or conversion.
    (a-1)  A person engaged in the  repair  or  servicing  of
vehicles   does   not   violate  this  Chapter  by  knowingly
possessing a manufacturer's identification number  plate  for
the purpose of reaffixing it on the same damaged vehicle from
which  it  was  originally  taken, if the person reaffixes or
intends to reaffix the original manufacturer's identification
number plate in place  of  the  identification  number  plate
affixed on a new dashboard that has been or will be installed
in the vehicle. The person must notify the Secretary of State
each  time  the original manufacturer's identification number
plate is reaffixed on a  vehicle.  The  person  must  keep  a
record   indicating  that  the  identification  number  plate
affixed on the new dashboard has been removed  and  has  been
replaced  by  the  manufacturer's identification number plate
originally affixed on the vehicle. The person also must  keep
a   record   regarding   the   status  and  location  of  the
identification number  plate  removed  from  the  replacement
dashboard.  The  Secretary shall adopt rules for implementing
this subsection (a-1).
    (a-2)  The owner of a vehicle repaired  under  subsection
(a-1)  must,  within  90  days  of  the  date of the repairs,
contact an officer  of  the  Illinois  State  Police  Vehicle
Inspection  Bureau  and  arrange  for  an  inspection  of the
vehicle, by the officer  or  the  officer's  designee,  at  a
mutually agreed upon date and location.
    (b)  Sentence.  A person convicted of a violation of this
Section shall be guilty of a Class 2 felony.
    (c)  The  offenses  set  forth  in subsection (a) of this
Section shall not include the offense set  forth  in  Section
4-103.2 of this Code.
(Source: P.A. 90-89, eff. 1-1-98; 91-450, eff. 1-1-00.)

    (625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2)
    Sec.  4-103.2.   Aggravated  offenses  relating  to motor
vehicles and other vehicles-Felonies.
    (a)  Except as provided in  subsection  (a-1),  it  is  a
violation of this Chapter for:
         (1)  a person not entitled to the possession of 3 or
    more  vehicles,  3  or  more essential parts of different
    vehicles, or a combination thereof, to receive,  possess,
    conceal,  sell, dispose of or transfer, those vehicles or
    parts of vehicles at the same time or within a  one  year
    period  knowing  that these vehicles or parts of vehicles
    are stolen or converted;
         (2)  a person to  buy,  receive,  possess,  sell  or
    dispose  of 3 or more vehicles, 3 or more essential parts
    of different vehicles, or a combination thereof,  at  the
    same  time  or within a one year period, knowing that the
    identification numbers of the vehicles or  the  essential
    parts  with an identification number have been removed or
    falsified;
         (3)  a person not entitled to the  possession  of  a
    vehicle  having a value of $25,000 or greater to receive,
    possess, conceal, sell, dispose or transfer the  vehicle,
    knowing that the vehicle has been stolen or converted;
         (4)  a  person  to  knowingly  possess,  buy,  sell,
    exchange  or  give away, at the same time or within a one
    year period,  3  or  more  manufacturer's  identification
    number   plates,   mylar  stickers,  federal  certificate
    labels, State Police reassignment  plates,  Secretary  of
    State assigned plates or a facsimile of those items, or a
    combination  thereof, which have not yet been attached to
    or have been removed from an original or assigned vehicle
    or essential part of a vehicle.   It  is  an  affirmative
    defense  that  the  person possessing, buying, selling or
    exchanging a plate, mylar sticker or label  is  a  police
    officer  doing so as part of his official duties, or is a
    manufacturer's authorized representative who is replacing
    any manufacturer's  identification  number  plate,  mylar
    sticker or federal certificate label originally placed on
    a  vehicle  by  the  manufacturer  of  a  vehicle  or any
    essential part of a vehicle;
         (5)  a person not entitled to the possession of  any
    second  division  vehicle, semitrailer, farm tractor, tow
    truck, rescue squad vehicle, medical  transport  vehicle,
    fire  engine, special mobile equipment, dump truck, truck
    mounted transit mixer, crane or the engine, transmission,
    cab, cab clip  or  vehicle  cowl  of  any  of  the  above
    vehicles,  to receive, possess, conceal, sell, dispose of
    or transfer the vehicle or vehicle part described in this
    paragraph knowing it is stolen or converted;
         (6)  a person not entitled to the  possession  of  a
    vehicle  which  is owned or operated by a law enforcement
    agency to receive, possess, conceal, sell, or dispose  of
    or  transfer such vehicle knowing it is the property of a
    law enforcement agency and knowing it  to  be  stolen  or
    converted;
         (7)  a person:
              (A)  who is the driver or operator of a vehicle
         and  is  not  entitled  to  the  possession  of that
         vehicle and who  knows  the  vehicle  is  stolen  or
         converted, or
              (B)  who is the driver or operator of a vehicle
         being  used  to  transport  or  haul  a  vehicle  or
         essential  part  of a vehicle and is not entitled to
         the possession of that  vehicle  or  essential  part
         being  transported  or  hauled  and  who  knows  the
         transported  or  hauled vehicle or essential part is
         stolen or converted,
    who has been given a signal by a peace officer  directing
    him  to bring the vehicle to a stop, to willfully fail or
    refuse  to  obey  such  direction,  increase  his  speed,
    extinguish his lights or otherwise  flee  or  attempt  to
    elude the officer.  The signal given by the peace officer
    may  be  by hand, voice, siren, or red or blue light. The
    officer giving the signal, if driving  a  vehicle,  shall
    display  the vehicle's illuminated, oscillating, rotating
    or flashing red  or  blue  lights,  which  when  used  in
    conjunction  with an audible horn or siren would indicate
    that the vehicle is  an  official  police  vehicle.  Such
    requirement  shall not preclude the use of amber or white
    oscillating, rotating or flashing lights  in  conjunction
    with red or blue oscillating, rotating or flashing lights
    as required in Section 12-215 of this Code; or
         (8)  a person, at the same time or within a one year
    period, to make a false report of the theft or conversion
    of  3  or  more  vehicles to any police officer or police
    officers of this State.
    (a-1)  A person engaged in the  repair  or  servicing  of
vehicles   does   not   violate  this  Chapter  by  knowingly
possessing a manufacturer's identification number  plate  for
the purpose of reaffixing it on the same damaged vehicle from
which  it  was  originally  taken, if the person reaffixes or
intends to reaffix the original manufacturer's identification
number plate in place  of  the  identification  number  plate
affixed on a new dashboard that has been or will be installed
in the vehicle. The person must notify the Secretary of State
each  time  the original manufacturer's identification number
plate is reaffixed on a  vehicle.  The  person  must  keep  a
record   indicating  that  the  identification  number  plate
affixed on the new dashboard has been removed  and  has  been
replaced  by  the  manufacturer's identification number plate
originally affixed on the vehicle. The person also must  keep
a   record   regarding   the   status  and  location  of  the
identification number  plate  removed  from  the  replacement
dashboard.  The  Secretary shall adopt rules for implementing
this subsection (a-1).
    (a-2) The owner of a vehicle  repaired  under  subsection
(a-1)  must,  within  90  days  of  the  date of the repairs,
contact an officer  of  the  Illinois  State  Police  Vehicle
Inspection  Bureau  and  arrange  for  an  inspection  of the
vehicle, by the officer  or  the  officer's  designee,  at  a
mutually agreed upon date and location.
    (b)  The   inference   contained   in  paragraph  (1)  of
subsection (a) of Section 4-103 of this Code shall  apply  to
subsection (a) of this Section.
    (c)  A  person  convicted of violating this Section shall
be guilty of a Class 1 felony.
    (d)  The offenses set forth in  subsection  (a)  of  this
Section  shall  not include the offenses set forth in Section
4-103 of this Code.
(Source: P.A. 86-1209.)

    (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
    Sec. 4-107.  Stolen, converted, recovered  and  unclaimed
vehicles.
    (a)  Every  Sheriff,  Superintendent  of police, Chief of
police or other police  officer  in  command  of  any  Police
department  in any City, Village or Town of the State, shall,
by the fastest means of communications available to  his  law
enforcement  agency,  immediately report to the State Police,
in Springfield, Illinois, the theft or recovery of any stolen
or converted vehicle within  his  district  or  jurisdiction.
The  report  shall give the date of theft, description of the
vehicle including color, year of manufacture,  manufacturer's
trade  name,  manufacturer's series name, body style, vehicle
identification  number  and  license   registration   number,
including  the  state in which the license was issued and the
year of issuance, together with the name, residence  address,
business  address,  and  telephone  number of the owner.  The
report shall be routed by  the  originating  law  enforcement
agency through the State Police District in which such agency
is located.
    (b)  A  registered  owner  or a lienholder may report the
theft by conversion of a vehicle, to the State Police, or any
other police department or  Sheriff's  office.   Such  report
will be accepted as a report of theft and processed only if a
formal complaint is on file and a warrant issued.
    (c)  An  operator  of  a  place of business for garaging,
repairing, parking or storing vehicles  for  the  public,  in
which  a  vehicle remains unclaimed, after being left for the
purpose of garaging, repairing, parking  or  storage,  for  a
period  of 15 days, shall, within 5 days after the expiration
of that period,  report  the  vehicle  as  unclaimed  to  the
municipal  police  when  the  vehicle is within the corporate
limits of any City, Village  or  incorporated  Town,  or  the
County  Sheriff,  or State Police when the vehicle is outside
the corporate limits of a City, Village or incorporated Town.
This Section does not apply to any vehicle:
         (1)  removed  to  a  place  of  storage  by  a   law
    enforcement  agency  having  jurisdiction,  in accordance
    with Sections 4-201 and 4-203 of this Act; or
         (2)  left under a garaging, repairing,  parking,  or
    storage  order  signed  by  the  owner,  lessor, or other
    legally entitled person.
    Failure to comply with this Section will  result  in  the
forfeiture of storage fees for that vehicle involved.
    (d)  The State Police shall keep a complete record of all
reports filed under this Section of the Act.  Upon receipt of
such  report,  a careful search shall be made of the  records
of the office of the State Police, and where it is found that
a vehicle reported recovered was stolen in  a  County,  City,
Village  or Town other than the County, City, Village or Town
in which it is recovered, the State Police shall  immediately
notify  the  Sheriff,  Superintendent  of  police,  Chief  of
police,  or  other police officer in command of the Sheriff's
office or Police department of the County, City,  Village  or
Town  in  which  the  vehicle was originally reported stolen,
giving complete data as to the time and place of recovery.
    (e)  Notification of the theft or conversion of a vehicle
will be furnished to the Secretary  of  State  by  the  State
Police.   The  Secretary  of  State  shall  place  the proper
information   in   the   license   registration   and   title
registration files to indicate the theft or conversion  of  a
motor vehicle or other vehicle.  Notification of the recovery
of  a  vehicle previously reported as a theft or a conversion
will be furnished to the Secretary  of  State  by  the  State
Police.   The  Secretary  of  State  shall  remove the proper
information  from  the   license   registration   and   title
registration files that has previously indicated the theft or
conversion of a vehicle. The Secretary of State shall suspend
the  registration  of a vehicle upon receipt of a report from
the State Police that such vehicle was stolen or converted.
    (f)  When the Secretary of State receives an  application
for a certificate of title or an application for registration
of  a  vehicle  and  it is determined from the records of the
office of the Secretary of State that such vehicle  has  been
reported  stolen  or  converted, the Secretary of State shall
immediately notify the State Police and shall give the  State
Police  the name and address of the person or firm titling or
registering the vehicle, together with all other  information
contained  in  the  application  submitted  by such person or
firm.
    (g)  During the usual course of business the manufacturer
of any vehicle shall place an original manufacturer's vehicle
identification number on all such vehicles  manufactured  and
on  any  part  of  such  vehicles requiring an identification
number.
    (h)  Except  provided   in   subsection   (h-1),   if   a
manufacturer's  vehicle  identification  number is missing or
has been removed, changed or mutilated on any vehicle, or any
part of such vehicle requiring an identification number,  the
State  Police  shall  restore, restamp or reaffix the vehicle
identification number plate, or affix a new plate bearing the
original manufacturer's vehicle identification number on each
such vehicle and on all necessary parts of  the  vehicles.  A
vehicle   identification   number   so   affixed,   restored,
restamped, reaffixed or replaced is not falsified, altered or
forged within the meaning of this Act.
    (h-1)  A  person  engaged  in  the repair or servicing of
vehicles may reaffix a manufacturer's  identification  number
plate   on  the  same  damaged  vehicle  from  which  it  was
originally removed, if  the  person  reaffixes  the  original
manufacturer's  identification  number  plate in place of the
identification number plate affixed on a new  dashboard  that
has  been   installed  in the vehicle. The person must notify
the Secretary of State each time the original  manufacturer's
identification  number  plate  is reaffixed on a vehicle. The
person must keep a record indicating that the  identification
number  plate  affixed  on the new dashboard has been removed
and has been replaced by  the  manufacturer's  identification
number  plate  originally  affixed on the vehicle. The person
also must keep a record regarding the status and location  of
the  identification number plate removed from the replacement
dashboard. The Secretary shall adopt rules  for  implementing
this subsection (h-1).
    (h-2)  The  owner  of a vehicle repaired under subsection
(h-1) must, within 90  days  of  the  date  of  the  repairs,
contact  an  officer  of  the  Illinois  State Police Vehicle
Inspection Bureau  and  arrange  for  an  inspection  of  the
vehicle,  by  the  officer  or  the  officer's designee, at a
mutually agreed upon date and location.
    (i)  If a vehicle or part of any vehicle is found to have
the manufacturer's identification  number  removed,  altered,
defaced  or destroyed, the vehicle or part shall be seized by
any law enforcement agency having jurisdiction and  held  for
the  purpose  of  identification.   In  the  event  that  the
manufacturer's  identification  number  of  a vehicle or part
cannot be identified, the vehicle or part shall be considered
contraband, and no right  of  property  shall  exist  in  any
person  owning,  leasing  or possessing such property, unless
the person owning, leasing or possessing the vehicle or  part
acquired  such  without  knowledge  that  the  manufacturer's
vehicle  identification  number  has  been  removed, altered,
defaced, falsified or destroyed.
    Either the seizing law enforcement agency or the  State's
Attorney of the county where the seizure occurred may make an
application  for  an order of forfeiture to the circuit court
in the county of seizure.   The  application  for  forfeiture
shall  be independent from any prosecution arising out of the
seizure and is not subject to any final determination of such
prosecution.   The  circuit  court  shall  issue   an   order
forfeiting the property to the seizing law enforcement agency
if  the  court finds that the property did not at the time of
seizure possess a valid manufacturer's identification  number
and  that  the  original manufacturer's identification number
cannot be ascertained.  The seizing  law  enforcement  agency
may:
         (1) retain  the forfeited property for official use;
    or
         (2) sell the forfeited property and  distribute  the
    proceeds  in  accordance with Section 4-211 of this Code,
    or dispose of the forfeited property in  such  manner  as
    the law enforcement agency deems appropriate.
    (i-1)  If  a  motorcycle  is seized under subsection (i),
the motorcycle must be returned within 45 days of the date of
seizure to the person from whom it  was  seized,  unless  (i)
criminal  charges  are pending against that person or (ii) an
application for an order of forfeiture has been submitted  to
the  circuit  in  the  county of seizure or (iii) the circuit
court in the county of seizure has received from the  seizing
law  enforcement agency and has granted a petition to extend,
for a single 30 day period, the 45 days allowed for return of
the motorcycle.  Except as provided in  subsection  (i-2),  a
motorcycle  returned  to  the  person from whom it was seized
must be returned in essentially the same condition it was  in
at the time of seizure.
    (i-2)  If  any part or parts of a motorcycle seized under
subsection (i) are found to be stolen and  are  removed,  the
seizing law enforcement agency is not required to replace the
part  or  parts before returning the motorcycle to the person
from whom it was seized.
    (j)  The State Police shall notify the Secretary of State
each time a manufacturer's vehicle identification  number  is
affixed,  reaffixed,  restored  or  restamped on any vehicle.
The Secretary of State shall make the  necessary  changes  or
corrections in his records, after the proper applications and
fees have been submitted, if applicable.
    (k)  Any  vessel, vehicle or aircraft used with knowledge
and consent of the owner in the  commission  of,  or  in  the
attempt  to  commit as defined in Section 8-4 of the Criminal
Code of 1961, an offense prohibited by Section 4-103 of  this
Chapter, including transporting of a stolen vehicle or stolen
vehicle parts, shall be seized by any law enforcement agency.
The seizing law enforcement agency may:
         (1)  return the vehicle to its owner if such vehicle
    is stolen; or
         (2)  confiscate  the  vehicle  and retain it for any
    purpose  which   the   law   enforcement   agency   deems
    appropriate; or
         (3)  sell the vehicle at a public sale or dispose of
    the  vehicle  in such other manner as the law enforcement
    agency deems appropriate.
    If the vehicle is sold at public sale,  the  proceeds  of
the sale shall be paid to the law enforcement agency.
    The  law  enforcement  agency  shall  not retain, sell or
dispose of a vehicle under paragraphs  (2)  or  (3)  of  this
subsection  (k)  except upon an order of forfeiture issued by
the circuit court.  The circuit court may issue such order of
forfeiture upon application of the law enforcement agency  or
State's  Attorney  of  the  county  where the law enforcement
agency has jurisdiction, or in the case of the Department  of
State  Police  or the Secretary of State, upon application of
the Attorney General.
    The court shall issue the  order  if  the  owner  of  the
vehicle has been convicted of transporting stolen vehicles or
stolen  vehicle  parts  and the evidence establishes that the
owner's vehicle has been  used  in  the  commission  of  such
offense.
    The  provisions  of  subsection (k) of this Section shall
not apply to any vessel, vehicle or aircraft, which has  been
leased,  rented  or loaned by its owner, if the owner did not
have knowledge of and consent  to  the  use  of  the  vessel,
vehicle or aircraft in the commission of, or in an attempt to
commit,  an  offense  prohibited  by  Section  4-103  of this
Chapter.
(Source: P.A. 92-443, eff. 1-1-02.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.