093_HB3106eng HB3106 Engrossed LRB093 02479 DRH 02489 b 1 AN ACT in relation to 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 Sections 4-103, 4-103.2, and 4-107 as follows: 6 (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103) 7 Sec. 4-103. Offenses relating to motor vehicles and other 8 vehicles - Felonies. 9 (a) Except as provided in subsection (a-1), it is a 10 violation of this Chapter for: 11 (1) A person not entitled to the possession of a 12 vehicle or essential part of a vehicle to receive, 13 possess, conceal, sell, dispose, or transfer it, knowing 14 it to have been stolen or converted; additionally the 15 General Assembly finds that the acquisition and 16 disposition of vehicles and their essential parts are 17 strictly controlled by law and that such acquisitions and 18 dispositions are reflected by documents of title, uniform 19 invoices, rental contracts, leasing agreements and bills 20 of sale. It may be inferred, therefore that a person 21 exercising exclusive unexplained possession over a stolen 22 or converted vehicle or an essential part of a stolen or 23 converted vehicle has knowledge that such vehicle or 24 essential part is stolen or converted, regardless of 25 whether the date on which such vehicle or essential part 26 was stolen is recent or remote; 27 (2) A person to knowingly remove, alter, deface, 28 destroy, falsify, or forge a manufacturer's 29 identification number of a vehicle or an engine number of 30 a motor vehicle or any essential part thereof having an 31 identification number; HB3106 Engrossed -2- LRB093 02479 DRH 02489 b 1 (3) A person to knowingly conceal or misrepresent 2 the identity of a vehicle or any essential part thereof; 3 (4) A person to buy, receive, possess, sell or 4 dispose of a vehicle, or any essential part thereof, with 5 knowledge that the identification number of the vehicle 6 or any essential part thereof having an identification 7 number has been removed or falsified; 8 (5) A person to knowingly possess, buy, sell, 9 exchange, give away, or offer to buy, sell, exchange or 10 give away, any manufacturer's identification number 11 plate, mylar sticker, federal certificate label, State 12 police reassignment plate, Secretary of State assigned 13 plate, rosette rivet, or facsimile of such which has not 14 yet been attached to or has been removed from the 15 original or assigned vehicle. It is an affirmative 16 defense to subsection (a) of this Section that the person 17 possessing, buying, selling or exchanging a plate mylar 18 sticker or label described in this paragraph is a police 19 officer doing so as part of his official duties, or is a 20 manufacturer's authorized representative who is replacing 21 any manufacturer's identification number plate, mylar 22 sticker or Federal certificate label originally placed on 23 the vehicle by the manufacturer of the vehicle or any 24 essential part thereof; 25 (6) A person to knowingly make a false report of 26 the theft or conversion of a vehicle to any police 27 officer of this State or any employee of a law 28 enforcement agency of this State designated by the law 29 enforcement agency to take, receive, process, or record 30 reports of vehicle theft or conversion. 31 (a-1) A person engaged in the repair or servicing of 32 vehicles does not violate this Chapter by knowingly 33 possessing a manufacturer's identification number plate for 34 the purpose of reaffixing it on the same damaged vehicle from HB3106 Engrossed -3- LRB093 02479 DRH 02489 b 1 which it was originally taken, if the person reaffixes or 2 intends to reaffix the original manufacturer's identification 3 number plate in place of the identification number plate 4 affixed on a new dashboard that has been or will be installed 5 in the vehicle. The person must notify the Secretary of State 6 each time the original manufacturer's identification number 7 plate is reaffixed on a vehicle. The person must keep a 8 record indicating that the identification number plate 9 affixed on the new dashboard has been removed and has been 10 replaced by the manufacturer's identification number plate 11 originally affixed on the vehicle. The person also must keep 12 a record regarding the status and location of the 13 identification number plate removed from the replacement 14 dashboard. The Secretary shall adopt rules for implementing 15 this subsection (a-1). 16 (b) Sentence. A person convicted of a violation of this 17 Section shall be guilty of a Class 2 felony. 18 (c) The offenses set forth in subsection (a) of this 19 Section shall not include the offense set forth in Section 20 4-103.2 of this Code. 21 (Source: P.A. 90-89, eff. 1-1-98; 91-450, eff. 1-1-00.) 22 (625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2) 23 Sec. 4-103.2. Aggravated offenses relating to motor 24 vehicles and other vehicles-Felonies. 25 (a) Except as provided in subsection (a-1), it is a 26 violation of this Chapter for: 27 (1) a person not entitled to the possession of 3 or 28 more vehicles, 3 or more essential parts of different 29 vehicles, or a combination thereof, to receive, possess, 30 conceal, sell, dispose of or transfer, those vehicles or 31 parts of vehicles at the same time or within a one year 32 period knowing that these vehicles or parts of vehicles 33 are stolen or converted; HB3106 Engrossed -4- LRB093 02479 DRH 02489 b 1 (2) a person to buy, receive, possess, sell or 2 dispose of 3 or more vehicles, 3 or more essential parts 3 of different vehicles, or a combination thereof, at the 4 same time or within a one year period, knowing that the 5 identification numbers of the vehicles or the essential 6 parts with an identification number have been removed or 7 falsified; 8 (3) a person not entitled to the possession of a 9 vehicle having a value of $25,000 or greater to receive, 10 possess, conceal, sell, dispose or transfer the vehicle, 11 knowing that the vehicle has been stolen or converted; 12 (4) a person to knowingly possess, buy, sell, 13 exchange or give away, at the same time or within a one 14 year period, 3 or more manufacturer's identification 15 number plates, mylar stickers, federal certificate 16 labels, State Police reassignment plates, Secretary of 17 State assigned plates or a facsimile of those items, or a 18 combination thereof, which have not yet been attached to 19 or have been removed from an original or assigned vehicle 20 or essential part of a vehicle. It is an affirmative 21 defense that the person possessing, buying, selling or 22 exchanging a plate, mylar sticker or label is a police 23 officer doing so as part of his official duties, or is a 24 manufacturer's authorized representative who is replacing 25 any manufacturer's identification number plate, mylar 26 sticker or federal certificate label originally placed on 27 a vehicle by the manufacturer of a vehicle or any 28 essential part of a vehicle; 29 (5) a person not entitled to the possession of any 30 second division vehicle, semitrailer, farm tractor, tow 31 truck, rescue squad vehicle, medical transport vehicle, 32 fire engine, special mobile equipment, dump truck, truck 33 mounted transit mixer, crane or the engine, transmission, 34 cab, cab clip or vehicle cowl of any of the above HB3106 Engrossed -5- LRB093 02479 DRH 02489 b 1 vehicles, to receive, possess, conceal, sell, dispose of 2 or transfer the vehicle or vehicle part described in this 3 paragraph knowing it is stolen or converted; 4 (6) a person not entitled to the possession of a 5 vehicle which is owned or operated by a law enforcement 6 agency to receive, possess, conceal, sell, or dispose of 7 or transfer such vehicle knowing it is the property of a 8 law enforcement agency and knowing it to be stolen or 9 converted; 10 (7) a person: 11 (A) who is the driver or operator of a vehicle 12 and is not entitled to the possession of that 13 vehicle and who knows the vehicle is stolen or 14 converted, or 15 (B) who is the driver or operator of a vehicle 16 being used to transport or haul a vehicle or 17 essential part of a vehicle and is not entitled to 18 the possession of that vehicle or essential part 19 being transported or hauled and who knows the 20 transported or hauled vehicle or essential part is 21 stolen or converted, 22 who has been given a signal by a peace officer directing 23 him to bring the vehicle to a stop, to willfully fail or 24 refuse to obey such direction, increase his speed, 25 extinguish his lights or otherwise flee or attempt to 26 elude the officer. The signal given by the peace officer 27 may be by hand, voice, siren, or red or blue light. The 28 officer giving the signal, if driving a vehicle, shall 29 display the vehicle's illuminated, oscillating, rotating 30 or flashing red or blue lights, which when used in 31 conjunction with an audible horn or siren would indicate 32 that the vehicle is an official police vehicle. Such 33 requirement shall not preclude the use of amber or white 34 oscillating, rotating or flashing lights in conjunction HB3106 Engrossed -6- LRB093 02479 DRH 02489 b 1 with red or blue oscillating, rotating or flashing lights 2 as required in Section 12-215 of this Code; or 3 (8) a person, at the same time or within a one year 4 period, to make a false report of the theft or conversion 5 of 3 or more vehicles to any police officer or police 6 officers of this State. 7 (a-1) A person engaged in the repair or servicing of 8 vehicles does not violate this Chapter by knowingly 9 possessing a manufacturer's identification number plate for 10 the purpose of reaffixing it on the same damaged vehicle from 11 which it was originally taken, if the person reaffixes or 12 intends to reaffix the original manufacturer's identification 13 number plate in place of the identification number plate 14 affixed on a new dashboard that has been or will be installed 15 in the vehicle. The person must notify the Secretary of State 16 each time the original manufacturer's identification number 17 plate is reaffixed on a vehicle. The person must keep a 18 record indicating that the identification number plate 19 affixed on the new dashboard has been removed and has been 20 replaced by the manufacturer's identification number plate 21 originally affixed on the vehicle. The person also must keep 22 a record regarding the status and location of the 23 identification number plate removed from the replacement 24 dashboard. The Secretary shall adopt rules for implementing 25 this subsection (a-1). 26 (b) The inference contained in paragraph (1) of 27 subsection (a) of Section 4-103 of this Code shall apply to 28 subsection (a) of this Section. 29 (c) A person convicted of violating this Section shall 30 be guilty of a Class 1 felony. 31 (d) The offenses set forth in subsection (a) of this 32 Section shall not include the offenses set forth in Section 33 4-103 of this Code. 34 (Source: P.A. 86-1209.) HB3106 Engrossed -7- LRB093 02479 DRH 02489 b 1 (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107) 2 Sec. 4-107. Stolen, converted, recovered and unclaimed 3 vehicles. 4 (a) Every Sheriff, Superintendent of police, Chief of 5 police or other police officer in command of any Police 6 department in any City, Village or Town of the State, shall, 7 by the fastest means of communications available to his law 8 enforcement agency, immediately report to the State Police, 9 in Springfield, Illinois, the theft or recovery of any stolen 10 or converted vehicle within his district or jurisdiction. 11 The report shall give the date of theft, description of the 12 vehicle including color, year of manufacture, manufacturer's 13 trade name, manufacturer's series name, body style, vehicle 14 identification number and license registration number, 15 including the state in which the license was issued and the 16 year of issuance, together with the name, residence address, 17 business address, and telephone number of the owner. The 18 report shall be routed by the originating law enforcement 19 agency through the State Police District in which such agency 20 is located. 21 (b) A registered owner or a lienholder may report the 22 theft by conversion of a vehicle, to the State Police, or any 23 other police department or Sheriff's office. Such report 24 will be accepted as a report of theft and processed only if a 25 formal complaint is on file and a warrant issued. 26 (c) An operator of a place of business for garaging, 27 repairing, parking or storing vehicles for the public, in 28 which a vehicle remains unclaimed, after being left for the 29 purpose of garaging, repairing, parking or storage, for a 30 period of 15 days, shall, within 5 days after the expiration 31 of that period, report the vehicle as unclaimed to the 32 municipal police when the vehicle is within the corporate 33 limits of any City, Village or incorporated Town, or the 34 County Sheriff, or State Police when the vehicle is outside HB3106 Engrossed -8- LRB093 02479 DRH 02489 b 1 the corporate limits of a City, Village or incorporated Town. 2 This Section does not apply to any vehicle: 3 (1) removed to a place of storage by a law 4 enforcement agency having jurisdiction, in accordance 5 with Sections 4-201 and 4-203 of this Act; or 6 (2) left under a garaging, repairing, parking, or 7 storage order signed by the owner, lessor, or other 8 legally entitled person. 9 Failure to comply with this Section will result in the 10 forfeiture of storage fees for that vehicle involved. 11 (d) The State Police shall keep a complete record of all 12 reports filed under this Section of the Act. Upon receipt of 13 such report, a careful search shall be made of the records 14 of the office of the State Police, and where it is found that 15 a vehicle reported recovered was stolen in a County, City, 16 Village or Town other than the County, City, Village or Town 17 in which it is recovered, the State Police shall immediately 18 notify the Sheriff, Superintendent of police, Chief of 19 police, or other police officer in command of the Sheriff's 20 office or Police department of the County, City, Village or 21 Town in which the vehicle was originally reported stolen, 22 giving complete data as to the time and place of recovery. 23 (e) Notification of the theft or conversion of a vehicle 24 will be furnished to the Secretary of State by the State 25 Police. The Secretary of State shall place the proper 26 information in the license registration and title 27 registration files to indicate the theft or conversion of a 28 motor vehicle or other vehicle. Notification of the recovery 29 of a vehicle previously reported as a theft or a conversion 30 will be furnished to the Secretary of State by the State 31 Police. The Secretary of State shall remove the proper 32 information from the license registration and title 33 registration files that has previously indicated the theft or 34 conversion of a vehicle. The Secretary of State shall suspend HB3106 Engrossed -9- LRB093 02479 DRH 02489 b 1 the registration of a vehicle upon receipt of a report from 2 the State Police that such vehicle was stolen or converted. 3 (f) When the Secretary of State receives an application 4 for a certificate of title or an application for registration 5 of a vehicle and it is determined from the records of the 6 office of the Secretary of State that such vehicle has been 7 reported stolen or converted, the Secretary of State shall 8 immediately notify the State Police and shall give the State 9 Police the name and address of the person or firm titling or 10 registering the vehicle, together with all other information 11 contained in the application submitted by such person or 12 firm. 13 (g) During the usual course of business the manufacturer 14 of any vehicle shall place an original manufacturer's vehicle 15 identification number on all such vehicles manufactured and 16 on any part of such vehicles requiring an identification 17 number. 18 (h) Except provided in subsection (h-1), if a 19 manufacturer's vehicle identification number is missing or 20 has been removed, changed or mutilated on any vehicle, or any 21 part of such vehicle requiring an identification number, the 22 State Police shall restore, restamp or reaffix the vehicle 23 identification number plate, or affix a new plate bearing the 24 original manufacturer's vehicle identification number on each 25 such vehicle and on all necessary parts of the vehicles. A 26 vehicle identification number so affixed, restored, 27 restamped, reaffixed or replaced is not falsified, altered or 28 forged within the meaning of this Act. 29 (h-1) A person engaged in the repair or servicing of 30 vehicles may reaffix a manufacturer's identification number 31 plate on the same damaged vehicle from which it was 32 originally removed, if the person reaffixes the original 33 manufacturer's identification number plate in place of the 34 identification number plate affixed on a new dashboard that HB3106 Engrossed -10- LRB093 02479 DRH 02489 b 1 has been installed in the vehicle. The person must notify 2 the Secretary of State each time the original manufacturer's 3 identification number plate is reaffixed on a vehicle. The 4 person must keep a record indicating that the identification 5 number plate affixed on the new dashboard has been removed 6 and has been replaced by the manufacturer's identification 7 number plate originally affixed on the vehicle. The person 8 also must keep a record regarding the status and location of 9 the identification number plate removed from the replacement 10 dashboard. The Secretary shall adopt rules for implementing 11 this subsection (h-1). 12 (i) If a vehicle or part of any vehicle is found to have 13 the manufacturer's identification number removed, altered, 14 defaced or destroyed, the vehicle or part shall be seized by 15 any law enforcement agency having jurisdiction and held for 16 the purpose of identification. In the event that the 17 manufacturer's identification number of a vehicle or part 18 cannot be identified, the vehicle or part shall be considered 19 contraband, and no right of property shall exist in any 20 person owning, leasing or possessing such property, unless 21 the person owning, leasing or possessing the vehicle or part 22 acquired such without knowledge that the manufacturer's 23 vehicle identification number has been removed, altered, 24 defaced, falsified or destroyed. 25 Either the seizing law enforcement agency or the State's 26 Attorney of the county where the seizure occurred may make an 27 application for an order of forfeiture to the circuit court 28 in the county of seizure. The application for forfeiture 29 shall be independent from any prosecution arising out of the 30 seizure and is not subject to any final determination of such 31 prosecution. The circuit court shall issue an order 32 forfeiting the property to the seizing law enforcement agency 33 if the court finds that the property did not at the time of 34 seizure possess a valid manufacturer's identification number HB3106 Engrossed -11- LRB093 02479 DRH 02489 b 1 and that the original manufacturer's identification number 2 cannot be ascertained. The seizing law enforcement agency 3 may: 4 (1) retain the forfeited property for official use; 5 or 6 (2) sell the forfeited property and distribute the 7 proceeds in accordance with Section 4-211 of this Code, 8 or dispose of the forfeited property in such manner as 9 the law enforcement agency deems appropriate. 10 (i-1) If a motorcycle is seized under subsection (i), 11 the motorcycle must be returned within 45 days of the date of 12 seizure to the person from whom it was seized, unless (i) 13 criminal charges are pending against that person or (ii) an 14 application for an order of forfeiture has been submitted to 15 the circuit in the county of seizure or (iii) the circuit 16 court in the county of seizure has received from the seizing 17 law enforcement agency and has granted a petition to extend, 18 for a single 30 day period, the 45 days allowed for return of 19 the motorcycle. Except as provided in subsection (i-2), a 20 motorcycle returned to the person from whom it was seized 21 must be returned in essentially the same condition it was in 22 at the time of seizure. 23 (i-2) If any part or parts of a motorcycle seized under 24 subsection (i) are found to be stolen and are removed, the 25 seizing law enforcement agency is not required to replace the 26 part or parts before returning the motorcycle to the person 27 from whom it was seized. 28 (j) The State Police shall notify the Secretary of State 29 each time a manufacturer's vehicle identification number is 30 affixed, reaffixed, restored or restamped on any vehicle. 31 The Secretary of State shall make the necessary changes or 32 corrections in his records, after the proper applications and 33 fees have been submitted, if applicable. 34 (k) Any vessel, vehicle or aircraft used with knowledge HB3106 Engrossed -12- LRB093 02479 DRH 02489 b 1 and consent of the owner in the commission of, or in the 2 attempt to commit as defined in Section 8-4 of the Criminal 3 Code of 1961, an offense prohibited by Section 4-103 of this 4 Chapter, including transporting of a stolen vehicle or stolen 5 vehicle parts, shall be seized by any law enforcement agency. 6 The seizing law enforcement agency may: 7 (1) return the vehicle to its owner if such vehicle 8 is stolen; or 9 (2) confiscate the vehicle and retain it for any 10 purpose which the law enforcement agency deems 11 appropriate; or 12 (3) sell the vehicle at a public sale or dispose of 13 the vehicle in such other manner as the law enforcement 14 agency deems appropriate. 15 If the vehicle is sold at public sale, the proceeds of 16 the sale shall be paid to the law enforcement agency. 17 The law enforcement agency shall not retain, sell or 18 dispose of a vehicle under paragraphs (2) or (3) of this 19 subsection (k) except upon an order of forfeiture issued by 20 the circuit court. The circuit court may issue such order of 21 forfeiture upon application of the law enforcement agency or 22 State's Attorney of the county where the law enforcement 23 agency has jurisdiction, or in the case of the Department of 24 State Police or the Secretary of State, upon application of 25 the Attorney General. 26 The court shall issue the order if the owner of the 27 vehicle has been convicted of transporting stolen vehicles or 28 stolen vehicle parts and the evidence establishes that the 29 owner's vehicle has been used in the commission of such 30 offense. 31 The provisions of subsection (k) of this Section shall 32 not apply to any vessel, vehicle or aircraft, which has been 33 leased, rented or loaned by its owner, if the owner did not 34 have knowledge of and consent to the use of the vessel, HB3106 Engrossed -13- LRB093 02479 DRH 02489 b 1 vehicle or aircraft in the commission of, or in an attempt to 2 commit, an offense prohibited by Section 4-103 of this 3 Chapter. 4 (Source: P.A. 92-443, eff. 1-1-02.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.