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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 changing | ||||||||||||||||||||||||||||||||||
5 | Sections 3-104, 3-302, and 4-107 and by adding Sections | ||||||||||||||||||||||||||||||||||
6 | 3-102.1, 5-106.1, and 5-601.1 as follows: | ||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/3-102.1 new)
| ||||||||||||||||||||||||||||||||||
8 | Sec. 3-102.1. Purchase of vehicles by specified offenders | ||||||||||||||||||||||||||||||||||
9 | prohibited. | ||||||||||||||||||||||||||||||||||
10 | (a) A person may not purchase a motor vehicle while that | ||||||||||||||||||||||||||||||||||
11 | person's driving privileges are suspended or revoked as result | ||||||||||||||||||||||||||||||||||
12 | of a conviction for violating Section 9-3 of the Criminal Code | ||||||||||||||||||||||||||||||||||
13 | of 1961 relating to the offense of reckless homicide, or a | ||||||||||||||||||||||||||||||||||
14 | conviction for violating Section 11-501 of this Code or a | ||||||||||||||||||||||||||||||||||
15 | similar provision of a local ordinance, or have been suspended | ||||||||||||||||||||||||||||||||||
16 | in accordance with a statutory summary suspension as authorized | ||||||||||||||||||||||||||||||||||
17 | by Section 11-501.1 of this Code, unless the purchaser has been | ||||||||||||||||||||||||||||||||||
18 | issued a driving permit as authorized by this Code that is in | ||||||||||||||||||||||||||||||||||
19 | effect at the time of the purchase.
| ||||||||||||||||||||||||||||||||||
20 | (b) Violation of this Section is a Class C misdemeanor.
| ||||||||||||||||||||||||||||||||||
21 | (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
| ||||||||||||||||||||||||||||||||||
22 | Sec. 3-104. Application for certificate of title.
| ||||||||||||||||||||||||||||||||||
23 | (a) The application for a certificate of title for a | ||||||||||||||||||||||||||||||||||
24 | vehicle in this
State must be made by the owner to the | ||||||||||||||||||||||||||||||||||
25 | Secretary of State on the form
prescribed and must contain:
| ||||||||||||||||||||||||||||||||||
26 | 1. The name, Illinois residence and mail address of the | ||||||||||||||||||||||||||||||||||
27 | owner , and the drivers license number of the owner if the | ||||||||||||||||||||||||||||||||||
28 | owner has previously been issued a driver's license ;
| ||||||||||||||||||||||||||||||||||
29 | 2. A description of the vehicle including, so far as | ||||||||||||||||||||||||||||||||||
30 | the following
data exists: Its make, year-model, | ||||||||||||||||||||||||||||||||||
31 | identifying number, type of body,
whether new or used, as |
| |||||||
|
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1 | to house trailers as
defined in Section 1-128 of this Code, | ||||||
2 | the square footage of the house
trailer based upon the | ||||||
3 | outside dimensions of the house trailer excluding
the | ||||||
4 | length of the tongue and hitch, and, as to vehicles of the
| ||||||
5 | second division, whether for-hire, not-for-hire, or both | ||||||
6 | for-hire and
not-for-hire;
| ||||||
7 | 3. The date of purchase by applicant and, if | ||||||
8 | applicable, the name and
address of the person from whom | ||||||
9 | the vehicle was acquired and the names and
addresses of any | ||||||
10 | lienholders in the order of their priority and signatures | ||||||
11 | of
owners;
| ||||||
12 | 4. The current odometer reading at the time of transfer | ||||||
13 | and that the
stated odometer reading is one of the | ||||||
14 | following: actual mileage, not
the actual mileage or | ||||||
15 | mileage is in excess of its mechanical limits; and
| ||||||
16 | 4.1. A certification that, at the time of the | ||||||
17 | application for title, the owner's driving privileges are | ||||||
18 | not suspended or revoked as result of a conviction for | ||||||
19 | violating Section 9-3 of the Criminal Code of 1961 relating | ||||||
20 | to the offense of reckless homicide, or a conviction for | ||||||
21 | violating Section 11-501 of this Code or a similar | ||||||
22 | provision of a local ordinance, or suspended pursuant to a | ||||||
23 | statutory summary suspension as authorized by Section | ||||||
24 | 11-501.1 of this Code or, if the owner's driving privileges | ||||||
25 | have been suspended or revoked, that the owner has been | ||||||
26 | issued a driving permit as authorized by this Code that is | ||||||
27 | in effect at the time of the application for title; and
| ||||||
28 | 5. Any further information the Secretary of State | ||||||
29 | reasonably
requires to identify the vehicle and to enable | ||||||
30 | him to determine whether
the owner is entitled to a | ||||||
31 | certificate of title and the existence or
nonexistence of | ||||||
32 | security interests in the vehicle.
| ||||||
33 | (b) If the application refers to a vehicle purchased from a | ||||||
34 | dealer,
it must also be signed by the dealer as well as the | ||||||
35 | owner, and the dealer must
promptly mail or deliver the | ||||||
36 | application and required documents to the
Secretary of State.
|
| |||||||
|
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1 | (c) If the application refers to a vehicle last previously
| ||||||
2 | registered in another State or country, the application must | ||||||
3 | contain or
be accompanied by:
| ||||||
4 | 1. Any certified document of ownership so recognized | ||||||
5 | and issued by
the other State or country and acceptable to | ||||||
6 | the Secretary of State, and
| ||||||
7 | 2. Any other information and documents the Secretary of | ||||||
8 | State
reasonably requires to establish the ownership of the | ||||||
9 | vehicle and the
existence or nonexistence of security | ||||||
10 | interests in it.
| ||||||
11 | (d) If the application refers to a new vehicle it must be
| ||||||
12 | accompanied by the Manufacturer's Statement of Origin, or other | ||||||
13 | documents
as required and acceptable by the Secretary of State, | ||||||
14 | with such
assignments as may be necessary to show title in the | ||||||
15 | applicant.
| ||||||
16 | (e) If an application refers to a vehicle rebuilt from a | ||||||
17 | vehicle
previously salvaged, that application shall comply | ||||||
18 | with the provisions
set forth in Sections 3-302 through 3-304 | ||||||
19 | of this Code.
| ||||||
20 | (f) An application for a certificate of title for any | ||||||
21 | vehicle,
whether purchased in Illinois or outside Illinois, and | ||||||
22 | even if
previously registered in another State, must be | ||||||
23 | accompanied by either an
exemption determination from the | ||||||
24 | Department of Revenue showing that no
tax imposed pursuant to | ||||||
25 | the Use Tax Act or the vehicle use tax imposed by
Section | ||||||
26 | 3-1001 of the Illinois Vehicle Code is owed by anyone with | ||||||
27 | respect to
that vehicle, or a receipt from the Department of | ||||||
28 | Revenue showing that any tax
so imposed has been paid. An | ||||||
29 | application for a certificate of title for any
vehicle | ||||||
30 | purchased outside Illinois, even if previously registered in | ||||||
31 | another
state, must be accompanied by either an exemption | ||||||
32 | determination from the
Department of Revenue showing that no | ||||||
33 | tax imposed pursuant to the Municipal Use
Tax Act or the County | ||||||
34 | Use Tax Act is owed by anyone with respect to that
vehicle, or | ||||||
35 | a receipt from the Department of Revenue showing that any tax | ||||||
36 | so
imposed has been paid. In the absence of such a receipt for |
| |||||||
|
|||||||
1 | payment or
determination of exemption from the Department, no | ||||||
2 | certificate of title shall
be issued to the applicant.
| ||||||
3 | If the proof of payment of the tax or of nonliability | ||||||
4 | therefor is,
after the issuance of the certificate of title and | ||||||
5 | display certificate
of title, found to be invalid, the | ||||||
6 | Secretary of State shall revoke the
certificate and require | ||||||
7 | that the certificate of title and, when
applicable, the display | ||||||
8 | certificate of title be returned to him.
| ||||||
9 | (g) If the application refers to a vehicle not manufactured | ||||||
10 | in
accordance with federal safety and emission standards, the | ||||||
11 | application must
be accompanied by all documents required by | ||||||
12 | federal governmental
agencies to meet their standards before a | ||||||
13 | vehicle is allowed to be issued
title and registration.
| ||||||
14 | (h) If the application refers to a vehicle sold at public | ||||||
15 | sale by a
sheriff, it must be accompanied by the required fee | ||||||
16 | and a bill of sale
issued and signed by a sheriff. The bill of | ||||||
17 | sale must identify the new
owner's name and address, the year | ||||||
18 | model, make and vehicle identification
number of the vehicle, | ||||||
19 | court order document number authorizing such sale,
if | ||||||
20 | applicable, and the name and address of any lienholders in | ||||||
21 | order of
priority, if applicable.
| ||||||
22 | (i) If the application refers to a vehicle for which a | ||||||
23 | court of law
determined the ownership, it must be accompanied | ||||||
24 | with a certified copy of
such court order and the required fee. | ||||||
25 | The court order must indicate the
new owner's name and address, | ||||||
26 | the complete description of the vehicle, if
known, the name and | ||||||
27 | address of the lienholder, if any, and must be signed
and dated | ||||||
28 | by the judge issuing such order.
| ||||||
29 | (j) If the application refers to a vehicle sold at public | ||||||
30 | auction pursuant
to the Labor and Storage Lien (Small Amount) | ||||||
31 | Act, it must be
accompanied by an affidavit or affirmation | ||||||
32 | furnished by the Secretary of
State along with the
documents | ||||||
33 | described in the affidavit or affirmation and the required fee.
| ||||||
34 | (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; | ||||||
35 | 90-655, eff.
7-30-98.)
|
| |||||||
|
|||||||
1 | (625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
| ||||||
2 | Sec. 3-302. Application for title; contents. Every | ||||||
3 | application for
a certificate of title for a rebuilt vehicle | ||||||
4 | shall be made upon a form
prescribed by the Secretary of State, | ||||||
5 | and shall include the following:
| ||||||
6 | 1. The name, residence and mailing address of the | ||||||
7 | owner , and the driver's license number of the owner if the | ||||||
8 | owner has been previously issued a driver's license ;
| ||||||
9 | 2. A description of the vehicle including, so far as | ||||||
10 | the following data
exists: its make, year-model, | ||||||
11 | identifying number, type of body, whether
new or used, and | ||||||
12 | as to vehicles of the second division, whether for-hire,
| ||||||
13 | not-for-hire, or both for-hire and not-for-hire;
| ||||||
14 | 3. The date of purchase by applicant, the name and | ||||||
15 | address of the person
from whom the vehicle was acquired | ||||||
16 | and the names and addresses of any
lienholders in the order | ||||||
17 | of their priority;
| ||||||
18 | 4.1. A certification that at the time of the | ||||||
19 | application for title the owner's driving privileges are | ||||||
20 | not suspended or revoked pursuant to a conviction for | ||||||
21 | violating Section 9-3 of the Criminal Code of 1961 relating | ||||||
22 | to the offense of reckless homicide, or a conviction for | ||||||
23 | violating Section 11-501 of this Code or a similar | ||||||
24 | provision of a local ordinance, or suspended pursuant to a | ||||||
25 | statutory summary suspension as authorized by Section | ||||||
26 | 11-501.1 of this Code or, if the owner's driving privileges | ||||||
27 | have been suspended or revoked, that the owner has been | ||||||
28 | issued a driving permit as authorized by this Code that is | ||||||
29 | in effect at the time of the application for title; and
| ||||||
30 | 4. The current odometer reading at the time of transfer | ||||||
31 | and that the
stated odometer reading is one of the | ||||||
32 | following: actual mileage, not the
actual mileage or | ||||||
33 | mileage is in excess of its mechanical limits; and
| ||||||
34 | 5. Any further information the Secretary of State | ||||||
35 | reasonably requires
to identify the vehicle and to enable | ||||||
36 | him to determine whether the owner
is entitled to a |
| |||||||
|
|||||||
1 | certificate of title and the existence or nonexistence of
| ||||||
2 | security interests in the vehicle.
| ||||||
3 | (Source: P.A. 92-651, eff. 7-11-02.)
| ||||||
4 | (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
| ||||||
5 | Sec. 4-107. Stolen, converted, recovered and unclaimed | ||||||
6 | vehicles.
| ||||||
7 | (a) Every Sheriff, Superintendent of police, Chief of | ||||||
8 | police or other police
officer in command of any Police | ||||||
9 | department in any City, Village or Town of
the State, shall, by | ||||||
10 | the fastest means of communications available to his law
| ||||||
11 | enforcement agency, immediately report to the State Police, in | ||||||
12 | Springfield,
Illinois, the theft or recovery of any stolen or | ||||||
13 | converted vehicle within
his district or jurisdiction. The | ||||||
14 | report shall give the date of theft,
description of the vehicle | ||||||
15 | including color, year of manufacture,
manufacturer's trade | ||||||
16 | name, manufacturer's series name, body style, vehicle
| ||||||
17 | identification number and license registration number, | ||||||
18 | including the state
in which the license was issued and the | ||||||
19 | year of issuance, together with the
name, residence address, | ||||||
20 | business address, and telephone number of the
owner. The report | ||||||
21 | shall be routed by the originating law enforcement
agency | ||||||
22 | through the State Police District in which such agency is | ||||||
23 | located.
| ||||||
24 | (b) A registered owner or a lienholder may report the theft | ||||||
25 | by
conversion of a vehicle, to the State Police, or any other | ||||||
26 | police
department or Sheriff's office. Such report will be | ||||||
27 | accepted as a report
of theft and processed only if a formal | ||||||
28 | complaint is on file and a warrant
issued.
| ||||||
29 | (c) An operator of a place of business for garaging, | ||||||
30 | repairing, parking
or storing vehicles for the public, in which | ||||||
31 | a vehicle remains unclaimed,
after being left for the purpose | ||||||
32 | of garaging, repairing, parking or storage,
for a period of 15 | ||||||
33 | days, shall, within 5 days after the expiration of that
period, | ||||||
34 | report the vehicle as unclaimed to the municipal police
when | ||||||
35 | the vehicle is within the corporate limits of any City, Village |
| |||||||
|
|||||||
1 | or
incorporated Town, or the County Sheriff, or State Police | ||||||
2 | when the vehicle
is outside the corporate limits of a City, | ||||||
3 | Village or incorporated Town. This
Section does not apply to | ||||||
4 | any vehicle:
| ||||||
5 | (1) removed to a place of storage by a law
enforcement | ||||||
6 | agency having jurisdiction, in accordance with Sections | ||||||
7 | 4-201 and
4-203 of this Act; or
| ||||||
8 | (2) left under a garaging, repairing, parking, or | ||||||
9 | storage order
signed by the owner, lessor, or other legally | ||||||
10 | entitled person.
| ||||||
11 | Failure to comply with this Section will result in the
| ||||||
12 | forfeiture of storage fees for that vehicle involved.
| ||||||
13 | (d) The State Police shall keep a complete record of all | ||||||
14 | reports filed
under this Section of the Act. Upon receipt of | ||||||
15 | such report, a careful
search shall be made of the records of | ||||||
16 | the office of the State Police,
and where it is found that a | ||||||
17 | vehicle reported recovered was stolen in a
County, City, | ||||||
18 | Village or Town other than the County, City, Village or
Town in | ||||||
19 | which it is recovered, the State Police shall immediately
| ||||||
20 | notify the Sheriff, Superintendent of police, Chief of police, | ||||||
21 | or other
police officer in command of the Sheriff's office or | ||||||
22 | Police
department of the County, City, Village or Town in which | ||||||
23 | the vehicle
was originally reported stolen, giving complete | ||||||
24 | data as to the time
and place of recovery.
| ||||||
25 | (e) Notification of the theft or conversion of a vehicle | ||||||
26 | will be
furnished to the Secretary of State by the State | ||||||
27 | Police. The Secretary
of State shall place the proper | ||||||
28 | information in the license registration and
title registration | ||||||
29 | files to indicate the theft or conversion of a motor
vehicle or | ||||||
30 | other vehicle. Notification of the recovery of a vehicle
| ||||||
31 | previously reported as a theft or a conversion will be | ||||||
32 | furnished to the
Secretary of State by the State Police. The | ||||||
33 | Secretary of State shall remove
the proper information from the | ||||||
34 | license registration and title registration
files that has | ||||||
35 | previously indicated the theft or conversion of a vehicle.
The | ||||||
36 | Secretary of State shall suspend the registration of a vehicle |
| |||||||
|
|||||||
1 | upon
receipt of a report from the State Police that such | ||||||
2 | vehicle was stolen or
converted.
| ||||||
3 | (f) When the Secretary of State receives an application for | ||||||
4 | a certificate
of title or an application for registration of a | ||||||
5 | vehicle and it is determined
from the records of the office of | ||||||
6 | the Secretary of State that such vehicle
has been reported | ||||||
7 | stolen or converted, the Secretary of State shall immediately
| ||||||
8 | notify the State Police and shall give the State Police the | ||||||
9 | name and address
of the person or firm titling or registering | ||||||
10 | the vehicle, together with all
other information contained in | ||||||
11 | the application submitted by such person or
firm.
| ||||||
12 | (g) During the usual course of business the manufacturer of | ||||||
13 | any
vehicle shall place an original manufacturer's vehicle | ||||||
14 | identification
number on all such vehicles manufactured and on | ||||||
15 | any part of such
vehicles requiring an identification number.
| ||||||
16 | (h) Except provided in subsection (h-1), if a | ||||||
17 | manufacturer's vehicle
identification number is missing
or has | ||||||
18 | been removed, changed or mutilated on any vehicle, or any
part | ||||||
19 | of such vehicle requiring an identification number, the State | ||||||
20 | Police
shall restore, restamp or reaffix the vehicle | ||||||
21 | identification number plate,
or affix a new plate bearing the | ||||||
22 | original manufacturer's vehicle
identification number on each | ||||||
23 | such vehicle and on all necessary parts of
the vehicles.
A | ||||||
24 | vehicle identification number so
affixed, restored,
restamped, | ||||||
25 | reaffixed or replaced is not falsified, altered or forged
| ||||||
26 | within the meaning of this Act.
| ||||||
27 | (h-1) A person engaged in the repair or servicing of | ||||||
28 | vehicles may reaffix
a
manufacturer's identification number | ||||||
29 | plate on the same damaged vehicle from
which it
was originally | ||||||
30 | removed, if the person reaffixes the original manufacturer's
| ||||||
31 | identification
number plate in place of the identification | ||||||
32 | number plate affixed on a new
dashboard that
has been installed | ||||||
33 | in the vehicle. The person must notify the Secretary of
State | ||||||
34 | each time
the original manufacturer's identification number | ||||||
35 | plate is reaffixed on a
vehicle. The
person must keep a record | ||||||
36 | indicating that the identification number plate
affixed on the
|
| |||||||
|
|||||||
1 | new dashboard has been removed and has been replaced by the | ||||||
2 | manufacturer's
identification number plate originally affixed | ||||||
3 | on the vehicle. The person also
must keep a
record regarding | ||||||
4 | the status and location of the identification number plate
| ||||||
5 | removed from
the replacement dashboard.
The Secretary shall | ||||||
6 | adopt rules for implementing this subsection (h-1).
| ||||||
7 | (h-2) The owner of a vehicle repaired under subsection | ||||||
8 | (h-1) must,
within 90 days of the date of the repairs, contact | ||||||
9 | an officer of the Illinois
State Police Vehicle Inspection | ||||||
10 | Bureau and arrange for an inspection of the
vehicle, by the | ||||||
11 | officer or the officer's designee, at a mutually agreed upon
| ||||||
12 | date and location.
| ||||||
13 | (i) If a vehicle or part of any vehicle is found to
have | ||||||
14 | the manufacturer's identification number removed, altered, | ||||||
15 | defaced or
destroyed, the vehicle or part shall be seized by | ||||||
16 | any law enforcement
agency having jurisdiction and held for the | ||||||
17 | purpose of identification. In the
event that the manufacturer's | ||||||
18 | identification number of a vehicle or part
cannot be | ||||||
19 | identified, the vehicle or part shall be considered contraband, | ||||||
20 | and
no right of property shall exist in any person owning, | ||||||
21 | leasing or possessing
such property, unless the person owning, | ||||||
22 | leasing or possessing the
vehicle or part acquired such without | ||||||
23 | knowledge that the manufacturer's
vehicle identification | ||||||
24 | number has been removed, altered, defaced, falsified
or | ||||||
25 | destroyed.
| ||||||
26 | Either the seizing law enforcement agency or the State's | ||||||
27 | Attorney of
the county where the seizure occurred may make an | ||||||
28 | application for an order
of forfeiture to the circuit court in | ||||||
29 | the county of seizure. The
application for forfeiture shall be | ||||||
30 | independent from any prosecution
arising out of the seizure and | ||||||
31 | is not subject to any final determination of
such prosecution. | ||||||
32 | The circuit court shall issue an order forfeiting the
property | ||||||
33 | to the seizing law enforcement agency if the court finds that | ||||||
34 | the
property did not at the time of seizure possess a valid | ||||||
35 | manufacturer's
identification number and that the original | ||||||
36 | manufacturer's identification
number cannot be ascertained. |
| |||||||
|
|||||||
1 | The seizing law enforcement agency may:
| ||||||
2 | (1) retain the forfeited property for official use; or
| ||||||
3 | (2) sell the forfeited property and distribute the | ||||||
4 | proceeds in
accordance with Section 4-211 of this Code, or | ||||||
5 | dispose of the forfeited
property in such manner as the law | ||||||
6 | enforcement agency deems appropriate.
| ||||||
7 | (i-1) If a motorcycle is seized under subsection (i), the | ||||||
8 | motorcycle
must be returned within 45 days of the date of | ||||||
9 | seizure to the person from whom
it was seized, unless
(i) | ||||||
10 | criminal charges are pending against that person or (ii) an | ||||||
11 | application
for
an
order of forfeiture has been submitted to | ||||||
12 | the circuit in the county of
seizure or (iii) the circuit court | ||||||
13 | in the county of seizure has received from
the seizing law | ||||||
14 | enforcement agency and has granted a petition to extend, for a
| ||||||
15 | single 30 day period, the 45 days allowed for return of the | ||||||
16 | motorcycle. Except
as provided in subsection (i-2), a | ||||||
17 | motorcycle returned to the person from whom
it was seized must | ||||||
18 | be returned in essentially the same condition it was in at
the
| ||||||
19 | time of seizure.
| ||||||
20 | (i-2) If any part or parts of a motorcycle seized under | ||||||
21 | subsection (i) are
found to be
stolen and are removed, the | ||||||
22 | seizing law enforcement agency is not required to
replace the | ||||||
23 | part or parts before returning the motorcycle to the person | ||||||
24 | from
whom it
was seized.
| ||||||
25 | (j) The State Police shall notify the Secretary
of State
| ||||||
26 | each time a manufacturer's vehicle identification number is | ||||||
27 | affixed, reaffixed,
restored or restamped on any vehicle. The | ||||||
28 | Secretary of State shall make
the necessary changes or | ||||||
29 | corrections in his records, after the proper
applications and | ||||||
30 | fees have been submitted, if applicable.
| ||||||
31 | (k) Any vessel, vehicle or aircraft used with knowledge and | ||||||
32 | consent
of the owner in the commission of, or in the attempt to | ||||||
33 | commit as defined
in Section 8-4 of the Criminal Code of 1961, | ||||||
34 | an offense prohibited
by Section 4-103 of this Chapter, | ||||||
35 | including transporting of a stolen vehicle
or stolen vehicle | ||||||
36 | parts, shall be seized by any law enforcement
agency. The |
| |||||||
|
|||||||
1 | seizing law enforcement agency may:
| ||||||
2 | (1) return the vehicle to its owner if such vehicle is | ||||||
3 | stolen; or
| ||||||
4 | (2) confiscate the vehicle and retain it for any | ||||||
5 | purpose which the law
enforcement agency deems | ||||||
6 | appropriate; or
| ||||||
7 | (3) sell the vehicle at a public sale or dispose of the | ||||||
8 | vehicle in such
other manner as the law enforcement agency | ||||||
9 | deems appropriate.
| ||||||
10 | If the vehicle is sold at public sale, the proceeds of the | ||||||
11 | sale shall be
paid to the law enforcement agency.
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12 | The law enforcement agency shall not retain, sell or | ||||||
13 | dispose of a vehicle
under paragraphs (2) or (3) of this | ||||||
14 | subsection (k) except upon an order
of forfeiture issued by the | ||||||
15 | circuit court. The circuit court may issue
such order of | ||||||
16 | forfeiture upon application of the law enforcement agency
or | ||||||
17 | State's Attorney of the county where the law enforcement agency | ||||||
18 | has
jurisdiction, or in the case of the Department of State | ||||||
19 | Police or the
Secretary of State, upon application of the | ||||||
20 | Attorney General.
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21 | The court shall issue the order if the owner of the vehicle | ||||||
22 | has been
convicted of transporting stolen vehicles or stolen | ||||||
23 | vehicle parts and the
evidence establishes that the owner's | ||||||
24 | vehicle has been used in the commission
of such offense.
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25 | The provisions of subsection (k) of this Section shall not | ||||||
26 | apply to any
vessel, vehicle or aircraft, which has been | ||||||
27 | leased, rented or loaned by
its owner, if the owner did not | ||||||
28 | have knowledge of and consent to the use
of the vessel, vehicle | ||||||
29 | or aircraft in the commission of, or in an attempt
to commit, | ||||||
30 | an offense prohibited by Section 4-103 of this Chapter.
| ||||||
31 | (l) Any motor vehicle purchased by an individual when that | ||||||
32 | individual's driving privileges are suspended or revoked as a | ||||||
33 | result of a conviction for violating Section 9-3 of the | ||||||
34 | Criminal Code of 1961 relating to the offense of reckless | ||||||
35 | homicide, or a conviction for violating Section 11-501 of this | ||||||
36 | Code or a similar provision of a local ordinance, or suspended |
| |||||||
|
|||||||
1 | in accordance with a statutory summary suspension as authorized | ||||||
2 | by Section 11-501.1 of this Code, may be seized by any law | ||||||
3 | enforcement agency, unless, at the time of the purchase, the | ||||||
4 | individual had been issued a driving permit as authorized by | ||||||
5 | this Code. The seizing law enforcement agency may:
| ||||||
6 | (1) confiscate the vehicle and retain it for any | ||||||
7 | purpose which the law enforcement agency deems | ||||||
8 | appropriate; or | ||||||
9 | (2) sell the vehicle at a public sale or dispose of the | ||||||
10 | vehicle in such other manner as the law enforcement agency | ||||||
11 | deems appropriate.
If the vehicle is sold at public sale, | ||||||
12 | the proceeds of the sale shall be paid to the law | ||||||
13 | enforcement agency. | ||||||
14 | The law enforcement agency may not retain, sell or dispose | ||||||
15 | of a vehicle under paragraph (1) or (2) of this subsection (l) | ||||||
16 | except upon an order of forfeiture issued by the circuit court. | ||||||
17 | The circuit court may issue an order of forfeiture upon | ||||||
18 | application of the law enforcement agency or State's Attorney | ||||||
19 | of the county where the law enforcement agency has jurisdiction | ||||||
20 | or, in the case of the Department of State Police or the | ||||||
21 | Secretary of State, upon application of the Attorney General. | ||||||
22 | The court shall issue the order if the owner of the vehicle | ||||||
23 | has been convicted of purchasing a motor vehicle in violation | ||||||
24 | of Section 3-102.1 of this Code.
| ||||||
25 | (Source: P.A. 92-443, eff. 1-1-02; 93-456, eff. 8-8-03.)
| ||||||
26 | (625 ILCS 5/5-106.1 new) | ||||||
27 | Sec. 5-106.1. Sales to certain offenders prohibited. A new | ||||||
28 | or used motor vehicle dealer may not sell a motor vehicle to | ||||||
29 | any individual whose driving privileges are suspended or | ||||||
30 | revoked as result of a conviction for violating Section 9-3 of | ||||||
31 | the Criminal Code of 1961 relating to the offense of reckless | ||||||
32 | homicide, or a conviction for violating Section 11-501 of this | ||||||
33 | Code or a similar provision of a local ordinance, or suspended | ||||||
34 | in accordance with a statutory summary suspension as authorized | ||||||
35 | by Section 11-501.1 of this Code, unless the individual has |
| |||||||
|
|||||||
1 | been issued a driving permit as authorized by this Code that is | ||||||
2 | in effect at the time of the purchase. | ||||||
3 | (625 ILCS 5/5-601.1 new)
| ||||||
4 | Sec. 5-601.1. Duty of a lending institution. | ||||||
5 | (a) As used in this Section, "lending institution" means | ||||||
6 | any bank, trust company, savings bank, savings and loan | ||||||
7 | association, credit union, national banking association, | ||||||
8 | mortgage banking association, federal savings and loan | ||||||
9 | association or federal credit union maintaining an office in | ||||||
10 | the State, or any other entity or organization which makes | ||||||
11 | loans for the purchase of motor vehicles. | ||||||
12 | (b) Any lending institution accepting an application for a | ||||||
13 | loan for the purchase of a motor vehicle must obtain the | ||||||
14 | applicant's social security number and match that number | ||||||
15 | against a list maintained by the Secretary of State of all | ||||||
16 | Illinois drivers whose driving privileges are suspended or | ||||||
17 | revoked as result of a conviction for violating Section 9-3 of | ||||||
18 | the Criminal Code of 1961 relating to the offense of reckless | ||||||
19 | homicide, or a conviction for violating Section 11-501 of this | ||||||
20 | Code or a similar provision of a local ordinance, or suspended | ||||||
21 | in accordance with a statutory summary suspension as authorized | ||||||
22 | by Section 11-501.1 of this Code and have not been issued a | ||||||
23 | driving permit as authorized by this Code that is in effect at | ||||||
24 | the time of the application. If the lending institution | ||||||
25 | determines that the social security number of an applicant | ||||||
26 | matches that of a driver on the suspended or revoked list, the | ||||||
27 | lending institution must report this information to the | ||||||
28 | Secretary of State in the manner prescribed by the Secretary of | ||||||
29 | State and may not make a loan to the applicant for the purchase | ||||||
30 | of a motor vehicle.
| ||||||
31 | Section 99. Effective date. This Act takes effect January | ||||||
32 | 1, 2005.
|