HB4127 Engrossed

LRB093 17652 DRH 44229 b






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    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 and 3-302 and  by adding Sections 3-102.1 and 
6
5-106.1 as follows:
 
7
    (625 ILCS 5/3-102.1 new)

8
    Sec. 3-102.1. Purchase of vehicles by specified offenders 
9
prohibited.
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    (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
    (c) A person prohibited from purchasing a motor vehicle by 
22
this Section may seek an exception by filing a request for an 
23
exception with the Administrative Hearings Department of the 
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Office of the Secretary of State. The Secretary may grant the 
25
exception upon a showing (i) that the person's name must appear 
26
on the title and registration of a motor vehicle for financing 
27
purposes and (ii) that the motor vehicle is to be used as a 
28
primary means of transportation by another person.
The 
29
Secretary shall adopt rules for implementing this subsection 
30
(c).
 



31
    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)



 


 






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    Sec. 3-104. Application for certificate of title. 

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    (a) The application for a certificate of title for a 
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vehicle in this
State must be made by the owner to the 
4
Secretary of State on the form
prescribed and must contain:


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        1. The name, Illinois residence and mail address of the 
6
owner, and the driver's license number of the owner if the 
7
owner has previously been issued a driver's license;


8
        2. A description of the vehicle including, so far as 
9
the following
data exists: Its make, year-model, 
10
identifying number, type of body,
whether new or used, as 
11
to house trailers as
defined in Section 1-128 of this Code, 
12
the square footage of the house
trailer based upon the 
13
outside dimensions of the house trailer excluding
the 
14
length of the tongue and hitch, and, as to vehicles of the

15
second division, whether for-hire, not-for-hire, or both 
16
for-hire and
not-for-hire;


17
        3. The date of purchase by applicant and, if 
18
applicable, the name and
address of the person from whom 
19
the vehicle was acquired and the names and
addresses of any 
20
lienholders in the order of their priority and signatures 
21
of
owners;


22
        4. The current odometer reading at the time of transfer 
23
and that the
stated odometer reading is one of the 
24
following: actual mileage, not
the actual mileage or 
25
mileage is in excess of its mechanical limits; and

26
        4.1. A certification that, at the time of the 
27
application for title, the owner's driving privileges are 
28
not suspended or revoked as result of a conviction for 
29
violating Section 9-3 of the Criminal Code of 1961 relating 
30
to the offense of reckless homicide, or a conviction for 
31
violating Section 11-501 of this Code or a similar 
32
provision of a local ordinance, or suspended pursuant to a 
33
statutory summary suspension as authorized by Section 
34
11-501.1 of this Code or, if the owner's driving privileges 
35
have been suspended or revoked, that the owner has been 
36
issued a driving permit as authorized by this Code that is 
 


 






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in effect at the time of the application for title; and


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        5. Any further information the Secretary of State 
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reasonably
requires to identify the vehicle and to enable 
4
him to determine whether
the owner is entitled to a 
5
certificate of title and the existence or
nonexistence of 
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security interests in the vehicle.

7
    (b) If the application refers to a vehicle purchased from a 
8
dealer,
it must also be signed by the dealer as well as the 
9
owner, and the dealer must
promptly mail or deliver the 
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application and required documents to the
Secretary of State.

11
    (c) If the application refers to a vehicle last previously

12
registered in another State or country, the application must 
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contain or
be accompanied by:


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        1. Any certified document of ownership so recognized 
15
and issued by
the other State or country and acceptable to 
16
the Secretary of State, and


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        2. Any other information and documents the Secretary of 
18
State
reasonably requires to establish the ownership of the 
19
vehicle and the
existence or nonexistence of security 
20
interests in it.

21
    (d) If the application refers to a new vehicle it must be

22
accompanied by the Manufacturer's Statement of Origin, or other 
23
documents
as required and acceptable by the Secretary of State, 
24
with such
assignments as may be necessary to show title in the 
25
applicant.

26
    (e) If an application refers to a vehicle rebuilt from a 
27
vehicle
previously salvaged, that application shall comply 
28
with the provisions
set forth in Sections 3-302 through 3-304 
29
of this Code.

30
    (f) An application for a certificate of title for any 
31
vehicle,
whether purchased in Illinois or outside Illinois, and 
32
even if
previously registered in another State, must be 
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accompanied by either an
exemption determination from the 
34
Department of Revenue showing that no
tax imposed pursuant to 
35
the Use Tax Act or the vehicle use tax imposed by
Section 
36
3-1001 of the Illinois Vehicle Code is owed by anyone with 
 


 






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respect to
that vehicle, or a receipt from the Department of 
2
Revenue showing that any tax
so imposed has been paid.  An 
3
application for a certificate of title for any
vehicle 
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purchased outside Illinois, even if previously registered in 
5
another
state, must be accompanied by either an exemption 
6
determination from the
Department of Revenue showing that no 
7
tax imposed pursuant to the Municipal Use
Tax Act or the County 
8
Use Tax Act is owed by anyone with respect to that
vehicle, or 
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a receipt from the Department of Revenue showing that any tax 
10
so
imposed has been paid.  In the absence of such a receipt for 
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payment or
determination of exemption from the Department, no 
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certificate of title shall
be issued to the applicant.

13
    If the proof of payment of the tax or of nonliability 
14
therefor is,
after the issuance of the certificate of title and 
15
display certificate
of title, found to be invalid, the 
16
Secretary of State shall revoke the
certificate and require 
17
that the certificate of title and, when
applicable, the display 
18
certificate of title be returned to him.

19
    (g) If the application refers to a vehicle not manufactured 
20
in
accordance with federal safety and emission standards, the 
21
application must
be accompanied by all documents required by 
22
federal governmental
agencies to meet their standards before a 
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vehicle is allowed to be issued
title and registration.

24
    (h) If the application refers to a vehicle sold at public 
25
sale by a
sheriff, it must be accompanied by the required fee 
26
and a bill of sale
issued and signed by a sheriff.  The bill of 
27
sale must identify the new
owner's name and address, the year 
28
model, make and vehicle identification
number of the vehicle, 
29
court order document number authorizing such sale,
if 
30
applicable, and the name and address of any lienholders in 
31
order of
priority, if applicable.

32
    (i) If the application refers to a vehicle for which a 
33
court of law
determined the ownership, it must be accompanied 
34
with a certified copy of
such court order and the required fee.  
35
The court order must indicate the
new owner's name and address, 
36
the complete description of the vehicle, if
known, the name and 
 


 






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address of the lienholder, if any, and must be signed
and dated 
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by the judge issuing such order.

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    (j) If the application refers to a vehicle sold at public 
4
auction pursuant
to the Labor and Storage Lien (Small Amount) 
5
Act, it must be
accompanied by an affidavit or affirmation 
6
furnished by the Secretary of
State along with the
documents 
7
described in the affidavit or affirmation and the required fee.

8
(Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; 
9
90-655, eff.
7-30-98.)

 



10
    (625 ILCS 5/3-302)  (from Ch. 95 1/2, par. 3-302)



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    Sec. 3-302. Application for title; contents. Every 
12
application for
a certificate of title for a rebuilt vehicle 
13
shall be made upon a form
prescribed by the Secretary of State, 
14
and shall include the following:


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        1. The name, residence and mailing address of the 
16
owner, and the driver's license number of the owner if the 
17
owner has been previously issued a driver's license;


18
        2. A description of the vehicle including, so far as 
19
the following data
exists:  its make, year-model, 
20
identifying number, type of body, whether
new or used, and 
21
as to vehicles of the second division, whether for-hire,

22
not-for-hire, or both for-hire and not-for-hire;


23
        3. The date of purchase by applicant, the name and 
24
address of the person
from whom the vehicle was acquired 
25
and the names and addresses of any
lienholders in the order 
26
of their priority;


27
        4. The current odometer reading at the time of transfer 
28
and that the
stated odometer reading is one of the 
29
following: actual mileage, not the
actual mileage or 
30
mileage is in excess of its mechanical limits; and

31
        4.1. A certification that at the time of the 
32
application for title the owner's driving privileges are 
33
not suspended or revoked pursuant to a conviction for 
34
violating Section 9-3 of the Criminal Code of 1961 relating 
35
to the offense of reckless homicide, or a conviction for 
 


 






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violating Section 11-501 of this Code or a similar 
2
provision of a local ordinance, or suspended pursuant to a 
3
statutory summary suspension as authorized by Section 
4
11-501.1 of this Code or, if the owner's driving privileges 
5
have been suspended or revoked, that the owner has been 
6
issued a driving permit as authorized by this Code that is 
7
in effect at the time of the application for title; and


8
        5. Any further information the Secretary of State 
9
reasonably requires
to identify the vehicle and to enable 
10
him to determine whether the owner
is entitled to a 
11
certificate of title and the existence or nonexistence of

12
security interests in the vehicle.

13
(Source: P.A. 92-651, eff. 7-11-02.)

 
14
    (625 ILCS 5/5-106.1  new)
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    Sec. 5-106.1. Sales to certain offenders prohibited.
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    (a) A new or used motor vehicle dealer may not sell a motor 
17
vehicle to any individual whose driving privileges are 
18
suspended or revoked as a result of a conviction for violating 
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Section 9-3 of the Criminal Code of 1961 relating to the 
20
offense of reckless homicide, or a conviction for violating 
21
Section 11-501 of this Code or a similar provision of a local 
22
ordinance, or suspended in accordance with a statutory summary 
23
suspension as authorized by Section 11-501.1 of this Code, 
24
unless the individual has been issued a driving permit as 
25
authorized by this Code that is in effect at the time of the 
26
purchase.
27
    (b) The sale of a motor vehicle to a person whose driving 
28
privileges are  suspended or revoked as described in subsection 
29
(a) is not a violation of this Section if (i) the new or used 
30
motor vehicle dealer attempts to ascertain the status of the 
31
purchaser's driving privileges through the means established 
32
by the Secretary of State and is unable to do so because the 
33
information is unavailable due to a failure of the 
34
communication system established by the Secretary of State or 
35
(ii) the information received from the Secretary of State is 
 


 






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erroneous.
 
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    Section 10. The Criminal Code of 1961 is amended  by 
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changing Section 36-1 as follows:
 



4
    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)



5
    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used 
6
with the knowledge
and consent of the owner in the commission 
7
of, or in the attempt to commit as
defined in Section 8-4 of 
8
this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, 
9
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, 
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12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, 
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19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, 
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or 28-1 of this Code,
paragraph (a) of Section 12-4 of this 
13
Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or 
14
(d) of Section
12-16 of this Code, or paragraph (a)(6) or 
15
(a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 
16
or 26 of the Cigarette Tax
Act if the vessel, vehicle or 
17
aircraft contains more than 10 cartons of
such cigarettes; (c) 
18
Section 28, 29 or 30 of the Cigarette Use Tax Act if
the 
19
vessel, vehicle or aircraft contains more than 10 cartons of 
20
such
cigarettes; (d) Section 44 of the Environmental Protection 
21
Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the 
22
offenses described in the
following provisions of the Illinois 
23
Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), 
24
(c-1)(3),
(d)(1)(A), or (d)(1)(D); (g) an offense described in 
25
subsection (g) of Section 6-303 of the
Illinois Vehicle Code; 
26
or (h) an offense described in subsection (e) of
Section 6-101 
27
of the Illinois Vehicle Code;
or any vehicle purchased in 
28
violation of Section 3-102.1 of the Illinois Vehicle Code may 
29
be
seized and delivered forthwith to the sheriff of the county 
30
of seizure.

31
    Within 15 days after such delivery the sheriff shall give 
32
notice of seizure
to each person according to the following 
33
method: Upon each such person
whose right, title or interest is 
34
of record in the office of the Secretary
of State, the 
 


 






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Secretary of Transportation, the Administrator of the Federal

2
Aviation Agency, or any other Department of this State, or any 
3
other state
of the United States if such vessel, vehicle or 
4
aircraft is required to be
so registered, as the case may be, 
5
by mailing a copy of the notice by
certified mail to the 
6
address as given upon the records of the Secretary of
State, 
7
the Department of Aeronautics, Department of Public Works and

8
Buildings or any other Department of this State or the United 
9
States if
such vessel, vehicle or aircraft is required to be so 
10
registered. Within
that 15 day period the sheriff shall also 
11
notify the State's Attorney of
the county of seizure about the 
12
seizure.

13
    In addition, any mobile or portable equipment used in the 
14
commission of an
act which is in violation of Section 7g of the 
15
Metropolitan Water Reclamation
District Act shall be subject to 
16
seizure and forfeiture under the same
procedures provided in 
17
this Article for the seizure and forfeiture of vessels,

18
vehicles and aircraft, and any such equipment shall be deemed a 
19
vessel, vehicle
or aircraft for purposes of this Article.

20
    When a person discharges a firearm at another individual 
21
from a vehicle with
the knowledge and consent of the owner of 
22
the vehicle and with the intent to
cause death or great bodily 
23
harm to that individual and as a result causes
death or great 
24
bodily harm to that individual, the vehicle shall be subject to

25
seizure and forfeiture under the same procedures provided in 
26
this Article for
the seizure and forfeiture of vehicles used in 
27
violations of clauses (a), (b),
(c), or (d) of this Section.

28
    If the spouse of the owner of a vehicle seized for
an 
29
offense described in subsection (g) of Section 6-303 of the

30
Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), 
31
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 
32
of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes 
33
a showing
that the seized vehicle is the only source of 
34
transportation and it is
determined that the financial hardship 
35
to the family as a result of the seizure
outweighs the benefit 
36
to the State from the seizure, the vehicle may be
forfeited to 
 


 






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the spouse or family member and the title to the vehicle shall 
2
be
transferred to the spouse or family member who is properly 
3
licensed and who
requires the use of the vehicle for employment 
4
or family transportation
purposes.  A written declaration of 
5
forfeiture of a vehicle under this
Section shall be sufficient 
6
cause for the title to be transferred to the spouse
or family 
7
member.  The provisions of this paragraph shall apply only to 
8
one
forfeiture per vehicle.  If the vehicle is the subject of a 
9
subsequent
forfeiture proceeding by virtue of a subsequent 
10
conviction of either spouse or
the family member, the spouse or 
11
family member to whom the vehicle was
forfeited under the first 
12
forfeiture proceeding may not utilize the
provisions of this 
13
paragraph in another forfeiture proceeding.  If the owner of
the 
14
vehicle seized owns more than one vehicle,
the procedure set 
15
out in this paragraph may be used for only one vehicle.

16
    Property declared contraband under Section 40 of the 
17
Illinois Streetgang
Terrorism Omnibus Prevention Act may be 
18
seized and forfeited under this
Article.

19
(Source: P.A. 92-57, eff. 1-1-02; 92-688, eff. 7-16-02; 93-187, 
20
eff.
7-11-03.)

 
21
    Section 99. Effective date. This Act takes effect January 
22
1, 2005.