State Government Administration Committee
Filed: 02/25/04
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1 | AMENDMENT TO HOUSE BILL 4127
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2 | AMENDMENT NO. ______. Amend House Bill 4127 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 3-104 and 3-302 and by adding Sections | ||||||
6 | 3-102.1 and 5-106.1 as follows: | ||||||
7 | (625 ILCS 5/3-102.1 new)
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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.
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20 | (b) Violation of this Section is a Class C misdemeanor.
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21 | (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
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22 | Sec. 3-104. Application for certificate of title.
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23 | (a) The application for a certificate of title for a |
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1 | vehicle in this
State must be made by the owner to the | ||||||
2 | Secretary of State on the form
prescribed and must contain:
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3 | 1. The name, Illinois residence and mail address of the | ||||||
4 | owner , and the drivers license number of the owner if the | ||||||
5 | owner has previously been issued a driver's license ;
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6 | 2. A description of the vehicle including, so far as | ||||||
7 | the following
data exists: Its make, year-model, | ||||||
8 | identifying number, type of body,
whether new or used, as | ||||||
9 | to house trailers as
defined in Section 1-128 of this Code, | ||||||
10 | the square footage of the house
trailer based upon the | ||||||
11 | outside dimensions of the house trailer excluding
the | ||||||
12 | length of the tongue and hitch, and, as to vehicles of the
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13 | second division, whether for-hire, not-for-hire, or both | ||||||
14 | for-hire and
not-for-hire;
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15 | 3. The date of purchase by applicant and, if | ||||||
16 | applicable, the name and
address of the person from whom | ||||||
17 | the vehicle was acquired and the names and
addresses of any | ||||||
18 | lienholders in the order of their priority and signatures | ||||||
19 | of
owners;
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20 | 4. The current odometer reading at the time of transfer | ||||||
21 | and that the
stated odometer reading is one of the | ||||||
22 | following: actual mileage, not
the actual mileage or | ||||||
23 | mileage is in excess of its mechanical limits; and
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24 | 4.1. A certification that, at the time of the | ||||||
25 | application for title, the owner's driving privileges are | ||||||
26 | not suspended or revoked as result of a conviction for | ||||||
27 | violating Section 9-3 of the Criminal Code of 1961 relating | ||||||
28 | to the offense of reckless homicide, or a conviction for | ||||||
29 | violating Section 11-501 of this Code or a similar | ||||||
30 | provision of a local ordinance, or suspended pursuant to a | ||||||
31 | statutory summary suspension as authorized by Section | ||||||
32 | 11-501.1 of this Code or, if the owner's driving privileges | ||||||
33 | have been suspended or revoked, that the owner has been | ||||||
34 | issued a driving permit as authorized by this Code that is |
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1 | in effect at the time of the application for title; and
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2 | 5. Any further information the Secretary of State | ||||||
3 | 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 | ||||||
6 | security interests in the vehicle.
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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 | ||||||
10 | application and required documents to the
Secretary of State.
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11 | (c) If the application refers to a vehicle last previously
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12 | registered in another State or country, the application must | ||||||
13 | contain or
be accompanied by:
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14 | 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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17 | 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.
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21 | (d) If the application refers to a new vehicle it must be
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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.
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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.
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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 | ||||||
33 | accompanied by either an
exemption determination from the | ||||||
34 | Department of Revenue showing that no
tax imposed pursuant to |
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1 | the Use Tax Act or the vehicle use tax imposed by
Section | ||||||
2 | 3-1001 of the Illinois Vehicle Code is owed by anyone with | ||||||
3 | respect to
that vehicle, or a receipt from the Department of | ||||||
4 | Revenue showing that any tax
so imposed has been paid. An | ||||||
5 | application for a certificate of title for any
vehicle | ||||||
6 | purchased outside Illinois, even if previously registered in | ||||||
7 | another
state, must be accompanied by either an exemption | ||||||
8 | determination from the
Department of Revenue showing that no | ||||||
9 | tax imposed pursuant to the Municipal Use
Tax Act or the County | ||||||
10 | Use Tax Act is owed by anyone with respect to that
vehicle, or | ||||||
11 | a receipt from the Department of Revenue showing that any tax | ||||||
12 | so
imposed has been paid. In the absence of such a receipt for | ||||||
13 | payment or
determination of exemption from the Department, no | ||||||
14 | certificate of title shall
be issued to the applicant.
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15 | If the proof of payment of the tax or of nonliability | ||||||
16 | therefor is,
after the issuance of the certificate of title and | ||||||
17 | display certificate
of title, found to be invalid, the | ||||||
18 | Secretary of State shall revoke the
certificate and require | ||||||
19 | that the certificate of title and, when
applicable, the display | ||||||
20 | certificate of title be returned to him.
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21 | (g) If the application refers to a vehicle not manufactured | ||||||
22 | in
accordance with federal safety and emission standards, the | ||||||
23 | application must
be accompanied by all documents required by | ||||||
24 | federal governmental
agencies to meet their standards before a | ||||||
25 | vehicle is allowed to be issued
title and registration.
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26 | (h) If the application refers to a vehicle sold at public | ||||||
27 | sale by a
sheriff, it must be accompanied by the required fee | ||||||
28 | and a bill of sale
issued and signed by a sheriff. The bill of | ||||||
29 | sale must identify the new
owner's name and address, the year | ||||||
30 | model, make and vehicle identification
number of the vehicle, | ||||||
31 | court order document number authorizing such sale,
if | ||||||
32 | applicable, and the name and address of any lienholders in | ||||||
33 | order of
priority, if applicable.
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34 | (i) If the application refers to a vehicle for which a |
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1 | court of law
determined the ownership, it must be accompanied | ||||||
2 | with a certified copy of
such court order and the required fee. | ||||||
3 | The court order must indicate the
new owner's name and address, | ||||||
4 | the complete description of the vehicle, if
known, the name and | ||||||
5 | address of the lienholder, if any, and must be signed
and dated | ||||||
6 | by the judge issuing such order.
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7 | (j) If the application refers to a vehicle sold at public | ||||||
8 | auction pursuant
to the Labor and Storage Lien (Small Amount) | ||||||
9 | Act, it must be
accompanied by an affidavit or affirmation | ||||||
10 | furnished by the Secretary of
State along with the
documents | ||||||
11 | described in the affidavit or affirmation and the required fee.
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12 | (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; | ||||||
13 | 90-655, eff.
7-30-98.)
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14 | (625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
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15 | Sec. 3-302. Application for title; contents. Every | ||||||
16 | application for
a certificate of title for a rebuilt vehicle | ||||||
17 | shall be made upon a form
prescribed by the Secretary of State, | ||||||
18 | and shall include the following:
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19 | 1. The name, residence and mailing address of the | ||||||
20 | owner , and the driver's license number of the owner if the | ||||||
21 | owner has been previously issued a driver's license ;
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22 | 2. A description of the vehicle including, so far as | ||||||
23 | the following data
exists: its make, year-model, | ||||||
24 | identifying number, type of body, whether
new or used, and | ||||||
25 | as to vehicles of the second division, whether for-hire,
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26 | not-for-hire, or both for-hire and not-for-hire;
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27 | 3. The date of purchase by applicant, the name and | ||||||
28 | address of the person
from whom the vehicle was acquired | ||||||
29 | and the names and addresses of any
lienholders in the order | ||||||
30 | of their priority;
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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 |
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1 | violating Section 9-3 of the Criminal Code of 1961 relating | ||||||
2 | to the offense of reckless homicide, or a conviction for | ||||||
3 | violating Section 11-501 of this Code or a similar | ||||||
4 | provision of a local ordinance, or suspended pursuant to a | ||||||
5 | statutory summary suspension as authorized by Section | ||||||
6 | 11-501.1 of this Code or, if the owner's driving privileges | ||||||
7 | have been suspended or revoked, that the owner has been | ||||||
8 | issued a driving permit as authorized by this Code that is | ||||||
9 | in effect at the time of the application for title;
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10 | 4. The current odometer reading at the time of transfer | ||||||
11 | and that the
stated odometer reading is one of the | ||||||
12 | following: actual mileage, not the
actual mileage or | ||||||
13 | mileage is in excess of its mechanical limits; and
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14 | 5. Any further information the Secretary of State | ||||||
15 | reasonably requires
to identify the vehicle and to enable | ||||||
16 | him to determine whether the owner
is entitled to a | ||||||
17 | certificate of title and the existence or nonexistence of
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18 | security interests in the vehicle.
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19 | (Source: P.A. 92-651, eff. 7-11-02.)
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20 | (625 ILCS 5/5-106.1 new) | ||||||
21 | Sec. 5-106.1. Sales to certain offenders prohibited. A new | ||||||
22 | or used motor vehicle dealer may not sell a motor vehicle to | ||||||
23 | any individual whose driving privileges are suspended or | ||||||
24 | revoked as result of a conviction for violating Section 9-3 of | ||||||
25 | the Criminal Code of 1961 relating to the offense of reckless | ||||||
26 | homicide, or a conviction for violating Section 11-501 of this | ||||||
27 | Code or a similar provision of a local ordinance, or suspended | ||||||
28 | in accordance with a statutory summary suspension as authorized | ||||||
29 | by Section 11-501.1 of this Code, unless the individual has | ||||||
30 | been issued a driving permit as authorized by this Code that is | ||||||
31 | in effect at the time of the purchase. | ||||||
32 | Section 10. The Criminal Code of 1961 is amended by |
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1 | changing Section 36-1 as follows:
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2 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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3 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
4 | with the knowledge
and consent of the owner in the commission | ||||||
5 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
6 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
7 | 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | ||||||
8 | 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | ||||||
9 | 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | ||||||
10 | or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | ||||||
11 | Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | ||||||
12 | (d) of Section
12-16 of this Code, or paragraph (a)(6) or | ||||||
13 | (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | ||||||
14 | or 26 of the Cigarette Tax
Act if the vessel, vehicle or | ||||||
15 | aircraft contains more than 10 cartons of
such cigarettes; (c) | ||||||
16 | Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | ||||||
17 | vessel, vehicle or aircraft contains more than 10 cartons of | ||||||
18 | such
cigarettes; (d) Section 44 of the Environmental Protection | ||||||
19 | Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | ||||||
20 | offenses described in the
following provisions of the Illinois | ||||||
21 | Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | ||||||
22 | (c-1)(3),
(d)(1)(A), or (d)(1)(D); (g) an offense described in | ||||||
23 | subsection (g) of Section 6-303 of the
Illinois Vehicle Code; | ||||||
24 | or (h) an offense described in subsection (e) of
Section 6-101 | ||||||
25 | of the Illinois Vehicle Code;
or any vehicle purchased in | ||||||
26 | violation of Section 3-102.1 of the Illinois Vehicle Code may | ||||||
27 | be
seized and delivered forthwith to the sheriff of the county | ||||||
28 | of seizure.
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29 | Within 15 days after such delivery the sheriff shall give | ||||||
30 | notice of seizure
to each person according to the following | ||||||
31 | method: Upon each such person
whose right, title or interest is | ||||||
32 | of record in the office of the Secretary
of State, the | ||||||
33 | Secretary of Transportation, the Administrator of the Federal
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1 | Aviation Agency, or any other Department of this State, or any | ||||||
2 | other state
of the United States if such vessel, vehicle or | ||||||
3 | aircraft is required to be
so registered, as the case may be, | ||||||
4 | by mailing a copy of the notice by
certified mail to the | ||||||
5 | address as given upon the records of the Secretary of
State, | ||||||
6 | the Department of Aeronautics, Department of Public Works and
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7 | Buildings or any other Department of this State or the United | ||||||
8 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
9 | registered. Within
that 15 day period the sheriff shall also | ||||||
10 | notify the State's Attorney of
the county of seizure about the | ||||||
11 | seizure.
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12 | In addition, any mobile or portable equipment used in the | ||||||
13 | commission of an
act which is in violation of Section 7g of the | ||||||
14 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
15 | seizure and forfeiture under the same
procedures provided in | ||||||
16 | this Article for the seizure and forfeiture of vessels,
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17 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
18 | vessel, vehicle
or aircraft for purposes of this Article.
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19 | When a person discharges a firearm at another individual | ||||||
20 | from a vehicle with
the knowledge and consent of the owner of | ||||||
21 | the vehicle and with the intent to
cause death or great bodily | ||||||
22 | harm to that individual and as a result causes
death or great | ||||||
23 | bodily harm to that individual, the vehicle shall be subject to
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24 | seizure and forfeiture under the same procedures provided in | ||||||
25 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
26 | violations of clauses (a), (b),
(c), or (d) of this Section.
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27 | If the spouse of the owner of a vehicle seized for
an | ||||||
28 | offense described in subsection (g) of Section 6-303 of the
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29 | Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | ||||||
30 | (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | ||||||
31 | of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes | ||||||
32 | a showing
that the seized vehicle is the only source of | ||||||
33 | transportation and it is
determined that the financial hardship | ||||||
34 | to the family as a result of the seizure
outweighs the benefit |
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1 | to the State from the seizure, the vehicle may be
forfeited to | ||||||
2 | the spouse or family member and the title to the vehicle shall | ||||||
3 | be
transferred to the spouse or family member who is properly | ||||||
4 | licensed and who
requires the use of the vehicle for employment | ||||||
5 | or family transportation
purposes. A written declaration of | ||||||
6 | forfeiture of a vehicle under this
Section shall be sufficient | ||||||
7 | cause for the title to be transferred to the spouse
or family | ||||||
8 | member. The provisions of this paragraph shall apply only to | ||||||
9 | one
forfeiture per vehicle. If the vehicle is the subject of a | ||||||
10 | subsequent
forfeiture proceeding by virtue of a subsequent | ||||||
11 | conviction of either spouse or
the family member, the spouse or | ||||||
12 | family member to whom the vehicle was
forfeited under the first | ||||||
13 | forfeiture proceeding may not utilize the
provisions of this | ||||||
14 | paragraph in another forfeiture proceeding. If the owner of
the | ||||||
15 | vehicle seized owns more than one vehicle,
the procedure set | ||||||
16 | out in this paragraph may be used for only one vehicle.
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17 | Property declared contraband under Section 40 of the | ||||||
18 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
19 | seized and forfeited under this
Article.
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20 | (Source: P.A. 92-57, eff. 1-1-02; 92-688, eff. 7-16-02; 93-187, | ||||||
21 | eff.
7-11-03.)
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22 | Section 99. Effective date. This Act takes effect January | ||||||
23 | 1, 2005.".
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