State Government Administration Committee
Filed: 02/25/04
 
 

 




 

 		












09300HB4127ham001

LRB093 17652 DRH 47852 a






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AMENDMENT TO HOUSE BILL 4127 




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    AMENDMENT NO. ______. Amend House Bill 4127 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Vehicle Code is amended  by 
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changing Sections 3-104 and 3-302 and  by adding Sections 
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3-102.1 and 5-106.1 as follows:
 
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    (625 ILCS 5/3-102.1 new)

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    Sec. 3-102.1. Purchase of vehicles by specified offenders 
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prohibited.
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    (a) A person may not purchase a motor vehicle while that 
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person's driving privileges are suspended or revoked as result 
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of a conviction for violating Section 9-3 of the Criminal Code 
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of 1961 relating to the offense of reckless homicide, or a 
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conviction for violating Section 11-501 of this Code or a 
15
similar provision of a local ordinance, or have been suspended 
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in accordance with  a statutory summary suspension as authorized 
17
by Section 11-501.1 of this Code, unless the purchaser has been 
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issued a driving permit as authorized by this Code that is in 
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effect at the time of the purchase.

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    (b) Violation of this Section is a Class C misdemeanor.

 



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    (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 
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Secretary of State on the form
prescribed and must contain:


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


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

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


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


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

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        4.1. A certification that, at the time of the 
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application for title, the owner's driving privileges are 
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not suspended or revoked as result of a conviction for 
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violating Section 9-3 of the Criminal Code of 1961 relating 
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to the offense of reckless homicide, or a conviction for 
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violating Section 11-501 of this Code or a similar 
30
provision of a local ordinance, or suspended pursuant to a 
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statutory summary suspension as authorized by Section 
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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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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 
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him to determine whether
the owner is entitled to a 
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certificate of title and the existence or
nonexistence of 
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security interests in the vehicle.

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    (b) If the application refers to a vehicle purchased from a 
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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.

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

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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 
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and issued by
the other State or country and acceptable to 
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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 
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interests in it.

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

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

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

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    (f) An application for a certificate of title for any 
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vehicle,
whether purchased in Illinois or outside Illinois, and 
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even if
previously registered in another State, must be 
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accompanied by either an
exemption determination from the 
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Department of Revenue showing that no
tax imposed pursuant to 
 


 






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the Use Tax Act or the vehicle use tax imposed by
Section 
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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 
4
Revenue showing that any tax
so imposed has been paid.  An 
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application for a certificate of title for any
vehicle 
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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 
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tax imposed pursuant to the Municipal Use
Tax Act or the County 
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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 
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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.

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

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

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    (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 
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model, make and vehicle identification
number of the vehicle, 
31
court order document number authorizing such sale,
if 
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applicable, and the name and address of any lienholders in 
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order of
priority, if applicable.

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    (i) If the application refers to a vehicle for which a 
 


 






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court of law
determined the ownership, it must be accompanied 
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with a certified copy of
such court order and the required fee.  
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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 
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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 
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auction pursuant
to the Labor and Storage Lien (Small Amount) 
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Act, it must be
accompanied by an affidavit or affirmation 
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furnished by the Secretary of
State along with the
documents 
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described in the affidavit or affirmation and the required fee.

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

 



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    (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 
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application for
a certificate of title for a rebuilt vehicle 
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shall be made upon a form
prescribed by the Secretary of State, 
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and shall include the following:


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        1. The name, residence and mailing address of the 
20
owner, and the driver's license number of the owner if the 
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owner has been previously issued a driver's license;


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        2. A description of the vehicle including, so far as 
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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,

26
not-for-hire, or both for-hire and not-for-hire;


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        3. The date of purchase by applicant, the name and 
28
address of the person
from whom the vehicle was acquired 
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and the names and addresses of any
lienholders in the order 
30
of their priority;

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        4.1. A certification that at the time of the 
32
application for title the owner's driving privileges are 
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not suspended or revoked pursuant to a conviction for 
 


 






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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 
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11-501.1 of this Code or, if the owner's driving privileges 
7
have been suspended or revoked, that the owner has been 
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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;


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        4. The current odometer reading at the time of transfer 
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and that the
stated odometer reading is one of the 
12
following: actual mileage, not the
actual mileage or 
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mileage is in excess of its mechanical limits; 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 
16
him to determine whether the owner
is entitled to a 
17
certificate of title and the existence or nonexistence of

18
security interests in the vehicle.

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

 
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    (625 ILCS 5/5-106.1  new)
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    Sec. 5-106.1. Sales to certain offenders prohibited. A new 
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or used motor vehicle dealer may not sell a motor vehicle to 
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any individual whose driving privileges are suspended or 
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revoked as result of a conviction for violating Section 9-3 of 
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the Criminal Code of 1961 relating to the offense of reckless 
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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 
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been issued a driving permit as authorized by this Code that is 
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in effect at the time of the purchase.
 
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    Section 10. The Criminal Code of 1961 is amended  by 
 


 






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changing Section 36-1 as follows:
 



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



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

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    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 
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of record in the office of the Secretary
of State, the 
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Secretary of Transportation, the Administrator of the Federal

 


 






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Aviation Agency, or any other Department of this State, or any 
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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, 
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the Department of Aeronautics, Department of Public Works and

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

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

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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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    When a person discharges a firearm at another individual 
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from a vehicle with
the knowledge and consent of the owner of 
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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 
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bodily harm to that individual, the vehicle shall be subject to

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

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

29
Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), 
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(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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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 
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be
transferred to the spouse or family member who is properly 
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licensed and who
requires the use of the vehicle for employment 
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or family transportation
purposes.  A written declaration of 
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forfeiture of a vehicle under this
Section shall be sufficient 
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cause for the title to be transferred to the spouse
or family 
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member.  The provisions of this paragraph shall apply only to 
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one
forfeiture per vehicle.  If the vehicle is the subject of a 
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subsequent
forfeiture proceeding by virtue of a subsequent 
11
conviction of either spouse or
the family member, the spouse or 
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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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    Property declared contraband under Section 40 of the 
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Illinois Streetgang
Terrorism Omnibus Prevention Act may be 
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seized and forfeited under this
Article.

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(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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    Section 99. Effective date. This Act takes effect January 
23
1, 2005.".