Full Text of HB4127 93rd General Assembly
HB4127 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4127
Introduced 1/15/2004, by Careen Gordon, William J. Grunloh, Lisa M. Dugan, Kathleen A. Ryg, Charles E. Jefferson, et al. SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-102.1 new |
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625 ILCS 5/3-104 |
from Ch. 95 1/2, par. 3-104 |
625 ILCS 5/3-302 |
from Ch. 95 1/2, par. 3-302 |
625 ILCS 5/4-107 |
from Ch. 95 1/2, par. 4-107 |
625 ILCS 5/5-106.1 new |
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625 ILCS 5/5-601.1 new |
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Amends the Illinois Vehicle Code. Provides that a person may not purchase a vehicle while that person's driving privileges have been revoked or suspended as a result of a conviction for driving under the influence of alcohol, drugs, or intoxicating compounds or a conviction for reckless homicide or in accordance with a statutory summary suspension under the Code, if the person has not been issued a driving permit. Provides that the offense is a Class C misdemeanor. Provides that an application for a certificate of title must contain a certification that the applicant's driving privileges have not been revoked or suspended for any of those reasons. Provides that a vehicle purchased in violation of these provisions may be seized and retained, sold, or disposed of by a law enforcement agency and sets procedures to be followed. Provides that a new or used vehicle dealer may not sell a vehicle to a person whose driving privileges have been suspended or revoked for any of those reasons. Provides that a lending institution accepting an application for a loan for the purchase of a vehicle must check for the applicant's social security number on a list of the social security numbers of persons whose driving privileges have been revoked or suspended for those reasons and have not been issued a driving permit. Provides that the lending institution must report to the Secretary of State the name of a loan applicant whose social security number is on the list and may not make a loan to that applicant for the purchase of a motor vehicle. Effective January 1, 2005.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB4127 |
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LRB093 17652 DRH 44229 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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)
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| 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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| (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 | 24 |
| vehicle in this
State must be made by the owner to the | 25 |
| Secretary of State on the form
prescribed and must contain:
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| 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 ;
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| 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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LRB093 17652 DRH 44229 b |
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| 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
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| second division, whether for-hire, not-for-hire, or both | 6 |
| for-hire and
not-for-hire;
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| 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;
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| 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
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| 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
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| 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.
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| (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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| (c) If the application refers to a vehicle last previously
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| registered in another State or country, the application must | 3 |
| contain or
be accompanied by:
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| 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
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| 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.
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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 | 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.
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| (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.
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| (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 |
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| payment or
determination of exemption from the Department, no | 2 |
| certificate of title shall
be issued to the applicant.
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| 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.
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| (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.
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| (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.
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| (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.
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| (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.
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| (Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97; | 35 |
| 90-655, eff.
7-30-98.)
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LRB093 17652 DRH 44229 b |
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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 | 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:
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| 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 ;
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| 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,
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| 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 | 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;
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| 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
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| 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
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| 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 |
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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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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
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| Sec. 4-107. Stolen, converted, recovered and unclaimed | 6 |
| vehicles.
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| (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
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| 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
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| 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.
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| (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.
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| (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 |
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| 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:
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| (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
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| (2) left under a garaging, repairing, parking, or | 9 |
| storage order
signed by the owner, lessor, or other legally | 10 |
| entitled person.
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| Failure to comply with this Section will result in the
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| forfeiture of storage fees for that vehicle involved.
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| (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
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| 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.
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| (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
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| 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 |
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| upon
receipt of a report from the State Police that such | 2 |
| vehicle was stolen or
converted.
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| (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
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| 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.
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| (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.
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| (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
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| within the meaning of this Act.
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| (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
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| 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
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| 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
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| removed from
the replacement dashboard.
The Secretary shall | 6 |
| adopt rules for implementing this subsection (h-1).
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| (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
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| date and location.
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| (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.
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| 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. |
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| The seizing law enforcement agency may:
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| (1) retain the forfeited property for official use; or
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| (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.
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| (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
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| 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
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| time of seizure.
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| (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.
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| (j) The State Police shall notify the Secretary
of State
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| 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.
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| (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 |
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| seizing law enforcement agency may:
| 2 |
| (1) return the vehicle to its owner if such vehicle is | 3 |
| stolen; or
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| (2) confiscate the vehicle and retain it for any | 5 |
| purpose which the law
enforcement agency deems | 6 |
| appropriate; or
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| (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.
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| 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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| 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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| 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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| 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 |
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| 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 |
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| 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.
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|