HB2245ham001 103RD GENERAL ASSEMBLY

Rep. Martin J. Moylan

Filed: 3/22/2023

10300HB2245ham001 LRB103 25366 MXP 59788 a

AMENDMENT TO HOUSE BILL 2245

AMENDMENT NO. ______. Amend House Bill 2245 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by adding Sections 4-110 and 4-111 as follows:

(625 ILCS 5/4-110 new)

Sec. 4-110. Stolen vehicle recovery hotline. In a county having a population of 3,000,000 or more, the county sheriff shall establish with other law enforcement agencies a vehicle theft hotline to facilitate interaction with vehicle manufacturers and vehicle location vendors consistent with the Freedom From Location Surveillance Act. The county sheriff shall collaborate with vehicle manufacturers, dealers, and vehicle location vendors to provide information and assistance to law enforcement officers in the investigation of a vehicular hijacking or kidnapping incident and ensure that consumers are provided with information concerning the hotline, new or used vehicles manufactured with stolen vehicle locator capabilities, and how consumers can activate stolen vehicle locator services by publishing the information in a conspicuous location on the county sheriff's website.

(625 ILCS 5/4-111 new)

Sec. 4-111. Manufacturer's vehicle incident hotline; law enforcement verification; manufacturer statements.

(a) Unless the manufacturer or vehicle location vendor operates an existing vehicle location service line, a manufacturer of any vehicle sold in this State shall maintain a telephone number that is staffed and available to State, county, and local law enforcement agencies and their respective 9-1-1 system call centers or designated dispatch centers 24 hours a day, 7 days a week to assist law enforcement with locating vehicles in the investigation of vehicles stolen in vehicular hijacking incidents or that have been used in the commission of a kidnapping. The hotline for the manufacturer or the manufacturer's vehicle location vendor shall relay vehicle location information, including real-time vehicle location information whenever reasonably possible, to the 9-1-1 call center or designated dispatch center or sworn law enforcement personnel for any of the responding law enforcement agencies, to the best of the manufacturer's or vehicle location vendor's technical capability when:

(1) a warrant or other court order has been issued relating to the vehicle's location information and provided to the manufacturer or the vehicle location vendor;

(2) the vehicle owner lawfully consents to the vehicle location information being shared with the 9-1-1 call center or designated dispatch center and responding law enforcement officials; or

(3) the 9-1-1 call center or designated dispatch center or responding law enforcement officials:

(A) certify to the manufacturer or the vehicle location vendor, that the situation involves a clear and present danger of death or great bodily harm to persons resulting from the vehicular hijacking or kidnapping incident; and

(B) provides adequate verification to the manufacturer or the vehicle location vendor, of their identity as law enforcement.

(b) State, county, and local law enforcement agencies shall use their respective 9-1-1 system call centers or designated dispatch centers for the purpose of verification of law enforcement officers' identities and bona fide incident report numbers related to incidents.

(c) If a vehicle is equipped with functioning vehicle location tracking capability, but the capability is not currently activated, the manufacturer or the vehicle location vendor, shall waive all fees associated with initiating, renewing, reestablishing, or maintaining the vehicle location service the vehicle is equipped with during the investigation of the vehicle being stolen in a vehicular hijacking incident or being used in the commission of kidnapping incident when law enforcement has confirmed that the situation involves a clear and present danger of death or great bodily harm to persons as described in paragraph (3) of subsection (a) and requires disclosure of vehicle location information without delay.

(d) There shall be no cause of action or liability under the laws of this State for a vehicle manufacturer, its subsidiaries, or vendors, or any employee, officer, director, representatives, or contractor of the manufacturer, subsidiary, or vendor, that provides, or in good faith attempts to provide, information or assistance to a law enforcement agency, 9-1-1 call center, or designated dispatch center pursuant to the mechanisms and processes established under this Section.".