Illinois General Assembly - Full Text of Public Act 095-0838
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Public Act 095-0838


 

Public Act 0838 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0838
 
HB5108 Enrolled LRB095 15609 WGH 41610 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 4-205 as follows:
 
    (625 ILCS 5/4-205)  (from Ch. 95 1/2, par. 4-205)
    Sec. 4-205. Record searches.
    (a) When a law enforcement agency authorizing the
impounding of a vehicle does not know the identity of the
registered owner, lienholder or other legally entitled person,
that law enforcement agency will cause the vehicle registration
records of the State of Illinois to be searched by the
Secretary of State for the purpose of obtaining the required
ownership information.
    (b) The law enforcement agency authorizing the impounding
of a vehicle will cause the stolen motor vehicle files of the
State Police to be searched by a directed communication to the
State Police for stolen or wanted information on the vehicle.
When the State Police files are searched with negative results,
the information contained in the National Crime Information
Center (NCIC) files will be searched by the State Police. The
information determined from these record searches will be
returned to the requesting law enforcement agency for that
agency's use in sending a notification by certified mail to the
registered owner, lienholder and other legally entitled
persons advising where the vehicle is held, requesting a
disposition be made and setting forth public sale information.
Notification shall be sent no later than 10 business days after
the date the law enforcement agency impounds or authorizes the
impounding of a vehicle, provided that if the law enforcement
agency is unable to determine the identity of the registered
owner, lienholder or other person legally entitled to ownership
of the impounded vehicle within a 10 business day period after
impoundment, then notification shall be sent no later than 2
days after the date the identity of the registered owner,
lienholder or other person legally entitled to ownership of the
impounded vehicle is determined. Exceptions to a notification
by certified mail to the registered owner, lienholder and other
legally entitled persons are set forth in Section 4-209 of this
Code.
    (c) When ownership information is needed for a towing
service to give notification as required under this Code, the
towing service may cause the vehicle registration records of
the State of Illinois to be searched by the Secretary of State,
and in such case, the towing service also shall give notice to
all lienholders of record within the time period required for
such other notices.
    The written request of a towing service, in the form and
containing the information prescribed by the Secretary of State
by rule, may be transmitted to the Secretary of State in
person, by U.S. mail or other delivery service, by facsimile
transmission, or by other means the Secretary of State deems
acceptable.
    The Secretary of State shall provide the required
information, or a statement that the information was not found
in the vehicle registration records of the State, by U.S. mail
or other delivery service, facsimile transmission, as
requested by the towing service, or by other means acceptable
to the Secretary of State.
    (d) The Secretary of State may prescribe standards and
procedures for submission of requests for record searches and
replies via computer link.
    (e) Fees for services provided under this Section shall be
in amounts prescribed by the Secretary of State under Section
3-821.1 of this Code. Payment may be made by the towing service
using cash, any commonly accepted credit card, or any other
means of payment deemed acceptable by the Secretary of State.
(Source: P.A. 89-179, eff. 1-1-96; 89-433, eff. 12-15-95.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2008