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Public Act 92-0443
SB1098 Enrolled LRB9205866DHpr
AN ACT concerning vehicles.
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 4-107 as follows:
(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
Sec. 4-107. Stolen, converted, recovered and unclaimed
vehicles.
(a) Every Sheriff, Superintendent of police, Chief of
police or other police officer in command of any Police
department in any City, Village or Town of the State, shall,
by the fastest means of communications available to his law
enforcement agency, immediately report to the State Police,
in Springfield, Illinois, the theft or recovery of any stolen
or converted vehicle within his district or jurisdiction.
The report shall give the date of theft, description of the
vehicle including color, year of manufacture, manufacturer's
trade name, manufacturer's series name, body style, vehicle
identification number and license registration number,
including the state in which the license was issued and the
year of issuance, together with the name, residence address,
business address, and telephone number of the owner. The
report shall be routed by the originating law enforcement
agency through the State Police District in which such agency
is located.
(b) A registered owner or a lienholder may report the
theft by conversion of a vehicle, to the State Police, or any
other police department or Sheriff's office. Such report
will be accepted as a report of theft and processed only if a
formal complaint is on file and a warrant issued.
(c) An operator of a place of business for garaging,
repairing, parking or storing vehicles for the public, in
which a vehicle remains unclaimed, after being left for the
purpose of garaging, repairing, parking or storage, for a
period of 15 days, shall, within 5 days after the expiration
of that period, report the vehicle as unclaimed to the
municipal police when the vehicle is within the corporate
limits of any City, Village or incorporated Town, or the
County Sheriff, or State Police when the vehicle is outside
the corporate limits of a City, Village or incorporated Town.
This Section does not apply to any vehicle:
(1) removed to a place of storage by a law
enforcement agency having jurisdiction, in accordance
with Sections 4-201 and 4-203 of this Act; or
(2) left under a garaging, repairing, parking, or
storage order signed by the owner, lessor, or other
legally entitled person.
Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The State Police shall keep a complete record of all
reports filed under this Section of the Act. Upon receipt of
such report, a careful search shall be made of the records
of the office of the State Police, and where it is found that
a vehicle reported recovered was stolen in a County, City,
Village or Town other than the County, City, Village or Town
in which it is recovered, the State Police shall immediately
notify the Sheriff, Superintendent of police, Chief of
police, or other police officer in command of the Sheriff's
office or Police department of the County, City, Village or
Town in which the vehicle was originally reported stolen,
giving complete data as to the time and place of recovery.
(e) Notification of the theft or conversion of a vehicle
will be furnished to the Secretary of State by the State
Police. The Secretary of State shall place the proper
information in the license registration and title
registration files to indicate the theft or conversion of a
motor vehicle or other vehicle. Notification of the recovery
of a vehicle previously reported as a theft or a conversion
will be furnished to the Secretary of State by the State
Police. The Secretary of State shall remove the proper
information from the license registration and title
registration files that has previously indicated the theft or
conversion of a vehicle. The Secretary of State shall
suspend the registration of a vehicle upon receipt of a
report from the State Police that such vehicle was stolen or
converted.
(f) When the Secretary of State receives an application
for a certificate of title or an application for registration
of a vehicle and it is determined from the records of the
office of the Secretary of State that such vehicle has been
reported stolen or converted, the Secretary of State shall
immediately notify the State Police and shall give the State
Police the name and address of the person or firm titling or
registering the vehicle, together with all other information
contained in the application submitted by such person or
firm.
(g) During the usual course of business the manufacturer
of any vehicle shall place an original manufacturer's vehicle
identification number on all such vehicles manufactured and
on any part of such vehicles requiring an identification
number.
(h) If a manufacturer's vehicle identification number is
missing or has been removed, changed or mutilated on any
vehicle, or any part of such vehicle requiring an
identification number, the State Police shall restore,
restamp or reaffix the vehicle identification number plate,
or affix a new plate bearing the original manufacturer's
vehicle identification number on each such vehicle and on all
necessary parts of the vehicles. A vehicle identification
number so affixed, restored, restamped, reaffixed or replaced
is not falsified, altered or forged within the meaning of
this Act.
(i) If a vehicle or part of any vehicle is found to have
the manufacturer's identification number removed, altered,
defaced or destroyed, the vehicle or part shall be seized by
any law enforcement agency having jurisdiction and held for
the purpose of identification. In the event that the
manufacturer's identification number of a vehicle or part
cannot be identified, the vehicle or part shall be considered
contraband, and no right of property shall exist in any
person owning, leasing or possessing such property, unless
the person owning, leasing or possessing the vehicle or part
acquired such without knowledge that the manufacturer's
vehicle identification number has been removed, altered,
defaced, falsified or destroyed.
Either the seizing law enforcement agency or the State's
Attorney of the county where the seizure occurred may make an
application for an order of forfeiture to the circuit court
in the county of seizure. The application for forfeiture
shall be independent from any prosecution arising out of the
seizure and is not subject to any final determination of such
prosecution. The circuit court shall issue an order
forfeiting the property to the seizing law enforcement agency
if the court finds that the property did not at the time of
seizure possess a valid manufacturer's identification number
and that the original manufacturer's identification number
cannot be ascertained. The seizing law enforcement agency
may:
(1) retain the forfeited property for official use;
or
(2) sell the forfeited property and distribute the
proceeds in accordance with Section 4-211 of this Code,
or dispose of the forfeited property in such manner as
the law enforcement agency deems appropriate.
(i-1) If a motorcycle is seized under subsection (i),
the motorcycle must be returned within 45 days of the date of
seizure to the person from whom it was seized, unless (i)
criminal charges are pending against that person or (ii) an
application for an order of forfeiture has been submitted to
the circuit in the county of seizure or (iii) the circuit
court in the county of seizure has received from the seizing
law enforcement agency and has granted a petition to extend,
for a single 30 day period, the 45 days allowed for return of
the motorcycle. Except as provided in subsection (i-2), a
motorcycle returned to the person from whom it was seized
must be returned in essentially the same condition it was in
at the time of seizure.
(i-2) If any part or parts of a motorcycle seized under
subsection (i) are found to be stolen and are removed, the
seizing law enforcement agency is not required to replace the
part or parts before returning the motorcycle to the person
from whom it was seized.
(j) The State Police shall notify the Secretary of State
each time a manufacturer's vehicle identification number is
affixed, reaffixed, restored or restamped on any vehicle.
The Secretary of State shall make the necessary changes or
corrections in his records, after the proper applications and
fees have been submitted, if applicable.
(k) Any vessel, vehicle or aircraft used with knowledge
and consent of the owner in the commission of, or in the
attempt to commit as defined in Section 8-4 of the Criminal
Code of 1961, an offense prohibited by Section 4-103 of this
Chapter, including transporting of a stolen vehicle or stolen
vehicle parts, shall be seized by any law enforcement agency.
The seizing law enforcement agency may:
(1) return the vehicle to its owner if such vehicle
is stolen; or
(2) confiscate the vehicle and retain it for any
purpose which the law enforcement agency deems
appropriate; or
(3) sell the vehicle at a public sale or dispose of
the vehicle in such other manner as the law enforcement
agency deems appropriate.
If the vehicle is sold at public sale, the proceeds of
the sale shall be paid to the law enforcement agency.
The law enforcement agency shall not retain, sell or
dispose of a vehicle under paragraphs (2) or (3) of this
subsection (k) except upon an order of forfeiture issued by
the circuit court. The circuit court may issue such order of
forfeiture upon application of the law enforcement agency or
State's Attorney of the county where the law enforcement
agency has jurisdiction, or in the case of the Department of
State Police or the Secretary of State, upon application of
the Attorney General.
The court shall issue the order if the owner of the
vehicle has been convicted of transporting stolen vehicles or
stolen vehicle parts and the evidence establishes that the
owner's vehicle has been used in the commission of such
offense.
The provisions of subsection (k) of this Section shall
not apply to any vessel, vehicle or aircraft, which has been
leased, rented or loaned by its owner, if the owner did not
have knowledge of and consent to the use of the vessel,
vehicle or aircraft in the commission of, or in an attempt to
commit, an offense prohibited by Section 4-103 of this
Chapter.
(Source: P.A. 89-433, eff. 12-15-95.)
Passed in the General Assembly May 22, 2001.
Approved August 17, 2001.
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