625 ILCS 5/4-107
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 4 - Anti-Theft Laws and Abandoned Vehicles

 (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 Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois State Police or the Secretary of State Department of Police and shall give the Illinois State Police or the Secretary of State Department of 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. If the Secretary of State Department of Police receives notification under this subsection (f), it shall conduct an investigation concerning the identity of the registered owner of the stolen or converted vehicle.(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) Except provided in subsection (h-1), 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 Illinois State Police or the Secretary of State Department of 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.(h-1) A person engaged in the repair or servicing of vehicles may reaffix  a  manufacturer's identification number plate on the same damaged vehicle from  which it  was originally removed, if the person reaffixes the original manufacturer's  identification  number plate in place of the identification number plate affixed on a new  dashboard that  has been  installed in the vehicle. The person must notify the Secretary of  State each time  the original manufacturer's identification number plate is reaffixed on a  vehicle. The  person must keep a record indicating that the identification number plate  affixed on the  new dashboard has been removed and has been replaced by the manufacturer's  identification number plate originally affixed on the vehicle. The person also  must keep a  record regarding the status and location of the identification number plate  removed from  the replacement dashboard.  The Secretary shall adopt rules for implementing this subsection (h-1).(h-2) The owner of a vehicle repaired under subsection (h-1) must,  within 90 days of the date of the repairs, contact an officer of the Illinois  State Police Vehicle Inspection Bureau and arrange for an inspection of the  vehicle, by the officer or the officer's designee, at a mutually agreed upon  date and location.(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 Illinois State Police or the Secretary of State Department of 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 2012, 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 Illinois 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. 102-538, eff. 8-20-21.)