2023 Illinois Compiled Statutes › Chapter 625 - VEHICLES › 625 ILCS 5/ - Illinois Vehicle Code. › Chapter 4 - Anti-Theft Laws and Abandoned Vehicles

(625 ILCS 5/Ch. 4 heading)
CHAPTER 4.  
		ANTI-THEFT LAWS AND ABANDONED VEHICLES
(625 ILCS 5/Ch. 4 Art. I heading)
ARTICLE I.  
		ANTI-THEFT LAWS
(625 ILCS 5/4-100) (from Ch. 95 1/2, par. 4-100)
Sec. 4-100. 
		(Repealed).
(Source: P.A. 85-572. Repealed by P.A. 90-89, eff. 1-1-98.)
(625 ILCS 5/4-101) (from Ch. 95 1/2, par. 4-101)
Sec. 4-101. 
		Applicability of this Chapter.
The provisions of this Chapter apply to all vehicles.
(Source: P.A. 76-1586.)
(625 ILCS 5/4-102) (from Ch. 95 1/2, par. 4-102)
Sec. 4-102. 
		
		Offenses relating to motor vehicles and other
vehicles - Misdemeanors.
(a) It is a violation of this Chapter for:
(1) A person, without authority to do so, to damage a     vehicle or to damage or remove any part of a vehicle;
(2) A person, without authority to do so, to tamper     with a vehicle or go in it, on it, or work or attempt to work any of its parts, or set or attempt to set it in motion;
(3) A person to fail to report a vehicle as unclaimed     in accordance with the provisions of Section 4-107.
(b) Sentence.  A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor.  A person convicted of a violation of
this Section a second or subsequent time, shall be guilty of a Class 4 felony.
(Source: P.A. 86-1209.)
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
(1) A person not entitled to the possession of a     vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen or converted. Knowledge that a vehicle or essential part is stolen or converted may be inferred: (A) from the surrounding facts and circumstances, which would lead a reasonable person to believe that the vehicle or essential part is stolen or converted; or (B) if the person exercises exclusive unexplained possession over the stolen or converted vehicle or essential part, regardless of whether the date on which the vehicle or essential part was stolen is recent or remote;
(2) A person to knowingly remove, alter, deface,     destroy, falsify, or forge a manufacturer's identification number of a vehicle or an engine number of a motor vehicle or any essential part thereof having an identification number;
(3) A person to knowingly conceal or misrepresent the     identity of a vehicle or any essential part thereof;
(4) A person to buy, receive, possess, sell or     dispose of a vehicle, or any essential part thereof, with knowledge that the identification number of the vehicle or any essential part thereof having an identification number has been removed or falsified;
(5) A person to knowingly possess, buy, sell,     exchange, give away, or offer to buy, sell, exchange or give away, any manufacturer's identification number plate, mylar sticker, federal certificate label, State police reassignment plate, Secretary of State assigned plate, rosette rivet, or facsimile of such which has not yet been attached to or has been removed from the original or assigned vehicle. It is an affirmative defense to subsection (a) of this Section that the person possessing, buying, selling or exchanging a plate mylar sticker or label described in this paragraph is a police officer doing so as part of his official duties, or is a manufacturer's authorized representative who is replacing any manufacturer's identification number plate, mylar sticker or Federal certificate label originally placed on the vehicle by the manufacturer of the vehicle or any essential part thereof;
(6) A person to knowingly make a false report of the     theft or conversion of a vehicle to any police officer of this State or any employee of a law enforcement agency of this State designated by the law enforcement agency to take, receive, process, or record reports of vehicle theft or conversion.
(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be 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 (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-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.
(b) Sentence.  A person convicted of a violation of this Section shall
be guilty of a Class 2 felony.
(c) The offenses set forth in subsection (a) of this Section shall not
include the offense set forth in Section 4-103.2 of this Code.
(Source: P.A. 100-745, eff. 8-10-18.)
(625 ILCS 5/4-103.1) (from Ch. 95 1/2, par. 4-103.1)
Sec. 4-103.1. 
		Vehicle theft conspiracy.
(a) Elements of the offense. A
person commits vehicle theft conspiracy when, with intent that a violation
of Section 4-103 of this Code be committed, he agrees with another to the
commission of such an offense.  No person may be convicted of vehicle theft
conspiracy unless an overt act in furtherance of such an agreement is
alleged and proved to have been committed by him or by a co-conspirator,
and the accused is part of a common plan or scheme to engage in the unlawful
activity.
(b) Co-conspirators.  It shall not be a defense to vehicle theft
conspiracy that the person or persons with whom the accused is alleged
to have conspired:
(1) has not been prosecuted or convicted;
(2) has been convicted of a different offense;
(3) is not amenable to justice;
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(c) Sentence.  Vehicle theft conspiracy to violate Section 4-103 of
this Code is a Class 2 felony.  Vehicle theft conspiracy to violate
Section 4-103.2 of this Code is a Class 1 felony.
(Source: P.A. 86-1209.)
(625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2)
Sec. 4-103.2. 
		
		Aggravated offenses relating to motor vehicles and other
vehicles-Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
(1) a person not entitled to the possession of 3 or     more vehicles, 3 or more essential parts of different vehicles, or a combination thereof, to receive, possess, conceal, sell, dispose of or transfer, those vehicles or parts of vehicles at the same time or within a one year period knowing that these vehicles or parts of vehicles are stolen or converted;
(2) a person to buy, receive, possess, sell or     dispose of 3 or more vehicles, 3 or more essential parts of different vehicles, or a combination thereof, at the same time or within a one year period, knowing that the identification numbers of the vehicles or the essential parts with an identification number have been removed or falsified;
(3) a person not entitled to the possession of a     vehicle having a value of $25,000 or greater to receive, possess, conceal, sell, dispose or transfer the vehicle, knowing that the vehicle has been stolen or converted;
(4) a person to knowingly possess, buy, sell,     exchange or give away, at the same time or within a one year period, 3 or more manufacturer's identification number plates, mylar stickers, federal certificate labels, State Police reassignment plates, Secretary of State assigned plates or a facsimile of those items, or a combination thereof, which have not yet been attached to or have been removed from an original or assigned vehicle or essential part of a vehicle.  It is an affirmative defense that the person possessing, buying, selling or exchanging a plate, mylar sticker or label is a police officer doing so as part of his official duties, or is a manufacturer's authorized representative who is replacing any manufacturer's identification number plate, mylar sticker or federal certificate label originally placed on a vehicle by the manufacturer of a vehicle or any essential part of a vehicle;
(5) a person not entitled to the possession of any     second division vehicle, semitrailer, farm tractor, tow truck, rescue squad vehicle, medical transport vehicle, fire engine, special mobile equipment, dump truck, truck mounted transit mixer, crane or the engine, transmission, cab, cab clip or vehicle cowl of any of the above vehicles, to receive, possess, conceal, sell, dispose of or transfer the vehicle or vehicle part described in this paragraph knowing it is stolen or converted;
(6) a person not entitled to the possession of a     vehicle which is owned or operated by a law enforcement agency to receive, possess, conceal, sell, or dispose of or transfer such vehicle knowing it is the property of a law enforcement agency and knowing it to be stolen or converted;
(7) a person:
(A) who is the driver or operator of a vehicle         and is not entitled to the possession of that vehicle and who knows the vehicle is stolen or converted, or
(B) who is the driver or operator of a vehicle         being used to transport or haul a vehicle or essential part of a vehicle and is not entitled to the possession of that vehicle or essential part being transported or hauled and who knows the transported or hauled vehicle or essential part is stolen or converted,
who has been given a signal by a peace officer directing     him to bring the vehicle to a stop, to willfully fail or refuse to obey such direction, increase his speed, extinguish his lights or otherwise flee or attempt to elude the officer.  The signal given by the peace officer may be by hand, voice, siren, or red or blue light. The officer giving the signal, if driving a vehicle, shall display the vehicle's illuminated, oscillating, rotating or flashing red or blue lights, which when used in conjunction with an audible horn or siren would indicate that the vehicle is an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of this Code; or
(8) a person, at the same time or within a one year     period, to make a false report of the theft or conversion of 3 or more vehicles to any police officer or police officers of this State.
(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be 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 (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-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.
(b) The inference contained in paragraph (1) of subsection (a) of
Section 4-103 of this Code shall apply to subsection (a) of this Section.
(c) A person convicted of violating this Section shall be guilty of a
Class 1 felony.
(d) The offenses set forth in subsection (a) of this Section shall not
include the offenses set forth in Section 4-103 of this Code.
(Source: P.A. 93-456, eff. 8-8-03.)
(625 ILCS 5/4-103.3) (from Ch. 95 1/2, par. 4-103.3)
Sec. 4-103.3. Organizer of an aggravated vehicle theft conspiracy.
(a) A person commits the offense of organizer of a vehicle theft
conspiracy if:
(1) the person intentionally violates Section 4-103.2     of this Code with the agreement of 3 or more persons; and
(2) the person is known by other co-conspirators as     the organizer, supervisor, financier or otherwise leader of the conspiracy.
(b) No person may be convicted of organizer of a vehicle theft
conspiracy unless an overt act in furtherance of the agreement is alleged
and proved to have been committed by him or by a co-conspirator, and the
accused is part of a common plan or scheme to engage in the unlawful activity.
(c) It shall not be a defense to organizer of a vehicle theft conspiracy
that the person or persons with whom the accused is alleged to have conspired:
(1) has not been prosecuted or convicted;
(2) has been convicted of a different offense;
(3) is not amenable to justice;
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(d) Notwithstanding Section 8-5 of the Criminal Code of 2012, a person
may be convicted and sentenced for both the offense of organizer of a
vehicle theft conspiracy and any other offense in this Chapter which is the
object of the conspiracy.
(e) Organizer of a vehicle theft conspiracy is a Class X felony.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
Sec. 4-104. Offenses relating to possession of titles and registration.
(a) It is a violation of this Chapter for:
1. A person to possess without authority any     manufacturer's statement of origin, certificate of title, salvage certificate, junking certificate, display certificate of title, registration card, license plate or digital license plate, registration sticker or digital registration sticker, or temporary registration permit, whether blank or otherwise;
2. A person to possess any manufacturer's certificate     of origin, salvage certificate, junking certificate, certificate of title, or display certificate without complete assignment;
3. A person to possess any manufacturer's statement     of origin, salvage certificate, junking certificate, display certificate or certificate of title, temporary registration permit, registration card, license plate or digital license plate, or registration sticker or digital registration sticker knowing it to have been stolen, converted, altered, forged, or counterfeited;
4. A person to display or affix to a vehicle any     certificate of title, manufacturer's  statement of origin, salvage certificate, junking certificate, display certificate, temporary registration permit, registration card, license plate or digital license plate, or registration sticker or digital registration sticker not authorized by law for use on such vehicle;
5. A person to permit another, not entitled thereto,     to use or have possession of any manufacturer's statement of origin, salvage certificate, junking certificate, display certificate or certificate of title, registration card, license plate or digital license plate, temporary registration permit, or registration sticker or digital registration sticker;
6. A person to fail to mail or deliver to the proper     person, within a reasonable period of time after receipt from the Secretary of State, any certificate of title, salvage certificate, junking certificate, display certificate, registration card, temporary registration permit, license plate or digital license plate, or registration sticker or digital registration sticker. If a person mails or delivers reasonable notice to the proper person after receipt from the Secretary of State, a presumption of delivery within a reasonable period of time shall exist; provided, however, the delivery is made, either by mail or otherwise, within 20 days from the date of receipt from the Secretary of State.
(b) Sentence:
1. A person convicted of a violation of subsection 1     or 2 of paragraph (a) of this Section is guilty of a Class 4 felony.
2. A person convicted of a violation of subsection 3     of paragraph (a) of this Section is guilty of a Class 2 felony.
3. A person convicted of a violation of either     subsection 4 or 5 of paragraph (a) of this Section is guilty of a Class A misdemeanor and upon a second or subsequent conviction of such a violation is guilty of a Class 4 felony.
4. A person convicted of a violation of subsection 6     of paragraph (a) of this Section is guilty of a petty offense.
(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
Sec. 4-105. Offenses relating to disposition of titles and registration.
(a)  It is a violation of this Chapter for:
1.  a person to alter, forge, or counterfeit any     manufacturer's statement of origin, certificate of title, salvage certificate, junking certificate, display certificate, registration sticker or digital registration sticker, registration card, or temporary registration permit;
2.  a person to alter, forge, or counterfeit an     assignment of any manufacturer's  statement of origin, certificate of title, salvage certificate or junking certificate;
3.  a person to alter, forge, or counterfeit a     release of a security interest on any manufacturer's statement of origin, certificate of title, salvage certificate or junking certificate;
4.  a person to alter, forge, or counterfeit an     application for any certificate of title, salvage certificate, junking certificate, display certificate, registration sticker or digital registration sticker, registration card, temporary registration permit or license plate;
5. a person to use a false or fictitious name or     address or altered, forged, counterfeited or stolen manufacturer's identification number, or make a material false statement, or fail to disclose a security interest, or conceal any other material fact on any application for any manufacturer's statement of origin, certificate of title, junking certificate, salvage certificate, registration card, license plate or digital license plate, temporary registration permit, or registration sticker or digital registration sticker, or commit a fraud in connection with any application under this Act;
6. an unauthorized person to have in his possession a     blank Illinois certificate of title paper;
7. a person to surrender or cause to be surrendered     any certificate of title, salvage or junking certificate in exchange for a certificate of title or other title document from any other state or foreign jurisdiction for the purpose of changing or deleting an "S.V." or "REBUILT" notation, odometer reading, or any other information contained on such Illinois certificate.
(b) Sentence. A person convicted of a violation of this Section shall be guilty of a
Class 2 felony.
(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
(625 ILCS 5/4-105.1) (from Ch. 95 1/2, par. 4-105.1)
Sec. 4-105.1. 
		
		Offenses relating to deletion or falsification
of information on title document.
(a) It is a violation of this Code
for a person to knowingly, with the intent to defraud, surrender or cause
to be surrendered any manufacturer's statement of origin, certificate of
title, salvage certificate, junking certificate, or other title document,
in exchange for a certificate of title or other title document of this State
or of any other State or foreign jurisdiction which results in or attempts to
result in:
1. The deletion of the words "S.V.", "REBUILT" or     similar notation.
2. The falsification of an odometer reading; or
3. The alteration or deletion of any other     information required to be contained on such certificate of title or any other title document of any State or foreign jurisdiction.
(b) Presumptions.  A title surrendered to another jurisdiction that is
subsequently submitted to any person, corporation, or other legal entity,
residing or doing business within Illinois, the following presumption shall
apply; if the title document fails to contain all of the previous information
required by Illinois law, it shall be presumed to have been done so knowingly.
It shall be a rebuttable presumption that any title document surrendered
or submitted with a false odometer reading shall be presumed to have been done
so knowingly.
(c) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor. A person convicted of
violating this Section a second or subsequent time shall be guilty of a Class 3
felony.
(Source: P.A. 91-571, eff. 1-1-00.)
(625 ILCS 5/4-105.5) (from Ch. 95 1/2, par. 4-105.5)
Sec. 4-105.5. Attempt. As defined in Section 8-4 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 5/4-106) (from Ch. 95 1/2, par. 4-106)
Sec. 4-106. 
		Principals.
It shall be a violation of the provisions of this Chapter for a person,
whether present or absent, to aid, abet, induce, procure or cause the
commission of an act which, if done directly by him, would constitute a
violation of the provisions of this Chapter.
(Source: P.A. 76-1586.)
(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 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.)
(625 ILCS 5/4-108) (from Ch. 95 1/2, par. 4-108)
Sec. 4-108. 
		Violations of this Chapter. 
		(a) Any person who violates or
aids or abets in the violation of any of the provisions of Section 4-102,
4-103,  4-104 or 4-105 shall be guilty of such offense and be subject to
the same sentence as if he had committed the offense himself.
(b) Any person who is convicted of any offense under Chapter 4 of this
Act, in addition to any other fines or penalties provided therein, may be
required to compensate the victim, if known, involved in the related offense,
for any loss that the victim sustains to his person or property.
(c) The amount and method of payment of the compensation award shall
be determined at the time of the conviction.
(d) For purposes of this Section, "victim" shall mean the owner or other
legally entitled person.
(Source: P.A. 83-1473.)
(625 ILCS 5/4-109)
Sec. 4-109. Motor Vehicle Theft Prevention Program. The Secretary of
State, in conjunction with the Motor Vehicle Theft Prevention and Insurance Verification Council, is
hereby authorized to establish and operate a Motor Vehicle Theft Prevention
Program as follows:
(a) Voluntary program participation.
(b) The registered owner of a motor vehicle interested in participating in
the program shall sign an informed consent agreement designed by the Secretary
of State under subsection (e) of this Section indicating that the motor vehicle
registered to him is not normally operated between the hours of 1:00 a.m. and
5:00 a.m.  The form and fee, if any, shall be submitted to the Secretary of
State for processing.
(c) Upon processing the form, the Secretary of State shall issue to the
registered owner a decal.  The registered owner shall affix the decal in a
conspicuous place on his motor vehicle as prescribed by the Secretary of State.
(d) Whenever any law enforcement officer shall see a motor vehicle
displaying a decal issued under the provisions of subsection (c) of this
Section being operated upon the public highways of this State between the
hours of 1:00 a.m. and 5:00 a.m., the officer is authorized to stop that
motor vehicle and to request the driver to produce a valid driver's license
and motor vehicle registration card if required to be carried in the
vehicle. Whenever the operator of a motor
vehicle displaying a decal is unable to produce the documentation set forth
in this Section, the police officer shall investigate further to determine
if the person operating the motor vehicle is the registered owner or has
the authorization of the owner to operate the vehicle.
(e) The Secretary of State, in consultation with the Director of the Illinois State Police and Motor Vehicle Theft Prevention and Insurance Verification Council,
shall design the manner and form of the informed consent agreement required
under subsection (b) of this Section and the decal required under subsection
(c) of this Section.
(f) The Secretary of State shall provide for the recording of
registered owners of motor vehicles who participate in the program.  The
records shall be available to all law enforcement departments, agencies,
and forces.  The Secretary of State shall cooperate with and assist all law
enforcement officers and other agencies in tracing or examining any
questionable motor vehicles in order to determine the ownership of the motor
vehicles.
(g) A fee not to exceed $10 may be charged for the informed consent form
and decal provided under this Section.  The fee, if any, shall be set by the
Motor Vehicle Theft Prevention and Insurance Verification Council and shall be collected by the Secretary
of State and deposited into the Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Trust Fund.
(h) The Secretary of State, in consultation with the Director of the Illinois State Police and the Motor Vehicle Theft Prevention and Insurance Verification Council
shall promulgate rules and regulations to effectuate the purposes of this
Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-904, eff. 1-1-23.)
(625 ILCS 5/4-110)
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.
(Source: P.A. 103-300, eff. 1-1-24.)
(625 ILCS 5/4-111)
Sec. 4-111. Manufacturer's vehicle incident hotline; law enforcement verification; manufacturer statements.
(a) Unless the manufacturer or its 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; or
(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) provides adequate verification to the         manufacturer or the vehicle location vendor, of their identity as law enforcement and the identity of the responding law enforcement official; and
(B) the responding law enforcement officials         shall 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.
(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) A vehicle manufacturer or a subsidiary, vendor, employee, officer, director, representative, or contractor of the vehicle manufacturer shall not be liable and no cause of action shall arise under the laws of this State for providing, or in good faith attempting 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.
(Source: P.A. 103-300, eff. 1-1-24.)
(625 ILCS 5/Ch. 4 Art. II heading)
ARTICLE II.  
		ABANDONED, LOST,
STOLEN OR UNCLAIMED VEHICLES
(625 ILCS 5/4-201) (from Ch. 95 1/2, par. 4-201)
Sec. 4-201. 
		Abandonment of vehicles prohibited.
(a) The abandonment of a
vehicle or any part thereof on any highway in this State is unlawful and
subject to penalties as set forth under Penalty Section 4-214 of this Chapter.
(b) The abandonment of a vehicle or any part thereof on private or
public property, other than a highway, in view of the general public,
anywhere in this State is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal, by a law
enforcement agency having jurisdiction, after a waiting period of 7 days
or more, or may be removed immediately if determined to be a hazardous
dilapidated motor vehicle under Section 11-40-3.1 of the Illinois Municipal
Code. A violation of subsections (a) or (b) of this Section is subject to
penalties as set forth
under Section 4-214 of this Chapter.
(c) A towing service may begin to process an unclaimed vehicle as
abandoned by requesting a record search by the Secretary of State up to 10 days
after the date of the tow, or any later date acceptable to the Secretary of
State. This subsection (c) shall not apply to
vehicles towed by order or authorization of a law enforcement agency.
(Source: P.A. 90-330, eff. 8-8-97.)
(625 ILCS 5/4-202) (from Ch. 95 1/2, par. 4-202)
Sec. 4-202. Abandoned, lost, stolen or unclaimed vehicle notification
to law enforcement agencies. 
When an abandoned, lost, stolen or unclaimed vehicle comes into the
temporary possession or custody of a person in this State, not the owner
of the vehicle, such person shall immediately notify the municipal
police when the vehicle is within the corporate limits of any city,
village or town having a duly authorized police department, or the State
Police or the county sheriff when the vehicle is outside the corporate
limits of a city, village or town. Upon receipt of such notification,
the municipal police, Illinois State Police or county sheriff will authorize a
towing service to remove and take possession of the abandoned, lost,
stolen or unclaimed vehicle. The towing service will safely keep the
towed vehicle and its contents, maintain a record of the tow as set
forth in Section 4-204 for law enforcement agencies, until the vehicle
is claimed by the owner or any other person legally entitled to
possession thereof or until it is disposed of as provided in this
Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
Sec. 4-203. Removal of motor vehicles or other vehicles; towing or
hauling away.
(a) When a vehicle is abandoned, or left unattended, on a toll
highway, interstate highway, or expressway for 2 hours or more, its
removal by a towing service may be authorized by a law enforcement
agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban district for 10
hours or more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(c) When a vehicle is abandoned or left unattended on a highway
other than a toll highway, interstate highway, or expressway, outside of
an urban district for 24 hours or more, its removal by a towing service
may be authorized by a law enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned, or partially
dismantled vehicle is creating a traffic hazard because of its position
in relation to the highway or its physical appearance is causing the
impeding of traffic, its immediate removal from the highway or private
property adjacent to the highway by a towing service may be authorized
by a law enforcement agency having jurisdiction.
(e) Whenever a
peace officer reasonably believes that a person under
arrest for a violation of Section 11-501 of this Code or a similar
provision of a local ordinance is likely, upon release, to commit a
subsequent violation of Section 11-501, or a similar provision of a local
ordinance, the arresting officer shall have the vehicle which the person
was operating at the time of the arrest impounded for a period of 12 hours after the time of arrest. However, such vehicle may be
released by the arresting law enforcement agency prior to the end of the
impoundment period if:
(1) the vehicle was not owned by the person under     arrest, and the lawful owner requesting such release possesses a valid operator's license, proof of ownership, and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner, or who would otherwise, by operating such motor vehicle, be in violation of this Code; or
(2) the vehicle is owned by the person under arrest,     and the person under arrest gives permission to another person to operate such vehicle, provided however, that the other person possesses a valid operator's license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or who would otherwise, by operating such motor vehicle, be in violation of this Code.
(e-5) Whenever a registered owner of a vehicle is taken into custody for
operating the vehicle in violation of Section 11-501 of this Code or a similar
provision of a local ordinance or Section 6-303 of this Code, a
law enforcement officer
may have the vehicle immediately impounded for a period not less than:
(1) 24 hours for a second violation of Section 11-501     of this Code or a similar provision of a local ordinance or Section 6-303 of this Code or a combination of these offenses; or
(2) 48 hours for a third violation of Section 11-501     of this Code or a similar provision of a local ordinance or Section 6-303 of this Code or a combination of these offenses.
The vehicle may be released sooner if the vehicle is owned by the person
under arrest and the person under arrest gives permission to another person to
operate the vehicle and that other person possesses a valid operator's license
and would not, as determined by the arresting law enforcement agency, indicate
a lack of ability to operate a motor vehicle in a safe manner or would
otherwise, by operating the motor vehicle, be in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the owner or
lessor of privately owned real property within this State, or any person
authorized by such owner or lessor, or any law enforcement agency in the
case of publicly owned real property may cause any motor vehicle abandoned
or left unattended upon such property without permission to be removed by a
towing service without liability for the costs of removal, transportation
or storage or damage caused by such removal, transportation or storage.
The towing or removal of any vehicle from private property without the
consent of the registered owner or other legally authorized person in
control of the vehicle is subject to compliance with the following
conditions and restrictions:
1. Any towed or removed vehicle must be stored at the     site of the towing service's place of business.  The site must be open during business hours, and for the purpose of redemption of vehicles, during the time that the person or firm towing such vehicle is open for towing purposes.
2. The towing service shall within 30 minutes of     completion of such towing or removal, notify the law enforcement agency having jurisdiction of such towing or removal, and the make, model, color, and license plate number of the vehicle, and shall obtain and record the name of the person at the law enforcement agency to whom such information was reported.
3. If the registered owner or legally authorized     person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one-half  the posted rate of the towing service as provided in paragraph 6 of this subsection, for which a receipt shall be given.
4. The rebate or payment of money or any other     valuable consideration from the towing service or its owners, managers, or employees to the owners or operators of the premises from which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited.  Any individual who violates this paragraph shall be guilty of a Class A misdemeanor.
5. Except for property appurtenant to and obviously a     part of a single family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator's expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:
a. Except as otherwise provided in subparagraph         a.1 of this subdivision (f)5, the notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within 5 feet from the public right-of-way line.  If there are no curbs or access barriers, the sign must be posted not less than one sign each 100 feet of lot frontage.
a.1. In a municipality with  a population of less         than 250,000, as an alternative to the requirement of subparagraph a of this subdivision (f)5, the notice for a parking lot contained within property used solely for a 2-family, 3-family, or 4-family residence may be prominently placed at the perimeter of the parking lot, in a position where the notice is visible to the occupants of vehicles entering the lot.
b. The notice must indicate clearly, in not less         than 2 inch high light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense.
c. The notice must also provide the name and         current telephone number of the towing service towing or removing the vehicle.
d. The sign structure containing the required         notices must be permanently installed with the bottom of the sign not less than 4 feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.
6. Any towing service that tows or removes vehicles     and proposes to require the owner, operator, or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services, and post at the storage site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize them to remove vehicles as provided in this Section. The towing and storage charges, however, shall not exceed the maximum allowed by the Illinois Commerce Commission  under Section 18a-200.
7. No person shall engage in the removal of vehicles     from private property as described in this Section without filing a notice of intent in each community where he intends to do such removal, and such notice shall be filed at least 7 days before commencing such towing.
8. No removal of a vehicle from private property     shall be done except upon express written instructions of the owners or persons in charge of the private property upon which the vehicle is said to be trespassing.
9. Vehicle entry for the purpose of removal shall be     allowed with reasonable care on the part of the person or firm towing the vehicle.  Such person or firm shall be liable for any damages occasioned to the vehicle if such entry is not in accordance with the standards of reasonable care.
9.5. Except as authorized by a law enforcement     officer, no towing service shall engage in the removal of a commercial motor vehicle that requires a commercial driver's license to operate by operating the vehicle under its own power on a highway.
10. When a vehicle has been towed or removed pursuant     to this Section, it must be released to its owner, custodian, agent, or lienholder within one-half hour after requested, if such request is made during business hours.  Any vehicle owner,  custodian, agent, or lienholder shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle.  A detailed, signed receipt showing the legal name of the towing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not.
This Section shall not apply to law enforcement,     firefighting, rescue, ambulance, or other emergency vehicles which are marked as such or to property owned by any governmental entity.
When an authorized person improperly causes a motor     vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation and storage, any damages resulting from the removal, transportation and storage, attorney's fee and court costs.
Any towing or storage charges accrued shall be     payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.
11. Towing companies shall also provide insurance     coverage for areas where vehicles towed under the provisions of this Chapter will be impounded or otherwise stored, and shall adequately cover loss by fire, theft, or other risks.
Any person who fails to comply with the conditions and restrictions of
this subsection shall be guilty of a Class C misdemeanor and shall be fined
not less than $100 nor more than $500.
(g)(1)  When a vehicle is determined to be a hazardous dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code or Section 5-12002.1 of the Counties Code, its
removal and impoundment by a towing service may be authorized by a law
enforcement agency with appropriate jurisdiction.
(2) When a vehicle removal from either public or private property is
authorized by a law enforcement agency, the owner of the vehicle shall be
responsible for all towing and storage charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing service authorized by a law enforcement agency in
compliance with this Section and Sections 4-201 and 4-202
of this Code, or at the request of the vehicle owner or operator,
shall
be subject to a possessor lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act. The provisions of Section 1 of that Act relating to notice
and implied consent shall be deemed satisfied by compliance with Section
18a-302 and subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance with subsection
(6) of Section 18a-200 of this Code.  In no event shall such lien be
increased or altered to reflect any charge for services or materials
rendered in addition to those authorized by this Code.  Every such lien
shall be payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.
(4) Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this
subsection
(g) shall likewise be subject to that lien, excepting only:
 child restraint systems as defined in Section 4 of the Child Passenger Protection Act and other child booster seats; eyeglasses; food; medicine;  perishable property; any operator's licenses; any cash, credit
cards, or checks or checkbooks; any wallet, purse, or other property
containing any operator's license or other identifying documents or materials,
cash, credit cards, checks, or checkbooks; and any personal property belonging to a person other than the vehicle owner if that person provides adequate proof that the personal property belongs to that person. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property excepted under this paragraph (4) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the  vehicle owner.
(5) This paragraph (5) applies only in the case of  a  vehicle that is towed as a result of being involved in a crash.  In addition to the personal property excepted under paragraph (4), all other personal property in a vehicle subject to a lien under this subsection (g) is exempt from that lien and may be claimed by the vehicle owner if the vehicle owner provides the commercial vehicle relocator or towing service with proof that the vehicle owner has an insurance policy covering towing and storage fees. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property in a vehicle subject to a lien under this subsection (g) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the  vehicle owner and proof that the vehicle owner has an insurance policy covering towing and storage fees. The regulation of liens on personal property and exceptions to those liens  in the case of  vehicles towed as a result of being involved in a crash are
exclusive powers and functions of the State. A home
rule unit may not regulate liens on personal property and exceptions to those liens  in the case of  vehicles towed as a result of being involved in a crash. This paragraph (5) is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(6) No lien under this subsection (g) shall:
exceed $2,000 in its total amount; or
be increased or altered to reflect any charge for services or
materials rendered in addition to those authorized by this Code.
(h) Whenever a peace officer issues a citation to a driver for a violation of subsection (a) of Section 11-506 of this Code, the arresting officer may have the vehicle which the person was operating at the time of the arrest impounded for a period of 5 days after the time of arrest.
   An impounding agency shall release a motor vehicle impounded under this subsection (h) to the registered owner of the vehicle under any of the following circumstances:
(1) if the vehicle is a stolen vehicle; or
(2) if the person ticketed for a violation of     subsection (a) of Section 11-506 of this Code was not authorized by the registered owner of the vehicle to operate the vehicle at the time of the violation; or
(3) if the registered owner of the vehicle was     neither the driver nor a passenger in the vehicle at the time of the violation or was unaware that the driver was using the vehicle to engage in street racing; or
(4) if the legal owner or registered owner of the     vehicle is a rental car agency; or
(5) if, prior to the expiration of the impoundment     period specified above, the citation is dismissed or the defendant is found not guilty of the offense.
(i) Except for vehicles exempted under subsection (b) of Section 7-601 of this Code, whenever a law enforcement officer issues a citation to a driver for a violation of Section 3-707 of this Code, and the driver has a prior  conviction for a violation of Section 3-707 of this Code in the past 12 months, the arresting officer shall authorize the removal and impoundment of the vehicle by a towing service.
(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
(625 ILCS 5/4-203.5)
Sec. 4-203.5. Tow rotation list.
(a)  Each law enforcement agency whose duties include the patrol of highways in this State shall maintain a tow rotation list which shall be used by law enforcement officers authorizing the tow of  a vehicle within the jurisdiction of  the law enforcement agency. To ensure adequate response time, a law enforcement agency may maintain multiple tow rotation lists, with each tow rotation list covering tows authorized in different geographic locations within the jurisdiction of the law enforcement agency.  A towing service may be included on more than one tow rotation list.
(b) Any towing service operating  within the jurisdiction of a law enforcement agency may submit an application in a form and manner prescribed by the law enforcement agency for inclusion on the law enforcement agency's tow rotation list. The towing service does not need to be located within the jurisdiction of the law enforcement agency. To be included on a tow rotation list the towing service must meet the following requirements:
(1)   possess a license permitting the towing service     to operate in every unit of local government in the law enforcement agency's jurisdiction that  requires a license for the operation of a towing service;
(2)   if required by the law enforcement agency for     inclusion on that law enforcement agency's tow rotation list, each owner of the towing service and each person operating a vehicle on behalf of the towing service shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police.  These fingerprints should be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation.  These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases.  The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check.  The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information to the law enforcement agency maintaining the tow rotation list and shall forward the national criminal history record information to the law enforcement agency maintaining the tow rotation list. A person may not own a towing service or operate a vehicle on behalf of a towing service included on a tow rotation list if that person has been convicted during the 5 years preceding the application of a criminal offense involving one or more of the following:
(A)  bodily injury or attempt to inflict bodily         injury to another person;
(B)  theft of property or attempted theft of         property; or
(C)  sexual assault or attempted sexual assault         of any kind;
(3)   each person operating a vehicle on behalf of     the towing service must be classified for the type of towing operation he or she shall be performing and the vehicle he or she shall be operating;
(4)   possess and maintain the following insurance in     addition to any other insurance required by law:
(A)   comprehensive automobile liability         insurance with a minimum combined single limit coverage of $1,000,000;
(B)  commercial general liability insurance with         limits of not less than $1,000,000 per occurrence, $100,000 minimum  garage keepers legal liability insurance, and $100,000 minimum on-hook coverage or cargo insurance; and
(C)  a worker's compensation policy covering         every person operating a tow truck on behalf of the towing service, if required under current law;
(5)   possess a secure parking lot used for     short-term vehicle storage after a vehicle is towed that is open during business hours and is equipped with security features as required by the law enforcement agency;
(6)   utilize only vehicles that possess a valid     vehicle registration, display a valid Illinois license plate in accordance with Section 5-202 of this Code, and comply with the weight requirements of this Code;
(7)   every person operating a towing or recovery     vehicle on behalf of the towing service must have completed a Traffic Incident Management Training Program approved by the Department of Transportation;
(8)    hold a valid authority issued to it by the     Illinois Commerce Commission;
(9)   comply with all other applicable federal,     State, and local laws; and
(10) comply with any additional requirements the     applicable law enforcement agency deems necessary.
The law enforcement agency may  select which towing services meeting the requirements of this subsection (b) shall be included on a tow rotation list.  The law enforcement agency may choose to have only one towing service on  its tow rotation list. Complaints regarding the process for inclusion on a tow rotation list or the use of a tow rotation list may be referred in writing to the head of the law enforcement agency administering that tow rotation list. The head of the law enforcement agency shall make the final determination as to which qualified towing services shall be included on a tow rotation list, and shall not be held liable for the exclusion of any towing service from a tow rotation list.
(c) Whenever a law enforcement officer initiates a tow of a vehicle, the officer shall contact his or her law enforcement agency and inform the agency that a tow has been authorized. The law enforcement agency shall then select a towing service from the law enforcement agency's tow rotation list corresponding to the geographical area where the tow was authorized, and shall contact that towing service directly by phone, computer, or similar means. Towing services shall be contacted in the order listed on the appropriate tow rotation list, at which point the towing service shall be placed at the end of that tow rotation list. In the event a listed towing service is not available, the next listed towing service on that tow rotation list shall be contacted.
(d) A law enforcement agency may deviate from the order listed on a  tow rotation list if the towing service next on that tow rotation list is, in the judgment of the authorizing officer or the law enforcement agency making the selection, incapable of or not properly equipped for handling a specific task related to the tow that requires special skills or equipment. A deviation from the order listed on the tow rotation list for this reason shall not cause a loss of rotation turn by the towing service determined to be incapable or not properly equipped for handling the request.
(e) In the event of an emergency a law enforcement officer or agency, taking into account the safety and location of the situation, may deviate from the order of the tow rotation list and obtain towing service from any source deemed appropriate.
(f) If the owner or operator of a disabled vehicle is present at the scene of the disabled vehicle, is not under arrest, and does not abandon his or her vehicle, and in the law enforcement officer's opinion the disabled vehicle is not impeding or obstructing traffic, illegally parked, or posing a security or safety risk, the law enforcement officer shall allow the owner of the vehicle to specify a towing service to relocate the disabled vehicle. If the owner chooses not to specify a towing service, the law enforcement agency shall select a towing service for the vehicle as provided in subsection (c) of this Section.
(g)  If a tow operator is present or arrives where a tow is needed and it has not been requested by the law enforcement agency or the owner or operator, the law enforcement officer, unless acting under Section 11-1431 of this Code, shall advise the tow operator to leave the scene.
(h) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23.)
(625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
Sec. 4-204. Police tows; reports, release of vehicles, payment. When
a vehicle is authorized to be towed away as provided in Section
4-202 or 4-203:
(a) The authorization, any hold order, and any     release shall be in writing, or confirmed in writing, with a copy given to the towing service.
(b) The police headquarters or office of the law     officer authorizing the towing shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, Vehicle Identification Number, license plate or digital license plate year and number and registration sticker or digital registration sticker year and number displayed on the vehicle.  The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.
(c) The owner, operator, or other legally entitled     person shall be responsible to the towing service for payment of applicable removal, towing, storage, and processing charges and collection costs associated with a vehicle towed or held under order or authorization of a law enforcement agency.  If a vehicle towed or held under order or authorization of a law enforcement agency is seized by the ordering or authorizing agency or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale.  If applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction.  That payment shall not, however, exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person.
(d) Upon delivery of a written release order to the     towing service, a vehicle subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs.
(Source: P.A. 101-395, eff. 8-16-19.)
(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 Illinois State Police to be
searched by a directed communication to the Illinois State Police for stolen or
wanted information on the vehicle. When the Illinois State Police files are
searched with negative results, the information contained in the
National Crime Information Center (NCIC) files will be searched by the Illinois
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. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-206) (from Ch. 95 1/2, par. 4-206)
Sec. 4-206. Identifying and tracing of vehicle ownership by Illinois
State Police.
When the registered owner, lienholder or other person legally entitled to the
possession of a vehicle cannot be identified from the registration files
of this State or from the registration files of a foreign state, if
applicable, the law enforcement agency having custody of the vehicle
shall notify the Illinois State Police, for the purpose of identifying the
vehicle owner or other person legally entitled to the possession of the
vehicle. The information obtained by the Illinois State Police will be
immediately forwarded to the law enforcement agency having custody of
the vehicle for notification purposes as set forth in Section
4-205 of this Code.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-207) (from Ch. 95 1/2, par. 4-207)
Sec. 4-207. 
		Reclaimed vehicles; expenses.
(a) Any time before a vehicle is sold at public sale or disposed of as
provided in Section 4-208, the owner, lienholder or other person legally
entitled to its possession may reclaim the vehicle by presenting
to the law enforcement agency having custody of the vehicle proof of ownership
or proof of the right to possession of the vehicle.
(b) No vehicle shall be released to the owner, lienholder, or other person
under this Section until all towing, storage, and processing charges have been
paid.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
Sec. 4-208. Disposal of unclaimed vehicles.
(a) In cities having a
population of more than 500,000, whenever an abandoned, lost, stolen or
unclaimed vehicle, or vehicle determined to be a hazardous dilapidated
motor vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
remains unclaimed by the registered owner, lienholder or other legally
entitled person for a period of 18 days after notice has been given under
Sections 4-205 and 4-206 of this Code, if during that 18 days the possessor of the vehicle has sent an additional notice by first class mail to the registered owner, lienholder, or other legally entitled person, the vehicle shall be disposed,
pursuant to the provisions of the "Municipal purchasing act for cities of
500,000 or more population", to a person licensed as an automotive parts
recycler, rebuilder or scrap processor under Chapter 5 of this Code. With respect to any vehicle that has been booted, impounded, or both in accordance with subsection (c) of Section 11-208.3, a city with a population over 500,000 may establish a program whereby the registered owner, lienholder, or other legally entitled person is entitled to any proceeds from the disposition of the vehicle, less any reasonable storage charges, administrative fees, booting fees, towing fees, and parking and compliance fines and penalties.
(b) Except as provided in Section 4-208 for cities with more than
500,000 inhabitants, when an abandoned, lost, stolen or unclaimed
vehicle 7 years of age or newer remains unclaimed by the registered
owner, lienholder or other legally entitled persons for a
period of 30 days after notice has been given as provided in Sections 4-205
and 4-206 of this Code, the law enforcement agency or towing service having
possession of the vehicle shall cause it to be sold at public auction to a
person licensed as an automotive parts recycler, rebuilder or scrap
processor under Chapter 5 of this Code or the towing operator which towed
the vehicle.  Notice of the time and place of the
sale shall be posted in a conspicuous place for at least 10 days prior to
the sale on the premises where the vehicle has been impounded. At least 10
days prior to the sale, the law enforcement agency where the vehicle is
impounded, or the towing service where the vehicle is impounded, shall
cause a notice of the time and place of the sale to be sent by certified
mail to the registered owner, lienholder, or other legally entitled persons. Notice as provided in Sections 4-205 and 4-206 of this Code and as
provided in this subsection (b) shall state the time and place of
sale and shall
contain a complete description
of the vehicle to be sold and what steps must be taken by any legally
entitled person to reclaim the vehicle.
(c) If an abandoned, lost, stolen, or unclaimed vehicle displays dealer
plates, notice under this Section and Section 4-209 of this Code shall be sent
to both the dealer and the registered owner, lienholder, or other legally
entitled persons.
(d) In those instances where the certified notification specified in
Sections 4-205 and 4-206 of this Code has been returned by the postal
authorities to the law enforcement agency or towing service, the sending of a second
certified notice will not be required.
(Source: P.A. 94-650, eff. 1-1-06.)
(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
Sec. 4-209. Disposal of unclaimed vehicles more than 7 years of age;
disposal of abandoned or unclaimed vehicles without notice.
(a) When the identity of the registered owner, lienholder, or
other legally entitled persons of an abandoned, lost, or unclaimed
vehicle of 7 years of age or newer cannot be determined by any means
provided for in this Chapter, the vehicle may be sold as provided in
Section 4-208 without notice to any person whose identity cannot be determined.
(b) When an abandoned vehicle of more than 7 years of age is
impounded as specified by this Chapter, or when any such vehicle is towed at
the request or with the consent of the owner or operator and is subsequently
abandoned, it will be kept in custody or storage for a
minimum of 10 days for the purpose of determining the identity of the
registered owner, lienholder, or other legally entitled persons
and contacting the registered owner, lienholder, or other legally entitled
persons by the U. S. Mail, public service or
in person for a determination of disposition; and, an examination of the Illinois
State Police stolen vehicle files for theft and wanted information. At
the expiration of the 10 day period, without the benefit of disposition
information being received from the registered owner,
lienholder, or other legally entitled persons, the vehicle may be disposed of
in either of the following ways:
(1) The law enforcement agency having jurisdiction     will authorize the disposal of the vehicle as junk or salvage.
(2) The towing service may sell the vehicle in the     manner provided in Section 4-208 of this Code, provided that this paragraph (2) shall not apply to vehicles towed by order or authorization of a law enforcement agency.
(c) A vehicle classified as an antique vehicle, expanded-use antique vehicle, custom vehicle, or
street rod may however be sold
to a person desiring to restore it.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-209.1) (from Ch. 95 1/2, par. 4-209.1)
Sec. 4-209.1. 
		Disposal of hazardous dilapidated motor vehicles. 
		Any
hazardous dilapidated motor vehicle impounded pursuant to the provisions of
this Article and Section 11-40-3.1 of the Illinois Municipal Code, whether
impounded at a public facility or on the property of private towing
service, shall be kept in custody for a period of 10 days for the purpose
of determining the identity of the registered owner or lienholder and
contacting such owner or lienholder, if known, by regular U.S. Mail.  At
the expiration of the 10-day period, without benefit of disposition
information being received from the registered owner or lienholder, the law
enforcement agency having jurisdiction will authorize the disposal of the
vehicle as junk.
(Source: P.A. 86-460.)
(625 ILCS 5/4-209.2)
Sec. 4-209.2. 
		Collection of unpaid charges. 
		In an action to collect
towing, storage, and processing charges that remain unpaid after disposition of
a vehicle towed or relocated under this Code, the towing service may recover
reasonable collection costs.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-210) (from Ch. 95 1/2, par. 4-210)
Sec. 4-210. 
		Police reports after vehicle is reclaimed or disposed of. 
		When a vehicle in the custody of a law enforcement agency is reclaimed
by the registered owner, lienholder or other legally entitled person, or when the
vehicle is sold at public sale or otherwise disposed of as provided in this
Chapter, a report of the transaction will be maintained by that law
enforcement agency for a period of one year from the date of the sale or
disposal.
(Source: P.A. 82-363.)
(625 ILCS 5/4-211) (from Ch. 95 1/2, par. 4-211)
Sec. 4-211. 
		Disposition of proceeds of sale of unclaimed vehicles.
(a) When a vehicle located within the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition after the deduction of towing,
storage and processing charges shall be deposited in the treasury of such
city, village or town.
(b) When a vehicle located outside the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition, after deducting towing, storage
and processing costs shall be deposited in the county treasury of the
county where the vehicle was located at the time of the tow.
(c) The provisions of this Section shall not apply to vehicles disposed
of or sold at public sale under subsection (k) of Section 4-107 of this Code.
(Source: P.A. 83-830.)
(625 ILCS 5/4-212) (from Ch. 95 1/2, par. 4-212)
Sec. 4-212. 
		
		Ownership documents for vehicles after public sale - removal
of liens. When an applicant for a salvage certificate or junking
certificate under this Chapter presents
to the Secretary of State proof that he has purchased or acquired a vehicle
at a public sale as authorized by this Chapter and such fact is certified
to by the law enforcement agency having jurisdiction over the public sale
of a vehicle, the Secretary of State shall issue a salvage certificate or
junking certificate for the vehicle upon receipt of the statutory fee and a
properly executed application for a salvage certificate or junking
certificate. The salvage certificate or junking certificate issued by the
Secretary of State under this Section shall be free of any lien that
existed against the vehicle prior to the time the vehicle was acquired by
the applicant under this Chapter.
(Source: P.A. 85-951.)
(625 ILCS 5/4-212.1) (from Ch. 95 1/2, par. 4-212.1)
Sec. 4-212.1. 
		
		In cities with more than 500,000 inhabitants, the
corporate authorities may, by ordinance, designate any department of
municipal government to do any of the following:
(1) To perform any of the duties and functions specified for law
enforcement agencies in subsection (a) of Section 4-205 and in Sections
4-201, 4-203, 4-204, 4-206, 4-207, 4-208, 4-209, 4-210, 4-211 and 4-212; and
(2) To authorize a towing service to remove and take possession of
abandoned, lost, stolen or unclaimed vehicles, in the manner that municipal
police may make such authorization pursuant to Section 4-202; and
(3) To send notifications as required under subsection (b) of Section 4-205.
(Source: P.A. 86-947.)
(625 ILCS 5/4-213) (from Ch. 95 1/2, par. 4-213)
Sec. 4-213. Liability of law enforcement officers, agencies, and towing
services.
(a) A law enforcement officer or agency, a department of municipal
government designated under Section 4-212.1 or its officers or
employees, or a towing service owner, operator, or
employee shall not be held to answer or be liable for damages in any action
brought by the registered owner, former registered owner, or his legal
representative, lienholder or any other person legally entitled to the
possession of a vehicle when the vehicle was processed and sold or disposed of
as provided by this Chapter.
(b) A towing service, and any of its officers or employees, that
removes or tows a vehicle as a result of being directed to do so by
a law enforcement officer or agency or a department of municipal government or
its officers or employees shall not be held to answer or be liable for loss of or damages to any real or personal property that occurs in the
course of the removal or towing of a vehicle or its contents (i) on a limited
access highway in a designated Incident Management Program that uses fast lane
clearance techniques as defined by the Department of Transportation or (ii) at the direction of a peace officer, a highway authority official, or a representative of local authorities, under Section 11-402 or 11-404 of this Code.
(Source: P.A. 95-407, eff. 1-1-08.)
(625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
Sec. 4-214. 
		Violations of Section 4-201.
(a) Any person who violates Section 4-201 of this Code or who
aids and abets in that violation:
(1) shall be subject to a mandatory fine of $200; and
(2) shall be required by the court to make a     disposition on the abandoned or unclaimed vehicle and pay all towing, storage, and processing charges and collection costs pursuant to Section 4-203, subsections (a) and (e).
(b) When a vehicle is abandoned, it shall be presumed that the last
registered owner is responsible for the abandonment and shall be liable for
all towing, storage, and processing charges and collection costs, less any
amounts realized in the disposal of the vehicle.  The last registered owner's
liability for storage fees may not exceed a maximum of 30 days' storage fees.
The presumption established under this subsection may
be rebutted by a showing that, prior to the time of the tow:
(1) a report of vehicle theft was filed with respect     to the vehicle; or
(2) the vehicle was sold or transferred and the last     registered owner provides the towing service with the correct identity and address of the new owner at the time of the sale or transfer.
If the presumption established under this subsection is rebutted, the person
responsible for theft of the vehicle or to whom the vehicle was sold or
transferred is liable for all towing, storage, and processing charges and
collection costs.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-214.1)
Sec. 4-214.1. (Repealed).
(Source: P.A. 95-621, eff. 6-1-08. Repealed by P.A. 101-652, eff. 7-1-21.)
(625 ILCS 5/4-215)
Sec. 4-215. 
		Rebuilt vehicles; clean titles. 
		Persons licensed under
Section 5-301 of this Code may obtain a certificate of title that does not bear
the notation "REBUILT" from a certificate of purchase when the damage to the
vehicle is 25% or less of its market value, there has been no structural damage
to the vehicle, there is no history of a salvage certificate, and the vehicle
has undergone a salvage inspection by the Secretary of State and a safety
inspection under Section 13-101 of this Code.  The application for a
certificate of title shall contain an affirmation under penalty for perjury
that the vehicle on the date of the application is not damaged in excess of 25%
of its market value, has no structural damage, and has no history of
salvage.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-216)
Sec. 4-216. Storage fees; notice to  lienholder of record.
(a) Any commercial vehicle relocator or any other private towing service providing removal or towing services pursuant to this Code and seeking to impose fees in connection with the furnishing of storage for a vehicle in the possession of the commercial vehicle relocator or other private towing service must provide written notice within 2 business days after the vehicle is removed or towed, by certified mail, return receipt requested, to the lienholder of record, regardless of whether the commercial vehicle relocator or other private towing service  enforces a lien under the Labor and Storage Lien Act or the Labor and Storage Lien (Small Amount) Act. The notice shall be effective upon mailing and include the rate at which fees will be incurred, and shall provide the lienholder with an opportunity to inspect the vehicle on the premises where the vehicle is stored within 2 business days of the lienholder's request. The date on which the assessment and accrual of storage fees may commence is the date of the impoundment of the vehicle, subject to any applicable limitations set forth by a municipality authorizing the vehicle removal. Payment of the storage fees by the lienholder may be made in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the lienholder taking possession of the vehicle. The commercial vehicle relocator or other private towing service shall furnish a copy of the certified mail receipt to the lienholder upon request.
(b) The notification requirements in subsection (a) of this Section apply in addition to any lienholder notice requirements under this Code relating to the removal or towing of an abandoned, lost, stolen, or unclaimed vehicle. If the commercial vehicle relocator or other private towing service fails to comply with the notification requirements set forth in subsection (a) of this Section, storage fees shall not be assessed and collected and the lienholder shall be entitled to injunctive relief for possession of the vehicle without the payment of any storage fees.
(c) If the notification required under subsection (a) was not sent and a lienholder discovers its collateral is in the possession of a commercial vehicle relocator or other private towing service by means other than the notification required in subsection (a) of this Section,  the lienholder is entitled to recover any storage fees paid to the commercial vehicle relocator or other private towing service to reclaim possession of its collateral.
(d) An action under this Section may be brought by the lienholder against the commercial vehicle locator or other private towing service in the circuit court.
(e) Notwithstanding any provision to the contrary in this Code, a commercial vehicle relocator or other private towing service seeking to impose storage fees for a vehicle in its possession may not foreclose or otherwise enforce its claim for payment of storage services or any lien relating to the claim pursuant to this Code or other applicable law unless it first complies with the lienholder notification requirements set forth in subsection (a) of this Section.
(f)  If the vehicle that is removed or towed is registered in a state other than Illinois, the assessment and accrual of storage fees may commence on the date that the request for lienholder information is filed by the commercial vehicle relocator or other private towing service with the applicable administrative agency or office in that state if: (i) the commercial vehicle relocator or other private towing service furnishes the lienholder with a copy or proof of filing of the request for lienholder information; (ii) the commercial vehicle relocator or other private towing service provides to the lienholder of record the notification required by this Section within one business day after receiving the requested lienholder information; and (iii) the assessment of storage fees complies with any applicable limitations set forth by a municipality authorizing the vehicle removal.
(Source: P.A. 100-311, eff. 11-23-17; 100-863, eff. 8-14-18.)
(625 ILCS 5/Ch. 4 Art. III heading)
ARTICLE III.  
		VEHICLE RECYCLING BOARD
(625 ILCS 5/4-300) (from Ch. 95 1/2, par. 4-300)
Sec. 4-300. 
		Definitions.
For the purposes of this Article, the following word shall have the
meaning ascribed to it as follows:
Board. The Vehicle Recycling Board of the State of Illinois, acting
directly or through its duly authorized officers and agents.
(Source: P.A. 78-857.)
(625 ILCS 5/4-301) (from Ch. 95 1/2, par. 4-301)
Sec. 4-301. 
		State policy. 
		The General Assembly finds that abandoned and derelict vehicles: constitute a
safety hazard and a public nuisance; are detrimental to the health,
safety and welfare of the general public by harboring disease, providing
breeding places for vermin, inviting plundering, creating fire hazards,
and presenting physical dangers to children and others; produce scenic blights which
degrade the environment and adversely affect land values and the proper
maintenance and
continuing development of the State of Illinois and all of its
subdivisions; represent a resource out of place and an energy
loss to the Illinois economy, and require state and
local governmental attention, in conjunction with any federal
governmental attention, in order to assure the expeditious removal and
recycling of these abandoned and derelict vehicles.
The General Assembly declares therefore, that it is the policy of the
State of Illinois, to:
1. Prohibit the abandonment of vehicles and the retention of derelicts,
and to enforce such
prohibition by law while reminding vehicle owners of their own individual
responsibility to dispose of such vehicles;
2. Encourage the development of procedures and techniques to
facilitate the expeditious removal of abandoned and derelict vehicles from public or
private premises;
3. Encourage the State of Illinois and all of its political
subdivisions, in cooperation with the federal government and the private
sector of our State, and in cooperation with other states of the United
States, to recover and recycle the resource represented by abandoned
and derelict vehicles to the fullest extent practicable.
(Source: P.A. 81-653.)
(625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)
Sec. 4-302. Vehicle Recycling Board. There is hereby created the Vehicle Recycling Board of the State of
Illinois composed of the
Secretary of Transportation, the Director
of the Illinois State Police, the Director of Public Health,
the Director of the Environmental
Protection Agency or their
designated representatives.  The Governor shall designate the Chairman and
Secretary of the Board.
The Board shall appoint an advisory committee, of no less than 10 members,
to include an official representative of the Office of the Secretary of
State as designated by the Secretary; and other appropriate representatives
from such sources as: statewide associations of city, county and township
governing bodies; knowledgeable successful leaders from the auto recycling
private sector; the State associations of chiefs of police, county sheriffs,
police officers; and State agencies having a direct or indirect relationship
with vehicle recycling.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-303) (from Ch. 95 1/2, par. 4-303)
Sec. 4-303. 
		Tenure, vacancies and expenses. 
		State officers and their designated representatives on the Board and representatives
of the State agencies serving on the advisory committee, shall serve
without additional compensation and their necessary expenses shall be
borne by the State office or agency represented.  Members
of the advisory committee shall be
reimbursed for their necessary expenses in their attendance to
meetings and functions as required by the Board.
The Board shall employ such personnel as deemed necessary by the Board
to implement and administer this Act and any expenses incurred in its administration
may be
incurred and expended only within and pursuant to the appropriations
made by the General Assembly.
The records of the Board shall be subject to audit by the Auditor
General.
(Source: P.A. 81-653.)
(625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
Sec. 4-304. 
		Implementation and administration of policy. 
		The Board
shall consider and adopt such programs as are designed to implement and
administer the policies hereinbefore expressed and within the
appropriations provided for by the General Assembly.
In adopting such programs, the Board shall take into consideration
the programs of the federal government in the same field, so as to
assure full coordination therewith and that the State of Illinois does
not duplicate federal actions and programs. The programs to be
considered by the Board shall in addition be designed to:
1. Effect the efficient removal of abandoned vehicles     from the highways, streets, roads, other public property, as well as from private property within Illinois.
2. Effect the efficient removal of abandoned and     derelict vehicles from private property to be junked, salvaged, recycled, or reclaimed, to wrecking, recycling or salvaging facilities, or to a temporary impoundment or area collection center.
3. Effect efficient recycling or scrap processing of     retired vehicles and the salvaging of usable parts.
4. Permit the restoration of antique and historic     vehicles by private persons or agencies.
5. Work with other State agencies to effect the     efficient and effective recycling of solid and liquid motor vehicle waste, including motor vehicle drain oil, derived in the recycling of a motor vehicle.
6. Recoup the costs of removal and disposal of     abandoned and derelict vehicles from vehicle owners, land owners and persons who abandon or discard such vehicles and from other suitable sources.
7. Promote and publicize individual responsibility of     vehicle owners for their personal disposal of unwanted and discarded vehicles and develop an effective promotional campaign to show owners how to properly dispose of such vehicles; and the legal consequences of not doing so.
8. Provide State coordination, expertise and     assistance to all local units of government, as needed, seeking legislative remedy where appropriate regarding: vehicle detitling procedure; impoundment time periods; the legal restrictions  unnecessarily delaying vehicle disposal; and, to promote and advance the technology, growth and development of the legitimate auto recycling industry to the end that this industry can effectively recycle all vehicles annually retired and accumulated in Illinois with a minimum of assistance from the State or its subdivisions.
The Board is empowered to negotiate and enter into reciprocal
agreements with other states and State and federal agencies, in
furtherance of the provisions of this Act, as amended; provided,
however, that no such reciprocal agreement may be entered into without
the approval and authorization of the State body legally required to
approve such agreements.
The Board shall make rules, regulations and by-laws, not inconsistent
with this Act or any other law of this State, as to its own
organization
and conduct and for the implementation and administration of this Act.
The Board is further empowered to enter into an agreement with any
State agency represented on the Board, to carry out the administration
of the abandoned and derelict vehicle abatement program of the Board,
and to make such funds available as may be found necessary by the Board,
as appropriated by the General Assembly.
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
(625 ILCS 5/4-305) (from Ch. 95 1/2, par. 4-305)
Sec. 4-305. 
		Inventory, collection and disposal facilities. 
		If not otherwise economically practicable, the Board may provide by contract
with private persons or agencies, or with political subdivisions of the
State of Illinois and all local governmental units of government, for the
inventory, collection and disposal or any portion thereof,
of abandoned and derelict vehicles to wrecking, salvage or recycling
plants, or, provide facilities for the collection and proper disposal of
any vehicle under the provisions of this Act, as amended.
The Board may further formulate a program, statewide or within prescribed
areas, for the inventory and collection of abandoned and derelict
vehicles and to provide for their junking, salvage or recycling. In all
cases, the Board shall coordinate such program with each affected State
agency, local governmental unit, and local law enforcement agencies.
The Board may further subsidize political subdivisions of this State, local
governmental units and local law enforcement agencies
for their costs, provable by audit and not otherwise recoverable from
any proceeds derived from any sale of abandoned and derelict vehicles,
in collecting, storing and disposing of such vehicles
during a reimbursement period set by the Board.
Any expenditure of funds hereunder shall be subject to audit by the Auditor
General, within the appropriations for this purpose by the General Assembly,
and may be made only in the event that cost-analysis and program efficiency
show that such reimbursement subsidy is justified.
No owner of any abandoned or derelict vehicle shall in any way, receive
any funds hereunder.  This shall not, however, prohibit the Board from
examining the strategy of paying owners of discarded vehicles a limited
sum for delivering their vehicles to a collection point when scrap prices
are depressed; and bringing emergency measures such as this to the attention
of the General Assembly for its consideration at a later time.
(Source: P.A. 81-653.)
(625 ILCS 5/4-306) (from Ch. 95 1/2, par. 4-306)
Sec. 4-306. 
		Federal aid. 
		The Board is authorized and empowered to do all
things necessary and proper to fully cooperate with any agency of the United
States in the administration of any federal act relating to abandoned and
derelict vehicles or the recycling or scrapping of vehicles now in effect
or hereafter enacted for the purpose of appropriation of funds for the payment
to or toward the junking, salvaging, recycling or scrapping of retired
and discarded vehicles.
Whenever federal funds are expended to provide for the
payment to or toward the junking, salvaging, recycling or scrapping of
such vehicles, the amount received as reimbursement therefor shall be
paid into the fund or trust fund in the State Treasury from which such expenditure
was made.
(Source: P.A. 81-653.)
(625 ILCS 5/4-307) (from Ch. 95 1/2, par. 4-307)
Sec. 4-307. 
		Funding and fees. 
		(a) The programs initiated by the Board
shall be funded by appropriations by the General Assembly to the Board.
In addition to any fees enacted by the General Assembly, the Board
shall recommend additional and optional methods of financing such programs
to the end that the programs shall become self-sufficient.
(b) In addition to any provisions made by the General Assembly,
the Board shall recommend incentives to induce the junking of abandoned
and derelict vehicles not suitable for rebuilding or restoring as antiques
or historic vehicles.  The Board may further recommend a subsidy to
implement Section 4-305.
(Source: P.A. 84-470.)