Public Act 095-0838
 		





HB5108 Enrolled
LRB095 15609 WGH 41610 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 4-205 as follows:
 



    (625 ILCS 5/4-205)  (from Ch. 95 1/2, par. 4-205)



    Sec. 4-205. Record searches. 

    (a) When a law enforcement agency authorizing the 
impounding of a vehicle
does not know the identity of the 
registered owner, lienholder or other legally
entitled person, 
that law enforcement agency will cause the vehicle
registration 
records of the State of Illinois to be searched by the

Secretary of State for the purpose of obtaining the required 
ownership
information.

    (b) The law enforcement agency authorizing the impounding 
of a vehicle
will cause the stolen motor vehicle files of the 
State Police to be
searched by a directed communication to the 
State Police for stolen or
wanted information on the vehicle. 
When the State Police files are
searched with negative results, 
the information contained in the
National Crime Information 
Center (NCIC) files will be searched by the
State Police. The 
information determined from these record searches will
be 
returned to the requesting law enforcement agency for that 
agency's
use in sending a notification by certified mail to the 
registered owner,
lienholder and other legally entitled 
persons advising where the vehicle
is held, requesting a 
disposition be made and setting forth public sale
information.  
Notification shall be sent no later than 10 business days after

the date the law enforcement agency impounds or authorizes the 
impounding of a
vehicle, provided that if the law enforcement 
agency is unable to determine the
identity of the registered 
owner, lienholder or other person legally entitled
to ownership 
of the impounded vehicle within a 10 business day period after

impoundment, then notification shall be sent no later than 2 
days after the
date the identity of the registered owner, 
lienholder or other person legally
entitled to ownership of the 
impounded vehicle is determined. Exceptions to a
notification 
by certified mail to the registered owner, lienholder and other

legally entitled persons are set forth in Section 4-209 of this 
Code.

    (c) When ownership information is needed for a
towing 
service to give notification as required under this Code, the 
towing
service may cause the vehicle registration records of 
the State of Illinois to
be searched by the Secretary of State, 
and in such case, the towing service also shall give notice to 
all lienholders of record within the time period required for  
such other notices.

    The written request of a towing service, in the form and

containing the information prescribed by the Secretary of State 
by rule, may be
transmitted to the Secretary of State in 
person, by U.S.
mail or other delivery service, by facsimile 
transmission, or by other
means the Secretary of State deems 
acceptable.

    The Secretary of State shall provide the required 
information, or
a statement that the information was not found 
in the vehicle registration
records of the State, by U.S. mail 
or other delivery service, facsimile
transmission, as 
requested by the towing service, or by other means acceptable

to the Secretary of State.

    (d) The Secretary of State may prescribe standards and 
procedures for
submission of requests for record searches and 
replies via computer link.

    (e) Fees for services provided under this Section shall be 
in amounts
prescribed by the Secretary of State under Section 
3-821.1 of this Code.
Payment may be made by the towing service 
using cash, any commonly accepted
credit card, or any other 
means of payment deemed acceptable by the Secretary
of State.

(Source: P.A. 89-179, eff. 1-1-96; 89-433, eff. 12-15-95.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.