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Public Act 095-0838
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| HB5108 Enrolled |
LRB095 15609 WGH 41610 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 4-205 as follows:
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(625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
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Sec. 4-205. Record searches.
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(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
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Secretary of State for the purpose of obtaining the required |
ownership
information.
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(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 |
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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
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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
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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
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legally entitled persons are set forth in Section 4-209 of this |
Code.
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(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.
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The written request of a towing service, in the form and
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containing the information prescribed by the Secretary of State |
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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.
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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
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to the Secretary of State.
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(d) The Secretary of State may prescribe standards and |
procedures for
submission of requests for record searches and |
replies via computer link.
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(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.
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(Source: P.A. 89-179, eff. 1-1-96; 89-433, eff. 12-15-95.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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