Bill Text: IL HB5439 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that no person shall engage in street sideshows on any street or highway of the State. Provides that a person may not knowingly cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow. Provides that any person convicted of a violation of the new provisions is guilty of: a Class A misdemeanor for the first offense and is subject to a minimum fine of $250; and a Class 4 felony for a second or subsequent offense and is subject to a minimum fine of $500. Makes conforming changes.

Spectrum: Slight Partisan Bill (Democrat 10-5)

Status: (Passed) 2022-05-06 - Public Act . . . . . . . . . 102-0733 [HB5439 Detail]

Download: Illinois-2021-HB5439-Enrolled.html

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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 adding
Section 3-117.5 and changing Section 11-506 as follows:
(625 ILCS 5/3-117.5 new)
Sec. 3-117.5. Automatic processing of applications for
salvage or junking certificates; salvage dealer; bond.
(a) Notwithstanding any other provision of law to the
contrary and subject to the requirements of this Section, if a
salvage dealer as defined under Section 3-117.3 posts annually
a bond in the amount of $100,000, up to a maximum aggregate
amount of $100,000, with the Secretary of State, the Secretary
of State shall automatically process any properly submitted
application by the salvage dealer for a salvage certificate or
junking certificate pursuant to Section 3-117.1 and issue the
appropriate salvage certificate or junking certificate.
The Secretary of State Vehicle Services Department may
conduct random samplings of automatically processed
applications submitted by a salvage dealer under this Section
to ensure that the salvage dealer's applications for salvage
certificates or junking certificates are accurate.
Applications for salvage certificates or junking

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certificates submitted by a salvage dealer that are not
accompanied by the most current certificate of title are not
eligible for automatic processing, including, but not limited
to, applications accompanied by an affidavit or a uniform
invoice or certificate of purchase under Section 3-117.1.
(b) If a salvage dealer fails to properly submit
applications for salvage certificates or junking certificates
at an 85% rate of accuracy or greater, then the Secretary of
State Vehicle Services Department may suspend that salvage
dealer's right to automatic processing of applications for
salvage certificates or junking certificates for a period of
not less than 90 days. Prior to the initial suspension of a
salvage dealer's right to automatic processing of applications
for salvage certificates or junking certificates, the
Secretary of State Vehicle Services Department shall provide
notice to the salvage dealer of the processing errors or
defects and provide the salvage dealer with an opportunity to
cure the processing errors or defects within a reasonable
period, which shall not be less than 14 days.
If the same processing errors or defects that are
contained in the initial notice to the salvage dealer are
repeated a second time by a salvage dealer within a 12-month
period from the date of the initial notice, then the Secretary
of State Vehicle Services Department shall suspend that
salvage dealer's right to automatic processing of applications
for salvage certificates or junking certificates for a period

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of not less than 90 days.
If the same processing errors or defects that are
contained in the initial notice to a salvage dealer are
repeated a third time by the salvage dealer within a 12-month
period from the date of the initial notice, then the Secretary
of State Vehicle Services Department shall suspend that
salvage dealer's right to automatic processing of applications
for salvage certificates or junking certificates for a period
of not less than 180 days.
(c) After a salvage dealer's right to automatic processing
of applications for salvage certificates or junking
certificates has been suspended and the applicable suspension
period has been served, the salvage dealer may request
reinstatement of the right to automatic processing of
applications for salvage certificates or junking certificates
by demonstrating to the Secretary of State Vehicle Services
Department that the salvage dealer has corrected the
processing errors or defects that resulted in the suspension.
The Secretary of State Vehicle Services Department, after
meeting and conferring with the salvage dealer, shall have the
sole discretion, subject to the appeal rights in subsection
(d), to determine whether to grant the salvage dealer's
request for reinstatement.
(d) A salvage dealer may appeal a suspension or a denial of
a request for reinstatement of the right to automatic
processing of applications for salvage certificates or junking

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certificates directly to the Secretary of State.
(e) The annual bond posted as required by this Section
shall be held by the Secretary of State to secure compensation
for an owner of a vehicle if it is determined that the salvage
dealer caused the improper transfer of ownership of the
vehicle without performing the required procedures set forth
in this Chapter. After providing the salvage dealer with a
reasonable opportunity to provide proof of its due diligence
relating to the disputed transaction and after meeting and
conferring with the salvage dealer, the Secretary of State
Vehicle Services Department shall determine whether the
certificate of title of the vehicle was improperly transferred
out of the owner's name by the salvage dealer. This
determination shall create a rebuttable presumption that the
vehicle was improperly transferred out of the owner's name by
the salvage dealer. Upon such a determination by the Secretary
of State Vehicle Services Department, if the salvage dealer
does not compensate the vehicle owner for the value of the
improperly transferred certificate of title, the owner of the
vehicle shall have the right to seek reimbursement from the
posted bond for the loss of the vehicle under a Court of Claims
proceeding.
(f) The security deposited as an annual bond pursuant to
this Section shall be placed by the Secretary of State in the
custody of the State Treasurer. Thereafter, any person with a
claim against the bond may enforce the claim through an

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appropriate proceeding in the Court of Claims, subject to the
limitations prescribed for the Court of Claims.
(625 ILCS 5/11-506)
Sec. 11-506. Street racing; aggravated street racing;
street sideshows.
(a) No person shall engage in street racing on any street
or highway of this State.
(a-5) No person shall engage in a street sideshow on any
street or highway of this State.
(b) No owner of any vehicle shall acquiesce in or permit
his or her vehicle to be used by another for the purpose of
street racing or a street sideshow.
(b-5) A person may not knowingly interfere with or cause
the movement of traffic to slow or stop for the purpose of
facilitating street racing or a street sideshow.
(c) For the purposes of this Section, the following words
shall have the meanings ascribed to them:
"Acquiesce" or "permit" means actual knowledge that the
motor vehicle was to be used for the purpose of street racing.
"Motor vehicle stunt" includes, but is not limited to,
operating a vehicle in a manner that causes the vehicle to
slide or spin, driving within the proximity of a gathering of
persons, performing maneuvers to demonstrate the performance
capability of the motor vehicle, or maneuvering the vehicle in
an attempt to elicit a reaction from a gathering of persons.

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"Street racing" means:
(1) The operation of 2 or more vehicles from a point
side by side at accelerating speeds in a competitive
attempt to outdistance each other; or
(2) The operation of one or more vehicles over a
common selected course, each starting at the same point,
for the purpose of comparing the relative speeds or power
of acceleration of such vehicle or vehicles within a
certain distance or time limit; or
(3) The use of one or more vehicles in an attempt to
outgain or outdistance another vehicle; or
(4) The use of one or more vehicles to prevent another
vehicle from passing; or
(5) The use of one or more vehicles to arrive at a
given destination ahead of another vehicle or vehicles; or
(6) The use of one or more vehicles to test the
physical stamina or endurance of drivers over
long-distance driving routes.
"Street sideshow" means an event in which one or more
vehicles block or impede traffic on a street or highway, for
the purpose of performing unauthorized motor vehicle stunts,
motor vehicle speed contests, or motor vehicle exhibitions of
speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
subsection (a), (a-5), or (b-5) shall be guilty of a Class

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A misdemeanor for the first offense and shall be subject
to a minimum fine of $250. Any person convicted of a
violation of subsection (a), (a-5), or (b-5) a second or
subsequent time shall be guilty of a Class 4 felony and
shall be subject to a minimum fine of $500. The driver's
license of any person convicted of subsection (a) shall be
revoked in the manner provided by Section 6-205 of this
Code.
(2) Any person who is convicted of a violation of
subsection (b) shall be guilty of a Class B misdemeanor.
Any person who is convicted of subsection (b) for a second
or subsequent time shall be guilty of a Class A
misdemeanor.
(3) Every person convicted of committing a violation
of subsection (a) of this Section shall be guilty of
aggravated street racing if the person, in committing a
violation of subsection (a) was involved in a motor
vehicle accident that resulted in great bodily harm or
permanent disability or disfigurement to another, where
the violation was a proximate cause of the injury.
Aggravated street racing is a Class 4 felony for which the
defendant, if sentenced to a term of imprisonment shall be
sentenced to not less than one year nor more than 12 years.
(Source: P.A. 95-310, eff. 1-1-08.)