summary
Introduced
02/07/2025
02/07/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Criminal Code of 2012. Provides that when a vehicle is used in furtherance of a violation of the provision making it unlawful to dump, deposit, or place garbage, rubbish, trash, or refuse upon real property not owned by that person without the consent of the owner or person in possession of the real property, it is presumed that the last registered owner is responsible for such violation and shall be liable under this provision unless the presumption established is rebutted by showing that, prior to the time of the illegal dumping: (1) a report of vehicle theft was filed with respect to the vehicle; (2) the vehicle was sold or transferred, and the last registered owner provides the court and State's Attorney's office with the address of the new owner at the time of the sale or transfer; or (3) the last registered owner, still possessing the vehicle, shows proof that he or she was not driving, riding in, or otherwise in control of, the vehicle at the time the violation occurred and identifies the party who was driving the vehicle at the time of violation. Provides that if the presumption established is rebutted, the charge or charges against the last registered owner shall be promptly dismissed and the proper party shall be charged with violating this provision if possible.
AI Summary
This bill amends the Criminal Code of 2012 to establish a new presumption of responsibility for illegal dumping when a vehicle is involved. Specifically, the bill creates a legal assumption that the last registered owner of a vehicle is responsible for dumping garbage, rubbish, trash, or refuse on property they do not own without the owner's consent. However, the last registered owner can rebut this presumption by providing evidence such as: (1) a filed vehicle theft report, (2) proof of vehicle sale or transfer with the new owner's address, or (3) demonstrating they were not driving or in control of the vehicle when the illegal dumping occurred and identifying the actual driver. If the presumption is successfully challenged, the charges against the last registered owner will be dismissed, and authorities will attempt to charge the responsible party. The bill maintains existing penalties for illegal dumping, which range from a Class B misdemeanor with a minimum $500 fine for a first offense to a Class 4 felony with a minimum $500 fine for third or subsequent offenses, with potential vehicle forfeiture for repeated violations.
Committee Categories
Justice
Sponsors (1)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3787&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3787.htm |
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