Illinois 2025-2026 Regular Session

Illinois House Bill HB3787 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3787 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 720 ILCS 5/47-15 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. LRB104 09492 RLC 19553 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3787 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 720 ILCS 5/47-15 720 ILCS 5/47-15 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. LRB104 09492 RLC 19553 b LRB104 09492 RLC 19553 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3787 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/47-15 720 ILCS 5/47-15
4	4	720 ILCS 5/47-15
5	5	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.
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11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 47-15 as follows:
16	16	6 (720 ILCS 5/47-15)
17	17	7 Sec. 47-15. Dumping garbage upon real property.
18	18	8 (a) It is unlawful for a person to dump, deposit, or place
19	19	9 garbage, rubbish, trash, or refuse upon real property not
20	20	10 owned by that person without the consent of the owner or person
21	21	11 in possession of the real property.
22	22	12 (b) A person who violates this Section is liable to the
23	23	13 owner or person in possession of the real property on which the
24	24	14 garbage, rubbish, trash, or refuse is dumped, deposited, or
25	25	15 placed for the reasonable costs incurred by the owner or
26	26	16 person in possession for cleaning up and properly disposing of
27	27	17 the garbage, rubbish, trash, or refuse, and for reasonable
28	28	18 attorneys' fees.
29	29	19 (c) A person violating this Section is guilty of a Class B
30	30	20 misdemeanor for which the court must impose a minimum fine of
31	31	21 $500. A second conviction for an offense committed after the
32	32	22 first conviction is a Class A misdemeanor for which the court
33	33	23 must impose a minimum fine of $500. A third or subsequent
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3787 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/47-15 720 ILCS 5/47-15
39	39	720 ILCS 5/47-15
40	40	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.
41	41	LRB104 09492 RLC 19553 b LRB104 09492 RLC 19553 b
42	42	LRB104 09492 RLC 19553 b
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68	68	1 violation, committed after a second conviction, is a Class 4
69	69	2 felony for which the court must impose a minimum fine of $500.
70	70	3 A person who violates this Section and who has an equity
71	71	4 interest in a motor vehicle used in violation of this Section
72	72	5 is presumed to have the financial resources to pay the minimum
73	73	6 fine not exceeding his or her equity interest in the vehicle.
74	74	7 Personal property used by a person in violation of this
75	75	8 Section shall on the third or subsequent conviction of the
76	76	9 person be forfeited to the county where the violation occurred
77	77	10 and disposed of at a public sale. Before the forfeiture, the
78	78	11 court shall conduct a hearing to determine whether property is
79	79	12 subject to forfeiture under this Section. At the forfeiture
80	80	13 hearing the State has the burden of establishing by a
81	81	14 preponderance of the evidence that property is subject to
82	82	15 forfeiture under this Section. Property seized or forfeited
83	83	16 under this Section is subject to reporting under the Seizure
84	84	17 and Forfeiture Reporting Act.
85	85	18 (d) The statutory minimum fine required by subsection (c)
86	86	19 is not subject to reduction or suspension unless the defendant
87	87	20 is indigent. If the defendant files a motion with the court
88	88	21 asserting his or her inability to pay the mandatory fine
89	89	22 required by this Section, the court must set a hearing on the
90	90	23 motion before sentencing. The court must require an affidavit
91	91	24 signed by the defendant containing sufficient information to
92	92	25 ascertain the assets and liabilities of the defendant. If the
93	93	26 court determines that the defendant is indigent, the court
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