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HB 3787

Relating to checkout bags.

2025 Regular Session Introduced by Tom Andersen

Creates a presumption that the last registered vehicle owner is liable for illegal dumping using their vehicle, unless they prove a specified exception.

In committee upon adjournment.
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Bill Summary · HB 3787

Summary — HB 3787 (720 ILCS 5/47-15) — Criminal Code: Vehicle use in illegal dumping

Purpose / Intent

HB 3787 amends the Criminal Code of 2012 to create a rebuttable presumption that the last registered owner of a motor vehicle is liable when that vehicle is used to illegally dump garbage, rubbish, trash, or refuse on real property without the owner’s consent. The provision is intended to make it easier to hold someone accountable when a vehicle is used in illegal dumping and to speed identification of responsible parties.

Key provisions

  • Amends Section 47-15 (dumping garbage upon real property).
  • Creates a rebuttable presumption: if a vehicle is used in furtherance of an illegal dumping violation, the last registered owner is presumed responsible and liable under Section 47-15.
  • Three narrow ways to rebut the presumption (the last registered owner must show one of):
    1. A report of vehicle theft was filed with respect to the vehicle prior to the dumping; or
    2. The vehicle was sold or transferred and the last registered owner provided the court and the State’s Attorney’s office with the new owner’s address at the time of sale/transfer; or
    3. The last registered owner still possesses the vehicle and proves they were not driving, riding in, or otherwise in control of the vehicle at the time of the violation and identifies who was driving.
  • If the presumption is successfully rebutted, charges against the last registered owner must be promptly dismissed and, where possible, the proper party charged.
  • Retains existing civil liability: persons who violate Section 47-15 are liable to property owners for reasonable cleanup and disposal costs and reasonable attorneys’ fees.
  • Retains criminal penalties in subsection (c): a first offense is a Class B misdemeanor (court must impose a minimum $500 fine); a second conviction is a Class A misdemeanor (minimum $500 fine); a third or subsequent offense is a Class 4 felony (minimum $500 fine). The text also references vehicle-equity-based fine collection and possible forfeiture on a third or subsequent conviction, with a required forfeiture hearing and reporting under the Seizure and Forfeiture Reporting Act.
  • Indigency process preserved: the mandatory minimum fine is not subject to reduction or suspension unless the defendant is indigent; the defendant may be required to submit an affidavit of assets/liabilities and, if found indigent, choose to pay the $500 minimum or perform 100 hours of community service.

Who is affected

  • Last registered owners of vehicles used in illegal dumping (will face a presumption of liability unless they meet a listed exception).
  • Vehicle buyers/sellers — imposes an incentive to report transfers and keep buyer contact information.
  • Owners/possessors of real property harmed by illegal dumping (easier route to recover cleanup costs).
  • Prosecutors and courts — procedural change in evidence presumptions and dismissal obligations when rebutted.
  • Law enforcement — may increase need to document theft reports and vehicle transfer records.

Procedural & timeline notes

  • Introduced by Rep. Ryan Spain (first reading 2/18/2025; filed 3/5/2025).
  • Passed the originating chamber (House) on 5/10/2025.
  • Received by the other chamber (Senate) 5/12/2025; read and referred to Business & Commerce 5/13/2025.
  • The bill’s status also notes Rule 19(a) / re-referred to Rules Committee (per legislative history).

Practical considerations

  • The presumption shifts initial evidentiary burden onto vehicle owners, likely increasing the importance of theft reports, written sale/transfer records, and prompt disclosure of buyer information.
  • Could reduce time to identify defendants in illegal-dumping cases, but may raise practical issues for owners who rarely transfer vehicles informally or lack records.

Compiled from official sources — confirm details with the bill’s official record.

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