CHAPTER 810, ILCS 5/ - Uniform Commercial Code

810 ILCS 5/9-315.02

Sec. 9-315.02. Disposal of collateral by debtor to persons other than those previously disclosed to secured party - penalties for violation - defense.

Illinois Compiled Statute
810 ILCS 5/9-315.02
Offense Description
Disposal of collateral by debtor to persons other than those previously disclosed to secured party – Class A misdemeanor
Offense Classification
Class A Misdemeanor
Statutory Penalties & Sentencing Scope
Up to 364 days county jail · Fine up to $2,500
Supreme Court Rule 551 Mandatory Court Appearance
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 810 ILCS 5/9-315.02 (Disposal of collateral by debtor to persons other than those previously disclosed to secured party – Class A misdemeanor) is classified as a Class A Misdemeanor. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Disposal of collateral by debtor to persons other than those previously disclosed to secured party – Class A misdemeanor Official ILGA · 810 ILCS 5/9-315.02 -> Class A Misdemeanor Release on Notice Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 9-315.02. Disposal of collateral by debtor to persons other than those previously disclosed to secured party - penalties for violation - defense.

(1)

(1) Where, pursuant to Section 9-205.1, a secured party has required that before the debtor sells or otherwise disposes of collateral in the debtor's possession he disclose to the secured party the persons to whom he desires to sell or otherwise dispose of such collateral, it is unlawful for the debtor to sell or otherwise dispose of the collateral to a person other than a person so disclosed to the secured party.

(2)

(2) An individual convicted of a violation of this Section shall be guilty of a Class A misdemeanor.

(3)

(3) A corporation convicted of a violation of this Section shall be guilty of a business offense and shall be fined not less than $2,000 nor more than $10,000.

(4)

(4) In the event the debtor under the terms of a security agreement is a corporation or a partnership, any officer, director, manager, or managerial agent of the debtor who violates this Section or causes the debtor to violate this Section shall be guilty of a Class A misdemeanor.

(5)

(5) It is an affirmative defense to a prosecution for the violation of this Section that the debtor has paid to the secured party the proceeds from the sale or other disposition of the collateral within 10 days after such sale or disposition.

(Source: P.A. 91-893, eff. 7-1-01; 92-16, eff. 6-28-01.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 810 ILCS 5/9-315.02 in Illinois?

Under Illinois law, 810 ILCS 5/9-315.02 (Disposal of collateral by debtor to persons other than those previously disclosed to secured party – Class A misdemeanor) is classified as a Class A Misdemeanor.

Sentencing Scope: Up to 364 days county jail · Fine up to $2,500

Is a court appearance mandatory for 810 ILCS 5/9-315.02 under Illinois Supreme Court Rule 551?

No Mandatory Court Appearance (Pre-Set Bond / Notice to Appear): Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Is an individual accused of 810 ILCS 5/9-315.02 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 810 ILCS 5/9-315.02?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 810 ILCS 5/9-315.02 (West 2026)
The Bluebook Style (21st ed.) 810 Ill. Comp. Stat. 5/9-315.02 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/810-ilcs-5-9-315.02
Cross-Referenced ILCS Codes