HB0052ham001 102ND GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 3/4/2021

10200HB0052ham001 LRB102 03969 HEP 23061 a

AMENDMENT TO HOUSE BILL 52

AMENDMENT NO. ______. Amend House Bill 52 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by adding Section 12-614 as follows:

(625 ILCS 5/12-614 new)

Sec. 12-614. Vehicle security circumvention device.

(a) As used in this Section, "vehicle security circumvention device" means a device that is capable of obtaining, intercepting, or processing information from a motor vehicle keyless entry system.

(b) No person may possess a vehicle security circumvention device if he or she has been convicted of a felony under Section 4-103 within the previous 5 years. A person who commits a violation of this subsection is guilty of a Class A misdemeanor.

(c) No person may possess a vehicle security circumvention device in this State except for the following persons:

(1) an employee of a facility subject to the Automotive Repair Act or the Automotive Collision Repair Act;

(2) a new vehicle dealer or used vehicle dealer licensed under Section 5-101 or 5-102;

(3) a locksmith licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004;

(4) a repossession agent; or

(5) a State or local law enforcement officer.

A person who commits a violation of this subsection is guilty of a Class B misdemeanor.

(d) Any seller of a vehicle security circumvention device in this State who reaches an agreement with a buyer for the purchase of the vehicle security circumvention device shall conduct a criminal background check of the buyer before completing the sale. A seller of a vehicle security circumvention device who conducts a criminal background check under this Section shall not complete the sale of the vehicle security circumvention device if the background check reveals that the buyer has been convicted of a felony in this State or another jurisdiction within the 5 years preceding the sale. A seller who violates this subsection is guilty of a Class A misdemeanor.

(e) Any seller of a vehicle security circumvention device in this State who reaches an agreement with a buyer for the purchase of the vehicle security circumvention device shall confirm that the buyer may lawfully possess a vehicle security circumvention device pursuant to subsections (b) and (c) before completing the sale. A seller of a vehicle security circumvention device shall not complete the sale of the vehicle security circumvention device if the buyer is unable to confirm that the buyer may lawfully possess a vehicle security circumvention device pursuant to subsections (b) and (c). A seller who violates this subsection is guilty of a Class B misdemeanor.".