HB2094ham001 101ST GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 3/22/2019

10100HB2094ham001 LRB101 07931 SLF 58473 a

AMENDMENT TO HOUSE BILL 2094

AMENDMENT NO. ______. Amend House Bill 2094 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by changing Section 19-2 and 19-2.5 and by adding Section 2-23 as follows:

(720 ILCS 5/2-23 new)

Sec. 2-23. Vehicle security circumvention device.

"Vehicle security circumvention device" means a device that is capable of obtaining, intercepting, or processing information from a motor vehicle keyless entry system that would allow entry into a motor vehicle or start a motor vehicle, without the owner's consent.

(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)

Sec. 19-2. Possession of burglary tools.

(a) A person commits possession of burglary tools when he or she possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter that place and with intent to commit therein a felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey.

(a-5) A person commits possession of burglary tools when he or she possesses a vehicle security circumvention device and that person is not a:

(1) mechanic;

(2) new vehicle dealer or used vehicle dealer licensed under Section 5-101 or 5-102 of the Illinois Vehicle Code;

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

(4) repossession agent; or

(5) State or local law enforcement officer.

(b) Sentence.

Possession of burglary tools in subsection (a) is a Class 4 felony. Possession of burglary tools in subsection (a-5) is a Class C misdemeanor.

(Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/19-2.5)

Sec. 19-2.5. Unlawful sale of burglary tools.

(a) For the purposes of this Section:

"Lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey.

"Motor vehicle" has the meaning ascribed to it in the Illinois Vehicle Code.

(b) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part of that property.

(b-5) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers a vehicle security circumvention device with knowledge that the device will be used by the person or another to commit a violation of law.

(c) This Section does not apply to the sale or transfer of any item described in subsection (b) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card.

(c-5) Any seller of a vehicle security circumvention device in this State who reaches an agreement with a buyer for the purchase of the vehicle circumvention device shall conduct a criminal background check of the buyer before completing the purchase. A seller of a vehicle circumvention device who conducts a criminal background check under this Section shall not complete the purchase of the device if the background check reveals that the buyer has been convicted of a felony.

(d) Sentence. Unlawful sale of burglary tools under subsection (b) is a Class 4 felony. Unlawful sale of burglary tools under subsection (b-5) is a petty offense.

(Source: P.A. 96-1307, eff. 1-1-11.)".