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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by adding | ||||||
| 5 | Section 12-614 as follows: | ||||||
| 6 | (625 ILCS 5/12-614 new) | ||||||
| 7 | Sec. 12-614. Vehicle security circumvention device. | ||||||
| 8 | (a) As used in this Section, "vehicle security | ||||||
| 9 | circumvention device" means a device that is capable of | ||||||
| 10 | obtaining, intercepting, or processing information from a | ||||||
| 11 | motor vehicle keyless entry system. | ||||||
| 12 | (b) No person may possess a vehicle security circumvention | ||||||
| 13 | device if he or she has been convicted of a felony under | ||||||
| 14 | Section 4-103 within the previous 5 years. A person who | ||||||
| 15 | commits a violation of this subsection is guilty of a Class A | ||||||
| 16 | misdemeanor. | ||||||
| 17 | (c) No person may possess a vehicle security circumvention | ||||||
| 18 | device in this State except for the following persons: | ||||||
| 19 | (1) an employee of a facility subject to the | ||||||
| 20 | Automotive Repair Act or the Automotive Collision Repair | ||||||
| 21 | Act; | ||||||
| 22 | (2) a new vehicle dealer or used vehicle dealer | ||||||
| 23 | licensed under Section 5-101 or 5-102; | ||||||
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| 1 | (3) a locksmith licensed under the Private Detective, | ||||||
| 2 | Private Alarm, Private Security, Fingerprint Vendor, and | ||||||
| 3 | Locksmith Act of 2004; | ||||||
| 4 | (4) a repossession agent; or | ||||||
| 5 | (5) a State or local law enforcement officer. | ||||||
| 6 | A person who commits a violation of this subsection is | ||||||
| 7 | guilty of a Class B misdemeanor. | ||||||
| 8 | (d) Any seller of a vehicle security circumvention device | ||||||
| 9 | in this State who reaches an agreement with a buyer for the | ||||||
| 10 | purchase of the vehicle security circumvention device shall | ||||||
| 11 | conduct a criminal background check of the buyer before | ||||||
| 12 | completing the sale. A seller of a vehicle security | ||||||
| 13 | circumvention device who conducts a criminal background check | ||||||
| 14 | under this Section shall not complete the sale of the vehicle | ||||||
| 15 | security circumvention device if the background check reveals | ||||||
| 16 | that the buyer has been convicted of a felony in this State or | ||||||
| 17 | another jurisdiction within the 5 years preceding the sale. A | ||||||
| 18 | seller who violates this subsection is guilty of a Class A | ||||||
| 19 | misdemeanor. | ||||||
| 20 | (e) Any seller of a vehicle security circumvention device | ||||||
| 21 | in this State who reaches an agreement with a buyer for the | ||||||
| 22 | purchase of the vehicle security circumvention device shall | ||||||
| 23 | confirm that the buyer may lawfully possess a vehicle security | ||||||
| 24 | circumvention device pursuant to subsections (b) and (c) | ||||||
| 25 | before completing the sale. A seller of a vehicle security | ||||||
| 26 | circumvention device shall not complete the sale of the | ||||||
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| 1 | vehicle security circumvention device if the buyer is unable | ||||||
| 2 | to confirm that the buyer may lawfully possess a vehicle | ||||||
| 3 | security circumvention device pursuant to subsections (b) and | ||||||
| 4 | (c). A seller who violates this subsection is guilty of a Class | ||||||
| 5 | B misdemeanor.
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