HB4452eng 97TH GENERAL ASSEMBLY

HB4452 Engrossed LRB097 16480 MRW 61648 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 5-401.3 as follows:

(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)

Sec. 5-401.3. Scrap processors required to keep records; payment method for recyclable metal.

(a) Every person licensed or required to be licensed as a scrap processor pursuant to Section 5-301 of this Chapter shall maintain for 3 years, at his established place of business, the following records relating to the acquisition of recyclable metals or the acquisition of a vehicle, junk vehicle, or vehicle cowl which has been acquired for the purpose of processing into a form other than a vehicle, junk vehicle or vehicle cowl which is possessed in the State or brought into this State from another state, territory or country. No scrap metal processor shall sell a vehicle or essential part, as such, except for engines, transmissions, and powertrains, unless licensed to do so under another provision of this Code. A scrap processor who is additionally licensed as an automotive parts recycler shall not be subject to the record keeping requirements for a scrap processor when acting as an automotive parts recycler.

(1) For a vehicle, junk vehicle, or vehicle cowl acquired from a person who is licensed under this Chapter, the scrap processor shall record the name and address of the person, and the Illinois or out-of-state dealer license number of such person on the scrap processor's weight ticket at the time of the acquisition. The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms: a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Uniform Invoice, a Certificate of Purchase, or other similar documentary proof of ownership. The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.

(2) For a vehicle, junk vehicle or vehicle cowl acquired from a person who is not licensed under this Chapter, the scrap processor shall verify and record that person's identity by recording the identification of such person from at least 2 sources of identification, one of which shall be a driver's license or State Identification Card, on the scrap processor's weight ticket at the time of the acquisition. The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms: a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Certificate of Purchase, or other similar documentary proof of ownership. The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.

(3) In addition to the other information required on the scrap processor's weight ticket, a scrap processor who at the time of acquisition of a vehicle, junk vehicle, or vehicle cowl is furnished a Certificate of Title, Salvage Certificate or Certificate of Purchase shall record the Vehicle Identification Number on the weight ticket or affix a copy of the Certificate of Title, Salvage Certificate or Certificate of Purchase to the weight ticket and the identification of the person acquiring the information on the behalf of the scrap processor.

(4) The scrap processor shall maintain a copy of a Junk Vehicle Notification relating to any Certificate of Title, Salvage Certificate, Certificate of Purchase or similarly acceptable out-of-state document surrendered to the Secretary of State pursuant to the provisions of Section 3-117.2 of this Code.

(5) For recyclable metals valued at $100 or more, the scrap processor shall, for each transaction, record the identity of the person from whom the recyclable metals were acquired by verifying the identification of that person from one source of identification, which shall be a valid driver's license or State Identification Card, on the scrap processor's weight ticket at the time of the acquisition and by making and recording a photocopy or electronic scan of the driver's license or State Identification Card. Such information shall be available for inspection by any law enforcement official. If the person delivering the recyclable metal does not have a valid driver's license or State Identification Card, the scrap processor shall not complete the transaction. The inspection of records pertaining only to recyclable metals shall not be counted as an inspection of a premises for purposes of subparagraph (7) of Section 5-403 of this Code.

This subdivision (a)(5) does not apply to electrical contractors, to agencies or instrumentalities of the State of Illinois or of the United States, to common carriers, to purchases from persons, firms, or corporations regularly engaged in the business of manufacturing recyclable metal, in the business of selling recyclable metal at retail or wholesale, or in the business of razing, demolishing, destroying, or removing buildings, to the purchase by one recyclable metal dealer from another, or the purchase from persons, firms, or corporations engaged in either the generation, transmission, or distribution of electric energy or in telephone, telegraph, and other communications if such common carriers, persons, firms, or corporations at the time of the purchase provide the recyclable metal dealer with a bill of sale or other written evidence of title to the recyclable metal. This subdivision (a)(5) also does not apply to contractual arrangements between dealers.

(b) Any licensee who knowingly fails to record any of the specific information required to be recorded on the weight ticket required under any other subsection of this Section, or Section 5-401 of this Code, or who knowingly fails to acquire and maintain for 3 years documentary proof of ownership in one of the prescribed forms shall be guilty of a Class A misdemeanor and subject to a fine not to exceed $1,000. Each violation shall constitute a separate and distinct offense and a separate count may be brought in the same complaint for each violation. Any licensee who commits a second violation of this Section within two years of a previous conviction of a violation of this Section shall be guilty of a Class 4 felony.

(c) It shall be an affirmative defense to an offense brought under paragraph (b) of this Section that the licensee or person required to be licensed both reasonably and in good faith relied on information appearing on a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Manifest, a Secretary of State's Uniform Invoice, a Certificate of Purchase, or other documentary proof of ownership prepared under Section 3-117.1(a) of this Code, relating to the transaction for which the required record was not kept which was supplied to the licensee by another licensee or an out-of-state dealer.

(d) No later than 15 days prior to going out of business, selling the business, or transferring the ownership of the business, the scrap processor shall notify the Secretary of that fact. Failure to so notify the Secretary of State shall constitute a failure to keep records under this Section.

(e) Evidence derived directly or indirectly from the keeping of records required to be kept under this Section shall not be admissible in a prosecution of the licensee for an alleged violation of Section 4-102(a)(3) of this Code.

(f) A scrap processor may not pay for the purchase of recyclable metal with cash if the purchase price for the recyclable metal is $100 or more.

(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)

Section 10. The Criminal Code of 1961 is amended by adding Section 16-1.4 as follows:

(720 ILCS 5/16-1.4 new)

Sec. 16-1.4. Possession or transportation of stolen ferrous or nonferrous metal; property damage caused by obtaining ferrous or nonferrous metal; disruption of service.

(a) Possession or transportation of stolen ferrous or nonferrous metal.

(1) A person commits possession or transportation of ferrous or nonferrous metal when he or she possesses, possesses in a vehicle, or transports in a vehicle stolen ferrous or nonferrous metal, including but not limited to copper, HVAC (heating, ventilation, air-conditioning) components, and catalytic converters.

(2) A person commits possession or transportation of ferrous or nonferrous metal when he or she:

(A) transports in a vehicle ferrous or nonferrous metal that the person knows or reasonably should know is stolen;

(B) possesses in a vehicle on the highways of this State ferrous or nonferrous metal that the person knows or reasonably should know is stolen;

(C) operates a vehicle used in the ordinary course of business to transport ferrous or nonferrous metal that the person knows or reasonably should know is stolen;

(D) presents a valid or falsified permit to transport and sell ferrous or nonferrous metal that the person knows or reasonably should know is stolen; or

(E) presents a valid or falsified bill of sale for ferrous or nonferrous metal that the person knows or reasonably should know is stolen.

(b) Property damage caused by obtaining ferrous or nonferrous metal. A person commits property damage caused by obtaining ferrous or nonferrous metal when he or she knowingly cuts, mutilates, defaces, or otherwise injures any personal or real property, including any fixtures or improvements, for the purpose of obtaining ferrous or nonferrous metal in any amount.

(c) Disruption of service. A person commits disruption of service when he or she during the commission of the offense of possession or transportation of stolen ferrous or nonferrous metal or the offense of property damage caused by obtaining ferrous or nonferrous metal, he or she causes a disruption of communication or electrical service to critical infrastructure or to more than 10 customers of the communication or electrical service.

(d) Exemption from civil liability.

(1) A public or private owner of personal or real property is not civilly liable to a person who is injured during the commission or attempted commission of an offense under this Section, by the person or a third party.

(2) A public or private owner of personal or real property is not civilly liable for an injury to a person caused by a dangerous condition of the personal property or on the real property created as a result of the commission or attempted commission of an offense under this Section by the person or a third party, unless the owner of the personal or real property knew or reasonably should have known of the dangerous condition.

(3) This subsection does not create or impose a duty of care or basis of liability upon an owner of personal or real property that would not otherwise exist under common law or statute.

(e) Sentence.

(1) Except as provided in paragraphs (6) and (7) of this subsection, a violation of paragraph (a)(1) when the value of the stolen material is $50 or less is:

(A) a Class C misdemeanor for a first offense;

(B) a Class A misdemeanor for a second offense; and

(C) a Class 4 felony for a third or subsequent offense.

(2) Except as provided in paragraphs (6) and (7) of this subsection, a violation of paragraph (a)(1) when the value of the stolen material is more than $50 is:

(A) a Class A misdemeanor for a first offense;

(B) a Class 4 felony for a second offense; and

(C) a Class 3 felony for a third or subsequent offense.

(3) Except as provided in paragraphs (6) and (7) of this subsection, a violation of paragraph (a)(2) is a Class 2 felony.

(4) Except as provided in paragraphs (6) and (7) of this subsection, a violation of subsection (b) is:

(A) a Class 4 felony, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is less than $5,000; and

(B) a Class 3 felony, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is $5,000 or more.

(5) Except as provided in paragraphs (6) and (7) of this subsection, a violation of subsection (c) is a Class A misdemeanor.

(6) A violation of this Section which results in great bodily harm, permanent disability, disfigurement, or a substantial risk of death to another person is a Class 1 felony.

(7) A violation of this Section which results in the death of another person is a Class X felony.