100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4729

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/4-103  from Ch. 95 1/2, par. 4-103

    Amends the Illinois Vehicle Code. Provides that it is a violation for a person not entitled to the possession of a vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it with the intent to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle. Deletes language providing that it may be inferred that a person exercising exclusive unexplained possession over a stolen or converted vehicle or an essential part of a stolen or converted vehicle has knowledge that such vehicle or essential part is stolen or converted. Provides instead that the trier of fact may infer that a person intends to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle if the person: (i) operates a vehicle or possesses an essential part of a vehicle without the consent of the owner; or (ii) exercises exclusive unexplained possession over a vehicle or an essential part of a vehicle.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 4-103 as follows:
 
6    (625 ILCS 5/4-103)  (from Ch. 95 1/2, par. 4-103)
7    Sec. 4-103. Offenses relating to motor vehicles and other
8vehicles - Felonies.
9    (a) Except as provided in subsection (a-1), it is a
10violation of this Chapter for:
11        (1) A person not entitled to the possession of a
12    vehicle or essential part of a vehicle to receive, possess,
13    conceal, sell, dispose, or transfer it with the intent to
14    permanently or temporarily deprive the owner of his or her
15    title to or possession of the vehicle, regardless of
16    whether the person has the intent to steal the vehicle ,
17    knowing it to have been stolen or converted; additionally
18    the General Assembly finds that the acquisition and
19    disposition of vehicles and their essential parts are
20    strictly controlled by law and that such acquisitions and
21    dispositions are reflected by documents of title, uniform
22    invoices, rental contracts, leasing agreements and bills
23    of sale. The trier of fact may infer that a person intends

 

 

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1    to permanently or temporarily deprive the owner of his or
2    her title to or possession of the vehicle if the person:
3    (i) operates a vehicle or possesses an essential part of a
4    vehicle without the consent of the owner; or (ii) exercises
5    exclusive unexplained possession over a vehicle or an
6    essential part of a vehicle It may be inferred, therefore
7    that a person exercising exclusive unexplained possession
8    over a stolen or converted vehicle or an essential part of
9    a stolen or converted vehicle has knowledge that such
10    vehicle or essential part is stolen or converted,
11    regardless of whether the date on which such vehicle or
12    essential part was stolen is recent or remote;
13        (2) A person to knowingly remove, alter, deface,
14    destroy, falsify, or forge a manufacturer's identification
15    number of a vehicle or an engine number of a motor vehicle
16    or any essential part thereof having an identification
17    number;
18        (3) A person to knowingly conceal or misrepresent the
19    identity of a vehicle or any essential part thereof;
20        (4) A person to buy, receive, possess, sell or dispose
21    of a vehicle, or any essential part thereof, with knowledge
22    that the identification number of the vehicle or any
23    essential part thereof having an identification number has
24    been removed or falsified;
25        (5) A person to knowingly possess, buy, sell, exchange,
26    give away, or offer to buy, sell, exchange or give away,

 

 

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1    any manufacturer's identification number plate, mylar
2    sticker, federal certificate label, State police
3    reassignment plate, Secretary of State assigned plate,
4    rosette rivet, or facsimile of such which has not yet been
5    attached to or has been removed from the original or
6    assigned vehicle. It is an affirmative defense to
7    subsection (a) of this Section that the person possessing,
8    buying, selling or exchanging a plate mylar sticker or
9    label described in this paragraph is a police officer doing
10    so as part of his official duties, or is a manufacturer's
11    authorized representative who is replacing any
12    manufacturer's identification number plate, mylar sticker
13    or Federal certificate label originally placed on the
14    vehicle by the manufacturer of the vehicle or any essential
15    part thereof;
16        (6) A person to knowingly make a false report of the
17    theft or conversion of a vehicle to any police officer of
18    this State or any employee of a law enforcement agency of
19    this State designated by the law enforcement agency to
20    take, receive, process, or record reports of vehicle theft
21    or conversion.
22    (a-1) A person engaged in the repair or servicing of
23vehicles does not violate this Chapter by knowingly possessing
24a manufacturer's identification number plate for the purpose of
25reaffixing it on the same damaged vehicle from which it was
26originally taken, if the person reaffixes or intends to reaffix

 

 

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1the original manufacturer's identification number plate in
2place of the identification number plate affixed on a new
3dashboard that has been or will be installed in the vehicle.
4The person must notify the Secretary of State each time the
5original manufacturer's identification number plate is
6reaffixed on a vehicle. The person must keep a record
7indicating that the identification number plate affixed on the
8new dashboard has been removed and has been replaced by the
9manufacturer's identification number plate originally affixed
10on the vehicle. The person also must keep a record regarding
11the status and location of the identification number plate
12removed from the replacement dashboard. The Secretary shall
13adopt rules for implementing this subsection (a-1).
14    (a-2) The owner of a vehicle repaired under subsection
15(a-1) must, within 90 days of the date of the repairs, contact
16an officer of the Illinois State Police Vehicle Inspection
17Bureau and arrange for an inspection of the vehicle, by the
18officer or the officer's designee, at a mutually agreed upon
19date and location.
20    (b) Sentence. A person convicted of a violation of this
21Section shall be guilty of a Class 2 felony.
22    (c) The offenses set forth in subsection (a) of this
23Section shall not include the offense set forth in Section
244-103.2 of this Code.
25(Source: P.A. 93-456, eff. 8-8-03.)