Sen. Ira I. Silverstein

Filed: 5/6/2013





09800HB3021sam001LRB098 10961 MLW 45327 a


2    AMENDMENT NO. ______. Amend House Bill 3021 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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, knowing it to have
14    been stolen or converted; additionally the General
15    Assembly finds that the acquisition and disposition of
16    vehicles and their essential parts are strictly controlled



09800HB3021sam001- 2 -LRB098 10961 MLW 45327 a

1    by law and that such acquisitions and dispositions are
2    reflected by documents of title, uniform invoices, rental
3    contracts, leasing agreements and bills of sale. It may be
4    inferred, therefore that a person exercising exclusive
5    unexplained possession over a stolen or converted vehicle
6    or an essential part of a stolen or converted vehicle has
7    knowledge that such vehicle or essential part is stolen or
8    converted, regardless of whether the date on which such
9    vehicle or essential part was stolen is recent or remote;
10        (2) A person to knowingly remove, alter, deface,
11    destroy, falsify, or forge a manufacturer's identification
12    number of a vehicle or an engine number of a motor vehicle
13    or any essential part thereof having an identification
14    number;
15        (3) A person to knowingly conceal or misrepresent the
16    identity of a vehicle or any essential part thereof;
17        (4) A person to buy, receive, possess, sell or dispose
18    of a vehicle, or any essential part thereof, with knowledge
19    that the identification number of the vehicle or any
20    essential part thereof having an identification number has
21    been removed or falsified;
22        (5) A person to knowingly possess, buy, sell, exchange,
23    give away, or offer to buy, sell, exchange or give away,
24    any manufacturer's identification number plate, mylar
25    sticker, federal certificate label, State police
26    reassignment plate, Secretary of State assigned plate,



09800HB3021sam001- 3 -LRB098 10961 MLW 45327 a

1    rosette rivet, or facsimile of such which has not yet been
2    attached to or has been removed from the original or
3    assigned vehicle. It is an affirmative defense to
4    subsection (a) of this Section that the person possessing,
5    buying, selling or exchanging a plate mylar sticker or
6    label described in this paragraph is a police officer doing
7    so as part of his official duties, or is a manufacturer's
8    authorized representative who is replacing any
9    manufacturer's identification number plate, mylar sticker
10    or Federal certificate label originally placed on the
11    vehicle by the manufacturer of the vehicle or any essential
12    part thereof;
13        (6) A person to knowingly make a false report of the
14    theft or conversion of a vehicle to any police officer of
15    this State or any employee of a law enforcement agency of
16    this State designated by the law enforcement agency to
17    take, receive, process, or record reports of vehicle theft
18    or conversion; or .
19        (7) A person not entitled to the possession of a
20    catalytic converter to receive, possess, conceal, sell,
21    dispose, or transfer that catalytic converter, knowing it
22    to have been stolen or converted. It may be inferred that a
23    person exercising exclusive unexplained possession over a
24    catalytic converter has knowledge that the catalytic
25    converter is stolen or converted, regardless of the date
26    the catalytic converter was stolen or converted.



09800HB3021sam001- 4 -LRB098 10961 MLW 45327 a

1    (a-1) A person engaged in the repair or servicing of
2vehicles does not violate this Chapter by knowingly possessing
3a manufacturer's identification number plate for the purpose of
4reaffixing it on the same damaged vehicle from which it was
5originally taken, if the person reaffixes or intends to reaffix
6the original manufacturer's identification number plate in
7place of the identification number plate affixed on a new
8dashboard that has been or will be installed in the vehicle.
9The person must notify the Secretary of State each time the
10original manufacturer's identification number plate is
11reaffixed on a vehicle. The person must keep a record
12indicating that the identification number plate affixed on the
13new dashboard has been removed and has been replaced by the
14manufacturer's identification number plate originally affixed
15on the vehicle. The person also must keep a record regarding
16the status and location of the identification number plate
17removed from the replacement dashboard. The Secretary shall
18adopt rules for implementing this subsection (a-1).
19    (a-2) The owner of a vehicle repaired under subsection
20(a-1) must, within 90 days of the date of the repairs, contact
21an officer of the Illinois State Police Vehicle Inspection
22Bureau and arrange for an inspection of the vehicle, by the
23officer or the officer's designee, at a mutually agreed upon
24date and location.
25    (b) Sentence. A person convicted of a violation of this
26Section shall be guilty of a Class 2 felony, except that a



09800HB3021sam001- 5 -LRB098 10961 MLW 45327 a

1person convicted of a violation of paragraph (7) of subsection
2(a) of this Section shall be guilty of a Class 4 felony.
3    (c) The offenses set forth in subsection (a) of this
4Section shall not include the offense set forth in Section
54-103.2 of this Code.
6(Source: P.A. 93-456, eff. 8-8-03.)".