Illinois General Assembly - Full Text of HB5150
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Full Text of HB5150  102nd General Assembly

HB5150 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5150

 

Introduced 1/27/2022, by Rep. Angelica Guerrero-Cuellar

 

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

    Amends the Illinois Vehicle Code. Provides that a person not entitled to the possession of a vehicle or essential part of a vehicle who receives, possesses, conceals, sells, disposes or transfers such vehicle, knowing it to have been stolen or converted, regardless of whether the person stole or converted the vehicle, commits a Class 2 felony.


LRB102 25094 RAM 34354 b

 

 

A BILL FOR

 

HB5150LRB102 25094 RAM 34354 b

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
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,
13    possess, conceal, sell, dispose, or transfer it, knowing
14    it to have been stolen or converted, regardless of whether
15    the person stole or converted the vehicle. Knowledge that
16    a vehicle or essential part is stolen or converted may be
17    inferred: (A) from the surrounding facts and
18    circumstances, which would lead a reasonable person to
19    believe that the vehicle or essential part is stolen or
20    converted; or (B) if the person exercises exclusive
21    unexplained possession over the stolen or converted
22    vehicle or essential part, regardless of whether the date
23    on which the vehicle or essential part was stolen is

 

 

HB5150- 2 -LRB102 25094 RAM 34354 b

1    recent or remote;
2        (2) A person to knowingly remove, alter, deface,
3    destroy, falsify, or forge a manufacturer's identification
4    number of a vehicle or an engine number of a motor vehicle
5    or any essential part thereof having an identification
6    number;
7        (3) A person to knowingly conceal or misrepresent the
8    identity of a vehicle or any essential part thereof;
9        (4) A person to buy, receive, possess, sell or dispose
10    of a vehicle, or any essential part thereof, with
11    knowledge that the identification number of the vehicle or
12    any essential part thereof having an identification number
13    has been removed or falsified;
14        (5) A person to knowingly possess, buy, sell,
15    exchange, give away, or offer to buy, sell, exchange or
16    give away, any manufacturer's identification number plate,
17    mylar sticker, federal certificate label, State police
18    reassignment plate, Secretary of State assigned plate,
19    rosette rivet, or facsimile of such which has not yet been
20    attached to or has been removed from the original or
21    assigned vehicle. It is an affirmative defense to
22    subsection (a) of this Section that the person possessing,
23    buying, selling or exchanging a plate mylar sticker or
24    label described in this paragraph is a police officer
25    doing so as part of his official duties, or is a
26    manufacturer's authorized representative who is replacing

 

 

HB5150- 3 -LRB102 25094 RAM 34354 b

1    any manufacturer's identification number plate, mylar
2    sticker or Federal certificate label originally placed on
3    the vehicle by the manufacturer of the vehicle or any
4    essential part thereof;
5        (6) A person to knowingly make a false report of the
6    theft or conversion of a vehicle to any police officer of
7    this State or any employee of a law enforcement agency of
8    this State designated by the law enforcement agency to
9    take, receive, process, or record reports of vehicle theft
10    or conversion.
11    (a-1) A person engaged in the repair or servicing of
12vehicles does not violate this Chapter by knowingly possessing
13a manufacturer's identification number plate for the purpose
14of reaffixing it on the same damaged vehicle from which it was
15originally taken, if the person reaffixes or intends to
16reaffix the original manufacturer's identification number
17plate in place of the identification number plate affixed on a
18new dashboard that has been or will be installed in the
19vehicle. The person must notify the Secretary of State each
20time the original manufacturer's identification number plate
21is reaffixed on a vehicle. The person must keep a record
22indicating that the identification number plate affixed on the
23new dashboard has been removed and has been replaced by the
24manufacturer's identification number plate originally affixed
25on the vehicle. The person also must keep a record regarding
26the status and location of the identification number plate

 

 

HB5150- 4 -LRB102 25094 RAM 34354 b

1removed from the replacement dashboard. The Secretary shall
2adopt rules for implementing this subsection (a-1).
3    (a-2) The owner of a vehicle repaired under subsection
4(a-1) must, within 90 days of the date of the repairs, contact
5an officer of the Illinois State Police Vehicle Inspection
6Bureau and arrange for an inspection of the vehicle, by the
7officer or the officer's designee, at a mutually agreed upon
8date and location.
9    (b) Sentence. A person convicted of a violation of this
10Section shall be guilty of a Class 2 felony.
11    (c) The offenses set forth in subsection (a) of this
12Section shall not include the offense set forth in Section
134-103.2 of this Code.
14(Source: P.A. 100-745, eff. 8-10-18.)