Illinois General Assembly - Full Text of HB0587
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Full Text of HB0587  102nd General Assembly

HB0587 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0587

 

Introduced 2/8/2021, by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-23 new
720 ILCS 5/19-2  from Ch. 38, par. 19-2
720 ILCS 5/19-2.5

    Amends the Criminal Code of 2012. Provides that the offense of possession of burglary tools includes possessing a vehicle security circumvention device and not being a: (1) mechanic; (2) licensed new or used vehicle dealer; (3) licensed locksmith; (4) repossession agent; or (5) State or local law enforcement officer. Provides that a violation is a Class C misdemeanor. Provides that the offense of unlawful sale of burglary tools includes knowingly selling or transferring a vehicle security circumvention device with knowledge that the device will be used by the person or another to commit a violation of law. Provides that a violation is a petty offense. Defines "vehicle security circumvention device".


LRB102 04398 RLC 14416 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0587LRB102 04398 RLC 14416 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 19-2 and 19-2.5 and by adding Section 2-23 as
6follows:
 
7    (720 ILCS 5/2-23 new)
8    Sec. 2-23. Vehicle security circumvention device.
9    "Vehicle security circumvention device" means a device
10that is capable of obtaining, intercepting, or processing
11information from a motor vehicle keyless entry system that
12would allow entry into a motor vehicle or start a motor
13vehicle, without the owner's consent.
 
14    (720 ILCS 5/19-2)  (from Ch. 38, par. 19-2)
15    Sec. 19-2. Possession of burglary tools.
16    (a) A person commits possession of burglary tools when he
17or she possesses any key, tool, instrument, device, or any
18explosive, suitable for use in breaking into a building,
19housetrailer, watercraft, aircraft, motor vehicle, railroad
20car, or any depository designed for the safekeeping of
21property, or any part thereof, with intent to enter that place
22and with intent to commit therein a felony or theft. The trier

 

 

HB0587- 2 -LRB102 04398 RLC 14416 b

1of fact may infer from the possession of a key designed for
2lock bumping an intent to commit a felony or theft; however,
3this inference does not apply to any peace officer or other
4employee of a law enforcement agency, or to any person or
5agency licensed under the Private Detective, Private Alarm,
6Private Security, Fingerprint Vendor, and Locksmith Act of
72004. For the purposes of this Section, "lock bumping" means a
8lock picking technique for opening a pin tumbler lock using a
9specially-crafted bumpkey.
10    (a-5) A person commits possession of burglary tools when
11he or she possesses a vehicle security circumvention device
12and that person is not a:
13        (1) mechanic;
14        (2) new vehicle dealer or used vehicle dealer licensed
15    under Section 5-101 or 5-102 of the Illinois Vehicle Code;
16        (3) locksmith licensed under the Private Detective,
17    Private Alarm, Private Security, Fingerprint Vendor, and
18    Locksmith Act of 2004;
19        (4) repossession agent; or
20        (5) State or local law enforcement officer.
21    (b) Sentence.
22    Possession of burglary tools in subsection (a) is a Class
234 felony. Possession of burglary tools in subsection (a-5) is
24a Class C misdemeanor.
25(Source: P.A. 97-1108, eff. 1-1-13.)
 

 

 

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1    (720 ILCS 5/19-2.5)
2    Sec. 19-2.5. Unlawful sale of burglary tools.
3    (a) For the purposes of this Section:
4        "Lock bumping" means a lock picking technique for
5    opening a pin tumbler lock using a specially-crafted
6    bumpkey.
7        "Motor vehicle" has the meaning ascribed to it in the
8    Illinois Vehicle Code.
9    (b) A person commits the offense of unlawful sale of
10burglary tools when he or she knowingly sells or transfers any
11key, including a key designed for lock bumping, or a lock pick
12specifically manufactured or altered for use in breaking into
13a building, housetrailer, watercraft, aircraft, motor vehicle,
14railroad car, or any depository designed for the safekeeping
15of property, or any part of that property.
16    (b-5) A person commits unlawful sale of burglary tools
17when he or she knowingly sells or transfers a vehicle security
18circumvention device with knowledge that the device will be
19used by the person or another to commit a violation of law.
20    (c) This Section does not apply to the sale or transfer of
21any item described in subsection (b) to any peace officer or
22other employee of a law enforcement agency, or to any person or
23agency licensed as a locksmith under the Private Detective,
24Private Alarm, Private Security, Fingerprint Vendor, and
25Locksmith Act of 2004, or to any person engaged in the business
26of towing vehicles, or to any person engaged in the business of

 

 

HB0587- 4 -LRB102 04398 RLC 14416 b

1lawful repossession of property who possesses a valid
2Repossessor-ICC Authorization Card.
3    (c-5) Any seller of a vehicle security circumvention
4device in this State who reaches an agreement with a buyer for
5the purchase of the vehicle circumvention device shall conduct
6a criminal background check of the buyer before completing the
7purchase. A seller of a vehicle circumvention device who
8conducts a criminal background check under this Section shall
9not complete the purchase of the device if the background
10check reveals that the buyer has been convicted of a felony.
11    (d) Sentence. Unlawful sale of burglary tools under
12subsection (b) is a Class 4 felony. Unlawful sale of burglary
13tools under subsection (b-5) is a petty offense.
14(Source: P.A. 96-1307, eff. 1-1-11.)