Illinois General Assembly - Full Text of HB4729
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Full Text of HB4729  100th General Assembly




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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 while knowing or
14    recklessly disregarding that the vehicle or essential part
15    of a vehicle has been stolen or converted , knowing it to
16    have been stolen or converted; additionally the General
17    Assembly finds that the acquisition and disposition of
18    vehicles and their essential parts are strictly controlled
19    by law and that such acquisitions and dispositions are
20    reflected by documents of title, uniform invoices, rental
21    contracts, leasing agreements and bills of sale. The trier
22    of fact may infer that a person knows or recklessly
23    disregards that the vehicle or essential part of a vehicle



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



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



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1place of the identification number plate affixed on a new
2dashboard that has been or will be installed in the vehicle.
3The person must notify the Secretary of State each time the
4original manufacturer's identification number plate is
5reaffixed on a vehicle. The person must keep a record
6indicating that the identification number plate affixed on the
7new dashboard has been removed and has been replaced by the
8manufacturer's identification number plate originally affixed
9on the vehicle. The person also must keep a record regarding
10the status and location of the identification number plate
11removed from the replacement dashboard. The Secretary shall
12adopt rules for implementing this subsection (a-1).
13    (a-2) The owner of a vehicle repaired under subsection
14(a-1) must, within 90 days of the date of the repairs, contact
15an officer of the Illinois State Police Vehicle Inspection
16Bureau and arrange for an inspection of the vehicle, by the
17officer or the officer's designee, at a mutually agreed upon
18date and location.
19    (b) Sentence. A person convicted of a violation of this
20Section shall be guilty of a Class 2 felony.
21    (c) The offenses set forth in subsection (a) of this
22Section shall not include the offense set forth in Section
234-103.2 of this Code.
24(Source: P.A. 93-456, eff. 8-8-03.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.