Full Text of SB2720 95th General Assembly
SB2720sam002 95TH GENERAL ASSEMBLY
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Sen. Antonio Munoz
Filed: 5/30/2008
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09500SB2720sam002 |
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LRB095 05884 RLC 51424 a |
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| AMENDMENT TO SENATE BILL 2720
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| AMENDMENT NO. ______. Amend Senate Bill 2720 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 12-612 as follows:
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| (625 ILCS 5/12-612)
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| Sec. 12-612. False or secret compartment in a motor | 8 |
| vehicle.
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| (a) Offenses. It is unlawful for any person : | 10 |
| (1) to own or operate with criminal intent any motor
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| vehicle he or
she knows to contain a false or secret | 12 |
| compartment that is used or has been used to conceal a | 13 |
| firearm as prohibited by paragraph (a)(4) of Section 24-1 | 14 |
| or paragraph (a)(1) of Section 24-1.6 of the Criminal Code | 15 |
| of 1961, or controlled substance as prohibited by the | 16 |
| Illinois Controlled Substances Act or the Methamphetamine |
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LRB095 05884 RLC 51424 a |
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| Control and Community Protection Act; or .
It is unlawful | 2 |
| for any person
to knowingly | 3 |
| (2) to install, create, build, or fabricate in any | 4 |
| motor vehicle a false
or secret compartment knowing that | 5 |
| another person intends to use the compartment to conceal a | 6 |
| firearm as prohibited by paragraph (a)(4) of Section 24-1 | 7 |
| of the Criminal Code of 1961, or controlled substance as | 8 |
| prohibited by the Illinois Controlled Substances Act or the | 9 |
| Methamphetamine Control and Community Protection Act .
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| (b) Definitions. For purposes of this Section : , a "false | 11 |
| (1) "False or secret
compartment" means an enclosure | 12 |
| integrated into a vehicle that is a modification of the | 13 |
| vehicle as built by the original manufacturer. | 14 |
| (2) "Vehicle" means any of the following vehicles | 15 |
| without regard to whether the vehicles are private or | 16 |
| commercial, including, but not limited to, cars, trucks, | 17 |
| buses, aircraft, and watercraft any
enclosure that is | 18 |
| intended and designed to be used
to conceal, hide, and | 19 |
| prevent discovery by law enforcement
officers of the false | 20 |
| or secret compartment, or its contents, and which is
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| integrated into a vehicle.
For purpose of this Section,
a
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| person's intention to use a false or secret compartment to | 23 |
| conceal the
contents of the compartment from a law | 24 |
| enforcement officer may be inferred from
factors | 25 |
| including, but not limited to, the discovery of a person, | 26 |
| firearm,
controlled substance, or other contraband within |
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LRB095 05884 RLC 51424 a |
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| the false or secret
compartment, or from the discovery of | 2 |
| evidence of the previous placement of a
person, firearm, | 3 |
| controlled substance, or other contraband within the false | 4 |
| or
secret compartment .
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| (c) Forfeiture. Any motor vehicle containing a false or | 6 |
| secret compartment,
as well as any items within that | 7 |
| compartment, shall be subject to seizure by
the Department of | 8 |
| State Police or by any municipal or other local law
enforcement | 9 |
| agency within whose jurisdiction that property is found as | 10 |
| provided
in Sections 36-1 and 36-2 of the Criminal Code of 1961 | 11 |
| (720 ILCS 5/36-1 and
5/36-2). The removal of the false or | 12 |
| secret compartment from the motor
vehicle, or the promise to do | 13 |
| so, shall not be the basis for a defense to
forfeiture of the | 14 |
| motor vehicle under Section 36-2 of the Criminal Code of 1961
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| and shall not be the basis for the court to release the vehicle | 16 |
| to the owner.
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| (d) Sentence. A violation of this Section is a Class 4 | 18 |
| felony. The sentence imposed for violation of this Section | 19 |
| shall be served consecutively to any other sentence imposed in | 20 |
| connection with the firearm, controlled substance, or other | 21 |
| contraband concealed in the false or secret compartment. | 22 |
| (e) For purposes of this Section, a new owner is not | 23 |
| responsible for any conduct that occurred or knowledge of | 24 |
| conduct that occurred prior to transfer of title.
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| (Source: P.A. 93-276, eff. 1-1-04 .)".
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