Full Text of HB4729 100th General Assembly
HB4729 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4729 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
|
625 ILCS 5/4-103 | from Ch. 95 1/2, par. 4-103 |
|
Amends the Illinois Vehicle Code. Provides that it is a violation for a person not entitled to the possession of a vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it with the intent to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle. Deletes language providing that it may be inferred that a person exercising exclusive unexplained
possession over a stolen or converted vehicle or an essential part of a
stolen or converted vehicle has knowledge that such vehicle or essential
part is stolen or converted. Provides instead that the trier of fact may infer that a person intends to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle if the person: (i) operates a vehicle or possesses an essential part of a vehicle without the consent of the owner; or (ii) exercises exclusive unexplained possession over a vehicle or an essential part of a vehicle.
|
| |
| | A BILL FOR |
|
| | | HB4729 | | LRB100 17438 LNS 32606 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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
| 8 | | vehicles - Felonies.
| 9 | | (a) Except as provided in subsection (a-1), it is a | 10 | | violation 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 with the intent to | 14 | | permanently or temporarily deprive the owner of his or her | 15 | | title to or possession of the vehicle, regardless of | 16 | | whether the person has the intent to steal the vehicle , | 17 | | knowing it to have been stolen or converted ; additionally | 18 | | the General
Assembly finds that the acquisition and | 19 | | disposition of vehicles and their
essential parts are | 20 | | strictly controlled by law and that such acquisitions
and | 21 | | dispositions are reflected by documents of title, uniform | 22 | | invoices,
rental contracts, leasing agreements and bills | 23 | | of sale. The trier of fact may infer that a person intends |
| | | HB4729 | - 2 - | LRB100 17438 LNS 32606 b |
|
| 1 | | to permanently or temporarily deprive the owner of his or | 2 | | her title to or possession of the vehicle if the person: | 3 | | (i) operates a vehicle or possesses an essential part of a | 4 | | vehicle without the consent of the owner; or (ii) exercises | 5 | | exclusive unexplained possession over a vehicle or an | 6 | | essential part of a vehicle It may be
inferred, therefore | 7 | | that a person exercising exclusive unexplained
possession | 8 | | over a stolen or converted vehicle or an essential part of | 9 | | a
stolen or converted vehicle has knowledge that such | 10 | | vehicle or essential
part is stolen or converted , | 11 | | regardless of whether the date on which such
vehicle or | 12 | | essential part was stolen is recent or remote;
| 13 | | (2) A person to knowingly remove, alter, deface, | 14 | | destroy,
falsify, or forge a
manufacturer's identification | 15 | | number of a vehicle or an engine number of
a motor vehicle | 16 | | or any essential part thereof having an identification
| 17 | | number;
| 18 | | (3) A person to knowingly conceal or misrepresent the | 19 | | identity of a
vehicle or any essential part thereof;
| 20 | | (4) A person to buy, receive, possess, sell or dispose | 21 | | of a vehicle,
or any essential part thereof, with knowledge | 22 | | that the identification
number of the vehicle or any | 23 | | essential part thereof having an
identification number has | 24 | | been removed or falsified;
| 25 | | (5) A person to knowingly possess, buy, sell, exchange, | 26 | | give away, or
offer to buy, sell, exchange or give away, |
| | | HB4729 | - 3 - | LRB100 17438 LNS 32606 b |
|
| 1 | | any manufacturer's
identification number plate, mylar | 2 | | sticker, federal certificate label,
State police | 3 | | reassignment plate, Secretary of State assigned plate, | 4 | | rosette
rivet, or facsimile of such which has not yet been | 5 | | attached to or has been
removed from the original or | 6 | | assigned vehicle. It is an affirmative
defense to | 7 | | subsection (a) of this Section that the person possessing,
| 8 | | buying, selling or exchanging a plate mylar sticker or | 9 | | label described in
this paragraph is a police officer doing | 10 | | so as part of his official duties,
or is a manufacturer's | 11 | | authorized representative
who is replacing any
| 12 | | manufacturer's identification number plate, mylar sticker | 13 | | or Federal
certificate label originally placed on the | 14 | | vehicle by the manufacturer of
the vehicle or any essential | 15 | | part
thereof;
| 16 | | (6) A person to knowingly make a false report of the | 17 | | theft or conversion
of a vehicle to any police officer of | 18 | | this State or any employee of a law
enforcement agency of | 19 | | this State designated by the law enforcement agency to
| 20 | | take, receive, process, or record reports of vehicle theft | 21 | | or conversion.
| 22 | | (a-1) A person engaged in the repair or servicing of | 23 | | vehicles does not
violate
this
Chapter by knowingly possessing | 24 | | a manufacturer's identification number plate
for the
purpose of | 25 | | reaffixing it on the same damaged vehicle from which it was
| 26 | | originally taken,
if the person reaffixes or intends to reaffix |
| | | HB4729 | - 4 - | LRB100 17438 LNS 32606 b |
|
| 1 | | the original manufacturer's
identification
number plate in | 2 | | place of the identification number plate affixed on a new
| 3 | | dashboard that
has been or will be installed in the vehicle. | 4 | | The person must notify the
Secretary of State
each time the | 5 | | original manufacturer's identification number plate is | 6 | | reaffixed
on a
vehicle. The person must keep a record | 7 | | indicating that the identification
number plate
affixed on the | 8 | | new dashboard has been removed and has been replaced by the
| 9 | | manufacturer's identification number plate originally affixed | 10 | | on the vehicle.
The person
also must keep a record regarding | 11 | | the status and location of the identification
number
plate | 12 | | removed from the replacement dashboard.
The Secretary shall | 13 | | adopt rules for implementing this subsection (a-1).
| 14 | | (a-2) The owner of a vehicle repaired under subsection | 15 | | (a-1) must,
within 90 days of the date of the repairs, contact | 16 | | an officer of the Illinois
State Police Vehicle Inspection | 17 | | Bureau and arrange for an inspection of the
vehicle, by the | 18 | | officer or the officer's designee, at a mutually agreed upon
| 19 | | date and location.
| 20 | | (b) Sentence. A person convicted of a violation of this | 21 | | Section shall
be guilty of a Class 2 felony.
| 22 | | (c) The offenses set forth in subsection (a) of this | 23 | | Section shall not
include the offense set forth in Section | 24 | | 4-103.2 of this Code.
| 25 | | (Source: P.A. 93-456, eff. 8-8-03.)
|
|