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


Rep. Jaime M. Andrade, Jr.

Filed: 3/8/2018





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2    AMENDMENT NO. ______. Amend House Bill 4729 by replacing
3everything after the enacting clause with the following:
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, 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



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1    Assembly finds that the acquisition and disposition of
2    vehicles and their essential parts are strictly controlled
3    by law and that such acquisitions and dispositions are
4    reflected by documents of title, uniform invoices, rental
5    contracts, leasing agreements and bills of sale. The trier
6    of fact may infer that a person knows or recklessly
7    disregards that the vehicle or essential part of a vehicle
8    has been stolen or converted if the person: (i) operates a
9    vehicle or possesses an essential part of a vehicle without
10    the consent of the owner; or (ii) exercises unexplained
11    possession over a vehicle or an essential part of a vehicle
12    It may be inferred, therefore that a person exercising
13    exclusive unexplained possession over a stolen or
14    converted vehicle or an essential part of a stolen or
15    converted vehicle has knowledge that such vehicle or
16    essential part is stolen or converted, regardless of
17    whether the date on which such vehicle or essential part
18    was stolen is recent or remote;
19        (2) A person to knowingly remove, alter, deface,
20    destroy, falsify, or forge a manufacturer's identification
21    number of a vehicle or an engine number of a motor vehicle
22    or any essential part thereof having an identification
23    number;
24        (3) A person to knowingly conceal or misrepresent the
25    identity of a vehicle or any essential part thereof;
26        (4) A person to buy, receive, possess, sell or dispose



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1    of a vehicle, or any essential part thereof, with knowledge
2    that the identification number of the vehicle or any
3    essential part thereof having an identification number has
4    been removed or falsified;
5        (5) A person to knowingly possess, buy, sell, exchange,
6    give away, or offer to buy, sell, exchange or give away,
7    any manufacturer's identification number plate, mylar
8    sticker, federal certificate label, State police
9    reassignment plate, Secretary of State assigned plate,
10    rosette rivet, or facsimile of such which has not yet been
11    attached to or has been removed from the original or
12    assigned vehicle. It is an affirmative defense to
13    subsection (a) of this Section that the person possessing,
14    buying, selling or exchanging a plate mylar sticker or
15    label described in this paragraph is a police officer doing
16    so as part of his official duties, or is a manufacturer's
17    authorized representative who is replacing any
18    manufacturer's identification number plate, mylar sticker
19    or Federal certificate label originally placed on the
20    vehicle by the manufacturer of the vehicle or any essential
21    part thereof;
22        (6) A person to knowingly make a false report of the
23    theft or conversion of a vehicle to any police officer of
24    this State or any employee of a law enforcement agency of
25    this State designated by the law enforcement agency to
26    take, receive, process, or record reports of vehicle theft



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1    or conversion.
2    (a-1) A person engaged in the repair or servicing of
3vehicles does not violate this Chapter by knowingly possessing
4a manufacturer's identification number plate for the purpose of
5reaffixing it on the same damaged vehicle from which it was
6originally taken, if the person reaffixes or intends to reaffix
7the original manufacturer's identification number plate in
8place of the identification number plate affixed on a new
9dashboard that has been or will be installed in the vehicle.
10The person must notify the Secretary of State each time the
11original manufacturer's identification number plate is
12reaffixed on a vehicle. The person must keep a record
13indicating that the identification number plate affixed on the
14new dashboard has been removed and has been replaced by the
15manufacturer's identification number plate originally affixed
16on the vehicle. The person also must keep a record regarding
17the status and location of the identification number plate
18removed from the replacement dashboard. The Secretary shall
19adopt rules for implementing this subsection (a-1).
20    (a-2) The owner of a vehicle repaired under subsection
21(a-1) must, within 90 days of the date of the repairs, contact
22an officer of the Illinois State Police Vehicle Inspection
23Bureau and arrange for an inspection of the vehicle, by the
24officer or the officer's designee, at a mutually agreed upon
25date and location.
26    (b) Sentence. A person convicted of a violation of this



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1Section shall be guilty of a Class 2 felony.
2    (c) The offenses set forth in subsection (a) of this
3Section shall not include the offense set forth in Section
44-103.2 of this Code.
5(Source: P.A. 93-456, eff. 8-8-03.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".