Full Text of HB5545 100th General Assembly
HB5545ham001 100TH GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 4/10/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5545
| 2 | | AMENDMENT NO. ______. Amend House Bill 5545 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 19-2 and 19-2.5 and by adding Section 2-23 as | 6 | | follows: | 7 | | (720 ILCS 5/2-23 new) | 8 | | Sec. 2-23. Vehicle security circumvention device. | 9 | | "Vehicle security circumvention device" means a device | 10 | | that is capable of obtaining, intercepting, or processing | 11 | | information from a motor vehicle keyless entry system that | 12 | | would allow entry into a motor vehicle or start a motor | 13 | | vehicle, 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.
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| 1 | | (a) A person commits
possession of burglary tools when he
| 2 | | or she possesses any key, tool, instrument, device, or any | 3 | | explosive, suitable for
use in breaking into a building, | 4 | | housetrailer, watercraft, aircraft, motor
vehicle, railroad | 5 | | car, or any
depository designed for the safekeeping of | 6 | | property, or any part thereof,
with intent to enter that place | 7 | | and with intent to commit therein a
felony or theft. The trier | 8 | | of fact may infer from the possession of a key designed for | 9 | | lock bumping an intent to commit a felony or theft; however, | 10 | | this inference does not apply to any peace officer or other | 11 | | employee of a law enforcement agency, or to any person or | 12 | | agency licensed under the Private Detective, Private Alarm, | 13 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 14 | | 2004. For the purposes of this Section, "lock bumping" means a | 15 | | lock picking technique for opening a pin tumbler lock using a | 16 | | specially-crafted bumpkey. The trier of fact may infer from the | 17 | | possession of a vehicle security circumvention device an intent | 18 | | to commit a felony or theft; however, this inference does not | 19 | | apply to a mechanic, a new vehicle dealer or used vehicle | 20 | | dealer licensed under Section 5-101 or 5-102
of the Illinois | 21 | | Vehicle Code, a locksmith licensed under the Private Detective,
| 22 | | Private Alarm, Private Security, Fingerprint Vendor, and
| 23 | | Locksmith Act of 2004,
a repossession agent, or any peace | 24 | | officer or other employee of a law enforcement agency. | 25 | | (a-5) In this Section, "device" includes a vehicle security | 26 | | circumvention device. |
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| 1 | | (b) Sentence.
| 2 | | Possession of burglary tools is a Class 4
felony.
| 3 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 4 | | (720 ILCS 5/19-2.5) | 5 | | Sec. 19-2.5. Unlawful sale of burglary tools. | 6 | | (a) For the purposes of this Section: | 7 | | "Lock bumping" means a lock picking technique for | 8 | | opening a pin tumbler lock using a specially-crafted | 9 | | bumpkey. | 10 | | "Motor
vehicle" has the meaning ascribed to it in the | 11 | | Illinois Vehicle Code. | 12 | | (b) A person commits
the offense of unlawful sale of | 13 | | burglary tools when he
or she knowingly sells or transfers any | 14 | | key, including a key designed for lock bumping, or a lock pick | 15 | | specifically manufactured or altered for use in breaking into a | 16 | | building, housetrailer, watercraft, aircraft, motor vehicle, | 17 | | railroad car, or any
depository designed for the safekeeping of | 18 | | property, or any part of that property. | 19 | | (b-5) A person commits the offense of unlawful sale of | 20 | | burglary tools when he or she knowingly sells or transfers a | 21 | | vehicle security circumvention device with knowledge that the | 22 | | device will be used by the person or another to commit a | 23 | | violation of law. | 24 | | (c) This Section does not apply to the sale or transfer of | 25 | | any item described in subsection (b) to any peace officer or |
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| 1 | | other employee of a law enforcement agency, or to any person or | 2 | | agency licensed as a locksmith under the Private Detective, | 3 | | Private Alarm, Private Security, Fingerprint Vendor, and | 4 | | Locksmith Act of 2004, or to any person engaged in the business | 5 | | of towing vehicles, or to any person engaged in the business of | 6 | | lawful repossession of property who possesses a valid | 7 | | Repossessor-ICC Authorization Card. | 8 | | (c-5) Any seller of a vehicle security circumvention device | 9 | | in this State who reaches an agreement with a buyer for the | 10 | | purchase of the vehicle circumvention device shall
conduct a | 11 | | criminal background check of the buyer before
completing the | 12 | | purchase.
A seller of a vehicle circumvention device who | 13 | | conducts a criminal
background check under this Section shall | 14 | | not complete the
purchase of the device if the background check | 15 | | reveals that the buyer has been convicted of a felony. | 16 | | (d) Sentence. Unlawful sale of burglary tools is a Class 4 | 17 | | felony.
| 18 | | (Source: P.A. 96-1307, eff. 1-1-11.)".
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