Full Text of HB2094 101st General Assembly
HB2094ham001 101ST GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 3/22/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2094
| 2 | | AMENDMENT NO. ______. Amend House Bill 2094 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. | 17 | | (a-5) A person commits possession of burglary tools when he | 18 | | or she possesses a vehicle security circumvention device and | 19 | | that person is not a: | 20 | | (1) mechanic; | 21 | | (2) new vehicle dealer or used vehicle dealer licensed | 22 | | under Section 5-101 or 5-102 of the Illinois Vehicle Code; | 23 | | (3) locksmith licensed under the Private Detective, | 24 | | Private Alarm, Private Security, Fingerprint Vendor, and | 25 | | Locksmith Act of 2004; | 26 | | (4) repossession agent; or |
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| 1 | | (5) State or local law enforcement officer. | 2 | | (b) Sentence.
| 3 | | Possession of burglary tools in subsection (a) is a Class 4
| 4 | | felony. Possession of burglary tools in subsection (a-5) is a | 5 | | Class C misdemeanor.
| 6 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 7 | | (720 ILCS 5/19-2.5) | 8 | | Sec. 19-2.5. Unlawful sale of burglary tools. | 9 | | (a) For the purposes of this Section: | 10 | | "Lock bumping" means a lock picking technique for | 11 | | opening a pin tumbler lock using a specially-crafted | 12 | | bumpkey. | 13 | | "Motor
vehicle" has the meaning ascribed to it in the | 14 | | Illinois Vehicle Code. | 15 | | (b) A person commits
the offense of unlawful sale of | 16 | | burglary tools when he
or she knowingly sells or transfers any | 17 | | key, including a key designed for lock bumping, or a lock pick | 18 | | specifically manufactured or altered for use in breaking into a | 19 | | building, housetrailer, watercraft, aircraft, motor vehicle, | 20 | | railroad car, or any
depository designed for the safekeeping of | 21 | | property, or any part of that property. | 22 | | (b-5) A person commits the offense of unlawful sale of | 23 | | burglary tools when he or she knowingly sells or transfers a | 24 | | vehicle security circumvention device with knowledge that the | 25 | | device will be used by the person or another to commit a |
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| 1 | | violation of law. | 2 | | (c) This Section does not apply to the sale or transfer of | 3 | | any item described in subsection (b) to any peace officer or | 4 | | other employee of a law enforcement agency, or to any person or | 5 | | agency licensed as a locksmith under the Private Detective, | 6 | | Private Alarm, Private Security, Fingerprint Vendor, and | 7 | | Locksmith Act of 2004, or to any person engaged in the business | 8 | | of towing vehicles, or to any person engaged in the business of | 9 | | lawful repossession of property who possesses a valid | 10 | | Repossessor-ICC Authorization Card. | 11 | | (c-5) Any seller of a vehicle security circumvention device | 12 | | in this State who reaches an agreement with a buyer for the | 13 | | purchase of the vehicle circumvention device shall
conduct a | 14 | | criminal background check of the buyer before
completing the | 15 | | purchase.
A seller of a vehicle circumvention device who | 16 | | conducts a criminal
background check under this Section shall | 17 | | not complete the
purchase of the device if the background check | 18 | | reveals that the buyer has been convicted of a felony. | 19 | | (d) Sentence. Unlawful sale of burglary tools under
| 20 | | subsection (b) is a Class 4 felony. Unlawful
sale of burglary | 21 | | tools under subsection (b-5) is a petty offense.
| 22 | | (Source: P.A. 96-1307, eff. 1-1-11.)".
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