Full Text of SB0243 96th General Assembly
SB0243enr 96TH GENERAL ASSEMBLY
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LRB096 03507 RLC 13532 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| 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 | 17 |
| Control and Community Protection Act; or .
It is unlawful | 18 |
| for any person
to knowingly | 19 |
| (2) to install, create, build, or fabricate in any | 20 |
| motor vehicle a false
or secret compartment knowing that | 21 |
| another person intends to use the compartment to conceal a | 22 |
| firearm as prohibited by paragraph (a)(4) of Section 24-1 | 23 |
| of the Criminal Code of 1961, or controlled substance as |
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LRB096 03507 RLC 13532 b |
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| prohibited by the Illinois Controlled Substances Act or the | 2 |
| Methamphetamine Control and Community Protection Act .
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| (b) Definitions. For purposes of this Section : , a "false | 4 |
| (1) "False or secret
compartment" means an enclosure | 5 |
| integrated into a vehicle that is a modification of the | 6 |
| vehicle as built by the original manufacturer. | 7 |
| (2) "Vehicle" means any of the following vehicles | 8 |
| without regard to whether the vehicles are private or | 9 |
| commercial, including, but not limited to, cars, trucks, | 10 |
| buses, aircraft, and watercraft any
enclosure that is | 11 |
| intended and designed to be used
to conceal, hide, and | 12 |
| prevent discovery by law enforcement
officers of the false | 13 |
| 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 | 16 |
| conceal the
contents of the compartment from a law | 17 |
| enforcement officer may be inferred from
factors | 18 |
| including, but not limited to, the discovery of a person, | 19 |
| firearm,
controlled substance, or other contraband within | 20 |
| the false or secret
compartment, or from the discovery of | 21 |
| evidence of the previous placement of a
person, firearm, | 22 |
| controlled substance, or other contraband within the false | 23 |
| or
secret compartment .
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| (c) Forfeiture. Any motor vehicle containing a false or | 25 |
| secret compartment used in violation of this Section ,
as well | 26 |
| as any items within that compartment, shall be subject to |
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LRB096 03507 RLC 13532 b |
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| seizure by
the Department of State Police or by any municipal | 2 |
| or other local law
enforcement agency within whose jurisdiction | 3 |
| that property is found as provided
in Sections 36-1 and 36-2 of | 4 |
| the Criminal Code of 1961 (720 ILCS 5/36-1 and
5/36-2). The | 5 |
| removal of the false or secret compartment from the motor
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| vehicle, or the promise to do so, shall not be the basis for a | 7 |
| defense to
forfeiture of the motor vehicle under Section 36-2 | 8 |
| of the Criminal Code of 1961
and shall not be the basis for the | 9 |
| court to release the vehicle to the owner.
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| (d) Sentence. A violation of this Section is a Class 4 | 11 |
| felony. The sentence imposed for violation of this Section | 12 |
| shall be served consecutively to any other sentence imposed in | 13 |
| connection with the firearm, controlled substance, or other | 14 |
| contraband concealed in the false or secret compartment. | 15 |
| (e) For purposes of this Section, a new owner is not | 16 |
| responsible for any conduct that occurred or knowledge of | 17 |
| 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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