Illinois General Assembly - Full Text of HB4452
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Full Text of HB4452  97th General Assembly

HB4452eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 5-401.3 as follows:
 
6    (625 ILCS 5/5-401.3)  (from Ch. 95 1/2, par. 5-401.3)
7    Sec. 5-401.3. Scrap processors required to keep records;
8payment method for recyclable metal.
9    (a) Every person licensed or required to be licensed as a
10scrap processor pursuant to Section 5-301 of this Chapter shall
11maintain for 3 years, at his established place of business, the
12following records relating to the acquisition of recyclable
13metals or the acquisition of a vehicle, junk vehicle, or
14vehicle cowl which has been acquired for the purpose of
15processing into a form other than a vehicle, junk vehicle or
16vehicle cowl which is possessed in the State or brought into
17this State from another state, territory or country. No scrap
18metal processor shall sell a vehicle or essential part, as
19such, except for engines, transmissions, and powertrains,
20unless licensed to do so under another provision of this Code.
21A scrap processor who is additionally licensed as an automotive
22parts recycler shall not be subject to the record keeping
23requirements for a scrap processor when acting as an automotive

 

 

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1parts recycler.
2        (1) For a vehicle, junk vehicle, or vehicle cowl
3    acquired from a person who is licensed under this Chapter,
4    the scrap processor shall record the name and address of
5    the person, and the Illinois or out-of-state dealer license
6    number of such person on the scrap processor's weight
7    ticket at the time of the acquisition. The person disposing
8    of the vehicle, junk vehicle, or vehicle cowl shall furnish
9    the scrap processor with documentary proof of ownership of
10    the vehicle, junk vehicle, or vehicle cowl in one of the
11    following forms: a Certificate of Title, a Salvage
12    Certificate, a Junking Certificate, a Secretary of State
13    Junking Manifest, a Uniform Invoice, a Certificate of
14    Purchase, or other similar documentary proof of ownership.
15    The scrap processor shall not acquire a vehicle, junk
16    vehicle or vehicle cowl without obtaining one of the
17    aforementioned documentary proofs of ownership.
18        (2) For a vehicle, junk vehicle or vehicle cowl
19    acquired from a person who is not licensed under this
20    Chapter, the scrap processor shall verify and record that
21    person's identity by recording the identification of such
22    person from at least 2 sources of identification, one of
23    which shall be a driver's license or State Identification
24    Card, on the scrap processor's weight ticket at the time of
25    the acquisition. The person disposing of the vehicle, junk
26    vehicle, or vehicle cowl shall furnish the scrap processor

 

 

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1    with documentary proof of ownership of the vehicle, junk
2    vehicle, or vehicle cowl in one of the following forms: a
3    Certificate of Title, a Salvage Certificate, a Junking
4    Certificate, a Secretary of State Junking Manifest, a
5    Certificate of Purchase, or other similar documentary
6    proof of ownership. The scrap processor shall not acquire a
7    vehicle, junk vehicle or vehicle cowl without obtaining one
8    of the aforementioned documentary proofs of ownership.
9        (3) In addition to the other information required on
10    the scrap processor's weight ticket, a scrap processor who
11    at the time of acquisition of a vehicle, junk vehicle, or
12    vehicle cowl is furnished a Certificate of Title, Salvage
13    Certificate or Certificate of Purchase shall record the
14    Vehicle Identification Number on the weight ticket or affix
15    a copy of the Certificate of Title, Salvage Certificate or
16    Certificate of Purchase to the weight ticket and the
17    identification of the person acquiring the information on
18    the behalf of the scrap processor.
19        (4) The scrap processor shall maintain a copy of a Junk
20    Vehicle Notification relating to any Certificate of Title,
21    Salvage Certificate, Certificate of Purchase or similarly
22    acceptable out-of-state document surrendered to the
23    Secretary of State pursuant to the provisions of Section
24    3-117.2 of this Code.
25        (5) For recyclable metals valued at $100 or more, the
26    scrap processor shall, for each transaction, record the

 

 

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1    identity of the person from whom the recyclable metals were
2    acquired by verifying the identification of that person
3    from one source of identification, which shall be a valid
4    driver's license or State Identification Card, on the scrap
5    processor's weight ticket at the time of the acquisition
6    and by making and recording a photocopy or electronic scan
7    of the driver's license or State Identification Card. Such
8    information shall be available for inspection by any law
9    enforcement official. If the person delivering the
10    recyclable metal does not have a valid driver's license or
11    State Identification Card, the scrap processor shall not
12    complete the transaction. The inspection of records
13    pertaining only to recyclable metals shall not be counted
14    as an inspection of a premises for purposes of subparagraph
15    (7) of Section 5-403 of this Code.
16        This subdivision (a)(5) does not apply to electrical
17    contractors, to agencies or instrumentalities of the State
18    of Illinois or of the United States, to common carriers, to
19    purchases from persons, firms, or corporations regularly
20    engaged in the business of manufacturing recyclable metal,
21    in the business of selling recyclable metal at retail or
22    wholesale, or in the business of razing, demolishing,
23    destroying, or removing buildings, to the purchase by one
24    recyclable metal dealer from another, or the purchase from
25    persons, firms, or corporations engaged in either the
26    generation, transmission, or distribution of electric

 

 

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1    energy or in telephone, telegraph, and other
2    communications if such common carriers, persons, firms, or
3    corporations at the time of the purchase provide the
4    recyclable metal dealer with a bill of sale or other
5    written evidence of title to the recyclable metal. This
6    subdivision (a)(5) also does not apply to contractual
7    arrangements between dealers.
8    (b) Any licensee who knowingly fails to record any of the
9specific information required to be recorded on the weight
10ticket required under any other subsection of this Section, or
11Section 5-401 of this Code, or who knowingly fails to acquire
12and maintain for 3 years documentary proof of ownership in one
13of the prescribed forms shall be guilty of a Class A
14misdemeanor and subject to a fine not to exceed $1,000. Each
15violation shall constitute a separate and distinct offense and
16a separate count may be brought in the same complaint for each
17violation. Any licensee who commits a second violation of this
18Section within two years of a previous conviction of a
19violation of this Section shall be guilty of a Class 4 felony.
20    (c) It shall be an affirmative defense to an offense
21brought under paragraph (b) of this Section that the licensee
22or person required to be licensed both reasonably and in good
23faith relied on information appearing on a Certificate of
24Title, a Salvage Certificate, a Junking Certificate, a
25Secretary of State Manifest, a Secretary of State's Uniform
26Invoice, a Certificate of Purchase, or other documentary proof

 

 

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1of ownership prepared under Section 3-117.1(a) of this Code,
2relating to the transaction for which the required record was
3not kept which was supplied to the licensee by another licensee
4or an out-of-state dealer.
5    (d) No later than 15 days prior to going out of business,
6selling the business, or transferring the ownership of the
7business, the scrap processor shall notify the Secretary of
8that fact. Failure to so notify the Secretary of State shall
9constitute a failure to keep records under this Section.
10    (e) Evidence derived directly or indirectly from the
11keeping of records required to be kept under this Section shall
12not be admissible in a prosecution of the licensee for an
13alleged violation of Section 4-102(a)(3) of this Code.
14    (f) A scrap processor may not pay for the purchase of
15recyclable metal with cash if the purchase price for the
16recyclable metal is $100 or more.
17(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
 
18    Section 10. The Criminal Code of 1961 is amended by adding
19Section 16-1.4 as follows:
 
20    (720 ILCS 5/16-1.4 new)
21    Sec. 16-1.4. Possession or transportation of stolen
22ferrous or nonferrous metal; property damage caused by
23obtaining ferrous or nonferrous metal; disruption of service.
24    (a) Possession or transportation of stolen ferrous or

 

 

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1nonferrous metal.
2        (1) A person commits possession or transportation of
3    ferrous or nonferrous metal when he or she possesses,
4    possesses in a vehicle, or transports in a vehicle stolen
5    ferrous or nonferrous metal, including but not limited to
6    copper, HVAC (heating, ventilation, air-conditioning)
7    components, and catalytic converters.
8        (2) A person commits possession or transportation of
9    ferrous or nonferrous metal when he or she:
10            (A) transports in a vehicle ferrous or nonferrous
11        metal that the person knows or reasonably should know
12        is stolen;
13            (B) possesses in a vehicle on the highways of this
14        State ferrous or nonferrous metal that the person knows
15        or reasonably should know is stolen;
16            (C) operates a vehicle used in the ordinary course
17        of business to transport ferrous or nonferrous metal
18        that the person knows or reasonably should know is
19        stolen;
20            (D) presents a valid or falsified permit to
21        transport and sell ferrous or nonferrous metal that the
22        person knows or reasonably should know is stolen; or
23            (E) presents a valid or falsified bill of sale for
24        ferrous or nonferrous metal that the person knows or
25        reasonably should know is stolen.
26    (b) Property damage caused by obtaining ferrous or

 

 

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1nonferrous metal. A person commits property damage caused by
2obtaining ferrous or nonferrous metal when he or she knowingly
3cuts, mutilates, defaces, or otherwise injures any personal or
4real property, including any fixtures or improvements, for the
5purpose of obtaining ferrous or nonferrous metal in any amount.
6    (c) Disruption of service. A person commits disruption of
7service when he or she during the commission of the offense of
8possession or transportation of stolen ferrous or nonferrous
9metal or the offense of property damage caused by obtaining
10ferrous or nonferrous metal, he or she causes a disruption of
11communication or electrical service to critical infrastructure
12or to more than 10 customers of the communication or electrical
13service.
14    (d) Exemption from civil liability.
15        (1) A public or private owner of personal or real
16    property is not civilly liable to a person who is injured
17    during the commission or attempted commission of an offense
18    under this Section, by the person or a third party.
19        (2) A public or private owner of personal or real
20    property is not civilly liable for an injury to a person
21    caused by a dangerous condition of the personal property or
22    on the real property created as a result of the commission
23    or attempted commission of an offense under this Section by
24    the person or a third party, unless the owner of the
25    personal or real property knew or reasonably should have
26    known of the dangerous condition.

 

 

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1        (3) This subsection does not create or impose a duty of
2    care or basis of liability upon an owner of personal or
3    real property that would not otherwise exist under common
4    law or statute.
5    (e) Sentence.
6        (1) Except as provided in paragraphs (6) and (7) of
7    this subsection, a violation of paragraph (a)(1) when the
8    value of the stolen material is $50 or less is:
9            (A) a Class C misdemeanor for a first offense;
10            (B) a Class A misdemeanor for a second offense; and
11            (C) a Class 4 felony for a third or subsequent
12        offense.
13        (2) Except as provided in paragraphs (6) and (7) of
14    this subsection, a violation of paragraph (a)(1) when the
15    value of the stolen material is more than $50 is:
16            (A) a Class A misdemeanor for a first offense;
17            (B) a Class 4 felony for a second offense; and
18            (C) a Class 3 felony for a third or subsequent
19        offense.
20        (3) Except as provided in paragraphs (6) and (7) of
21    this subsection, a violation of paragraph (a)(2) is a Class
22    2 felony.
23        (4) Except as provided in paragraphs (6) and (7) of
24    this subsection, a violation of subsection (b) is:
25            (A) a Class 4 felony, if the direct injury to the
26        property, the amount of loss in value to the property,

 

 

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1        the amount of repairs necessary to return the property
2        to its condition before the act, or the property loss,
3        including fixtures or improvements, is less than
4        $5,000; and
5            (B) a Class 3 felony, if the direct injury to the
6        property, the amount of loss in value to the property,
7        the amount of repairs necessary to return the property
8        to its condition before the act, or the property loss,
9        including fixtures or improvements, is $5,000 or more.
10        (5) Except as provided in paragraphs (6) and (7) of
11    this subsection, a violation of subsection (c) is a Class A
12    misdemeanor.
13        (6) A violation of this Section which results in great
14    bodily harm, permanent disability, disfigurement, or a
15    substantial risk of death to another person is a Class 1
16    felony.
17        (7) A violation of this Section which results in the
18    death of another person is a Class X felony.