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Public Act 096-0202
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| SB0243 Enrolled |
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 |
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 |
vehicle.
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(a) Offenses. It is unlawful for any person: |
(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 |
compartment that is used or has been used to conceal a |
firearm as prohibited by paragraph (a)(4) of Section 24-1 |
or paragraph (a)(1) of Section 24-1.6 of the Criminal Code |
of 1961, or controlled substance as prohibited by the |
Illinois Controlled Substances Act or the Methamphetamine |
Control and Community Protection Act; or .
It is unlawful |
for any person
to knowingly |
(2) to install, create, build, or fabricate in any |
motor vehicle a false
or secret compartment knowing that |
another person intends to use the compartment to conceal a |
firearm as prohibited by paragraph (a)(4) of Section 24-1 |
of the Criminal Code of 1961, or controlled substance as |
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prohibited by the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act.
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(b) Definitions. For purposes of this Section: , a "false |
(1) "False or secret
compartment" means an enclosure |
integrated into a vehicle that is a modification of the |
vehicle as built by the original manufacturer. |
(2) "Vehicle" means any of the following vehicles |
without regard to whether the vehicles are private or |
commercial, including, but not limited to, cars, trucks, |
buses, aircraft, and watercraft any
enclosure that is |
intended and designed to be used
to conceal, hide, and |
prevent discovery by law enforcement
officers of the false |
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 |
conceal the
contents of the compartment from a law |
enforcement officer may be inferred from
factors |
including, but not limited to, the discovery of a person, |
firearm,
controlled substance, or other contraband within |
the false or secret
compartment, or from the discovery of |
evidence of the previous placement of a
person, firearm, |
controlled substance, or other contraband within the false |
or
secret compartment.
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(c) Forfeiture. Any motor vehicle containing a false or |
secret compartment used in violation of this Section,
as well |
as any items within that compartment, shall be subject to |
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seizure by
the Department of State Police or by any municipal |
or other local law
enforcement agency within whose jurisdiction |
that property is found as provided
in Sections 36-1 and 36-2 of |
the Criminal Code of 1961 (720 ILCS 5/36-1 and
5/36-2). The |
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 |
defense to
forfeiture of the motor vehicle under Section 36-2 |
of the Criminal Code of 1961
and shall not be the basis for the |
court to release the vehicle to the owner.
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(d) Sentence. A violation of this Section is a Class 4 |
felony. The sentence imposed for violation of this Section |
shall be served consecutively to any other sentence imposed in |
connection with the firearm, controlled substance, or other |
contraband concealed in the false or secret compartment. |
(e) For purposes of this Section, a new owner is not |
responsible for any conduct that occurred or knowledge of |
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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