Bill Amendment: IL HB4729 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VEH CD-FELONIES-STOLEN VEHICLE

Status: 2019-01-08 - Session Sine Die [HB4729 Detail]

Download: Illinois-2017-HB4729-House_Amendment_003.html

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Rep. Jaime M. Andrade, Jr.

Filed: 3/8/2018

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AMENDMENT TO HOUSE BILL 4729
AMENDMENT NO. ______. Amend House Bill 4729 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Section 4-103 as follows:
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) Except as provided in subsection (a-1), it is a
violation of this Chapter for:
(1) A person not entitled to the possession of a
vehicle or essential part of a vehicle to receive, possess,
conceal, sell, dispose, or transfer it while knowing or
recklessly disregarding that the vehicle or essential part
of a vehicle has been stolen or converted , knowing it to
have been stolen or converted; additionally the General

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Assembly finds that the acquisition and disposition of
vehicles and their essential parts are strictly controlled
by law and that such acquisitions and dispositions are
reflected by documents of title, uniform invoices, rental
contracts, leasing agreements and bills of sale. The trier
of fact may infer that a person knows or recklessly
disregards that the vehicle or essential part of a vehicle
has been stolen or converted if the person: (i) operates a
vehicle or possesses an essential part of a vehicle without
the consent of the owner; or (ii) exercises unexplained
possession over a vehicle or an essential part of a vehicle
It may be inferred, therefore that a person exercising
exclusive unexplained possession over a stolen or
converted vehicle or an essential part of a stolen or
converted vehicle has knowledge that such vehicle or
essential part is stolen or converted, regardless of
whether the date on which such vehicle or essential part
was stolen is recent or remote;
(2) A person to knowingly remove, alter, deface,
destroy, falsify, or forge a manufacturer's identification
number of a vehicle or an engine number of a motor vehicle
or any essential part thereof having an identification
number;
(3) A person to knowingly conceal or misrepresent the
identity of a vehicle or any essential part thereof;
(4) A person to buy, receive, possess, sell or dispose

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of a vehicle, or any essential part thereof, with knowledge
that the identification number of the vehicle or any
essential part thereof having an identification number has
been removed or falsified;
(5) A person to knowingly possess, buy, sell, exchange,
give away, or offer to buy, sell, exchange or give away,
any manufacturer's identification number plate, mylar
sticker, federal certificate label, State police
reassignment plate, Secretary of State assigned plate,
rosette rivet, or facsimile of such which has not yet been
attached to or has been removed from the original or
assigned vehicle. It is an affirmative defense to
subsection (a) of this Section that the person possessing,
buying, selling or exchanging a plate mylar sticker or
label described in this paragraph is a police officer doing
so as part of his official duties, or is a manufacturer's
authorized representative who is replacing any
manufacturer's identification number plate, mylar sticker
or Federal certificate label originally placed on the
vehicle by the manufacturer of the vehicle or any essential
part thereof;
(6) A person to knowingly make a false report of the
theft or conversion of a vehicle to any police officer of
this State or any employee of a law enforcement agency of
this State designated by the law enforcement agency to
take, receive, process, or record reports of vehicle theft

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or conversion.
(a-1) A person engaged in the repair or servicing of
vehicles does not violate this Chapter by knowingly possessing
a manufacturer's identification number plate for the purpose of
reaffixing it on the same damaged vehicle from which it was
originally taken, if the person reaffixes or intends to reaffix
the original manufacturer's identification number plate in
place of the identification number plate affixed on a new
dashboard that has been or will be installed in the vehicle.
The person must notify the Secretary of State each time the
original manufacturer's identification number plate is
reaffixed on a vehicle. The person must keep a record
indicating that the identification number plate affixed on the
new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed
on the vehicle. The person also must keep a record regarding
the status and location of the identification number plate
removed from the replacement dashboard. The Secretary shall
adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection
(a-1) must, within 90 days of the date of the repairs, contact
an officer of the Illinois State Police Vehicle Inspection
Bureau and arrange for an inspection of the vehicle, by the
officer or the officer's designee, at a mutually agreed upon
date and location.
(b) Sentence. A person convicted of a violation of this

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Section shall be guilty of a Class 2 felony.
(c) The offenses set forth in subsection (a) of this
Section shall not include the offense set forth in Section
4-103.2 of this Code.
(Source: P.A. 93-456, eff. 8-8-03.)
Section 99. Effective date. This Act takes effect upon
becoming law.".