Bill Text: IL HB3021 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Includes catalytic converters in the definition of "essential parts".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3021 Detail]
Download: Illinois-2013-HB3021-Amended.html
Bill Title: Amends the Illinois Vehicle Code. Includes catalytic converters in the definition of "essential parts".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3021 Detail]
Download: Illinois-2013-HB3021-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3021
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2 | AMENDMENT NO. ______. Amend House Bill 3021 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 4-103 as follows:
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6 | (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
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7 | Sec. 4-103.
Offenses relating to motor vehicles and other
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8 | vehicles - Felonies.
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9 | (a) Except as provided in subsection (a-1), it is a | ||||||
10 | violation of this
Chapter for:
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11 | (1) A person not entitled to the possession of a | ||||||
12 | vehicle or essential
part of a vehicle to receive, possess, | ||||||
13 | conceal, sell, dispose, or transfer
it, knowing it to have | ||||||
14 | been stolen or converted; additionally the General
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15 | Assembly finds that the acquisition and disposition of | ||||||
16 | vehicles and their
essential parts are strictly controlled |
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1 | by law and that such acquisitions
and dispositions are | ||||||
2 | reflected by documents of title, uniform invoices,
rental | ||||||
3 | contracts, leasing agreements and bills of sale. It may be
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4 | inferred, therefore that a person exercising exclusive | ||||||
5 | unexplained
possession over a stolen or converted vehicle | ||||||
6 | or an essential part of a
stolen or converted vehicle has | ||||||
7 | knowledge that such vehicle or essential
part is stolen or | ||||||
8 | converted, regardless of whether the date on which such
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9 | vehicle or essential part was stolen is recent or remote;
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10 | (2) A person to knowingly remove, alter, deface, | ||||||
11 | destroy,
falsify, or forge a
manufacturer's identification | ||||||
12 | number of a vehicle or an engine number of
a motor vehicle | ||||||
13 | or any essential part thereof having an identification
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14 | number;
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15 | (3) A person to knowingly conceal or misrepresent the | ||||||
16 | identity of a
vehicle or any essential part thereof;
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17 | (4) A person to buy, receive, possess, sell or dispose | ||||||
18 | of a vehicle,
or any essential part thereof, with knowledge | ||||||
19 | that the identification
number of the vehicle or any | ||||||
20 | essential part thereof having an
identification number has | ||||||
21 | been removed or falsified;
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22 | (5) A person to knowingly possess, buy, sell, exchange, | ||||||
23 | give away, or
offer to buy, sell, exchange or give away, | ||||||
24 | any manufacturer's
identification number plate, mylar | ||||||
25 | sticker, federal certificate label,
State police | ||||||
26 | reassignment plate, Secretary of State assigned plate, |
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1 | rosette
rivet, or facsimile of such which has not yet been | ||||||
2 | attached to or has been
removed from the original or | ||||||
3 | assigned vehicle. It is an affirmative
defense to | ||||||
4 | subsection (a) of this Section that the person possessing,
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5 | buying, selling or exchanging a plate mylar sticker or | ||||||
6 | label described in
this paragraph is a police officer doing | ||||||
7 | so as part of his official duties,
or is a manufacturer's | ||||||
8 | authorized representative
who is replacing any
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9 | manufacturer's identification number plate, mylar sticker | ||||||
10 | or Federal
certificate label originally placed on the | ||||||
11 | vehicle by the manufacturer of
the vehicle or any essential | ||||||
12 | part
thereof;
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13 | (6) A person to knowingly make a false report of the | ||||||
14 | theft or conversion
of a vehicle to any police officer of | ||||||
15 | this State or any employee of a law
enforcement agency of | ||||||
16 | this State designated by the law enforcement agency to
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17 | take, receive, process, or record reports of vehicle theft | ||||||
18 | or conversion ; or .
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19 | (7) A person not entitled to the possession of a | ||||||
20 | catalytic converter to receive, possess, conceal, sell, | ||||||
21 | dispose, or transfer that catalytic converter, knowing it | ||||||
22 | to have been stolen or converted. It may be inferred that a | ||||||
23 | person exercising exclusive unexplained possession over a | ||||||
24 | catalytic converter has knowledge that the catalytic | ||||||
25 | converter is stolen or converted, regardless of the date | ||||||
26 | the catalytic converter was stolen or converted. |
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1 | (a-1) A person engaged in the repair or servicing of | ||||||
2 | vehicles does not
violate
this
Chapter by knowingly possessing | ||||||
3 | a manufacturer's identification number plate
for the
purpose of | ||||||
4 | reaffixing it on the same damaged vehicle from which it was
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5 | originally taken,
if the person reaffixes or intends to reaffix | ||||||
6 | the original manufacturer's
identification
number plate in | ||||||
7 | place of the identification number plate affixed on a new
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8 | dashboard that
has been or will be installed in the vehicle. | ||||||
9 | The person must notify the
Secretary of State
each time the | ||||||
10 | original manufacturer's identification number plate is | ||||||
11 | reaffixed
on a
vehicle. The person must keep a record | ||||||
12 | indicating that the identification
number plate
affixed on the | ||||||
13 | new dashboard has been removed and has been replaced by the
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14 | manufacturer's identification number plate originally affixed | ||||||
15 | on the vehicle.
The person
also must keep a record regarding | ||||||
16 | the status and location of the identification
number
plate | ||||||
17 | removed from the replacement dashboard.
The Secretary shall | ||||||
18 | adopt rules for implementing this subsection (a-1).
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19 | (a-2) The owner of a vehicle repaired under subsection | ||||||
20 | (a-1) must,
within 90 days of the date of the repairs, contact | ||||||
21 | an officer of the Illinois
State Police Vehicle Inspection | ||||||
22 | Bureau and arrange for an inspection of the
vehicle, by the | ||||||
23 | officer or the officer's designee, at a mutually agreed upon
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24 | date and location.
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25 | (b) Sentence. A person convicted of a violation of this | ||||||
26 | Section shall
be guilty of a Class 2 felony , except that a |
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1 | person convicted of a violation of paragraph (7) of subsection | ||||||
2 | (a) of this Section shall be guilty of a Class 4 felony .
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3 | (c) The offenses set forth in subsection (a) of this | ||||||
4 | Section shall not
include the offense set forth in Section | ||||||
5 | 4-103.2 of this Code.
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6 | (Source: P.A. 93-456, eff. 8-8-03.)".
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