Bill Text: IL HB4452 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961. Creates the offense of possession or transportation of stolen ferrous or nonferrous metal, including but not limited to copper, HVAC components, and catalytic converters. Provides penalties from a Class C misdemeanor to a Class 2 felony. Makes it unlawful to cut, mutilate, deface, or otherwise injure personal or real property for the purpose of obtaining ferrous or nonferrous metal. Provides penalties of a Class 4 or Class 3 felony depending on the value of the property damage involved. A violation that results in disruption of communication or electrical service to critical infrastructure or for more than 10 customers of the service is a Class A misdemeanor. A violation of any provision that results in great bodily harm, permanent disability, disfigurement, or substantial risk of death to another is a Class 1 felony. A violation of any provision that results the death of another is a Class X felony. Provides exemption from civil liability for public or private owners to a person injured during or by a dangerous condition created in an offense or an attempted offense under this Section.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4452 Detail]

Download: Illinois-2011-HB4452-Engrossed.html

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

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parts recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl
acquired from a person who is licensed under this Chapter,
the scrap processor shall record the name and address of
the person, and the Illinois or out-of-state dealer license
number of such person on the scrap processor's weight
ticket at the time of the acquisition. The person disposing
of the vehicle, junk vehicle, or vehicle cowl shall furnish
the scrap processor with documentary proof of ownership of
the vehicle, junk vehicle, or vehicle cowl in one of the
following forms: a Certificate of Title, a Salvage
Certificate, a Junking Certificate, a Secretary of State
Junking Manifest, a Uniform Invoice, a Certificate of
Purchase, or other similar documentary proof of ownership.
The scrap processor shall not acquire a vehicle, junk
vehicle or vehicle cowl without obtaining one of the
aforementioned documentary proofs of ownership.
(2) For a vehicle, junk vehicle or vehicle cowl
acquired from a person who is not licensed under this
Chapter, the scrap processor shall verify and record that
person's identity by recording the identification of such
person from at least 2 sources of identification, one of
which shall be a driver's license or State Identification
Card, on the scrap processor's weight ticket at the time of
the acquisition. The person disposing of the vehicle, junk
vehicle, or vehicle cowl shall furnish the scrap processor

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

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

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

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

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nonferrous metal.
(1) A person commits possession or transportation of
ferrous or nonferrous metal when he or she possesses,
possesses in a vehicle, or transports in a vehicle stolen
ferrous or nonferrous metal, including but not limited to
copper, HVAC (heating, ventilation, air-conditioning)
components, and catalytic converters.
(2) A person commits possession or transportation of
ferrous or nonferrous metal when he or she:
(A) transports in a vehicle ferrous or nonferrous
metal that the person knows or reasonably should know
is stolen;
(B) possesses in a vehicle on the highways of this
State ferrous or nonferrous metal that the person knows
or reasonably should know is stolen;
(C) operates a vehicle used in the ordinary course
of business to transport ferrous or nonferrous metal
that the person knows or reasonably should know is
stolen;
(D) presents a valid or falsified permit to
transport and sell ferrous or nonferrous metal that the
person knows or reasonably should know is stolen; or
(E) presents a valid or falsified bill of sale for
ferrous or nonferrous metal that the person knows or
reasonably should know is stolen.
(b) Property damage caused by obtaining ferrous or

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

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

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