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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that it is a violation for 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 with the intent to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle. Deletes language providing that it may be inferred 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. Provides instead that the trier of fact may infer that a person intends to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle if the person: (i) operates a vehicle or possesses an essential part of a vehicle without the consent of the owner; or (ii) exercises exclusive unexplained possession over a vehicle or an essential part of a vehicle.

Spectrum: Bipartisan Bill

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

Download: Illinois-2017-HB4729-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4729 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
625 ILCS 5/4-103 from Ch. 95 1/2, par. 4-103
Amends the Illinois Vehicle Code. Provides that it is a violation for 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 with the intent to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle. Deletes language providing that it may be inferred 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. Provides instead that the trier of fact may infer that a person intends to permanently or temporarily deprive the owner of his or her title to or possession of the vehicle if the person: (i) operates a vehicle or possesses an essential part of a vehicle without the consent of the owner; or (ii) exercises exclusive unexplained possession over a vehicle or an essential part of a vehicle.
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A BILL FOR
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AN ACT concerning transportation.
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 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 with the intent to
permanently or temporarily deprive the owner of his or her
title to or possession of the vehicle, regardless of
whether the person has the intent to steal the vehicle ,
knowing it to have been stolen or converted; additionally
the General 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 intends

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to permanently or temporarily deprive the owner of his or
her title to or possession of the vehicle if the person:
(i) operates a vehicle or possesses an essential part of a
vehicle without the consent of the owner; or (ii) exercises
exclusive 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
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,

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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
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

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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
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.)