Bill Text: IL SB0243 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Provides that it is unlawful for any person to (1) own or operate with criminal intent any vehicle (rather than motor 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 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 (2) to install, create, build, or fabricate in any vehicle (rather than motor vehicle) a false or secret compartment knowing that another person intends to use the compartment to conceal a firearm as prohibited by the Criminal Code of 1961, or controlled substance as prohibited by the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. Defines the term "false or secret compartment" to mean an enclosure integrated into the vehicle that is a modification of the vehicle as built by the original manufacturer (rather than any enclosure integrated into the vehicle that is intended and designed to be used to conceal, hide, and prevent discovery by law enforcement officers of the compartment or its contents.) Establishes that the term "vehicle" means, but is not limited to, any private or commercial car, truck, bus, aircraft or watercraft. Makes other changes regarding forfeiture and sentencing.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0202 [SB0243 Detail]

Download: Illinois-2009-SB0243-Enrolled.html

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AN ACT concerning vehicles.
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 12-612 as follows:
(625 ILCS 5/12-612)
Sec. 12-612. False or secret compartment in a motor
vehicle.
(a) Offenses. It is unlawful for any person:
(1) to own or operate with criminal intent any motor
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.
(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
integrated into a vehicle. For purpose of this Section, a
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.
(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
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.
(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.
(Source: P.A. 93-276, eff. 1-1-04.)