Bill Text: IL SB2339 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Illinois Prison Inspection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-09 - Session Sine Die [SB2339 Detail]
Download: Illinois-2017-SB2339-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | 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 . Knowledge that a vehicle or | ||||||
15 | essential part is stolen or converted may be inferred:
(A) | ||||||
16 | from the surrounding facts and circumstances, which would | ||||||
17 | lead a reasonable person to believe that the vehicle or | ||||||
18 | essential part is stolen or converted; or
(B) if the person | ||||||
19 | exercises exclusive unexplained possession over the stolen | ||||||
20 | or converted vehicle or essential part, regardless of | ||||||
21 | whether the date on which the vehicle or essential part was | ||||||
22 | stolen is recent or remote ; additionally the General
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23 | Assembly finds that the acquisition and disposition of |
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1 | vehicles and their
essential parts are strictly controlled | ||||||
2 | by law and that such acquisitions
and dispositions are | ||||||
3 | reflected by documents of title, uniform invoices,
rental | ||||||
4 | contracts, leasing agreements and bills of sale. It may be
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5 | inferred, therefore that a person exercising exclusive | ||||||
6 | unexplained
possession over a stolen or converted vehicle | ||||||
7 | or an essential part of a
stolen or converted vehicle has | ||||||
8 | knowledge that such vehicle or essential
part is stolen or | ||||||
9 | converted, regardless of whether the date on which such
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10 | vehicle or essential part was stolen is recent or remote;
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11 | (2) A person to knowingly remove, alter, deface, | ||||||
12 | destroy,
falsify, or forge a
manufacturer's identification | ||||||
13 | number of a vehicle or an engine number of
a motor vehicle | ||||||
14 | or any essential part thereof having an identification
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15 | number;
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16 | (3) A person to knowingly conceal or misrepresent the | ||||||
17 | identity of a
vehicle or any essential part thereof;
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18 | (4) A person to buy, receive, possess, sell or dispose | ||||||
19 | of a vehicle,
or any essential part thereof, with knowledge | ||||||
20 | that the identification
number of the vehicle or any | ||||||
21 | essential part thereof having an
identification number has | ||||||
22 | been removed or falsified;
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23 | (5) A person to knowingly possess, buy, sell, exchange, | ||||||
24 | give away, or
offer to buy, sell, exchange or give away, | ||||||
25 | any manufacturer's
identification number plate, mylar | ||||||
26 | sticker, federal certificate label,
State police |
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1 | reassignment plate, Secretary of State assigned plate, | ||||||
2 | rosette
rivet, or facsimile of such which has not yet been | ||||||
3 | attached to or has been
removed from the original or | ||||||
4 | assigned vehicle. It is an affirmative
defense to | ||||||
5 | subsection (a) of this Section that the person possessing,
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6 | buying, selling or exchanging a plate mylar sticker or | ||||||
7 | label described in
this paragraph is a police officer doing | ||||||
8 | so as part of his official duties,
or is a manufacturer's | ||||||
9 | authorized representative
who is replacing any
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10 | manufacturer's identification number plate, mylar sticker | ||||||
11 | or Federal
certificate label originally placed on the | ||||||
12 | vehicle by the manufacturer of
the vehicle or any essential | ||||||
13 | part
thereof;
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14 | (6) A person to knowingly make a false report of the | ||||||
15 | theft or conversion
of a vehicle to any police officer of | ||||||
16 | this State or any employee of a law
enforcement agency of | ||||||
17 | this State designated by the law enforcement agency to
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18 | take, receive, process, or record reports of vehicle theft | ||||||
19 | or conversion.
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20 | (a-1) A person engaged in the repair or servicing of | ||||||
21 | vehicles does not
violate
this
Chapter by knowingly possessing | ||||||
22 | a manufacturer's identification number plate
for the
purpose of | ||||||
23 | reaffixing it on the same damaged vehicle from which it was
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24 | originally taken,
if the person reaffixes or intends to reaffix | ||||||
25 | the original manufacturer's
identification
number plate in | ||||||
26 | place of the identification number plate affixed on a new
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1 | dashboard that
has been or will be installed in the vehicle. | ||||||
2 | The person must notify the
Secretary of State
each time the | ||||||
3 | original manufacturer's identification number plate is | ||||||
4 | reaffixed
on a
vehicle. The person must keep a record | ||||||
5 | indicating that the identification
number plate
affixed on the | ||||||
6 | new dashboard has been removed and has been replaced by the
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7 | manufacturer's identification number plate originally affixed | ||||||
8 | on the vehicle.
The person
also must keep a record regarding | ||||||
9 | the status and location of the identification
number
plate | ||||||
10 | removed from the replacement dashboard.
The Secretary shall | ||||||
11 | adopt rules for implementing this subsection (a-1).
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12 | (a-2) The owner of a vehicle repaired under subsection | ||||||
13 | (a-1) must,
within 90 days of the date of the repairs, contact | ||||||
14 | an officer of the Illinois
State Police Vehicle Inspection | ||||||
15 | Bureau and arrange for an inspection of the
vehicle, by the | ||||||
16 | officer or the officer's designee, at a mutually agreed upon
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17 | date and location.
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18 | (b) Sentence. A person convicted of a violation of this | ||||||
19 | Section shall
be guilty of a Class 2 felony.
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20 | (c) The offenses set forth in subsection (a) of this | ||||||
21 | Section shall not
include the offense set forth in Section | ||||||
22 | 4-103.2 of this Code.
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23 | (Source: P.A. 93-456, eff. 8-8-03.)
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24 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
25 | adding Section 5-408 as follows:
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1 | (705 ILCS 405/5-408 new) | ||||||
2 | Sec. 5-408. Processing of juvenile detained for certain | ||||||
3 | offenses. | ||||||
4 | (a) If a law enforcement officer detains a minor for an act | ||||||
5 | that if committed by an adult would constitute vehicular | ||||||
6 | hijacking, aggravated vehicular hijacking, or possession of a | ||||||
7 | stolen motor vehicle, the officer shall deliver the minor to | ||||||
8 | the nearest juvenile officer, as provided under subsection (2) | ||||||
9 | of Section 5-405 of this Act. The juvenile officer shall | ||||||
10 | deliver the minor without unnecessary delay to the court or to | ||||||
11 | the place designated by rule or order of court for the | ||||||
12 | reception of minors. In no event shall the minor be eligible | ||||||
13 | for any other disposition by the juvenile police officer, | ||||||
14 | notwithstanding the provisions of subsection (3) of Section | ||||||
15 | 5-405 of this Act. | ||||||
16 | (b) Minors shall be brought before a judicial officer | ||||||
17 | within 40 hours, exclusive of Saturdays, Sundays, and | ||||||
18 | court-designated holidays, for a detention hearing to | ||||||
19 | determine whether he or she shall be further held in custody. | ||||||
20 | If the court finds that there is probable cause to believe that | ||||||
21 | the minor is a delinquent minor by virtue of his or her | ||||||
22 | violation of Section 18-3 or 18-4 of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012 or item (1) of subsection (a) of | ||||||
24 | Section 4-103 of the Illinois Vehicle Code, that finding shall | ||||||
25 | create a presumption that immediate and urgent necessity exists |
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1 | under subsection (2) of Section 5-501 of this Act. Once the | ||||||
2 | presumption of immediate and urgent necessity has been raised, | ||||||
3 | the burden of demonstrating the lack of immediate and urgent | ||||||
4 | necessity shall be on any party that is opposing detention for | ||||||
5 | the minor. Should the court order detention under this Section, | ||||||
6 | the minor shall be detained, pending the results of a | ||||||
7 | court-ordered psychological evaluation to determine if the | ||||||
8 | minor is a risk to himself, herself, or others. Upon receipt of | ||||||
9 | the psychological evaluation, the court shall review the | ||||||
10 | determination regarding the existence of urgent and immediate | ||||||
11 | necessity. The court shall consider the psychological | ||||||
12 | evaluation in conjunction with the other factors identified in | ||||||
13 | subsection (2) of Section 5-501 of this Act in order to make a | ||||||
14 | de novo determination regarding whether it is a matter of | ||||||
15 | immediate and urgent necessity for the protection of the minor | ||||||
16 | or of the person or property of another that the minor be | ||||||
17 | detained or placed in a shelter care facility. In addition to | ||||||
18 | the pre-trial conditions found in Section 5-505 of this Act, | ||||||
19 | the court may order the minor to receive counseling and any | ||||||
20 | other services recommended by the psychological evaluation as a | ||||||
21 | condition for release of the minor. | ||||||
22 | (c) Psychological evaluations ordered under subsection (b) | ||||||
23 | of this Section and statements made by the minor during the | ||||||
24 | course of these evaluations shall not be admissible on the | ||||||
25 | issue of delinquency during the course of any adjudicatory | ||||||
26 | hearing held under this Act.
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