Illinois General Assembly - Full Text of SB2339
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Full Text of SB2339  100th General Assembly

SB2339eng 100TH GENERAL ASSEMBLY



 


 
SB2339 EngrossedLRB100 17959 MRW 33143 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 4-103 as follows:
 
6    (625 ILCS 5/4-103)  (from Ch. 95 1/2, par. 4-103)
7    Sec. 4-103. Offenses relating to motor vehicles and other
8vehicles - Felonies.
9    (a) Except as provided in subsection (a-1), it is a
10violation of this Chapter for:
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
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
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
10    vehicle or essential part was stolen is recent or remote;
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
15    number;
16        (3) A person to knowingly conceal or misrepresent the
17    identity of a vehicle or any essential part thereof;
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;
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,
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
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;
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
18    take, receive, process, or record reports of vehicle theft
19    or conversion.
20    (a-1) A person engaged in the repair or servicing of
21vehicles does not violate this Chapter by knowingly possessing
22a manufacturer's identification number plate for the purpose of
23reaffixing it on the same damaged vehicle from which it was
24originally taken, if the person reaffixes or intends to reaffix
25the original manufacturer's identification number plate in
26place of the identification number plate affixed on a new

 

 

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1dashboard that has been or will be installed in the vehicle.
2The person must notify the Secretary of State each time the
3original manufacturer's identification number plate is
4reaffixed on a vehicle. The person must keep a record
5indicating that the identification number plate affixed on the
6new dashboard has been removed and has been replaced by the
7manufacturer's identification number plate originally affixed
8on the vehicle. The person also must keep a record regarding
9the status and location of the identification number plate
10removed from the replacement dashboard. The Secretary shall
11adopt rules for implementing this subsection (a-1).
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
14an officer of the Illinois State Police Vehicle Inspection
15Bureau and arrange for an inspection of the vehicle, by the
16officer or the officer's designee, at a mutually agreed upon
17date and location.
18    (b) Sentence. A person convicted of a violation of this
19Section shall be guilty of a Class 2 felony.
20    (c) The offenses set forth in subsection (a) of this
21Section shall not include the offense set forth in Section
224-103.2 of this Code.
23(Source: P.A. 93-456, eff. 8-8-03.)
 
24    Section 10. The Juvenile Court Act of 1987 is amended by
25adding 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
3offenses.
4    (a) If a law enforcement officer detains a minor for an act
5that if committed by an adult would constitute vehicular
6hijacking, aggravated vehicular hijacking, or possession of a
7stolen motor vehicle, the officer shall deliver the minor to
8the nearest juvenile officer, as provided under subsection (2)
9of Section 5-405 of this Act. The juvenile officer shall
10deliver the minor without unnecessary delay to the court or to
11the place designated by rule or order of court for the
12reception of minors. In no event shall the minor be eligible
13for any other disposition by the juvenile police officer,
14notwithstanding the provisions of subsection (3) of Section
155-405 of this Act.
16    (b) Minors shall be brought before a judicial officer
17within 40 hours, exclusive of Saturdays, Sundays, and
18court-designated holidays, for a detention hearing to
19determine whether he or she shall be further held in custody.
20If the court finds that there is probable cause to believe that
21the minor is a delinquent minor by virtue of his or her
22violation of Section 18-3 or 18-4 of the Criminal Code of 1961
23or the Criminal Code of 2012 or item (1) of subsection (a) of
24Section 4-103 of the Illinois Vehicle Code, that finding shall
25create a presumption that immediate and urgent necessity exists

 

 

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1under subsection (2) of Section 5-501 of this Act. Once the
2presumption of immediate and urgent necessity has been raised,
3the burden of demonstrating the lack of immediate and urgent
4necessity shall be on any party that is opposing detention for
5the minor. Should the court order detention under this Section,
6the minor shall be detained, pending the results of a
7court-ordered psychological evaluation to determine if the
8minor is a risk to himself, herself, or others. Upon receipt of
9the psychological evaluation, the court shall review the
10determination regarding the existence of urgent and immediate
11necessity. The court shall consider the psychological
12evaluation in conjunction with the other factors identified in
13subsection (2) of Section 5-501 of this Act in order to make a
14de novo determination regarding whether it is a matter of
15immediate and urgent necessity for the protection of the minor
16or of the person or property of another that the minor be
17detained or placed in a shelter care facility. In addition to
18the pre-trial conditions found in Section 5-505 of this Act,
19the court may order the minor to receive counseling and any
20other services recommended by the psychological evaluation as a
21condition for release of the minor.
22    (c) Psychological evaluations ordered under subsection (b)
23of this Section and statements made by the minor during the
24course of these evaluations shall not be admissible on the
25issue of delinquency during the course of any adjudicatory
26hearing held under this Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.