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Full Text of HB3825  97th General Assembly

HB3825ham002 97TH GENERAL ASSEMBLY

Rep. Michael Unes

Filed: 2/27/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3825

2    AMENDMENT NO. ______. Amend House Bill 3825, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Code of 1961 is amended by adding
6Section 16-23 as follows:
 
7    (720 ILCS 5/16-23 new)
8    Sec. 16-23. Theft of recyclable metal.
9    (a) A person commits theft of recyclable metal when,
10without the consent of the owner, he or she knowingly obtains
11or exerts control over property of the owner or aids or assists
12in obtaining or exerting control over property of the owner:
13        (1) consisting of any recyclable metal as defined in
14    Section 2 of the Recyclable Metal Purchase Registration
15    Law; and
16        (2) which is manufactured, sold, or used as:

 

 

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1            (A) telegraph, telephone, cable
2        telecommunications, or electric transmission or
3        distribution equipment including, but not limited to,
4        wires, transformers, grounds, grounding straps or
5        wire, poles, pedestals, or underground equipment;
6            (B) telephone, cable telecommunications, or
7        electric power line equipment;
8            (C) a wire or fiber insulator, power supply,
9        transformer, grounding system, transmission or other
10        apparatus, equipment or fixture used in the
11        transmission of telegraph, telephone, cable
12        telecommunications, or electrical power service;
13            (D) equipment related to wireless communications
14        regulated by the Federal Communications Commission;
15            (E) a fire hydrant, gutter, downspout, plumbing
16        pipe, or plumbing fixture;
17            (F) an irrigation unit including a cable, pump, or
18        power supply;
19            (G) a heating, ventilation, or air conditioning
20        unit or system, or any component of a heating,
21        ventilation, or air conditioning unit or system; or
22            (H) a guardrail, manhole cover, historical marker,
23        or cemetery plaque.
24    (b) A person also commits theft of recyclable metal when he
25or she, in committing or attempting to commit theft of
26recyclable metal under subsection (a), knowingly damages or

 

 

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1destroys any property of another by removing or damaging
2recyclable metal components of that property.
3    (c) Sentence.
4        (1) Theft of recyclable metal not exceeding $500 in
5    value is a Class 4 felony.
6        (2) Theft of recyclable metal not exceeding $500 in
7    value if the theft was committed in a school or place of
8    worship or if the theft was of governmental property is a
9    Class 3 felony.
10        (3) Theft of recyclable metal exceeding $500 and not
11    exceeding $10,000 in value, is a Class 2 felony.
12        (4) Theft of recyclable metal exceeding $500 in value
13    if the theft was committed in a school or place of worship
14    or if the theft was of governmental property is a Class 1
15    felony.
16        (5) Theft of recyclable metal exceeding $10,000 in
17    value is a Class 1 felony.
18        (6) For the purpose of this Section, "value" means the
19    sum of:
20            (A) the fair market value of any recyclable metal
21        unlawfully obtained or controlled under subsection (a)
22        of this Section;
23            (B) the fair market value of any property damaged
24        or destroyed under subsection (b) of this Section; and
25            (C) the cost of restoring electric, water, gas, or
26        other utility service if the theft of recyclable metal

 

 

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1        proximately causes an interruption in the utility
2        service.
 
3    Section 10. The Recyclable Metal Purchase Registration Law
4is amended by changing Sections 3, 5, and 8 and by adding
5Sections 4.1, 4.2, 4.3, and 4.6 as follows:
 
6    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
7    Sec. 3. Records of purchases. Except as provided in Section
85 of this Act every recyclable metal dealer in this State shall
9enter into an electronic record-keeping system or on forms
10provided by the Department of State Police or such department
11as may succeed to its functions, for each purchase of
12recyclable metal valued at $100 or more and for each
13transaction involving the purchase of metal street signs the
14following information:
15        1. The name and address of the recyclable metal dealer;
16        2. The date and place of each purchase;
17        3. The name and address of the person or persons from
18    whom the recyclable metal was or metal street signs were
19    purchased, which shall be verified from a valid driver's
20    license or other government-issued photo identification
21    State Identification Card. The recyclable metal dealer
22    shall make and record a photocopy or electronic scan of the
23    driver's license or other government-issued photo
24    identification State Identification Card. If the person

 

 

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1    delivering the recyclable metal or metal street signs does
2    not have a valid driver's license or other
3    government-issued photo identification State
4    Identification Card, the recyclable metal dealer shall not
5    complete the transaction;
6        4. The motor vehicle license number and state of
7    issuance of the motor vehicle license number of the vehicle
8    or conveyance on which the recyclable metal was delivered
9    to the recyclable metal dealer;
10        5. A description of the recyclable metal or metal
11    street signs purchased, including the weight and whether it
12    consists of bars, cable, ingots, rods, tubing, wire, wire
13    scraps, clamps, connectors, other appurtenances, or some
14    combination thereof; and
15        6. A declaration signed and dated by the person or
16    persons from whom the recyclable metal was or metal street
17    signs were purchased which states the following:
18            "I, the undersigned, affirm under penalty of law
19        that the property that is subject to this transaction
20        is not to the best of my knowledge stolen property."
21    For purposes of this Section, "metal street sign" means any
22sign displaying the name of the street on which it is located
23and all signs, signals, markings, and other devices placed or
24erected by authority of a public body or official having
25jurisdiction, for the purpose of regulating, warning, or
26guiding traffic.

 

 

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1    The record of purchase A copy of the completed form shall
2be kept in a separate book or register or electronic
3record-keeping system by the recyclable metal dealer and shall
4be retained for a period of 3 2 years. Such book or register or
5electronic record-keeping system shall be made available for
6inspection by any law enforcement official or the
7representatives of common carriers and persons, firms,
8corporations or municipal corporations engaged in either the
9generation, transmission or distribution of electric energy or
10engaged in telephone, telegraph or other communications, at any
11time.
12(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
13    (815 ILCS 325/4.1 new)
14    Sec. 4.1. Restricted purchases.
15    (a) It is a violation of this Act for any person to sell or
16attempt to sell, or for any recyclable metal dealer to purchase
17or attempt to purchase, any of the following:
18        (1) materials that are clearly marked as property
19    belonging to a business or someone else other than the
20    seller;
21        (2) property associated with use by governments,
22    utilities, or railroads including, but not limited to,
23    guardrails, manhole covers, electric transmission and
24    distribution equipment, including transformers, grounding
25    straps, wire or poles, historical markers, street signs,

 

 

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1    traffic signs, sewer grates, or any rail, switch component,
2    spike, angle bar, tie plate, or bolt of the type used in
3    constructing railroad track;
4        (3) cemetery plaques or ornaments; or
5        (4) any catalytic converter not attached to a motor
6    vehicle at the time of the transaction unless the seller is
7    licensed as an automotive parts recycler, scrap processor,
8    repairer, or rebuilder under the Illinois Vehicle Code.
9    (b) This Section shall not apply when the seller produces
10written documentation reasonably demonstrating that the seller
11is the owner of the recyclable metal material or is authorized
12to sell the material on behalf of the owner. The recyclable
13metal dealer shall copy any such documentation and maintain it
14along with the purchase record required by Section 3 of this
15Act.
 
16    (815 ILCS 325/4.2 new)
17    Sec. 4.2. Purchases of HVAC recyclable metal.
18    A recyclable metal dealer shall not pay cash in payment for
19any air conditioner evaporator coil or condenser having a value
20of $100 or more. Payment for these materials must be made as
21follows:
22        (1) by check or money order;
23        (2) the payee on the check or money order shall be the
24    same person as the seller who conducted the transaction;
25        (3) if the seller is a business, then the recyclable

 

 

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1    metal dealer shall make the check or money order payable to
2    the company, and not to any individual employee or agent of
3    the company.
 
4    (815 ILCS 325/4.3 new)
5    Sec. 4.3. Purchases of copper. A recyclable metal dealer
6shall not pay cash in payment for any copper, including copper
7tubing or wiring, having a value of $100 or more. Payment for
8these materials must be made as follows:
9        (1) by check or money order;
10        (2) the payee on the check or money order shall be the
11    same person as the seller who conducted the transaction;
12        (3) if the seller is a business, then the recyclable
13    metal dealer shall make the check or money order payable to
14    the company, and not to any individual employee or agent of
15    the company.
 
16    (815 ILCS 325/4.6 new)
17    Sec. 4.6. Lost or stolen metals.
18    If a recyclable metal dealer suspects property in his or
19her possession to be lost or stolen, then he or she shall
20immediately notify the local law enforcement agency having
21jurisdiction and provide the law enforcement agency with the
22seller's information.
 
23    (815 ILCS 325/5)  (from Ch. 121 1/2, par. 325)

 

 

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1    Sec. 5. Exemptions. The provisions of Sections 3, 4.2, and
24.3 Section 3 of this Act do not apply to electrical
3contractors, to agencies or instrumentalities of the State of
4Illinois or of the United States, to units of local government,
5their agents or representatives, that have contracted with the
6recyclable metal dealer in the disposal of its metal street
7signs, to common carriers or to purchases from persons, firms
8or corporations regularly engaged in the business of
9manufacturing recyclable metal, the business of selling
10recyclable metal at retail or wholesale, in the business of
11razing, demolishing, destroying or removing buildings, to the
12purchase of one recyclable metal dealer from another or the
13purchase from persons, firms or corporations engaged in either
14the generation, transmission or distribution of electric
15energy or in telephone, telegraph and other communications if
16such common carriers, persons, firms or corporations at the
17time of the purchase provide the recyclable metal dealer with a
18bill of sale or other written evidence of title to the
19recyclable metal.
20(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
21    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)
22    Sec. 8. Penalty. Any recyclable metal dealer or other
23person who knowingly fails to comply with this Act is guilty of
24a Class A misdemeanor for the first offense, and a Class 4
25felony for the second or subsequent offense. Each day that any

 

 

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1recyclable metal dealer so fails to comply shall constitute a
2separate offense.
3(Source: P.A. 95-979, eff. 1-2-09.)".