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Full Text of SB2339  100th General Assembly

SB2339sam002 100TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 5/1/2018

 

 


 

 


 
10000SB2339sam002LRB100 17959 SLF 39590 a

1
AMENDMENT TO SENATE BILL 2339

2    AMENDMENT NO. ______. Amend Senate Bill 2339 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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

 

 

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1    lead a reasonable person to believe that the vehicle or
2    essential part is stolen or converted; or (B) if the person
3    exercises exclusive unexplained possession over the stolen
4    or converted vehicle or essential part, regardless of
5    whether the date on which the vehicle or essential part was
6    stolen is recent or remote; additionally the General
7    Assembly finds that the acquisition and disposition of
8    vehicles and their essential parts are strictly controlled
9    by law and that such acquisitions and dispositions are
10    reflected by documents of title, uniform invoices, rental
11    contracts, leasing agreements and bills of sale. It may be
12    inferred, therefore that a person exercising exclusive
13    unexplained possession over a stolen or converted vehicle
14    or an essential part of a stolen or converted vehicle has
15    knowledge that such vehicle or essential part is stolen or
16    converted, regardless of whether the date on which such
17    vehicle or essential part was stolen is recent or remote;
18        (2) A person to knowingly remove, alter, deface,
19    destroy, falsify, or forge a manufacturer's identification
20    number of a vehicle or an engine number of a motor vehicle
21    or any essential part thereof having an identification
22    number;
23        (3) A person to knowingly conceal or misrepresent the
24    identity of a vehicle or any essential part thereof;
25        (4) A person to buy, receive, possess, sell or dispose
26    of a vehicle, or any essential part thereof, with knowledge

 

 

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1    that the identification number of the vehicle or any
2    essential part thereof having an identification number has
3    been removed or falsified;
4        (5) A person to knowingly possess, buy, sell, exchange,
5    give away, or offer to buy, sell, exchange or give away,
6    any manufacturer's identification number plate, mylar
7    sticker, federal certificate label, State police
8    reassignment plate, Secretary of State assigned plate,
9    rosette rivet, or facsimile of such which has not yet been
10    attached to or has been removed from the original or
11    assigned vehicle. It is an affirmative defense to
12    subsection (a) of this Section that the person possessing,
13    buying, selling or exchanging a plate mylar sticker or
14    label described in this paragraph is a police officer doing
15    so as part of his official duties, or is a manufacturer's
16    authorized representative who is replacing any
17    manufacturer's identification number plate, mylar sticker
18    or Federal certificate label originally placed on the
19    vehicle by the manufacturer of the vehicle or any essential
20    part thereof;
21        (6) A person to knowingly make a false report of the
22    theft or conversion of a vehicle to any police officer of
23    this State or any employee of a law enforcement agency of
24    this State designated by the law enforcement agency to
25    take, receive, process, or record reports of vehicle theft
26    or conversion.

 

 

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1    (a-1) A person engaged in the repair or servicing of
2vehicles does not violate this Chapter by knowingly possessing
3a manufacturer's identification number plate for the purpose of
4reaffixing it on the same damaged vehicle from which it was
5originally taken, if the person reaffixes or intends to reaffix
6the original manufacturer's identification number plate in
7place of the identification number plate affixed on a new
8dashboard that has been or will be installed in the vehicle.
9The person must notify the Secretary of State each time the
10original manufacturer's identification number plate is
11reaffixed on a vehicle. The person must keep a record
12indicating that the identification number plate affixed on the
13new dashboard has been removed and has been replaced by the
14manufacturer's identification number plate originally affixed
15on the vehicle. The person also must keep a record regarding
16the status and location of the identification number plate
17removed from the replacement dashboard. The Secretary shall
18adopt rules for implementing this subsection (a-1).
19    (a-2) The owner of a vehicle repaired under subsection
20(a-1) must, within 90 days of the date of the repairs, contact
21an officer of the Illinois State Police Vehicle Inspection
22Bureau and arrange for an inspection of the vehicle, by the
23officer or the officer's designee, at a mutually agreed upon
24date and location.
25    (b) Sentence. A person convicted of a violation of this
26Section shall be guilty of a Class 2 felony.

 

 

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1    (c) The offenses set forth in subsection (a) of this
2Section shall not include the offense set forth in Section
34-103.2 of this Code.
4(Source: P.A. 93-456, eff. 8-8-03.)
 
5    Section 10. The Juvenile Court Act of 1987 is amended by
6adding Section 5-408 as follows:
 
7    (705 ILCS 405/5-408 new)
8    Sec. 5-408. Processing of juvenile detained for certain
9offenses.
10    (a) If a law enforcement officer detains a minor for an act
11that if committed by an adult would constitute vehicular
12hijacking, aggravated vehicular hijacking, or possession of a
13stolen motor vehicle, the officer shall deliver the minor to
14the nearest juvenile officer, as provided under subsection (2)
15of Section 5-405 of this Act. The juvenile officer shall
16deliver the minor without unnecessary delay to the court or to
17the place designated by rule or order of court for the
18reception of minors. In no event shall the minor be eligible
19for any other disposition by the juvenile police officer,
20notwithstanding the provisions of subsection (3) of Section
215-405 of this Act.
22    (b) Minors shall be brought before a judicial officer
23within 40 hours, exclusive of Saturdays, Sundays, and
24court-designated holidays, for a detention hearing to

 

 

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1determine whether he or she shall be further held in custody.
2If the court finds that there is probable cause to believe that
3the minor is a delinquent minor by virtue of his or her
4violation of Section 18-3 or 18-4 of the Criminal Code of 1961
5or the Criminal Code of 2012 or item (1) of subsection (a) of
6Section 4-103 of the Illinois Vehicle Code, that finding shall
7create a presumption that immediate and urgent necessity exists
8under subsection (2) of Section 5-501 of this Act. Once the
9presumption of immediate and urgent necessity has been raised,
10the burden of demonstrating the lack of immediate and urgent
11necessity shall be on any party that is opposing detention for
12the minor. Should the court order detention under this Section,
13the minor shall be detained, pending the results of a
14court-ordered psychological evaluation to determine if the
15minor is a risk to himself, herself, or others. Upon receipt of
16the psychological evaluation, the court shall review the
17determination regarding the existence of urgent and immediate
18necessity. The court shall consider the psychological
19evaluation in conjunction with the other factors identified in
20subsection (2) of Section 5-501 of this Act in order to make a
21de novo determination regarding whether it is a matter of
22immediate and urgent necessity for the protection of the minor
23or of the person or property of another that the minor be
24detained or placed in a shelter care facility. In addition to
25the pre-trial conditions found in Section 5-505 of this Act,
26the court may order the minor to receive counseling and any

 

 

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1other services recommended by the psychological evaluation as a
2condition for release of the minor.
3    (c) Psychological evaluations ordered under subsection (b)
4of this Section and statements made by the minor during the
5course of these evaluations, shall not be admissible on the
6issue of delinquency during the course of any adjudicatory
7hearing held under this Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".