Rep. Jaime M. Andrade, Jr.

Filed: 3/22/2019

 

 


 

 


 
10100HB2094ham001LRB101 07931 SLF 58473 a

1
AMENDMENT TO HOUSE BILL 2094

2    AMENDMENT NO. ______. Amend House Bill 2094 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 19-2 and 19-2.5 and by adding Section 2-23 as
6follows:
 
7    (720 ILCS 5/2-23 new)
8    Sec. 2-23. Vehicle security circumvention device.
9    "Vehicle security circumvention device" means a device
10that is capable of obtaining, intercepting, or processing
11information from a motor vehicle keyless entry system that
12would allow entry into a motor vehicle or start a motor
13vehicle, without the owner's consent.
 
14    (720 ILCS 5/19-2)  (from Ch. 38, par. 19-2)
15    Sec. 19-2. Possession of burglary tools.

 

 

10100HB2094ham001- 2 -LRB101 07931 SLF 58473 a

1    (a) A person commits possession of burglary tools when he
2or she possesses any key, tool, instrument, device, or any
3explosive, suitable for use in breaking into a building,
4housetrailer, watercraft, aircraft, motor vehicle, railroad
5car, or any depository designed for the safekeeping of
6property, or any part thereof, with intent to enter that place
7and with intent to commit therein a felony or theft. The trier
8of fact may infer from the possession of a key designed for
9lock bumping an intent to commit a felony or theft; however,
10this inference does not apply to any peace officer or other
11employee of a law enforcement agency, or to any person or
12agency licensed under the Private Detective, Private Alarm,
13Private Security, Fingerprint Vendor, and Locksmith Act of
142004. For the purposes of this Section, "lock bumping" means a
15lock picking technique for opening a pin tumbler lock using a
16specially-crafted bumpkey.
17    (a-5) A person commits possession of burglary tools when he
18or she possesses a vehicle security circumvention device and
19that person is not a:
20        (1) mechanic;
21        (2) new vehicle dealer or used vehicle dealer licensed
22    under Section 5-101 or 5-102 of the Illinois Vehicle Code;
23        (3) locksmith licensed under the Private Detective,
24    Private Alarm, Private Security, Fingerprint Vendor, and
25    Locksmith Act of 2004;
26        (4) repossession agent; or

 

 

10100HB2094ham001- 3 -LRB101 07931 SLF 58473 a

1        (5) State or local law enforcement officer.
2    (b) Sentence.
3    Possession of burglary tools in subsection (a) is a Class 4
4felony. Possession of burglary tools in subsection (a-5) is a
5Class C misdemeanor.
6(Source: P.A. 97-1108, eff. 1-1-13.)
 
7    (720 ILCS 5/19-2.5)
8    Sec. 19-2.5. Unlawful sale of burglary tools.
9    (a) For the purposes of this Section:
10        "Lock bumping" means a lock picking technique for
11    opening a pin tumbler lock using a specially-crafted
12    bumpkey.
13        "Motor vehicle" has the meaning ascribed to it in the
14    Illinois Vehicle Code.
15    (b) A person commits the offense of unlawful sale of
16burglary tools when he or she knowingly sells or transfers any
17key, including a key designed for lock bumping, or a lock pick
18specifically manufactured or altered for use in breaking into a
19building, housetrailer, watercraft, aircraft, motor vehicle,
20railroad car, or any depository designed for the safekeeping of
21property, or any part of that property.
22    (b-5) A person commits the offense of unlawful sale of
23burglary tools when he or she knowingly sells or transfers a
24vehicle security circumvention device with knowledge that the
25device will be used by the person or another to commit a

 

 

10100HB2094ham001- 4 -LRB101 07931 SLF 58473 a

1violation of law.
2    (c) This Section does not apply to the sale or transfer of
3any item described in subsection (b) to any peace officer or
4other employee of a law enforcement agency, or to any person or
5agency licensed as a locksmith under the Private Detective,
6Private Alarm, Private Security, Fingerprint Vendor, and
7Locksmith Act of 2004, or to any person engaged in the business
8of towing vehicles, or to any person engaged in the business of
9lawful repossession of property who possesses a valid
10Repossessor-ICC Authorization Card.
11    (c-5) Any seller of a vehicle security circumvention device
12in this State who reaches an agreement with a buyer for the
13purchase of the vehicle circumvention device shall conduct a
14criminal background check of the buyer before completing the
15purchase. A seller of a vehicle circumvention device who
16conducts a criminal background check under this Section shall
17not complete the purchase of the device if the background check
18reveals that the buyer has been convicted of a felony.
19    (d) Sentence. Unlawful sale of burglary tools under
20subsection (b) is a Class 4 felony. Unlawful sale of burglary
21tools under subsection (b-5) is a petty offense.
22(Source: P.A. 96-1307, eff. 1-1-11.)".