HB5266 101ST GENERAL ASSEMBLY

LRB101 15865 LNS 70403 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5266

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

625 ILCS 5/12-614 new

Amends the Illinois Vehicle Code. Provides that no person may possess a vehicle security circumvention device if he or she has previously been convicted of specified felonies under the Code. Provides that a mechanic, a licensed new or used vehicle dealer, a licensed locksmith, a repossession agent, or a State or local law enforcement officer may possess a vehicle security circumvention device. Provides that any seller of a vehicle security circumvention device shall: (1) conduct a criminal background check on a buyer before completing the sale; and (2) confirm that the buyer may lawfully possess a vehicle security circumvention device before completing the sale. Provides criminal penalties.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 12-614 as follows:

(625 ILCS 5/12-614 new)

Sec. 12-614. Vehicle security circumvention device.

(a) For purposes of this Section, "vehicle security circumvention device" means a device that is capable of obtaining, intercepting, or processing information from a motor vehicle keyless entry system.

(b) No person may possess a vehicle security circumvention device if he or she has previously been convicted of a felony under Section 4-103. A person who commits a violation of this subsection is guilty of a Class A misdemeanor.

(c) No person may possess a vehicle security circumvention device in this State except for the following persons:

(1) a mechanic;

(2) a new vehicle dealer or used vehicle dealer licensed under Section 5-101 or 5-102;

(3) a locksmith licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004;

(4) a repossession agent; or

(5) a State or local law enforcement officer.

A person who commits a violation of this subsection is guilty of a Class B misdemeanor.

(d) Any seller of a vehicle security circumvention device in this State who reaches an agreement with a buyer for the purchase of the vehicle security circumvention device shall conduct a criminal background check of the buyer before completing the sale. A seller of a vehicle security circumvention device who conducts a criminal background check under this Section shall not complete the sale of the vehicle security circumvention device if the background check reveals that the buyer has been convicted of a felony in this State or another jurisdiction. A seller who violates this subsection is guilty of a Class A misdemeanor.

(e) Any seller of a vehicle security circumvention device in this State who reaches an agreement with a buyer for the purchase of the vehicle security circumvention device shall confirm that the buyer may lawfully possess a vehicle security circumvention device pursuant to subsections (b) and (c) before completing the sale. A seller of a vehicle security circumvention device shall not complete the sale of the vehicle security circumvention device if the buyer is unable to confirm that the buyer may lawfully possess a vehicle security circumvention device pursuant to subsections (b) and (c). A seller who violates this subsection is guilty of a Class B misdemeanor.