Illinois General Assembly - Full Text of HB5545
Illinois General Assembly

Previous General Assemblies

Full Text of HB5545  100th General Assembly

HB5545 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5545

 

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

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-23 new
720 ILCS 5/19-2  from Ch. 38, par. 19-2
720 ILCS 5/19-2.5

    Amends the Criminal Code of 2012. Provides that "device" for purposes of possession of burglary tools includes a vehicle security circumvention device. Provides that a person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers a vehicle security circumvention device with knowledge that the device will be used by the person or another to commit a violation of law. Provides that a violation of this offense is a Class A misdemeanor. Defines "vehicle security circumvention device" as a device that is capable of obtaining, intercepting, or processing information from a motor vehicle keyless entry system with the knowledge that the use of the device will be used to gain entry into a motor vehicle without the owner's consent.


LRB100 17773 SLF 32951 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5545LRB100 17773 SLF 32951 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 Criminal Code of 2012 is amended by changing
5Section 19-2 and 19-2.5 and by adding Section 2-23 as follows:
 
6    (720 ILCS 5/2-23 new)
7    Sec. 2-23. Vehicle security circumvention device.
8    "Vehicle security circumvention device" means a device
9that is capable of obtaining, intercepting, or processing
10information from a motor vehicle keyless entry system with the
11knowledge that the use of the device will be used to gain entry
12into a motor vehicle without the owner's consent.
 
13    (720 ILCS 5/19-2)  (from Ch. 38, par. 19-2)
14    Sec. 19-2. Possession of burglary tools.
15    (a) A person commits possession of burglary tools when he
16or she possesses any key, tool, instrument, device, or any
17explosive, suitable for use in breaking into a building,
18housetrailer, watercraft, aircraft, motor vehicle, railroad
19car, or any depository designed for the safekeeping of
20property, or any part thereof, with intent to enter that place
21and with intent to commit therein a felony or theft. The trier
22of fact may infer from the possession of a key designed for

 

 

HB5545- 2 -LRB100 17773 SLF 32951 b

1lock bumping an intent to commit a felony or theft; however,
2this inference does not apply to any peace officer or other
3employee of a law enforcement agency, or to any person or
4agency licensed under the Private Detective, Private Alarm,
5Private Security, Fingerprint Vendor, and Locksmith Act of
62004. For the purposes of this Section, "lock bumping" means a
7lock picking technique for opening a pin tumbler lock using a
8specially-crafted bumpkey.
9    (a-5) In this Section, "device" includes a vehicle security
10circumvention device.
11    (b) Sentence.
12    Possession of burglary tools is a Class 4 felony.
13(Source: P.A. 97-1108, eff. 1-1-13.)
 
14    (720 ILCS 5/19-2.5)
15    Sec. 19-2.5. Unlawful sale of burglary tools.
16    (a) For the purposes of this Section:
17        "Lock bumping" means a lock picking technique for
18    opening a pin tumbler lock using a specially-crafted
19    bumpkey.
20        "Motor vehicle" has the meaning ascribed to it in the
21    Illinois Vehicle Code.
22    (b) A person commits the offense of unlawful sale of
23burglary tools when he or she knowingly sells or transfers any
24key, including a key designed for lock bumping, or a lock pick
25specifically manufactured or altered for use in breaking into a

 

 

HB5545- 3 -LRB100 17773 SLF 32951 b

1building, housetrailer, watercraft, aircraft, motor vehicle,
2railroad car, or any depository designed for the safekeeping of
3property, or any part of that property.
4    (b-5) A person commits the offense of unlawful sale of
5burglary tools when he or she knowingly sells or transfers a
6vehicle security circumvention device with knowledge that the
7device will be used by the person or another to commit a
8violation of law.
9    (c) This Section does not apply to the sale or transfer of
10any item described in subsection (b) or (b-5) to any peace
11officer or other employee of a law enforcement agency, or to
12any person or agency licensed as a locksmith under the Private
13Detective, Private Alarm, Private Security, Fingerprint
14Vendor, and Locksmith Act of 2004, or to any person engaged in
15the business of towing vehicles, or to any person engaged in
16the business of lawful repossession of property who possesses a
17valid Repossessor-ICC Authorization Card.
18    (d) Sentence. Unlawful sale of burglary tools under
19subsection (b) of this Section is a Class 4 felony. Unlawful
20sale of burglary tools under subsection (b-5) of this Section
21is a Class A misdemeanor.
22(Source: P.A. 96-1307, eff. 1-1-11.)