Full Text of HB4729 100th General Assembly
HB4729eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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
| 8 | | vehicles - Felonies.
| 9 | | (a) Except as provided in subsection (a-1), it is a | 10 | | violation 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 while knowing or | 14 | | recklessly disregarding that the vehicle or essential part | 15 | | of a vehicle has been stolen or converted , knowing it to | 16 | | have been stolen or converted ; additionally the General
| 17 | | Assembly finds that the acquisition and disposition of | 18 | | vehicles and their
essential parts are strictly controlled | 19 | | by law and that such acquisitions
and dispositions are | 20 | | reflected by documents of title, uniform invoices,
rental | 21 | | contracts, leasing agreements and bills of sale. The trier | 22 | | of fact may infer that a person knows or recklessly | 23 | | disregards that the vehicle or essential part of a vehicle |
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| 1 | | has been stolen or converted if the person: (i) operates a | 2 | | vehicle or possesses an essential part of a vehicle without | 3 | | the consent of the owner; or (ii) exercises unexplained | 4 | | possession over a vehicle or an essential part of a vehicle | 5 | | It may be
inferred, therefore that a person exercising | 6 | | exclusive unexplained
possession over a stolen or | 7 | | converted vehicle or an essential part of a
stolen or | 8 | | converted vehicle has knowledge that such vehicle or | 9 | | essential
part is stolen or converted , regardless of | 10 | | whether the date on which such
vehicle or essential part | 11 | | was stolen is recent or remote;
| 12 | | (2) A person to knowingly remove, alter, deface, | 13 | | destroy,
falsify, or forge a
manufacturer's identification | 14 | | number of a vehicle or an engine number of
a motor vehicle | 15 | | or any essential part thereof having an identification
| 16 | | number;
| 17 | | (3) A person to knowingly conceal or misrepresent the | 18 | | identity of a
vehicle or any essential part thereof;
| 19 | | (4) A person to buy, receive, possess, sell or dispose | 20 | | of a vehicle,
or any essential part thereof, with knowledge | 21 | | that the identification
number of the vehicle or any | 22 | | essential part thereof having an
identification number has | 23 | | been removed or falsified;
| 24 | | (5) A person to knowingly possess, buy, sell, exchange, | 25 | | give away, or
offer to buy, sell, exchange or give away, | 26 | | any manufacturer's
identification number plate, mylar |
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| 1 | | sticker, federal certificate label,
State police | 2 | | reassignment plate, Secretary of State assigned plate, | 3 | | rosette
rivet, or facsimile of such which has not yet been | 4 | | attached to or has been
removed from the original or | 5 | | assigned vehicle. It is an affirmative
defense to | 6 | | subsection (a) of this Section that the person possessing,
| 7 | | buying, selling or exchanging a plate mylar sticker or | 8 | | label described in
this paragraph is a police officer doing | 9 | | so as part of his official duties,
or is a manufacturer's | 10 | | authorized representative
who is replacing any
| 11 | | manufacturer's identification number plate, mylar sticker | 12 | | or Federal
certificate label originally placed on the | 13 | | vehicle by the manufacturer of
the vehicle or any essential | 14 | | part
thereof;
| 15 | | (6) A person to knowingly make a false report of the | 16 | | theft or conversion
of a vehicle to any police officer of | 17 | | this State or any employee of a law
enforcement agency of | 18 | | this State designated by the law enforcement agency to
| 19 | | take, receive, process, or record reports of vehicle theft | 20 | | or conversion.
| 21 | | (a-1) A person engaged in the repair or servicing of | 22 | | vehicles does not
violate
this
Chapter by knowingly possessing | 23 | | a manufacturer's identification number plate
for the
purpose of | 24 | | reaffixing it on the same damaged vehicle from which it was
| 25 | | originally taken,
if the person reaffixes or intends to reaffix | 26 | | the original manufacturer's
identification
number plate in |
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| 1 | | place of the identification number plate affixed on a new
| 2 | | dashboard that
has been or will be installed in the vehicle. | 3 | | The person must notify the
Secretary of State
each time the | 4 | | original manufacturer's identification number plate is | 5 | | reaffixed
on a
vehicle. The person must keep a record | 6 | | indicating that the identification
number plate
affixed on the | 7 | | new dashboard has been removed and has been replaced by the
| 8 | | manufacturer's identification number plate originally affixed | 9 | | on the vehicle.
The person
also must keep a record regarding | 10 | | the status and location of the identification
number
plate | 11 | | removed from the replacement dashboard.
The Secretary shall | 12 | | adopt rules for implementing this subsection (a-1).
| 13 | | (a-2) The owner of a vehicle repaired under subsection | 14 | | (a-1) must,
within 90 days of the date of the repairs, contact | 15 | | an officer of the Illinois
State Police Vehicle Inspection | 16 | | Bureau and arrange for an inspection of the
vehicle, by the | 17 | | officer or the officer's designee, at a mutually agreed upon
| 18 | | date and location.
| 19 | | (b) Sentence. A person convicted of a violation of this | 20 | | Section shall
be guilty of a Class 2 felony.
| 21 | | (c) The offenses set forth in subsection (a) of this | 22 | | Section shall not
include the offense set forth in Section | 23 | | 4-103.2 of this Code.
| 24 | | (Source: P.A. 93-456, eff. 8-8-03.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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