Bill Text: IL SB2339 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Illinois Prison Inspection Act. Makes a technical change in a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-09 - Session Sine Die [SB2339 Detail]

Download: Illinois-2017-SB2339-Engrossed.html

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AN ACT concerning criminal law.
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 changing
Section 4-103 as follows:
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) Except as provided in subsection (a-1), it is a
violation of this Chapter for:
(1) A person not entitled to the possession of a
vehicle or essential part of a vehicle to receive, possess,
conceal, sell, dispose, or transfer it, knowing it to have
been stolen or converted. Knowledge that a vehicle or
essential part is stolen or converted may be inferred: (A)
from the surrounding facts and circumstances, which would
lead a reasonable person to believe that the vehicle or
essential part is stolen or converted; or (B) if the person
exercises exclusive unexplained possession over the stolen
or converted vehicle or essential part, regardless of
whether the date on which the vehicle or essential part was
stolen is recent or remote; additionally the General
Assembly finds that the acquisition and disposition of

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vehicles and their essential parts are strictly controlled
by law and that such acquisitions and dispositions are
reflected by documents of title, uniform invoices, rental
contracts, leasing agreements and bills of sale. It may be
inferred, therefore that a person exercising exclusive
unexplained possession over a stolen or converted vehicle
or an essential part of a stolen or converted vehicle has
knowledge that such vehicle or essential part is stolen or
converted, regardless of whether the date on which such
vehicle or essential part was stolen is recent or remote;
(2) A person to knowingly remove, alter, deface,
destroy, falsify, or forge a manufacturer's identification
number of a vehicle or an engine number of a motor vehicle
or any essential part thereof having an identification
number;
(3) A person to knowingly conceal or misrepresent the
identity of a vehicle or any essential part thereof;
(4) A person to buy, receive, possess, sell or dispose
of a vehicle, or any essential part thereof, with knowledge
that the identification number of the vehicle or any
essential part thereof having an identification number has
been removed or falsified;
(5) A person to knowingly possess, buy, sell, exchange,
give away, or offer to buy, sell, exchange or give away,
any manufacturer's identification number plate, mylar
sticker, federal certificate label, State police

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reassignment plate, Secretary of State assigned plate,
rosette rivet, or facsimile of such which has not yet been
attached to or has been removed from the original or
assigned vehicle. It is an affirmative defense to
subsection (a) of this Section that the person possessing,
buying, selling or exchanging a plate mylar sticker or
label described in this paragraph is a police officer doing
so as part of his official duties, or is a manufacturer's
authorized representative who is replacing any
manufacturer's identification number plate, mylar sticker
or Federal certificate label originally placed on the
vehicle by the manufacturer of the vehicle or any essential
part thereof;
(6) A person to knowingly make a false report of the
theft or conversion of a vehicle to any police officer of
this State or any employee of a law enforcement agency of
this State designated by the law enforcement agency to
take, receive, process, or record reports of vehicle theft
or conversion.
(a-1) A person engaged in the repair or servicing of
vehicles does not violate this Chapter by knowingly possessing
a manufacturer's identification number plate for the purpose of
reaffixing it on the same damaged vehicle from which it was
originally taken, if the person reaffixes or intends to reaffix
the original manufacturer's identification number plate in
place of the identification number plate affixed on a new

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dashboard that has been or will be installed in the vehicle.
The person must notify the Secretary of State each time the
original manufacturer's identification number plate is
reaffixed on a vehicle. The person must keep a record
indicating that the identification number plate affixed on the
new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed
on the vehicle. The person also must keep a record regarding
the status and location of the identification number plate
removed from the replacement dashboard. The Secretary shall
adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection
(a-1) must, within 90 days of the date of the repairs, contact
an officer of the Illinois State Police Vehicle Inspection
Bureau and arrange for an inspection of the vehicle, by the
officer or the officer's designee, at a mutually agreed upon
date and location.
(b) Sentence. A person convicted of a violation of this
Section shall be guilty of a Class 2 felony.
(c) The offenses set forth in subsection (a) of this
Section shall not include the offense set forth in Section
4-103.2 of this Code.
(Source: P.A. 93-456, eff. 8-8-03.)
Section 10. The Juvenile Court Act of 1987 is amended by
adding Section 5-408 as follows:

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(705 ILCS 405/5-408 new)
Sec. 5-408. Processing of juvenile detained for certain
offenses.
(a) If a law enforcement officer detains a minor for an act
that if committed by an adult would constitute vehicular
hijacking, aggravated vehicular hijacking, or possession of a
stolen motor vehicle, the officer shall deliver the minor to
the nearest juvenile officer, as provided under subsection (2)
of Section 5-405 of this Act. The juvenile officer shall
deliver the minor without unnecessary delay to the court or to
the place designated by rule or order of court for the
reception of minors. In no event shall the minor be eligible
for any other disposition by the juvenile police officer,
notwithstanding the provisions of subsection (3) of Section
5-405 of this Act.
(b) Minors shall be brought before a judicial officer
within 40 hours, exclusive of Saturdays, Sundays, and
court-designated holidays, for a detention hearing to
determine whether he or she shall be further held in custody.
If the court finds that there is probable cause to believe that
the minor is a delinquent minor by virtue of his or her
violation of Section 18-3 or 18-4 of the Criminal Code of 1961
or the Criminal Code of 2012 or item (1) of subsection (a) of
Section 4-103 of the Illinois Vehicle Code, that finding shall
create a presumption that immediate and urgent necessity exists

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under subsection (2) of Section 5-501 of this Act. Once the
presumption of immediate and urgent necessity has been raised,
the burden of demonstrating the lack of immediate and urgent
necessity shall be on any party that is opposing detention for
the minor. Should the court order detention under this Section,
the minor shall be detained, pending the results of a
court-ordered psychological evaluation to determine if the
minor is a risk to himself, herself, or others. Upon receipt of
the psychological evaluation, the court shall review the
determination regarding the existence of urgent and immediate
necessity. The court shall consider the psychological
evaluation in conjunction with the other factors identified in
subsection (2) of Section 5-501 of this Act in order to make a
de novo determination regarding whether it is a matter of
immediate and urgent necessity for the protection of the minor
or of the person or property of another that the minor be
detained or placed in a shelter care facility. In addition to
the pre-trial conditions found in Section 5-505 of this Act,
the court may order the minor to receive counseling and any
other services recommended by the psychological evaluation as a
condition for release of the minor.
(c) Psychological evaluations ordered under subsection (b)
of this Section and statements made by the minor during the
course of these evaluations shall not be admissible on the
issue of delinquency during the course of any adjudicatory
hearing held under this Act.

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