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Sen. John J. Cullerton
Filed: 5/29/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1804
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1804 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Section 4-103 as follows:
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| 6 | | (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
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| 7 | | Sec. 4-103.
Offenses relating to motor vehicles and other
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| 8 | | vehicles - Felonies.
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| 9 | | (a) Except as provided in subsection (a-1), it is a |
| 10 | | violation of this
Chapter for:
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| 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, knowing it to have |
| 14 | | been stolen or converted. Knowledge that a vehicle or |
| 15 | | essential part is stolen or converted may be inferred:
(A) |
| 16 | | from the surrounding facts and circumstances, which would |
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| 1 | | lead a reasonable person to believe that the vehicle or |
| 2 | | essential part is stolen or converted; or
(B) if the person |
| 3 | | exercises exclusive unexplained possession over the stolen |
| 4 | | or converted vehicle or essential part, regardless of |
| 5 | | whether the date on which the vehicle or essential part was |
| 6 | | stolen is recent or remote; additionally the General
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| 7 | | Assembly finds that the acquisition and disposition of |
| 8 | | vehicles and their
essential parts are strictly controlled |
| 9 | | by law and that such acquisitions
and dispositions are |
| 10 | | reflected by documents of title, uniform invoices,
rental |
| 11 | | contracts, leasing agreements and bills of sale. It may be
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| 12 | | inferred, therefore that a person exercising exclusive |
| 13 | | unexplained
possession over a stolen or converted vehicle |
| 14 | | or an essential part of a
stolen or converted vehicle has |
| 15 | | knowledge that such vehicle or essential
part is stolen or |
| 16 | | converted, regardless of whether the date on which such
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| 17 | | vehicle or essential part was stolen is recent or remote;
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| 18 | | (2) A person to knowingly remove, alter, deface, |
| 19 | | destroy,
falsify, or forge a
manufacturer's identification |
| 20 | | number of a vehicle or an engine number of
a motor vehicle |
| 21 | | or any essential part thereof having an identification
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| 22 | | number;
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| 23 | | (3) A person to knowingly conceal or misrepresent the |
| 24 | | identity of a
vehicle or any essential part thereof;
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| 25 | | (4) A person to buy, receive, possess, sell or dispose |
| 26 | | of a vehicle,
or any essential part thereof, with knowledge |
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| 1 | | that the identification
number of the vehicle or any |
| 2 | | essential part thereof having an
identification number has |
| 3 | | been removed or falsified;
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| 4 | | (5) A person to knowingly possess, buy, sell, exchange, |
| 5 | | give away, or
offer to buy, sell, exchange or give away, |
| 6 | | any manufacturer's
identification number plate, mylar |
| 7 | | sticker, federal certificate label,
State police |
| 8 | | reassignment plate, Secretary of State assigned plate, |
| 9 | | rosette
rivet, or facsimile of such which has not yet been |
| 10 | | attached to or has been
removed from the original or |
| 11 | | assigned vehicle. It is an affirmative
defense to |
| 12 | | subsection (a) of this Section that the person possessing,
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| 13 | | buying, selling or exchanging a plate mylar sticker or |
| 14 | | label described in
this paragraph is a police officer doing |
| 15 | | so as part of his official duties,
or is a manufacturer's |
| 16 | | authorized representative
who is replacing any
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| 17 | | manufacturer's identification number plate, mylar sticker |
| 18 | | or Federal
certificate label originally placed on the |
| 19 | | vehicle by the manufacturer of
the vehicle or any essential |
| 20 | | part
thereof;
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| 21 | | (6) A person to knowingly make a false report of the |
| 22 | | theft or conversion
of a vehicle to any police officer of |
| 23 | | this State or any employee of a law
enforcement agency of |
| 24 | | this State designated by the law enforcement agency to
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| 25 | | take, receive, process, or record reports of vehicle theft |
| 26 | | or conversion.
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| 1 | | (a-1) A person engaged in the repair or servicing of |
| 2 | | vehicles does not
violate
this
Chapter by knowingly possessing |
| 3 | | a manufacturer's identification number plate
for the
purpose of |
| 4 | | reaffixing it on the same damaged vehicle from which it was
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| 5 | | originally taken,
if the person reaffixes or intends to reaffix |
| 6 | | the original manufacturer's
identification
number plate in |
| 7 | | place of the identification number plate affixed on a new
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| 8 | | dashboard that
has been or will be installed in the vehicle. |
| 9 | | The person must notify the
Secretary of State
each time the |
| 10 | | original manufacturer's identification number plate is |
| 11 | | reaffixed
on a
vehicle. The person must keep a record |
| 12 | | indicating that the identification
number plate
affixed on the |
| 13 | | new dashboard has been removed and has been replaced by the
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| 14 | | manufacturer's identification number plate originally affixed |
| 15 | | on the vehicle.
The person
also must keep a record regarding |
| 16 | | the status and location of the identification
number
plate |
| 17 | | removed from the replacement dashboard.
The Secretary shall |
| 18 | | adopt rules for implementing this subsection (a-1).
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| 19 | | (a-2) The owner of a vehicle repaired under subsection |
| 20 | | (a-1) must,
within 90 days of the date of the repairs, contact |
| 21 | | an officer of the Illinois
State Police Vehicle Inspection |
| 22 | | Bureau and arrange for an inspection of the
vehicle, by the |
| 23 | | officer or the officer's designee, at a mutually agreed upon
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| 24 | | date and location.
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| 25 | | (b) Sentence. A person convicted of a violation of this |
| 26 | | Section shall
be guilty of a Class 2 felony.
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| 1 | | (c) The offenses set forth in subsection (a) of this |
| 2 | | Section shall not
include the offense set forth in Section |
| 3 | | 4-103.2 of this Code.
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| 4 | | (Source: P.A. 93-456, eff. 8-8-03.)
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| 5 | | Section 10. The Juvenile Court Act of 1987 is amended by |
| 6 | | changing Section 5-410 as follows:
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| 7 | | (705 ILCS 405/5-410)
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| 8 | | Sec. 5-410. Non-secure custody or detention.
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| 9 | | (1) Any minor arrested or taken into custody pursuant to |
| 10 | | this Act who
requires care away from his or her home but who |
| 11 | | does not require physical
restriction shall be given temporary |
| 12 | | care in a foster family home or other
shelter facility |
| 13 | | designated by the court.
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| 14 | | (2) (a) Any minor 10 years of age or older arrested
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| 15 | | pursuant to this Act where there is probable cause to believe |
| 16 | | that the minor
is a delinquent minor and that
(i) secured |
| 17 | | custody is a matter of immediate and urgent necessity for the
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| 18 | | protection of the minor or of the person or property of |
| 19 | | another, (ii) the minor
is likely to flee the jurisdiction of |
| 20 | | the court, or (iii) the minor was taken
into custody under a |
| 21 | | warrant, may be kept or detained in an authorized
detention |
| 22 | | facility. A minor under 13 years of age shall not be admitted, |
| 23 | | kept, or detained in a detention facility unless a local youth |
| 24 | | service provider, including a provider through the |
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| 1 | | Comprehensive Community Based Youth Services network, has been |
| 2 | | contacted and has not been able to accept the minor. No minor |
| 3 | | under 12 years of age shall be detained in a
county jail or a |
| 4 | | municipal lockup for more than 6 hours.
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| 5 | | (a-5) For a minor arrested or taken into custody for |
| 6 | | vehicular hijacking or aggravated vehicular hijacking, a |
| 7 | | previous finding of delinquency for vehicular hijacking or |
| 8 | | aggravated vehicular hijacking shall be given greater weight in |
| 9 | | determining whether secured custody of a minor is a matter of |
| 10 | | immediate and urgent necessity for the protection of the minor |
| 11 | | or of the person or property of another. |
| 12 | | (b) The written authorization of the probation officer or |
| 13 | | detention officer
(or other public officer designated by the |
| 14 | | court in a county having
3,000,000 or more inhabitants) |
| 15 | | constitutes authority for the superintendent of
any juvenile |
| 16 | | detention home to detain and keep a minor for up to 40 hours,
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| 17 | | excluding Saturdays, Sundays and court-designated holidays. |
| 18 | | These
records shall be available to the same persons and |
| 19 | | pursuant to the same
conditions as are law enforcement records |
| 20 | | as provided in Section 5-905.
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| 21 | | (b-4) The consultation required by subsection (b-5) shall |
| 22 | | not be applicable
if the probation officer or detention officer |
| 23 | | (or other public officer
designated
by the court in a
county |
| 24 | | having 3,000,000 or more inhabitants) utilizes a scorable |
| 25 | | detention
screening instrument, which has been developed with |
| 26 | | input by the State's
Attorney, to
determine whether a minor |
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| 1 | | should be detained, however, subsection (b-5) shall
still be |
| 2 | | applicable where no such screening instrument is used or where |
| 3 | | the
probation officer, detention officer (or other public |
| 4 | | officer designated by the
court in a county
having 3,000,000 or |
| 5 | | more inhabitants) deviates from the screening instrument.
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| 6 | | (b-5) Subject to the provisions of subsection (b-4), if a |
| 7 | | probation officer
or detention officer
(or other public officer |
| 8 | | designated by
the court in a county having 3,000,000 or more |
| 9 | | inhabitants) does not intend to
detain a minor for an offense |
| 10 | | which constitutes one of the following offenses
he or she shall |
| 11 | | consult with the State's Attorney's Office prior to the release
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| 12 | | of the minor: first degree murder, second degree murder, |
| 13 | | involuntary
manslaughter, criminal sexual assault, aggravated |
| 14 | | criminal sexual assault,
aggravated battery with a firearm as |
| 15 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
| 16 | | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous |
| 17 | | battery involving
permanent disability or disfigurement or |
| 18 | | great bodily harm, robbery, aggravated
robbery, armed robbery, |
| 19 | | vehicular hijacking, aggravated vehicular hijacking,
vehicular |
| 20 | | invasion, arson, aggravated arson, kidnapping, aggravated |
| 21 | | kidnapping,
home invasion, burglary, or residential burglary.
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| 22 | | (c) Except as otherwise provided in paragraph (a), (d), or |
| 23 | | (e), no minor
shall
be detained in a county jail or municipal |
| 24 | | lockup for more than 12 hours, unless
the offense is a crime of |
| 25 | | violence in which case the minor may be detained up
to 24 |
| 26 | | hours. For the purpose of this paragraph, "crime of violence" |
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| 1 | | has the
meaning
ascribed to it in Section 1-10 of the |
| 2 | | Alcoholism and Other Drug Abuse and
Dependency Act.
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| 3 | | (i) The
period of detention is deemed to have begun |
| 4 | | once the minor has been placed in a
locked room or cell or |
| 5 | | handcuffed to a stationary object in a building housing
a |
| 6 | | county jail or municipal lockup. Time spent transporting a |
| 7 | | minor is not
considered to be time in detention or secure |
| 8 | | custody.
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| 9 | | (ii) Any minor so
confined shall be under periodic |
| 10 | | supervision and shall not be permitted to come
into or |
| 11 | | remain in contact with adults in custody in the building.
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| 12 | | (iii) Upon
placement in secure custody in a jail or |
| 13 | | lockup, the
minor shall be informed of the purpose of the |
| 14 | | detention, the time it is
expected to last and the fact |
| 15 | | that it cannot exceed the time specified under
this Act.
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| 16 | | (iv) A log shall
be kept which shows the offense which |
| 17 | | is the basis for the detention, the
reasons and |
| 18 | | circumstances for the decision to detain and the length of |
| 19 | | time the
minor was in detention.
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| 20 | | (v) Violation of the time limit on detention
in a |
| 21 | | county jail or municipal lockup shall not, in and of |
| 22 | | itself, render
inadmissible evidence obtained as a result |
| 23 | | of the violation of this
time limit. Minors under 18 years |
| 24 | | of age shall be kept separate from confined
adults and may |
| 25 | | not at any time be kept in the same cell, room or yard with
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| 26 | | adults confined pursuant to criminal law. Persons 18 years |
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| 1 | | of age and older
who have a petition of delinquency filed |
| 2 | | against them may be
confined in an
adult detention |
| 3 | | facility.
In making a determination whether to confine a |
| 4 | | person 18 years of age or
older
who has a petition of |
| 5 | | delinquency filed against the person, these factors,
among |
| 6 | | other matters, shall be considered:
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| 7 | | (A) The age of the person;
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| 8 | | (B) Any previous delinquent or criminal history of |
| 9 | | the person;
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| 10 | | (C) Any previous abuse or neglect history of the |
| 11 | | person; and
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| 12 | | (D) Any mental health or educational history of the |
| 13 | | person, or both.
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| 14 | | (d) (i) If a minor 12 years of age or older is confined in a |
| 15 | | county jail
in a
county with a population below 3,000,000 |
| 16 | | inhabitants, then the minor's
confinement shall be implemented |
| 17 | | in such a manner that there will be no contact
by sight, sound |
| 18 | | or otherwise between the minor and adult prisoners. Minors
12 |
| 19 | | years of age or older must be kept separate from confined |
| 20 | | adults and may not
at any time
be kept in the same cell, room, |
| 21 | | or yard with confined adults. This paragraph
(d)(i) shall only |
| 22 | | apply to confinement pending an adjudicatory hearing and
shall |
| 23 | | not exceed 40 hours, excluding Saturdays, Sundays and court |
| 24 | | designated
holidays. To accept or hold minors during this time |
| 25 | | period, county jails shall
comply with all monitoring standards |
| 26 | | adopted by the Department of
Corrections and training standards |
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| 1 | | approved by the Illinois Law Enforcement
Training Standards |
| 2 | | Board.
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| 3 | | (ii) To accept or hold minors, 12 years of age or older, |
| 4 | | after the time
period
prescribed in paragraph (d)(i) of this |
| 5 | | subsection (2) of this Section but not
exceeding 7 days |
| 6 | | including Saturdays, Sundays and holidays pending an
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| 7 | | adjudicatory hearing, county jails shall comply with all |
| 8 | | temporary detention
standards adopted by the Department of |
| 9 | | Corrections and training standards
approved by the Illinois Law |
| 10 | | Enforcement Training Standards Board.
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| 11 | | (iii) To accept or hold minors 12 years of age or older, |
| 12 | | after the time
period prescribed in paragraphs (d)(i) and |
| 13 | | (d)(ii) of this subsection (2) of
this
Section, county jails |
| 14 | | shall comply with all county juvenile detention standards |
| 15 | | adopted by the Department of Juvenile Justice.
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| 16 | | (e) When a minor who is at least 15 years of age is |
| 17 | | prosecuted under the
criminal laws of this State,
the court may |
| 18 | | enter an order directing that the juvenile be confined
in the |
| 19 | | county jail. However, any juvenile confined in the county jail |
| 20 | | under
this provision shall be separated from adults who are |
| 21 | | confined in the county
jail in such a manner that there will be |
| 22 | | no contact by sight, sound or
otherwise between the juvenile |
| 23 | | and adult prisoners.
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| 24 | | (f) For purposes of appearing in a physical lineup, the |
| 25 | | minor may be taken
to a county jail or municipal lockup under |
| 26 | | the direct and constant supervision
of a juvenile police |
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| 1 | | officer. During such time as is necessary to conduct a
lineup, |
| 2 | | and while supervised by a juvenile police officer, the sight |
| 3 | | and sound
separation provisions shall not apply.
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| 4 | | (g) For purposes of processing a minor, the minor may be |
| 5 | | taken to a County
Jail or municipal lockup under the direct and |
| 6 | | constant supervision of a law
enforcement officer or |
| 7 | | correctional officer. During such time as is necessary
to |
| 8 | | process the minor, and while supervised by a law enforcement |
| 9 | | officer or
correctional officer, the sight and sound separation |
| 10 | | provisions shall not
apply.
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| 11 | | (3) If the probation officer or State's Attorney (or such |
| 12 | | other public
officer designated by the court in a county having |
| 13 | | 3,000,000 or more
inhabitants) determines that the minor may be |
| 14 | | a delinquent minor as described
in subsection (3) of Section |
| 15 | | 5-105, and should be retained in custody but does
not require
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| 16 | | physical restriction, the minor may be placed in non-secure |
| 17 | | custody for up to
40 hours pending a detention hearing.
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| 18 | | (4) Any minor taken into temporary custody, not requiring |
| 19 | | secure
detention, may, however, be detained in the home of his |
| 20 | | or her parent or
guardian subject to such conditions as the |
| 21 | | court may impose.
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| 22 | | (5) The changes made to this Section by Public Act 98-61 |
| 23 | | apply to a minor who has been arrested or taken into custody on |
| 24 | | or after January 1, 2014 (the effective date of Public Act |
| 25 | | 98-61). |
| 26 | | (Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, |