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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Section 12-614 as follows:
 
6    (625 ILCS 5/12-614 new)
7    Sec. 12-614. Vehicle security circumvention device.
8    (a) For purposes of this Section, "vehicle security
9circumvention device" means a device that is capable of
10obtaining, intercepting, or processing information from a
11motor vehicle keyless entry system.
12    (b) No person may possess a vehicle security circumvention
13device if he or she has previously been convicted of a felony
14under Section 4-103. A person who commits a violation of this
15subsection is guilty of a Class A misdemeanor.
16    (c) No person may possess a vehicle security circumvention
17device in this State except for the following persons:
18        (1) a mechanic;
19        (2) a new vehicle dealer or used vehicle dealer
20    licensed under Section 5-101 or 5-102;
21        (3) a locksmith licensed under the Private Detective,
22    Private Alarm, Private Security, Fingerprint Vendor, and
23    Locksmith Act of 2004;

 

 

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1        (4) a repossession agent; or
2        (5) a State or local law enforcement officer.
3    A person who commits a violation of this subsection is
4guilty of a Class B misdemeanor.
5    (d) Any seller of a vehicle security circumvention device
6in this State who reaches an agreement with a buyer for the
7purchase of the vehicle security circumvention device shall
8conduct a criminal background check of the buyer before
9completing the sale. A seller of a vehicle security
10circumvention device who conducts a criminal background check
11under this Section shall not complete the sale of the vehicle
12security circumvention device if the background check reveals
13that the buyer has been convicted of a felony in this State or
14another jurisdiction. A seller who violates this subsection is
15guilty of a Class A misdemeanor.
16    (e) Any seller of a vehicle security circumvention device
17in this State who reaches an agreement with a buyer for the
18purchase of the vehicle security circumvention device shall
19confirm that the buyer may lawfully possess a vehicle security
20circumvention device pursuant to subsections (b) and (c) before
21completing the sale. A seller of a vehicle security
22circumvention device shall not complete the sale of the vehicle
23security circumvention device if the buyer is unable to confirm
24that the buyer may lawfully possess a vehicle security
25circumvention device pursuant to subsections (b) and (c). A
26seller who violates this subsection is guilty of a Class B

 

 

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1misdemeanor.