Sen. Antonio Munoz

Filed: 5/13/2008

 

 


 

 


 
09500SB2720sam001 LRB095 05884 RLC 50744 a

1
AMENDMENT TO SENATE BILL 2720

2     AMENDMENT NO. ______. Amend Senate Bill 2720 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Section 12-612 as follows:
 
6     (625 ILCS 5/12-612)
7     Sec. 12-612. False or secret compartment in a motor
8 vehicle.
9     (a) Offenses. It is unlawful for any person:
10         (1) to own or operate any motor vehicle he or she knows
11     to contain a false or secret compartment that is used or
12     has been used to conceal a firearm as prohibited by
13     paragraph (a)(4) of Section 24-1 of the Criminal Code of
14     1961, or controlled substance as prohibited by the Illinois
15     Controlled Substances Act or the Methamphetamine Control
16     and Community Protection Act; or . It is unlawful for any

 

 

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1     person to knowingly
2         (2) to install, create, build, or fabricate in any
3     motor vehicle a false or secret compartment knowing that
4     another person intends to use the compartment to conceal a
5     firearm as prohibited by paragraph (a)(4) of Section 24-1
6     of the Criminal Code of 1961, or controlled substance as
7     prohibited by the Illinois Controlled Substances Act or the
8     Methamphetamine Control and Community Protection Act.
9     (b) Definitions. For purposes of this Section: , a "false
10         (1) "False or secret compartment" means an enclosure
11     integrated into a vehicle that is a modification of the
12     vehicle as built by the original manufacturer.
13         (2) "Vehicle" means any of the following vehicles
14     without regard to whether the vehicles are private or
15     commercial, including, but not limited to, cars, trucks,
16     buses, aircraft, and watercraft any enclosure that is
17     intended and designed to be used to conceal, hide, and
18     prevent discovery by law enforcement officers of the false
19     or secret compartment, or its contents, and which is
20     integrated into a vehicle. For purpose of this Section, a
21     person's intention to use a false or secret compartment to
22     conceal the contents of the compartment from a law
23     enforcement officer may be inferred from factors
24     including, but not limited to, the discovery of a person,
25     firearm, controlled substance, or other contraband within
26     the false or secret compartment, or from the discovery of

 

 

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1     evidence of the previous placement of a person, firearm,
2     controlled substance, or other contraband within the false
3     or secret compartment.
4     (c) Forfeiture. Any motor vehicle containing a false or
5 secret compartment, as well as any items within that
6 compartment, shall be subject to seizure by the Department of
7 State Police or by any municipal or other local law enforcement
8 agency within whose jurisdiction that property is found as
9 provided in Sections 36-1 and 36-2 of the Criminal Code of 1961
10 (720 ILCS 5/36-1 and 5/36-2). The removal of the false or
11 secret compartment from the motor vehicle, or the promise to do
12 so, shall not be the basis for a defense to forfeiture of the
13 motor vehicle under Section 36-2 of the Criminal Code of 1961
14 and shall not be the basis for the court to release the vehicle
15 to the owner.
16     (d) Sentence. A violation of this Section is a Class 4
17 felony. The sentence imposed for violation of this Section
18 shall be served consecutively to any other sentence imposed in
19 connection with the firearm, controlled substance, or other
20 contraband concealed in the false or secret compartment.
21     (e) For purposes of this Section, a new owner is not
22 responsible for any conduct that occurred or knowledge of
23 conduct that occurred prior to transfer of title.
24 (Source: P.A. 93-276, eff. 1-1-04.)".