HB5545 100TH GENERAL ASSEMBLY

LRB100 17773 SLF 32951 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5545

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

720 ILCS 5/2-23 new
720 ILCS 5/19-2	from Ch. 38, par. 19-2
720 ILCS 5/19-2.5

Amends the Criminal Code of 2012. Provides that "device" for purposes of possession of burglary tools includes a vehicle security circumvention device. Provides that a person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers a vehicle security circumvention device with knowledge that the device will be used by the person or another to commit a violation of law. Provides that a violation of this offense is a Class A misdemeanor. Defines "vehicle security circumvention device" as a device that is capable of obtaining, intercepting, or processing information from a motor vehicle keyless entry system with the knowledge that the use of the device will be used to gain entry into a motor vehicle without the owner's consent.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 19-2 and 19-2.5 and by adding Section 2-23 as follows:

(720 ILCS 5/2-23 new)

Sec. 2-23. Vehicle security circumvention device.

"Vehicle security circumvention device" means a device that is capable of obtaining, intercepting, or processing information from a motor vehicle keyless entry system with the knowledge that the use of the device will be used to gain entry into a motor vehicle without the owner's consent.

(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)

Sec. 19-2. Possession of burglary tools.

(a) A person commits possession of burglary tools when he or she possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter that place and with intent to commit therein a felony or theft. The trier of fact may infer from the possession of a key designed for lock bumping an intent to commit a felony or theft; however, this inference does not apply to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. For the purposes of this Section, "lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey.

(a-5) In this Section, "device" includes a vehicle security circumvention device.

(b) Sentence.

Possession of burglary tools is a Class 4 felony.

(Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/19-2.5)

Sec. 19-2.5. Unlawful sale of burglary tools.

(a) For the purposes of this Section:

"Lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially-crafted bumpkey.

"Motor vehicle" has the meaning ascribed to it in the Illinois Vehicle Code.

(b) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part of that property.

(b-5) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers a vehicle security circumvention device with knowledge that the device will be used by the person or another to commit a violation of law.

(c) This Section does not apply to the sale or transfer of any item described in subsection (b) or (b-5) to any peace officer or other employee of a law enforcement agency, or to any person or agency licensed as a locksmith under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, or to any person engaged in the business of towing vehicles, or to any person engaged in the business of lawful repossession of property who possesses a valid Repossessor-ICC Authorization Card.

(d) Sentence. Unlawful sale of burglary tools under subsection (b) of this Section is a Class 4 felony. Unlawful sale of burglary tools under subsection (b-5) of this Section is a Class A misdemeanor.

(Source: P.A. 96-1307, eff. 1-1-11.)