HB3607 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3607

 

Introduced 2/17/2023, 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 the offense of possession of burglary tools includes possessing a vehicle security circumvention device and not being a: (1) mechanic; (2) licensed new or used vehicle dealer; (3) licensed locksmith; (4) repossession agent; or (5) State or local law enforcement officer. Provides that a violation is a Class C misdemeanor. Provides that the offense of unlawful sale of burglary tools includes knowingly selling or transferring 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 is a petty offense. Defines "vehicle security circumvention device".


LRB103 27555 RLC 53930 b

 

 

A BILL FOR

 

HB3607LRB103 27555 RLC 53930 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 19-2 and 19-2.5 and by adding Section 2-23 as
6follows:
 
7    (720 ILCS 5/2-23 new)
8    Sec. 2-23. Vehicle security circumvention device. "Vehicle
9security circumvention device" means a device that is capable
10of obtaining, intercepting, or processing information from a
11motor vehicle keyless entry system that would allow entry into
12a motor vehicle or start a motor vehicle, without the owner's
13consent.
 
14    (720 ILCS 5/19-2)  (from Ch. 38, par. 19-2)
15    Sec. 19-2. Possession of burglary tools.
16    (a) A person commits possession of burglary tools when he
17or she possesses any key, tool, instrument, device, or any
18explosive, suitable for use in breaking into a building,
19housetrailer, watercraft, aircraft, motor vehicle, railroad
20car, or any depository designed for the safekeeping of
21property, or any part thereof, with intent to enter that place
22and with intent to commit therein a felony or theft. The trier

 

 

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1of fact may infer from the possession of a key designed for
2lock bumping an intent to commit a felony or theft; however,
3this inference does not apply to any peace officer or other
4employee of a law enforcement agency, or to any person or
5agency licensed under the Private Detective, Private Alarm,
6Private Security, Fingerprint Vendor, and Locksmith Act of
72004. For the purposes of this Section, "lock bumping" means a
8lock picking technique for opening a pin tumbler lock using a
9specially-crafted bumpkey.
10    (a-5) A person also commits possession of burglary tools
11when he or she, knowingly and with the intent to enter the
12motor vehicle and with the intent to commit therein a felony or
13theft, possesses a vehicle security circumvention device.
14device designed to:
15    (a-10) A person commits possession of burglary tools when
16he or she possesses a vehicle security circumvention device
17and that person is not a:
18        (1) mechanic;
19        (2) new vehicle dealer or used vehicle dealer licensed
20    under Section 5-101 or 5-102 of the Illinois Vehicle Code;
21        (3) locksmith licensed under the Private Detective,
22    Private Alarm, Private Security, Fingerprint Vendor, and
23    Locksmith Act of 2004;
24        (4) repossession agent; or
25        (5) State or local law enforcement officer.
26        (1) unlock or start a motor vehicle without the use or

 

 

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1    possession of the key to the motor vehicle; or
2        (2) capture or duplicate a signal from the key fob of a
3    motor vehicle to unlock or start the motor vehicle without
4    the use or possession of the key to the motor vehicle.
5    (b) Sentence. Possession of burglary tools in violation of
6subsection (a) or (a-5) is a Class 4 felony. Possession of
7burglary tools in violation of subsection (a-10) is a Class C
8misdemeanor.
9(Source: P.A. 102-903, eff. 1-1-23.)
 
10    (720 ILCS 5/19-2.5)
11    Sec. 19-2.5. Unlawful sale of burglary tools.
12    (a) For the purposes of this Section:
13        "Lock bumping" means a lock picking technique for
14    opening a pin tumbler lock using a specially-crafted
15    bumpkey.
16        "Motor vehicle" has the meaning ascribed to it in the
17    Illinois Vehicle Code.
18    (b) A person commits the offense of unlawful sale of
19burglary tools when he or she knowingly sells or transfers any
20key, including a key designed for lock bumping, or a lock pick
21specifically manufactured or altered for use in breaking into
22a building, housetrailer, watercraft, aircraft, motor vehicle,
23railroad car, or any depository designed for the safekeeping
24of property, or any part of that property.
25    (b-5) A person commits unlawful sale of burglary tools

 

 

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1when he or she knowingly sells or transfers a vehicle security
2circumvention device with knowledge that the device will be
3used by the person or another to commit a violation of law.
4    (c) This Section does not apply to the sale or transfer of
5any item described in subsection (b) to any peace officer or
6other employee of a law enforcement agency, or to any person or
7agency licensed as a locksmith under the Private Detective,
8Private Alarm, Private Security, Fingerprint Vendor, and
9Locksmith Act of 2004, or to any person engaged in the business
10of towing vehicles, or to any person engaged in the business of
11lawful repossession of property who possesses a valid
12Repossessor-ICC Authorization Card.
13    (c-5) Any seller of a vehicle security circumvention
14device in this State who reaches an agreement with a buyer for
15the purchase of the vehicle circumvention device shall conduct
16a criminal background check of the buyer before completing the
17purchase. A seller of a vehicle circumvention device who
18conducts a criminal background check under this Section shall
19not complete the purchase of the device if the background
20check reveals that the buyer has been convicted of a felony.
21    (d) Sentence. Unlawful sale of burglary tools under
22subsection (b) is a Class 4 felony. Unlawful sale of burglary
23tools under subsection (b-5) is a petty offense.
24(Source: P.A. 96-1307, eff. 1-1-11.)