Bill Text: IL HB4452 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961. Creates the offense of possession or transportation of stolen ferrous or nonferrous metal, including but not limited to copper, HVAC components, and catalytic converters. Provides penalties from a Class C misdemeanor to a Class 2 felony. Makes it unlawful to cut, mutilate, deface, or otherwise injure personal or real property for the purpose of obtaining ferrous or nonferrous metal. Provides penalties of a Class 4 or Class 3 felony depending on the value of the property damage involved. A violation that results in disruption of communication or electrical service to critical infrastructure or for more than 10 customers of the service is a Class A misdemeanor. A violation of any provision that results in great bodily harm, permanent disability, disfigurement, or substantial risk of death to another is a Class 1 felony. A violation of any provision that results the death of another is a Class X felony. Provides exemption from civil liability for public or private owners to a person injured during or by a dangerous condition created in an offense or an attempted offense under this Section.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4452 Detail]
Download: Illinois-2011-HB4452-Amended.html
Bill Title: Amends the Criminal Code of 1961. Creates the offense of possession or transportation of stolen ferrous or nonferrous metal, including but not limited to copper, HVAC components, and catalytic converters. Provides penalties from a Class C misdemeanor to a Class 2 felony. Makes it unlawful to cut, mutilate, deface, or otherwise injure personal or real property for the purpose of obtaining ferrous or nonferrous metal. Provides penalties of a Class 4 or Class 3 felony depending on the value of the property damage involved. A violation that results in disruption of communication or electrical service to critical infrastructure or for more than 10 customers of the service is a Class A misdemeanor. A violation of any provision that results in great bodily harm, permanent disability, disfigurement, or substantial risk of death to another is a Class 1 felony. A violation of any provision that results the death of another is a Class X felony. Provides exemption from civil liability for public or private owners to a person injured during or by a dangerous condition created in an offense or an attempted offense under this Section.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4452 Detail]
Download: Illinois-2011-HB4452-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4452
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4452 by inserting | ||||||
3 | after the enacting clause the following:
| ||||||
4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 5-401.3 as follows:
| ||||||
6 | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
| ||||||
7 | Sec. 5-401.3. Scrap processors required to keep records ; | ||||||
8 | payment method for recyclable metal . | ||||||
9 | (a) Every person licensed or required to be licensed as a | ||||||
10 | scrap processor
pursuant to Section 5-301 of this Chapter shall | ||||||
11 | maintain for 3 years, at
his established place of business, the | ||||||
12 | following records relating to the
acquisition of recyclable | ||||||
13 | metals or the acquisition of a vehicle, junk vehicle, or | ||||||
14 | vehicle cowl which has been
acquired for the purpose of | ||||||
15 | processing into a form other than a vehicle,
junk vehicle or | ||||||
16 | vehicle cowl which is possessed in the State or brought
into |
| |||||||
| |||||||
1 | this State from another state, territory or country.
No scrap | ||||||
2 | metal processor shall sell a vehicle or essential part, as | ||||||
3 | such,
except for engines, transmissions, and powertrains, | ||||||
4 | unless licensed to do so
under another provision of this Code. | ||||||
5 | A scrap processor who is additionally
licensed as an automotive | ||||||
6 | parts recycler shall not be subject to the record
keeping | ||||||
7 | requirements for a scrap processor
when acting as an automotive | ||||||
8 | parts
recycler.
| ||||||
9 | (1) For a vehicle, junk vehicle, or vehicle cowl | ||||||
10 | acquired from a person
who is licensed under this Chapter, | ||||||
11 | the scrap processor shall record the
name and address of | ||||||
12 | the person, and the Illinois or out-of-state dealer
license | ||||||
13 | number of such person on the scrap processor's
weight | ||||||
14 | ticket at the
time of the acquisition. The person disposing | ||||||
15 | of the vehicle, junk vehicle,
or vehicle cowl shall furnish | ||||||
16 | the scrap processor with documentary proof of
ownership of | ||||||
17 | the vehicle, junk vehicle, or vehicle cowl in one of the
| ||||||
18 | following forms: a Certificate of Title, a Salvage | ||||||
19 | Certificate, a Junking
Certificate, a Secretary of State | ||||||
20 | Junking Manifest, a Uniform Invoice, a
Certificate of | ||||||
21 | Purchase, or other similar documentary proof of ownership.
| ||||||
22 | The scrap processor shall not acquire a vehicle, junk | ||||||
23 | vehicle or vehicle
cowl without obtaining one of the | ||||||
24 | aforementioned documentary proofs of ownership.
| ||||||
25 | (2) For a vehicle, junk vehicle or vehicle cowl | ||||||
26 | acquired from a person
who is not licensed under this |
| |||||||
| |||||||
1 | Chapter, the scrap processor
shall verify
and record that | ||||||
2 | person's identity by recording the identification of such
| ||||||
3 | person from at least 2 sources of identification, one of | ||||||
4 | which shall be a
driver's license or State Identification | ||||||
5 | Card, on the scrap processor's
weight ticket at the time of | ||||||
6 | the acquisition. The person
disposing of the vehicle, junk | ||||||
7 | vehicle, or vehicle cowl shall furnish the
scrap processor | ||||||
8 | with documentary proof of ownership of the vehicle, junk
| ||||||
9 | vehicle, or vehicle cowl in one of the following forms: a | ||||||
10 | Certificate of
Title, a Salvage Certificate, a Junking | ||||||
11 | Certificate, a Secretary of State
Junking Manifest, a | ||||||
12 | Certificate of Purchase, or other similar documentary
| ||||||
13 | proof of ownership. The scrap processor shall not acquire a | ||||||
14 | vehicle, junk
vehicle or vehicle cowl without obtaining one | ||||||
15 | of the aforementioned
documentary proofs of ownership.
| ||||||
16 | (3) In addition to the other information required on | ||||||
17 | the scrap processor's
weight ticket, a scrap processor who | ||||||
18 | at the time of acquisition of a
vehicle, junk vehicle, or | ||||||
19 | vehicle cowl is furnished a Certificate of Title,
Salvage | ||||||
20 | Certificate or Certificate of Purchase shall record the | ||||||
21 | Vehicle
Identification Number on the weight ticket or affix | ||||||
22 | a copy of the
Certificate of Title, Salvage Certificate or | ||||||
23 | Certificate of Purchase to the
weight ticket and the | ||||||
24 | identification of the person acquiring the
information on | ||||||
25 | the behalf of the scrap processor.
| ||||||
26 | (4) The scrap processor
shall maintain a copy of a Junk |
| |||||||
| |||||||
1 | Vehicle
Notification relating to any Certificate
of Title, | ||||||
2 | Salvage Certificate, Certificate of Purchase or similarly
| ||||||
3 | acceptable out-of-state document surrendered to the | ||||||
4 | Secretary of State
pursuant to the provisions of Section | ||||||
5 | 3-117.2 of this Code.
| ||||||
6 | (5) For recyclable metals valued at $100 or more, the | ||||||
7 | scrap processor shall, for each transaction, record the | ||||||
8 | identity of the person from whom the recyclable metals were | ||||||
9 | acquired by verifying the identification of that person | ||||||
10 | from one source of identification, which shall be a valid | ||||||
11 | driver's license or State Identification Card, on the scrap | ||||||
12 | processor's weight ticket at the time of the acquisition | ||||||
13 | and by making and recording a photocopy or electronic scan | ||||||
14 | of the driver's license or State Identification Card. Such | ||||||
15 | information shall be available for inspection by any law | ||||||
16 | enforcement official. If the person delivering the | ||||||
17 | recyclable metal does not have a valid driver's license or | ||||||
18 | State Identification Card, the scrap processor shall not | ||||||
19 | complete the transaction. The inspection of records | ||||||
20 | pertaining only to recyclable metals shall not be counted | ||||||
21 | as an inspection of a premises for purposes of subparagraph | ||||||
22 | (7) of Section 5-403 of this Code.
| ||||||
23 | This subdivision (a)(5) does not apply to
electrical | ||||||
24 | contractors, to agencies or instrumentalities of the State | ||||||
25 | of
Illinois or of the United States, to common carriers, to | ||||||
26 | purchases from
persons, firms, or corporations regularly |
| |||||||
| |||||||
1 | engaged in the business of
manufacturing recyclable metal, | ||||||
2 | in the business of selling recyclable metal at retail or
| ||||||
3 | wholesale, or in the business of razing, demolishing, | ||||||
4 | destroying, or removing
buildings, to the purchase by one | ||||||
5 | recyclable metal dealer from another, or the
purchase from | ||||||
6 | persons, firms, or corporations engaged in either the
| ||||||
7 | generation, transmission, or distribution of electric | ||||||
8 | energy or in
telephone, telegraph, and other | ||||||
9 | communications if such common carriers,
persons, firms, or | ||||||
10 | corporations at the time of the purchase provide the | ||||||
11 | recyclable metal
dealer with a bill of sale or other | ||||||
12 | written evidence of title to the recyclable metal. This | ||||||
13 | subdivision (a)(5) also does not apply to contractual | ||||||
14 | arrangements between dealers.
| ||||||
15 | (b) Any licensee who knowingly fails to record any of the | ||||||
16 | specific
information required to be recorded on the weight | ||||||
17 | ticket required under any other subsection of this Section, or | ||||||
18 | Section 5-401 of this Code, or who knowingly
fails to acquire | ||||||
19 | and maintain for 3 years documentary proof of ownership in
one | ||||||
20 | of the prescribed forms shall be guilty of a Class A | ||||||
21 | misdemeanor and
subject to a fine not to exceed $1,000. Each | ||||||
22 | violation shall constitute a
separate and distinct offense and | ||||||
23 | a separate count may be brought in the
same complaint for each | ||||||
24 | violation. Any licensee who commits a second
violation of this | ||||||
25 | Section within two years of a previous conviction of a
| ||||||
26 | violation of this Section shall be guilty of a Class 4 felony.
|
| |||||||
| |||||||
1 | (c) It shall be an affirmative defense to an offense | ||||||
2 | brought under
paragraph (b) of this Section that the licensee | ||||||
3 | or person required to be
licensed both reasonably and in good | ||||||
4 | faith relied on information appearing
on a Certificate of | ||||||
5 | Title, a Salvage Certificate, a Junking Certificate, a
| ||||||
6 | Secretary of State Manifest, a Secretary of State's Uniform | ||||||
7 | Invoice, a
Certificate of Purchase, or other documentary proof | ||||||
8 | of ownership prepared
under Section 3-117.1(a) of this Code, | ||||||
9 | relating to the transaction for
which the required record was | ||||||
10 | not kept which was supplied to the licensee
by another licensee | ||||||
11 | or an out-of-state dealer.
| ||||||
12 | (d) No later than 15 days prior to going out of business, | ||||||
13 | selling the
business, or transferring the ownership of the | ||||||
14 | business, the scrap
processor shall notify the Secretary of | ||||||
15 | that fact. Failure to so notify
the Secretary of State shall | ||||||
16 | constitute a failure to keep
records under this Section.
| ||||||
17 | (e) Evidence derived directly or indirectly from the | ||||||
18 | keeping of records
required to be kept under this Section shall | ||||||
19 | not be admissible in a
prosecution of the licensee for an | ||||||
20 | alleged violation of Section 4-102(a)(3) of this Code.
| ||||||
21 | (f) A scrap processor may not pay for the purchase of | ||||||
22 | recyclable metal with cash if the purchase price for the | ||||||
23 | recyclable metal is $100 or more. | ||||||
24 | (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)"; and
| ||||||
25 | on page 1, line 4, by changing "Section 5" to "Section 10".
|