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| | HB4452 Engrossed | | LRB097 16480 MRW 61648 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Section 5-401.3 as follows:
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6 | | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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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 |
17 | | this State from another state, territory or country.
No scrap |
18 | | metal processor shall sell a vehicle or essential part, as |
19 | | such,
except for engines, transmissions, and powertrains, |
20 | | unless licensed to do so
under another provision of this Code. |
21 | | A scrap processor who is additionally
licensed as an automotive |
22 | | parts recycler shall not be subject to the record
keeping |
23 | | requirements for a scrap processor
when acting as an automotive |
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1 | | parts
recycler.
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2 | | (1) For a vehicle, junk vehicle, or vehicle cowl |
3 | | acquired from a person
who is licensed under this Chapter, |
4 | | the scrap processor shall record the
name and address of |
5 | | the person, and the Illinois or out-of-state dealer
license |
6 | | number of such person on the scrap processor's
weight |
7 | | ticket at the
time of the acquisition. The person disposing |
8 | | of the vehicle, junk vehicle,
or vehicle cowl shall furnish |
9 | | the scrap processor with documentary proof of
ownership of |
10 | | the vehicle, junk vehicle, or vehicle cowl in one of the
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11 | | following forms: a Certificate of Title, a Salvage |
12 | | Certificate, a Junking
Certificate, a Secretary of State |
13 | | Junking Manifest, a Uniform Invoice, a
Certificate of |
14 | | Purchase, or other similar documentary proof of ownership.
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15 | | The scrap processor shall not acquire a vehicle, junk |
16 | | vehicle or vehicle
cowl without obtaining one of the |
17 | | aforementioned documentary proofs of ownership.
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18 | | (2) For a vehicle, junk vehicle or vehicle cowl |
19 | | acquired from a person
who is not licensed under this |
20 | | Chapter, the scrap processor
shall verify
and record that |
21 | | person's identity by recording the identification of such
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22 | | person from at least 2 sources of identification, one of |
23 | | which shall be a
driver's license or State Identification |
24 | | Card, on the scrap processor's
weight ticket at the time of |
25 | | the acquisition. The person
disposing of the vehicle, junk |
26 | | vehicle, or vehicle cowl shall furnish the
scrap processor |
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1 | | with documentary proof of ownership of the vehicle, junk
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2 | | vehicle, or vehicle cowl in one of the following forms: a |
3 | | Certificate of
Title, a Salvage Certificate, a Junking |
4 | | Certificate, a Secretary of State
Junking Manifest, a |
5 | | Certificate of Purchase, or other similar documentary
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6 | | proof of ownership. The scrap processor shall not acquire a |
7 | | vehicle, junk
vehicle or vehicle cowl without obtaining one |
8 | | of the aforementioned
documentary proofs of ownership.
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9 | | (3) In addition to the other information required on |
10 | | the scrap processor's
weight ticket, a scrap processor who |
11 | | at the time of acquisition of a
vehicle, junk vehicle, or |
12 | | vehicle cowl is furnished a Certificate of Title,
Salvage |
13 | | Certificate or Certificate of Purchase shall record the |
14 | | Vehicle
Identification Number on the weight ticket or affix |
15 | | a copy of the
Certificate of Title, Salvage Certificate or |
16 | | Certificate of Purchase to the
weight ticket and the |
17 | | identification of the person acquiring the
information on |
18 | | the behalf of the scrap processor.
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19 | | (4) The scrap processor
shall maintain a copy of a Junk |
20 | | Vehicle
Notification relating to any Certificate
of Title, |
21 | | Salvage Certificate, Certificate of Purchase or similarly
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22 | | acceptable out-of-state document surrendered to the |
23 | | Secretary of State
pursuant to the provisions of Section |
24 | | 3-117.2 of this Code.
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25 | | (5) For recyclable metals valued at $100 or more, the |
26 | | scrap processor shall, for each transaction, record the |
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1 | | identity of the person from whom the recyclable metals were |
2 | | acquired by verifying the identification of that person |
3 | | from one source of identification, which shall be a valid |
4 | | driver's license or State Identification Card, on the scrap |
5 | | processor's weight ticket at the time of the acquisition |
6 | | and by making and recording a photocopy or electronic scan |
7 | | of the driver's license or State Identification Card. Such |
8 | | information shall be available for inspection by any law |
9 | | enforcement official. If the person delivering the |
10 | | recyclable metal does not have a valid driver's license or |
11 | | State Identification Card, the scrap processor shall not |
12 | | complete the transaction. The inspection of records |
13 | | pertaining only to recyclable metals shall not be counted |
14 | | as an inspection of a premises for purposes of subparagraph |
15 | | (7) of Section 5-403 of this Code.
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16 | | This subdivision (a)(5) does not apply to
electrical |
17 | | contractors, to agencies or instrumentalities of the State |
18 | | of
Illinois or of the United States, to common carriers, to |
19 | | purchases from
persons, firms, or corporations regularly |
20 | | engaged in the business of
manufacturing recyclable metal, |
21 | | in the business of selling recyclable metal at retail or
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22 | | wholesale, or in the business of razing, demolishing, |
23 | | destroying, or removing
buildings, to the purchase by one |
24 | | recyclable metal dealer from another, or the
purchase from |
25 | | persons, firms, or corporations engaged in either the
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26 | | generation, transmission, or distribution of electric |
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1 | | energy or in
telephone, telegraph, and other |
2 | | communications if such common carriers,
persons, firms, or |
3 | | corporations at the time of the purchase provide the |
4 | | recyclable metal
dealer with a bill of sale or other |
5 | | written evidence of title to the recyclable metal. This |
6 | | subdivision (a)(5) also does not apply to contractual |
7 | | arrangements between dealers.
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8 | | (b) Any licensee who knowingly fails to record any of the |
9 | | specific
information required to be recorded on the weight |
10 | | ticket required under any other subsection of this Section, or |
11 | | Section 5-401 of this Code, or who knowingly
fails to acquire |
12 | | and maintain for 3 years documentary proof of ownership in
one |
13 | | of the prescribed forms shall be guilty of a Class A |
14 | | misdemeanor and
subject to a fine not to exceed $1,000. Each |
15 | | violation shall constitute a
separate and distinct offense and |
16 | | a separate count may be brought in the
same complaint for each |
17 | | violation. Any licensee who commits a second
violation of this |
18 | | Section within two years of a previous conviction of a
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19 | | violation of this Section shall be guilty of a Class 4 felony.
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20 | | (c) It shall be an affirmative defense to an offense |
21 | | brought under
paragraph (b) of this Section that the licensee |
22 | | or person required to be
licensed both reasonably and in good |
23 | | faith relied on information appearing
on a Certificate of |
24 | | Title, a Salvage Certificate, a Junking Certificate, a
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25 | | Secretary of State Manifest, a Secretary of State's Uniform |
26 | | Invoice, a
Certificate of Purchase, or other documentary proof |
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1 | | of ownership prepared
under Section 3-117.1(a) of this Code, |
2 | | relating to the transaction for
which the required record was |
3 | | not kept which was supplied to the licensee
by another licensee |
4 | | or an out-of-state dealer.
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5 | | (d) No later than 15 days prior to going out of business, |
6 | | selling the
business, or transferring the ownership of the |
7 | | business, the scrap
processor shall notify the Secretary of |
8 | | that fact. Failure to so notify
the Secretary of State shall |
9 | | constitute a failure to keep
records under this Section.
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10 | | (e) Evidence derived directly or indirectly from the |
11 | | keeping of records
required to be kept under this Section shall |
12 | | not be admissible in a
prosecution of the licensee for an |
13 | | alleged violation of Section 4-102(a)(3) of this Code.
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14 | | (f) A scrap processor may not pay for the purchase of |
15 | | recyclable metal with cash if the purchase price for the |
16 | | recyclable metal is $100 or more. |
17 | | (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
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18 | | Section 10. The Criminal Code of 1961 is amended by adding |
19 | | Section 16-1.4 as follows:
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20 | | (720 ILCS 5/16-1.4 new) |
21 | | Sec. 16-1.4. Possession or transportation of stolen |
22 | | ferrous or nonferrous metal; property damage caused by |
23 | | obtaining ferrous or nonferrous metal; disruption of service. |
24 | | (a) Possession or transportation of stolen ferrous or |
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1 | | nonferrous metal. |
2 | | (1) A person commits possession or transportation of |
3 | | ferrous or nonferrous metal when he or she possesses, |
4 | | possesses in a vehicle, or transports in a vehicle stolen |
5 | | ferrous or nonferrous metal, including but not limited to |
6 | | copper, HVAC (heating, ventilation, air-conditioning) |
7 | | components, and catalytic converters. |
8 | | (2) A person commits possession or transportation of |
9 | | ferrous or nonferrous metal when he or she: |
10 | | (A) transports in a vehicle ferrous or nonferrous |
11 | | metal that the person knows or reasonably should know |
12 | | is stolen; |
13 | | (B) possesses in a vehicle on the highways of this |
14 | | State ferrous or nonferrous metal that the person knows |
15 | | or reasonably should know is stolen; |
16 | | (C) operates a vehicle used in the ordinary course |
17 | | of business to transport ferrous or nonferrous metal |
18 | | that the person knows or reasonably should know is |
19 | | stolen; |
20 | | (D) presents a valid or falsified permit to |
21 | | transport and sell ferrous or nonferrous metal that the |
22 | | person knows or reasonably should know is stolen; or |
23 | | (E) presents a valid or falsified bill of sale for |
24 | | ferrous or nonferrous metal that the person knows or |
25 | | reasonably should know is stolen. |
26 | | (b) Property damage caused by obtaining ferrous or |
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1 | | nonferrous metal. A person commits property damage caused by |
2 | | obtaining ferrous or nonferrous metal when he or she knowingly |
3 | | cuts, mutilates, defaces, or otherwise injures any personal or |
4 | | real property, including any fixtures or improvements, for the |
5 | | purpose of obtaining ferrous or nonferrous metal in any amount. |
6 | | (c) Disruption of service. A person commits disruption of |
7 | | service when he or she during the commission of the offense of |
8 | | possession or transportation of stolen ferrous or nonferrous |
9 | | metal or the offense of property damage caused by obtaining |
10 | | ferrous or nonferrous metal, he or she causes a disruption of |
11 | | communication or electrical service to critical infrastructure |
12 | | or to more than 10 customers of the communication or electrical |
13 | | service. |
14 | | (d) Exemption from civil liability. |
15 | | (1) A public or private owner of personal or real |
16 | | property is not civilly liable to a person who is injured |
17 | | during the commission or attempted commission of an offense |
18 | | under this Section, by the person or a third party. |
19 | | (2) A public or private owner of personal or real |
20 | | property is not civilly liable for an injury to a person |
21 | | caused by a dangerous condition of the personal property or |
22 | | on the real property created as a result of the commission |
23 | | or attempted commission of an offense under this Section by |
24 | | the person or a third party, unless the owner of the |
25 | | personal or real property knew or reasonably should have |
26 | | known of the dangerous condition. |
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1 | | (3) This subsection does not create or impose a duty of |
2 | | care or basis of liability upon an owner of personal or |
3 | | real property that would not otherwise exist under common |
4 | | law or statute. |
5 | | (e) Sentence. |
6 | | (1) Except as provided in paragraphs (6) and (7) of |
7 | | this subsection, a violation of paragraph (a)(1) when the |
8 | | value of the stolen material is $50 or less is: |
9 | | (A) a Class C misdemeanor for a first offense; |
10 | | (B) a Class A misdemeanor for a second offense; and |
11 | | (C) a Class 4 felony for a third or subsequent |
12 | | offense. |
13 | | (2) Except as provided in paragraphs (6) and (7) of |
14 | | this subsection, a violation of paragraph (a)(1) when the |
15 | | value of the stolen material is more than $50 is: |
16 | | (A) a Class A misdemeanor for a first offense; |
17 | | (B) a Class 4 felony for a second offense; and |
18 | | (C) a Class 3 felony for a third or subsequent |
19 | | offense. |
20 | | (3) Except as provided in paragraphs (6) and (7) of |
21 | | this subsection, a violation of paragraph (a)(2) is a Class |
22 | | 2 felony. |
23 | | (4) Except as provided in paragraphs (6) and (7) of |
24 | | this subsection, a violation of subsection (b) is: |
25 | | (A) a Class 4 felony, if the direct injury to the |
26 | | property, the amount of loss in value to the property, |
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1 | | the amount of repairs necessary to return the property |
2 | | to its condition before the act, or the property loss, |
3 | | including fixtures or improvements, is less than |
4 | | $5,000; and |
5 | | (B) a Class 3 felony, if the direct injury to the |
6 | | property, the amount of loss in value to the property, |
7 | | the amount of repairs necessary to return the property |
8 | | to its condition before the act, or the property loss, |
9 | | including fixtures or improvements, is $5,000 or more. |
10 | | (5) Except as provided in paragraphs (6) and (7) of |
11 | | this subsection, a violation of subsection (c) is a Class A |
12 | | misdemeanor. |
13 | | (6) A violation of this Section which results in great |
14 | | bodily harm, permanent disability, disfigurement, or a |
15 | | substantial risk of death to another person is a Class 1 |
16 | | felony. |
17 | | (7) A violation of this Section which results in the |
18 | | death of another person is a Class X felony.
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