Bill Text: IL HB5545 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5545 Detail]

Download: Illinois-2017-HB5545-Introduced.html

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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.
LRB100 17773 SLF 32951 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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

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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

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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.)