HB1804 Enrolled LRB100 09059 SLF 19208 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Vehicle Code is amended by changing
5		Section 4-103 as follows:
6		(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
7		Sec. 4-103. Offenses relating to motor vehicles and other
8		vehicles - Felonies.
9		(a) Except as provided in subsection (a-1), it is a
10		violation of this Chapter for:
11		(1) A person not entitled to the possession of a
12		vehicle or essential part of a vehicle to receive, possess,
13		conceal, sell, dispose, or transfer it, knowing it to have
14		been stolen or converted. Knowledge that a vehicle or
15		essential part is stolen or converted may be inferred: (A)
16		from the surrounding facts and circumstances, which would
17		lead a reasonable person to believe that the vehicle or
18		essential part is stolen or converted; or (B) if the person
19		exercises exclusive unexplained possession over the stolen
20		or converted vehicle or essential part, regardless of
21		whether the date on which the vehicle or essential part was
22		stolen is recent or remote; additionally the General
23		Assembly finds that the acquisition and disposition of

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1		vehicles and their essential parts are strictly controlled
2		by law and that such acquisitions and dispositions are
3		reflected by documents of title, uniform invoices, rental
4		contracts, leasing agreements and bills of sale. It may be
5		inferred, therefore that a person exercising exclusive
6		unexplained possession over a stolen or converted vehicle
7		or an essential part of a stolen or converted vehicle has
8		knowledge that such vehicle or essential part is stolen or
9		converted, regardless of whether the date on which such
10		vehicle or essential part was stolen is recent or remote;
11		(2) A person to knowingly remove, alter, deface,
12		destroy, falsify, or forge a manufacturer's identification
13		number of a vehicle or an engine number of a motor vehicle
14		or any essential part thereof having an identification
15		number;
16		(3) A person to knowingly conceal or misrepresent the
17		identity of a vehicle or any essential part thereof;
18		(4) A person to buy, receive, possess, sell or dispose
19		of a vehicle, or any essential part thereof, with knowledge
20		that the identification number of the vehicle or any
21		essential part thereof having an identification number has
22		been removed or falsified;
23		(5) A person to knowingly possess, buy, sell, exchange,
24		give away, or offer to buy, sell, exchange or give away,
25		any manufacturer's identification number plate, mylar
26		sticker, federal certificate label, State police

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1		reassignment plate, Secretary of State assigned plate,
2		rosette rivet, or facsimile of such which has not yet been
3		attached to or has been removed from the original or
4		assigned vehicle. It is an affirmative defense to
5		subsection (a) of this Section that the person possessing,
6		buying, selling or exchanging a plate mylar sticker or
7		label described in this paragraph is a police officer doing
8		so as part of his official duties, or is a manufacturer's
9		authorized representative who is replacing any
10		manufacturer's identification number plate, mylar sticker
11		or Federal certificate label originally placed on the
12		vehicle by the manufacturer of the vehicle or any essential
13		part thereof;
14		(6) A person to knowingly make a false report of the
15		theft or conversion of a vehicle to any police officer of
16		this State or any employee of a law enforcement agency of
17		this State designated by the law enforcement agency to
18		take, receive, process, or record reports of vehicle theft
19		or conversion.
20		(a-1) A person engaged in the repair or servicing of
21		vehicles does not violate this Chapter by knowingly possessing
22		a manufacturer's identification number plate for the purpose of
23		reaffixing it on the same damaged vehicle from which it was
24		originally taken, if the person reaffixes or intends to reaffix
25		the original manufacturer's identification number plate in
26		place of the identification number plate affixed on a new

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1		dashboard that has been or will be installed in the vehicle.
2		The person must notify the Secretary of State each time the
3		original manufacturer's identification number plate is
4		reaffixed on a vehicle. The person must keep a record
5		indicating that the identification number plate affixed on the
6		new dashboard has been removed and has been replaced by the
7		manufacturer's identification number plate originally affixed
8		on the vehicle. The person also must keep a record regarding
9		the status and location of the identification number plate
10		removed from the replacement dashboard. The Secretary shall
11		adopt rules for implementing this subsection (a-1).
12		(a-2) The owner of a vehicle repaired under subsection
13		(a-1) must, within 90 days of the date of the repairs, contact
14		an officer of the Illinois State Police Vehicle Inspection
15		Bureau and arrange for an inspection of the vehicle, by the
16		officer or the officer's designee, at a mutually agreed upon
17		date and location.
18		(b) Sentence. A person convicted of a violation of this
19		Section shall be guilty of a Class 2 felony.
20		(c) The offenses set forth in subsection (a) of this
21		Section shall not include the offense set forth in Section
22		4-103.2 of this Code.
23		(Source: P.A. 93-456, eff. 8-8-03.)
24		Section 10. The Juvenile Court Act of 1987 is amended by
25		changing Section 5-410 as follows:

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1		(705 ILCS 405/5-410)
2		Sec. 5-410. Non-secure custody or detention.
3		(1) Any minor arrested or taken into custody pursuant to
4		this Act who requires care away from his or her home but who
5		does not require physical restriction shall be given temporary
6		care in a foster family home or other shelter facility
7		designated by the court.
8		(2) (a) Any minor 10 years of age or older arrested
9		pursuant to this Act where there is probable cause to believe
10		that the minor is a delinquent minor and that (i) secured
11		custody is a matter of immediate and urgent necessity for the
12		protection of the minor or of the person or property of
13		another, (ii) the minor is likely to flee the jurisdiction of
14		the court, or (iii) the minor was taken into custody under a
15		warrant, may be kept or detained in an authorized detention
16		facility. A minor under 13 years of age shall not be admitted,
17		kept, or detained in a detention facility unless a local youth
18		service provider, including a provider through the
19		Comprehensive Community Based Youth Services network, has been
20		contacted and has not been able to accept the minor. No minor
21		under 12 years of age shall be detained in a county jail or a
22		municipal lockup for more than 6 hours.
23		(a-5) For a minor arrested or taken into custody for
24		vehicular hijacking or aggravated vehicular hijacking, a
25		previous finding of delinquency for vehicular hijacking or

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1		aggravated vehicular hijacking shall be given greater weight in
2		determining whether secured custody of a minor is a matter of
3		immediate and urgent necessity for the protection of the minor
4		or of the person or property of another.
5		(b) The written authorization of the probation officer or
6		detention officer (or other public officer designated by the
7		court in a county having 3,000,000 or more inhabitants)
8		constitutes authority for the superintendent of any juvenile
9		detention home to detain and keep a minor for up to 40 hours,
10		excluding Saturdays, Sundays and court-designated holidays.
11		These records shall be available to the same persons and
12		pursuant to the same conditions as are law enforcement records
13		as provided in Section 5-905.
14		(b-4) The consultation required by subsection (b-5) shall
15		not be applicable if the probation officer or detention officer
16		(or other public officer designated by the court in a county
17		having 3,000,000 or more inhabitants) utilizes a scorable
18		detention screening instrument, which has been developed with
19		input by the State's Attorney, to determine whether a minor
20		should be detained, however, subsection (b-5) shall still be
21		applicable where no such screening instrument is used or where
22		the probation officer, detention officer (or other public
23		officer designated by the court in a county having 3,000,000 or
24		more inhabitants) deviates from the screening instrument.
25		(b-5) Subject to the provisions of subsection (b-4), if a
26		probation officer or detention officer (or other public officer

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1		designated by the court in a county having 3,000,000 or more
2		inhabitants) does not intend to detain a minor for an offense
3		which constitutes one of the following offenses he or she shall
4		consult with the State's Attorney's Office prior to the release
5		of the minor: first degree murder, second degree murder,
6		involuntary manslaughter, criminal sexual assault, aggravated
7		criminal sexual assault, aggravated battery with a firearm as
8		described in Section 12-4.2 or subdivision (e)(1), (e)(2),
9		(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
10		battery involving permanent disability or disfigurement or
11		great bodily harm, robbery, aggravated robbery, armed robbery,
12		vehicular hijacking, aggravated vehicular hijacking, vehicular
13		invasion, arson, aggravated arson, kidnapping, aggravated
14		kidnapping, home invasion, burglary, or residential burglary.
15		(c) Except as otherwise provided in paragraph (a), (d), or
16		(e), no minor shall be detained in a county jail or municipal
17		lockup for more than 12 hours, unless the offense is a crime of
18		violence in which case the minor may be detained up to 24
19		hours. For the purpose of this paragraph, "crime of violence"
20		has the meaning ascribed to it in Section 1-10 of the
21		Alcoholism and Other Drug Abuse and Dependency Act.
22		(i) The period of detention is deemed to have begun
23		once the minor has been placed in a locked room or cell or
24		handcuffed to a stationary object in a building housing a
25		county jail or municipal lockup. Time spent transporting a
26		minor is not considered to be time in detention or secure

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1		custody.
2		(ii) Any minor so confined shall be under periodic
3		supervision and shall not be permitted to come into or
4		remain in contact with adults in custody in the building.
5		(iii) Upon placement in secure custody in a jail or
6		lockup, the minor shall be informed of the purpose of the
7		detention, the time it is expected to last and the fact
8		that it cannot exceed the time specified under this Act.
9		(iv) A log shall be kept which shows the offense which
10		is the basis for the detention, the reasons and
11		circumstances for the decision to detain and the length of
12		time the minor was in detention.
13		(v) Violation of the time limit on detention in a
14		county jail or municipal lockup shall not, in and of
15		itself, render inadmissible evidence obtained as a result
16		of the violation of this time limit. Minors under 18 years
17		of age shall be kept separate from confined adults and may
18		not at any time be kept in the same cell, room or yard with
19		adults confined pursuant to criminal law. Persons 18 years
20		of age and older who have a petition of delinquency filed
21		against them may be confined in an adult detention
22		facility. In making a determination whether to confine a
23		person 18 years of age or older who has a petition of
24		delinquency filed against the person, these factors, among
25		other matters, shall be considered:
26		(A) The age of the person;

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1		(B) Any previous delinquent or criminal history of
2		the person;
3		(C) Any previous abuse or neglect history of the
4		person; and
5		(D) Any mental health or educational history of the
6		person, or both.
7		(d) (i) If a minor 12 years of age or older is confined in a
8		county jail in a county with a population below 3,000,000
9		inhabitants, then the minor's confinement shall be implemented
10		in such a manner that there will be no contact by sight, sound
11		or otherwise between the minor and adult prisoners. Minors 12
12		years of age or older must be kept separate from confined
13		adults and may not at any time be kept in the same cell, room,
14		or yard with confined adults. This paragraph (d)(i) shall only
15		apply to confinement pending an adjudicatory hearing and shall
16		not exceed 40 hours, excluding Saturdays, Sundays and court
17		designated holidays. To accept or hold minors during this time
18		period, county jails shall comply with all monitoring standards
19		adopted by the Department of Corrections and training standards
20		approved by the Illinois Law Enforcement Training Standards
21		Board.
22		(ii) To accept or hold minors, 12 years of age or older,
23		after the time period prescribed in paragraph (d)(i) of this
24		subsection (2) of this Section but not exceeding 7 days
25		including Saturdays, Sundays and holidays pending an
26		adjudicatory hearing, county jails shall comply with all

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1		temporary detention standards adopted by the Department of
2		Corrections and training standards approved by the Illinois Law
3		Enforcement Training Standards Board.
4		(iii) To accept or hold minors 12 years of age or older,
5		after the time period prescribed in paragraphs (d)(i) and
6		(d)(ii) of this subsection (2) of this Section, county jails
7		shall comply with all county juvenile detention standards
8		adopted by the Department of Juvenile Justice.
9		(e) When a minor who is at least 15 years of age is
10		prosecuted under the criminal laws of this State, the court may
11		enter an order directing that the juvenile be confined in the
12		county jail. However, any juvenile confined in the county jail
13		under this provision shall be separated from adults who are
14		confined in the county jail in such a manner that there will be
15		no contact by sight, sound or otherwise between the juvenile
16		and adult prisoners.
17		(f) For purposes of appearing in a physical lineup, the
18		minor may be taken to a county jail or municipal lockup under
19		the direct and constant supervision of a juvenile police
20		officer. During such time as is necessary to conduct a lineup,
21		and while supervised by a juvenile police officer, the sight
22		and sound separation provisions shall not apply.
23		(g) For purposes of processing a minor, the minor may be
24		taken to a County Jail or municipal lockup under the direct and
25		constant supervision of a law enforcement officer or
26		correctional officer. During such time as is necessary to

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1		process the minor, and while supervised by a law enforcement
2		officer or correctional officer, the sight and sound separation
3		provisions shall not apply.
4		(3) If the probation officer or State's Attorney (or such
5		other public officer designated by the court in a county having
6		3,000,000 or more inhabitants) determines that the minor may be
7		a delinquent minor as described in subsection (3) of Section
8		5-105, and should be retained in custody but does not require
9		physical restriction, the minor may be placed in non-secure
10		custody for up to 40 hours pending a detention hearing.
11		(4) Any minor taken into temporary custody, not requiring
12		secure detention, may, however, be detained in the home of his
13		or her parent or guardian subject to such conditions as the
14		court may impose.
15		(5) The changes made to this Section by Public Act 98-61
16		apply to a minor who has been arrested or taken into custody on
17		or after January 1, 2014 (the effective date of Public Act
18		98-61).
19		(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
20		eff. 7-16-14; 99-254, eff. 1-1-16.)