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| Public Act 096-0202 |
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AN ACT concerning vehicles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 12-612 as follows:
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(625 ILCS 5/12-612)
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Sec. 12-612. False or secret compartment in a motor | ||||
vehicle.
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(a) Offenses. It is unlawful for any person: | ||||
(1) to own or operate with criminal intent any motor
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vehicle he or
she knows to contain a false or secret | ||||
compartment that is used or has been used to conceal a | ||||
firearm as prohibited by paragraph (a)(4) of Section 24-1 | ||||
or paragraph (a)(1) of Section 24-1.6 of the Criminal Code | ||||
of 1961, or controlled substance as prohibited by the | ||||
Illinois Controlled Substances Act or the Methamphetamine | ||||
Control and Community Protection Act; or .
It is unlawful | ||||
for any person
to knowingly | ||||
(2) to install, create, build, or fabricate in any | ||||
motor vehicle a false
or secret compartment knowing that | ||||
another person intends to use the compartment to conceal a | ||||
firearm as prohibited by paragraph (a)(4) of Section 24-1 | ||||
of the Criminal Code of 1961, or controlled substance as | ||||
prohibited by the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act.
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(b) Definitions. For purposes of this Section: , a "false | ||
(1) "False or secret
compartment" means an enclosure | ||
integrated into a vehicle that is a modification of the | ||
vehicle as built by the original manufacturer. | ||
(2) "Vehicle" means any of the following vehicles | ||
without regard to whether the vehicles are private or | ||
commercial, including, but not limited to, cars, trucks, | ||
buses, aircraft, and watercraft any
enclosure that is | ||
intended and designed to be used
to conceal, hide, and | ||
prevent discovery by law enforcement
officers of the false | ||
or secret compartment, or its contents, and which is
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integrated into a vehicle.
For purpose of this Section,
a
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person's intention to use a false or secret compartment to | ||
conceal the
contents of the compartment from a law | ||
enforcement officer may be inferred from
factors | ||
including, but not limited to, the discovery of a person, | ||
firearm,
controlled substance, or other contraband within | ||
the false or secret
compartment, or from the discovery of | ||
evidence of the previous placement of a
person, firearm, | ||
controlled substance, or other contraband within the false | ||
or
secret compartment.
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(c) Forfeiture. Any motor vehicle containing a false or | ||
secret compartment used in violation of this Section,
as well | ||
as any items within that compartment, shall be subject to | ||
seizure by
the Department of State Police or by any municipal | ||
or other local law
enforcement agency within whose jurisdiction | ||
that property is found as provided
in Sections 36-1 and 36-2 of | ||
the Criminal Code of 1961 (720 ILCS 5/36-1 and
5/36-2). The | ||
removal of the false or secret compartment from the motor
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vehicle, or the promise to do so, shall not be the basis for a | ||
defense to
forfeiture of the motor vehicle under Section 36-2 | ||
of the Criminal Code of 1961
and shall not be the basis for the | ||
court to release the vehicle to the owner.
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(d) Sentence. A violation of this Section is a Class 4 | ||
felony. The sentence imposed for violation of this Section | ||
shall be served consecutively to any other sentence imposed in | ||
connection with the firearm, controlled substance, or other | ||
contraband concealed in the false or secret compartment. | ||
(e) For purposes of this Section, a new owner is not | ||
responsible for any conduct that occurred or knowledge of | ||
conduct that occurred prior to transfer of title.
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(Source: P.A. 93-276, eff. 1-1-04.)
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