Capitol Fax.com - Your Illinois News Radar » Legislators begin to focus on carjackings
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Legislators begin to focus on carjackings

Tuesday, Feb 13, 2018

* Is a legislative crackdown on carjackings coming?

In Illinois, motor vehicle theft is classified as a Class 2 felony, which carries a sentence of between three and seven years. But under the state’s current law, a person in possession of a stolen vehicle has to know it has “been stolen or converted” to be charged with felony possession of a stolen motor vehicle.

That knowledge, Emanuel’s office and police brass say, can be difficult to prove because those caught with vehicles that have been carjacked often claim they didn’t know it was stolen. The result often is a reduced misdemeanor charge of trespassing.

Unlike the felony charge, which can require the offender to post bail and carries the likelihood of state prison time, a misdemeanor typically results in probation and an immediate release from jail, said Walter Katz, Emanuel’s deputy chief of staff for public safety.

A new bill filed late Friday would remove the requirement that a person in possession of a stolen vehicle has to know it is stolen and instead set the bar at whether the individual possesses the vehicle without the consent of the owner or “exercises exclusive unexplained possession” of a vehicle.

The bill is here.

* More from ABC 7

“The change will shift the standard to whether the rightful owner of the vehicle provided consent to the individual caught driving reported stolen vehicle,” said State Sen. Tony Munoz (D-Chicago).

According to data from the city, since January 2017 there have been 4,240 vehicle thefts in Chicago. Of those, 3,139, or 74 percent, were misdemeanor trespassing while 879, or only 21 percent, were charged as felony possession of a stolen motor vehicle. The remaining charges fell into other categories.

“I had a resident before she even had a chance to turn off her car and put it in park, she already had a gun to her head,” said State Rep. Jaime Andrade (D-Chicago).

* WGN TV

To underscore the inadequacy of the current law, Emanuel cited one case earlier this month when a teenager attempted to carjack a retired cop, was arrested, and released, before being arrested again less than 48 hours later — for carjacking.

“You would think that currently the criminals had an advocate or a lobbyist writing the law for them,” Rep. Andrade said.

* But changing the armed juvenile carjacking statute has a different set of legal issues

Dozens of juveniles were charged last year in Chicago for allegedly pointing guns at motorists and stealing their cars, but most were not detained longer than 24 hours, according to court records obtained by the Sun-Times.

Armed carjackings have become a major political problem for Mayor Rahm Emanuel. Almost every part of the city has been plagued by the brazen holdups. There were almost 1,000 of them last year, compared with 663 in 2016. […]

Chicago Police data show juveniles are contributing to the rise of armed carjackings: 42 juveniles were arrested for that offense last year through Dec. 16, compared with 31 adults. […]

[Sen. Bill Cunningham] said one possibility is for the legislature to change the burden of proof for juveniles charged with aggravated carjacking. The legal presumption in those cases is that the defendants should not be detained unless the prosecutor can show why, Cunningham said. He said he’s examining whether defendants should be detained unless their defense attorneys can show why not.

Thoughts?

- Posted by Rich Miller        

20 Comments
  1. - Chris Widger - Tuesday, Feb 13, 18 @ 1:27 pm:

    Changing the law won’t affect very much as long as the prosecutors and judges have an attitude that these crimes aren’t worth chasing down. We have elections for them, and again, people get the government they deserve. I suppose I oppose changing the law; it’s reasonable to have a knowledge requirement in the law, and we shouldn’t need legislative malarkey to get prosecutors to act the way we want them to.


  2. - Perrid - Tuesday, Feb 13, 18 @ 1:27 pm:

    Tightening the requirements is probably a good idea. Yeah it’s possible that your friend lent you a car that he had stolen and you did not know was stolen, in which case you are SOL, but that’s just not that likely.


  3. - Chris Widger - Tuesday, Feb 13, 18 @ 1:29 pm:

    “Exclusive unexplained possession” also sounds like it may not survive a vagueness challenge. We have a notion of crime in this country as something that must be proven by the government, not explained away by the defendant.


  4. - Blue dog dem - Tuesday, Feb 13, 18 @ 1:29 pm:

    Twenty five years. No parole.


  5. - Lucky Charms - Tuesday, Feb 13, 18 @ 1:35 pm:

    =Twenty five years. No parole.=
    Unbelievably inhumane


  6. - stlboy - Tuesday, Feb 13, 18 @ 1:38 pm:

    “Unbelievably inhumane”
    Even if a gun was used?


  7. - JoanP - Tuesday, Feb 13, 18 @ 1:40 pm:

    Nope. Criminal laws should always have a mental state, intent, knowledge, etc. It’s ridiculous.


  8. - Retired - Tuesday, Feb 13, 18 @ 1:49 pm:

    All accused of carjacking should be tried as adults with no exceptions. If a gun is used, minimum sentence should be 25 years and no parole.


  9. - supplied_demand - Tuesday, Feb 13, 18 @ 2:03 pm:

    ==We have a notion of crime in this country as something that must be proven by the government, not explained away by the defendant. ==

    That old “innocent until proven guilty” chestnut, such a pain. Clearly, there is an existing loophole, closing it will produce positive results. Unabashed cynicism certainly won’t help solve the problem.


  10. - Swift - Tuesday, Feb 13, 18 @ 2:07 pm:

    ==”You would think criminals had an advocate or a lobbyist writing the law for them”== great quote there, almost Rauneresque.

    On the plus side, CPS seems to be getting across probability to juvenile criminals, 73 arrests for almost 1,000 carjackings, 93% chance of not getting arrested, not bad odds.


  11. - Amalia - Tuesday, Feb 13, 18 @ 2:11 pm:

    as long as you let the juveniles go home (Toni take note), you will have this problem. changing the law is a small part of the answer. there must be consequences. this is a Cook County problem.


  12. - Northern pike - Tuesday, Feb 13, 18 @ 2:12 pm:

    If these are carjackings then they should be prosecuted under robbery. Not possession of a stolen car.


  13. - FTR - Tuesday, Feb 13, 18 @ 2:17 pm:

    == Emanuel cited one case earlier this month when a teenager attempted to carjack a retired cop, was arrested, and released, before being arrested again less than 48 hours later — for carjacking. ==

    But Rahm’s proposed bill will do next nothing to address that example. That kid wasn’t immediately released because it’s hard to prove auto theft cases at trial. He got out because juvenile carjackers no longer go to “adult” court. They stay in the juvenile system, where judges have essentially stopped detaining offenders in the Juvy Home while their cases are pending — even for gun crimes.

    We should either go back to trying juvenile carjackers as adults like we used to, or require they’re held at least temporarily in Juvy upon arrest.


  14. - IRLJ - Tuesday, Feb 13, 18 @ 2:17 pm:

    Don’t confuse carjacking, which is a violent crime and should be dealt with as such, with car theft, which is larcenous, serious but not violent.
    What is true for both, is that without requiring criminal intent, innocent people can go to jail.


  15. - AndyIllini - Tuesday, Feb 13, 18 @ 2:23 pm:

    Northern Pike, I think the point is that under current law, possessing a stolen car isn’t considered proof that you stole it.

    Like I steal your car, cops identify it, pull me over. I’m driving it. They ask me why I’m driving a stolen car, I shrug my shoulders. They don’t have a video of me stealing it, no one saw me do it. My fingerprints are all over it, but again, I’m driving it so of course they would be. So how do you know I stole it? So instead they charge me with trespassing since I wasn’t supposed to be in your car. So it’s not that I can’t be charged with stealing it, it’s that there’s no proof I stole it, other than that I was driving it when they found it, which under current law isn’t enough. I think that’s the issue here.


  16. - Steve - Tuesday, Feb 13, 18 @ 2:38 pm:

    Anyone charged with car jacking shouldn’t be allowed bail . Period…


  17. - Rutro - Tuesday, Feb 13, 18 @ 2:44 pm:

    When you raise the age of juveniles and get rid of mandatory auto transfers, kids quickly learn they can do a bunch of very bad things w/out serious consequence. Lots of blame to go around.


  18. - Chicagonk - Tuesday, Feb 13, 18 @ 2:45 pm:

    Rather than change the law, Rahm would be better off hiring more detectives, relaxing the chase policy for recently stolen vehicles (also lobby the state to strengthen municipality sovereign immunity laws - the never ending lawsuits are ridiculous), and put pressure on CPD and the state’s attorney to put together solid vehicular hijacking cases (don’t be afraid to go to trial).


  19. - Payback - Tuesday, Feb 13, 18 @ 4:32 pm:

    “That knowledge, Emanuel’s office and police brass say, can be difficult to prove because those caught with vehicles that have been carjacked often claim they didn’t know it was stolen.”

    That’s what we want in America, “police brass” writing and promoting laws that take away the expectation of every citizen to be considered innocent until proven guilty. While we’re at it, let’s do a poll and see if police believe that those accused of crimes deserve a jury trial if they choose. Or maybe we could just let cops be judges too and pronounce sentence on the spot, like Judge Dredd. Badges make humans infallible, don’t the serfs know it’s for their own good?

    “The result often is a reduced misdemeanor charge of trespassing.”

    So you’ve got a suspect identified, arrested, fingerprinted, photographed, and has a court date. The State’s Attorney has eighteen months to file or amend the charge on most misdemeanors, and it’s just too hard for them and the police to actually do their jobs and prove the car was stolen? Boo hoo. Right, let’s shift the burden of proving innocence to the accused and time trip back 800 years to before the Magna Carta was signed. The U.S. Constitution is so outmoded anyway.

    Any lawyer who promotes this garbage should be disbarred.


  20. - Last Bull Moose - Tuesday, Feb 13, 18 @ 5:13 pm:

    Making possession of a stolen car a felony would be a first step. The defendant can provide an affirmative defense by showing he got the car from someone who he reasonably believed had the car legally.

    The police can trace possession back to the carjacker. Now they have no leverage. With the new law, they would have leverage.


TrackBack URI

Sorry, comments for this post are now closed.


* Reader comments closed until Memorial Day
* Population loss threatens home rule powers
* Rauner appears open to yet another expansion of the death penalty
* New Rauner online ad slams Pritzker over Madigan (again)
* Attendance issues
* It's just a bill
* A couple more weird Republican candidates slip through the screens
* Senate ignores IRS warning, passes tax work-around bill
* Mayor Emanuel's bill sponsor: "This is NOT a carjacking bill"
* Stop Illinois Big Coal Bailouts
* Today's quotable: "It's just show-biz"
* The taxes no one wants to talk about
* *** LIVE *** Session coverage
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............
<


Loading


* Du Quoin State Fair makes great place - WPSD Lo.....
* Bipartisan group file legislation reinstating d.....
* Pet parade, carnival to kick off summertime in .....
* Illinois Legislature Considering Using Medical .....
* Back to Books grants help local school district.....
* New Rauner online ad slams Pritzker over Madiga.....
* New Rauner online ad slams Pritzker over Madiga.....
* Coming Illinois budget complicated by skipped b.....
* Suburban Life Sound Off: May 14-20 - Suburban L.....


* Settlement ends decade-old lawsuit with Illinois coal plants
* Illinois House OKs bill to pay back wages owed state workers
* Officer recounts stopping gunman at Illinois high school
* Search resumes for missing plane in Lake Michigan
* Chicago police crack down on gangs ahead of holiday weekend
* Veterans, discharged and jobless, seek hiring-rules changes
* Hammond scrap yard ordered closed after tainted water spill
* Mayor's bike trouble leads to discovery of crude graffiti
* Chicago police arrests dozens in pre-Memorial Day raids
* Trial to start June 4 for man charged in SIU student's death

* Bill to allow police drone crowd surveillance in limbo in Illinois House
* House OKs bill to pay $63M in back wages owed to 24,000 workers
* Lawmaker charging retaliation wants complaint system changes
* Bill to give Sangamon County first dibs on state jobs passes Senate
* Illinois House considers using marijuana to fight opioids
* Under the Dome Podcast: Cassidy vs. Madigan. Guns. Death Penalty.
* Lawmakers debate non-death penalty parts of Rauner's safety rewrite
* Bernard Schoenburg: Butler seeks to help caucus with $$, joins gun group
* Two anti-sex harassment bills go to Rauner's desk
* Illinois governor gets bill legalizing industrial hemp

* Fiat Chrysler recalls 4.8 million vehicles over cruise-control flaw
* ComEd bills are rising this summer—and more after that
* ComEd bills are rising this summer—and more after that
* RL: Still great after all these years
* Trump tax-cap workaround picks up speed in Springfield


* Woman charged in accidental shooting of sleeping daughter in Lansing
* Why the Bears offense could hinge on Mark Helfrich, who’s a ‘bag full of tricks’
* Asian-Americans face an unfair ceiling in college admissions
* Friday worst day for Chicagoans to travel this Memorial Day weekend
* Cohen, Russian oligarch had Trump Tower meeting before inauguration
* CHVRCHES fresh but still gloriously dark on new album ‘Love Is Dead’
* CPS High Schoolers to learn investing, saving for retirement in new course next
* Chris Paul injury: Rockets guard out for Game 6 vs. Warriors
* 15 hurt in explosion at Indian restaurant in suburban Toronto
* Hanley Ramirez designated for assignment by Red Sox


* Student says science teacher tackled Indiana middle school shooting suspect; 2 wounded
* Fiat Chrysler warns 4.8M owners: Don't use the cruise
* Alberto it is: First named tropical system chugs toward Mexico, eastern U.S. Gulf Coast
* $100,000 bail for man accused in incidents involving woman fatally shot by police in Gurnee
* Fiat Chrysler warns 4.8 million drivers of newer models: Don't use cruise control
* It's 'Waiting for Godot,' yes, but it's funny, masterfully done and truly Irish
* Theo Epstein shoots down trade rumors involving Cubs
* Trump's pardon of Jack Johnson a jab to Obama legacy
* District 214 schools move to end Mandarin language program, bucking national trend
* Chicago man charged for rash of carjackings, faces potential life in prison


» Reuniting Families with Military Medals; Author Chibundu Onuzo; Best Illinois Books
» #652 Give the Drummer Some
» Despite IRS Warning, Illinois Senate Approves Federal Tax Workaround
» May 24, 2018 - Full Show
» Healthcare Worker Violence Prevention Act; Immigrants in Champaign County; Taking a Knee in the NFL
» What Is Your Relationship With Your Doctor Worth To You?
» Illinois Could Get More Nurses Trained To Help Sexual Assault Survivors
» May 23, 2018 - Full Show
» Gun Restraining Order Bill Passes IL House, Latest in String of Gun Legislation
» Gun Restraining Order Bill Passes Illinois House, Latest in String of Gun Legislation


* Bill to allow police drone crowd surveillance in limbo in Illinois House
* House OKs bill to pay $63M in back wages owed to 24,000 workers
* Thumbs Up: To perseverance and generosity
* Eugene Robinson: Trump knows words don't just describe reality -- they shape it
* Point: Let's restore constitutional protections on US college campuses
* Counterpoint: 'Preponderance of evidence' clause should remain in force on college campuses
* Lawmaker charging retaliation wants complaint system changes
* Bill to give Sangamon County first dibs on state jobs passes Senate
* Illinois House considers using marijuana to fight opioids
* Under the Dome Podcast: Cassidy vs. Madigan. Guns. Death Penalty.


* Benton woman arrested, charged with leaving toddler in unattended car
* 'Here to serve': Eastview taking over Crosswinds church in Bloomington
* Once a heroin user, former judge Cook is now counseling addicts at Betty Ford clinic
* Wigginton comments on ex-judge's sentence
* Noon update: A chance of showers, but a beautiful holiday weekend for the Q-C
* Friday on the Farm with Seth Waibel
* Start your engines...if you can; scavenger hunt features $500 cars, priceless fun
* Prosecutor: Ex-probation officer Fogarty ‘implicated a number of prominent people’
* Ex-judge Michael Cook shows signs of anguish in 911 call placed night Judge Christ died of cocaine overdose
* Davis proposes designating Harristown post office as 'Logan S. Palmer Post Office'


* Crews working to clear train derailment site in Aurora
* Why some Elgin residents are concerned with St. Joseph church project
* MichaelSilver earns marketing award
* DuPage County probation officer faces sexual misconduct charge
* 'I was not going to let him get away': Officer recounts stopping gunman at Dixon school

* Letter: Hultgren isn't good for the enviro...
* Lobbying intensifies for advance refunding...
* Sign petition, Illinois congressmen, to st...
* PPP: Rodney Davis up by only 3, Hultgren a...
* US Surgeon General speaks at Community Lea...
* Letter: Let's fix the Trump issue - Northw...
* Blockchain Is 'World-Changing', Says US Co...
* Tourism on the rise in Thomasville
* Chaffetz and Krishnamoorthi react to Santa...
* Reps. Dan Kildee, Robin Kelly Highlight Ex...

* GDPR Takes Effect in the EU...
* Showtime's 'Fourth Estate' shows how the j......
* China Outspends the US on Defense? Here's ......
* Election 2018: Which party has lost its way?...
* Luetkemeyer, Wagner attend Trump signing o......

* Senator Tammy Duckworth Supports #TakeAKne......
* Luetkemeyer, Wagner attend Trump signing o......
* EDITORIAL: With harassment bill taxpayers ......
* Duckworth bill would clarify whistleblower......
* DA says officer legally justified in 2016 ......

* That time a Cook County judge ruled on the case of a man he himself put in prison when he was still a prosecutor
* That time a Cook County judge ruled on the case of a man he himself put in prison when he was still a prosecutor
* IL GOP lawmakers weaken on protecting 2nd Amendment rights
* Photos celebrating Asian Pacific American Heritage Month in Chicago
* Status Check: Broadway & West Sheridan Transformation Continues
* Now & Then From High Above
* 3 Squares Diner In The Lawrence House Slated To Open June 5
* Haspel swearing in.
* Harvard. 1968.
* McDonald’s new West Loop HQ is ‘perfect’ location for protesters to get their messages out


* IEMA Releases New Broadcast Campaign Focusing on Functional Needs Emergency Preparedness
* Rend Lake Water Conservancy District Water Main Break
* Statement from Gov. Rauner
* IEMA Highlights Emergency Preparedness for People with Access and Functional Needs in May
* IEMA Highlights Role of Volunteers in Disasters

  
* Observations from a founder on Seattle and Silicon Valley’s startup scenes
* Facebook’s new political ad rules could upend June 5th primaries
* Deal: Get Galaxy S9 and S9 Plus for up to 50% off this weekend at Best Buy
* [TA Deals] Master Microsoft Excel with the Ultimate All-Level Bootcamp Bundle
* Attendees share their favorite moments from TNW Conference 2018
* Stormy Daniels is adding cryptocurrency to her website — and it isn’t Verge
* MacRumors Giveaway: Win an Atlas Executive Athletic Holdall From WaterField Designs

* Most Essential White Sox Vote: Round 6
* Cease throws well for Winston-Salem
* White Sox Minor League Update: May 24, 2018
* White Sox’s sunniest homestand ends with a thud
* 2018 MLB Draft Profile:  Matthew Liberatore
* 2018 MLB Draft Preview: Joey Bart
* Control eludes Giolito in short start, as Sox fall


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller