* An instructive Twitter exchange…
Amdor is right. Even the bill’s House sponsor, Rep. Jaime Andrade (D-Chicago), freely admits that his bill is not about carjacking. From a statement Rep. Andrade sent me via text on May 16th…
The biggest issue is that people are calling it a “car jacking” bill.
This is NOT a carjacking bill.
This is a change to the PSMV [Possession of a Stolen Motor Vehicle] act. That needs to be changed because modernizations of vehicles, the FOBS, keyless entry, etc.
My goal is to deal with the 1000s of motor vehicle thefts in the state.
* From Rep. Kelly Cassidy’s Sun-Times op-ed, which prompted the Twitter exchange…
Most car thefts involve parked and unattended vehicles, not violent seizure. Under current law, people who were not involved in the original theft may still be prosecuted for possession of a stolen motor vehicle. It is a serious offense which carries a sentence of between 3 and 7 years, and one for which passengers as well as drivers can be held liable no matter how long ago the car was stolen.
Considering the length of the sentence and how broad the liability is, it is important to establish that the defendant knew that the car was stolen. This requirement to show knowledge is not a “loophole,” as the bill’s staunchest proponents would have you believe, but rather an essential way of making sure the law is fair.
Carjacking is a very different crime, a violent and dangerous one. But the barrier to prosecuting carjacking effectively is not that so-called “loophole” in the law. It is, quite frankly, that nine out of ten carjacking offenses in Chicago never result in an arrest.
If the police do not successfully arrest the perpetrators, the State’s Attorney has no one to prosecute.
Instead of developing a strategy that could result in more arrests, the mayor and the Chicago Police Department have proposed a law that is overly broad and would result in punishing not only the person in possession of the car, but also their passengers, many of whom may not even know they are committing a crime.
* Also, this…
It is perhaps instructive to note, by the way, that the state’s attorney’s Motor Vehicle Theft unit was funded for many years by a state grant that fell victim to the recent budget standoff.
- Boone's is Back - Friday, May 25, 18 @ 9:58 am:
===It is perhaps instructive to note, by the way, that the state’s attorney’s Motor Vehicle Theft unit was funded for many years by a state grant that fell victim to the recent budget standoff.===
Wow- that’s a pretty key detail that has been lost in the debate. I would imagine that this unit would have an equally, if not more effective, impact on the problem.
- City Zen - Friday, May 25, 18 @ 9:59 am:
How will carjacking evolve with the prominence of key fobs? I keep my fob in my pocket. If I were to be carjacked, the car wouldn’t get far without me in it. And if the carjacker asks for my key fob, he risks me reaching into my pocket and pulling out a weapon.
- BC - Friday, May 25, 18 @ 10:00 am:
No, unless the bill has been amended and not updated online yet, the legislation is both about auto theft and carjacking. One section changes the standard of proof in a possession of a motor vehicle case, (that’s section Cassidy is referring to.) And the other section amends the juvenile code to increase the likelihood that juvenile carjacking suspects would be held in temporary detention under the “immediate and urgent necessity” standard. Most of those suspects are released shortly after arrest now.
- Crazybleedingheart - Friday, May 25, 18 @ 10:10 am:
I know Rahm and his allies would never, ever lie but maybe there’s a reason so many are confused about this bill.
EMANUEL, LAWMAKERS PROPOSE CHANGE TO CARJACKING LAWS
http://abc7chicago.com/emanuel-lawmakers-propose-change-to-carjacking-laws/3068081/
“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).
The carjacking bill comes after the formation of joint task force this month.
- Last Bull Moose - Friday, May 25, 18 @ 10:21 am:
How does the law now distinguish between someone who says simply possesses stolen property and someone who fences stolen property? It seems this situation is similar.
There is probably a business model where car thieves quickly get the car into the hands of someone who appears to be not involved in the theft. A juvenile more might be preferred because of our treatment of juveniles.
What if the two first convictions for possession of a stolen vehicle were misdemeanors and the third and subsequent convictions were felonies? This would get the habitual offenders.
- TRN - Friday, May 25, 18 @ 10:27 am:
- Crazybleedingheart -
I don’t think anyone is lying. I think Rahm has a House sponsor who doesn’t know what’s in his own bill. From the bill:
(705 ILCS 405/5-408 new)
Sec. 5-408. Processing of juvenile detained for certain
offenses.
(a) If a law enforcement officer detains a minor for an act that if committed by an adult would constitute vehicular hijacking, aggravated vehicular hijacking…..
- Crazybleedingheart - Friday, May 25, 18 @ 10:36 am:
I think it’s a carjacking bill whenever it’s convenient and not really about carjacking whenever someone is forced to explain how it would actually help.
- Amalia - Friday, May 25, 18 @ 10:40 am:
Last Bull Moose is on it. Juveniles are used by adults in many criminal ways. and most of the time the juveniles understand what they are getting into. have to steer them in the right direction before they become adults and are held differently accountable. plus, a victim is a victim no matter the age of the offender.
- wordslinger - Friday, May 25, 18 @ 10:45 am:
The spike in carjacking in the metro is real. I’m curious, as to this emerging market, are the cars getting chopped or shipped to our Russian friends whole?
A few months ago, a couple of master criminals jacked a Mercedes in the bank lot at Harlem and Chicago in River Forest about 4 p.m.
They tried to make their getaway south on Harlem to the Ike; about 45 minutes later, they were arrested by Forest Park cops at Jackson, jammed up in rush hour traffic, lol.
- LakeviewJ - Friday, May 25, 18 @ 11:13 am:
It’ll be fun to watch the Republicans who’ve moaned all year about their penalty enhancement bills dying fall over themselves to vote aye on a political bailout for Rahm Emanuel.
- crazybleedingheart - Friday, May 25, 18 @ 12:10 pm:
==It’ll be fun to watch the Republicans who’ve moaned all year about their penalty enhancement bills dying fall over themselves to vote aye on a political bailout for Rahm Emanuel.==
Also interesting to watch the Gov supporting Madigan’s play, helping him keep his promise to Rahm despite his fractured caucus.
- Dee4Three - Friday, May 25, 18 @ 12:47 pm:
BC wrote…
==And the other section amends the juvenile code to increase the likelihood that juvenile carjacking suspects would be held in temporary detention under the “immediate and urgent necessity” standard. Most of those suspects are released shortly after arrest now.==
Where is the evidence that most juvenile suspects charged with carjacking are being released?
Cook County PD’s testified at 1st House hearing that 16 of 22 kids were detained in JTDC and 5 got electronic monitoring.
Are there any other stats out there refuting this claim?