Sen. Andy Manar

Filed: 5/15/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2185

2    AMENDMENT NO. ______. Amend Senate Bill 2185 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as Conor's Law.
 
5    Section 5. The Department of State Police Law of the Civil
6Administrative Code of Illinois is amended by adding Section
72605-54 as follows:
 
8    (20 ILCS 2605/2605-54 new)
9    Sec. 2605-54. Training policy; persons arrested while
10under the influence of alcohol or drugs. The Department shall
11consult with the Illinois Law Enforcement Training Standards
12Board to create a model policy for the Department to train law
13enforcement officers concerning persons arrested while under
14the influence of alcohol or drugs as established in Section
1510.17-5 of the Illinois Police Training Act.
 

 

 

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1    Section 10. The Illinois Police Training Act is amended by
2adding Section 10.17-5 as follows:
 
3    (50 ILCS 705/10.17-5 new)
4    Sec. 10.17-5. Training policy; persons arrested while
5under the influence of alcohol or drugs. The Board shall create
6a model policy to train law enforcement officers to respond to
7a person arrested who is under the influence of alcohol or
8drugs and the eventual release of that person from custody. The
9Board shall create a separate model policy for the release of
10persons arrested under the influence of alcohol or drugs who
11are under the age of 21 years of age. This policy shall
12include, but not be limited to, language requiring the
13arresting officer to make a reasonable attempt to contact a
14responsible adult who is willing to take custody of the person
15who is under the influence of alcohol or drugs.
 
16    Section 15. The Illinois Vehicle Code is amended by
17changing Section 4-203 as follows:
 
18    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
19    Sec. 4-203. Removal of motor vehicles or other vehicles;
20towing or hauling away.
21    (a) When a vehicle is abandoned, or left unattended, on a
22toll highway, interstate highway, or expressway for 2 hours or

 

 

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1more, its removal by a towing service may be authorized by a
2law enforcement agency having jurisdiction.
3    (b) When a vehicle is abandoned on a highway in an urban
4district 10 hours or more, its removal by a towing service may
5be authorized by a law enforcement agency having jurisdiction.
6    (c) When a vehicle is abandoned or left unattended on a
7highway other than a toll highway, interstate highway, or
8expressway, outside of an urban district for 24 hours or more,
9its removal by a towing service may be authorized by a law
10enforcement agency having jurisdiction.
11    (d) When an abandoned, unattended, wrecked, burned or
12partially dismantled vehicle is creating a traffic hazard
13because of its position in relation to the highway or its
14physical appearance is causing the impeding of traffic, its
15immediate removal from the highway or private property adjacent
16to the highway by a towing service may be authorized by a law
17enforcement agency having jurisdiction.
18    (e) Whenever a peace officer reasonably believes that a
19person under arrest for a violation of Section 11-501 of this
20Code or a similar provision of a local ordinance is likely,
21upon release, to commit a subsequent violation of Section
2211-501, or a similar provision of a local ordinance, the
23arresting officer shall have the vehicle which the person was
24operating at the time of the arrest impounded for a period of
25not less than 6 hours but not more than 12 hours after the time
26of arrest. However, such vehicle may be released by the

 

 

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1arresting law enforcement agency prior to the end of the
2impoundment period if:
3        (1) the vehicle was not owned by the person under
4    arrest, and the lawful owner requesting such release
5    possesses a valid operator's license, proof of ownership,
6    and would not, as determined by the arresting law
7    enforcement agency, indicate a lack of ability to operate a
8    motor vehicle in a safe manner, or who would otherwise, by
9    operating such motor vehicle, be in violation of this Code;
10    or
11        (2) the vehicle is owned by the person under arrest,
12    and the person under arrest gives permission to another
13    person to operate such vehicle, provided however, that the
14    other person possesses a valid operator's license and would
15    not, as determined by the arresting law enforcement agency,
16    indicate a lack of ability to operate a motor vehicle in a
17    safe manner or who would otherwise, by operating such motor
18    vehicle, be in violation of this Code.
19    (e-5) Whenever a registered owner of a vehicle is taken
20into custody for operating the vehicle in violation of Section
2111-501 of this Code or a similar provision of a local ordinance
22or Section 6-303 of this Code, a law enforcement officer may
23have the vehicle immediately impounded for a period not less
24than:
25        (1) 24 hours for a second violation of Section 11-501
26    of this Code or a similar provision of a local ordinance or

 

 

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1    Section 6-303 of this Code or a combination of these
2    offenses; or
3        (2) 48 hours for a third violation of Section 11-501 of
4    this Code or a similar provision of a local ordinance or
5    Section 6-303 of this Code or a combination of these
6    offenses.
7    The vehicle may be released sooner if the vehicle is owned
8by the person under arrest and the person under arrest gives
9permission to another person to operate the vehicle and that
10other person possesses a valid operator's license and would
11not, as determined by the arresting law enforcement agency,
12indicate a lack of ability to operate a motor vehicle in a safe
13manner or would otherwise, by operating the motor vehicle, be
14in violation of this Code.
15    (f) Except as provided in Chapter 18a of this Code, the
16owner or lessor of privately owned real property within this
17State, or any person authorized by such owner or lessor, or any
18law enforcement agency in the case of publicly owned real
19property may cause any motor vehicle abandoned or left
20unattended upon such property without permission to be removed
21by a towing service without liability for the costs of removal,
22transportation or storage or damage caused by such removal,
23transportation or storage. The towing or removal of any vehicle
24from private property without the consent of the registered
25owner or other legally authorized person in control of the
26vehicle is subject to compliance with the following conditions

 

 

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1and restrictions:
2        1. Any towed or removed vehicle must be stored at the
3    site of the towing service's place of business. The site
4    must be open during business hours, and for the purpose of
5    redemption of vehicles, during the time that the person or
6    firm towing such vehicle is open for towing purposes.
7        2. The towing service shall within 30 minutes of
8    completion of such towing or removal, notify the law
9    enforcement agency having jurisdiction of such towing or
10    removal, and the make, model, color and license plate
11    number of the vehicle, and shall obtain and record the name
12    of the person at the law enforcement agency to whom such
13    information was reported.
14        3. If the registered owner or legally authorized person
15    entitled to possession of the vehicle shall arrive at the
16    scene prior to actual removal or towing of the vehicle, the
17    vehicle shall be disconnected from the tow truck and that
18    person shall be allowed to remove the vehicle without
19    interference, upon the payment of a reasonable service fee
20    of not more than one half the posted rate of the towing
21    service as provided in paragraph 6 of this subsection, for
22    which a receipt shall be given.
23        4. The rebate or payment of money or any other valuable
24    consideration from the towing service or its owners,
25    managers or employees to the owners or operators of the
26    premises from which the vehicles are towed or removed, for

 

 

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1    the privilege of removing or towing those vehicles, is
2    prohibited. Any individual who violates this paragraph
3    shall be guilty of a Class A misdemeanor.
4        5. Except for property appurtenant to and obviously a
5    part of a single family residence, and except for instances
6    where notice is personally given to the owner or other
7    legally authorized person in control of the vehicle that
8    the area in which that vehicle is parked is reserved or
9    otherwise unavailable to unauthorized vehicles and they
10    are subject to being removed at the owner or operator's
11    expense, any property owner or lessor, prior to towing or
12    removing any vehicle from private property without the
13    consent of the owner or other legally authorized person in
14    control of that vehicle, must post a notice meeting the
15    following requirements:
16            a. Except as otherwise provided in subparagraph
17        a.1 of this subdivision (f)5, the notice must be
18        prominently placed at each driveway access or curb cut
19        allowing vehicular access to the property within 5 feet
20        from the public right-of-way line. If there are no
21        curbs or access barriers, the sign must be posted not
22        less than one sign each 100 feet of lot frontage.
23            a.1. In a municipality with a population of less
24        than 250,000, as an alternative to the requirement of
25        subparagraph a of this subdivision (f)5, the notice for
26        a parking lot contained within property used solely for

 

 

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1        a 2-family, 3-family, or 4-family residence may be
2        prominently placed at the perimeter of the parking lot,
3        in a position where the notice is visible to the
4        occupants of vehicles entering the lot.
5            b. The notice must indicate clearly, in not less
6        than 2 inch high light-reflective letters on a
7        contrasting background, that unauthorized vehicles
8        will be towed away at the owner's expense.
9            c. The notice must also provide the name and
10        current telephone number of the towing service towing
11        or removing the vehicle.
12            d. The sign structure containing the required
13        notices must be permanently installed with the bottom
14        of the sign not less than 4 feet above ground level,
15        and must be continuously maintained on the property for
16        not less than 24 hours prior to the towing or removing
17        of any vehicle.
18        6. Any towing service that tows or removes vehicles and
19    proposes to require the owner, operator, or person in
20    control of the vehicle to pay the costs of towing and
21    storage prior to redemption of the vehicle must file and
22    keep on record with the local law enforcement agency a
23    complete copy of the current rates to be charged for such
24    services, and post at the storage site an identical rate
25    schedule and any written contracts with property owners,
26    lessors, or persons in control of property which authorize

 

 

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1    them to remove vehicles as provided in this Section. The
2    towing and storage charges, however, shall not exceed the
3    maximum allowed by the Illinois Commerce Commission under
4    Section 18a-200.
5        7. No person shall engage in the removal of vehicles
6    from private property as described in this Section without
7    filing a notice of intent in each community where he
8    intends to do such removal, and such notice shall be filed
9    at least 7 days before commencing such towing.
10        8. No removal of a vehicle from private property shall
11    be done except upon express written instructions of the
12    owners or persons in charge of the private property upon
13    which the vehicle is said to be trespassing.
14        9. Vehicle entry for the purpose of removal shall be
15    allowed with reasonable care on the part of the person or
16    firm towing the vehicle. Such person or firm shall be
17    liable for any damages occasioned to the vehicle if such
18    entry is not in accordance with the standards of reasonable
19    care.
20        9.5. Except as authorized by a law enforcement officer,
21    no towing service shall engage in the removal of a
22    commercial motor vehicle that requires a commercial
23    driver's license to operate by operating the vehicle under
24    its own power on a highway.
25        10. When a vehicle has been towed or removed pursuant
26    to this Section, it must be released to its owner or

 

 

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1    custodian within one half hour after requested, if such
2    request is made during business hours. Any vehicle owner or
3    custodian or agent shall have the right to inspect the
4    vehicle before accepting its return, and no release or
5    waiver of any kind which would release the towing service
6    from liability for damages incurred during the towing and
7    storage may be required from any vehicle owner or other
8    legally authorized person as a condition of release of the
9    vehicle. A detailed, signed receipt showing the legal name
10    of the towing service must be given to the person paying
11    towing or storage charges at the time of payment, whether
12    requested or not.
13    This Section shall not apply to law enforcement,
14firefighting, rescue, ambulance, or other emergency vehicles
15which are marked as such or to property owned by any
16governmental entity.
17    When an authorized person improperly causes a motor vehicle
18to be removed, such person shall be liable to the owner or
19lessee of the vehicle for the cost or removal, transportation
20and storage, any damages resulting from the removal,
21transportation and storage, attorney's fee and court costs.
22    Any towing or storage charges accrued shall be payable by
23the use of any major credit card, in addition to being payable
24in cash.
25        11. Towing companies shall also provide insurance
26    coverage for areas where vehicles towed under the

 

 

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1    provisions of this Chapter will be impounded or otherwise
2    stored, and shall adequately cover loss by fire, theft or
3    other risks.
4    Any person who fails to comply with the conditions and
5restrictions of this subsection shall be guilty of a Class C
6misdemeanor and shall be fined not less than $100 nor more than
7$500.
8    (g)(1) When a vehicle is determined to be a hazardous
9dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
10Illinois Municipal Code or Section 5-12002.1 of the Counties
11Code, its removal and impoundment by a towing service may be
12authorized by a law enforcement agency with appropriate
13jurisdiction.
14    (2) When a vehicle removal from either public or private
15property is authorized by a law enforcement agency, the owner
16of the vehicle shall be responsible for all towing and storage
17charges.
18    (3) Vehicles removed from public or private property and
19stored by a commercial vehicle relocator or any other towing
20service authorized by a law enforcement agency in compliance
21with this Section and Sections 4-201 and 4-202 of this Code, or
22at the request of the vehicle owner or operator, shall be
23subject to a possessor lien for services pursuant to the Labor
24and Storage Lien (Small Amount) Act. The provisions of Section
251 of that Act relating to notice and implied consent shall be
26deemed satisfied by compliance with Section 18a-302 and

 

 

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1subsection (6) of Section 18a-300. In no event shall such lien
2be greater than the rate or rates established in accordance
3with subsection (6) of Section 18a-200 of this Code. In no
4event shall such lien be increased or altered to reflect any
5charge for services or materials rendered in addition to those
6authorized by this Act. Every such lien shall be payable by use
7of any major credit card, in addition to being payable in cash.
8    (4) Any personal property belonging to the vehicle owner in
9a vehicle subject to a lien under this subsection (g) shall
10likewise be subject to that lien, excepting only: child
11restraint systems as defined in Section 4 of the Child
12Passenger Protection Act and other child booster seats;
13eyeglasses; food; medicine; perishable property; any
14operator's licenses; any cash, credit cards, or checks or
15checkbooks; any wallet, purse, or other property containing any
16operator's license or other identifying documents or
17materials, cash, credit cards, checks, or checkbooks; and any
18personal property belonging to a person other than the vehicle
19owner if that person provides adequate proof that the personal
20property belongs to that person. The spouse, child, mother,
21father, brother, or sister of the vehicle owner may claim
22personal property excepted under this paragraph (4) if the
23person claiming the personal property provides the commercial
24vehicle relocator or towing service with the authorization of
25the vehicle owner.
26    (5) This paragraph (5) applies only in the case of a

 

 

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1vehicle that is towed as a result of being involved in an
2accident. In addition to the personal property excepted under
3paragraph (4), all other personal property in a vehicle subject
4to a lien under this subsection (g) is exempt from that lien
5and may be claimed by the vehicle owner if the vehicle owner
6provides the commercial vehicle relocator or towing service
7with proof that the vehicle owner has an insurance policy
8covering towing and storage fees. The spouse, child, mother,
9father, brother, or sister of the vehicle owner may claim
10personal property in a vehicle subject to a lien under this
11subsection (g) if the person claiming the personal property
12provides the commercial vehicle relocator or towing service
13with the authorization of the vehicle owner and proof that the
14vehicle owner has an insurance policy covering towing and
15storage fees. The regulation of liens on personal property and
16exceptions to those liens in the case of vehicles towed as a
17result of being involved in an accident are exclusive powers
18and functions of the State. A home rule unit may not regulate
19liens on personal property and exceptions to those liens in the
20case of vehicles towed as a result of being involved in an
21accident. This paragraph (5) is a denial and limitation of home
22rule powers and functions under subsection (h) of Section 6 of
23Article VII of the Illinois Constitution.
24    (6) No lien under this subsection (g) shall: exceed $2,000
25in its total amount; or be increased or altered to reflect any
26charge for services or materials rendered in addition to those

 

 

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1authorized by this Act.
2    (h) Whenever a peace officer issues a citation to a driver
3for a violation of subsection (a) of Section 11-506 of this
4Code, the arresting officer may have the vehicle which the
5person was operating at the time of the arrest impounded for a
6period of 5 days after the time of arrest. An impounding agency
7shall release a motor vehicle impounded under this subsection
8(h) to the registered owner of the vehicle under any of the
9following circumstances:
10        (1) If the vehicle is a stolen vehicle; or
11        (2) If the person ticketed for a violation of
12    subsection (a) of Section 11-506 of this Code was not
13    authorized by the registered owner of the vehicle to
14    operate the vehicle at the time of the violation; or
15        (3) If the registered owner of the vehicle was neither
16    the driver nor a passenger in the vehicle at the time of
17    the violation or was unaware that the driver was using the
18    vehicle to engage in street racing; or
19        (4) If the legal owner or registered owner of the
20    vehicle is a rental car agency; or
21        (5) If, prior to the expiration of the impoundment
22    period specified above, the citation is dismissed or the
23    defendant is found not guilty of the offense.
24    (i) Except for vehicles exempted under subsection (b) of
25Section 7-601 of this Code, whenever a law enforcement officer
26issues a citation to a driver for a violation of Section 3-707

 

 

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1of this Code, and the driver has a prior conviction for a
2violation of Section 3-707 of this Code in the past 12 months,
3the arresting officer shall authorize the removal and
4impoundment of the vehicle by a towing service.
5(Source: P.A. 99-438, eff. 1-1-16.)".