Sen. Andy Manar

Filed: 5/18/2017

 

 


 

 


 
10000SB2185sam003LRB100 12037 SLF 26620 a

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
11adopt a policy and provide training to State Police officers
12concerning response and care for persons under the influence of
13alcohol or drugs. The policy shall be consistent with the
14Alcoholism and Other Drug Abuse and Dependency Act and shall
15provide guidance for the arrest of persons under the influence

 

 

10000SB2185sam003- 2 -LRB100 12037 SLF 26620 a

1of alcohol or drugs, proper medical attention if warranted, and
2care and release of those persons from custody. The Department
3shall create a separate policy for the release of persons
4arrested under the influence of alcohol or drugs who are under
5the age of 21 years of age. This policy shall include, but not
6be limited to, language requiring the arresting officer to make
7a reasonable attempt to contact a responsible adult who is
8willing to take custody of the person who is under the
9influence of alcohol or drugs.
 
10    Section 10. The Illinois Police Training Act is amended by
11adding Section 10.17-5 as follows:
 
12    (50 ILCS 705/10.17-5 new)
13    Sec. 10.17-5. Training policy; persons arrested while
14under the influence of alcohol or drugs. The Board shall create
15a model policy to train law enforcement officers to respond to
16a person arrested who is under the influence of alcohol or
17drugs and the eventual release of that person from custody. The
18Board shall create a separate model policy for the release of
19persons arrested under the influence of alcohol or drugs who
20are under the age of 21 years of age. This policy shall
21include, but not be limited to, language requiring the
22arresting officer to make a reasonable attempt to contact a
23responsible adult who is willing to take custody of the person
24who is under the influence of alcohol or drugs.
 

 

 

10000SB2185sam003- 3 -LRB100 12037 SLF 26620 a

1    Section 15. The Illinois Vehicle Code is amended by
2changing Section 4-203 as follows:
 
3    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
4    Sec. 4-203. Removal of motor vehicles or other vehicles;
5towing or hauling away.
6    (a) When a vehicle is abandoned, or left unattended, on a
7toll highway, interstate highway, or expressway for 2 hours or
8more, its removal by a towing service may be authorized by a
9law enforcement agency having jurisdiction.
10    (b) When a vehicle is abandoned on a highway in an urban
11district 10 hours or more, its removal by a towing service may
12be authorized by a law enforcement agency having jurisdiction.
13    (c) When a vehicle is abandoned or left unattended on a
14highway other than a toll highway, interstate highway, or
15expressway, outside of an urban district for 24 hours or more,
16its removal by a towing service may be authorized by a law
17enforcement agency having jurisdiction.
18    (d) When an abandoned, unattended, wrecked, burned or
19partially dismantled vehicle is creating a traffic hazard
20because of its position in relation to the highway or its
21physical appearance is causing the impeding of traffic, its
22immediate removal from the highway or private property adjacent
23to the highway by a towing service may be authorized by a law
24enforcement agency having jurisdiction.

 

 

10000SB2185sam003- 4 -LRB100 12037 SLF 26620 a

1    (e) Whenever a peace officer reasonably believes that a
2person under arrest for a violation of Section 11-501 of this
3Code or a similar provision of a local ordinance is likely,
4upon release, to commit a subsequent violation of Section
511-501, or a similar provision of a local ordinance, the
6arresting officer shall have the vehicle which the person was
7operating at the time of the arrest impounded for a period of
8not more than 12 hours after the time of arrest. However, such
9vehicle may be released by the arresting law enforcement agency
10prior to the end of the impoundment period if:
11        (1) the vehicle was not owned by the person under
12    arrest, and the lawful owner requesting such release
13    possesses a valid operator's license, proof of ownership,
14    and would not, as determined by the arresting law
15    enforcement agency, indicate a lack of ability to operate a
16    motor vehicle in a safe manner, or who would otherwise, by
17    operating such motor vehicle, be in violation of this Code;
18    or
19        (2) the vehicle is owned by the person under arrest,
20    and the person under arrest gives permission to another
21    person to operate such vehicle, provided however, that the
22    other person possesses a valid operator's license and would
23    not, as determined by the arresting law enforcement agency,
24    indicate a lack of ability to operate a motor vehicle in a
25    safe manner or who would otherwise, by operating such motor
26    vehicle, be in violation of this Code.

 

 

10000SB2185sam003- 5 -LRB100 12037 SLF 26620 a

1    (e-5) Whenever a registered owner of a vehicle is taken
2into custody for operating the vehicle in violation of Section
311-501 of this Code or a similar provision of a local ordinance
4or Section 6-303 of this Code, a law enforcement officer may
5have the vehicle immediately impounded for a period not less
6than:
7        (1) 24 hours for a second violation of Section 11-501
8    of this Code or a similar provision of a local ordinance or
9    Section 6-303 of this Code or a combination of these
10    offenses; or
11        (2) 48 hours for a third violation of Section 11-501 of
12    this Code or a similar provision of a local ordinance or
13    Section 6-303 of this Code or a combination of these
14    offenses.
15    The vehicle may be released sooner if the vehicle is owned
16by the person under arrest and the person under arrest gives
17permission to another person to operate the vehicle and that
18other person possesses a valid operator's license and would
19not, as determined by the arresting law enforcement agency,
20indicate a lack of ability to operate a motor vehicle in a safe
21manner or would otherwise, by operating the motor vehicle, be
22in violation of this Code.
23    (f) Except as provided in Chapter 18a of this Code, the
24owner or lessor of privately owned real property within this
25State, or any person authorized by such owner or lessor, or any
26law enforcement agency in the case of publicly owned real

 

 

10000SB2185sam003- 6 -LRB100 12037 SLF 26620 a

1property may cause any motor vehicle abandoned or left
2unattended upon such property without permission to be removed
3by a towing service without liability for the costs of removal,
4transportation or storage or damage caused by such removal,
5transportation or storage. The towing or removal of any vehicle
6from private property without the consent of the registered
7owner or other legally authorized person in control of the
8vehicle is subject to compliance with the following conditions
9and restrictions:
10        1. Any towed or removed vehicle must be stored at the
11    site of the towing service's place of business. The site
12    must be open during business hours, and for the purpose of
13    redemption of vehicles, during the time that the person or
14    firm towing such vehicle is open for towing purposes.
15        2. The towing service shall within 30 minutes of
16    completion of such towing or removal, notify the law
17    enforcement agency having jurisdiction of such towing or
18    removal, and the make, model, color and license plate
19    number of the vehicle, and shall obtain and record the name
20    of the person at the law enforcement agency to whom such
21    information was reported.
22        3. If the registered owner or legally authorized person
23    entitled to possession of the vehicle shall arrive at the
24    scene prior to actual removal or towing of the vehicle, the
25    vehicle shall be disconnected from the tow truck and that
26    person shall be allowed to remove the vehicle without

 

 

10000SB2185sam003- 7 -LRB100 12037 SLF 26620 a

1    interference, upon the payment of a reasonable service fee
2    of not more than one half the posted rate of the towing
3    service as provided in paragraph 6 of this subsection, for
4    which a receipt shall be given.
5        4. The rebate or payment of money or any other valuable
6    consideration from the towing service or its owners,
7    managers or employees to the owners or operators of the
8    premises from which the vehicles are towed or removed, for
9    the privilege of removing or towing those vehicles, is
10    prohibited. Any individual who violates this paragraph
11    shall be guilty of a Class A misdemeanor.
12        5. Except for property appurtenant to and obviously a
13    part of a single family residence, and except for instances
14    where notice is personally given to the owner or other
15    legally authorized person in control of the vehicle that
16    the area in which that vehicle is parked is reserved or
17    otherwise unavailable to unauthorized vehicles and they
18    are subject to being removed at the owner or operator's
19    expense, any property owner or lessor, prior to towing or
20    removing any vehicle from private property without the
21    consent of the owner or other legally authorized person in
22    control of that vehicle, must post a notice meeting the
23    following requirements:
24            a. Except as otherwise provided in subparagraph
25        a.1 of this subdivision (f)5, the notice must be
26        prominently placed at each driveway access or curb cut

 

 

10000SB2185sam003- 8 -LRB100 12037 SLF 26620 a

1        allowing vehicular access to the property within 5 feet
2        from the public right-of-way line. If there are no
3        curbs or access barriers, the sign must be posted not
4        less than one sign each 100 feet of lot frontage.
5            a.1. In a municipality with a population of less
6        than 250,000, as an alternative to the requirement of
7        subparagraph a of this subdivision (f)5, the notice for
8        a parking lot contained within property used solely for
9        a 2-family, 3-family, or 4-family residence may be
10        prominently placed at the perimeter of the parking lot,
11        in a position where the notice is visible to the
12        occupants of vehicles entering the lot.
13            b. The notice must indicate clearly, in not less
14        than 2 inch high light-reflective letters on a
15        contrasting background, that unauthorized vehicles
16        will be towed away at the owner's expense.
17            c. The notice must also provide the name and
18        current telephone number of the towing service towing
19        or removing the vehicle.
20            d. The sign structure containing the required
21        notices must be permanently installed with the bottom
22        of the sign not less than 4 feet above ground level,
23        and must be continuously maintained on the property for
24        not less than 24 hours prior to the towing or removing
25        of any vehicle.
26        6. Any towing service that tows or removes vehicles and

 

 

10000SB2185sam003- 9 -LRB100 12037 SLF 26620 a

1    proposes to require the owner, operator, or person in
2    control of the vehicle to pay the costs of towing and
3    storage prior to redemption of the vehicle must file and
4    keep on record with the local law enforcement agency a
5    complete copy of the current rates to be charged for such
6    services, and post at the storage site an identical rate
7    schedule and any written contracts with property owners,
8    lessors, or persons in control of property which authorize
9    them to remove vehicles as provided in this Section. The
10    towing and storage charges, however, shall not exceed the
11    maximum allowed by the Illinois Commerce Commission under
12    Section 18a-200.
13        7. No person shall engage in the removal of vehicles
14    from private property as described in this Section without
15    filing a notice of intent in each community where he
16    intends to do such removal, and such notice shall be filed
17    at least 7 days before commencing such towing.
18        8. No removal of a vehicle from private property shall
19    be done except upon express written instructions of the
20    owners or persons in charge of the private property upon
21    which the vehicle is said to be trespassing.
22        9. Vehicle entry for the purpose of removal shall be
23    allowed with reasonable care on the part of the person or
24    firm towing the vehicle. Such person or firm shall be
25    liable for any damages occasioned to the vehicle if such
26    entry is not in accordance with the standards of reasonable

 

 

10000SB2185sam003- 10 -LRB100 12037 SLF 26620 a

1    care.
2        9.5. Except as authorized by a law enforcement officer,
3    no towing service shall engage in the removal of a
4    commercial motor vehicle that requires a commercial
5    driver's license to operate by operating the vehicle under
6    its own power on a highway.
7        10. When a vehicle has been towed or removed pursuant
8    to this Section, it must be released to its owner or
9    custodian within one half hour after requested, if such
10    request is made during business hours. Any vehicle owner or
11    custodian or agent shall have the right to inspect the
12    vehicle before accepting its return, and no release or
13    waiver of any kind which would release the towing service
14    from liability for damages incurred during the towing and
15    storage may be required from any vehicle owner or other
16    legally authorized person as a condition of release of the
17    vehicle. A detailed, signed receipt showing the legal name
18    of the towing service must be given to the person paying
19    towing or storage charges at the time of payment, whether
20    requested or not.
21    This Section shall not apply to law enforcement,
22firefighting, rescue, ambulance, or other emergency vehicles
23which are marked as such or to property owned by any
24governmental entity.
25    When an authorized person improperly causes a motor vehicle
26to be removed, such person shall be liable to the owner or

 

 

10000SB2185sam003- 11 -LRB100 12037 SLF 26620 a

1lessee of the vehicle for the cost or removal, transportation
2and storage, any damages resulting from the removal,
3transportation and storage, attorney's fee and court costs.
4    Any towing or storage charges accrued shall be payable by
5the use of any major credit card, in addition to being payable
6in cash.
7        11. Towing companies shall also provide insurance
8    coverage for areas where vehicles towed under the
9    provisions of this Chapter will be impounded or otherwise
10    stored, and shall adequately cover loss by fire, theft or
11    other risks.
12    Any person who fails to comply with the conditions and
13restrictions of this subsection shall be guilty of a Class C
14misdemeanor and shall be fined not less than $100 nor more than
15$500.
16    (g)(1) When a vehicle is determined to be a hazardous
17dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
18Illinois Municipal Code or Section 5-12002.1 of the Counties
19Code, its removal and impoundment by a towing service may be
20authorized by a law enforcement agency with appropriate
21jurisdiction.
22    (2) When a vehicle removal from either public or private
23property is authorized by a law enforcement agency, the owner
24of the vehicle shall be responsible for all towing and storage
25charges.
26    (3) Vehicles removed from public or private property and

 

 

10000SB2185sam003- 12 -LRB100 12037 SLF 26620 a

1stored by a commercial vehicle relocator or any other towing
2service authorized by a law enforcement agency in compliance
3with this Section and Sections 4-201 and 4-202 of this Code, or
4at the request of the vehicle owner or operator, shall be
5subject to a possessor lien for services pursuant to the Labor
6and Storage Lien (Small Amount) Act. The provisions of Section
71 of that Act relating to notice and implied consent shall be
8deemed satisfied by compliance with Section 18a-302 and
9subsection (6) of Section 18a-300. In no event shall such lien
10be greater than the rate or rates established in accordance
11with subsection (6) of Section 18a-200 of this Code. In no
12event shall such lien be increased or altered to reflect any
13charge for services or materials rendered in addition to those
14authorized by this Act. Every such lien shall be payable by use
15of any major credit card, in addition to being payable in cash.
16    (4) Any personal property belonging to the vehicle owner in
17a vehicle subject to a lien under this subsection (g) shall
18likewise be subject to that lien, excepting only: child
19restraint systems as defined in Section 4 of the Child
20Passenger Protection Act and other child booster seats;
21eyeglasses; food; medicine; perishable property; any
22operator's licenses; any cash, credit cards, or checks or
23checkbooks; any wallet, purse, or other property containing any
24operator's license or other identifying documents or
25materials, cash, credit cards, checks, or checkbooks; and any
26personal property belonging to a person other than the vehicle

 

 

10000SB2185sam003- 13 -LRB100 12037 SLF 26620 a

1owner if that person provides adequate proof that the personal
2property belongs to that person. The spouse, child, mother,
3father, brother, or sister of the vehicle owner may claim
4personal property excepted under this paragraph (4) if the
5person claiming the personal property provides the commercial
6vehicle relocator or towing service with the authorization of
7the vehicle owner.
8    (5) This paragraph (5) applies only in the case of a
9vehicle that is towed as a result of being involved in an
10accident. In addition to the personal property excepted under
11paragraph (4), all other personal property in a vehicle subject
12to a lien under this subsection (g) is exempt from that lien
13and may be claimed by the vehicle owner if the vehicle owner
14provides the commercial vehicle relocator or towing service
15with proof that the vehicle owner has an insurance policy
16covering towing and storage fees. The spouse, child, mother,
17father, brother, or sister of the vehicle owner may claim
18personal property in a vehicle subject to a lien under this
19subsection (g) if the person claiming the personal property
20provides the commercial vehicle relocator or towing service
21with the authorization of the vehicle owner and proof that the
22vehicle owner has an insurance policy covering towing and
23storage fees. The regulation of liens on personal property and
24exceptions to those liens in the case of vehicles towed as a
25result of being involved in an accident are exclusive powers
26and functions of the State. A home rule unit may not regulate

 

 

10000SB2185sam003- 14 -LRB100 12037 SLF 26620 a

1liens on personal property and exceptions to those liens in the
2case of vehicles towed as a result of being involved in an
3accident. This paragraph (5) is a denial and limitation of home
4rule powers and functions under subsection (h) of Section 6 of
5Article VII of the Illinois Constitution.
6    (6) No lien under this subsection (g) shall: exceed $2,000
7in its total amount; or be increased or altered to reflect any
8charge for services or materials rendered in addition to those
9authorized by this Act.
10    (h) Whenever a peace officer issues a citation to a driver
11for a violation of subsection (a) of Section 11-506 of this
12Code, the arresting officer may have the vehicle which the
13person was operating at the time of the arrest impounded for a
14period of 5 days after the time of arrest. An impounding agency
15shall release a motor vehicle impounded under this subsection
16(h) to the registered owner of the vehicle under any of the
17following circumstances:
18        (1) If the vehicle is a stolen vehicle; or
19        (2) If the person ticketed for a violation of
20    subsection (a) of Section 11-506 of this Code was not
21    authorized by the registered owner of the vehicle to
22    operate the vehicle at the time of the violation; or
23        (3) If the registered owner of the vehicle was neither
24    the driver nor a passenger in the vehicle at the time of
25    the violation or was unaware that the driver was using the
26    vehicle to engage in street racing; or

 

 

10000SB2185sam003- 15 -LRB100 12037 SLF 26620 a

1        (4) If the legal owner or registered owner of the
2    vehicle is a rental car agency; or
3        (5) If, prior to the expiration of the impoundment
4    period specified above, the citation is dismissed or the
5    defendant is found not guilty of the offense.
6    (i) Except for vehicles exempted under subsection (b) of
7Section 7-601 of this Code, whenever a law enforcement officer
8issues a citation to a driver for a violation of Section 3-707
9of this Code, and the driver has a prior conviction for a
10violation of Section 3-707 of this Code in the past 12 months,
11the arresting officer shall authorize the removal and
12impoundment of the vehicle by a towing service.
13(Source: P.A. 99-438, eff. 1-1-16.)".