Full Text of HB1693 97th General Assembly
HB1693ham004 97TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1693
| 2 | | AMENDMENT NO. ______. Amend House Bill 1693, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Sections 4-203, 4-205, and 11-208.7 as follows:
| 7 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 8 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 9 | | Towing or
hauling away.
| 10 | | (a) When a vehicle is abandoned, or left unattended, on a | 11 | | toll
highway, interstate highway, or expressway for 2 hours or | 12 | | more, its
removal by a towing service may be authorized by a | 13 | | law enforcement
agency having jurisdiction.
| 14 | | (b) When a vehicle is abandoned on a highway in an urban | 15 | | district 10
hours or more, its removal by a towing service may | 16 | | be authorized by a
law enforcement agency having jurisdiction.
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| 1 | | (c) When a vehicle is abandoned or left unattended on a | 2 | | highway
other than a toll highway, interstate highway, or | 3 | | expressway, outside of
an urban district for 24 hours or more, | 4 | | its removal by a towing service
may be authorized by a law | 5 | | enforcement agency having jurisdiction.
| 6 | | (d) When an abandoned, unattended, wrecked, burned or | 7 | | partially
dismantled vehicle is creating a traffic hazard | 8 | | because of its position
in relation to the highway or its | 9 | | physical appearance is causing the
impeding of traffic, its | 10 | | immediate removal from the highway or private
property adjacent | 11 | | to the highway by a towing service may be authorized
by a law | 12 | | enforcement agency having jurisdiction.
| 13 | | (e) Whenever a
peace officer reasonably believes that a | 14 | | person under
arrest for a violation of Section 11-501 of this | 15 | | Code or a similar
provision of a local ordinance is likely, | 16 | | upon release, to commit a
subsequent violation of Section | 17 | | 11-501, or a similar provision of a local
ordinance, the | 18 | | arresting officer shall have the vehicle which the person
was | 19 | | operating at the time of the arrest impounded for a period of | 20 | | not more
than 12 hours after the time of arrest. However, such | 21 | | vehicle may be
released by the arresting law enforcement agency | 22 | | prior to the end of the
impoundment period if:
| 23 | | (1) the vehicle was not owned by the person under | 24 | | arrest, and the lawful
owner requesting such release | 25 | | possesses a valid operator's license, proof
of ownership, | 26 | | and would not, as determined by the arresting law |
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| 1 | | enforcement
agency, indicate a lack of ability to operate a | 2 | | motor vehicle in a safe
manner, or who would otherwise, by | 3 | | operating such motor vehicle, be in
violation of this Code; | 4 | | or
| 5 | | (2) the vehicle is owned by the person under arrest, | 6 | | and the person
under arrest gives permission to another | 7 | | person to operate such vehicle,
provided however, that the | 8 | | other person possesses a valid operator's license
and would | 9 | | not, as determined by the arresting law enforcement
agency, | 10 | | indicate a lack of ability to operate a motor vehicle in a | 11 | | safe
manner or who would otherwise, by operating such motor | 12 | | vehicle, be in
violation of this Code.
| 13 | | (e-5) Whenever a registered owner of a vehicle is taken | 14 | | into custody for
operating the vehicle in violation of Section | 15 | | 11-501 of this Code or a similar
provision of a local ordinance | 16 | | or Section 6-303 of this Code, a
law enforcement officer
may | 17 | | have the vehicle immediately impounded for a period not less | 18 | | than:
| 19 | | (1) 24 hours for a second violation of Section 11-501 | 20 | | of this Code or a
similar provision of a local ordinance or | 21 | | Section 6-303
of
this Code or a combination of these | 22 | | offenses; or
| 23 | | (2) 48 hours for a third violation of Section 11-501 of | 24 | | this Code or a
similar provision of a local ordinance or | 25 | | Section 6-303 of this
Code or a combination of these | 26 | | offenses.
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| 1 | | The vehicle may be released sooner if the vehicle is owned | 2 | | by the person
under arrest and the person under arrest gives | 3 | | permission to another person to
operate the vehicle and that | 4 | | other person possesses a valid operator's license
and would | 5 | | not, as determined by the arresting law enforcement agency, | 6 | | indicate
a lack of ability to operate a motor vehicle in a safe | 7 | | manner or would
otherwise, by operating the motor vehicle, be | 8 | | in violation of this Code.
| 9 | | (f) Except as provided in Chapter 18a of this Code, the | 10 | | owner or
lessor of privately owned real property within this | 11 | | State, or any person
authorized by such owner or lessor, or any | 12 | | law enforcement agency in the
case of publicly owned real | 13 | | property may cause any motor vehicle abandoned
or left | 14 | | unattended upon such property without permission to be removed | 15 | | by a
towing service without liability for the costs of removal, | 16 | | transportation
or storage or damage caused by such removal, | 17 | | transportation or storage.
The towing or removal of any vehicle | 18 | | from private property without the
consent of the registered | 19 | | owner or other legally authorized person in
control of the | 20 | | vehicle is subject to compliance with the following
conditions | 21 | | and restrictions:
| 22 | | 1. Any towed or removed vehicle must be stored at the | 23 | | site of the towing
service's place of business. The site | 24 | | must be open during business hours,
and for the purpose of | 25 | | redemption of vehicles, during the time that the
person or | 26 | | firm towing such vehicle is open for towing purposes.
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| 1 | | 2. The towing service shall within 30 minutes of | 2 | | completion of such
towing or removal, notify the law | 3 | | enforcement agency having jurisdiction of
such towing or | 4 | | removal, and the make, model, color and license plate | 5 | | number
of the vehicle, and shall obtain and record the name | 6 | | of the person at the law
enforcement agency to whom such | 7 | | information was reported.
| 8 | | 3. If the registered owner or legally authorized person | 9 | | entitled to
possession of the vehicle shall arrive at the | 10 | | scene prior to actual removal
or towing of the vehicle, the | 11 | | vehicle shall be disconnected from the tow
truck and that | 12 | | person shall be allowed to remove the vehicle without
| 13 | | interference, upon the payment of a reasonable service fee | 14 | | of not more than
one half the posted rate of the towing | 15 | | service as provided in paragraph
6 of this subsection, for | 16 | | which a receipt shall be given.
| 17 | | 4. The rebate or payment of money or any other valuable | 18 | | consideration
from the towing service or its owners, | 19 | | managers or employees to the owners
or operators of the | 20 | | premises from which the vehicles are towed or removed,
for | 21 | | the privilege of removing or towing those vehicles, is | 22 | | prohibited. Any
individual who violates this paragraph | 23 | | shall be guilty of a Class A
misdemeanor.
| 24 | | 5. Except for property appurtenant to and obviously a | 25 | | part of a single
family residence, and except for instances | 26 | | where notice is personally given
to the owner or other |
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| 1 | | legally authorized person in control of the vehicle
that | 2 | | the area in which that vehicle is parked is reserved or | 3 | | otherwise
unavailable to unauthorized vehicles and they | 4 | | are subject to being removed
at the owner or operator's | 5 | | expense, any property owner or lessor, prior to
towing or | 6 | | removing any vehicle from private property without the | 7 | | consent of
the owner or other legally authorized person in | 8 | | control of that vehicle,
must post a notice meeting the | 9 | | following requirements:
| 10 | | a. Except as otherwise provided in subparagraph | 11 | | a.1 of this subdivision (f)5, the notice must be | 12 | | prominently placed at each driveway access or curb
cut | 13 | | allowing vehicular access to the property within 5 feet | 14 | | from the public
right-of-way line. If there are no | 15 | | curbs or access barriers, the sign must
be posted not | 16 | | less than one sign each 100 feet of lot frontage.
| 17 | | a.1. In a municipality with a population of less | 18 | | than 250,000, as an alternative to the requirement of | 19 | | subparagraph a of this subdivision (f)5, the notice for | 20 | | a parking lot contained within property used solely for | 21 | | a 2-family, 3-family, or 4-family residence may be | 22 | | prominently placed at the perimeter of the parking lot, | 23 | | in a position where the notice is visible to the | 24 | | occupants of vehicles entering the lot.
| 25 | | b. The notice must indicate clearly, in not less | 26 | | than 2 inch high
light-reflective letters on a |
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| 1 | | contrasting background, that unauthorized
vehicles | 2 | | will be towed away at the owner's expense.
| 3 | | c. The notice must also provide the name and | 4 | | current telephone
number of the towing service towing | 5 | | or removing the vehicle.
| 6 | | d. The sign structure containing the required | 7 | | notices must be
permanently installed with the bottom | 8 | | of the sign not less than 4 feet
above ground level, | 9 | | and must be continuously maintained on the property for
| 10 | | not less than 24 hours prior to the towing or removing | 11 | | of any vehicle.
| 12 | | 6. Any towing service that tows or removes vehicles and | 13 | | proposes to
require the owner, operator, or person in | 14 | | control of the vehicle to pay the
costs of towing and | 15 | | storage prior to redemption of the vehicle must file
and | 16 | | keep on record with the local law enforcement agency a | 17 | | complete copy of
the current rates to be charged for such | 18 | | services, and post at the storage
site an identical rate | 19 | | schedule and any written contracts with property
owners, | 20 | | lessors, or persons in control of property which authorize | 21 | | them to
remove vehicles as provided in this Section.
The | 22 | | towing and storage charges, however, shall not exceed the | 23 | | maximum allowed by the Illinois Commerce Commission under | 24 | | Section 18a-200.
| 25 | | 7. No person shall engage in the removal of vehicles | 26 | | from private
property as described in this Section without |
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| 1 | | filing a notice of intent
in each community where he | 2 | | intends to do such removal, and such
notice shall be filed | 3 | | at least 7 days before commencing such towing.
| 4 | | 8. No removal of a vehicle from private property shall | 5 | | be done except
upon express written instructions of the | 6 | | owners or persons in charge of the
private property upon | 7 | | which the vehicle is said to be trespassing.
| 8 | | 9. Vehicle entry for the purpose of removal shall be | 9 | | allowed with
reasonable care on the part of the person or | 10 | | firm towing the vehicle. Such
person or firm shall be | 11 | | liable for any damages occasioned to the vehicle if
such | 12 | | entry is not in accordance with the standards of reasonable | 13 | | care.
| 14 | | 10. When a vehicle has been towed or removed pursuant | 15 | | to this Section,
it must be released to its owner or | 16 | | custodian within one half hour after
requested, if such | 17 | | request is made during business hours. Any vehicle owner
or | 18 | | custodian or agent shall have the right to inspect the | 19 | | vehicle before
accepting its return, and no release or | 20 | | waiver of any kind which would
release the towing service | 21 | | from liability for damages incurred during the
towing and | 22 | | storage may be required from any vehicle owner or other | 23 | | legally
authorized person as a condition of release of the | 24 | | vehicle. A detailed,
signed receipt showing the legal name | 25 | | of the towing service must be given
to the person paying | 26 | | towing or storage charges at the time of payment,
whether |
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| 1 | | requested or not.
| 2 | | This Section shall not apply to law enforcement, | 3 | | firefighting, rescue,
ambulance, or other emergency vehicles | 4 | | which are marked as such or to
property owned by any | 5 | | governmental entity.
| 6 | | When an authorized person improperly causes a motor vehicle | 7 | | to be
removed, such person shall be liable to the owner or | 8 | | lessee of the vehicle
for the cost or removal, transportation | 9 | | and storage, any damages resulting
from the removal, | 10 | | transportation and storage, attorney's fee and court costs.
| 11 | | Any towing or storage charges accrued shall be payable by | 12 | | the use of any
major credit card, in addition to being payable | 13 | | in cash.
| 14 | | 11. Towing companies shall also provide insurance | 15 | | coverage for areas
where vehicles towed under the | 16 | | provisions of this Chapter will be impounded
or otherwise | 17 | | stored, and shall adequately cover loss by fire, theft or
| 18 | | other risks.
| 19 | | Any person who fails to comply with the conditions and | 20 | | restrictions of
this subsection shall be guilty of a Class C | 21 | | misdemeanor and shall be fined
not less than $100 nor more than | 22 | | $500.
| 23 | | (g)(1) When a vehicle is determined to be a hazardous | 24 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 25 | | Illinois Municipal Code, its
removal and impoundment by a | 26 | | towing service may be authorized by a law
enforcement agency |
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| 1 | | with appropriate jurisdiction.
| 2 | | (2) When a vehicle removal from either public or private | 3 | | property is
authorized by a law enforcement agency, the owner | 4 | | of the vehicle shall be
responsible for all towing and storage | 5 | | charges.
| 6 | | (3) Vehicles removed from public or private property and
| 7 | | stored by a commercial vehicle relocator or any other towing | 8 | | service authorized by a law enforcement agency in
compliance | 9 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 10 | | at the request of the vehicle owner or operator,
shall
be | 11 | | subject to a possessor lien for services
pursuant to the Labor | 12 | | and Storage Lien Act or the Labor and Storage Lien (Small | 13 | | Amount) Act. The provisions of Section 1 of that Act relating | 14 | | to notice
and implied consent shall be deemed satisfied by | 15 | | compliance with Section
18a-302 and subsection (6) of Section | 16 | | 18a-300. In no event shall such lien
be greater than the rate | 17 | | or rates established in accordance with subsection
(6) of | 18 | | Section 18a-200 of this Code. In no event shall such lien be
| 19 | | increased or altered to reflect any charge for services or | 20 | | materials
rendered in addition to those authorized by this Act. | 21 | | Every such lien
shall be payable by use of any major credit | 22 | | card, in addition to being
payable in cash.
| 23 | | (4) Any personal property belonging to the vehicle owner in | 24 | | a vehicle subject to a lien under this
subsection
(g) shall | 25 | | likewise be subject to that lien, excepting only:
child | 26 | | restraint systems as defined in Section 4 of the Child |
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| 1 | | Passenger Protection Act and other child booster seats; | 2 | | eyeglasses; food; medicine; perishable property; any | 3 | | operator's licenses; any cash, credit
cards, or checks or | 4 | | checkbooks; any wallet, purse, or other property
containing any | 5 | | operator's license or other identifying documents or | 6 | | materials,
cash, credit cards, checks, or checkbooks; and any | 7 | | personal property belonging to a person other than the vehicle | 8 | | owner if that person provides adequate proof that the personal | 9 | | property belongs to that person. The spouse, child, mother, | 10 | | father, brother, or sister of the vehicle owner may claim | 11 | | personal property excepted under this paragraph (4) if the | 12 | | person claiming the personal property provides the commercial | 13 | | vehicle relocator or towing service with the authorization of | 14 | | the vehicle owner. | 15 | | (5) This paragraph (5) applies only in the case of a | 16 | | vehicle that is towed as a result of being involved in an | 17 | | accident. In addition to the personal property excepted under | 18 | | paragraph (4), all other personal property in a vehicle subject | 19 | | to a lien under this subsection (g) is exempt from that lien | 20 | | and may be claimed by the vehicle owner if the vehicle owner | 21 | | provides the commercial vehicle relocator or towing service | 22 | | with proof that the vehicle owner has an insurance policy | 23 | | covering towing and storage fees. The spouse, child, mother, | 24 | | father, brother, or sister of the vehicle owner may claim | 25 | | personal property in a vehicle subject to a lien under this | 26 | | subsection (g) if the person claiming the personal property |
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| 1 | | provides the commercial vehicle relocator or towing service | 2 | | with the authorization of the vehicle owner and proof that the | 3 | | vehicle owner has an insurance policy covering towing and | 4 | | storage fees. The regulation of liens on personal property and | 5 | | exceptions to those liens in the case of vehicles towed as a | 6 | | result of being involved in an accident are
exclusive powers | 7 | | and functions of the State. A home
rule unit may not regulate | 8 | | liens on personal property and exceptions to those liens in the | 9 | | case of vehicles towed as a result of being involved in an | 10 | | accident. This paragraph (5) is a denial and
limitation of home | 11 | | rule powers and functions under
subsection (h) of Section 6 of | 12 | | Article VII of the
Illinois Constitution. | 13 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 14 | | in its total amount; or
be increased or altered to reflect any | 15 | | charge for services or
materials rendered in addition to those | 16 | | authorized by this Act.
| 17 | | (h) Whenever a peace officer issues a citation to a driver | 18 | | for a violation of subsection (a) of Section 11-506 of this | 19 | | Code, the arresting officer may have the vehicle which the | 20 | | person was operating at the time of the arrest impounded for a | 21 | | period of 5 days after the time of arrest.
An impounding agency | 22 | | shall release a motor vehicle impounded under this subsection | 23 | | (h) to the registered owner of the vehicle under any of the | 24 | | following circumstances: | 25 | | (1) If the vehicle is a stolen vehicle; or | 26 | | (2) If the person ticketed for a violation of |
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| 1 | | subsection (a) of Section 11-506 of this Code was not | 2 | | authorized by the registered owner of the vehicle to | 3 | | operate the vehicle at the time of the violation; or | 4 | | (3) If the registered owner of the vehicle was neither | 5 | | the driver nor a passenger in the vehicle at the time of | 6 | | the violation or was unaware that the driver was using the | 7 | | vehicle to engage in street racing; or | 8 | | (4) If the legal owner or registered owner of the | 9 | | vehicle is a rental car agency; or | 10 | | (5) If, prior to the expiration of the impoundment | 11 | | period specified above, the citation is dismissed or the | 12 | | defendant is found not guilty of the offense.
| 13 | | (Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, | 14 | | eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10; | 15 | | 96-1506, eff. 1-27-11.)
| 16 | | (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
| 17 | | Sec. 4-205. Record searches.
| 18 | | (a) When a law enforcement agency authorizing the | 19 | | impounding of a vehicle
does not know the identity of the | 20 | | registered owner, lienholder or other legally
entitled person, | 21 | | that law enforcement agency or a towing company authorized by | 22 | | the law enforcement agency will cause the vehicle
registration | 23 | | records of the State of Illinois to be searched by the
| 24 | | Secretary of State for the purpose of obtaining the required | 25 | | ownership
information.
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| 1 | | (b) The law enforcement agency authorizing the impounding | 2 | | of a vehicle
will cause the stolen motor vehicle files of the | 3 | | State Police to be
searched by a directed communication to the | 4 | | State Police for stolen or
wanted information on the vehicle. | 5 | | When the State Police files are
searched with negative results, | 6 | | the information contained in the
National Crime Information | 7 | | Center (NCIC) files will be searched by the
State Police. The | 8 | | information determined from these record searches will
be | 9 | | returned to the requesting law enforcement agency or towing | 10 | | company authorized under subsection (a) of this Section for | 11 | | that entity's agency's
use in sending a notification by | 12 | | certified mail to the registered owner,
lienholder and other | 13 | | legally entitled persons advising where the vehicle
is held, | 14 | | requesting a disposition be made and setting forth public sale
| 15 | | information. Notification shall be sent no later than 10 | 16 | | business days after
the date the law enforcement agency | 17 | | impounds or authorizes the impounding of a
vehicle, provided | 18 | | that if the law enforcement agency or towing company authorized | 19 | | under subsection (a) of this Section is unable to determine the
| 20 | | identity of the registered owner, lienholder or other person | 21 | | legally entitled
to ownership of the impounded vehicle within a | 22 | | 10 business day period after
impoundment, then notification | 23 | | shall be sent no later than 2 days after the
date the identity | 24 | | of the registered owner, lienholder or other person legally
| 25 | | entitled to ownership of the impounded vehicle is determined. | 26 | | Exceptions to a
notification by certified mail to the |
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| 1 | | registered owner, lienholder and other
legally entitled | 2 | | persons are set forth in Section 4-209 of this Code.
| 3 | | (c) When ownership information is needed for a
towing | 4 | | service to give notification as required under this Code, the | 5 | | towing
service may cause the vehicle registration records of | 6 | | the State of Illinois to
be searched by the Secretary of State, | 7 | | and in such case, the towing service also shall give notice to | 8 | | all lienholders of record within the time period required for | 9 | | such other notices.
| 10 | | The written request of a towing service, in the form and
| 11 | | containing the information prescribed by the Secretary of State | 12 | | by rule, may be
transmitted to the Secretary of State in | 13 | | person, by U.S.
mail or other delivery service, by facsimile | 14 | | transmission, or by other
means the Secretary of State deems | 15 | | acceptable.
| 16 | | The Secretary of State shall provide the required | 17 | | information, or
a statement that the information was not found | 18 | | in the vehicle registration
records of the State, by U.S. mail | 19 | | or other delivery service, facsimile
transmission, as | 20 | | requested by the towing service, or by other means acceptable
| 21 | | to the Secretary of State.
| 22 | | (d) The Secretary of State may prescribe standards and | 23 | | procedures for
submission of requests for record searches and | 24 | | replies via computer link.
| 25 | | (e) Fees for services provided under this Section shall be | 26 | | in amounts
prescribed by the Secretary of State under Section |
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| 1 | | 3-821.1 of this Code.
Payment may be made by the towing service | 2 | | using cash, any commonly accepted
credit card, or any other | 3 | | means of payment deemed acceptable by the Secretary
of State.
| 4 | | (Source: P.A. 95-838, eff. 8-15-08.)
| 5 | | (625 ILCS 5/11-208.7) | 6 | | Sec. 11-208.7. Administrative fees and procedures for | 7 | | impounding vehicles for specified violations. | 8 | | (a) Any municipality may, consistent with this Section, | 9 | | provide by ordinance procedures for the release of properly | 10 | | impounded vehicles and for the imposition of a reasonable | 11 | | administrative fee related to its administrative and | 12 | | processing costs associated with the investigation, arrest, | 13 | | and detention of an offender, or the removal, impoundment, | 14 | | storage, and release of the vehicle. The administrative fee | 15 | | imposed by the municipality may be in addition to any fees
| 16 | | charged for the towing and storage of an impounded vehicle. The | 17 | | administrative fee shall be waived by the municipality upon | 18 | | verifiable proof that the vehicle was stolen at the time the | 19 | | vehicle was impounded. | 20 | | (b) Any ordinance establishing procedures for the release | 21 | | of properly impounded vehicles under this Section may impose | 22 | | fees for the following violations: | 23 | | (1) operation or use of a motor vehicle in the | 24 | | commission of, or in the attempt to commit, an offense for | 25 | | which a motor vehicle may be seized and forfeited pursuant |
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| 1 | | to Section 36-1 of the Criminal Code of 1961; or | 2 | | (2) driving under the influence of alcohol, another | 3 | | drug or drugs, an intoxicating compound or compounds, or | 4 | | any combination thereof, in violation of Section 11-501 of | 5 | | this Code; or | 6 | | (3) operation or use of a motor vehicle in the | 7 | | commission of, or in the attempt to commit, a felony or in | 8 | | violation of the Cannabis Control Act; or | 9 | | (4) operation or use of a motor vehicle in the | 10 | | commission of, or in the attempt to commit, an offense in | 11 | | violation of the Illinois Controlled Substances Act; or | 12 | | (5) operation or use of a motor vehicle in the | 13 | | commission of, or in the attempt to commit, an offense in | 14 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 15 | | Criminal Code of 1961; or | 16 | | (6) driving while a driver's license, permit, or | 17 | | privilege to operate a motor vehicle is suspended or | 18 | | revoked pursuant to Section 6-303 of this Code; except that | 19 | | vehicles shall not be subjected to seizure or impoundment | 20 | | if the suspension is for an unpaid citation (parking or | 21 | | moving) or due to failure to comply with emission testing; | 22 | | or | 23 | | (7) operation or use of a motor vehicle while | 24 | | soliciting, possessing, or attempting to solicit or | 25 | | possess cannabis or a controlled substance, as defined by | 26 | | the Cannabis Control Act or the Illinois Controlled |
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| 1 | | Substances Act; or | 2 | | (8) operation or use of a motor vehicle with an expired | 3 | | driver's license, in violation of Section 6-101 of this | 4 | | Code, if the period of expiration is greater than one year; | 5 | | or | 6 | | (9) operation or use of a motor vehicle without ever | 7 | | having been issued a driver's license or permit, in | 8 | | violation of Section 6-101 of this Code, or operating a | 9 | | motor vehicle without ever having been issued a driver's | 10 | | license or permit due to a person's age; or | 11 | | (10) operation or use of a motor vehicle by a person | 12 | | against whom a warrant has been issued by a circuit clerk | 13 | | in Illinois for failing to answer charges that the driver | 14 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 15 | | (11) operation or use of a motor vehicle in the | 16 | | commission of, or in the attempt to commit, an offense in | 17 | | violation of Article 16 or 16A of the Criminal Code of | 18 | | 1961; or | 19 | | (12) operation or use of a motor vehicle in the | 20 | | commission of, or in the attempt to commit, any other
| 21 | | misdemeanor or felony offense in violation of the Criminal | 22 | | Code of 1961, when so provided by
local ordinance. | 23 | | (c) The following shall apply to any fees imposed for | 24 | | administrative and processing costs pursuant to subsection | 25 | | (b): | 26 | | (1) All administrative fees and towing and storage |
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| 1 | | charges shall be imposed on the registered owner of the | 2 | | motor vehicle or the agents of that owner. | 3 | | (2) The fees shall be in addition to (i) any other | 4 | | penalties that may be assessed by a court of law for the | 5 | | underlying violations; and (ii) any towing or storage fees, | 6 | | or both, charged by the towing company. | 7 | | (3) The fees shall be uniform for all similarly | 8 | | situated vehicles. | 9 | | (4) The fees shall be collected by and paid to the | 10 | | municipality imposing the fees. | 11 | | (5) The towing or storage fees, or both, shall be | 12 | | collected by and paid to the person, firm, or entity that | 13 | | tows and stores the impounded vehicle. | 14 | | (d) Any ordinance establishing procedures for the release | 15 | | of properly impounded vehicles under this Section shall provide | 16 | | for an opportunity for a hearing, as provided in subdivision | 17 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 18 | | the vehicle to the owner of record, lessee, or a lienholder of | 19 | | record upon payment of all administrative fees and towing and | 20 | | storage fees. | 21 | | (e) Any ordinance establishing procedures for the | 22 | | impoundment
and release of vehicles under this Section shall | 23 | | include the following provisions concerning notice of | 24 | | impoundment: | 25 | | (1) Whenever
a police officer has cause to believe that | 26 | | a motor vehicle is subject to impoundment, the officer
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| 1 | | shall provide for the towing of the vehicle to a facility | 2 | | authorized by the municipality. | 3 | | (2) At the
time the vehicle is towed, the municipality | 4 | | shall notify or make a reasonable attempt to notify the
| 5 | | owner, lessee, or person identifying himself or herself as | 6 | | the owner or lessee of the vehicle, or any person
who is | 7 | | found to be in control of the vehicle at the time of the | 8 | | alleged offense, of the fact of the
seizure, and of the | 9 | | vehicle owner's or lessee's right to an administrative | 10 | | hearing. | 11 | | (3) The municipality shall
also provide notice that the | 12 | | motor vehicle will remain impounded pending the completion | 13 | | of an
administrative hearing, unless the owner or lessee of | 14 | | the vehicle or a lienholder posts with the
municipality a | 15 | | bond equal to the administrative fee as provided by | 16 | | ordinance and pays for all
towing and storage charges. | 17 | | (f) Any ordinance establishing procedures for the | 18 | | impoundment and
release of vehicles under this Section shall | 19 | | include a provision providing that the
registered owner or | 20 | | lessee of the vehicle and any lienholder of record shall be | 21 | | provided with a
notice of hearing. The notice shall: | 22 | | (1) be served upon the owner, lessee, and any | 23 | | lienholder of record either by personal service or by first | 24 | | class mail to the interested party's address as registered | 25 | | with the Secretary of State; | 26 | | (2) be served upon interested parties within 10 days |
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| 1 | | after a vehicle is impounded by the municipality; and | 2 | | (3) contain the date, time, and location of the | 3 | | administrative hearing. An
initial hearing shall be | 4 | | scheduled and convened no later than 15 working 45 days | 5 | | after the date of
the mailing of the notice of hearing. | 6 | | (g) In addition to the requirements contained in
| 7 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 8 | | administrative hearings, any ordinance providing for the | 9 | | impoundment
and release of vehicles under this Section shall | 10 | | include the following requirements concerning administrative | 11 | | hearings: | 12 | | (1) administrative hearings shall be conducted by a | 13 | | hearing officer who is an attorney licensed to practice law | 14 | | in this State for a minimum of 3 years; | 15 | | (1.5) no more than 2 continuances may be granted for | 16 | | the administrative hearing; | 17 | | (2) at the conclusion of the administrative hearing, | 18 | | the hearing officer shall issue
a written decision either | 19 | | sustaining or overruling the vehicle impoundment; | 20 | | (3) if the basis for the vehicle
impoundment is | 21 | | sustained by the administrative hearing officer, any | 22 | | administrative fee posted to
secure the release of the | 23 | | vehicle shall be forfeited to the municipality; | 24 | | (4) all final decisions of the administrative hearing | 25 | | officer shall be subject to
review under the provisions of | 26 | | the Administrative Review Law; and |
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| 1 | | (5) unless the administrative hearing
officer | 2 | | overturns the basis for the vehicle impoundment, no vehicle | 3 | | shall be released to the owner, lessee, or lienholder of | 4 | | record until
all administrative fees and towing and storage | 5 | | charges are paid. | 6 | | (h) Vehicles not retrieved from the towing facility or | 7 | | storage facility
within 5 working 35 days after the | 8 | | administrative hearing officer issues a written decision shall | 9 | | be deemed abandoned and disposed of in accordance with the | 10 | | provisions of Article II of Chapter
4 of this Code. | 11 | | (i) Unless stayed by a court of competent jurisdiction, any | 12 | | fine, penalty, or administrative fee imposed under this
Section | 13 | | which remains unpaid in whole or in part after the expiration | 14 | | of the deadline for seeking judicial
review under the | 15 | | Administrative Review Law may be enforced in the same manner as | 16 | | a judgment entered by a court of
competent jurisdiction.
| 17 | | (Source: P.A. 97-109, eff. 1-1-12.) | 18 | | Section 10. The Sale of Unclaimed Property Act is amended | 19 | | by changing Section 3 as follows:
| 20 | | (770 ILCS 90/3) (from Ch. 141, par. 3)
| 21 | | Sec. 3.
All persons other than common carriers having a | 22 | | lien on personal
property, by virtue of the Innkeepers Lien Act | 23 | | or for more than $2,000 by
virtue of the Labor and Storage Lien | 24 | | Act may enforce the lien by a sale of
the property, on giving |
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| 1 | | to the owner thereof, if he and his residence be
known to the | 2 | | person having such lien, 30 days' notice by certified mail, in
| 3 | | writing of the time and place of such sale, and if the owner or | 4 | | his place
of residence be unknown to the person having such | 5 | | lien, then upon his
filing his affidavit to that effect with | 6 | | the clerk of the circuit court in
the county where such | 7 | | property is situated; notice of the sale may be given
by | 8 | | publishing the same once in each week for 3 successive weeks in | 9 | | some
newspaper of general circulation published in the county, | 10 | | and out of the
proceeds of the sale all costs and charges for | 11 | | advertising and making the
same, and the amount of the lien | 12 | | shall be paid, and the surplus, if any,
shall be paid to the | 13 | | owner of the property or, if not claimed by said
owner, such | 14 | | surplus, if any, shall be disposed under the Uniform | 15 | | Disposition
of Unclaimed Property Act. All sales pursuant to | 16 | | this Section must be
public and conducted in a commercially | 17 | | reasonable manner so as to maximize
the net proceeds of the | 18 | | sale. Conformity to the requirements of this Act
shall be a | 19 | | perpetual bar to any action against such lienor by any person
| 20 | | for the recovery of such chattels or the value thereof or any | 21 | | damages
growing out of the failure of such person to receive | 22 | | such chattels.
| 23 | | A sale pursuant to this Section may be accomplished to | 24 | | enforce a lien for towing and storage of vehicles performed by | 25 | | any relocator or other towing service pursuant to the order of | 26 | | a law enforcement official or agency in accordance with Section |
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| 1 | | 4-201 through 4-214 of the Illinois Vehicle Code, whether or | 2 | | not the towing and storage was performed without the vehicle | 3 | | owner's consent. | 4 | | (Source: P.A. 87-206.)".
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