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Public Act 100-0537


 

Public Act 0537 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0537
 
SB2185 EnrolledLRB100 12037 KTG 24668 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as Conor's Law.
 
    Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by adding Section
2605-54 as follows:
 
    (20 ILCS 2605/2605-54 new)
    Sec. 2605-54. Training policy; persons arrested while
under the influence of alcohol or drugs. The Department shall
adopt a policy and provide training to State Police officers
concerning response and care for persons under the influence of
alcohol or drugs. The policy shall be consistent with the
Alcoholism and Other Drug Abuse and Dependency Act and shall
provide guidance for the arrest of persons under the influence
of alcohol or drugs, proper medical attention if warranted, and
care and release of those persons from custody. The policy
shall provide guidance concerning the release of persons
arrested under the influence of alcohol or drugs who are under
the age of 21 years of age which shall include, but not be
limited to, language requiring the arresting officer to make a
reasonable attempt to contact a responsible adult who is
willing to take custody of the person who is under the
influence of alcohol or drugs.
 
    Section 10. The Illinois Police Training Act is amended by
adding Section 10.17-5 as follows:
 
    (50 ILCS 705/10.17-5 new)
    Sec. 10.17-5. Training policy; persons arrested while
under the influence of alcohol or drugs. The Board shall create
a model policy to train law enforcement officers to respond to
a person arrested who is under the influence of alcohol or
drugs and the eventual release of that person from custody. The
Board shall create a separate model policy for the release of
persons arrested under the influence of alcohol or drugs who
are under the age of 21 years of age. This policy shall
include, but not be limited to, language requiring the
arresting officer to make a reasonable attempt to contact a
responsible adult who is willing to take custody of the person
who is under the influence of alcohol or drugs.
 
    Section 15. The Illinois Vehicle Code is amended by
changing Section 4-203 as follows:
 
    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
    Sec. 4-203. Removal of motor vehicles or other vehicles;
towing or hauling away.
    (a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
    (b) When a vehicle is abandoned on a highway in an urban
district 10 hours or more, its removal by a towing service may
be authorized by a law enforcement agency having jurisdiction.
    (c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
    (d) When an abandoned, unattended, wrecked, burned or
partially dismantled vehicle is creating a traffic hazard
because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property adjacent
to the highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
    (e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of
not more than 12 hours after the time of arrest. However, such
vehicle may be released by the arresting law enforcement agency
prior to the end of the impoundment period if:
        (1) the vehicle was not owned by the person under
    arrest, and the lawful owner requesting such release
    possesses a valid operator's license, proof of ownership,
    and would not, as determined by the arresting law
    enforcement agency, indicate a lack of ability to operate a
    motor vehicle in a safe manner, or who would otherwise, by
    operating such motor vehicle, be in violation of this Code;
    or
        (2) the vehicle is owned by the person under arrest,
    and the person under arrest gives permission to another
    person to operate such vehicle, provided however, that the
    other person possesses a valid operator's license and would
    not, as determined by the arresting law enforcement agency,
    indicate a lack of ability to operate a motor vehicle in a
    safe manner or who would otherwise, by operating such motor
    vehicle, be in violation of this Code.
    (e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
        (1) 24 hours for a second violation of Section 11-501
    of this Code or a similar provision of a local ordinance or
    Section 6-303 of this Code or a combination of these
    offenses; or
        (2) 48 hours for a third violation of Section 11-501 of
    this Code or a similar provision of a local ordinance or
    Section 6-303 of this Code or a combination of these
    offenses.
    The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be
in violation of this Code.
    (f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of removal,
transportation or storage or damage caused by such removal,
transportation or storage. The towing or removal of any vehicle
from private property without the consent of the registered
owner or other legally authorized person in control of the
vehicle is subject to compliance with the following conditions
and restrictions:
        1. Any towed or removed vehicle must be stored at the
    site of the towing service's place of business. The site
    must be open during business hours, and for the purpose of
    redemption of vehicles, during the time that the person or
    firm towing such vehicle is open for towing purposes.
        2. The towing service shall within 30 minutes of
    completion of such towing or removal, notify the law
    enforcement agency having jurisdiction of such towing or
    removal, and the make, model, color and license plate
    number of the vehicle, and shall obtain and record the name
    of the person at the law enforcement agency to whom such
    information was reported.
        3. If the registered owner or legally authorized person
    entitled to possession of the vehicle shall arrive at the
    scene prior to actual removal or towing of the vehicle, the
    vehicle shall be disconnected from the tow truck and that
    person shall be allowed to remove the vehicle without
    interference, upon the payment of a reasonable service fee
    of not more than one half the posted rate of the towing
    service as provided in paragraph 6 of this subsection, for
    which a receipt shall be given.
        4. The rebate or payment of money or any other valuable
    consideration from the towing service or its owners,
    managers or employees to the owners or operators of the
    premises from which the vehicles are towed or removed, for
    the privilege of removing or towing those vehicles, is
    prohibited. Any individual who violates this paragraph
    shall be guilty of a Class A misdemeanor.
        5. Except for property appurtenant to and obviously a
    part of a single family residence, and except for instances
    where notice is personally given to the owner or other
    legally authorized person in control of the vehicle that
    the area in which that vehicle is parked is reserved or
    otherwise unavailable to unauthorized vehicles and they
    are subject to being removed at the owner or operator's
    expense, any property owner or lessor, prior to towing or
    removing any vehicle from private property without the
    consent of the owner or other legally authorized person in
    control of that vehicle, must post a notice meeting the
    following requirements:
            a. Except as otherwise provided in subparagraph
        a.1 of this subdivision (f)5, the notice must be
        prominently placed at each driveway access or curb cut
        allowing vehicular access to the property within 5 feet
        from the public right-of-way line. If there are no
        curbs or access barriers, the sign must be posted not
        less than one sign each 100 feet of lot frontage.
            a.1. In a municipality with a population of less
        than 250,000, as an alternative to the requirement of
        subparagraph a of this subdivision (f)5, the notice for
        a parking lot contained within property used solely for
        a 2-family, 3-family, or 4-family residence may be
        prominently placed at the perimeter of the parking lot,
        in a position where the notice is visible to the
        occupants of vehicles entering the lot.
            b. The notice must indicate clearly, in not less
        than 2 inch high light-reflective letters on a
        contrasting background, that unauthorized vehicles
        will be towed away at the owner's expense.
            c. The notice must also provide the name and
        current telephone number of the towing service towing
        or removing the vehicle.
            d. The sign structure containing the required
        notices must be permanently installed with the bottom
        of the sign not less than 4 feet above ground level,
        and must be continuously maintained on the property for
        not less than 24 hours prior to the towing or removing
        of any vehicle.
        6. Any towing service that tows or removes vehicles and
    proposes to require the owner, operator, or person in
    control of the vehicle to pay the costs of towing and
    storage prior to redemption of the vehicle must file and
    keep on record with the local law enforcement agency a
    complete copy of the current rates to be charged for such
    services, and post at the storage site an identical rate
    schedule and any written contracts with property owners,
    lessors, or persons in control of property which authorize
    them to remove vehicles as provided in this Section. The
    towing and storage charges, however, shall not exceed the
    maximum allowed by the Illinois Commerce Commission under
    Section 18a-200.
        7. No person shall engage in the removal of vehicles
    from private property as described in this Section without
    filing a notice of intent in each community where he
    intends to do such removal, and such notice shall be filed
    at least 7 days before commencing such towing.
        8. No removal of a vehicle from private property shall
    be done except upon express written instructions of the
    owners or persons in charge of the private property upon
    which the vehicle is said to be trespassing.
        9. Vehicle entry for the purpose of removal shall be
    allowed with reasonable care on the part of the person or
    firm towing the vehicle. Such person or firm shall be
    liable for any damages occasioned to the vehicle if such
    entry is not in accordance with the standards of reasonable
    care.
        9.5. Except as authorized by a law enforcement officer,
    no towing service shall engage in the removal of a
    commercial motor vehicle that requires a commercial
    driver's license to operate by operating the vehicle under
    its own power on a highway.
        10. When a vehicle has been towed or removed pursuant
    to this Section, it must be released to its owner or
    custodian within one half hour after requested, if such
    request is made during business hours. Any vehicle owner or
    custodian or agent shall have the right to inspect the
    vehicle before accepting its return, and no release or
    waiver of any kind which would release the towing service
    from liability for damages incurred during the towing and
    storage may be required from any vehicle owner or other
    legally authorized person as a condition of release of the
    vehicle. A detailed, signed receipt showing the legal name
    of the towing service must be given to the person paying
    towing or storage charges at the time of payment, whether
    requested or not.
    This Section shall not apply to law enforcement,
firefighting, rescue, ambulance, or other emergency vehicles
which are marked as such or to property owned by any
governmental entity.
    When an authorized person improperly causes a motor vehicle
to be removed, such person shall be liable to the owner or
lessee of the vehicle for the cost or removal, transportation
and storage, any damages resulting from the removal,
transportation and storage, attorney's fee and court costs.
    Any towing or storage charges accrued shall be payable by
the use of any major credit card, in addition to being payable
in cash.
        11. Towing companies shall also provide insurance
    coverage for areas where vehicles towed under the
    provisions of this Chapter will be impounded or otherwise
    stored, and shall adequately cover loss by fire, theft or
    other risks.
    Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
    (g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code or Section 5-12002.1 of the Counties
Code, its removal and impoundment by a towing service may be
authorized by a law enforcement agency with appropriate
jurisdiction.
    (2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
    (3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance
with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor
and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Act. Every such lien shall be payable by use
of any major credit card, in addition to being payable in cash.
    (4) Any personal property belonging to the vehicle owner in
a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child
restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any
operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing any
operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
    (5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in an
accident. In addition to the personal property excepted under
paragraph (4), all other personal property in a vehicle subject
to a lien under this subsection (g) is exempt from that lien
and may be claimed by the vehicle owner if the vehicle owner
provides the commercial vehicle relocator or towing service
with proof that the vehicle owner has an insurance policy
covering towing and storage fees. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property in a vehicle subject to a lien under this
subsection (g) if the person claiming the personal property
provides the commercial vehicle relocator or towing service
with the authorization of the vehicle owner and proof that the
vehicle owner has an insurance policy covering towing and
storage fees. The regulation of liens on personal property and
exceptions to those liens in the case of vehicles towed as a
result of being involved in an accident are exclusive powers
and functions of the State. A home rule unit may not regulate
liens on personal property and exceptions to those liens in the
case of vehicles towed as a result of being involved in an
accident. This paragraph (5) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
    (6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Act.
    (h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
        (1) If the vehicle is a stolen vehicle; or
        (2) If the person ticketed for a violation of
    subsection (a) of Section 11-506 of this Code was not
    authorized by the registered owner of the vehicle to
    operate the vehicle at the time of the violation; or
        (3) If the registered owner of the vehicle was neither
    the driver nor a passenger in the vehicle at the time of
    the violation or was unaware that the driver was using the
    vehicle to engage in street racing; or
        (4) If the legal owner or registered owner of the
    vehicle is a rental car agency; or
        (5) If, prior to the expiration of the impoundment
    period specified above, the citation is dismissed or the
    defendant is found not guilty of the offense.
    (i) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and
impoundment of the vehicle by a towing service.
(Source: P.A. 99-438, eff. 1-1-16.)

Effective Date: 6/1/2018