Rep. Michael J. Zalewski

Filed: 3/7/2011

 

 


 

 


 
09700HB1220ham002LRB097 06352 HEP 51658 a

1
AMENDMENT TO HOUSE BILL 1220

2    AMENDMENT NO. ______. Amend House Bill 1220 on page 1, line
313, by changing "the removal" to "the investigation, arrest,
4and detention of an offender, or the removal"; and
 
5on page 1, line 14, after "vehicle.", by inserting "The
6administrative fee imposed by the municipality may be in
7addition to any fees charged for the towing and storage of an
8impounded vehicle."; and
 
9on page 3, line 13, by changing "Code." to "Code; or"; and
 
10on page 3, by inserting after line 13 the following:
11        "(11) operation or use of a motor vehicle in the
12    commission of, or in the attempt to commit, an offense in
13    violation of Article 16 or 16A of the Criminal Code of
14    1961; or
15        (12) operation or use of a motor vehicle in the

 

 

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1    commission of, or in the attempt to commit, any other
2    misdemeanor or felony offense in violation of the Criminal
3    Code of 1961, when so provided by local ordinance."; and
 
4on page 3, line 17, by changing "The fees shall" to "All
5administrative fees and towing and storage charges shall"; and
 
6on page 3, line 17, after "owner", by inserting "of the motor
7vehicle"; and
 
8on page 3, line 19, after "to", by inserting "(i)"; and
 
9on page 3, line 21, after "violations", by inserting "; and
10(ii) any towing or storage fees, or both, charged by the towing
11company"; and
 
12on page 3, by inserting after line 25 the following:
13        "(5) The towing or storage fees, or both, shall be
14    collected by and paid to the person, firm, or entity that
15    tows and stores the impounded vehicle."; and
 
16on page 4, line 4, after "to", by inserting "the owner of
17record, lessee, or"; and
 
18on page 4, line 5, after "fees", by inserting "and towing and
19storage fees"; and
 

 

 

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1on page 4, by inserting after line 5 the following:
2    "(e) Any ordinance establishing procedures for the
3impoundment and release of vehicles under this Section shall
4include the following provisions concerning notice of
5impoundment:
6        (1) Whenever a police officer has cause to believe that
7    a motor vehicle is subject to impoundment, the officer
8    shall provide for the towing of the vehicle to a facility
9    authorized by the municipality.
10        (2) At the time the vehicle is towed, the municipality
11    shall notify or make a reasonable attempt to notify the
12    owner, lessee, or person identifying himself or herself as
13    the owner or lessee of the vehicle, or any person who is
14    found to be in control of the vehicle at the time of the
15    alleged offense, of the fact of the seizure, and of the
16    vehicle owner's or lessee's right to an administrative
17    hearing.
18        (3) The municipality shall also provide notice that the
19    motor vehicle will remain impounded pending the completion
20    of an administrative hearing, unless the owner or lessee of
21    the vehicle or a lienholder posts with the municipality a
22    bond equal to the administrative fee as provided by
23    ordinance and pays for all towing and storage charges.
24    (f) Any ordinance establishing procedures for the
25impoundment and release of vehicles under this Section shall

 

 

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1include a provision providing that the registered owner or
2lessee of the vehicle and any lienholder of record shall be
3provided with a notice of hearing. The notice shall:
4        (1) be served upon the owner, lessee, and any
5    lienholder of record either by personal service or by first
6    class mail to the interested party's address as registered
7    with the Secretary of State;
8        (2) be served upon interested parties within 10 days
9    after a vehicle is impounded by the municipality; and
10        (3) contain the date, time, and location of the
11    administrative hearing. An initial hearing shall be
12    scheduled and convened no later than 45 days after the date
13    of the mailing of the notice of hearing.
14    (g) In addition to the requirements contained in
15subdivision (b)(4) of Section 11-208.3 of this Code relating to
16administrative hearings, any ordinance providing for the
17impoundment and release of vehicles under this Section shall
18include the following requirements concerning administrative
19hearings:
20        (1) administrative hearings shall be conducted by a
21    hearing officer who is an attorney licensed to practice law
22    in this State for a minimum of 3 years;
23        (2) at the conclusion of the administrative hearing,
24    the hearing officer shall issue a written decision either
25    sustaining or overruling the vehicle impoundment;
26        (3) if the basis for the vehicle impoundment is

 

 

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1    sustained by the administrative hearing officer, any
2    administrative fee posted to secure the release of the
3    vehicle shall be forfeited to the municipality;
4        (4) all final decisions of the administrative hearing
5    officer shall be subject to review under the provisions of
6    the Administrative Review Law; and
7        (5) unless the administrative hearing officer
8    overturns the basis for the vehicle impoundment, no vehicle
9    shall be released to the owner, lessee, or lienholder of
10    record until all administrative fees and towing and storage
11    charges are paid.
12    (h) Vehicles not retrieved from the towing facility or
13storage facility within 35 days after the administrative
14hearing officer issues a written decision shall be deemed
15abandoned and disposed of in accordance with the provisions of
16Article II of Chapter 4 this Code.
17    (i) Unless stayed by a court of competent jurisdiction, any
18fine, penalty, or administrative fee imposed under this Section
19which remains unpaid in whole or in part after the expiration
20of the deadline for seeking judicial review under the
21Administrative Review Law may be enforced in the same manner as
22a judgment entered by a court of competent jurisdiction.".