Rep. John D'Amico

Filed: 3/5/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2351

2    AMENDMENT NO. ______. Amend House Bill 2351 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 4-203, 11-1302, and 11-1431 as follows:
 
6    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
7    Sec. 4-203. Removal of motor vehicles or other vehicles;
8Towing or hauling away.
9    (a) When a vehicle is abandoned, or left unattended, on a
10toll highway, interstate highway, or expressway for 2 hours or
11more, its removal by a towing service may be authorized by a
12law enforcement agency having jurisdiction.
13    (b) When a vehicle is abandoned on a highway in an urban
14district 10 hours or more, its removal by a towing service may
15be authorized by a law enforcement agency having jurisdiction.
16    (c) When a vehicle is abandoned or left unattended on a

 

 

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1highway other than a toll highway, interstate highway, or
2expressway, outside of an urban district for 24 hours or more,
3its removal by a towing service may be authorized by a law
4enforcement agency having jurisdiction.
5    (d) When an abandoned, unattended, wrecked, burned or
6partially dismantled vehicle is creating a traffic hazard
7because of its position in relation to the highway or its
8physical appearance is causing the impeding of traffic, its
9immediate removal from the highway or private property adjacent
10to the highway by a towing service may be authorized by a law
11enforcement agency having jurisdiction. If the owner of a
12disabled vehicle is present at the scene of the disabled
13vehicle and, in the officer's opinion, the disabled vehicle is
14not obstructing traffic, the officer shall allow the owner of
15the vehicle to specify which towing service the owner would
16like to relocate the disabled vehicle. If the owner chooses not
17to specify a towing service, the officer may select a towing
18service for the vehicle. Any tow initiated by a law enforcement
19agency or officer shall be communicated by the law enforcement
20agency directly to the tow company by phone or computer.
21    (e) Whenever a peace officer reasonably believes that a
22person under arrest for a violation of Section 11-501 of this
23Code or a similar provision of a local ordinance is likely,
24upon release, to commit a subsequent violation of Section
2511-501, or a similar provision of a local ordinance, the
26arresting officer shall have the vehicle which the person was

 

 

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1operating at the time of the arrest impounded for a period of
2not more than 12 hours after the time of arrest. However, such
3vehicle may be released by the arresting law enforcement agency
4prior to the end of the impoundment period if:
5        (1) the vehicle was not owned by the person under
6    arrest, and the lawful owner requesting such release
7    possesses a valid operator's license, proof of ownership,
8    and would not, as determined by the arresting law
9    enforcement agency, indicate a lack of ability to operate a
10    motor vehicle in a safe manner, or who would otherwise, by
11    operating such motor vehicle, be in violation of this Code;
12    or
13        (2) the vehicle is owned by the person under arrest,
14    and the person under arrest gives permission to another
15    person to operate such vehicle, provided however, that the
16    other person possesses a valid operator's license and would
17    not, as determined by the arresting law enforcement agency,
18    indicate a lack of ability to operate a motor vehicle in a
19    safe manner or who would otherwise, by operating such motor
20    vehicle, be in violation of this Code.
21    (e-5) Whenever a registered owner of a vehicle is taken
22into custody for operating the vehicle in violation of Section
2311-501 of this Code or a similar provision of a local ordinance
24or Section 6-303 of this Code, a law enforcement officer may
25have the vehicle immediately impounded for a period not less
26than:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    schedule and any written contracts with property owners,
2    lessors, or persons in control of property which authorize
3    them to remove vehicles as provided in this Section. The
4    towing and storage charges, however, shall not exceed the
5    maximum allowed by the Illinois Commerce Commission under
6    Section 18a-200.
7        7. No person shall engage in the removal of vehicles
8    from private property as described in this Section without
9    filing a notice of intent in each community where he
10    intends to do such removal, and such notice shall be filed
11    at least 7 days before commencing such towing.
12        8. No removal of a vehicle from private property shall
13    be done except upon express written instructions of the
14    owners or persons in charge of the private property upon
15    which the vehicle is said to be trespassing.
16        9. Vehicle entry for the purpose of removal shall be
17    allowed with reasonable care on the part of the person or
18    firm towing the vehicle. Such person or firm shall be
19    liable for any damages occasioned to the vehicle if such
20    entry is not in accordance with the standards of reasonable
21    care.
22        10. When a vehicle has been towed or removed pursuant
23    to this Section, it must be released to its owner or
24    custodian within one half hour after requested, if such
25    request is made during business hours. Any vehicle owner or
26    custodian or agent shall have the right to inspect the

 

 

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

 

 

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1    Any person who fails to comply with the conditions and
2restrictions of this subsection shall be guilty of a Class C
3misdemeanor and shall be fined not less than $100 nor more than
4$500.
5    (g)(1) When a vehicle is determined to be a hazardous
6dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
7Illinois Municipal Code or Section 5-12002.1 of the Counties
8Code, its removal and impoundment by a towing service may be
9authorized by a law enforcement agency with appropriate
10jurisdiction.
11    (2) When a vehicle removal from either public or private
12property is authorized by a law enforcement agency, the owner
13of the vehicle shall be responsible for all towing and storage
14charges.
15    (3) Vehicles removed from public or private property and
16stored by a commercial vehicle relocator or any other towing
17service authorized by a law enforcement agency in compliance
18with this Section and Sections 4-201 and 4-202 of this Code, or
19at the request of the vehicle owner or operator, shall be
20subject to a possessor lien for services pursuant to the Labor
21and Storage Lien (Small Amount) Act. The provisions of Section
221 of that Act relating to notice and implied consent shall be
23deemed satisfied by compliance with Section 18a-302 and
24subsection (6) of Section 18a-300. In no event shall such lien
25be greater than the rate or rates established in accordance
26with subsection (6) of Section 18a-200 of this Code. In no

 

 

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1event shall such lien be increased or altered to reflect any
2charge for services or materials rendered in addition to those
3authorized by this Act. Every such lien shall be payable by use
4of any major credit card, in addition to being payable in cash.
5    (4) Any personal property belonging to the vehicle owner in
6a vehicle subject to a lien under this subsection (g) shall
7likewise be subject to that lien, excepting only: child
8restraint systems as defined in Section 4 of the Child
9Passenger Protection Act and other child booster seats;
10eyeglasses; food; medicine; perishable property; any
11operator's licenses; any cash, credit cards, or checks or
12checkbooks; any wallet, purse, or other property containing any
13operator's license or other identifying documents or
14materials, cash, credit cards, checks, or checkbooks; and any
15personal property belonging to a person other than the vehicle
16owner if that person provides adequate proof that the personal
17property belongs to that person. The spouse, child, mother,
18father, brother, or sister of the vehicle owner may claim
19personal property excepted under this paragraph (4) if the
20person claiming the personal property provides the commercial
21vehicle relocator or towing service with the authorization of
22the vehicle owner.
23    (5) This paragraph (5) applies only in the case of a
24vehicle that is towed as a result of being involved in an
25accident. In addition to the personal property excepted under
26paragraph (4), all other personal property in a vehicle subject

 

 

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1to a lien under this subsection (g) is exempt from that lien
2and may be claimed by the vehicle owner if the vehicle owner
3provides the commercial vehicle relocator or towing service
4with proof that the vehicle owner has an insurance policy
5covering towing and storage fees. The spouse, child, mother,
6father, brother, or sister of the vehicle owner may claim
7personal property in a vehicle subject to a lien under this
8subsection (g) if the person claiming the personal property
9provides the commercial vehicle relocator or towing service
10with the authorization of the vehicle owner and proof that the
11vehicle owner has an insurance policy covering towing and
12storage fees. The regulation of liens on personal property and
13exceptions to those liens in the case of vehicles towed as a
14result of being involved in an accident are exclusive powers
15and functions of the State. A home rule unit may not regulate
16liens on personal property and exceptions to those liens in the
17case of vehicles towed as a result of being involved in an
18accident. This paragraph (5) is a denial and limitation of home
19rule powers and functions under subsection (h) of Section 6 of
20Article VII of the Illinois Constitution.
21    (6) No lien under this subsection (g) shall: exceed $2,000
22in its total amount; or be increased or altered to reflect any
23charge for services or materials rendered in addition to those
24authorized by this Act.
25    (h) Whenever a peace officer issues a citation to a driver
26for a violation of subsection (a) of Section 11-506 of this

 

 

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1Code, the arresting officer may have the vehicle which the
2person was operating at the time of the arrest impounded for a
3period of 5 days after the time of arrest. An impounding agency
4shall release a motor vehicle impounded under this subsection
5(h) to the registered owner of the vehicle under any of the
6following circumstances:
7        (1) If the vehicle is a stolen vehicle; or
8        (2) If the person ticketed for a violation of
9    subsection (a) of Section 11-506 of this Code was not
10    authorized by the registered owner of the vehicle to
11    operate the vehicle at the time of the violation; or
12        (3) If the registered owner of the vehicle was neither
13    the driver nor a passenger in the vehicle at the time of
14    the violation or was unaware that the driver was using the
15    vehicle to engage in street racing; or
16        (4) If the legal owner or registered owner of the
17    vehicle is a rental car agency; or
18        (5) If, prior to the expiration of the impoundment
19    period specified above, the citation is dismissed or the
20    defendant is found not guilty of the offense.
21(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
2297-779, eff. 7-13-12.)
 
23    (625 ILCS 5/11-1302)  (from Ch. 95 1/2, par. 11-1302)
24    Sec. 11-1302. Officers authorized to remove vehicles.
25    (a) Whenever any police officer finds a vehicle in

 

 

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1violation of any of the provisions of Section 11-1301 such
2officer is hereby authorized to move such vehicle, or require
3the driver or other person in charge of the vehicle to move the
4same, to a position off the roadway. If the owner of a disabled
5vehicle is present at the scene of the disabled vehicle and, in
6the officer's opinion, the disabled vehicle is not obstructing
7traffic, the officer shall allow the owner of the vehicle to
8specify which towing service the owner would like to relocate
9the disabled vehicle. If the owner chooses not to specify a
10towing service, the officer may select a towing service for the
11vehicle. Any tow initiated by a law enforcement agency or
12officer shall be communicated by the law enforcement agency
13directly to the tow company by phone or computer.
14    (b) Any police officer is hereby authorized to remove or
15cause to be removed to a place of safety any unattended vehicle
16illegally left standing upon any highway, bridge, causeway, or
17in a tunnel, in such a position or under such circumstances as
18to obstruct the normal movement of traffic.
19    Whenever the Department finds an abandoned or disabled
20vehicle standing upon the paved or main-traveled part of a
21highway, which vehicle is or may be expected to interrupt the
22free flow of traffic on the highway or interfere with the
23maintenance of the highway, the Department is authorized to
24move the vehicle to a position off the paved or improved or
25main-traveled part of the highway.
26    (c) Any police officer is hereby authorized to remove or

 

 

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1cause to be removed to the nearest garage or other place of
2safety any vehicle found upon a highway when:
3        1. report has been made that such vehicle has been
4    stolen or taken without the consent of its owner, or
5        2. the person or persons in charge of such vehicle are
6    unable to provide for its custody or removal, or
7        3. When the person driving or in control of such
8    vehicle is arrested for an alleged offense for which the
9    officer is required by law to take the person arrested
10    before a proper magistrate without unnecessary delay, or
11        4. When the registration of the vehicle has been
12    suspended, cancelled, or revoked.
13(Source: P.A. 97-743, eff. 1-1-13; revised 8-3-12.)
 
14    (625 ILCS 5/11-1431)
15    Sec. 11-1431. Solicitations at accident or disablement
16scene prohibited. A tower, as defined by Section 1-205.2 of
17this Code, or an employee or agent of a tower may not: (i) stop
18at the scene of a motor vehicle accident or at or near a
19damaged or disabled vehicle for the purpose of soliciting the
20owner or operator of the damaged or disabled vehicle to enter
21into a towing service transaction; or (ii) stop at the scene of
22an accident or at or near a damaged or disabled vehicle unless
23called to the location by a law enforcement officer, the
24Illinois Department of Transportation, the Illinois State Toll
25Highway Authority, a local agency having jurisdiction over the

 

 

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1highway, or the owner or operator of the damaged or disabled
2vehicle. Any tow initiated by a law enforcement agency or
3officer shall be communicated by the law enforcement agency
4directly to the tow company by phone or computer. This Section
5shall not apply to employees of the Department, the Illinois
6State Toll Highway Authority, or local agencies when engaged in
7their official duties. Nothing in this Section shall prevent a
8tower from stopping at the scene of a motor vehicle accident or
9at or near a damaged or disabled vehicle if the owner or
10operator signals the tower for assistance from the location of
11the motor vehicle accident or damaged or disabled vehicle.
12(Source: P.A. 96-1376, eff. 7-29-10.)".