Full Text of HB0552 95th General Assembly
HB0552eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by adding | 5 |
| Section 11-208.7 as follows: | 6 |
| (625 ILCS 5/11-208.7 new) | 7 |
| Sec. 11-208.7. Administrative fees and procedures for | 8 |
| impounding vehicles for specified violations. | 9 |
| (a) Any municipality may, consistent with this Section, | 10 |
| provide by ordinance procedures for the release of properly | 11 |
| impounded vehicles and for the imposition of a reasonable | 12 |
| administrative fee related to its administrative and | 13 |
| processing costs associated with the removal, impoundment, | 14 |
| storage, and release of the vehicle. The administrative fee | 15 |
| shall be waived by the municipality upon verifiable proof that | 16 |
| the vehicle was stolen at the time the vehicle was impounded. | 17 |
| (b) Any ordinance establishing procedures for the release | 18 |
| of properly impounded vehicles under this Section may impose | 19 |
| fees for the following violations: | 20 |
| (1) operation or use of a motor vehicle in the | 21 |
| commission of, or in the attempt to commit, an offense for | 22 |
| which a motor vehicle may be seized and forfeited pursuant | 23 |
| to Section 36-1 of the Criminal Code of 1961; or |
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| (2) driving under the influence of alcohol, another | 2 |
| drug or drugs, an intoxicating compound or compounds, or | 3 |
| any combination thereof, in violation of Section 11-501 of | 4 |
| this Code; or | 5 |
| (3) operation or use of a motor vehicle in the | 6 |
| commission of, or in the attempt to commit, a felony or in | 7 |
| violation of the Cannabis Control Act; or | 8 |
| (4) operation or use of a motor vehicle in the | 9 |
| commission of, or in the attempt to commit, an offense in | 10 |
| violation of the Illinois Controlled Substances Act; or | 11 |
| (5) operation or use of a motor vehicle in the | 12 |
| commission of, or in the attempt to commit, an offense in | 13 |
| violation of Section 24-1, 24-1.5, or 24-3.1 of the | 14 |
| Criminal Code of 1961; or | 15 |
| (6) driving while a driver's license, permit, or | 16 |
| privilege to operate a motor vehicle is suspended or | 17 |
| revoked pursuant to Section 6-303 of this Code; except that | 18 |
| vehicles shall not be subjected to seizure or impoundment | 19 |
| if the suspension is for an unpaid citation (parking or | 20 |
| moving) or due to failure to comply with emission testing; | 21 |
| or | 22 |
| (7) operation or use of a motor vehicle while | 23 |
| soliciting, possessing, or attempting to solicit or | 24 |
| possess cannabis or a controlled substance, as defined by | 25 |
| the Cannabis Control Act or the Illinois Controlled | 26 |
| Substances Act; or |
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| (8) operation or use of a motor vehicle with an expired | 2 |
| driver's license, in violation of Section 6-101 of this | 3 |
| Code, if the period of expiration is greater than one year; | 4 |
| or | 5 |
| (9) operation or use of a motor vehicle without ever | 6 |
| having been issued a driver's license or permit, in | 7 |
| violation of Section 6-101 of this Code, or operating a | 8 |
| motor vehicle without ever having been issued a driver's | 9 |
| license or permit due to a person's age; or | 10 |
| (10) operation or use of a motor vehicle by a person | 11 |
| against whom a warrant has been issued by a circuit clerk | 12 |
| in Illinois for failing to answer charges that the driver | 13 |
| violated Section 6-101, 6-303, or 11-501 of this Code. | 14 |
| (c) The following shall apply to any fees imposed for | 15 |
| administrative and processing costs pursuant to subsection | 16 |
| (b): | 17 |
| (1) The fees shall be imposed on the registered owner | 18 |
| or the agents of that owner. | 19 |
| (2) The fees shall be in addition to any other | 20 |
| penalties that may be assessed by a court of law for the | 21 |
| underlying violations. | 22 |
| (3) The fees shall be uniform for all similarly | 23 |
| situated vehicles. | 24 |
| (4) The fees shall be collected by and paid to the | 25 |
| municipality imposing the fees. | 26 |
| (d) Any ordinance establishing procedures for the release |
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| of properly impounded vehicles under this Section shall provide | 2 |
| for an opportunity for a hearing, as provided in subdivision | 3 |
| (b)(4) of Section 11-208.3 of this Code, and for the release of | 4 |
| the vehicle to a lienholder of record upon payment of all | 5 |
| administrative fees.
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