Full Text of HB5969 96th General Assembly
HB5969enr 96TH GENERAL ASSEMBLY
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HB5969 Enrolled |
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LRB096 17604 RLC 35819 b |
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| AN ACT concerning forfeiture.
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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 changing | 5 |
| Sections 3-821 and 4-203 as follows:
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| (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
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| Sec. 3-821. Miscellaneous Registration and Title Fees.
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| (a) The fee to be paid to the Secretary of State for the | 9 |
| following
certificates, registrations or evidences of proper | 10 |
| registration, or for
corrected or duplicate documents shall be | 11 |
| in accordance with the following
schedule:
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12 | | Certificate of Title, except for an all-terrain |
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13 | | vehicle or off-highway motorcycle |
$95 |
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14 | | Certificate of Title for an all-terrain vehicle |
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15 | | or off-highway motorcycle |
$30 |
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16 | | Certificate of Title for an all-terrain
vehicle |
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17 | | or off-highway motorcycle used for production |
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18 | | agriculture, or accepted by a dealer in trade | 13 |
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19 | | Certificate of Title for a low-speed vehicle | 30 |
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20 | | Transfer of Registration or any evidence of |
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21 | | proper registration
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$25 |
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22 | | Duplicate Registration Card for plates or other |
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23 | | evidence of proper registration |
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| 1 | | Duplicate Registration Sticker or Stickers, each | 20 |
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2 | | Duplicate Certificate of Title |
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3 | | Corrected Registration Card or Card for other |
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4 | | evidence of proper registration |
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5 | | Corrected Certificate of Title |
95 |
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6 | | Salvage Certificate |
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7 | | Fleet Reciprocity Permit |
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8 | | Prorate Decal |
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9 | | Prorate Backing Plate |
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10 | | Special Corrected Certificate of Title | 15
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11 | | Expedited Title Service (to be charged in addition | 12 | | to other applicable fees) | 30 |
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| A special corrected certificate of title shall be issued | 14 |
| (i) to remove a co-owner's name due to the death of the | 15 |
| co-owner or due to a divorce or (ii) to change a co-owner's | 16 |
| name due to a marriage.
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| There shall be no fee paid for a Junking Certificate.
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| There shall be no fee paid for a certificate of title | 19 |
| issued to a county when the vehicle is forfeited to the county | 20 |
| under Article 36 of the Criminal Code of 1961. | 21 |
| (a-5) The Secretary of State may revoke a certificate of | 22 |
| title and registration card and issue a corrected certificate | 23 |
| of title and registration card, at no fee to the vehicle owner | 24 |
| or lienholder, if there is proof that the vehicle | 25 |
| identification number is erroneously shown on the original | 26 |
| certificate of title.
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| (b) The Secretary may prescribe the maximum service charge | 2 |
| to be
imposed upon an applicant for renewal of a registration | 3 |
| by any person
authorized by law to receive and remit or | 4 |
| transmit to the Secretary such
renewal application and fees | 5 |
| therewith.
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| (c) If a check is delivered to the Office of the Secretary | 7 |
| of State
as payment of any fee or tax under this Code, and such | 8 |
| check is not
honored by the bank on which it is drawn for any | 9 |
| reason, the registrant
or other person tendering the check | 10 |
| remains liable for the payment of
such fee or tax. The | 11 |
| Secretary of State may assess a service charge of
$19
in | 12 |
| addition to the fee or tax due and owing for all dishonored
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| checks.
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| If the total amount then due and owing exceeds the sum of | 15 |
| $50 and
has not been paid in full within 60 days from the date | 16 |
| such fee or tax
became due to the Secretary of State, the | 17 |
| Secretary of State shall
assess a penalty of 25% of such amount | 18 |
| remaining unpaid.
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| All amounts payable under this Section shall be computed to | 20 |
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nearest dollar.
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| (d) The minimum fee and tax to be paid by any applicant for
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| apportionment of a fleet of vehicles under this Code shall be | 23 |
| $15
if the application was filed on or before the date | 24 |
| specified by the
Secretary together with fees and taxes due. If | 25 |
| an application and the
fees or taxes due are filed after the | 26 |
| date specified by the Secretary,
the Secretary may prescribe |
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| the payment of interest at the rate of 1/2
of 1% per month or | 2 |
| fraction thereof after such due date and a minimum of
$8.
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| (e) Trucks, truck tractors, truck tractors with loads, and | 4 |
| motor buses,
any one of which having a combined total weight in | 5 |
| excess of 12,000 lbs.
shall file an application for a Fleet | 6 |
| Reciprocity Permit issued by the
Secretary of State. This | 7 |
| permit shall be in the possession of any driver
operating a | 8 |
| vehicle on Illinois highways. Any foreign licensed vehicle of | 9 |
| the
second division operating at any time in Illinois without a | 10 |
| Fleet Reciprocity
Permit or other proper Illinois | 11 |
| registration, shall subject the operator to the
penalties | 12 |
| provided in Section 3-834 of this Code. For the purposes of | 13 |
| this
Code, "Fleet Reciprocity Permit" means any second division | 14 |
| motor vehicle with a
foreign license and used only in | 15 |
| interstate transportation of goods. The fee
for such permit | 16 |
| shall be $15 per fleet which shall include all
vehicles of the | 17 |
| fleet being registered.
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| (f) For purposes of this Section, "all-terrain vehicle or | 19 |
| off-highway
motorcycle used for production agriculture" means | 20 |
| any all-terrain vehicle or
off-highway motorcycle used in the | 21 |
| raising
of or the propagation of livestock, crops for sale for | 22 |
| human consumption,
crops for livestock consumption, and | 23 |
| production seed stock grown for the
propagation of feed grains | 24 |
| and the husbandry of animals or for the purpose
of providing a | 25 |
| food product, including the husbandry of blood stock as a
main | 26 |
| source of providing a food product.
"All-terrain vehicle or |
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| off-highway motorcycle used in production agriculture"
also | 2 |
| means any all-terrain vehicle or off-highway motorcycle used in | 3 |
| animal
husbandry, floriculture, aquaculture, horticulture, and | 4 |
| viticulture.
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| (g) All of the proceeds of the additional fees imposed by | 6 |
| Public Act 96-34 this amendatory Act of the 96th General | 7 |
| Assembly shall be deposited into the Capital Projects Fund. | 8 |
| (Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554, | 9 |
| eff. 1-1-10; 96-653, eff. 1-1-10; revised 9-15-09.)
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| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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| Sec. 4-203. Removal of motor vehicles or other vehicles; | 12 |
| Towing or
hauling away.
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| (a) When a vehicle is abandoned, or left unattended, on a | 14 |
| toll
highway, interstate highway, or expressway for 2 hours or | 15 |
| more, its
removal by a towing service may be authorized by a | 16 |
| law enforcement
agency having jurisdiction.
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| (b) When a vehicle is abandoned on a highway in an urban | 18 |
| district 10
hours or more, its removal by a towing service may | 19 |
| be authorized by a
law enforcement agency having jurisdiction.
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| (c) When a vehicle is abandoned or left unattended on a | 21 |
| highway
other than a toll highway, interstate highway, or | 22 |
| expressway, outside of
an urban district for 24 hours or more, | 23 |
| its removal by a towing service
may be authorized by a law | 24 |
| enforcement agency having jurisdiction.
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| (d) When an abandoned, unattended, wrecked, burned or |
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| partially
dismantled vehicle is creating a traffic hazard | 2 |
| because of its position
in relation to the highway or its | 3 |
| physical appearance is causing the
impeding of traffic, its | 4 |
| immediate removal from the highway or private
property adjacent | 5 |
| to the highway by a towing service may be authorized
by a law | 6 |
| enforcement agency having jurisdiction.
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| (e) Whenever a
peace officer reasonably believes that a | 8 |
| person under
arrest for a violation of Section 11-501 of this | 9 |
| Code or a similar
provision of a local ordinance is likely, | 10 |
| upon release, to commit a
subsequent violation of Section | 11 |
| 11-501, or a similar provision of a local
ordinance, the | 12 |
| arresting officer shall have the vehicle which the person
was | 13 |
| operating at the time of the arrest impounded for a period of | 14 |
| not more
than 12 hours after the time of arrest. However, such | 15 |
| vehicle may be
released by the arresting law enforcement agency | 16 |
| prior to the end of the
impoundment period if:
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| (1) the vehicle was not owned by the person under | 18 |
| arrest, and the lawful
owner requesting such release | 19 |
| possesses a valid operator's license, proof
of ownership, | 20 |
| and would not, as determined by the arresting law | 21 |
| enforcement
agency, indicate a lack of ability to operate a | 22 |
| motor vehicle in a safe
manner, or who would otherwise, by | 23 |
| operating such motor vehicle, be in
violation of this Code; | 24 |
| or
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| (2) the vehicle is owned by the person under arrest, | 26 |
| and the person
under arrest gives permission to another |
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| person to operate such vehicle,
provided however, that the | 2 |
| other person possesses a valid operator's license
and would | 3 |
| not, as determined by the arresting law enforcement
agency, | 4 |
| indicate a lack of ability to operate a motor vehicle in a | 5 |
| safe
manner or who would otherwise, by operating such motor | 6 |
| vehicle, be in
violation of this Code.
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| (e-5) Whenever a registered owner of a vehicle is taken | 8 |
| into custody for
operating the vehicle in violation of Section | 9 |
| 11-501 of this Code or a similar
provision of a local ordinance | 10 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 11 |
| have the vehicle immediately impounded for a period not less | 12 |
| than:
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| (1) 24 hours for a second violation of Section 11-501 | 14 |
| of this Code or a
similar provision of a local ordinance or | 15 |
| Section 6-303
of
this Code or a combination of these | 16 |
| offenses; or
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| (2) 48 hours for a third violation of Section 11-501 of | 18 |
| this Code or a
similar provision of a local ordinance or | 19 |
| Section 6-303 of this
Code or a combination of these | 20 |
| offenses.
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| The vehicle may be released sooner if the vehicle is owned | 22 |
| by the person
under arrest and the person under arrest gives | 23 |
| permission to another person to
operate the vehicle and that | 24 |
| other person possesses a valid operator's license
and would | 25 |
| not, as determined by the arresting law enforcement agency, | 26 |
| indicate
a lack of ability to operate a motor vehicle in a safe |
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| manner or would
otherwise, by operating the motor vehicle, be | 2 |
| in violation of this Code.
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| (f) Except as provided in Chapter 18a of this Code, the | 4 |
| owner or
lessor of privately owned real property within this | 5 |
| State, or any person
authorized by such owner or lessor, or any | 6 |
| law enforcement agency in the
case of publicly owned real | 7 |
| property may cause any motor vehicle abandoned
or left | 8 |
| unattended upon such property without permission to be removed | 9 |
| by a
towing service without liability for the costs of removal, | 10 |
| transportation
or storage or damage caused by such removal, | 11 |
| transportation or storage.
The towing or removal of any vehicle | 12 |
| from private property without the
consent of the registered | 13 |
| owner or other legally authorized person in
control of the | 14 |
| vehicle is subject to compliance with the following
conditions | 15 |
| and restrictions:
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| 1. Any towed or removed vehicle must be stored at the | 17 |
| site of the towing
service's place of business. The site | 18 |
| must be open during business hours,
and for the purpose of | 19 |
| redemption of vehicles, during the time that the
person or | 20 |
| firm towing such vehicle is open for towing purposes.
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| 2. The towing service shall within 30 minutes of | 22 |
| completion of such
towing or removal, notify the law | 23 |
| enforcement agency having jurisdiction of
such towing or | 24 |
| removal, and the make, model, color and license plate | 25 |
| number
of the vehicle, and shall obtain and record the name | 26 |
| of the person at the law
enforcement agency to whom such |
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| information was reported.
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| 3. If the registered owner or legally authorized person | 3 |
| entitled to
possession of the vehicle shall arrive at the | 4 |
| scene prior to actual removal
or towing of the vehicle, the | 5 |
| vehicle shall be disconnected from the tow
truck and that | 6 |
| person shall be allowed to remove the vehicle without
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| interference, upon the payment of a reasonable service fee | 8 |
| of not more than
one half the posted rate of the towing | 9 |
| service as provided in paragraph
6 of this subsection, for | 10 |
| which a receipt shall be given.
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| 4. The rebate or payment of money or any other valuable | 12 |
| consideration
from the towing service or its owners, | 13 |
| managers or employees to the owners
or operators of the | 14 |
| premises from which the vehicles are towed or removed,
for | 15 |
| the privilege of removing or towing those vehicles, is | 16 |
| prohibited. Any
individual who violates this paragraph | 17 |
| shall be guilty of a Class A
misdemeanor.
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| 5. Except for property appurtenant to and obviously a | 19 |
| part of a single
family residence, and except for instances | 20 |
| where notice is personally given
to the owner or other | 21 |
| legally authorized person in control of the vehicle
that | 22 |
| the area in which that vehicle is parked is reserved or | 23 |
| otherwise
unavailable to unauthorized vehicles and they | 24 |
| are subject to being removed
at the owner or operator's | 25 |
| expense, any property owner or lessor, prior to
towing or | 26 |
| removing any vehicle from private property without the |
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| consent of
the owner or other legally authorized person in | 2 |
| control of that vehicle,
must post a notice meeting the | 3 |
| following requirements:
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| a. Except as otherwise provided in subparagraph | 5 |
| a.1 of this subdivision (f)5, the notice must be | 6 |
| prominently placed at each driveway access or curb
cut | 7 |
| allowing vehicular access to the property within 5 feet | 8 |
| from the public
right-of-way line. If there are no | 9 |
| curbs or access barriers, the sign must
be posted not | 10 |
| less than one sign each 100 feet of lot frontage.
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| a.1. In a municipality with a population of less | 12 |
| than 250,000, as an alternative to the requirement of | 13 |
| subparagraph a of this subdivision (f)5, the notice for | 14 |
| a parking lot contained within property used solely for | 15 |
| a 2-family, 3-family, or 4-family residence may be | 16 |
| prominently placed at the perimeter of the parking lot, | 17 |
| in a position where the notice is visible to the | 18 |
| occupants of vehicles entering the lot.
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| b. The notice must indicate clearly, in not less | 20 |
| than 2 inch high
light-reflective letters on a | 21 |
| contrasting background, that unauthorized
vehicles | 22 |
| will be towed away at the owner's expense.
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| c. The notice must also provide the name and | 24 |
| current telephone
number of the towing service towing | 25 |
| or removing the vehicle.
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| d. The sign structure containing the required |
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| notices must be
permanently installed with the bottom | 2 |
| of the sign not less than 4 feet
above ground level, | 3 |
| and must be continuously maintained on the property for
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| not less than 24 hours prior to the towing or removing | 5 |
| of any vehicle.
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| 6. Any towing service that tows or removes vehicles and | 7 |
| proposes to
require the owner, operator, or person in | 8 |
| control of the vehicle to pay the
costs of towing and | 9 |
| storage prior to redemption of the vehicle must file
and | 10 |
| keep on record with the local law enforcement agency a | 11 |
| complete copy of
the current rates to be charged for such | 12 |
| services, and post at the storage
site an identical rate | 13 |
| schedule and any written contracts with property
owners, | 14 |
| lessors, or persons in control of property which authorize | 15 |
| them to
remove vehicles as provided in this Section.
The | 16 |
| towing and storage charges, however, shall not exceed the | 17 |
| maximum allowed by the Illinois Commerce Commission under | 18 |
| Section 18a-200.
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| 7. No person shall engage in the removal of vehicles | 20 |
| from private
property as described in this Section without | 21 |
| filing a notice of intent
in each community where he | 22 |
| intends to do such removal, and such
notice shall be filed | 23 |
| at least 7 days before commencing such towing.
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| 8. No removal of a vehicle from private property shall | 25 |
| be done except
upon express written instructions of the | 26 |
| owners or persons in charge of the
private property upon |
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| which the vehicle is said to be trespassing.
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| 9. Vehicle entry for the purpose of removal shall be | 3 |
| allowed with
reasonable care on the part of the person or | 4 |
| firm towing the vehicle. Such
person or firm shall be | 5 |
| liable for any damages occasioned to the vehicle if
such | 6 |
| entry is not in accordance with the standards of reasonable | 7 |
| care.
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| 10. When a vehicle has been towed or removed pursuant | 9 |
| to this Section,
it must be released to its owner or | 10 |
| custodian within one half hour after
requested, if such | 11 |
| request is made during business hours. Any vehicle owner
or | 12 |
| custodian or agent shall have the right to inspect the | 13 |
| vehicle before
accepting its return, and no release or | 14 |
| waiver of any kind which would
release the towing service | 15 |
| from liability for damages incurred during the
towing and | 16 |
| storage may be required from any vehicle owner or other | 17 |
| legally
authorized person as a condition of release of the | 18 |
| vehicle. A detailed,
signed receipt showing the legal name | 19 |
| of the towing service must be given
to the person paying | 20 |
| towing or storage charges at the time of payment,
whether | 21 |
| requested or not.
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| This Section shall not apply to law enforcement, | 23 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 24 |
| which are marked as such or to
property owned by any | 25 |
| governmental entity.
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| When an authorized person improperly causes a motor vehicle |
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| to be
removed, such person shall be liable to the owner or | 2 |
| lessee of the vehicle
for the cost or removal, transportation | 3 |
| and storage, any damages resulting
from the removal, | 4 |
| transportation and storage, attorney's fee and court costs.
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| Any towing or storage charges accrued shall be payable by | 6 |
| the use of any
major credit card, in addition to being payable | 7 |
| in cash.
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| 11. Towing companies shall also provide insurance | 9 |
| coverage for areas
where vehicles towed under the | 10 |
| provisions of this Chapter will be impounded
or otherwise | 11 |
| stored, and shall adequately cover loss by fire, theft or
| 12 |
| other risks.
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| Any person who fails to comply with the conditions and | 14 |
| restrictions of
this subsection shall be guilty of a Class C | 15 |
| misdemeanor and shall be fined
not less than $100 nor more than | 16 |
| $500.
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| (g) When a vehicle is determined to be a hazardous | 18 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 19 |
| Illinois Municipal Code, its
removal and impoundment by a | 20 |
| towing service may be authorized by a law
enforcement agency | 21 |
| with appropriate jurisdiction.
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| When a vehicle removal from either public or private | 23 |
| property is
authorized by a law enforcement agency, the owner | 24 |
| of the vehicle shall be
responsible for all towing and storage | 25 |
| charges.
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| Vehicles removed from public or private property and
stored |
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| by a commercial vehicle relocator or any other towing service | 2 |
| authorized by a law enforcement agency in
compliance with this | 3 |
| Section and Sections 4-201 and 4-202
of this Code, or at the | 4 |
| request of the vehicle owner or operator,
shall
be subject to a | 5 |
| possessor lien for services
pursuant to the Labor and Storage | 6 |
| Lien (Small Amount) Act. The provisions of Section 1 of that | 7 |
| Act relating to notice
and implied consent shall be deemed | 8 |
| satisfied by compliance with Section
18a-302 and subsection (6) | 9 |
| of Section 18a-300. In no event shall such lien
be greater than | 10 |
| the rate or rates established in accordance with subsection
(6) | 11 |
| of Section 18a-200 of this Code. In no event shall such lien be
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| increased or altered to reflect any charge for services or | 13 |
| materials
rendered in addition to those authorized by this Act. | 14 |
| Every such lien
shall be payable by use of any major credit | 15 |
| card, in addition to being
payable in cash.
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| Any personal property belonging to the vehicle owner in a | 17 |
| vehicle subject to a lien under this
subsection
(g) shall | 18 |
| likewise be subject to that lien, excepting only:
food; | 19 |
| medicine; perishable property; any operator's licenses; any | 20 |
| cash, credit
cards, or checks or checkbooks; and any wallet, | 21 |
| purse, or other property
containing any operator's license or | 22 |
| other identifying documents or materials,
cash, credit cards, | 23 |
| checks, or checkbooks.
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| No lien under this subsection (g) shall:
exceed $2,000 in | 25 |
| its total amount; or
be increased or altered to reflect any | 26 |
| charge for services or
materials rendered in addition to those |
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| authorized by this Act.
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| (h) Whenever a peace officer issues a citation to a driver | 3 |
| for a violation of subsection (a) of Section 11-506 of this | 4 |
| Code, the arresting officer may have the vehicle which the | 5 |
| person was operating at the time of the arrest impounded for a | 6 |
| period of 5 days after the time of arrest.
An impounding agency | 7 |
| shall release a motor vehicle impounded under this subsection | 8 |
| (h) to the registered owner of the vehicle under any of the | 9 |
| following circumstances: | 10 |
| (1) If the vehicle is a stolen vehicle; or | 11 |
| (2) If the person ticketed for a violation of | 12 |
| subsection (a) of Section 11-506 of this Code was not | 13 |
| authorized by the registered owner of the vehicle to | 14 |
| operate the vehicle at the time of the violation; or | 15 |
| (3) If the registered owner of the vehicle was neither | 16 |
| the driver nor a passenger in the vehicle at the time of | 17 |
| the violation or was unaware that the driver was using the | 18 |
| vehicle to engage in street racing; or | 19 |
| (4) If the legal owner or registered owner of the | 20 |
| vehicle is a rental car agency; or | 21 |
| (5) If, prior to the expiration of the impoundment | 22 |
| period specified above, the citation is dismissed or the | 23 |
| defendant is found not guilty of the offense.
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| (Source: P.A. 94-522, eff. 8-10-05; 94-784, eff. 1-1-07; | 25 |
| 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621, eff. 6-1-08; | 26 |
| 95-876, eff. 8-21-08.)
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| Section 10. The Criminal Code of 1961 is amended by adding | 2 |
| Section 36-5 as follows: | 3 |
| (720 ILCS 5/36-5 new) | 4 |
| Sec. 36-5. County or sheriff not liable for stored | 5 |
| forfeited vehicle. A county, sheriff, deputy sheriff, or | 6 |
| employee of the county sheriff shall not be civilly or | 7 |
| criminally liable for any damage to a forfeited vehicle stored | 8 |
| with a commercial vehicle safety relocator.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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