Illinois General Assembly - Full Text of Public Act 097-0109
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Public Act 097-0109


 

Public Act 0109 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0109
 
HB1220 EnrolledLRB097 06352 HEP 46432 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by adding
Section 11-208.7 as follows:
 
    (625 ILCS 5/11-208.7 new)
    Sec. 11-208.7. Administrative fees and procedures for
impounding vehicles for specified violations.
    (a) Any municipality may, consistent with this Section,
provide by ordinance procedures for the release of properly
impounded vehicles and for the imposition of a reasonable
administrative fee related to its administrative and
processing costs associated with the investigation, arrest,
and detention of an offender, or the removal, impoundment,
storage, and release of the vehicle. The administrative fee
imposed by the municipality may be in addition to any fees
charged for the towing and storage of an impounded vehicle. The
administrative fee shall be waived by the municipality upon
verifiable proof that the vehicle was stolen at the time the
vehicle was impounded.
    (b) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section may impose
fees for the following violations:
        (1) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense for
    which a motor vehicle may be seized and forfeited pursuant
    to Section 36-1 of the Criminal Code of 1961; or
        (2) driving under the influence of alcohol, another
    drug or drugs, an intoxicating compound or compounds, or
    any combination thereof, in violation of Section 11-501 of
    this Code; or
        (3) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, a felony or in
    violation of the Cannabis Control Act; or
        (4) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense in
    violation of the Illinois Controlled Substances Act; or
        (5) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense in
    violation of Section 24-1, 24-1.5, or 24-3.1 of the
    Criminal Code of 1961; or
        (6) driving while a driver's license, permit, or
    privilege to operate a motor vehicle is suspended or
    revoked pursuant to Section 6-303 of this Code; except that
    vehicles shall not be subjected to seizure or impoundment
    if the suspension is for an unpaid citation (parking or
    moving) or due to failure to comply with emission testing;
    or
        (7) operation or use of a motor vehicle while
    soliciting, possessing, or attempting to solicit or
    possess cannabis or a controlled substance, as defined by
    the Cannabis Control Act or the Illinois Controlled
    Substances Act; or
        (8) operation or use of a motor vehicle with an expired
    driver's license, in violation of Section 6-101 of this
    Code, if the period of expiration is greater than one year;
    or
        (9) operation or use of a motor vehicle without ever
    having been issued a driver's license or permit, in
    violation of Section 6-101 of this Code, or operating a
    motor vehicle without ever having been issued a driver's
    license or permit due to a person's age; or
        (10) operation or use of a motor vehicle by a person
    against whom a warrant has been issued by a circuit clerk
    in Illinois for failing to answer charges that the driver
    violated Section 6-101, 6-303, or 11-501 of this Code; or
        (11) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, an offense in
    violation of Article 16 or 16A of the Criminal Code of
    1961; or
        (12) operation or use of a motor vehicle in the
    commission of, or in the attempt to commit, any other
    misdemeanor or felony offense in violation of the Criminal
    Code of 1961, when so provided by local ordinance.
    (c) The following shall apply to any fees imposed for
administrative and processing costs pursuant to subsection
(b):
        (1) All administrative fees and towing and storage
    charges shall be imposed on the registered owner of the
    motor vehicle or the agents of that owner.
        (2) The fees shall be in addition to (i) any other
    penalties that may be assessed by a court of law for the
    underlying violations; and (ii) any towing or storage fees,
    or both, charged by the towing company.
        (3) The fees shall be uniform for all similarly
    situated vehicles.
        (4) The fees shall be collected by and paid to the
    municipality imposing the fees.
        (5) The towing or storage fees, or both, shall be
    collected by and paid to the person, firm, or entity that
    tows and stores the impounded vehicle.
    (d) Any ordinance establishing procedures for the release
of properly impounded vehicles under this Section shall provide
for an opportunity for a hearing, as provided in subdivision
(b)(4) of Section 11-208.3 of this Code, and for the release of
the vehicle to the owner of record, lessee, or a lienholder of
record upon payment of all administrative fees and towing and
storage fees.
    (e) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include the following provisions concerning notice of
impoundment:
        (1) Whenever a police officer has cause to believe that
    a motor vehicle is subject to impoundment, the officer
    shall provide for the towing of the vehicle to a facility
    authorized by the municipality.
        (2) At the time the vehicle is towed, the municipality
    shall notify or make a reasonable attempt to notify the
    owner, lessee, or person identifying himself or herself as
    the owner or lessee of the vehicle, or any person who is
    found to be in control of the vehicle at the time of the
    alleged offense, of the fact of the seizure, and of the
    vehicle owner's or lessee's right to an administrative
    hearing.
        (3) The municipality shall also provide notice that the
    motor vehicle will remain impounded pending the completion
    of an administrative hearing, unless the owner or lessee of
    the vehicle or a lienholder posts with the municipality a
    bond equal to the administrative fee as provided by
    ordinance and pays for all towing and storage charges.
    (f) Any ordinance establishing procedures for the
impoundment and release of vehicles under this Section shall
include a provision providing that the registered owner or
lessee of the vehicle and any lienholder of record shall be
provided with a notice of hearing. The notice shall:
        (1) be served upon the owner, lessee, and any
    lienholder of record either by personal service or by first
    class mail to the interested party's address as registered
    with the Secretary of State;
        (2) be served upon interested parties within 10 days
    after a vehicle is impounded by the municipality; and
        (3) contain the date, time, and location of the
    administrative hearing. An initial hearing shall be
    scheduled and convened no later than 45 days after the date
    of the mailing of the notice of hearing.
    (g) In addition to the requirements contained in
subdivision (b)(4) of Section 11-208.3 of this Code relating to
administrative hearings, any ordinance providing for the
impoundment and release of vehicles under this Section shall
include the following requirements concerning administrative
hearings:
        (1) administrative hearings shall be conducted by a
    hearing officer who is an attorney licensed to practice law
    in this State for a minimum of 3 years;
        (2) at the conclusion of the administrative hearing,
    the hearing officer shall issue a written decision either
    sustaining or overruling the vehicle impoundment;
        (3) if the basis for the vehicle impoundment is
    sustained by the administrative hearing officer, any
    administrative fee posted to secure the release of the
    vehicle shall be forfeited to the municipality;
        (4) all final decisions of the administrative hearing
    officer shall be subject to review under the provisions of
    the Administrative Review Law; and
        (5) unless the administrative hearing officer
    overturns the basis for the vehicle impoundment, no vehicle
    shall be released to the owner, lessee, or lienholder of
    record until all administrative fees and towing and storage
    charges are paid.
    (h) Vehicles not retrieved from the towing facility or
storage facility within 35 days after the administrative
hearing officer issues a written decision shall be deemed
abandoned and disposed of in accordance with the provisions of
Article II of Chapter 4 of this Code.
    (i) Unless stayed by a court of competent jurisdiction, any
fine, penalty, or administrative fee imposed under this Section
which remains unpaid in whole or in part after the expiration
of the deadline for seeking judicial review under the
Administrative Review Law may be enforced in the same manner as
a judgment entered by a court of competent jurisdiction.

Effective Date: 1/1/2012