103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2654

 

Introduced 1/10/2024, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/4-203  from Ch. 95 1/2, par. 4-203

    Amends the Illinois Vehicle Code. Prohibits medical devices, including hearing instruments, from being subjected to the liens that are ordinarily imposed on personal property in a vehicle that is subject to removal under the Code. Provides that a person who has indicated in a timely filed report to the appropriate law enforcement agency that a vehicle has been stolen or hijacked is not liable for a violation, fee, fine, lien, or penalty that is imposed under the Code's vehicle removal provisions while the vehicle is stolen or hijacked or that results from the vehicle being stolen or hijacked.


LRB103 35598 JDS 65671 b

 

 

A BILL FOR

 

SB2654LRB103 35598 JDS 65671 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 4-203 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 for 10 hours or more, its removal by a towing service
15may be authorized by a law enforcement agency having
16jurisdiction.
17    (c) When a vehicle is abandoned or left unattended on a
18highway other than a toll highway, interstate highway, or
19expressway, outside of an urban district for 24 hours or more,
20its removal by a towing service may be authorized by a law
21enforcement agency having jurisdiction.
22    (d) When an abandoned, unattended, wrecked, burned, or
23partially dismantled vehicle is creating a traffic hazard

 

 

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1because of its position in relation to the highway or its
2physical appearance is causing the impeding of traffic, its
3immediate removal from the highway or private property
4adjacent to the highway by a towing service may be authorized
5by a law enforcement agency having jurisdiction.
6    (e) Whenever a peace officer reasonably believes that a
7person under arrest for a violation of Section 11-501 of this
8Code or a similar provision of a local ordinance is likely,
9upon release, to commit a subsequent violation of Section
1011-501, or a similar provision of a local ordinance, the
11arresting officer shall have the vehicle which the person was
12operating at the time of the arrest impounded for a period of
1312 hours after the time of arrest. However, such vehicle may be
14released by the arresting law enforcement agency prior to the
15end of the impoundment period if:
16        (1) the vehicle was not owned by the person under
17    arrest, and the lawful owner requesting such release
18    possesses a valid operator's license, proof of ownership,
19    and would not, as determined by the arresting law
20    enforcement agency, indicate a lack of ability to operate
21    a motor vehicle in a safe manner, or who would otherwise,
22    by operating such motor vehicle, be in violation of this
23    Code; or
24        (2) the vehicle is owned by the person under arrest,
25    and the person under arrest gives permission to another
26    person to operate such vehicle, provided however, that the

 

 

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1    other person possesses a valid operator's license and
2    would not, as determined by the arresting law enforcement
3    agency, indicate a lack of ability to operate a motor
4    vehicle in a safe manner or who would otherwise, by
5    operating such motor vehicle, be in violation of this
6    Code.
7    (e-5) Whenever a registered owner of a vehicle is taken
8into custody for operating the vehicle in violation of Section
911-501 of this Code or a similar provision of a local ordinance
10or Section 6-303 of this Code, a law enforcement officer may
11have the vehicle immediately impounded for a period not less
12than:
13        (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
17        (2) 48 hours for a third violation of Section 11-501
18    of 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.
21    The vehicle may be released sooner if the vehicle is owned
22by the person under arrest and the person under arrest gives
23permission to another person to operate the vehicle and that
24other person possesses a valid operator's license and would
25not, as determined by the arresting law enforcement agency,
26indicate a lack of ability to operate a motor vehicle in a safe

 

 

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1manner or would otherwise, by operating the motor vehicle, be
2in violation of this Code.
3    (f) Except as provided in Chapter 18a of this Code, the
4owner or lessor of privately owned real property within this
5State, or any person authorized by such owner or lessor, or any
6law enforcement agency in the case of publicly owned real
7property may cause any motor vehicle abandoned or left
8unattended upon such property without permission to be removed
9by a towing service without liability for the costs of
10removal, transportation or storage or damage caused by such
11removal, transportation or storage. The towing or removal of
12any vehicle from private property without the consent of the
13registered owner or other legally authorized person in control
14of the vehicle is subject to compliance with the following
15conditions and restrictions:
16        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.
21        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
26    name of the person at the law enforcement agency to whom

 

 

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1    such information was reported.
2        3. If the registered owner or legally authorized
3    person entitled to possession of the vehicle shall arrive
4    at the scene prior to actual removal or towing of the
5    vehicle, the vehicle shall be disconnected from the tow
6    truck and that person shall be allowed to remove the
7    vehicle without interference, upon the payment of a
8    reasonable service fee of not more than one-half the
9    posted rate of the towing service as provided in paragraph
10    6 of this subsection, for which a receipt shall be given.
11        4. The rebate or payment of money or any other
12    valuable consideration from the towing service or its
13    owners, managers, or employees to the owners or operators
14    of the premises from which the vehicles are towed or
15    removed, for the privilege of removing or towing those
16    vehicles, is prohibited. Any individual who violates this
17    paragraph shall be guilty of a Class A misdemeanor.
18        5. Except for property appurtenant to and obviously a
19    part of a single family residence, and except for
20    instances where notice is personally given to the owner or
21    other legally authorized person in control of the vehicle
22    that the area in which that vehicle is parked is reserved
23    or 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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1    consent of the owner or other legally authorized person in
2    control of that vehicle, must post a notice meeting the
3    following requirements:
4            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
8        feet from the public right-of-way line. If there are
9        no curbs or access barriers, the sign must be posted
10        not less than one sign each 100 feet of lot frontage.
11            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
14        for a parking lot contained within property used
15        solely for a 2-family, 3-family, or 4-family residence
16        may be prominently placed at the perimeter of the
17        parking lot, in a position where the notice is visible
18        to the occupants of vehicles entering the lot.
19            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.
23            c. The notice must also provide the name and
24        current telephone number of the towing service towing
25        or removing the vehicle.
26            d. The sign structure containing the required

 

 

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1        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
4        for not less than 24 hours prior to the towing or
5        removing of any vehicle.
6        6. Any towing service that tows or removes vehicles
7    and 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.
19        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.
24        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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1    which the vehicle is said to be trespassing.
2        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
7    reasonable care.
8        9.5. Except as authorized by a law enforcement
9    officer, no towing service shall engage in the removal of
10    a commercial motor vehicle that requires a commercial
11    driver's license to operate by operating the vehicle under
12    its own power on a highway.
13        10. When a vehicle has been towed or removed pursuant
14    to this Section, it must be released to its owner,
15    custodian, agent, or lienholder within one-half hour after
16    requested, if such request is made during business hours.
17    Any vehicle owner, custodian, agent, or lienholder shall
18    have the right to inspect the vehicle before accepting its
19    return, and no release or waiver of any kind which would
20    release the towing service from liability for damages
21    incurred during the towing and storage may be required
22    from any vehicle owner or other legally authorized person
23    as a condition of release of the vehicle. A detailed,
24    signed receipt showing the legal name of the towing
25    service must be given to the person paying towing or
26    storage charges at the time of payment, whether requested

 

 

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1    or not.
2        This Section shall not apply to law enforcement,
3    firefighting, rescue, ambulance, or other emergency
4    vehicles which are marked as such or to property owned by
5    any governmental entity.
6        When an authorized person improperly causes a motor
7    vehicle to be removed, such person shall be liable to the
8    owner or lessee of the vehicle for the cost of removal,
9    transportation and storage, any damages resulting from the
10    removal, transportation and storage, attorney's fee and
11    court costs.
12        Any towing or storage charges accrued shall be payable
13    in cash or by cashier's check, certified check, debit
14    card, credit card, or wire transfer, at the option of the
15    party taking possession of the vehicle.
16        11. Towing companies shall also provide insurance
17    coverage for areas where vehicles towed under the
18    provisions of this Chapter will be impounded or otherwise
19    stored, and shall adequately cover loss by fire, theft, or
20    other risks.
21    Any person who fails to comply with the conditions and
22restrictions of this subsection shall be guilty of a Class C
23misdemeanor and shall be fined not less than $100 nor more than
24$500.
25    (g)(1) When a vehicle is determined to be a hazardous
26dilapidated motor vehicle pursuant to Section 11-40-3.1 of the

 

 

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1Illinois Municipal Code or Section 5-12002.1 of the Counties
2Code, its removal and impoundment by a towing service may be
3authorized by a law enforcement agency with appropriate
4jurisdiction.
5    (2) When a vehicle removal from either public or private
6property is authorized by a law enforcement agency, the owner
7of the vehicle shall be responsible for all towing and storage
8charges.
9    (3) Vehicles removed from public or private property and
10stored by a commercial vehicle relocator or any other towing
11service authorized by a law enforcement agency in compliance
12with this Section and Sections 4-201 and 4-202 of this Code, or
13at the request of the vehicle owner or operator, shall be
14subject to a possessor lien for services pursuant to the Labor
15and Storage Lien (Small Amount) Act. The provisions of Section
161 of that Act relating to notice and implied consent shall be
17deemed satisfied by compliance with Section 18a-302 and
18subsection (6) of Section 18a-300. In no event shall such lien
19be greater than the rate or rates established in accordance
20with subsection (6) of Section 18a-200 of this Code. In no
21event shall such lien be increased or altered to reflect any
22charge for services or materials rendered in addition to those
23authorized by this Code. Every such lien shall be payable in
24cash or by cashier's check, certified check, debit card,
25credit card, or wire transfer, at the option of the party
26taking possession of the vehicle.

 

 

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

 

 

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

 

 

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1shall release a motor vehicle impounded under this subsection
2(h) to the registered owner of the vehicle under any of the
3following circumstances:
4        (1) if the vehicle is a stolen vehicle; or
5        (2) if the person ticketed for a violation of
6    subsection (a) of Section 11-506 of this Code was not
7    authorized by the registered owner of the vehicle to
8    operate the vehicle at the time of the violation; or
9        (3) if the registered owner of the vehicle was neither
10    the driver nor a passenger in the vehicle at the time of
11    the violation or was unaware that the driver was using the
12    vehicle to engage in street racing; or
13        (4) if the legal owner or registered owner of the
14    vehicle is a rental car agency; or
15        (5) if, prior to the expiration of the impoundment
16    period specified above, the citation is dismissed or the
17    defendant is found not guilty of the offense.
18    (i) Except for vehicles exempted under subsection (b) of
19Section 7-601 of this Code, whenever a law enforcement officer
20issues a citation to a driver for a violation of Section 3-707
21of this Code, and the driver has a prior conviction for a
22violation of Section 3-707 of this Code in the past 12 months,
23the arresting officer shall authorize the removal and
24impoundment of the vehicle by a towing service.
25    (j) Notwithstanding any other provision of law, a person
26who has indicated in a timely filed report to the appropriate

 

 

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1law enforcement agency that a vehicle has been stolen or
2hijacked is not liable for a violation, fee, fine, lien, or
3penalty that is imposed under this Section while the vehicle
4is stolen or hijacked or that results from the vehicle being
5stolen or hijacked.
6(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)