98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4743

 

Introduced , by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.7

    Amends the Illinois Vehicle Code. Provides that counties in addition to municipalities may adopt administrative procedures for the release of impounded vehicles. Provides that counties and municipalities that do not wish to set up an administrative review of the hearing officer's decisions shall direct appeals to the circuit court having jurisdiction over the county or municipality.


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A BILL FOR

 

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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 changing
5Section 11-208.7 as follows:
 
6    (625 ILCS 5/11-208.7)
7    Sec. 11-208.7. Administrative fees and procedures for
8impounding vehicles for specified violations.
9    (a) Any county or municipality may, consistent with this
10Section, provide by ordinance procedures for the release of
11properly impounded vehicles and for the imposition of a
12reasonable administrative fee related to its administrative
13and processing costs associated with the investigation,
14arrest, and detention of an offender, or the removal,
15impoundment, storage, and release of the vehicle. The
16administrative fee imposed by the county or municipality may be
17in addition to any fees charged for the towing and storage of
18an impounded vehicle. The administrative fee shall be waived by
19the county or municipality upon verifiable proof that the
20vehicle was stolen at the time the vehicle was impounded.
21    (b) Any ordinance establishing procedures for the release
22of properly impounded vehicles under this Section may impose
23fees for the following violations:

 

 

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1        (1) operation or use of a motor vehicle in the
2    commission of, or in the attempt to commit, an offense for
3    which a motor vehicle may be seized and forfeited pursuant
4    to Section 36-1 of the Criminal Code of 2012; or
5        (2) driving under the influence of alcohol, another
6    drug or drugs, an intoxicating compound or compounds, or
7    any combination thereof, in violation of Section 11-501 of
8    this Code; or
9        (3) operation or use of a motor vehicle in the
10    commission of, or in the attempt to commit, a felony or in
11    violation of the Cannabis Control Act; or
12        (4) operation or use of a motor vehicle in the
13    commission of, or in the attempt to commit, an offense in
14    violation of the Illinois Controlled Substances Act; or
15        (5) operation or use of a motor vehicle in the
16    commission of, or in the attempt to commit, an offense in
17    violation of Section 24-1, 24-1.5, or 24-3.1 of the
18    Criminal Code of 1961 or the Criminal Code of 2012; or
19        (6) driving while a driver's license, permit, or
20    privilege to operate a motor vehicle is suspended or
21    revoked pursuant to Section 6-303 of this Code; except that
22    vehicles shall not be subjected to seizure or impoundment
23    if the suspension is for an unpaid citation (parking or
24    moving) or due to failure to comply with emission testing;
25    or
26        (7) operation or use of a motor vehicle while

 

 

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1    soliciting, possessing, or attempting to solicit or
2    possess cannabis or a controlled substance, as defined by
3    the Cannabis Control Act or the Illinois Controlled
4    Substances Act; or
5        (8) operation or use of a motor vehicle with an expired
6    driver's license, in violation of Section 6-101 of this
7    Code, if the period of expiration is greater than one year;
8    or
9        (9) operation or use of a motor vehicle without ever
10    having been issued a driver's license or permit, in
11    violation of Section 6-101 of this Code, or operating a
12    motor vehicle without ever having been issued a driver's
13    license or permit due to a person's age; or
14        (10) operation or use of a motor vehicle by a person
15    against whom a warrant has been issued by a circuit clerk
16    in Illinois for failing to answer charges that the driver
17    violated Section 6-101, 6-303, or 11-501 of this Code; or
18        (11) operation or use of a motor vehicle in the
19    commission of, or in the attempt to commit, an offense in
20    violation of Article 16 or 16A of the Criminal Code of 1961
21    or the Criminal Code of 2012; or
22        (12) operation or use of a motor vehicle in the
23    commission of, or in the attempt to commit, any other
24    misdemeanor or felony offense in violation of the Criminal
25    Code of 1961 or the Criminal Code of 2012, when so provided
26    by local ordinance; or

 

 

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1        (13) operation or use of a motor vehicle in violation
2    of Section 11-503 of this Code:
3            (A) while the vehicle is part of a funeral
4        procession; or
5            (B) in a manner that interferes with a funeral
6        procession.
7    (c) The following shall apply to any fees imposed for
8administrative and processing costs pursuant to subsection
9(b):
10        (1) All administrative fees and towing and storage
11    charges shall be imposed on the registered owner of the
12    motor vehicle or the agents of that owner.
13        (2) The fees shall be in addition to (i) any other
14    penalties that may be assessed by a court of law for the
15    underlying violations; and (ii) any towing or storage fees,
16    or both, charged by the towing company.
17        (3) The fees shall be uniform for all similarly
18    situated vehicles.
19        (4) The fees shall be collected by and paid to the
20    county or municipality imposing the fees.
21        (5) The towing or storage fees, or both, shall be
22    collected by and paid to the person, firm, or entity that
23    tows and stores the impounded vehicle.
24    (d) Any ordinance establishing procedures for the release
25of properly impounded vehicles under this Section shall provide
26for an opportunity for a hearing, as provided in subdivision

 

 

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1(b)(4) of Section 11-208.3 of this Code, and for the release of
2the vehicle to the owner of record, lessee, or a lienholder of
3record upon payment of all administrative fees and towing and
4storage fees.
5    (e) Any ordinance establishing procedures for the
6impoundment and release of vehicles under this Section shall
7include the following provisions concerning notice of
8impoundment:
9        (1) Whenever a police officer has cause to believe that
10    a motor vehicle is subject to impoundment, the officer
11    shall provide for the towing of the vehicle to a facility
12    authorized by the county or municipality.
13        (2) At the time the vehicle is towed, the county or
14    municipality shall notify or make a reasonable attempt to
15    notify the owner, lessee, or person identifying himself or
16    herself as the owner or lessee of the vehicle, or any
17    person who is found to be in control of the vehicle at the
18    time of the alleged offense, of the fact of the seizure,
19    and of the vehicle owner's or lessee's right to an
20    administrative hearing.
21        (3) The county or municipality shall also provide
22    notice that the motor vehicle will remain impounded pending
23    the completion of an administrative hearing, unless the
24    owner or lessee of the vehicle or a lienholder posts with
25    the county or municipality a bond equal to the
26    administrative fee as provided by ordinance and pays for

 

 

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1    all towing and storage charges.
2    (f) Any ordinance establishing procedures for the
3impoundment and release of vehicles under this Section shall
4include a provision providing that the registered owner or
5lessee of the vehicle and any lienholder of record shall be
6provided with a notice of hearing. The notice shall:
7        (1) be served upon the owner, lessee, and any
8    lienholder of record either by personal service or by first
9    class mail to the interested party's address as registered
10    with the Secretary of State;
11        (2) be served upon interested parties within 10 days
12    after a vehicle is impounded by the municipality; and
13        (3) contain the date, time, and location of the
14    administrative hearing. An initial hearing shall be
15    scheduled and convened no later than 45 days after the date
16    of the mailing of the notice of hearing.
17    (g) In addition to the requirements contained in
18subdivision (b)(4) of Section 11-208.3 of this Code relating to
19administrative hearings, any ordinance providing for the
20impoundment and release of vehicles under this Section shall
21include the following requirements concerning administrative
22hearings:
23        (1) administrative hearings shall be conducted by a
24    hearing officer who is an attorney licensed to practice law
25    in this State for a minimum of 3 years;
26        (2) at the conclusion of the administrative hearing,

 

 

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1    the hearing officer shall issue a written decision either
2    sustaining or overruling the vehicle impoundment;
3        (3) if the basis for the vehicle impoundment is
4    sustained by the administrative hearing officer, any
5    administrative fee posted to secure the release of the
6    vehicle shall be forfeited to the county or municipality;
7        (4) all final decisions of the administrative hearing
8    officer shall be subject to review under the provisions of
9    the Administrative Review Law, unless the county or
10    municipality allows in the enabling ordinance for direct
11    appeal to the circuit court having jurisdiction over the
12    county or municipality; and
13        (5) unless the administrative hearing officer
14    overturns the basis for the vehicle impoundment, no vehicle
15    shall be released to the owner, lessee, or lienholder of
16    record until all administrative fees and towing and storage
17    charges are paid.
18    (h) Vehicles not retrieved from the towing facility or
19storage facility within 35 days after the administrative
20hearing officer issues a written decision shall be deemed
21abandoned and disposed of in accordance with the provisions of
22Article II of Chapter 4 of this Code.
23    (i) Unless stayed by a court of competent jurisdiction, any
24fine, penalty, or administrative fee imposed under this Section
25which remains unpaid in whole or in part after the expiration
26of the deadline for seeking judicial review under the

 

 

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1Administrative Review Law may be enforced in the same manner as
2a judgment entered by a court of competent jurisdiction.
3(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
498-518, eff. 8-22-13; revised 9-19-13.)