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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 11-208.7 as follows: | ||||||
6 | (625 ILCS 5/11-208.7) | ||||||
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 investigation, arrest, | ||||||
14 | and detention of an offender, or the removal, impoundment, | ||||||
15 | storage, and release of the vehicle. The administrative fee | ||||||
16 | imposed by the municipality may be in addition to any fees
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17 | charged for the towing and storage of an impounded vehicle. The | ||||||
18 | administrative fee shall be waived by the municipality upon | ||||||
19 | verifiable proof that the vehicle was stolen at the time the | ||||||
20 | vehicle was impounded. | ||||||
21 | (b) Any ordinance establishing procedures for the release | ||||||
22 | of properly impounded vehicles under this Section may impose | ||||||
23 | fees 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
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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 the | ||||||
2 | commission of, or in the attempt to commit, an offense in | ||||||
3 | violation of Section 11-204 or Section 11-204.1 of this | ||||||
4 | Code. | ||||||
5 | (c) The following shall apply to any fees imposed for | ||||||
6 | administrative and processing costs pursuant to subsection | ||||||
7 | (b): | ||||||
8 | (1) All administrative fees and towing and storage | ||||||
9 | charges shall be imposed on the registered owner of the | ||||||
10 | motor vehicle or the agents of that owner. | ||||||
11 | (2) The fees shall be in addition to (i) any other | ||||||
12 | penalties that may be assessed by a court of law for the | ||||||
13 | underlying violations; and (ii) any towing or storage fees, | ||||||
14 | or both, charged by the towing company. | ||||||
15 | (3) The fees shall be uniform for all similarly | ||||||
16 | situated vehicles. | ||||||
17 | (4) The fees shall be collected by and paid to the | ||||||
18 | municipality imposing the fees. | ||||||
19 | (5) The towing or storage fees, or both, shall be | ||||||
20 | collected by and paid to the person, firm, or entity that | ||||||
21 | tows and stores the impounded vehicle. | ||||||
22 | (d) Any ordinance establishing procedures for the release | ||||||
23 | of properly impounded vehicles under this Section shall provide | ||||||
24 | for an opportunity for a hearing, as provided in subdivision | ||||||
25 | (b)(4) of Section 11-208.3 of this Code, and for the release of | ||||||
26 | the vehicle to the owner of record, lessee, or a lienholder of |
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1 | record upon payment of all administrative fees and towing and | ||||||
2 | storage fees. | ||||||
3 | (e) Any ordinance establishing procedures for the | ||||||
4 | impoundment
and release of vehicles under this Section shall | ||||||
5 | include the following provisions concerning notice of | ||||||
6 | impoundment: | ||||||
7 | (1) Whenever
a police officer has cause to believe that | ||||||
8 | a motor vehicle is subject to impoundment, the officer
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9 | shall provide for the towing of the vehicle to a facility | ||||||
10 | authorized by the municipality. | ||||||
11 | (2) At the
time the vehicle is towed, the municipality | ||||||
12 | shall notify or make a reasonable attempt to notify the
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13 | owner, lessee, or person identifying himself or herself as | ||||||
14 | the owner or lessee of the vehicle, or any person
who is | ||||||
15 | found to be in control of the vehicle at the time of the | ||||||
16 | alleged offense, of the fact of the
seizure, and of the | ||||||
17 | vehicle owner's or lessee's right to an administrative | ||||||
18 | hearing. | ||||||
19 | (3) The municipality shall
also provide notice that the | ||||||
20 | motor vehicle will remain impounded pending the completion | ||||||
21 | of an
administrative hearing, unless the owner or lessee of | ||||||
22 | the vehicle or a lienholder posts with the
municipality a | ||||||
23 | bond equal to the administrative fee as provided by | ||||||
24 | ordinance and pays for all
towing and storage charges. | ||||||
25 | (f) Any ordinance establishing procedures for the | ||||||
26 | impoundment and
release of vehicles under this Section shall |
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1 | include a provision providing that the
registered owner or | ||||||
2 | lessee of the vehicle and any lienholder of record shall be | ||||||
3 | provided with a
notice of hearing. The notice shall: | ||||||
4 | (1) be served upon the owner, lessee, and any | ||||||
5 | lienholder of record either by personal service or by first | ||||||
6 | class mail to the interested party's address as registered | ||||||
7 | with the Secretary of State; | ||||||
8 | (2) be served upon interested parties within 10 days | ||||||
9 | after a vehicle is impounded by the municipality; and | ||||||
10 | (3) contain the date, time, and location of the | ||||||
11 | administrative hearing. An
initial hearing shall be | ||||||
12 | scheduled and convened no later than 45 days after the date | ||||||
13 | of
the mailing of the notice of hearing. | ||||||
14 | (g) In addition to the requirements contained in
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15 | subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||||||
16 | administrative hearings, any ordinance providing for the | ||||||
17 | impoundment
and release of vehicles under this Section shall | ||||||
18 | include the following requirements concerning administrative | ||||||
19 | hearings: | ||||||
20 | (1) administrative hearings shall be conducted by a | ||||||
21 | hearing officer who is an attorney licensed to practice law | ||||||
22 | in this State for a minimum of 3 years; | ||||||
23 | (2) at the conclusion of the administrative hearing, | ||||||
24 | the hearing officer shall issue
a written decision either | ||||||
25 | sustaining or overruling the vehicle impoundment; | ||||||
26 | (3) if the basis for the vehicle
impoundment is |
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1 | sustained by the administrative hearing officer, any | ||||||
2 | administrative fee posted to
secure the release of the | ||||||
3 | vehicle shall be forfeited to the municipality; | ||||||
4 | (4) all final decisions of the administrative hearing | ||||||
5 | officer shall be subject to
review under the provisions of | ||||||
6 | the Administrative Review Law; and | ||||||
7 | (5) unless the administrative hearing
officer | ||||||
8 | overturns the basis for the vehicle impoundment, no vehicle | ||||||
9 | shall be released to the owner, lessee, or lienholder of | ||||||
10 | record until
all administrative fees and towing and storage | ||||||
11 | charges are paid. | ||||||
12 | (h) Vehicles not retrieved from the towing facility or | ||||||
13 | storage facility
within 35 days after the administrative | ||||||
14 | hearing officer issues a written decision shall be deemed | ||||||
15 | abandoned and disposed of in accordance with the provisions of | ||||||
16 | Article II of Chapter
4 of this Code. | ||||||
17 | (i) Unless stayed by a court of competent jurisdiction, any | ||||||
18 | fine, penalty, or administrative fee imposed under this
Section | ||||||
19 | which remains unpaid in whole or in part after the expiration | ||||||
20 | of the deadline for seeking judicial
review under the | ||||||
21 | Administrative Review Law may be enforced in the same manner as | ||||||
22 | a judgment entered by a court of
competent jurisdiction.
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23 | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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