Full Text of HB4267 103rd General Assembly
HB4267 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4267 Introduced 1/16/2024, by Rep. Mary Gill 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. |
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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, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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; | 8 | | towing or hauling away. | 9 | | (a) When a vehicle is abandoned, or left unattended, on a | 10 | | toll highway, interstate highway, or expressway for 2 hours or | 11 | | more, its removal by a towing service may be authorized by a | 12 | | law enforcement agency having jurisdiction. | 13 | | (b) When a vehicle is abandoned on a highway in an urban | 14 | | district for 10 hours or more, its removal by a towing service | 15 | | may be authorized by a law enforcement agency having | 16 | | jurisdiction. | 17 | | (c) When a vehicle is abandoned or left unattended on a | 18 | | highway other than a toll highway, interstate highway, or | 19 | | expressway, outside of an urban district for 24 hours or more, | 20 | | its removal by a towing service may be authorized by a law | 21 | | enforcement agency having jurisdiction. | 22 | | (d) When an abandoned, unattended, wrecked, burned, or | 23 | | partially dismantled vehicle is creating a traffic hazard |
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| 1 | | because of its position in relation to the highway or its | 2 | | physical appearance is causing the impeding of traffic, its | 3 | | immediate removal from the highway or private property | 4 | | adjacent to the highway by a towing service may be authorized | 5 | | by a law enforcement agency having jurisdiction. | 6 | | (e) Whenever a peace officer reasonably believes that a | 7 | | person under arrest for a violation of Section 11-501 of this | 8 | | Code or a similar provision of a local ordinance is likely, | 9 | | upon release, to commit a subsequent violation of Section | 10 | | 11-501, or a similar provision of a local ordinance, the | 11 | | arresting officer shall have the vehicle which the person was | 12 | | operating at the time of the arrest impounded for a period of | 13 | | 12 hours after the time of arrest. However, such vehicle may be | 14 | | released by the arresting law enforcement agency prior to the | 15 | | end 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 | 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: | 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 | 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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| 1 | | manner or would otherwise, by operating the motor vehicle, be | 2 | | in violation of this Code. | 3 | | (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 | 10 | | removal, transportation or storage or damage caused by such | 11 | | removal, transportation or storage. The towing or removal of | 12 | | any vehicle from private property without the consent of the | 13 | | registered owner or other legally authorized person in control | 14 | | of the vehicle is subject to compliance with the following | 15 | | conditions 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 | 22 | | restrictions of this subsection shall be guilty of a Class C | 23 | | misdemeanor 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 | 26 | | dilapidated motor vehicle pursuant to Section 11-40-3.1 of the |
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| 1 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 2 | | Code, its removal and impoundment by a towing service may be | 3 | | authorized by a law enforcement agency with appropriate | 4 | | jurisdiction. | 5 | | (2) When a vehicle removal from either public or private | 6 | | property is authorized by a law enforcement agency, the owner | 7 | | of the vehicle shall be responsible for all towing and storage | 8 | | charges. | 9 | | (3) Vehicles removed from public or private property and | 10 | | stored by a commercial vehicle relocator or any other towing | 11 | | service authorized by a law enforcement agency in compliance | 12 | | with this Section and Sections 4-201 and 4-202 of this Code, or | 13 | | at the request of the vehicle owner or operator, shall be | 14 | | subject to a possessor lien for services pursuant to the Labor | 15 | | and Storage Lien (Small Amount) Act. The provisions of Section | 16 | | 1 of that Act relating to notice and implied consent shall be | 17 | | deemed satisfied by compliance with Section 18a-302 and | 18 | | subsection (6) of Section 18a-300. In no event shall such lien | 19 | | be greater than the rate or rates established in accordance | 20 | | with subsection (6) of Section 18a-200 of this Code. In no | 21 | | event shall such lien be increased or altered to reflect any | 22 | | charge for services or materials rendered in addition to those | 23 | | authorized by this Code. Every such lien shall be payable in | 24 | | cash or by cashier's check, certified check, debit card, | 25 | | credit card, or wire transfer, at the option of the party | 26 | | taking possession of the vehicle. |
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| 1 | | (4) Any personal property belonging to the vehicle owner | 2 | | in a vehicle subject to a lien under this subsection (g) shall | 3 | | likewise be subject to that lien, excepting only: child | 4 | | restraint systems as defined in Section 4 of the Child | 5 | | Passenger Protection Act and other child booster seats; | 6 | | eyeglasses; food; medicine or medical devices, including | 7 | | hearing instruments ; perishable property; any operator's | 8 | | licenses; any cash, credit cards, or checks or checkbooks; any | 9 | | wallet, purse, or other property containing any operator's | 10 | | license or other identifying documents or materials, cash, | 11 | | credit cards, checks, or checkbooks; and any personal property | 12 | | belonging to a person other than the vehicle owner if that | 13 | | person provides adequate proof that the personal property | 14 | | belongs to that person. The spouse, child, mother, father, | 15 | | brother, or sister of the vehicle owner may claim personal | 16 | | property excepted under this paragraph (4) if the person | 17 | | claiming the personal property provides the commercial vehicle | 18 | | relocator or towing service with the authorization of the | 19 | | vehicle owner. | 20 | | (5) This paragraph (5) applies only in the case of a | 21 | | vehicle that is towed as a result of being involved in a crash. | 22 | | In addition to the personal property excepted under paragraph | 23 | | (4), all other personal property in a vehicle subject to a lien | 24 | | under this subsection (g) is exempt from that lien and may be | 25 | | claimed by the vehicle owner if the vehicle owner provides the | 26 | | commercial vehicle relocator or towing service with proof that |
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| 1 | | the vehicle owner has an insurance policy covering towing and | 2 | | storage fees. The spouse, child, mother, father, brother, or | 3 | | sister of the vehicle owner may claim personal property in a | 4 | | vehicle subject to a lien under this subsection (g) if the | 5 | | person claiming the personal property provides the commercial | 6 | | vehicle relocator or towing service with the authorization of | 7 | | the vehicle owner and proof that the vehicle owner has an | 8 | | insurance policy covering towing and storage fees. The | 9 | | regulation of liens on personal property and exceptions to | 10 | | those liens in the case of vehicles towed as a result of being | 11 | | involved in a crash are exclusive powers and functions of the | 12 | | State. A home rule unit may not regulate liens on personal | 13 | | property and exceptions to those liens in the case of vehicles | 14 | | towed as a result of being involved in a crash. This paragraph | 15 | | (5) is a denial and limitation of home rule powers and | 16 | | functions under subsection (h) of Section 6 of Article VII of | 17 | | the Illinois Constitution. | 18 | | (6) No lien under this subsection (g) shall: exceed $2,000 | 19 | | in its total amount; or be increased or altered to reflect any | 20 | | charge for services or materials rendered in addition to those | 21 | | authorized by this Code. | 22 | | (h) Whenever a peace officer issues a citation to a driver | 23 | | for a violation of subsection (a) of Section 11-506 of this | 24 | | Code, the arresting officer may have the vehicle which the | 25 | | person was operating at the time of the arrest impounded for a | 26 | | period of 5 days after the time of arrest. An impounding agency |
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| 1 | | shall release a motor vehicle impounded under this subsection | 2 | | (h) to the registered owner of the vehicle under any of the | 3 | | following 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 | 19 | | Section 7-601 of this Code, whenever a law enforcement officer | 20 | | issues a citation to a driver for a violation of Section 3-707 | 21 | | of this Code, and the driver has a prior conviction for a | 22 | | violation of Section 3-707 of this Code in the past 12 months, | 23 | | the arresting officer shall authorize the removal and | 24 | | impoundment of the vehicle by a towing service. | 25 | | (j) Notwithstanding any other provision of law, a person | 26 | | who has indicated in a timely filed report to the appropriate |
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| 1 | | law enforcement agency that a vehicle has been stolen or | 2 | | hijacked is not liable for a violation, fee, fine, lien, or | 3 | | penalty that is imposed under this Section while the vehicle | 4 | | is stolen or hijacked or that results from the vehicle being | 5 | | stolen or hijacked. | 6 | | (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) |
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