Illinois General Assembly - Full Text of HB0442
Illinois General Assembly

Previous General Assemblies

Full Text of HB0442  94th General Assembly



HB0442 Engrossed LRB094 06342 RLC 36418 b

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 adding
5 Section 16-203 as follows:
6     (625 ILCS 5/16-203 new)
7     Sec. 16-203. Eluding peace officer and leaving the scene of
8 an accident; vehicle immobilization; tow.
9     (a) If a motor vehicle is used to evade a peace officer in
10 violation of Section 11-204 or 11-204.1 of this Code and the
11 officer stops his or her pursuit of the vehicle for reason of
12 safety and the peace officer is unable to ascertain the
13 identity of the driver of the vehicle or if a motor vehicle
14 leaves the scene of an accident in violation of Section 11-401,
15 11-402, or 11-403 of this Code, a peace officer upon finding
16 the vehicle may authorize the towing and impoundment of the
17 vehicle or the placement of a vehicle immobilization device on
18 the vehicle until a civil penalty of $100, in addition to the
19 towing and impoundment charges or vehicle immobilization
20 charges, are paid by the owner of the vehicle to the unit of
21 government whose officer had the vehicle towed and impounded or
22 immobilized.
23     (b) If the motor vehicle used to commit any of the offenses
24 described in subsection (a) is stolen, the owner of the vehicle
25 is relieved of any liability under this Section and the vehicle
26 shall be immediately released to the owner.
27     (c) An automobile is exempt from the penalties of this
28 Section if its owner or interest holder is not legally
29 accountable for the conduct giving rise to the vehicle
30 immobilization or tow, did not acquiesce in it, and did not
31 know and could not reasonably have known of the conduct or that
32 the conduct was likely to occur, or did not solicit, conspire,



HB0442 Engrossed - 2 - LRB094 06342 RLC 36418 b

1 or attempt to commit the conduct giving rise to the vehicle
2 immobilization or tow.
3     (d) For the purposes of this Section, "vehicle
4 immobilization device" means a device that may be clamped and
5 locked onto a part of a motor vehicle for the purpose of
6 immobilizing the vehicle.