Full Text of SB2261 99th General Assembly
SB2261 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2261 Introduced 1/27/2016, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that no vehicle may be impounded under this Section for illegal parking that has not exceeded 48 hours and the owner or lessee of the vehicle was unable to move the car due to an emergency circumstance. Defines emergency circumstance. Provides that if an administrative hearing officer finds that a vehicle has been wrongfully impounded, the county or municipality shall be liable to the owner or lessee of the vehicle for loss of use of the vehicle and any attorney's fees.
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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 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 county or municipality may, consistent with this | 10 | | Section, provide by ordinance procedures for the release of | 11 | | properly impounded vehicles and for the imposition of a | 12 | | reasonable administrative fee related to its administrative | 13 | | and processing costs associated with the investigation, | 14 | | arrest, and detention of an offender, or the removal, | 15 | | impoundment, storage, and release of the vehicle. The | 16 | | administrative fee imposed by the county or municipality may be | 17 | | in addition to any fees
charged for the towing and storage of | 18 | | an impounded vehicle , but shall not exceed the actual cost of | 19 | | services provided . The administrative fee shall be waived by | 20 | | the county or municipality upon verifiable proof that : the | 21 | | vehicle was stolen at the time the vehicle was impounded. | 22 | | (1) the vehicle was stolen at the time the vehicle was | 23 | | impounded; or |
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| 1 | | (2) the vehicle was impounded for illegal parking not | 2 | | exceeding 48 hours, and the registered owner or lessee of | 3 | | the vehicle was unable to move the vehicle due to an | 4 | | emergency circumstance. | 5 | | (a-5) Any ordinance establishing procedures for the | 6 | | impoundment and release of vehicles under this Section shall | 7 | | provide that vehicles may not be impounded for illegal parking | 8 | | not exceeding 48 hours, due to an emergency circumstance. | 9 | | (b) Any ordinance establishing procedures for the release | 10 | | of properly impounded vehicles under this Section may impose | 11 | | fees for the following violations: | 12 | | (1) operation or use of a motor vehicle in the | 13 | | commission of, or in the attempt to commit, an offense for | 14 | | which a motor vehicle may be seized and forfeited pursuant | 15 | | to Section 36-1 of the Criminal Code of 2012; or | 16 | | (2) driving under the influence of alcohol, another | 17 | | drug or drugs, an intoxicating compound or compounds, or | 18 | | any combination thereof, in violation of Section 11-501 of | 19 | | this Code; or | 20 | | (3) operation or use of a motor vehicle in the | 21 | | commission of, or in the attempt to commit, a felony or in | 22 | | violation of the Cannabis Control Act; or | 23 | | (4) operation or use of a motor vehicle in the | 24 | | commission of, or in the attempt to commit, an offense in | 25 | | violation of the Illinois Controlled Substances Act; or | 26 | | (5) operation or use of a motor vehicle in the |
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| 1 | | commission of, or in the attempt to commit, an offense in | 2 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 4 | | (6) driving while a driver's license, permit, or | 5 | | privilege to operate a motor vehicle is suspended or | 6 | | revoked pursuant to Section 6-303 of this Code; except that | 7 | | vehicles shall not be subjected to seizure or impoundment | 8 | | if the suspension is for an unpaid citation (parking or | 9 | | moving) or due to failure to comply with emission testing; | 10 | | or | 11 | | (7) operation or use of a motor vehicle while | 12 | | soliciting, possessing, or attempting to solicit or | 13 | | possess cannabis or a controlled substance, as defined by | 14 | | the Cannabis Control Act or the Illinois Controlled | 15 | | Substances Act; or | 16 | | (8) operation or use of a motor vehicle with an expired | 17 | | driver's license, in violation of Section 6-101 of this | 18 | | Code, if the period of expiration is greater than one year; | 19 | | or | 20 | | (9) operation or use of a motor vehicle without ever | 21 | | having been issued a driver's license or permit, in | 22 | | violation of Section 6-101 of this Code, or operating a | 23 | | motor vehicle without ever having been issued a driver's | 24 | | license or permit due to a person's age; or | 25 | | (10) operation or use of a motor vehicle by a person | 26 | | against whom a warrant has been issued by a circuit clerk |
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| 1 | | in Illinois for failing to answer charges that the driver | 2 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 3 | | (11) operation or use of a motor vehicle in the | 4 | | commission of, or in the attempt to commit, an offense in | 5 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 6 | | or the Criminal Code of 2012; or | 7 | | (12) operation or use of a motor vehicle in the | 8 | | commission of, or in the attempt to commit, any other
| 9 | | misdemeanor or felony offense in violation of the Criminal | 10 | | Code of 1961 or the Criminal Code of 2012, when so provided | 11 | | by
local ordinance; or | 12 | | (13) operation or use of a motor vehicle in violation | 13 | | of Section 11-503 of this Code: | 14 | | (A) while the vehicle is part of a funeral | 15 | | procession; or | 16 | | (B) in a manner that interferes with a funeral | 17 | | procession. | 18 | | (c) The following shall apply to any fees imposed for | 19 | | administrative and processing costs pursuant to subsection | 20 | | (b): | 21 | | (1) All administrative fees and towing and storage | 22 | | charges shall be imposed on the registered owner of the | 23 | | motor vehicle or the agents of that owner. | 24 | | (2) The fees shall be in addition to (i) any other | 25 | | penalties that may be assessed by a court of law for the | 26 | | underlying violations; and (ii) any towing or storage fees, |
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| 1 | | or both, charged by the towing company. | 2 | | (3) The fees shall be uniform for all similarly | 3 | | situated vehicles. | 4 | | (4) The fees shall be collected by and paid to the | 5 | | county or municipality imposing the fees. | 6 | | (5) The towing or storage fees, or both, shall be | 7 | | collected by and paid to the person, firm, or entity that | 8 | | tows and stores the impounded vehicle. | 9 | | (d) Any ordinance establishing procedures for the release | 10 | | of properly impounded vehicles under this Section shall provide | 11 | | for an opportunity for a hearing, as provided in subdivision | 12 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 13 | | the vehicle to the owner of record, lessee, or a lienholder of | 14 | | record upon payment of all administrative fees and towing and | 15 | | storage fees. | 16 | | (e) Any ordinance establishing procedures for the | 17 | | impoundment
and release of vehicles under this Section shall | 18 | | include the following provisions concerning notice of | 19 | | impoundment: | 20 | | (1) Whenever
a police officer has cause to believe that | 21 | | a motor vehicle is subject to impoundment, the officer
| 22 | | shall provide for the towing of the vehicle to a facility | 23 | | authorized by the county or municipality. | 24 | | (2) At the
time the vehicle is towed, the county or | 25 | | municipality shall notify or make a reasonable attempt to | 26 | | notify the
owner, lessee, or person identifying himself or |
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| 1 | | herself as the owner or lessee of the vehicle, or any | 2 | | person
who is found to be in control of the vehicle at the | 3 | | time of the alleged offense, of the fact of the
seizure, | 4 | | and of the vehicle owner's or lessee's right to an | 5 | | administrative hearing. | 6 | | (3) The county or municipality shall
also provide | 7 | | notice that the motor vehicle will remain impounded pending | 8 | | the completion of an
administrative hearing, unless the | 9 | | owner or lessee of the vehicle or a lienholder posts with | 10 | | the county or
municipality a bond equal to the | 11 | | administrative fee as provided by ordinance and pays for | 12 | | all
towing and storage charges. | 13 | | (f) Any ordinance establishing procedures for the | 14 | | impoundment and
release of vehicles under this Section shall | 15 | | include a provision providing that the
registered owner or | 16 | | lessee of the vehicle and any lienholder of record shall be | 17 | | provided with a
notice of hearing. The notice shall: | 18 | | (1) be served upon the owner, lessee, and any | 19 | | lienholder of record either by personal service or by first | 20 | | class mail to the interested party's address as registered | 21 | | with the Secretary of State; | 22 | | (2) be served upon interested parties within 10 days | 23 | | after a vehicle is impounded by the municipality; and | 24 | | (3) contain the date, time, and location of the | 25 | | administrative hearing. An
initial hearing shall be | 26 | | scheduled and convened no later than 45 days after the date |
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| 1 | | of
the mailing of the notice of hearing. | 2 | | (g) In addition to the requirements contained in
| 3 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 4 | | administrative hearings, any ordinance providing for the | 5 | | impoundment
and release of vehicles under this Section shall | 6 | | include the following requirements concerning administrative | 7 | | hearings: | 8 | | (1) administrative hearings shall be conducted by a | 9 | | hearing officer who is an attorney licensed to practice law | 10 | | in this State for a minimum of 3 years; | 11 | | (2) at the conclusion of the administrative hearing, | 12 | | the hearing officer shall issue
a written decision either | 13 | | sustaining or overruling the vehicle impoundment; | 14 | | (3) if the basis for the vehicle
impoundment is | 15 | | sustained by the administrative hearing officer, any | 16 | | administrative fee posted to
secure the release of the | 17 | | vehicle shall be forfeited to the county or municipality; | 18 | | (4) all final decisions of the administrative hearing | 19 | | officer shall be subject to
review under the provisions of | 20 | | the Administrative Review Law, unless the county or | 21 | | municipality allows in the enabling ordinance for direct | 22 | | appeal to the circuit court having jurisdiction over the | 23 | | county or municipality; and | 24 | | (5) unless the administrative hearing
officer | 25 | | overturns the basis for the vehicle impoundment, no vehicle | 26 | | shall be released to the owner, lessee, or lienholder of |
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| 1 | | record until
all administrative fees and towing and storage | 2 | | charges are paid. | 3 | | (6) if the basis for vehicle impoundment is not | 4 | | sustained by the administrative hearing officer, the | 5 | | county or municipality shall be liable to the registered | 6 | | owner or lessee of the vehicle for loss of use and | 7 | | attorney's fees. | 8 | | (h) Vehicles not retrieved from the towing facility or | 9 | | storage facility
within 35 days after the administrative | 10 | | hearing officer issues a written decision shall be deemed | 11 | | abandoned and disposed of in accordance with the provisions of | 12 | | Article II of Chapter
4 of this Code. | 13 | | (i) Unless stayed by a court of competent jurisdiction, any | 14 | | fine, penalty, or administrative fee imposed under this
Section | 15 | | which remains unpaid in whole or in part after the expiration | 16 | | of the deadline for seeking judicial
review under the | 17 | | Administrative Review Law may be enforced in the same manner as | 18 | | a judgment entered by a court of
competent jurisdiction. | 19 | | (j) For purposes of this Section, "emergency circumstance" | 20 | | includes an act of God, hospitalization, or other | 21 | | immobilization of the registered owner or lessee.
| 22 | | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13; | 23 | | 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff. | 24 | | 7-16-14 .)
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