Illinois General Assembly - Full Text of SB2261
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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:
 
625 ILCS 5/11-208.7

    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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FISCAL NOTE ACT MAY APPLY

 

 

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, but shall not exceed the actual cost of
19services provided. The administrative fee shall be waived by
20the county or municipality upon verifiable proof that: the
21vehicle 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
6impoundment and release of vehicles under this Section shall
7provide that vehicles may not be impounded for illegal parking
8not exceeding 48 hours, due to an emergency circumstance.
9    (b) Any ordinance establishing procedures for the release
10of properly impounded vehicles under this Section may impose
11fees 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
19administrative 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
10of properly impounded vehicles under this Section shall provide
11for 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
13the vehicle to the owner of record, lessee, or a lienholder of
14record upon payment of all administrative fees and towing and
15storage fees.
16    (e) Any ordinance establishing procedures for the
17impoundment and release of vehicles under this Section shall
18include the following provisions concerning notice of
19impoundment:
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
14impoundment and release of vehicles under this Section shall
15include a provision providing that the registered owner or
16lessee of the vehicle and any lienholder of record shall be
17provided 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
3subdivision (b)(4) of Section 11-208.3 of this Code relating to
4administrative hearings, any ordinance providing for the
5impoundment and release of vehicles under this Section shall
6include the following requirements concerning administrative
7hearings:
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
9storage facility within 35 days after the administrative
10hearing officer issues a written decision shall be deemed
11abandoned and disposed of in accordance with the provisions of
12Article II of Chapter 4 of this Code.
13    (i) Unless stayed by a court of competent jurisdiction, any
14fine, penalty, or administrative fee imposed under this Section
15which remains unpaid in whole or in part after the expiration
16of the deadline for seeking judicial review under the
17Administrative Review Law may be enforced in the same manner as
18a judgment entered by a court of competent jurisdiction.
19    (j) For purposes of this Section, "emergency circumstance"
20includes an act of God, hospitalization, or other
21immobilization of the registered owner or lessee.
22(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
2398-518, eff. 8-22-13; 98-734, eff. 1-1-15; 98-756, eff.
247-16-14.)