SB2654sam001 103RD GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 3/8/2024

10300SB2654sam001 LRB103 35598 RTM 70834 a

AMENDMENT TO SENATE BILL 2654

AMENDMENT NO. ______. Amend Senate Bill 2654 on page 1, line 5, by replacing "Section 4-203" with "Sections 4-203 and 4-204"; and

on page 11, lines 6 and 7, by replacing "medicine or medical devices, including hearing instruments;" with "medicine or personal health care devices or equipment, including hearing instruments;"; and

by replacing line 25 on page 13 through line 5 on page 14 with the following:

"(j) Notwithstanding any other provision of law, a person who has indicated in a timely filed report to the appropriate law enforcement agency that a vehicle has been stolen or hijacked and who provides a dated copy of the report to the towing service, may be liable for a towing service fee at the posted rate of the towing service as provided by paragraph (6) of subsection (f), and the towing service may enjoy a lien to secure payment of such a fee, but the person is not liable for any other violation, storage fee or any other fee, fine, lien, or penalty that is imposed under this Section while the vehicle is stolen or hijacked or that results from the vehicle being stolen or hijacked."; and

on page 14, immediately below line 6, by inserting the following:

"(625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)

Sec. 4-204. Police tows; reports, release of vehicles, payment. When a vehicle is authorized to be towed away as provided in Section 4-202 or 4-203:

(a) The authorization, the name of the registered owner of the vehicle, the contact information of the registered owner of the vehicle, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service.

(b) The police headquarters or office of the law officer authorizing the towing shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, Vehicle Identification Number, license plate or digital license plate year and number and registration sticker or digital registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.

(c) The owner, operator, or other legally entitled person shall be responsible to the towing service for payment of applicable removal, towing, storage, and processing charges and collection costs associated with a vehicle towed or held under order or authorization of a law enforcement agency. If a vehicle towed or held under order or authorization of a law enforcement agency is seized by the ordering or authorizing agency or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale. If applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction. That payment shall not, however, exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person.

(d) Upon delivery of a written release order to the towing service, a vehicle subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs.

(Source: P.A. 101-395, eff. 8-16-19.)".