Full Text of HB4743 98th General Assembly
HB4743enr 98TH GENERAL ASSEMBLY |
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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. The administrative fee shall be waived by | 19 | | the county or municipality upon verifiable proof that the | 20 | | vehicle was stolen at the time the vehicle was impounded. | 21 | | (b) Any ordinance establishing procedures for the release | 22 | | of properly impounded vehicles under this Section may impose | 23 | | fees for the following violations: |
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| 1 | | (1) operation or use of a motor vehicle in the | 2 | | commission of, or in the attempt to commit, an offense for | 3 | | which a motor vehicle may be seized and forfeited pursuant | 4 | | to Section 36-1 of the Criminal Code of 2012; or | 5 | | (2) driving under the influence of alcohol, another | 6 | | drug or drugs, an intoxicating compound or compounds, or | 7 | | any combination thereof, in violation of Section 11-501 of | 8 | | this Code; or | 9 | | (3) operation or use of a motor vehicle in the | 10 | | commission of, or in the attempt to commit, a felony or in | 11 | | violation of the Cannabis Control Act; or | 12 | | (4) operation or use of a motor vehicle in the | 13 | | commission of, or in the attempt to commit, an offense in | 14 | | violation of the Illinois Controlled Substances Act; or | 15 | | (5) operation or use of a motor vehicle in the | 16 | | commission of, or in the attempt to commit, an offense in | 17 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 19 | | (6) driving while a driver's license, permit, or | 20 | | privilege to operate a motor vehicle is suspended or | 21 | | revoked pursuant to Section 6-303 of this Code; except that | 22 | | vehicles shall not be subjected to seizure or impoundment | 23 | | if the suspension is for an unpaid citation (parking or | 24 | | moving) or due to failure to comply with emission testing; | 25 | | or | 26 | | (7) operation or use of a motor vehicle while |
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| 1 | | soliciting, possessing, or attempting to solicit or | 2 | | possess cannabis or a controlled substance, as defined by | 3 | | the Cannabis Control Act or the Illinois Controlled | 4 | | Substances Act; or | 5 | | (8) operation or use of a motor vehicle with an expired | 6 | | driver's license, in violation of Section 6-101 of this | 7 | | Code, if the period of expiration is greater than one year; | 8 | | or | 9 | | (9) operation or use of a motor vehicle without ever | 10 | | having been issued a driver's license or permit, in | 11 | | violation of Section 6-101 of this Code, or operating a | 12 | | motor vehicle without ever having been issued a driver's | 13 | | license or permit due to a person's age; or | 14 | | (10) operation or use of a motor vehicle by a person | 15 | | against whom a warrant has been issued by a circuit clerk | 16 | | in Illinois for failing to answer charges that the driver | 17 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 18 | | (11) operation or use of a motor vehicle in the | 19 | | commission of, or in the attempt to commit, an offense in | 20 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 21 | | or the Criminal Code of 2012; or | 22 | | (12) operation or use of a motor vehicle in the | 23 | | commission of, or in the attempt to commit, any other
| 24 | | misdemeanor or felony offense in violation of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012, when so provided | 26 | | by
local ordinance; or |
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| 1 | | (13) operation or use of a motor vehicle in violation | 2 | | of Section 11-503 of this Code: | 3 | | (A) while the vehicle is part of a funeral | 4 | | procession; or | 5 | | (B) in a manner that interferes with a funeral | 6 | | procession. | 7 | | (c) The following shall apply to any fees imposed for | 8 | | administrative and processing costs pursuant to subsection | 9 | | (b): | 10 | | (1) All administrative fees and towing and storage | 11 | | charges shall be imposed on the registered owner of the | 12 | | motor vehicle or the agents of that owner. | 13 | | (2) The fees shall be in addition to (i) any other | 14 | | penalties that may be assessed by a court of law for the | 15 | | underlying violations; and (ii) any towing or storage fees, | 16 | | or both, charged by the towing company. | 17 | | (3) The fees shall be uniform for all similarly | 18 | | situated vehicles. | 19 | | (4) The fees shall be collected by and paid to the | 20 | | county or municipality imposing the fees. | 21 | | (5) The towing or storage fees, or both, shall be | 22 | | collected by and paid to the person, firm, or entity that | 23 | | tows and stores the impounded vehicle. | 24 | | (d) Any ordinance establishing procedures for the release | 25 | | of properly impounded vehicles under this Section shall provide | 26 | | for an opportunity for a hearing, as provided in subdivision |
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| 1 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 2 | | the vehicle to the owner of record, lessee, or a lienholder of | 3 | | record upon payment of all administrative fees and towing and | 4 | | storage fees. | 5 | | (e) Any ordinance establishing procedures for the | 6 | | impoundment
and release of vehicles under this Section shall | 7 | | include the following provisions concerning notice of | 8 | | impoundment: | 9 | | (1) Whenever
a police officer has cause to believe that | 10 | | a motor vehicle is subject to impoundment, the officer
| 11 | | shall provide for the towing of the vehicle to a facility | 12 | | authorized by the county or municipality. | 13 | | (2) At the
time the vehicle is towed, the county or | 14 | | municipality shall notify or make a reasonable attempt to | 15 | | notify the
owner, lessee, or person identifying himself or | 16 | | herself as the owner or lessee of the vehicle, or any | 17 | | person
who is found to be in control of the vehicle at the | 18 | | time of the alleged offense, of the fact of the
seizure, | 19 | | and of the vehicle owner's or lessee's right to an | 20 | | administrative hearing. | 21 | | (3) The county or municipality shall
also provide | 22 | | notice that the motor vehicle will remain impounded pending | 23 | | the completion of an
administrative hearing, unless the | 24 | | owner or lessee of the vehicle or a lienholder posts with | 25 | | the county or
municipality a bond equal to the | 26 | | administrative fee as provided by ordinance and pays for |
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| 1 | | all
towing and storage charges. | 2 | | (f) Any ordinance establishing procedures for the | 3 | | impoundment and
release of vehicles under this Section shall | 4 | | include a provision providing that the
registered owner or | 5 | | lessee of the vehicle and any lienholder of record shall be | 6 | | provided with a
notice of hearing. The notice shall: | 7 | | (1) be served upon the owner, lessee, and any | 8 | | lienholder of record either by personal service or by first | 9 | | class mail to the interested party's address as registered | 10 | | with the Secretary of State; | 11 | | (2) be served upon interested parties within 10 days | 12 | | after a vehicle is impounded by the municipality; and | 13 | | (3) contain the date, time, and location of the | 14 | | administrative hearing. An
initial hearing shall be | 15 | | scheduled and convened no later than 45 days after the date | 16 | | of
the mailing of the notice of hearing. | 17 | | (g) In addition to the requirements contained in
| 18 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 19 | | administrative hearings, any ordinance providing for the | 20 | | impoundment
and release of vehicles under this Section shall | 21 | | include the following requirements concerning administrative | 22 | | hearings: | 23 | | (1) administrative hearings shall be conducted by a | 24 | | hearing officer who is an attorney licensed to practice law | 25 | | in this State for a minimum of 3 years; | 26 | | (2) at the conclusion of the administrative hearing, |
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| 1 | | the hearing officer shall issue
a written decision either | 2 | | sustaining or overruling the vehicle impoundment; | 3 | | (3) if the basis for the vehicle
impoundment is | 4 | | sustained by the administrative hearing officer, any | 5 | | administrative fee posted to
secure the release of the | 6 | | vehicle shall be forfeited to the county or municipality; | 7 | | (4) all final decisions of the administrative hearing | 8 | | officer shall be subject to
review under the provisions of | 9 | | the Administrative Review Law , unless the county or | 10 | | municipality allows in the enabling ordinance for direct | 11 | | appeal to the circuit court having jurisdiction over the | 12 | | county or municipality ; and | 13 | | (5) unless the administrative hearing
officer | 14 | | overturns the basis for the vehicle impoundment, no vehicle | 15 | | shall be released to the owner, lessee, or lienholder of | 16 | | record until
all administrative fees and towing and storage | 17 | | charges are paid. | 18 | | (h) Vehicles not retrieved from the towing facility or | 19 | | storage facility
within 35 days after the administrative | 20 | | hearing officer issues a written decision shall be deemed | 21 | | abandoned and disposed of in accordance with the provisions of | 22 | | Article II of Chapter
4 of this Code. | 23 | | (i) Unless stayed by a court of competent jurisdiction, any | 24 | | fine, penalty, or administrative fee imposed under this
Section | 25 | | which remains unpaid in whole or in part after the expiration | 26 | | of the deadline for seeking judicial
review under the |
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| 1 | | Administrative Review Law may be enforced in the same manner as | 2 | | a judgment entered by a court of
competent jurisdiction.
| 3 | | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13; | 4 | | 98-518, eff. 8-22-13; revised 9-19-13.)
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