Full Text of HB0841 95th General Assembly
HB0841enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 4-203 and 4-214.1 as follows: | 6 |
| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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| Sec. 4-203. Removal of motor vehicles or other vehicles; | 8 |
| Towing or
hauling away.
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| (a) When a vehicle is abandoned, or left unattended, on a | 10 |
| toll
highway, interstate highway, or expressway for 2 hours or | 11 |
| more, its
removal by a towing service may be authorized by a | 12 |
| law enforcement
agency having jurisdiction.
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| (b) When a vehicle is abandoned on a highway in an urban | 14 |
| district 10
hours or more, its removal by a towing service may | 15 |
| be authorized by a
law enforcement agency having jurisdiction.
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| (c) When a vehicle is abandoned or left unattended on a | 17 |
| highway
other than a toll highway, interstate highway, or | 18 |
| expressway, outside of
an urban district for 24 hours or more, | 19 |
| its removal by a towing service
may be authorized by a law | 20 |
| enforcement agency having jurisdiction.
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| (d) When an abandoned, unattended, wrecked, burned or | 22 |
| partially
dismantled vehicle is creating a traffic hazard | 23 |
| because of its position
in relation to the highway or its |
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| physical appearance is causing the
impeding of traffic, its | 2 |
| immediate removal from the highway or private
property adjacent | 3 |
| to the highway by a towing service may be authorized
by a law | 4 |
| enforcement agency having jurisdiction.
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| (e) Whenever a
peace officer reasonably believes that a | 6 |
| person under
arrest for a violation of Section 11-501 of this | 7 |
| Code or a similar
provision of a local ordinance is likely, | 8 |
| upon release, to commit a
subsequent violation of Section | 9 |
| 11-501, or a similar provision of a local
ordinance, the | 10 |
| arresting officer shall have the vehicle which the person
was | 11 |
| operating at the time of the arrest impounded for a period of | 12 |
| not more
than 12 hours after the time of arrest. However, such | 13 |
| vehicle may be
released by the arresting law enforcement agency | 14 |
| prior to the end of the
impoundment period if:
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| (1) the vehicle was not owned by the person under | 16 |
| arrest, and the lawful
owner requesting such release | 17 |
| possesses a valid operator's license, proof
of ownership, | 18 |
| and would not, as determined by the arresting law | 19 |
| enforcement
agency, indicate a lack of ability to operate a | 20 |
| motor vehicle in a safe
manner, or who would otherwise, by | 21 |
| operating such motor vehicle, be in
violation of this Code; | 22 |
| or
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| (2) the vehicle is owned by the person under arrest, | 24 |
| and the person
under arrest gives permission to another | 25 |
| person to operate such vehicle,
provided however, that the | 26 |
| other person possesses a valid operator's license
and would |
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| not, as determined by the arresting law enforcement
agency, | 2 |
| indicate a lack of ability to operate a motor vehicle in a | 3 |
| safe
manner or who would otherwise, by operating such motor | 4 |
| vehicle, be in
violation of this Code.
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| (e-5) Whenever a registered owner of a vehicle is taken | 6 |
| into custody for
operating the vehicle in violation of Section | 7 |
| 11-501 of this Code or a similar
provision of a local ordinance | 8 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 9 |
| have the vehicle immediately impounded for a period not less | 10 |
| than:
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| (1) 24 hours for a second violation of Section 11-501 | 12 |
| of this Code or a
similar provision of a local ordinance or | 13 |
| Section 6-303
of
this Code or a combination of these | 14 |
| offenses; or
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| (2) 48 hours for a third violation of Section 11-501 of | 16 |
| this Code or a
similar provision of a local ordinance or | 17 |
| Section 6-303 of this
Code or a combination of these | 18 |
| offenses.
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| The vehicle may be released sooner if the vehicle is owned | 20 |
| by the person
under arrest and the person under arrest gives | 21 |
| permission to another person to
operate the vehicle and that | 22 |
| other person possesses a valid operator's license
and would | 23 |
| not, as determined by the arresting law enforcement agency, | 24 |
| indicate
a lack of ability to operate a motor vehicle in a safe | 25 |
| manner or would
otherwise, by operating the motor vehicle, be | 26 |
| in violation of this Code.
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| (f) Except as provided in Chapter 18a of this Code, the | 2 |
| owner or
lessor of privately owned real property within this | 3 |
| State, or any person
authorized by such owner or lessor, or any | 4 |
| law enforcement agency in the
case of publicly owned real | 5 |
| property may cause any motor vehicle abandoned
or left | 6 |
| unattended upon such property without permission to be removed | 7 |
| by a
towing service without liability for the costs of removal, | 8 |
| transportation
or storage or damage caused by such removal, | 9 |
| transportation or storage.
The towing or removal of any vehicle | 10 |
| from private property without the
consent of the registered | 11 |
| owner or other legally authorized person in
control of the | 12 |
| vehicle is subject to compliance with the following
conditions | 13 |
| and restrictions:
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| 1. Any towed or removed vehicle must be stored at the | 15 |
| site of the towing
service's place of business. The site | 16 |
| must be open during business hours,
and for the purpose of | 17 |
| redemption of vehicles, during the time that the
person or | 18 |
| firm towing such vehicle is open for towing purposes.
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| 2. The towing service shall within 30 minutes of | 20 |
| completion of such
towing or removal, notify the law | 21 |
| enforcement agency having jurisdiction of
such towing or | 22 |
| removal, and the make, model, color and license plate | 23 |
| number
of the vehicle, and shall obtain and record the name | 24 |
| of the person at the law
enforcement agency to whom such | 25 |
| information was reported.
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| 3. If the registered owner or legally authorized person |
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| entitled to
possession of the vehicle shall arrive at the | 2 |
| scene prior to actual removal
or towing of the vehicle, the | 3 |
| vehicle shall be disconnected from the tow
truck and that | 4 |
| person shall be allowed to remove the vehicle without
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| interference, upon the payment of a reasonable service fee | 6 |
| of not more than
one half the posted rate of the towing | 7 |
| service as provided in paragraph
6 of this subsection, for | 8 |
| which a receipt shall be given.
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| 4. The rebate or payment of money or any other valuable | 10 |
| consideration
from the towing service or its owners, | 11 |
| managers or employees to the owners
or operators of the | 12 |
| premises from which the vehicles are towed or removed,
for | 13 |
| the privilege of removing or towing those vehicles, is | 14 |
| prohibited. Any
individual who violates this paragraph | 15 |
| shall be guilty of a Class A
misdemeanor.
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| 5. Except for property appurtenant to and obviously a | 17 |
| part of a single
family residence, and except for instances | 18 |
| where notice is personally given
to the owner or other | 19 |
| legally authorized person in control of the vehicle
that | 20 |
| the area in which that vehicle is parked is reserved or | 21 |
| otherwise
unavailable to unauthorized vehicles and they | 22 |
| are subject to being removed
at the owner or operator's | 23 |
| expense, any property owner or lessor, prior to
towing or | 24 |
| removing any vehicle from private property without the | 25 |
| consent of
the owner or other legally authorized person in | 26 |
| control of that vehicle,
must post a notice meeting the |
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| following requirements:
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| a. Except as otherwise provided in subparagraph | 3 |
| a.1 of this subdivision (f)5, the notice must be | 4 |
| prominently placed at each driveway access or curb
cut | 5 |
| allowing vehicular access to the property within 5 feet | 6 |
| from the public
right-of-way line. If there are no | 7 |
| curbs or access barriers, the sign must
be posted not | 8 |
| less than one sign each 100 feet of lot frontage.
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| a.1. In a municipality with a population of less | 10 |
| than 250,000, as an alternative to the requirement of | 11 |
| subparagraph a of this subdivision (f)5, the notice for | 12 |
| a parking lot contained within property used solely for | 13 |
| a 2-family, 3-family, or 4-family residence may be | 14 |
| prominently placed at the perimeter of the parking lot, | 15 |
| in a position where the notice is visible to the | 16 |
| occupants of vehicles entering the lot.
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| b. The notice must indicate clearly, in not less | 18 |
| than 2 inch high
light-reflective letters on a | 19 |
| contrasting background, that unauthorized
vehicles | 20 |
| will be towed away at the owner's expense.
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| c. The notice must also provide the name and | 22 |
| current telephone
number of the towing service towing | 23 |
| or removing the vehicle.
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| d. The sign structure containing the required | 25 |
| notices must be
permanently installed with the bottom | 26 |
| of the sign not less than 4 feet
above ground level, |
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| and must be continuously maintained on the property for
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| not less than 24 hours prior to the towing or removing | 3 |
| of any vehicle.
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| 6. Any towing service that tows or removes vehicles and | 5 |
| proposes to
require the owner, operator, or person in | 6 |
| control of the vehicle to pay the
costs of towing and | 7 |
| storage prior to redemption of the vehicle must file
and | 8 |
| keep on record with the local law enforcement agency a | 9 |
| complete copy of
the current rates to be charged for such | 10 |
| services, and post at the storage
site an identical rate | 11 |
| schedule and any written contracts with property
owners, | 12 |
| lessors, or persons in control of property which authorize | 13 |
| them to
remove vehicles as provided in this Section.
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| 7. No person shall engage in the removal of vehicles | 15 |
| from private
property as described in this Section without | 16 |
| filing a notice of intent
in each community where he | 17 |
| intends to do such removal, and such
notice shall be filed | 18 |
| at least 7 days before commencing such towing.
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| 8. No removal of a vehicle from private property shall | 20 |
| be done except
upon express written instructions of the | 21 |
| owners or persons in charge of the
private property upon | 22 |
| which the vehicle is said to be trespassing.
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| 9. Vehicle entry for the purpose of removal shall be | 24 |
| allowed with
reasonable care on the part of the person or | 25 |
| firm towing the vehicle. Such
person or firm shall be | 26 |
| liable for any damages occasioned to the vehicle if
such |
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| entry is not in accordance with the standards of reasonable | 2 |
| care.
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| 10. When a vehicle has been towed or removed pursuant | 4 |
| to this Section,
it must be released to its owner or | 5 |
| custodian within one half hour after
requested, if such | 6 |
| request is made during business hours. Any vehicle owner
or | 7 |
| custodian or agent shall have the right to inspect the | 8 |
| vehicle before
accepting its return, and no release or | 9 |
| waiver of any kind which would
release the towing service | 10 |
| from liability for damages incurred during the
towing and | 11 |
| storage may be required from any vehicle owner or other | 12 |
| legally
authorized person as a condition of release of the | 13 |
| vehicle. A detailed,
signed receipt showing the legal name | 14 |
| of the towing service must be given
to the person paying | 15 |
| towing or storage charges at the time of payment,
whether | 16 |
| requested or not.
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| This Section shall not apply to law enforcement, | 18 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 19 |
| which are marked as such or to
property owned by any | 20 |
| governmental entity.
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| When an authorized person improperly causes a motor vehicle | 22 |
| to be
removed, such person shall be liable to the owner or | 23 |
| lessee of the vehicle
for the cost or removal, transportation | 24 |
| and storage, any damages resulting
from the removal, | 25 |
| transportation and storage, attorney's fee and court costs.
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| Any towing or storage charges accrued shall be payable by |
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| the use of any
major credit card, in addition to being payable | 2 |
| in cash.
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| 11. Towing companies shall also provide insurance | 4 |
| coverage for areas
where vehicles towed under the | 5 |
| provisions of this Chapter will be impounded
or otherwise | 6 |
| stored, and shall adequately cover loss by fire, theft or
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| other risks.
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| Any person who fails to comply with the conditions and | 9 |
| restrictions of
this subsection shall be guilty of a Class C | 10 |
| misdemeanor and shall be fined
not less than $100 nor more than | 11 |
| $500.
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| (g) When a vehicle is determined to be a hazardous | 13 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 14 |
| Illinois Municipal Code, its
removal and impoundment by a | 15 |
| towing service may be authorized by a law
enforcement agency | 16 |
| with appropriate jurisdiction.
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| When a vehicle removal from either public or private | 18 |
| property is
authorized by a law enforcement agency, the owner | 19 |
| of the vehicle shall be
responsible for all towing and storage | 20 |
| charges.
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| Vehicles removed from public or private property and
stored | 22 |
| by a commercial vehicle relocator or any other towing service | 23 |
| authorized by a law enforcement agency in
compliance with this | 24 |
| Section and Sections 4-201 and 4-202
of this Code, or at the | 25 |
| request of the vehicle owner or operator,
shall
be subject to a | 26 |
| possessor lien for services
pursuant to the Labor and Storage |
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| Lien (Small Amount) Act. The provisions of Section 1 of that | 2 |
| Act relating to notice
and implied consent shall be deemed | 3 |
| satisfied by compliance with Section
18a-302 and subsection (6) | 4 |
| of Section 18a-300. In no event shall such lien
be greater than | 5 |
| the rate or rates established in accordance with subsection
(6) | 6 |
| of Section 18a-200 of this Code. In no event shall such lien be
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| increased or altered to reflect any charge for services or | 8 |
| materials
rendered in addition to those authorized by this Act. | 9 |
| Every such lien
shall be payable by use of any major credit | 10 |
| card, in addition to being
payable in cash.
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| Any personal property belonging to the vehicle owner in a | 12 |
| vehicle subject to a lien under this
subsection
(g) shall | 13 |
| likewise be subject to that lien, excepting only:
food; | 14 |
| medicine; perishable property; any operator's licenses; any | 15 |
| cash, credit
cards, or checks or checkbooks; and any wallet, | 16 |
| purse, or other property
containing any operator's license or | 17 |
| other identifying documents or materials,
cash, credit cards, | 18 |
| checks, or checkbooks.
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| No lien under this subsection (g) shall:
exceed $2,000 in | 20 |
| its total amount; or
be increased or altered to reflect any | 21 |
| charge for services or
materials rendered in addition to those | 22 |
| authorized by this Act.
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| (Source: P.A. 94-522, eff. 8-10-05; 94-784, eff. 1-1-07.)
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| (625 ILCS 5/4-214.1)
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| Sec. 4-214.1. Failure to pay fines, charges, and costs on |
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| an abandoned
vehicle.
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| (a) Whenever any resident of this State fails to pay any | 3 |
| fine, charge, or
cost imposed for a violation of Section 4-201 | 4 |
| of this Code, or a similar
provision of a local ordinance, the | 5 |
| clerk shall
may notify the Secretary of State, on
a report | 6 |
| prescribed by the Secretary, and the Secretary shall prohibit | 7 |
| the
renewal, reissue, or reinstatement of the resident's | 8 |
| driving privileges until
the fine, charge, or cost has been | 9 |
| paid in full. The clerk shall provide
notice to the owner, at | 10 |
| the owner's last known address as shown on the court's
records, | 11 |
| stating that the action will be effective on the 46th day | 12 |
| following
the date of the above notice if payment is not | 13 |
| received in full by the court of
venue.
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| (b) Following receipt of the report from the clerk, the | 15 |
| Secretary of State
shall make the proper notation to the | 16 |
| owner's file to prohibit the renewal,
reissue, or reinstatement | 17 |
| of the owner's driving privileges. Except as provided
in | 18 |
| subsection (d) of this Section, the notation shall not be | 19 |
| removed from the
owner's record until the owner satisfies the | 20 |
| outstanding fine, charge, or cost
and an appropriate notice on | 21 |
| a form prescribed by the Secretary is received by
the Secretary | 22 |
| from the court of venue, stating that the fine, charge, or cost
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| has been paid in full. Upon payment in full of a fine, charge, | 24 |
| or court cost
which has previously been reported under this | 25 |
| Section as unpaid, the clerk of
the court shall present the | 26 |
| owner with a signed receipt containing the seal of
the court |
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| indicating that the fine, charge, or cost has been paid in | 2 |
| full, and
shall forward immediately to the Secretary of State a | 3 |
| notice stating that the
fine, charge, or cost has been paid in | 4 |
| full.
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| (c) Notwithstanding the receipt of a report from the clerk | 6 |
| as prescribed in
subsection (a), nothing in this Section is | 7 |
| intended to place
any responsibility upon the Secretary of | 8 |
| State to provide independent
notice to the owner of any | 9 |
| potential action to disallow the
renewal, reissue, or | 10 |
| reinstatement of the owner's driving privileges.
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| (d) The Secretary of State shall renew, reissue, or | 12 |
| reinstate an owner's
driving privileges which were previously | 13 |
| refused under this Section upon
presentation of an original | 14 |
| receipt which is signed by the clerk of the court
and contains | 15 |
| the seal of the court indicating that the fine, charge, or cost
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| has been paid in full. The Secretary of State shall retain the | 17 |
| receipt for his
or her records.
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| (Source: P.A. 92-654, eff. 1-1-03; 93-86, eff. 1-1-04.)
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