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Public Act 098-0734
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| HB4743 Enrolled | LRB098 16235 MLW 51294 b |
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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 |
Section 11-208.7 as follows:
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(625 ILCS 5/11-208.7) |
Sec. 11-208.7. Administrative fees and procedures for |
impounding vehicles for specified violations. |
(a) Any county or municipality may, consistent with this |
Section, provide by ordinance procedures for the release of |
properly impounded vehicles and for the imposition of a |
reasonable administrative fee related to its administrative |
and processing costs associated with the investigation, |
arrest, and detention of an offender, or the removal, |
impoundment, storage, and release of the vehicle. The |
administrative fee imposed by the county or municipality may be |
in addition to any fees
charged for the towing and storage of |
an impounded vehicle. The administrative fee shall be waived by |
the county or municipality upon verifiable proof that the |
vehicle was stolen at the time the vehicle was impounded. |
(b) Any ordinance establishing procedures for the release |
of properly impounded vehicles under this Section may impose |
fees for the following violations: |
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(1) operation or use of a motor vehicle in the |
commission of, or in the attempt to commit, an offense for |
which a motor vehicle may be seized and forfeited pursuant |
to Section 36-1 of the Criminal Code of 2012; or |
(2) driving under the influence of alcohol, another |
drug or drugs, an intoxicating compound or compounds, or |
any combination thereof, in violation of Section 11-501 of |
this Code; or |
(3) operation or use of a motor vehicle in the |
commission of, or in the attempt to commit, a felony or in |
violation of the Cannabis Control Act; or |
(4) operation or use of a motor vehicle in the |
commission of, or in the attempt to commit, an offense in |
violation of the Illinois Controlled Substances Act; or |
(5) operation or use of a motor vehicle in the |
commission of, or in the attempt to commit, an offense in |
violation of Section 24-1, 24-1.5, or 24-3.1 of the |
Criminal Code of 1961 or the Criminal Code of 2012; or |
(6) driving while a driver's license, permit, or |
privilege to operate a motor vehicle is suspended or |
revoked pursuant to Section 6-303 of this Code; except that |
vehicles shall not be subjected to seizure or impoundment |
if the suspension is for an unpaid citation (parking or |
moving) or due to failure to comply with emission testing; |
or |
(7) operation or use of a motor vehicle while |
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soliciting, possessing, or attempting to solicit or |
possess cannabis or a controlled substance, as defined by |
the Cannabis Control Act or the Illinois Controlled |
Substances Act; or |
(8) operation or use of a motor vehicle with an expired |
driver's license, in violation of Section 6-101 of this |
Code, if the period of expiration is greater than one year; |
or |
(9) operation or use of a motor vehicle without ever |
having been issued a driver's license or permit, in |
violation of Section 6-101 of this Code, or operating a |
motor vehicle without ever having been issued a driver's |
license or permit due to a person's age; or |
(10) operation or use of a motor vehicle by a person |
against whom a warrant has been issued by a circuit clerk |
in Illinois for failing to answer charges that the driver |
violated Section 6-101, 6-303, or 11-501 of this Code; or |
(11) operation or use of a motor vehicle in the |
commission of, or in the attempt to commit, an offense in |
violation of Article 16 or 16A of the Criminal Code of 1961 |
or the Criminal Code of 2012; or |
(12) operation or use of a motor vehicle in the |
commission of, or in the attempt to commit, any other
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misdemeanor or felony offense in violation of the Criminal |
Code of 1961 or the Criminal Code of 2012, when so provided |
by
local ordinance; or |
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(13) operation or use of a motor vehicle in violation |
of Section 11-503 of this Code: |
(A) while the vehicle is part of a funeral |
procession; or |
(B) in a manner that interferes with a funeral |
procession. |
(c) The following shall apply to any fees imposed for |
administrative and processing costs pursuant to subsection |
(b): |
(1) All administrative fees and towing and storage |
charges shall be imposed on the registered owner of the |
motor vehicle or the agents of that owner. |
(2) The fees shall be in addition to (i) any other |
penalties that may be assessed by a court of law for the |
underlying violations; and (ii) any towing or storage fees, |
or both, charged by the towing company. |
(3) The fees shall be uniform for all similarly |
situated vehicles. |
(4) The fees shall be collected by and paid to the |
county or municipality imposing the fees. |
(5) The towing or storage fees, or both, shall be |
collected by and paid to the person, firm, or entity that |
tows and stores the impounded vehicle. |
(d) Any ordinance establishing procedures for the release |
of properly impounded vehicles under this Section shall provide |
for an opportunity for a hearing, as provided in subdivision |
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(b)(4) of Section 11-208.3 of this Code, and for the release of |
the vehicle to the owner of record, lessee, or a lienholder of |
record upon payment of all administrative fees and towing and |
storage fees. |
(e) Any ordinance establishing procedures for the |
impoundment
and release of vehicles under this Section shall |
include the following provisions concerning notice of |
impoundment: |
(1) Whenever
a police officer has cause to believe that |
a motor vehicle is subject to impoundment, the officer
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shall provide for the towing of the vehicle to a facility |
authorized by the county or municipality. |
(2) At the
time the vehicle is towed, the county or |
municipality shall notify or make a reasonable attempt to |
notify the
owner, lessee, or person identifying himself or |
herself as the owner or lessee of the vehicle, or any |
person
who is found to be in control of the vehicle at the |
time of the alleged offense, of the fact of the
seizure, |
and of the vehicle owner's or lessee's right to an |
administrative hearing. |
(3) The county or municipality shall
also provide |
notice that the motor vehicle will remain impounded pending |
the completion of an
administrative hearing, unless the |
owner or lessee of the vehicle or a lienholder posts with |
the county or
municipality a bond equal to the |
administrative fee as provided by ordinance and pays for |
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all
towing and storage charges. |
(f) Any ordinance establishing procedures for the |
impoundment and
release of vehicles under this Section shall |
include a provision providing that the
registered owner or |
lessee of the vehicle and any lienholder of record shall be |
provided with a
notice of hearing. The notice shall: |
(1) be served upon the owner, lessee, and any |
lienholder of record either by personal service or by first |
class mail to the interested party's address as registered |
with the Secretary of State; |
(2) be served upon interested parties within 10 days |
after a vehicle is impounded by the municipality; and |
(3) contain the date, time, and location of the |
administrative hearing. An
initial hearing shall be |
scheduled and convened no later than 45 days after the date |
of
the mailing of the notice of hearing. |
(g) In addition to the requirements contained in
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subdivision (b)(4) of Section 11-208.3 of this Code relating to |
administrative hearings, any ordinance providing for the |
impoundment
and release of vehicles under this Section shall |
include the following requirements concerning administrative |
hearings: |
(1) administrative hearings shall be conducted by a |
hearing officer who is an attorney licensed to practice law |
in this State for a minimum of 3 years; |
(2) at the conclusion of the administrative hearing, |
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the hearing officer shall issue
a written decision either |
sustaining or overruling the vehicle impoundment; |
(3) if the basis for the vehicle
impoundment is |
sustained by the administrative hearing officer, any |
administrative fee posted to
secure the release of the |
vehicle shall be forfeited to the county or municipality; |
(4) all final decisions of the administrative hearing |
officer shall be subject to
review under the provisions of |
the Administrative Review Law, unless the county or |
municipality allows in the enabling ordinance for direct |
appeal to the circuit court having jurisdiction over the |
county or municipality; and |
(5) unless the administrative hearing
officer |
overturns the basis for the vehicle impoundment, no vehicle |
shall be released to the owner, lessee, or lienholder of |
record until
all administrative fees and towing and storage |
charges are paid. |
(h) Vehicles not retrieved from the towing facility or |
storage facility
within 35 days after the administrative |
hearing officer issues a written decision shall be deemed |
abandoned and disposed of in accordance with the provisions of |
Article II of Chapter
4 of this Code. |
(i) Unless stayed by a court of competent jurisdiction, any |
fine, penalty, or administrative fee imposed under this
Section |
which remains unpaid in whole or in part after the expiration |
of the deadline for seeking judicial
review under the |