Sen. Bill Cunningham

Filed: 3/8/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 2654 on page 1,
3line 5, by replacing "Section 4-203" with "Sections 4-203 and
44-204"; and
5on page 11, lines 6 and 7, by replacing "medicine or medical
6devices, including hearing instruments;" with "medicine or
7personal health care devices or equipment, including hearing
8instruments;"; and
9by replacing line 25 on page 13 through line 5 on page 14 with
10the following:
11    "(j) Notwithstanding any other provision of law, a person
12who has indicated in a timely filed report to the appropriate
13law enforcement agency that a vehicle has been stolen or
14hijacked and who provides a dated copy of the report to the
15towing service, may be liable for a towing service fee at the
16posted rate of the towing service as provided by paragraph (6)



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1of subsection (f), and the towing service may enjoy a lien to
2secure payment of such a fee, but the person is not liable for
3any other violation, storage fee or any other fee, fine, lien,
4or penalty that is imposed under this Section while the
5vehicle is stolen or hijacked or that results from the vehicle
6being stolen or hijacked."; and
7on page 14, immediately below line 6, by inserting the
9    "(625 ILCS 5/4-204)  (from Ch. 95 1/2, par. 4-204)
10    Sec. 4-204. Police tows; reports, release of vehicles,
11payment. When a vehicle is authorized to be towed away as
12provided in Section 4-202 or 4-203:
13        (a) The authorization, the name of the registered
14    owner of the vehicle, the contact information of the
15    registered owner of the vehicle, any hold order, and any
16    release shall be in writing, or confirmed in writing, with
17    a copy given to the towing service.
18        (b) The police headquarters or office of the law
19    officer authorizing the towing shall keep and maintain a
20    record of the vehicle towed, listing the color, year of
21    manufacture, manufacturer's trade name, manufacturer's
22    series name, body style, Vehicle Identification Number,
23    license plate or digital license plate year and number and
24    registration sticker or digital registration sticker year



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1    and number displayed on the vehicle. The record shall also
2    include the date and hour of tow, location towed from,
3    location towed to, reason for towing and the name of the
4    officer authorizing the tow.
5        (c) The owner, operator, or other legally entitled
6    person shall be responsible to the towing service for
7    payment of applicable removal, towing, storage, and
8    processing charges and collection costs associated with a
9    vehicle towed or held under order or authorization of a
10    law enforcement agency. If a vehicle towed or held under
11    order or authorization of a law enforcement agency is
12    seized by the ordering or authorizing agency or any other
13    law enforcement or governmental agency and sold, any
14    unpaid removal, towing, storage, and processing charges
15    and collection costs shall be paid to the towing service
16    from the proceeds of the sale. If applicable law provides
17    that the proceeds are to be paid into the treasury of the
18    appropriate civil jurisdiction, then any unpaid removal,
19    towing, storage, and processing charges and collection
20    costs shall be paid to the towing service from the
21    treasury of the civil jurisdiction. That payment shall
22    not, however, exceed the amount of proceeds from the sale,
23    with the balance to be paid by the owner, operator, or
24    other legally entitled person.
25        (d) Upon delivery of a written release order to the
26    towing service, a vehicle subject to a hold order shall be



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1    released to the owner, operator, or other legally entitled
2    person upon proof of ownership or other entitlement and
3    upon payment of applicable removal, towing, storage, and
4    processing charges and collection costs.
5(Source: P.A. 101-395, eff. 8-16-19.)".