HB0552 Engrossed LRB095 04923 DRH 24989 b

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 adding
5 Section 11-208.7 as follows:
 
6     (625 ILCS 5/11-208.7 new)
7     Sec. 11-208.7. Administrative fees and procedures for
8 impounding vehicles for specified violations.
9     (a) Any municipality may, consistent with this Section,
10 provide by ordinance procedures for the release of properly
11 impounded vehicles and for the imposition of a reasonable
12 administrative fee related to its administrative and
13 processing costs associated with the removal, impoundment,
14 storage, and release of the vehicle. The administrative fee
15 shall be waived by the municipality upon verifiable proof that
16 the vehicle was stolen at the time the vehicle was impounded.
17     (b) Any ordinance establishing procedures for the release
18 of properly impounded vehicles under this Section may impose
19 fees for the following violations:
20         (1) operation or use of a motor vehicle in the
21     commission of, or in the attempt to commit, an offense for
22     which a motor vehicle may be seized and forfeited pursuant
23     to Section 36-1 of the Criminal Code of 1961; or

 

 

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1         (2) driving under the influence of alcohol, another
2     drug or drugs, an intoxicating compound or compounds, or
3     any combination thereof, in violation of Section 11-501 of
4     this Code; or
5         (3) operation or use of a motor vehicle in the
6     commission of, or in the attempt to commit, a felony or in
7     violation of the Cannabis Control Act; or
8         (4) operation or use of a motor vehicle in the
9     commission of, or in the attempt to commit, an offense in
10     violation of the Illinois Controlled Substances Act; or
11         (5) operation or use of a motor vehicle in the
12     commission of, or in the attempt to commit, an offense in
13     violation of Section 24-1, 24-1.5, or 24-3.1 of the
14     Criminal Code of 1961; or
15         (6) driving while a driver's license, permit, or
16     privilege to operate a motor vehicle is suspended or
17     revoked pursuant to Section 6-303 of this Code; except that
18     vehicles shall not be subjected to seizure or impoundment
19     if the suspension is for an unpaid citation (parking or
20     moving) or due to failure to comply with emission testing;
21     or
22         (7) operation or use of a motor vehicle while
23     soliciting, possessing, or attempting to solicit or
24     possess cannabis or a controlled substance, as defined by
25     the Cannabis Control Act or the Illinois Controlled
26     Substances Act; or

 

 

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1         (8) operation or use of a motor vehicle with an expired
2     driver's license, in violation of Section 6-101 of this
3     Code, if the period of expiration is greater than one year;
4     or
5         (9) operation or use of a motor vehicle without ever
6     having been issued a driver's license or permit, in
7     violation of Section 6-101 of this Code, or operating a
8     motor vehicle without ever having been issued a driver's
9     license or permit due to a person's age; or
10         (10) operation or use of a motor vehicle by a person
11     against whom a warrant has been issued by a circuit clerk
12     in Illinois for failing to answer charges that the driver
13     violated Section 6-101, 6-303, or 11-501 of this Code.
14     (c) The following shall apply to any fees imposed for
15 administrative and processing costs pursuant to subsection
16 (b):
17         (1) The fees shall be imposed on the registered owner
18     or the agents of that owner.
19         (2) The fees shall be in addition to any other
20     penalties that may be assessed by a court of law for the
21     underlying violations.
22         (3) The fees shall be uniform for all similarly
23     situated vehicles.
24         (4) The fees shall be collected by and paid to the
25     municipality imposing the fees.
26     (d) Any ordinance establishing procedures for the release

 

 

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1 of properly impounded vehicles under this Section shall provide
2 for an opportunity for a hearing, as provided in subdivision
3 (b)(4) of Section 11-208.3 of this Code, and for the release of
4 the vehicle to a lienholder of record upon payment of all
5 administrative fees.