Rep. Monique D. Davis
Filed: 3/8/2013
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1 | AMENDMENT TO HOUSE BILL 756
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2 | AMENDMENT NO. ______. Amend House Bill 756 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 4-211, 11-208.3, and 11-208.7 as follows:
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6 | (625 ILCS 5/4-211) (from Ch. 95 1/2, par. 4-211)
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7 | Sec. 4-211. Disposition of proceeds of sale of unclaimed | ||||||
8 | vehicles.
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9 | (a) When a vehicle located within the corporate limits of a | ||||||
10 | city,
village or town is authorized to be towed away by a law | ||||||
11 | enforcement agency
having jurisdiction and disposed of as set | ||||||
12 | forth in this Chapter, the
proceeds of the public sale or | ||||||
13 | disposition after the deduction of towing,
storage and | ||||||
14 | processing charges shall be deposited in the treasury of such
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15 | city, village or town. Furthermore, the public sale or | ||||||
16 | disposition of the vehicle shall discharge any fines, fees, or |
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1 | other costs associated with that vehicle which are due and | ||||||
2 | owing from the person who was the registered owner of the | ||||||
3 | vehicle at the time of its tow, impoundment, or immobilization.
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4 | (b) When a vehicle located outside the corporate limits of | ||||||
5 | a city,
village or town is authorized to be towed away by a law | ||||||
6 | enforcement agency
having jurisdiction and disposed of as set | ||||||
7 | forth in this Chapter, the
proceeds of the public sale or | ||||||
8 | disposition, after deducting towing, storage
and processing | ||||||
9 | costs shall be deposited in the county treasury of the
county | ||||||
10 | where the vehicle was located at the time of the tow.
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11 | (c) The provisions of this Section shall not apply to | ||||||
12 | vehicles disposed
of or sold at public sale under subsection | ||||||
13 | (k) of Section 4-107 of this Code.
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14 | (Source: P.A. 83-830.)
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15 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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16 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
17 | of traffic
regulations concerning the standing, parking, or | ||||||
18 | condition of
vehicles, automated traffic law violations, and | ||||||
19 | automated speed enforcement system violations.
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20 | (a) Any municipality or county may provide by ordinance for | ||||||
21 | a system of
administrative adjudication of vehicular standing | ||||||
22 | and parking violations and
vehicle compliance violations as | ||||||
23 | described in this subsection, automated traffic law violations | ||||||
24 | as defined in Section 11-208.6 or 11-1201.1, and automated | ||||||
25 | speed enforcement system violations as defined in Section |
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1 | 11-208.8.
The administrative system shall have as its purpose | ||||||
2 | the fair and
efficient enforcement of municipal or county | ||||||
3 | regulations through the
administrative adjudication of | ||||||
4 | automated speed enforcement system or automated traffic law | ||||||
5 | violations and violations of municipal or county ordinances
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6 | regulating the standing and parking of vehicles, the condition | ||||||
7 | and use of
vehicle equipment, and the display of municipal or | ||||||
8 | county wheel tax licenses within the
municipality's
or county's | ||||||
9 | borders. The administrative system shall only have authority to | ||||||
10 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
11 | or requiring the completion of a traffic education program, or | ||||||
12 | both, that occur after the
effective date of the ordinance | ||||||
13 | adopting such a system under this Section.
For purposes of this | ||||||
14 | Section, "compliance violation" means a violation of a
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15 | municipal or county regulation governing the condition or use | ||||||
16 | of equipment on a vehicle
or governing the display of a | ||||||
17 | municipal or county wheel tax license.
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18 | (b) Any ordinance establishing a system of administrative | ||||||
19 | adjudication
under this Section shall provide for:
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20 | (1) A traffic compliance administrator authorized to
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21 | adopt, distribute and
process parking, compliance, and | ||||||
22 | automated speed enforcement system or automated traffic | ||||||
23 | law violation notices and other notices required
by this
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24 | Section, collect money paid as fines and penalties for | ||||||
25 | violation of parking
and compliance
ordinances and | ||||||
26 | automated speed enforcement system or automated traffic |
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1 | law violations, and operate an administrative adjudication | ||||||
2 | system. The traffic
compliance
administrator also may make | ||||||
3 | a certified report to the Secretary of State
under Section | ||||||
4 | 6-306.5.
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5 | (2) A parking, standing, compliance, automated speed | ||||||
6 | enforcement system, or automated traffic law violation | ||||||
7 | notice
that
shall specify the date,
time, and place of | ||||||
8 | violation of a parking, standing,
compliance, automated | ||||||
9 | speed enforcement system, or automated traffic law
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10 | regulation; the particular regulation
violated; any | ||||||
11 | requirement to complete a traffic education program; the | ||||||
12 | fine and any penalty that may be assessed for late payment | ||||||
13 | or failure to complete a required traffic education | ||||||
14 | program, or both,
when so provided by ordinance; the | ||||||
15 | vehicle make and state registration
number; and the | ||||||
16 | identification number of the
person issuing the notice.
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17 | With regard to automated speed enforcement system or | ||||||
18 | automated traffic law violations, vehicle make shall be | ||||||
19 | specified on the automated speed enforcement system or | ||||||
20 | automated traffic law violation notice if the make is | ||||||
21 | available and readily discernible. With regard to | ||||||
22 | municipalities or counties with a population of 1 million | ||||||
23 | or more, it
shall be grounds for
dismissal of a parking
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24 | violation if the state registration number or vehicle make | ||||||
25 | specified is
incorrect. The violation notice shall state | ||||||
26 | that the completion of any required traffic education |
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1 | program, the payment of any indicated
fine, and the payment | ||||||
2 | of any applicable penalty for late payment or failure to | ||||||
3 | complete a required traffic education program, or both, | ||||||
4 | shall operate as a
final disposition of the violation. The | ||||||
5 | notice also shall contain
information as to the | ||||||
6 | availability of a hearing in which the violation may
be | ||||||
7 | contested on its merits. The violation notice shall specify | ||||||
8 | the
time and manner in which a hearing may be had.
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9 | (3) Service of the parking, standing, or compliance
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10 | violation notice by affixing the
original or a facsimile of | ||||||
11 | the notice to an unlawfully parked vehicle or by
handing | ||||||
12 | the notice to the operator of a vehicle if he or she is
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13 | present and service of an automated speed enforcement | ||||||
14 | system or automated traffic law violation notice by mail to | ||||||
15 | the
address
of the registered owner or lessee of the cited | ||||||
16 | vehicle as recorded with the Secretary of
State or the | ||||||
17 | lessor of the motor vehicle within 30 days after the | ||||||
18 | Secretary of State or the lessor of the motor vehicle | ||||||
19 | notifies the municipality or county of the identity of the | ||||||
20 | owner or lessee of the vehicle, but not later than 90 days | ||||||
21 | after the violation, except that in the case of a lessee of | ||||||
22 | a motor vehicle, service of an automated traffic law | ||||||
23 | violation notice may occur no later than 210 days after the | ||||||
24 | violation. A person authorized by ordinance to issue and | ||||||
25 | serve parking,
standing, and compliance
violation notices | ||||||
26 | shall certify as to the correctness of the facts entered
on |
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1 | the violation notice by signing his or her name to the | ||||||
2 | notice at
the time of service or in the case of a notice | ||||||
3 | produced by a computerized
device, by signing a single | ||||||
4 | certificate to be kept by the traffic
compliance
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5 | administrator attesting to the correctness of all notices | ||||||
6 | produced by the
device while it was under his or her | ||||||
7 | control. In the case of an automated traffic law violation, | ||||||
8 | the ordinance shall
require
a
determination by a technician | ||||||
9 | employed or contracted by the municipality or county that,
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10 | based on inspection of recorded images, the motor vehicle | ||||||
11 | was being operated in
violation of Section 11-208.6 or | ||||||
12 | 11-1201.1 or a local ordinance.
If the technician | ||||||
13 | determines that the
vehicle entered the intersection as | ||||||
14 | part of a funeral procession or in order to
yield the | ||||||
15 | right-of-way to an emergency vehicle, a citation shall not | ||||||
16 | be issued. In municipalities with a population of less than | ||||||
17 | 1,000,000 inhabitants and counties with a population of | ||||||
18 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
19 | ordinance shall require that all determinations by a | ||||||
20 | technician that a motor vehicle was being operated in
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21 | violation of Section 11-208.6 or 11-1201.1 or a local | ||||||
22 | ordinance must be reviewed and approved by a law | ||||||
23 | enforcement officer or retired law enforcement officer of | ||||||
24 | the municipality or county issuing the violation. In | ||||||
25 | municipalities with a population of 1,000,000 or more | ||||||
26 | inhabitants and counties with a population of 3,000,000 or |
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1 | more inhabitants, the automated traffic law ordinance | ||||||
2 | shall require that all determinations by a technician that | ||||||
3 | a motor vehicle was being operated in
violation of Section | ||||||
4 | 11-208.6 or 11-1201.1 or a local ordinance must be reviewed | ||||||
5 | and approved by a law enforcement officer or retired law | ||||||
6 | enforcement officer of the municipality or county issuing | ||||||
7 | the violation or by an additional fully-trained reviewing | ||||||
8 | technician who is not employed by the contractor who | ||||||
9 | employs the technician who made the initial determination. | ||||||
10 | In the case of an automated speed enforcement system | ||||||
11 | violation, the ordinance shall require a determination by a | ||||||
12 | technician employed by the municipality, based upon an | ||||||
13 | inspection of recorded images, video or other | ||||||
14 | documentation, including documentation of the speed limit | ||||||
15 | and automated speed enforcement signage, and documentation | ||||||
16 | of the inspection, calibration, and certification of the | ||||||
17 | speed equipment, that the vehicle was being operated in | ||||||
18 | violation of Article VI of Chapter 11 of this Code or a | ||||||
19 | similar local ordinance. If the technician determines that | ||||||
20 | the vehicle speed was not determined by a calibrated, | ||||||
21 | certified speed equipment device based upon the speed | ||||||
22 | equipment documentation, or if the vehicle was an emergency | ||||||
23 | vehicle, a citation may not be issued. The automated speed | ||||||
24 | enforcement ordinance shall require that all | ||||||
25 | determinations by a technician that a violation occurred be | ||||||
26 | reviewed and approved by a law enforcement officer or |
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1 | retired law enforcement officer of the municipality | ||||||
2 | issuing the violation or by an additional fully trained | ||||||
3 | reviewing technician who is not employed by the contractor | ||||||
4 | who employs the technician who made the initial | ||||||
5 | determination. Routine and independent calibration of the | ||||||
6 | speeds produced by automated speed enforcement systems and | ||||||
7 | equipment shall be conducted by a qualified technician. | ||||||
8 | Speeds produced by an automated speed enforcement system | ||||||
9 | shall be compared with speeds produced by lidar or other | ||||||
10 | independent equipment. Qualified technicians shall test | ||||||
11 | radar or lidar equipment no less frequently than once each | ||||||
12 | week, and shall test loop based equipment no less | ||||||
13 | frequently than once a year. Radar equipment shall be | ||||||
14 | checked for accuracy by a qualified technician when the | ||||||
15 | unit is serviced, when unusual or suspect readings persist, | ||||||
16 | or when deemed necessary by a reviewing technician. Radar | ||||||
17 | equipment shall be checked with certified tuning forks, the | ||||||
18 | internal circuit test, and diode display test whenever the | ||||||
19 | radar is turned on. Technicians must be alert for any | ||||||
20 | unusual or suspect readings, and if unusual or suspect | ||||||
21 | readings of a radar unit persist, that unit shall | ||||||
22 | immediately be removed from service and not returned to | ||||||
23 | service until it has been checked by a qualified technician | ||||||
24 | and determined to be functioning properly. Documentation | ||||||
25 | of the calibration results, including the equipment | ||||||
26 | tested, test date, technician performing the test, and test |
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1 | results, shall be maintained and available for use in the | ||||||
2 | determination of an automated speed enforcement system | ||||||
3 | violation and issuance of a citation. The technician | ||||||
4 | performing the calibration and testing of the automated | ||||||
5 | speed enforcement equipment shall be trained and certified | ||||||
6 | in the use of equipment for speed enforcement purposes. | ||||||
7 | Training on the speed enforcement equipment may be | ||||||
8 | conducted by law enforcement, civilian, or manufacturer's | ||||||
9 | personnel and shall be equivalent to the equipment use and | ||||||
10 | operations training included in the Speed Measuring Device | ||||||
11 | Operator Program developed by the National Highway Traffic | ||||||
12 | Safety Administration (NHTSA). The technician who performs | ||||||
13 | the work shall keep accurate records on each piece of | ||||||
14 | equipment the technician calibrates and tests. As used in | ||||||
15 | this paragraph, "fully-trained reviewing technician" means | ||||||
16 | a person who has received at least 40 hours of supervised | ||||||
17 | training in subjects which shall include image inspection | ||||||
18 | and interpretation, the elements necessary to prove a | ||||||
19 | violation, license plate identification, and traffic | ||||||
20 | safety and management. In all municipalities and counties, | ||||||
21 | the automated speed enforcement system or automated | ||||||
22 | traffic law ordinance shall require that no additional fee | ||||||
23 | shall be charged to the alleged violator for exercising his | ||||||
24 | or her right to an administrative hearing, and persons | ||||||
25 | shall be given at least 25 days following an administrative | ||||||
26 | hearing to pay any civil penalty imposed by a finding that |
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1 | Section 11-208.6, 11-208.8, or 11-1201.1 or a similar local | ||||||
2 | ordinance has been violated. The original or a
facsimile of | ||||||
3 | the violation notice or, in the case of a notice produced | ||||||
4 | by a
computerized device, a printed record generated by the | ||||||
5 | device showing the facts
entered on the notice, shall be | ||||||
6 | retained by the
traffic compliance
administrator, and | ||||||
7 | shall be a record kept in the ordinary course of
business. | ||||||
8 | A parking, standing, compliance, automated speed | ||||||
9 | enforcement system, or automated traffic law violation | ||||||
10 | notice issued,
signed and served in
accordance with this | ||||||
11 | Section, a copy of the notice, or the computer
generated | ||||||
12 | record shall be prima facie
correct and shall be prima | ||||||
13 | facie evidence of the correctness of the facts
shown on the | ||||||
14 | notice. The notice, copy, or computer generated
record | ||||||
15 | shall be admissible in any
subsequent administrative or | ||||||
16 | legal proceedings.
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17 | (4) An opportunity for a hearing for the registered | ||||||
18 | owner of the
vehicle cited in the parking, standing, | ||||||
19 | compliance, automated speed enforcement system, or | ||||||
20 | automated traffic law violation notice in
which the owner | ||||||
21 | may
contest the merits of the alleged violation, and during | ||||||
22 | which formal or
technical rules of evidence shall not | ||||||
23 | apply; provided, however, that under
Section 11-1306 of | ||||||
24 | this Code the lessee of a vehicle cited in the
violation | ||||||
25 | notice likewise shall be provided an opportunity for a | ||||||
26 | hearing of
the same kind afforded the registered owner. The |
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1 | hearings shall be
recorded, and the person conducting the | ||||||
2 | hearing on behalf of the traffic
compliance
administrator | ||||||
3 | shall be empowered to administer oaths and to secure by
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4 | subpoena both the attendance and testimony of witnesses and | ||||||
5 | the production
of relevant books and papers. Persons | ||||||
6 | appearing at a hearing under this
Section may be | ||||||
7 | represented by counsel at their expense. The ordinance may
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8 | also provide for internal administrative review following | ||||||
9 | the decision of
the hearing officer.
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10 | (5) Service of additional notices, sent by first class | ||||||
11 | United States
mail, postage prepaid, to the address of the | ||||||
12 | registered owner of the cited
vehicle as recorded with the | ||||||
13 | Secretary of State or, if any notice to that address is | ||||||
14 | returned as undeliverable, to the last known address | ||||||
15 | recorded in a United States Post Office approved database,
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16 | or, under Section 11-1306
or subsection (p) of Section | ||||||
17 | 11-208.6, or subsection (p) of Section 11-208.8 of this | ||||||
18 | Code, to the lessee of the cited vehicle at the last | ||||||
19 | address known
to the lessor of the cited vehicle at the | ||||||
20 | time of lease or, if any notice to that address is returned | ||||||
21 | as undeliverable, to the last known address recorded in a | ||||||
22 | United States Post Office approved database.
The service | ||||||
23 | shall
be deemed complete as of the date of deposit in the | ||||||
24 | United States mail.
The notices shall be in the following | ||||||
25 | sequence and shall include but not be
limited to the | ||||||
26 | information specified herein:
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1 | (i) A second notice of parking, standing, or | ||||||
2 | compliance violation. This notice shall specify the
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3 | date and location of the violation cited in the | ||||||
4 | parking,
standing,
or compliance violation
notice, the | ||||||
5 | particular regulation violated, the vehicle
make and | ||||||
6 | state registration number, any requirement to complete | ||||||
7 | a traffic education program, the fine and any penalty | ||||||
8 | that may be
assessed for late payment or failure to | ||||||
9 | complete a traffic education program, or both, when so | ||||||
10 | provided by ordinance, the availability
of a hearing in | ||||||
11 | which the violation may be contested on its merits, and | ||||||
12 | the
time and manner in which the hearing may be had. | ||||||
13 | The notice of violation
shall also state that failure | ||||||
14 | to complete a required traffic education program, to | ||||||
15 | pay the indicated fine and any
applicable penalty, or | ||||||
16 | to appear at a hearing on the merits in the time and
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17 | manner specified, will result in a final determination | ||||||
18 | of violation
liability for the cited violation in the | ||||||
19 | amount of the fine or penalty
indicated, and that, upon | ||||||
20 | the occurrence of a final determination of violation | ||||||
21 | liability for the failure, and the exhaustion of, or
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22 | failure to exhaust, available administrative or | ||||||
23 | judicial procedures for
review, any incomplete traffic | ||||||
24 | education program or any unpaid fine or penalty, or | ||||||
25 | both, will constitute a debt due and owing
the | ||||||
26 | municipality or county.
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1 | (ii) A notice of final determination of parking, | ||||||
2 | standing,
compliance, automated speed enforcement | ||||||
3 | system, or automated traffic law violation liability.
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4 | This notice shall be sent following a final | ||||||
5 | determination of parking,
standing, compliance, | ||||||
6 | automated speed enforcement system, or automated | ||||||
7 | traffic law
violation liability and the conclusion of | ||||||
8 | judicial review procedures taken
under this Section. | ||||||
9 | The notice shall state that the incomplete traffic | ||||||
10 | education program or the unpaid fine or
penalty, or | ||||||
11 | both, is a debt due and owing the municipality or | ||||||
12 | county. The notice shall contain
warnings that failure | ||||||
13 | to complete any required traffic education program or | ||||||
14 | to pay any fine or penalty due and owing the
| ||||||
15 | municipality or county, or both, within the time | ||||||
16 | specified may result in the municipality's
or county's | ||||||
17 | filing of a petition in the Circuit Court to have the | ||||||
18 | incomplete traffic education program or unpaid
fine or | ||||||
19 | penalty, or both, rendered a judgment as provided by | ||||||
20 | this Section, or may
result in suspension of the | ||||||
21 | person's drivers license for failure to complete a | ||||||
22 | traffic education program or to pay
fines or penalties, | ||||||
23 | or both, for 10 or more parking violations under | ||||||
24 | Section 6-306.5, or a combination of 5 or more | ||||||
25 | automated traffic law violations under Section | ||||||
26 | 11-208.6 or automated speed enforcement system |
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1 | violations under Section 11-208.8.
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2 | (6) A notice of impending drivers license suspension. | ||||||
3 | This
notice shall be sent to the person liable for failure | ||||||
4 | to complete a required traffic education program or to pay | ||||||
5 | any fine or penalty that
remains due and owing, or both, on | ||||||
6 | 10 or more parking
violations or combination of 5 or more | ||||||
7 | unpaid automated speed enforcement system or automated | ||||||
8 | traffic law violations. The notice
shall state that failure | ||||||
9 | to complete a required traffic education program or to pay | ||||||
10 | the fine or penalty owing, or both, within 45 days of
the | ||||||
11 | notice's date will result in the municipality or county | ||||||
12 | notifying the Secretary
of State that the person is | ||||||
13 | eligible for initiation of suspension
proceedings under | ||||||
14 | Section 6-306.5 of this Code. The notice shall also state
| ||||||
15 | that the person may obtain a photostatic copy of an | ||||||
16 | original ticket imposing a
fine or penalty by sending a | ||||||
17 | self addressed, stamped envelope to the
municipality or | ||||||
18 | county along with a request for the photostatic copy.
The | ||||||
19 | notice of impending
drivers license suspension shall be | ||||||
20 | sent by first class United States mail,
postage prepaid, to | ||||||
21 | the address recorded with the Secretary of State or, if any | ||||||
22 | notice to that address is returned as undeliverable, to the | ||||||
23 | last known address recorded in a United States Post Office | ||||||
24 | approved database.
| ||||||
25 | (7) Final determinations of violation liability. A | ||||||
26 | final
determination of violation liability shall occur |
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1 | following failure to complete the required traffic | ||||||
2 | education program or
to pay the fine or penalty, or both, | ||||||
3 | after a hearing officer's determination of violation | ||||||
4 | liability and the exhaustion of or failure to exhaust any
| ||||||
5 | administrative review procedures provided by ordinance. | ||||||
6 | Where a person
fails to appear at a hearing to contest the | ||||||
7 | alleged violation in the time
and manner specified in a | ||||||
8 | prior mailed notice, the hearing officer's
determination | ||||||
9 | of violation liability shall become final: (A) upon
denial | ||||||
10 | of a timely petition to set aside that determination, or | ||||||
11 | (B) upon
expiration of the period for filing the petition | ||||||
12 | without a
filing having been made.
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13 | (8) A petition to set aside a determination of parking, | ||||||
14 | standing,
compliance, automated speed enforcement system, | ||||||
15 | or automated traffic law violation
liability that may be | ||||||
16 | filed by a person owing an unpaid fine or penalty. A | ||||||
17 | petition to set aside a determination of liability may also | ||||||
18 | be filed by a person required to complete a traffic | ||||||
19 | education program.
The petition shall be filed with and | ||||||
20 | ruled upon by the traffic compliance
administrator in the | ||||||
21 | manner and within the time specified by ordinance.
The | ||||||
22 | grounds for the petition may be limited to: (A) the person | ||||||
23 | not having
been the owner or lessee of the cited vehicle on | ||||||
24 | the date the
violation notice was issued, (B) the person | ||||||
25 | having already completed the required traffic education | ||||||
26 | program or paid the fine or
penalty, or both, for the |
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1 | violation in question, and (C) excusable failure to
appear | ||||||
2 | at or
request a new date for a hearing.
With regard to | ||||||
3 | municipalities or counties with a population of 1 million | ||||||
4 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
5 | violation if the state registration number, or vehicle make | ||||||
6 | if specified, is
incorrect. After the determination of
| ||||||
7 | parking, standing, compliance, automated speed enforcement | ||||||
8 | system, or automated traffic law violation liability has | ||||||
9 | been set aside
upon a showing of just
cause, the registered | ||||||
10 | owner shall be provided with a hearing on the merits
for | ||||||
11 | that violation.
| ||||||
12 | (9) Procedures for non-residents. Procedures by which | ||||||
13 | persons who are
not residents of the municipality or county | ||||||
14 | may contest the merits of the alleged
violation without | ||||||
15 | attending a hearing.
| ||||||
16 | (10) A schedule of civil fines for violations of | ||||||
17 | vehicular standing,
parking, compliance, automated speed | ||||||
18 | enforcement system, or automated traffic law regulations | ||||||
19 | enacted by ordinance pursuant to this
Section, and a
| ||||||
20 | schedule of penalties for late payment of the fines or | ||||||
21 | failure to complete required traffic education programs, | ||||||
22 | provided, however,
that the total amount of the fine and | ||||||
23 | penalty for any one violation shall
not exceed $250, except | ||||||
24 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
25 | Code.
| ||||||
26 | (11) Other provisions as are necessary and proper to |
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1 | carry into
effect the powers granted and purposes stated in | ||||||
2 | this Section.
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3 | (c) Any municipality or county establishing vehicular | ||||||
4 | standing, parking,
compliance, automated speed enforcement | ||||||
5 | system, or automated traffic law
regulations under this Section | ||||||
6 | may also provide by ordinance for a
program of vehicle | ||||||
7 | immobilization for the purpose of facilitating
enforcement of | ||||||
8 | those regulations. The program of vehicle
immobilization shall | ||||||
9 | provide for immobilizing any eligible vehicle upon the
public | ||||||
10 | way by presence of a restraint in a manner to prevent operation | ||||||
11 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
12 | immobilization under this Section shall provide:
| ||||||
13 | (1) Criteria for the designation of vehicles eligible | ||||||
14 | for
immobilization. A vehicle shall be eligible for | ||||||
15 | immobilization when the
registered owner of the vehicle has | ||||||
16 | accumulated the number of incomplete traffic education | ||||||
17 | programs or unpaid final
determinations of parking, | ||||||
18 | standing, compliance, automated speed enforcement system, | ||||||
19 | or automated traffic law violation liability, or both, as
| ||||||
20 | determined by ordinance.
| ||||||
21 | (2) A notice of impending vehicle immobilization and a | ||||||
22 | right to a
hearing to challenge the validity of the notice | ||||||
23 | by disproving liability
for the incomplete traffic | ||||||
24 | education programs or unpaid final determinations of | ||||||
25 | parking, standing, compliance, automated speed enforcement | ||||||
26 | system, or automated traffic law
violation liability, or |
| |||||||
| |||||||
1 | both, listed
on the notice.
| ||||||
2 | (3) The right to a prompt hearing after a vehicle has | ||||||
3 | been immobilized
or subsequently towed without the | ||||||
4 | completion of the required traffic education program or | ||||||
5 | payment of the outstanding fines and
penalties on parking, | ||||||
6 | standing, compliance, automated speed enforcement system, | ||||||
7 | or automated traffic law violations, or both, for which | ||||||
8 | final
determinations have been
issued. An order issued | ||||||
9 | after the hearing is a final administrative
decision within | ||||||
10 | the meaning of Section 3-101 of the Code of Civil | ||||||
11 | Procedure.
| ||||||
12 | (4) A post immobilization and post-towing notice | ||||||
13 | advising the registered
owner of the vehicle of the right | ||||||
14 | to a hearing to challenge the validity
of the impoundment.
| ||||||
15 | (d) Judicial review of final determinations of parking, | ||||||
16 | standing,
compliance, automated speed enforcement system, or | ||||||
17 | automated traffic law
violations and final administrative | ||||||
18 | decisions issued after hearings
regarding vehicle | ||||||
19 | immobilization and impoundment made
under this Section shall be | ||||||
20 | subject to the provisions of
the Administrative Review Law.
| ||||||
21 | (e) Any fine, penalty, incomplete traffic education | ||||||
22 | program, or part of any fine or any penalty remaining
unpaid | ||||||
23 | after the exhaustion of, or the failure to exhaust, | ||||||
24 | administrative
remedies created under this Section and the | ||||||
25 | conclusion of any judicial
review procedures shall be a debt | ||||||
26 | due and owing the municipality or county and, as
such, may be |
| |||||||
| |||||||
1 | collected in accordance with applicable law. Completion of any | ||||||
2 | required traffic education program and payment in full
of any | ||||||
3 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
4 | automated speed enforcement system, or automated traffic law | ||||||
5 | violation shall
constitute a final disposition of that | ||||||
6 | violation. If the vehicle that was the subject of the | ||||||
7 | underlying offense is sold, claimed, or otherwise disposed of | ||||||
8 | by the county or municipality or their agents, any fine, | ||||||
9 | penalty, incomplete traffic education program, or part of any | ||||||
10 | fine or any penalty remaining unpaid by the person who was the | ||||||
11 | registered owner at the time of the immobilization, towing, or | ||||||
12 | impoundment of that vehicle, including but not limited to any | ||||||
13 | fines related to the underlying offense, court costs, towing | ||||||
14 | and storage costs, and administrative fees, shall be considered | ||||||
15 | discharged.
| ||||||
16 | (f) After the expiration of the period within which | ||||||
17 | judicial review may
be sought for a final determination of | ||||||
18 | parking, standing, compliance, automated speed enforcement | ||||||
19 | system, or automated traffic law
violation, the municipality
or | ||||||
20 | county may commence a proceeding in the Circuit Court for | ||||||
21 | purposes of obtaining a
judgment on the final determination of | ||||||
22 | violation. Nothing in this
Section shall prevent a municipality | ||||||
23 | or county from consolidating multiple final
determinations of | ||||||
24 | parking, standing, compliance, automated speed enforcement | ||||||
25 | system, or automated traffic law violations against a
person in | ||||||
26 | a proceeding.
Upon commencement of the action, the municipality |
| |||||||
| |||||||
1 | or county shall file a certified
copy or record of the final | ||||||
2 | determination of parking, standing, compliance, automated | ||||||
3 | speed enforcement system, or automated traffic law
violation, | ||||||
4 | which shall be
accompanied by a certification that recites | ||||||
5 | facts sufficient to show that
the final determination of | ||||||
6 | violation was
issued in accordance with this Section and the | ||||||
7 | applicable municipal
or county ordinance. Service of the | ||||||
8 | summons and a copy of the petition may be by
any method | ||||||
9 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
10 | certified mail, return receipt requested, provided that the | ||||||
11 | total amount of
fines and penalties for final determinations of | ||||||
12 | parking, standing,
compliance, automated speed enforcement | ||||||
13 | system, or automated traffic law violations does not
exceed | ||||||
14 | $2500. If the court is satisfied that the final determination | ||||||
15 | of
parking, standing, compliance, automated speed enforcement | ||||||
16 | system, or automated traffic law violation was entered in | ||||||
17 | accordance with
the requirements of
this Section and the | ||||||
18 | applicable municipal or county ordinance, and that the | ||||||
19 | registered
owner or the lessee, as the case may be, had an | ||||||
20 | opportunity for an
administrative hearing and for judicial | ||||||
21 | review as provided in this Section,
the court shall render | ||||||
22 | judgment in favor of the municipality or county and against
the | ||||||
23 | registered owner or the lessee for the amount indicated in the | ||||||
24 | final
determination of parking, standing, compliance, | ||||||
25 | automated speed enforcement system, or automated traffic law | ||||||
26 | violation, plus costs.
The judgment shall have
the same effect |
| |||||||
| |||||||
1 | and may be enforced in the same manner as other judgments
for | ||||||
2 | the recovery of money.
| ||||||
3 | (g) The fee for participating in a traffic education | ||||||
4 | program under this Section shall not exceed $25. | ||||||
5 | A low-income individual required to complete a traffic | ||||||
6 | education program under this Section who provides proof of | ||||||
7 | eligibility for the federal earned income tax credit under | ||||||
8 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
9 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
10 | Act shall not be required to pay any fee for participating in a | ||||||
11 | required traffic education program. | ||||||
12 | (Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; | ||||||
13 | 96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. | ||||||
14 | 7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff. | ||||||
15 | 7-1-12 .)
| ||||||
16 | (625 ILCS 5/11-208.7) | ||||||
17 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
18 | impounding vehicles for specified violations. | ||||||
19 | (a) Any municipality may, consistent with this Section, | ||||||
20 | provide by ordinance procedures for the release of properly | ||||||
21 | impounded vehicles and for the imposition of a reasonable | ||||||
22 | administrative fee related to its administrative and | ||||||
23 | processing costs associated with the investigation, arrest, | ||||||
24 | and detention of an offender, or the removal, impoundment, | ||||||
25 | storage, and release of the vehicle. The administrative fee |
| |||||||
| |||||||
1 | imposed by the municipality may be in addition to any fees
| ||||||
2 | charged for the towing and storage of an impounded vehicle. The | ||||||
3 | administrative fee shall be waived by the municipality upon | ||||||
4 | verifiable proof that the vehicle was stolen at the time the | ||||||
5 | vehicle was impounded. | ||||||
6 | (b) Any ordinance establishing procedures for the release | ||||||
7 | of properly impounded vehicles under this Section may impose | ||||||
8 | fees for the following violations: | ||||||
9 | (1) operation or use of a motor vehicle in the | ||||||
10 | commission of, or in the attempt to commit, an offense for | ||||||
11 | which a motor vehicle may be seized and forfeited pursuant | ||||||
12 | to Section 36-1 of the Criminal Code of 2012; or | ||||||
13 | (2) driving under the influence of alcohol, another | ||||||
14 | drug or drugs, an intoxicating compound or compounds, or | ||||||
15 | any combination thereof, in violation of Section 11-501 of | ||||||
16 | this Code; or | ||||||
17 | (3) operation or use of a motor vehicle in the | ||||||
18 | commission of, or in the attempt to commit, a felony or in | ||||||
19 | violation of the Cannabis Control Act; or | ||||||
20 | (4) operation or use of a motor vehicle in the | ||||||
21 | commission of, or in the attempt to commit, an offense in | ||||||
22 | violation of the Illinois Controlled Substances Act; or | ||||||
23 | (5) operation or use of a motor vehicle in the | ||||||
24 | commission of, or in the attempt to commit, an offense in | ||||||
25 | violation of Section 24-1, 24-1.5, or 24-3.1 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012; or |
| |||||||
| |||||||
1 | (6) driving while a driver's license, permit, or | ||||||
2 | privilege to operate a motor vehicle is suspended or | ||||||
3 | revoked pursuant to Section 6-303 of this Code; except that | ||||||
4 | vehicles shall not be subjected to seizure or impoundment | ||||||
5 | if the suspension is for an unpaid citation (parking or | ||||||
6 | moving) or due to failure to comply with emission testing; | ||||||
7 | or | ||||||
8 | (7) operation or use of a motor vehicle while | ||||||
9 | soliciting, possessing, or attempting to solicit or | ||||||
10 | possess cannabis or a controlled substance, as defined by | ||||||
11 | the Cannabis Control Act or the Illinois Controlled | ||||||
12 | Substances Act; or | ||||||
13 | (8) operation or use of a motor vehicle with an expired | ||||||
14 | driver's license, in violation of Section 6-101 of this | ||||||
15 | Code, if the period of expiration is greater than one year; | ||||||
16 | or | ||||||
17 | (9) operation or use of a motor vehicle without ever | ||||||
18 | having been issued a driver's license or permit, in | ||||||
19 | violation of Section 6-101 of this Code, or operating a | ||||||
20 | motor vehicle without ever having been issued a driver's | ||||||
21 | license or permit due to a person's age; or | ||||||
22 | (10) operation or use of a motor vehicle by a person | ||||||
23 | against whom a warrant has been issued by a circuit clerk | ||||||
24 | in Illinois for failing to answer charges that the driver | ||||||
25 | violated Section 6-101, 6-303, or 11-501 of this Code; or | ||||||
26 | (11) operation or use of a motor vehicle in the |
| |||||||
| |||||||
1 | commission of, or in the attempt to commit, an offense in | ||||||
2 | violation of Article 16 or 16A of the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012; or | ||||||
4 | (12) operation or use of a motor vehicle in the | ||||||
5 | commission of, or in the attempt to commit, any other
| ||||||
6 | misdemeanor or felony offense in violation of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012, when so provided | ||||||
8 | by
local ordinance. | ||||||
9 | (c) The following shall apply to any fees imposed for | ||||||
10 | administrative and processing costs pursuant to subsection | ||||||
11 | (b): | ||||||
12 | (1) All administrative fees and towing and storage | ||||||
13 | charges shall be imposed on the registered owner of the | ||||||
14 | motor vehicle or the agents of that owner. | ||||||
15 | (2) The fees shall be in addition to (i) any other | ||||||
16 | penalties that may be assessed by a court of law for the | ||||||
17 | underlying violations; and (ii) any towing or storage fees, | ||||||
18 | or both, charged by the towing company. | ||||||
19 | (3) The fees shall be uniform for all similarly | ||||||
20 | situated vehicles. | ||||||
21 | (4) The fees shall be collected by and paid to the | ||||||
22 | municipality imposing the fees. | ||||||
23 | (5) The towing or storage fees, or both, shall be | ||||||
24 | collected by and paid to the person, firm, or entity that | ||||||
25 | tows and stores the impounded vehicle. | ||||||
26 | (d) Any ordinance establishing procedures for the release |
| |||||||
| |||||||
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 the owner of record, lessee, or a lienholder of | ||||||
5 | record upon payment of all administrative fees and towing and | ||||||
6 | storage fees. | ||||||
7 | (e) Any ordinance establishing procedures for the | ||||||
8 | impoundment
and release of vehicles under this Section shall | ||||||
9 | include the following provisions concerning notice of | ||||||
10 | impoundment: | ||||||
11 | (1) Whenever
a police officer has cause to believe that | ||||||
12 | a motor vehicle is subject to impoundment, the officer
| ||||||
13 | shall provide for the towing of the vehicle to a facility | ||||||
14 | authorized by the municipality. | ||||||
15 | (2) At the
time the vehicle is towed, the municipality | ||||||
16 | shall notify or make a reasonable attempt to notify the
| ||||||
17 | owner, lessee, or person identifying himself or herself as | ||||||
18 | the owner or lessee of the vehicle, or any person
who is | ||||||
19 | found to be in control of the vehicle at the time of the | ||||||
20 | alleged offense, of the fact of the
seizure, and of the | ||||||
21 | vehicle owner's or lessee's right to an administrative | ||||||
22 | hearing. | ||||||
23 | (3) The municipality shall
also provide notice that the | ||||||
24 | motor vehicle will remain impounded pending the completion | ||||||
25 | of an
administrative hearing, unless the owner or lessee of | ||||||
26 | the vehicle or a lienholder posts with the
municipality a |
| |||||||
| |||||||
1 | bond equal to the administrative fee as provided by | ||||||
2 | ordinance and pays for all
towing and storage charges. | ||||||
3 | (f) Any ordinance establishing procedures for the | ||||||
4 | impoundment and
release of vehicles under this Section shall | ||||||
5 | include a provision providing that the
registered owner or | ||||||
6 | lessee of the vehicle and any lienholder of record shall be | ||||||
7 | provided with a
notice of hearing. The notice shall: | ||||||
8 | (1) be served upon the owner, lessee, and any | ||||||
9 | lienholder of record either by personal service or by first | ||||||
10 | class mail to the interested party's address as registered | ||||||
11 | with the Secretary of State; | ||||||
12 | (2) be served upon interested parties within 10 days | ||||||
13 | after a vehicle is impounded by the municipality; and | ||||||
14 | (3) contain the date, time, and location of the | ||||||
15 | administrative hearing. An
initial hearing shall be | ||||||
16 | scheduled and convened no later than 45 days after the date | ||||||
17 | of
the mailing of the notice of hearing. | ||||||
18 | (g) In addition to the requirements contained in
| ||||||
19 | subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||||||
20 | administrative hearings, any ordinance providing for the | ||||||
21 | impoundment
and release of vehicles under this Section shall | ||||||
22 | include the following requirements concerning administrative | ||||||
23 | hearings: | ||||||
24 | (1) administrative hearings shall be conducted by a | ||||||
25 | hearing officer who is an attorney licensed to practice law | ||||||
26 | in this State for a minimum of 3 years; |
| |||||||
| |||||||
1 | (2) at the conclusion of the administrative hearing, | ||||||
2 | the hearing officer shall issue
a written decision either | ||||||
3 | sustaining or overruling the vehicle impoundment; | ||||||
4 | (3) if the basis for the vehicle
impoundment is | ||||||
5 | sustained by the administrative hearing officer, any | ||||||
6 | administrative fee posted to
secure the release of the | ||||||
7 | vehicle shall be forfeited to the municipality; | ||||||
8 | (4) all final decisions of the administrative hearing | ||||||
9 | officer shall be subject to
review under the provisions of | ||||||
10 | the Administrative Review Law; and | ||||||
11 | (5) unless the administrative hearing
officer | ||||||
12 | overturns the basis for the vehicle impoundment, no vehicle | ||||||
13 | shall be released to the owner, lessee, or lienholder of | ||||||
14 | record until
all administrative fees and towing and storage | ||||||
15 | charges are paid. | ||||||
16 | (h) Vehicles not retrieved from the towing facility or | ||||||
17 | storage facility
within 35 days after the administrative | ||||||
18 | hearing officer issues a written decision may shall be deemed | ||||||
19 | abandoned and disposed of in accordance with the provisions of | ||||||
20 | Article II of Chapter
4 of this Code. If the county or | ||||||
21 | municipality takes title to the vehicle or if the vehicle is | ||||||
22 | disposed of the person who was the registered owner at the time | ||||||
23 | of the vehicle's impoundment shall be discharged of any fines, | ||||||
24 | fees, administrative penalties, and other costs associated | ||||||
25 | with the vehicle's immobilization, towing, or impoundment, | ||||||
26 | including but not limited to any fine for the underlying |
| |||||||
| |||||||
1 | offense which led to the vehicle's impoundment. | ||||||
2 | (i) Unless stayed by a court of competent jurisdiction, any | ||||||
3 | fine, penalty, or administrative fee imposed under this
Section | ||||||
4 | which remains unpaid in whole or in part after the expiration | ||||||
5 | of the deadline for seeking judicial
review under the | ||||||
6 | Administrative Review Law may be enforced in the same manner as | ||||||
7 | a judgment entered by a court of
competent jurisdiction.
| ||||||
8 | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| ||||||
9 | (625 ILCS 5/4-209.2 rep.) | ||||||
10 | Section 10. The Illinois Vehicle Code is amended by | ||||||
11 | repealing Section 4-209.2.".
|