Full Text of HB1220 97th General Assembly
HB1220ham002 97TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/7/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1220
| 2 | | AMENDMENT NO. ______. Amend House Bill 1220 on page 1, line | 3 | | 13, by changing " the removal " to " the investigation, arrest, | 4 | | and detention of an offender, or the removal "; and
| 5 | | on page 1, line 14, after " vehicle. ", by inserting " The | 6 | | administrative fee imposed by the municipality may be in | 7 | | addition to any fees
charged for the towing and storage of an | 8 | | impounded vehicle. "; and | 9 | | on page 3, line 13, by changing " Code. " to " Code; or "; and | 10 | | on page 3, by inserting after line 13 the following: | 11 | | " (11) operation or use of a motor vehicle in the | 12 | | commission of, or in the attempt to commit, an offense in | 13 | | violation of Article 16 or 16A of the Criminal Code of | 14 | | 1961; or | 15 | | (12) operation or use of a motor vehicle in the |
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| 1 | | commission of, or in the attempt to commit, any other
| 2 | | misdemeanor or felony offense in violation of the Criminal | 3 | | Code of 1961, when so provided by
local ordinance. "; and | 4 | | on page 3, line 17, by changing " The fees shall " to " All | 5 | | administrative fees and towing and storage charges shall "; and | 6 | | on page 3, line 17, after " owner ", by inserting " of the motor | 7 | | vehicle "; and | 8 | | on page 3, line 19, after " to ", by inserting " (i) "; and | 9 | | on page 3, line 21, after " violations ", by inserting " ; and | 10 | | (ii) any towing or storage fees, or both, charged by the towing | 11 | | company "; and | 12 | | on page 3, by inserting after line 25 the following: | 13 | | " (5) The towing or storage fees, or both, shall be | 14 | | collected by and paid to the person, firm, or entity that | 15 | | tows and stores the impounded vehicle. "; and | 16 | | on page 4, line 4, after " to ", by inserting " the owner of | 17 | | record, lessee, or "; and | 18 | | on page 4, line 5, after " fees ", by inserting " and towing and | 19 | | storage fees "; and |
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| 1 | | on page 4, by inserting after line 5 the following: | 2 | | " (e) Any ordinance establishing procedures for the | 3 | | impoundment
and release of vehicles under this Section shall | 4 | | include the following provisions concerning notice of | 5 | | impoundment: | 6 | | (1) Whenever
a police officer has cause to believe that | 7 | | a motor vehicle is subject to impoundment, the officer
| 8 | | shall provide for the towing of the vehicle to a facility | 9 | | authorized by the municipality. | 10 | | (2) At the
time the vehicle is towed, the municipality | 11 | | shall notify or make a reasonable attempt to notify the
| 12 | | owner, lessee, or person identifying himself or herself as | 13 | | the owner or lessee of the vehicle, or any person
who is | 14 | | found to be in control of the vehicle at the time of the | 15 | | alleged offense, of the fact of the
seizure, and of the | 16 | | vehicle owner's or lessee's right to an administrative | 17 | | hearing. | 18 | | (3) The municipality shall
also provide notice that the | 19 | | motor vehicle will remain impounded pending the completion | 20 | | of an
administrative hearing, unless the owner or lessee of | 21 | | the vehicle or a lienholder posts with the
municipality a | 22 | | bond equal to the administrative fee as provided by | 23 | | ordinance and pays for all
towing and storage charges. | 24 | | (f) Any ordinance establishing procedures for the | 25 | | impoundment and
release of vehicles under this Section shall |
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| 1 | | include a provision providing that the
registered owner or | 2 | | lessee of the vehicle and any lienholder of record shall be | 3 | | provided with a
notice of hearing. The notice shall: | 4 | | (1) be served upon the owner, lessee, and any | 5 | | lienholder of record either by personal service or by first | 6 | | class mail to the interested party's address as registered | 7 | | with the Secretary of State; | 8 | | (2) be served upon interested parties within 10 days | 9 | | after a vehicle is impounded by the municipality; and | 10 | | (3) contain the date, time, and location of the | 11 | | administrative hearing. An
initial hearing shall be | 12 | | scheduled and convened no later than 45 days after the date | 13 | | of
the mailing of the notice of hearing. | 14 | | (g) In addition to the requirements contained in
| 15 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 16 | | administrative hearings, any ordinance providing for the | 17 | | impoundment
and release of vehicles under this Section shall | 18 | | include the following requirements concerning administrative | 19 | | hearings: | 20 | | (1) administrative hearings shall be conducted by a | 21 | | hearing officer who is an attorney licensed to practice law | 22 | | in this State for a minimum of 3 years; | 23 | | (2) at the conclusion of the administrative hearing, | 24 | | the hearing officer shall issue
a written decision either | 25 | | sustaining or overruling the vehicle impoundment; | 26 | | (3) if the basis for the vehicle
impoundment is |
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| 1 | | sustained by the administrative hearing officer, any | 2 | | administrative fee posted to
secure the release of the | 3 | | vehicle shall be forfeited to the municipality; | 4 | | (4) all final decisions of the administrative hearing | 5 | | officer shall be subject to
review under the provisions of | 6 | | the Administrative Review Law; and | 7 | | (5) unless the administrative hearing
officer | 8 | | overturns the basis for the vehicle impoundment, no vehicle | 9 | | shall be released to the owner, lessee, or lienholder of | 10 | | record until
all administrative fees and towing and storage | 11 | | charges are paid. | 12 | | (h) Vehicles not retrieved from the towing facility or | 13 | | storage facility
within 35 days after the administrative | 14 | | hearing officer issues a written decision shall be deemed | 15 | | abandoned and disposed of in accordance with the provisions of | 16 | | Article II of Chapter
4 this Code. | 17 | | (i) Unless stayed by a court of competent jurisdiction, any | 18 | | fine, penalty, or administrative fee imposed under this
Section | 19 | | which remains unpaid in whole or in part after the expiration | 20 | | of the deadline for seeking judicial
review under the | 21 | | Administrative Review Law may be enforced in the same manner as | 22 | | a judgment entered by a court of
competent jurisdiction. ".
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