Full Text of SB2154 98th General Assembly
SB2154ham001 98TH GENERAL ASSEMBLY | Rep. Frances Ann Hurley Filed: 5/8/2013
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| 1 | | AMENDMENT TO SENATE BILL 2154
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2154 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-208.7 as follows: | 6 | | (625 ILCS 5/11-208.7) | 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 investigation, arrest, | 14 | | and detention of an offender, or the removal, impoundment, | 15 | | storage, and release of the vehicle. The administrative fee | 16 | | imposed by the municipality may be in addition to any fees
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| 1 | | charged for the towing and storage of an impounded vehicle. The | 2 | | administrative fee shall be waived by the municipality upon | 3 | | verifiable proof that the vehicle was stolen at the time the | 4 | | vehicle was impounded. | 5 | | (b) Any ordinance establishing procedures for the release | 6 | | of properly impounded vehicles under this Section may impose | 7 | | fees for the following violations: | 8 | | (1) operation or use of a motor vehicle in the | 9 | | commission of, or in the attempt to commit, an offense for | 10 | | which a motor vehicle may be seized and forfeited pursuant | 11 | | to Section 36-1 of the Criminal Code of 2012; or | 12 | | (2) driving under the influence of alcohol, another | 13 | | drug or drugs, an intoxicating compound or compounds, or | 14 | | any combination thereof, in violation of Section 11-501 of | 15 | | this Code; or | 16 | | (3) operation or use of a motor vehicle in the | 17 | | commission of, or in the attempt to commit, a felony or in | 18 | | violation of the Cannabis Control Act; or | 19 | | (4) operation or use of a motor vehicle in the | 20 | | commission of, or in the attempt to commit, an offense in | 21 | | violation of the Illinois Controlled Substances Act; or | 22 | | (5) operation or use of a motor vehicle in the | 23 | | commission of, or in the attempt to commit, an offense in | 24 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 26 | | (6) driving while a driver's license, permit, or |
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| 1 | | privilege to operate a motor vehicle is suspended or | 2 | | revoked pursuant to Section 6-303 of this Code; except that | 3 | | vehicles shall not be subjected to seizure or impoundment | 4 | | if the suspension is for an unpaid citation (parking or | 5 | | moving) or due to failure to comply with emission testing; | 6 | | or | 7 | | (7) operation or use of a motor vehicle while | 8 | | soliciting, possessing, or attempting to solicit or | 9 | | possess cannabis or a controlled substance, as defined by | 10 | | the Cannabis Control Act or the Illinois Controlled | 11 | | Substances Act; or | 12 | | (8) operation or use of a motor vehicle with an expired | 13 | | driver's license, in violation of Section 6-101 of this | 14 | | Code, if the period of expiration is greater than one year; | 15 | | or | 16 | | (9) operation or use of a motor vehicle without ever | 17 | | having been issued a driver's license or permit, in | 18 | | violation of Section 6-101 of this Code, or operating a | 19 | | motor vehicle without ever having been issued a driver's | 20 | | license or permit due to a person's age; or | 21 | | (10) operation or use of a motor vehicle by a person | 22 | | against whom a warrant has been issued by a circuit clerk | 23 | | in Illinois for failing to answer charges that the driver | 24 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 25 | | (11) operation or use of a motor vehicle in the | 26 | | commission of, or in the attempt to commit, an offense in |
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| 1 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 2 | | or the Criminal Code of 2012; or | 3 | | (12) operation or use of a motor vehicle in the | 4 | | commission of, or in the attempt to commit, any other
| 5 | | misdemeanor or felony offense in violation of the Criminal | 6 | | Code of 1961 or the Criminal Code of 2012, when so provided | 7 | | by
local ordinance ; or . | 8 | | (13) operation or use of a motor vehicle in violation | 9 | | of Section 11-503 of this Code: | 10 | | (A) while the vehicle is part of a funeral | 11 | | procession; or | 12 | | (B) in a manner that interferes with a funeral | 13 | | procession. | 14 | | (c) The following shall apply to any fees imposed for | 15 | | administrative and processing costs pursuant to subsection | 16 | | (b): | 17 | | (1) All administrative fees and towing and storage | 18 | | charges shall be imposed on the registered owner of the | 19 | | motor vehicle or the agents of that owner. | 20 | | (2) The fees shall be in addition to (i) any other | 21 | | penalties that may be assessed by a court of law for the | 22 | | underlying violations; and (ii) any towing or storage fees, | 23 | | or both, charged by the towing company. | 24 | | (3) The fees shall be uniform for all similarly | 25 | | situated vehicles. | 26 | | (4) The fees shall be collected by and paid to the |
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| 1 | | municipality imposing the fees. | 2 | | (5) The towing or storage fees, or both, shall be | 3 | | collected by and paid to the person, firm, or entity that | 4 | | tows and stores the impounded vehicle. | 5 | | (d) Any ordinance establishing procedures for the release | 6 | | of properly impounded vehicles under this Section shall provide | 7 | | for an opportunity for a hearing, as provided in subdivision | 8 | | (b)(4) of Section 11-208.3 of this Code, and for the release of | 9 | | the vehicle to the owner of record, lessee, or a lienholder of | 10 | | record upon payment of all administrative fees and towing and | 11 | | storage fees. | 12 | | (e) Any ordinance establishing procedures for the | 13 | | impoundment
and release of vehicles under this Section shall | 14 | | include the following provisions concerning notice of | 15 | | impoundment: | 16 | | (1) Whenever
a police officer has cause to believe that | 17 | | a motor vehicle is subject to impoundment, the officer
| 18 | | shall provide for the towing of the vehicle to a facility | 19 | | authorized by the municipality. | 20 | | (2) At the
time the vehicle is towed, the municipality | 21 | | shall notify or make a reasonable attempt to notify the
| 22 | | owner, lessee, or person identifying himself or herself as | 23 | | the owner or lessee of the vehicle, or any person
who is | 24 | | found to be in control of the vehicle at the time of the | 25 | | alleged offense, of the fact of the
seizure, and of the | 26 | | vehicle owner's or lessee's right to an administrative |
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| 1 | | hearing. | 2 | | (3) The municipality shall
also provide notice that the | 3 | | motor vehicle will remain impounded pending the completion | 4 | | of an
administrative hearing, unless the owner or lessee of | 5 | | the vehicle or a lienholder posts with the
municipality a | 6 | | bond equal to the administrative fee as provided by | 7 | | ordinance and pays for all
towing and storage charges. | 8 | | (f) Any ordinance establishing procedures for the | 9 | | impoundment and
release of vehicles under this Section shall | 10 | | include a provision providing that the
registered owner or | 11 | | lessee of the vehicle and any lienholder of record shall be | 12 | | provided with a
notice of hearing. The notice shall: | 13 | | (1) be served upon the owner, lessee, and any | 14 | | lienholder of record either by personal service or by first | 15 | | class mail to the interested party's address as registered | 16 | | with the Secretary of State; | 17 | | (2) be served upon interested parties within 10 days | 18 | | after a vehicle is impounded by the municipality; and | 19 | | (3) contain the date, time, and location of the | 20 | | administrative hearing. An
initial hearing shall be | 21 | | scheduled and convened no later than 45 days after the date | 22 | | of
the mailing of the notice of hearing. | 23 | | (g) In addition to the requirements contained in
| 24 | | subdivision (b)(4) of Section 11-208.3 of this Code relating to | 25 | | administrative hearings, any ordinance providing for the | 26 | | impoundment
and release of vehicles under this Section shall |
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| 1 | | include the following requirements concerning administrative | 2 | | hearings: | 3 | | (1) administrative hearings shall be conducted by a | 4 | | hearing officer who is an attorney licensed to practice law | 5 | | in this State for a minimum of 3 years; | 6 | | (2) at the conclusion of the administrative hearing, | 7 | | the hearing officer shall issue
a written decision either | 8 | | sustaining or overruling the vehicle impoundment; | 9 | | (3) if the basis for the vehicle
impoundment is | 10 | | sustained by the administrative hearing officer, any | 11 | | administrative fee posted to
secure the release of the | 12 | | vehicle shall be forfeited to the municipality; | 13 | | (4) all final decisions of the administrative hearing | 14 | | officer shall be subject to
review under the provisions of | 15 | | the Administrative Review Law; and | 16 | | (5) unless the administrative hearing
officer | 17 | | overturns the basis for the vehicle impoundment, no vehicle | 18 | | shall be released to the owner, lessee, or lienholder of | 19 | | record until
all administrative fees and towing and storage | 20 | | charges are paid. | 21 | | (h) Vehicles not retrieved from the towing facility or | 22 | | storage facility
within 35 days after the administrative | 23 | | hearing officer issues a written decision shall be deemed | 24 | | abandoned and disposed of in accordance with the provisions of | 25 | | Article II of Chapter
4 of this Code. | 26 | | (i) Unless stayed by a court of competent jurisdiction, any |
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| 1 | | fine, penalty, or administrative fee imposed under this
Section | 2 | | which remains unpaid in whole or in part after the expiration | 3 | | of the deadline for seeking judicial
review under the | 4 | | Administrative Review Law may be enforced in the same manner as | 5 | | a judgment entered by a court of
competent jurisdiction.
| 6 | | (j) The provisions of this Section apply to counties for | 7 | | the limited purpose of enforcing paragraph (13) of subsection | 8 | | (b) of this Section. | 9 | | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13.) | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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