Full Text of SB2185 100th General Assembly
SB2185sam002 100TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/15/2017
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| 1 | | AMENDMENT TO SENATE BILL 2185
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2185 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as Conor's Law. | 5 | | Section 5. The Department of State Police Law of the
Civil | 6 | | Administrative Code of Illinois is amended by adding Section | 7 | | 2605-54 as follows: | 8 | | (20 ILCS 2605/2605-54 new) | 9 | | Sec. 2605-54. Training policy; persons arrested while | 10 | | under the influence of alcohol or drugs. The Department shall | 11 | | consult with the Illinois Law Enforcement Training Standards | 12 | | Board to create a model policy for the Department to train law | 13 | | enforcement officers concerning persons arrested while under | 14 | | the influence of alcohol or drugs as established in Section | 15 | | 10.17-5 of the Illinois Police Training Act. |
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| 1 | | Section 10. The Illinois Police Training Act is amended by | 2 | | adding Section 10.17-5 as follows: | 3 | | (50 ILCS 705/10.17-5 new) | 4 | | Sec. 10.17-5. Training policy; persons arrested while | 5 | | under the influence of alcohol or drugs. The Board shall create | 6 | | a model policy to train law enforcement officers to respond to | 7 | | a person arrested who is under the influence of alcohol or | 8 | | drugs and the eventual release of that person from custody. The | 9 | | Board shall create a separate model policy for the release of | 10 | | persons arrested under the influence of alcohol or drugs who | 11 | | are under the age of 21 years of age. This policy shall | 12 | | include, but not be limited to, language requiring the | 13 | | arresting officer to make a reasonable attempt to contact a | 14 | | responsible adult who is willing to take custody of the person | 15 | | who is under the influence of alcohol or drugs. | 16 | | Section 15. The Illinois Vehicle Code is amended by | 17 | | changing Section 4-203 as follows: | 18 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 19 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 20 | | towing or
hauling away.
| 21 | | (a) When a vehicle is abandoned, or left unattended, on a | 22 | | toll
highway, interstate highway, or expressway for 2 hours or |
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| 1 | | more, its
removal by a towing service may be authorized by a | 2 | | law enforcement
agency having jurisdiction.
| 3 | | (b) When a vehicle is abandoned on a highway in an urban | 4 | | district 10
hours or more, its removal by a towing service may | 5 | | be authorized by a
law enforcement agency having jurisdiction.
| 6 | | (c) When a vehicle is abandoned or left unattended on a | 7 | | highway
other than a toll highway, interstate highway, or | 8 | | expressway, outside of
an urban district for 24 hours or more, | 9 | | its removal by a towing service
may be authorized by a law | 10 | | enforcement agency having jurisdiction.
| 11 | | (d) When an abandoned, unattended, wrecked, burned or | 12 | | partially
dismantled vehicle is creating a traffic hazard | 13 | | because of its position
in relation to the highway or its | 14 | | physical appearance is causing the
impeding of traffic, its | 15 | | immediate removal from the highway or private
property adjacent | 16 | | to the highway by a towing service may be authorized
by a law | 17 | | enforcement agency having jurisdiction.
| 18 | | (e) Whenever a
peace officer reasonably believes that a | 19 | | person under
arrest for a violation of Section 11-501 of this | 20 | | Code or a similar
provision of a local ordinance is likely, | 21 | | upon release, to commit a
subsequent violation of Section | 22 | | 11-501, or a similar provision of a local
ordinance, the | 23 | | arresting officer shall have the vehicle which the person
was | 24 | | operating at the time of the arrest impounded for a period of | 25 | | not less than 6 hours but not more
than 12 hours after the time | 26 | | of arrest. However, such vehicle may be
released by the |
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| 1 | | arresting law enforcement agency prior to the end of the
| 2 | | impoundment period if:
| 3 | | (1) the vehicle was not owned by the person under | 4 | | arrest, and the lawful
owner requesting such release | 5 | | possesses a valid operator's license, proof
of ownership, | 6 | | and would not, as determined by the arresting law | 7 | | enforcement
agency, indicate a lack of ability to operate a | 8 | | motor vehicle in a safe
manner, or who would otherwise, by | 9 | | operating such motor vehicle, be in
violation of this Code; | 10 | | or
| 11 | | (2) the vehicle is owned by the person under arrest, | 12 | | and the person
under arrest gives permission to another | 13 | | person to operate such vehicle,
provided however, that the | 14 | | other person possesses a valid operator's license
and would | 15 | | not, as determined by the arresting law enforcement
agency, | 16 | | indicate a lack of ability to operate a motor vehicle in a | 17 | | safe
manner or who would otherwise, by operating such motor | 18 | | vehicle, be in
violation of this Code.
| 19 | | (e-5) Whenever a registered owner of a vehicle is taken | 20 | | into custody for
operating the vehicle in violation of Section | 21 | | 11-501 of this Code or a similar
provision of a local ordinance | 22 | | or Section 6-303 of this Code, a
law enforcement officer
may | 23 | | have the vehicle immediately impounded for a period not less | 24 | | than:
| 25 | | (1) 24 hours for a second violation of Section 11-501 | 26 | | of this Code or a
similar provision of a local ordinance or |
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| 1 | | Section 6-303
of
this Code or a combination of these | 2 | | offenses; or
| 3 | | (2) 48 hours for a third violation of Section 11-501 of | 4 | | this Code or a
similar provision of a local ordinance or | 5 | | Section 6-303 of this
Code or a combination of these | 6 | | offenses.
| 7 | | The vehicle may be released sooner if the vehicle is owned | 8 | | by the person
under arrest and the person under arrest gives | 9 | | permission to another person to
operate the vehicle and that | 10 | | other person possesses a valid operator's license
and would | 11 | | not, as determined by the arresting law enforcement agency, | 12 | | indicate
a lack of ability to operate a motor vehicle in a safe | 13 | | manner or would
otherwise, by operating the motor vehicle, be | 14 | | in violation of this Code.
| 15 | | (f) Except as provided in Chapter 18a of this Code, the | 16 | | owner or
lessor of privately owned real property within this | 17 | | State, or any person
authorized by such owner or lessor, or any | 18 | | law enforcement agency in the
case of publicly owned real | 19 | | property may cause any motor vehicle abandoned
or left | 20 | | unattended upon such property without permission to be removed | 21 | | by a
towing service without liability for the costs of removal, | 22 | | transportation
or storage or damage caused by such removal, | 23 | | transportation or storage.
The towing or removal of any vehicle | 24 | | from private property without the
consent of the registered | 25 | | owner or other legally authorized person in
control of the | 26 | | vehicle is subject to compliance with the following
conditions |
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| 1 | | and restrictions:
| 2 | | 1. Any towed or removed vehicle must be stored at the | 3 | | site of the towing
service's place of business. The site | 4 | | must be open during business hours,
and for the purpose of | 5 | | redemption of vehicles, during the time that the
person or | 6 | | firm towing such vehicle is open for towing purposes.
| 7 | | 2. The towing service shall within 30 minutes of | 8 | | completion of such
towing or removal, notify the law | 9 | | enforcement agency having jurisdiction of
such towing or | 10 | | removal, and the make, model, color and license plate | 11 | | number
of the vehicle, and shall obtain and record the name | 12 | | of the person at the law
enforcement agency to whom such | 13 | | information was reported.
| 14 | | 3. If the registered owner or legally authorized person | 15 | | entitled to
possession of the vehicle shall arrive at the | 16 | | scene prior to actual removal
or towing of the vehicle, the | 17 | | vehicle shall be disconnected from the tow
truck and that | 18 | | person shall be allowed to remove the vehicle without
| 19 | | interference, upon the payment of a reasonable service fee | 20 | | of not more than
one half the posted rate of the towing | 21 | | service as provided in paragraph
6 of this subsection, for | 22 | | which a receipt shall be given.
| 23 | | 4. The rebate or payment of money or any other valuable | 24 | | consideration
from the towing service or its owners, | 25 | | managers or employees to the owners
or operators of the | 26 | | premises from which the vehicles are towed or removed,
for |
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| 1 | | the privilege of removing or towing those vehicles, is | 2 | | prohibited. Any
individual who violates this paragraph | 3 | | shall be guilty of a Class A
misdemeanor.
| 4 | | 5. Except for property appurtenant to and obviously a | 5 | | part of a single
family residence, and except for instances | 6 | | where notice is personally given
to the owner or other | 7 | | legally authorized person in control of the vehicle
that | 8 | | the area in which that vehicle is parked is reserved or | 9 | | otherwise
unavailable to unauthorized vehicles and they | 10 | | are subject to being removed
at the owner or operator's | 11 | | expense, any property owner or lessor, prior to
towing or | 12 | | removing any vehicle from private property without the | 13 | | consent of
the owner or other legally authorized person in | 14 | | control of that vehicle,
must post a notice meeting the | 15 | | following requirements:
| 16 | | a. Except as otherwise provided in subparagraph | 17 | | a.1 of this subdivision (f)5, the notice must be | 18 | | prominently placed at each driveway access or curb
cut | 19 | | allowing vehicular access to the property within 5 feet | 20 | | from the public
right-of-way line. If there are no | 21 | | curbs or access barriers, the sign must
be posted not | 22 | | less than one sign each 100 feet of lot frontage.
| 23 | | a.1. In a municipality with a population of less | 24 | | than 250,000, as an alternative to the requirement of | 25 | | subparagraph a of this subdivision (f)5, the notice for | 26 | | a parking lot contained within property used solely for |
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| 1 | | a 2-family, 3-family, or 4-family residence may be | 2 | | prominently placed at the perimeter of the parking lot, | 3 | | in a position where the notice is visible to the | 4 | | occupants of vehicles entering the lot.
| 5 | | b. The notice must indicate clearly, in not less | 6 | | than 2 inch high
light-reflective letters on a | 7 | | contrasting background, that unauthorized
vehicles | 8 | | will be towed away at the owner's expense.
| 9 | | c. The notice must also provide the name and | 10 | | current telephone
number of the towing service towing | 11 | | or removing the vehicle.
| 12 | | d. The sign structure containing the required | 13 | | notices must be
permanently installed with the bottom | 14 | | of the sign not less than 4 feet
above ground level, | 15 | | and must be continuously maintained on the property for
| 16 | | not less than 24 hours prior to the towing or removing | 17 | | of any vehicle.
| 18 | | 6. Any towing service that tows or removes vehicles and | 19 | | proposes to
require the owner, operator, or person in | 20 | | control of the vehicle to pay the
costs of towing and | 21 | | storage prior to redemption of the vehicle must file
and | 22 | | keep on record with the local law enforcement agency a | 23 | | complete copy of
the current rates to be charged for such | 24 | | services, and post at the storage
site an identical rate | 25 | | schedule and any written contracts with property
owners, | 26 | | lessors, or persons in control of property which authorize |
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| 1 | | them to
remove vehicles as provided in this Section.
The | 2 | | towing and storage charges, however, shall not exceed the | 3 | | maximum allowed by the Illinois Commerce Commission under | 4 | | Section 18a-200.
| 5 | | 7. No person shall engage in the removal of vehicles | 6 | | from private
property as described in this Section without | 7 | | filing a notice of intent
in each community where he | 8 | | intends to do such removal, and such
notice shall be filed | 9 | | at least 7 days before commencing such towing.
| 10 | | 8. No removal of a vehicle from private property shall | 11 | | be done except
upon express written instructions of the | 12 | | owners or persons in charge of the
private property upon | 13 | | which the vehicle is said to be trespassing.
| 14 | | 9. Vehicle entry for the purpose of removal shall be | 15 | | allowed with
reasonable care on the part of the person or | 16 | | firm towing the vehicle. Such
person or firm shall be | 17 | | liable for any damages occasioned to the vehicle if
such | 18 | | entry is not in accordance with the standards of reasonable | 19 | | care.
| 20 | | 9.5. Except as authorized by a law enforcement officer, | 21 | | no towing service shall engage in the removal of a | 22 | | commercial motor vehicle that requires a commercial | 23 | | driver's license to operate by operating the vehicle under | 24 | | its own power on a highway. | 25 | | 10. When a vehicle has been towed or removed pursuant | 26 | | to this Section,
it must be released to its owner or |
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| 1 | | custodian within one half hour after
requested, if such | 2 | | request is made during business hours. Any vehicle owner
or | 3 | | custodian or agent shall have the right to inspect the | 4 | | vehicle before
accepting its return, and no release or | 5 | | waiver of any kind which would
release the towing service | 6 | | from liability for damages incurred during the
towing and | 7 | | storage may be required from any vehicle owner or other | 8 | | legally
authorized person as a condition of release of the | 9 | | vehicle. A detailed,
signed receipt showing the legal name | 10 | | of the towing service must be given
to the person paying | 11 | | towing or storage charges at the time of payment,
whether | 12 | | requested or not.
| 13 | | This Section shall not apply to law enforcement, | 14 | | firefighting, rescue,
ambulance, or other emergency vehicles | 15 | | which are marked as such or to
property owned by any | 16 | | governmental entity.
| 17 | | When an authorized person improperly causes a motor vehicle | 18 | | to be
removed, such person shall be liable to the owner or | 19 | | lessee of the vehicle
for the cost or removal, transportation | 20 | | and storage, any damages resulting
from the removal, | 21 | | transportation and storage, attorney's fee and court costs.
| 22 | | Any towing or storage charges accrued shall be payable by | 23 | | the use of any
major credit card, in addition to being payable | 24 | | in cash.
| 25 | | 11. Towing companies shall also provide insurance | 26 | | coverage for areas
where vehicles towed under the |
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| 1 | | provisions of this Chapter will be impounded
or otherwise | 2 | | stored, and shall adequately cover loss by fire, theft or
| 3 | | other risks.
| 4 | | Any person who fails to comply with the conditions and | 5 | | restrictions of
this subsection shall be guilty of a Class C | 6 | | misdemeanor and shall be fined
not less than $100 nor more than | 7 | | $500.
| 8 | | (g)(1) When a vehicle is determined to be a hazardous | 9 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 10 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 11 | | Code, its
removal and impoundment by a towing service may be | 12 | | authorized by a law
enforcement agency with appropriate | 13 | | jurisdiction.
| 14 | | (2) When a vehicle removal from either public or private | 15 | | property is
authorized by a law enforcement agency, the owner | 16 | | of the vehicle shall be
responsible for all towing and storage | 17 | | charges.
| 18 | | (3) Vehicles removed from public or private property and
| 19 | | stored by a commercial vehicle relocator or any other towing | 20 | | service authorized by a law enforcement agency in
compliance | 21 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 22 | | at the request of the vehicle owner or operator,
shall
be | 23 | | subject to a possessor lien for services
pursuant to the Labor | 24 | | and Storage Lien (Small Amount) Act. The provisions of Section | 25 | | 1 of that Act relating to notice
and implied consent shall be | 26 | | deemed satisfied by compliance with Section
18a-302 and |
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| 1 | | subsection (6) of Section 18a-300. In no event shall such lien
| 2 | | be greater than the rate or rates established in accordance | 3 | | with subsection
(6) of Section 18a-200 of this Code. In no | 4 | | event shall such lien be
increased or altered to reflect any | 5 | | charge for services or materials
rendered in addition to those | 6 | | authorized by this Act. Every such lien
shall be payable by use | 7 | | of any major credit card, in addition to being
payable in cash.
| 8 | | (4) Any personal property belonging to the vehicle owner in | 9 | | a vehicle subject to a lien under this
subsection
(g) shall | 10 | | likewise be subject to that lien, excepting only:
child | 11 | | restraint systems as defined in Section 4 of the Child | 12 | | Passenger Protection Act and other child booster seats; | 13 | | eyeglasses; food; medicine; perishable property; any | 14 | | operator's licenses; any cash, credit
cards, or checks or | 15 | | checkbooks; any wallet, purse, or other property
containing any | 16 | | operator's license or other identifying documents or | 17 | | materials,
cash, credit cards, checks, or checkbooks; and any | 18 | | personal property belonging to a person other than the vehicle | 19 | | owner if that person provides adequate proof that the personal | 20 | | property belongs to that person. The spouse, child, mother, | 21 | | father, brother, or sister of the vehicle owner may claim | 22 | | personal property excepted under this paragraph (4) if the | 23 | | person claiming the personal property provides the commercial | 24 | | vehicle relocator or towing service with the authorization of | 25 | | the vehicle owner. | 26 | | (5) This paragraph (5) applies only in the case of a |
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| 1 | | vehicle that is towed as a result of being involved in an | 2 | | accident. In addition to the personal property excepted under | 3 | | paragraph (4), all other personal property in a vehicle subject | 4 | | to a lien under this subsection (g) is exempt from that lien | 5 | | and may be claimed by the vehicle owner if the vehicle owner | 6 | | provides the commercial vehicle relocator or towing service | 7 | | with proof that the vehicle owner has an insurance policy | 8 | | covering towing and storage fees. The spouse, child, mother, | 9 | | father, brother, or sister of the vehicle owner may claim | 10 | | personal property in a vehicle subject to a lien under this | 11 | | subsection (g) if the person claiming the personal property | 12 | | provides the commercial vehicle relocator or towing service | 13 | | with the authorization of the vehicle owner and proof that the | 14 | | vehicle owner has an insurance policy covering towing and | 15 | | storage fees. The regulation of liens on personal property and | 16 | | exceptions to those liens in the case of vehicles towed as a | 17 | | result of being involved in an accident are
exclusive powers | 18 | | and functions of the State. A home
rule unit may not regulate | 19 | | liens on personal property and exceptions to those liens in the | 20 | | case of vehicles towed as a result of being involved in an | 21 | | accident. This paragraph (5) is a denial and
limitation of home | 22 | | rule powers and functions under
subsection (h) of Section 6 of | 23 | | Article VII of the
Illinois Constitution. | 24 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 25 | | in its total amount; or
be increased or altered to reflect any | 26 | | charge for services or
materials rendered in addition to those |
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| 1 | | authorized by this Act.
| 2 | | (h) Whenever a peace officer issues a citation to a driver | 3 | | for a violation of subsection (a) of Section 11-506 of this | 4 | | Code, the arresting officer may have the vehicle which the | 5 | | person was operating at the time of the arrest impounded for a | 6 | | period of 5 days after the time of arrest.
An impounding agency | 7 | | shall release a motor vehicle impounded under this subsection | 8 | | (h) to the registered owner of the vehicle under any of the | 9 | | following circumstances: | 10 | | (1) If the vehicle is a stolen vehicle; or | 11 | | (2) If the person ticketed for a violation of | 12 | | subsection (a) of Section 11-506 of this Code was not | 13 | | authorized by the registered owner of the vehicle to | 14 | | operate the vehicle at the time of the violation; or | 15 | | (3) If the registered owner of the vehicle was neither | 16 | | the driver nor a passenger in the vehicle at the time of | 17 | | the violation or was unaware that the driver was using the | 18 | | vehicle to engage in street racing; or | 19 | | (4) If the legal owner or registered owner of the | 20 | | vehicle is a rental car agency; or | 21 | | (5) If, prior to the expiration of the impoundment | 22 | | period specified above, the citation is dismissed or the | 23 | | defendant is found not guilty of the offense.
| 24 | | (i) Except for vehicles exempted under subsection (b) of | 25 | | Section 7-601 of this Code, whenever a law enforcement officer | 26 | | issues a citation to a driver for a violation of Section 3-707 |
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| 1 | | of this Code, and the driver has a prior conviction for a | 2 | | violation of Section 3-707 of this Code in the past 12 months, | 3 | | the arresting officer shall authorize the removal and | 4 | | impoundment of the vehicle by a towing service. | 5 | | (Source: P.A. 99-438, eff. 1-1-16 .)".
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