Full Text of SB3536 97th General Assembly
SB3536eng 97TH GENERAL ASSEMBLY |
| | SB3536 Engrossed | | LRB097 18584 HEP 63816 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 changing | 5 | | Sections 11-208.2 and 11-208.7 as follows:
| 6 | | (625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
| 7 | | Sec. 11-208.2. Limitation on home rule units.
| 8 | | The provisions of this Chapter of this Act limit the | 9 | | authority of home
rule units to adopt local police regulations | 10 | | inconsistent herewith except
pursuant to Sections 11-208, | 11 | | 11-208.7, 11-209, 11-1005.1, 11-1412.1, and
11-1412.2 of this | 12 | | Chapter of this Act.
| 13 | | (Source: P.A. 92-868, eff. 6-1-03.)
| 14 | | (625 ILCS 5/11-208.7) | 15 | | Sec. 11-208.7. Administrative fees and procedures for | 16 | | impounding vehicles for specified violations. | 17 | | (a) Any municipality that is not a home rule unit may, | 18 | | consistent with this Section, provide by ordinance procedures | 19 | | for the release of properly impounded vehicles and for the | 20 | | imposition of a reasonable administrative fee related to its | 21 | | administrative and processing costs associated with the | 22 | | investigation, arrest, and detention of an offender, or the |
| | | SB3536 Engrossed | - 2 - | LRB097 18584 HEP 63816 b |
|
| 1 | | removal, impoundment, storage, and release of the vehicle. The | 2 | | administrative fee imposed by the municipality may be in | 3 | | addition to any fees
charged for the towing and storage of an | 4 | | impounded vehicle. The administrative fee shall be waived by | 5 | | the municipality upon verifiable proof that the vehicle was | 6 | | stolen at the time the vehicle was impounded. | 7 | | (b) Any ordinance establishing procedures for the release | 8 | | of properly impounded vehicles under this Section may impose | 9 | | fees for the following violations: | 10 | | (1) operation or use of a motor vehicle in the | 11 | | commission of, or in the attempt to commit, an offense for | 12 | | which a motor vehicle may be seized and forfeited pursuant | 13 | | to Section 36-1 of the Criminal Code of 1961; or | 14 | | (2) driving under the influence of alcohol, another | 15 | | drug or drugs, an intoxicating compound or compounds, or | 16 | | any combination thereof, in violation of Section 11-501 of | 17 | | this Code; or | 18 | | (3) operation or use of a motor vehicle in the | 19 | | commission of, or in the attempt to commit, a felony or in | 20 | | violation of the Cannabis Control Act; or | 21 | | (4) operation or use of a motor vehicle in the | 22 | | commission of, or in the attempt to commit, an offense in | 23 | | violation of the Illinois Controlled Substances Act; or | 24 | | (5) operation or use of a motor vehicle in the | 25 | | commission of, or in the attempt to commit, an offense in | 26 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the |
| | | SB3536 Engrossed | - 3 - | LRB097 18584 HEP 63816 b |
|
| 1 | | Criminal Code of 1961; or | 2 | | (6) driving while a driver's license, permit, or | 3 | | privilege to operate a motor vehicle is suspended or | 4 | | revoked pursuant to Section 6-303 of this Code; except that | 5 | | vehicles shall not be subjected to seizure or impoundment | 6 | | if the suspension is for an unpaid citation (parking or | 7 | | moving) or due to failure to comply with emission testing; | 8 | | or | 9 | | (7) operation or use of a motor vehicle while | 10 | | soliciting, possessing, or attempting to solicit or | 11 | | possess cannabis or a controlled substance, as defined by | 12 | | the Cannabis Control Act or the Illinois Controlled | 13 | | Substances Act; or | 14 | | (8) operation or use of a motor vehicle with an expired | 15 | | driver's license, in violation of Section 6-101 of this | 16 | | Code, if the period of expiration is greater than one year; | 17 | | or | 18 | | (9) operation or use of a motor vehicle without ever | 19 | | having been issued a driver's license or permit, in | 20 | | violation of Section 6-101 of this Code, or operating a | 21 | | motor vehicle without ever having been issued a driver's | 22 | | license or permit due to a person's age; or | 23 | | (10) operation or use of a motor vehicle by a person | 24 | | against whom a warrant has been issued by a circuit clerk | 25 | | in Illinois for failing to answer charges that the driver | 26 | | violated Section 6-101, 6-303, or 11-501 of this Code; or |
| | | SB3536 Engrossed | - 4 - | LRB097 18584 HEP 63816 b |
|
| 1 | | (11) operation or use of a motor vehicle in the | 2 | | commission of, or in the attempt to commit, an offense in | 3 | | violation of Article 16 or 16A of the Criminal Code of | 4 | | 1961; or | 5 | | (12) operation or use of a motor vehicle in the | 6 | | commission of, or in the attempt to commit, any other
| 7 | | misdemeanor or felony offense in violation of the Criminal | 8 | | Code of 1961, when so provided 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 |
| | | SB3536 Engrossed | - 5 - | LRB097 18584 HEP 63816 b |
|
| 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 |
| | | SB3536 Engrossed | - 6 - | LRB097 18584 HEP 63816 b |
|
| 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; |
| | | SB3536 Engrossed | - 7 - | LRB097 18584 HEP 63816 b |
|
| 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 shall be deemed | 19 | | abandoned and disposed of in accordance with the provisions of | 20 | | Article II of Chapter
4 of this Code. | 21 | | (i) Unless stayed by a court of competent jurisdiction, any | 22 | | fine, penalty, or administrative fee imposed under this
Section | 23 | | which remains unpaid in whole or in part after the expiration | 24 | | of the deadline for seeking judicial
review under the | 25 | | Administrative Review Law may be enforced in the same manner as | 26 | | a judgment entered by a court of
competent jurisdiction. |
| | | SB3536 Engrossed | - 8 - | LRB097 18584 HEP 63816 b |
|
| 1 | | (j) Nothing in this Section is a limitation of home rule | 2 | | powers. Nothing in this Section preempts the authority of a | 3 | | home rule unit to adopt regulations concerning administrative | 4 | | fees and procedures for impounding vehicles.
| 5 | | (Source: P.A. 97-109, eff. 1-1-12.)
|
|