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90_HB1166
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
625 ILCS 5/11-501.9 new
Amends the Illinois Vehicle Code. Provides that if a
person is convicted of driving under the influence of alcohol
or drugs twice in a 5 year period, a law enforcement agency
shall impound the vehicle used in the offense if the person
convicted is the registered owner of the vehicle. Provides
that the vehicle shall be kept in storage until the statutory
summary suspension period has passed, or a restricted or
judicial driving permit is issued and all license
reinstatement, towing, and storage fees have been paid.
LRB9004304NTsb
LRB9004304NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 4-203 and adding Section 11-501.9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 4-203 and adding Section 11-501.9 as
7 follows:
8 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
9 Sec. 4-203. Removal of motor vehicles or other vehicles;
10 Towing or hauling away.
11 (a) When a vehicle is abandoned, or left unattended, on a
12 toll highway, interstate highway, or expressway for 2 hours
13 or more, its removal by a towing service may be authorized by
14 a law enforcement agency having jurisdiction.
15 (b) When a vehicle is abandoned on a highway in an urban
16 district 10 hours or more, its removal by a towing service
17 may be authorized by a law enforcement agency having
18 jurisdiction.
19 (c) When a vehicle is abandoned or left unattended on a
20 highway other than a toll highway, interstate highway, or
21 expressway, outside of an urban district for 24 hours or
22 more, its removal by a towing service may be authorized by a
23 law enforcement agency having jurisdiction.
24 (d) When an abandoned, unattended, wrecked, burned or
25 partially dismantled vehicle is creating a traffic hazard
26 because of its position in relation to the highway or its
27 physical appearance is causing the impeding of traffic, its
28 immediate removal from the highway or private property
29 adjacent to the highway by a towing service may be authorized
30 by a law enforcement agency having jurisdiction.
31 (e) Whenever a peace officer reasonably believes that a
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1 person under arrest for a violation of Section 11-501 of this
2 Code or a similar provision of a local ordinance is likely,
3 upon release, to commit a subsequent violation of Section
4 11-501, or a similar provision of a local ordinance, the
5 arresting officer shall have the vehicle which the person was
6 operating at the time of the arrest impounded for a period of
7 not more than 6 hours after the time of arrest, except as
8 provided in Section 11-501.9 of this Code. However, such
9 vehicle may be released by the arresting law enforcement
10 agency prior to the end of the impoundment period if:
11 (1) the vehicle was not owned by the person under
12 arrest, and the lawful owner requesting such release
13 possesses a valid operator's license, proof of ownership,
14 and would not, as determined by the arresting law
15 enforcement agency, indicate a lack of ability to operate
16 a motor vehicle in a safe manner, or who would otherwise,
17 by operating such motor vehicle, be in violation of this
18 Code; or
19 (2) the vehicle is owned by the person under
20 arrest, and the person under arrest gives permission to
21 another person to operate such vehicle, provided however,
22 that the other person possesses a valid operator's
23 license and would not, as determined by the arresting law
24 enforcement agency, indicate a lack of ability to operate
25 a motor vehicle in a safe manner or who would otherwise,
26 by operating such motor vehicle, be in violation of this
27 Code.
28 (f) Except as provided in Chapter 18a of this Code, the
29 owner or lessor of privately owned real property within this
30 State, or any person authorized by such owner or lessor, or
31 any law enforcement agency in the case of publicly owned real
32 property may cause any motor vehicle abandoned or left
33 unattended upon such property without permission to be
34 removed by a towing service without liability for the costs
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1 of removal, transportation or storage or damage caused by
2 such removal, transportation or storage. The towing or
3 removal of any vehicle from private property without the
4 consent of the registered owner or other legally authorized
5 person in control of the vehicle is subject to compliance
6 with the following conditions and restrictions:
7 1. Any towed or removed vehicle must be stored at
8 the site of the towing service's place of business. The
9 site must be open during business hours, and for the
10 purpose of redemption of vehicles, during the time that
11 the person or firm towing such vehicle is open for towing
12 purposes.
13 2. The towing service shall within 30 minutes of
14 completion of such towing or removal, notify the law
15 enforcement agency having jurisdiction of such towing or
16 removal, and the make, model, color and license plate
17 number of the vehicle, and shall obtain and record the
18 name of the person at the law enforcement agency to whom
19 such information was reported.
20 3. If the registered owner or legally authorized
21 person entitled to possession of the vehicle shall arrive
22 at the scene prior to actual removal or towing of the
23 vehicle, the vehicle shall be disconnected from the tow
24 truck and that person shall be allowed to remove the
25 vehicle without interference, upon the payment of a
26 reasonable service fee of not more than one half the
27 posted rate of the towing service as provided in
28 paragraph 6 of this subsection, for which a receipt shall
29 be given.
30 4. The rebate or payment of money or any other
31 valuable consideration from the towing service or its
32 owners, managers or employees to the owners or operators
33 of the premises from which the vehicles are towed or
34 removed, for the privilege of removing or towing those
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1 vehicles, is prohibited. Any individual who violates
2 this paragraph shall be guilty of a Class A misdemeanor.
3 5. Except for property appurtenant to and obviously
4 a part of a single family residence, and except for
5 instances where notice is personally given to the owner
6 or other legally authorized person in control of the
7 vehicle that the area in which that vehicle is parked is
8 reserved or otherwise unavailable to unauthorized
9 vehicles and they are subject to being removed at the
10 owner or operator's expense, any property owner or
11 lessor, prior to towing or removing any vehicle from
12 private property without the consent of the owner or
13 other legally authorized person in control of that
14 vehicle, must post a notice meeting the following
15 requirements:
16 a. The notice must be prominently placed at
17 each driveway access or curb cut allowing vehicular
18 access to the property within 5 feet from the public
19 right-of-way line. If there are no curbs or access
20 barriers, the sign must be posted not less than one
21 sign each 100 feet of lot frontage.
22 b. The notice must indicate clearly, in not
23 less than 2 inch high light-reflective letters on a
24 contrasting background, that unauthorized vehicles
25 will be towed away at the owner's expense.
26 c. The notice must also provide the name and
27 current telephone number of the towing service
28 towing or removing the vehicle.
29 d. The sign structure containing the required
30 notices must be permanently installed with the
31 bottom of the sign not less than 4 feet above ground
32 level, and must be continuously maintained on the
33 property for not less than 24 hours prior to the
34 towing or removing of any vehicle.
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1 6. Any towing service that tows or removes vehicles
2 and proposes to require the owner, operator, or person in
3 control of the vehicle to pay the costs of towing and
4 storage prior to redemption of the vehicle must file and
5 keep on record with the local law enforcement agency a
6 complete copy of the current rates to be charged for such
7 services, and post at the storage site an identical rate
8 schedule and any written contracts with property owners,
9 lessors, or persons in control of property which
10 authorize them to remove vehicles as provided in this
11 Section.
12 7. No person shall engage in the removal of
13 vehicles from private property as described in this
14 Section without filing a notice of intent in each
15 community where he intends to do such removal, and such
16 notice shall be filed at least 7 days before commencing
17 such towing.
18 8. No removal of a vehicle from private property
19 shall be done except upon express written instructions of
20 the owners or persons in charge of the private property
21 upon which the vehicle is said to be trespassing.
22 9. Vehicle entry for the purpose of removal shall
23 be allowed with reasonable care on the part of the person
24 or firm towing the vehicle. Such person or firm shall be
25 liable for any damages occasioned to the vehicle if such
26 entry is not in accordance with the standards of
27 reasonable care.
28 10. When a vehicle has been towed or removed
29 pursuant to this Section, it must be released to its
30 owner or custodian within one half hour after requested,
31 if such request is made during business hours. Any
32 vehicle owner or custodian or agent shall have the right
33 to inspect the vehicle before accepting its return, and
34 no release or waiver of any kind which would release the
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1 towing service from liability for damages incurred during
2 the towing and storage may be required from any vehicle
3 owner or other legally authorized person as a condition
4 of release of the vehicle. A detailed, signed receipt
5 showing the legal name of the towing service must be
6 given to the person paying towing or storage charges at
7 the time of payment, whether requested or not.
8 This Section shall not apply to law enforcement,
9 firefighting, rescue, ambulance, or other emergency vehicles
10 which are marked as such or to property owned by any
11 governmental entity.
12 When an authorized person improperly causes a motor
13 vehicle to be removed, such person shall be liable to the
14 owner or lessee of the vehicle for the cost or removal,
15 transportation and storage, any damages resulting from the
16 removal, transportation and storage, attorney's fee and court
17 costs.
18 Any towing or storage charges accrued shall be payable by
19 the use of any major credit card, in addition to being
20 payable in cash.
21 11. Towing companies shall also provide insurance
22 coverage for areas where vehicles towed under the
23 provisions of this Chapter will be impounded or otherwise
24 stored, and shall adequately cover loss by fire, theft or
25 other risks.
26 Any person who fails to comply with the conditions and
27 restrictions of this subsection shall be guilty of a Class C
28 misdemeanor and shall be fined not less than $100 nor more
29 than $500.
30 (g) When a vehicle is determined to be a hazardous
31 dilapidated motor vehicle pursuant to Section 11-40-3.1 of
32 the Illinois Municipal Code, its removal and impoundment by a
33 towing service may be authorized by a law enforcement agency
34 with appropriate jurisdiction.
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1 When a vehicle removal from either public or private
2 property is authorized by a law enforcement agency, the owner
3 of the vehicle shall be responsible for all towing and
4 storage charges.
5 Vehicles removed from public or private property and
6 stored by a commercial vehicle relocator or any other towing
7 service in compliance with this Section and Sections 4-201
8 and 4-202 of this Code, shall be subject to a possessor lien
9 for services pursuant to "An Act concerning liens for labor,
10 services, skill or materials furnished upon or storage
11 furnished for chattels", filed July 24, 1941, as amended, and
12 the provisions of Section 1 of that Act relating to notice
13 and implied consent shall be deemed satisfied by compliance
14 with Section 18a-302 and subsection (6) of Section 18a-300.
15 In no event shall such lien be greater than the rate or rates
16 established in accordance with subsection (6) of Section
17 18a-200 of this Code. In no event shall such lien be
18 increased or altered to reflect any charge for services or
19 materials rendered in addition to those authorized by this
20 Act. Every such lien shall be payable by use of any major
21 credit card, in addition to being payable in cash.
22 (Source: P.A. 86-460; 86-820; 86-1028; 87-531.)
23 (625 ILCS 5/11-501.9 new)
24 Sec. 11-501.9. Second or subsequent conviction in 5
25 years; vehicle impoundment.
26 (a) An authorized law enforcement agency shall have the
27 vehicle of a person who is convicted for driving under the
28 influence of alcohol or drugs under Section 11-501 or a
29 similar provision of a local ordinance for a second or
30 subsequent time impounded if the current conviction is within
31 5 years of the previous conviction. The vehicle may be
32 retrieved by the registered owner upon expiration of a
33 statutory summary suspension under paragraphs 3 and 4 of
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1 subsection (a) of Section 6-208.1 of this Code, or issuance
2 of a judicial driving permit or restricted driving permit
3 under subsections (g) and (h) of Section 6-208.1 and upon
4 payment of all applicable reinstatement fees set forth in
5 subsection (b) of Section 6-119 of this Code.
6 (b) After notice of a second or subsequent conviction,
7 an authorized law enforcement agency shall authorize a towing
8 service to remove and take possession of the vehicle that was
9 being driven at the time of the offense if it is owned by the
10 person convicted. The towing service will safely store the
11 vehicle until the requirements in subsection (a) have been
12 met and the owner has paid all towing and storage charges.