State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_SB0225eng

      625 ILCS 5/11-1301.5 new
          Amends the Vehicle Code.  Provides that a chief of police
      of a municipality and a  sheriff  of  a  county  may  appoint
      volunteers  or  contract  with  public or private entities to
      issue  citations  to  individuals   who   violate   statutory
      provisions  or ordinances dealing with parking privileges for
      disabled persons. Requires the chief of police or sheriff  to
      train the volunteers before allowing them to issue citations.
      Provides  that  the  citations  issued  by the volunteers and
      public or private entities have the same force and effect  as
      those  issued  by  police  officers.  Provides that all funds
      collected  as  a  result  of  the  payment  of  the   parking
      violations  shall be paid to the municipality or county where
      the notice is issued. Provides that the chief  of  police  or
      sheriff  shall execute a written agreement with the volunteer
      or public or private entity concerning liability.
                                                     LRB9002023NTsb
SB225 Engrossed                                LRB9002023NTsb
 1        AN ACT to amend  the  Illinois  Vehicle  Code  by  adding
 2    Section 11-1301.5.
 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    adding Section 11-1301.5 as follows:
 7        (625 ILCS 5/11-1301.5 new)
 8        Sec.  11-1301.5.   Appointed  volunteers  and  contracted
 9    entities; disabled person parking violations.
10        (a)  The  chief  of  police  of  a  municipality  and the
11    sheriff of a county authorized to enforce  parking  laws  may
12    appoint   volunteers  or  contract  with  public  or  private
13    entities to issue parking violation notices   for  violations
14    of  Section  11-1301.3  or  ordinances  dealing  with parking
15    privileges  for  persons   with   disabilities.    Volunteers
16    appointed  under  this Section and any employees of public or
17    private entities that the chief  of  police  or  sheriff  has
18    contracted  with  under  this  Section  who are issuing these
19    parking violation notices must be at least 21 years  of  age.
20    The  chief  of police or sheriff appointing the volunteers or
21    contracting with public or private entities may establish any
22    other qualifications that he or she deems desirable.
23        (b)  The chief of police or sheriff appointing volunteers
24    under this Section shall provide training to  the  volunteers
25    before authorizing them to issue parking violation notices.
26        (c)  A  parking  violation  notice  issued by a volunteer
27    appointed under this Section or by a public or private entity
28    that the chief of police or sheriff has contracted with under
29    this Section shall have  the  same  force  and  effect  as  a
30    parking  violation  notice issued by a police officer for the
31    same offense.
32        (d)  All funds collected as a result of  the  payment  of
SB225 Engrossed             -2-                LRB9002023NTsb
 1    the parking violation notices issued under this Section shall
 2    go to the municipality or county where the notice is issued.
 3        (e)  An  appointed  volunteer or private or public entity
 4    under contract pursuant to this Section is not liable for his
 5    or her or its act or omission in the execution or enforcement
 6    of laws or ordinances if  acting  within  the  scope  of  the
 7    appointment  or  contract  authorized by this Section, unless
 8    the act or omission constitutes willful and wanton conduct.
 9        (f)  Except as otherwise provided  by  statute,  a  local
10    government,  a  chief  of  police,  sheriff, or employee of a
11    police department or sheriff, as such and acting  within  the
12    scope  of  his or her employment, is not liable for an injury
13    caused by the act or omission of an  appointed  volunteer  or
14    private  or  public  entity  under  contract pursuant to this
15    Section.  No local government, chief of police,  sheriff,  or
16    an  employee  of  a  local  government,  police department or
17    sheriff  shall  be  liable  for  any  actions  regarding  the
18    supervision or direction, or the  failure  to  supervise  and
19    direct,  an  appointed  volunteer or private or public entity
20    under contract pursuant to this Section  unless  the  act  or
21    omission constitutes willful and wanton conduct.
22        (g)  An  appointed  volunteer or private or public entity
23    under contract pursuant to  this  Section  shall  assume  all
24    liability  for and hold the property owner and his agents and
25    employees  harmless  from  any  and  all  claims  of   action
26    resulting  from the work of the appointed volunteer or public
27    or private entity.
28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.

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