Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2394 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2394 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203625 ILCS 5/4-203.5 625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204 625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214 Amends the Illinois Vehicle Code. Provides that no vehicle shall be removed from private property by a towing service or person unless the towing service or person is licensed by and in good standing with the Illinois Commerce Commission. Requires towing services to keep records of express written instructions from the owners or persons in charge of the private property upon which the vehicle is said to be trespassing. Provides that any towing service or person that violates certain provisions shall surrender the license plates for one year. Makes other changes. Effective immediately. LRB103 26377 MXP 52739 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2394 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203625 ILCS 5/4-203.5 625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204 625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 625 ILCS 5/4-203.5 625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204 625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214 Amends the Illinois Vehicle Code. Provides that no vehicle shall be removed from private property by a towing service or person unless the towing service or person is licensed by and in good standing with the Illinois Commerce Commission. Requires towing services to keep records of express written instructions from the owners or persons in charge of the private property upon which the vehicle is said to be trespassing. Provides that any towing service or person that violates certain provisions shall surrender the license plates for one year. Makes other changes. Effective immediately. LRB103 26377 MXP 52739 b LRB103 26377 MXP 52739 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2394 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203625 ILCS 5/4-203.5 625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204 625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 625 ILCS 5/4-203.5 625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204 625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214
4	4	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
5	5	625 ILCS 5/4-203.5
6	6	625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204
7	7	625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208
8	8	625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
9	9	625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214
10	10	Amends the Illinois Vehicle Code. Provides that no vehicle shall be removed from private property by a towing service or person unless the towing service or person is licensed by and in good standing with the Illinois Commerce Commission. Requires towing services to keep records of express written instructions from the owners or persons in charge of the private property upon which the vehicle is said to be trespassing. Provides that any towing service or person that violates certain provisions shall surrender the license plates for one year. Makes other changes. Effective immediately.
11	11	LRB103 26377 MXP 52739 b LRB103 26377 MXP 52739 b
12	12	LRB103 26377 MXP 52739 b
13	13	A BILL FOR
14	14	SB2394LRB103 26377 MXP 52739 b SB2394 LRB103 26377 MXP 52739 b
15	15	SB2394 LRB103 26377 MXP 52739 b
16	16	1 AN ACT concerning transportation.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Illinois Vehicle Code is amended by
20	20	5 changing Sections 4-203, 4-203.5, 4-204, 4-208, 4-209, and
21	21	6 4-214 as follows:
22	22	7 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
23	23	8 (Text of Section before amendment by P.A. 102-982)
24	24	9 Sec. 4-203. Removal of motor vehicles or other vehicles;
25	25	10 towing or hauling away.
26	26	11 (a) When a vehicle is abandoned, or left unattended, on a
27	27	12 toll highway, interstate highway, or expressway for 2 hours or
28	28	13 more, its removal by a towing service may be authorized by a
29	29	14 law enforcement agency having jurisdiction.
30	30	15 (b) When a vehicle is abandoned on a highway in an urban
31	31	16 district for 10 hours or more, its removal by a towing service
32	32	17 may be authorized by a law enforcement agency having
33	33	18 jurisdiction.
34	34	19 (c) When a vehicle is abandoned or left unattended on a
35	35	20 highway other than a toll highway, interstate highway, or
36	36	21 expressway, outside of an urban district for 24 hours or more,
37	37	22 its removal by a towing service may be authorized by a law
38	38	23 enforcement agency having jurisdiction.
39	39
40	40
41	41
42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2394 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
43	43	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203625 ILCS 5/4-203.5 625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204 625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 625 ILCS 5/4-203.5 625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204 625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209 625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214
44	44	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
45	45	625 ILCS 5/4-203.5
46	46	625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204
47	47	625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208
48	48	625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
49	49	625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214
50	50	Amends the Illinois Vehicle Code. Provides that no vehicle shall be removed from private property by a towing service or person unless the towing service or person is licensed by and in good standing with the Illinois Commerce Commission. Requires towing services to keep records of express written instructions from the owners or persons in charge of the private property upon which the vehicle is said to be trespassing. Provides that any towing service or person that violates certain provisions shall surrender the license plates for one year. Makes other changes. Effective immediately.
51	51	LRB103 26377 MXP 52739 b LRB103 26377 MXP 52739 b
52	52	LRB103 26377 MXP 52739 b
53	53	A BILL FOR
54	54
55	55
56	56
57	57
58	58
59	59	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
60	60	625 ILCS 5/4-203.5
61	61	625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204
62	62	625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208
63	63	625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
64	64	625 ILCS 5/4-214 from Ch. 95 1/2, par. 4-214
65	65
66	66
67	67
68	68	LRB103 26377 MXP 52739 b
69	69
70	70
71	71
72	72
73	73
74	74
75	75
76	76
77	77
78	78	SB2394 LRB103 26377 MXP 52739 b
79	79
80	80
81	81	SB2394- 2 -LRB103 26377 MXP 52739 b SB2394 - 2 - LRB103 26377 MXP 52739 b
82	82	SB2394 - 2 - LRB103 26377 MXP 52739 b
83	83	1 (d) When an abandoned, unattended, wrecked, burned, or
84	84	2 partially dismantled vehicle is creating a traffic hazard
85	85	3 because of its position in relation to the highway or its
86	86	4 physical appearance is causing the impeding of traffic, its
87	87	5 immediate removal from the highway or private property
88	88	6 adjacent to the highway by a towing service may be authorized
89	89	7 by a law enforcement agency having jurisdiction.
90	90	8 (e) Whenever a peace officer reasonably believes that a
91	91	9 person under arrest for a violation of Section 11-501 of this
92	92	10 Code or a similar provision of a local ordinance is likely,
93	93	11 upon release, to commit a subsequent violation of Section
94	94	12 11-501, or a similar provision of a local ordinance, the
95	95	13 arresting officer shall have the vehicle which the person was
96	96	14 operating at the time of the arrest impounded for a period of
97	97	15 12 hours after the time of arrest. However, such vehicle may be
98	98	16 released by the arresting law enforcement agency prior to the
99	99	17 end of the impoundment period if:
100	100	18 (1) the vehicle was not owned by the person under
101	101	19 arrest, and the lawful owner requesting such release
102	102	20 possesses a valid operator's license, proof of ownership,
103	103	21 and would not, as determined by the arresting law
104	104	22 enforcement agency, indicate a lack of ability to operate
105	105	23 a motor vehicle in a safe manner, or who would otherwise,
106	106	24 by operating such motor vehicle, be in violation of this
107	107	25 Code; or
108	108	26 (2) the vehicle is owned by the person under arrest,
109	109
110	110
111	111
112	112
113	113
114	114	SB2394 - 2 - LRB103 26377 MXP 52739 b
115	115
116	116
117	117	SB2394- 3 -LRB103 26377 MXP 52739 b SB2394 - 3 - LRB103 26377 MXP 52739 b
118	118	SB2394 - 3 - LRB103 26377 MXP 52739 b
119	119	1 and the person under arrest gives permission to another
120	120	2 person to operate such vehicle, provided however, that the
121	121	3 other person possesses a valid operator's license and
122	122	4 would not, as determined by the arresting law enforcement
123	123	5 agency, indicate a lack of ability to operate a motor
124	124	6 vehicle in a safe manner or who would otherwise, by
125	125	7 operating such motor vehicle, be in violation of this
126	126	8 Code.
127	127	9 (e-5) Whenever a registered owner of a vehicle is taken
128	128	10 into custody for operating the vehicle in violation of Section
129	129	11 11-501 of this Code or a similar provision of a local ordinance
130	130	12 or Section 6-303 of this Code, a law enforcement officer may
131	131	13 have the vehicle immediately impounded for a period not less
132	132	14 than:
133	133	15 (1) 24 hours for a second violation of Section 11-501
134	134	16 of this Code or a similar provision of a local ordinance or
135	135	17 Section 6-303 of this Code or a combination of these
136	136	18 offenses; or
137	137	19 (2) 48 hours for a third violation of Section 11-501
138	138	20 of this Code or a similar provision of a local ordinance or
139	139	21 Section 6-303 of this Code or a combination of these
140	140	22 offenses.
141	141	23 The vehicle may be released sooner if the vehicle is owned
142	142	24 by the person under arrest and the person under arrest gives
143	143	25 permission to another person to operate the vehicle and that
144	144	26 other person possesses a valid operator's license and would
145	145
146	146
147	147
148	148
149	149
150	150	SB2394 - 3 - LRB103 26377 MXP 52739 b
151	151
152	152
153	153	SB2394- 4 -LRB103 26377 MXP 52739 b SB2394 - 4 - LRB103 26377 MXP 52739 b
154	154	SB2394 - 4 - LRB103 26377 MXP 52739 b
155	155	1 not, as determined by the arresting law enforcement agency,
156	156	2 indicate a lack of ability to operate a motor vehicle in a safe
157	157	3 manner or would otherwise, by operating the motor vehicle, be
158	158	4 in violation of this Code.
159	159	5 (f) Except as provided in Chapter 18a of this Code, the
160	160	6 owner or lessor of privately owned real property within this
161	161	7 State, or any person authorized by such owner or lessor, or any
162	162	8 law enforcement agency in the case of publicly owned real
163	163	9 property may cause any motor vehicle abandoned or left
164	164	10 unattended upon such property without permission to be removed
165	165	11 by a towing service without liability for the costs of
166	166	12 removal, transportation or storage or damage caused by such
167	167	13 removal, transportation or storage. The towing or removal of
168	168	14 any vehicle from private property without the consent of the
169	169	15 registered owner or other legally authorized person in control
170	170	16 of the vehicle is subject to compliance with the following
171	171	17 conditions and restrictions:
172	172	18 1. Any towed or removed vehicle must be stored at the
173	173	19 site of the towing service's place of business. The site
174	174	20 must be open during business hours, and for the purpose of
175	175	21 redemption of vehicles, during the time that the person or
176	176	22 firm towing such vehicle is open for towing purposes.
177	177	23 2. The towing service shall within 30 minutes of
178	178	24 completion of such towing or removal, notify the law
179	179	25 enforcement agency having jurisdiction of such towing or
180	180	26 removal, and the make, model, color, and license plate
181	181
182	182
183	183
184	184
185	185
186	186	SB2394 - 4 - LRB103 26377 MXP 52739 b
187	187
188	188
189	189	SB2394- 5 -LRB103 26377 MXP 52739 b SB2394 - 5 - LRB103 26377 MXP 52739 b
190	190	SB2394 - 5 - LRB103 26377 MXP 52739 b
191	191	1 number of the vehicle, and shall obtain and record the
192	192	2 name of the person at the law enforcement agency to whom
193	193	3 such information was reported.
194	194	4 3. If the registered owner or legally authorized
195	195	5 person entitled to possession of the vehicle shall arrive
196	196	6 at the scene prior to actual removal or towing of the
197	197	7 vehicle, the vehicle shall be disconnected from the tow
198	198	8 truck and that person shall be allowed to remove the
199	199	9 vehicle without interference, upon the payment of a
200	200	10 reasonable service fee of not more than one-half one half
201	201	11 the posted rate of the towing service as provided in
202	202	12 paragraph 6 of this subsection, for which a receipt shall
203	203	13 be given.
204	204	14 4. The rebate or payment of money or any other
205	205	15 valuable consideration from the towing service or its
206	206	16 owners, managers, or employees to the owners or operators
207	207	17 of the premises from which the vehicles are towed or
208	208	18 removed, for the privilege of removing or towing those
209	209	19 vehicles, is prohibited. Any individual who violates this
210	210	20 paragraph shall be guilty of a Class A misdemeanor.
211	211	21 5. Except for property appurtenant to and obviously a
212	212	22 part of a single family residence, and except for
213	213	23 instances where notice is personally given to the owner or
214	214	24 other legally authorized person in control of the vehicle
215	215	25 that the area in which that vehicle is parked is reserved
216	216	26 or otherwise unavailable to unauthorized vehicles and they
217	217
218	218
219	219
220	220
221	221
222	222	SB2394 - 5 - LRB103 26377 MXP 52739 b
223	223
224	224
225	225	SB2394- 6 -LRB103 26377 MXP 52739 b SB2394 - 6 - LRB103 26377 MXP 52739 b
226	226	SB2394 - 6 - LRB103 26377 MXP 52739 b
227	227	1 are subject to being removed at the owner or operator's
228	228	2 expense, any property owner or lessor, prior to towing or
229	229	3 removing any vehicle from private property without the
230	230	4 consent of the owner or other legally authorized person in
231	231	5 control of that vehicle, must post a notice meeting the
232	232	6 following requirements:
233	233	7 a. Except as otherwise provided in subparagraph
234	234	8 a.1 of this subdivision (f)5, the notice must be
235	235	9 prominently placed at each driveway access or curb cut
236	236	10 allowing vehicular access to the property within 5
237	237	11 feet from the public right-of-way line. If there are
238	238	12 no curbs or access barriers, the sign must be posted
239	239	13 not less than one sign each 100 feet of lot frontage.
240	240	14 a.1. In a municipality with a population of less
241	241	15 than 250,000, as an alternative to the requirement of
242	242	16 subparagraph a of this subdivision (f)5, the notice
243	243	17 for a parking lot contained within property used
244	244	18 solely for a 2-family, 3-family, or 4-family residence
245	245	19 may be prominently placed at the perimeter of the
246	246	20 parking lot, in a position where the notice is visible
247	247	21 to the occupants of vehicles entering the lot.
248	248	22 b. The notice must indicate clearly, in not less
249	249	23 than 2 inch high light-reflective letters on a
250	250	24 contrasting background, that unauthorized vehicles
251	251	25 will be towed away at the owner's expense.
252	252	26 c. The notice must also provide the name and
253	253
254	254
255	255
256	256
257	257
258	258	SB2394 - 6 - LRB103 26377 MXP 52739 b
259	259
260	260
261	261	SB2394- 7 -LRB103 26377 MXP 52739 b SB2394 - 7 - LRB103 26377 MXP 52739 b
262	262	SB2394 - 7 - LRB103 26377 MXP 52739 b
263	263	1 current telephone number of the towing service towing
264	264	2 or removing the vehicle.
265	265	3 d. The sign structure containing the required
266	266	4 notices must be permanently installed with the bottom
267	267	5 of the sign not less than 4 feet above ground level,
268	268	6 and must be continuously maintained on the property
269	269	7 for not less than 24 hours prior to the towing or
270	270	8 removing of any vehicle.
271	271	9 6. Any towing service that tows or removes vehicles
272	272	10 and proposes to require the owner, operator, or person in
273	273	11 control of the vehicle to pay the costs of towing and
274	274	12 storage prior to redemption of the vehicle must file and
275	275	13 keep on record with the local law enforcement agency a
276	276	14 complete copy of the current rates to be charged for such
277	277	15 services, and post at the storage site an identical rate
278	278	16 schedule and any written contracts with property owners,
279	279	17 lessors, or persons in control of property which authorize
280	280	18 them to remove vehicles as provided in this Section. The
281	281	19 towing and storage charges, however, shall not exceed the
282	282	20 maximum allowed by the Illinois Commerce Commission under
283	283	21 Section 18a-200.
284	284	22 7. No person shall engage in the removal of vehicles
285	285	23 from private property as described in this Section without
286	286	24 filing a notice of intent in each community where he
287	287	25 intends to do such removal, and such notice shall be filed
288	288	26 at least 7 days before commencing such towing.
289	289
290	290
291	291
292	292
293	293
294	294	SB2394 - 7 - LRB103 26377 MXP 52739 b
295	295
296	296
297	297	SB2394- 8 -LRB103 26377 MXP 52739 b SB2394 - 8 - LRB103 26377 MXP 52739 b
298	298	SB2394 - 8 - LRB103 26377 MXP 52739 b
299	299	1 8. No removal of a vehicle from private property shall
300	300	2 be done by a towing service unless it is licensed and in
301	301	3 good standing with the Illinois Commerce Commission.
302	302	4 Express except upon express written instructions of the
303	303	5 owners or persons in charge of the private property upon
304	304	6 which the vehicle is said to be trespassing shall be kept
305	305	7 by the towing service.
306	306	8 9. Vehicle entry for the purpose of removal shall be
307	307	9 allowed with reasonable care on the part of the person or
308	308	10 firm towing the vehicle. Such person or firm shall be
309	309	11 liable for any damages occasioned to the vehicle if such
310	310	12 entry is not in accordance with the standards of
311	311	13 reasonable care.
312	312	14 9.5. Except as authorized by a law enforcement
313	313	15 officer, no towing service shall engage in the removal of
314	314	16 a commercial motor vehicle that requires a commercial
315	315	17 driver's license to operate by operating the vehicle under
316	316	18 its own power on a highway.
317	317	19 10. When a vehicle has been towed or removed pursuant
318	318	20 to this Section, it must be released to its owner,
319	319	21 custodian, agent, or lienholder within one-half one half
320	320	22 hour after requested, if such request is made during
321	321	23 business hours. Any vehicle owner, custodian, agent, or
322	322	24 lienholder shall have the right to inspect the vehicle
323	323	25 before accepting its return, and no release or waiver of
324	324	26 any kind which would release the towing service from
325	325
326	326
327	327
328	328
329	329
330	330	SB2394 - 8 - LRB103 26377 MXP 52739 b
331	331
332	332
333	333	SB2394- 9 -LRB103 26377 MXP 52739 b SB2394 - 9 - LRB103 26377 MXP 52739 b
334	334	SB2394 - 9 - LRB103 26377 MXP 52739 b
335	335	1 liability for damages incurred during the towing and
336	336	2 storage may be required from any vehicle owner or other
337	337	3 legally authorized person as a condition of release of the
338	338	4 vehicle. A detailed, signed receipt showing the legal name
339	339	5 of the towing service must be given to the person paying
340	340	6 towing or storage charges at the time of payment, whether
341	341	7 requested or not.
342	342	8 This Section shall not apply to law enforcement,
343	343	9 firefighting, rescue, ambulance, or other emergency
344	344	10 vehicles which are marked as such or to property owned by
345	345	11 any governmental entity.
346	346	12 When an authorized person improperly causes a motor
347	347	13 vehicle to be removed, such person shall be liable to the
348	348	14 owner or lessee of the vehicle for the cost of or removal,
349	349	15 transportation and storage, any damages resulting from the
350	350	16 removal, transportation and storage, attorney's fees fee
351	351	17 and court costs.
352	352	18 Any towing or storage charges accrued shall be payable
353	353	19 in cash or by cashier's check, certified check, debit
354	354	20 card, credit card, or wire transfer, at the option of the
355	355	21 party taking possession of the vehicle.
356	356	22 11. Towing companies shall also provide insurance
357	357	23 coverage for areas where vehicles towed under the
358	358	24 provisions of this Chapter will be impounded or otherwise
359	359	25 stored, and shall adequately cover loss by fire, theft, or
360	360	26 other risks.
361	361
362	362
363	363
364	364
365	365
366	366	SB2394 - 9 - LRB103 26377 MXP 52739 b
367	367
368	368
369	369	SB2394- 10 -LRB103 26377 MXP 52739 b SB2394 - 10 - LRB103 26377 MXP 52739 b
370	370	SB2394 - 10 - LRB103 26377 MXP 52739 b
371	371	1 Any person who fails to comply with the conditions and
372	372	2 restrictions of this subsection shall be guilty of a Class C
373	373	3 misdemeanor and shall be fined not less than $100 nor more than
374	374	4 $500. Any towing service found guilty shall surrender its
375	375	5 license plates for one year.
376	376	6 (g)(1) When a vehicle is determined to be a hazardous
377	377	7 dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
378	378	8 Illinois Municipal Code or Section 5-12002.1 of the Counties
379	379	9 Code, its removal and impoundment by a towing service may be
380	380	10 authorized by a law enforcement agency with appropriate
381	381	11 jurisdiction.
382	382	12 (2) When a vehicle removal from either public or private
383	383	13 property is authorized by a law enforcement agency, the owner
384	384	14 of the vehicle shall be responsible for all towing and storage
385	385	15 charges.
386	386	16 (3) Vehicles removed from public or private property and
387	387	17 stored by a commercial vehicle relocator or any other towing
388	388	18 service authorized by a law enforcement agency in compliance
389	389	19 with this Section and Sections 4-201 and 4-202 of this Code, or
390	390	20 at the request of the vehicle owner or operator, shall be
391	391	21 subject to a possessor lien for services pursuant to the Labor
392	392	22 and Storage Lien (Small Amount) Act. The provisions of Section
393	393	23 1 of that Act relating to notice and implied consent shall be
394	394	24 deemed satisfied by compliance with Section 18a-302 and
395	395	25 subsection (6) of Section 18a-300. In no event shall such lien
396	396	26 be greater than the rate or rates established in accordance
397	397
398	398
399	399
400	400
401	401
402	402	SB2394 - 10 - LRB103 26377 MXP 52739 b
403	403
404	404
405	405	SB2394- 11 -LRB103 26377 MXP 52739 b SB2394 - 11 - LRB103 26377 MXP 52739 b
406	406	SB2394 - 11 - LRB103 26377 MXP 52739 b
407	407	1 with subsection (6) of Section 18a-200 of this Code. In no
408	408	2 event shall such lien be increased or altered to reflect any
409	409	3 charge for services or materials rendered in addition to those
410	410	4 authorized by this Code. Every such lien shall be payable in
411	411	5 cash or by cashier's check, certified check, debit card,
412	412	6 credit card, or wire transfer, at the option of the party
413	413	7 taking possession of the vehicle.
414	414	8 (4) Any personal property belonging to the vehicle owner
415	415	9 in a vehicle subject to a lien under this subsection (g) shall
416	416	10 likewise be subject to that lien, excepting only: child
417	417	11 restraint systems as defined in Section 4 of the Child
418	418	12 Passenger Protection Act and other child booster seats;
419	419	13 eyeglasses; food; medicine; perishable property; any
420	420	14 operator's licenses; any cash, credit cards, or checks or
421	421	15 checkbooks; any wallet, purse, or other property containing
422	422	16 any operator's license or other identifying documents or
423	423	17 materials, cash, credit cards, checks, or checkbooks; and any
424	424	18 personal property belonging to a person other than the vehicle
425	425	19 owner if that person provides adequate proof that the personal
426	426	20 property belongs to that person. The spouse, child, mother,
427	427	21 father, brother, or sister of the vehicle owner may claim
428	428	22 personal property excepted under this paragraph (4) if the
429	429	23 person claiming the personal property provides the commercial
430	430	24 vehicle relocator or towing service with the authorization of
431	431	25 the vehicle owner.
432	432	26 (5) This paragraph (5) applies only in the case of a
433	433
434	434
435	435
436	436
437	437
438	438	SB2394 - 11 - LRB103 26377 MXP 52739 b
439	439
440	440
441	441	SB2394- 12 -LRB103 26377 MXP 52739 b SB2394 - 12 - LRB103 26377 MXP 52739 b
442	442	SB2394 - 12 - LRB103 26377 MXP 52739 b
443	443	1 vehicle that is towed as a result of being involved in an
444	444	2 accident. In addition to the personal property excepted under
445	445	3 paragraph (4), all other personal property in a vehicle
446	446	4 subject to a lien under this subsection (g) is exempt from that
447	447	5 lien and may be claimed by the vehicle owner if the vehicle
448	448	6 owner provides the commercial vehicle relocator or towing
449	449	7 service with proof that the vehicle owner has an insurance
450	450	8 policy covering towing and storage fees. The spouse, child,
451	451	9 mother, father, brother, or sister of the vehicle owner may
452	452	10 claim personal property in a vehicle subject to a lien under
453	453	11 this subsection (g) if the person claiming the personal
454	454	12 property provides the commercial vehicle relocator or towing
455	455	13 service with the authorization of the vehicle owner and proof
456	456	14 that the vehicle owner has an insurance policy covering towing
457	457	15 and storage fees. The regulation of liens on personal property
458	458	16 and exceptions to those liens in the case of vehicles towed as
459	459	17 a result of being involved in an accident are exclusive powers
460	460	18 and functions of the State. A home rule unit may not regulate
461	461	19 liens on personal property and exceptions to those liens in
462	462	20 the case of vehicles towed as a result of being involved in an
463	463	21 accident. This paragraph (5) is a denial and limitation of
464	464	22 home rule powers and functions under subsection (h) of Section
465	465	23 6 of Article VII of the Illinois Constitution.
466	466	24 (6) No lien under this subsection (g) shall: exceed $2,000
467	467	25 in its total amount; or be increased or altered to reflect any
468	468	26 charge for services or materials rendered in addition to those
469	469
470	470
471	471
472	472
473	473
474	474	SB2394 - 12 - LRB103 26377 MXP 52739 b
475	475
476	476
477	477	SB2394- 13 -LRB103 26377 MXP 52739 b SB2394 - 13 - LRB103 26377 MXP 52739 b
478	478	SB2394 - 13 - LRB103 26377 MXP 52739 b
479	479	1 authorized by this Code.
480	480	2 (h) Whenever a peace officer issues a citation to a driver
481	481	3 for a violation of subsection (a) of Section 11-506 of this
482	482	4 Code, the arresting officer may have the vehicle which the
483	483	5 person was operating at the time of the arrest impounded for a
484	484	6 period of 5 days after the time of arrest. An impounding agency
485	485	7 shall release a motor vehicle impounded under this subsection
486	486	8 (h) to the registered owner of the vehicle under any of the
487	487	9 following circumstances:
488	488	10 (1) if If the vehicle is a stolen vehicle; or
489	489	11 (2) if If the person ticketed for a violation of
490	490	12 subsection (a) of Section 11-506 of this Code was not
491	491	13 authorized by the registered owner of the vehicle to
492	492	14 operate the vehicle at the time of the violation; or
493	493	15 (3) if If the registered owner of the vehicle was
494	494	16 neither the driver nor a passenger in the vehicle at the
495	495	17 time of the violation or was unaware that the driver was
496	496	18 using the vehicle to engage in street racing; or
497	497	19 (4) if If the legal owner or registered owner of the
498	498	20 vehicle is a rental car agency; or
499	499	21 (5) if If, prior to the expiration of the impoundment
500	500	22 period specified above, the citation is dismissed or the
501	501	23 defendant is found not guilty of the offense.
502	502	24 (i) Except for vehicles exempted under subsection (b) of
503	503	25 Section 7-601 of this Code, whenever a law enforcement officer
504	504	26 issues a citation to a driver for a violation of Section 3-707
505	505
506	506
507	507
508	508
509	509
510	510	SB2394 - 13 - LRB103 26377 MXP 52739 b
511	511
512	512
513	513	SB2394- 14 -LRB103 26377 MXP 52739 b SB2394 - 14 - LRB103 26377 MXP 52739 b
514	514	SB2394 - 14 - LRB103 26377 MXP 52739 b
515	515	1 of this Code, and the driver has a prior conviction for a
516	516	2 violation of Section 3-707 of this Code in the past 12 months,
517	517	3 the arresting officer shall authorize the removal and
518	518	4 impoundment of the vehicle by a towing service.
519	519	5 (Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
520	520	6 100-537, eff. 6-1-18; 100-863, eff. 8-14-18; revised 8-26-22.)
521	521	7 (Text of Section after amendment by P.A. 102-982)
522	522	8 Sec. 4-203. Removal of motor vehicles or other vehicles;
523	523	9 towing or hauling away.
524	524	10 (a) When a vehicle is abandoned, or left unattended, on a
525	525	11 toll highway, interstate highway, or expressway for 2 hours or
526	526	12 more, its removal by a towing service may be authorized by a
527	527	13 law enforcement agency having jurisdiction.
528	528	14 (b) When a vehicle is abandoned on a highway in an urban
529	529	15 district for 10 hours or more, its removal by a towing service
530	530	16 may be authorized by a law enforcement agency having
531	531	17 jurisdiction.
532	532	18 (c) When a vehicle is abandoned or left unattended on a
533	533	19 highway other than a toll highway, interstate highway, or
534	534	20 expressway, outside of an urban district for 24 hours or more,
535	535	21 its removal by a towing service may be authorized by a law
536	536	22 enforcement agency having jurisdiction.
537	537	23 (d) When an abandoned, unattended, wrecked, burned, or
538	538	24 partially dismantled vehicle is creating a traffic hazard
539	539	25 because of its position in relation to the highway or its
540	540
541	541
542	542
543	543
544	544
545	545	SB2394 - 14 - LRB103 26377 MXP 52739 b
546	546
547	547
548	548	SB2394- 15 -LRB103 26377 MXP 52739 b SB2394 - 15 - LRB103 26377 MXP 52739 b
549	549	SB2394 - 15 - LRB103 26377 MXP 52739 b
550	550	1 physical appearance is causing the impeding of traffic, its
551	551	2 immediate removal from the highway or private property
552	552	3 adjacent to the highway by a towing service may be authorized
553	553	4 by a law enforcement agency having jurisdiction.
554	554	5 (e) Whenever a peace officer reasonably believes that a
555	555	6 person under arrest for a violation of Section 11-501 of this
556	556	7 Code or a similar provision of a local ordinance is likely,
557	557	8 upon release, to commit a subsequent violation of Section
558	558	9 11-501, or a similar provision of a local ordinance, the
559	559	10 arresting officer shall have the vehicle which the person was
560	560	11 operating at the time of the arrest impounded for a period of
561	561	12 12 hours after the time of arrest. However, such vehicle may be
562	562	13 released by the arresting law enforcement agency prior to the
563	563	14 end of the impoundment period if:
564	564	15 (1) the vehicle was not owned by the person under
565	565	16 arrest, and the lawful owner requesting such release
566	566	17 possesses a valid operator's license, proof of ownership,
567	567	18 and would not, as determined by the arresting law
568	568	19 enforcement agency, indicate a lack of ability to operate
569	569	20 a motor vehicle in a safe manner, or who would otherwise,
570	570	21 by operating such motor vehicle, be in violation of this
571	571	22 Code; or
572	572	23 (2) the vehicle is owned by the person under arrest,
573	573	24 and the person under arrest gives permission to another
574	574	25 person to operate such vehicle, provided however, that the
575	575	26 other person possesses a valid operator's license and
576	576
577	577
578	578
579	579
580	580
581	581	SB2394 - 15 - LRB103 26377 MXP 52739 b
582	582
583	583
584	584	SB2394- 16 -LRB103 26377 MXP 52739 b SB2394 - 16 - LRB103 26377 MXP 52739 b
585	585	SB2394 - 16 - LRB103 26377 MXP 52739 b
586	586	1 would not, as determined by the arresting law enforcement
587	587	2 agency, indicate a lack of ability to operate a motor
588	588	3 vehicle in a safe manner or who would otherwise, by
589	589	4 operating such motor vehicle, be in violation of this
590	590	5 Code.
591	591	6 (e-5) Whenever a registered owner of a vehicle is taken
592	592	7 into custody for operating the vehicle in violation of Section
593	593	8 11-501 of this Code or a similar provision of a local ordinance
594	594	9 or Section 6-303 of this Code, a law enforcement officer may
595	595	10 have the vehicle immediately impounded for a period not less
596	596	11 than:
597	597	12 (1) 24 hours for a second violation of Section 11-501
598	598	13 of this Code or a similar provision of a local ordinance or
599	599	14 Section 6-303 of this Code or a combination of these
600	600	15 offenses; or
601	601	16 (2) 48 hours for a third violation of Section 11-501
602	602	17 of this Code or a similar provision of a local ordinance or
603	603	18 Section 6-303 of this Code or a combination of these
604	604	19 offenses.
605	605	20 The vehicle may be released sooner if the vehicle is owned
606	606	21 by the person under arrest and the person under arrest gives
607	607	22 permission to another person to operate the vehicle and that
608	608	23 other person possesses a valid operator's license and would
609	609	24 not, as determined by the arresting law enforcement agency,
610	610	25 indicate a lack of ability to operate a motor vehicle in a safe
611	611	26 manner or would otherwise, by operating the motor vehicle, be
612	612
613	613
614	614
615	615
616	616
617	617	SB2394 - 16 - LRB103 26377 MXP 52739 b
618	618
619	619
620	620	SB2394- 17 -LRB103 26377 MXP 52739 b SB2394 - 17 - LRB103 26377 MXP 52739 b
621	621	SB2394 - 17 - LRB103 26377 MXP 52739 b
622	622	1 in violation of this Code.
623	623	2 (f) Except as provided in Chapter 18a of this Code, the
624	624	3 owner or lessor of privately owned real property within this
625	625	4 State, or any person authorized by such owner or lessor, or any
626	626	5 law enforcement agency in the case of publicly owned real
627	627	6 property may cause any motor vehicle abandoned or left
628	628	7 unattended upon such property without permission to be removed
629	629	8 by a towing service without liability for the costs of
630	630	9 removal, transportation or storage or damage caused by such
631	631	10 removal, transportation or storage. The towing or removal of
632	632	11 any vehicle from private property without the consent of the
633	633	12 registered owner or other legally authorized person in control
634	634	13 of the vehicle is subject to compliance with the following
635	635	14 conditions and restrictions:
636	636	15 1. Any towed or removed vehicle must be stored at the
637	637	16 site of the towing service's place of business. The site
638	638	17 must be open during business hours, and for the purpose of
639	639	18 redemption of vehicles, during the time that the person or
640	640	19 firm towing such vehicle is open for towing purposes.
641	641	20 2. The towing service shall within 30 minutes of
642	642	21 completion of such towing or removal, notify the law
643	643	22 enforcement agency having jurisdiction of such towing or
644	644	23 removal, and the make, model, color, and license plate
645	645	24 number of the vehicle, and shall obtain and record the
646	646	25 name of the person at the law enforcement agency to whom
647	647	26 such information was reported.
648	648
649	649
650	650
651	651
652	652
653	653	SB2394 - 17 - LRB103 26377 MXP 52739 b
654	654
655	655
656	656	SB2394- 18 -LRB103 26377 MXP 52739 b SB2394 - 18 - LRB103 26377 MXP 52739 b
657	657	SB2394 - 18 - LRB103 26377 MXP 52739 b
658	658	1 3. If the registered owner or legally authorized
659	659	2 person entitled to possession of the vehicle shall arrive
660	660	3 at the scene prior to actual removal or towing of the
661	661	4 vehicle, the vehicle shall be disconnected from the tow
662	662	5 truck and that person shall be allowed to remove the
663	663	6 vehicle without interference, upon the payment of a
664	664	7 reasonable service fee of not more than one-half one half
665	665	8 the posted rate of the towing service as provided in
666	666	9 paragraph 6 of this subsection, for which a receipt shall
667	667	10 be given.
668	668	11 4. The rebate or payment of money or any other
669	669	12 valuable consideration from the towing service or its
670	670	13 owners, managers, or employees to the owners or operators
671	671	14 of the premises from which the vehicles are towed or
672	672	15 removed, for the privilege of removing or towing those
673	673	16 vehicles, is prohibited. Any individual who violates this
674	674	17 paragraph shall be guilty of a Class A misdemeanor.
675	675	18 5. Except for property appurtenant to and obviously a
676	676	19 part of a single family residence, and except for
677	677	20 instances where notice is personally given to the owner or
678	678	21 other legally authorized person in control of the vehicle
679	679	22 that the area in which that vehicle is parked is reserved
680	680	23 or otherwise unavailable to unauthorized vehicles and they
681	681	24 are subject to being removed at the owner or operator's
682	682	25 expense, any property owner or lessor, prior to towing or
683	683	26 removing any vehicle from private property without the
684	684
685	685
686	686
687	687
688	688
689	689	SB2394 - 18 - LRB103 26377 MXP 52739 b
690	690
691	691
692	692	SB2394- 19 -LRB103 26377 MXP 52739 b SB2394 - 19 - LRB103 26377 MXP 52739 b
693	693	SB2394 - 19 - LRB103 26377 MXP 52739 b
694	694	1 consent of the owner or other legally authorized person in
695	695	2 control of that vehicle, must post a notice meeting the
696	696	3 following requirements:
697	697	4 a. Except as otherwise provided in subparagraph
698	698	5 a.1 of this subdivision (f)5, the notice must be
699	699	6 prominently placed at each driveway access or curb cut
700	700	7 allowing vehicular access to the property within 5
701	701	8 feet from the public right-of-way line. If there are
702	702	9 no curbs or access barriers, the sign must be posted
703	703	10 not less than one sign each 100 feet of lot frontage.
704	704	11 a.1. In a municipality with a population of less
705	705	12 than 250,000, as an alternative to the requirement of
706	706	13 subparagraph a of this subdivision (f)5, the notice
707	707	14 for a parking lot contained within property used
708	708	15 solely for a 2-family, 3-family, or 4-family residence
709	709	16 may be prominently placed at the perimeter of the
710	710	17 parking lot, in a position where the notice is visible
711	711	18 to the occupants of vehicles entering the lot.
712	712	19 b. The notice must indicate clearly, in not less
713	713	20 than 2 inch high light-reflective letters on a
714	714	21 contrasting background, that unauthorized vehicles
715	715	22 will be towed away at the owner's expense.
716	716	23 c. The notice must also provide the name and
717	717	24 current telephone number of the towing service towing
718	718	25 or removing the vehicle.
719	719	26 d. The sign structure containing the required
720	720
721	721
722	722
723	723
724	724
725	725	SB2394 - 19 - LRB103 26377 MXP 52739 b
726	726
727	727
728	728	SB2394- 20 -LRB103 26377 MXP 52739 b SB2394 - 20 - LRB103 26377 MXP 52739 b
729	729	SB2394 - 20 - LRB103 26377 MXP 52739 b
730	730	1 notices must be permanently installed with the bottom
731	731	2 of the sign not less than 4 feet above ground level,
732	732	3 and must be continuously maintained on the property
733	733	4 for not less than 24 hours prior to the towing or
734	734	5 removing of any vehicle.
735	735	6 6. Any towing service that tows or removes vehicles
736	736	7 and proposes to require the owner, operator, or person in
737	737	8 control of the vehicle to pay the costs of towing and
738	738	9 storage prior to redemption of the vehicle must file and
739	739	10 keep on record with the local law enforcement agency a
740	740	11 complete copy of the current rates to be charged for such
741	741	12 services, and post at the storage site an identical rate
742	742	13 schedule and any written contracts with property owners,
743	743	14 lessors, or persons in control of property which authorize
744	744	15 them to remove vehicles as provided in this Section. The
745	745	16 towing and storage charges, however, shall not exceed the
746	746	17 maximum allowed by the Illinois Commerce Commission under
747	747	18 Section 18a-200.
748	748	19 7. No person shall engage in the removal of vehicles
749	749	20 from private property as described in this Section without
750	750	21 having an Illinois Commerce Commission license in good
751	751	22 standing and shall file filing a notice of intent in each
752	752	23 community where he intends to do such removal, and such
753	753	24 notice shall be filed at least 7 days before commencing
754	754	25 such towing.
755	755	26 8. No removal of a vehicle from private property shall
756	756
757	757
758	758
759	759
760	760
761	761	SB2394 - 20 - LRB103 26377 MXP 52739 b
762	762
763	763
764	764	SB2394- 21 -LRB103 26377 MXP 52739 b SB2394 - 21 - LRB103 26377 MXP 52739 b
765	765	SB2394 - 21 - LRB103 26377 MXP 52739 b
766	766	1 be done except upon express written instructions of the
767	767	2 owners or persons in charge of the private property upon
768	768	3 which the vehicle is said to be trespassing. The express
769	769	4 written instructions shall be kept by the towing service.
770	770	5 9. Vehicle entry for the purpose of removal shall be
771	771	6 allowed with reasonable care on the part of the person or
772	772	7 firm towing the vehicle. Such person or firm shall be
773	773	8 liable for any damages occasioned to the vehicle if such
774	774	9 entry is not in accordance with the standards of
775	775	10 reasonable care.
776	776	11 9.5. Except as authorized by a law enforcement
777	777	12 officer, no towing service shall engage in the removal of
778	778	13 a commercial motor vehicle that requires a commercial
779	779	14 driver's license to operate by operating the vehicle under
780	780	15 its own power on a highway.
781	781	16 10. When a vehicle has been towed or removed pursuant
782	782	17 to this Section, it must be released to its owner,
783	783	18 custodian, agent, or lienholder within one-half one half
784	784	19 hour after requested, if such request is made during
785	785	20 business hours. Any vehicle owner, custodian, agent, or
786	786	21 lienholder shall have the right to inspect the vehicle
787	787	22 before accepting its return, and no release or waiver of
788	788	23 any kind which would release the towing service from
789	789	24 liability for damages incurred during the towing and
790	790	25 storage may be required from any vehicle owner or other
791	791	26 legally authorized person as a condition of release of the
792	792
793	793
794	794
795	795
796	796
797	797	SB2394 - 21 - LRB103 26377 MXP 52739 b
798	798
799	799
800	800	SB2394- 22 -LRB103 26377 MXP 52739 b SB2394 - 22 - LRB103 26377 MXP 52739 b
801	801	SB2394 - 22 - LRB103 26377 MXP 52739 b
802	802	1 vehicle. A detailed, signed receipt showing the legal name
803	803	2 of the towing service must be given to the person paying
804	804	3 towing or storage charges at the time of payment, whether
805	805	4 requested or not.
806	806	5 This Section shall not apply to law enforcement,
807	807	6 firefighting, rescue, ambulance, or other emergency
808	808	7 vehicles which are marked as such or to property owned by
809	809	8 any governmental entity.
810	810	9 When an authorized person improperly causes a motor
811	811	10 vehicle to be removed, such person shall be liable to the
812	812	11 owner or lessee of the vehicle for the cost of or removal,
813	813	12 transportation and storage, any damages resulting from the
814	814	13 removal, transportation and storage, attorney's fees fee
815	815	14 and court costs.
816	816	15 Any towing or storage charges accrued shall be payable
817	817	16 in cash or by cashier's check, certified check, debit
818	818	17 card, credit card, or wire transfer, at the option of the
819	819	18 party taking possession of the vehicle.
820	820	19 11. Towing companies shall also provide insurance
821	821	20 coverage for areas where vehicles towed under the
822	822	21 provisions of this Chapter will be impounded or otherwise
823	823	22 stored, and shall adequately cover loss by fire, theft, or
824	824	23 other risks.
825	825	24 Any person who fails to comply with the conditions and
826	826	25 restrictions of this subsection shall be guilty of a Class C
827	827	26 misdemeanor and shall be fined not less than $100 nor more than
828	828
829	829
830	830
831	831
832	832
833	833	SB2394 - 22 - LRB103 26377 MXP 52739 b
834	834
835	835
836	836	SB2394- 23 -LRB103 26377 MXP 52739 b SB2394 - 23 - LRB103 26377 MXP 52739 b
837	837	SB2394 - 23 - LRB103 26377 MXP 52739 b
838	838	1 $500. Any towing service found guilty shall surrender its
839	839	2 license plates for one year.
840	840	3 (g)(1) When a vehicle is determined to be a hazardous
841	841	4 dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
842	842	5 Illinois Municipal Code or Section 5-12002.1 of the Counties
843	843	6 Code, its removal and impoundment by a towing service may be
844	844	7 authorized by a law enforcement agency with appropriate
845	845	8 jurisdiction.
846	846	9 (2) When a vehicle removal from either public or private
847	847	10 property is authorized by a law enforcement agency, the owner
848	848	11 of the vehicle shall be responsible for all towing and storage
849	849	12 charges.
850	850	13 (3) Vehicles removed from public or private property and
851	851	14 stored by a commercial vehicle relocator or any other towing
852	852	15 service authorized by a law enforcement agency in compliance
853	853	16 with this Section and Sections 4-201 and 4-202 of this Code, or
854	854	17 at the request of the vehicle owner or operator, shall be
855	855	18 subject to a possessor lien for services pursuant to the Labor
856	856	19 and Storage Lien (Small Amount) Act. The provisions of Section
857	857	20 1 of that Act relating to notice and implied consent shall be
858	858	21 deemed satisfied by compliance with Section 18a-302 and
859	859	22 subsection (6) of Section 18a-300. In no event shall such lien
860	860	23 be greater than the rate or rates established in accordance
861	861	24 with subsection (6) of Section 18a-200 of this Code. In no
862	862	25 event shall such lien be increased or altered to reflect any
863	863	26 charge for services or materials rendered in addition to those
864	864
865	865
866	866
867	867
868	868
869	869	SB2394 - 23 - LRB103 26377 MXP 52739 b
870	870
871	871
872	872	SB2394- 24 -LRB103 26377 MXP 52739 b SB2394 - 24 - LRB103 26377 MXP 52739 b
873	873	SB2394 - 24 - LRB103 26377 MXP 52739 b
874	874	1 authorized by this Code. Every such lien shall be payable in
875	875	2 cash or by cashier's check, certified check, debit card,
876	876	3 credit card, or wire transfer, at the option of the party
877	877	4 taking possession of the vehicle.
878	878	5 (4) Any personal property belonging to the vehicle owner
879	879	6 in a vehicle subject to a lien under this subsection (g) shall
880	880	7 likewise be subject to that lien, excepting only: child
881	881	8 restraint systems as defined in Section 4 of the Child
882	882	9 Passenger Protection Act and other child booster seats;
883	883	10 eyeglasses; food; medicine; perishable property; any
884	884	11 operator's licenses; any cash, credit cards, or checks or
885	885	12 checkbooks; any wallet, purse, or other property containing
886	886	13 any operator's license or other identifying documents or
887	887	14 materials, cash, credit cards, checks, or checkbooks; and any
888	888	15 personal property belonging to a person other than the vehicle
889	889	16 owner if that person provides adequate proof that the personal
890	890	17 property belongs to that person. The spouse, child, mother,
891	891	18 father, brother, or sister of the vehicle owner may claim
892	892	19 personal property excepted under this paragraph (4) if the
893	893	20 person claiming the personal property provides the commercial
894	894	21 vehicle relocator or towing service with the authorization of
895	895	22 the vehicle owner.
896	896	23 (5) This paragraph (5) applies only in the case of a
897	897	24 vehicle that is towed as a result of being involved in a crash.
898	898	25 In addition to the personal property excepted under paragraph
899	899	26 (4), all other personal property in a vehicle subject to a lien
900	900
901	901
902	902
903	903
904	904
905	905	SB2394 - 24 - LRB103 26377 MXP 52739 b
906	906
907	907
908	908	SB2394- 25 -LRB103 26377 MXP 52739 b SB2394 - 25 - LRB103 26377 MXP 52739 b
909	909	SB2394 - 25 - LRB103 26377 MXP 52739 b
910	910	1 under this subsection (g) is exempt from that lien and may be
911	911	2 claimed by the vehicle owner if the vehicle owner provides the
912	912	3 commercial vehicle relocator or towing service with proof that
913	913	4 the vehicle owner has an insurance policy covering towing and
914	914	5 storage fees. The spouse, child, mother, father, brother, or
915	915	6 sister of the vehicle owner may claim personal property in a
916	916	7 vehicle subject to a lien under this subsection (g) if the
917	917	8 person claiming the personal property provides the commercial
918	918	9 vehicle relocator or towing service with the authorization of
919	919	10 the vehicle owner and proof that the vehicle owner has an
920	920	11 insurance policy covering towing and storage fees. The
921	921	12 regulation of liens on personal property and exceptions to
922	922	13 those liens in the case of vehicles towed as a result of being
923	923	14 involved in a crash are exclusive powers and functions of the
924	924	15 State. A home rule unit may not regulate liens on personal
925	925	16 property and exceptions to those liens in the case of vehicles
926	926	17 towed as a result of being involved in a crash. This paragraph
927	927	18 (5) is a denial and limitation of home rule powers and
928	928	19 functions under subsection (h) of Section 6 of Article VII of
929	929	20 the Illinois Constitution.
930	930	21 (6) No lien under this subsection (g) shall: exceed $2,000
931	931	22 in its total amount; or be increased or altered to reflect any
932	932	23 charge for services or materials rendered in addition to those
933	933	24 authorized by this Code.
934	934	25 (h) Whenever a peace officer issues a citation to a driver
935	935	26 for a violation of subsection (a) of Section 11-506 of this
936	936
937	937
938	938
939	939
940	940
941	941	SB2394 - 25 - LRB103 26377 MXP 52739 b
942	942
943	943
944	944	SB2394- 26 -LRB103 26377 MXP 52739 b SB2394 - 26 - LRB103 26377 MXP 52739 b
945	945	SB2394 - 26 - LRB103 26377 MXP 52739 b
946	946	1 Code, the arresting officer may have the vehicle which the
947	947	2 person was operating at the time of the arrest impounded for a
948	948	3 period of 5 days after the time of arrest. An impounding agency
949	949	4 shall release a motor vehicle impounded under this subsection
950	950	5 (h) to the registered owner of the vehicle under any of the
951	951	6 following circumstances:
952	952	7 (1) if If the vehicle is a stolen vehicle; or
953	953	8 (2) if If the person ticketed for a violation of
954	954	9 subsection (a) of Section 11-506 of this Code was not
955	955	10 authorized by the registered owner of the vehicle to
956	956	11 operate the vehicle at the time of the violation; or
957	957	12 (3) if If the registered owner of the vehicle was
958	958	13 neither the driver nor a passenger in the vehicle at the
959	959	14 time of the violation or was unaware that the driver was
960	960	15 using the vehicle to engage in street racing; or
961	961	16 (4) if If the legal owner or registered owner of the
962	962	17 vehicle is a rental car agency; or
963	963	18 (5) if If, prior to the expiration of the impoundment
964	964	19 period specified above, the citation is dismissed or the
965	965	20 defendant is found not guilty of the offense.
966	966	21 (i) Except for vehicles exempted under subsection (b) of
967	967	22 Section 7-601 of this Code, whenever a law enforcement officer
968	968	23 issues a citation to a driver for a violation of Section 3-707
969	969	24 of this Code, and the driver has a prior conviction for a
970	970	25 violation of Section 3-707 of this Code in the past 12 months,
971	971	26 the arresting officer shall authorize the removal and
972	972
973	973
974	974
975	975
976	976
977	977	SB2394 - 26 - LRB103 26377 MXP 52739 b
978	978
979	979
980	980	SB2394- 27 -LRB103 26377 MXP 52739 b SB2394 - 27 - LRB103 26377 MXP 52739 b
981	981	SB2394 - 27 - LRB103 26377 MXP 52739 b
982	982	1 impoundment of the vehicle by a towing service.
983	983	2 (Source: P.A. 102-982, eff. 7-1-23; revised 8-26-22.)
984	984	3 (625 ILCS 5/4-203.5)
985	985	4 Sec. 4-203.5. Tow rotation list.
986	986	5 (a) Each law enforcement agency whose duties include the
987	987	6 patrol of highways in this State shall maintain a tow rotation
988	988	7 list which shall be used by law enforcement officers
989	989	8 authorizing the tow of a vehicle within the jurisdiction of
990	990	9 the law enforcement agency. To ensure adequate response time,
991	991	10 a law enforcement agency may maintain multiple tow rotation
992	992	11 lists, with each tow rotation list covering tows authorized in
993	993	12 different geographic locations within the jurisdiction of the
994	994	13 law enforcement agency. A towing service may be included on
995	995	14 more than one tow rotation list.
996	996	15 (b) Any towing service operating within the jurisdiction
997	997	16 of a law enforcement agency may submit an application in a form
998	998	17 and manner prescribed by the law enforcement agency for
999	999	18 inclusion on the law enforcement agency's tow rotation list.
1000	1000	19 The towing service does not need to be located within the
1001	1001	20 jurisdiction of the law enforcement agency. To be included on
1002	1002	21 a tow rotation list the towing service must meet the following
1003	1003	22 requirements:
1004	1004	23 (1) possess a license permitting the towing service to
1005	1005	24 operate in every unit of local government in the law
1006	1006	25 enforcement agency's jurisdiction that requires a license
1007	1007
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012	SB2394 - 27 - LRB103 26377 MXP 52739 b
1013	1013
1014	1014
1015	1015	SB2394- 28 -LRB103 26377 MXP 52739 b SB2394 - 28 - LRB103 26377 MXP 52739 b
1016	1016	SB2394 - 28 - LRB103 26377 MXP 52739 b
1017	1017	1 for the operation of a towing service;
1018	1018	2 (2) if required by the law enforcement agency for
1019	1019	3 inclusion on that law enforcement agency's tow rotation
1020	1020	4 list, each owner of the towing service and each person
1021	1021	5 operating a vehicle on behalf of the towing service shall
1022	1022	6 submit his or her fingerprints to the Illinois State
1023	1023	7 Police in the form and manner prescribed by the Illinois
1024	1024	8 State Police. These fingerprints should be transmitted
1025	1025	9 through a live scan fingerprint vendor licensed by the
1026	1026	10 Department of Financial and Professional Regulation. These
1027	1027	11 fingerprints shall be checked against the fingerprint
1028	1028	12 records now and hereafter filed in the Illinois State
1029	1029	13 Police and Federal Bureau of Investigation criminal
1030	1030	14 history records databases. The Illinois State Police shall
1031	1031	15 charge a fee for conducting the criminal history record
1032	1032	16 check, which shall be deposited in the State Police
1033	1033	17 Services Fund and shall not exceed the actual cost of the
1034	1034	18 State and national criminal history record check. The
1035	1035	19 Illinois State Police shall furnish, pursuant to positive
1036	1036	20 identification, all Illinois conviction information to the
1037	1037	21 law enforcement agency maintaining the tow rotation list
1038	1038	22 and shall forward the national criminal history record
1039	1039	23 information to the law enforcement agency maintaining the
1040	1040	24 tow rotation list. A person may not own a towing service or
1041	1041	25 operate a vehicle on behalf of a towing service included
1042	1042	26 on a tow rotation list if that person has been convicted
1043	1043
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048	SB2394 - 28 - LRB103 26377 MXP 52739 b
1049	1049
1050	1050
1051	1051	SB2394- 29 -LRB103 26377 MXP 52739 b SB2394 - 29 - LRB103 26377 MXP 52739 b
1052	1052	SB2394 - 29 - LRB103 26377 MXP 52739 b
1053	1053	1 during the 5 years preceding the application of a criminal
1054	1054	2 offense involving one or more of the following:
1055	1055	3 (A) bodily injury or attempt to inflict bodily
1056	1056	4 injury to another person;
1057	1057	5 (B) theft of property or attempted theft of
1058	1058	6 property; or
1059	1059	7 (C) sexual assault or attempted sexual assault of
1060	1060	8 any kind;
1061	1061	9 (3) each person operating a vehicle on behalf of the
1062	1062	10 towing service must be classified for the type of towing
1063	1063	11 operation he or she shall be performing and the vehicle he
1064	1064	12 or she shall be operating;
1065	1065	13 (4) possess and maintain the following insurance in
1066	1066	14 addition to any other insurance required by law:
1067	1067	15 (A) comprehensive automobile liability insurance
1068	1068	16 with a minimum combined single limit coverage of
1069	1069	17 $1,000,000;
1070	1070	18 (B) commercial general liability insurance with
1071	1071	19 limits of not less than $1,000,000 per occurrence,
1072	1072	20 $100,000 minimum garage keepers legal liability
1073	1073	21 insurance, and $100,000 minimum on-hook coverage or
1074	1074	22 cargo insurance; and
1075	1075	23 (C) a worker's compensation policy covering every
1076	1076	24 person operating a tow truck on behalf of the towing
1077	1077	25 service, if required under current law;
1078	1078	26 (5) possess a secure parking lot used for short-term
1079	1079
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084	SB2394 - 29 - LRB103 26377 MXP 52739 b
1085	1085
1086	1086
1087	1087	SB2394- 30 -LRB103 26377 MXP 52739 b SB2394 - 30 - LRB103 26377 MXP 52739 b
1088	1088	SB2394 - 30 - LRB103 26377 MXP 52739 b
1089	1089	1 vehicle storage after a vehicle is towed that is open
1090	1090	2 during business hours and is equipped with security
1091	1091	3 features as required by the law enforcement agency;
1092	1092	4 (6) utilize only vehicles that possess a valid vehicle
1093	1093	5 registration, display a valid Illinois license plate in
1094	1094	6 accordance with Section 5-202 of this Code, and comply
1095	1095	7 with the weight requirements of this Code;
1096	1096	8 (7) every person operating a towing or recovery
1097	1097	9 vehicle on behalf of the towing service must have
1098	1098	10 completed a Traffic Incident Management Training Program
1099	1099	11 approved by the Department of Transportation;
1100	1100	12 (8) hold a valid authority issued to it by the
1101	1101	13 Illinois Commerce Commission;
1102	1102	14 (9) comply with all other applicable federal, State,
1103	1103	15 and local laws; and
1104	1104	16 (10) comply with any additional requirements the
1105	1105	17 applicable law enforcement agency deems necessary.
1106	1106	18 The law enforcement agency may select which towing
1107	1107	19 services meeting the requirements of this subsection (b) shall
1108	1108	20 be included on a tow rotation list. The law enforcement agency
1109	1109	21 may choose to have only one towing service on its tow rotation
1110	1110	22 list. Complaints regarding the process for inclusion on a tow
1111	1111	23 rotation list or the use of a tow rotation list may be referred
1112	1112	24 in writing to the head of the law enforcement agency
1113	1113	25 administering that tow rotation list. The head of the law
1114	1114	26 enforcement agency shall make the final determination as to
1115	1115
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120	SB2394 - 30 - LRB103 26377 MXP 52739 b
1121	1121
1122	1122
1123	1123	SB2394- 31 -LRB103 26377 MXP 52739 b SB2394 - 31 - LRB103 26377 MXP 52739 b
1124	1124	SB2394 - 31 - LRB103 26377 MXP 52739 b
1125	1125	1 which qualified towing services shall be included on a tow
1126	1126	2 rotation list, and shall not be held liable for the exclusion
1127	1127	3 of any towing service from a tow rotation list.
1128	1128	4 (c) Whenever a law enforcement officer initiates a tow of
1129	1129	5 a vehicle, the officer shall contact his or her law
1130	1130	6 enforcement agency and inform the agency that a tow has been
1131	1131	7 authorized. The law enforcement agency shall then select a
1132	1132	8 towing service from the law enforcement agency's tow rotation
1133	1133	9 list corresponding to the geographical area where the tow was
1134	1134	10 authorized, and shall contact that towing service directly by
1135	1135	11 phone, computer, or similar means. Towing services shall be
1136	1136	12 contacted in the order listed on the appropriate tow rotation
1137	1137	13 list, at which point the towing service shall be placed at the
1138	1138	14 end of that tow rotation list. In the event a listed towing
1139	1139	15 service is not available, the next listed towing service on
1140	1140	16 that tow rotation list shall be contacted.
1141	1141	17 (d) A law enforcement agency may deviate from the order
1142	1142	18 listed on a tow rotation list if the towing service next on
1143	1143	19 that tow rotation list is, in the judgment of the authorizing
1144	1144	20 officer or the law enforcement agency making the selection,
1145	1145	21 incapable of or not properly equipped for handling a specific
1146	1146	22 task related to the tow that requires special skills or
1147	1147	23 equipment. A deviation from the order listed on the tow
1148	1148	24 rotation list for this reason shall not cause a loss of
1149	1149	25 rotation turn by the towing service determined to be incapable
1150	1150	26 or not properly equipped for handling the request.
1151	1151
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156	SB2394 - 31 - LRB103 26377 MXP 52739 b
1157	1157
1158	1158
1159	1159	SB2394- 32 -LRB103 26377 MXP 52739 b SB2394 - 32 - LRB103 26377 MXP 52739 b
1160	1160	SB2394 - 32 - LRB103 26377 MXP 52739 b
1161	1161	1 (e) In the event of an emergency a law enforcement officer
1162	1162	2 or agency, taking into account the safety and location of the
1163	1163	3 situation, may deviate from the order of the tow rotation list
1164	1164	4 and obtain towing service from any source deemed appropriate.
1165	1165	5 (f) If the owner or operator of a disabled vehicle is
1166	1166	6 present at the scene of the disabled vehicle, is not under
1167	1167	7 arrest, and does not abandon his or her vehicle, and in the law
1168	1168	8 enforcement officer's opinion the disabled vehicle is not
1169	1169	9 impeding or obstructing traffic, illegally parked, or posing a
1170	1170	10 security or safety risk, the law enforcement officer shall
1171	1171	11 allow the owner of the vehicle to specify a towing service to
1172	1172	12 relocate the disabled vehicle. If the owner chooses not to
1173	1173	13 specify a towing service, the law enforcement agency shall
1174	1174	14 select a towing service for the vehicle as provided in
1175	1175	15 subsection (c) of this Section.
1176	1176	16 (g) If a tow operator is present or arrives where a tow is
1177	1177	17 needed and it has not been requested by the law enforcement
1178	1178	18 agency or the owner or operator, the law enforcement officer,
1179	1179	19 unless acting under Section 11-1431 of this Code, shall advise
1180	1180	20 the tow operator to leave the scene.
1181	1181	21 (h) (Blank).
1182	1182	22 (Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23.)
1183	1183	23 (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
1184	1184	24 Sec. 4-204. Police tows; reports, release of vehicles,
1185	1185	25 payment. When a vehicle is authorized to be towed away as
1186	1186
1187	1187
1188	1188
1189	1189
1190	1190
1191	1191	SB2394 - 32 - LRB103 26377 MXP 52739 b
1192	1192
1193	1193
1194	1194	SB2394- 33 -LRB103 26377 MXP 52739 b SB2394 - 33 - LRB103 26377 MXP 52739 b
1195	1195	SB2394 - 33 - LRB103 26377 MXP 52739 b
1196	1196	1 provided in Section 4-202 or 4-203:
1197	1197	2 (a) The authorization, any hold order, and any release
1198	1198	3 shall be in writing, or confirmed in writing, with a copy
1199	1199	4 given to the towing service.
1200	1200	5 (b) The police headquarters or office of the law
1201	1201	6 officer authorizing the towing shall keep and maintain a
1202	1202	7 record of the vehicle towed, listing the color, year of
1203	1203	8 manufacture, manufacturer's trade name, manufacturer's
1204	1204	9 series name, body style, Vehicle Identification Number,
1205	1205	10 license plate or digital license plate year and number and
1206	1206	11 registration sticker or digital registration sticker year
1207	1207	12 and number displayed on the vehicle. The record shall also
1208	1208	13 include the date and hour of tow, location towed from,
1209	1209	14 location towed to, reason for towing, and the name of the
1210	1210	15 officer authorizing the tow, the towing service, Illinois
1211	1211	16 Commerce Commission number, and tow truck plate number..
1212	1212	17 (c) The owner, operator, or other legally entitled
1213	1213	18 person shall be responsible to the towing service for
1214	1214	19 payment of applicable removal, towing, storage, and
1215	1215	20 processing charges and collection costs associated with a
1216	1216	21 vehicle towed or held under order or authorization of a
1217	1217	22 law enforcement agency. If a vehicle towed or held under
1218	1218	23 order or authorization of a law enforcement agency is
1219	1219	24 seized by the ordering or authorizing agency or any other
1220	1220	25 law enforcement or governmental agency and sold, any
1221	1221	26 unpaid removal, towing, storage, and processing charges
1222	1222
1223	1223
1224	1224
1225	1225
1226	1226
1227	1227	SB2394 - 33 - LRB103 26377 MXP 52739 b
1228	1228
1229	1229
1230	1230	SB2394- 34 -LRB103 26377 MXP 52739 b SB2394 - 34 - LRB103 26377 MXP 52739 b
1231	1231	SB2394 - 34 - LRB103 26377 MXP 52739 b
1232	1232	1 and collection costs shall be paid to the towing service
1233	1233	2 from the proceeds of the sale. If applicable law provides
1234	1234	3 that the proceeds are to be paid into the treasury of the
1235	1235	4 appropriate civil jurisdiction, then any unpaid removal,
1236	1236	5 towing, storage, and processing charges and collection
1237	1237	6 costs shall be paid to the towing service from the
1238	1238	7 treasury of the civil jurisdiction. That payment shall
1239	1239	8 not, however, exceed the amount of proceeds from the sale,
1240	1240	9 with the balance to be paid by the owner, operator, or
1241	1241	10 other legally entitled person.
1242	1242	11 (d) Upon delivery of a written release order to the
1243	1243	12 towing service, a vehicle subject to a hold order shall be
1244	1244	13 released to the owner, operator, or other legally entitled
1245	1245	14 person upon proof of ownership or other entitlement and
1246	1246	15 upon payment of applicable removal, towing, storage, and
1247	1247	16 processing charges and collection costs.
1248	1248	17 (Source: P.A. 101-395, eff. 8-16-19.)
1249	1249	18 (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
1250	1250	19 Sec. 4-208. Disposal of unclaimed vehicles.
1251	1251	20 (a) In cities having a population of more than 500,000,
1252	1252	21 whenever an abandoned, lost, stolen or unclaimed vehicle, or
1253	1253	22 vehicle determined to be a hazardous dilapidated motor vehicle
1254	1254	23 pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
1255	1255	24 remains unclaimed by the registered owner, lienholder or other
1256	1256	25 legally entitled person for a period of 18 days after notice
1257	1257
1258	1258
1259	1259
1260	1260
1261	1261
1262	1262	SB2394 - 34 - LRB103 26377 MXP 52739 b
1263	1263
1264	1264
1265	1265	SB2394- 35 -LRB103 26377 MXP 52739 b SB2394 - 35 - LRB103 26377 MXP 52739 b
1266	1266	SB2394 - 35 - LRB103 26377 MXP 52739 b
1267	1267	1 has been given under Sections 4-205 and 4-206 of this Code, if
1268	1268	2 during that 18 days the possessor of the vehicle has sent an
1269	1269	3 additional notice by first class mail to the registered owner,
1270	1270	4 lienholder, or other legally entitled person, the vehicle
1271	1271	5 shall be disposed, pursuant to the provisions of the
1272	1272	6 "Municipal purchasing act for cities of 500,000 or more
1273	1273	7 population", to a person licensed as an automotive parts
1274	1274	8 recycler, rebuilder or scrap processor under Chapter 5 of this
1275	1275	9 Code. With respect to any vehicle that has been booted,
1276	1276	10 impounded, or both in accordance with subsection (c) of
1277	1277	11 Section 11-208.3, a city with a population over 500,000 may
1278	1278	12 establish a program whereby the registered owner, lienholder,
1279	1279	13 or other legally entitled person is entitled to any proceeds
1280	1280	14 from the disposition of the vehicle, less any reasonable
1281	1281	15 storage charges, administrative fees, booting fees, towing
1282	1282	16 fees, and parking and compliance fines and penalties.
1283	1283	17 (b) Except as provided in Section 4-208 for cities with
1284	1284	18 more than 500,000 inhabitants, when an abandoned, lost, stolen
1285	1285	19 or unclaimed vehicle 7 years of age or newer remains unclaimed
1286	1286	20 by the registered owner, lienholder or other legally entitled
1287	1287	21 persons for a period of 30 days after notice has been given as
1288	1288	22 provided in Sections 4-205 and 4-206 of this Code, the law
1289	1289	23 enforcement agency or towing service having possession of the
1290	1290	24 vehicle shall cause it to be sold at public auction to a person
1291	1291	25 licensed as an automotive parts recycler, rebuilder or scrap
1292	1292	26 processor under Chapter 5 of this Code or the towing operator
1293	1293
1294	1294
1295	1295
1296	1296
1297	1297
1298	1298	SB2394 - 35 - LRB103 26377 MXP 52739 b
1299	1299
1300	1300
1301	1301	SB2394- 36 -LRB103 26377 MXP 52739 b SB2394 - 36 - LRB103 26377 MXP 52739 b
1302	1302	SB2394 - 36 - LRB103 26377 MXP 52739 b
1303	1303	1 which towed the vehicle. Notice of the time and place of the
1304	1304	2 sale shall be posted in a conspicuous place for at least 10
1305	1305	3 days prior to the sale on the premises where the vehicle has
1306	1306	4 been impounded. At least 10 days prior to the sale, the law
1307	1307	5 enforcement agency where the vehicle is impounded, or the
1308	1308	6 towing service where the vehicle is impounded, shall cause a
1309	1309	7 notice of the time and place of the sale to be sent by
1310	1310	8 certified mail to the registered owner, lienholder, or other
1311	1311	9 legally entitled persons. Notice as provided in Sections 4-205
1312	1312	10 and 4-206 of this Code and as provided in this subsection (b)
1313	1313	11 shall state the time and place of sale and shall contain a
1314	1314	12 complete description of the vehicle to be sold and what steps
1315	1315	13 must be taken by any legally entitled person to reclaim the
1316	1316	14 vehicle.
1317	1317	15 (c) If an abandoned, lost, stolen, or unclaimed vehicle
1318	1318	16 displays dealer plates, notice under this Section and Section
1319	1319	17 4-209 of this Code shall be sent to both the dealer and the
1320	1320	18 registered owner, lienholder, or other legally entitled
1321	1321	19 persons.
1322	1322	20 (d) In those instances where the certified notification
1323	1323	21 specified in Sections 4-205 and 4-206 of this Code has been
1324	1324	22 returned by the postal authorities to the law enforcement
1325	1325	23 agency or towing service, the sending of a second certified
1326	1326	24 notice will not be required.
1327	1327	25 (Source: P.A. 94-650, eff. 1-1-06.)
1328	1328
1329	1329
1330	1330
1331	1331
1332	1332
1333	1333	SB2394 - 36 - LRB103 26377 MXP 52739 b
1334	1334
1335	1335
1336	1336	SB2394- 37 -LRB103 26377 MXP 52739 b SB2394 - 37 - LRB103 26377 MXP 52739 b
1337	1337	SB2394 - 37 - LRB103 26377 MXP 52739 b
1338	1338	1 (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
1339	1339	2 Sec. 4-209. Disposal of unclaimed vehicles more than 7
1340	1340	3 years of age; disposal of abandoned or unclaimed vehicles
1341	1341	4 without notice.
1342	1342	5 (a) When the identity of the registered owner, lienholder,
1343	1343	6 or other legally entitled persons of an abandoned, lost, or
1344	1344	7 unclaimed vehicle of 7 years of age or newer cannot be
1345	1345	8 determined by any means provided for in this Chapter, the
1346	1346	9 vehicle may be sold as provided in Section 4-208 without
1347	1347	10 notice to any person whose identity cannot be determined.
1348	1348	11 (b) When an abandoned vehicle of more than 7 years of age
1349	1349	12 is impounded as specified by this Chapter, or when any such
1350	1350	13 vehicle is towed at the request or with the consent of the
1351	1351	14 owner or operator and is subsequently abandoned, it will be
1352	1352	15 kept in custody or storage for a minimum of 10 days for the
1353	1353	16 purpose of determining the identity of the registered owner,
1354	1354	17 lienholder, or other legally entitled persons and contacting
1355	1355	18 the registered owner, lienholder, or other legally entitled
1356	1356	19 persons by the U. S. Mail, public service or in person for a
1357	1357	20 determination of disposition; and, an examination of the
1358	1358	21 Illinois State Police stolen vehicle files for theft and
1359	1359	22 wanted information. At the expiration of the 10 day period,
1360	1360	23 without the benefit of disposition information being received
1361	1361	24 from the registered owner, lienholder, or other legally
1362	1362	25 entitled persons, the vehicle may be disposed of in either of
1363	1363	26 the following ways:
1364	1364
1365	1365
1366	1366
1367	1367
1368	1368
1369	1369	SB2394 - 37 - LRB103 26377 MXP 52739 b
1370	1370
1371	1371
1372	1372	SB2394- 38 -LRB103 26377 MXP 52739 b SB2394 - 38 - LRB103 26377 MXP 52739 b
1373	1373	SB2394 - 38 - LRB103 26377 MXP 52739 b
1374	1374	1 (1) The law enforcement agency having jurisdiction
1375	1375	2 will authorize the disposal of the vehicle as junk or
1376	1376	3 salvage.
1377	1377	4 (2) The towing service may sell the vehicle in the
1378	1378	5 manner provided in Section 4-208 of this Code, provided
1379	1379	6 that this paragraph (2) shall not apply to vehicles towed
1380	1380	7 by order or authorization of a law enforcement agency.
1381	1381	8 (c) A vehicle classified as an antique vehicle,
1382	1382	9 expanded-use antique vehicle, custom vehicle, or street rod
1383	1383	10 may however be sold to a person desiring to restore it.
1384	1384	11 (Source: P.A. 102-538, eff. 8-20-21.)
1385	1385	12 (625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
1386	1386	13 Sec. 4-214. Violations of Section 4-201.
1387	1387	14 (a) Any person who violates Section 4-201 of this Code or
1388	1388	15 who aids and abets in that violation:
1389	1389	16 (1) shall be subject to a mandatory fine of $200 and
1390	1390	17 shall surrender the person's Illinois Commission Commerce
1391	1391	18 license and tow truck plates for one year; and
1392	1392	19 (2) shall be required by the court to make a
1393	1393	20 disposition on the abandoned or unclaimed vehicle and pay
1394	1394	21 all towing, storage, and processing charges and collection
1395	1395	22 costs pursuant to Section 4-203, subsections (a) and (e).
1396	1396	23 (b) When a vehicle is abandoned, it shall be presumed that
1397	1397	24 the last registered owner is responsible for the abandonment
1398	1398	25 and shall be liable for all towing, storage, and processing
1399	1399
1400	1400
1401	1401
1402	1402
1403	1403
1404	1404	SB2394 - 38 - LRB103 26377 MXP 52739 b
1405	1405
1406	1406
1407	1407	SB2394- 39 -LRB103 26377 MXP 52739 b SB2394 - 39 - LRB103 26377 MXP 52739 b
1408	1408	SB2394 - 39 - LRB103 26377 MXP 52739 b
1409	1409	1 charges and collection costs, less any amounts realized in the
1410	1410	2 disposal of the vehicle. The last registered owner's liability
1411	1411	3 for storage fees may not exceed a maximum of 30 days' storage
1412	1412	4 fees.
1413	1413	5 The presumption established under this subsection may be
1414	1414	6 rebutted by a showing that, prior to the time of the tow:
1415	1415	7 (1) a report of vehicle theft was filed with respect
1416	1416	8 to the vehicle; or
1417	1417	9 (2) the vehicle was sold or transferred and the last
1418	1418	10 registered owner provides the towing service with the
1419	1419	11 correct identity and address of the new owner at the time
1420	1420	12 of the sale or transfer.
1421	1421	13 If the presumption established under this subsection is
1422	1422	14 rebutted, the person responsible for theft of the vehicle or
1423	1423	15 to whom the vehicle was sold or transferred is liable for all
1424	1424	16 towing, storage, and processing charges and collection costs.
1425	1425	17 (Source: P.A. 89-433, eff. 12-15-95.)
1426	1426	18 Section 95. No acceleration or delay. Where this Act makes
1427	1427	19 changes in a statute that is represented in this Act by text
1428	1428	20 that is not yet or no longer in effect (for example, a Section
1429	1429	21 represented by multiple versions), the use of that text does
1430	1430	22 not accelerate or delay the taking effect of (i) the changes
1431	1431	23 made by this Act or (ii) provisions derived from any other
1432	1432	24 Public Act.
1433	1433	25 Section 99. Effective date. This Act takes effect upon
1434	1434
1435	1435
1436	1436
1437	1437
1438	1438
1439	1439	SB2394 - 39 - LRB103 26377 MXP 52739 b
1440	1440
1441	1441
1442	1442	SB2394- 40 -LRB103 26377 MXP 52739 b SB2394 - 40 - LRB103 26377 MXP 52739 b
1443	1443	SB2394 - 40 - LRB103 26377 MXP 52739 b
1444	1444	1 becoming law.
1445	1445
1446	1446
1447	1447
1448	1448
1449	1449
1450	1450	SB2394 - 40 - LRB103 26377 MXP 52739 b