Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2652 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 SB2652 Introduced 1/10/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 Amends the Illinois Vehicle Code. Allows a motor vehicle to be towed and impounded for a period of 48-hours if the driver operating the motor vehicle is arrested for reckless driving. Requires an impounding agency to release a motor vehicle regardless of the 48-hour holding period when specified conditions are met. LRB103 35347 MXP 65411 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2652 Introduced 1/10/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 Amends the Illinois Vehicle Code. Allows a motor vehicle to be towed and impounded for a period of 48-hours if the driver operating the motor vehicle is arrested for reckless driving. Requires an impounding agency to release a motor vehicle regardless of the 48-hour holding period when specified conditions are met. LRB103 35347 MXP 65411 b LRB103 35347 MXP 65411 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2652 Introduced 1/10/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
4	4	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
5	5	Amends the Illinois Vehicle Code. Allows a motor vehicle to be towed and impounded for a period of 48-hours if the driver operating the motor vehicle is arrested for reckless driving. Requires an impounding agency to release a motor vehicle regardless of the 48-hour holding period when specified conditions are met.
6	6	LRB103 35347 MXP 65411 b LRB103 35347 MXP 65411 b
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8	8	A BILL FOR
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11	11	1 AN ACT concerning transportation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Vehicle Code is amended by
15	15	5 changing Section 4-203 as follows:
16	16	6 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
17	17	7 Sec. 4-203. Removal of motor vehicles or other vehicles;
18	18	8 towing or hauling away.
19	19	9 (a) When a vehicle is abandoned, or left unattended, on a
20	20	10 toll highway, interstate highway, or expressway for 2 hours or
21	21	11 more, its removal by a towing service may be authorized by a
22	22	12 law enforcement agency having jurisdiction.
23	23	13 (b) When a vehicle is abandoned on a highway in an urban
24	24	14 district for 10 hours or more, its removal by a towing service
25	25	15 may be authorized by a law enforcement agency having
26	26	16 jurisdiction.
27	27	17 (c) When a vehicle is abandoned or left unattended on a
28	28	18 highway other than a toll highway, interstate highway, or
29	29	19 expressway, outside of an urban district for 24 hours or more,
30	30	20 its removal by a towing service may be authorized by a law
31	31	21 enforcement agency having jurisdiction.
32	32	22 (d) When an abandoned, unattended, wrecked, burned, or
33	33	23 partially dismantled vehicle is creating a traffic hazard
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2652 Introduced 1/10/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
38	38	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203 625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
39	39	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
40	40	Amends the Illinois Vehicle Code. Allows a motor vehicle to be towed and impounded for a period of 48-hours if the driver operating the motor vehicle is arrested for reckless driving. Requires an impounding agency to release a motor vehicle regardless of the 48-hour holding period when specified conditions are met.
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43	43	A BILL FOR
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49	49	625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
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68	68	1 because of its position in relation to the highway or its
69	69	2 physical appearance is causing the impeding of traffic, its
70	70	3 immediate removal from the highway or private property
71	71	4 adjacent to the highway by a towing service may be authorized
72	72	5 by a law enforcement agency having jurisdiction.
73	73	6 (e) Whenever a peace officer reasonably believes that a
74	74	7 person under arrest for a violation of Section 11-501 of this
75	75	8 Code or a similar provision of a local ordinance is likely,
76	76	9 upon release, to commit a subsequent violation of Section
77	77	10 11-501, or a similar provision of a local ordinance, the
78	78	11 arresting officer shall have the vehicle which the person was
79	79	12 operating at the time of the arrest impounded for a period of
80	80	13 12 hours after the time of arrest. However, such vehicle may be
81	81	14 released by the arresting law enforcement agency prior to the
82	82	15 end of the impoundment period if:
83	83	16 (1) the vehicle was not owned by the person under
84	84	17 arrest, and the lawful owner requesting such release
85	85	18 possesses a valid operator's license, proof of ownership,
86	86	19 and would not, as determined by the arresting law
87	87	20 enforcement agency, indicate a lack of ability to operate
88	88	21 a motor vehicle in a safe manner, or who would otherwise,
89	89	22 by operating such motor vehicle, be in violation of this
90	90	23 Code; or
91	91	24 (2) the vehicle is owned by the person under arrest,
92	92	25 and the person under arrest gives permission to another
93	93	26 person to operate such vehicle, provided however, that the
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104	104	1 other person possesses a valid operator's license and
105	105	2 would not, as determined by the arresting law enforcement
106	106	3 agency, indicate a lack of ability to operate a motor
107	107	4 vehicle in a safe manner or who would otherwise, by
108	108	5 operating such motor vehicle, be in violation of this
109	109	6 Code.
110	110	7 (e-5) Whenever a registered owner of a vehicle is taken
111	111	8 into custody for operating the vehicle in violation of Section
112	112	9 11-501 of this Code or a similar provision of a local ordinance
113	113	10 or Section 6-303 of this Code, a law enforcement officer may
114	114	11 have the vehicle immediately impounded for a period not less
115	115	12 than:
116	116	13 (1) 24 hours for a second violation of Section 11-501
117	117	14 of this Code or a similar provision of a local ordinance or
118	118	15 Section 6-303 of this Code or a combination of these
119	119	16 offenses; or
120	120	17 (2) 48 hours for a third violation of Section 11-501
121	121	18 of this Code or a similar provision of a local ordinance or
122	122	19 Section 6-303 of this Code or a combination of these
123	123	20 offenses.
124	124	21 The vehicle may be released sooner if the vehicle is owned
125	125	22 by the person under arrest and the person under arrest gives
126	126	23 permission to another person to operate the vehicle and that
127	127	24 other person possesses a valid operator's license and would
128	128	25 not, as determined by the arresting law enforcement agency,
129	129	26 indicate a lack of ability to operate a motor vehicle in a safe
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140	140	1 manner or would otherwise, by operating the motor vehicle, be
141	141	2 in violation of this Code.
142	142	3 (f) Except as provided in Chapter 18a of this Code, the
143	143	4 owner or lessor of privately owned real property within this
144	144	5 State, or any person authorized by such owner or lessor, or any
145	145	6 law enforcement agency in the case of publicly owned real
146	146	7 property may cause any motor vehicle abandoned or left
147	147	8 unattended upon such property without permission to be removed
148	148	9 by a towing service without liability for the costs of
149	149	10 removal, transportation or storage or damage caused by such
150	150	11 removal, transportation or storage. The towing or removal of
151	151	12 any vehicle from private property without the consent of the
152	152	13 registered owner or other legally authorized person in control
153	153	14 of the vehicle is subject to compliance with the following
154	154	15 conditions and restrictions:
155	155	16 1. Any towed or removed vehicle must be stored at the
156	156	17 site of the towing service's place of business. The site
157	157	18 must be open during business hours, and for the purpose of
158	158	19 redemption of vehicles, during the time that the person or
159	159	20 firm towing such vehicle is open for towing purposes.
160	160	21 2. The towing service shall within 30 minutes of
161	161	22 completion of such towing or removal, notify the law
162	162	23 enforcement agency having jurisdiction of such towing or
163	163	24 removal, and the make, model, color, and license plate
164	164	25 number of the vehicle, and shall obtain and record the
165	165	26 name of the person at the law enforcement agency to whom
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176	176	1 such information was reported.
177	177	2 3. If the registered owner or legally authorized
178	178	3 person entitled to possession of the vehicle shall arrive
179	179	4 at the scene prior to actual removal or towing of the
180	180	5 vehicle, the vehicle shall be disconnected from the tow
181	181	6 truck and that person shall be allowed to remove the
182	182	7 vehicle without interference, upon the payment of a
183	183	8 reasonable service fee of not more than one-half the
184	184	9 posted rate of the towing service as provided in paragraph
185	185	10 6 of this subsection, for which a receipt shall be given.
186	186	11 4. The rebate or payment of money or any other
187	187	12 valuable consideration from the towing service or its
188	188	13 owners, managers, or employees to the owners or operators
189	189	14 of the premises from which the vehicles are towed or
190	190	15 removed, for the privilege of removing or towing those
191	191	16 vehicles, is prohibited. Any individual who violates this
192	192	17 paragraph shall be guilty of a Class A misdemeanor.
193	193	18 5. Except for property appurtenant to and obviously a
194	194	19 part of a single family residence, and except for
195	195	20 instances where notice is personally given to the owner or
196	196	21 other legally authorized person in control of the vehicle
197	197	22 that the area in which that vehicle is parked is reserved
198	198	23 or otherwise unavailable to unauthorized vehicles and they
199	199	24 are subject to being removed at the owner or operator's
200	200	25 expense, any property owner or lessor, prior to towing or
201	201	26 removing any vehicle from private property without the
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212	212	1 consent of the owner or other legally authorized person in
213	213	2 control of that vehicle, must post a notice meeting the
214	214	3 following requirements:
215	215	4 a. Except as otherwise provided in subparagraph
216	216	5 a.1 of this subdivision (f)5, the notice must be
217	217	6 prominently placed at each driveway access or curb cut
218	218	7 allowing vehicular access to the property within 5
219	219	8 feet from the public right-of-way line. If there are
220	220	9 no curbs or access barriers, the sign must be posted
221	221	10 not less than one sign each 100 feet of lot frontage.
222	222	11 a.1. In a municipality with a population of less
223	223	12 than 250,000, as an alternative to the requirement of
224	224	13 subparagraph a of this subdivision (f)5, the notice
225	225	14 for a parking lot contained within property used
226	226	15 solely for a 2-family, 3-family, or 4-family residence
227	227	16 may be prominently placed at the perimeter of the
228	228	17 parking lot, in a position where the notice is visible
229	229	18 to the occupants of vehicles entering the lot.
230	230	19 b. The notice must indicate clearly, in not less
231	231	20 than 2 inch high light-reflective letters on a
232	232	21 contrasting background, that unauthorized vehicles
233	233	22 will be towed away at the owner's expense.
234	234	23 c. The notice must also provide the name and
235	235	24 current telephone number of the towing service towing
236	236	25 or removing the vehicle.
237	237	26 d. The sign structure containing the required
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248	248	1 notices must be permanently installed with the bottom
249	249	2 of the sign not less than 4 feet above ground level,
250	250	3 and must be continuously maintained on the property
251	251	4 for not less than 24 hours prior to the towing or
252	252	5 removing of any vehicle.
253	253	6 6. Any towing service that tows or removes vehicles
254	254	7 and proposes to require the owner, operator, or person in
255	255	8 control of the vehicle to pay the costs of towing and
256	256	9 storage prior to redemption of the vehicle must file and
257	257	10 keep on record with the local law enforcement agency a
258	258	11 complete copy of the current rates to be charged for such
259	259	12 services, and post at the storage site an identical rate
260	260	13 schedule and any written contracts with property owners,
261	261	14 lessors, or persons in control of property which authorize
262	262	15 them to remove vehicles as provided in this Section. The
263	263	16 towing and storage charges, however, shall not exceed the
264	264	17 maximum allowed by the Illinois Commerce Commission under
265	265	18 Section 18a-200.
266	266	19 7. No person shall engage in the removal of vehicles
267	267	20 from private property as described in this Section without
268	268	21 filing a notice of intent in each community where he
269	269	22 intends to do such removal, and such notice shall be filed
270	270	23 at least 7 days before commencing such towing.
271	271	24 8. No removal of a vehicle from private property shall
272	272	25 be done except upon express written instructions of the
273	273	26 owners or persons in charge of the private property upon
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284	284	1 which the vehicle is said to be trespassing.
285	285	2 9. Vehicle entry for the purpose of removal shall be
286	286	3 allowed with reasonable care on the part of the person or
287	287	4 firm towing the vehicle. Such person or firm shall be
288	288	5 liable for any damages occasioned to the vehicle if such
289	289	6 entry is not in accordance with the standards of
290	290	7 reasonable care.
291	291	8 9.5. Except as authorized by a law enforcement
292	292	9 officer, no towing service shall engage in the removal of
293	293	10 a commercial motor vehicle that requires a commercial
294	294	11 driver's license to operate by operating the vehicle under
295	295	12 its own power on a highway.
296	296	13 10. When a vehicle has been towed or removed pursuant
297	297	14 to this Section, it must be released to its owner,
298	298	15 custodian, agent, or lienholder within one-half hour after
299	299	16 requested, if such request is made during business hours.
300	300	17 Any vehicle owner, custodian, agent, or lienholder shall
301	301	18 have the right to inspect the vehicle before accepting its
302	302	19 return, and no release or waiver of any kind which would
303	303	20 release the towing service from liability for damages
304	304	21 incurred during the towing and storage may be required
305	305	22 from any vehicle owner or other legally authorized person
306	306	23 as a condition of release of the vehicle. A detailed,
307	307	24 signed receipt showing the legal name of the towing
308	308	25 service must be given to the person paying towing or
309	309	26 storage charges at the time of payment, whether requested
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320	320	1 or not.
321	321	2 This Section shall not apply to law enforcement,
322	322	3 firefighting, rescue, ambulance, or other emergency
323	323	4 vehicles which are marked as such or to property owned by
324	324	5 any governmental entity.
325	325	6 When an authorized person improperly causes a motor
326	326	7 vehicle to be removed, such person shall be liable to the
327	327	8 owner or lessee of the vehicle for the cost of removal,
328	328	9 transportation and storage, any damages resulting from the
329	329	10 removal, transportation and storage, attorney's fee and
330	330	11 court costs.
331	331	12 Any towing or storage charges accrued shall be payable
332	332	13 in cash or by cashier's check, certified check, debit
333	333	14 card, credit card, or wire transfer, at the option of the
334	334	15 party taking possession of the vehicle.
335	335	16 11. Towing companies shall also provide insurance
336	336	17 coverage for areas where vehicles towed under the
337	337	18 provisions of this Chapter will be impounded or otherwise
338	338	19 stored, and shall adequately cover loss by fire, theft, or
339	339	20 other risks.
340	340	21 Any person who fails to comply with the conditions and
341	341	22 restrictions of this subsection shall be guilty of a Class C
342	342	23 misdemeanor and shall be fined not less than $100 nor more than
343	343	24 $500.
344	344	25 (g)(1) When a vehicle is determined to be a hazardous
345	345	26 dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
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356	356	1 Illinois Municipal Code or Section 5-12002.1 of the Counties
357	357	2 Code, its removal and impoundment by a towing service may be
358	358	3 authorized by a law enforcement agency with appropriate
359	359	4 jurisdiction.
360	360	5 (2) When a vehicle removal from either public or private
361	361	6 property is authorized by a law enforcement agency, the owner
362	362	7 of the vehicle shall be responsible for all towing and storage
363	363	8 charges.
364	364	9 (3) Vehicles removed from public or private property and
365	365	10 stored by a commercial vehicle relocator or any other towing
366	366	11 service authorized by a law enforcement agency in compliance
367	367	12 with this Section and Sections 4-201 and 4-202 of this Code, or
368	368	13 at the request of the vehicle owner or operator, shall be
369	369	14 subject to a possessor lien for services pursuant to the Labor
370	370	15 and Storage Lien (Small Amount) Act. The provisions of Section
371	371	16 1 of that Act relating to notice and implied consent shall be
372	372	17 deemed satisfied by compliance with Section 18a-302 and
373	373	18 subsection (6) of Section 18a-300. In no event shall such lien
374	374	19 be greater than the rate or rates established in accordance
375	375	20 with subsection (6) of Section 18a-200 of this Code. In no
376	376	21 event shall such lien be increased or altered to reflect any
377	377	22 charge for services or materials rendered in addition to those
378	378	23 authorized by this Code. Every such lien shall be payable in
379	379	24 cash or by cashier's check, certified check, debit card,
380	380	25 credit card, or wire transfer, at the option of the party
381	381	26 taking possession of the vehicle.
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392	392	1 (4) Any personal property belonging to the vehicle owner
393	393	2 in a vehicle subject to a lien under this subsection (g) shall
394	394	3 likewise be subject to that lien, excepting only: child
395	395	4 restraint systems as defined in Section 4 of the Child
396	396	5 Passenger Protection Act and other child booster seats;
397	397	6 eyeglasses; food; medicine; perishable property; any
398	398	7 operator's licenses; any cash, credit cards, or checks or
399	399	8 checkbooks; any wallet, purse, or other property containing
400	400	9 any operator's license or other identifying documents or
401	401	10 materials, cash, credit cards, checks, or checkbooks; and any
402	402	11 personal property belonging to a person other than the vehicle
403	403	12 owner if that person provides adequate proof that the personal
404	404	13 property belongs to that person. The spouse, child, mother,
405	405	14 father, brother, or sister of the vehicle owner may claim
406	406	15 personal property excepted under this paragraph (4) if the
407	407	16 person claiming the personal property provides the commercial
408	408	17 vehicle relocator or towing service with the authorization of
409	409	18 the vehicle owner.
410	410	19 (5) This paragraph (5) applies only in the case of a
411	411	20 vehicle that is towed as a result of being involved in a crash.
412	412	21 In addition to the personal property excepted under paragraph
413	413	22 (4), all other personal property in a vehicle subject to a lien
414	414	23 under this subsection (g) is exempt from that lien and may be
415	415	24 claimed by the vehicle owner if the vehicle owner provides the
416	416	25 commercial vehicle relocator or towing service with proof that
417	417	26 the vehicle owner has an insurance policy covering towing and
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428	428	1 storage fees. The spouse, child, mother, father, brother, or
429	429	2 sister of the vehicle owner may claim personal property in a
430	430	3 vehicle subject to a lien under this subsection (g) if the
431	431	4 person claiming the personal property provides the commercial
432	432	5 vehicle relocator or towing service with the authorization of
433	433	6 the vehicle owner and proof that the vehicle owner has an
434	434	7 insurance policy covering towing and storage fees. The
435	435	8 regulation of liens on personal property and exceptions to
436	436	9 those liens in the case of vehicles towed as a result of being
437	437	10 involved in a crash are exclusive powers and functions of the
438	438	11 State. A home rule unit may not regulate liens on personal
439	439	12 property and exceptions to those liens in the case of vehicles
440	440	13 towed as a result of being involved in a crash. This paragraph
441	441	14 (5) is a denial and limitation of home rule powers and
442	442	15 functions under subsection (h) of Section 6 of Article VII of
443	443	16 the Illinois Constitution.
444	444	17 (6) No lien under this subsection (g) shall: exceed $2,000
445	445	18 in its total amount; or be increased or altered to reflect any
446	446	19 charge for services or materials rendered in addition to those
447	447	20 authorized by this Code.
448	448	21 (h) Whenever a peace officer issues a citation to a driver
449	449	22 for a violation of subsection (a) of Section 11-506 of this
450	450	23 Code, the arresting officer may have the vehicle which the
451	451	24 person was operating at the time of the arrest impounded for a
452	452	25 period of 5 days after the time of arrest. An impounding agency
453	453	26 shall release a motor vehicle impounded under this subsection
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464	464	1 (h) to the registered owner of the vehicle under any of the
465	465	2 following circumstances:
466	466	3 (1) if the vehicle is a stolen vehicle; or
467	467	4 (2) if the person ticketed for a violation of
468	468	5 subsection (a) of Section 11-506 of this Code was not
469	469	6 authorized by the registered owner of the vehicle to
470	470	7 operate the vehicle at the time of the violation; or
471	471	8 (3) if the registered owner of the vehicle was neither
472	472	9 the driver nor a passenger in the vehicle at the time of
473	473	10 the violation or was unaware that the driver was using the
474	474	11 vehicle to engage in street racing; or
475	475	12 (4) if the legal owner or registered owner of the
476	476	13 vehicle is a rental car agency; or
477	477	14 (5) if, prior to the expiration of the impoundment
478	478	15 period specified above, the citation is dismissed or the
479	479	16 defendant is found not guilty of the offense.
480	480	17 (i) Except for vehicles exempted under subsection (b) of
481	481	18 Section 7-601 of this Code, whenever a law enforcement officer
482	482	19 issues a citation to a driver for a violation of Section 3-707
483	483	20 of this Code, and the driver has a prior conviction for a
484	484	21 violation of Section 3-707 of this Code in the past 12 months,
485	485	22 the arresting officer shall authorize the removal and
486	486	23 impoundment of the vehicle by a towing service.
487	487	24 (j) Whenever a peace officer issues a citation to a driver
488	488	25 for a violation of subsection (a) of Section 11-503 of this
489	489	26 Code, the arresting officer may have the vehicle which the
490	490
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495	495	SB2652 - 13 - LRB103 35347 MXP 65411 b
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498	498	SB2652- 14 -LRB103 35347 MXP 65411 b SB2652 - 14 - LRB103 35347 MXP 65411 b
499	499	SB2652 - 14 - LRB103 35347 MXP 65411 b
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505	505	SB2652 - 14 - LRB103 35347 MXP 65411 b