Bill Text: IL SB2185 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Redefines "detoxification" as the process of allowing an individual to safely withdraw or sober from a drug or alcohol in a controlled environment, including a treatment or law enforcement facility (rather than the process of allowing an individual to safely withdraw from a drug in a controlled environment). Provides that if an individual under the age of 21 is arrested while under the influence of alcohol or drugs, the police officer on duty has a reasonable suspicion that the individual is still under the influence while at the police station, and there are signs that the individual is impaired, then the officer must make a reasonable attempt to contact a responsible adult who is willing to take custody of the intoxicated individual. Provides that if a responsible adult is not available or is unwilling to take custody of the individual, the individual shall be offered the opportunity to take a breathalyzer or chemical test to prove that he or she is sober; and that if the individual opts for one of the tests, the results of the test shall not be used in any criminal or civil prosecution against the individual. Exempts a police officer from civil or criminal liability for acting in good faith and without negligence in connection with certain actions, including the detention or discharge or the taking into protective custody of an individual under the Act. Provides that the amendatory Act may be referred to as Conor's Law.

Spectrum: Slight Partisan Bill (Republican 18-6)

Status: (Enrolled) 2017-06-29 - Added Alternate Co-Sponsor Rep. Tony McCombie [SB2185 Detail]

Download: Illinois-2017-SB2185-Enrolled.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be referred to as Conor's Law.
5 Section 5. The Department of State Police Law of the Civil
6Administrative Code of Illinois is amended by adding Section
72605-54 as follows:
8 (20 ILCS 2605/2605-54 new)
9 Sec. 2605-54. Training policy; persons arrested while
10under the influence of alcohol or drugs. The Department shall
11adopt a policy and provide training to State Police officers
12concerning response and care for persons under the influence of
13alcohol or drugs. The policy shall be consistent with the
14Alcoholism and Other Drug Abuse and Dependency Act and shall
15provide guidance for the arrest of persons under the influence
16of alcohol or drugs, proper medical attention if warranted, and
17care and release of those persons from custody. The policy
18shall provide guidance concerning the release of persons
19arrested under the influence of alcohol or drugs who are under
20the age of 21 years of age which shall include, but not be
21limited to, language requiring the arresting officer to make a
22reasonable attempt to contact a responsible adult who is

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1willing to take custody of the person who is under the
2influence of alcohol or drugs.
3 Section 10. The Illinois Police Training Act is amended by
4adding Section 10.17-5 as follows:
5 (50 ILCS 705/10.17-5 new)
6 Sec. 10.17-5. Training policy; persons arrested while
7under the influence of alcohol or drugs. The Board shall create
8a model policy to train law enforcement officers to respond to
9a person arrested who is under the influence of alcohol or
10drugs and the eventual release of that person from custody. The
11Board shall create a separate model policy for the release of
12persons arrested under the influence of alcohol or drugs who
13are under the age of 21 years of age. This policy shall
14include, but not be limited to, language requiring the
15arresting officer to make a reasonable attempt to contact a
16responsible adult who is willing to take custody of the person
17who is under the influence of alcohol or drugs.
18 Section 15. The Illinois Vehicle Code is amended by
19changing Section 4-203 as follows:
20 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
21 Sec. 4-203. Removal of motor vehicles or other vehicles;
22towing or hauling away.

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1 (a) When a vehicle is abandoned, or left unattended, on a
2toll highway, interstate highway, or expressway for 2 hours or
3more, its removal by a towing service may be authorized by a
4law enforcement agency having jurisdiction.
5 (b) When a vehicle is abandoned on a highway in an urban
6district 10 hours or more, its removal by a towing service may
7be authorized by a law enforcement agency having jurisdiction.
8 (c) When a vehicle is abandoned or left unattended on a
9highway other than a toll highway, interstate highway, or
10expressway, outside of an urban district for 24 hours or more,
11its removal by a towing service may be authorized by a law
12enforcement agency having jurisdiction.
13 (d) When an abandoned, unattended, wrecked, burned or
14partially dismantled vehicle is creating a traffic hazard
15because of its position in relation to the highway or its
16physical appearance is causing the impeding of traffic, its
17immediate removal from the highway or private property adjacent
18to the highway by a towing service may be authorized by a law
19enforcement agency having jurisdiction.
20 (e) Whenever a peace officer reasonably believes that a
21person under arrest for a violation of Section 11-501 of this
22Code or a similar provision of a local ordinance is likely,
23upon release, to commit a subsequent violation of Section
2411-501, or a similar provision of a local ordinance, the
25arresting officer shall have the vehicle which the person was
26operating at the time of the arrest impounded for a period of

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1not more than 12 hours after the time of arrest. However, such
2vehicle may be released by the arresting law enforcement agency
3prior to the end of the impoundment period if:
4 (1) the vehicle was not owned by the person under
5 arrest, and the lawful owner requesting such release
6 possesses a valid operator's license, proof of ownership,
7 and would not, as determined by the arresting law
8 enforcement agency, indicate a lack of ability to operate a
9 motor vehicle in a safe manner, or who would otherwise, by
10 operating such motor vehicle, be in violation of this Code;
11 or
12 (2) the vehicle is owned by the person under arrest,
13 and the person under arrest gives permission to another
14 person to operate such vehicle, provided however, that the
15 other person possesses a valid operator's license and would
16 not, as determined by the arresting law enforcement agency,
17 indicate a lack of ability to operate a motor vehicle in a
18 safe manner or who would otherwise, by operating such motor
19 vehicle, be in violation of this Code.
20 (e-5) Whenever a registered owner of a vehicle is taken
21into custody for operating the vehicle in violation of Section
2211-501 of this Code or a similar provision of a local ordinance
23or Section 6-303 of this Code, a law enforcement officer may
24have the vehicle immediately impounded for a period not less
25than:
26 (1) 24 hours for a second violation of Section 11-501

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1 of this Code or a similar provision of a local ordinance or
2 Section 6-303 of this Code or a combination of these
3 offenses; or
4 (2) 48 hours for a third violation of Section 11-501 of
5 this Code or a similar provision of a local ordinance or
6 Section 6-303 of this Code or a combination of these
7 offenses.
8 The vehicle may be released sooner if the vehicle is owned
9by the person under arrest and the person under arrest gives
10permission to another person to operate the vehicle and that
11other person possesses a valid operator's license and would
12not, as determined by the arresting law enforcement agency,
13indicate a lack of ability to operate a motor vehicle in a safe
14manner or would otherwise, by operating the motor vehicle, be
15in violation of this Code.
16 (f) Except as provided in Chapter 18a of this Code, the
17owner or lessor of privately owned real property within this
18State, or any person authorized by such owner or lessor, or any
19law enforcement agency in the case of publicly owned real
20property may cause any motor vehicle abandoned or left
21unattended upon such property without permission to be removed
22by a towing service without liability for the costs of removal,
23transportation or storage or damage caused by such removal,
24transportation or storage. The towing or removal of any vehicle
25from private property without the consent of the registered
26owner or other legally authorized person in control of the

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1vehicle is subject to compliance with the following conditions
2and restrictions:
3 1. Any towed or removed vehicle must be stored at the
4 site of the towing service's place of business. The site
5 must be open during business hours, and for the purpose of
6 redemption of vehicles, during the time that the person or
7 firm towing such vehicle is open for towing purposes.
8 2. The towing service shall within 30 minutes of
9 completion of such towing or removal, notify the law
10 enforcement agency having jurisdiction of such towing or
11 removal, and the make, model, color and license plate
12 number of the vehicle, and shall obtain and record the name
13 of the person at the law enforcement agency to whom such
14 information was reported.
15 3. If the registered owner or legally authorized person
16 entitled to possession of the vehicle shall arrive at the
17 scene prior to actual removal or towing of the vehicle, the
18 vehicle shall be disconnected from the tow truck and that
19 person shall be allowed to remove the vehicle without
20 interference, upon the payment of a reasonable service fee
21 of not more than one half the posted rate of the towing
22 service as provided in paragraph 6 of this subsection, for
23 which a receipt shall be given.
24 4. The rebate or payment of money or any other valuable
25 consideration from the towing service or its owners,
26 managers or employees to the owners or operators of the

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1 premises from which the vehicles are towed or removed, for
2 the privilege of removing or towing those vehicles, is
3 prohibited. Any individual who violates this paragraph
4 shall be guilty of a Class A misdemeanor.
5 5. Except for property appurtenant to and obviously a
6 part of a single family residence, and except for instances
7 where notice is personally given to the owner or other
8 legally authorized person in control of the vehicle that
9 the area in which that vehicle is parked is reserved or
10 otherwise unavailable to unauthorized vehicles and they
11 are subject to being removed at the owner or operator's
12 expense, any property owner or lessor, prior to towing or
13 removing any vehicle from private property without the
14 consent of the owner or other legally authorized person in
15 control of that vehicle, must post a notice meeting the
16 following requirements:
17 a. Except as otherwise provided in subparagraph
18 a.1 of this subdivision (f)5, the notice must be
19 prominently placed at each driveway access or curb cut
20 allowing vehicular access to the property within 5 feet
21 from the public right-of-way line. If there are no
22 curbs or access barriers, the sign must be posted not
23 less than one sign each 100 feet of lot frontage.
24 a.1. In a municipality with a population of less
25 than 250,000, as an alternative to the requirement of
26 subparagraph a of this subdivision (f)5, the notice for

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1 a parking lot contained within property used solely for
2 a 2-family, 3-family, or 4-family residence may be
3 prominently placed at the perimeter of the parking lot,
4 in a position where the notice is visible to the
5 occupants of vehicles entering the lot.
6 b. The notice must indicate clearly, in not less
7 than 2 inch high light-reflective letters on a
8 contrasting background, that unauthorized vehicles
9 will be towed away at the owner's expense.
10 c. The notice must also provide the name and
11 current telephone number of the towing service towing
12 or removing the vehicle.
13 d. The sign structure containing the required
14 notices must be permanently installed with the bottom
15 of the sign not less than 4 feet above ground level,
16 and must be continuously maintained on the property for
17 not less than 24 hours prior to the towing or removing
18 of any vehicle.
19 6. Any towing service that tows or removes vehicles and
20 proposes to require the owner, operator, or person in
21 control of the vehicle to pay the costs of towing and
22 storage prior to redemption of the vehicle must file and
23 keep on record with the local law enforcement agency a
24 complete copy of the current rates to be charged for such
25 services, and post at the storage site an identical rate
26 schedule and any written contracts with property owners,

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1 lessors, or persons in control of property which authorize
2 them to remove vehicles as provided in this Section. The
3 towing and storage charges, however, shall not exceed the
4 maximum allowed by the Illinois Commerce Commission under
5 Section 18a-200.
6 7. No person shall engage in the removal of vehicles
7 from private property as described in this Section without
8 filing a notice of intent in each community where he
9 intends to do such removal, and such notice shall be filed
10 at least 7 days before commencing such towing.
11 8. No removal of a vehicle from private property shall
12 be done except upon express written instructions of the
13 owners or persons in charge of the private property upon
14 which the vehicle is said to be trespassing.
15 9. Vehicle entry for the purpose of removal shall be
16 allowed with reasonable care on the part of the person or
17 firm towing the vehicle. Such person or firm shall be
18 liable for any damages occasioned to the vehicle if such
19 entry is not in accordance with the standards of reasonable
20 care.
21 9.5. Except as authorized by a law enforcement officer,
22 no towing service shall engage in the removal of a
23 commercial motor vehicle that requires a commercial
24 driver's license to operate by operating the vehicle under
25 its own power on a highway.
26 10. When a vehicle has been towed or removed pursuant

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1 to this Section, it must be released to its owner or
2 custodian within one half hour after requested, if such
3 request is made during business hours. Any vehicle owner or
4 custodian or agent shall have the right to inspect the
5 vehicle before accepting its return, and no release or
6 waiver of any kind which would release the towing service
7 from liability for damages incurred during the towing and
8 storage may be required from any vehicle owner or other
9 legally authorized person as a condition of release of the
10 vehicle. A detailed, signed receipt showing the legal name
11 of the towing service must be given to the person paying
12 towing or storage charges at the time of payment, whether
13 requested or not.
14 This Section shall not apply to law enforcement,
15firefighting, rescue, ambulance, or other emergency vehicles
16which are marked as such or to property owned by any
17governmental entity.
18 When an authorized person improperly causes a motor vehicle
19to be removed, such person shall be liable to the owner or
20lessee of the vehicle for the cost or removal, transportation
21and storage, any damages resulting from the removal,
22transportation and storage, attorney's fee and court costs.
23 Any towing or storage charges accrued shall be payable by
24the use of any major credit card, in addition to being payable
25in cash.
26 11. Towing companies shall also provide insurance

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1 coverage for areas where vehicles towed under the
2 provisions of this Chapter will be impounded or otherwise
3 stored, and shall adequately cover loss by fire, theft or
4 other risks.
5 Any person who fails to comply with the conditions and
6restrictions of this subsection shall be guilty of a Class C
7misdemeanor and shall be fined not less than $100 nor more than
8$500.
9 (g)(1) When a vehicle is determined to be a hazardous
10dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
11Illinois Municipal Code or Section 5-12002.1 of the Counties
12Code, its removal and impoundment by a towing service may be
13authorized by a law enforcement agency with appropriate
14jurisdiction.
15 (2) When a vehicle removal from either public or private
16property is authorized by a law enforcement agency, the owner
17of the vehicle shall be responsible for all towing and storage
18charges.
19 (3) Vehicles removed from public or private property and
20stored by a commercial vehicle relocator or any other towing
21service authorized by a law enforcement agency in compliance
22with this Section and Sections 4-201 and 4-202 of this Code, or
23at the request of the vehicle owner or operator, shall be
24subject to a possessor lien for services pursuant to the Labor
25and Storage Lien (Small Amount) Act. The provisions of Section
261 of that Act relating to notice and implied consent shall be

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1deemed satisfied by compliance with Section 18a-302 and
2subsection (6) of Section 18a-300. In no event shall such lien
3be greater than the rate or rates established in accordance
4with subsection (6) of Section 18a-200 of this Code. In no
5event shall such lien be increased or altered to reflect any
6charge for services or materials rendered in addition to those
7authorized by this Act. Every such lien shall be payable by use
8of any major credit card, in addition to being payable in cash.
9 (4) Any personal property belonging to the vehicle owner in
10a vehicle subject to a lien under this subsection (g) shall
11likewise be subject to that lien, excepting only: child
12restraint systems as defined in Section 4 of the Child
13Passenger Protection Act and other child booster seats;
14eyeglasses; food; medicine; perishable property; any
15operator's licenses; any cash, credit cards, or checks or
16checkbooks; any wallet, purse, or other property containing any
17operator's license or other identifying documents or
18materials, cash, credit cards, checks, or checkbooks; and any
19personal property belonging to a person other than the vehicle
20owner if that person provides adequate proof that the personal
21property belongs to that person. The spouse, child, mother,
22father, brother, or sister of the vehicle owner may claim
23personal property excepted under this paragraph (4) if the
24person claiming the personal property provides the commercial
25vehicle relocator or towing service with the authorization of
26the vehicle owner.

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1 (5) This paragraph (5) applies only in the case of a
2vehicle that is towed as a result of being involved in an
3accident. In addition to the personal property excepted under
4paragraph (4), all other personal property in a vehicle subject
5to a lien under this subsection (g) is exempt from that lien
6and may be claimed by the vehicle owner if the vehicle owner
7provides the commercial vehicle relocator or towing service
8with proof that the vehicle owner has an insurance policy
9covering towing and storage fees. The spouse, child, mother,
10father, brother, or sister of the vehicle owner may claim
11personal property in a vehicle subject to a lien under this
12subsection (g) if the person claiming the personal property
13provides the commercial vehicle relocator or towing service
14with the authorization of the vehicle owner and proof that the
15vehicle owner has an insurance policy covering towing and
16storage fees. The regulation of liens on personal property and
17exceptions to those liens in the case of vehicles towed as a
18result of being involved in an accident are exclusive powers
19and functions of the State. A home rule unit may not regulate
20liens on personal property and exceptions to those liens in the
21case of vehicles towed as a result of being involved in an
22accident. This paragraph (5) is a denial and limitation of home
23rule powers and functions under subsection (h) of Section 6 of
24Article VII of the Illinois Constitution.
25 (6) No lien under this subsection (g) shall: exceed $2,000
26in its total amount; or be increased or altered to reflect any

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1charge for services or materials rendered in addition to those
2authorized by this Act.
3 (h) Whenever a peace officer issues a citation to a driver
4for a violation of subsection (a) of Section 11-506 of this
5Code, the arresting officer may have the vehicle which the
6person was operating at the time of the arrest impounded for a
7period of 5 days after the time of arrest. An impounding agency
8shall release a motor vehicle impounded under this subsection
9(h) to the registered owner of the vehicle under any of the
10following circumstances:
11 (1) If the vehicle is a stolen vehicle; or
12 (2) If the person ticketed for a violation of
13 subsection (a) of Section 11-506 of this Code was not
14 authorized by the registered owner of the vehicle to
15 operate the vehicle at the time of the violation; or
16 (3) If the registered owner of the vehicle was neither
17 the driver nor a passenger in the vehicle at the time of
18 the violation or was unaware that the driver was using the
19 vehicle to engage in street racing; or
20 (4) If the legal owner or registered owner of the
21 vehicle is a rental car agency; or
22 (5) If, prior to the expiration of the impoundment
23 period specified above, the citation is dismissed or the
24 defendant is found not guilty of the offense.
25 (i) Except for vehicles exempted under subsection (b) of
26Section 7-601 of this Code, whenever a law enforcement officer

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1issues a citation to a driver for a violation of Section 3-707
2of this Code, and the driver has a prior conviction for a
3violation of Section 3-707 of this Code in the past 12 months,
4the arresting officer shall authorize the removal and
5impoundment of the vehicle by a towing service.
6(Source: P.A. 99-438, eff. 1-1-16.)
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