CRIM CD-MOB ACTION-STREET RACE

Illinois General Assembly - Full Text of HB0038

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0038

Introduced 1/9/2025, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

625 ILCS 5/4-203.5
720 ILCS 5/25-1

from Ch. 38, par. 25-1

Amends the Criminal Code of 2012. Includes in the offense of mob
action (1) the knowing or reckless steering of a motor vehicle so that it
makes a controlled skid sideways through a turn with the front wheels
pointed in a direction opposite to that of the turn if the activity results
in the use of force or violence disturbing the public peace and (2) the
knowing or reckless act of street racing if the activity results in the use
of force or violence disturbing the public peace. Defines "street racing".
Provides that the penalty for these offenses is a Class 4 felony.
LRB104 03435 RLC 13458 b

A BILL FOR

HB0038
LRB104 03435 RLC 13458 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Vehicle Code is amended by
5
changing Section 4-203.5 as follows:

6

(625 ILCS 5/4-203.5)
7

Sec. 4-203.5.
Tow rotation list.
8

(a) Each law enforcement agency whose duties include the
9
patrol of highways in this State shall maintain a tow rotation
10
list which shall be used by law enforcement officers
11
authorizing the tow of a vehicle within the jurisdiction of
12
the law enforcement agency. To ensure adequate response time,
13
a law enforcement agency may maintain multiple tow rotation
14
lists, with each tow rotation list covering tows authorized in
15
different geographic locations within the jurisdiction of the
16
law enforcement agency. A towing service may be included on
17
more than one tow rotation list.
18

(b) Any towing service operating within the jurisdiction
19
of a law enforcement agency may submit an application in a form
20
and manner prescribed by the law enforcement agency for
21
inclusion on the law enforcement agency's tow rotation list.
22
The towing service does not need to be located within the
23
jurisdiction of the law enforcement agency. To be included on

HB0038
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LRB104 03435 RLC 13458 b
1
a tow rotation list the towing service must meet the following
2
requirements:
3

(1) possess a license permitting the towing service to
4

operate in every unit of local government in the law
5

enforcement agency's jurisdiction that requires a license
6

for the operation of a towing service;
7

(2) if required by the law enforcement agency for
8

inclusion on that law enforcement agency's tow rotation
9

list, each owner of the towing service and each person
10

operating a vehicle on behalf of the towing service shall
11

submit his or her fingerprints to the Illinois State
12

Police in the form and manner prescribed by the Illinois
13

State Police. These fingerprints should be transmitted
14

through a live scan fingerprint vendor licensed by the
15

Department of Financial and Professional Regulation. These
16

fingerprints shall be checked against the fingerprint
17

records now and hereafter filed in the Illinois State
18

Police and Federal Bureau of Investigation criminal
19

history records databases. The Illinois State Police shall
20

charge a fee for conducting the criminal history record
21

check, which shall be deposited in the State Police
22

Services Fund and shall not exceed the actual cost of the
23

State and national criminal history record check. The
24

Illinois State Police shall furnish, pursuant to positive
25

identification, all Illinois conviction information to the
26

law enforcement agency maintaining the tow rotation list

HB0038
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LRB104 03435 RLC 13458 b
1

and shall forward the national criminal history record
2

information to the law enforcement agency maintaining the
3

tow rotation list. A person may not own a towing service or
4

operate a vehicle on behalf of a towing service included
5

on a tow rotation list if that person has been convicted
6

during the 5 years preceding the application of a criminal
7

offense involving one or more of the following:
8

(A) bodily injury or attempt to inflict bodily
9

injury to another person;
10

(B) theft of property or attempted theft of
11

property; or
12

(C) sexual assault or attempted sexual assault of
13

any kind;
14

(3) each person operating a vehicle on behalf of the
15

towing service must be classified for the type of towing
16

operation he or she shall be performing and the vehicle he
17

or she shall be operating;
18

(4) possess and maintain the following insurance in
19

addition to any other insurance required by law:
20

(A) comprehensive automobile liability insurance
21

with a minimum combined single limit coverage of
22

$1,000,000;
23

(B) commercial general liability insurance with
24

limits of not less than $1,000,000 per occurrence,
25

$100,000 minimum garage keepers legal liability
26

insurance, and $100,000 minimum on-hook coverage or

HB0038
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LRB104 03435 RLC 13458 b
1

cargo insurance; and
2

(C) a worker's compensation policy covering every
3

person operating a tow truck on behalf of the towing
4

service, if required under current law;
5

(5) possess a secure parking lot used for short-term
6

vehicle storage after a vehicle is towed that is open
7

during business hours and is equipped with security
8

features as required by the law enforcement agency;
9

(6) utilize only vehicles that possess a valid vehicle
10

registration, display a valid Illinois license plate in
11

accordance with Section 5-202 of this Code, and comply
12

with the weight requirements of this Code;
13

(7) every person operating a towing or recovery
14

vehicle on behalf of the towing service must have
15

completed a Traffic Incident Management Training Program
16

approved by the Department of Transportation;
17

(8) hold a valid authority issued to it by the
18

Illinois Commerce Commission;
19

(9) comply with all other applicable federal, State,
20

and local laws; and
21

(10) comply with any additional requirements the
22

applicable law enforcement agency deems necessary.
23

The law enforcement agency may select which towing
24
services meeting the requirements of this subsection (b) shall
25
be included on a tow rotation list. The law enforcement agency
26
may choose to have only one towing service on its tow rotation

HB0038
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LRB104 03435 RLC 13458 b
1
list. Complaints regarding the process for inclusion on a tow
2
rotation list or the use of a tow rotation list may be referred
3
in writing to the head of the law enforcement agency
4
administering that tow rotation list. The head of the law
5
enforcement agency shall make the final determination as to
6
which qualified towing services shall be included on a tow
7
rotation list, and shall not be held liable for the exclusion
8
of any towing service from a tow rotation list.
9

(c)
A law enforcement agency may authorize its law
10
enforcement officers to tow vehicles for purposes permitted by
11
this Code.
Whenever a law enforcement officer initiates a tow
12
of a vehicle, the officer shall contact his or her law
13
enforcement agency and inform the agency that a tow has been
14
authorized
. If the law enforcement agency authorizes its law
15
enforcement officers to tow vehicles, the law enforcement
16
officer may tow the vehicle to a location determined by the law
17
enforcement agency that employs the law enforcement officer
18
and shall record the license plate number of the vehicle
19
towed
.
If the law enforcement agency does not authorize its
20
officers to tow vehicles or declines towing the vehicle, the

21
The
law enforcement agency shall then select a towing service
22
from the law enforcement agency's tow rotation list
23
corresponding to the geographical area where the tow was
24
authorized, and shall contact that towing service directly by
25
phone, computer, or similar means. Towing services shall be
26
contacted in the order listed on the appropriate tow rotation

HB0038
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LRB104 03435 RLC 13458 b
1
list, at which point the towing service shall be placed at the
2
end of that tow rotation list. In the event a listed towing
3
service is not available, the next listed towing service on
4
that tow rotation list shall be contacted.
5

(d) A law enforcement agency may deviate from the order
6
listed on a tow rotation list if the towing service next on
7
that tow rotation list is, in the judgment of the authorizing
8
officer or the law enforcement agency making the selection,
9
incapable of or not properly equipped for handling a specific
10
task related to the tow that requires special skills or
11
equipment. A deviation from the order listed on the tow
12
rotation list for this reason shall not cause a loss of
13
rotation turn by the towing service determined to be incapable
14
or not properly equipped for handling the request.
15

(e) In the event of an emergency a law enforcement officer
16
or agency, taking into account the safety and location of the
17
situation, may deviate from the order of the tow rotation list
18
and obtain towing service from any source deemed appropriate.
19

(f) If the owner or operator of a disabled vehicle is
20
present at the scene of the disabled vehicle, is not under
21
arrest, and does not abandon his or her vehicle, and in the law
22
enforcement officer's opinion the disabled vehicle is not
23
impeding or obstructing traffic, illegally parked, or posing a
24
security or safety risk, the law enforcement officer shall
25
allow the owner of the vehicle to specify a towing service to
26
relocate the disabled vehicle. If the owner chooses not to

HB0038
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LRB104 03435 RLC 13458 b
1
specify a towing service, the law enforcement agency shall
2
select a towing service for the vehicle as provided in
3
subsection (c) of this Section.
4

(g) If a tow operator is present or arrives where a tow is
5
needed and it has not been requested by the law enforcement
6
agency or the owner or operator, the law enforcement officer,
7
unless acting under Section 11-1431 of this Code, shall advise
8
the tow operator to leave the scene.
9

(h) (Blank).
10
(Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23
.)

11

Section 10.
The Criminal Code of 2012 is amended by
12
changing Section 25-1 as follows:

13

(720 ILCS 5/25-1)

(from Ch. 38, par. 25-1)
14

Sec. 25-1.
Mob action.
15

(a) A person commits mob action when he or she engages in
16
any of the following:

17

(1) the knowing or reckless use of force or violence
18

disturbing the public peace by 2 or more persons acting
19

together and without authority of law;

20

(2) the knowing assembly of 2 or more persons with the
21

intent to commit or facilitate the commission of a felony
22

or misdemeanor;
or

23

(3) the knowing assembly of 2 or more persons, without
24

authority of law, for the purpose of doing violence to the

HB0038
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LRB104 03435 RLC 13458 b
1

person or property of anyone supposed to have been guilty
2

of a violation of the law, or for the purpose of exercising
3

correctional powers or regulative powers over any person
4

by violence
;
5

(4) the knowing or reckless steering of a motor
6

vehicle so that it makes a controlled skid sideways
7

through a turn with the front wheels pointed in a
8

direction opposite to that of the turn if the activity
9

results in the use of force or violence disturbing the
10

public peace; or
11

(5) the knowing or reckless act of street racing if
12

the activity results in the use of force or violence
13

disturbing the public peace. In this paragraph (5),
14

"street racing" has the meaning ascribed to it in Section
15

11-506 of the Illinois Vehicle Code
.
16

(b) Sentence.
17

(1) Mob action in violation of paragraph (1)
, (4), or
18

(5)
of subsection (a) is a Class 4 felony.
19

(2) Mob action in violation of paragraphs (2) and (3)
20

of subsection (a) is a Class C misdemeanor.
21

(3) A participant in a mob action that by violence
22

inflicts injury to the person or property of another
23

commits a Class 4 felony.
24

(4) A participant in a mob action who does not
25

withdraw when commanded to do so by a peace officer
26

commits a Class A misdemeanor.

HB0038
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LRB104 03435 RLC 13458 b
1

(5) In addition to any other sentence that may be
2

imposed, a court shall order any person convicted of mob
3

action to perform community service for not less than 30
4

and not more than 120 hours, if community service is
5

available in the jurisdiction and is funded and approved
6

by the county board of the county where the offense was
7

committed. In addition, whenever any person is placed on
8

supervision for an alleged offense under this Section, the
9

supervision shall be conditioned upon the performance of
10

the community service. This paragraph does not apply when
11

the court imposes a sentence of incarceration.
12
(Source: P.A. 96-710, eff. 1-1-10; 97-1108, eff. 1-1-13.)

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