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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4027
Introduced 1/14/2004, by William Delgado, Brandon W. Phelps, Deborah L. Graham SYNOPSIS AS INTRODUCED:
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625 ILCS 5/11-401 |
from Ch. 95 1/2, par. 11-401 |
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Amends the Illinois Vehicle Code. Provides that a person who fails to remain at the scene of an accident involving personal injury or death to render aid as required is guilty of a Class 4 felony (rather than a Class A misdemeanor). Shortens from one hour to one-half hour the time in which a person who has failed to remain at the scene of the accident must report the accident at a police station or sheriff's office. Provides that a person who failed to remain at the scene as required and failed to report the accident within one-half hour of its occurrence, or within one-half hour of his or her release from the hospital if he or she had been hospitalized and incapacitated from reporting during the one-half hour after the occurrence, is guilty of a Class 3 (rather than a Class 4) felony if the accident does not result in the death of any person. Deletes language providing that a report made within the one hour time limit may not be used as a basis for a prosecution for failing to remain at the accident scene as required.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4027 |
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LRB093 15069 DRH 41905 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Section 11-401 as follows:
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| (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
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| Sec. 11-401. Motor vehicle accidents involving death or |
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| personal injuries.
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| (a) The driver of any vehicle involved in a motor vehicle |
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| accident
resulting in personal injury to or death of any person |
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| shall immediately stop
such vehicle at the scene of such |
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| accident, or as close thereto as possible
and shall then |
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| forthwith return to, and in every event shall remain at the
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| scene of the accident until the requirements of Section 11-403 |
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| have been
fulfilled. Every such stop shall be made without |
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| obstructing traffic more
than is necessary.
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| (b) Any person who has failed to stop or to comply with the
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| requirements of paragraph (a) shall, as soon as possible but in |
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| no case
later than one-half
one hour after such motor
vehicle |
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| accident, or, if hospitalized and incapacitated from reporting |
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| at any
time during such period, as soon as possible but in no |
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| case later than one-half
one
hour
after
being discharged from |
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| the
hospital, report the place of the accident, the date, the |
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| approximate time,
the
driver's name and address, the |
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| registration number of the vehicle
driven, and the names of all |
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| other occupants of
such vehicle, at a police station or |
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| sheriff's office near the place where
such accident occurred. |
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| No report made as required under this paragraph
shall be used, |
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| directly or indirectly, as a basis for the
prosecution of any |
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| violation of paragraph (a).
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| For purposes of this Section, personal injury shall mean |
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| any injury
requiring immediate professional treatment in a |