93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2762


 
Introduced 2/5/2004, by John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/11-401
  from Ch. 95 1/2, par. 11-401







    Amends the Illinois Vehicle Code. Makes a technical change in a provision concerning leaving the scene of an accident involving personal injury.
















LRB093 20888 DRH 46843 b

















 


 


A BILL FOR









 











SB2762

LRB093 20888 DRH 46843 b






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    AN ACT concerning transportation.

 
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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
the
such vehicle at the scene of the

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such 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 hour after such motor
vehicle accident, 
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or, if hospitalized and incapacitated from reporting at any

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time during such period, as soon as possible but in no case 
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later than one
hour
after
being discharged from the
hospital, 
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report the place of the accident, the date, the approximate 
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time,
the
driver's name and address, the registration number of 
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the vehicle
driven, and the names of all other occupants of

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such vehicle, at a police station or sheriff's office near the 
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place where
such accident occurred. No report made as required 
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under this paragraph
shall be used, directly or indirectly, as 
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a basis for the
prosecution of any 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 
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medical facility or
doctor's office.

 


 






SB2762
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LRB093 20888 DRH 46843 b




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    (c) Any person failing to comply with paragraph (a) shall 
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be guilty of a Class A misdemeanor.

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    (d) Any person failing to comply with paragraph (b) is

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guilty
of
a Class 4 felony if the
motor vehicle accident does 
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not result in the death of any person.
Any person failing to 
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comply with paragraph (b)
when the accident results in the 
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death of
any person is guilty of a Class 2
felony, for which 
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the person, if
sentenced to a term of imprisonment, shall be 
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sentenced to a term of not less
than 3 years and not more than 
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14 years.

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    (e) The Secretary of State shall revoke the driving 
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privilege of any person
convicted of a violation of this 
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Section.

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(Source: P.A. 90-543, eff. 12-1-97.)