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| 1 | AN ACT concerning criminal law.
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| 2 | WHEREAS, This amendatory Act of the 95th General Assembly | ||||||
| 3 | may be referred to as Judee's Law; therefore | ||||||
| 4 | Be it enacted by the People of the State of Illinois, | ||||||
| 5 | represented in the General Assembly:
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| 6 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 7 | Section 11-401 as follows:
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| 8 | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
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| 9 | Sec. 11-401. Motor vehicle accidents involving death or | ||||||
| 10 | personal injuries.
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| 11 | (a) The driver of any vehicle involved in a motor vehicle | ||||||
| 12 | accident
resulting in personal injury to or death of any person | ||||||
| 13 | shall immediately stop
such vehicle at the scene of such | ||||||
| 14 | accident, or as close thereto as possible
and shall then | ||||||
| 15 | forthwith return to, and in every event shall remain at the
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| 16 | scene of the accident until the requirements of Section 11-403 | ||||||
| 17 | have been
fulfilled. Every such stop shall be made without | ||||||
| 18 | obstructing traffic more
than is necessary.
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| 19 | (b) Any person who has failed to stop or to comply with the
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| 20 | requirements of paragraph (a) shall, as soon as possible but in | ||||||
| 21 | no case
later than one-half hour after such motor
vehicle | ||||||
| 22 | accident, or, if hospitalized and incapacitated from reporting | ||||||
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| 1 | at any
time during such period, as soon as possible but in no | ||||||
| 2 | case later than one-half
hour
after
being discharged from the
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| 3 | hospital, report the place of the accident, the date, the | ||||||
| 4 | approximate time,
the
driver's name and address, the | ||||||
| 5 | registration number of the vehicle
driven, and the names of all | ||||||
| 6 | other occupants of
such vehicle, at a police station or | ||||||
| 7 | sheriff's office near the place where
such accident occurred. | ||||||
| 8 | No report made as required under this paragraph shall be used,
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| 9 | directly or indirectly, as a basis for the prosecution of any
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| 10 | violation of paragraph (a).
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| 11 | (b-1) Any person arrested for violating this Section is | ||||||
| 12 | subject to chemical testing of his or her blood, breath, or | ||||||
| 13 | urine for the presence of alcohol, other drug or drugs, | ||||||
| 14 | intoxicating compound or compounds, or any combination | ||||||
| 15 | thereof, as provided in Section 11-501.1, if the testing occurs | ||||||
| 16 | within 12 hours of the time of the occurrence of the accident | ||||||
| 17 | that led to his or her arrest. The person's driving privileges | ||||||
| 18 | are subject to statutory summary suspension under Section | ||||||
| 19 | 11-501.1 if he or she fails or refuses to undergo the testing.
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| 20 | For purposes of this Section, personal injury shall mean | ||||||
| 21 | any injury
requiring immediate professional treatment in a | ||||||
| 22 | medical facility or
doctor's office.
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| 23 | (c) Any person failing to comply with paragraph (a) shall | ||||||
| 24 | be guilty of a Class 4 felony.
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| 25 | (d) Any person failing to comply with paragraph (b) is
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| 26 | guilty
of
a Class 2
3 felony if the
motor vehicle accident does | ||||||
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| 1 | not result in the death of any person.
Any person failing to | ||||||
| 2 | comply with paragraph (b)
when the accident results in the | ||||||
| 3 | death of
any person is guilty of a Class 1
2
felony, for which | ||||||
| 4 | the person, if
sentenced to a term of imprisonment, shall be | ||||||
| 5 | sentenced to a term of not less
than 3 years and not more than | ||||||
| 6 | 14 years.
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| 7 | (e) The Secretary of State shall revoke the driving | ||||||
| 8 | privilege of any person
convicted of a violation of this | ||||||
| 9 | Section.
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| 10 | (Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)
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