Sen. Ira I. Silverstein
Filed: 3/26/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1005




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    AMENDMENT NO. ______. Amend Senate Bill 1005 by inserting 
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immediately above the enacting clause the following:
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    "WHEREAS, This amendatory Act of the 95th General Assembly 
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may be referred to as Judee's Law; therefore"; and
 

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by replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Illinois Vehicle Code is amended  by 
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changing 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 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

hour
after
being discharged from the

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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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    (b-1) Any person arrested for violating this Section is 
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subject to chemical testing of his or her blood, breath, or 
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urine for the presence of alcohol, other drug or drugs, 
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intoxicating compound or compounds, or any combination 
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thereof,  as provided in Section 11-501.1, if the testing occurs 
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within 12 hours of the time of the occurrence of the accident 
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that led to his or her arrest.   The person's driving privileges 
 


 






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are subject to statutory summary suspension under Section 
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11-501.1 if he or she fails or refuses to undergo the testing.

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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.

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    (c) Any person failing to comply with paragraph (a) shall 
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be guilty of a Class 4 felony.

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

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guilty
of
a Class 2
3 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 1
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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. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)".