103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2462

 

Introduced 2/15/2023, by Rep. Matt Hanson

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/7-201  from Ch. 95 1/2, par. 7-201
625 ILCS 5/7-201.1  from Ch. 95 1/2, par. 7-201.1
625 ILCS 5/11-404  from Ch. 95 1/2, par. 11-404
625 ILCS 5/11-407  from Ch. 95 1/2, par. 11-407
625 ILCS 5/11-414  from Ch. 95 1/2, par. 11-414

    Amends the Illinois Vehicle Code. Provides that the driver of a vehicle that is in any manner involved in a crash within this State, resulting in injury to or the death of any person, or in which damage to the property of any one person, including that of the driver, in excess of certain amounts is sustained, or of a vehicle that is in any manner involved in a crash in this State that involves a school bus, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, or that is involved in a crash that occurs within 50 feet of a school bus in this State resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus, shall, if no police officer is present, give notice of the crash by the fastest available means of communication to the local police department if such crash occurs within a municipality or otherwise to the nearest office of the county sheriff or nearest headquarters of the Illinois State Police. Provides that the Secretary of State shall suspend the driver's license or any nonresident driving privilege of any person who fails or neglects to report a crash as required by law. Makes corresponding changes.


LRB103 29448 MXP 55840 b

 

 

A BILL FOR

 

HB2462LRB103 29448 MXP 55840 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 7-201, 7-201.1, 11-404, 11-407, and 11-414
6as follows:
 
7    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
8    (Text of Section before amendment by P.A. 102-982)
9    Sec. 7-201. Application of Article II. The Administrator
10as soon as practicable after the receipt of the report,
11required to be filed under Sections 11-406 and 11-410, of a
12motor vehicle accident occurring within this State and that
13has resulted in bodily injury or death of any person or that
14damage to the property of any one person in excess of $1,500
15(or $500 if any of the vehicles involved in the accident is
16subject to Section 7-601 but is not covered by a liability
17insurance policy in accordance with Section 7-601) was
18sustained, shall determine:
19        1. Whether Section 7-202 of this Code requires the
20    deposit of security by or on behalf of any person who was
21    the operator or owner of any motor vehicle in any manner
22    involved in the accident; and
23        2. What amount of security shall be sufficient to

 

 

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1    satisfy any potential judgment or judgments for money
2    damages resulting from the accident as may be recovered
3    against the operator or owner, which amount shall in no
4    event be less than $1,500 (or $500 if any of the vehicles
5    involved in the accident is subject to Section 7-601 but
6    is not covered by a liability insurance policy in
7    accordance with Section 7-601).
8(Source: P.A. 95-754, eff. 1-1-09.)
 
9    (Text of Section after amendment by P.A. 102-982)
10    Sec. 7-201. Application of Article II. The Administrator
11as soon as practicable after the receipt of the report,
12required to be filed under Section 11-407 Sections 11-406 and
1311-410, of a motor vehicle crash occurring within this State
14and that has resulted in bodily injury or death of any person
15or that damage to the property of any one person in excess of
16$1,500 (or $500 if any of the vehicles involved in the crash is
17subject to Section 7-601 but is not covered by a liability
18insurance policy in accordance with Section 7-601) was
19sustained, shall determine:
20        1. Whether Section 7-202 of this Code requires the
21    deposit of security by or on behalf of any person who was
22    the operator or owner of any motor vehicle in any manner
23    involved in the crash; and
24        2. What amount of security shall be sufficient to
25    satisfy any potential judgment or judgments for money

 

 

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1    damages resulting from the crash as may be recovered
2    against the operator or owner, which amount shall in no
3    event be less than $1,500 (or $500 if any of the vehicles
4    involved in the crash is subject to Section 7-601 but is
5    not covered by a liability insurance policy in accordance
6    with Section 7-601).
7(Source: P.A. 102-982, eff. 7-1-23.)
 
8    (625 ILCS 5/7-201.1)  (from Ch. 95 1/2, par. 7-201.1)
9    (Text of Section before amendment by P.A. 102-982)
10    Sec. 7-201.1. If the Administrator has not received a
11report required to be filed under Sections 11-406 and 11-410,
12or if the information contained in a report is insufficient,
13the Administrator shall send to the person required to file
14the report a written request for the missing report or the
15missing information. The Administrator shall send such request
16no later than 45 days after the accident or 7 days after
17receiving information that such accident has occurred,
18whichever is later.
19    If the request is sent to a driver involved in an accident,
20the request or an attachment thereto shall contain in bold
21print a warning that failure to comply with the request within
2215 days may result in the suspension of the driver's license.
23(Source: P.A. 84-797.)
 
24    (Text of Section after amendment by P.A. 102-982)

 

 

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1    Sec. 7-201.1. If the Administrator has not received a
2report required to be filed under Section 11-407 Sections
311-406 and 11-410, or if the information contained in a report
4is insufficient, the Administrator shall send to the person
5required to file the report a written request for the missing
6report or the missing information. The Administrator shall
7send such request no later than 45 days after the crash or 7
8days after receiving information that such crash has occurred,
9whichever is later.
10    If the request is sent to a driver involved in a crash, the
11request or an attachment thereto shall contain in bold print a
12warning that failure to comply with the request within 15 days
13may result in the suspension of the driver's license.
14(Source: P.A. 102-982, eff. 7-1-23.)
 
15    (625 ILCS 5/11-404)  (from Ch. 95 1/2, par. 11-404)
16    (Text of Section before amendment by P.A. 102-982)
17    Sec. 11-404. Duty upon damaging unattended vehicle or
18other property.
19    (a) The driver of any vehicle which collides with or is
20involved in a motor vehicle accident with any vehicle which is
21unattended, or other property, resulting in any damage to such
22other vehicle or property shall immediately stop and shall
23then and there either locate and notify the operator or owner
24of such vehicle or other property of the driver's name,
25address, registration number and owner of the vehicle the

 

 

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1driver was operating or shall attach securely in a conspicuous
2place on or in the vehicle or other property struck a written
3notice giving the driver's name, address, registration number
4and owner of the vehicle the driver was driving and shall
5without unnecessary delay notify the nearest office of a duly
6authorized police authority and shall make a written report of
7such accident when and as required in Section 11-406. Every
8such stop shall be made without obstructing traffic more than
9is necessary. If a damaged vehicle is obstructing traffic
10lanes, the driver of the vehicle must make every reasonable
11effort to move the vehicle or have it moved so as not to block
12the traffic lanes.
13    (b) Any person failing to comply with this Section shall
14be guilty of a Class A misdemeanor.
15    (c) If any peace officer or highway authority official
16finds (i) a vehicle standing upon a highway or toll highway in
17violation of a prohibition, limitation, or restriction on
18stopping, standing, or parking imposed under this Code or (ii)
19a disabled vehicle that obstructs the roadway of a highway or
20toll highway, the peace officer or highway authority official
21is authorized to move the vehicle or to require the operator of
22the vehicle to move the vehicle to the shoulder of the road, to
23a position where parking is permitted, or to public parking or
24storage premises. The removal may be performed by, or under
25the direction of, the peace officer or highway authority
26official or may be contracted for by local authorities. After

 

 

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1the vehicle has been removed, the peace officer or highway
2authority official shall follow appropriate procedures, as
3provided in Section 4-203 of this Code.
4    (d) A towing service, its officers, and its employees are
5not liable for loss of or damages to any real or personal
6property that occurs as the result of the removal or towing of
7any vehicle under subsection (c), as provided in subsection
8(b) of Section 4-213.
9(Source: P.A. 95-407, eff. 1-1-08.)
 
10    (Text of Section after amendment by P.A. 102-982)
11    Sec. 11-404. Duty upon damaging unattended vehicle or
12other property.
13    (a) The driver of any vehicle which collides with or is
14involved in a motor vehicle crash with any vehicle which is
15unattended, or other property, resulting in any damage to such
16other vehicle or property shall immediately stop and shall
17then and there either locate and notify the operator or owner
18of such vehicle or other property of the driver's name,
19address, registration number and owner of the vehicle the
20driver was operating or shall attach securely in a conspicuous
21place on or in the vehicle or other property struck a written
22notice giving the driver's name, address, registration number
23and owner of the vehicle the driver was driving and shall
24without unnecessary delay notify the nearest office of a duly
25authorized police authority and shall make a written report of

 

 

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1such crash when and as required in Section 11-407 11-406.
2Every such stop shall be made without obstructing traffic more
3than is necessary. If a damaged vehicle is obstructing traffic
4lanes, the driver of the vehicle must make every reasonable
5effort to move the vehicle or have it moved so as not to block
6the traffic lanes.
7    (b) Any person failing to comply with this Section shall
8be guilty of a Class A misdemeanor.
9    (c) If any peace officer or highway authority official
10finds (i) a vehicle standing upon a highway or toll highway in
11violation of a prohibition, limitation, or restriction on
12stopping, standing, or parking imposed under this Code or (ii)
13a disabled vehicle that obstructs the roadway of a highway or
14toll highway, the peace officer or highway authority official
15is authorized to move the vehicle or to require the operator of
16the vehicle to move the vehicle to the shoulder of the road, to
17a position where parking is permitted, or to public parking or
18storage premises. The removal may be performed by, or under
19the direction of, the peace officer or highway authority
20official or may be contracted for by local authorities. After
21the vehicle has been removed, the peace officer or highway
22authority official shall follow appropriate procedures, as
23provided in Section 4-203 of this Code.
24    (d) A towing service, its officers, and its employees are
25not liable for loss of or damages to any real or personal
26property that occurs as the result of the removal or towing of

 

 

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1any vehicle under subsection (c), as provided in subsection
2(b) of Section 4-213.
3(Source: P.A. 102-982, eff. 7-1-23.)
 
4    (625 ILCS 5/11-407)  (from Ch. 95 1/2, par. 11-407)
5    (Text of Section before amendment by P.A. 102-982)
6    Sec. 11-407. Immediate notice of accident.
7    (a) The driver of a vehicle which is in any manner involved
8in an accident described in Section 11-406 of this Chapter
9shall, if no police officer is present, give notice of the
10accident by the fastest available means of communication to
11the local police department if such accident occurs within a
12municipality or otherwise to the nearest office of the county
13sheriff or nearest headquarters of the Illinois State Police.
14    (b) Whenever the driver of a vehicle is physically
15incapable of giving immediate notice of an accident as
16required in Subsection (a) and there was another occupant in
17the vehicle at the time of the accident capable of doing so,
18that occupant must give notice as required in Subsection (a).
19(Source: P.A. 76-2163.)
 
20    (Text of Section after amendment by P.A. 102-982)
21    Sec. 11-407. Immediate notice of crash.
22    (a) The driver of a vehicle which is in any manner involved
23in a crash within this State, resulting in injury to or the
24death of any person, or in which damage to the property of any

 

 

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1one person, including that of the driver, is sustained in
2excess of $1,500 (or $500 if any of the vehicles involved in
3the crash is subject to Section 7-601 but is not covered by a
4liability insurance policy in accordance with Section 7-601),
5or of a vehicle that is in any manner involved in a crash in
6this State that involves a school bus, caused by a collision, a
7sudden stop, or otherwise, resulting in any property damage,
8personal injury, or death, or that is involved in a crash that
9occurs within 50 feet of a school bus in this State and
10resulting in personal injury to or the death of any person
11while awaiting or preparing to board the bus or immediately
12after exiting the bus, described in Section 11-406 of this
13Chapter shall, if no police officer is present, give notice of
14the crash by the fastest available means of communication to
15the local police department if such crash occurs within a
16municipality or otherwise to the nearest office of the county
17sheriff or nearest headquarters of the Illinois State Police.
18    (b) Whenever the driver of a vehicle is physically
19incapable of giving immediate notice of a crash as required in
20Subsection (a) and there was another occupant in the vehicle
21at the time of the crash capable of doing so, that occupant
22must give notice as required in Subsection (a).
23    (c) The Secretary of State shall suspend the driver's
24license or any nonresident driving privilege of any person who
25fails or neglects to report a crash as required by any other
26law of this State.

 

 

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1(Source: P.A. 102-982, eff. 7-1-23.)
 
2    (625 ILCS 5/11-414)  (from Ch. 95 1/2, par. 11-414)
3    (Text of Section before amendment by P.A. 102-982)
4    Sec. 11-414. Department to tabulate and analyze motor
5vehicle accident reports. The Department shall tabulate and
6may analyze all written motor vehicle accident reports
7received in compliance with this Code and shall publish
8annually or at more frequent intervals motor vehicle accident
9data. The Department:
10        1. (blank);
11        2. shall, upon written request, make available to the
12    public motor vehicle accident data that shall be
13    distributed under Sections 11-412 and 11-417 of this Code;
14        3. may conduct special investigations of motor vehicle
15    accidents and may solicit supplementary reports from
16    drivers, owners, police departments, sheriffs, coroners,
17    or any other individual. Failure of any individual to
18    submit a supplementary report subjects such individual to
19    the same penalties for failure to report as designated
20    under Section 11-406.
21(Source: P.A. 100-96, eff. 1-1-18.)
 
22    (Text of Section after amendment by P.A. 102-982)
23    Sec. 11-414. Department to tabulate and analyze motor
24vehicle crash reports. The Department shall tabulate and may

 

 

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1analyze all written motor vehicle crash reports received in
2compliance with this Code and shall publish annually or at
3more frequent intervals motor vehicle crash data. The
4Department:
5        1. (blank);
6        2. shall, upon written request, make available to the
7    public motor vehicle crash data that shall be distributed
8    under Sections 11-412 and 11-417 of this Code;
9        3. may conduct special investigations of motor vehicle
10    crashes and may solicit supplementary reports from
11    drivers, owners, police departments, sheriffs, coroners,
12    or any other individual. Failure of any individual to
13    submit a supplementary report subjects such individual to
14    the same penalties for failure to report as designated
15    under Section 11-407 11-406.
16(Source: P.A. 102-982, eff. 7-1-23.)
 
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.