Sen. Ira I. Silverstein

Filed: 3/22/2007

 

 


 

 


 
09500SB1005sam001 LRB095 05879 RLC 34353 a

1
AMENDMENT TO SENATE BILL 1005

2     AMENDMENT NO. ______. Amend Senate Bill 1005 in the title
3 by inserting ", which may be referred to as Judee's Law" after
4 "law"; and
 
5 by replacing everything after the enacting clause with the
6 following:
 
7     "Section 5. The Illinois Vehicle Code is amended by
8 changing Section 11-401 as follows:
 
9     (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
10     Sec. 11-401. Motor vehicle accidents involving death or
11 personal injuries.
12     (a) The driver of any vehicle involved in a motor vehicle
13 accident resulting in personal injury to or death of any person
14 shall immediately stop such vehicle at the scene of such
15 accident, or as close thereto as possible and shall then

 

 

09500SB1005sam001 - 2 - LRB095 05879 RLC 34353 a

1 forthwith return to, and in every event shall remain at the
2 scene of the accident until the requirements of Section 11-403
3 have been fulfilled. Every such stop shall be made without
4 obstructing traffic more than is necessary.
5     (b) Any person who has failed to stop or to comply with the
6 requirements of paragraph (a) shall, as soon as possible but in
7 no case later than one-half hour after such motor vehicle
8 accident, or, if hospitalized and incapacitated from reporting
9 at any time during such period, as soon as possible but in no
10 case later than one-half hour after being discharged from the
11 hospital, report the place of the accident, the date, the
12 approximate time, the driver's name and address, the
13 registration number of the vehicle driven, and the names of all
14 other occupants of such vehicle, at a police station or
15 sheriff's office near the place where such accident occurred.
16 No report made as required under this paragraph shall be used,
17 directly or indirectly, as a basis for the prosecution of any
18 violation of paragraph (a).
19     (b-1) Any person arrested for violating this Section is
20 subject to chemical testing of his or her blood, breath, or
21 urine for the presence of alcohol, other drug or drugs,
22 intoxicating compound or compounds, or any combination
23 thereof, as provided in Section 11-501.1, if the testing occurs
24 within 12 hours of the time of the occurrence of the accident
25 that led to his or her arrest. The person's driving privileges
26 are subject to statutory summary suspension under Section

 

 

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1 11-501.1 if he or she fails or refuses to undergo the testing.
2     For purposes of this Section, personal injury shall mean
3 any injury requiring immediate professional treatment in a
4 medical facility or doctor's office.
5     (c) Any person failing to comply with paragraph (a) shall
6 be guilty of a Class 4 felony.
7     (d) Any person failing to comply with paragraph (b) is
8 guilty of a Class 2 3 felony if the motor vehicle accident does
9 not result in the death of any person. Any person failing to
10 comply with paragraph (b) when the accident results in the
11 death of any person is guilty of a Class 1 2 felony, for which
12 the person, if sentenced to a term of imprisonment, shall be
13 sentenced to a term of not less than 3 years and not more than
14 14 years.
15     (e) The Secretary of State shall revoke the driving
16 privilege of any person convicted of a violation of this
17 Section.
18 (Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)".