Full Text of HB5907 95th General Assembly
HB5907 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5907
Introduced , by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/7-201 |
from Ch. 95 1/2, par. 7-201 |
625 ILCS 5/7-204 |
from Ch. 95 1/2, par. 7-204 |
625 ILCS 5/7-212 |
from Ch. 95 1/2, par. 7-212 |
625 ILCS 5/7-301 |
from Ch. 95 1/2, par. 7-301 |
625 ILCS 5/11-406 |
from Ch. 95 1/2, par. 11-406 |
625 ILCS 5/11-406.1 new |
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Amends provisions of the Illinois Vehicle Code requiring a driver involved in an accident to forward a written accident report if the accident resulted in property damage in excess of $500. Changes the minimum property damage amount from $500 to $1,500. Provides for optional reporting of an accident resulting in property damage in excess of $500 but not more than $1,500. Makes corresponding changes in provisions regarding posting of security by certain drivers involved in accidents.
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A BILL FOR
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HB5907 |
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LRB095 14797 WGH 46339 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 | 5 |
| Sections 7-201, 7-204, 7-212, 7-301, and 11-406 and adding | 6 |
| Section 11-406.1 as follows:
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| (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
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| Sec. 7-201. Application of Article II. The Administrator as | 9 |
| soon as practicable after the receipt of the
report, required | 10 |
| to be filed under Sections 11-406 and 11-410, of a motor
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| vehicle accident occurring within this State and that has | 12 |
| resulted in
bodily injury or death of any person or that damage | 13 |
| to the property of
any one person in excess of $1,500 $500 was | 14 |
| sustained , and as soon as practicable after the receipt of a
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| report filed under Section 11-406.1 , shall determine:
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| 1. Whether Section 7-202 of this Code requires the | 17 |
| deposit of security by
or on behalf of any person who was | 18 |
| the operator or owner of any motor
vehicle in any manner | 19 |
| involved in the accident and;
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| 2. What amount of security shall be sufficient to | 21 |
| satisfy any potential
judgment or judgments for money | 22 |
| damages resulting from the accident as may
be recovered | 23 |
| against the operator or owner, which amount shall in no |
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HB5907 |
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LRB095 14797 WGH 46339 b |
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| event
be less than $1,500 (or $500 in the case of a
report | 2 |
| filed under Section 11-406.1) $500 .
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
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| Sec. 7-204. Form and amount of security - Definition.
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| (A) Any security required to be deposited under this Act | 7 |
| shall be in
the form as the Secretary of State may require by | 8 |
| administrative rule, and
in the amounts as the
Administrator | 9 |
| may determine to be sufficient to satisfy any judgment or
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| judgments for damages against an operator or owner but in no | 11 |
| case in excess
of the limits specified in Section 7-203 of this | 12 |
| Act in reference to the
acceptable limits of a policy or bond | 13 |
| nor for an amount less than $1,500 (or $500 in the case of a
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| report filed under Section 11-406.1) $500 .
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| (B) The person depositing security shall specify in writing | 16 |
| the person
or persons on whose behalf the deposit is made and, | 17 |
| while at any time the
deposit is in the custody of the | 18 |
| Secretary of State or State Treasurer, the
person depositing it | 19 |
| may, in writing, amend the specification of the person
or | 20 |
| persons on whose behalf the deposit is made to include an | 21 |
| additional
person or persons; provided, however, that a single | 22 |
| deposit of security
shall be applicable only on behalf of | 23 |
| persons, required to furnish security
because of the same | 24 |
| accident.
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| (C) Within 10 days after any security required under the |
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| provisions of
this Article is deposited with the Secretary of | 2 |
| State, the Secretary shall
send notice of the security deposit | 3 |
| to the following, if known:
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| 1. To each owner and operator of any vehicle involved | 5 |
| in the accident
that sustained damage in excess of $1,500 | 6 |
| (or $500 in the case of a
report filed under Section | 7 |
| 11-406.1) $500 ;
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| 2. To any person who sustained damage to personal or | 9 |
| real property in
excess of $1,500 (or $500 in the case of a
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| report filed under Section 11-406.1) $500 ;
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| 3. To any person who was injured as a result of the | 12 |
| accident; and
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| 4. To the estate of any person killed as a result of | 14 |
| the accident.
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
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| Sec. 7-212. Authority of Administrator and Secretary of | 18 |
| State to decrease
amount of
security. The Administrator may | 19 |
| reduce the amount of security ordered in any
case
within one | 20 |
| year after the date of the accident, but in no event for an
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| amount less than $1,500 (or $500 in the case of a
report filed | 22 |
| under Section 11-406.1) $500 , if, in the judgment of the | 23 |
| Administrator the amount
ordered is excessive, or may revoke or | 24 |
| rescind its order requiring the
deposit of security in any case | 25 |
| within one year after the date of the
accident if, in the |
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| judgment of the Administrator, the provisions of
Sections 7-202 | 2 |
| and 7-203 excuse or exempt the operator or owner from the
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| requirement of the deposit. In case the security originally | 4 |
| ordered has
been deposited the excess of the reduced amount | 5 |
| ordered shall be returned
to the depositor or his personal | 6 |
| representative forthwith, notwithstanding
the provisions of | 7 |
| Section 7-214. The Secretary of State likewise shall have
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| authority granted to the Administrator to reduce the amount of | 9 |
| security
ordered by the Administrator.
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/7-301) (from Ch. 95 1/2, par. 7-301)
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| Sec. 7-301. Application of Article III. The provisions of | 13 |
| this Article
requiring the deposit of proof of financial | 14 |
| responsibility for the future,
subject to certain exemptions, | 15 |
| shall apply with respect to persons whose
driver's license or | 16 |
| driving privileges have been revoked as provided by
this Code, | 17 |
| or who have failed to pay judgments amounting to $1,500 $500 or
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| more (or $500 or more in the case of a
report filed under | 19 |
| Section 11-406.1) as defined in Section 7-303.
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| (Source: P.A. 86-549; 87-829.)
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| (625 ILCS 5/11-406) (from Ch. 95 1/2, par. 11-406)
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| Sec. 11-406. Duty to report accident.
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| (a) The driver of a vehicle that is in any manner involved | 24 |
| in an
accident within this State, resulting in injury to or |
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| death of any
person, or in which damage to the property of any | 2 |
| one person, including
himself, in excess of $1,500 $500 is | 3 |
| sustained, shall, as soon as possible but
not later than 10 | 4 |
| days after the accident, forward a written report of
the | 5 |
| accident to the Administrator.
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| (b) Whenever a school bus is involved in an accident in | 7 |
| this State,
caused by a collision, a sudden stop or otherwise, | 8 |
| resulting in any
property damage, personal injury or death and | 9 |
| whenever an accident
occurs within 50 feet of a school bus in | 10 |
| this State resulting in
personal injury to or the death of any | 11 |
| person while awaiting or
preparing to board the bus or | 12 |
| immediately after exiting the bus, the
driver shall as soon as | 13 |
| possible but not later than 10 days after the
accident, forward | 14 |
| a written report to the Department of Transportation.
If a | 15 |
| report is also required under Subsection (a) of this Section, | 16 |
| that
report and the report required by this Subsection shall be | 17 |
| submitted on
a single form.
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| (c) The Administrator may require any driver, occupant or | 19 |
| owner of a
vehicle involved in an accident of which report must | 20 |
| be made as provided
in this Section or Section 11-410 of this | 21 |
| Chapter to file supplemental
reports whenever the original | 22 |
| report is insufficient in the opinion of
the Secretary of State | 23 |
| or the Administrator, and may require witnesses
of the accident | 24 |
| to submit written reports to the Administrator. The
report may | 25 |
| include photographs, charts, sketches, and graphs.
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| (d) Should the Administrator learn through other reports of
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| accidents required by law of the occurrence of an accident | 2 |
| reportable
under this Article and the driver, owner, or witness | 3 |
| has not reported as
required under Subsections (a), (b) or (c) | 4 |
| of this Section or Section
11-410, within the time specified, | 5 |
| the person is not relieved of the
responsibility and the | 6 |
| Administrator shall notify the person by first
class mail | 7 |
| directed to his last known address of his legal obligation.
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| However, the notification is not a condition precedent to | 9 |
| impose the
penalty for failure to report as provided in | 10 |
| Subsection (e).
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| (e) The Secretary of State shall suspend the driver's | 12 |
| license or any
non-resident's driving privilege of any person | 13 |
| who fails or neglects to
make report of a traffic accident as | 14 |
| required or as required by
any other law of this State.
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| (Source: P.A. 87-829.)
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| (625 ILCS 5/11-406.1 new)
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| Sec. 11-406.1. Optional reporting of accident. The driver | 18 |
| of a vehicle that is in any manner involved in an
accident | 19 |
| within this State in which damage to the property of any one | 20 |
| person, including
himself or herself, in excess of $500 but not | 21 |
| more than $1,500 is sustained, may,
not later than 10 days | 22 |
| after the accident, forward a written report of
the accident to | 23 |
| the Administrator.
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