Full Text of SB1005 95th General Assembly
SB1005sam002 95TH GENERAL ASSEMBLY
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Sen. Ira I. Silverstein
Filed: 3/26/2007
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LRB095 05879 RLC 34561 a |
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| AMENDMENT TO SENATE BILL 1005
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| AMENDMENT NO. ______. Amend Senate Bill 1005 by inserting | 3 |
| immediately above the enacting clause the following: | 4 |
| "WHEREAS, This amendatory Act of the 95th General Assembly | 5 |
| may be referred to as Judee's Law; therefore"; and
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| by replacing everything after the enacting clause with the | 7 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by | 9 |
| 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 | 12 |
| personal injuries.
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| (a) The driver of any vehicle involved in a motor vehicle | 14 |
| accident
resulting in personal injury to or death of any person | 15 |
| shall immediately stop
such vehicle at the scene of such |
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LRB095 05879 RLC 34561 a |
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| accident, or as close thereto as possible
and shall then | 2 |
| 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 | 4 |
| have been
fulfilled. Every such stop shall be made without | 5 |
| 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 | 8 |
| no case
later than one-half hour after such motor
vehicle | 9 |
| accident, or, if hospitalized and incapacitated from reporting | 10 |
| at any
time during such period, as soon as possible but in no | 11 |
| 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 | 13 |
| approximate time,
the
driver's name and address, the | 14 |
| registration number of the vehicle
driven, and the names of all | 15 |
| other occupants of
such vehicle, at a police station or | 16 |
| sheriff's office near the place where
such accident occurred. | 17 |
| 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 | 21 |
| subject to chemical testing of his or her blood, breath, or | 22 |
| urine for the presence of alcohol, other drug or drugs, | 23 |
| intoxicating compound or compounds, or any combination | 24 |
| thereof, as provided in Section 11-501.1, if the testing occurs | 25 |
| within 12 hours of the time of the occurrence of the accident | 26 |
| that led to his or her arrest. The person's driving privileges |
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| are subject to statutory summary suspension under Section | 2 |
| 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 | 4 |
| any injury
requiring immediate professional treatment in a | 5 |
| medical facility or
doctor's office.
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| (c) Any person failing to comply with paragraph (a) shall | 7 |
| 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 | 10 |
| not result in the death of any person.
Any person failing to | 11 |
| comply with paragraph (b)
when the accident results in the | 12 |
| death of
any person is guilty of a Class 1
2
felony , for which | 13 |
| the person, if
sentenced to a term of imprisonment, shall be | 14 |
| sentenced to a term of not less
than 3 years and not more than | 15 |
| 14 years .
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| (e) The Secretary of State shall revoke the driving | 17 |
| privilege of any person
convicted of a violation of this | 18 |
| Section.
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| (Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)".
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