Illinois General Assembly - Full Text of Public Act 095-0347
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Public Act 095-0347




Public Act 095-0347
SB1005 Enrolled LRB095 05879 RLC 25970 b

    AN ACT concerning criminal law.
    WHEREAS, This amendatory Act of the 95th General Assembly
may be referred to as Judee's Law; therefore
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Vehicle Code is amended by changing
Section 11-401 as follows:
    (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
    Sec. 11-401. Motor vehicle accidents involving death or
personal injuries.
    (a) The driver of any vehicle involved in a motor vehicle
accident resulting in personal injury to or death of any person
shall immediately stop such vehicle at the scene of such
accident, or as close thereto as possible and shall then
forthwith return to, and in every event shall remain at the
scene of the accident until the requirements of Section 11-403
have been fulfilled. Every such stop shall be made without
obstructing traffic more than is necessary.
    (b) Any person who has failed to stop or to comply with the
requirements of paragraph (a) shall, as soon as possible but in
no case later than one-half hour after such motor vehicle
accident, or, if hospitalized and incapacitated from reporting
at any time during such period, as soon as possible but in no
case later than one-half hour after being discharged from the
hospital, report the place of the accident, the date, the
approximate time, the driver's name and address, the
registration number of the vehicle driven, and the names of all
other occupants of such vehicle, at a police station or
sheriff's office near the place where such accident occurred.
No report made as required under this paragraph shall be used,
directly or indirectly, as a basis for the prosecution of any
violation of paragraph (a).
    (b-1) Any person arrested for violating this Section is
subject to chemical testing of his or her blood, breath, or
urine for the presence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, as provided in Section 11-501.1, if the testing occurs
within 12 hours of the time of the occurrence of the accident
that led to his or her arrest. The person's driving privileges
are subject to statutory summary suspension under Section
11-501.1 if he or she fails or refuses to undergo the testing.
    For purposes of this Section, personal injury shall mean
any injury requiring immediate professional treatment in a
medical facility or doctor's office.
    (c) Any person failing to comply with paragraph (a) shall
be guilty of a Class 4 felony.
    (d) Any person failing to comply with paragraph (b) is
guilty of a Class 2 3 felony if the motor vehicle accident does
not result in the death of any person. Any person failing to
comply with paragraph (b) when the accident results in the
death of any person is guilty of a Class 1 2 felony, for which
the person, if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more than
14 years.
    (e) The Secretary of State shall revoke the driving
privilege of any person convicted of a violation of this
(Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)

Effective Date: 1/1/2008