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Public Act 095-0347
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| SB1005 Enrolled |
LRB095 05879 RLC 25970 b |
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AN ACT concerning criminal law.
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WHEREAS, This amendatory Act of the 95th General Assembly |
may be referred to as Judee's Law; therefore
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by 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 |
personal injuries.
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(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
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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.
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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 |
no case
later than one-half hour after such motor
vehicle |
accident, or, if hospitalized and incapacitated from reporting |
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at any
time during such period, as soon as possible but in no |
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 |
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,
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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 |
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.
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For purposes of this Section, personal injury shall mean |
any injury
requiring immediate professional treatment in a |
medical facility or
doctor's office.
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(c) Any person failing to comply with paragraph (a) shall |
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 |
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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.
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(e) The Secretary of State shall revoke the driving |
privilege of any person
convicted of a violation of this |
Section.
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(Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)
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