Illinois General Assembly - Illinois Compiled Statutes

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625 ILCS 45/6-1

(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)

Sec. 6-1.

Collisions, accidents, and casualties; reports.

A. The operator of a vessel involved in a collision, accident, or other
casualty, so far as he can without serious danger to his own vessel,
crew, passengers and guests, if any, shall render to other persons affected
by the collision, accident, or other casualty assistance as may be
practicable and as may be necessary in order to save them from or minimize
any danger caused by the collision, accident, or other casualty, and also
shall give his name, address, and identification of his vessel to any
person injured and to the owner of any property damaged in the collision,
accident, or other casualty.

If the collision, accident, or other casualty has resulted in the death of
or
personal injury to any person, failure to comply with this subsection A is a
Class A
misdemeanor.

A-1. Any person who has failed to stop or to comply with the
requirements of subsection A must, as soon as possible but in no case
later than one hour after
the collision, accident, or other casualty, or, if hospitalized and
incapacitated from reporting at any
time during that period, as soon as possible but in no case later than one
hour
after
being discharged from the
hospital, report the date, place, and approximate time
of the collision,
accident, or other casualty, the watercraft operator's name and address, the
identification number of the watercraft, if any, and the names of all other
occupants of the watercraft, at a police station or sheriff's office near the
location where the collision, accident, or other casualty occurred. A report
made as required under this subsection
A-1 may not be used, directly or indirectly, as a basis for the
prosecution of any violation of subsection A.

As used in this Section, personal injury means any injury requiring treatment beyond first aid.

Any person failing to comply with this subsection A-1 is
guilty
of
a Class 4 felony if the collision, accident, or other casualty
does not result in the death of any person.
Any person failing to comply with this subsection A-1
when the collision, accident, or other casualty results in the death of
any person is guilty of a Class 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.

B. In the case of collision, accident, or other casualty involving a
vessel, the operator, if the collision, accident, or other casualty
results in death or injury to a person or damage to property in excess of
$2000, or there is a complete loss of the vessel, shall file with the Department a full description of the collision,
accident, or other casualty, including information as the Department
may by regulation require.  Reports
of
the accidents must be filed with
the Department on a Department Accident Report form within 5 days.

C. Reports of accidents resulting
in personal injury, where a person
sustains an injury requiring medical attention beyond first aid, must be filed with the
Department on a Department Accident Report form within 5 days.
Accidents
that result in loss of life shall be reported to the Department on a
Department form within 48 hours.

D. All required
accident reports and supplemental reports are without
prejudice to the individual reporting, and are for the confidential use
of the Department, except that the Department may disclose the identity of
a person involved in an accident when the identity is not otherwise known
or when the person denies his presence at the accident.  No report
to the Department may be used as evidence in any trial, civil or criminal,
arising out of an
accident, except that the Department must furnish upon demand of any person
who has or claims to have made a report or upon demand of any court
a certificate showing that a specified accident report has or has not been
made to the Department solely to prove a compliance or a failure to comply
with the requirements that a report be made to the Department.

E. (1) Every coroner or medical examiner shall on or

before the 10th day of each month report in writing to the Department the circumstances surrounding the death of any person that has occurred as the result of a boating accident within the examiner's jurisdiction during the preceding calendar month.

(2) Within 6 hours after a death resulting from a

boating accident, but in any case not more than 12 hours after the occurrence of the boating accident, a blood specimen of at least 10 cc shall be withdrawn from the body of the decedent by the coroner or medical examiner or by a qualified person at the direction of the physician. All morticians shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this Section. The blood so drawn shall be forwarded to a laboratory approved by the Illinois State Police for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each analysis to the Department. The Department shall keep a record of all examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the Department.

(Source: P.A. 102-538, eff. 8-20-21.)