Public Act 097-0763
 
SB3409 EnrolledLRB097 19923 HEP 65213 b


  
    AN ACT concerning transportation.
  
 
    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 11-402 as follows:
 



    (625 ILCS 5/11-402)  (from Ch. 95 1/2, par. 11-402)



    Sec. 11-402. Motor vehicle accident involving damage to 
vehicle. 
    (a)
The driver of any vehicle involved in a motor vehicle 
accident
resulting only in damage to a vehicle which is driven 
or attended by any person shall
immediately stop such vehicle 
at the scene of such motor vehicle accident
or as close thereto 
as possible, but shall forthwith return to and in every event

shall remain at the scene of such motor vehicle accident until 
the
requirements of Section 11-403 have been fulfilled. A 
driver does not violate this Section if the driver moves the 
vehicle as soon as possible off the highway to the nearest safe 
location on an exit ramp shoulder, a frontage road, the nearest 
suitable cross street, or other suitable location that does not 
obstruct traffic and
     remains at that location until the driver 
has fulfilled the requirements of Section 11-403. Every such 
stop
shall be made without obstructing traffic
more than is 
necessary. If a damaged vehicle is obstructing traffic lanes, 
the driver of the vehicle must make every reasonable effort to 
move the vehicle or have it moved so as not to block the 
traffic lanes.
 

    Any person failing to comply with this Section shall be 
guilty of a Class
A misdemeanor.

    (b) Upon conviction of a violation of this Section, the 
court shall make
a finding as to whether the damage to a 
vehicle is in excess of $1,000,
and in such case a statement of 
this finding shall be reported to the Secretary
of State with 
the report of conviction as required by Section 6-204 of this

Code.  Upon receipt of such report of conviction and statement 
of finding
that the damage to a vehicle is in excess of $1,000, 
the Secretary of State
shall suspend the driver's license or 
any nonresident's driving privilege.
    (c) If  any peace officer or highway authority official 
finds (i) a vehicle standing upon a highway or toll highway in 
violation of a prohibition, limitation, or restriction on 
stopping, standing, or parking imposed under this Code or (ii) 
a disabled vehicle that obstructs the roadway of a highway or 
toll highway, the peace officer or highway authority official 
is authorized to move the vehicle or to require the operator of 
the vehicle to move the vehicle to the shoulder of the road, to 
a position where parking is permitted, or to public parking or 
storage premises. The removal may be performed by, or under the 
direction of, the peace officer or highway authority official 
or may be contracted for by local authorities. After the 
vehicle has been removed, the peace officer or highway 
authority official shall follow appropriate procedures, as 
provided in Section 4-203 of this Code.
    (d) A towing service, its officers, and its employees are 
not liable for loss of or damages to any real or personal 
property that occurs as the result of the removal or towing of 
any vehicle under subsection (c), as provided in subsection (b) 
of Section 4-213.


(Source: P.A. 95-407, eff. 1-1-08.)