SB2442 104TH GENERAL ASSEMBLY

LRB104 10398 LNS 20473 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2442

Introduced 2/7/2025, by Sen. Erica Harriss

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-401	from Ch. 95 1/2, par. 11-401
625 ILCS 5/11-402	from Ch. 95 1/2, par. 11-402
625 ILCS 5/11-403	from Ch. 95 1/2, par. 11-403
625 ILCS 5/11-404	from Ch. 95 1/2, par. 11-404

Amends the Illinois Vehicle Code. Provides that provisions related to crashes involving the death or personal injuries, crashes involving damage to vehicles, the duty to give information and render aid, and the duty upon damaging unattended vehicle or other property also apply to drivers of mopeds, low-speed electric bicycles, and low-speed gas bicycles.

A BILL FOR

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 Sections 11-401, 11-402, 11-403, and 11-404 as follows:

(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)

Sec. 11-401. Crash Motor vehicle crashes involving death or personal injuries.

(a) The driver of any vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle involved in a crash motor vehicle crashes resulting in personal injury to or death of any person shall immediately stop such vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle at the scene of such crash, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the crash 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 crash, 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 crash, the date, the approximate time, the driver's name and address, the registration number of the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle driven, and the names of all other occupants of such vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle, at a police station or sheriff's office near the place where such crash 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, other bodily substance, 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 crash 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 testing or statutory summary revocation under Section 11-501.1 if he or she 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 felony if the motor vehicle crash does not result in the death of any person. Any person failing to comply with paragraph (b) when the crash results in the death of any person is guilty of a Class 1 felony.

(e) The Secretary of State shall revoke the driving privilege of any person convicted of a violation of this Section.

(Source: P.A. 102-982, eff. 7-1-23.)

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

Sec. 11-402. Crash Motor vehicle crash involving damage to vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle.

(a) The driver of any vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle involved in a motor vehicle crash resulting only in damage to a vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle which is driven or attended by any person shall immediately stop such vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle at the scene of such motor vehicle crash or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle crash until the requirements of Section 11-403 have been fulfilled. A driver does not violate this Section if the driver moves the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle is obstructing traffic lanes, the driver of the vehicle , moped, low-speed electric bicycle, or low-speed gas bicycle must make every reasonable effort to move the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle or to require the operator of the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle to move the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle under subsection (c), as provided in subsection (b) of Section 4-213.

(Source: P.A. 102-982, eff. 7-1-23.)

(625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)

Sec. 11-403. Duty to give information and render aid. The driver of any vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle involved in a motor vehicle crash resulting in injury to or death of any person or damage to any vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle which is driven or attended by any person shall give the driver's name, address, registration number and owner of the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle the driver is operating and shall upon request and if available exhibit such driver's license to the person struck or the driver or occupant of or person attending any vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle collided with and shall render to any person injured in such crash reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon, or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

If none of the persons entitled to information pursuant to this Section is in condition to receive and understand such information and no police officer is present, such driver after rendering reasonable assistance shall forthwith report such motor vehicle crash at the nearest office of a duly authorized police authority, disclosing the information required by this Section.

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

(Source: P.A. 102-982, eff. 7-1-23.)

(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)

Sec. 11-404. Duty upon damaging unattended vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle or other property.

(a) The driver of any vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle which collides with or is involved in a motor vehicle crash with any vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle which is unattended, or other property, resulting in any damage to such other vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle or other property of the driver's name, address, registration number and owner of the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number and owner of the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such crash when and as required in Section 11-407. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle is obstructing traffic lanes, the driver of the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle must make every reasonable effort to move the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle or have it moved so as not to block the traffic lanes.

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

(c) If any peace officer or highway authority official finds (i) a vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle or to require the operator of the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle to move the vehicle, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle 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, moped, low-speed electric bicycle, or low-speed gas bicycle under subsection (c), as provided in subsection (b) of Section 4-213.

(Source: P.A. 102-982, eff. 7-1-23; 103-1047, eff. 1-1-25.)