93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4027

 

Introduced 1/14/2004, by William Delgado, Brandon W. Phelps, Deborah L. Graham

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-401   from Ch. 95 1/2, par. 11-401

    Amends the Illinois Vehicle Code. Provides that a person who fails to remain at the scene of an accident involving personal injury or death to render aid as required is guilty of a Class 4 felony (rather than a Class A misdemeanor). Shortens from one hour to one-half hour the time in which a person who has failed to remain at the scene of the accident must report the accident at a police station or sheriff's office. Provides that a person who failed to remain at the scene as required and failed to report the accident within one-half hour of its occurrence, or within one-half hour of his or her release from the hospital if he or she had been hospitalized and incapacitated from reporting during the one-half hour after the occurrence, is guilty of a Class 3 (rather than a Class 4) felony if the accident does not result in the death of any person. Deletes language providing that a report made within the one hour time limit may not be used as a basis for a prosecution for failing to remain at the accident scene as required.


LRB093 15069 DRH 41905 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4027 LRB093 15069 DRH 41905 b

1     AN ACT concerning vehicles.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 11-401 as follows:
 
6     (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
7     Sec. 11-401. Motor vehicle accidents involving death or
8 personal injuries.
9     (a) The driver of any vehicle involved in a motor vehicle
10 accident resulting in personal injury to or death of any person
11 shall immediately stop such vehicle at the scene of such
12 accident, or as close thereto as possible and shall then
13 forthwith return to, and in every event shall remain at the
14 scene of the accident until the requirements of Section 11-403
15 have been fulfilled. Every such stop shall be made without
16 obstructing traffic more than is necessary.
17     (b) Any person who has failed to stop or to comply with the
18 requirements of paragraph (a) shall, as soon as possible but in
19 no case later than one-half one hour after such motor vehicle
20 accident, or, if hospitalized and incapacitated from reporting
21 at any time during such period, as soon as possible but in no
22 case later than one-half one hour after being discharged from
23 the hospital, report the place of the accident, the date, the
24 approximate time, the driver's name and address, the
25 registration number of the vehicle driven, and the names of all
26 other occupants of such vehicle, at a police station or
27 sheriff's office near the place where such accident occurred.
28 No report made as required under this paragraph shall be used,
29 directly or indirectly, as a basis for the prosecution of any
30 violation of paragraph (a).
31     For purposes of this Section, personal injury shall mean
32 any injury requiring immediate professional treatment in a

 

 

HB4027 - 2 - LRB093 15069 DRH 41905 b

1 medical facility or doctor's office.
2     (c) Any person failing to comply with paragraph (a) shall
3 be guilty of a Class 4 felony Class A misdemeanor.
4     (d) Any person failing to comply with paragraph (b) is
5 guilty of a Class 3 Class 4 felony if the motor vehicle
6 accident does not result in the death of any person. Any person
7 failing to comply with paragraph (b) when the accident results
8 in the death of any person is guilty of a Class 2 felony, for
9 which the person, if sentenced to a term of imprisonment, shall
10 be sentenced to a term of not less than 3 years and not more
11 than 14 years.
12     (e) The Secretary of State shall revoke the driving
13 privilege of any person convicted of a violation of this
14 Section.
15 (Source: P.A. 90-543, eff. 12-1-97.)