Full Text of SB1005 95th General Assembly
SB1005eng 95TH GENERAL ASSEMBLY
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SB1005 Engrossed |
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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 | 3 |
| may be referred to as Judee's Law; therefore | 4 |
| Be it enacted by the People of the State of Illinois, | 5 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 7 |
| 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 | 10 |
| personal injuries.
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| (a) The driver of any vehicle involved in a motor vehicle | 12 |
| accident
resulting in personal injury to or death of any person | 13 |
| shall immediately stop
such vehicle at the scene of such | 14 |
| accident, or as close thereto as possible
and shall then | 15 |
| 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 | 17 |
| have been
fulfilled. Every such stop shall be made without | 18 |
| 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 | 21 |
| no case
later than one-half hour after such motor
vehicle | 22 |
| 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 | 2 |
| 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 | 4 |
| approximate time,
the
driver's name and address, the | 5 |
| registration number of the vehicle
driven, and the names of all | 6 |
| other occupants of
such vehicle, at a police station or | 7 |
| sheriff's office near the place where
such accident occurred. | 8 |
| 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 | 12 |
| subject to chemical testing of his or her blood, breath, or | 13 |
| urine for the presence of alcohol, other drug or drugs, | 14 |
| intoxicating compound or compounds, or any combination | 15 |
| thereof, as provided in Section 11-501.1, if the testing occurs | 16 |
| within 12 hours of the time of the occurrence of the accident | 17 |
| that led to his or her arrest. The person's driving privileges | 18 |
| are subject to statutory summary suspension under Section | 19 |
| 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 | 21 |
| any injury
requiring immediate professional treatment in a | 22 |
| medical facility or
doctor's office.
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| (c) Any person failing to comply with paragraph (a) shall | 24 |
| 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 | 2 |
| comply with paragraph (b)
when the accident results in the | 3 |
| death of
any person is guilty of a Class 1
2
felony , for which | 4 |
| the person, if
sentenced to a term of imprisonment, shall be | 5 |
| sentenced to a term of not less
than 3 years and not more than | 6 |
| 14 years .
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| (e) The Secretary of State shall revoke the driving | 8 |
| privilege of any person
convicted of a violation of this | 9 |
| Section.
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| (Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)
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