Full Text of SB3409 97th General Assembly
SB3409 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3409 Introduced 2/7/2012, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-402 | from Ch. 95 1/2, par. 11-402 |
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Amends the Illinois Vehicle Code. Provides that the driver of a vehicle involved in a motor vehicle accident
resulting only in damage to a vehicle may move 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
remain at that location until the driver has fulfilled the requirements of the Section of the Code concerning the duty to give information and render aid.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 11-402 as follows:
| 6 | | (625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
| 7 | | Sec. 11-402. Motor vehicle accident involving damage to | 8 | | vehicle. | 9 | | (a)
The driver of any vehicle involved in a motor vehicle | 10 | | accident
resulting only in damage to a vehicle which is driven | 11 | | or attended by any person shall
immediately stop such vehicle | 12 | | at the scene of such motor vehicle accident
or as close thereto | 13 | | as possible, but shall forthwith return to and in every event
| 14 | | shall remain at the scene of such motor vehicle accident until | 15 | | the
requirements of Section 11-403 have been fulfilled. A | 16 | | driver does not violate this Section if the driver moves the | 17 | | vehicle as soon as possible off the highway to the nearest safe | 18 | | location on an exit ramp shoulder, a frontage road, the nearest | 19 | | suitable cross street, or other suitable location that does not | 20 | | obstruct traffic and
remains at that location until the driver | 21 | | has fulfilled the requirements of Section 11-403. Every such | 22 | | stop
shall be made without obstructing traffic
more than is | 23 | | necessary. If a damaged vehicle is obstructing traffic lanes, |
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| 1 | | the driver of the vehicle must make every reasonable effort to | 2 | | move the vehicle or have it moved so as not to block the | 3 | | traffic lanes.
| 4 | | Any person failing to comply with this Section shall be | 5 | | guilty of a Class
A misdemeanor.
| 6 | | (b) Upon conviction of a violation of this Section, the | 7 | | court shall make
a finding as to whether the damage to a | 8 | | vehicle is in excess of $1,000,
and in such case a statement of | 9 | | this finding shall be reported to the Secretary
of State with | 10 | | the report of conviction as required by Section 6-204 of this
| 11 | | Code. Upon receipt of such report of conviction and statement | 12 | | of finding
that the damage to a vehicle is in excess of $1,000, | 13 | | the Secretary of State
shall suspend the driver's license or | 14 | | any nonresident's driving privilege. | 15 | | (c) If any peace officer or highway authority official | 16 | | finds (i) a vehicle standing upon a highway or toll highway in | 17 | | violation of a prohibition, limitation, or restriction on | 18 | | stopping, standing, or parking imposed under this Code or (ii) | 19 | | a disabled vehicle that obstructs the roadway of a highway or | 20 | | toll highway, the peace officer or highway authority official | 21 | | is authorized to move the vehicle or to require the operator of | 22 | | the vehicle to move the vehicle to the shoulder of the road, to | 23 | | a position where parking is permitted, or to public parking or | 24 | | storage premises. The removal may be performed by, or under the | 25 | | direction of, the peace officer or highway authority official | 26 | | or may be contracted for by local authorities. After the |
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| 1 | | vehicle has been removed, the peace officer or highway | 2 | | authority official shall follow appropriate procedures, as | 3 | | provided in Section 4-203 of this Code. | 4 | | (d) A towing service, its officers, and its employees are | 5 | | not liable for loss of or damages to any real or personal | 6 | | property that occurs as the result of the removal or towing of | 7 | | any vehicle under subsection (c), as provided in subsection (b) | 8 | | of Section 4-213.
| 9 | | (Source: P.A. 95-407, eff. 1-1-08.)
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