Full Text of SB3926 097th General Assembly
SB3926 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3926 Introduced 11/14/2012, by Sen. Dan Duffy SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-401 | from Ch. 95 1/2, par. 11-401 |
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Amends the Illinois Vehicle Code. Provides that a person who has failed to stop as required after an accident shall return and make a report of the accident at a police station near the scene of the accident no later than 48 hours (instead of one-half hour) after the accident occurred. Provides that a person who fails to stop after an accident that resulted in the death of a person is guilty of a Class 1
felony and shall be sentenced to a mandatory term of imprisonment of not less than 10 years. Provides that a person who fails to return within 48 hours and report an accident which resulted in a fatality shall be sentenced to a mandatory term of imprisonment of not less than 20 years.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning transportation, which may be referred to | 2 | | as Gabby's Law.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 5. The Illinois Vehicle Code is amended by changing | 6 | | Section 11-401 as follows:
| 7 | | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| 8 | | Sec. 11-401. Motor vehicle accidents involving death or | 9 | | personal injuries.
| 10 | | (a) The driver of any vehicle involved in a motor vehicle | 11 | | accident
resulting in personal injury to or death of any person | 12 | | shall immediately stop
such vehicle at the scene of such | 13 | | accident, or as close thereto as possible
and shall then | 14 | | forthwith return to, and in every event shall remain at the
| 15 | | scene of the accident until the requirements of Section 11-403 | 16 | | have been
fulfilled. Every such stop shall be made without | 17 | | obstructing traffic more
than is necessary.
| 18 | | (b) Any person who has failed to stop or to comply with the
| 19 | | requirements of paragraph (a) shall, as soon as possible but in | 20 | | no case
later than 48 hours one-half hour after such motor
| 21 | | vehicle accident, or, if hospitalized and incapacitated from | 22 | | reporting at any
time during such period, as soon as possible | 23 | | but in no case later than 48 hours one-half
hour
after
being |
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| 1 | | discharged from the
hospital, report the place of the accident, | 2 | | the date, the approximate time,
the
driver's name and address, | 3 | | the registration number of the vehicle
driven, and the names of | 4 | | all other occupants of
such vehicle, at a police station or | 5 | | sheriff's office near the place where
such accident occurred. | 6 | | No report made as required under this paragraph shall be used,
| 7 | | directly or indirectly, as a basis for the prosecution of any
| 8 | | violation of paragraph (a).
| 9 | | (b-1) Any person arrested for violating this Section is | 10 | | subject to chemical testing of his or her blood, breath, or | 11 | | urine for the presence of alcohol, other drug or drugs, | 12 | | intoxicating compound or compounds, or any combination | 13 | | thereof, as provided in Section 11-501.1, if the testing occurs | 14 | | within 12 hours of the time of the occurrence of the accident | 15 | | that led to his or her arrest. The person's driving privileges | 16 | | are subject to statutory summary suspension under Section | 17 | | 11-501.1 if he or she fails testing or statutory summary | 18 | | revocation under Section 11-501.1 if he or she refuses to | 19 | | undergo the testing.
| 20 | | 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.
| 23 | | (c) Any person failing to comply with paragraph (a) shall | 24 | | be guilty of a Class 4 felony if the
motor vehicle accident | 25 | | does not result in the death of a person. A person failing to | 26 | | comply with paragraph (a)
when the accident results in the |
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| 1 | | death of
a person is guilty of a Class 1
felony and shall be | 2 | | sentenced to a mandatory term of imprisonment of not less than | 3 | | 10 years .
| 4 | | (d) Any person failing to comply with paragraph (b) is
| 5 | | guilty
of
a Class 2 felony if the
motor vehicle accident does | 6 | | not result in the death of any person.
Any person failing to | 7 | | comply with paragraph (b)
when the accident results in the | 8 | | death of
any person is guilty of a Class 1
felony and shall be | 9 | | sentenced to a mandatory term of imprisonment of not less than | 10 | | 20 years .
| 11 | | (e) The Secretary of State shall revoke the driving | 12 | | privilege of any person
convicted of a violation of this | 13 | | Section.
| 14 | | (Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11 .)
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