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90_SB0772eng
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/11-401 from Ch. 95 1/2, par. 11-401
Amends the Illinois Vehicle Code. Increases the period
that must elapse before certain persons whose driving
privileges have been revoked may apply for a new driver's
license. Provides that a driver involved in a motor vehicle
accident that results in death or personal injury must report
the accident to the police as soon as possible but no later
than one hour after the accident instead of within 3 hours
after the accident. If the driver is hospitalized and
incapacitated the accident must be reported as soon as
possible but in no case later than one hour after the
driver's discharge from the hospital (instead of 48 hours
after discharge). Increases the penalty for failure to
report a hit-and-run accident in which any person is killed,
from a Class 4 to a Class 2 felony for which the driver shall
be sentenced to a term of imprisonment of at least 3 years
and not more than 14 years. Also makes technical changes.
Effective immediately.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-208 and 11-401.
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
6 changing Sections 6-208 and 11-401 as follows:
7 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
8 Sec. 6-208. Period of Suspension - Application After
9 Revocation.
10 (a) Except as otherwise provided by this Code or any
11 other law of this State, the Secretary of State shall not
12 suspend a driver's license, permit or privilege to drive a
13 motor vehicle on the highways for a period of more than one
14 year.
15 (b) Any person whose license, permit or privilege to
16 drive a motor vehicle on the highways has been revoked shall
17 not be entitled to have such license, permit or privilege
18 renewed or restored. However, such person may, except as
19 provided under subsection (d) of Section 6-205, make
20 application for a license pursuant to Section 6-106 if the
21 revocation was for a cause which has been removed or:
22 1. Except as provided in subparagraphs 2 and 3, after
23 the expiration of one year from the effective date of the
24 revocation or, in the case of a violation of paragraph (b) of
25 Section 11-401 of this Code or a similar provision of a local
26 ordinance, after the expiration of 3 years from the effective
27 date of the revocation or, in the case of a violation of
28 Section 9-3 of the Criminal Code of 1961 relating to the
29 offense of reckless homicide, after the expiration of 2 years
30 from the effective date of the revocation; or
31 2. If such person is convicted of committing a second
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1 violation within a 20 year period of:
2 - Section 11-501 of this Code, or a similar
3 provision of a local ordinance; or
4 - Paragraph (b) of Section 11-401 of this Code, or a
5 similar provision of a local ordinance; or
6 - Section 9-3 of the Criminal Code of 1961, as
7 amended, relating to the offense of reckless homicide; or
8 - any combination of the above offenses committed at
9 different instances;
10 then such person may not make application for a license until
11 after the expiration of 5 3 years from the effective date of
12 the most recent revocation. The 20 year period shall be
13 computed by using the dates the offenses were committed and
14 shall also include similar out-of-state offenses.
15 3. However, if such person is convicted of committing a
16 third, or subsequent, violation or any combination of the
17 above offenses, including similar out-of-state offenses,
18 contained in subparagraph 2, then such person may not make
19 application for a license until after the expiration of 10 6
20 years from the effective date of the most recent revocation.
21 Notwithstanding any other provision of this Code, all
22 persons referred to in this paragraph (b) may not have their
23 privileges restored until the Secretary receives payment of
24 the required reinstatement fee pursuant to subsection (b) of
25 Section 6-118.
26 In no event shall the Secretary issue such license unless
27 and until such person has had a hearing pursuant to this Code
28 and the appropriate administrative rules and the Secretary is
29 satisfied, after a review or investigation of such person,
30 that to grant the privilege of driving a motor vehicle on the
31 highways will not endanger the public safety or welfare.
32 (Source: P.A. 89-156, eff. 1-1-96.)
33 (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
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1 Sec. 11-401. Motor vehicle accidents involving death or
2 personal injuries.
3 (a) The driver of any vehicle involved in a motor vehicle
4 accident resulting in personal injury to or death of any
5 person shall immediately stop such vehicle at the scene of
6 such accident, or as close thereto as possible and shall then
7 forthwith return to, and in every event shall remain at the
8 scene of the accident until the requirements of Section
9 11-403 have been fulfilled. Every such stop shall be made
10 without obstructing traffic more than is necessary.
11 (b) Any person who has failed to stop or to comply with
12 the said requirements of paragraph (a) shall, as soon as
13 possible but in no case later than one hour within 3 hours
14 after such motor vehicle accident, or, if hospitalized and
15 incapacitated from reporting at any time during such period,
16 as soon as possible but in no case later than one hour within
17 48 hours after being discharged from the hospital, report the
18 place of the accident, the date, the approximate time, the
19 driver's name and address, the registration number of the
20 vehicle driven, and the names of all other occupants of such
21 vehicle, at a police station or sheriff's office near the
22 place where such accident occurred. No report made as
23 required under this paragraph shall be used, directly or
24 indirectly, as a basis for the prosecution of any violation
25 of paragraph (a).
26 For purposes of this Section, personal injury shall mean
27 any injury requiring immediate professional treatment in a
28 medical facility or doctor's office.
29 (c) Any person failing to comply with paragraph (a) of
30 shall be guilty of a Class A misdemeanor.
31 (d) Any person failing to comply with paragraph (b) is
32 shall be guilty of a Class 4 felony if the motor vehicle
33 accident does not result in the death of any person. Any
34 person failing to comply with paragraph (b) when the accident
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1 results in the death of any person is guilty of a Class 2
2 felony and shall be sentenced to a term of imprisonment of at
3 least 3 years and not more than 14 years.
4 (e) The Secretary of State shall revoke the driving
5 privilege of any person convicted of a violation of this
6 Section.
7 (Source: P.A. 84-272.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.