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| Public Act 095-0347 |
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AN ACT concerning criminal law.
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WHEREAS, This amendatory Act of the 95th General Assembly | ||||
may be referred to as Judee's Law; therefore | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
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 | ||||
personal injuries.
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(a) The driver of any vehicle involved in a motor vehicle | ||||
accident
resulting in personal injury to or death of any person | ||||
shall immediately stop
such vehicle at the scene of such | ||||
accident, or as close thereto as possible
and shall then | ||||
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 | ||||
have been
fulfilled. Every such stop shall be made without | ||||
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 | ||||
no case
later than one-half hour after such motor
vehicle | ||||
accident, or, if hospitalized and incapacitated from reporting | ||||
at any
time during such period, as soon as possible but in no | ||
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 | ||
approximate time,
the
driver's name and address, the | ||
registration number of the vehicle
driven, and the names of all | ||
other occupants of
such vehicle, at a police station or | ||
sheriff's office near the place where
such accident occurred. | ||
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 | ||
subject to chemical testing of his or her blood, breath, or | ||
urine for the presence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, as provided in Section 11-501.1, if the testing occurs | ||
within 12 hours of the time of the occurrence of the accident | ||
that led to his or her arrest. The person's driving privileges | ||
are subject to statutory summary suspension under Section | ||
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 | ||
any injury
requiring immediate professional treatment in a | ||
medical facility or
doctor's office.
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(c) Any person failing to comply with paragraph (a) shall | ||
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 | ||
not result in the death of any person.
Any person failing to | ||
comply with paragraph (b)
when the accident results in the | ||
death of
any person is guilty of a Class 1
2
felony, for which | ||
the person, if
sentenced to a term of imprisonment, shall be | ||
sentenced to a term of not less
than 3 years and not more than | ||
14 years.
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(e) The Secretary of State shall revoke the driving | ||
privilege of any person
convicted of a violation of this | ||
Section.
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(Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)
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