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| | 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.
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| 3 | | Be it enacted by the People of the State of Illinois,
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| 4 | | represented in the General Assembly:
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| 5 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 6 | | Section 11-401 as follows:
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| 7 | | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
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| 8 | | Sec. 11-401. Motor vehicle accidents involving death or |
| 9 | | personal injuries.
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| 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
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| 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.
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| 18 | | (b) Any person who has failed to stop or to comply with the
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| 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
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| 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,
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| 7 | | directly or indirectly, as a basis for the prosecution of any
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| 8 | | violation of paragraph (a).
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| 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.
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| 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.
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| 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.
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| 4 | | (d) Any person failing to comply with paragraph (b) is
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| 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.
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| 11 | | (e) The Secretary of State shall revoke the driving |
| 12 | | privilege of any person
convicted of a violation of this |
| 13 | | Section.
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| 14 | | (Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11.)
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