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91_SB0095 LRB9101682KSks 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 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 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 knowingly involved in a 11 motor vehicle accident, regardless of the driver's knowledge 12 that the accident resultedresultingin personal injury to or 13 death of any person, shall immediately stop such vehicle at 14 the scene of such accident, or as close thereto as possible 15 and shall then forthwith return to, and in every event shall 16 remain at the scene of the accident until the requirements of 17 Section 11-403 have been fulfilled. The driver of any vehicle 18 knowingly involved in a motor vehicle accident shall take 19 reasonable steps to ascertain whether the accident resulted 20 in personal injury or death of any person. Every such stop 21 shall be made without obstructing traffic more than is 22 necessary. 23 (b) Any person who has failed to stop or to comply with 24 the requirements of paragraph (a) shall, as soon as possible 25 but in no case later than one hour after such motor vehicle 26 accident, or, if hospitalized and incapacitated from 27 reporting at any time during such period, as soon as possible 28 but in no case later than one hour after being discharged 29 from the hospital, report the place of the accident, the 30 date, the approximate time, the driver's name and address, -2- LRB9101682KSks 1 the registration number of the vehicle driven, and the names 2 of all other occupants of such vehicle, at a police station 3 or sheriff's office near the place where such accident 4 occurred. No report made as required under this paragraph 5 shall be used, directly or indirectly, as a basis for the 6 prosecution of any violation of paragraph (a). 7 For purposes of this Section, personal injury shall mean 8 any injury requiring immediate professional treatment in a 9 medical facility or doctor's office. 10 (c) Any person failing to comply with paragraph (a) 11 shall be guilty of a Class A misdemeanor. 12 (d) Any person failing to comply with paragraph (b) is 13 guilty of a Class 4 felony if the motor vehicle accident does 14 not result in the death of any person. Any person failing to 15 comply with paragraph (b) when the accident results in the 16 death of any person is guilty of a Class 2 felony, for which 17 the person, if sentenced to a term of imprisonment, shall be 18 sentenced to a term of not less than 3 years and not more 19 than 14 years. 20 (e) The Secretary of State shall revoke the driving 21 privilege of any person convicted of a violation of this 22 Section. 23 (Source: P.A. 90-543, eff. 12-1-97.)