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LRB095 05879 RLC 25970 b |
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| AN ACT concerning criminal law.
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| WHEREAS, This amendatory Act of the 95th General Assembly |
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| may be referred to as Judee's Law; therefore
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| 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 |
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| personal injuries.
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| (a) The driver of any vehicle involved in a motor vehicle |
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| accident
resulting in personal injury to or death of any person |
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| shall immediately stop
such vehicle at the scene of such |
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| accident, or as close thereto as possible
and shall then |
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| 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 |
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| have been
fulfilled. Every such stop shall be made without |
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| 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 |
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| no case
later than one-half hour after such motor
vehicle |
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| accident, or, if hospitalized and incapacitated from reporting |
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LRB095 05879 RLC 25970 b |
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| at any
time during such period, as soon as possible but in no |
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| 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 |
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| approximate time,
the
driver's name and address, the |
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| registration number of the vehicle
driven, and the names of all |
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| other occupants of
such vehicle, at a police station or |
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| sheriff's office near the place where
such accident occurred. |
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| 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 |
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| subject to chemical testing of his or her blood, breath, or |
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| urine for the presence of alcohol, other drug or drugs, |
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| intoxicating compound or compounds, or any combination |
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| thereof, as provided in Section 11-501.1, if the testing occurs |
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| within 12 hours of the time of the occurrence of the accident |
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| that led to his or her arrest. The person's driving privileges |
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| are subject to statutory summary suspension under Section |
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| 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 |
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| any injury
requiring immediate professional treatment in a |
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| medical facility or
doctor's office.
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| (c) Any person failing to comply with paragraph (a) shall |
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| 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 |
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LRB095 05879 RLC 25970 b |
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| not result in the death of any person.
Any person failing to |
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| comply with paragraph (b)
when the accident results in the |
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| death of
any person is guilty of a Class 1
2
felony, for which |
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| the person, if
sentenced to a term of imprisonment, shall be |
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| sentenced to a term of not less
than 3 years and not more than |
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| 14 years.
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| (e) The Secretary of State shall revoke the driving |
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| privilege of any person
convicted of a violation of this |
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| Section.
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| (Source: P.A. 93-684, eff. 1-1-05; 94-115, eff. 1-1-06.)
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