093_HB3892

                                     LRB093 13405 DRH 18714 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-401 as follows:

 6        (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
 7        Sec.  11-401.  Motor vehicle accidents involving death or
 8    personal injuries.
 9        (a)  The driver  of  any  vehicle  involved  in  a  motor
10    vehicle  accident resulting in personal injury to or death of
11    any person shall immediately stop such vehicle at  the  scene
12    of  such  accident, or as close thereto as possible and shall
13    then forthwith return to, and in every event shall remain  at
14    the  scene  of the accident until the requirements of Section
15    11-403 have been fulfilled. Every such  stop  shall  be  made
16    without obstructing traffic more than is necessary.
17        (b)  Any  person who has failed to stop or to comply with
18    the requirements of paragraph (a) shall, as soon as  possible
19    but  in no case later than one-half one hour after such motor
20    vehicle accident, or, if hospitalized and incapacitated  from
21    reporting at any time during such period, as soon as possible
22    but  in  no  case  later than one hour after being discharged
23    from the hospital, report the  place  of  the  accident,  the
24    date,  the  approximate  time, the driver's name and address,
25    the registration number of the vehicle driven, and the  names
26    of  all  other occupants of such vehicle, at a police station
27    or sheriff's  office  near  the  place  where  such  accident
28    occurred.  No  report  made  as required under this paragraph
29    shall be used, directly or indirectly, as  a  basis  for  the
30    prosecution of any violation of paragraph (a).
31        For  purposes of this Section, personal injury shall mean
 
                            -2-      LRB093 13405 DRH 18714 b
 1    any injury requiring immediate professional  treatment  in  a
 2    medical facility or doctor's office.
 3        (b-1)  Any  person  who  drives  or is in actual physical
 4    control of a motor vehicle upon the public highways  of  this
 5    State  shall  be deemed to have given consent, subject to the
 6    provisions of Section 11-501.2, to a chemical test  or  tests
 7    of blood, breath, or urine for the purpose of determining the
 8    content  of  alcohol,  other  drug  or drugs, or intoxicating
 9    compound or compounds  or  any  combination  thereof  in  the
10    person's  blood, if arrested for a violation of this Section.
11    The test or tests shall be administered at the  direction  of
12    the  arresting  officer. The law enforcement agency employing
13    the officer shall designate  which  of  the  tests  shall  be
14    administered.   A urine test may be administered even after a
15    blood or breath test or both has been administered.
16        (c)  Any person failing  to  comply  with  paragraph  (a)
17    shall be guilty of a Class 4 felony Class A misdemeanor.
18        (d)  Any  person  failing to comply with paragraph (b) is
19    guilty of a Class 3 4 felony if the  motor  vehicle  accident
20    does  not  result  in  the  death  of  any person. Any person
21    failing to  comply  with  paragraph  (b)  when  the  accident
22    results  in  the  death  of any person is guilty of a Class 2
23    felony, for which the person,  if  sentenced  to  a  term  of
24    imprisonment, shall be sentenced to a term of not less than 3
25    years and not more than 14 years.
26        (e)  The  Secretary  of  State  shall  revoke the driving
27    privilege of any person convicted  of  a  violation  of  this
28    Section.
29    (Source: P.A. 90-543, eff. 12-1-97.)