State of Illinois
90th General Assembly
Legislation

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90_HB1445

      625 ILCS 5/6-208          from Ch. 95 1/2, par. 6-208
      625 ILCS 5/11-401         from Ch. 95 1/2, par. 11-401
          Amends the Illinois Vehicle Code.  Increases  the  period
      that   must  elapse  before  certain  persons  whose  driving
      privileges have been revoked may apply  for  a  new  driver's
      license.   Provides that a driver involved in a motor vehicle
      accident that results in death or personal injury must report
      the accident to the police as soon as possible but  no  later
      than  one  hour  after the accident instead of within 3 hours
      after the  accident.   If  the  driver  is  hospitalized  and
      incapacitated  the  accident  must  be  reported  as  soon as
      possible but in  no  case  later  than  one  hour  after  the
      driver's  discharge  from  the  hospital (instead of 48 hours
      after discharge).   Increases  the  penalty  for  failure  to
      report  a hit-and-run accident in which any person is killed,
      from a Class 4 to a Class 2 felony for which the driver shall
      be sentenced to a term of imprisonment of at  least  3  years
      and  not  more  than  14 years. Also makes technical changes.
      Effective immediately.
                                                     LRB9004902NTsb
                                               LRB9004902NTsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Sections 6-208 and 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 Sections 6-208 and 11-401 as follows:
 7        (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
 8        Sec.  6-208.  Period  of  Suspension  - Application After
 9    Revocation.
10        (a) Except as otherwise provided  by  this  Code  or  any
11    other  law  of  this  State, the Secretary of State shall not
12    suspend a driver's license, permit or privilege  to  drive  a
13    motor  vehicle  on the highways for a period of more than one
14    year.
15        (b)  Any person whose license,  permit  or  privilege  to
16    drive  a motor vehicle on the highways has been revoked shall
17    not be entitled to have such  license,  permit  or  privilege
18    renewed  or  restored.   However,  such person may, except as
19    provided  under  subsection  (d)  of  Section   6-205,   make
20    application  for  a  license pursuant to Section 6-106 if the
21    revocation was for a cause which has been removed or:
22        1.  Except as provided in subparagraphs 2  and  3,  after
23    the  expiration  of  one  year from the effective date of the
24    revocation or, in the case of a violation of paragraph (b) of
25    Section 11-401 of this Code or a similar provision of a local
26    ordinance, after the expiration of 3 years from the effective
27    date of the revocation or, in the  case  of  a  violation  of
28    Section  9-3  of  the  Criminal  Code of 1961 relating to the
29    offense of reckless homicide, after the expiration of 2 years
30    from the effective date of the revocation; or
31        2.  If such person is convicted of  committing  a  second
                            -2-                LRB9004902NTsb
 1    violation within a 20 year period of:
 2             -   Section  11-501  of  this  Code,  or  a  similar
 3        provision of a local ordinance; or
 4             - Paragraph (b) of Section 11-401 of this Code, or a
 5        similar provision of a local ordinance; or
 6             - Section 9-3 of  the  Criminal  Code  of  1961,  as
 7        amended, relating to the offense of reckless homicide; or
 8             - any combination of the above offenses committed at
 9        different instances;
10    then such person may not make application for a license until
11    after  the expiration of 5 3 years from the effective date of
12    the most recent revocation.  The  20  year  period  shall  be
13    computed  by  using the dates the offenses were committed and
14    shall also include similar out-of-state offenses.
15        3.  However, if such person is convicted of committing  a
16    third,  or  subsequent,  violation  or any combination of the
17    above  offenses,  including  similar  out-of-state  offenses,
18    contained in subparagraph 2, then such person  may  not  make
19    application  for a license until after the expiration of 10 6
20    years from the effective date of the most recent revocation.
21        Notwithstanding any other provision  of  this  Code,  all
22    persons  referred to in this paragraph (b) may not have their
23    privileges restored until the Secretary receives  payment  of
24    the  required reinstatement fee pursuant to subsection (b) of
25    Section 6-118.
26        In no event shall the Secretary issue such license unless
27    and until such person has had a hearing pursuant to this Code
28    and the appropriate administrative rules and the Secretary is
29    satisfied, after a review or investigation  of  such  person,
30    that to grant the privilege of driving a motor vehicle on the
31    highways will not endanger the public safety or welfare.
32    (Source: P.A. 89-156, eff. 1-1-96.)
33        (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
                            -3-                LRB9004902NTsb
 1        Sec.  11-401.  Motor vehicle accidents involving death or
 2    personal injuries.
 3        (a) The driver of any vehicle involved in a motor vehicle
 4    accident resulting in personal injury  to  or  death  of  any
 5    person  shall  immediately  stop such vehicle at the scene of
 6    such accident, or as close thereto as possible and shall then
 7    forthwith return to, and in every event shall remain  at  the
 8    scene  of  the  accident  until  the  requirements of Section
 9    11-403 have been fulfilled. Every such  stop  shall  be  made
10    without obstructing traffic more than is necessary.
11        (b)  Any  person who has failed to stop or to comply with
12    the said requirements of paragraph  (a)  shall,  as  soon  as
13    possible  but  in  no case later than one hour within 3 hours
14    after such motor vehicle accident, or,  if  hospitalized  and
15    incapacitated  from reporting at any time during such period,
16    as soon as possible but in no case later than one hour within
17    48 hours after being discharged from the hospital, report the
18    place of the accident, the date, the  approximate  time,  the
19    driver's  name  and  address,  the registration number of the
20    vehicle driven, and the names of all other occupants of  such
21    vehicle,  at  a  police  station or sheriff's office near the
22    place  where  such  accident  occurred.  No  report  made  as
23    required under this paragraph  shall  be  used,  directly  or
24    indirectly,  as  a basis for the prosecution of any violation
25    of paragraph (a).
26        For purposes of this Section, personal injury shall  mean
27    any  injury  requiring  immediate professional treatment in a
28    medical facility or doctor's office.
29        (c)  Any person failing to comply with paragraph  (a)  of
30    shall be guilty of a Class A misdemeanor.
31        (d)  Any  person  failing to comply with paragraph (b) is
32    shall be guilty of a Class 4  felony  if  the  motor  vehicle
33    accident  does  not  result  in  the death of any person. Any
34    person failing to comply with paragraph (b) when the accident
                            -4-                LRB9004902NTsb
 1    results in the death of any person is guilty  of  a  Class  2
 2    felony and shall be sentenced to a term of imprisonment of at
 3    least 3 years and not more than 14 years.
 4        (e)  The  Secretary  of  State  shall  revoke the driving
 5    privilege of any person convicted  of  a  violation  of  this
 6    Section.
 7    (Source: P.A. 84-272.)
 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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