State of Illinois
91st General Assembly
Legislation

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91_HB1184

 
                                              LRB9101624KSsbA

 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 11-403 and 11-407.

 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 11-403 and 11-407 as follows:

 7        (625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)
 8        Sec. 11-403. Duty to give information and render aid.
 9        (a)  The  driver  of  any  vehicle  involved  in  a motor
10    vehicle accident resulting in  injury  to  or  death  of  any
11    person  or  damage to any vehicle which is driven or attended
12    by  any  person  shall  give  the  driver's  name,   address,
13    registration  number  and  owner of the vehicle the driver is
14    operating and shall upon request  and  if  available  exhibit
15    such  driver's  license to the person struck or the driver or
16    occupant of or person attending any  vehicle  collided  with.
17    and    If there is no person entitled to information pursuant
18    to this subsection in a condition to receive  and  understand
19    the information and no police officer is present, the driver,
20    after  rendering    reasonable  assistance, shall immediately
21    report the motor vehicle accident at the nearest office of  a
22    duly  authorized police authority, disclosing the information
23    required by this subsection.  A person failing to comply with
24    this subsection is guilty of a Class A misdemeanor.
25        (b)  The driver and any passenger of a  vehicle  involved
26    in  a motor vehicle accident resulting in the injury or death
27    of a person shall  render  to  any  person  injured  in  such
28    accident reasonable assistance, including the carrying or the
29    making  of  arrangements for the carrying of such person to a
30    physician,  surgeon  or  hospital  for  medical  or  surgical
31    treatment, if it is apparent that such treatment is necessary
 
                            -2-               LRB9101624KSsbA
 1    or if such carrying is requested by the injured  person.    A
 2    person failing to comply with this subsection shall be guilty
 3    of a Class A misdemeanor.
 4        If  none  of the persons entitled to information pursuant
 5    to this Section is in condition  to  receive  and  understand
 6    such  information  and  no  police  officer  is present, such
 7    driver after rendering reasonable assistance shall  forthwith
 8    report such motor vehicle accident at the nearest office of a
 9    duly  authorized police authority, disclosing the information
10    required by this Section.
11        Any person failing to comply with this Section  shall  be
12    guilty of a Class A misdemeanor.
13        (c)  Whenever  a  driver, passenger, or other participant
14    is involved in a  one-vehicle  accident    resulting  in  the
15    injury  or  death  of  a person and the driver, passenger, or
16    other  participant  is    medically  capable   of   rendering
17    reasonable  assistance  to the person or persons injured as a
18    result  of the accident, he or she  shall  render  reasonable
19    assistance  to  the  injured  person  or  persons.  A  person
20    failing to comply with this subsection shall be guilty  of  a
21    Class B misdemeanor.
22    (Source: P.A. 83-831.)

23        (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
24        Sec. 11-407.  Immediate notice of accident.
25        (a)  Except  as provided by subsection (c), (d), and (e),
26    the driver of a vehicle which is in any manner involved in an
27    accident described in Section 11-406 of this  Chapter  shall,
28    if  no police officer is present, give notice of the accident
29    by the fastest available means of communication to the  local
30    police   department   if   such   accident  occurs  within  a
31    municipality or otherwise to the nearest office of the county
32    sheriff or nearest headquarters of the Illinois State Police.
33        (b)  Whenever the  driver  of  a  vehicle  is  physically
 
                            -3-               LRB9101624KSsbA
 1    incapable  of  giving  immediate  notice  of  an  accident as
 2    required in Subsection (a) and there was another occupant  in
 3    the  vehicle at the time of the accident capable of doing so,
 4    that occupant must give notice as required in Subsection (a).
 5        (c)  Whenever a driver, passenger, or  other  participant
 6    is  involved  in  a  motor  vehicle accident resulting in the
 7    injury or death of  a  person,  has  immediate  access  to  a
 8    telecommunication   device,  and  is  capable  of  using  the
 9    telecommunication device, he or she shall immediately  report
10    the  accident  to the local police department if the accident
11    occurred within a municipality or otherwise  to  the  nearest
12    office  of  the county sheriff or nearest headquarters of the
13    Department of State Police.  A person failing to comply  with
14    this subsection shall be guilty of a Class B misdemeanor.
15        (d)  Whenever  a  driver, passenger, or other participant
16    is involved in a motor  vehicle  accident  resulting  in  the
17    injury  or  death  of  a  person,  has  immediate access to a
18    telecommunication  device,  and  is  capable  of  using   the
19    telecommunication  device, he or she shall immediately report
20    the accident to competent emergency  authorities  capable  of
21    making  a  rapid  response and rendering professional medical
22    assistance.  A person failing to comply with this  subsection
23    shall be guilty of a Class A misdemeanor.
24        (e)  Whenever  a  driver, passenger, or other participant
25    is involved in a  motor  vehicle  accident  resulting  in  an
26    injury  to  a  person  and  he or she does not have immediate
27    access to a telecommunication device or is incapable of using
28    a telecommunication device, he or she shall, in a  reasonably
29    prompt  time  after  the accident, make reasonable efforts to
30    locate a telephone and report the accident to the appropriate
31    legal authorities and emergency authorities capable of making
32    a  rapid  response   and   rendering   professional   medical
33    assistance.   A person failing to comply with this subsection
34    shall be guilty of a Class B misdemeanor.
 
                            -4-               LRB9101624KSsbA
 1        (f)  For purposes  of  this  Section,  "telecommunication
 2    device"  means  a  device  that  is portable or  which may be
 3    installed  in  a  motor  vehicle  and  which  is  capable  of
 4    receiving and transmitting  speech, data, signals,  or  other
 5    information,  including, but not limited to, cellular phones,
 6    mobile  phones, and two-way radios.
 7    (Source: P.A. 76-2163.)

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