97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3926

 

Introduced 11/14/2012, by Sen. Dan Duffy

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-401  from Ch. 95 1/2, par. 11-401

    Amends the Illinois Vehicle Code. Provides that a person who has failed to stop as required after an accident shall return and make a report of the accident at a police station near the scene of the accident no later than 48 hours (instead of one-half hour) after the accident occurred. Provides that a person who fails to stop after an accident that resulted in the death of a person is guilty of a Class 1 felony and shall be sentenced to a mandatory term of imprisonment of not less than 10 years. Provides that a person who fails to return within 48 hours and report an accident which resulted in a fatality shall be sentenced to a mandatory term of imprisonment of not less than 20 years.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation, which may be referred to
2as Gabby's Law.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Illinois Vehicle Code is amended by changing
6Section 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
9personal injuries.
10    (a) The driver of any vehicle involved in a motor vehicle
11accident resulting in personal injury to or death of any person
12shall immediately stop such vehicle at the scene of such
13accident, or as close thereto as possible and shall then
14forthwith return to, and in every event shall remain at the
15scene of the accident until the requirements of Section 11-403
16have been fulfilled. Every such stop shall be made without
17obstructing traffic more than is necessary.
18    (b) Any person who has failed to stop or to comply with the
19requirements of paragraph (a) shall, as soon as possible but in
20no case later than 48 hours one-half hour after such motor
21vehicle accident, or, if hospitalized and incapacitated from
22reporting at any time during such period, as soon as possible
23but in no case later than 48 hours one-half hour after being

 

 

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1discharged from the hospital, report the place of the accident,
2the date, the approximate time, the driver's name and address,
3the registration number of the vehicle driven, and the names of
4all other occupants of such vehicle, at a police station or
5sheriff's office near the place where such accident occurred.
6No report made as required under this paragraph shall be used,
7directly or indirectly, as a basis for the prosecution of any
8violation of paragraph (a).
9    (b-1) Any person arrested for violating this Section is
10subject to chemical testing of his or her blood, breath, or
11urine for the presence of alcohol, other drug or drugs,
12intoxicating compound or compounds, or any combination
13thereof, as provided in Section 11-501.1, if the testing occurs
14within 12 hours of the time of the occurrence of the accident
15that led to his or her arrest. The person's driving privileges
16are subject to statutory summary suspension under Section
1711-501.1 if he or she fails testing or statutory summary
18revocation under Section 11-501.1 if he or she refuses to
19undergo the testing.
20    For purposes of this Section, personal injury shall mean
21any injury requiring immediate professional treatment in a
22medical facility or doctor's office.
23    (c) Any person failing to comply with paragraph (a) shall
24be guilty of a Class 4 felony if the motor vehicle accident
25does not result in the death of a person. A person failing to
26comply with paragraph (a) when the accident results in the

 

 

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1death of a person is guilty of a Class 1 felony and shall be
2sentenced to a mandatory term of imprisonment of not less than
310 years.
4    (d) Any person failing to comply with paragraph (b) is
5guilty of a Class 2 felony if the motor vehicle accident does
6not result in the death of any person. Any person failing to
7comply with paragraph (b) when the accident results in the
8death of any person is guilty of a Class 1 felony and shall be
9sentenced to a mandatory term of imprisonment of not less than
1020 years.
11    (e) The Secretary of State shall revoke the driving
12privilege of any person convicted of a violation of this
13Section.
14(Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11.)