Illinois General Assembly - Full Text of HB5100
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Full Text of HB5100  102nd General Assembly

HB5100 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5100

 

Introduced 1/27/2022, by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/7-201  from Ch. 95 1/2, par. 7-201
625 ILCS 5/7-201.1  from Ch. 95 1/2, par. 7-201.1
625 ILCS 5/11-404  from Ch. 95 1/2, par. 11-404
625 ILCS 5/11-407  from Ch. 95 1/2, par. 11-407
625 ILCS 5/11-414  from Ch. 95 1/2, par. 11-414

    Amends the Illinois Vehicle Code. Provides that the driver of a vehicle that is in any manner involved in an accident within this State, resulting in injury to or the death of any person, or in which damage to the property of any one person, including that of the driver, in excess of certain amounts is sustained, or of a vehicle that is in any manner involved in an accident in this State that involves a school bus, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, or that is involved in an accident that occurs within 50 feet of a school bus in this State resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus, shall, if no police officer is present, give notice of the accident by the fastest available means of communication to the local police department if such accident occurs within a municipality or otherwise to the nearest office of the county sheriff or nearest headquarters of the Illinois State Police. Provides that the Secretary of State shall suspend the driver's license or any nonresident driving privilege of any person who fails or neglects to report a traffic accident as required by law. Makes corresponding changes.


LRB102 25111 RAM 34373 b

 

 

A BILL FOR

 

HB5100LRB102 25111 RAM 34373 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 7-201, 7-201.1, 11-404, 11-407, and 11-414
6as follows:
 
7    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
8    Sec. 7-201. Application of Article II. The Administrator
9as soon as practicable after the receipt of the report,
10required to be filed under Section 11-407 Sections 11-406 and
1111-410, of a motor vehicle accident occurring within this
12State and that has resulted in bodily injury or death of any
13person or that damage to the property of any one person in
14excess of $1,500 (or $500 if any of the vehicles involved in
15the accident is subject to Section 7-601 but is not covered by
16a liability insurance policy in accordance with Section 7-601)
17was sustained, shall determine:
18        1. Whether Section 7-202 of this Code requires the
19    deposit of security by or on behalf of any person who was
20    the operator or owner of any motor vehicle in any manner
21    involved in the accident; and
22        2. What amount of security shall be sufficient to
23    satisfy any potential judgment or judgments for money

 

 

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1    damages resulting from the accident as may be recovered
2    against the operator or owner, which amount shall in no
3    event be less than $1,500 (or $500 if any of the vehicles
4    involved in the accident is subject to Section 7-601 but
5    is not covered by a liability insurance policy in
6    accordance with Section 7-601).
7(Source: P.A. 95-754, eff. 1-1-09.)
 
8    (625 ILCS 5/7-201.1)  (from Ch. 95 1/2, par. 7-201.1)
9    Sec. 7-201.1. If the Administrator has not received a
10report required to be filed under Section 11-407 Sections
1111-406 and 11-410, or if the information contained in a report
12is insufficient, the Administrator shall send to the person
13required to file the report a written request for the missing
14report or the missing information. The Administrator shall
15send such request no later than 45 days after the accident or 7
16days after receiving information that such accident has
17occurred, whichever is later.
18    If the request is sent to a driver involved in an accident,
19the request or an attachment thereto shall contain in bold
20print a warning that failure to comply with the request within
2115 days may result in the suspension of the driver's license.
22(Source: P.A. 84-797.)
 
23    (625 ILCS 5/11-404)  (from Ch. 95 1/2, par. 11-404)
24    Sec. 11-404. Duty upon damaging unattended vehicle or

 

 

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1other property.
2    (a) The driver of any vehicle which collides with or is
3involved in a motor vehicle accident with any vehicle which is
4unattended, or other property, resulting in any damage to such
5other vehicle or property shall immediately stop and shall
6then and there either locate and notify the operator or owner
7of such vehicle or other property of the driver's name,
8address, registration number and owner of the vehicle the
9driver was operating or shall attach securely in a conspicuous
10place on or in the vehicle or other property struck a written
11notice giving the driver's name, address, registration number
12and owner of the vehicle the driver was driving and shall
13without unnecessary delay notify the nearest office of a duly
14authorized police authority and shall make a written report of
15such accident when and as required in Section 11-407 11-406.
16Every such stop shall be made without obstructing traffic more
17than is necessary. If a damaged vehicle is obstructing traffic
18lanes, the driver of the vehicle must make every reasonable
19effort to move the vehicle or have it moved so as not to block
20the traffic lanes.
21    (b) Any person failing to comply with this Section shall
22be guilty of a Class A misdemeanor.
23    (c) If any peace officer or highway authority official
24finds (i) a vehicle standing upon a highway or toll highway in
25violation of a prohibition, limitation, or restriction on
26stopping, standing, or parking imposed under this Code or (ii)

 

 

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1a disabled vehicle that obstructs the roadway of a highway or
2toll highway, the peace officer or highway authority official
3is authorized to move the vehicle or to require the operator of
4the vehicle to move the vehicle to the shoulder of the road, to
5a position where parking is permitted, or to public parking or
6storage premises. The removal may be performed by, or under
7the direction of, the peace officer or highway authority
8official or may be contracted for by local authorities. After
9the vehicle has been removed, the peace officer or highway
10authority official shall follow appropriate procedures, as
11provided in Section 4-203 of this Code.
12    (d) A towing service, its officers, and its employees are
13not liable for loss of or damages to any real or personal
14property that occurs as the result of the removal or towing of
15any vehicle under subsection (c), as provided in subsection
16(b) of Section 4-213.
17(Source: P.A. 95-407, eff. 1-1-08.)
 
18    (625 ILCS 5/11-407)  (from Ch. 95 1/2, par. 11-407)
19    Sec. 11-407. Immediate notice of accident.
20    (a) The driver of a vehicle which is in any manner involved
21in an accident within this State, resulting in injury to or the
22death of any person, or in which damage to the property of any
23one person, including that of the driver, is sustained in
24excess of $1,500 (or $500 if any of the vehicles involved in
25the accident is subject to Section 7-601 but is not covered by

 

 

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1a liability insurance policy in accordance with Section
27-601), or of a vehicle that is in any manner involved in an
3accident in this State that involves a school bus, caused by a
4collision, a sudden stop, or otherwise, resulting in any
5property damage, personal injury, or death, or that is
6involved in an accident that occurs within 50 feet of a school
7bus in this State and resulting in personal injury to or the
8death of any person while awaiting or preparing to board the
9bus or immediately after exiting the bus, described in Section
1011-406 of this Chapter shall, if no police officer is present,
11give notice of the accident by the fastest available means of
12communication to the local police department if such accident
13occurs within a municipality or otherwise to the nearest
14office of the county sheriff or nearest headquarters of the
15Illinois State Police.
16    (b) Whenever the driver of a vehicle is physically
17incapable of giving immediate notice of an accident as
18required in Subsection (a) and there was another occupant in
19the vehicle at the time of the accident capable of doing so,
20that occupant must give notice as required in Subsection (a).
21    (c) The Secretary of State shall suspend the driver's
22license or any nonresident driving privilege of any person who
23fails or neglects to report a traffic accident as required by
24any other law of this State.
25(Source: P.A. 76-2163.)
 

 

 

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1    (625 ILCS 5/11-414)  (from Ch. 95 1/2, par. 11-414)
2    Sec. 11-414. Department to tabulate and analyze motor
3vehicle accident reports. The Department shall tabulate and
4may analyze all written motor vehicle accident reports
5received in compliance with this Code and shall publish
6annually or at more frequent intervals motor vehicle accident
7data. The Department:
8        1. (blank);
9        2. shall, upon written request, make available to the
10    public motor vehicle accident data that shall be
11    distributed under Sections 11-412 and 11-417 of this Code;
12        3. may conduct special investigations of motor vehicle
13    accidents and may solicit supplementary reports from
14    drivers, owners, police departments, sheriffs, coroners,
15    or any other individual. Failure of any individual to
16    submit a supplementary report subjects such individual to
17    the same penalties for failure to report as designated
18    under Section 11-407 11-406.
19(Source: P.A. 100-96, eff. 1-1-18.)