SB3926 97TH GENERAL ASSEMBLY

LRB097 21940 HEP 70658 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation, which may be referred to as Gabby's Law.

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

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

(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)

Sec. 11-401. Motor vehicle accidents involving death or personal injuries.

(a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary.

(b) Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than 48 hours one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than 48 hours one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of paragraph (a).

(b-1) Any person arrested for violating this Section is subject to chemical testing of his or her blood, breath, or urine for the presence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, as provided in Section 11-501.1, if the testing occurs within 12 hours of the time of the occurrence of the accident that led to his or her arrest. The person's driving privileges are subject to statutory summary suspension under Section 11-501.1 if he or she fails testing or statutory summary revocation under Section 11-501.1 if he or she refuses to undergo the testing.

For purposes of this Section, personal injury shall mean any injury requiring immediate professional treatment in a medical facility or doctor's office.

(c) Any person failing to comply with paragraph (a) shall be guilty of a Class 4 felony if the motor vehicle accident does not result in the death of a person. A person failing to comply with paragraph (a) when the accident results 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.

(d) Any person failing to comply with paragraph (b) is guilty of a Class 2 felony if the motor vehicle accident does not result in the death of any person. Any person failing to comply with paragraph (b) when the accident results in the death of any person is guilty of a Class 1 felony and shall be sentenced to a mandatory term of imprisonment of not less than 20 years.

(e) The Secretary of State shall revoke the driving privilege of any person convicted of a violation of this Section.

(Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11.)