State of Illinois
91st General Assembly

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 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 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 Section 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
 9    personal injuries.
10        (a)  The  driver  of  any vehicle knowingly involved in a
11    motor vehicle accident, regardless of the driver's  knowledge
12    that the accident resulted resulting in personal injury to or
13    death  of  any person, shall immediately stop such vehicle at
14    the scene of such accident, or as close thereto  as  possible
15    and  shall then forthwith return to, and in every event shall
16    remain at the scene of the accident until the requirements of
17    Section 11-403 have been fulfilled. The driver of any vehicle
18    knowingly involved in a motor  vehicle  accident  shall  take
19    reasonable  steps  to ascertain whether the accident resulted
20    in personal injury or death of any person.  Every  such  stop
21    shall  be  made  without  obstructing  traffic  more  than is
22    necessary.
23        (b)  Any person who has failed to stop or to comply  with
24    the  requirements of paragraph (a) shall, as soon as possible
25    but in no case later than one hour after such  motor  vehicle
26    accident,   or,   if   hospitalized  and  incapacitated  from
27    reporting at any time during such period, as soon as possible
28    but in no case later than one  hour  after  being  discharged
29    from  the  hospital,  report  the  place of the accident, the
30    date, the approximate time, the driver's  name  and  address,
                            -2-                LRB9101682KSks
 1    the  registration number of the vehicle driven, and the names
 2    of all other occupants of such vehicle, at a  police  station
 3    or  sheriff's  office  near  the  place  where  such accident
 4    occurred. No report made as  required  under  this  paragraph
 5    shall  be  used,  directly  or indirectly, as a basis for the
 6    prosecution of any violation of paragraph (a).
 7        For purposes of this Section, personal injury shall  mean
 8    any  injury  requiring  immediate professional treatment in a
 9    medical facility or doctor's office.
10        (c)  Any person failing  to  comply  with  paragraph  (a)
11    shall be guilty of a Class A misdemeanor.
12        (d)  Any  person  failing to comply with paragraph (b) is
13    guilty of a Class 4 felony if the motor vehicle accident does
14    not result in the death of any person. Any person failing  to
15    comply  with  paragraph  (b) when the accident results in the
16    death of any person is guilty of a Class 2 felony, for  which
17    the  person, if sentenced to a term of imprisonment, shall be
18    sentenced to a term of not less than 3  years  and  not  more
19    than 14 years.
20        (e)  The  Secretary  of  State  shall  revoke the driving
21    privilege of any person convicted  of  a  violation  of  this
22    Section.
23    (Source: P.A. 90-543, eff. 12-1-97.)

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