Illinois General Assembly - Full Text of Public Act 097-0763
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Public Act 097-0763





Public Act 097-0763
SB3409 EnrolledLRB097 19923 HEP 65213 b

    AN ACT concerning transportation.
    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 11-402 as follows:
    (625 ILCS 5/11-402)  (from Ch. 95 1/2, par. 11-402)
    Sec. 11-402. Motor vehicle accident involving damage to
    (a) The driver of any vehicle involved in a motor vehicle
accident resulting only in damage to a vehicle which is driven
or attended by any person shall immediately stop such vehicle
at the scene of such motor vehicle accident or as close thereto
as possible, but shall forthwith return to and in every event
shall remain at the scene of such motor vehicle accident until
the requirements of Section 11-403 have been fulfilled. A
driver does not violate this Section if the driver moves the
vehicle as soon as possible off the highway to the nearest safe
location on an exit ramp shoulder, a frontage road, the nearest
suitable cross street, or other suitable location that does not
obstruct traffic and remains at that location until the driver
has fulfilled the requirements of Section 11-403. Every such
stop shall be made without obstructing traffic more than is
necessary. If a damaged vehicle is obstructing traffic lanes,
the driver of the vehicle must make every reasonable effort to
move the vehicle or have it moved so as not to block the
traffic lanes.
    Any person failing to comply with this Section shall be
guilty of a Class A misdemeanor.
    (b) Upon conviction of a violation of this Section, the
court shall make a finding as to whether the damage to a
vehicle is in excess of $1,000, and in such case a statement of
this finding shall be reported to the Secretary of State with
the report of conviction as required by Section 6-204 of this
Code. Upon receipt of such report of conviction and statement
of finding that the damage to a vehicle is in excess of $1,000,
the Secretary of State shall suspend the driver's license or
any nonresident's driving privilege.
    (c) If any peace officer or highway authority official
finds (i) a vehicle standing upon a highway or toll highway in
violation of a prohibition, limitation, or restriction on
stopping, standing, or parking imposed under this Code or (ii)
a disabled vehicle that obstructs the roadway of a highway or
toll highway, the peace officer or highway authority official
is authorized to move the vehicle or to require the operator of
the vehicle to move the vehicle to the shoulder of the road, to
a position where parking is permitted, or to public parking or
storage premises. The removal may be performed by, or under the
direction of, the peace officer or highway authority official
or may be contracted for by local authorities. After the
vehicle has been removed, the peace officer or highway
authority official shall follow appropriate procedures, as
provided in Section 4-203 of this Code.
    (d) A towing service, its officers, and its employees are
not liable for loss of or damages to any real or personal
property that occurs as the result of the removal or towing of
any vehicle under subsection (c), as provided in subsection (b)
of Section 4-213.
(Source: P.A. 95-407, eff. 1-1-08.)

Effective Date: 1/1/2013