HB4018 93RD GENERAL ASSEMBLY

LRB093 14520 DRH 40011 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4018

Introduced 1/14/2004, by Kevin Joyce

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-401	from Ch. 95 1/2, par. 11-401
625 ILCS 5/11-401.1 new

Amends the Illinois Vehicle Code. Increases from a Class 4 to a Class 3 felony the penalty for failing to report an accident involving death or personal injuries within the time allowed after failing to stop at the scene as required. Provides that a person who violates any provision regarding leaving the scene of or failing to report an accident is subject to testing for alcohol, drugs, or intoxicating compounds and is subject to statutory summary suspension of his or her drivers license, according to terms similar to those for statutory summary suspensions for driving under the influence of alcohol, drugs, or intoxicating compounds.

A BILL FOR

AN ACT concerning vehicles.

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 and by adding Section 11-401.1 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 one 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 one 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).

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 A misdemeanor.

(d) Any person failing to comply with paragraph (b) is guilty of a Class 3 Class 4 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 2 felony, for which the person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.

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

(Source: P.A. 90-543, eff. 12-1-97.)

(625 ILCS 5/11-401.1 new)

Sec. 11-401.1. Leaving the scene of an accident; implied consent; summary suspension.

(a) Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent, according to Section 11-501.2, to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof in the person's blood if arrested for a violation of Section 11-401, 11-402, or 11-403 or a similar provision of a local ordinance. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered.

(b) Any officer who arrests a person for violation of Section 11-401, 11-402, or 11-403 shall request that the person submit to chemical testing as described in this Section, when the arrest occurs within 24-hours of the accident which produces the person's obligations under Section 11-401, 11-402, or 11-403.

(c) A person requested to submit to a test as provided in subsection (a) shall be warned by the law enforcement officer as the officer would be required to warn a person arrested for violation of Section 11-501 and warned as provided in Section 11-501.1.

(d) If the person refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested under subsection (a) and the person refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more.

(e) Upon receipt of the sworn report of a law enforcement officer submitted under subsection (d), the Secretary of State shall enter the statutory summary suspension for the periods specified in Section 6-208.1, and effective as provided in subsection (g). If the person is a first offender as defined in Section 11-500 of this Code and is not convicted of a violation of Section 11-501 of this Code or a similar provision of a local ordinance, reports received by the Secretary of State under this Section shall, except during the actual time the statutory summary suspension is in effect, be privileged information for use only by the courts, police officers, prosecuting authorities, or the Secretary of State.

(f) The law enforcement officer submitting the sworn report under subsection (d) shall serve immediate notice of the statutory summary suspension on the person, and the suspension shall be effective as provided in subsection (g). In cases where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket, and the statutory summary suspension shall begin as provided in subsection (g). The officer shall confiscate any Illinois driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow that person to drive during the periods provided for in subsection (g). The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in subsection (d).

(g) The statutory summary suspension referred to in this Section shall take effect on the 46th day following the date the notice of the statutory summary suspension was given to the person.

(h) The following procedure applies whenever a sworn report is issued under subsection (d) of this Section: Upon receipt of the sworn report from the law enforcement officer, the Secretary of State shall confirm the statutory summary suspension by mailing a notice of the effective date of the suspension to the person and the court of venue. If, however, the sworn report is defective because it does not contain sufficient information, or if the report was completed in error, (i) the confirmation of the statutory summary suspension shall not be mailed to the person and shall not be entered to the record, (ii) the sworn report shall be forwarded to the court of venue, and (iii) a copy of the report, identifying any defect, shall be returned to the issuing agency.