Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2462 Introduced / Bill

Filed 02/15/2023

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2462 Introduced , by Rep. Matt Hanson 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 a crash 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 a crash 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 a crash 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 crash by the fastest available means of communication to the local police department if such crash 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 crash as required by law. Makes corresponding changes.  LRB103 29448 MXP 55840 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2462 Introduced , by Rep. Matt Hanson 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. 11-414 625 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 a crash 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 a crash 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 a crash 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 crash by the fastest available means of communication to the local police department if such crash 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 crash as required by law. Makes corresponding changes.  LRB103 29448 MXP 55840 b     LRB103 29448 MXP 55840 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2462 Introduced , by Rep. Matt Hanson 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. 11-414 625 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
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 a crash 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 a crash 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 a crash 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 crash by the fastest available means of communication to the local police department if such crash 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 crash as required by law. Makes corresponding changes.
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A BILL FOR
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1  AN ACT concerning transportation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Vehicle Code is amended by
5  changing Sections 7-201, 7-201.1, 11-404, 11-407, and 11-414
6  as follows:
7  (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
8  (Text of Section before amendment by P.A. 102-982)
9  Sec. 7-201. Application of Article II. The Administrator
10  as soon as practicable after the receipt of the report,
11  required to be filed under Sections 11-406 and 11-410, of a
12  motor vehicle accident occurring within this State and that
13  has resulted in bodily injury or death of any person or that
14  damage to the property of any one person in excess of $1,500
15  (or $500 if any of the vehicles involved in the accident is
16  subject to Section 7-601 but is not covered by a liability
17  insurance policy in accordance with Section 7-601) was
18  sustained, shall determine:
19  1. Whether Section 7-202 of this Code requires the
20  deposit of security by or on behalf of any person who was
21  the operator or owner of any motor vehicle in any manner
22  involved in the accident; and
23  2. What amount of security shall be sufficient to

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2462 Introduced , by Rep. Matt Hanson 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. 11-414 625 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
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 a crash 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 a crash 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 a crash 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 crash by the fastest available means of communication to the local police department if such crash 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 crash as required by law. Makes corresponding changes.
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A BILL FOR

 

 

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



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1  satisfy any potential judgment or judgments for money
2  damages resulting from the accident as may be recovered
3  against the operator or owner, which amount shall in no
4  event be less than $1,500 (or $500 if any of the vehicles
5  involved in the accident is subject to Section 7-601 but
6  is not covered by a liability insurance policy in
7  accordance with Section 7-601).
8  (Source: P.A. 95-754, eff. 1-1-09.)
9  (Text of Section after amendment by P.A. 102-982)
10  Sec. 7-201. Application of Article II. The Administrator
11  as soon as practicable after the receipt of the report,
12  required to be filed under Section 11-407 Sections 11-406 and
13  11-410, of a motor vehicle crash occurring within this State
14  and that has resulted in bodily injury or death of any person
15  or that damage to the property of any one person in excess of
16  $1,500 (or $500 if any of the vehicles involved in the crash is
17  subject to Section 7-601 but is not covered by a liability
18  insurance policy in accordance with Section 7-601) was
19  sustained, shall determine:
20  1. Whether Section 7-202 of this Code requires the
21  deposit of security by or on behalf of any person who was
22  the operator or owner of any motor vehicle in any manner
23  involved in the crash; and
24  2. What amount of security shall be sufficient to
25  satisfy any potential judgment or judgments for money

 

 

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1  damages resulting from the crash 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 crash is subject to Section 7-601 but is
5  not covered by a liability insurance policy in accordance
6  with Section 7-601).
7  (Source: P.A. 102-982, eff. 7-1-23.)
8  (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
9  (Text of Section before amendment by P.A. 102-982)
10  Sec. 7-201.1.  If the Administrator has not received a
11  report required to be filed under Sections 11-406 and 11-410,
12  or if the information contained in a report is insufficient,
13  the Administrator shall send to the person required to file
14  the report a written request for the missing report or the
15  missing information. The Administrator shall send such request
16  no later than 45 days after the accident or 7 days after
17  receiving information that such accident has occurred,
18  whichever is later.
19  If the request is sent to a driver involved in an accident,
20  the request or an attachment thereto shall contain in bold
21  print a warning that failure to comply with the request within
22  15 days may result in the suspension of the driver's license.
23  (Source: P.A. 84-797.)
24  (Text of Section after amendment by P.A. 102-982)

 

 

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1  Sec. 7-201.1.  If the Administrator has not received a
2  report required to be filed under Section 11-407 Sections
3  11-406 and 11-410, or if the information contained in a report
4  is insufficient, the Administrator shall send to the person
5  required to file the report a written request for the missing
6  report or the missing information. The Administrator shall
7  send such request no later than 45 days after the crash or 7
8  days after receiving information that such crash has occurred,
9  whichever is later.
10  If the request is sent to a driver involved in a crash, the
11  request or an attachment thereto shall contain in bold print a
12  warning that failure to comply with the request within 15 days
13  may result in the suspension of the driver's license.
14  (Source: P.A. 102-982, eff. 7-1-23.)
15  (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
16  (Text of Section before amendment by P.A. 102-982)
17  Sec. 11-404. Duty upon damaging unattended vehicle or
18  other property.
19  (a) The driver of any vehicle which collides with or is
20  involved in a motor vehicle accident with any vehicle which is
21  unattended, or other property, resulting in any damage to such
22  other vehicle or property shall immediately stop and shall
23  then and there either locate and notify the operator or owner
24  of such vehicle or other property of the driver's name,
25  address, registration number and owner of the vehicle the

 

 

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1  driver was operating or shall attach securely in a conspicuous
2  place on or in the vehicle or other property struck a written
3  notice giving the driver's name, address, registration number
4  and owner of the vehicle the driver was driving and shall
5  without unnecessary delay notify the nearest office of a duly
6  authorized police authority and shall make a written report of
7  such accident when and as required in Section 11-406. Every
8  such stop shall be made without obstructing traffic more than
9  is necessary. If a damaged vehicle is obstructing traffic
10  lanes, the driver of the vehicle must make every reasonable
11  effort to move the vehicle or have it moved so as not to block
12  the traffic lanes.
13  (b) Any person failing to comply with this Section shall
14  be guilty of a Class A misdemeanor.
15  (c) If any peace officer or highway authority official
16  finds (i) a vehicle standing upon a highway or toll highway in
17  violation of a prohibition, limitation, or restriction on
18  stopping, standing, or parking imposed under this Code or (ii)
19  a disabled vehicle that obstructs the roadway of a highway or
20  toll highway, the peace officer or highway authority official
21  is authorized to move the vehicle or to require the operator of
22  the vehicle to move the vehicle to the shoulder of the road, to
23  a position where parking is permitted, or to public parking or
24  storage premises. The removal may be performed by, or under
25  the direction of, the peace officer or highway authority
26  official or may be contracted for by local authorities. After

 

 

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1  the vehicle has been removed, the peace officer or highway
2  authority official shall follow appropriate procedures, as
3  provided in Section 4-203 of this Code.
4  (d) A towing service, its officers, and its employees are
5  not liable for loss of or damages to any real or personal
6  property that occurs as the result of the removal or towing of
7  any vehicle under subsection (c), as provided in subsection
8  (b) of Section 4-213.
9  (Source: P.A. 95-407, eff. 1-1-08.)
10  (Text of Section after amendment by P.A. 102-982)
11  Sec. 11-404. Duty upon damaging unattended vehicle or
12  other property.
13  (a) The driver of any vehicle which collides with or is
14  involved in a motor vehicle crash with any vehicle which is
15  unattended, or other property, resulting in any damage to such
16  other vehicle or property shall immediately stop and shall
17  then and there either locate and notify the operator or owner
18  of such vehicle or other property of the driver's name,
19  address, registration number and owner of the vehicle the
20  driver was operating or shall attach securely in a conspicuous
21  place on or in the vehicle or other property struck a written
22  notice giving the driver's name, address, registration number
23  and owner of the vehicle the driver was driving and shall
24  without unnecessary delay notify the nearest office of a duly
25  authorized police authority and shall make a written report of

 

 

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1  such crash when and as required in Section 11-407 11-406.
2  Every such stop shall be made without obstructing traffic more
3  than is necessary. If a damaged vehicle is obstructing traffic
4  lanes, the driver of the vehicle must make every reasonable
5  effort to move the vehicle or have it moved so as not to block
6  the traffic lanes.
7  (b) Any person failing to comply with this Section shall
8  be guilty of a Class A misdemeanor.
9  (c) If any peace officer or highway authority official
10  finds (i) a vehicle standing upon a highway or toll highway in
11  violation of a prohibition, limitation, or restriction on
12  stopping, standing, or parking imposed under this Code or (ii)
13  a disabled vehicle that obstructs the roadway of a highway or
14  toll highway, the peace officer or highway authority official
15  is authorized to move the vehicle or to require the operator of
16  the vehicle to move the vehicle to the shoulder of the road, to
17  a position where parking is permitted, or to public parking or
18  storage premises. The removal may be performed by, or under
19  the direction of, the peace officer or highway authority
20  official or may be contracted for by local authorities. After
21  the vehicle has been removed, the peace officer or highway
22  authority official shall follow appropriate procedures, as
23  provided in Section 4-203 of this Code.
24  (d) A towing service, its officers, and its employees are
25  not liable for loss of or damages to any real or personal
26  property that occurs as the result of the removal or towing of

 

 

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1  any vehicle under subsection (c), as provided in subsection
2  (b) of Section 4-213.
3  (Source: P.A. 102-982, eff. 7-1-23.)
4  (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
5  (Text of Section before amendment by P.A. 102-982)
6  Sec. 11-407. Immediate notice of accident.
7  (a) The driver of a vehicle which is in any manner involved
8  in an accident described in Section 11-406 of this Chapter
9  shall, if no police officer is present, give notice of the
10  accident by the fastest available means of communication to
11  the local police department if such accident occurs within a
12  municipality or otherwise to the nearest office of the county
13  sheriff or nearest headquarters of the Illinois State Police.
14  (b) Whenever the driver of a vehicle is physically
15  incapable of giving immediate notice of an accident as
16  required in Subsection (a) and there was another occupant in
17  the vehicle at the time of the accident capable of doing so,
18  that occupant must give notice as required in Subsection (a).
19  (Source: P.A. 76-2163.)
20  (Text of Section after amendment by P.A. 102-982)
21  Sec. 11-407. Immediate notice of crash.
22  (a) The driver of a vehicle which is in any manner involved
23  in a crash within this State, resulting in injury to or the
24  death of any person, or in which damage to the property of any

 

 

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1  one person, including that of the driver, is sustained in
2  excess of $1,500 (or $500 if any of the vehicles involved in
3  the crash is subject to Section 7-601 but is not covered by a
4  liability insurance policy in accordance with Section 7-601),
5  or of a vehicle that is in any manner involved in a crash in
6  this State that involves a school bus, caused by a collision, a
7  sudden stop, or otherwise, resulting in any property damage,
8  personal injury, or death, or that is involved in a crash that
9  occurs within 50 feet of a school bus in this State and
10  resulting in personal injury to or the death of any person
11  while awaiting or preparing to board the bus or immediately
12  after exiting the bus, described in Section 11-406 of this
13  Chapter shall, if no police officer is present, give notice of
14  the crash by the fastest available means of communication to
15  the local police department if such crash occurs within a
16  municipality or otherwise to the nearest office of the county
17  sheriff or nearest headquarters of the Illinois State Police.
18  (b) Whenever the driver of a vehicle is physically
19  incapable of giving immediate notice of a crash as required in
20  Subsection (a) and there was another occupant in the vehicle
21  at the time of the crash capable of doing so, that occupant
22  must give notice as required in Subsection (a).
23  (c) The Secretary of State shall suspend the driver's
24  license or any nonresident driving privilege of any person who
25  fails or neglects to report a crash as required by any other
26  law of this State.

 

 

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1  (Source: P.A. 102-982, eff. 7-1-23.)
2  (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
3  (Text of Section before amendment by P.A. 102-982)
4  Sec. 11-414. Department to tabulate and analyze motor
5  vehicle accident reports. The Department shall tabulate and
6  may analyze all written motor vehicle accident reports
7  received in compliance with this Code and shall publish
8  annually or at more frequent intervals motor vehicle accident
9  data. The Department:
10  1. (blank);
11  2. shall, upon written request, make available to the
12  public motor vehicle accident data that shall be
13  distributed under Sections 11-412 and 11-417 of this Code;
14  3. may conduct special investigations of motor vehicle
15  accidents and may solicit supplementary reports from
16  drivers, owners, police departments, sheriffs, coroners,
17  or any other individual. Failure of any individual to
18  submit a supplementary report subjects such individual to
19  the same penalties for failure to report as designated
20  under Section 11-406.
21  (Source: P.A. 100-96, eff. 1-1-18.)
22  (Text of Section after amendment by P.A. 102-982)
23  Sec. 11-414. Department to tabulate and analyze motor
24  vehicle crash reports. The Department shall tabulate and may

 

 

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1  analyze all written motor vehicle crash reports received in
2  compliance with this Code and shall publish annually or at
3  more frequent intervals motor vehicle crash data. The
4  Department:
5  1. (blank);
6  2. shall, upon written request, make available to the
7  public motor vehicle crash data that shall be distributed
8  under Sections 11-412 and 11-417 of this Code;
9  3. may conduct special investigations of motor vehicle
10  crashes and may solicit supplementary reports from
11  drivers, owners, police departments, sheriffs, coroners,
12  or any other individual. Failure of any individual to
13  submit a supplementary report subjects such individual to
14  the same penalties for failure to report as designated
15  under Section 11-407 11-406.
16  (Source: P.A. 102-982, eff. 7-1-23.)
17  Section 95. No acceleration or delay. Where this Act makes
18  changes in a statute that is represented in this Act by text
19  that is not yet or no longer in effect (for example, a Section
20  represented by multiple versions), the use of that text does
21  not accelerate or delay the taking effect of (i) the changes
22  made by this Act or (ii) provisions derived from any other
23  Public Act.

 

 

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