Bill Text: IL HB5100 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that the driver of a vehicle that is in any manner involved in an accident 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 an accident 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 an accident 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 accident by the fastest available means of communication to the local police department if such accident 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 traffic accident as required by law. Makes corresponding changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-11 - Rule 19(a) / Re-referred to Rules Committee [HB5100 Detail]

Download: Illinois-2021-HB5100-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5100 Introduced , by Rep. Martin J. Moylan 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 an accident 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 an accident 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 an accident 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 accident by the fastest available means of communication to the local police department if such accident 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 traffic accident as required by law. Makes corresponding changes.
LRB102 25111 RAM 34373 b
A BILL FOR
HB5100 LRB102 25111 RAM 34373 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 Sections 7-201, 7-201.1, 11-404, 11-407, and 11-414
as follows:
(625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
Sec. 7-201. Application of Article II. The Administrator
as soon as practicable after the receipt of the report,
required to be filed under Section 11-407 Sections 11-406 and
11-410, of a motor vehicle accident occurring within this
State and that has resulted in bodily injury or death of any
person or that damage to the property of any one person in
excess of $1,500 (or $500 if any of the vehicles involved in
the accident is subject to Section 7-601 but is not covered by
a liability insurance policy in accordance with Section 7-601)
was sustained, shall determine:
1. Whether Section 7-202 of this Code requires the
deposit of security by or on behalf of any person who was
the operator or owner of any motor vehicle in any manner
involved in the accident; and
2. What amount of security shall be sufficient to
satisfy any potential judgment or judgments for money

HB5100 - 2 - LRB102 25111 RAM 34373 b
damages resulting from the accident as may be recovered
against the operator or owner, which amount shall in no
event be less than $1,500 (or $500 if any of the vehicles
involved in the accident is subject to Section 7-601 but
is not covered by a liability insurance policy in
accordance with Section 7-601).
(Source: P.A. 95-754, eff. 1-1-09.)
(625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
Sec. 7-201.1. If the Administrator has not received a
report required to be filed under Section 11-407 Sections
11-406 and 11-410, or if the information contained in a report
is insufficient, the Administrator shall send to the person
required to file the report a written request for the missing
report or the missing information. The Administrator shall
send such request no later than 45 days after the accident or 7
days after receiving information that such accident has
occurred, whichever is later.
If the request is sent to a driver involved in an accident,
the request or an attachment thereto shall contain in bold
print a warning that failure to comply with the request within
15 days may result in the suspension of the driver's license.
(Source: P.A. 84-797.)
(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
Sec. 11-404. Duty upon damaging unattended vehicle or

HB5100 - 3 - LRB102 25111 RAM 34373 b
other property.
(a) The driver of any vehicle which collides with or is
involved in a motor vehicle accident with any vehicle which is
unattended, or other property, resulting in any damage to such
other vehicle or property shall immediately stop and shall
then and there either locate and notify the operator or owner
of such vehicle or other property of the driver's name,
address, registration number and owner of the vehicle the
driver was operating or shall attach securely in a conspicuous
place on or in the vehicle or other property struck a written
notice giving the driver's name, address, registration number
and owner of the vehicle the driver was driving and shall
without unnecessary delay notify the nearest office of a duly
authorized police authority and shall make a written report of
such accident when and as required in Section 11-407 11-406.
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.
(b) Any person failing to comply with this Section shall
be guilty of a Class A misdemeanor.
(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)

HB5100 - 4 - LRB102 25111 RAM 34373 b
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.)
(625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
Sec. 11-407. Immediate notice of accident.
(a) The driver of a vehicle which is in any manner involved
in an accident 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, is sustained in
excess of $1,500 (or $500 if any of the vehicles involved in
the accident is subject to Section 7-601 but is not covered by

HB5100 - 5 - LRB102 25111 RAM 34373 b
a liability insurance policy in accordance with Section
7-601), or of a vehicle that is in any manner involved in an
accident 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 an accident that occurs within 50 feet of a school
bus in this State and 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, described in Section
11-406 of this Chapter shall, if no police officer is present,
give notice of the accident by the fastest available means of
communication to the local police department if such accident
occurs within a municipality or otherwise to the nearest
office of the county sheriff or nearest headquarters of the
Illinois State Police.
(b) Whenever the driver of a vehicle is physically
incapable of giving immediate notice of an accident as
required in Subsection (a) and there was another occupant in
the vehicle at the time of the accident capable of doing so,
that occupant must give notice as required in Subsection (a).
(c) 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 traffic accident as required by
any other law of this State.
(Source: P.A. 76-2163.)

HB5100 - 6 - LRB102 25111 RAM 34373 b
(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
Sec. 11-414. Department to tabulate and analyze motor
vehicle accident reports. The Department shall tabulate and
may analyze all written motor vehicle accident reports
received in compliance with this Code and shall publish
annually or at more frequent intervals motor vehicle accident
data. The Department:
1. (blank);
2. shall, upon written request, make available to the
public motor vehicle accident data that shall be
distributed under Sections 11-412 and 11-417 of this Code;
3. may conduct special investigations of motor vehicle
accidents and may solicit supplementary reports from
drivers, owners, police departments, sheriffs, coroners,
or any other individual. Failure of any individual to
submit a supplementary report subjects such individual to
the same penalties for failure to report as designated
under Section 11-407 11-406.
(Source: P.A. 100-96, eff. 1-1-18.)