In the state of Illinois, what kind of offense is a hit and run?
Full Question:
In the state of Illinois, what kind of offense is a hit and run? In particular backing into a parked car unoccupied.
03/15/2009 |
Category: Criminal ยป Sentences |
State: Illinois |
#15635
Answer:
The following are Illinois statutes:
625 ILCS 5/11-404 (from Ch. 95 1/2, par. 11-404)
Sec. 11-404. Duty upon damaging unattended vehicle or 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 11-406. 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) 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.
Sec. 11-406. Duty to report accident.
(a) The driver of a vehicle that is in any manner involved in an
accident within this State, resulting in injury to or death of any
person, or in which damage to the property of any one person, including
himself, 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) is
sustained, shall, as soon as possible but not later than 10 days after
the accident, forward a written report of the accident to the
Administrator.
(b) Whenever a school bus is involved in an accident in this State,
caused by a collision, a sudden stop or otherwise, resulting in any
property damage, personal injury or death and whenever an accident 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, the driver shall as soon as
possible but not later than 10 days after the accident, forward a written
report to the Department of Transportation. If a report is also required
under Subsection (a) of this Section, that report and the report required
by this Subsection shall be submitted on a single form.
(c) The Administrator may require any driver, occupant or owner of a
vehicle involved in an accident of which report must be made as provided
in this Section or Section 11-410 of this Chapter to file supplemental
reports whenever the original report is insufficient in the opinion of
the Secretary of State or the Administrator, and may require witnesses of
the accident to submit written reports to the Administrator. The report
may include photographs, charts, sketches, and graphs.
(d) Should the Administrator learn through other reports of accidents
required by law of the occurrence of an accident reportable under this
Article and the driver, owner, or witness has not reported as required
under Subsections (a), (b) or (c) of this Section or Section 11-410,
within the time specified, the person is not relieved of the
responsibility and the Administrator shall notify the person by first
class mail directed to his last known address of his legal obligation.
However, the notification is not a condition precedent to impose the
penalty for failure to report as provided in Subsection (e).
(e) The Secretary of State shall suspend the driver's license or any
non-resident's driving privilege of any person who fails or neglects to
make report of a traffic accident as required or as required by any other
law of this State.
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 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).
730 ILCS 5/5-8-3 (from Ch. 38, par. 1005-8-3)
Sec. 5-8-3. Sentence of Imprisonment for Misdemeanor.
(a) A sentence of imprisonment for a misdemeanor shall be
for a determinate term according to the following
limitations:
(1) for a Class A misdemeanor, for any term less
than one year;
(2) for a Class B misdemeanor, for not more than 6 months;
(3) for a Class C misdemeanor, for not more than 30 days.
(b) The good behavioral allowance shall be determined
under Section 3 of the County Jail Good Behavior Allowance
Act.
730 ILCS 5/5-9-1 (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a fine which shall
not exceed for each offense:
(1) for a felony, $25,000 or the amount specified in
the offense, whichever is greater, or where the offender is
a corporation, $50,000 or the amount specified in the
offense, whichever is greater;
(2) for a Class A misdemeanor, $2,500 or the amount
specified in the offense, whichever is greater;
(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
specified in the offense, whichever is less;
(5) for a business offense, the amount specified in
the statute defining that offense.
(b) A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment.
(c) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an
offense relating to parking or registration, or offense by a
pedestrian, an additional penalty of $10 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$10 for each $40, or fraction thereof, of fine imposed, if
not otherwise assessed, shall also be added to every fine
imposed upon a plea of guilty, stipulation of facts or
findings of guilty, resulting in a judgment of conviction,
or order of supervision in criminal, traffic, local
ordinance, county ordinance, and conservation cases (except
parking, registration, or pedestrian violations), or upon a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act.
Such additional amounts shall be assessed by the court
imposing the fine and shall be collected by the Circuit
Clerk in addition to the fine and costs in the case. Each
such additional penalty shall be remitted by the Circuit
Clerk within one month after receipt to the State Treasurer.
The State Treasurer shall deposit $1 for each $40, or
fraction thereof, of fine imposed into the LEADS Maintenance
Fund. The State Treasurer shall deposit $1 for each $40, or
fraction thereof, of fine imposed into the Law Enforcement
Camera Grant Fund. The remaining surcharge amount shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, unless the fine, costs or additional amounts are
subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act. Such additional
penalty shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing.
Not later than March 1 of each year the Circuit Clerk
shall submit a report of the amount of funds remitted to the
State Treasurer under this subsection (c) during the
preceding calendar year. Except as otherwise provided by
Supreme Court Rules, if a court in imposing a fine against
an offender levies a gross amount for fine, costs, fees and
penalties, the amount of the additional penalty provided for
herein shall be computed on the amount remaining after
deducting from the gross amount levied all fees of the
Circuit Clerk, the State's Attorney and the Sheriff. After
deducting from the gross amount levied the fees and
additional penalty provided for herein, less any other
additional penalties provided by law, the clerk shall remit
the net balance remaining to the entity authorized by law to
receive the fine imposed in the case. For purposes of this
Section "fees of the Circuit Clerk" shall include, if
applicable, the fee provided for under Section 27.3a of the
Clerks of Courts Act and the fee, if applicable, payable to
the county in which the violation occurred pursuant to
Section 5-1101 of the Counties Code.
(c-5) In addition to the fines imposed by subsection (c),
any person convicted or receiving an order of supervision
for driving under the influence of alcohol or drugs shall
pay an additional $100 fee to the clerk. This additional
fee, less 2 1/2% that shall be used to defray administrative
costs incurred by the clerk, shall be remitted by the clerk
to the Treasurer within 60 days after receipt for deposit
into the Trauma Center Fund. This additional fee of $100
shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection (c-5)
during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs by
credit card from an offender who has been convicted of a
traffic offense, petty offense or misdemeanor and may charge
the service fee permitted where fines and costs are paid by
credit card provided for in Section 27.3b of the Clerks of
Courts Act.
(c-7) In addition to the fines imposed by subsection (c),
any person convicted or receiving an order of supervision
for driving under the influence of alcohol or drugs shall
pay an additional $5 fee to the clerk. This additional fee,
less 2 1/2% that shall be used to defray administrative
costs incurred by the clerk, shall be remitted by the clerk
to the Treasurer within 60 days after receipt for deposit
into the Spinal Cord Injury Paralysis Cure Research Trust
Fund. This additional fee of $5 shall not be considered a
part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing. Not later
than March 1 of each year the Circuit Clerk shall submit a
report of the amount of funds remitted to the State
Treasurer under this subsection (c-7) during the preceding
calendar year.
(c-9) (Blank).
(d) In determining the amount and method of payment of a
fine, except for those fines established for violations of
Chapter 15 of the Illinois Vehicle Code, the court shall
consider:
(1) the financial resources and future ability of
the offender to pay the fine; and
(2) whether the fine will prevent the offender from
making court ordered restitution or reparation to the victim
of the offense; and
(3) in a case where the accused is a dissolved corporation
and the court has appointed counsel to represent the
corporation, the costs incurred either by the county or the
State for such representation.
(e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
(f) All fines, costs and additional amounts imposed under
this Section for any violation of Chapters 3, 4, 6, and 11
of the Illinois Vehicle Code, or a similar provision of a
local ordinance, and any violation of the Child Passenger
Protection Act, or a similar provision of a local ordinance,
shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
