95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2391


 
Introduced 2/14/2008, by Sen. Dale E. Risinger
 
SYNOPSIS AS INTRODUCED:
 		








  



625 ILCS 5/11-412
  from Ch. 95 1/2, par. 11-412







    Amends the Illinois Vehicle Code. Provides that the Department of Transportation may furnish copies of its written accident reports to local
agencies that are engaged in highway safety research and studies. Effective immediately.
















LRB095 15397 DRH 41385 b

















 


 


A BILL FOR









 











SB2391

LRB095 15397 DRH 41385 b






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 changing 
5
Section 11-412 as follows:
 



6
    (625 ILCS 5/11-412)  (from Ch. 95 1/2, par. 11-412)



7
    Sec. 11-412. Motor vehicle accident reports confidential. 
8
All required
written motor vehicle accident reports and 
9
supplemental reports shall
be without prejudice to the 
10
individual so reporting and shall be for the
confidential use 
11
of the Department and the Secretary of State and, in the
case 
12
of second division vehicles operated under certificate of 
13
convenience
and necessity  issued by the Illinois Commerce 
14
Commission, of the Commission,
except that the Administrator or 
15
the Secretary of State or the Commission may
disclose the 
16
identity of a person involved in a motor vehicle accident
when 
17
such identity is not otherwise known or when such person denies 
18
his
presence at such motor vehicle accident and the Department 
19
shall disclose
the identity of the insurance carrier, if any, 
20
upon demand. The Secretary of
State may also disclose notations 
21
of accident involvement maintained on
individual driving 
22
records.  The Department
may furnish copies of its written 
23
accident reports to federal, and State, and local
agencies that 
 


 






SB2391
- 2 -
LRB095 15397 DRH 41385 b




1
are engaged in highway safety research and studies.  Reports

2
furnished to any agency other than the Secretary of State or 
3
the Illinois
Commerce Commission may be used only for 
4
statistical or analytical purposes
and shall be held 
5
confidential by that agency.
No such written report shall be 
6
used as evidence in any trial, civil
or criminal, arising out 
7
of a motor vehicle accident, except
that the Administrator 
8
shall furnish upon demand of any person who has,
or claims to 
9
have, made such a written report, or upon demand of any
court, 
10
a certificate showing that a specified written accident report

11
has or has not been made to the Administrator solely to prove a 
12
compliance
or a failure to comply with the requirement that 
13
such a written report
be made to the Administrator.

14
    The Department of Transportation at its discretion may 
15
provide for
in-depth investigations of accidents involving 
16
Department employees.  A
written report describing the 
17
preventability of such an accident may be
prepared to enhance 
18
the safety of Department employees.  Such reports and
any 
19
opinions expressed in the review of the accident as to the

20
preventability of the accident shall be for the privileged use 
21
of the
Department and held confidential and shall not be 
22
obtainable or used in any
civil or criminal proceeding.

23
(Source: P.A. 89-503, eff. 7-1-96.)

 

24
    Section 99. Effective date. This Act takes effect upon 
25
becoming law.