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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 11-412 as follows:
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| 6 | (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
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| 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 | ||||||
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| 1 | are engaged in highway safety research and studies. Reports
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| 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
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| 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.
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| 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
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| 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.
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| 23 | (Source: P.A. 89-503, eff. 7-1-96.)
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| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.
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