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.