HB3100 103RD GENERAL ASSEMBLY

LRB103 30065 MXP 56488 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3100

Introduced 2/17/2023, by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-407	from Ch. 95 1/2, par. 11-407
625 ILCS 5/11-408	from Ch. 95 1/2, par. 11-408

Amends the Illinois Vehicle Code. Provides that the immediate notice of crash provisions of the Code apply to crashes within the 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 $10,000 (or $5,000 if any of the vehicles involved in certain crashes but is not covered by the specified liability insurance policy), or of a vehicle that is in any manner involved in a crash in the 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 a crash 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. Requires the Secretary of State to suspend the driver's license or any nonresident driving privilege of any person who fails or neglects to report a crash as required by any other law of the State. Provides that the driver is not required to file a report in a single-vehicle crash in which the vehicle struck a deer or other animal or when damaged is caused to the vehicle due to a highway defect. Provides that certain drivers may fulfill reporting requirements by using a reporting mechanism via electronic means, if the law enforcement agency has implemented an electronic reporting mechanism. Adds employees of a law enforcement agency appointed with duties to complete the Illinois State Police crash reporting form to provisions requiring law enforcement officers to forward a written report as a result of a crash investigation to the Administrator. Effective July 1, 2023.

A BILL FOR

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 11-407 and 11-408 as follows:

(625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)

(Text of Section before amendment by P.A. 102-982)

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).

(Source: P.A. 76-2163.)

(Text of Section after amendment by P.A. 102-982)

Sec. 11-407. Immediate notice of crash.

(a) The driver of a vehicle which is in any manner involved in a crash 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 $10,000 (or $5,000 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601), or of a vehicle that is in any manner involved in a crash 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 a crash 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 crash by the fastest available means of communication to the local police department if such crash 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 a crash as required in subsection Subsection (a) and there was another occupant in the vehicle at the time of the crash capable of doing so, that occupant must give notice as required in subsection 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 crash as required by any other law of this State.

(d) The driver of any vehicle that is involved in a single-vehicle crash in which the vehicle struck a deer or other animal within this State resulting in only property damage to either the vehicle or animal is not required to file a report.

(e) Any damage caused to a vehicle due to a highway defect is not considered a crash under this Act, and the driver is not required to file a report.

(f) The driver of any vehicle reporting a crash not meeting mandatory reporting requirements under subsection (a) may fulfill reporting requirements by using a reporting mechanism via electronic means, if the law enforcement agency has implemented an electronic reporting mechanism.

(Source: P.A. 102-982, eff. 7-1-23.)

(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)

(Text of Section before amendment by P.A. 102-982)

Sec. 11-408. Police to report motor vehicle accident investigations.

(a) Every law enforcement officer who investigates a motor vehicle accident for which a report is required by this Article or who prepares a written report as a result of an investigation either at the time and scene of such motor vehicle accident or thereafter by interviewing participants or witnesses shall forward a written report of such motor vehicle accident to the Administrator on forms provided by the Administrator under Section 11-411 within 10 days after investigation of the motor vehicle accident, or within such other time as is prescribed by the Administrator. Such written reports and the information contained in those reports required to be forwarded by law enforcement officers shall not be held confidential by the reporting law enforcement officer or agency. The Secretary of State may also disclose notations of accident involvement maintained on individual driving records. However, the Administrator or the Secretary of State may require a supplemental written report from the reporting law enforcement officer.

(b) The Department at its discretion may require a supplemental written report from the reporting law enforcement officer on a form supplied by the Department to be submitted directly to the Department. Such supplemental report may be used only for accident studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.

(c) The Department at its discretion may provide for in-depth investigations of accidents involving Department employees or other motor vehicle accidents by individuals or special investigation groups, including but not limited to police officers, photographers, engineers, doctors, mechanics, and as a result of the investigation may require the submission of written reports, photographs, charts, sketches, graphs, or a combination of all. Such individual written reports, photographs, charts, sketches, or graphs may be used only for accident studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.

(d) On and after July 1, 1997, law enforcement officers who have reason to suspect that the motor vehicle accident was the result of a driver's loss of consciousness due to a medical condition, as defined by the Driver's License Medical Review Law of 1992, or the result of any medical condition that impaired the driver's ability to safely operate a motor vehicle shall notify the Secretary of this determination. The Secretary, in conjunction with the Driver's License Medical Advisory Board, shall determine by administrative rule the temporary conditions not required to be reported under the provisions of this Section. The Secretary shall, in conjunction with the Illinois State Police and representatives of local and county law enforcement agencies, promulgate any rules necessary and develop the procedures and documents that may be required to obtain written, electronic, or other agreed upon methods of notification to implement the provisions of this Section.

(e) Law enforcement officers reporting under the provisions of subsection (d) of this Section shall enjoy the same immunities granted members of the Driver's License Medical Advisory Board under Section 6-910 of this Code.

(f) All information furnished to the Secretary under subsection (d) of this Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2-123 of this Code.

(Source: P.A. 100-96, eff. 1-1-18.)

(Text of Section after amendment by P.A. 102-982)

Sec. 11-408. Police to report motor vehicle crash investigations.

(a) Every law enforcement officer who investigates a motor vehicle crash, or employee of a law enforcement agency appointed with duties to complete the Illinois State Police crash reporting form, for which a report is required by this Article or who prepares a written report as a result of an investigation either at the time and scene of such motor vehicle crash or thereafter by interviewing participants or witnesses shall forward a written report of such motor vehicle crash to the Administrator on forms provided by the Administrator under Section 11-411 within 10 days after investigation of the motor vehicle crash, or within such other time as is prescribed by the Administrator. Such written reports and the information contained in those reports required to be forwarded by law enforcement officers shall not be held confidential by the reporting law enforcement officer or agency. The Secretary of State may also disclose notations of crash involvement maintained on individual driving records. However, the Administrator or the Secretary of State may require a supplemental written report from the reporting law enforcement officer.

(b) The Department at its discretion may require a supplemental written report from the reporting law enforcement officer on a form supplied by the Department to be submitted directly to the Department. Such supplemental report may be used only for crash studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.

(c) The Department at its discretion may provide for in-depth investigations of crashes involving Department employees or other motor vehicle crashes by individuals or special investigation groups, including but not limited to police officers, photographers, engineers, doctors, mechanics, and as a result of the investigation may require the submission of written reports, photographs, charts, sketches, graphs, or a combination of all. Such individual written reports, photographs, charts, sketches, or graphs may be used only for crash studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.

(d) On and after July 1, 1997, law enforcement officers who have reason to suspect that the motor vehicle crash was the result of a driver's loss of consciousness due to a medical condition, as defined by the Driver's License Medical Review Law of 1992, or the result of any medical condition that impaired the driver's ability to safely operate a motor vehicle shall notify the Secretary of this determination. The Secretary, in conjunction with the Driver's License Medical Advisory Board, shall determine by administrative rule the temporary conditions not required to be reported under the provisions of this Section. The Secretary shall, in conjunction with the Illinois State Police and representatives of local and county law enforcement agencies, promulgate any rules necessary and develop the procedures and documents that may be required to obtain written, electronic, or other agreed upon methods of notification to implement the provisions of this Section.

(e) Law enforcement officers reporting under the provisions of subsection (d) of this Section shall enjoy the same immunities granted members of the Driver's License Medical Advisory Board under Section 6-910 of this Code.

(f) All information furnished to the Secretary under subsection (d) of this Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2-123 of this Code.

(Source: P.A. 102-982, eff. 7-1-23.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect on July 1, 2023.