Full Text of SB1580 100th General Assembly
SB1580enr 100TH GENERAL ASSEMBLY |
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| 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 10. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-408, 11-411, 11-412, and 11-414 and by | 6 | | adding Sections 1-146.5 and 11-417 as follows: | 7 | | (625 ILCS 5/1-146.5 new) | 8 | | Sec. 1-146.5. Motor vehicle accident data. Any information | 9 | | generated from a motor vehicle accident report or supplemental | 10 | | report, but shall not include a copy of the motor vehicle | 11 | | accident report or supplemental report, personally identifying | 12 | | information as defined in Section 1-159.2 of this Code, or any | 13 | | other information disclosure of which is prohibited by law.
| 14 | | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
| 15 | | Sec. 11-408. Police to report motor vehicle accident | 16 | | investigations.
| 17 | | (a) Every law enforcement officer who investigates a motor | 18 | | vehicle accident
for which a report is required by this Article | 19 | | or who prepares a written
report as a result of an | 20 | | investigation either at the time and scene of such
motor | 21 | | vehicle accident or thereafter by interviewing participants or
| 22 | | witnesses shall forward a written report of such motor vehicle |
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| 1 | | accident
to the Administrator on forms provided by the | 2 | | Administrator under Section
11-411 within 10 days after | 3 | | investigation of the motor
vehicle accident, or within such | 4 | | other time as is prescribed by the
Administrator.
Such written | 5 | | reports and the information contained in those reports required | 6 | | to be forwarded by law enforcement officers
and the information
| 7 | | contained therein are privileged as to the Secretary of State | 8 | | and the
Department
and, in the case of second division vehicles | 9 | | operated under certificate of
convenience and necessity issued | 10 | | by the Illinois Commerce Commission, to
the Commission, but | 11 | | shall not be held confidential by the reporting law
enforcement | 12 | | officer or agency. The Secretary of State may also disclose
| 13 | | notations of accident involvement maintained on individual | 14 | | driving records. However, the Administrator or the
Secretary of | 15 | | State may require a supplemental written report from the
| 16 | | reporting law enforcement officer and such supplemental report | 17 | | shall be
for the privileged use of the Secretary of State and | 18 | | the Department and
shall be held confidential. Upon request, | 19 | | the Department
shall furnish copies of its written accident | 20 | | reports to federal, State, and local
agencies that are engaged | 21 | | in highway safety research and studies. The reports shall be | 22 | | for the privileged use of the federal, State, and local
| 23 | | agencies receiving the reports and shall be held confidential .
| 24 | | (b) The Department at its discretion may require a | 25 | | supplemental written
report from the reporting law enforcement | 26 | | officer on a form supplied by the
Department to be submitted |
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| 1 | | directly to the Department. Such supplemental
report may be | 2 | | used only for accident studies and statistical or analytical
| 3 | | purposes under Section 11-412 or 11-414 of this Code , and | 4 | | shall be for the privileged use of the Department and shall
be | 5 | | held confidential .
| 6 | | (c) The Department at its discretion may also provide for | 7 | | in-depth
investigations of accidents involving Department | 8 | | employees or other a motor vehicle accidents accident by | 9 | | individuals or
special investigation groups, including but not | 10 | | limited to police officers,
photographers,
engineers, doctors, | 11 | | mechanics, and as a result of the investigation may
require the | 12 | | submission of written reports, photographs, charts, sketches,
| 13 | | graphs, or a combination of all. Such individual written | 14 | | reports,
photographs, charts, sketches, or graphs may be used | 15 | | only for accident
studies and statistical or analytical | 16 | | purposes under Section 11-412 or 11-414 of this Code , shall be | 17 | | for the privileged
use of the Department and held confidential, | 18 | | and shall not be used in any
trial, civil or criminal .
| 19 | | (d) On and after July 1, 1997, law enforcement officers who | 20 | | have reason to
suspect that the motor
vehicle accident was the | 21 | | result of a driver's loss of consciousness due to a
medical | 22 | | condition, as defined by the Driver's License Medical Review | 23 | | Law of
1992, or the result of any medical condition that | 24 | | impaired the
driver's ability to safely operate a motor vehicle | 25 | | shall notify the Secretary
of
this determination. The | 26 | | Secretary, in conjunction with the Driver's License
Medical |
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| 1 | | Advisory Board, shall determine by administrative rule the | 2 | | temporary
conditions not required to be reported under the | 3 | | provisions of this Section.
The
Secretary shall, in conjunction | 4 | | with the Illinois State Police and
representatives of local and | 5 | | county law enforcement agencies, promulgate any
rules | 6 | | necessary and develop the procedures and documents that may be | 7 | | required
to
obtain written, electronic, or other agreed upon | 8 | | methods of notification to
implement the provisions of this | 9 | | Section.
| 10 | | (e) Law enforcement officers reporting under the | 11 | | provisions of subsection
(d) of this Section shall enjoy the | 12 | | same immunities granted members of the
Driver's License Medical | 13 | | Advisory Board under Section 6-910 of this Code.
| 14 | | (f) All information furnished to the Secretary under | 15 | | subsection (d) of this
Section shall be deemed confidential and | 16 | | for the privileged use of the
Secretary in accordance with the | 17 | | provisions of subsection (j) of Section 2-123
of this Code.
| 18 | | (Source: P.A. 96-1147, eff. 7-21-10.)
| 19 | | (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
| 20 | | Sec. 11-411. Accident report forms.
| 21 | | (a) The Administrator must prepare and upon request supply | 22 | | to police
departments, sheriffs and other appropriate agencies | 23 | | or individuals, forms
for written accident reports as required | 24 | | hereunder, suitable with respect
to the persons required to | 25 | | make such reports and the purposes to be served.
The written |
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| 1 | | reports must call for sufficiently detailed information to
| 2 | | disclose with reference to a vehicle accident the cause, | 3 | | conditions then
existing, and the persons and vehicles involved | 4 | | or any other data
concerning such accident that may be required | 5 | | for a complete analysis of
all related circumstances and events | 6 | | leading to the accident or subsequent
to the occurrence.
| 7 | | (b) Every accident report required to be made in writing | 8 | | must be made on
an approved appropriate form or in an approved | 9 | | electronic format approved or provided by the Administrator and | 10 | | must
contain all the information required therein unless that | 11 | | information is not
available. The Department shall adopt any | 12 | | rules necessary to implement this subsection (b).
| 13 | | (c) Should special accident studies be required by the | 14 | | Administrator,
the Administrator may provide the supplemental | 15 | | forms for the special
studies.
| 16 | | (Source: P.A. 78-255.)
| 17 | | (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
| 18 | | Sec. 11-412. Motor vehicle accident reports confidential. | 19 | | (a) All required
written motor vehicle accident reports and | 20 | | supplemental reports shall
be without prejudice to the | 21 | | individual so reporting and shall be for the
confidential use | 22 | | of the Department and the Secretary of State and, in the
case | 23 | | of second division vehicles operated under certificate of | 24 | | convenience
and necessity issued by the Illinois Commerce | 25 | | Commission, of the Commission,
except that the Administrator or |
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| 1 | | the Secretary of State or the Commission may
disclose the | 2 | | identity of a person involved in a motor vehicle accident
when | 3 | | such identity is not otherwise known or when such person denies | 4 | | his
presence at such motor vehicle accident and the Department | 5 | | shall disclose
the identity of the insurance carrier, if any, | 6 | | upon demand. The Secretary of
State may also disclose notations | 7 | | of accident involvement maintained on
individual driving | 8 | | records. | 9 | | (b) Upon written request, the The Department shall
may | 10 | | furnish copies of its written accident reports or any | 11 | | supplemental reports to federal, State, and local
agencies that | 12 | | are engaged in highway safety research and studies and to any | 13 | | person or entity that has a contractual agreement with the | 14 | | Department or a federal, State, or local agency to complete a | 15 | | highway safety research and study for the Department or the | 16 | | federal, State, or local agency . Reports
furnished to any | 17 | | agency , person, or entity other than the Secretary of State or | 18 | | the Illinois
Commerce Commission may be used only for | 19 | | statistical or analytical purposes
and shall be held | 20 | | confidential by that agency , person, or entity .
These reports | 21 | | shall be exempt from inspection and copying under the Freedom | 22 | | of Information Act and shall not be No such written report | 23 | | shall be used as evidence in any trial, civil
or criminal, | 24 | | arising out of a motor vehicle accident, except
that the | 25 | | Administrator shall furnish upon demand of any person who has,
| 26 | | or claims to have, made such a written or supplemental report, |
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| 1 | | or upon demand of any
court, a certificate showing that a | 2 | | specified written accident report or supplemental report
has or | 3 | | has not been made to the Administrator solely to prove a | 4 | | compliance
or a failure to comply with the requirement that | 5 | | such a written or supplemental report
be made to the | 6 | | Administrator.
| 7 | | (c) Upon written request, the Department shall furnish | 8 | | motor vehicle accident data to a federal, State, or local | 9 | | agency, the Secretary of State, the Illinois Commerce | 10 | | Commission, or any other person or entity under Section 11-417 | 11 | | of this Code. | 12 | | (d) The Department of Transportation at its discretion may | 13 | | provide for
in-depth investigations of accidents involving | 14 | | Department employees or other motor vehicle accidents . A
| 15 | | written report describing the preventability of such an | 16 | | accident may be
prepared to enhance the safety of Department | 17 | | employees or the traveling public . Such reports and the | 18 | | information contained in those reports and
any opinions | 19 | | 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. 95-757, eff. 7-25-08.)
| 24 | | (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
| 25 | | Sec. 11-414.
Department to tabulate and analyze motor |
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| 1 | | vehicle accident
reports. The Department shall tabulate and may | 2 | | analyze all written motor
vehicle accident reports received in | 3 | | compliance with this Code
and shall publish annually or at more | 4 | | frequent intervals motor vehicle accident data statistical | 5 | | information
based thereon as to the number and circumstances of | 6 | | traffic accidents . The Department:
| 7 | | 1. (blank); shall submit a report of school bus accidents | 8 | | and accidents resulting
in personal injury to or the death of | 9 | | any person within 50 feet of a school
bus while awaiting or | 10 | | preparing to board the bus or immediately after exiting
the bus | 11 | | to the National Highway Safety Advisory Committee annually or | 12 | | as
requested by the Committee;
| 13 | | 2. shall , upon written request, compile, maintain, and make | 14 | | available to the public
motor vehicle accident data that shall | 15 | | be distributed under Sections 11-412 and 11-417 of this Code | 16 | | statistical information relating to traffic accidents | 17 | | involving medical
transport vehicles ;
| 18 | | 3. may conduct special investigations of motor vehicle
| 19 | | accidents and may solicit supplementary reports from drivers, | 20 | | owners,
police departments, sheriffs, coroners, or any other | 21 | | individual.
Failure of any individual to submit a supplementary | 22 | | report subjects such
individual to the same penalties for | 23 | | failure to report as designated
under Section 11-406.
| 24 | | (Source: P.A. 83-831.)
| 25 | | (625 ILCS 5/11-417 new) |
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| 1 | | Sec. 11-417. Motor vehicle accident report and motor | 2 | | vehicle accident data. | 3 | | (a) Upon written request and payment of the required fee, | 4 | | the Department shall make available to the public motor vehicle | 5 | | accident data received in compliance with this Code. The | 6 | | Department shall adopt any rules necessary to establish a fee | 7 | | schedule for motor vehicle accident data made available under | 8 | | Section 11-414 of this Code. | 9 | | (b) The Department shall provide copies of a written motor | 10 | | vehicle accident report or motor vehicle accident data without | 11 | | any cost or fees authorized under any provision of law to a | 12 | | federal, State, or local agency, the Secretary of State, the | 13 | | Illinois Commerce Commission, or any other person or entity | 14 | | that has a contractual agreement with the Department or a | 15 | | federal, State, or local agency to complete a highway safety | 16 | | research and study for the Department or the federal, State, or | 17 | | local agency. | 18 | | (c) All fees collected under this Section shall be placed | 19 | | in the Road Fund to be used, subject to appropriation, for the | 20 | | costs associated with motor vehicle accident records and motor | 21 | | vehicle accident data.
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