Public Act 095-0757
SB2391 Enrolled LRB095 15397 DRH 41385 b

    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
Section 11-412 as follows:
    (625 ILCS 5/11-412)  (from Ch. 95 1/2, par. 11-412)
    Sec. 11-412. Motor vehicle accident reports confidential.
All required written motor vehicle accident reports and
supplemental reports shall be without prejudice to the
individual so reporting and shall be for the confidential use
of the Department and the Secretary of State and, in the case
of second division vehicles operated under certificate of
convenience and necessity issued by the Illinois Commerce
Commission, of the Commission, except that the Administrator or
the Secretary of State or the Commission may disclose the
identity of a person involved in a motor vehicle accident when
such identity is not otherwise known or when such person denies
his presence at such motor vehicle accident and the Department
shall disclose the identity of the insurance carrier, if any,
upon demand. The Secretary of State may also disclose notations
of accident involvement maintained on individual driving
records. The Department may furnish copies of its written
accident reports to federal, and State, and local agencies that
are engaged in highway safety research and studies. Reports
furnished to any agency other than the Secretary of State or
the Illinois Commerce Commission may be used only for
statistical or analytical purposes and shall be held
confidential by that agency. No such written report shall be
used as evidence in any trial, civil or criminal, arising out
of a motor vehicle accident, except that the Administrator
shall furnish upon demand of any person who has, or claims to
have, made such a written report, or upon demand of any court,
a certificate showing that a specified written accident report
has or has not been made to the Administrator solely to prove a
compliance or a failure to comply with the requirement that
such a written report be made to the Administrator.
    The Department of Transportation at its discretion may
provide for in-depth investigations of accidents involving
Department employees. A written report describing the
preventability of such an accident may be prepared to enhance
the safety of Department employees. Such reports and any
opinions expressed in the review of the accident as to the
preventability of the accident shall be for the privileged use
of the Department and held confidential and shall not be
obtainable or used in any civil or criminal proceeding.
(Source: P.A. 89-503, eff. 7-1-96.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/25/2008