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Public Act 100-0096 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Illinois Vehicle Code is amended by | ||||
changing Sections 11-408, 11-411, 11-412, and 11-414 and by | ||||
adding Sections 1-146.5 and 11-417 as follows: | ||||
(625 ILCS 5/1-146.5 new) | ||||
Sec. 1-146.5. Motor vehicle accident data. Any information | ||||
generated from a motor vehicle accident report or supplemental | ||||
report, but shall not include a copy of the motor vehicle | ||||
accident report or supplemental report, personally identifying | ||||
information as defined in Section 1-159.2 of this Code, or any | ||||
other information disclosure of which is prohibited by law.
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(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
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Sec. 11-408. Police to report motor vehicle accident | ||||
investigations.
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(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
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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
and the information
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contained therein are privileged as to the Secretary of State | ||
and the
Department
and, in the case of second division vehicles | ||
operated under certificate of
convenience and necessity issued | ||
by the Illinois Commerce Commission, to
the Commission, but | ||
shall not be held confidential by the reporting law
enforcement | ||
officer or agency. The Secretary of State may also disclose
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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
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reporting law enforcement officer and such supplemental report | ||
shall be
for the privileged use of the Secretary of State and | ||
the Department and
shall be held confidential. Upon request, | ||
the Department
shall furnish copies of its written accident | ||
reports to federal, State, and local
agencies that are engaged | ||
in highway safety research and studies. The reports shall be | ||
for the privileged use of the federal, State, and local
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agencies receiving the reports and shall be held confidential .
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(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
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purposes under Section 11-412 or 11-414 of this Code , and | ||
shall be for the privileged use of the Department and shall
be | ||
held confidential .
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(c) The Department at its discretion may also provide for | ||
in-depth
investigations of accidents involving Department | ||
employees or other a motor vehicle accidents accident 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,
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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 , shall be | ||
for the privileged
use of the Department and held confidential, | ||
and shall not be used in any
trial, civil or criminal .
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(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.
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(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.
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(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.
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(Source: P.A. 96-1147, eff. 7-21-10.)
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(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
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Sec. 11-411. Accident report forms.
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(a) The Administrator must prepare and upon request supply | ||
to police
departments, sheriffs and other appropriate agencies | ||
or individuals, forms
for written accident reports as required | ||
hereunder, suitable with respect
to the persons required to | ||
make such reports and the purposes to be served.
The written |
reports must call for sufficiently detailed information to
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disclose with reference to a vehicle accident the cause, | ||
conditions then
existing, and the persons and vehicles involved | ||
or any other data
concerning such accident that may be required | ||
for a complete analysis of
all related circumstances and events | ||
leading to the accident or subsequent
to the occurrence.
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(b) Every accident report required to be made in writing | ||
must be made on
an approved appropriate form or in an approved | ||
electronic format approved or provided by the Administrator and | ||
must
contain all the information required therein unless that | ||
information is not
available. The Department shall adopt any | ||
rules necessary to implement this subsection (b).
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(c) Should special accident studies be required by the | ||
Administrator,
the Administrator may provide the supplemental | ||
forms for the special
studies.
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(Source: P.A. 78-255.)
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(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
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Sec. 11-412. Motor vehicle accident reports confidential. | ||
(a) 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. | ||
(b) Upon written request, the The Department shall
may | ||
furnish copies of its written accident reports or any | ||
supplemental reports to federal, State, and local
agencies that | ||
are engaged in highway safety research and studies and to any | ||
person or entity that has a contractual agreement with the | ||
Department or a federal, State, or local agency to complete a | ||
highway safety research and study for the Department or the | ||
federal, State, or local agency . Reports
furnished to any | ||
agency , person, or entity 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 , person, or entity .
These reports | ||
shall be exempt from inspection and copying under the Freedom | ||
of Information Act and shall not be 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,
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or claims to have, made such a written or supplemental report, |
or upon demand of any
court, a certificate showing that a | ||
specified written accident report or supplemental 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 or supplemental report
be made to the | ||
Administrator.
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(c) Upon written request, the Department shall furnish | ||
motor vehicle accident data to a federal, State, or local | ||
agency, the Secretary of State, the Illinois Commerce | ||
Commission, or any other person or entity under Section 11-417 | ||
of this Code. | ||
(d) The Department of Transportation at its discretion may | ||
provide for
in-depth investigations of accidents involving | ||
Department employees or other motor vehicle accidents . A
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written report describing the preventability of such an | ||
accident may be
prepared to enhance the safety of Department | ||
employees or the traveling public . Such reports and the | ||
information contained in those reports and
any opinions | ||
expressed in the review of the accident as to the
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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.
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(Source: P.A. 95-757, eff. 7-25-08.)
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(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
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Sec. 11-414.
Department to tabulate and analyze motor |
vehicle accident
reports. The Department shall tabulate and may | ||
analyze all written motor
vehicle accident reports received in | ||
compliance with this Code
and shall publish annually or at more | ||
frequent intervals motor vehicle accident data statistical | ||
information
based thereon as to the number and circumstances of | ||
traffic accidents . The Department:
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1. (blank); shall submit a report of school bus accidents | ||
and accidents resulting
in personal injury to or the death of | ||
any person within 50 feet of a school
bus while awaiting or | ||
preparing to board the bus or immediately after exiting
the bus | ||
to the National Highway Safety Advisory Committee annually or | ||
as
requested by the Committee;
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2. shall , upon written request, compile, maintain, and make | ||
available to the public
motor vehicle accident data that shall | ||
be distributed under Sections 11-412 and 11-417 of this Code | ||
statistical information relating to traffic accidents | ||
involving medical
transport vehicles ;
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3. may conduct special investigations of motor vehicle
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accidents and may solicit supplementary reports from drivers, | ||
owners,
police departments, sheriffs, coroners, or any other | ||
individual.
Failure of any individual to submit a supplementary | ||
report subjects such
individual to the same penalties for | ||
failure to report as designated
under Section 11-406.
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(Source: P.A. 83-831.)
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(625 ILCS 5/11-417 new) |
Sec. 11-417. Motor vehicle accident report and motor | ||
vehicle accident data. | ||
(a) Upon written request and payment of the required fee, | ||
the Department shall make available to the public motor vehicle | ||
accident data received in compliance with this Code. The | ||
Department shall adopt any rules necessary to establish a fee | ||
schedule for motor vehicle accident data made available under | ||
Section 11-414 of this Code. | ||
(b) The Department shall provide copies of a written motor | ||
vehicle accident report or motor vehicle accident data without | ||
any cost or fees authorized under any provision of law to a | ||
federal, State, or local agency, the Secretary of State, the | ||
Illinois Commerce Commission, or any other person or entity | ||
that has a contractual agreement with the Department or a | ||
federal, State, or local agency to complete a highway safety | ||
research and study for the Department or the federal, State, or | ||
local agency. | ||
(c) All fees collected under this Section shall be placed | ||
in the Road Fund to be used, subject to appropriation, for the | ||
costs associated with motor vehicle accident records and motor | ||
vehicle accident data.
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