Public Act 0852 103RD GENERAL ASSEMBLY

HB5189 Enrolled LRB103 38541 MXP 68677 b

Public Act 103-0852

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 adding Section 18c-7402.2 as follows:

(625 ILCS 5/18c-7402.2 new)

Sec. 18c-7402.2. Reports involving railroad fatalities. Personally identifying information, as defined in Section 1-159.2, of train crew members contained in reports involving railroad fatalities and contained in communications between police officers and train crew members involved in those occurrences shall be redacted from any public reports and shall be maintained by the police departments and any persons in subsequent possession thereof listed below in a manner that ensures the confidentiality of the train crew's personally identifying information. Unredacted copies of such reports and communications containing personally identifying information shall be accessible at all reasonable times:

(1) to the host or employing railroad;

(2) by court order, and to others specifically authorized by court order to obtain the information if the access is necessary in the performance of their duties; and

(3) to law enforcement officers, State's Attorneys, Assistant State's Attorneys, and Illinois Commerce Commission staff if the access is necessary in the performance of their duties.

Effective Date: 1/1/2025