Bill Text: IL HB3100 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-04-19 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3100 Detail]

Download: Illinois-2023-HB3100-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3100 Introduced , 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.
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A BILL FOR
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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)

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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

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(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

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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

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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

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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

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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

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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

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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.