Bill Text: IL SB1580 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Vehicle Code. Removes provisions providing that a written motor vehicle accident report is privileged as to the Secretary of State and the Department of Transportation and shall be held confidential. Provides that the Department may provide for in-depth investigations of accidents involving Department employees or other motor vehicle accidents (rather than investigations of only motor vehicle accidents) by individuals or special investigation groups. Provides that an accident report required to be made in writing shall be made on an approved (rather than appropriate) form or in an approved electronic format provided by the Administrator. Provides that upon written request, the Department shall furnish copies of a written accident report or any supplemental reports to a federal, State, or local agency that is engaged in highway safety research and study and to any person or entity that has a contractual relationship 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. Provides that 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 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. Defines "motor vehicle accident data". Makes conforming changes. Amends the Freedom of Information Act to exempt from inspection and copying information contained in motor vehicle accident reports and supplemental reports under Article IV of Chapter 11 of the Illinois Vehicle Code.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-06-16 - Sent to the Governor [SB1580 Detail]

Download: Illinois-2017-SB1580-Enrolled.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 10. The Illinois Vehicle Code is amended by
5changing Sections 11-408, 11-411, 11-412, and 11-414 and by
6adding 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
9generated from a motor vehicle accident report or supplemental
10report, but shall not include a copy of the motor vehicle
11accident report or supplemental report, personally identifying
12information as defined in Section 1-159.2 of this Code, or any
13other 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
16investigations.
17 (a) Every law enforcement officer who investigates a motor
18vehicle accident for which a report is required by this Article
19or who prepares a written report as a result of an
20investigation either at the time and scene of such motor
21vehicle accident or thereafter by interviewing participants or
22witnesses shall forward a written report of such motor vehicle

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1accident to the Administrator on forms provided by the
2Administrator under Section 11-411 within 10 days after
3investigation of the motor vehicle accident, or within such
4other time as is prescribed by the Administrator. Such written
5reports and the information contained in those reports required
6to be forwarded by law enforcement officers and the information
7contained therein are privileged as to the Secretary of State
8and the Department and, in the case of second division vehicles
9operated under certificate of convenience and necessity issued
10by the Illinois Commerce Commission, to the Commission, but
11shall not be held confidential by the reporting law enforcement
12officer or agency. The Secretary of State may also disclose
13notations of accident involvement maintained on individual
14driving records. However, the Administrator or the Secretary of
15State may require a supplemental written report from the
16reporting law enforcement officer and such supplemental report
17shall be for the privileged use of the Secretary of State and
18the Department and shall be held confidential. Upon request,
19the Department shall furnish copies of its written accident
20reports to federal, State, and local agencies that are engaged
21in highway safety research and studies. The reports shall be
22for the privileged use of the federal, State, and local
23agencies receiving the reports and shall be held confidential.
24 (b) The Department at its discretion may require a
25supplemental written report from the reporting law enforcement
26officer on a form supplied by the Department to be submitted

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1directly to the Department. Such supplemental report may be
2used only for accident studies and statistical or analytical
3purposes under Section 11-412 or 11-414 of this Code , and
4shall be for the privileged use of the Department and shall be
5held confidential.
6 (c) The Department at its discretion may also provide for
7in-depth investigations of accidents involving Department
8employees or other a motor vehicle accidents accident by
9individuals or special investigation groups, including but not
10limited to police officers, photographers, engineers, doctors,
11mechanics, and as a result of the investigation may require the
12submission of written reports, photographs, charts, sketches,
13graphs, or a combination of all. Such individual written
14reports, photographs, charts, sketches, or graphs may be used
15only for accident studies and statistical or analytical
16purposes under Section 11-412 or 11-414 of this Code , shall be
17for the privileged use of the Department and held confidential,
18and shall not be used in any trial, civil or criminal.
19 (d) On and after July 1, 1997, law enforcement officers who
20have reason to suspect that the motor vehicle accident was the
21result of a driver's loss of consciousness due to a medical
22condition, as defined by the Driver's License Medical Review
23Law of 1992, or the result of any medical condition that
24impaired the driver's ability to safely operate a motor vehicle
25shall notify the Secretary of this determination. The
26Secretary, in conjunction with the Driver's License Medical

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1Advisory Board, shall determine by administrative rule the
2temporary conditions not required to be reported under the
3provisions of this Section. The Secretary shall, in conjunction
4with the Illinois State Police and representatives of local and
5county law enforcement agencies, promulgate any rules
6necessary and develop the procedures and documents that may be
7required to obtain written, electronic, or other agreed upon
8methods of notification to implement the provisions of this
9Section.
10 (e) Law enforcement officers reporting under the
11provisions of subsection (d) of this Section shall enjoy the
12same immunities granted members of the Driver's License Medical
13Advisory Board under Section 6-910 of this Code.
14 (f) All information furnished to the Secretary under
15subsection (d) of this Section shall be deemed confidential and
16for the privileged use of the Secretary in accordance with the
17provisions 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
22to police departments, sheriffs and other appropriate agencies
23or individuals, forms for written accident reports as required
24hereunder, suitable with respect to the persons required to
25make such reports and the purposes to be served. The written

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1reports must call for sufficiently detailed information to
2disclose with reference to a vehicle accident the cause,
3conditions then existing, and the persons and vehicles involved
4or any other data concerning such accident that may be required
5for a complete analysis of all related circumstances and events
6leading to the accident or subsequent to the occurrence.
7 (b) Every accident report required to be made in writing
8must be made on an approved appropriate form or in an approved
9electronic format approved or provided by the Administrator and
10must contain all the information required therein unless that
11information is not available. The Department shall adopt any
12rules necessary to implement this subsection (b).
13 (c) Should special accident studies be required by the
14Administrator, the Administrator may provide the supplemental
15forms 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
20supplemental reports shall be without prejudice to the
21individual so reporting and shall be for the confidential use
22of the Department and the Secretary of State and, in the case
23of second division vehicles operated under certificate of
24convenience and necessity issued by the Illinois Commerce
25Commission, of the Commission, except that the Administrator or

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1the Secretary of State or the Commission may disclose the
2identity of a person involved in a motor vehicle accident when
3such identity is not otherwise known or when such person denies
4his presence at such motor vehicle accident and the Department
5shall disclose the identity of the insurance carrier, if any,
6upon demand. The Secretary of State may also disclose notations
7of accident involvement maintained on individual driving
8records.
9 (b) Upon written request, the The Department shall may
10furnish copies of its written accident reports or any
11supplemental reports to federal, State, and local agencies that
12are engaged in highway safety research and studies and to any
13person or entity that has a contractual agreement with the
14Department or a federal, State, or local agency to complete a
15highway safety research and study for the Department or the
16federal, State, or local agency. Reports furnished to any
17agency, person, or entity other than the Secretary of State or
18the Illinois Commerce Commission may be used only for
19statistical or analytical purposes and shall be held
20confidential by that agency, person, or entity. These reports
21shall be exempt from inspection and copying under the Freedom
22of Information Act and shall not be No such written report
23shall be used as evidence in any trial, civil or criminal,
24arising out of a motor vehicle accident, except that the
25Administrator shall furnish upon demand of any person who has,
26or claims to have, made such a written or supplemental report,

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1or upon demand of any court, a certificate showing that a
2specified written accident report or supplemental report has or
3has not been made to the Administrator solely to prove a
4compliance or a failure to comply with the requirement that
5such a written or supplemental report be made to the
6Administrator.
7 (c) Upon written request, the Department shall furnish
8motor vehicle accident data to a federal, State, or local
9agency, the Secretary of State, the Illinois Commerce
10Commission, or any other person or entity under Section 11-417
11of this Code.
12 (d) The Department of Transportation at its discretion may
13provide for in-depth investigations of accidents involving
14Department employees or other motor vehicle accidents. A
15written report describing the preventability of such an
16accident may be prepared to enhance the safety of Department
17employees or the traveling public. Such reports and the
18information contained in those reports and any opinions
19expressed in the review of the accident as to the
20preventability of the accident shall be for the privileged use
21of the Department and held confidential and shall not be
22obtainable 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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1vehicle accident reports. The Department shall tabulate and may
2analyze all written motor vehicle accident reports received in
3compliance with this Code and shall publish annually or at more
4frequent intervals motor vehicle accident data statistical
5information based thereon as to the number and circumstances of
6traffic accidents. The Department:
7 1. (blank); shall submit a report of school bus accidents
8and accidents resulting in personal injury to or the death of
9any person within 50 feet of a school bus while awaiting or
10preparing to board the bus or immediately after exiting the bus
11to the National Highway Safety Advisory Committee annually or
12as requested by the Committee;
13 2. shall, upon written request, compile, maintain, and make
14available to the public motor vehicle accident data that shall
15be distributed under Sections 11-412 and 11-417 of this Code
16statistical information relating to traffic accidents
17involving medical transport vehicles;
18 3. may conduct special investigations of motor vehicle
19accidents and may solicit supplementary reports from drivers,
20owners, police departments, sheriffs, coroners, or any other
21individual. Failure of any individual to submit a supplementary
22report subjects such individual to the same penalties for
23failure 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
2vehicle accident data.
3 (a) Upon written request and payment of the required fee,
4the Department shall make available to the public motor vehicle
5accident data received in compliance with this Code. The
6Department shall adopt any rules necessary to establish a fee
7schedule for motor vehicle accident data made available under
8Section 11-414 of this Code.
9 (b) The Department shall provide copies of a written motor
10vehicle accident report or motor vehicle accident data without
11any cost or fees authorized under any provision of law to a
12federal, State, or local agency, the Secretary of State, the
13Illinois Commerce Commission, or any other person or entity
14that has a contractual agreement with the Department or a
15federal, State, or local agency to complete a highway safety
16research and study for the Department or the federal, State, or
17local agency.
18 (c) All fees collected under this Section shall be placed
19in the Road Fund to be used, subject to appropriation, for the
20costs associated with motor vehicle accident records and motor
21vehicle accident data.
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