Bill Text: IL SB3775 | 2023-2024 | 103rd General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Provides that the driver of a vehicle that is in any manner involved in any of the following types of crashes within the State shall, if no police officer is present, give notice of the crash by the fastest available means of communication to the specified law enforcement agency: (1) a crash that results in injury to or death of any person; (2) a crash that results in damage to the property of any person in excess of a specified amount; (3) a crash involving a school bus if the crash is caused by a collision, a sudden stop, or otherwise, and the crash results in any property damage, personal injury, or death; or (4) a crash that occurs within 50 feet of a school bus and results in personal injury to or death of any person who is awaiting or preparing to board the school bus or immediately after the person exits the school bus. Requires the Secretary of State to suspend the driver's license or non-resident's driving privileges of any person who violates those provisions. Provides that every law enforcement agency shall, by February 1 (rather than March 1) with regard to data collected during July through December of the previous calendar year, compile the data on the standardized law enforcement data compilation form provided by the Department of Transportation and transmit the data to the Department. Amends the DUI Prevention and Education Commission Act. Provides that moneys in the DUI Prevention and Education Fund shall be distributed by the Department with approval (rather than guidance) from the DUI Prevention and Education Commission for crash victim programs and materials, impaired driving prevention programs, law enforcement support, and other DUI-related programs (rather than as grants for those purposes). Makes related changes in the powers of the Commission.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Enrolled) 2024-06-21 - Sent to the Governor [SB3775 Detail]

Download: Illinois-2023-SB3775-Enrolled.html

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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 7-201, 7-201.1, 11-212, 11-404, 11-407, and
11-414 as follows:
(625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
Sec. 7-201. Application of Article II. The Administrator
as soon as practicable after the receipt of the report,
required to be filed under Section 11-407 Sections 11-406 and
11-410, of a motor vehicle crash occurring within this State
and that has resulted in bodily injury or death of any person
or that damage to the property of any one person in excess of
$1,500 (or $500 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) was
sustained, shall determine:
1. Whether Section 7-202 of this Code requires the
deposit of security by or on behalf of any person who was
the operator or owner of any motor vehicle in any manner
involved in the crash; and
2. What amount of security shall be sufficient to
satisfy any potential judgment or judgments for money

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damages resulting from the crash as may be recovered
against the operator or owner, which amount shall in no
event be less than $1,500 (or $500 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).
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
Sec. 7-201.1. If the Administrator has not received a
report required to be filed under Section 11-407 Sections
11-406 and 11-410, or if the information contained in a report
is insufficient, the Administrator shall send to the person
required to file the report a written request for the missing
report or the missing information. The Administrator shall
send such request no later than 45 days after the crash or 7
days after receiving information that such crash has occurred,
whichever is later.
If the request is sent to a driver involved in a crash, the
request or an attachment thereto shall contain in bold print a
warning that failure to comply with the request within 15 days
may result in the suspension of the driver's license.
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/11-212)
Sec. 11-212. Traffic and pedestrian stop statistical

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study.
(a) Whenever a State or local law enforcement officer
issues a uniform traffic citation or warning citation for an
alleged violation of the Illinois Vehicle Code, he or she
shall record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from the
following list: American Indian or Alaska Native, Asian,
Black or African American, Hispanic or Latino, Native
Hawaiian or Other Pacific Islander, or White;
(2) the alleged traffic violation that led to the stop
of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;

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(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer
stops a motorist for an alleged violation of the Illinois
Vehicle Code and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card,
which includes field contact cards, or any other existing form
currently used by law enforcement containing information
required pursuant to this Act, that records at least the
following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from the
following list: American Indian or Alaska Native, Asian,
Black or African American, Hispanic or Latino, Native
Hawaiian or Other Pacific Islander, or White;
(2) the reason that led to the stop of the motorist;

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(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b-5) For purposes of this subsection (b-5), "detention"
means all frisks, searches, summons, and arrests. Whenever a
law enforcement officer subjects a pedestrian to detention in

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a public place, he or she shall complete a uniform pedestrian
stop card, which includes any existing form currently used by
law enforcement containing all the information required under
this Section, that records at least the following:
(1) the gender, and the officer's subjective
determination of the race of the person stopped; the
person's race shall be selected from the following list:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander, or White;
(2) all the alleged reasons that led to the stop of the
person;
(3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
conducted of the person; and, if so, all the alleged
reasons that led to the protective pat down or frisk, and
whether it was with consent or by other means;
(6) whether or not contraband was found during the
protective pat down or frisk; and, if so, the type and
amount of contraband seized;
(7) whether or not a search beyond a protective pat
down or frisk was conducted of the person or his or her
effects; and, if so, all the alleged reasons that led to
the search, and whether it was with consent or by other
means;

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(8) whether or not contraband was found during the
search beyond a protective pat down or frisk; and, if so,
the type and amount of contraband seized;
(9) the disposition of the stop, such as a warning, a
ticket, a summons, or an arrest;
(10) if a summons or ticket was issued, or an arrest
made, a record of the violations, offenses, or crimes
alleged or charged; and
(11) the name and badge number of the officer who
conducted the detention.
This subsection (b-5) does not apply to searches or
inspections for compliance authorized under the Fish and
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
or searches or inspections during routine security screenings
at facilities or events.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form
on its website.
(d) Every law enforcement agency shall, by February March
1 with regard to data collected during July through December
of the previous calendar year and by August 1 with regard to
data collected during January through June of the current
calendar year, compile the data described in subsections (a),
(b), and (b-5) on the standardized law enforcement data
compilation form provided by the Illinois Department of
Transportation and transmit the data to the Department.

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(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies required
by this Section and submit a report of the previous year's
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year. The
Illinois Department of Transportation may contract with an
outside entity for the analysis of the data provided. In
analyzing the data collected under this Section, the analyzing
entity shall scrutinize the data for evidence of statistically
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in
which statistically significant aberrations may be found:
(1) The percentage of minority drivers, passengers, or
pedestrians being stopped in a given area is substantially
higher than the proportion of the overall population in or
traveling through the area that the minority constitutes.
(2) A substantial number of false stops including
stops not resulting in the issuance of a traffic ticket or
the making of an arrest.
(3) A disparity between the proportion of citations
issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers, passengers, or pedestrians being stopped in a

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given area.
(5) A disparity between the frequency of searches
performed on minority drivers or pedestrians and the
frequency of searches performed on non-minority drivers or
pedestrians.
(f) Any law enforcement officer identification information
and driver or pedestrian identification information that is
compiled by any law enforcement agency or the Illinois
Department of Transportation pursuant to this Act for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,
and the information shall not be transmitted to anyone except
as needed to comply with this Section. This Section shall not
exempt those materials that, prior to the effective date of
this amendatory Act of the 93rd General Assembly, were
available under the Freedom of Information Act. This
subsection (f) shall not preclude law enforcement agencies
from reviewing data to perform internal reviews.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as
directed by the Governor.
(h) The Illinois Criminal Justice Information Authority,
in consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Illinois State Police, the Illinois Sheriffs Association, and

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the Chicago Police Department, and community groups and other
experts, shall undertake a study to determine the best use of
technology to collect, compile, and analyze the traffic stop
statistical study data required by this Section. The
Department shall report its findings and recommendations to
the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and
Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to
determine the best use of technology to collect, compile,
and analyze the traffic stop statistical study data
required by this Section.
(2) The Task Force shall be an independent Task Force
under the Illinois Criminal Justice Information Authority
for administrative purposes, and shall consist of the
following members:
(A) 2 academics or researchers who have studied
issues related to traffic or pedestrian stop data
collection and have education or expertise in
statistics;
(B) one professor from an Illinois university who
specializes in policing and racial equity;
(C) one representative from the Illinois State
Police;
(D) one representative from the Chicago Police
Department;

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(E) one representative from the Illinois Chiefs of
Police;
(F) one representative from the Illinois Sheriffs
Association;
(G) one representative from the Chicago Fraternal
Order of Police;
(H) one representative from the Illinois Fraternal
Order of Police;
(I) the Executive Director of the American Civil
Liberties Union of Illinois, or his or her designee;
and
(J) 5 representatives from different community
organizations who specialize in civil or human rights,
policing, or criminal justice reform work, and that
represent a range of minority interests or different
parts of the State.
(3) The Illinois Criminal Justice Information
Authority may consult, contract, work in conjunction with,
and obtain any information from any individual, agency,
association, or research institution deemed appropriate by
the Authority.
(4) The Task Force shall report its findings and
recommendations to the Governor and the General Assembly
by March 1, 2022 and every 3 years after.
(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person

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having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(2.5) "Badge" means an officer's department issued
identification number associated with his or her position
as a police officer with that department.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa.
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of
the original peoples of Europe, the Middle East, or North
Africa.
(i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

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(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
Sec. 11-404. Duty upon damaging unattended vehicle or
other property.
(a) The driver of any vehicle which collides with or is
involved in a motor vehicle crash with any vehicle which is
unattended, or other property, resulting in any damage to such
other vehicle or property shall immediately stop and shall
then and there either locate and notify the operator or owner
of such vehicle or other property of the driver's name,
address, registration number and owner of the vehicle the
driver was operating or shall attach securely in a conspicuous
place on or in the vehicle or other property struck a written
notice giving the driver's name, address, registration number
and owner of the vehicle the driver was driving and shall
without unnecessary delay notify the nearest office of a duly
authorized police authority and shall make a written report of
such crash when and as required in Section 11-407 11-406.
Every such stop shall be made without obstructing traffic more
than is necessary. If a damaged vehicle is obstructing traffic
lanes, the driver of the vehicle must make every reasonable
effort to move the vehicle or have it moved so as not to block
the traffic lanes.
(b) Any person failing to comply with this Section shall
be guilty of a Class A misdemeanor.
(c) If any peace officer or highway authority official
finds (i) a vehicle standing upon a highway or toll highway in

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violation of a prohibition, limitation, or restriction on
stopping, standing, or parking imposed under this Code or (ii)
a disabled vehicle that obstructs the roadway of a highway or
toll highway, the peace officer or highway authority official
is authorized to move the vehicle or to require the operator of
the vehicle to move the vehicle to the shoulder of the road, to
a position where parking is permitted, or to public parking or
storage premises. The removal may be performed by, or under
the direction of, the peace officer or highway authority
official or may be contracted for by local authorities. After
the vehicle has been removed, the peace officer or highway
authority official shall follow appropriate procedures, as
provided in Section 4-203 of this Code.
(d) A towing service, its officers, and its employees are
not liable for loss of or damages to any real or personal
property that occurs as the result of the removal or towing of
any vehicle under subsection (c), as provided in subsection
(b) of Section 4-213.
(Source: P.A. 102-982, eff. 7-1-23.)
(625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
Sec. 11-407. Immediate notice of crash.
(a) The driver of a vehicle that which is in any manner
involved in a crash in this State that requires notice to be
given to the local police department, the county sheriff, or
the Illinois State Police under this Section described in

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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. Notice is required to be given under
this subsection (a) if the crash: (1) results in injury to or
death of any person; (2) results in damage to the property of
any person, including the driver, in excess of $1,500 (or $500
if any of the vehicles involved in the accident is subject to
Section 7-601 but is not covered by a liability insurance
policy) in accordance with Section 7-601; (3) if a school bus
is involved in the crash and the crash is caused by a
collision, a sudden stop, or otherwise, and the crash results
in any property damage, personal injury, or death; or (4) if
the crash occurs within 50 feet of a school bus and results in
personal injury to or death of any person who is awaiting or
preparing to board the school bus or immediately after the
person exits the school bus.
(b) Whenever the driver of a vehicle is physically
incapable of giving immediate notice of a crash as required in
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 (a).
(Source: P.A. 102-982, eff. 7-1-23.)

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(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
Sec. 11-414. Department to tabulate and analyze motor
vehicle crash reports. The Department shall tabulate and may
analyze all written motor vehicle crash reports received in
compliance with this Code and shall publish annually or at
more frequent intervals motor vehicle crash data. The
Department:
1. (blank);
2. shall, upon written request, make available to the
public motor vehicle crash data that shall be distributed
under Sections 11-412 and 11-417 of this Code;
3. may conduct special investigations of motor vehicle
crashes 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 11-407 11-406.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 10. The DUI Prevention and Education Commission
Act is amended by changing Sections 15 and 20 as follows:
(625 ILCS 70/15)
Sec. 15. Powers. The Commission may create rules and
guidelines for distributing funds and shall:

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(1) determine the best course of action for distributing
funds on a regular basis, either a competitive grant
program or direct expenditures from the DUI Prevention and
Education Fund;
(2) at the end of fiscal years when funds are expended,
provide a report to the General Assembly of how funds were
expended, including, but not limited to, a list of
grantees if applicable and program metrics; and
(3) provide approval to the Department of Transportation
for use of funds.
(1) create rules and guidelines to consider in
accepting, reviewing, and determining grant applications;
(2) as necessary, meet to determine recipients of
grants from the DUI Prevention and Education Fund; and
(3) provide a list of eligible grant recipients to the
Department of Transportation.
(Source: P.A. 101-196, eff. 1-1-20.)
(625 ILCS 70/20)
Sec. 20. DUI Prevention and Education Fund; transfer of
funds.
(a) The DUI Prevention and Education Fund is created as a
special fund in the State treasury. Subject to appropriation,
all moneys in the DUI Prevention and Education Fund shall be
distributed by the Department of Transportation with approval
guidance from the DUI Prevention and Education Commission as

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