101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4964

 

Introduced 2/18/2020, by Rep. John C. D'Amico

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-404  from Ch. 95 1/2, par. 11-404
625 ILCS 5/11-408  from Ch. 95 1/2, par. 11-408
625 ILCS 5/11-409  from Ch. 95 1/2, par. 11-409
625 ILCS 5/11-411  from Ch. 95 1/2, par. 11-411
625 ILCS 5/11-412  from Ch. 95 1/2, par. 11-412
625 ILCS 5/11-414  from Ch. 95 1/2, par. 11-414
625 ILCS 5/11-415  from Ch. 95 1/2, par. 11-415
625 ILCS 5/11-416  from Ch. 95 1/2, par. 11-416
625 ILCS 5/11-417

    Amends the Illinois Vehicle Code. Requires motor vehicle accident reports and requests for motor vehicle accident reports to be electronic rather than written. Makes corresponding changes. Effective January 1, 2022.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4964LRB101 16611 LNS 65995 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-404, 11-408, 11-409, 11-411, 11-412, 11-414,
611-415, 11-416, and 11-417 as follows:
 
7    (625 ILCS 5/11-404)  (from Ch. 95 1/2, par. 11-404)
8    Sec. 11-404. Duty upon damaging unattended vehicle or other
9property.
10    (a) The driver of any vehicle which collides with or is
11involved in a motor vehicle accident with any vehicle which is
12unattended, or other property, resulting in any damage to such
13other vehicle or property shall immediately stop and shall then
14and there either locate and notify the operator or owner of
15such vehicle or other property of the driver's name, address,
16registration number and owner of the vehicle the driver was
17operating or shall attach securely in a conspicuous place on or
18in the vehicle or other property struck a written notice giving
19the driver's name, address, registration number and owner of
20the vehicle the driver was driving and shall without
21unnecessary delay notify the nearest office of a duly
22authorized police authority and shall make a written report of
23such accident when and as required in Section 11-406. Every

 

 

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1such stop shall be made without obstructing traffic more than
2is necessary. If a damaged vehicle is obstructing traffic
3lanes, the driver of the vehicle must make every reasonable
4effort to move the vehicle or have it moved so as not to block
5the traffic lanes.
6    (b) Any person failing to comply with this Section shall be
7guilty of a Class A misdemeanor.
8    (c) If any peace officer or highway authority official
9finds (i) a vehicle standing upon a highway or toll highway in
10violation of a prohibition, limitation, or restriction on
11stopping, standing, or parking imposed under this Code or (ii)
12a disabled vehicle that obstructs the roadway of a highway or
13toll highway, the peace officer or highway authority official
14is authorized to move the vehicle or to require the operator of
15the vehicle to move the vehicle to the shoulder of the road, to
16a position where parking is permitted, or to public parking or
17storage premises. The removal may be performed by, or under the
18direction of, the peace officer or highway authority official
19or may be contracted for by local authorities. After the
20vehicle has been removed, the peace officer or highway
21authority official shall follow appropriate procedures, as
22provided in Section 4-203 of this Code.
23    (d) A towing service, its officers, and its employees are
24not liable for loss of or damages to any real or personal
25property that occurs as the result of the removal or towing of
26any vehicle under subsection (c), as provided in subsection (b)

 

 

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1of Section 4-213.
2(Source: P.A. 95-407, eff. 1-1-08.)
 
3    (625 ILCS 5/11-408)  (from Ch. 95 1/2, par. 11-408)
4    Sec. 11-408. Police to report motor vehicle accident
5investigations.
6    (a) Every law enforcement officer who investigates a motor
7vehicle accident for which a report is required by this Article
8or who prepares an electronic a written report as a result of
9an investigation either at the time and scene of such motor
10vehicle accident or thereafter by interviewing participants or
11witnesses shall forward an electronic a written report of such
12motor vehicle accident to the Administrator on forms provided
13by the Administrator under Section 11-411 within 10 days after
14investigation of the motor vehicle accident, or within such
15other time as is prescribed by the Administrator. Such written
16reports and the information contained in those reports required
17to be forwarded by law enforcement officers shall not be held
18confidential by the reporting law enforcement officer or
19agency. The Secretary of State may also disclose notations of
20accident involvement maintained on individual driving records.
21However, the Administrator or the Secretary of State may
22require a supplemental written report from the reporting law
23enforcement officer.
24    (b) The Department at its discretion may require a
25supplemental written report from the reporting law enforcement

 

 

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

 

 

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1with the Illinois State Police and representatives of local and
2county law enforcement agencies, promulgate any rules
3necessary and develop the procedures and documents that may be
4required to obtain written, electronic, or other agreed upon
5methods of notification to implement the provisions of this
6Section.
7    (e) Law enforcement officers reporting under the
8provisions of subsection (d) of this Section shall enjoy the
9same immunities granted members of the Driver's License Medical
10Advisory Board under Section 6-910 of this Code.
11    (f) All information furnished to the Secretary under
12subsection (d) of this Section shall be deemed confidential and
13for the privileged use of the Secretary in accordance with the
14provisions of subsection (j) of Section 2-123 of this Code.
15(Source: P.A. 100-96, eff. 1-1-18.)
 
16    (625 ILCS 5/11-409)  (from Ch. 95 1/2, par. 11-409)
17    Sec. 11-409. False motor vehicle accident reports or
18notices. Any person who provides information in an oral or
19written report required by this Code with knowledge or reason
20to believe that such information is false shall be guilty of a
21Class C misdemeanor.
22(Source: P.A. 83-831.)
 
23    (625 ILCS 5/11-411)  (from Ch. 95 1/2, par. 11-411)
24    Sec. 11-411. Accident report forms.

 

 

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1    (a) The Administrator must prepare and upon request supply
2to police departments, sheriffs and other appropriate agencies
3or individuals, forms for electronic written accident reports
4as required hereunder, suitable with respect to the persons
5required to make such reports and the purposes to be served.
6The written reports must call for sufficiently detailed
7information to disclose with reference to a vehicle accident
8the cause, conditions then existing, and the persons and
9vehicles involved or any other data concerning such accident
10that may be required for a complete analysis of all related
11circumstances and events leading to the accident or subsequent
12to the occurrence.
13    (b) Every accident report required to be made in writing
14must be made on an approved form or in an approved electronic
15format provided by the Administrator and must contain all the
16information required therein unless that information is not
17available. The Department shall adopt any rules necessary to
18implement this subsection (b).
19    (c) Should special accident studies be required by the
20Administrator, the Administrator may provide the electronic
21supplemental forms for the special studies.
22(Source: P.A. 100-96, eff. 1-1-18.)
 
23    (625 ILCS 5/11-412)  (from Ch. 95 1/2, par. 11-412)
24    Sec. 11-412. Motor vehicle accident reports confidential.
25    (a) All required written motor vehicle accident reports and

 

 

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1supplemental reports shall be without prejudice to the
2individual so reporting and shall be for the confidential use
3of the Department and the Secretary of State and, in the case
4of second division vehicles operated under certificate of
5convenience and necessity issued by the Illinois Commerce
6Commission, of the Commission, except that the Administrator or
7the Secretary of State or the Commission may disclose the
8identity of a person involved in a motor vehicle accident when
9such identity is not otherwise known or when such person denies
10his presence at such motor vehicle accident and the Department
11shall disclose the identity of the insurance carrier, if any,
12upon demand. The Secretary of State may also disclose notations
13of accident involvement maintained on individual driving
14records.
15    (b) Upon written request, the Department shall furnish
16copies of its written accident reports or any supplemental
17reports to federal, State, and local agencies that are engaged
18in highway safety research and studies and to any person or
19entity that has a contractual agreement with the Department or
20a federal, State, or local agency to complete a highway safety
21research and study for the Department or the federal, State, or
22local agency. Reports furnished to any agency, person, or
23entity other than the Secretary of State or the Illinois
24Commerce Commission may be used only for statistical or
25analytical purposes and shall be held confidential by that
26agency, person, or entity. These reports shall be exempt from

 

 

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1inspection and copying under the Freedom of Information Act and
2shall not be used as evidence in any trial, civil or criminal,
3arising out of a motor vehicle accident, except that the
4Administrator shall furnish upon demand of any person who has,
5or claims to have, made such an electronic a written or
6supplemental report, or upon demand of any court, a certificate
7showing that a specified written accident report or
8supplemental report has or has not been made to the
9Administrator solely to prove a compliance or a failure to
10comply with the requirement that such an electronic a written
11or supplemental report be made to the Administrator.
12    (c) Upon written request, the Department shall furnish
13motor vehicle accident data to a federal, State, or local
14agency, the Secretary of State, the Illinois Commerce
15Commission, or any other person or entity under Section 11-417
16of this Code.
17    (d) The Department at its discretion may provide for
18in-depth investigations of accidents involving Department
19employees or other motor vehicle accidents. A written report
20describing the preventability of such an accident may be
21prepared to enhance the safety of Department employees or the
22traveling public. Such reports and the information contained in
23those reports and any opinions expressed in the review of the
24accident as to the preventability of the accident shall be for
25the privileged use of the Department and held confidential and
26shall not be obtainable or used in any civil or criminal

 

 

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1proceeding.
2(Source: P.A. 100-96, eff. 1-1-18.)
 
3    (625 ILCS 5/11-414)  (from Ch. 95 1/2, par. 11-414)
4    Sec. 11-414. Department to tabulate and analyze motor
5vehicle accident reports. The Department shall tabulate and may
6analyze all written motor vehicle accident reports received in
7compliance with this Code and shall publish annually or at more
8frequent intervals motor vehicle accident data. The
9Department:
10        1. (blank);
11        2. shall, upon written request, make available to the
12    public motor vehicle accident data that shall be
13    distributed under Sections 11-412 and 11-417 of this Code;
14        3. may conduct special investigations of motor vehicle
15    accidents and may solicit supplementary reports from
16    drivers, owners, police departments, sheriffs, coroners,
17    or any other individual. Failure of any individual to
18    submit a supplementary report subjects such individual to
19    the same penalties for failure to report as designated
20    under Section 11-406.
21(Source: P.A. 100-96, eff. 1-1-18.)
 
22    (625 ILCS 5/11-415)  (from Ch. 95 1/2, par. 11-415)
23    Sec. 11-415. Municipalities may require traffic accident
24reports. Municipalities may by ordinance require that the

 

 

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1driver or owner of a vehicle involved in a traffic accident
2file with the designated municipal office an electronic a
3written report of such accident. All such reports shall be for
4the confidential use of the municipal office and subject to the
5provisions of Section 11-412.
6(Source: P.A. 83-831.)
 
7    (625 ILCS 5/11-416)  (from Ch. 95 1/2, par. 11-416)
8    Sec. 11-416. Furnishing copies - Fees. The Department of
9State Police may furnish copies of an Illinois State Police
10Traffic Accident Report that has been investigated by the State
11Police and shall be paid a fee of $5 for each such copy, or in
12the case of an accident which was investigated by an accident
13reconstruction officer or accident reconstruction team, a fee
14of $20 shall be paid. These fees shall be deposited into the
15State Police Services Fund.
16    Other State law enforcement agencies or law enforcement
17agencies of local authorities may furnish copies of traffic
18accident reports prepared by such agencies and may receive a
19fee not to exceed $5 for each copy or in the case of an accident
20which was investigated by an accident reconstruction officer or
21accident reconstruction team, the State or local law
22enforcement agency may receive a fee not to exceed $20.
23    Any written accident report required or requested to be
24furnished the Administrator shall be provided without cost or
25fee charges authorized under this Section or any other

 

 

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1provision of law.
2(Source: P.A. 101-571, eff. 8-23-19.)
 
3    (625 ILCS 5/11-417)
4    Sec. 11-417. Motor vehicle accident report and motor
5vehicle accident data.
6    (a) Upon written request and payment of the required fee,
7the Department shall make available to the public motor vehicle
8accident data received in compliance with this Code. The
9Department shall adopt any rules necessary to establish a fee
10schedule for motor vehicle accident data made available under
11Section 11-414 of this Code.
12    (b) The Department shall provide copies of a written motor
13vehicle accident report or motor vehicle accident data without
14any cost or fees authorized under any provision of law to a
15federal, State, or local agency, the Secretary of State, the
16Illinois Commerce Commission, or any other person or entity
17that has a contractual agreement with the Department or a
18federal, State, or local agency to complete a highway safety
19research and study for the Department or the federal, State, or
20local agency.
21    (c) All fees collected under this Section shall be placed
22in the Road Fund to be used, subject to appropriation, for the
23costs associated with motor vehicle accident records and motor
24vehicle accident data.
25(Source: P.A. 100-96, eff. 1-1-18.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2022.