Rep. Matt Hanson

Filed: 4/16/2024

 

 


 

 


 
10300HB3100ham003LRB103 30065 RTM 71312 a

1
AMENDMENT TO HOUSE BILL 3100

2    AMENDMENT NO. ______. Amend House Bill 3100, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Sections 7-201, 7-201.1, 11-407, and 11-408 as
7follows:
 
8    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
9    Sec. 7-201. Application of Article II. The Administrator
10as soon as practicable after the receipt of the report,
11required to be filed under Section Sections 11-406 and 11-410,
12of a motor vehicle crash occurring within this State and that
13has resulted in bodily injury or death of any person or that
14damage to the property of any one person in excess of $1,500
15(or $500 if any of the vehicles involved in the crash is
16subject to Section 7-601 but is not covered by a liability

 

 

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1insurance policy in accordance with Section 7-601) was
2sustained, shall determine:
3        1. Whether Section 7-202 of this Code requires the
4    deposit of security by or on behalf of any person who was
5    the operator or owner of any motor vehicle in any manner
6    involved in the crash; and
7        2. What amount of security shall be sufficient to
8    satisfy any potential judgment or judgments for money
9    damages resulting from the crash as may be recovered
10    against the operator or owner, which amount shall in no
11    event be less than $1,500 (or $500 if any of the vehicles
12    involved in the crash is subject to Section 7-601 but is
13    not covered by a liability insurance policy in accordance
14    with Section 7-601).
15(Source: P.A. 102-982, eff. 7-1-23.)
 
16    (625 ILCS 5/7-201.1)  (from Ch. 95 1/2, par. 7-201.1)
17    Sec. 7-201.1. If the Administrator has not received a
18report required to be filed under Section Sections 11-406 and
1911-410, or if the information contained in a report is
20insufficient, the Administrator shall send to the person
21required to file the report a written request for the missing
22report or the missing information. The Administrator shall
23send such request no later than 45 days after the crash or 7
24days after receiving information that such crash has occurred,
25whichever is later.

 

 

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1    If the request is sent to a driver involved in a crash, the
2request or an attachment thereto shall contain in bold print a
3warning that failure to comply with the request within 15 days
4may result in the suspension of the driver's license.
5(Source: P.A. 102-982, eff. 7-1-23.)
 
6    (625 ILCS 5/11-407)  (from Ch. 95 1/2, par. 11-407)
7    Sec. 11-407. Immediate notice of crash.
8    (a) The driver of a vehicle which is in any manner involved
9in a crash within this State resulting in injury to or the
10death of any person, or in which damage to the property of any
11one person, including that of the driver, is sustained in
12excess of $1,500 (or $500 if any of the vehicles involved in
13the crash is subject to Section 7-601 but is not covered by a
14liability insurance policy in accordance with Section 7-601),
15or of a vehicle that is in any manner involved in a crash in
16this State that involves a school bus, caused by a collision, a
17sudden stop, or otherwise, resulting in any property damage,
18personal injury, or death, or that is involved in a crash that
19occurs within 50 feet of a school bus in this State and
20resulting in personal injury to or the death of any person
21while awaiting or preparing to board the bus or immediately
22after exiting the bus described in Section 11-406 of this
23Chapter shall, if no police officer is present, give notice of
24the crash by the fastest available means of communication to
25the local police department if such crash occurs within a

 

 

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1municipality or otherwise to the nearest office of the county
2sheriff or nearest headquarters of the Illinois State Police.
3    (b) Whenever the driver of a vehicle is physically
4incapable of giving immediate notice of a crash as required in
5subsection Subsection (a) and there was another occupant in
6the vehicle at the time of the crash capable of doing so, that
7occupant must give notice as required in subsection Subsection
8(a).
9    (c) The driver of any vehicle reporting a crash not
10meeting mandatory reporting requirements under subsection (a)
11may fulfill reporting requirements by using a reporting
12mechanism via electronic means, if the law enforcement agency
13has implemented an electronic reporting mechanism.
14(Source: P.A. 102-982, eff. 7-1-23.)
 
15    (625 ILCS 5/11-408)  (from Ch. 95 1/2, par. 11-408)
16    Sec. 11-408. Police to report motor vehicle crash
17investigations.
18    (a) Every law enforcement officer who investigates a motor
19vehicle crash, or employee of a law enforcement agency
20appointed with duties to complete the crash reporting form,
21for which a report is required by this Article or who prepares
22a written report as a result of an investigation either at the
23time and scene of such motor vehicle crash or thereafter by
24interviewing participants or witnesses shall forward a written
25report of such motor vehicle crash to the Administrator on

 

 

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1forms provided by the Administrator under Section 11-411
2within 10 days after investigation of the motor vehicle crash,
3or within such other time as is prescribed by the
4Administrator. Such written reports and the information
5contained in those reports required to be forwarded by law
6enforcement officers shall not be held confidential by the
7reporting law enforcement officer or agency. The Secretary of
8State may also disclose notations of crash involvement
9maintained on individual driving records. However, the
10Administrator or the Secretary of State may require a
11supplemental written report from the reporting law enforcement
12officer.
13    (b) The Department at its discretion may require a
14supplemental written report from the reporting law enforcement
15officer on a form supplied by the Department to be submitted
16directly to the Department. Such supplemental report may be
17used only for crash studies and statistical or analytical
18purposes under Section 11-412 or 11-414 of this Code.
19    (c) The Department at its discretion may provide for
20in-depth investigations of crashes involving Department
21employees or other motor vehicle crashes by individuals or
22special investigation groups, including but not limited to
23police officers, photographers, engineers, doctors, mechanics,
24and as a result of the investigation may require the
25submission of written reports, photographs, charts, sketches,
26graphs, or a combination of all. Such individual written

 

 

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1reports, photographs, charts, sketches, or graphs may be used
2only for crash studies and statistical or analytical purposes
3under Section 11-412 or 11-414 of this Code.
4    (d) On and after July 1, 1997, law enforcement officers
5who have reason to suspect that the motor vehicle crash was the
6result of a driver's loss of consciousness due to a medical
7condition, as defined by the Driver's License Medical Review
8Law of 1992, or the result of any medical condition that
9impaired the driver's ability to safely operate a motor
10vehicle shall notify the Secretary of this determination. The
11Secretary, in conjunction with the Driver's License Medical
12Advisory Board, shall determine by administrative rule the
13temporary conditions not required to be reported under the
14provisions of this Section. The Secretary shall, in
15conjunction with the Illinois State Police and representatives
16of local and county law enforcement agencies, promulgate any
17rules necessary and develop the procedures and documents that
18may be required to obtain written, electronic, or other agreed
19upon methods of notification to implement the provisions of
20this Section.
21    (e) Law enforcement officers reporting under the
22provisions of subsection (d) of this Section shall enjoy the
23same immunities granted members of the Driver's License
24Medical Advisory Board under Section 6-910 of this Code.
25    (f) All information furnished to the Secretary under
26subsection (d) of this Section shall be deemed confidential

 

 

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1and for the privileged use of the Secretary in accordance with
2the provisions of subsection (j) of Section 2-123 of this
3Code.
4(Source: P.A. 102-982, eff. 7-1-23.)
 
5    Section 99. Effective date. This Act takes effect July 1,
62024.".