98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1628

 

Introduced 2/13/2013, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-408  from Ch. 95 1/2, par. 11-408

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning law enforcement's duty to report motor vehicle accident investigations.


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A BILL FOR

 

SB1628LRB098 08642 MLW 38762 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
5Section 11-408 as follows:
 
6    (625 ILCS 5/11-408)  (from Ch. 95 1/2, par. 11-408)
7    Sec. 11-408. Police to to report motor vehicle accident
8investigations.
9    (a) Every law enforcement officer who investigates a motor
10vehicle accident for which a report is required by this Article
11or who prepares a written report as a result of an
12investigation either at the time and scene of such motor
13vehicle accident or thereafter by interviewing participants or
14witnesses shall forward a written report of such motor vehicle
15accident to the Administrator on forms provided by the
16Administrator under Section 11-411 within 10 days after
17investigation of the motor vehicle accident, or within such
18other time as is prescribed by the Administrator. Such written
19reports required to be forwarded by law enforcement officers
20and the information contained therein are privileged as to the
21Secretary of State and the Department and, in the case of
22second division vehicles operated under certificate of
23convenience and necessity issued by the Illinois Commerce

 

 

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1Commission, to the Commission, but shall not be held
2confidential by the reporting law enforcement officer or
3agency. The Secretary of State may also disclose notations of
4accident involvement maintained on individual driving records.
5However, the Administrator or the Secretary of State may
6require a supplemental written report from the reporting law
7enforcement officer and such supplemental report shall be for
8the privileged use of the Secretary of State and the Department
9and shall be held confidential. Upon request, the Department
10shall furnish copies of its written accident reports to
11federal, State, and local agencies that are engaged in highway
12safety research and studies. The reports shall be for the
13privileged use of the federal, State, and local agencies
14receiving the reports and shall be held confidential.
15    (b) The Department at its discretion may require a
16supplemental written report from the reporting law enforcement
17officer on a form supplied by the Department to be submitted
18directly to the Department. Such supplemental report may be
19used only for accident studies and statistical or analytical
20purposes, and shall be for the privileged use of the Department
21and shall be held confidential.
22    (c) The Department at its discretion may also provide for
23in-depth investigations of a motor vehicle accident by
24individuals or special investigation groups, including but not
25limited to police officers, photographers, engineers, doctors,
26mechanics, and as a result of the investigation may require the

 

 

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

 

 

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1same immunities granted members of the Driver's License Medical
2Advisory Board under Section 6-910 of this Code.
3    (f) All information furnished to the Secretary under
4subsection (d) of this Section shall be deemed confidential and
5for the privileged use of the Secretary in accordance with the
6provisions of subsection (j) of Section 2-123 of this Code.
7(Source: P.A. 96-1147, eff. 7-21-10.)