Full Text of HB3100 103rd General Assembly
HB3100ham003 103RD GENERAL ASSEMBLY | Rep. Matt Hanson Filed: 4/16/2024 | | 10300HB3100ham003 | | LRB103 30065 RTM 71312 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3100
| 2 | | AMENDMENT NO. ______. Amend House Bill 3100, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Sections 7-201, 7-201.1, 11-407, and 11-408 as | 7 | | follows: | 8 | | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201) | 9 | | Sec. 7-201. Application of Article II. The Administrator | 10 | | as soon as practicable after the receipt of the report, | 11 | | required to be filed under Section Sections 11-406 and 11-410, | 12 | | of a motor vehicle crash occurring within this State and that | 13 | | has resulted in bodily injury or death of any person or that | 14 | | damage 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 | 16 | | subject to Section 7-601 but is not covered by a liability |
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| 1 | | insurance policy in accordance with Section 7-601) was | 2 | | sustained, 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 | 18 | | report required to be filed under Section Sections 11-406 and | 19 | | 11-410, or if the information contained in a report is | 20 | | insufficient, the Administrator shall send to the person | 21 | | required to file the report a written request for the missing | 22 | | report or the missing information. The Administrator shall | 23 | | send such request no later than 45 days after the crash or 7 | 24 | | days after receiving information that such crash has occurred, | 25 | | whichever is later. |
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| 1 | | If the request is sent to a driver involved in a crash, the | 2 | | request or an attachment thereto shall contain in bold print a | 3 | | warning that failure to comply with the request within 15 days | 4 | | may 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 | 9 | | in a crash within this State resulting in injury to or the | 10 | | death of any person, or in which damage to the property of any | 11 | | one person, including that of the driver, is sustained in | 12 | | excess of $1,500 (or $500 if any of the vehicles involved in | 13 | | the crash is subject to Section 7-601 but is not covered by a | 14 | | liability insurance policy in accordance with Section 7-601), | 15 | | or of a vehicle that is in any manner involved in a crash in | 16 | | this State that involves a school bus, caused by a collision, a | 17 | | sudden stop, or otherwise, resulting in any property damage, | 18 | | personal injury, or death, or that is involved in a crash that | 19 | | occurs within 50 feet of a school bus in this State and | 20 | | resulting in personal injury to or the death of any person | 21 | | while awaiting or preparing to board the bus or immediately | 22 | | after exiting the bus described in Section 11-406 of this | 23 | | Chapter shall, if no police officer is present, give notice of | 24 | | the crash by the fastest available means of communication to | 25 | | the local police department if such crash occurs within a |
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| 1 | | municipality or otherwise to the nearest office of the county | 2 | | sheriff or nearest headquarters of the Illinois State Police. | 3 | | (b) Whenever the driver of a vehicle is physically | 4 | | incapable of giving immediate notice of a crash as required in | 5 | | subsection Subsection (a) and there was another occupant in | 6 | | the vehicle at the time of the crash capable of doing so, that | 7 | | occupant must give notice as required in subsection Subsection | 8 | | (a). | 9 | | (c) The driver of any vehicle reporting a crash not | 10 | | meeting mandatory reporting requirements under subsection (a) | 11 | | may fulfill reporting requirements by using a reporting | 12 | | mechanism via electronic means, if the law enforcement agency | 13 | | has 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 | 17 | | investigations. | 18 | | (a) Every law enforcement officer who investigates a motor | 19 | | vehicle crash , or employee of a law enforcement agency | 20 | | appointed with duties to complete the crash reporting form, | 21 | | for which a report is required by this Article or who prepares | 22 | | a written report as a result of an investigation either at the | 23 | | time and scene of such motor vehicle crash or thereafter by | 24 | | interviewing participants or witnesses shall forward a written | 25 | | report of such motor vehicle crash to the Administrator on |
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| 1 | | forms provided by the Administrator under Section 11-411 | 2 | | within 10 days after investigation of the motor vehicle crash, | 3 | | or within such other time as is prescribed by the | 4 | | Administrator. Such written reports and the information | 5 | | contained in those reports required to be forwarded by law | 6 | | enforcement officers shall not be held confidential by the | 7 | | reporting law enforcement officer or agency. The Secretary of | 8 | | State may also disclose notations of crash involvement | 9 | | maintained on individual driving records. However, the | 10 | | Administrator or the Secretary of State may require a | 11 | | supplemental written report from the reporting law enforcement | 12 | | officer. | 13 | | (b) The Department at its discretion may require a | 14 | | supplemental written report from the reporting law enforcement | 15 | | officer on a form supplied by the Department to be submitted | 16 | | directly to the Department. Such supplemental report may be | 17 | | used only for crash studies and statistical or analytical | 18 | | purposes under Section 11-412 or 11-414 of this Code. | 19 | | (c) The Department at its discretion may provide for | 20 | | in-depth investigations of crashes involving Department | 21 | | employees or other motor vehicle crashes by individuals or | 22 | | special investigation groups, including but not limited to | 23 | | police officers, photographers, engineers, doctors, mechanics, | 24 | | and as a result of the investigation may require the | 25 | | submission of written reports, photographs, charts, sketches, | 26 | | graphs, or a combination of all. Such individual written |
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| 1 | | reports, photographs, charts, sketches, or graphs may be used | 2 | | only for crash studies and statistical or analytical purposes | 3 | | under Section 11-412 or 11-414 of this Code. | 4 | | (d) On and after July 1, 1997, law enforcement officers | 5 | | who have reason to suspect that the motor vehicle crash was the | 6 | | result of a driver's loss of consciousness due to a medical | 7 | | condition, as defined by the Driver's License Medical Review | 8 | | Law of 1992, or the result of any medical condition that | 9 | | impaired the driver's ability to safely operate a motor | 10 | | vehicle shall notify the Secretary of this determination. The | 11 | | Secretary, in conjunction with the Driver's License Medical | 12 | | Advisory Board, shall determine by administrative rule the | 13 | | temporary conditions not required to be reported under the | 14 | | provisions of this Section. The Secretary shall, in | 15 | | conjunction with the Illinois State Police and representatives | 16 | | of local and county law enforcement agencies, promulgate any | 17 | | rules necessary and develop the procedures and documents that | 18 | | may be required to obtain written, electronic, or other agreed | 19 | | upon methods of notification to implement the provisions of | 20 | | this Section. | 21 | | (e) Law enforcement officers reporting under the | 22 | | provisions of subsection (d) of this Section shall enjoy the | 23 | | same immunities granted members of the Driver's License | 24 | | Medical Advisory Board under Section 6-910 of this Code. | 25 | | (f) All information furnished to the Secretary under | 26 | | subsection (d) of this Section shall be deemed confidential |
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| 1 | | and for the privileged use of the Secretary in accordance with | 2 | | the provisions of subsection (j) of Section 2-123 of this | 3 | | Code. | 4 | | (Source: P.A. 102-982, eff. 7-1-23 .) | 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2024.". |
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