(625 ILCS 5/11-412)
(from Ch. 95 1/2, par. 11-412)
Motor vehicle crash reports confidential.
(a) All required
written motor vehicle crash reports and supplemental reports shall
be without prejudice to the individual so reporting and shall be for the
confidential use of the Department and the Secretary of State and, in the
case of second division vehicles operated under certificate of convenience
and necessity issued by the Illinois Commerce Commission, of the Commission,
except that the Administrator or the Secretary of State or the Commission may
disclose the identity of a person involved in a motor vehicle crash
when such identity is not otherwise known or when such person denies his presence at such motor vehicle crash and the Department shall disclose
the identity of the insurance carrier, if any, upon demand. The Secretary of
State may also disclose notations of crash involvement maintained on
individual driving records.
(b) Upon written request, the Department shall
furnish copies of its written crash reports or any supplemental reports to federal, State, and local
agencies that are engaged in highway safety research and studies and to any person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Reports
furnished to any agency, person, or entity other than the Secretary of State or the Illinois
Commerce Commission may be used only for statistical or analytical purposes
and shall be held confidential by that agency, person, or entity.
These reports shall be exempt from inspection and copying under the Freedom of Information Act and shall not be used as evidence in any trial, civil
or criminal, arising out of a motor vehicle crash, except
that the Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written or supplemental report, or upon demand of any
court, a certificate showing that a specified written crash report or supplemental report
has or has not been made to the Administrator solely to prove a compliance
or a failure to comply with the requirement that such a written or supplemental report
be made to the Administrator.
(c) Upon written request, the Department shall furnish motor vehicle crash data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity under Section 11-417 of this Code.
(d) The Department at its discretion may provide for
in-depth investigations of crashes involving Department employees or other motor vehicle crashes. A
written report describing the preventability of such a crash may be
prepared to enhance the safety of Department employees or the traveling public. Such reports and the information contained in those reports and
any opinions expressed in the review of the crash as to the
preventability of the crash shall be for the privileged use of the
Department and held confidential and shall not be obtainable or used in any
civil or criminal proceeding.
(Source: P.A. 102-982, eff. 7-1-23