State of Illinois
92nd General Assembly

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 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Sections 11-408 and 11-412 as follows:

 6        (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
 7        Sec. 11-408.  Police to  report  motor  vehicle  accident
 8    investigations.
 9        (a)  Every  law  enforcement  officer  who investigates a
10    motor vehicle accident for which a report is required by this
11    Article or who prepares a written report as a  result  of  an
12    investigation  either  at  the  time  and scene of such motor
13    vehicle accident or thereafter by  interviewing  participants
14    or  witnesses  shall  forward  a written report of such motor
15    vehicle accident to the Administrator on  forms  provided  by
16    the  Administrator  under Section 11-411 within 10 days after
17    investigation of the motor vehicle accident, or  within  such
18    other  time  as  is  prescribed  by  the Administrator.  Such
19    written reports required to be forwarded by  law  enforcement
20    officers and the information contained therein are privileged
21    as  to  the Secretary of State and the Department and, in the
22    case of second division vehicles operated  under  certificate
23    of  convenience and necessity issued by the Illinois Commerce
24    Commission, to the Commission, and  but  shall  not  be  held
25    confidential  by  the  reporting  law  enforcement officer or
26    agency for a period of 60 days after the date the  report  is
27    filed,  as  provided  in  Section  11-412  of this Code.  The
28    Secretary of State may also disclose  notations  of  accident
29    involvement   maintained   on   individual  driving  records.
30    However, the Administrator or  the  Secretary  of  State  may
31    require  a supplemental written report from the reporting law
                            -2-                LRB9211608DHgc
 1    enforcement officer and such supplemental report shall be for
 2    the  privileged  use  of  the  Secretary  of  State  and  the
 3    Department  and shall be held confidential.
 4        (b)  The Department  at  its  discretion  may  require  a
 5    supplemental   written   report   from   the   reporting  law
 6    enforcement officer on a form supplied by the  Department  to
 7    be  submitted  directly to the Department.  Such supplemental
 8    report may be used only for accident studies and  statistical
 9    or  analytical  purposes, and shall be for the privileged use
10    of the Department and shall be held confidential.
11        (c)  The Department at its discretion  may  also  provide
12    for  in-depth  investigations  of a motor vehicle accident by
13    individuals or special investigation  groups,  including  but
14    not  limited  to  police  officers, photographers, engineers,
15    doctors, mechanics, and as a result of the investigation  may
16    require  the  submission  of  written  reports,  photographs,
17    charts,  sketches,  graphs,  or  a  combination of all.  Such
18    individual written reports, photographs, charts, sketches, or
19    graphs may be used only for accident studies and  statistical
20    or  analytical  purposes,  shall be for the privileged use of
21    the Department and held confidential, and shall not  be  used
22    in any trial, civil or criminal.
23        (d)  On  and after July 1, 1997, law enforcement officers
24    who have reason to suspect that the  motor  vehicle  accident
25    was  the  result of a driver's loss of consciousness due to a
26    medical condition, as defined by the Driver's License Medical
27    Review Law of 1992, or the result of  any  medical  condition
28    that  impaired the driver's ability to safely operate a motor
29    vehicle shall notify the  Secretary  of  this  determination.
30    The  Secretary,  in  conjunction  with  the  Driver's License
31    Medical Advisory Board,  shall  determine  by  administrative
32    rule  the  temporary  conditions  not required to be reported
33    under the provisions of this Section.  The  Secretary  shall,
34    in   conjunction   with   the   Illinois   State  Police  and
                            -3-                LRB9211608DHgc
 1    representatives of local and county law enforcement agencies,
 2    promulgate any rules necessary and develop the procedures and
 3    documents that may be required to obtain written, electronic,
 4    or other agreed upon methods of notification to implement the
 5    provisions of this Section.
 6        (e)  Law  enforcement  officers   reporting   under   the
 7    provisions  of subsection (d) of this Section shall enjoy the
 8    same immunities  granted  members  of  the  Driver's  License
 9    Medical Advisory Board under Section 6-910 of this Code.
10        (f)  All  information  furnished  to  the Secretary under
11    subsection (d) of this Section shall be  deemed  confidential
12    and  for  the  privileged  use of the Secretary in accordance
13    with the provisions of subsection (j)  of  Section  2-123  of
14    this Code.
15    (Source:  P.A.  89-503,  eff.  7-1-96;  89-584, eff. 7-31-96;
16    90-14, eff. 7-1-97.)

17        (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
18        Sec.   11-412.    Motor    vehicle    accident    reports
19    confidential.
20        (a)  All  required written motor vehicle accident reports
21    and supplemental reports shall be without  prejudice  to  the
22    individual so reporting and shall be for the confidential use
23    of the Department and the Secretary of State and, in the case
24    of  second  division  vehicles  operated under certificate of
25    convenience and necessity  issued by  the  Illinois  Commerce
26    Commission,  of the Commission, except that the Administrator
27    or the Secretary of State or the Commission may disclose  the
28    identity  of  a  person  involved in a motor vehicle accident
29    when such identity is not otherwise known or when such person
30    denies his presence at such motor vehicle  accident  and  the
31    Department  shall  disclose  the  identity  of  the insurance
32    carrier, if any, upon demand. The Secretary of State may also
33    disclose notations  of  accident  involvement  maintained  on
                            -4-                LRB9211608DHgc
 1    individual  driving  records.   The  Department  may  furnish
 2    copies  of  its written accident reports to federal and State
 3    agencies that are engaged  in  highway  safety  research  and
 4    studies.   Reports  furnished  to  any  agency other than the
 5    Secretary of State or the Illinois Commerce Commission may be
 6    used only for statistical or analytical purposes and shall be
 7    held confidential by that  agency.  No  such  written  report
 8    shall  be  used  as evidence in any trial, civil or criminal,
 9    arising out of a motor  vehicle  accident,  except  that  the
10    Administrator  shall  furnish  upon  demand of any person who
11    has, or claims to have, made such a written report,  or  upon
12    demand  of  any court, a certificate showing that a specified
13    written accident report has or  has  not  been  made  to  the
14    Administrator  solely  to  prove a compliance or a failure to
15    comply with the requirement that such  a  written  report  be
16    made to the Administrator.
17        (b)  The  Department  of Transportation at its discretion
18    may  provide  for  in-depth   investigations   of   accidents
19    involving  Department employees.  A written report describing
20    the preventability of such an accident  may  be  prepared  to
21    enhance the safety of Department employees.  Such reports and
22    any  opinions  expressed  in the review of the accident as to
23    the  preventability  of  the  accident  shall  be   for   the
24    privileged  use  of  the Department and held confidential and
25    shall not be obtainable or used  in  any  civil  or  criminal
26    proceeding.
27        (c)  Accident  reports  required  by  this  Article which
28    reveal the identity, home or employment telephone number,  or
29    home  or employment address of, or other personal information
30    concerning, the parties involved in the  accident  and  which
31    are  received  or  prepared  by  any  agency  that  regularly
32    receives  or  prepares  information  from  or  concerning the
33    parties to motor vehicle accidents  are  confidential  for  a
34    period  of  60 days after the date the report is filed. These
                            -5-                LRB9211608DHgc
 1    reports, however, may be made immediately  available  to  the
 2    parties    involved    in    the    accident,   their   legal
 3    representatives,  their  licensed  insurance  agents,   their
 4    insurers or insurers to which they have applied for coverage,
 5    persons  under contract with those insurers to provide claims
 6    or underwriting information, prosecutorial authorities, radio
 7    and   television   stations   licensed   by    the    Federal
 8    Communications Commission, newspapers as defined in Section 1
 9    of  the  Newspaper  Legal  Notice Act, and free newspapers of
10    general circulation, published once a  week  or  more  often,
11    available  and  of  interest  to the public generally for the
12    dissemination of news. For the purposes of this Section,  the
13    following  products  or  publications  are  not newspapers as
14    referred to in this Section:  those  intended  primarily  for
15    members  of  a  particular  profession or occupational group;
16    those with the primary purpose of  distributing  advertising;
17    and  those  with  the primary purpose of publishing names and
18    other personally identifying information  concerning  parties
19    to  motor vehicle accidents. Any State or federal agency that
20    is authorized to have access to accident reports by  any  law
21    shall  be  granted  that  access  in  the  furtherance of the
22    agency's statutory duties.  Any  person  attempting  to  gain
23    access  to  an  accident report within 60 days after the date
24    the report is filed must present  legitimate  credentials  or
25    identification  that demonstrates his or her qualification to
26    gain access to that information.
27        (d) Any employee of a State or local agency in possession
28    of  information  made  confidential  by  this   Section   who
29    knowingly discloses that confidential information to a person
30    not entitled to that information under this Section is guilty
31    of a Class 3 felony.
32        (e) Any person, knowing that he or she is not entitled to
33    obtain  information  made  confidential  by this Section, who
34    obtains or attempts to obtain that information is guilty of a
                            -6-                LRB9211608DHgc
 1    Class 3 felony.
 2    (Source: P.A. 89-503, eff. 7-1-96.)

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