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| Public Act 095-0757 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 11-412 as follows:
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(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
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Sec. 11-412. Motor vehicle accident reports confidential. | ||||
All required
written motor vehicle accident 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 accident
when | ||||
such identity is not otherwise known or when such person denies | ||||
his
presence at such motor vehicle accident and the Department | ||||
shall disclose
the identity of the insurance carrier, if any, | ||||
upon demand. The Secretary of
State may also disclose notations | ||||
of accident involvement maintained on
individual driving | ||||
records. The Department
may furnish copies of its written | ||||
accident reports to federal, and State, and local
agencies that | ||||
are engaged in highway safety research and studies. Reports
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furnished to any agency 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.
No such written report shall be | ||
used as evidence in any trial, civil
or criminal, arising out | ||
of a motor vehicle accident, except
that the Administrator | ||
shall furnish upon demand of any person who has,
or claims to | ||
have, made such a written report, or upon demand of any
court, | ||
a certificate showing that a specified written accident report
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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 report
be made to the Administrator.
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The Department of Transportation at its discretion may | ||
provide for
in-depth investigations of accidents involving | ||
Department employees. A
written report describing the | ||
preventability of such an accident may be
prepared to enhance | ||
the safety of Department employees. Such reports and
any | ||
opinions expressed in the review of the accident as to the
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preventability of the accident 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.
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(Source: P.A. 89-503, eff. 7-1-96.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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