Public Act 096-1147
 
HB5330 EnrolledLRB096 19926 AJT 35397 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-408 as follows:
 



    (625 ILCS 5/11-408)  (from Ch. 95 1/2, par. 11-408)



    Sec. 11-408. Police to report motor vehicle accident 
investigations. 

    (a) Every law enforcement officer who investigates a motor 
vehicle accident
for which a report is required by this Article 
or who prepares a written
report as a result of an 
investigation either at the time and scene of such
motor 
vehicle accident or thereafter by interviewing participants or

witnesses shall forward a written report of such motor vehicle 
accident
to the Administrator on forms provided by the 
Administrator under Section
11-411 within 10 days after 
investigation of the motor
vehicle accident, or within such 
other time as is prescribed by the
Administrator.
Such written 
reports required to be forwarded by law enforcement officers

and the information
contained therein are privileged as to the 
Secretary of State and the
Department
and, in the case of 
second division vehicles operated under certificate of

convenience and necessity issued by the Illinois Commerce 
Commission, to
the Commission,  but shall not be held 
confidential by the reporting law
enforcement officer or 
agency.  The Secretary of State may also disclose
notations of 
accident involvement maintained on individual driving records. 
However, the Administrator or the
Secretary of State may 
require a supplemental written report from the
reporting law 
enforcement officer and such supplemental report shall be
for 
the privileged use of the Secretary of State and the Department  
and
shall be held confidential. Upon request, the Department

shall furnish copies of its written accident reports to 
federal, State, and local
agencies that are engaged in highway 
safety research and studies. The reports shall be for the 
privileged use of the federal, State, and local
agencies 
receiving the reports and shall be held confidential.

    (b) The Department at its discretion may require a 
supplemental written
report from the reporting law enforcement 
officer on a form supplied by the
Department to be submitted 
directly to the Department.  Such supplemental
report may be 
used only for accident studies and statistical or analytical

purposes, and shall be for the privileged use of the Department 
and shall
be held confidential.

    (c) The Department at its discretion may also provide for 
in-depth
investigations of a motor vehicle accident by 
individuals or
special investigation groups, including but not 
limited to police officers,
photographers,
engineers, doctors, 
mechanics, and as a result of the investigation may
require the 
submission of written reports, photographs, charts, sketches,

graphs, or a combination of all.  Such individual written 
reports,
photographs, charts, sketches, or graphs may be used 
only for accident
studies and statistical or analytical 
purposes, shall be for the privileged
use of the Department and 
held confidential, and shall not be used in any
trial, civil or 
criminal.

    (d) On and after July 1, 1997, law enforcement officers who 
have reason to
suspect that the motor
vehicle accident was the 
result of a driver's loss of consciousness due to a
medical 
condition, as defined by the Driver's License Medical Review 
Law of
1992, or the result of any medical condition that 
impaired the
driver's ability to safely operate a motor vehicle 
shall notify the Secretary
of
this determination.  The 
Secretary, in conjunction with the Driver's License
Medical 
Advisory Board, shall determine by administrative rule the 
temporary
conditions not required to be reported under the 
provisions of this Section.
The
Secretary shall, in conjunction 
with the Illinois State Police and
representatives of local and 
county law enforcement agencies, promulgate any
rules 
necessary and develop the procedures and documents that may be 
required
to
obtain written, electronic, or other agreed upon 
methods of notification to
implement the provisions of this 
Section.

    (e) Law enforcement officers reporting under the 
provisions of subsection
(d) of this Section shall enjoy the 
same immunities granted members of the
Driver's License Medical 
Advisory Board under Section 6-910 of this Code.

    (f) All information furnished to the Secretary under 
subsection (d) of this
Section shall be deemed confidential and 
for the privileged use of the
Secretary in accordance with the 
provisions of subsection (j) of Section 2-123
of this Code.

(Source: P.A. 89-503, eff. 7-1-96; 89-584, eff. 7-31-96; 90-14, 
eff.
7-1-97.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.