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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 11-408 as follows:
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| 6 | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
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| 7 | Sec. 11-408. Police to report motor vehicle accident | ||||||
| 8 | investigations.
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| 9 | (a) Every law enforcement officer who investigates a motor | ||||||
| 10 | vehicle accident
for which a report is required by this Article | ||||||
| 11 | 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 or
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| 14 | witnesses shall forward a written report of such motor vehicle | ||||||
| 15 | accident
to the Administrator on forms provided by the | ||||||
| 16 | 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 written | ||||||
| 19 | reports required to be forwarded by law enforcement officers
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| 20 | and the information
contained therein are privileged as to the | ||||||
| 21 | Secretary of State and the
Department
and, in the case of | ||||||
| 22 | second division vehicles operated under certificate of
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| 23 | convenience and necessity issued by the Illinois Commerce | ||||||
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| 1 | Commission, to
the Commission, but shall not be held | ||||||
| 2 | confidential by the reporting law
enforcement officer or | ||||||
| 3 | agency. The Secretary of State may also disclose
notations of | ||||||
| 4 | accident involvement maintained on individual driving records. | ||||||
| 5 | However, the Administrator or the
Secretary of State may | ||||||
| 6 | require a supplemental written report from the
reporting law | ||||||
| 7 | enforcement officer and such supplemental report shall be
for | ||||||
| 8 | the privileged use of the Secretary of State and the Department | ||||||
| 9 | and
shall be held confidential. Upon request, the Department
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| 10 | shall furnish copies of its written accident reports to | ||||||
| 11 | federal, State, and local
agencies that are engaged in highway | ||||||
| 12 | safety research and studies. The reports shall be for the | ||||||
| 13 | privileged use of the federal, State, and local
agencies | ||||||
| 14 | receiving the reports and shall be held confidential.
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| 15 | (b) The Department at its discretion may require a | ||||||
| 16 | supplemental written
report from the reporting law enforcement | ||||||
| 17 | officer on a form supplied by the
Department to be submitted | ||||||
| 18 | directly to the Department. Such supplemental
report may be | ||||||
| 19 | used only for accident studies and statistical or analytical
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| 20 | purposes, and shall be for the privileged use of the Department | ||||||
| 21 | and shall
be held confidential.
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| 22 | (c) The Department at its discretion may also provide for | ||||||
| 23 | in-depth
investigations of a motor vehicle accident by | ||||||
| 24 | individuals or
special investigation groups, including but not | ||||||
| 25 | limited to police officers,
photographers,
engineers, doctors, | ||||||
| 26 | mechanics, and as a result of the investigation may
require the | ||||||
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| 1 | submission of written reports, photographs, charts, sketches,
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| 2 | graphs, or a combination of all. Such individual written | ||||||
| 3 | reports,
photographs, charts, sketches, or graphs may be used | ||||||
| 4 | only for accident
studies and statistical or analytical | ||||||
| 5 | purposes, shall be for the privileged
use of the Department and | ||||||
| 6 | held confidential, and shall not be used in any
trial, civil or | ||||||
| 7 | criminal.
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| 8 | (d) On and after July 1, 1997, law enforcement officers who | ||||||
| 9 | have reason to
suspect that the motor
vehicle accident was the | ||||||
| 10 | result of a driver's loss of consciousness due to a
medical | ||||||
| 11 | condition, as defined by the Driver's License Medical Review | ||||||
| 12 | Law of
1992, or the result of any medical condition that | ||||||
| 13 | impaired the
driver's ability to safely operate a motor vehicle | ||||||
| 14 | shall notify the Secretary
of
this determination. The | ||||||
| 15 | Secretary, in conjunction with the Driver's License
Medical | ||||||
| 16 | Advisory Board, shall determine by administrative rule the | ||||||
| 17 | temporary
conditions not required to be reported under the | ||||||
| 18 | provisions of this Section.
The
Secretary shall, in conjunction | ||||||
| 19 | with the Illinois State Police and
representatives of local and | ||||||
| 20 | county law enforcement agencies, promulgate any
rules | ||||||
| 21 | necessary and develop the procedures and documents that may be | ||||||
| 22 | required
to
obtain written, electronic, or other agreed upon | ||||||
| 23 | methods of notification to
implement the provisions of this | ||||||
| 24 | Section.
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| 25 | (e) Law enforcement officers reporting under the | ||||||
| 26 | provisions of subsection
(d) of this Section shall enjoy the | ||||||
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| 1 | same immunities granted members of the
Driver's License Medical | ||||||
| 2 | Advisory Board under Section 6-910 of this Code.
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| 3 | (f) All information furnished to the Secretary under | ||||||
| 4 | subsection (d) of this
Section shall be deemed confidential and | ||||||
| 5 | for the privileged use of the
Secretary in accordance with the | ||||||
| 6 | provisions of subsection (j) of Section 2-123
of this Code.
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| 7 | (Source: P.A. 89-503, eff. 7-1-96; 89-584, eff. 7-31-96; 90-14, | ||||||
| 8 | eff.
7-1-97.)
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.
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