093_HB3206ham001 LRB093 04019 DRH 12916 a 1 AMENDMENT TO HOUSE BILL 3206 2 AMENDMENT NO. . Amend House Bill 3206 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Vehicle Code is amended by 5 changing Section 11-412 as follows: 6 (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412) 7 Sec. 11-412. Motor vehicle accident reports 8 confidential. 9 (a) All required written motor vehicle accident reports 10 and supplemental reports shall be without prejudice to the 11 individual so reporting and shall be for the confidential use 12 of the Department and the Secretary of State and, in the case 13 of second division vehicles operated under certificate of 14 convenience and necessity issued by the Illinois Commerce 15 Commission, of the Commission, except that the Administrator 16 or the Secretary of State or the Commission may disclose the 17 identity of a person involved in a motor vehicle accident 18 when such identity is not otherwise known or when such person 19 denies his presence at such motor vehicle accident and the 20 Department shall disclose the identity of the insurance 21 carrier, if any, upon demand. The Secretary of State may also 22 disclose notations of accident involvement maintained on -2- LRB093 04019 DRH 12916 a 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) Notwithstanding any other provision of this Code, 18 the Department may furnish copies of accident records to any 19 person or entity in bulk electronic form after the name, 20 address, telephone number, and social security number is 21 removed and only for the purpose of preparing vehicle history 22 reports on specific vehicles. The person or entity must pay 23 all reasonable costs associated with producing the accident 24 records in bulk electronic form. The Department may set a 25 bulk rate for access to the records in bulk electronic form. 26 (c) The Department must require any person or entity who 27 requests access to accident records in bulk electronic form 28 to stipulate, through a written agreement with the 29 Department, the following: 30 (1) that the person or entity may use the accident 31 records only for the purpose of identifying vehicles that 32 have been involved in accidents or damaged and not for 33 the purpose of identifying individuals; 34 (2) that the person or entity assumes all -3- LRB093 04019 DRH 12916 a 1 responsibilities for the accurate use and portrayal of 2 the accident record; 3 (3) that the person or entity may not use the 4 accident records in a manner in which the integrity of 5 the information in the accident records is compromised; 6 (4) that the person or entity is responsible for 7 omissions or errors in the accident records committed by 8 or on behalf of the person or entity; 9 (5) that the person or entity must remove or 10 correct an accident record upon notification to the 11 person or entity that the accident record was created in 12 error or that certain data elements on the accident 13 record were entered in error; 14 (6) that the person or entity indemnifies any third 15 party requestor of the accident record, in the case of an 16 accident record provided by the Department to the person 17 or entity that becomes available after the third party 18 requestor's request, against losses sustained from the 19 sale of a motor vehicle; and 20 (7) that the person or entity intends to use the 21 accident records only to the extent permitted under the 22 Driver's Privacy Protection Section of the Violent Crime 23 Control and Law Enforcement Act of 1994 and subsequent 24 amendments. 25 (d) The Department may cease providing the accident 26 records to the person or entity if the Department concludes 27 that the person or entity has failed to use the accident 28 records in the manner prescribed by this Section. The 29 Department shall resume providing the records to the person 30 or entity if the person or entity cures the failure within 90 31 days after receiving notice that the records no longer would 32 be provided. 33 (e) The Department of Transportation at its discretion 34 may provide for in-depth investigations of accidents -4- LRB093 04019 DRH 12916 a 1 involving Department employees. A written report describing 2 the preventability of such an accident may be prepared to 3 enhance the safety of Department employees. Such reports and 4 any opinions expressed in the review of the accident as to 5 the preventability of the accident shall be for the 6 privileged use of the Department and held confidential and 7 shall not be obtainable or used in any civil or criminal 8 proceeding. 9 (Source: P.A. 89-503, eff. 7-1-96.)".