HB3206 93rd General Assembly


                                     LRB093 04019 DRH 04058 b

 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 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. All required  written  motor  vehicle  accident
 9    reports  and  supplemental reports shall be without prejudice
10    to  the  individual  so  reporting  and  shall  be  for   the
11    confidential use of the Department and the Secretary of State
12    and,  in  the case of second division vehicles operated under
13    certificate of  convenience  and  necessity   issued  by  the
14    Illinois  Commerce Commission, of the Commission, except that
15    the Administrator or the Secretary of State or the Commission
16    may disclose the identity of a person  involved  in  a  motor
17    vehicle accident when such identity is not otherwise known or
18    when  such  person  denies his presence at such motor vehicle
19    accident and the Department shall disclose  the  identity  of
20    the  insurance carrier, if any, upon demand. The Secretary of
21    State may also disclose  notations  of  accident  involvement
22    maintained on individual driving records.  The Department may
23    furnish copies of its written accident reports to federal and
24    State  agencies  that  are engaged in highway safety research
25    and studies.  Reports furnished to any agency other than  the
26    Secretary of State or the Illinois Commerce Commission may be
27    used only for statistical or analytical purposes and shall be
28    held  confidential  by  that  agency.  No such written report
29    shall be used as evidence in any trial,  civil  or  criminal,
30    arising  out  of  a  motor  vehicle accident, except that the
31    Administrator shall furnish upon demand  of  any  person  who
                            -2-      LRB093 04019 DRH 04058 b
 1    has,  or  claims to have, made such a written report, or upon
 2    demand of any court, a certificate showing that  a  specified
 3    written  accident  report  has  or  has  not been made to the
 4    Administrator solely to prove a compliance or  a  failure  to
 5    comply  with  the  requirement  that such a written report be
 6    made to the Administrator.
 7        Notwithstanding any other provision  of  this  Code,  the
 8    Department may also furnish copies of accident records to any
 9    person  or  entity  in  bulk  electronic  form,  if any name,
10    address, telephone  number,  or  social  security  number  is
11    removed  and  if  the  person or entity has stated in writing
12    that the records  will  be  used  only  for  the  purpose  of
13    identifying  vehicles that have been involved in accidents or
14    damaged and not for the purpose of identifying individuals.
15        The Department of Transportation at  its  discretion  may
16    provide  for  in-depth  investigations of accidents involving
17    Department  employees.   A  written  report  describing   the
18    preventability of such an accident may be prepared to enhance
19    the  safety  of  Department  employees.  Such reports and any
20    opinions expressed in the review of the accident  as  to  the
21    preventability  of  the  accident shall be for the privileged
22    use of the Department and held confidential and shall not  be
23    obtainable or used in any civil or criminal proceeding.
24    (Source: P.A. 89-503, eff. 7-1-96.)