HB5189ham002 103RD GENERAL ASSEMBLY

Rep. Christopher "C.D." Davidsmeyer

Filed: 4/1/2024

10300HB5189ham002 LRB103 38541 RTM 71243 a

AMENDMENT TO HOUSE BILL 5189

AMENDMENT NO. ______. Amend House Bill 5189 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by adding Section 18c-7402.2 as follows:

(625 ILCS 5/18c-7402.2 new)

Sec. 18c-7402.2. Reports involving railroad fatalities. All reports involving railroad fatalities and all communications between police officers and train crew members involved in those occurrences shall not be public reports and shall be maintained by the police departments and any persons in subsequent possession thereof listed below in a manner that ensures the confidentiality of the train crew's private information. Any reports made public shall have train crew members' private information redacted. However, upon written or electronic mail request, such reports shall be accessible at all reasonable times:

(1) to the host or employing railroad;

(2) by court order, and to others specifically authorized by court order to obtain the information if the access is necessary in the performance of their duties; and

(3) to law enforcement officers, State's Attorneys, Assistant State's Attorneys, and Illinois Commerce Commission staff if the access is necessary in the performance of their duties.".