Full Text of HB3854 097th General Assembly
HB3854 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3854 Introduced 10/24/2011, by Rep. Rich Brauer SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-408 | from Ch. 95 1/2, par. 11-408 |
|
Amends the Illinois Vehicle Code. Provides that in the case of a fatal motor vehicle accident involving 2 or more vehicles, a traffic crash reconstruction report must be completed within 30 days of the accident.
|
| |
| | A BILL FOR |
|
| | | HB3854 | | LRB097 13572 HEP 58099 b |
|
| 1 | | AN ACT concerning transportation.
| 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 changing | 5 | | Section 11-408 as follows:
| 6 | | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
| 7 | | Sec. 11-408. Police to report motor vehicle accident | 8 | | investigations.
| 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
| 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.
In the case | 19 | | of a fatal motor vehicle accident involving 2 or more vehicles, | 20 | | a traffic crash reconstruction report must be completed within | 21 | | 30 days of the accident. Such written reports required to be | 22 | | forwarded by law enforcement officers
and the information
| 23 | | contained therein are privileged as to the Secretary of State |
| | | HB3854 | - 2 - | LRB097 13572 HEP 58099 b |
|
| 1 | | and the
Department
and, in the case of second division vehicles | 2 | | operated under certificate of
convenience and necessity issued | 3 | | by the Illinois Commerce Commission, to
the Commission, but | 4 | | shall not be held confidential by the reporting law
enforcement | 5 | | officer or agency. The Secretary of State may also disclose
| 6 | | notations of accident involvement maintained on individual | 7 | | driving records. However, the Administrator or the
Secretary of | 8 | | State may require a supplemental written report from the
| 9 | | reporting law enforcement officer and such supplemental report | 10 | | shall be
for the privileged use of the Secretary of State and | 11 | | the Department and
shall be held confidential. Upon request, | 12 | | the Department
shall furnish copies of its written accident | 13 | | reports to federal, State, and local
agencies that are engaged | 14 | | in highway safety research and studies. The reports shall be | 15 | | for the privileged use of the federal, State, and local
| 16 | | agencies receiving the reports and shall be held confidential.
| 17 | | (b) The Department at its discretion may require a | 18 | | supplemental written
report from the reporting law enforcement | 19 | | officer on a form supplied by the
Department to be submitted | 20 | | directly to the Department. Such supplemental
report may be | 21 | | used only for accident studies and statistical or analytical
| 22 | | purposes, and shall be for the privileged use of the Department | 23 | | and shall
be held confidential.
| 24 | | (c) The Department at its discretion may also provide for | 25 | | in-depth
investigations of a motor vehicle accident by | 26 | | individuals or
special investigation groups, including but not |
| | | HB3854 | - 3 - | LRB097 13572 HEP 58099 b |
|
| 1 | | limited to police officers,
photographers,
engineers, doctors, | 2 | | mechanics, and as a result of the investigation may
require the | 3 | | submission of written reports, photographs, charts, sketches,
| 4 | | graphs, or a combination of all. Such individual written | 5 | | reports,
photographs, charts, sketches, or graphs may be used | 6 | | only for accident
studies and statistical or analytical | 7 | | purposes, shall be for the privileged
use of the Department and | 8 | | held confidential, and shall not be used in any
trial, civil or | 9 | | criminal.
| 10 | | (d) On and after July 1, 1997, law enforcement officers who | 11 | | have reason to
suspect that the motor
vehicle accident was the | 12 | | result of a driver's loss of consciousness due to a
medical | 13 | | condition, as defined by the Driver's License Medical Review | 14 | | Law of
1992, or the result of any medical condition that | 15 | | impaired the
driver's ability to safely operate a motor vehicle | 16 | | shall notify the Secretary
of
this determination. The | 17 | | Secretary, in conjunction with the Driver's License
Medical | 18 | | Advisory Board, shall determine by administrative rule the | 19 | | temporary
conditions not required to be reported under the | 20 | | provisions of this Section.
The
Secretary shall, in conjunction | 21 | | with the Illinois State Police and
representatives of local and | 22 | | county law enforcement agencies, promulgate any
rules | 23 | | necessary and develop the procedures and documents that may be | 24 | | required
to
obtain written, electronic, or other agreed upon | 25 | | methods of notification to
implement the provisions of this | 26 | | Section.
|
| | | HB3854 | - 4 - | LRB097 13572 HEP 58099 b |
|
| 1 | | (e) Law enforcement officers reporting under the | 2 | | provisions of subsection
(d) of this Section shall enjoy the | 3 | | same immunities granted members of the
Driver's License Medical | 4 | | Advisory Board under Section 6-910 of this Code.
| 5 | | (f) All information furnished to the Secretary under | 6 | | subsection (d) of this
Section shall be deemed confidential and | 7 | | for the privileged use of the
Secretary in accordance with the | 8 | | provisions of subsection (j) of Section 2-123
of this Code.
| 9 | | (Source: P.A. 96-1147, eff. 7-21-10.)
|
|