Full Text of HB4964 101st General Assembly
HB4964 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4964 Introduced 2/18/2020, by Rep. John C. D'Amico SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-404 | from Ch. 95 1/2, par. 11-404 | 625 ILCS 5/11-408 | from Ch. 95 1/2, par. 11-408 | 625 ILCS 5/11-409 | from Ch. 95 1/2, par. 11-409 | 625 ILCS 5/11-411 | from Ch. 95 1/2, par. 11-411 | 625 ILCS 5/11-412 | from Ch. 95 1/2, par. 11-412 | 625 ILCS 5/11-414 | from Ch. 95 1/2, par. 11-414 | 625 ILCS 5/11-415 | from Ch. 95 1/2, par. 11-415 | 625 ILCS 5/11-416 | from Ch. 95 1/2, par. 11-416 | 625 ILCS 5/11-417 | |
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Amends the Illinois Vehicle Code. Requires motor vehicle accident reports and requests for motor vehicle accident reports to be electronic rather than written. Makes corresponding changes. Effective January 1, 2022.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 | | Sections 11-404, 11-408, 11-409, 11-411, 11-412, 11-414, | 6 | | 11-415, 11-416, and 11-417 as follows:
| 7 | | (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
| 8 | | Sec. 11-404. Duty upon damaging unattended vehicle or other | 9 | | property. | 10 | | (a) The driver of any vehicle which collides with or is | 11 | | involved in a motor
vehicle accident with any vehicle which is | 12 | | unattended, or other property,
resulting in any damage to such | 13 | | other vehicle or property shall
immediately stop and shall then | 14 | | and there either locate and notify the
operator or owner of | 15 | | such vehicle or other
property of the driver's name, address, | 16 | | registration
number and owner of the vehicle the driver was | 17 | | operating or shall
attach securely in a conspicuous place on or | 18 | | in the vehicle
or other property struck a written notice giving | 19 | | the driver's
name, address, registration number and owner of | 20 | | the
vehicle the driver was driving and shall without | 21 | | unnecessary
delay notify the nearest office of a duly | 22 | | authorized police authority and
shall make a written report of | 23 | | such accident when and as required in
Section 11-406. Every |
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| 1 | | such stop shall be made without
obstructing traffic more than | 2 | | is necessary. If a damaged vehicle is obstructing traffic | 3 | | lanes, the driver of the vehicle must make every reasonable | 4 | | effort to move the vehicle or have it moved so as not to block | 5 | | the traffic lanes.
| 6 | | (b) Any person failing to comply with this Section shall be | 7 | | guilty of a Class
A misdemeanor. | 8 | | (c) If any peace officer or highway authority official | 9 | | finds (i) a vehicle standing upon a highway or toll highway in | 10 | | violation of a prohibition, limitation, or restriction on | 11 | | stopping, standing, or parking imposed under this Code or (ii) | 12 | | a disabled vehicle that obstructs the roadway of a highway or | 13 | | toll highway, the peace officer or highway authority official | 14 | | is authorized to move the vehicle or to require the operator of | 15 | | the vehicle to move the vehicle to the shoulder of the road, to | 16 | | a position where parking is permitted, or to public parking or | 17 | | storage premises. The removal may be performed by, or under the | 18 | | direction of, the peace officer or highway authority official | 19 | | or may be contracted for by local authorities. After the | 20 | | vehicle has been removed, the peace officer or highway | 21 | | authority official shall follow appropriate procedures, as | 22 | | provided in Section 4-203 of this Code.
| 23 | | (d) A towing service, its officers, and its employees are | 24 | | not liable for loss of or damages to any real or personal | 25 | | property that occurs as the result of the removal or towing of | 26 | | any vehicle under subsection (c), as provided in subsection (b) |
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| 1 | | of Section 4-213.
| 2 | | (Source: P.A. 95-407, eff. 1-1-08.)
| 3 | | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
| 4 | | Sec. 11-408. Police to report motor vehicle accident | 5 | | investigations.
| 6 | | (a) Every law enforcement officer who investigates a motor | 7 | | vehicle accident
for which a report is required by this Article | 8 | | or who prepares an electronic a written
report as a result of | 9 | | an investigation either at the time and scene of such
motor | 10 | | vehicle accident or thereafter by interviewing participants or
| 11 | | witnesses shall forward an electronic a written report of such | 12 | | motor vehicle accident
to the Administrator on forms provided | 13 | | by the Administrator under Section
11-411 within 10 days after | 14 | | investigation of the motor
vehicle accident, or within such | 15 | | other time as is prescribed by the
Administrator.
Such written | 16 | | reports and the information contained in those reports required | 17 | | to be forwarded by law enforcement officers
shall not be held | 18 | | confidential by the reporting law
enforcement officer or | 19 | | agency. The Secretary of State may also disclose
notations of | 20 | | accident involvement maintained on individual driving records. | 21 | | However, the Administrator or the
Secretary of State may | 22 | | require a supplemental written report from the
reporting law | 23 | | enforcement officer.
| 24 | | (b) The Department at its discretion may require a | 25 | | supplemental written
report from the reporting law enforcement |
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| 1 | | officer on a form supplied by the
Department to be submitted | 2 | | directly to the Department. Such supplemental
report may be | 3 | | used only for accident studies and statistical or analytical
| 4 | | purposes under Section 11-412 or 11-414 of this Code.
| 5 | | (c) The Department at its discretion may provide for | 6 | | in-depth
investigations of accidents involving Department | 7 | | employees or other motor vehicle accidents by individuals or
| 8 | | special investigation groups, including but not limited to | 9 | | police officers,
photographers,
engineers, doctors, mechanics, | 10 | | and as a result of the investigation may
require the submission | 11 | | of electronic written reports, photographs, charts, sketches,
| 12 | | graphs, or a combination of all. Such individual written | 13 | | reports,
photographs, charts, sketches, or graphs may be used | 14 | | only for accident
studies and statistical or analytical | 15 | | purposes under Section 11-412 or 11-414 of this Code.
| 16 | | (d) On and after July 1, 1997, law enforcement officers who | 17 | | have reason to
suspect that the motor
vehicle accident was the | 18 | | result of a driver's loss of consciousness due to a
medical | 19 | | condition, as defined by the Driver's License Medical Review | 20 | | Law of
1992, or the result of any medical condition that | 21 | | impaired the
driver's ability to safely operate a motor vehicle | 22 | | shall notify the Secretary
of
this determination. The | 23 | | Secretary, in conjunction with the Driver's License
Medical | 24 | | Advisory Board, shall determine by administrative rule the | 25 | | temporary
conditions not required to be reported under the | 26 | | provisions of this Section.
The
Secretary shall, in conjunction |
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| 1 | | with the Illinois State Police and
representatives of local and | 2 | | county law enforcement agencies, promulgate any
rules | 3 | | necessary and develop the procedures and documents that may be | 4 | | required
to
obtain written, electronic , or other agreed upon | 5 | | methods of notification to
implement the provisions of this | 6 | | Section.
| 7 | | (e) Law enforcement officers reporting under the | 8 | | provisions of subsection
(d) of this Section shall enjoy the | 9 | | same immunities granted members of the
Driver's License Medical | 10 | | Advisory Board under Section 6-910 of this Code.
| 11 | | (f) All information furnished to the Secretary under | 12 | | subsection (d) of this
Section shall be deemed confidential and | 13 | | for the privileged use of the
Secretary in accordance with the | 14 | | provisions of subsection (j) of Section 2-123
of this Code.
| 15 | | (Source: P.A. 100-96, eff. 1-1-18 .)
| 16 | | (625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
| 17 | | Sec. 11-409. False motor vehicle accident reports or | 18 | | notices. Any
person who provides information in an oral or | 19 | | written report required by
this Code with knowledge or reason | 20 | | to believe that such
information is false shall be guilty of a | 21 | | Class C misdemeanor.
| 22 | | (Source: P.A. 83-831.)
| 23 | | (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
| 24 | | Sec. 11-411. Accident report forms.
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| 1 | | (a) The Administrator must prepare and upon request supply | 2 | | to police
departments, sheriffs and other appropriate agencies | 3 | | or individuals, forms
for electronic written accident reports | 4 | | as required hereunder, suitable with respect
to the persons | 5 | | required to make such reports and the purposes to be served.
| 6 | | The written reports must call for sufficiently detailed | 7 | | information to
disclose with reference to a vehicle accident | 8 | | the cause, conditions then
existing, and the persons and | 9 | | vehicles involved or any other data
concerning such accident | 10 | | that may be required for a complete analysis of
all related | 11 | | circumstances and events leading to the accident or subsequent
| 12 | | to the occurrence.
| 13 | | (b) Every accident report required to be made in writing | 14 | | must be made on
an approved form or in an approved electronic | 15 | | format provided by the Administrator and must
contain all the | 16 | | information required therein unless that information is not
| 17 | | available. The Department shall adopt any rules necessary to | 18 | | implement this subsection (b).
| 19 | | (c) Should special accident studies be required by the | 20 | | Administrator,
the Administrator may provide the electronic | 21 | | supplemental forms for the special
studies.
| 22 | | (Source: P.A. 100-96, eff. 1-1-18 .)
| 23 | | (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
| 24 | | Sec. 11-412. Motor vehicle accident reports confidential. | 25 | | (a) All required
written motor vehicle accident reports and |
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| 1 | | supplemental reports shall
be without prejudice to the | 2 | | individual so reporting and shall be for the
confidential use | 3 | | of the Department and the Secretary of State and, in the
case | 4 | | of second division vehicles operated under certificate of | 5 | | convenience
and necessity issued by the Illinois Commerce | 6 | | Commission, of the Commission,
except that the Administrator or | 7 | | the Secretary of State or the Commission may
disclose the | 8 | | identity of a person involved in a motor vehicle accident
when | 9 | | such identity is not otherwise known or when such person denies | 10 | | his
presence at such motor vehicle accident and the Department | 11 | | shall disclose
the identity of the insurance carrier, if any, | 12 | | upon demand. The Secretary of
State may also disclose notations | 13 | | of accident involvement maintained on
individual driving | 14 | | records. | 15 | | (b) Upon written request, the Department shall
furnish | 16 | | copies of its written accident reports or any supplemental | 17 | | reports to federal, State, and local
agencies that are engaged | 18 | | in highway safety research and studies and to any person or | 19 | | entity that has a contractual agreement with the Department or | 20 | | a federal, State, or local agency to complete a highway safety | 21 | | research and study for the Department or the federal, State, or | 22 | | local agency. Reports
furnished to any agency, person, or | 23 | | entity other than the Secretary of State or the Illinois
| 24 | | Commerce Commission may be used only for statistical or | 25 | | analytical purposes
and shall be held confidential by that | 26 | | agency, person, or entity.
These reports shall be exempt from |
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| 1 | | inspection and copying under the Freedom of Information Act and | 2 | | shall not be used as evidence in any trial, civil
or criminal, | 3 | | arising out of a motor vehicle accident, except
that the | 4 | | Administrator shall furnish upon demand of any person who has,
| 5 | | or claims to have, made such an electronic a written or | 6 | | supplemental report, or upon demand of any
court, a certificate | 7 | | showing that a specified written accident report or | 8 | | supplemental report
has or has not been made to the | 9 | | Administrator solely to prove a compliance
or a failure to | 10 | | comply with the requirement that such an electronic a written | 11 | | or supplemental report
be made to the Administrator.
| 12 | | (c) Upon written request, the Department shall furnish | 13 | | motor vehicle accident data to a federal, State, or local | 14 | | agency, the Secretary of State, the Illinois Commerce | 15 | | Commission, or any other person or entity under Section 11-417 | 16 | | of this Code. | 17 | | (d) The Department at its discretion may provide for
| 18 | | in-depth investigations of accidents involving Department | 19 | | employees or other motor vehicle accidents. A
written report | 20 | | describing the preventability of such an accident may be
| 21 | | prepared to enhance the safety of Department employees or the | 22 | | traveling public. Such reports and the information contained in | 23 | | those reports and
any opinions expressed in the review of the | 24 | | accident as to the
preventability of the accident shall be for | 25 | | the privileged use of the
Department and held confidential and | 26 | | shall not be obtainable or used in any
civil or criminal |
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| 1 | | proceeding.
| 2 | | (Source: P.A. 100-96, eff. 1-1-18 .)
| 3 | | (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
| 4 | | Sec. 11-414. Department to tabulate and analyze motor | 5 | | vehicle accident
reports. The Department shall tabulate and may | 6 | | analyze all written motor
vehicle accident reports received in | 7 | | compliance with this Code
and shall publish annually or at more | 8 | | frequent intervals motor vehicle accident data. The | 9 | | Department:
| 10 | | 1. (blank);
| 11 | | 2. shall, upon written request, make available to the | 12 | | public
motor vehicle accident data that shall be | 13 | | distributed under Sections 11-412 and 11-417 of this Code;
| 14 | | 3. may conduct special investigations of motor vehicle
| 15 | | accidents and may solicit supplementary reports from | 16 | | drivers, owners,
police departments, sheriffs, coroners, | 17 | | or any other individual.
Failure of any individual to | 18 | | submit a supplementary report subjects such
individual to | 19 | | the same penalties for failure to report as designated
| 20 | | under Section 11-406.
| 21 | | (Source: P.A. 100-96, eff. 1-1-18 .)
| 22 | | (625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
| 23 | | Sec. 11-415. Municipalities may require traffic accident | 24 | | reports. Municipalities may by ordinance require that the |
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| 1 | | driver or owner of
a vehicle involved in a traffic accident | 2 | | file with the designated municipal
office an electronic a | 3 | | written
report of such accident. All such reports shall be for | 4 | | the confidential
use of the municipal office and subject to the | 5 | | provisions of Section 11-412.
| 6 | | (Source: P.A. 83-831.)
| 7 | | (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
| 8 | | Sec. 11-416. Furnishing
copies - Fees.
The Department of | 9 | | State Police may furnish copies of an Illinois
State Police | 10 | | Traffic Accident Report that has been investigated by the
State | 11 | | Police and shall be paid a fee of $5 for each such
copy, or in | 12 | | the case of an accident which was investigated by an accident
| 13 | | reconstruction officer or accident reconstruction team, a fee | 14 | | of $20 shall be
paid. These fees shall be deposited into the | 15 | | State Police Services Fund.
| 16 | | Other State law enforcement agencies or law enforcement | 17 | | agencies of
local authorities may furnish copies of traffic | 18 | | accident reports
prepared by such agencies and may receive a | 19 | | fee not to exceed $5 for each
copy or in the case of an accident | 20 | | which was investigated by an accident
reconstruction officer or | 21 | | accident reconstruction team, the State or local law
| 22 | | enforcement agency may receive a fee not to exceed $20.
| 23 | | Any written accident report required or requested to be | 24 | | furnished the
Administrator shall be provided without cost or | 25 | | fee charges authorized
under this Section or any other |
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| 1 | | provision of law.
| 2 | | (Source: P.A. 101-571, eff. 8-23-19.)
| 3 | | (625 ILCS 5/11-417) | 4 | | Sec. 11-417. Motor vehicle accident report and motor | 5 | | vehicle accident data. | 6 | | (a) Upon written request and payment of the required fee, | 7 | | the Department shall make available to the public motor vehicle | 8 | | accident data received in compliance with this Code. The | 9 | | Department shall adopt any rules necessary to establish a fee | 10 | | schedule for motor vehicle accident data made available under | 11 | | Section 11-414 of this Code. | 12 | | (b) The Department shall provide copies of a written motor | 13 | | vehicle accident report or motor vehicle accident data without | 14 | | any cost or fees authorized under any provision of law to a | 15 | | federal, State, or local agency, the Secretary of State, the | 16 | | Illinois Commerce Commission, or any other person or entity | 17 | | that has a contractual agreement with the Department or a | 18 | | federal, State, or local agency to complete a highway safety | 19 | | research and study for the Department or the federal, State, or | 20 | | local agency. | 21 | | (c) All fees collected under this Section shall be placed | 22 | | in the Road Fund to be used, subject to appropriation, for the | 23 | | costs associated with motor vehicle accident records and motor | 24 | | vehicle accident data.
| 25 | | (Source: P.A. 100-96, eff. 1-1-18 .)
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2022.
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