Full Text of HB5330 096th General Assembly
HB5330enr 96TH GENERAL ASSEMBLY
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HB5330 Enrolled |
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LRB096 19926 AJT 35397 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-408 as follows:
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| (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
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| Sec. 11-408. Police to report motor vehicle accident | 8 |
| investigations.
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| (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
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| 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.
Such written | 19 |
| reports required to be forwarded by law enforcement officers
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| and the information
contained therein are privileged as to the | 21 |
| Secretary of State and the
Department
and, in the case of | 22 |
| second division vehicles operated under certificate of
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| convenience and necessity issued by the Illinois Commerce |
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| Commission, to
the Commission, but shall not be held | 2 |
| confidential by the reporting law
enforcement officer or | 3 |
| agency. The Secretary of State may also disclose
notations of | 4 |
| accident involvement maintained on individual driving records. | 5 |
| However, the Administrator or the
Secretary of State may | 6 |
| require a supplemental written report from the
reporting law | 7 |
| enforcement officer and such supplemental report shall be
for | 8 |
| the privileged use of the Secretary of State and the Department | 9 |
| and
shall be held confidential. Upon request, the Department
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| shall furnish copies of its written accident reports to | 11 |
| federal, State, and local
agencies that are engaged in highway | 12 |
| safety research and studies. The reports shall be for the | 13 |
| privileged use of the federal, State, and local
agencies | 14 |
| receiving the reports and shall be held confidential.
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| (b) The Department at its discretion may require a | 16 |
| supplemental written
report from the reporting law enforcement | 17 |
| officer on a form supplied by the
Department to be submitted | 18 |
| directly to the Department. Such supplemental
report may be | 19 |
| used only for accident studies and statistical or analytical
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| purposes, and shall be for the privileged use of the Department | 21 |
| and shall
be held confidential.
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| (c) The Department at its discretion may also provide for | 23 |
| in-depth
investigations of a motor vehicle accident by | 24 |
| individuals or
special investigation groups, including but not | 25 |
| limited to police officers,
photographers,
engineers, doctors, | 26 |
| mechanics, and as a result of the investigation may
require the |
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| submission of written reports, photographs, charts, sketches,
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| graphs, or a combination of all. Such individual written | 3 |
| reports,
photographs, charts, sketches, or graphs may be used | 4 |
| only for accident
studies and statistical or analytical | 5 |
| purposes, shall be for the privileged
use of the Department and | 6 |
| held confidential, and shall not be used in any
trial, civil or | 7 |
| criminal.
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| (d) On and after July 1, 1997, law enforcement officers who | 9 |
| have reason to
suspect that the motor
vehicle accident was the | 10 |
| result of a driver's loss of consciousness due to a
medical | 11 |
| condition, as defined by the Driver's License Medical Review | 12 |
| Law of
1992, or the result of any medical condition that | 13 |
| impaired the
driver's ability to safely operate a motor vehicle | 14 |
| shall notify the Secretary
of
this determination. The | 15 |
| Secretary, in conjunction with the Driver's License
Medical | 16 |
| Advisory Board, shall determine by administrative rule the | 17 |
| temporary
conditions not required to be reported under the | 18 |
| provisions of this Section.
The
Secretary shall, in conjunction | 19 |
| with the Illinois State Police and
representatives of local and | 20 |
| county law enforcement agencies, promulgate any
rules | 21 |
| necessary and develop the procedures and documents that may be | 22 |
| required
to
obtain written, electronic, or other agreed upon | 23 |
| methods of notification to
implement the provisions of this | 24 |
| Section.
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| (e) Law enforcement officers reporting under the | 26 |
| provisions of subsection
(d) of this Section shall enjoy the |
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| same immunities granted members of the
Driver's License Medical | 2 |
| Advisory Board under Section 6-910 of this Code.
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| (f) All information furnished to the Secretary under | 4 |
| subsection (d) of this
Section shall be deemed confidential and | 5 |
| for the privileged use of the
Secretary in accordance with the | 6 |
| provisions of subsection (j) of Section 2-123
of this Code.
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| (Source: P.A. 89-503, eff. 7-1-96; 89-584, eff. 7-31-96; 90-14, | 8 |
| eff.
7-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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