(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
Sec. 11-408. Police to report motor vehicle crash investigations.
(a) Every law enforcement officer who investigates a motor vehicle crash
for which a report is required by this Article or who prepares a written
report as a result of an investigation either at the time and scene of such
motor vehicle crash or thereafter by interviewing participants or
witnesses shall forward a written report of such motor vehicle crash
to the Administrator on forms provided by the Administrator under Section
11-411 within 10 days after investigation of the motor
vehicle crash, or within such other time as is prescribed by the
Administrator.
Such written reports and the information contained in those reports required to be forwarded by law enforcement officers
shall not be held confidential by the reporting law
enforcement officer or agency. The Secretary of State may also disclose
notations of crash involvement maintained on individual driving records. However, the Administrator or the
Secretary of State may require a supplemental written report from the
reporting law enforcement officer.
(b) The Department at its discretion may require a supplemental written
report from the reporting law enforcement officer on a form supplied by the
Department to be submitted directly to the Department. Such supplemental
report may be used only for crash studies and statistical or analytical
purposes under Section 11-412 or 11-414 of this Code.
(c) The Department at its discretion may provide for in-depth
investigations of crashes involving Department employees or other motor vehicle crashes by individuals or
special investigation groups, including but not limited to police officers,
photographers,
engineers, doctors, mechanics, and as a result of the investigation may
require the submission of written reports, photographs, charts, sketches,
graphs, or a combination of all. Such individual written reports,
photographs, charts, sketches, or graphs may be used only for crash
studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.
(d) On and after July 1, 1997, law enforcement officers who have reason to
suspect that the motor
vehicle crash was the result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical Review Law of
1992, or the result of any medical condition that impaired the
driver's ability to safely operate a motor vehicle shall notify the Secretary
of
this determination. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
The
Secretary shall, in conjunction with the Illinois State Police and
representatives of local and county law enforcement agencies, promulgate any
rules necessary and develop the procedures and documents that may be required
to
obtain written, electronic, or other agreed upon methods of notification to
implement the provisions of this Section.
(e) Law enforcement officers reporting under the provisions of subsection
(d) of this Section shall enjoy the same immunities granted members of the
Driver's License Medical Advisory Board under Section 6-910 of this Code.
(f) All information furnished to the Secretary under subsection (d) of this
Section shall be deemed confidential and for the privileged use of the
Secretary in accordance with the provisions of subsection (j) of Section 2-123
of this Code.
(Source: P.A. 102-982, eff. 7-1-23.)
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