Public Act 096-1147
Public Act 1147 96TH GENERAL ASSEMBLY
|
Public Act 096-1147
| | HB5330 Enrolled | LRB096 19926 AJT 35397 b |
|
| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Section 11-408 as follows:
| (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
| Sec. 11-408. Police to report motor vehicle accident | investigations.
| (a) Every law enforcement officer who investigates a motor | vehicle accident
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 accident or thereafter by interviewing participants or
| witnesses shall forward a written report of such motor vehicle | accident
to the Administrator on forms provided by the | Administrator under Section
11-411 within 10 days after | investigation of the motor
vehicle accident, or within such | other time as is prescribed by the
Administrator.
Such written | reports required to be forwarded by law enforcement officers
| and the information
contained therein are privileged as to the | Secretary of State and the
Department
and, in the case of | second division vehicles operated under certificate of
| convenience and necessity issued by the Illinois Commerce |
| Commission, to
the Commission, but shall not be held | confidential by the reporting law
enforcement officer or | agency. The Secretary of State may also disclose
notations of | accident 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 and such supplemental report shall be
for | the privileged use of the Secretary of State and the Department | and
shall be held confidential. Upon request, the Department
| shall furnish copies of its written accident reports to | federal, State, and local
agencies that are engaged in highway | safety research and studies. The reports shall be for the | privileged use of the federal, State, and local
agencies | receiving the reports and shall be held confidential.
| (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 accident studies and statistical or analytical
| purposes, and shall be for the privileged use of the Department | and shall
be held confidential.
| (c) The Department at its discretion may also provide for | in-depth
investigations of a motor vehicle accident 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 accident
studies and statistical or analytical | purposes, shall be for the privileged
use of the Department and | held confidential, and shall not be used in any
trial, civil or | criminal.
| (d) On and after July 1, 1997, law enforcement officers who | have reason to
suspect that the motor
vehicle accident 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. 89-503, eff. 7-1-96; 89-584, eff. 7-31-96; 90-14, | eff.
7-1-97.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/21/2010
|
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