Bill Amendment: IL HB3100 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-CRASH REPORTING
Status: 2024-04-19 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3100 Detail]
Download: Illinois-2023-HB3100-House_Amendment_003.html
Bill Title: VEH CD-CRASH REPORTING
Status: 2024-04-19 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3100 Detail]
Download: Illinois-2023-HB3100-House_Amendment_003.html
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1 | AMENDMENT TO HOUSE BILL 3100 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3100, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 7-201, 7-201.1, 11-407, and 11-408 as | ||||||
7 | follows:
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8 | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201) | ||||||
9 | Sec. 7-201. Application of Article II. The Administrator | ||||||
10 | as soon as practicable after the receipt of the report, | ||||||
11 | required to be filed under Section Sections 11-406 and 11-410, | ||||||
12 | of a motor vehicle crash occurring within this State and that | ||||||
13 | has resulted in bodily injury or death of any person or that | ||||||
14 | damage to the property of any one person in excess of $1,500 | ||||||
15 | (or $500 if any of the vehicles involved in the crash is | ||||||
16 | subject to Section 7-601 but is not covered by a liability |
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1 | insurance policy in accordance with Section 7-601) was | ||||||
2 | sustained, shall determine: | ||||||
3 | 1. Whether Section 7-202 of this Code requires the | ||||||
4 | deposit of security by or on behalf of any person who was | ||||||
5 | the operator or owner of any motor vehicle in any manner | ||||||
6 | involved in the crash; and | ||||||
7 | 2. What amount of security shall be sufficient to | ||||||
8 | satisfy any potential judgment or judgments for money | ||||||
9 | damages resulting from the crash as may be recovered | ||||||
10 | against the operator or owner, which amount shall in no | ||||||
11 | event be less than $1,500 (or $500 if any of the vehicles | ||||||
12 | involved in the crash is subject to Section 7-601 but is | ||||||
13 | not covered by a liability insurance policy in accordance | ||||||
14 | with Section 7-601). | ||||||
15 | (Source: P.A. 102-982, eff. 7-1-23 .)
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16 | (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1) | ||||||
17 | Sec. 7-201.1. If the Administrator has not received a | ||||||
18 | report required to be filed under Section Sections 11-406 and | ||||||
19 | 11-410, or if the information contained in a report is | ||||||
20 | insufficient, the Administrator shall send to the person | ||||||
21 | required to file the report a written request for the missing | ||||||
22 | report or the missing information. The Administrator shall | ||||||
23 | send such request no later than 45 days after the crash or 7 | ||||||
24 | days after receiving information that such crash has occurred, | ||||||
25 | whichever is later. |
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1 | If the request is sent to a driver involved in a crash, the | ||||||
2 | request or an attachment thereto shall contain in bold print a | ||||||
3 | warning that failure to comply with the request within 15 days | ||||||
4 | may result in the suspension of the driver's license. | ||||||
5 | (Source: P.A. 102-982, eff. 7-1-23 .)
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6 | (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407) | ||||||
7 | Sec. 11-407. Immediate notice of crash. | ||||||
8 | (a) The driver of a vehicle which is in any manner involved | ||||||
9 | in a crash within this State resulting in injury to or the | ||||||
10 | death of any person, or in which damage to the property of any | ||||||
11 | one person, including that of the driver, is sustained in | ||||||
12 | excess of $1,500 (or $500 if any of the vehicles involved in | ||||||
13 | the crash is subject to Section 7-601 but is not covered by a | ||||||
14 | liability insurance policy in accordance with Section 7-601), | ||||||
15 | or of a vehicle that is in any manner involved in a crash in | ||||||
16 | this State that involves a school bus, caused by a collision, a | ||||||
17 | sudden stop, or otherwise, resulting in any property damage, | ||||||
18 | personal injury, or death, or that is involved in a crash that | ||||||
19 | occurs within 50 feet of a school bus in this State and | ||||||
20 | resulting in personal injury to or the death of any person | ||||||
21 | while awaiting or preparing to board the bus or immediately | ||||||
22 | after exiting the bus described in Section 11-406 of this | ||||||
23 | Chapter shall, if no police officer is present, give notice of | ||||||
24 | the crash by the fastest available means of communication to | ||||||
25 | the local police department if such crash occurs within a |
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1 | municipality or otherwise to the nearest office of the county | ||||||
2 | sheriff or nearest headquarters of the Illinois State Police. | ||||||
3 | (b) Whenever the driver of a vehicle is physically | ||||||
4 | incapable of giving immediate notice of a crash as required in | ||||||
5 | subsection Subsection (a) and there was another occupant in | ||||||
6 | the vehicle at the time of the crash capable of doing so, that | ||||||
7 | occupant must give notice as required in subsection Subsection | ||||||
8 | (a). | ||||||
9 | (c) The driver of any vehicle reporting a crash not | ||||||
10 | meeting mandatory reporting requirements under subsection (a) | ||||||
11 | may fulfill reporting requirements by using a reporting | ||||||
12 | mechanism via electronic means, if the law enforcement agency | ||||||
13 | has implemented an electronic reporting mechanism. | ||||||
14 | (Source: P.A. 102-982, eff. 7-1-23 .)
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15 | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408) | ||||||
16 | Sec. 11-408. Police to report motor vehicle crash | ||||||
17 | investigations. | ||||||
18 | (a) Every law enforcement officer who investigates a motor | ||||||
19 | vehicle crash , or employee of a law enforcement agency | ||||||
20 | appointed with duties to complete the crash reporting form, | ||||||
21 | for which a report is required by this Article or who prepares | ||||||
22 | a written report as a result of an investigation either at the | ||||||
23 | time and scene of such motor vehicle crash or thereafter by | ||||||
24 | interviewing participants or witnesses shall forward a written | ||||||
25 | report of such motor vehicle crash to the Administrator on |
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1 | forms provided by the Administrator under Section 11-411 | ||||||
2 | within 10 days after investigation of the motor vehicle crash, | ||||||
3 | or within such other time as is prescribed by the | ||||||
4 | Administrator. Such written reports and the information | ||||||
5 | contained in those reports required to be forwarded by law | ||||||
6 | enforcement officers shall not be held confidential by the | ||||||
7 | reporting law enforcement officer or agency. The Secretary of | ||||||
8 | State may also disclose notations of crash involvement | ||||||
9 | maintained on individual driving records. However, the | ||||||
10 | Administrator or the Secretary of State may require a | ||||||
11 | supplemental written report from the reporting law enforcement | ||||||
12 | officer. | ||||||
13 | (b) The Department at its discretion may require a | ||||||
14 | supplemental written report from the reporting law enforcement | ||||||
15 | officer on a form supplied by the Department to be submitted | ||||||
16 | directly to the Department. Such supplemental report may be | ||||||
17 | used only for crash studies and statistical or analytical | ||||||
18 | purposes under Section 11-412 or 11-414 of this Code. | ||||||
19 | (c) The Department at its discretion may provide for | ||||||
20 | in-depth investigations of crashes involving Department | ||||||
21 | employees or other motor vehicle crashes by individuals or | ||||||
22 | special investigation groups, including but not limited to | ||||||
23 | police officers, photographers, engineers, doctors, mechanics, | ||||||
24 | and as a result of the investigation may require the | ||||||
25 | submission of written reports, photographs, charts, sketches, | ||||||
26 | graphs, or a combination of all. Such individual written |
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1 | reports, photographs, charts, sketches, or graphs may be used | ||||||
2 | only for crash studies and statistical or analytical purposes | ||||||
3 | under Section 11-412 or 11-414 of this Code. | ||||||
4 | (d) On and after July 1, 1997, law enforcement officers | ||||||
5 | who have reason to suspect that the motor vehicle crash was the | ||||||
6 | result of a driver's loss of consciousness due to a medical | ||||||
7 | condition, as defined by the Driver's License Medical Review | ||||||
8 | Law of 1992, or the result of any medical condition that | ||||||
9 | impaired the driver's ability to safely operate a motor | ||||||
10 | vehicle shall notify the Secretary of this determination. The | ||||||
11 | Secretary, in conjunction with the Driver's License Medical | ||||||
12 | Advisory Board, shall determine by administrative rule the | ||||||
13 | temporary conditions not required to be reported under the | ||||||
14 | provisions of this Section. The Secretary shall, in | ||||||
15 | conjunction with the Illinois State Police and representatives | ||||||
16 | of local and county law enforcement agencies, promulgate any | ||||||
17 | rules necessary and develop the procedures and documents that | ||||||
18 | may be required to obtain written, electronic, or other agreed | ||||||
19 | upon methods of notification to implement the provisions of | ||||||
20 | this Section. | ||||||
21 | (e) Law enforcement officers reporting under the | ||||||
22 | provisions of subsection (d) of this Section shall enjoy the | ||||||
23 | same immunities granted members of the Driver's License | ||||||
24 | Medical Advisory Board under Section 6-910 of this Code. | ||||||
25 | (f) All information furnished to the Secretary under | ||||||
26 | subsection (d) of this Section shall be deemed confidential |
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1 | and for the privileged use of the Secretary in accordance with | ||||||
2 | the provisions of subsection (j) of Section 2-123 of this | ||||||
3 | Code. | ||||||
4 | (Source: P.A. 102-982, eff. 7-1-23 .)
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