Bill Text: IL HB2754 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Illinois Vehicle Code. Removes provisions providing that a written motor vehicle accident report is privileged as to the Secretary of State and the Department of Transportation and shall be held confidential. Provides that the Department may provide for in-depth investigations of accidents involving Department employees or other motor vehicle accidents (rather than investigations of only motor vehicle accidents) by individuals or special investigation groups. Provides that an accident report required to be made in writing shall be made on an approved (rather than appropriate) form or in an approved electronic format provided by the Administrator. Provides that upon written request, the Department shall furnish copies of a written accident report or any supplemental reports to a federal, State, or local agency that is engaged in highway safety research and study and to any person or entity that has a contractual relationship with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Provides that upon written request, the Department shall furnish motor vehicle accident data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Defines "motor vehicle accident data". Makes conforming changes. Amends the Freedom of Information Act to exempt from inspection and copying information contained in motor vehicle accident reports and supplemental reports under Article IV of Chapter 11 of the Illinois Vehicle Code.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2754 Detail]

Download: Illinois-2017-HB2754-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 10. The Illinois Vehicle Code is amended by
changing Sections 11-408, 11-411, 11-412, and 11-414 and by
adding Sections 1-146.5 and 11-417 as follows:
(625 ILCS 5/1-146.5 new)
Sec. 1-146.5. Motor vehicle accident data. Any information
generated from a motor vehicle accident report or supplemental
report, but shall not include a copy of the motor vehicle
accident report or supplemental report, personally identifying
information as defined in Section 1-159.2 of this Code, or any
other information disclosure of which is prohibited by law.
(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

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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 and the information contained in those 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

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directly to the Department. Such supplemental report may be
used only for accident studies and statistical or analytical
purposes under Section 11-412 or 11-414 of this Code , 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 accidents involving Department
employees or other a motor vehicle accidents 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 under Section 11-412 or 11-414 of this Code , 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

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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. 96-1147, eff. 7-21-10.)
(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
Sec. 11-411. Accident report forms.
(a) The Administrator must prepare and upon request supply
to police departments, sheriffs and other appropriate agencies
or individuals, forms for written accident reports as required
hereunder, suitable with respect to the persons required to
make such reports and the purposes to be served. The written

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reports must call for sufficiently detailed information to
disclose with reference to a vehicle accident the cause,
conditions then existing, and the persons and vehicles involved
or any other data concerning such accident that may be required
for a complete analysis of all related circumstances and events
leading to the accident or subsequent to the occurrence.
(b) Every accident report required to be made in writing
must be made on an approved appropriate form or in an approved
electronic format approved or provided by the Administrator and
must contain all the information required therein unless that
information is not available. The Department shall adopt any
rules necessary to implement this subsection (b).
(c) Should special accident studies be required by the
Administrator, the Administrator may provide the supplemental
forms for the special studies.
(Source: P.A. 78-255.)
(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
Sec. 11-412. Motor vehicle accident reports confidential.
(a) All required written motor vehicle accident reports and
supplemental reports shall be without prejudice to the
individual so reporting and shall be for the confidential use
of the Department and the Secretary of State and, in the case
of second division vehicles operated under certificate of
convenience and necessity issued by the Illinois Commerce
Commission, of the Commission, except that the Administrator or

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the Secretary of State or the Commission may disclose the
identity of a person involved in a motor vehicle accident when
such identity is not otherwise known or when such person denies
his presence at such motor vehicle accident and the Department
shall disclose the identity of the insurance carrier, if any,
upon demand. The Secretary of State may also disclose notations
of accident involvement maintained on individual driving
records.
(b) Upon written request, the The Department shall may
furnish copies of its written accident reports or any
supplemental reports to federal, State, and local agencies that
are engaged in highway safety research and studies and to any
person or entity that has a contractual agreement with the
Department or a federal, State, or local agency to a complete a
highway safety research and study for the Department or the
federal, State, or local agency. Reports furnished to any
agency, person, or entity other than the Secretary of State or
the Illinois Commerce Commission may be used only for
statistical or analytical purposes and shall be held
confidential by that agency, person, or entity. These reports
shall be exempt from inspection and copying under the Freedom
of Information Act and shall not be No such written report
shall be used as evidence in any trial, civil or criminal,
arising out of a motor vehicle accident, except that the
Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written or supplemental report,

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or upon demand of any court, a certificate showing that a
specified written accident report or supplemental report has or
has not been made to the Administrator solely to prove a
compliance or a failure to comply with the requirement that
such a written or supplemental report be made to the
Administrator.
(c) Upon written request, the Department shall furnish
motor vehicle accident data to a federal, State, or local
agency, the Secretary of State, the Illinois Commerce
Commission, or any other person or entity under Section 11-417
of this Code.
(d) The Department of Transportation at its discretion may
provide for in-depth investigations of accidents involving
Department employees or other motor vehicle accidents. A
written report describing the preventability of such an
accident may be prepared to enhance the safety of Department
employees or the traveling public. Such reports and the
information contained in those reports and any opinions
expressed in the review of the accident as to the
preventability of the accident shall be for the privileged use
of the Department and held confidential and shall not be
obtainable or used in any civil or criminal proceeding.
(Source: P.A. 95-757, eff. 7-25-08.)
(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
Sec. 11-414. Department to tabulate and analyze motor

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vehicle accident reports. The Department shall tabulate and may
analyze all written motor vehicle accident reports received in
compliance with this Code and shall publish annually or at more
frequent intervals motor vehicle accident data statistical
information based thereon as to the number and circumstances of
traffic accidents. The Department:
1. (blank); shall submit a report of school bus accidents
and accidents resulting in personal injury to or the death of
any person within 50 feet of a school bus while awaiting or
preparing to board the bus or immediately after exiting the bus
to the National Highway Safety Advisory Committee annually or
as requested by the Committee;
2. shall, upon written request, compile, maintain, and make
available to the public motor vehicle accident data that shall
be distributed under Sections 11-412 and 11-417 of this Code
statistical information relating to traffic accidents
involving medical transport vehicles;
3. may conduct special investigations of motor vehicle
accidents and may solicit supplementary reports from drivers,
owners, police departments, sheriffs, coroners, or any other
individual. Failure of any individual to submit a supplementary
report subjects such individual to the same penalties for
failure to report as designated under Section 11-406.
(Source: P.A. 83-831.)
(625 ILCS 5/11-417 new)

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Sec. 11-417. Motor vehicle accident report and motor
vehicle accident data.
(a) Upon written request and payment of the required fee,
the Department shall make available to the public motor vehicle
accident data received in compliance with this Code. The
Department shall adopt any rules necessary to establish a fee
schedule for motor vehicle accident data made available under
Section 11-414 of this Code.
(b) The Department shall provide copies of a written motor
vehicle accident report or motor vehicle accident data without
any cost or fees authorized under any provision of law to a
federal, State, or local agency, the Secretary of State, the
Illinois Commerce Commission, or any other person or entity
that has a contractual agreement with the Department or a
federal, State, or local agency to complete a highway safety
research and study for the Department or the federal, State, or
local agency.
(c) All fees collected under this Section shall be placed
in the Road Fund to be used, subject to appropriation, for the
costs associated with motor vehicle accident records and motor
vehicle accident data.