Bill Text: IL HB3854 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that in the case of a fatal motor vehicle accident involving 2 or more vehicles, a traffic crash reconstruction report must be completed within 30 days of the accident.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3854 Detail]

Download: Illinois-2011-HB3854-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3854 Introduced , by Rep. Rich Brauer SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
Amends the Illinois Vehicle Code. Provides that in the case of a fatal motor vehicle accident involving 2 or more vehicles, a traffic crash reconstruction report must be completed within 30 days of the accident.
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A BILL FOR
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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 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. In the case
of a fatal motor vehicle accident involving 2 or more vehicles,
a traffic crash reconstruction report must be completed within
30 days of the accident. Such written reports required to be
forwarded by law enforcement officers and the information
contained therein are privileged as to the Secretary of State

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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

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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.

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(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.)