Bill Text: IL HB5330 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends a provision of the Illinois Vehicle Code concerning accident reports. Provides that upon request, the Department of Transportation shall furnish copies of its written accident reports to federal, State, and local agencies that are engaged in highway safety research and studies. Provides that the reports shall be for the privileged use of the federal, State, and local agencies receiving the reports and shall be held confidential. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-21 - Public Act . . . . . . . . . 96-1147 [HB5330 Detail]

Download: Illinois-2009-HB5330-Enrolled.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 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

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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

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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

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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.