Bill Text: IL SB3246 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Requires motor vehicle accident reports and requests for motor vehicle accident reports to be electronic rather than written. Makes corresponding changes. Effective January 1, 2022.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3246 Detail]

Download: Illinois-2019-SB3246-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3246 Introduced 2/11/2020, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-404 from Ch. 95 1/2, par. 11-404
625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
625 ILCS 5/11-409 from Ch. 95 1/2, par. 11-409
625 ILCS 5/11-411 from Ch. 95 1/2, par. 11-411
625 ILCS 5/11-412 from Ch. 95 1/2, par. 11-412
625 ILCS 5/11-414 from Ch. 95 1/2, par. 11-414
625 ILCS 5/11-415 from Ch. 95 1/2, par. 11-415
625 ILCS 5/11-416 from Ch. 95 1/2, par. 11-416
625 ILCS 5/11-417
Amends the Illinois Vehicle Code. Requires motor vehicle accident reports and requests for motor vehicle accident reports to be electronic rather than written. Makes corresponding changes. Effective January 1, 2022.
LRB101 16612 LNS 65996 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3246 LRB101 16612 LNS 65996 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
Sections 11-404, 11-408, 11-409, 11-411, 11-412, 11-414,
11-415, 11-416, and 11-417 as follows:
(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
Sec. 11-404. Duty upon damaging unattended vehicle or other
property.
(a) The driver of any vehicle which collides with or is
involved in a motor vehicle accident with any vehicle which is
unattended, or other property, resulting in any damage to such
other vehicle or property shall immediately stop and shall then
and there either locate and notify the operator or owner of
such vehicle or other property of the driver's name, address,
registration number and owner of the vehicle the driver was
operating or shall attach securely in a conspicuous place on or
in the vehicle or other property struck a written notice giving
the driver's name, address, registration number and owner of
the vehicle the driver was driving and shall without
unnecessary delay notify the nearest office of a duly
authorized police authority and shall make a written report of
such accident when and as required in Section 11-406. Every

SB3246 - 2 - LRB101 16612 LNS 65996 b
such stop shall be made without obstructing traffic more than
is necessary. If a damaged vehicle is obstructing traffic
lanes, the driver of the vehicle must make every reasonable
effort to move the vehicle or have it moved so as not to block
the traffic lanes.
(b) Any person failing to comply with this Section shall be
guilty of a Class A misdemeanor.
(c) If any peace officer or highway authority official
finds (i) a vehicle standing upon a highway or toll highway in
violation of a prohibition, limitation, or restriction on
stopping, standing, or parking imposed under this Code or (ii)
a disabled vehicle that obstructs the roadway of a highway or
toll highway, the peace officer or highway authority official
is authorized to move the vehicle or to require the operator of
the vehicle to move the vehicle to the shoulder of the road, to
a position where parking is permitted, or to public parking or
storage premises. The removal may be performed by, or under the
direction of, the peace officer or highway authority official
or may be contracted for by local authorities. After the
vehicle has been removed, the peace officer or highway
authority official shall follow appropriate procedures, as
provided in Section 4-203 of this Code.
(d) A towing service, its officers, and its employees are
not liable for loss of or damages to any real or personal
property that occurs as the result of the removal or towing of
any vehicle under subsection (c), as provided in subsection (b)

SB3246 - 3 - LRB101 16612 LNS 65996 b
of Section 4-213.
(Source: P.A. 95-407, eff. 1-1-08.)
(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 an electronic 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 an electronic 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 and the information contained in those reports required
to be forwarded by law enforcement officers 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.
(b) The Department at its discretion may require a
supplemental written report from the reporting law enforcement

SB3246 - 4 - LRB101 16612 LNS 65996 b
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 under Section 11-412 or 11-414 of this Code.
(c) The Department at its discretion may provide for
in-depth investigations of accidents involving Department
employees or other motor vehicle accidents 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 electronic 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.
(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

SB3246 - 5 - LRB101 16612 LNS 65996 b
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. 100-96, eff. 1-1-18.)
(625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
Sec. 11-409. False motor vehicle accident reports or
notices. Any person who provides information in an oral or
written report required by this Code with knowledge or reason
to believe that such information is false shall be guilty of a
Class C misdemeanor.
(Source: P.A. 83-831.)
(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
Sec. 11-411. Accident report forms.

SB3246 - 6 - LRB101 16612 LNS 65996 b
(a) The Administrator must prepare and upon request supply
to police departments, sheriffs and other appropriate agencies
or individuals, forms for electronic 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 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 form or in an approved electronic
format 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 electronic
supplemental forms for the special studies.
(Source: P.A. 100-96, eff. 1-1-18.)
(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

SB3246 - 7 - LRB101 16612 LNS 65996 b
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
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 Department shall 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 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

SB3246 - 8 - LRB101 16612 LNS 65996 b
inspection and copying under the Freedom of Information Act and
shall not 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 an electronic a written or
supplemental report, 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 an electronic 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 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

SB3246 - 9 - LRB101 16612 LNS 65996 b
proceeding.
(Source: P.A. 100-96, eff. 1-1-18.)
(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
Sec. 11-414. Department to tabulate and analyze motor
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. The
Department:
1. (blank);
2. shall, upon written request, make available to the
public motor vehicle accident data that shall be
distributed under Sections 11-412 and 11-417 of this Code;
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. 100-96, eff. 1-1-18.)
(625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
Sec. 11-415. Municipalities may require traffic accident
reports. Municipalities may by ordinance require that the

SB3246 - 10 - LRB101 16612 LNS 65996 b
driver or owner of a vehicle involved in a traffic accident
file with the designated municipal office an electronic a
written report of such accident. All such reports shall be for
the confidential use of the municipal office and subject to the
provisions of Section 11-412.
(Source: P.A. 83-831.)
(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
Sec. 11-416. Furnishing copies - Fees. The Department of
State Police may furnish copies of an Illinois State Police
Traffic Accident Report that has been investigated by the State
Police and shall be paid a fee of $5 for each such copy, or in
the case of an accident which was investigated by an accident
reconstruction officer or accident reconstruction team, a fee
of $20 shall be paid. These fees shall be deposited into the
State Police Services Fund.
Other State law enforcement agencies or law enforcement
agencies of local authorities may furnish copies of traffic
accident reports prepared by such agencies and may receive a
fee not to exceed $5 for each copy or in the case of an accident
which was investigated by an accident reconstruction officer or
accident reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written accident report required or requested to be
furnished the Administrator shall be provided without cost or
fee charges authorized under this Section or any other

SB3246 - 11 - LRB101 16612 LNS 65996 b
provision of law.
(Source: P.A. 101-571, eff. 8-23-19.)
(625 ILCS 5/11-417)
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.
(Source: P.A. 100-96, eff. 1-1-18.)

SB3246 - 12 - LRB101 16612 LNS 65996 b
Section 99. Effective date. This Act takes effect January
1, 2022.