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| Public Act 096-1147 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 11-408 as follows:
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(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
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Sec. 11-408. Police to report motor vehicle accident | ||||
investigations.
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(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
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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
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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
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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
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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.
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(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
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purposes, and shall be for the privileged use of the Department | ||
and shall
be held confidential.
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(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 | ||
submission of written reports, photographs, charts, sketches,
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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.
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(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.
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(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.
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(Source: P.A. 89-503, eff. 7-1-96; 89-584, eff. 7-31-96; 90-14, | ||
eff.
7-1-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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