IL
Illinois House Bill HB3100

Illinois 2023-2024 Regular Session

Illinois House Bill HB3100 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3100 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408 Amends the Illinois Vehicle Code. Provides that the immediate notice of crash provisions of the Code apply to crashes within the State resulting in injury to or the death of any person, or in which damage to the property of any one person, including that of the driver, is sustained in excess of $10,000 (or $5,000 if any of the vehicles involved in certain crashes but is not covered by the specified liability insurance policy), or of a vehicle that is in any manner involved in a crash in the State that involves a school bus, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, or that is involved in a crash that occurs within 50 feet of a school bus in this State and resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus. Requires the Secretary of State to suspend the driver's license or any nonresident driving privilege of any person who fails or neglects to report a crash as required by any other law of the State. Provides that the driver is not required to file a report in a single-vehicle crash in which the vehicle struck a deer or other animal or when damaged is caused to the vehicle due to a highway defect. Provides that certain drivers may fulfill reporting requirements by using a reporting mechanism via electronic means, if the law enforcement agency has implemented an electronic reporting mechanism. Adds employees of a law enforcement agency appointed with duties to complete the Illinois State Police crash reporting form to provisions requiring law enforcement officers to forward a written report as a result of a crash investigation to the Administrator. Effective July 1, 2023. LRB103 30065 MXP 56488 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3100 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408 Amends the Illinois Vehicle Code. Provides that the immediate notice of crash provisions of the Code apply to crashes within the State resulting in injury to or the death of any person, or in which damage to the property of any one person, including that of the driver, is sustained in excess of $10,000 (or $5,000 if any of the vehicles involved in certain crashes but is not covered by the specified liability insurance policy), or of a vehicle that is in any manner involved in a crash in the State that involves a school bus, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, or that is involved in a crash that occurs within 50 feet of a school bus in this State and resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus. Requires the Secretary of State to suspend the driver's license or any nonresident driving privilege of any person who fails or neglects to report a crash as required by any other law of the State. Provides that the driver is not required to file a report in a single-vehicle crash in which the vehicle struck a deer or other animal or when damaged is caused to the vehicle due to a highway defect. Provides that certain drivers may fulfill reporting requirements by using a reporting mechanism via electronic means, if the law enforcement agency has implemented an electronic reporting mechanism. Adds employees of a law enforcement agency appointed with duties to complete the Illinois State Police crash reporting form to provisions requiring law enforcement officers to forward a written report as a result of a crash investigation to the Administrator. Effective July 1, 2023. LRB103 30065 MXP 56488 b LRB103 30065 MXP 56488 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3100 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
44 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407
55 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
66 Amends the Illinois Vehicle Code. Provides that the immediate notice of crash provisions of the Code apply to crashes within the State resulting in injury to or the death of any person, or in which damage to the property of any one person, including that of the driver, is sustained in excess of $10,000 (or $5,000 if any of the vehicles involved in certain crashes but is not covered by the specified liability insurance policy), or of a vehicle that is in any manner involved in a crash in the State that involves a school bus, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, or that is involved in a crash that occurs within 50 feet of a school bus in this State and resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus. Requires the Secretary of State to suspend the driver's license or any nonresident driving privilege of any person who fails or neglects to report a crash as required by any other law of the State. Provides that the driver is not required to file a report in a single-vehicle crash in which the vehicle struck a deer or other animal or when damaged is caused to the vehicle due to a highway defect. Provides that certain drivers may fulfill reporting requirements by using a reporting mechanism via electronic means, if the law enforcement agency has implemented an electronic reporting mechanism. Adds employees of a law enforcement agency appointed with duties to complete the Illinois State Police crash reporting form to provisions requiring law enforcement officers to forward a written report as a result of a crash investigation to the Administrator. Effective July 1, 2023.
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1212 1 AN ACT concerning transportation.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Vehicle Code is amended by
1616 5 changing Sections 11-407 and 11-408 as follows:
1717 6 (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
1818 7 (Text of Section before amendment by P.A. 102-982)
1919 8 Sec. 11-407. Immediate notice of accident.
2020 9 (a) The driver of a vehicle which is in any manner involved
2121 10 in an accident described in Section 11-406 of this Chapter
2222 11 shall, if no police officer is present, give notice of the
2323 12 accident by the fastest available means of communication to
2424 13 the local police department if such accident occurs within a
2525 14 municipality or otherwise to the nearest office of the county
2626 15 sheriff or nearest headquarters of the Illinois State Police.
2727 16 (b) Whenever the driver of a vehicle is physically
2828 17 incapable of giving immediate notice of an accident as
2929 18 required in Subsection (a) and there was another occupant in
3030 19 the vehicle at the time of the accident capable of doing so,
3131 20 that occupant must give notice as required in Subsection (a).
3232 21 (Source: P.A. 76-2163.)
3333 22 (Text of Section after amendment by P.A. 102-982)
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3100 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
3838 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
3939 625 ILCS 5/11-407 from Ch. 95 1/2, par. 11-407
4040 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
4141 Amends the Illinois Vehicle Code. Provides that the immediate notice of crash provisions of the Code apply to crashes within the State resulting in injury to or the death of any person, or in which damage to the property of any one person, including that of the driver, is sustained in excess of $10,000 (or $5,000 if any of the vehicles involved in certain crashes but is not covered by the specified liability insurance policy), or of a vehicle that is in any manner involved in a crash in the State that involves a school bus, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, or that is involved in a crash that occurs within 50 feet of a school bus in this State and resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus. Requires the Secretary of State to suspend the driver's license or any nonresident driving privilege of any person who fails or neglects to report a crash as required by any other law of the State. Provides that the driver is not required to file a report in a single-vehicle crash in which the vehicle struck a deer or other animal or when damaged is caused to the vehicle due to a highway defect. Provides that certain drivers may fulfill reporting requirements by using a reporting mechanism via electronic means, if the law enforcement agency has implemented an electronic reporting mechanism. Adds employees of a law enforcement agency appointed with duties to complete the Illinois State Police crash reporting form to provisions requiring law enforcement officers to forward a written report as a result of a crash investigation to the Administrator. Effective July 1, 2023.
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7070 1 Sec. 11-407. Immediate notice of crash.
7171 2 (a) The driver of a vehicle which is in any manner involved
7272 3 in a crash within this State resulting in injury to or the
7373 4 death of any person, or in which damage to the property of any
7474 5 one person, including that of the driver, is sustained in
7575 6 excess of $10,000 (or $5,000 if any of the vehicles involved in
7676 7 the crash is subject to Section 7-601 but is not covered by a
7777 8 liability insurance policy in accordance with Section 7-601),
7878 9 or of a vehicle that is in any manner involved in a crash in
7979 10 this State that involves a school bus, caused by a collision, a
8080 11 sudden stop, or otherwise, resulting in any property damage,
8181 12 personal injury, or death, or that is involved in a crash that
8282 13 occurs within 50 feet of a school bus in this State and
8383 14 resulting in personal injury to or the death of any person
8484 15 while awaiting or preparing to board the bus or immediately
8585 16 after exiting the bus described in Section 11-406 of this
8686 17 Chapter shall, if no police officer is present, give notice of
8787 18 the crash by the fastest available means of communication to
8888 19 the local police department if such crash occurs within a
8989 20 municipality or otherwise to the nearest office of the county
9090 21 sheriff or nearest headquarters of the Illinois State Police.
9191 22 (b) Whenever the driver of a vehicle is physically
9292 23 incapable of giving immediate notice of a crash as required in
9393 24 subsection Subsection (a) and there was another occupant in
9494 25 the vehicle at the time of the crash capable of doing so, that
9595 26 occupant must give notice as required in subsection Subsection
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106106 1 (a).
107107 2 (c) The Secretary of State shall suspend the driver's
108108 3 license or any nonresident driving privilege of any person who
109109 4 fails or neglects to report a crash as required by any other
110110 5 law of this State.
111111 6 (d) The driver of any vehicle that is involved in a
112112 7 single-vehicle crash in which the vehicle struck a deer or
113113 8 other animal within this State resulting in only property
114114 9 damage to either the vehicle or animal is not required to file
115115 10 a report.
116116 11 (e) Any damage caused to a vehicle due to a highway defect
117117 12 is not considered a crash under this Act, and the driver is not
118118 13 required to file a report.
119119 14 (f) The driver of any vehicle reporting a crash not
120120 15 meeting mandatory reporting requirements under subsection (a)
121121 16 may fulfill reporting requirements by using a reporting
122122 17 mechanism via electronic means, if the law enforcement agency
123123 18 has implemented an electronic reporting mechanism.
124124 19 (Source: P.A. 102-982, eff. 7-1-23.)
125125 20 (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
126126 21 (Text of Section before amendment by P.A. 102-982)
127127 22 Sec. 11-408. Police to report motor vehicle accident
128128 23 investigations.
129129 24 (a) Every law enforcement officer who investigates a motor
130130 25 vehicle accident for which a report is required by this
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141141 1 Article or who prepares a written report as a result of an
142142 2 investigation either at the time and scene of such motor
143143 3 vehicle accident or thereafter by interviewing participants or
144144 4 witnesses shall forward a written report of such motor vehicle
145145 5 accident to the Administrator on forms provided by the
146146 6 Administrator under Section 11-411 within 10 days after
147147 7 investigation of the motor vehicle accident, or within such
148148 8 other time as is prescribed by the Administrator. Such written
149149 9 reports and the information contained in those reports
150150 10 required to be forwarded by law enforcement officers shall not
151151 11 be held confidential by the reporting law enforcement officer
152152 12 or agency. The Secretary of State may also disclose notations
153153 13 of accident involvement maintained on individual driving
154154 14 records. However, the Administrator or the Secretary of State
155155 15 may require a supplemental written report from the reporting
156156 16 law enforcement officer.
157157 17 (b) The Department at its discretion may require a
158158 18 supplemental written report from the reporting law enforcement
159159 19 officer on a form supplied by the Department to be submitted
160160 20 directly to the Department. Such supplemental report may be
161161 21 used only for accident studies and statistical or analytical
162162 22 purposes under Section 11-412 or 11-414 of this Code.
163163 23 (c) The Department at its discretion may provide for
164164 24 in-depth investigations of accidents involving Department
165165 25 employees or other motor vehicle accidents by individuals or
166166 26 special investigation groups, including but not limited to
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177177 1 police officers, photographers, engineers, doctors, mechanics,
178178 2 and as a result of the investigation may require the
179179 3 submission of written reports, photographs, charts, sketches,
180180 4 graphs, or a combination of all. Such individual written
181181 5 reports, photographs, charts, sketches, or graphs may be used
182182 6 only for accident studies and statistical or analytical
183183 7 purposes under Section 11-412 or 11-414 of this Code.
184184 8 (d) On and after July 1, 1997, law enforcement officers
185185 9 who have reason to suspect that the motor vehicle accident was
186186 10 the result of a driver's loss of consciousness due to a medical
187187 11 condition, as defined by the Driver's License Medical Review
188188 12 Law of 1992, or the result of any medical condition that
189189 13 impaired the driver's ability to safely operate a motor
190190 14 vehicle shall notify the Secretary of this determination. The
191191 15 Secretary, in conjunction with the Driver's License Medical
192192 16 Advisory Board, shall determine by administrative rule the
193193 17 temporary conditions not required to be reported under the
194194 18 provisions of this Section. The Secretary shall, in
195195 19 conjunction with the Illinois State Police and representatives
196196 20 of local and county law enforcement agencies, promulgate any
197197 21 rules necessary and develop the procedures and documents that
198198 22 may be required to obtain written, electronic, or other agreed
199199 23 upon methods of notification to implement the provisions of
200200 24 this Section.
201201 25 (e) Law enforcement officers reporting under the
202202 26 provisions of subsection (d) of this Section shall enjoy the
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213213 1 same immunities granted members of the Driver's License
214214 2 Medical Advisory Board under Section 6-910 of this Code.
215215 3 (f) All information furnished to the Secretary under
216216 4 subsection (d) of this Section shall be deemed confidential
217217 5 and for the privileged use of the Secretary in accordance with
218218 6 the provisions of subsection (j) of Section 2-123 of this
219219 7 Code.
220220 8 (Source: P.A. 100-96, eff. 1-1-18.)
221221 9 (Text of Section after amendment by P.A. 102-982)
222222 10 Sec. 11-408. Police to report motor vehicle crash
223223 11 investigations.
224224 12 (a) Every law enforcement officer who investigates a motor
225225 13 vehicle crash, or employee of a law enforcement agency
226226 14 appointed with duties to complete the Illinois State Police
227227 15 crash reporting form, for which a report is required by this
228228 16 Article or who prepares a written report as a result of an
229229 17 investigation either at the time and scene of such motor
230230 18 vehicle crash or thereafter by interviewing participants or
231231 19 witnesses shall forward a written report of such motor vehicle
232232 20 crash to the Administrator on forms provided by the
233233 21 Administrator under Section 11-411 within 10 days after
234234 22 investigation of the motor vehicle crash, or within such other
235235 23 time as is prescribed by the Administrator. Such written
236236 24 reports and the information contained in those reports
237237 25 required to be forwarded by law enforcement officers shall not
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248248 1 be held confidential by the reporting law enforcement officer
249249 2 or agency. The Secretary of State may also disclose notations
250250 3 of crash involvement maintained on individual driving records.
251251 4 However, the Administrator or the Secretary of State may
252252 5 require a supplemental written report from the reporting law
253253 6 enforcement officer.
254254 7 (b) The Department at its discretion may require a
255255 8 supplemental written report from the reporting law enforcement
256256 9 officer on a form supplied by the Department to be submitted
257257 10 directly to the Department. Such supplemental report may be
258258 11 used only for crash studies and statistical or analytical
259259 12 purposes under Section 11-412 or 11-414 of this Code.
260260 13 (c) The Department at its discretion may provide for
261261 14 in-depth investigations of crashes involving Department
262262 15 employees or other motor vehicle crashes by individuals or
263263 16 special investigation groups, including but not limited to
264264 17 police officers, photographers, engineers, doctors, mechanics,
265265 18 and as a result of the investigation may require the
266266 19 submission of written reports, photographs, charts, sketches,
267267 20 graphs, or a combination of all. Such individual written
268268 21 reports, photographs, charts, sketches, or graphs may be used
269269 22 only for crash studies and statistical or analytical purposes
270270 23 under Section 11-412 or 11-414 of this Code.
271271 24 (d) On and after July 1, 1997, law enforcement officers
272272 25 who have reason to suspect that the motor vehicle crash was the
273273 26 result of a driver's loss of consciousness due to a medical
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284284 1 condition, as defined by the Driver's License Medical Review
285285 2 Law of 1992, or the result of any medical condition that
286286 3 impaired the driver's ability to safely operate a motor
287287 4 vehicle shall notify the Secretary of this determination. The
288288 5 Secretary, in conjunction with the Driver's License Medical
289289 6 Advisory Board, shall determine by administrative rule the
290290 7 temporary conditions not required to be reported under the
291291 8 provisions of this Section. The Secretary shall, in
292292 9 conjunction with the Illinois State Police and representatives
293293 10 of local and county law enforcement agencies, promulgate any
294294 11 rules necessary and develop the procedures and documents that
295295 12 may be required to obtain written, electronic, or other agreed
296296 13 upon methods of notification to implement the provisions of
297297 14 this Section.
298298 15 (e) Law enforcement officers reporting under the
299299 16 provisions of subsection (d) of this Section shall enjoy the
300300 17 same immunities granted members of the Driver's License
301301 18 Medical Advisory Board under Section 6-910 of this Code.
302302 19 (f) All information furnished to the Secretary under
303303 20 subsection (d) of this Section shall be deemed confidential
304304 21 and for the privileged use of the Secretary in accordance with
305305 22 the provisions of subsection (j) of Section 2-123 of this
306306 23 Code.
307307 24 (Source: P.A. 102-982, eff. 7-1-23.)
308308 25 Section 95. No acceleration or delay. Where this Act makes
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319319 1 changes in a statute that is represented in this Act by text
320320 2 that is not yet or no longer in effect (for example, a Section
321321 3 represented by multiple versions), the use of that text does
322322 4 not accelerate or delay the taking effect of (i) the changes
323323 5 made by this Act or (ii) provisions derived from any other
324324 6 Public Act.
325325 7 Section 99. Effective date. This Act takes effect on July
326326 8 1, 2023.
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