HB 5189

Abstract

Amends the Illinois Vehicle Code. Provides that all reports involving railroad fatalities and all communications between police officers and train crew members involved in those occurrences shall not be public reports and shall be maintained by the police departments in a manner that ensures their confidentiality. Provides that these reports shall be accessible at all reasonable times upon written request to the host railroad, to the employing railroad, by court order, and to others specifically authorized by court order to obtain the information if the access is necessary in the performance of their duties. Provides that all such reports shall be accessible at all reasonable times, upon written or electronic mail request, to law enforcement officers, State's Attorneys, or Assistant State's Attorneys. Provides that communications between police officers and railroad employees of the incidents may be shared with these persons if the access is necessary in the performance of their duties. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Directs persons in possession of train fatality reports to maintain those reports and to do so in a manner that preserves the confidentiality of the train crew's private information. Specifies that any reports made public shall have train crew members' private information redacted. Provides for the train fatality reports also to be available to Illinois Commerce Commission staff. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that personally identifying information of train crew members contained in reports involving railroad fatalities and contained in communications between police officers and train crew members involved in those occurrences shall be redacted from any public reports and shall be maintained by the police departments and any persons in subsequent possession thereof listed below in a manner that ensures the confidentiality of the train crew's personally identifying information. Provides that unredacted copies of such reports and communications containing personally identifying information shall be accessible at all reasonable times to the host or employing railroad, by court order, and to law enforcement officers, State's Attorneys, Assistant State's Attorneys, and Illinois Commerce Commission Staff.