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SB 1930

VEH CD-CRASH-ELEC COMM DEV

104th Regular Session Introduced by Mary Edly-Allen and 1 co-sponsor

Requires drivers involved in injury/fatal crashes to allow access to electronic devices for law enforcement to prove device-use violations, triggering suspensions.

Added as Co-Sponsor Sen. Karina Villa
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Bill Summary · SB 1930

Summary — SB 1930 (Nancy's Law): VEH CD-CRASH-ELEC COMM DEV

Status: Enacted — Signed by Governor 2025-05-15; Effective 2025-09-01
Introduced: 2025-02-06 (Sen. Mary Edly-Allen). Co-sponsor added: Sen. Karina Villa. Companion: HB 4229.

Purpose / Intent

SB 1930 (titled Nancy’s Law) amends the Illinois Vehicle Code to require drivers involved in a personal-injury or fatal motor vehicle crash to provide law enforcement access to any electronic communication device that was in the vehicle and within the driver’s reach at the time of the crash. The access is for determining whether the driver unlawfully used the device (referenced violation: Section 12-610.2, the state prohibition on using electronic communication devices while driving).

Key provisions

  • Deemed consent: Any person who drove or was in actual control of a vehicle involved in a personal-injury or fatal crash is deemed to have consented to provide access to electronic communication devices in the vehicle that were within the person's reach at the time of the accident.
  • Incapacitated persons: Persons who are dead, unconscious, or otherwise incapable of refusal are deemed not to have withdrawn that consent.
  • Warning and written acknowledgment: Law enforcement must warn the person that refusal to provide access — or device data showing a violation of Section 12-610.2 — may lead to suspension of driving privileges. If the person holds a CDL, they must be warned that refusal or a showing of violation may result in disqualification from operating a commercial motor vehicle. The person must acknowledge receipt of the warning in writing (refusal to sign is noted but does not prove they were not warned).
  • Reporting to Secretary of State: If the person refuses access or the device data shows a violation, the officer must immediately submit a sworn report (on a prescribed form) to the Secretary of State certifying the request and refusal or violation.
  • Administrative suspension/disqualification: Upon receipt of the sworn report, the Secretary of State will enter a suspension (and disqualification for CDL holders) on the individual's driving record. The suspension/disqualification becomes effective on the 46th day after notice of suspension is given to the person.
  • Right to contest: A driver may contest the suspension/disqualification by requesting an administrative hearing with the Secretary of State.
  • Fatal crashes: In all fatal crash cases where the person refuses access or device data shows a violation, the Secretary of State must notify the local State’s Attorney of the refusal or violation.

Who is affected

  • Drivers involved in motor vehicle crashes resulting in personal injury or death.
  • Commercial Driver’s License (CDL) holders (face both license suspension and CDL disqualification).
  • Law enforcement agencies (obligation to warn, document, and submit sworn reports).
  • Secretary of State’s office (administrative processing of reports, suspensions, hearings).
  • Local State’s Attorneys in fatal-crash cases (notification requirement).

Timeline / Procedural notes

  • Immediate requirement for officers to warn and collect written acknowledgment at crash scene.
  • Sworn report triggers administrative action; suspensions/disqualifications become effective on the 46th day after notice is given.
  • Persons may request administrative hearings to contest actions before the Secretary of State.
  • Enacted: Governor signed 2025-05-15; law effective 2025-09-01.

Practical implications / considerations

  • Creates an administrative enforcement mechanism tied to electronic-device evidence after serious crashes, separate from criminal prosecution.
  • Raises privacy and evidentiary issues (access to personal devices), and potential legal challenges could arise over scope and method of accessing device data.
  • Increases administrative duties for law enforcement and the Secretary of State; may affect employers and CDL holders if disqualifications occur.

For the statutory reference, the bill specifically ties device data violations to Section 12-610.2 (the Illinois prohibition on use of electronic communication devices while driving).

Compiled from official sources — confirm details with the bill’s official record.

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