HB5370 EngrossedLRB103 39481 RPS 69676 b HB5370 Engrossed LRB103 39481 RPS 69676 b
HB5370 Engrossed LRB103 39481 RPS 69676 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 11-907 and 11-908 as follows:
6 (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
7 Sec. 11-907. Operation of vehicles and streetcars on
8 approach of authorized emergency vehicles.
9 (a) Upon the immediate approach of an authorized emergency
10 vehicle making use of audible and visual signals meeting the
11 requirements of this Code or a police vehicle properly and
12 lawfully making use of an audible or visual signal:
13 (1) the driver of every other vehicle shall yield the
14 right-of-way and shall immediately drive to a position
15 parallel to, and as close as possible to, the right-hand
16 edge or curb of the highway clear of any intersection and
17 shall, if necessary to permit the safe passage of the
18 emergency vehicle, stop and remain in such position until
19 the authorized emergency vehicle has passed, unless
20 otherwise directed by a police officer; and
21 (2) the operator of every streetcar shall immediately
22 stop such car clear of any intersection and keep it in such
23 position until the authorized emergency vehicle has
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1 passed, unless otherwise directed by a police officer.
2 (b) This Section shall not operate to relieve the driver
3 of an authorized emergency vehicle from the duty to drive with
4 due regard for the safety of all persons using the highway.
5 (c) Upon approaching a stationary authorized emergency
6 vehicle or emergency scene, when the stationary authorized
7 emergency vehicle is giving a signal by displaying alternately
8 flashing red, red and white, blue, or red and blue lights or
9 amber or yellow warning lights, a person who drives an
10 approaching vehicle shall:
11 (1) proceeding with due caution, yield the
12 right-of-way by making a lane change into a lane not
13 adjacent to that of the authorized emergency vehicle, if
14 possible with due regard to safety and traffic conditions,
15 if on a highway having at least 4 lanes with not less than
16 2 lanes proceeding in the same direction as the
17 approaching vehicle and reduce the speed of the vehicle to
18 a speed that is reasonable and proper with regard to
19 traffic conditions and the use of the highway to avoid a
20 collision and leaving a safe distance until safely past
21 the stationary emergency vehicle; or
22 (2) if changing lanes would be impossible or unsafe,
23 proceeding with due caution, reduce the speed of the
24 vehicle to a speed that is reasonable and proper with
25 regard to traffic conditions and the use of the highway to
26 avoid a collision, maintaining a safe speed for road
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1 conditions and leaving a safe distance until safely past
2 the stationary emergency vehicles.
3 The visual signal specified under this subsection (c)
4 given by a stationary an authorized emergency vehicle is an
5 indication to drivers of approaching vehicles that a hazardous
6 condition is present when circumstances are not immediately
7 clear. Drivers of vehicles approaching a stationary authorized
8 emergency vehicle in any lane shall heed the warning of the
9 signal, reduce the speed of the vehicle, proceed with due
10 caution, maintain a safe speed for road conditions, be
11 prepared to stop, and leave a safe distance until safely
12 passed the stationary emergency vehicle.
13 As used in this subsection (c), "authorized emergency
14 vehicle" includes any vehicle authorized by law to be equipped
15 with oscillating, rotating, or flashing lights under Section
16 12-215 of this Code, while the owner or operator of the vehicle
17 is engaged in his or her official duties. As used in this
18 subsection (c), "emergency scene" means a location where a
19 stationary authorized emergency vehicle as defined by herein
20 is present and has activated its oscillating, rotating, or
21 flashing lights.
22 (d) A person who violates subsection (c) of this Section
23 commits a business offense punishable by a fine of not less
24 than $250 or more than $10,000 for a first violation, and a
25 fine of not less than $750 or more than $10,000 for a second or
26 subsequent violation. It is a factor in aggravation if the
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1 person committed the offense while in violation of Section
2 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
3 penalties authorized by this subsection (d) for a violation of
4 subsection (c) of this Section that results in the death of
5 another person does not preclude imposition of appropriate
6 additional civil or criminal penalties. A person who violates
7 subsection (c) and the violation results in damage to another
8 vehicle commits a Class A misdemeanor. A person who violates
9 subsection (c) and the violation results in the injury or
10 death of another person commits a Class 4 felony.
11 (e) If a violation of subsection (c) of this Section
12 results in damage to the property of another person, in
13 addition to any other penalty imposed, the person's driving
14 privileges shall be suspended for a fixed period of not less
15 than 90 days and not more than one year.
16 (f) If a violation of subsection (c) of this Section
17 results in injury to another person, in addition to any other
18 penalty imposed, the person's driving privileges shall be
19 suspended for a fixed period of not less than 180 days and not
20 more than 2 years.
21 (g) If a violation of subsection (c) of this Section
22 results in the death of another person, in addition to any
23 other penalty imposed, the person's driving privileges shall
24 be suspended for 2 years.
25 (h) The Secretary of State shall, upon receiving a record
26 of a judgment entered against a person under subsection (c) of
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1 this Section:
2 (1) suspend the person's driving privileges for the
3 mandatory period; or
4 (2) extend the period of an existing suspension by the
5 appropriate mandatory period.
6 (i) The Scott's Law Fund shall be a special fund in the
7 State treasury. Subject to appropriation by the General
8 Assembly and approval by the Director, the Director of the
9 State Police shall use all moneys in the Scott's Law Fund in
10 the Department's discretion to fund the production of
11 materials to educate drivers on approaching stationary
12 authorized emergency vehicles, to hire off-duty Department of
13 State Police for enforcement of this Section, and for other
14 law enforcement purposes the Director deems necessary in these
15 efforts.
16 (j) For violations of this Section issued by a county or
17 municipal police officer, the assessment shall be deposited
18 into the county's or municipality's Transportation Safety
19 Highway Hire-back Fund. The county shall use the moneys in its
20 Transportation Safety Highway Hire-back Fund to hire off-duty
21 county police officers to monitor construction or maintenance
22 zones in that county on highways other than interstate
23 highways. The county, in its discretion, may also use a
24 portion of the moneys in its Transportation Safety Highway
25 Hire-back Fund to purchase equipment for county law
26 enforcement and fund the production of materials to educate
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1 drivers on construction zone safe driving habits and
2 approaching stationary authorized emergency vehicles.
3 (k) In addition to other penalties imposed by this
4 Section, the court may order a person convicted of a violation
5 of subsection (c) to perform community service as determined
6 by the court.
7 (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
8 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
9 (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
10 Sec. 11-908. Vehicle approaching or entering a highway
11 construction or maintenance area or zone.
12 (a) The driver of a vehicle shall yield the right-of-way
13 to any authorized vehicle or pedestrian actually engaged in
14 work upon a highway within any highway construction or
15 maintenance area indicated by official traffic-control
16 devices.
17 (a-1) Upon entering a construction or maintenance zone
18 when workers are present, a person who drives a vehicle shall:
19 (1) proceeding with due caution, yield the
20 right-of-way by making make a lane change into a lane not
21 adjacent to that of the workers present, if possible with
22 due regard to safety and traffic conditions, if on a
23 highway having at least 4 lanes with not less than 2 lanes
24 proceeding in the same direction as the approaching
25 vehicle, and reduce the speed of the vehicle to a speed
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1 that is reasonable and proper with regard to traffic
2 conditions and the use of the highway to avoid a collision
3 and leaving a safe distance until safely past the
4 construction or maintenance zone; or
5 (2) proceeding with due caution, reduce the speed of
6 the vehicle to a speed that is reasonable and proper with
7 regard to traffic conditions and the use of the highway to
8 avoid a collision until safely past the construction or
9 maintenance zone, maintaining a safe speed for road
10 conditions, if changing lanes would be impossible or
11 unsafe.
12 (a-2) A person who violates subsection (a-1) of this
13 Section commits a business offense punishable by a fine of not
14 less than $100 and not more than $25,000. It is a factor in
15 aggravation if the person committed the offense while in
16 violation of Section 11-501 of this Code.
17 (a-3) If a violation of subsection (a-1) of this Section
18 results in damage to the property of another person, in
19 addition to any other penalty imposed, the person's driving
20 privileges shall be suspended for a fixed period of not less
21 than 90 days and not more than one year.
22 (a-4) If a violation of subsection (a-1) of this Section
23 results in injury to another person, in addition to any other
24 penalty imposed, the person's driving privileges shall be
25 suspended for a fixed period of not less than 180 days and not
26 more than 2 years.
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