Illinois General Assembly - Full Text of Public Act 095-0884
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Public Act 095-0884


 

Public Act 0884 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0884
 
HB4203 Enrolled LRB095 15139 DRH 41103 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 11-907 as follows:
 
    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
    Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
    (a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal,
        (1) the driver of every other vehicle shall yield the
    right-of-way and shall immediately drive to a position
    parallel to, and as close as possible to, the right-hand
    edge or curb of the highway clear of any intersection and
    shall, if necessary to permit the safe passage of the
    emergency vehicle, stop and remain in such position until
    the authorized emergency vehicle has passed, unless
    otherwise directed by a police officer and
        (2) the operator of every streetcar shall immediately
    stop such car clear of any intersection and keep it in such
    position until the authorized emergency vehicle has
    passed, unless otherwise directed by a police officer.
    (b) This Section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
    (c) Upon approaching a stationary authorized emergency
vehicle, when the authorized emergency vehicle is giving a
signal by displaying alternately flashing red, red and white,
blue, or red and blue lights or amber or yellow warning lights,
a person who drives an approaching vehicle shall:
        (1) proceeding with due caution, yield the
    right-of-way by making a lane change into a lane not
    adjacent to that of the authorized emergency vehicle, if
    possible with due regard to safety and traffic conditions,
    if on a highway having at least 4 lanes with not less than
    2 lanes proceeding in the same direction as the approaching
    vehicle; or
        (2) proceeding with due caution, reduce the speed of
    the vehicle, maintaining a safe speed for road conditions,
    if changing lanes would be impossible or unsafe.
    As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties.
    (d) A person who violates subsection (c) of this Section
commits a business offense punishable by a fine of not less
than $100 or more than $10,000. It is a factor in aggravation
if the person committed the offense while in violation of
Section 11-501 of this Code. Imposition of the penalties
authorized by this subsection (d) for a violation of subsection
(c) of this Section that results in the death of another person
does not preclude imposition of appropriate additional civil or
criminal penalties.
    (e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
    (f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
    (g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall be
suspended for 2 years.
    (h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
        (1) suspend the person's driving privileges for the
    mandatory period; or
        (2) extend the period of an existing suspension by the
    appropriate mandatory period.
(Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03; 93-173,
eff. 7-11-03; 93-705, eff. 7-9-04.)
 
    Section 10. The Criminal Code of 1961 is amended by
changing Section 9-3 as follows:
 
    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)
    (Text of Section after amendment by P.A. 95-467, 95-551,
and 95-587)
    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
    (a) A person who unintentionally kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle or operating a snowmobile, all-terrain
vehicle, or watercraft, in which case the person commits
reckless homicide. A person commits reckless homicide if he or
she unintentionally kills an individual while driving a vehicle
and using an incline in a roadway, such as a railroad crossing,
bridge approach, or hill, to cause the vehicle to become
airborne.
    (b) (Blank).
    (c) (Blank).
    (d) Sentence.
        (1) Involuntary manslaughter is a Class 3 felony.
        (2) Reckless homicide is a Class 3 felony.
    (e) (Blank).
    (e-2) Except as provided in subsection (e-3), in cases
involving reckless homicide in which the offense is committed
upon a public thoroughfare where children pass going to and
from school when a school crossing guard is performing official
duties, the penalty is a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
    (e-3) In cases involving reckless homicide in which (i) the
offense is committed upon a public thoroughfare where children
pass going to and from school when a school crossing guard is
performing official duties and (ii) the defendant causes the
deaths of 2 or more persons as part of a single course of
conduct, the penalty is a Class 2 felony, for which a person,
if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 6 years and not more than 28 years.
    (e-5) (Blank).
    (e-7) Except as otherwise provided in subsection (e-8), in
cases involving reckless homicide in which the defendant: (1)
was driving in a construction or maintenance zone, as defined
in Section 11-605.1 of the Illinois Vehicle Code, or (2) was
operating a vehicle while failing or refusing to comply with
any lawful order or direction of any authorized police officer
or traffic control aide engaged in traffic control, the penalty
is a Class 2 felony, for which a person, if sentenced to a term
of imprisonment, shall be sentenced to a term of not less than
3 years and not more than 14 years.
    (e-8) In cases involving reckless homicide in which the
defendant caused the deaths of 2 or more persons as part of a
single course of conduct and: (1) was driving in a construction
or maintenance zone, as defined in Section 11-605.1 of the
Illinois Vehicle Code, or (2) was operating a vehicle while
failing or refusing to comply with any lawful order or
direction of any authorized police officer or traffic control
aide engaged in traffic control, the penalty is a Class 2
felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 6
years and not more than 28 years.
    (e-9) In cases involving reckless homicide in which the
defendant drove a vehicle and used an incline in a roadway,
such as a railroad crossing, bridge approach, or hill, to cause
the vehicle to become airborne, and caused the deaths of 2 or
more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
    (e-10) In cases involving involuntary manslaughter or
reckless homicide resulting in the death of a peace officer
killed in the performance of his or her duties as a peace
officer, the penalty is a Class 2 felony.
    (e-11) (e-10) In cases involving reckless homicide in which
the defendant unintentionally kills an individual while
driving in a posted school zone, as defined in Section 11-605
of the Illinois Vehicle Code, while children are present or in
a construction or maintenance zone, as defined in Section
11-605.1 of the Illinois Vehicle Code, when construction or
maintenance workers are present the trier of fact may infer
that the defendant's actions were performed recklessly where he
or she was also either driving at a speed of more than 20 miles
per hour in excess of the posted speed limit or violating
Section 11-501 of the Illinois Vehicle Code.
    (e-12) In cases involving reckless homicide in which the
defendant unintentionally kills an individual, the trier of
fact may infer that the defendant's actions were performed
recklessly where he or she was also violating subsection (c) of
Section 11-907 of the Illinois Vehicle Code. The penalty for a
reckless homicide in which the driver also violated subsection
(c) of Section 11-907 of the Illinois Vehicle Code is a Class 2
felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
    (f) In cases involving involuntary manslaughter in which
the victim was a family or household member as defined in
paragraph (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more than
14 years.
(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587,
eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)

Effective Date: 1/1/2009