Illinois General Assembly - Full Text of HB3205

LRB104 10036 LNS 20107 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3205

Introduced 2/18/2025, by Rep. Jason R. Bunting

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-908

from Ch. 95 1/2, par. 11-908

Amends the Illinois Vehicle Code. Requires the driver of a vehicle to yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any agricultural work zone. Sets the penalties as follows: failing to yield is a business offense punishable by a fine of not less than $100 and not more than $25,000; failing to yield that results in damage to property, in addition to the business offense penalty and any other imposed penalty, shall have the person's driving privileges suspended for not less than 90 days and not more than one year; failing to yield that results in injury to another person, in addition to the business offense penalty and any other imposed penalty, shall have the person's driving privileges suspended for not less than 180 days and not more than 2 years; and for failing to yield that results in the death of another person, in addition to the business offense penalty and any other imposed penalty, shall have the person's driving privileges suspended for 2 years.

A BILL FOR

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 11-908 as follows:

(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)

Sec. 11-908. Vehicle approaching or entering a highway construction or maintenance area or zone or agricultural work zone.

(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area or agricultural work zone indicated by official traffic-control devices.

(a-1) Upon entering a construction, or maintenance, or agricultural work zone when workers are present, a person who drives a 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 workers present, 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, and reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision and leaving a safe distance until safely past the construction, or maintenance, or agricultural work zone; or

(2) proceeding with due caution, reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision until safely past the construction, or maintenance, or agricultural work zone, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

(a-2) A person who violates subsection (a-1) of this Section commits a business offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501 of this Code.

(a-3) If a violation of subsection (a-1) 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.

(a-4) If a violation of subsection (a-1) 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.

(a-5) If a violation of subsection (a-1) 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.

(a-6) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (a-1) 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.

(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever the vehicle engaged in construction, or maintenance, or agricultural work displays flashing lights as provided in Section 12-215 of this Act.

(c) The driver of a vehicle shall stop if signaled to do so by a flagger or a traffic control signal and remain in such position until signaled to proceed. If a driver of a vehicle fails to stop when signaled to do so by a flagger, the flagger is authorized to report such offense to the State's Attorney or authorized prosecutor. The penalties imposed for a violation of this subsection (c) shall be in addition to any penalties imposed for a violation of subsection (a-1).

(Source: P.A. 103-711, eff. 1-1-25.)