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Public Act 095-0884
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| HB4203 Enrolled |
LRB095 15139 DRH 41103 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-907 as follows:
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(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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Sec. 11-907. Operation of vehicles and streetcars on |
approach of authorized
emergency
vehicles.
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(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,
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(1) the driver of every other vehicle
shall yield the |
right-of-way and shall immediately drive to a position
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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
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otherwise directed by a police officer and
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(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 |
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passed, unless otherwise
directed by
a police officer.
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(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.
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(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:
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(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
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vehicle; or
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(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.
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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.
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(d) A person who violates subsection (c) of this Section |
commits a business
offense punishable by a fine of not less |
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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.
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(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.
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(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.
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(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.
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(h) The Secretary of State shall, upon receiving a record |
of a judgment
entered against a person under subsection (c) of |
this Section:
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(1) suspend the person's driving privileges for the |
mandatory period; or
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(2) extend the period of an existing suspension by the |
appropriate
mandatory period.
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(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.)
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Section 10. The Criminal Code of 1961 is amended by |
changing Section 9-3 as follows:
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(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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(Text of Section after amendment by P.A. 95-467, 95-551, |
and 95-587) |
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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(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.
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(b) (Blank).
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(c) (Blank).
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(d) Sentence.
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(1) Involuntary manslaughter is a Class 3 felony.
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(2) Reckless homicide is a Class 3 felony.
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(e) (Blank).
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(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.
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(e-5) (Blank).
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(e-7) Except as otherwise provided in subsection (e-8), in |
cases involving
reckless homicide in which the defendant: (1)
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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 |
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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.
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(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.
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(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.
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(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.
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(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.
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(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 |