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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4203
Introduced , by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED:
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625 ILCS 5/11-907 |
from Ch. 95 1/2, par. 11-907 |
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Amends the Illinois Vehicle Code. Provides that a person is guilty of a Class C misdemeanor if he or she causes the death of another person by failing to follow the required procedures when approaching a stationary authorized emergency vehicle that is giving a warning signal. Provides that imposition of the penalties authorized by the provision does not preclude the imposition of appropriate additional civil or criminal penalties.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4203 |
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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 |
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| 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 |
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| approach of authorized
emergency
vehicles.
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| (a) Upon the immediate approach of an authorized emergency |
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| vehicle
making use of audible and visual signals meeting the |
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| requirements of this
Code or a police vehicle properly and |
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| lawfully making use of an audible
or visual signal,
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| (1) the driver of every other vehicle
shall yield the |
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| 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 |
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| edge or curb of
the highway clear of any intersection and |
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| shall, if necessary to permit
the safe passage of the |
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| emergency vehicle, stop and remain
in such position until |
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| 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 |
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| stop such
car clear of any intersection and keep it in such |
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| position until the
authorized emergency vehicle has |
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HB4203 |
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LRB095 15139 DRH 41103 b |
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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 |
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| an
authorized emergency vehicle from the duty to drive with due |
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| regard for the
safety of all persons using the highway.
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| (c) Upon approaching a stationary authorized emergency |
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| vehicle, when the
authorized emergency vehicle is giving a |
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| signal by displaying alternately
flashing
red, red and white, |
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| blue, or red and blue lights or amber or yellow warning
lights, |
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| a
person who drives an approaching vehicle shall:
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| (1) proceeding with due caution, yield the |
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| right-of-way by making a
lane change into a lane not |
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| adjacent to that of the authorized
emergency vehicle, if |
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| possible with due regard to safety and traffic
conditions, |
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| if on a highway having at least 4 lanes with not less
than |
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| 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 |
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| the vehicle,
maintaining a safe speed for road conditions, |
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| if changing lanes
would be impossible or unsafe.
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| As used in this subsection (c), "authorized emergency |
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| vehicle"
includes any vehicle authorized by law to be equipped |
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| with oscillating,
rotating, or flashing lights under Section |
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| 12-215 of this Code, while the owner
or operator of the vehicle |
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| is engaged in his or her official duties.
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| (d) Except as provided in subsection (g), a A person who |
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| violates subsection (c) of this Section commits a business
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HB4203 |
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LRB095 15139 DRH 41103 b |
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| offense punishable by a fine of not less than $100 or more than |
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| $10,000. It is a factor in
aggravation if the person committed |
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| the offense while in violation of Section
11-501 of this Code.
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| (e) If a violation of subsection (c) of this Section |
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| results in damage to
the
property of another person, in |
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| addition to any other penalty imposed,
the person's driving |
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| privileges shall be suspended for a fixed
period of not less |
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| than 90 days and not more than one year.
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| (f) If a violation of subsection (c) of this Section |
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| results in injury to
another
person, in addition to any other |
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| penalty imposed,
the person's driving privileges shall be |
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| suspended for a fixed period of not
less
than 180
days and not |
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| more than 2 years.
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| (g) If a violation of subsection (c) of this Section |
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| results in the death of
another person, the person is guilty of |
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| a Class C misdemeanor and, in addition to any other penalty |
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| imposed,
the person's driving privileges shall be suspended for |
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| 2 years. Imposition of the penalties authorized by this |
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| subsection (g) does not preclude imposition of appropriate |
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| additional civil or criminal penalties.
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| (h) The Secretary of State shall, upon receiving a record |
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| of a judgment
entered against a person under subsection (c) of |
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| this Section:
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| (1) suspend the person's driving privileges for the |
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| mandatory period; or
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| (2) extend the period of an existing suspension by the |