Rep. John M. Cabello

Filed: 4/1/2019

 

 


 

 


 
10100HB1875ham001LRB101 05764 TAE 58937 a

1
AMENDMENT TO HOUSE BILL 1875

2    AMENDMENT NO. ______. Amend House Bill 1875 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-907 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
8approach of authorized emergency vehicles.
9    (a) Upon the immediate approach of an authorized emergency
10vehicle making use of audible and visual signals meeting the
11requirements of this Code or a police vehicle properly and
12lawfully 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

 

 

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1    shall, if necessary to permit the safe passage of the
2    emergency vehicle, stop and remain in such position until
3    the authorized emergency vehicle has passed, unless
4    otherwise directed by a police officer; and
5        (2) the operator of every streetcar shall immediately
6    stop such car clear of any intersection and keep it in such
7    position until the authorized emergency vehicle has
8    passed, unless otherwise directed by a police officer.
9    (b) This Section shall not operate to relieve the driver of
10an authorized emergency vehicle from the duty to drive with due
11regard for the safety of all persons using the highway.
12    (c) Upon approaching a stationary authorized emergency
13vehicle, when the authorized emergency vehicle is giving a
14signal by displaying alternately flashing red, red and white,
15blue, or red and blue lights or amber or yellow warning lights,
16a person who drives an approaching vehicle shall:
17        (1) proceeding with due caution, yield the
18    right-of-way by making a lane change into a lane not
19    adjacent to that of the authorized emergency vehicle, if
20    possible with due regard to safety and traffic conditions,
21    if on a highway having at least 4 lanes with not less than
22    2 lanes proceeding in the same direction as the approaching
23    vehicle; or
24        (2) proceeding with due caution, reduce the speed of
25    the vehicle, maintaining a safe speed for road conditions,
26    if changing lanes would be impossible or unsafe.

 

 

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1    As used in this subsection (c), "authorized emergency
2vehicle" includes any vehicle authorized by law to be equipped
3with oscillating, rotating, or flashing lights under Section
412-215 of this Code, while the owner or operator of the vehicle
5is engaged in his or her official duties.
6    (d) A person who violates subsection (c) of this Section
7commits a Class 4 felony business offense punishable by a fine
8of not less than $100 or more than $10,000. It is a factor in
9aggravation if the person committed the offense while in
10violation of Section 11-501 of this Code. Imposition of the
11penalties authorized by this subsection (d) for a violation of
12subsection (c) of this Section that results in the death of
13another person does not preclude imposition of appropriate
14additional civil or criminal penalties.
15    (e) If a violation of subsection (c) of this Section
16results in damage to the property of another person, in
17addition to any other penalty imposed, the person's driving
18privileges shall be suspended for a fixed period of not less
19than 90 days and not more than one year.
20    (f) If a violation of subsection (c) of this Section
21results in injury to another person, the person commits a Class
223 felony. In in addition to any other penalty imposed, the
23person's driving privileges shall be suspended for a fixed
24period of 5 not less than 180 days and not more than 2 years.
25    (g) If a violation of subsection (c) of this Section
26results in the death of another person, the person commits a

 

 

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1Class 2 felony. In in addition to any other penalty imposed,
2the person's driving privileges shall be permanently revoked
3suspended for 2 years.
4    (h) The Secretary of State shall, upon receiving a record
5of a judgment entered against a person under subsection (c) of
6this Section:
7        (1) suspend the person's driving privileges for the
8    mandatory period; or
9        (2) extend the period of an existing suspension by the
10    appropriate mandatory period.
11(Source: P.A. 100-201, eff. 8-18-17.)".