Rep. Tim Butler

Filed: 3/25/2019

 

 


 

 


 
10100HB2417ham002LRB101 10082 TAE 58513 a

1
AMENDMENT TO HOUSE BILL 2417

2    AMENDMENT NO. ______. Amend House Bill 2417 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) if changing lanes would be impossible or unsafe,
25    proceeding with due caution, reduce the speed of the
26    vehicle to at least 20 miles per hour under the posted

 

 

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1    speed limit, maintaining a safe speed for road conditions
2    to avoid colliding with any person or vehicle , if changing
3    lanes would be impossible or unsafe.
4    If a driver is involved in a crash with an authorized
5emergency vehicle or person, the crash shall be deemed prima
6facie evidence of the driver's failure to obey this Section.
7    As used in this subsection (c), "authorized emergency
8vehicle" includes any vehicle authorized by law to be equipped
9with oscillating, rotating, or flashing lights under Section
1012-215 of this Code, while the owner or operator of the vehicle
11is engaged in his or her official duties.
12    (d) A person who violates subsection (c) of this Section
13commits a petty business offense punishable by a fine of not
14less than $100 or more than $75 $10,000. A person who violates
15subsection (c) and the violation results in damage to the
16property of another person commits a business offense
17punishable by a fine of not less than $100 and not more than
18$10,000. A person who violates subsection (c) and the violation
19results in the injury or death of another person commits a
20Class A misdemeanor. It is a factor in aggravation if the
21person committed the offense while in violation of Section
2211-501 of this Code. Imposition of the penalties authorized by
23this subsection (d) for a violation of subsection (c) of this
24Section that results in the death of another person does not
25preclude imposition of appropriate additional civil or
26criminal penalties.

 

 

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1    (e) If a violation of subsection (c) of this Section
2results in damage to the property of another person, in
3addition to any other penalty imposed, the person's driving
4privileges shall be suspended for a fixed period of not less
5than 90 days and not more than one year.
6    (f) If a violation of subsection (c) of this Section
7results in injury to another person, in addition to any other
8penalty imposed, the person's driving privileges shall be
9suspended for a fixed period of not less than 180 days and not
10more than 2 years.
11    (g) If a violation of subsection (c) of this Section
12results in the death of another person, in addition to any
13other penalty imposed, the person's driving privileges shall be
14suspended for 2 years.
15    (h) The Secretary of State shall, upon receiving a record
16of a judgment entered against a person under subsection (c) of
17this Section:
18        (1) suspend the person's driving privileges for the
19    mandatory period; or
20        (2) extend the period of an existing suspension by the
21    appropriate mandatory period.
22(Source: P.A. 100-201, eff. 8-18-17.)".