Illinois General Assembly - Full Text of HB3656
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Full Text of HB3656  102nd General Assembly




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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-907 and by adding Section 11-907.2 as
7    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
8    Sec. 11-907. Operation of vehicles and streetcars on
9approach of authorized emergency vehicles.
10    (a) Upon the immediate approach of an authorized emergency
11vehicle making use of audible and visual signals meeting the
12requirements of this Code or a police vehicle properly and
13lawfully making use of an audible or visual signal:
14        (1) the driver of every other vehicle shall yield the
15    right-of-way and shall immediately drive to a position
16    parallel to, and as close as possible to, the right-hand
17    edge or curb of the highway clear of any intersection and
18    shall, if necessary to permit the safe passage of the
19    emergency vehicle, stop and remain in such position until
20    the authorized emergency vehicle has passed, unless
21    otherwise directed by a police officer; and
22        (2) the operator of every streetcar shall immediately
23    stop such car clear of any intersection and keep it in such



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1    position until the authorized emergency vehicle has
2    passed, unless otherwise directed by a police officer.
3    (b) This Section shall not operate to relieve the driver
4of an authorized emergency vehicle from the duty to drive with
5due regard for the safety of all persons using the highway.
6    (c) Upon approaching a stationary authorized emergency
7vehicle, when the authorized emergency vehicle is giving a
8signal by displaying alternately flashing red, red and white,
9blue, or red and blue lights or amber or yellow warning lights,
10a person who drives an approaching vehicle shall:
11        (1) proceeding with due caution, yield the
12    right-of-way by making a lane change into a lane not
13    adjacent to that of the authorized emergency vehicle, if
14    possible with due regard to safety and traffic conditions,
15    if on a highway having at least 4 lanes with not less than
16    2 lanes proceeding in the same direction as the
17    approaching vehicle; or
18        (2) if changing lanes would be impossible or unsafe,
19    proceeding with due caution, reduce the speed of the
20    vehicle, maintaining a safe speed for road conditions and
21    leaving a safe distance until safely past the stationary
22    emergency vehicles.
23    The visual signal specified under this subsection (c)
24given by an authorized emergency vehicle is an indication to
25drivers of approaching vehicles that a hazardous condition is
26present when circumstances are not immediately clear. Drivers



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1of vehicles approaching a stationary emergency vehicle in any
2lane shall heed the warning of the signal, reduce the speed of
3the vehicle, proceed with due caution, maintain a safe speed
4for road conditions, be prepared to stop, and leave a safe
5distance until safely passed the stationary emergency vehicle.
6    As used in this subsection (c), "authorized emergency
7vehicle" includes any vehicle authorized by law to be equipped
8with oscillating, rotating, or flashing lights under Section
912-215 of this Code, while the owner or operator of the vehicle
10is engaged in his or her official duties.
11    (d) A person who violates subsection (c) of this Section
12commits a business offense punishable by a fine of not less
13than $250 or more than $10,000 for a first violation, and a
14fine of not less than $750 or more than $10,000 for a second or
15subsequent violation. It is a factor in aggravation if the
16person committed the offense while in violation of Section
1711-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
18penalties authorized by this subsection (d) for a violation of
19subsection (c) of this Section that results in the death of
20another person does not preclude imposition of appropriate
21additional civil or criminal penalties. A person who violates
22subsection (c) and the violation results in damage to another
23vehicle commits a Class A misdemeanor. A person who violates
24subsection (c) and the violation results in the injury or
25death of another person commits a Class 4 felony.
26    (e) If a violation of subsection (c) of this Section



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1results in damage to the property of another person, in
2addition to any other penalty imposed, the person's driving
3privileges shall be suspended for a fixed period of not less
4than 90 days and not more than one year.
5    (f) If a violation of subsection (c) of this Section
6results in injury to another person, in addition to any other
7penalty imposed, the person's driving privileges shall be
8suspended for a fixed period of not less than 180 days and not
9more than 2 years.
10    (g) If a violation of subsection (c) of this Section
11results in the death of another person, in addition to any
12other penalty imposed, the person's driving privileges shall
13be suspended for 2 years.
14    (h) The Secretary of State shall, upon receiving a record
15of a judgment entered against a person under subsection (c) of
16this Section:
17        (1) suspend the person's driving privileges for the
18    mandatory period; or
19        (2) extend the period of an existing suspension by the
20    appropriate mandatory period.
21    (i) The Scott's Law Fund shall be a special fund in the
22State treasury. Subject to appropriation by the General
23Assembly and approval by the Director, the Director of the
24State Police shall use all moneys in the Scott's Law Fund in
25the Department's discretion to fund the production of
26materials to educate drivers on approaching stationary



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1authorized emergency vehicles, to hire off-duty Department of
2State Police for enforcement of this Section, and for other
3law enforcement purposes the Director deems necessary in these
5    (j) For violations of this Section issued by a county or
6municipal police officer, the assessment shall be deposited
7into the county's or municipality's Transportation Safety
8Highway Hire-back Fund. The county shall use the moneys in its
9Transportation Safety Highway Hire-back Fund to hire off-duty
10county police officers to monitor construction or maintenance
11zones in that county on highways other than interstate
12highways. The county, in its discretion, may also use a
13portion of the moneys in its Transportation Safety Highway
14Hire-back Fund to purchase equipment for county law
15enforcement and fund the production of materials to educate
16drivers on construction zone safe driving habits and
17approaching stationary authorized emergency vehicles.
18(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)
19    (625 ILCS 5/11-907.2 new)
20    Sec. 11-907.2. Move Over Early Warning Task Force.
21    (a) The Move Over Early Warning Task Force is created to
22study the issue of violations of Sections 11-907, 11-907.5,
23and 11-908 with attention to the causes of violations and ways
24to protect law enforcement and emergency responders.
25    (b) The Move Over Early Warning Task Force shall study new



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1technologies and early warning systems in cellular phones and
2vehicles that alert the public to the presence of first
3responders and road safety hazards.
4    (c) The membership of the Task Force shall consist of the
5following members:
6        (1) the Director of State Police or his or her
7    designee, who shall serve as chair;
8        (2) the Secretary of State or his or her designee;
9        (3) the Secretary of Transportation or his or her
10    designee;
11        (4) the Illinois Commerce Commission Chair or his or
12    her designee;
13        (5) the Statewide 911 Administrator;
14        (6) the Director of the Illinois Toll Highway
15    Authority or his or her designee;
16        (7) the President of the Illinois Association of
17    Chiefs of Police or his or her designee;
18        (8) the President of the Illinois Sheriffs'
19    Association or his or her designee;
20        (9) the President of the Associated Fire Fighters of
21    Illinois or his or her designee;
22        (10) the following persons appointed by the Governor:
23            (A) one representative of a statewide trucking
24        association;
25            (B) one representative of a Chicago area motor
26        club;



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1            (C) one incumbent local exchange carrier; and
2            (D) two representatives from a large wireless
3        carrier.
4    (d) The members of the Task Force shall serve without
5compensation and may meet remotely via telephone or live video
6conference platforms.
7    (e) The Task Force shall meet and present its report and
8recommendations, including legislative recommendations, if
9any, on how to better enforce the provisions described in
10subsection (a) and use 21st-century driver communication
11technology to prevent fatalities and injuries on Illinois
12roadways, to the General Assembly no later than January 1,
14    (f) The Illinois State Police shall provide administrative
15support to the Task Force as needed.
16    (g) This Section is repealed on January 1, 2024.