Illinois General Assembly - Full Text of HB1873
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Full Text of HB1873  101st General Assembly


Rep. Darren Bailey

Filed: 4/8/2019





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2    AMENDMENT NO. ______. Amend House Bill 1873 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-1414 as follows:
6    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
7    Sec. 11-1414. Approaching, overtaking, and passing school
9    (a) The driver of a vehicle shall stop such vehicle before
10meeting or overtaking, from either direction, any school bus
11stopped on a highway, roadway, private road, parking lot,
12school property, or at any other location, including, without
13limitation, a location that is not a highway or roadway for the
14purpose of receiving or discharging pupils. Such stop is
15required before reaching the school bus when there is in
16operation on the school bus the visual signals as specified in



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1Sections 12-803 and 12-805 of this Code. The driver of the
2vehicle shall not proceed until the school bus resumes motion
3or the driver of the vehicle is signaled by the school bus
4driver to proceed or the visual signals are no longer actuated.
5    (b) The stop signal arm required by Section 12-803 of this
6Code shall be extended after the school bus has come to a
7complete stop for the purpose of loading or discharging pupils
8and shall be closed before the school bus is placed in motion
9again. The stop signal arm shall not be extended at any other
11    (c) The alternately flashing red signal lamps of an 8-lamp
12flashing signal system required by Section 12-805 of this Code
13shall be actuated after the school bus has come to a complete
14stop for the purpose of loading or discharging pupils and shall
15be turned off before the school bus is placed in motion again.
16The red signal lamps shall not be actuated at any other time
17except as provided in paragraph (d) of this Section.
18    (d) The alternately flashing amber signal lamps of an
198-lamp flashing signal system required by Section 12-805 of
20this Code shall be actuated continuously during not less than
21the last 100 feet traveled by the school bus before stopping
22for the purpose of loading or discharging pupils within an
23urban area and during not less than the last 200 feet traveled
24by the school bus outside an urban area. The amber signal lamps
25shall remain actuated until the school bus is stopped. The
26amber signal lamps shall not be actuated at any other time.



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1    (d-5) The alternately flashing head lamps permitted by
2Section 12-805 of this Code may be operated while the
3alternately flashing red or amber signal lamps required by that
4Section are actuated.
5    (e) The driver of a vehicle upon a highway having 4 or more
6lanes which permits at least 2 lanes of traffic to travel in
7opposite directions need not stop such vehicle upon meeting a
8school bus which is stopped in the opposing roadway; and need
9not stop such vehicle when driving upon a controlled access
10highway when passing a school bus traveling in either direction
11that is stopped in a loading zone adjacent to the surfaced or
12improved part of the controlled access highway where
13pedestrians are not permitted to cross.
14    (f) Beginning with the effective date of this amendatory
15Act of 1985, the Secretary of State shall suspend for a period
16of 3 months the driving privileges of any person convicted of a
17violation of subsection (a) of this Section or a similar
18provision of a local ordinance; the Secretary shall suspend for
19a period of one year the driving privileges of any person
20convicted of a second or subsequent violation of subsection (a)
21of this Section or a similar provision of a local ordinance if
22the second or subsequent violation occurs within 5 years of a
23prior conviction for the same offense. In addition to the
24suspensions authorized by this Section, any person convicted of
25violating this Section or a similar provision of a local
26ordinance shall be subject to a mandatory fine of $300 $150 or,



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1upon a second or subsequent violation, $1,000 $500. The
2Secretary may also grant, for the duration of any suspension
3issued under this subsection, a restricted driving permit
4granting the privilege of driving a motor vehicle between the
5driver's residence and place of employment or within other
6proper limits that the Secretary of State shall find necessary
7to avoid any undue hardship. A restricted driving permit issued
8hereunder shall be subject to cancellation, revocation and
9suspension by the Secretary of State in like manner and for
10like cause as a driver's license may be cancelled, revoked or
11suspended; except that a conviction upon one or more offenses
12against laws or ordinances regulating the movement of traffic
13shall be deemed sufficient cause for the revocation, suspension
14or cancellation of the restricted driving permit. The Secretary
15of State may, as a condition to the issuance of a restricted
16driving permit, require the applicant to participate in a
17designated driver remedial or rehabilitative program. Any
18conviction for a violation of this subsection shall be included
19as an offense for the purposes of determining suspension action
20under any other provision of this Code, provided however, that
21the penalties provided under this subsection shall be imposed
22unless those penalties imposed under other applicable
23provisions are greater.
24    The owner of any vehicle alleged to have violated paragraph
25(a) of this Section shall, upon appropriate demand by the
26State's Attorney or other designated person acting in response



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1to a signed complaint, provide a written statement or
2deposition identifying the operator of the vehicle if such
3operator was not the owner at the time of the alleged
4violation. Failure to supply such information shall result in
5the suspension of the vehicle registration of the vehicle for a
6period of 3 months. In the event the owner has assigned control
7for the use of the vehicle to another, the person to whom
8control was assigned shall comply with the provisions of this
9paragraph and be subject to the same penalties as herein
11(Source: P.A. 99-740, eff. 1-1-17.)".