Full Text of HB5285 101st General Assembly
HB5285 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5285 Introduced , by Rep. Daniel Swanson 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 if changing lanes would be impossible or unsafe upon approaching a stationary emergency vehicle, the approaching vehicle shall reduce the speed of the vehicle to 20 miles per hour lower than the posted speed limit.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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 | 8 | | approach of authorized
emergency
vehicles. | 9 | | (a) Upon the immediate approach of an authorized emergency | 10 | | vehicle
making use of audible and visual signals meeting the | 11 | | requirements of this
Code or a police vehicle properly and | 12 | | lawfully 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 | 17 | | shall, if necessary to permit
the safe passage of the | 18 | | emergency vehicle, stop and remain
in such position until | 19 | | the authorized emergency vehicle has passed, unless
| 20 | | otherwise directed by a police officer; and
| 21 | | (2) the operator of every streetcar shall
immediately | 22 | | stop such
car clear of any intersection and keep it in such | 23 | | position until the
authorized emergency vehicle has |
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| 1 | | passed, unless otherwise
directed by
a police officer.
| 2 | | (b) This Section shall not operate to relieve the driver of | 3 | | an
authorized emergency vehicle from the duty to drive with due | 4 | | regard for the
safety of all persons using the highway.
| 5 | | (c) Upon approaching a stationary authorized emergency | 6 | | vehicle, when the
authorized emergency vehicle is giving a | 7 | | signal by displaying alternately
flashing
red, red and white, | 8 | | blue, or red and blue lights or amber or yellow warning
lights, | 9 | | a
person who drives an approaching vehicle shall:
| 10 | | (1) proceeding with due caution, yield the | 11 | | right-of-way by making a
lane change into a lane not | 12 | | adjacent to that of the authorized
emergency vehicle, if | 13 | | possible with due regard to safety and traffic
conditions, | 14 | | if on a highway having at least 4 lanes with not less
than | 15 | | 2 lanes proceeding in the same direction as the approaching
| 16 | | vehicle; or
| 17 | | (2) if changing lanes would be impossible or unsafe, | 18 | | proceeding with due caution, reduce the speed of the | 19 | | vehicle to 20 miles per hour lower than the posted speed | 20 | | limit ,
maintaining a safe speed for road conditions and | 21 | | leaving a safe distance until safely past the stationary | 22 | | vehicles.
| 23 | | As used in this subsection (c), "authorized emergency | 24 | | vehicle"
includes any vehicle authorized by law to be equipped | 25 | | with oscillating,
rotating, or flashing lights under Section | 26 | | 12-215 of this Code, while the owner
or operator of the vehicle |
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| 1 | | is engaged in his or her official duties.
| 2 | | (d) A person who violates subsection (c) of this Section | 3 | | commits a business
offense punishable by a fine of not less | 4 | | than $250 or more than $10,000 for a first violation, and a | 5 | | fine of not less than $750 or more than $10,000 for a second or | 6 | | subsequent violation. It is a factor in
aggravation if the | 7 | | person committed the offense while in violation of Section
| 8 | | 11-501 of this Code. Imposition of the penalties authorized by | 9 | | this subsection (d) for a violation of subsection (c) of this | 10 | | Section that results in the death of
another person does not | 11 | | preclude imposition of appropriate additional civil or | 12 | | criminal penalties. A person who violates subsection (c) and | 13 | | the violation results in damage to another vehicle commits a | 14 | | Class A misdemeanor. A person who violates subsection (c) and | 15 | | the violation results in the injury or death of another person | 16 | | commits a Class 4 felony.
| 17 | | (e) If a violation of subsection (c) of this Section | 18 | | results in damage to
the
property of another person, in | 19 | | addition to any other penalty imposed,
the person's driving | 20 | | privileges shall be suspended for a fixed
period of not less | 21 | | than 90 days and not more than one year.
| 22 | | (f) If a violation of subsection (c) of this Section | 23 | | results in injury to
another
person, in addition to any other | 24 | | penalty imposed,
the person's driving privileges shall be | 25 | | suspended for a fixed period of not
less
than 180
days and not | 26 | | more than 2 years.
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| 1 | | (g) If a violation of subsection (c) of this Section | 2 | | results in the death of
another person, in addition to any | 3 | | other penalty imposed,
the person's driving privileges shall be | 4 | | suspended for 2 years.
| 5 | | (h) The Secretary of State shall, upon receiving a record | 6 | | of a judgment
entered against a person under subsection (c) of | 7 | | this Section:
| 8 | | (1) suspend the person's driving privileges for the | 9 | | mandatory period; or
| 10 | | (2) extend the period of an existing suspension by the | 11 | | appropriate
mandatory period.
| 12 | | (i) The Scott's Law Fund shall be a special fund in the | 13 | | State treasury. Subject to appropriation by the General | 14 | | Assembly and approval by the Director, the Director of the | 15 | | State Police shall use all moneys in the Scott's Law Fund in | 16 | | the Department's discretion to fund the production of materials | 17 | | to educate drivers on approaching stationary authorized | 18 | | emergency vehicles, to hire off-duty Department of State Police | 19 | | for enforcement of this Section, and for other law enforcement | 20 | | purposes the Director deems necessary in these efforts. | 21 | | (j) For violations of this Section issued by a county or | 22 | | municipal police officer, the assessment shall be deposited | 23 | | into the county's or municipality's Transportation Safety | 24 | | Highway Hire-back Fund. The county shall use the moneys in its | 25 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 26 | | county police officers to monitor construction or maintenance |
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| 1 | | zones in that county on highways other than interstate | 2 | | highways. The county, in its discretion, may also use a portion | 3 | | of the moneys in its Transportation Safety Highway Hire-back | 4 | | Fund to purchase equipment for county law enforcement and fund | 5 | | the production of materials to educate drivers on construction | 6 | | zone safe driving habits and approaching stationary authorized | 7 | | emergency vehicles. | 8 | | (Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20 .)
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