Full Text of SB1496 101st General Assembly
SB1496sam001 101ST GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 3/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 1496
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1496 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-305 and 11-908 as follows:
| 6 | | (625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305)
| 7 | | Sec. 11-305. Obedience to and required
traffic-control | 8 | | devices. (a) The driver of any vehicle
shall obey the | 9 | | instructions of any official
traffic-control device applicable | 10 | | thereto
placed or held in accordance with the provisions of | 11 | | this Act,
unless otherwise directed by a police officer, | 12 | | subject to the
exceptions granted the driver of an authorized | 13 | | emergency vehicle
in this Act.
| 14 | | (b) It is unlawful for any person to leave the roadway
and | 15 | | travel across private property to avoid an official
traffic | 16 | | control device.
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| 1 | | (c) No provision of this Act for which official
| 2 | | traffic-control devices are required shall
be enforced against | 3 | | an alleged violator if at the time and
place of the alleged | 4 | | violation an official device is not in
proper position and | 5 | | sufficiently legible to be seen by an
ordinarily observant | 6 | | person. Whenever a particular section does not
state that | 7 | | official traffic-control devices
are required, such section | 8 | | shall be effective even though no devices
are erected or in | 9 | | place.
| 10 | | (d) Whenever any official traffic-control device is placed | 11 | | or held in
position approximately conforming to the | 12 | | requirements of this Act and
purports to conform to the lawful | 13 | | requirements pertaining to such device,
such device shall be | 14 | | presumed to have been so placed or held by the
official act or | 15 | | direction of lawful authority, and comply with the
requirements | 16 | | of this Act, unless the contrary shall be established by
| 17 | | competent evidence.
| 18 | | (e) The driver of a vehicle approaching a traffic control | 19 | | signal on
which no signal light facing such vehicle is | 20 | | illuminated shall stop before
entering the intersection in | 21 | | accordance with rules applicable in making a
stop at a stop | 22 | | sign.
| 23 | | (f) Any violation of subsection (a) that occurs within a | 24 | | designated highway construction zone or maintenance zone shall | 25 | | result in a fine of no less than $100 and no more than $1,000. | 26 | | (Source: P.A. 84-873.)
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| 1 | | (625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
| 2 | | Sec. 11-908. Vehicle approaching or entering a highway | 3 | | construction or
maintenance
area or zone. | 4 | | (a) The driver of a vehicle shall yield the right-of-way to | 5 | | any
authorized vehicle or pedestrian actually engaged in work | 6 | | upon a highway
within any highway construction or maintenance | 7 | | area indicated by
official traffic-control devices.
| 8 | | (a-1) Upon entering a construction or maintenance zone
when | 9 | | workers are present, a
person who drives a vehicle shall:
| 10 | | (1) proceeding with due caution, make a
lane change | 11 | | into a lane not adjacent to that of the workers present,
if | 12 | | possible with due regard to safety and traffic
conditions, | 13 | | if on a highway having at least 4 lanes with not less
than | 14 | | 2 lanes proceeding in the same direction as the approaching
| 15 | | vehicle; or
| 16 | | (2) proceeding with due caution, reduce the speed of | 17 | | the vehicle,
maintaining a safe speed for road conditions, | 18 | | if changing lanes
would be impossible or unsafe.
| 19 | | (a-2) A person who violates subsection (a-1) of this
| 20 | | Section commits a business
offense punishable by a fine of not | 21 | | less than $100 and not more than $25,000 $10,000 . It is a | 22 | | factor in
aggravation if the person committed the offense while | 23 | | in violation of Section
11-501 of this Code.
| 24 | | (a-3) If a violation of subsection (a-1) of this Section
| 25 | | results in damage to the property of another person, in |
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| 1 | | addition to any other
penalty imposed,
the person's driving | 2 | | privileges shall be suspended for a fixed
period of not less | 3 | | than 90 days and not more than one year.
| 4 | | (a-4) If a violation of subsection (a-1) of this Section
| 5 | | results in injury to another person, in addition to any other | 6 | | penalty imposed,
the person's driving privileges shall be | 7 | | suspended for a fixed period of not
less
than 180
days and not | 8 | | more than 2 years.
| 9 | | (a-5) If a violation of subsection (a-1) of this Section
| 10 | | results in the death of
another person, in addition to any | 11 | | other penalty imposed,
the person's driving privileges shall be | 12 | | suspended for 2 years.
| 13 | | (a-6) The Secretary of State shall, upon receiving a record | 14 | | of a judgment
entered against a person under subsection (a-1) | 15 | | of this
Section:
| 16 | | (1) suspend the person's driving privileges for the | 17 | | mandatory period; or
| 18 | | (2) extend the period of an existing suspension by the | 19 | | appropriate
mandatory period.
| 20 | | (b) The driver of a vehicle shall yield the right-of-way to | 21 | | any
authorized vehicle obviously and actually engaged in work | 22 | | upon a highway
whenever the vehicle engaged in construction or | 23 | | maintenance work
displays flashing lights as provided in | 24 | | Section 12-215 of this Act.
| 25 | | (c) The driver of a vehicle shall stop if signaled to do so | 26 | | by a
flagger or a traffic control signal and remain in such |
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| 1 | | position until
signaled to proceed. If a driver of a vehicle | 2 | | fails to stop when signaled
to do so by a flagger, the flagger | 3 | | is authorized to report such offense to
the State's Attorney or | 4 | | authorized prosecutor.
The penalties imposed for a violation of | 5 | | this subsection (c) shall be in
addition to any penalties | 6 | | imposed for a violation of subsection (a-1).
| 7 | | (Source: P.A. 100-201, eff. 8-18-17.)".
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