Full Text of HB4255 103rd General Assembly
HB4255 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4255 Introduced 1/16/2024, by Rep. Amy Elik and Kevin Schmidt SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/11-907 | from Ch. 95 1/2, par. 11-907 | 625 ILCS 5/12-215 | |
| Amends the Illinois Vehicle Code. Allows the use of red, blue, and white oscillating, rotating, or flashing lights on tow trucks. |
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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 | 5 | | changing Sections 11-907 and 12-215 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 | 3 | | of an authorized emergency vehicle from the duty to drive with | 4 | | due 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 , or red, blue, and white lights or amber | 9 | | or yellow warning lights, a person who drives an approaching | 10 | | 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) | 24 | | given by an authorized emergency vehicle is an indication to | 25 | | drivers of approaching vehicles that a hazardous condition is | 26 | | present when circumstances are not immediately clear. Drivers |
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| 1 | | of vehicles approaching a stationary emergency vehicle in any | 2 | | lane shall heed the warning of the signal, reduce the speed of | 3 | | the vehicle, proceed with due caution, maintain a safe speed | 4 | | for road conditions, be prepared to stop, and leave a safe | 5 | | distance until safely passed the stationary emergency vehicle. | 6 | | As used in this subsection (c), "authorized emergency | 7 | | vehicle" includes any vehicle authorized by law to be equipped | 8 | | with oscillating, rotating, or flashing lights under Section | 9 | | 12-215 of this Code, while the owner or operator of the vehicle | 10 | | is engaged in his or her official duties. | 11 | | (d) A person who violates subsection (c) of this Section | 12 | | commits a business offense punishable by a fine of not less | 13 | | than $250 or more than $10,000 for a first violation, and a | 14 | | fine of not less than $750 or more than $10,000 for a second or | 15 | | subsequent violation. It is a factor in aggravation if the | 16 | | person committed the offense while in violation of Section | 17 | | 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the | 18 | | penalties authorized by this subsection (d) for a violation of | 19 | | subsection (c) of this Section that results in the death of | 20 | | another person does not preclude imposition of appropriate | 21 | | additional civil or criminal penalties. A person who violates | 22 | | subsection (c) and the violation results in damage to another | 23 | | vehicle commits a Class A misdemeanor. A person who violates | 24 | | subsection (c) and the violation results in the injury or | 25 | | death of another person commits a Class 4 felony. | 26 | | (e) If a violation of subsection (c) of this Section |
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| 1 | | results in damage to the property of another person, in | 2 | | addition to any other penalty imposed, the person's driving | 3 | | privileges shall be suspended for a fixed period of not less | 4 | | than 90 days and not more than one year. | 5 | | (f) If a violation of subsection (c) of this Section | 6 | | results in injury to another person, in addition to any other | 7 | | penalty imposed, the person's driving privileges shall be | 8 | | suspended for a fixed period of not less than 180 days and not | 9 | | more than 2 years. | 10 | | (g) If a violation of subsection (c) of this Section | 11 | | results in the death of another person, in addition to any | 12 | | other penalty imposed, the person's driving privileges shall | 13 | | be suspended for 2 years. | 14 | | (h) The Secretary of State shall, upon receiving a record | 15 | | of a judgment entered against a person under subsection (c) of | 16 | | this 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 | 22 | | State treasury. Subject to appropriation by the General | 23 | | Assembly and approval by the Director, the Director of the | 24 | | State Police shall use all moneys in the Scott's Law Fund in | 25 | | the Department's discretion to fund the production of | 26 | | materials to educate drivers on approaching stationary |
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| 1 | | authorized emergency vehicles, to hire off-duty Illinois | 2 | | Department of State Police for enforcement of this Section, | 3 | | and for other law enforcement purposes the Director deems | 4 | | necessary in these efforts. | 5 | | (j) For violations of this Section issued by a county or | 6 | | municipal police officer, the assessment shall be deposited | 7 | | into the county's or municipality's Transportation Safety | 8 | | Highway Hire-back Fund. The county shall use the moneys in its | 9 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 10 | | county police officers to monitor construction or maintenance | 11 | | zones in that county on highways other than interstate | 12 | | highways. The county, in its discretion, may also use a | 13 | | portion of the moneys in its Transportation Safety Highway | 14 | | Hire-back Fund to purchase equipment for county law | 15 | | enforcement and fund the production of materials to educate | 16 | | drivers on construction zone safe driving habits and | 17 | | approaching stationary authorized emergency vehicles. | 18 | | (k) In addition to other penalties imposed by this | 19 | | Section, the court may order a person convicted of a violation | 20 | | of subsection (c) to perform community service as determined | 21 | | by the court. | 22 | | (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; | 23 | | 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.) | 24 | | (625 ILCS 5/12-215) | 25 | | Sec. 12-215. Oscillating, rotating, or flashing lights on |
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| 1 | | motor vehicles. Except as otherwise provided in this Code: | 2 | | (a) The use of red or white oscillating, rotating, or | 3 | | flashing lights, whether lighted or unlighted, is prohibited | 4 | | except on: | 5 | | 1. Law enforcement vehicles of State, federal, or | 6 | | local authorities; | 7 | | 2. A vehicle operated by a police officer or county | 8 | | coroner and designated or authorized by local authorities, | 9 | | in writing, as a law enforcement vehicle; however, such | 10 | | designation or authorization must be carried in the | 11 | | vehicle; | 12 | | 2.1. A vehicle operated by a fire chief, deputy fire | 13 | | chief, or assistant fire chief who has completed an | 14 | | emergency vehicle operation training course approved by | 15 | | the Office of the State Fire Marshal and designated or | 16 | | authorized by local authorities, fire departments, or fire | 17 | | protection districts, in writing, as a fire department, | 18 | | fire protection district, or township fire department | 19 | | vehicle; however, the designation or authorization must be | 20 | | carried in the vehicle, and the lights may be visible or | 21 | | activated only when responding to a bona fide emergency; | 22 | | 3. Vehicles of local fire departments and State or | 23 | | federal firefighting vehicles; | 24 | | 4. Vehicles which are designed and used exclusively as | 25 | | ambulances or rescue vehicles; furthermore, such lights | 26 | | shall not be lighted except when responding to an |
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| 1 | | emergency call for and while actually conveying the sick | 2 | | or injured; | 3 | | 4.5. Vehicles which are occasionally used as rescue | 4 | | vehicles that have been authorized for use as rescue | 5 | | vehicles by a volunteer EMS provider, provided that the | 6 | | operator of the vehicle has successfully completed an | 7 | | emergency vehicle operation training course recognized by | 8 | | the Department of Public Health; furthermore, the lights | 9 | | shall not be lighted except when responding to an | 10 | | emergency call for the sick or injured; | 11 | | 5. Tow trucks licensed in a state that requires such | 12 | | lights; furthermore, such lights shall not be lighted on | 13 | | any such tow truck while the tow truck is operating in the | 14 | | State of Illinois; | 15 | | 6. Vehicles of the Illinois Emergency Management | 16 | | Agency and Office of Homeland Security , vehicles of the | 17 | | Office of the Illinois State Fire Marshal, vehicles of the | 18 | | Illinois Department of Public Health, vehicles of the | 19 | | Illinois Department of Corrections, and vehicles of the | 20 | | Illinois Department of Juvenile Justice; | 21 | | 7. Vehicles operated by a local or county emergency | 22 | | management services agency as defined in the Illinois | 23 | | Emergency Management Agency Act; | 24 | | 8. School buses operating alternately flashing head | 25 | | lamps as permitted under Section 12-805 of this Code; | 26 | | 9. Vehicles that are equipped and used exclusively as |
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| 1 | | organ transplant vehicles when used in combination with | 2 | | blue oscillating, rotating, or flashing lights; | 3 | | furthermore, these lights shall be lighted only when the | 4 | | transportation is declared an emergency by a member of the | 5 | | transplant team or a representative of the organ | 6 | | procurement organization; | 7 | | 10. Vehicles of the Illinois Department of Natural | 8 | | Resources that are used for mine rescue and explosives | 9 | | emergency response; | 10 | | 11. Vehicles of the Illinois Department of | 11 | | Transportation identified as Emergency Traffic Patrol; the | 12 | | lights shall not be lighted except when responding to an | 13 | | emergency call or when parked or stationary while engaged | 14 | | in motor vehicle assistance or at the scene of the | 15 | | emergency; and | 16 | | 12. Vehicles of the Illinois State Toll Highway | 17 | | Authority with a gross vehicle weight rating of 9,000 | 18 | | pounds or more and those identified as Highway Emergency | 19 | | Lane Patrol; the lights shall not be lighted except when | 20 | | responding to an emergency call or when parked or | 21 | | stationary while engaged in motor vehicle assistance or at | 22 | | the scene of the emergency. | 23 | | (b) The use of amber oscillating, rotating, or flashing | 24 | | lights, whether lighted or unlighted, is prohibited except on: | 25 | | 1. Second division vehicles designed and used for | 26 | | towing or hoisting vehicles; furthermore, such lights |
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| 1 | | shall not be lighted except as required in this paragraph | 2 | | 1; such lights shall be lighted when such vehicles are | 3 | | actually being used at the scene of a crash or | 4 | | disablement; if the towing vehicle is equipped with a flat | 5 | | bed that supports all wheels of the vehicle being | 6 | | transported, the lights shall not be lighted while the | 7 | | vehicle is engaged in towing on a highway; if the towing | 8 | | vehicle is not equipped with a flat bed that supports all | 9 | | wheels of a vehicle being transported, the lights shall be | 10 | | lighted while the towing vehicle is engaged in towing on a | 11 | | highway during all times when the use of headlights is | 12 | | required under Section 12-201 of this Code; in addition, | 13 | | these vehicles may use white oscillating, rotating, or | 14 | | flashing lights in combination with amber oscillating, | 15 | | rotating, or flashing lights or red, blue, and white | 16 | | oscillating, rotating, or flashing lights as provided in | 17 | | this paragraph; | 18 | | 2. Motor vehicles or equipment of the State of | 19 | | Illinois, the Illinois State Toll Highway Authority, local | 20 | | authorities, and contractors; furthermore, such lights | 21 | | shall not be lighted except while such vehicles are | 22 | | engaged in maintenance or construction operations within | 23 | | the limits of construction projects; | 24 | | 3. Vehicles or equipment used by engineering or survey | 25 | | crews; furthermore, such lights shall not be lighted | 26 | | except while such vehicles are actually engaged in work on |
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| 1 | | a highway; | 2 | | 4. Vehicles of public utilities, municipalities, or | 3 | | other construction, maintenance, or automotive service | 4 | | vehicles except that such lights shall be lighted only as | 5 | | a means for indicating the presence of a vehicular traffic | 6 | | hazard requiring unusual care in approaching, overtaking, | 7 | | or passing while such vehicles are engaged in maintenance, | 8 | | service, or construction on a highway; | 9 | | 5. Oversized vehicle or load; however, such lights | 10 | | shall only be lighted when moving under permit issued by | 11 | | the Department under Section 15-301 of this Code; | 12 | | 6. The front and rear of motorized equipment owned and | 13 | | operated by the State of Illinois or any political | 14 | | subdivision thereof, which is designed and used for | 15 | | removal of snow and ice from highways; | 16 | | 6.1. The front and rear of motorized equipment or | 17 | | vehicles that (i) are not owned by the State of Illinois or | 18 | | any political subdivision of the State, (ii) are designed | 19 | | and used for removal of snow and ice from highways and | 20 | | parking lots, and (iii) are equipped with a snow plow that | 21 | | is 12 feet in width; these lights may not be lighted except | 22 | | when the motorized equipment or vehicle is actually being | 23 | | used for those purposes on behalf of a unit of government; | 24 | | 7. Fleet safety vehicles registered in another state, | 25 | | furthermore, such lights shall not be lighted except as | 26 | | provided for in Section 12-212 of this Code; |
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| 1 | | 8. Such other vehicles as may be authorized by local | 2 | | authorities; | 3 | | 9. Law enforcement vehicles of State or local | 4 | | authorities when used in combination with red oscillating, | 5 | | rotating, or flashing lights; | 6 | | 9.5. Propane delivery trucks; | 7 | | 10. Vehicles used for collecting or delivering mail | 8 | | for the United States Postal Service provided that such | 9 | | lights shall not be lighted except when such vehicles are | 10 | | actually being used for such purposes; | 11 | | 10.5. Vehicles of the Office of the Illinois State | 12 | | Fire Marshal, provided that such lights shall not be | 13 | | lighted except for when such vehicles are engaged in work | 14 | | for the Office of the Illinois State Fire Marshal; | 15 | | 11. Any vehicle displaying a slow-moving vehicle | 16 | | emblem as provided in Section 12-205.1; | 17 | | 12. All trucks equipped with self-compactors or | 18 | | roll-off hoists and roll-on containers for garbage, | 19 | | recycling, or refuse hauling. Such lights shall not be | 20 | | lighted except when such vehicles are actually being used | 21 | | for such purposes; | 22 | | 13. Vehicles used by a security company, alarm | 23 | | responder, control agency, or the Illinois Department of | 24 | | Corrections; | 25 | | 14. Security vehicles of the Department of Human | 26 | | Services; however, the lights shall not be lighted except |
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| 1 | | when being used for security related purposes under the | 2 | | direction of the superintendent of the facility where the | 3 | | vehicle is located; and | 4 | | 15. Vehicles of union representatives, except that the | 5 | | lights shall be lighted only while the vehicle is within | 6 | | the limits of a construction project. | 7 | | (c) The use of blue oscillating, rotating, or flashing | 8 | | lights, whether lighted or unlighted, is prohibited except on: | 9 | | 1. Rescue squad vehicles not owned by a fire | 10 | | department or fire protection district and vehicles owned | 11 | | or operated by a: | 12 | | voluntary firefighter; | 13 | | paid firefighter; | 14 | | part-paid firefighter; | 15 | | call firefighter; | 16 | | member of the board of trustees of a fire | 17 | | protection district; | 18 | | paid or unpaid member of a rescue squad; | 19 | | paid or unpaid member of a voluntary ambulance | 20 | | unit; or | 21 | | paid or unpaid members of a local or county | 22 | | emergency management services agency as defined in the | 23 | | Illinois Emergency Management Agency Act, designated | 24 | | or authorized by local authorities, in writing, and | 25 | | carrying that designation or authorization in the | 26 | | vehicle. |
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| 1 | | However, such lights are not to be lighted except when | 2 | | responding to a bona fide emergency or when parked or | 3 | | stationary at the scene of a fire, rescue call, ambulance | 4 | | call, or motor vehicle crash. | 5 | | Any person using these lights in accordance with this | 6 | | subdivision (c)1 must carry on his or her person an | 7 | | identification card or letter identifying the bona fide | 8 | | member of a fire department, fire protection district, | 9 | | rescue squad, ambulance unit, or emergency management | 10 | | services agency that owns or operates that vehicle. The | 11 | | card or letter must include: | 12 | | (A) the name of the fire department, fire | 13 | | protection district, rescue squad, ambulance unit, or | 14 | | emergency management services agency; | 15 | | (B) the member's position within the fire | 16 | | department, fire protection district, rescue squad, | 17 | | ambulance unit, or emergency management services | 18 | | agency; | 19 | | (C) the member's term of service; and | 20 | | (D) the name of a person within the fire | 21 | | department, fire protection district, rescue squad, | 22 | | ambulance unit, or emergency management services | 23 | | agency to contact to verify the information provided. | 24 | | 2. Police department vehicles in cities having a | 25 | | population of 500,000 or more inhabitants. | 26 | | 3. Law enforcement vehicles of State or local |
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| 1 | | authorities when used in combination with red oscillating, | 2 | | rotating, or flashing lights. | 3 | | 4. Vehicles of local fire departments and State or | 4 | | federal firefighting vehicles when used in combination | 5 | | with red oscillating, rotating, or flashing lights. | 6 | | 5. Vehicles which are designed and used exclusively as | 7 | | ambulances or rescue vehicles when used in combination | 8 | | with red oscillating, rotating, or flashing lights; | 9 | | furthermore, such lights shall not be lighted except when | 10 | | responding to an emergency call. | 11 | | 6. Vehicles that are equipped and used exclusively as | 12 | | organ transport vehicles when used in combination with red | 13 | | oscillating, rotating, or flashing lights; furthermore, | 14 | | these lights shall only be lighted when the transportation | 15 | | is declared an emergency by a member of the transplant | 16 | | team or a representative of the organ procurement | 17 | | organization. | 18 | | 7. Vehicles of the Illinois Emergency Management | 19 | | Agency and Office of Homeland Security | | | , vehicles of the | 20 | | Office of the Illinois State Fire Marshal, vehicles of the | 21 | | Illinois Department of Public Health, vehicles of the | 22 | | Illinois Department of Corrections, and vehicles of the | 23 | | Illinois Department of Juvenile Justice, when used in | 24 | | combination with red oscillating, rotating, or flashing | 25 | | lights. | 26 | | 8. Vehicles operated by a local or county emergency |
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| 1 | | management services agency as defined in the Illinois | 2 | | Emergency Management Agency Act, when used in combination | 3 | | with red oscillating, rotating, or flashing lights. | 4 | | 9. Vehicles of the Illinois Department of Natural | 5 | | Resources that are used for mine rescue and explosives | 6 | | emergency response, when used in combination with red | 7 | | oscillating, rotating, or flashing lights. | 8 | | (c-1) In addition to the blue oscillating, rotating, or | 9 | | flashing lights permitted under subsection (c), and | 10 | | notwithstanding subsection (a), a vehicle operated by a | 11 | | voluntary firefighter, a voluntary member of a rescue squad, | 12 | | or a member of a voluntary ambulance unit may be equipped with | 13 | | flashing white headlights and blue grill lights, which may be | 14 | | used only in responding to an emergency call or when parked or | 15 | | stationary at the scene of a fire, rescue call, ambulance | 16 | | call, or motor vehicle crash. | 17 | | (c-2) In addition to the blue oscillating, rotating, or | 18 | | flashing lights permitted under subsection (c), and | 19 | | notwithstanding subsection (a), a vehicle operated by a paid | 20 | | or unpaid member of a local or county emergency management | 21 | | services agency as defined in the Illinois Emergency | 22 | | Management Agency Act, may be equipped with white oscillating, | 23 | | rotating, or flashing lights to be used in combination with | 24 | | blue oscillating, rotating, or flashing lights, if | 25 | | authorization by local authorities is in writing and carried | 26 | | in the vehicle. |
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| 1 | | (d) The use of a combination of amber and white | 2 | | oscillating, rotating, or flashing lights, whether lighted or | 3 | | unlighted, is prohibited except on second division vehicles | 4 | | designed and used for towing or hoisting vehicles or motor | 5 | | vehicles or equipment of the State of Illinois, local | 6 | | authorities, contractors, and union representatives; | 7 | | furthermore, such lights shall not be lighted on second | 8 | | division vehicles designed and used for towing or hoisting | 9 | | vehicles or vehicles of the State of Illinois, local | 10 | | authorities, and contractors except while such vehicles are | 11 | | engaged in a tow operation, highway maintenance, or | 12 | | construction operations within the limits of highway | 13 | | construction projects, and shall not be lighted on the | 14 | | vehicles of union representatives except when those vehicles | 15 | | are within the limits of a construction project. | 16 | | (e) All oscillating, rotating, or flashing lights referred | 17 | | to in this Section shall be of sufficient intensity, when | 18 | | illuminated, to be visible at 500 feet in normal sunlight. | 19 | | (f) Nothing in this Section shall prohibit a manufacturer | 20 | | of oscillating, rotating, or flashing lights or his | 21 | | representative or authorized vendor from temporarily mounting | 22 | | such lights on a vehicle for demonstration purposes only. If | 23 | | the lights are not covered while the vehicle is operated upon a | 24 | | highway, the vehicle shall display signage indicating that the | 25 | | vehicle is out of service or not an emergency vehicle. The | 26 | | signage shall be displayed on all sides of the vehicle in |
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| 1 | | letters at least 2 inches tall and one-half inch wide. A | 2 | | vehicle authorized to have oscillating, rotating, or flashing | 3 | | lights mounted for demonstration purposes may not activate the | 4 | | lights while the vehicle is operated upon a highway. | 5 | | (g) Any person violating the provisions of subsection (a), | 6 | | (b), (c), or (d) of this Section who without lawful authority | 7 | | stops or detains or attempts to stop or detain another person | 8 | | shall be guilty of a Class 2 felony. | 9 | | (h) Except as provided in subsection (g) above, any person | 10 | | violating the provisions of subsection (a) or (c) of this | 11 | | Section shall be guilty of a Class A misdemeanor. | 12 | | (Source: P.A. 102-842, eff. 1-1-23; 102-982, eff. 7-1-23; | 13 | | 103-154, eff. 6-30-23.) |
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