Full Text of HB4203 95th General Assembly
HB4203enr 95TH GENERAL ASSEMBLY
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LRB095 15139 DRH 41103 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-907 as follows:
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| (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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| Sec. 11-907. Operation of vehicles and streetcars on | 8 |
| approach of authorized
emergency
vehicles.
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| (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,
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| (1) the driver of every other vehicle
shall yield the | 14 |
| right-of-way and shall immediately drive to a position
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| 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
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| otherwise directed by a police officer and
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| (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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| passed, unless otherwise
directed by
a police officer.
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| (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.
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| (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:
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| (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
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| vehicle; or
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| (2) proceeding with due caution, reduce the speed of | 18 |
| the vehicle,
maintaining a safe speed for road conditions, | 19 |
| if changing lanes
would be impossible or unsafe.
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| As used in this subsection (c), "authorized emergency | 21 |
| vehicle"
includes any vehicle authorized by law to be equipped | 22 |
| with oscillating,
rotating, or flashing lights under Section | 23 |
| 12-215 of this Code, while the owner
or operator of the vehicle | 24 |
| is engaged in his or her official duties.
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| (d) A person who violates subsection (c) of this Section | 26 |
| commits a business
offense punishable by a fine of not less |
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| than $100 or more than $10,000. It is a factor in
aggravation | 2 |
| if the person committed the offense while in violation of | 3 |
| Section
11-501 of this Code. Imposition of the penalties | 4 |
| authorized by this subsection (d) for a violation of subsection | 5 |
| (c) of this Section that results in the death of
another person | 6 |
| does not preclude imposition of appropriate additional civil or | 7 |
| criminal penalties.
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| (e) If a violation of subsection (c) of this Section | 9 |
| results in damage to
the
property of another person, in | 10 |
| addition to any other penalty imposed,
the person's driving | 11 |
| privileges shall be suspended for a fixed
period of not less | 12 |
| than 90 days and not more than one year.
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| (f) If a violation of subsection (c) of this Section | 14 |
| results in injury to
another
person, in addition to any other | 15 |
| penalty imposed,
the person's driving privileges shall be | 16 |
| suspended for a fixed period of not
less
than 180
days and not | 17 |
| more than 2 years.
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| (g) If a violation of subsection (c) of this Section | 19 |
| results in the death of
another person, in addition to any | 20 |
| other penalty imposed,
the person's driving privileges shall be | 21 |
| suspended for 2 years.
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| (h) The Secretary of State shall, upon receiving a record | 23 |
| of a judgment
entered against a person under subsection (c) of | 24 |
| this Section:
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| (1) suspend the person's driving privileges for the | 26 |
| mandatory period; or
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| (2) extend the period of an existing suspension by the | 2 |
| appropriate
mandatory period.
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| (Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03; 93-173, | 4 |
| eff. 7-11-03; 93-705, eff. 7-9-04.)
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| Section 10. The Criminal Code of 1961 is amended by | 6 |
| changing Section 9-3 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| (Text of Section after amendment by P.A. 95-467, 95-551, | 9 |
| and 95-587 ) | 10 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | 12 |
| without lawful
justification commits involuntary manslaughter | 13 |
| if his acts whether lawful
or unlawful which cause the death | 14 |
| are such as are likely to cause death or
great bodily harm to | 15 |
| some individual, and he performs them recklessly,
except in | 16 |
| cases in which the cause of the death consists of the driving | 17 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 18 |
| vehicle, or watercraft,
in which case the person commits | 19 |
| reckless homicide. A person commits reckless homicide if he or | 20 |
| she unintentionally kills an individual while driving a vehicle | 21 |
| and using an incline in a roadway, such as a railroad crossing, | 22 |
| bridge
approach, or hill, to cause the vehicle to become | 23 |
| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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| (1) Involuntary manslaughter is a Class 3 felony.
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| (2) Reckless homicide is a Class 3 felony.
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| (e) (Blank).
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| (e-2) Except as provided in subsection (e-3), in cases | 7 |
| involving reckless homicide in which the offense is committed | 8 |
| upon a public thoroughfare where children pass going to and | 9 |
| from school when a school crossing guard is performing official | 10 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 11 |
| sentenced to a term of imprisonment, shall be sentenced to a | 12 |
| term of
not less than 3 years and not more than 14 years. | 13 |
| (e-3) In cases involving reckless homicide in which (i) the | 14 |
| offense is committed upon a public thoroughfare where children | 15 |
| pass going to and from school when a school crossing guard is | 16 |
| performing official duties and (ii) the defendant causes the | 17 |
| deaths of 2 or more persons as part of a single course of | 18 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 19 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 20 |
| term of
not less than 6 years and not more than 28 years.
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | 23 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined | 25 |
| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | 26 |
| operating a vehicle while failing or refusing to comply with |
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| any lawful order or direction of any authorized police officer | 2 |
| or traffic control aide engaged in traffic control,
the penalty | 3 |
| is a Class 2 felony, for which a
person, if sentenced to a term | 4 |
| of imprisonment, shall be sentenced to a term of
not less than | 5 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 7 |
| defendant caused the deaths of 2 or more persons as part of a | 8 |
| single course of conduct and: (1) was
driving in a construction | 9 |
| or maintenance zone, as defined in Section 11-605.1
of the | 10 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | 11 |
| failing or refusing to comply with any lawful order or | 12 |
| direction of any authorized police officer or traffic control | 13 |
| aide engaged in traffic control,
the penalty is a Class 2 | 14 |
| felony, for which a
person, if sentenced to a term of | 15 |
| imprisonment, shall be sentenced to a term of
not less than 6 | 16 |
| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 18 |
| defendant drove a vehicle and used an incline in a roadway, | 19 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 20 |
| the vehicle to become airborne, and caused the deaths of 2 or | 21 |
| more persons as
part of a single course of conduct,
the penalty | 22 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or | 24 |
| reckless homicide resulting in the death of a peace officer | 25 |
| killed in the performance of his or her duties as a peace | 26 |
| officer, the penalty is a Class 2 felony.
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| (e-11)
(e-10) In cases involving reckless homicide in which | 2 |
| the defendant unintentionally kills an individual while | 3 |
| driving in a posted school zone, as defined in Section 11-605 | 4 |
| of the Illinois Vehicle Code, while children are present or in | 5 |
| a construction or maintenance zone, as defined in Section | 6 |
| 11-605.1 of the Illinois Vehicle Code, when construction or | 7 |
| maintenance workers are present the trier of fact may infer | 8 |
| that the defendant's actions were performed recklessly where he | 9 |
| or she was also either driving at a speed of more than 20 miles | 10 |
| per hour in excess of the posted speed limit or violating | 11 |
| Section 11-501 of the Illinois Vehicle Code.
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| (e-12) In cases involving reckless homicide in which the | 13 |
| defendant unintentionally kills an individual, the trier of | 14 |
| fact may infer that the defendant's actions were performed | 15 |
| recklessly where he or she was also violating subsection (c) of | 16 |
| Section 11-907 of the Illinois Vehicle Code. The penalty for a | 17 |
| reckless homicide in which the driver also violated subsection | 18 |
| (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 | 19 |
| felony, for which a person, if sentenced to a term of | 20 |
| imprisonment, shall be sentenced to a term of not less than 3 | 21 |
| years and not more than 14 years. | 22 |
| (f) In cases involving involuntary manslaughter in which | 23 |
| the victim was a
family or household member as defined in | 24 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 25 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 26 |
| which a
person if sentenced to a term of imprisonment, shall be |
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| sentenced to a term of
not less than 3 years and not more than | 2 |
| 14 years.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | 4 |
| eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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