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90_SB0116
625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
720 ILCS 5/32-5.1 from Ch. 38, par. 32-5.1
Amends the Illinois Vehicle Code. Changes the penalty
for certain unauthorized uses of oscillating, rotating, or
flashing lights on motor vehicles from a Class A misdemeanor
to a Class 4 felony. Amends the Criminal Code of 1961.
Provides that unauthorized use of oscillating, rotating, or
flashing lights constitutes false personation of a peace
officer.
LRB9001409RCks
LRB9001409RCks
1 AN ACT in relation to the use of oscillating, rotating,
2 or flashing lights on motor vehicles, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 12-215 as follows:
7 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 12-215. Oscillating, rotating or flashing lights on
10 motor vehicles. Except as otherwise provided in this Code:
11 (a) The use of red or white oscillating, rotating or
12 flashing lights, whether lighted or unlighted, is prohibited
13 except on:
14 1. Law enforcement vehicles of State, Federal or
15 local authorities;
16 2. A vehicle operated by a police officer or county
17 coroner and designated or authorized by local
18 authorities, in writing, as a law enforcement vehicle;
19 however, such designation or authorization must be
20 carried in the vehicle;
21 3. Vehicles of local fire departments and State or
22 federal firefighting vehicles;
23 4. Vehicles which are designed and used exclusively
24 as ambulances or rescue vehicles; furthermore, such
25 lights shall not be lighted except when responding to an
26 emergency call for and while actually conveying the sick
27 or injured; and
28 5. Tow trucks licensed in a state that requires
29 such lights; furthermore, such lights shall not be
30 lighted on any such tow truck while the tow truck is
31 operating in the State of Illinois.
-2- LRB9001409RCks
1 (b) The use of amber oscillating, rotating or flashing
2 lights, whether lighted or unlighted, is prohibited except
3 on:
4 1. Second division vehicles designed and used for
5 towing or hoisting vehicles; furthermore, such lights
6 shall not be lighted except as required in this paragraph
7 1; such lights shall be lighted when such vehicles are
8 actually being used at the scene of an accident or
9 disablement and while such vehicles are engaged in towing
10 on a highway;
11 2. Motor vehicles or equipment of the State of
12 Illinois, local authorities and contractors; furthermore,
13 such lights shall not be lighted except while such
14 vehicles are engaged in maintenance or construction
15 operations within the limits of construction projects;
16 3. Vehicles or equipment used by engineering or
17 survey crews; furthermore, such lights shall not be
18 lighted except while such vehicles are actually engaged
19 in work on a highway;
20 4. Vehicles of public utilities, municipalities, or
21 other construction, maintenance or automotive service
22 vehicles except that such lights shall be lighted only as
23 a means for indicating the presence of a vehicular
24 traffic hazard requiring unusual care in approaching,
25 overtaking or passing while such vehicles are engaged in
26 maintenance, service or construction on a highway;
27 5. Oversized vehicle or load; however, such lights
28 shall only be lighted when moving under permit issued by
29 the Department under Section 15-301 of this Code;
30 6. The front and rear of motorized equipment owned
31 and operated by the State of Illinois or any political
32 subdivision thereof, which is designed and used for
33 removal of snow and ice from highways;
34 7. Fleet safety vehicles registered in another
-3- LRB9001409RCks
1 state, furthermore, such lights shall not be lighted
2 except as provided for in Section 12-212 of this Code;
3 8. Such other vehicles as may be authorized by
4 local authorities;
5 9. Law enforcement vehicles of State or local
6 authorities when used in combination with red
7 oscillating, rotating or flashing lights;
8 10. Vehicles used for collecting or delivering mail
9 for the United States Postal Service provided that such
10 lights shall not be lighted except when such vehicles are
11 actually being used for such purposes;
12 11. Any vehicle displaying a slow-moving vehicle
13 emblem as provided in Section 12-205.1;
14 12. All trucks equipped with self-compactors or
15 roll-off hoists and roll-on containers for garbage or
16 refuse hauling. Such lights shall not be lighted except
17 when such vehicles are actually being used for such
18 purposes;
19 13. Vehicles used by a security company, alarm
20 responder, or control agency, if the security company,
21 alarm responder, or control agency is bound by a contract
22 with a federal, State, or local government entity to use
23 the lights; and
24 14. Security vehicles of the Department of Mental
25 Health and Developmental Disabilities; however, the
26 lights shall not be lighted except when being used for
27 security related purposes under the direction of the
28 superintendent of the facility where the vehicle is
29 located.
30 (c) The use of blue oscillating, rotating or flashing
31 lights, whether lighted or unlighted is prohibited except:
32 1. On vehicles owned or fully operated by a:
33 voluntary firefighter;
34 paid firefighter;
-4- LRB9001409RCks
1 part-paid firefighter;
2 call firefighter;
3 member of the board of trustees of a fire
4 protection district;
5 paid or unpaid member of a rescue squad;
6 paid or unpaid member of a voluntary ambulance
7 unit;
8 rescue squad vehicles not owned by a fire
9 department.
10 However, such lights are not to be lighted except
11 when responding to a bona fide emergency.
12 2. Police department vehicles in cities having a
13 population of 500,000 or more inhabitants.
14 3. Law enforcement vehicles of State or local
15 authorities when used in combination with red
16 oscillating, rotating or flashing lights.
17 4. Vehicles of local fire departments and State or
18 federal firefighting vehicles when used in combination
19 with red oscillating, rotating or flashing lights.
20 5. Vehicles which are designed and used exclusively
21 as ambulances or rescue vehicles when used in combination
22 with red oscillating, rotating or flashing lights;
23 furthermore, such lights shall not be lighted except when
24 responding to an emergency call.
25 (d) The use of a combination of amber and white
26 oscillating, rotating or flashing lights, whether lighted or
27 unlighted, is prohibited, except motor vehicles or equipment
28 of the State of Illinois, local authorities and contractors
29 may be so equipped; furthermore, such lights shall not be
30 lighted except while such vehicles are engaged in highway
31 maintenance or construction operations within the limits of
32 highway construction projects.
33 (e) All oscillating, rotating or flashing lights
34 referred to in this Section shall be of sufficient intensity,
-5- LRB9001409RCks
1 when illuminated, to be visible at 500 feet in normal
2 sunlight.
3 (f) Nothing in this Section shall prohibit a
4 manufacturer of oscillating, rotating or flashing lights or
5 his representative from temporarily mounting such lights on a
6 vehicle for demonstration purposes only.
7 (g) (Blank). Any person violating the provisions of
8 subsections (a), (b), (c) or (d) of this Section who without
9 lawful authority stops or detains or attempts to stop or
10 detain another person shall be guilty of a Class 4 felony.
11 (h) Except as provided in subsection (g) above, Any
12 person violating the provisions of subsections (a) or (c) of
13 this Section is shall be guilty of a Class 4 felony A
14 misdemeanor.
15 (Source: P.A. 88-58; 88-341; 88-670, eff. 12-2-94; 89-433,
16 eff. 12-15-95.)
17 (Text of Section after amendment by P.A. 89-507)
18 Sec. 12-215. Oscillating, rotating or flashing lights on
19 motor vehicles. Except as otherwise provided in this Code:
20 (a) The use of red or white oscillating, rotating or
21 flashing lights, whether lighted or unlighted, is prohibited
22 except on:
23 1. Law enforcement vehicles of State, Federal or
24 local authorities;
25 2. A vehicle operated by a police officer or county
26 coroner and designated or authorized by local
27 authorities, in writing, as a law enforcement vehicle;
28 however, such designation or authorization must be
29 carried in the vehicle;
30 3. Vehicles of local fire departments and State or
31 federal firefighting vehicles;
32 4. Vehicles which are designed and used exclusively
33 as ambulances or rescue vehicles; furthermore, such
34 lights shall not be lighted except when responding to an
-6- LRB9001409RCks
1 emergency call for and while actually conveying the sick
2 or injured; and
3 5. Tow trucks licensed in a state that requires
4 such lights; furthermore, such lights shall not be
5 lighted on any such tow truck while the tow truck is
6 operating in the State of Illinois.
7 (b) The use of amber oscillating, rotating or flashing
8 lights, whether lighted or unlighted, is prohibited except
9 on:
10 1. Second division vehicles designed and used for
11 towing or hoisting vehicles; furthermore, such lights
12 shall not be lighted except as required in this paragraph
13 1; such lights shall be lighted when such vehicles are
14 actually being used at the scene of an accident or
15 disablement and while such vehicles are engaged in towing
16 on a highway;
17 2. Motor vehicles or equipment of the State of
18 Illinois, local authorities and contractors; furthermore,
19 such lights shall not be lighted except while such
20 vehicles are engaged in maintenance or construction
21 operations within the limits of construction projects;
22 3. Vehicles or equipment used by engineering or
23 survey crews; furthermore, such lights shall not be
24 lighted except while such vehicles are actually engaged
25 in work on a highway;
26 4. Vehicles of public utilities, municipalities, or
27 other construction, maintenance or automotive service
28 vehicles except that such lights shall be lighted only as
29 a means for indicating the presence of a vehicular
30 traffic hazard requiring unusual care in approaching,
31 overtaking or passing while such vehicles are engaged in
32 maintenance, service or construction on a highway;
33 5. Oversized vehicle or load; however, such lights
34 shall only be lighted when moving under permit issued by
-7- LRB9001409RCks
1 the Department under Section 15-301 of this Code;
2 6. The front and rear of motorized equipment owned
3 and operated by the State of Illinois or any political
4 subdivision thereof, which is designed and used for
5 removal of snow and ice from highways;
6 7. Fleet safety vehicles registered in another
7 state, furthermore, such lights shall not be lighted
8 except as provided for in Section 12-212 of this Code;
9 8. Such other vehicles as may be authorized by
10 local authorities;
11 9. Law enforcement vehicles of State or local
12 authorities when used in combination with red
13 oscillating, rotating or flashing lights;
14 10. Vehicles used for collecting or delivering mail
15 for the United States Postal Service provided that such
16 lights shall not be lighted except when such vehicles are
17 actually being used for such purposes;
18 11. Any vehicle displaying a slow-moving vehicle
19 emblem as provided in Section 12-205.1;
20 12. All trucks equipped with self-compactors or
21 roll-off hoists and roll-on containers for garbage or
22 refuse hauling. Such lights shall not be lighted except
23 when such vehicles are actually being used for such
24 purposes;
25 13. Vehicles used by a security company, alarm
26 responder, or control agency, if the security company,
27 alarm responder, or control agency is bound by a contract
28 with a federal, State, or local government entity to use
29 the lights; and
30 14. Security vehicles of the Department of Human
31 Services; however, the lights shall not be lighted except
32 when being used for security related purposes under the
33 direction of the superintendent of the facility where the
34 vehicle is located.
-8- LRB9001409RCks
1 (c) The use of blue oscillating, rotating or flashing
2 lights, whether lighted or unlighted is prohibited except:
3 1. On vehicles owned or fully operated by a:
4 voluntary firefighter;
5 paid firefighter;
6 part-paid firefighter;
7 call firefighter;
8 member of the board of trustees of a fire
9 protection district;
10 paid or unpaid member of a rescue squad;
11 paid or unpaid member of a voluntary ambulance
12 unit;
13 rescue squad vehicles not owned by a fire
14 department.
15 However, such lights are not to be lighted except
16 when responding to a bona fide emergency.
17 2. Police department vehicles in cities having a
18 population of 500,000 or more inhabitants.
19 3. Law enforcement vehicles of State or local
20 authorities when used in combination with red
21 oscillating, rotating or flashing lights.
22 4. Vehicles of local fire departments and State or
23 federal firefighting vehicles when used in combination
24 with red oscillating, rotating or flashing lights.
25 5. Vehicles which are designed and used exclusively
26 as ambulances or rescue vehicles when used in combination
27 with red oscillating, rotating or flashing lights;
28 furthermore, such lights shall not be lighted except when
29 responding to an emergency call.
30 (d) The use of a combination of amber and white
31 oscillating, rotating or flashing lights, whether lighted or
32 unlighted, is prohibited, except motor vehicles or equipment
33 of the State of Illinois, local authorities and contractors
34 may be so equipped; furthermore, such lights shall not be
-9- LRB9001409RCks
1 lighted except while such vehicles are engaged in highway
2 maintenance or construction operations within the limits of
3 highway construction projects.
4 (e) All oscillating, rotating or flashing lights
5 referred to in this Section shall be of sufficient intensity,
6 when illuminated, to be visible at 500 feet in normal
7 sunlight.
8 (f) Nothing in this Section shall prohibit a
9 manufacturer of oscillating, rotating or flashing lights or
10 his representative from temporarily mounting such lights on a
11 vehicle for demonstration purposes only.
12 (g) (Blank). Any person violating the provisions of
13 subsections (a), (b), (c) or (d) of this Section who without
14 lawful authority stops or detains or attempts to stop or
15 detain another person shall be guilty of a Class 4 felony.
16 (h) Except as provided in subsection (g) above, Any
17 person violating the provisions of subsections (a) or (c) of
18 this Section is shall be guilty of a Class 4 felony A
19 misdemeanor.
20 (Source: P.A. 88-58; 88-341; 88-670, eff. 12-2-94; 89-433,
21 eff. 12-15-95; 89-507, eff. 7-1-97.)
22 Section 10. The Criminal Code of 1961 is amended by
23 changing Section 32-5.1 as follows:
24 (720 ILCS 5/32-5.1) (from Ch. 38, par. 32-5.1)
25 Sec. 32-5.1. False Personation of a Peace Officer.
26 (a) A person who knowingly and falsely represents
27 himself to be a peace officer of any jurisdiction commits the
28 offense of false personation of a peace officer a Class 4
29 felony.
30 (b) A person who knowingly operates a motor vehicle
31 using oscillating, rotating, or flashing lights in violation
32 of Section 12-215 of the Illinois Vehicle Code commits the
-10- LRB9001409RCks
1 offense of false personation of a peace officer.
2 (c) Sentence. False personation of a peace officer is a
3 Class 4 felony.
4 (Source: P.A. 85-741.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.