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Public Act 102-0338
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| SB1913 Enrolled | LRB102 13716 RAM 19066 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 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 |
approach of authorized
emergency
vehicles. |
(a) Upon the immediate approach of an authorized emergency |
vehicle
making use of audible and visual signals meeting the |
requirements of this
Code or a police vehicle properly and |
lawfully making use of an audible
or visual signal:
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(1) the driver of every other vehicle
shall yield the |
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 |
edge or curb of
the highway clear of any intersection and |
shall, if necessary to permit
the safe passage of the |
emergency vehicle, stop and remain
in such position until |
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 |
stop such
car clear of any intersection and keep it in such |
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 an
authorized emergency vehicle from the duty to drive with |
due regard for the
safety of all persons using the highway.
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(c) Upon approaching a stationary authorized emergency |
vehicle, when the
authorized emergency vehicle is giving a |
signal by displaying alternately
flashing
red, red and white, |
blue, or red and blue lights or amber or yellow warning
lights, |
a
person who drives an approaching vehicle shall:
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(1) proceeding with due caution, yield the |
right-of-way by making a
lane change into a lane not |
adjacent to that of the authorized
emergency vehicle, if |
possible with due regard to safety and traffic
conditions, |
if on a highway having at least 4 lanes with not less
than |
2 lanes proceeding in the same direction as the |
approaching
vehicle; or
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(2) if changing lanes would be impossible or unsafe, |
proceeding with due caution, reduce the speed of the |
vehicle,
maintaining a safe speed for road conditions and |
leaving a safe distance until safely past the stationary |
vehicles.
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As used in this subsection (c), "authorized emergency |
vehicle"
includes any vehicle authorized by law to be equipped |
with oscillating,
rotating, or flashing lights under Section |
12-215 of this Code, while the owner
or operator of the vehicle |
is engaged in his or her official duties.
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(d) A person who violates subsection (c) of this Section |
commits a business
offense punishable by a fine of not less |
than $250 or more than $10,000 for a first violation, and a |
fine of not less than $750 or more than $10,000 for a second or |
subsequent violation. It is a factor in
aggravation if the |
person committed the offense while in violation of Section
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11-501 of this Code. Imposition of the penalties authorized by |
this subsection (d) for a violation of subsection (c) of this |
Section that results in the death of
another person does not |
preclude imposition of appropriate additional civil or |
criminal penalties. A person who violates subsection (c) and |
the violation results in damage to another vehicle commits a |
Class A misdemeanor. A person who violates subsection (c) and |
the violation results in the injury or death of another person |
commits a Class 4 felony.
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(e) If a violation of subsection (c) of this Section |
results in damage to
the
property of another person, in |
addition to any other penalty imposed,
the person's driving |
privileges shall be suspended for a fixed
period of not less |
than 90 days and not more than one year.
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(f) If a violation of subsection (c) of this Section |
results in injury to
another
person, in addition to any other |
penalty imposed,
the person's driving privileges shall be |
suspended for a fixed period of not
less
than 180
days and not |
more than 2 years.
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(g) If a violation of subsection (c) of this Section |
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results in the death of
another person, in addition to any |
other penalty imposed,
the person's driving privileges shall |
be suspended for 2 years.
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(h) The Secretary of State shall, upon receiving a record |
of a judgment
entered against a person under subsection (c) of |
this Section:
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(1) suspend the person's driving privileges for the |
mandatory period; or
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(2) extend the period of an existing suspension by the |
appropriate
mandatory period.
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(i) The Scott's Law Fund shall be a special fund in the |
State treasury. Subject to appropriation by the General |
Assembly and approval by the Director, the Director of the |
State Police shall use all moneys in the Scott's Law Fund in |
the Department's discretion to fund the production of |
materials to educate drivers on approaching stationary |
authorized emergency vehicles, to hire off-duty Department of |
State Police for enforcement of this Section, and for other |
law enforcement purposes the Director deems necessary in these |
efforts. |
(j) For violations of this Section issued by a county or |
municipal police officer, the assessment shall be deposited |
into the county's or municipality's Transportation Safety |
Highway Hire-back Fund. The county shall use the moneys in its |
Transportation Safety Highway Hire-back Fund to hire off-duty |
county police officers to monitor construction or maintenance |
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zones in that county on highways other than interstate |
highways. The county, in its discretion, may also use a |
portion of the moneys in its Transportation Safety Highway |
Hire-back Fund to purchase equipment for county law |
enforcement and fund the production of materials to educate |
drivers on construction zone safe driving habits and |
approaching stationary authorized emergency vehicles. |
(k) In addition to other penalties imposed by this |
Section, the court may order a person convicted of a violation |
of subsection (c) to perform community service as determined |
by the court. |
(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)
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