Public Act 103-0711
 
HB5370 EnrolledLRB103 39481 RPS 69676 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by 
changing Sections 11-907 and 11-908 as follows:
 
    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
    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:
        (1) the driver of every other vehicle shall yield the 
    right-of-way and shall immediately drive to a position 
    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 
    otherwise directed by a police officer; and
        (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 
    passed, unless otherwise directed by a police officer.
    (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.
    (c) Upon approaching a stationary authorized emergency 
vehicle or emergency scene, when the stationary 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:
        (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 and reduce the speed of the vehicle to 
    a speed that is reasonable and proper with regard to 
    traffic conditions and the use of the highway to avoid a 
    collision and leaving a safe distance until safely past 
    the stationary emergency vehicle; or
        (2) if changing lanes would be impossible or unsafe, 
    proceeding with due caution, reduce the speed of the 
    vehicle to a speed that is reasonable and proper with 
    regard to traffic conditions and the use of the highway to 
    avoid a collision, maintaining a safe speed for road 
    conditions and leaving a safe distance until safely past 
    the stationary emergency vehicles.
    The visual signal specified under this subsection (c) 
given by a stationary an authorized emergency vehicle is an 
indication to drivers of approaching vehicles that a hazardous 
condition is present when circumstances are not immediately 
clear. Drivers of vehicles approaching a stationary authorized 
emergency vehicle in any lane shall heed the warning of the 
signal, reduce the speed of the vehicle, proceed with due 
caution, maintain a safe speed for road conditions, be 
prepared to stop, and leave a safe distance until safely 
passed the stationary emergency vehicle. 
    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. As used in this 
subsection (c), "emergency scene" means a location where a 
stationary authorized emergency vehicle as defined by herein 
is present and has activated its oscillating, rotating, or 
flashing lights. 
    (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 
11-501, 12-610.1, or 12-610.2 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.
    (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.
    (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.
    (g) If a violation of subsection (c) of this Section 
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.
    (h) The Secretary of State shall, upon receiving a record 
of a judgment entered against a person under subsection (c) of 
this Section:
        (1) suspend the person's driving privileges for the 
    mandatory period; or
        (2) extend the period of an existing suspension by the 
    appropriate mandatory period.
    (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 
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. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; 
102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
    Sec. 11-908. Vehicle approaching or entering a highway 
construction or maintenance area or zone.
    (a) The driver of a vehicle shall yield the right-of-way 
to any authorized vehicle or pedestrian actually engaged in 
work upon a highway within any highway construction or 
maintenance area indicated by official traffic-control 
devices.
    (a-1) Upon entering a construction or maintenance zone 
when workers are present, a person who drives a vehicle shall:
        (1) proceeding with due caution, yield the 
    right-of-way by making make a lane change into a lane not 
    adjacent to that of the workers present, 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, and reduce the speed of the vehicle to a speed 
    that is reasonable and proper with regard to traffic 
    conditions and the use of the highway to avoid a collision 
    and leaving a safe distance until safely past the 
    construction or maintenance zone; or
        (2) proceeding with due caution, reduce the speed of 
    the vehicle to a speed that is reasonable and proper with 
    regard to traffic conditions and the use of the highway to 
    avoid a collision until safely past the construction or 
    maintenance zone, maintaining a safe speed for road 
    conditions, if changing lanes would be impossible or 
    unsafe.
    (a-2) A person who violates subsection (a-1) of this 
Section commits a business offense punishable by a fine of not 
less than $100 and not more than $25,000. It is a factor in 
aggravation if the person committed the offense while in 
violation of Section 11-501 of this Code. 
    (a-3) If a violation of subsection (a-1) 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.
    (a-4) If a violation of subsection (a-1) 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.
    (a-5) If a violation of subsection (a-1) of this Section 
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.
    (a-6) The Secretary of State shall, upon receiving a 
record of a judgment entered against a person under subsection 
(a-1) of this Section:
        (1) suspend the person's driving privileges for the 
    mandatory period; or
        (2) extend the period of an existing suspension by the 
    appropriate mandatory period.
    (b) The driver of a vehicle shall yield the right-of-way 
to any authorized vehicle obviously and actually engaged in 
work upon a highway whenever the vehicle engaged in 
construction or maintenance work displays flashing lights as 
provided in Section 12-215 of this Act.
    (c) The driver of a vehicle shall stop if signaled to do so 
by a flagger or a traffic control signal and remain in such 
position until signaled to proceed. If a driver of a vehicle 
fails to stop when signaled to do so by a flagger, the flagger 
is authorized to report such offense to the State's Attorney 
or authorized prosecutor. The penalties imposed for a 
violation of this subsection (c) shall be in addition to any 
penalties imposed for a violation of subsection (a-1).
(Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20.)