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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 11-907 as follows:
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6 | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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7 | Sec. 11-907. Operation of vehicles and streetcars on | ||||||
8 | approach of authorized
emergency
vehicles.
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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,
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13 | (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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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
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20 | otherwise directed by a police officer and
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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.
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2 | (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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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 lights or amber or yellow warning
lights, | ||||||
9 | a
person who drives an approaching vehicle shall:
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10 | (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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16 | vehicle; or
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17 | (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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20 | 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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25 | (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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1 | 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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8 | (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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13 | (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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18 | (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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22 | (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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25 | (1) suspend the person's driving privileges for the | ||||||
26 | mandatory period; or
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1 | (2) extend the period of an existing suspension by the | ||||||
2 | appropriate
mandatory period.
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3 | (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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5 | Section 10. The Criminal Code of 1961 is amended by | ||||||
6 | changing Section 9-3 as follows:
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7 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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8 | (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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11 | (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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24 | (b) (Blank).
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1 | (c) (Blank).
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2 | (d) Sentence.
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3 | (1) Involuntary manslaughter is a Class 3 felony.
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4 | (2) Reckless homicide is a Class 3 felony.
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5 | (e) (Blank).
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6 | (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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21 | (e-5) (Blank).
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22 | (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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24 | 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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1 | 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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6 | (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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17 | (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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23 | (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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1 | (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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12 | (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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1 | sentenced to a term of
not less than 3 years and not more than | ||||||
2 | 14 years.
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3 | (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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