Judiciary II - Criminal Law Committee
Filed: 3/6/2008
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1 | AMENDMENT TO HOUSE BILL 4203
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2 | AMENDMENT NO. ______. Amend House Bill 4203 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing 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 |
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1 | shall, if necessary to permit
the safe passage of the | ||||||
2 | emergency vehicle, stop and remain
in such position until | ||||||
3 | the authorized emergency vehicle has passed, unless
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4 | otherwise directed by a police officer and
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5 | (2) the operator of every streetcar shall
immediately | ||||||
6 | stop such
car clear of any intersection and keep it in such | ||||||
7 | position until the
authorized emergency vehicle has | ||||||
8 | passed, unless otherwise
directed by
a police officer.
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9 | (b) This Section shall not operate to relieve the driver of | ||||||
10 | an
authorized emergency vehicle from the duty to drive with due | ||||||
11 | regard for the
safety of all persons using the highway.
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12 | (c) Upon approaching a stationary authorized emergency | ||||||
13 | vehicle, when the
authorized emergency vehicle is giving a | ||||||
14 | signal by displaying alternately
flashing
red, red and white, | ||||||
15 | blue, or red and blue lights or amber or yellow warning
lights, | ||||||
16 | a
person who drives an approaching vehicle shall:
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17 | (1) proceeding with due caution, yield the | ||||||
18 | right-of-way by making a
lane change into a lane not | ||||||
19 | adjacent to that of the authorized
emergency vehicle, if | ||||||
20 | possible with due regard to safety and traffic
conditions, | ||||||
21 | if on a highway having at least 4 lanes with not less
than | ||||||
22 | 2 lanes proceeding in the same direction as the approaching
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23 | vehicle; or
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24 | (2) proceeding with due caution, reduce the speed of | ||||||
25 | the vehicle,
maintaining a safe speed for road conditions, | ||||||
26 | if changing lanes
would be impossible or unsafe.
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1 | As used in this subsection (c), "authorized emergency | ||||||
2 | vehicle"
includes any vehicle authorized by law to be equipped | ||||||
3 | with oscillating,
rotating, or flashing lights under Section | ||||||
4 | 12-215 of this Code, while the owner
or operator of the vehicle | ||||||
5 | is engaged in his or her official duties.
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6 | (d) A person who violates subsection (c) of this Section | ||||||
7 | commits a business
offense punishable by a fine of not less | ||||||
8 | than $100 or more than $10,000. It is a factor in
aggravation | ||||||
9 | if the person committed the offense while in violation of | ||||||
10 | Section
11-501 of this Code. If a violation of subsection (c) | ||||||
11 | of this Section results in the death of
another person, the | ||||||
12 | court may either consider the offense as a business offense | ||||||
13 | punishable by a fine of not less than $100 nor more than | ||||||
14 | $10,000 or as a Class A misdemeanor and, in addition to any | ||||||
15 | other penalty imposed,
the person's driving privileges shall be | ||||||
16 | suspended for 2 years. Imposition of the penalties authorized | ||||||
17 | by this subsection (d) for a violation of subsection (c) of | ||||||
18 | this Section that results in the death of
another person does | ||||||
19 | not preclude imposition of appropriate additional civil or | ||||||
20 | criminal penalties.
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21 | (e) If a violation of subsection (c) of this Section | ||||||
22 | results in damage to
the
property of another person, in | ||||||
23 | addition to any other penalty imposed,
the person's driving | ||||||
24 | privileges shall be suspended for a fixed
period of not less | ||||||
25 | than 90 days and not more than one year.
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26 | (f) If a violation of subsection (c) of this Section |
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1 | results in injury to
another
person, in addition to any other | ||||||
2 | penalty imposed,
the person's driving privileges shall be | ||||||
3 | suspended for a fixed period of not
less
than 180
days and not | ||||||
4 | more than 2 years.
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5 | (g) (Blank) If a violation of subsection (c) of this | ||||||
6 | Section results in the death of
another person, in addition to | ||||||
7 | any other penalty imposed,
the person's driving privileges | ||||||
8 | shall be suspended for 2 years .
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9 | (h) The Secretary of State shall, upon receiving a record | ||||||
10 | of a judgment
entered against a person under subsection (c) of | ||||||
11 | this Section:
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12 | (1) suspend the person's driving privileges for the | ||||||
13 | mandatory period; or
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14 | (2) extend the period of an existing suspension by the | ||||||
15 | appropriate
mandatory period.
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16 | (Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03; 93-173, | ||||||
17 | eff. 7-11-03; 93-705, eff. 7-9-04.)".
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