HB4203 Engrossed LRB095 15139 DRH 41103 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 11-907 as follows:
 
6     (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
7     Sec. 11-907. Operation of vehicles and streetcars on
8 approach of authorized emergency vehicles.
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,
13         (1) the driver of every other vehicle shall yield the
14     right-of-way and shall immediately drive to a position
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
20     otherwise directed by a police officer and
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.
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.
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:
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
16     vehicle; or
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.
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.
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. If a violation of subsection (c)
4 of this Section results in the death of another person, the
5 court may either consider the offense as a business offense
6 punishable by a fine of not less than $100 nor more than
7 $10,000 or as a Class A misdemeanor and, in addition to any
8 other penalty imposed, the person's driving privileges shall be
9 suspended for 2 years. Imposition of the penalties authorized
10 by this subsection (d) for a violation of subsection (c) of
11 this Section that results in the death of another person does
12 not preclude imposition of appropriate additional civil or
13 criminal penalties.
14     (e) If a violation of subsection (c) of this Section
15 results in damage to the property of another person, in
16 addition to any other penalty imposed, the person's driving
17 privileges shall be suspended for a fixed period of not less
18 than 90 days and not more than one year.
19     (f) If a violation of subsection (c) of this Section
20 results in injury to another person, in addition to any other
21 penalty imposed, the person's driving privileges shall be
22 suspended for a fixed period of not less than 180 days and not
23 more than 2 years.
24     (g) (Blank) If a violation of subsection (c) of this
25 Section results in the death of another person, in addition to
26 any other penalty imposed, the person's driving privileges

 

 

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1 shall be suspended for 2 years.
2     (h) The Secretary of State shall, upon receiving a record
3 of a judgment entered against a person under subsection (c) of
4 this Section:
5         (1) suspend the person's driving privileges for the
6     mandatory period; or
7         (2) extend the period of an existing suspension by the
8     appropriate mandatory period.
9 (Source: P.A. 92-283, eff. 1-1-02; 92-872, eff. 6-1-03; 93-173,
10 eff. 7-11-03; 93-705, eff. 7-9-04.)