Full Text of HB4203 95th General Assembly
HB4203ham001 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/6/2008
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09500HB4203ham001 |
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LRB095 15139 RLC 46654 a |
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| AMENDMENT TO HOUSE BILL 4203
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| AMENDMENT NO. ______. Amend House Bill 4203 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| 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 | 8 |
| approach of authorized
emergency
vehicles.
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| (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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| (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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| 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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LRB095 15139 RLC 46654 a |
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| 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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| otherwise directed by a police officer and
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| (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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| (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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| (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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| (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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| vehicle; or
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| (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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| 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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| (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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| (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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| (f) If a violation of subsection (c) of this Section |
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| 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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| (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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| (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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| (1) suspend the person's driving privileges for the | 13 |
| mandatory period; or
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| (2) extend the period of an existing suspension by the | 15 |
| appropriate
mandatory period.
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| (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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