Full Text of HB0795 96th General Assembly
HB0795 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0795
Introduced 2/9/2009, by Rep. Ronald A. Wait SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-205 |
from Ch. 95 1/2, par. 11-205 |
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Amends the Illinois Vehicle Code. Provides that the driver of a police vehicle must use oscillating, rotating, or flashing lights when: (1) parking or standing, irrespective of the provisions of the Code; (2) proceeding past a red or stop signal or stop sign; (3) exceeding the maximum speed limits; or (4) disregarding regulations governing direction of movement or turning in
specified directions. Provides that the driver of a police vehicle must: (1) activate oscillating lights, rotating or flashing lights, sirens, or any combination of such lights or sirens during a high speed vehicle response; (2) use lights and sirens to warn pedestrians and other persons of his or her approach during an emergency response situation; and (3) drive with due regard for the safety of other persons and exercise due care when operating a police vehicle. Permits the driver of a police vehicle to use a covert approach when the situation dictates, but requires the driver to reduce speed to conform with the current driving conditions in order to lessen the danger posed to the general public. In connection with provisions concerning the duty of the driver of an authorized emergency vehicle to drive with due regard for the safety of all persons, provides that if an act of reckless disregard causes great bodily harm or death to any person or persons, that act shall be prima facie evidence that the duty of due regard for the safety of all persons was not met. Effective immediately.
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A BILL FOR
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HB0795 |
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LRB096 03883 RLC 15776 b |
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| AN ACT concerning transportation, which may be referred to | 2 |
| as Bachman's Law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 6 |
| Section 11-205 as follows:
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| (625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
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| Sec. 11-205. Public officers and employees to obey | 9 |
| Act-Exceptions.
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| (a) The provisions of this Chapter applicable to the | 11 |
| drivers of vehicles
upon the highways shall apply to the | 12 |
| drivers of all vehicles owned or
operated by the United States, | 13 |
| this State or any county, city, town,
district or any other | 14 |
| political subdivision of the State, except as
provided in this | 15 |
| Section and subject to such specific exceptions as set
forth in | 16 |
| this Chapter with reference to authorized emergency vehicles.
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| (b) The driver of an authorized emergency vehicle, when | 18 |
| responding to an
emergency call or when in the pursuit of an | 19 |
| actual or suspected violator of
the law or when responding to | 20 |
| but not upon returning from a fire alarm, may
exercise the | 21 |
| privileges set forth in this Section, but subject to the
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| conditions herein stated.
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| (c) The driver of an authorized emergency vehicle may:
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HB0795 |
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LRB096 03883 RLC 15776 b |
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| 1. Park or stand, irrespective of the provisions of | 2 |
| this Chapter;
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| 2. Proceed past a red or stop signal or stop sign, but | 4 |
| only after
slowing down as may be required and necessary | 5 |
| for safe operation;
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| 3. Exceed the maximum speed limits so long as he does | 7 |
| not endanger life
or property;
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| 4. Disregard regulations governing direction of | 9 |
| movement or turning in
specified directions.
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| (d) The
exceptions herein granted to an authorized | 11 |
| emergency vehicle ,
other than a police vehicle, shall apply | 12 |
| only when the vehicle is making
use of either an audible signal | 13 |
| when in motion or visual signals meeting
the requirements of | 14 |
| Section 12-215 of this Act.
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| (d-5) The driver of a police vehicle must: | 16 |
| 1. activate oscillating lights, rotating or flashing | 17 |
| lights, sirens, or any combination of such lights or sirens | 18 |
| during a high-speed vehicle response; | 19 |
| 2. use lights and sirens to warn pedestrians and other | 20 |
| persons of his or her approach during an emergency response | 21 |
| situation; and | 22 |
| 3. drive with due regard for the safety of other | 23 |
| persons and exercise due care when operating a police | 24 |
| vehicle. | 25 |
| Notwithstanding the provisions of paragraphs 1 through 3 of | 26 |
| this subsection (d-5), the driver of a police vehicle may use a |
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HB0795 |
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LRB096 03883 RLC 15776 b |
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| covert approach during an emergency response situation when the | 2 |
| situation dictates such covert approach, but must reduce speed | 3 |
| to conform with the current driving conditions in order to | 4 |
| lessen the danger posed to the general public. | 5 |
| For the purposes of this subsection (d-5): | 6 |
| "Emergency call" means an incident or call in which the | 7 |
| responding officer reasonably believes that the | 8 |
| probability of death, personal injury, or the apprehension | 9 |
| of suspected offenders exists and a rapid response by a law | 10 |
| enforcement officer will reduce the seriousness of the | 11 |
| incident. | 12 |
| "High-speed vehicle response" means the operation of a | 13 |
| police vehicle at speeds in excess of the maximum speed | 14 |
| limit when responding to an emergency call. | 15 |
| (e) The foregoing provisions do not relieve the driver of | 16 |
| an authorized
emergency vehicle from the duty of driving with | 17 |
| due regard for the safety
of all persons, nor do such | 18 |
| provisions protect the driver from the
consequences of his | 19 |
| reckless disregard for the safety of others. If an act of | 20 |
| reckless disregard causes great bodily harm or death to any | 21 |
| person or persons, that act shall be prima facie evidence that | 22 |
| the duty of due regard for the safety of all persons was not | 23 |
| met.
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| (f) Unless specifically made applicable, the provisions
of | 25 |
| this Chapter, except those contained in
Section 11-204 and | 26 |
| Articles IV and V of this Chapter, shall not
apply to persons, |
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LRB096 03883 RLC 15776 b |
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| motor vehicles and equipment while
actually engaged in work | 2 |
| upon a highway but shall
apply to such persons and vehicles | 3 |
| when traveling to or from such work.
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| (Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97 .)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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