Full Text of HB5416 98th General Assembly
HB5416 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5416 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-907 | from Ch. 95 1/2, par. 11-907 |
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Amends the Illinois Vehicle Code. Increases the penalty for failure to yield the right-of-way to an emergency vehicle or police vehicle making use of audible and visual signals from a business offense with a fine of not less than $100 or more than $10,000 to a Class B misdemeanor and if the offense results in the death of another person it is a Class 4 felony in addition to suspension of the person's license for 2 years.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 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) Except as provided in subsection (g) of this Section, a | 26 | | A person who violates subsection (c) of this Section commits a |
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| 1 | | Class B misdemeanor business
offense punishable by a fine of | 2 | | not less than $100 or more than $10,000 . It is a factor in
| 3 | | aggravation if the person committed the offense while in | 4 | | violation of Section
11-501 of this Code. Imposition of the | 5 | | penalties authorized by this subsection (d) for a violation of | 6 | | subsection (c) of this Section that results in the death of
| 7 | | another person does not preclude imposition of appropriate | 8 | | additional civil or criminal penalties.
| 9 | | (e) If a violation of subsection (c) of this Section | 10 | | results in damage to
the
property of another person, in | 11 | | addition to any other penalty imposed,
the person's driving | 12 | | privileges shall be suspended for a fixed
period of not less | 13 | | than 90 days and not more than one year.
| 14 | | (f) If a violation of subsection (c) of this Section | 15 | | results in injury to
another
person, in addition to any other | 16 | | penalty imposed,
the person's driving privileges shall be | 17 | | suspended for a fixed period of not
less
than 180
days and not | 18 | | more than 2 years.
| 19 | | (g) If a violation of subsection (c) of this Section | 20 | | results in the death of
another person, the person commits a | 21 | | Class 4 felony and, in addition to any other penalty imposed,
| 22 | | the person's driving privileges shall be suspended for 2 years.
| 23 | | (h) The Secretary of State shall, upon receiving a record | 24 | | of a judgment
entered against a person under subsection (c) of | 25 | | this Section:
| 26 | | (1) suspend the person's driving privileges for the |
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| 1 | | mandatory period; or
| 2 | | (2) extend the period of an existing suspension by the | 3 | | appropriate
mandatory period.
| 4 | | (i) Imposition of the penalties authorized by this Section | 5 | | for a violation of subsection (c) of this Section does not | 6 | | preclude imposition of appropriate additional civil or | 7 | | criminal penalties. | 8 | | (Source: P.A. 95-884, eff. 1-1-09.)
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