Full Text of HB3656 102nd General Assembly
HB3656ham002 102ND GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3656
| 2 | | AMENDMENT NO. ______. Amend House Bill 3656 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-907 and by adding Section 11-907.2 as | 6 | | follows:
| 7 | | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
| 8 | | Sec. 11-907. Operation of vehicles and streetcars on | 9 | | approach of authorized
emergency
vehicles. | 10 | | (a) Upon the immediate approach of an authorized emergency | 11 | | vehicle
making use of audible and visual signals meeting the | 12 | | requirements of this
Code or a police vehicle properly and | 13 | | lawfully making use of an audible
or visual signal:
| 14 | | (1) the driver of every other vehicle
shall yield the | 15 | | right-of-way and shall immediately drive to a position
| 16 | | parallel to, and as close as possible to, the right-hand |
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| 1 | | edge or curb of
the highway clear of any intersection and | 2 | | shall, if necessary to permit
the safe passage of the | 3 | | emergency vehicle, stop and remain
in such position until | 4 | | the authorized emergency vehicle has passed, unless
| 5 | | otherwise directed by a police officer; and
| 6 | | (2) the operator of every streetcar shall
immediately | 7 | | stop such
car clear of any intersection and keep it in such | 8 | | position until the
authorized emergency vehicle has | 9 | | passed, unless otherwise
directed by
a police officer.
| 10 | | (b) This Section shall not operate to relieve the driver | 11 | | of an
authorized emergency vehicle from the duty to drive with | 12 | | due regard for the
safety of all persons using the highway.
| 13 | | (c) Upon approaching a stationary authorized emergency | 14 | | vehicle, when the
authorized emergency vehicle is giving a | 15 | | signal by displaying alternately
flashing
red, red and white, | 16 | | blue, or red and blue lights or amber or yellow warning
lights, | 17 | | a
person who drives an approaching vehicle shall:
| 18 | | (1) proceeding with due caution, yield the | 19 | | right-of-way by making a
lane change into a lane not | 20 | | adjacent to that of the authorized
emergency vehicle, if | 21 | | possible with due regard to safety and traffic
conditions, | 22 | | if on a highway having at least 4 lanes with not less
than | 23 | | 2 lanes proceeding in the same direction as the | 24 | | approaching
vehicle; or
| 25 | | (2) if changing lanes would be impossible or unsafe, | 26 | | proceeding with due caution, reduce the speed of the |
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| 1 | | vehicle,
maintaining a safe speed for road conditions and | 2 | | leaving a safe distance until safely past the stationary | 3 | | emergency vehicles.
| 4 | | The visual signal specified under this subsection (c) | 5 | | given by an authorized emergency vehicle is an indication to | 6 | | drivers of approaching vehicles that a hazardous condition is | 7 | | present when circumstances are not immediately clear. Drivers | 8 | | of vehicles approaching a stationary emergency vehicle in any | 9 | | lane shall heed the warning of the signal, reduce the speed of | 10 | | the vehicle, proceed with due caution, maintain a safe speed | 11 | | for road conditions, be prepared to stop, and leave a safe | 12 | | distance until safely passed the stationary emergency vehicle. | 13 | | As used in this subsection (c), "authorized emergency | 14 | | vehicle"
includes any vehicle authorized by law to be equipped | 15 | | with oscillating,
rotating, or flashing lights under Section | 16 | | 12-215 of this Code, while the owner
or operator of the vehicle | 17 | | is engaged in his or her official duties.
| 18 | | (d) A person who violates subsection (c) of this Section | 19 | | commits a business
offense punishable by a fine of not less | 20 | | than $250 or more than $10,000 for a first violation, and a | 21 | | fine of not less than $750 or more than $10,000 for a second or | 22 | | subsequent violation. It is a factor in
aggravation if the | 23 | | person committed the offense while in violation of Section
| 24 | | 11-501 , 12-610.1, or 12-610.2 of this Code. Imposition of the | 25 | | penalties authorized by this subsection (d) for a violation of | 26 | | subsection (c) of this Section that results in the death of
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| 1 | | another person does not preclude imposition of appropriate | 2 | | additional civil or criminal penalties. A person who violates | 3 | | subsection (c) and the violation results in damage to another | 4 | | vehicle commits a Class A misdemeanor. A person who violates | 5 | | subsection (c) and the violation results in the injury or | 6 | | death of another person commits a Class 4 felony.
| 7 | | (e) If a violation of subsection (c) of this Section | 8 | | results in damage to
the
property of another person, in | 9 | | addition to any other penalty imposed,
the person's driving | 10 | | privileges shall be suspended for a fixed
period of not less | 11 | | than 90 days and not more than one year.
| 12 | | (f) If a violation of subsection (c) of this Section | 13 | | results in injury to
another
person, in addition to any other | 14 | | penalty imposed,
the person's driving privileges shall be | 15 | | suspended for a fixed period of not
less
than 180
days and not | 16 | | more than 2 years.
| 17 | | (g) If a violation of subsection (c) of this Section | 18 | | results in the death of
another person, in addition to any | 19 | | other penalty imposed,
the person's driving privileges shall | 20 | | be suspended for 2 years.
| 21 | | (h) The Secretary of State shall, upon receiving a record | 22 | | of a judgment
entered against a person under subsection (c) of | 23 | | this Section:
| 24 | | (1) suspend the person's driving privileges for the | 25 | | mandatory period; or
| 26 | | (2) extend the period of an existing suspension by the |
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| 1 | | appropriate
mandatory period.
| 2 | | (i) The Scott's Law Fund shall be a special fund in the | 3 | | State treasury. Subject to appropriation by the General | 4 | | Assembly and approval by the Director, the Director of the | 5 | | State Police shall use all moneys in the Scott's Law Fund in | 6 | | the Department's discretion to fund the production of | 7 | | materials to educate drivers on approaching stationary | 8 | | authorized emergency vehicles, to hire off-duty Department of | 9 | | State Police for enforcement of this Section, and for other | 10 | | law enforcement purposes the Director deems necessary in these | 11 | | efforts. | 12 | | (j) For violations of this Section issued by a county or | 13 | | municipal police officer, the assessment shall be deposited | 14 | | into the county's or municipality's Transportation Safety | 15 | | Highway Hire-back Fund. The county shall use the moneys in its | 16 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 17 | | county police officers to monitor construction or maintenance | 18 | | zones in that county on highways other than interstate | 19 | | highways. The county, in its discretion, may also use a | 20 | | portion of the moneys in its Transportation Safety Highway | 21 | | Hire-back Fund to purchase equipment for county law | 22 | | enforcement and fund the production of materials to educate | 23 | | drivers on construction zone safe driving habits and | 24 | | approaching stationary authorized emergency vehicles. | 25 | | (Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20 .)
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| 1 | | (625 ILCS 5/11-907.2 new) | 2 | | Sec. 11-907.2. Move Over Early Warning Task Force. | 3 | | (a) The Move Over Early Warning Task Force is created to | 4 | | study the issue of violations of Sections 11-907, 11-907.5, | 5 | | and 11-908 with attention to the causes of violations and ways | 6 | | to protect law enforcement and emergency responders. | 7 | | (b) The Move Over Early Warning Task Force shall study new | 8 | | technologies and early warning systems in cellular phones and | 9 | | vehicles that alert the public to the presence of first | 10 | | responders and road safety hazards. | 11 | | (c) The membership of the Task Force shall consist of the | 12 | | following members: | 13 | | (1) the Director of State Police or his or her | 14 | | designee, who shall serve as chair; | 15 | | (2) the Secretary of State or his or her designee; | 16 | | (3) the Secretary of Transportation or his or her | 17 | | designee; | 18 | | (4) the Illinois Commerce Commission Chair or his or | 19 | | her designee; | 20 | | (5) the Statewide 911 Administrator; | 21 | | (6) the Director of the Illinois Toll Highway | 22 | | Authority or his or her designee; | 23 | | (7) the President of the Illinois Association of | 24 | | Chiefs of Police or his or her designee; | 25 | | (8) the President of the Illinois Sheriffs' | 26 | | Association or his or her designee; |
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| 1 | | (9) the President of the Associated Fire Fighters of | 2 | | Illinois or his or her designee; | 3 | | (10) the following persons appointed by the Governor: | 4 | | (A) one representative of a statewide trucking | 5 | | association; | 6 | | (B) one representative of a Chicago area motor | 7 | | club; | 8 | | (C) one incumbent local exchange carrier; and | 9 | | (D) two representatives from a large wireless | 10 | | carrier. | 11 | | (d) The members of the Task Force shall serve without | 12 | | compensation and may meet remotely via telephone or live video | 13 | | conference platforms. | 14 | | (e) The Task Force shall meet and present its report and | 15 | | recommendations, including legislative recommendations, if | 16 | | any, on how to better enforce the provisions described in | 17 | | subsection (a) and use 21st-century driver communication | 18 | | technology to prevent fatalities and injuries on Illinois | 19 | | roadways, to the General Assembly no later than January 1, | 20 | | 2023. | 21 | | (f) The Illinois State Police shall provide administrative | 22 | | support to the Task Force as needed. | 23 | | (g) This Section is repealed on January 1, 2024. ".
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