Rep. Jay Hoffman

Filed: 4/20/2021





10200HB3656ham002LRB102 13852 RAM 25531 a


2    AMENDMENT NO. ______. Amend House Bill 3656 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-907 and by adding Section 11-907.2 as
7    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
8    Sec. 11-907. Operation of vehicles and streetcars on
9approach of authorized emergency vehicles.
10    (a) Upon the immediate approach of an authorized emergency
11vehicle making use of audible and visual signals meeting the
12requirements of this Code or a police vehicle properly and
13lawfully 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



10200HB3656ham002- 2 -LRB102 13852 RAM 25531 a

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
11of an authorized emergency vehicle from the duty to drive with
12due regard for the safety of all persons using the highway.
13    (c) Upon approaching a stationary authorized emergency
14vehicle, when the authorized emergency vehicle is giving a
15signal by displaying alternately flashing red, red and white,
16blue, or red and blue lights or amber or yellow warning lights,
17a 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



10200HB3656ham002- 3 -LRB102 13852 RAM 25531 a

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)
5given by an authorized emergency vehicle is an indication to
6drivers of approaching vehicles that a hazardous condition is
7present when circumstances are not immediately clear. Drivers
8of vehicles approaching a stationary emergency vehicle in any
9lane shall heed the warning of the signal, reduce the speed of
10the vehicle, proceed with due caution, maintain a safe speed
11for road conditions, be prepared to stop, and leave a safe
12distance until safely passed the stationary emergency vehicle.
13    As used in this subsection (c), "authorized emergency
14vehicle" includes any vehicle authorized by law to be equipped
15with oscillating, rotating, or flashing lights under Section
1612-215 of this Code, while the owner or operator of the vehicle
17is engaged in his or her official duties.
18    (d) A person who violates subsection (c) of this Section
19commits a business offense punishable by a fine of not less
20than $250 or more than $10,000 for a first violation, and a
21fine of not less than $750 or more than $10,000 for a second or
22subsequent violation. It is a factor in aggravation if the
23person committed the offense while in violation of Section
2411-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
25penalties authorized by this subsection (d) for a violation of
26subsection (c) of this Section that results in the death of



10200HB3656ham002- 4 -LRB102 13852 RAM 25531 a

1another person does not preclude imposition of appropriate
2additional civil or criminal penalties. A person who violates
3subsection (c) and the violation results in damage to another
4vehicle commits a Class A misdemeanor. A person who violates
5subsection (c) and the violation results in the injury or
6death of another person commits a Class 4 felony.
7    (e) If a violation of subsection (c) of this Section
8results in damage to the property of another person, in
9addition to any other penalty imposed, the person's driving
10privileges shall be suspended for a fixed period of not less
11than 90 days and not more than one year.
12    (f) If a violation of subsection (c) of this Section
13results in injury to another person, in addition to any other
14penalty imposed, the person's driving privileges shall be
15suspended for a fixed period of not less than 180 days and not
16more than 2 years.
17    (g) If a violation of subsection (c) of this Section
18results in the death of another person, in addition to any
19other penalty imposed, the person's driving privileges shall
20be suspended for 2 years.
21    (h) The Secretary of State shall, upon receiving a record
22of a judgment entered against a person under subsection (c) of
23this 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



10200HB3656ham002- 5 -LRB102 13852 RAM 25531 a

1    appropriate mandatory period.
2    (i) The Scott's Law Fund shall be a special fund in the
3State treasury. Subject to appropriation by the General
4Assembly and approval by the Director, the Director of the
5State Police shall use all moneys in the Scott's Law Fund in
6the Department's discretion to fund the production of
7materials to educate drivers on approaching stationary
8authorized emergency vehicles, to hire off-duty Department of
9State Police for enforcement of this Section, and for other
10law enforcement purposes the Director deems necessary in these
12    (j) For violations of this Section issued by a county or
13municipal police officer, the assessment shall be deposited
14into the county's or municipality's Transportation Safety
15Highway Hire-back Fund. The county shall use the moneys in its
16Transportation Safety Highway Hire-back Fund to hire off-duty
17county police officers to monitor construction or maintenance
18zones in that county on highways other than interstate
19highways. The county, in its discretion, may also use a
20portion of the moneys in its Transportation Safety Highway
21Hire-back Fund to purchase equipment for county law
22enforcement and fund the production of materials to educate
23drivers on construction zone safe driving habits and
24approaching stationary authorized emergency vehicles.
25(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)



10200HB3656ham002- 6 -LRB102 13852 RAM 25531 a

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
4study the issue of violations of Sections 11-907, 11-907.5,
5and 11-908 with attention to the causes of violations and ways
6to protect law enforcement and emergency responders.
7    (b) The Move Over Early Warning Task Force shall study new
8technologies and early warning systems in cellular phones and
9vehicles that alert the public to the presence of first
10responders and road safety hazards.
11    (c) The membership of the Task Force shall consist of the
12following 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;



10200HB3656ham002- 7 -LRB102 13852 RAM 25531 a

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
12compensation and may meet remotely via telephone or live video
13conference platforms.
14    (e) The Task Force shall meet and present its report and
15recommendations, including legislative recommendations, if
16any, on how to better enforce the provisions described in
17subsection (a) and use 21st-century driver communication
18technology to prevent fatalities and injuries on Illinois
19roadways, to the General Assembly no later than January 1,
21    (f) The Illinois State Police shall provide administrative
22support to the Task Force as needed.
23    (g) This Section is repealed on January 1, 2024.".