HB4255ham002 103RD GENERAL ASSEMBLY

Rep. Amy Elik

Filed: 4/10/2024

 

 


 

 


 
10300HB4255ham002LRB103 34476 RTM 72067 a

1
AMENDMENT TO HOUSE BILL 4255

2    AMENDMENT NO. ______. Amend House Bill 4255, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Sections 11-213, 11-907, and 12-215 as follows:
 
7    (625 ILCS 5/11-213)
8    Sec. 11-213. Power of a fire department officer; highway
9or lane closure. In the absence of a law enforcement officer or
10a representative of the highway agency having jurisdiction
11over the highway, an officer of a fire department, in the
12performance of his or her official duties, has the authority
13to close to traffic a highway, or a lane or lanes of a highway,
14as necessary to protect the safety of persons or property. In
15order to promote the safe implementation of this Section, the
16fire department officer shall utilize an official fire

 

 

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1department vehicle with lighted red or white oscillating,
2rotating, or flashing lights in accordance with Section 12-215
3of this Code and proper temporary traffic control in
4accordance with the sections of the Illinois Manual on Uniform
5Traffic Control Devices concerning temporary traffic control
6and incident management. The officer should also receive
7training in safe practices for accomplishing these tasks near
8traffic. This Section does not apply to highways under the
9jurisdiction of the Illinois State Toll Highway Authority. As
10used in this Section, "highway" has the meaning set forth in
11Section 1-126 of this Code.
12(Source: P.A. 95-803, eff. 1-1-09.)
 
13    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
14    Sec. 11-907. Operation of vehicles and streetcars on
15approach of authorized emergency vehicles.
16    (a) Upon the immediate approach of an authorized emergency
17vehicle making use of audible and visual signals meeting the
18requirements of this Code or a police vehicle properly and
19lawfully making use of an audible or visual signal:
20        (1) the driver of every other vehicle shall yield the
21    right-of-way and shall immediately drive to a position
22    parallel to, and as close as possible to, the right-hand
23    edge or curb of the highway clear of any intersection and
24    shall, if necessary to permit the safe passage of the
25    emergency vehicle, stop and remain in such position until

 

 

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1    the authorized emergency vehicle has passed, unless
2    otherwise directed by a police officer; and
3        (2) the operator of every streetcar shall immediately
4    stop such car clear of any intersection and keep it in such
5    position until the authorized emergency vehicle has
6    passed, unless otherwise directed by a police officer.
7    (b) This Section shall not operate to relieve the driver
8of an authorized emergency vehicle from the duty to drive with
9due regard for the safety of all persons using the highway.
10    (c) Upon approaching a stationary authorized emergency
11vehicle, when the authorized emergency vehicle is giving a
12visual signal by displaying oscillating, rotating, or
13alternately flashing lights as authorized under Section 12-215
14of this Code red, red and white, blue, or red and blue lights
15or amber or yellow warning lights, a person who drives an
16approaching vehicle shall:
17        (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
23    approaching vehicle; or
24        (2) if changing lanes would be impossible or unsafe,
25    proceeding with due caution, reduce the speed of the
26    vehicle, maintaining a safe speed for road conditions and

 

 

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1    leaving a safe distance until safely past the stationary
2    emergency vehicles.
3    The visual signal specified under this subsection (c)
4given by an authorized emergency vehicle is an indication to
5drivers of approaching vehicles that a hazardous condition is
6present when circumstances are not immediately clear. Drivers
7of vehicles approaching a stationary emergency vehicle in any
8lane shall heed the warning of the signal, reduce the speed of
9the vehicle, proceed with due caution, maintain a safe speed
10for road conditions, be prepared to stop, and leave a safe
11distance until safely passed the stationary emergency vehicle.
12    As used in this subsection (c), "authorized emergency
13vehicle" includes any vehicle authorized by law to be equipped
14with oscillating, rotating, or flashing lights under Section
1512-215 of this Code, while the owner or operator of the vehicle
16is engaged in his or her official duties.
17    (d) A person who violates subsection (c) of this Section
18commits a business offense punishable by a fine of not less
19than $250 or more than $10,000 for a first violation, and a
20fine of not less than $750 or more than $10,000 for a second or
21subsequent violation. It is a factor in aggravation if the
22person committed the offense while in violation of Section
2311-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
24penalties authorized by this subsection (d) for a violation of
25subsection (c) of this Section that results in the death of
26another person does not preclude imposition of appropriate

 

 

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

 

 

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1    (i) The Scott's Law Fund shall be a special fund in the
2State treasury. Subject to appropriation by the General
3Assembly and approval by the Director, the Director of the
4State Police shall use all moneys in the Scott's Law Fund in
5the Department's discretion to fund the production of
6materials to educate drivers on approaching stationary
7authorized emergency vehicles, to hire off-duty Illinois
8Department of State Police for enforcement of this Section,
9and for other law enforcement purposes the Director deems
10necessary in these efforts.
11    (j) For violations of this Section issued by a county or
12municipal police officer, the assessment shall be deposited
13into the county's or municipality's Transportation Safety
14Highway Hire-back Fund. The county shall use the moneys in its
15Transportation Safety Highway Hire-back Fund to hire off-duty
16county police officers to monitor construction or maintenance
17zones in that county on highways other than interstate
18highways. The county, in its discretion, may also use a
19portion of the moneys in its Transportation Safety Highway
20Hire-back Fund to purchase equipment for county law
21enforcement and fund the production of materials to educate
22drivers on construction zone safe driving habits and
23approaching stationary authorized emergency vehicles.
24    (k) In addition to other penalties imposed by this
25Section, the court may order a person convicted of a violation
26of subsection (c) to perform community service as determined

 

 

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1by the court.
2(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
3102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
4    (625 ILCS 5/12-215)
5    Sec. 12-215. Oscillating, rotating, or flashing lights on
6motor vehicles. Except as otherwise provided in this Code:
7    (a) The use of red or white oscillating, rotating, or
8flashing lights, whether lighted or unlighted, is prohibited
9except on:
10        1. Law enforcement vehicles of State, federal, or
11    local authorities;
12        2. A vehicle operated by a police officer or county
13    coroner and designated or authorized by local authorities,
14    in writing, as a law enforcement vehicle; however, such
15    designation or authorization must be carried in the
16    vehicle;
17        2.1. A vehicle operated by a fire chief, deputy fire
18    chief, or assistant fire chief who has completed an
19    emergency vehicle operation training course approved by
20    the Office of the State Fire Marshal and designated or
21    authorized by local authorities, fire departments, or fire
22    protection districts, in writing, as a fire department,
23    fire protection district, or township fire department
24    vehicle; however, the designation or authorization must be
25    carried in the vehicle, and the lights may be visible or

 

 

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1    activated only when responding to a bona fide emergency;
2        3. Vehicles of local fire departments and State or
3    federal firefighting vehicles;
4        4. Vehicles which are designed and used exclusively as
5    ambulances or rescue vehicles; furthermore, such lights
6    shall not be lighted except when responding to an
7    emergency call for and while actually conveying the sick
8    or injured;
9        4.5. Vehicles which are occasionally used as rescue
10    vehicles that have been authorized for use as rescue
11    vehicles by a volunteer EMS provider, provided that the
12    operator of the vehicle has successfully completed an
13    emergency vehicle operation training course recognized by
14    the Department of Public Health; furthermore, the lights
15    shall not be lighted except when responding to an
16    emergency call for the sick or injured;
17        5. Tow trucks licensed in a state that requires such
18    lights; furthermore, such lights shall not be lighted on
19    any such tow truck while the tow truck is operating in the
20    State of Illinois;
21        6. Vehicles of the Illinois Emergency Management
22    Agency, vehicles of the Office of the Illinois State Fire
23    Marshal, vehicles of the Illinois Department of Public
24    Health, vehicles of the Illinois Department of
25    Corrections, and vehicles of the Illinois Department of
26    Juvenile Justice;

 

 

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1        7. Vehicles operated by a local or county emergency
2    management services agency as defined in the Illinois
3    Emergency Management Agency Act;
4        8. School buses operating alternately flashing head
5    lamps as permitted under Section 12-805 of this Code;
6        9. Vehicles that are equipped and used exclusively as
7    organ transplant vehicles when used in combination with
8    blue oscillating, rotating, or flashing lights;
9    furthermore, these lights shall be lighted only when the
10    transportation is declared an emergency by a member of the
11    transplant team or a representative of the organ
12    procurement organization;
13        10. Vehicles of the Illinois Department of Natural
14    Resources that are used for mine rescue and explosives
15    emergency response;
16        11. Vehicles of the Illinois Department of
17    Transportation identified as Emergency Traffic Patrol; the
18    lights shall not be lighted except when responding to an
19    emergency call or when parked or stationary while engaged
20    in motor vehicle assistance or at the scene of the
21    emergency; and
22        12. Vehicles of the Illinois State Toll Highway
23    Authority with a gross vehicle weight rating of 9,000
24    pounds or more and those identified as Highway Emergency
25    Lane Patrol; the lights shall not be lighted except when
26    responding to an emergency call or when parked or

 

 

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1    stationary while engaged in motor vehicle assistance or at
2    the scene of the emergency.
3    (b) The use of amber oscillating, rotating, or flashing
4lights, whether lighted or unlighted, is prohibited except on:
5        1. Second division vehicles designed and used for
6    towing or hoisting vehicles; furthermore, such lights
7    shall not be lighted except as required in this paragraph
8    1; such lights shall be lighted when such vehicles are
9    actually being used at the scene of a crash or
10    disablement; if the towing vehicle is equipped with a flat
11    bed that supports all wheels of the vehicle being
12    transported, the lights shall not be lighted while the
13    vehicle is engaged in towing on a highway; if the towing
14    vehicle is not equipped with a flat bed that supports all
15    wheels of a vehicle being transported, the lights shall be
16    lighted while the towing vehicle is engaged in towing on a
17    highway during all times when the use of headlights is
18    required under Section 12-201 of this Code; in addition,
19    these vehicles may use white oscillating, rotating, or
20    flashing lights in combination with amber oscillating,
21    rotating, or flashing lights as provided in this
22    paragraph;
23        2. Motor vehicles or equipment of the State of
24    Illinois, the Illinois State Toll Highway Authority, local
25    authorities, and contractors; furthermore, such lights
26    shall not be lighted except while such vehicles are

 

 

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1    engaged in maintenance or construction operations within
2    the limits of construction projects;
3        3. Vehicles or equipment used by engineering or survey
4    crews; furthermore, such lights shall not be lighted
5    except while such vehicles are actually engaged in work on
6    a highway;
7        4. Vehicles of public utilities, municipalities, or
8    other construction, maintenance, or automotive service
9    vehicles except that such lights shall be lighted only as
10    a means for indicating the presence of a vehicular traffic
11    hazard requiring unusual care in approaching, overtaking,
12    or passing while such vehicles are engaged in maintenance,
13    service, or construction on a highway;
14        5. Oversized vehicle or load; however, such lights
15    shall only be lighted when moving under permit issued by
16    the Department under Section 15-301 of this Code;
17        6. The front and rear of motorized equipment owned and
18    operated by the State of Illinois or any political
19    subdivision thereof, which is designed and used for
20    removal of snow and ice from highways;
21        6.1. The front and rear of motorized equipment or
22    vehicles that (i) are not owned by the State of Illinois or
23    any political subdivision of the State, (ii) are designed
24    and used for removal of snow and ice from highways and
25    parking lots, and (iii) are equipped with a snow plow that
26    is 12 feet in width; these lights may not be lighted except

 

 

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1    when the motorized equipment or vehicle is actually being
2    used for those purposes on behalf of a unit of government;
3        7. Fleet safety vehicles registered in another state,
4    furthermore, such lights shall not be lighted except as
5    provided for in Section 12-212 of this Code;
6        8. Such other vehicles as may be authorized by local
7    authorities;
8        9. Law enforcement vehicles of State or local
9    authorities when used in combination with red oscillating,
10    rotating, or flashing lights;
11        9.5. Propane delivery trucks;
12        10. Vehicles used for collecting or delivering mail
13    for the United States Postal Service provided that such
14    lights shall not be lighted except when such vehicles are
15    actually being used for such purposes;
16        10.5. Vehicles of the Office of the Illinois State
17    Fire Marshal, provided that such lights shall not be
18    lighted except for when such vehicles are engaged in work
19    for the Office of the Illinois State Fire Marshal;
20        11. Any vehicle displaying a slow-moving vehicle
21    emblem as provided in Section 12-205.1;
22        12. All trucks equipped with self-compactors or
23    roll-off hoists and roll-on containers for garbage,
24    recycling, or refuse hauling. Such lights shall not be
25    lighted except when such vehicles are actually being used
26    for such purposes;

 

 

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1        13. Vehicles used by a security company, alarm
2    responder, control agency, or the Illinois Department of
3    Corrections;
4        14. Security vehicles of the Department of Human
5    Services; however, the lights shall not be lighted except
6    when being used for security related purposes under the
7    direction of the superintendent of the facility where the
8    vehicle is located; and
9        15. Vehicles of union representatives, except that the
10    lights shall be lighted only while the vehicle is within
11    the limits of a construction project.
12    (c) The use of blue oscillating, rotating, or flashing
13lights, whether lighted or unlighted, is prohibited except on:
14        1. Rescue squad vehicles not owned by a fire
15    department or fire protection district and vehicles owned
16    or operated by a:
17            voluntary firefighter;
18            paid firefighter;
19            part-paid firefighter;
20            call firefighter;
21            member of the board of trustees of a fire
22        protection district;
23            paid or unpaid member of a rescue squad;
24            paid or unpaid member of a voluntary ambulance
25        unit; or
26            paid or unpaid members of a local or county

 

 

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1        emergency management services agency as defined in the
2        Illinois Emergency Management Agency Act, designated
3        or authorized by local authorities, in writing, and
4        carrying that designation or authorization in the
5        vehicle.
6        However, such lights are not to be lighted except when
7    responding to a bona fide emergency or when parked or
8    stationary at the scene of a fire, rescue call, ambulance
9    call, or motor vehicle crash.
10        Any person using these lights in accordance with this
11    subdivision (c)1 must carry on his or her person an
12    identification card or letter identifying the bona fide
13    member of a fire department, fire protection district,
14    rescue squad, ambulance unit, or emergency management
15    services agency that owns or operates that vehicle. The
16    card or letter must include:
17            (A) the name of the fire department, fire
18        protection district, rescue squad, ambulance unit, or
19        emergency management services agency;
20            (B) the member's position within the fire
21        department, fire protection district, rescue squad,
22        ambulance unit, or emergency management services
23        agency;
24            (C) the member's term of service; and
25            (D) the name of a person within the fire
26        department, fire protection district, rescue squad,

 

 

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1        ambulance unit, or emergency management services
2        agency to contact to verify the information provided.
3        2. Police department vehicles in cities having a
4    population of 500,000 or more inhabitants.
5        3. Law enforcement vehicles of State or local
6    authorities when used in combination with red oscillating,
7    rotating, or flashing lights.
8        4. Vehicles of local fire departments and State or
9    federal firefighting vehicles when used in combination
10    with red oscillating, rotating, or flashing lights.
11        5. Vehicles which are designed and used exclusively as
12    ambulances or rescue vehicles when used in combination
13    with red oscillating, rotating, or flashing lights;
14    furthermore, such lights shall not be lighted except when
15    responding to an emergency call.
16        6. Vehicles that are equipped and used exclusively as
17    organ transport vehicles when used in combination with red
18    oscillating, rotating, or flashing lights; furthermore,
19    these lights shall only be lighted when the transportation
20    is declared an emergency by a member of the transplant
21    team or a representative of the organ procurement
22    organization.
23        7. Vehicles of the Illinois Emergency Management
24    Agency, vehicles of the Office of the Illinois State Fire
25    Marshal, vehicles of the Illinois Department of Public
26    Health, vehicles of the Illinois Department of

 

 

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1    Corrections, and vehicles of the Illinois Department of
2    Juvenile Justice, when used in combination with red
3    oscillating, rotating, or flashing lights.
4        8. Vehicles operated by a local or county emergency
5    management services agency as defined in the Illinois
6    Emergency Management Agency Act, when used in combination
7    with red oscillating, rotating, or flashing lights.
8        9. Vehicles of the Illinois Department of Natural
9    Resources that are used for mine rescue and explosives
10    emergency response, when used in combination with red
11    oscillating, rotating, or flashing lights.
12    (c-1) In addition to the blue oscillating, rotating, or
13flashing lights permitted under subsection (c), and
14notwithstanding subsection (a), a vehicle operated by a
15voluntary firefighter, a voluntary member of a rescue squad,
16or a member of a voluntary ambulance unit may be equipped with
17flashing white headlights and blue grill lights, which may be
18used only in responding to an emergency call or when parked or
19stationary at the scene of a fire, rescue call, ambulance
20call, or motor vehicle crash.
21    (c-2) In addition to the blue oscillating, rotating, or
22flashing lights permitted under subsection (c), and
23notwithstanding subsection (a), a vehicle operated by a paid
24or unpaid member of a local or county emergency management
25services agency as defined in the Illinois Emergency
26Management Agency Act, may be equipped with white oscillating,

 

 

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1rotating, or flashing lights to be used in combination with
2blue oscillating, rotating, or flashing lights, if
3authorization by local authorities is in writing and carried
4in the vehicle.
5    (d) The use of a combination of amber and white
6oscillating, rotating, or flashing lights, whether lighted or
7unlighted, is prohibited except on second division vehicles
8designed and used for towing or hoisting vehicles or motor
9vehicles or equipment of the State of Illinois, local
10authorities, contractors, and union representatives;
11furthermore, such lights shall not be lighted on second
12division vehicles designed and used for towing or hoisting
13vehicles or vehicles of the State of Illinois, local
14authorities, and contractors except while such vehicles are
15engaged in a tow operation, highway maintenance, or
16construction operations within the limits of highway
17construction projects, and shall not be lighted on the
18vehicles of union representatives except when those vehicles
19are within the limits of a construction project.
20    (d-5) The use of green oscillating, flashing, or rotating
21lights, whether lighted or unlighted, is prohibited except on:
22        1. Second division vehicles designed and used for
23    towing or hoisting vehicles when the lights on those
24    vehicles are used in combination with amber or amber and
25    white oscillating, flashing, or rotating lights;
26    furthermore, such lights shall not be lighted except when

 

 

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1    such vehicles are actually being used at the scene of a
2    crash or disablement.
3        2. Motor vehicles or equipment of the State of
4    Illinois when the lights on those vehicles or equipment
5    are used in combination with amber or amber and white
6    oscillating, flashing, or rotating lights; furthermore,
7    such lights shall not be lighted except while such
8    vehicles or equipment are engaged in maintenance
9    operations, snow and ice removal operations, or performing
10    traffic control and protection duties while at an
11    emergency scene.
12        3. Motor vehicles of the Department of Transportation
13    identified as Emergency Traffic Patrol when the lights on
14    those vehicles are used in combination with red and white
15    oscillating, flashing, or rotating lights when responding
16    to an emergency call or when parked or stationary while
17    engaged in motor vehicle assistance or at an emergency
18    scene.
19        4. Motor vehicles of the Illinois State Toll Highway
20    Authority when the lights on those vehicles are used in
21    combination with amber oscillating, flashing, or rotating
22    lights; furthermore, such lights shall not be lighted
23    except while such vehicles are engaged in maintenance
24    operations, snow and ice removal operations, or performing
25    traffic control and protection duties while at an
26    emergency scene.

 

 

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1        5. Motor vehicles of the Illinois State Toll Highway
2    Authority with a gross vehicle weight rating of 9,000
3    pounds or more and those identified as Highway Emergency
4    Lane Patrol when the lights on those vehicles are used in
5    combination with red and white oscillating, flashing, or
6    rotating lights when responding to an emergency call or
7    when parked or stationary while engaged in motor vehicle
8    assistance or at the scene of the emergency.
9        6. Motor vehicles or equipment of local authority or
10    municipalities which perform highway maintenance
11    operations, when the lights on those vehicles are used in
12    combination with amber or amber and white oscillating,
13    flashing, or rotating lights; furthermore, such lights
14    shall not be lighted except while such vehicles are
15    engaged in the maintenance operations, snow and ice
16    removal operations, or performing traffic control and
17    protection duties while at an emergency scene.
18        7. Fire department vehicles of local fire departments
19    and State or federal firefighting vehicles when the lights
20    on those vehicles are used in combination with red, or red
21    and white, or red and blue, oscillating, rotating, or
22    flashing lights.
23        8. Vehicles used by a security company when the lights
24    on those vehicles are used in combination with amber
25    oscillating, flashing, or rotating lights; furthermore,
26    such lights shall not be lighted except when the vehicle

 

 

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1    is being operated upon the property or location where the
2    security company is employed to perform security or crime
3    prevention duties.
4        9. Ambulances or rescue vehicles operating in counties
5    with populations of less than 2,000,000.
6    (d-10) Fire department vehicles of local fire departments
7and State or federal firefighting vehicles, police vehicles of
8State, federal, or local authorities, and vehicles designated
9by local or State authority, while parked at an emergency
10scene, may use a steady-on illumination or steady-burn, or
11flashing green beacon or beacons if such steady-on,
12steady-burn, or flashing beacon is used to indicate an
13emergency operations command post or incident command
14location.
15    (e) All oscillating, rotating, or flashing lights referred
16to in this Section shall be of sufficient intensity, when
17illuminated, to be visible at 500 feet in normal sunlight.
18    (f) Nothing in this Section shall prohibit a manufacturer
19of oscillating, rotating, or flashing lights or his
20representative or authorized vendor from temporarily mounting
21such lights on a vehicle for demonstration purposes only. If
22the lights are not covered while the vehicle is operated upon a
23highway, the vehicle shall display signage indicating that the
24vehicle is out of service or not an emergency vehicle. The
25signage shall be displayed on all sides of the vehicle in
26letters at least 2 inches tall and one-half inch wide. A

 

 

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1vehicle authorized to have oscillating, rotating, or flashing
2lights mounted for demonstration purposes may not activate the
3lights while the vehicle is operated upon a highway.
4    (g) Any person violating the provisions of subsection (a),
5(b), (c), or (d), (d-5), or (d-10)
of this Section who without
6lawful authority stops or detains or attempts to stop or
7detain another person shall be guilty of a Class 2 felony.
8    (h) Except as provided in subsection (g) above, any person
9violating the provisions of subsection (a) or (c) of this
10Section shall be guilty of a Class A misdemeanor.
11(Source: P.A. 102-842, eff. 1-1-23; 102-982, eff. 7-1-23;
12103-154, eff. 6-30-23.)".