Illinois General Assembly - Full Text of HB5370
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Full Text of HB5370  103rd General Assembly

HB5370 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5370

 

Introduced 2/9/2024, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-907  from Ch. 95 1/2, par. 11-907
625 ILCS 5/11-908  from Ch. 95 1/2, par. 11-908

    Amends the Illinois Vehicle Code. Requires that upon approaching an emergency scene, a stationary authorized emergency vehicle, or a construction or maintenance area or zone, a person who drives a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision and leaving a safe distance until safely past the stationary authorized emergency vehicle, or construction or maintenance area or zone. Provides that if changing lanes would be impossible or unsafe, proceeding with due caution, reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision, or until safely past the construction or maintenance area or zone.


LRB103 39481 RPS 69676 b

 

 

A BILL FOR

 

HB5370LRB103 39481 RPS 69676 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-907 and 11-908 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
8approach of authorized emergency vehicles.
9    (a) Upon the immediate approach of an authorized emergency
10vehicle making use of audible and visual signals meeting the
11requirements of this Code or a police vehicle properly and
12lawfully 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

 

 

HB5370- 2 -LRB103 39481 RPS 69676 b

1    passed, unless otherwise directed by a police officer.
2    (b) This Section shall not operate to relieve the driver
3of an authorized emergency vehicle from the duty to drive with
4due regard for the safety of all persons using the highway.
5    (c) Upon approaching a stationary authorized emergency
6vehicle or emergency scene, when the stationary authorized
7emergency vehicle is giving a signal by displaying alternately
8flashing red, red and white, blue, or red and blue lights or
9amber or yellow warning lights, a person who drives an
10approaching vehicle shall:
11        (1) proceeding with due caution, yield the
12    right-of-way by making a lane change into a lane not
13    adjacent to that of the authorized emergency vehicle, if
14    possible with due regard to safety and traffic conditions,
15    if on a highway having at least 4 lanes with not less than
16    2 lanes proceeding in the same direction as the
17    approaching vehicle and reduce the speed of the vehicle to
18    a speed that is reasonable and proper with regard to
19    traffic conditions and the use of the highway to avoid a
20    collision and leaving a safe distance until safely past
21    the stationary emergency vehicle; or
22        (2) if changing lanes would be impossible or unsafe,
23    proceeding with due caution, reduce the speed of the
24    vehicle to a speed that is reasonable and proper with
25    regard to traffic conditions and the use of the highway to
26    avoid a collision, maintaining a safe speed for road

 

 

HB5370- 3 -LRB103 39481 RPS 69676 b

1    conditions and leaving a safe distance until safely past
2    the stationary emergency vehicles.
3    The visual signal specified under this subsection (c)
4given by a stationary an authorized emergency vehicle is an
5indication to drivers of approaching vehicles that a hazardous
6condition is present when circumstances are not immediately
7clear. Drivers of vehicles approaching a stationary authorized
8emergency vehicle in any lane shall heed the warning of the
9signal, reduce the speed of the vehicle, proceed with due
10caution, maintain a safe speed for road conditions, be
11prepared to stop, and leave a safe distance until safely
12passed 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. As used in this
18subsection (c), "emergency scene" means a location where a
19stationary authorized emergency vehicle as defined by herein
20is present and has activated its oscillating, rotating, or
21flashing lights.
22    (d) A person who violates subsection (c) of this Section
23commits a business offense punishable by a fine of not less
24than $250 or more than $10,000 for a first violation, and a
25fine of not less than $750 or more than $10,000 for a second or
26subsequent violation. It is a factor in aggravation if the

 

 

HB5370- 4 -LRB103 39481 RPS 69676 b

1person committed the offense while in violation of Section
211-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
3penalties authorized by this subsection (d) for a violation of
4subsection (c) of this Section that results in the death of
5another person does not preclude imposition of appropriate
6additional civil or criminal penalties. A person who violates
7subsection (c) and the violation results in damage to another
8vehicle commits a Class A misdemeanor. A person who violates
9subsection (c) and the violation results in the injury or
10death of another person commits a Class 4 felony.
11    (e) If a violation of subsection (c) of this Section
12results in damage to the property of another person, in
13addition to any other penalty imposed, the person's driving
14privileges shall be suspended for a fixed period of not less
15than 90 days and not more than one year.
16    (f) If a violation of subsection (c) of this Section
17results in injury to another person, in addition to any other
18penalty imposed, the person's driving privileges shall be
19suspended for a fixed period of not less than 180 days and not
20more than 2 years.
21    (g) If a violation of subsection (c) of this Section
22results in the death of another person, in addition to any
23other penalty imposed, the person's driving privileges shall
24be suspended for 2 years.
25    (h) The Secretary of State shall, upon receiving a record
26of a judgment entered against a person under subsection (c) of

 

 

HB5370- 5 -LRB103 39481 RPS 69676 b

1this Section:
2        (1) suspend the person's driving privileges for the
3    mandatory period; or
4        (2) extend the period of an existing suspension by the
5    appropriate mandatory period.
6    (i) The Scott's Law Fund shall be a special fund in the
7State treasury. Subject to appropriation by the General
8Assembly and approval by the Director, the Director of the
9State Police shall use all moneys in the Scott's Law Fund in
10the Department's discretion to fund the production of
11materials to educate drivers on approaching stationary
12authorized emergency vehicles, to hire off-duty Department of
13State Police for enforcement of this Section, and for other
14law enforcement purposes the Director deems necessary in these
15efforts.
16    (j) For violations of this Section issued by a county or
17municipal police officer, the assessment shall be deposited
18into the county's or municipality's Transportation Safety
19Highway Hire-back Fund. The county shall use the moneys in its
20Transportation Safety Highway Hire-back Fund to hire off-duty
21county police officers to monitor construction or maintenance
22zones in that county on highways other than interstate
23highways. The county, in its discretion, may also use a
24portion of the moneys in its Transportation Safety Highway
25Hire-back Fund to purchase equipment for county law
26enforcement and fund the production of materials to educate

 

 

HB5370- 6 -LRB103 39481 RPS 69676 b

1drivers on construction zone safe driving habits and
2approaching stationary authorized emergency vehicles.
3    (k) In addition to other penalties imposed by this
4Section, the court may order a person convicted of a violation
5of subsection (c) to perform community service as determined
6by the court.
7(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
8102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
9    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
10    Sec. 11-908. Vehicle approaching or entering a highway
11construction or maintenance area or zone.
12    (a) The driver of a vehicle shall yield the right-of-way
13to any authorized vehicle or pedestrian actually engaged in
14work upon a highway within any highway construction or
15maintenance area indicated by official traffic-control
16devices.
17    (a-1) Upon entering a construction or maintenance zone
18when workers are present, a person who drives a vehicle shall:
19        (1) proceeding with due caution, yield the
20    right-of-way by making make a lane change into a lane not
21    adjacent to that of the workers present, if possible with
22    due regard to safety and traffic conditions, if on a
23    highway having at least 4 lanes with not less than 2 lanes
24    proceeding in the same direction as the approaching
25    vehicle, and reduce the speed of the vehicle to a speed

 

 

HB5370- 7 -LRB103 39481 RPS 69676 b

1    that is reasonable and proper with regard to traffic
2    conditions and the use of the highway to avoid a collision
3    and leaving a safe distance until safely past the
4    construction or maintenance zone; or
5        (2) proceeding with due caution, reduce the speed of
6    the vehicle to a speed that is reasonable and proper with
7    regard to traffic conditions and the use of the highway to
8    avoid a collision until safely past the construction or
9    maintenance zone, maintaining a safe speed for road
10    conditions, if changing lanes would be impossible or
11    unsafe.
12    (a-2) A person who violates subsection (a-1) of this
13Section commits a business offense punishable by a fine of not
14less than $100 and not more than $25,000. It is a factor in
15aggravation if the person committed the offense while in
16violation of Section 11-501 of this Code.
17    (a-3) If a violation of subsection (a-1) of this Section
18results in damage to the property of another person, in
19addition to any other penalty imposed, the person's driving
20privileges shall be suspended for a fixed period of not less
21than 90 days and not more than one year.
22    (a-4) If a violation of subsection (a-1) of this Section
23results in injury to another person, in addition to any other
24penalty imposed, the person's driving privileges shall be
25suspended for a fixed period of not less than 180 days and not
26more than 2 years.

 

 

HB5370- 8 -LRB103 39481 RPS 69676 b

1    (a-5) If a violation of subsection (a-1) of this Section
2results in the death of another person, in addition to any
3other penalty imposed, the person's driving privileges shall
4be suspended for 2 years.
5    (a-6) The Secretary of State shall, upon receiving a
6record of a judgment entered against a person under subsection
7(a-1) of this Section:
8        (1) suspend the person's driving privileges for the
9    mandatory period; or
10        (2) extend the period of an existing suspension by the
11    appropriate mandatory period.
12    (b) The driver of a vehicle shall yield the right-of-way
13to any authorized vehicle obviously and actually engaged in
14work upon a highway whenever the vehicle engaged in
15construction or maintenance work displays flashing lights as
16provided in Section 12-215 of this Act.
17    (c) The driver of a vehicle shall stop if signaled to do so
18by a flagger or a traffic control signal and remain in such
19position until signaled to proceed. If a driver of a vehicle
20fails to stop when signaled to do so by a flagger, the flagger
21is authorized to report such offense to the State's Attorney
22or authorized prosecutor. The penalties imposed for a
23violation of this subsection (c) shall be in addition to any
24penalties imposed for a violation of subsection (a-1).
25(Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20.)