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Public Act 103-0711


 

Public Act 0711 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0711
 
HB5370 EnrolledLRB103 39481 RPS 69676 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Sections 11-907 and 11-908 as follows:
 
    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
    Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
    (a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal:
        (1) the driver of every other vehicle shall yield the
    right-of-way and shall immediately drive to a position
    parallel to, and as close as possible to, the right-hand
    edge or curb of the highway clear of any intersection and
    shall, if necessary to permit the safe passage of the
    emergency vehicle, stop and remain in such position until
    the authorized emergency vehicle has passed, unless
    otherwise directed by a police officer; and
        (2) the operator of every streetcar shall immediately
    stop such car clear of any intersection and keep it in such
    position until the authorized emergency vehicle has
    passed, unless otherwise directed by a police officer.
    (b) This Section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway.
    (c) Upon approaching a stationary authorized emergency
vehicle or emergency scene, when the stationary authorized
emergency vehicle is giving a signal by displaying alternately
flashing red, red and white, blue, or red and blue lights or
amber or yellow warning lights, a person who drives an
approaching vehicle shall:
        (1) proceeding with due caution, yield the
    right-of-way by making a lane change into a lane not
    adjacent to that of the authorized emergency vehicle, 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 and 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 emergency vehicle; or
        (2) 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, maintaining a safe speed for road
    conditions and leaving a safe distance until safely past
    the stationary emergency vehicles.
    The visual signal specified under this subsection (c)
given by a stationary an authorized emergency vehicle is an
indication to drivers of approaching vehicles that a hazardous
condition is present when circumstances are not immediately
clear. Drivers of vehicles approaching a stationary authorized
emergency vehicle in any lane shall heed the warning of the
signal, reduce the speed of the vehicle, proceed with due
caution, maintain a safe speed for road conditions, be
prepared to stop, and leave a safe distance until safely
passed the stationary emergency vehicle.
    As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties. As used in this
subsection (c), "emergency scene" means a location where a
stationary authorized emergency vehicle as defined by herein
is present and has activated its oscillating, rotating, or
flashing lights.
    (d) A person who violates subsection (c) of this Section
commits a business offense punishable by a fine of not less
than $250 or more than $10,000 for a first violation, and a
fine of not less than $750 or more than $10,000 for a second or
subsequent violation. It is a factor in aggravation if the
person committed the offense while in violation of Section
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
penalties authorized by this subsection (d) for a violation of
subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate
additional civil or criminal penalties. A person who violates
subsection (c) and the violation results in damage to another
vehicle commits a Class A misdemeanor. A person who violates
subsection (c) and the violation results in the injury or
death of another person commits a Class 4 felony.
    (e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
    (f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
    (g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall
be suspended for 2 years.
    (h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
        (1) suspend the person's driving privileges for the
    mandatory period; or
        (2) extend the period of an existing suspension by the
    appropriate mandatory period.
    (i) The Scott's Law Fund shall be a special fund in the
State treasury. Subject to appropriation by the General
Assembly and approval by the Director, the Director of the
State Police shall use all moneys in the Scott's Law Fund in
the Department's discretion to fund the production of
materials to educate drivers on approaching stationary
authorized emergency vehicles, to hire off-duty Department of
State Police for enforcement of this Section, and for other
law enforcement purposes the Director deems necessary in these
efforts.
    (j) For violations of this Section issued by a county or
municipal police officer, the assessment shall be deposited
into the county's or municipality's Transportation Safety
Highway Hire-back Fund. The county shall use the moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways. The county, in its discretion, may also use a
portion of the moneys in its Transportation Safety Highway
Hire-back Fund to purchase equipment for county law
enforcement and fund the production of materials to educate
drivers on construction zone safe driving habits and
approaching stationary authorized emergency vehicles.
    (k) In addition to other penalties imposed by this
Section, the court may order a person convicted of a violation
of subsection (c) to perform community service as determined
by the court.
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
    Sec. 11-908. Vehicle approaching or entering a highway
construction or maintenance area or zone.
    (a) The driver of a vehicle shall yield the right-of-way
to any authorized vehicle or pedestrian actually engaged in
work upon a highway within any highway construction or
maintenance area indicated by official traffic-control
devices.
    (a-1) Upon entering a construction or maintenance zone
when workers are present, a person who drives a vehicle shall:
        (1) proceeding with due caution, yield the
    right-of-way by making make a lane change into a lane not
    adjacent to that of the workers present, 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, and 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
    construction or maintenance zone; or
        (2) 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 until safely past the construction or
    maintenance zone, maintaining a safe speed for road
    conditions, if changing lanes would be impossible or
    unsafe.
    (a-2) A person who violates subsection (a-1) of this
Section commits a business offense punishable by a fine of not
less than $100 and not more than $25,000. It is a factor in
aggravation if the person committed the offense while in
violation of Section 11-501 of this Code.
    (a-3) If a violation of subsection (a-1) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
    (a-4) If a violation of subsection (a-1) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
    (a-5) If a violation of subsection (a-1) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall
be suspended for 2 years.
    (a-6) The Secretary of State shall, upon receiving a
record of a judgment entered against a person under subsection
(a-1) of this Section:
        (1) suspend the person's driving privileges for the
    mandatory period; or
        (2) extend the period of an existing suspension by the
    appropriate mandatory period.
    (b) The driver of a vehicle shall yield the right-of-way
to any authorized vehicle obviously and actually engaged in
work upon a highway whenever the vehicle engaged in
construction or maintenance work displays flashing lights as
provided in Section 12-215 of this Act.
    (c) The driver of a vehicle shall stop if signaled to do so
by a flagger or a traffic control signal and remain in such
position until signaled to proceed. If a driver of a vehicle
fails to stop when signaled to do so by a flagger, the flagger
is authorized to report such offense to the State's Attorney
or authorized prosecutor. The penalties imposed for a
violation of this subsection (c) shall be in addition to any
penalties imposed for a violation of subsection (a-1).
(Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20.)

Effective Date: 1/1/2025