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Public Act 102-0336 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Section 11-907 and by adding Section 11-907.2 as | ||||
follows:
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(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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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:
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(1) the driver of every other vehicle
shall yield the | ||||
right-of-way and shall immediately drive to a position
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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
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otherwise directed by a police officer; and
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(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.
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(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.
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(c) Upon approaching a stationary authorized emergency | ||
vehicle, when the
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:
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(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; or
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(2) if changing lanes would be impossible or unsafe, | ||
proceeding with due caution, reduce the speed of the | ||
vehicle,
maintaining a safe speed for road conditions and | ||
leaving a safe distance until safely past the stationary | ||
emergency vehicles.
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The visual signal specified under this subsection (c) | ||
given by 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 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.
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(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
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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
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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.
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(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.
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(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.
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(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.
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(h) The Secretary of State shall, upon receiving a record | ||
of a judgment
entered against a person under subsection (c) of | ||
this Section:
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(1) suspend the person's driving privileges for the | ||
mandatory period; or
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(2) extend the period of an existing suspension by the | ||
appropriate
mandatory period.
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(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. | ||
(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20 .)
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(625 ILCS 5/11-907.2 new) | ||
Sec. 11-907.2. Move Over Early Warning Task Force. | ||
(a) The Move Over Early Warning Task Force is created to | ||
study the issue of violations of Sections 11-907, 11-907.5, | ||
and 11-908 with attention to the causes of violations and ways | ||
to protect law enforcement and emergency responders. | ||
(b) The Move Over Early Warning Task Force shall study new |
technologies and early warning systems in cellular phones and | ||
vehicles that alert the public to the presence of first | ||
responders and road safety hazards. | ||
(c) The membership of the Task Force shall consist of the | ||
following members: | ||
(1) the Director of State Police or his or her | ||
designee, who shall serve as chair; | ||
(2) the Secretary of State or his or her designee; | ||
(3) the Secretary of Transportation or his or her | ||
designee; | ||
(4) the Illinois Commerce Commission Chair or his or | ||
her designee; | ||
(5) the Statewide 911 Administrator; | ||
(6) the Director of the Illinois Toll Highway | ||
Authority or his or her designee; | ||
(7) the President of the Illinois Association of | ||
Chiefs of Police or his or her designee; | ||
(8) the President of the Illinois Sheriffs' | ||
Association or his or her designee; | ||
(9) the President of the Associated Fire Fighters of | ||
Illinois or his or her designee; | ||
(10) the following persons appointed by the Governor: | ||
(A) one representative of a statewide trucking | ||
association; | ||
(B) one representative of a Chicago area motor | ||
club; |
(C) one incumbent local exchange carrier; and | ||
(D) two representatives from a large wireless | ||
carrier. | ||
(d) The members of the Task Force shall serve without | ||
compensation and may meet remotely via telephone or live video | ||
conference platforms. | ||
(e) The Task Force shall meet and present its report and | ||
recommendations, including legislative recommendations, if | ||
any, on how to better enforce the provisions described in | ||
subsection (a) and use 21st-century driver communication | ||
technology to prevent fatalities and injuries on Illinois | ||
roadways, to the General Assembly no later than January 1, | ||
2023. | ||
(f) The Illinois State Police shall provide administrative | ||
support to the Task Force as needed. | ||
(g) This Section is repealed on January 1, 2024.
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