(625 ILCS 5/11-212)
Sec. 11-212. Traffic and pedestrian stop statistical study.
(a) Whenever a State or local law enforcement officer issues a
uniform traffic citation or warning citation for an alleged
violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's |
| subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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(2) the alleged traffic violation that led to the
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(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop, beginning when the
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| vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
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(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
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| to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
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(6) whether or not a search contemporaneous to the
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| stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
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(6.2) whether or not a police dog performed a sniff
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| of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
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(6.5) whether or not contraband was found during a
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| search; and, if so, the type and amount of contraband seized; and
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(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops a
motorist for an alleged violation of the Illinois Vehicle Code
and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card, which includes
field
contact cards, or any other existing form currently used by law enforcement
containing
information required pursuant to this Act,
that records
at least the following:
(1) the name, address, gender, and the officer's
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| subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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(2) the reason that led to the stop of the
motorist;
(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop, beginning when the
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| vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
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(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
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| to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
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(6) whether or not a search contemporaneous to the
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| stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
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(6.2) whether or not a police dog performed a sniff
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| of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
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(6.5) whether or not contraband was found during a
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| search; and, if so, the type and amount of contraband seized; and
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(7) the name and badge number of the issuing
officer.
(b-5) For purposes of this subsection (b-5), "detention" means all frisks, searches, summons, and arrests. Whenever a law enforcement officer subjects a pedestrian to detention in a public place, he or she shall complete a uniform pedestrian stop card, which includes any existing form currently used by law enforcement containing all the information required under this Section, that records at least the following:
(1) the gender, and the officer's subjective
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| determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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(2) all the alleged reasons that led to the stop of
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(3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
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| conducted of the person; and, if so, all the alleged reasons that led to the protective pat down or frisk, and whether it was with consent or by other means;
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(6) whether or not contraband was found during the
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| protective pat down or frisk; and, if so, the type and amount of contraband seized;
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(7) whether or not a search beyond a protective pat
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| down or frisk was conducted of the person or his or her effects; and, if so, all the alleged reasons that led to the search, and whether it was with consent or by other means;
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(8) whether or not contraband was found during the
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| search beyond a protective pat down or frisk; and, if so, the type and amount of contraband seized;
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(9) the disposition of the stop, such as a warning, a
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| ticket, a summons, or an arrest;
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(10) if a summons or ticket was issued, or an arrest
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| made, a record of the violations, offenses, or crimes alleged or charged; and
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(11) the name and badge number of the officer who
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This subsection (b-5) does not apply to searches or inspections for compliance authorized under the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections during routine security screenings at facilities or events.
(c) The Illinois Department of Transportation shall provide a
standardized law
enforcement data compilation form on its website.
(d) Every law enforcement agency shall, by March 1 with regard to data collected during July through December of the previous calendar year and by August 1 with regard to data collected during January through June of the current calendar year, compile the data described in subsections (a), (b), and (b-5) on
the
standardized law enforcement data compilation form provided by the Illinois
Department
of Transportation and transmit the data to the Department.
(e) The Illinois Department of Transportation shall analyze the data
provided
by law
enforcement agencies required by this Section and submit a report of the
previous year's
findings to the
Governor, the General Assembly, the Racial Profiling Prevention and Data Oversight Board, and each law enforcement agency no later than
July 1
of each year. The Illinois Department of
Transportation may contract with
an outside entity for the analysis of the data provided. In analyzing the data
collected
under this Section, the analyzing entity shall scrutinize the data for evidence
of statistically
significant aberrations. The following list, which
is illustrative, and not exclusive, contains examples of areas in which
statistically
significant aberrations may be found:
(1) The percentage of minority drivers, passengers,
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| or pedestrians being stopped in a given area is substantially higher than the proportion of the overall population in or traveling through the area that the minority constitutes.
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(2) A substantial number of false stops including
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| stops not resulting in the issuance of a traffic ticket or the making of an arrest.
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(3) A disparity between the proportion of citations
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| issued to minorities and proportion of minorities in the population.
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(4) A disparity among the officers of the same law
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| enforcement agency with regard to the number of minority drivers, passengers, or pedestrians being stopped in a given area.
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(5) A disparity between the frequency of searches
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| performed on minority drivers or pedestrians and the frequency of searches performed on non-minority drivers or pedestrians.
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(f) Any law enforcement officer identification information and driver or pedestrian
identification information
that is
compiled by any law enforcement agency or the Illinois Department of
Transportation
pursuant to this Act for
the purposes of fulfilling the requirements of this Section shall be
confidential and exempt
from
public inspection and copying, as provided under Section 7 of the Freedom of
Information
Act,
and the information shall not be transmitted to anyone except as needed to
comply with
this Section. This Section shall not exempt those materials that, prior to the
effective date of this
amendatory Act of the 93rd General Assembly, were available under the Freedom
of
Information Act. This subsection (f) shall not preclude law enforcement agencies from reviewing data to perform internal reviews.
(g) Funding to implement this Section shall come from federal highway
safety
funds available to Illinois, as directed by the Governor.
(h) The Illinois Criminal Justice Information Authority, in consultation with
law enforcement agencies, officials, and organizations, including Illinois
chiefs of police,
the Illinois State Police, the Illinois Sheriffs Association, and the
Chicago Police
Department, and community groups and other experts, shall undertake a study to
determine the best use of technology to collect, compile, and analyze the
traffic stop
statistical study data required by this Section. The Department shall report
its findings
and recommendations to the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to
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| determine the best use of technology to collect, compile, and analyze the traffic stop statistical study data required by this Section.
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(2) The Task Force shall be an independent Task Force
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| under the Illinois Criminal Justice Information Authority for administrative purposes, and shall consist of the following members:
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(A) 2 academics or researchers who have studied
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| issues related to traffic or pedestrian stop data collection and have education or expertise in statistics;
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(B) one professor from an Illinois university who
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| specializes in policing and racial equity;
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(C) one representative from the Illinois State
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(D) one representative from the Chicago Police
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(E) one representative from the Illinois Chiefs
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(F) one representative from the Illinois Sheriffs
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(G) one representative from the Chicago Fraternal
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(H) one representative from the Illinois
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| Fraternal Order of Police;
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(I) the Executive Director of the American Civil
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| Liberties Union of Illinois, or his or her designee; and
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(J) 5 representatives from different community
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| organizations who specialize in civil or human rights, policing, or criminal justice reform work, and that represent a range of minority interests or different parts of the State.
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(3) The Illinois Criminal Justice Information
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| Authority may consult, contract, work in conjunction with, and obtain any information from any individual, agency, association, or research institution deemed appropriate by the Authority.
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(4) The Task Force shall report its findings and
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| recommendations to the Governor and the General Assembly by March 1, 2022 and every 3 years after.
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(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
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| having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.
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(2) "Asian" means a person having origins in any of
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| the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
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(2.5) "Badge" means an officer's department issued
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| identification number associated with his or her position as a police officer with that department.
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(3) "Black or African American" means a person having
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| origins in any of the black racial groups of Africa.
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(4) "Hispanic or Latino" means a person of Cuban,
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| Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
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(5) "Native Hawaiian or Other Pacific Islander" means
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| a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
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(6) "White" means a person having origins in any of
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| the original peoples of Europe, the Middle East, or North Africa.
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(i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/11-306)
(from Ch. 95 1/2, par. 11-306)
Sec. 11-306. Traffic-control signal legend. Whenever traffic is controlled
by traffic-control signals exhibiting different colored lights or color
lighted arrows, successively one at a time or in combination, only the
colors green, red and yellow shall be used, except for special pedestrian
signals carrying a word legend, and the lights shall indicate and apply to
drivers of vehicles and pedestrians as follows:
(a) Green indication.
1. Vehicular traffic facing a circular green signal |
| may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
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2. Vehicular traffic facing a green arrow signal,
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| shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
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3. Unless otherwise directed by a pedestrian-control
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| signal, as provided in Section 11-307, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
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(b) Steady yellow indication.
1. Vehicular traffic facing a steady circular yellow
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| or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.
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2. Pedestrians facing a steady circular yellow or
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| yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 11-307, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
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(b-5) Flashing yellow arrow indication.
1. Vehicular traffic facing a flashing yellow arrow
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| indication may cautiously enter the intersection only to make the movement indicated by the arrow and shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
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2. Pedestrians facing a flashing yellow arrow
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| indication, unless otherwise directed by a pedestrian-control signal as provided in Section 11-307, may proceed across the roadway within any marked or unmarked crosswalk that crosses the lane or lanes used to depart the intersection by traffic controlled by the flashing yellow arrow indication. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow signal indication is first displayed.
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(c) Steady red indication.
1. Except as provided in paragraphs 3 and 3.5 of this
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| subsection (c), vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.
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2. Except as provided in paragraphs 3 and 3.5 of this
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| subsection (c), vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication permitting the movement indicated by such red arrow is shown.
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3. Except when a sign is in place prohibiting a turn
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| and local authorities by ordinance or State authorities by rule or regulation prohibit any such turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping as required by paragraph 1 or paragraph 2 of this subsection. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction or roadways. Such driver shall yield the right of way to pedestrians within the intersection or an adjacent crosswalk.
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3.5. In municipalities with less than 2,000,000
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| inhabitants, after stopping as required by paragraph 1 or 2 of this subsection, the driver of a motorcycle or bicycle, facing a steady red signal which fails to change to a green signal within a reasonable period of time not less than 120 seconds because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle due to the vehicle's size or weight, shall have the right to proceed, after yielding the right of way to oncoming traffic facing a green signal, subject to the rules applicable after making a stop at a stop sign as required by Section 11-1204 of this Code.
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4. Unless otherwise directed by a pedestrian-control
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| signal as provided in Section 11-307, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.
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(d) In the event an official traffic control signal is
erected and maintained
at a place other than an intersection, the provisions of this Section shall
be applicable except as to provisions which by their nature can have no
application. Any stop required shall be at a traffic sign or a marking
on the pavement indicating where the stop shall be made or, in the absence
of such sign or marking, the stop shall be made at the signal.
(e) The motorman of any streetcar shall obey the above signals as applicable
to vehicles.
(Source: P.A. 97-627, eff. 1-1-12; 97-762, eff. 7-6-12; 98-798, eff. 7-31-14.)
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