Illinois General Assembly - Full Text of SB1496
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Full Text of SB1496  101st General Assembly


Sen. Thomas Cullerton

Filed: 3/15/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1496 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-305 and 11-908 as follows:
6    (625 ILCS 5/11-305)  (from Ch. 95 1/2, par. 11-305)
7    Sec. 11-305. Obedience to and required traffic-control
8devices.     (a) The driver of any vehicle shall obey the
9instructions of any official traffic-control device applicable
10thereto placed or held in accordance with the provisions of
11this Act, unless otherwise directed by a police officer,
12subject to the exceptions granted the driver of an authorized
13emergency vehicle in this Act.
14    (b) It is unlawful for any person to leave the roadway and
15travel across private property to avoid an official traffic
16control device.



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1    (c) No provision of this Act for which official
2traffic-control devices are required shall be enforced against
3an alleged violator if at the time and place of the alleged
4violation an official device is not in proper position and
5sufficiently legible to be seen by an ordinarily observant
6person. Whenever a particular section does not state that
7official traffic-control devices are required, such section
8shall be effective even though no devices are erected or in
10    (d) Whenever any official traffic-control device is placed
11or held in position approximately conforming to the
12requirements of this Act and purports to conform to the lawful
13requirements pertaining to such device, such device shall be
14presumed to have been so placed or held by the official act or
15direction of lawful authority, and comply with the requirements
16of this Act, unless the contrary shall be established by
17competent evidence.
18    (e) The driver of a vehicle approaching a traffic control
19signal on which no signal light facing such vehicle is
20illuminated shall stop before entering the intersection in
21accordance with rules applicable in making a stop at a stop
23    (f) Any violation of subsection (a) that occurs within a
24designated highway construction zone or maintenance zone shall
25result in a fine of no less than $100 and no more than $1,000.
26(Source: P.A. 84-873.)



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1    (625 ILCS 5/11-908)  (from Ch. 95 1/2, par. 11-908)
2    Sec. 11-908. Vehicle approaching or entering a highway
3construction or maintenance area or zone.
4    (a) The driver of a vehicle shall yield the right-of-way to
5any authorized vehicle or pedestrian actually engaged in work
6upon a highway within any highway construction or maintenance
7area indicated by official traffic-control devices.
8    (a-1) Upon entering a construction or maintenance zone when
9workers are present, a person who drives a vehicle shall:
10        (1) proceeding with due caution, make a lane change
11    into a lane not adjacent to that of the workers present, if
12    possible with due regard to safety and traffic conditions,
13    if on a highway having at least 4 lanes with not less than
14    2 lanes proceeding in the same direction as the approaching
15    vehicle; or
16        (2) proceeding with due caution, reduce the speed of
17    the vehicle, maintaining a safe speed for road conditions,
18    if changing lanes would be impossible or unsafe.
19    (a-2) A person who violates subsection (a-1) of this
20Section commits a business offense punishable by a fine of not
21less than $100 and not more than $25,000 $10,000. It is a
22factor in aggravation if the person committed the offense while
23in violation of Section 11-501 of this Code.
24    (a-3) If a violation of subsection (a-1) of this Section
25results in damage to the property of another person, in



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1addition to any other penalty imposed, the person's driving
2privileges shall be suspended for a fixed period of not less
3than 90 days and not more than one year.
4    (a-4) If a violation of subsection (a-1) of this Section
5results in injury to another person, in addition to any other
6penalty imposed, the person's driving privileges shall be
7suspended for a fixed period of not less than 180 days and not
8more than 2 years.
9    (a-5) If a violation of subsection (a-1) of this Section
10results in the death of another person, in addition to any
11other penalty imposed, the person's driving privileges shall be
12suspended for 2 years.
13    (a-6) The Secretary of State shall, upon receiving a record
14of a judgment entered against a person under subsection (a-1)
15of this Section:
16        (1) suspend the person's driving privileges for the
17    mandatory period; or
18        (2) extend the period of an existing suspension by the
19    appropriate mandatory period.
20    (b) The driver of a vehicle shall yield the right-of-way to
21any authorized vehicle obviously and actually engaged in work
22upon a highway whenever the vehicle engaged in construction or
23maintenance work displays flashing lights as provided in
24Section 12-215 of this Act.
25    (c) The driver of a vehicle shall stop if signaled to do so
26by a flagger or a traffic control signal and remain in such



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1position until signaled to proceed. If a driver of a vehicle
2fails to stop when signaled to do so by a flagger, the flagger
3is authorized to report such offense to the State's Attorney or
4authorized prosecutor. The penalties imposed for a violation of
5this subsection (c) shall be in addition to any penalties
6imposed for a violation of subsection (a-1).
7(Source: P.A. 100-201, eff. 8-18-17.)".