Illinois General Assembly - Full Text of SB1913
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Full Text of SB1913  102nd General Assembly

SB1913 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1913

 

Introduced 2/26/2021, by Sen. Julie A. Morrison

 

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

    Amends the Illinois Vehicle Code. Provides that, in addition to other penalties imposed for a violation of provisions concerning operation of a vehicle while approaching an authorized emergency vehicle, the court may order a person to perform community service as determined by the court.


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A BILL FOR

 

SB1913LRB102 13716 RAM 19066 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 Section 11-907 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

 

 

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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, when the authorized emergency vehicle is giving a
7signal by displaying alternately flashing red, red and white,
8blue, or red and blue lights or amber or yellow warning lights,
9a person who drives an approaching vehicle shall:
10        (1) proceeding with due caution, yield the
11    right-of-way by making a lane change into a lane not
12    adjacent to that of the authorized emergency vehicle, if
13    possible with due regard to safety and traffic conditions,
14    if on a highway having at least 4 lanes with not less than
15    2 lanes proceeding in the same direction as the
16    approaching vehicle; or
17        (2) if changing lanes would be impossible or unsafe,
18    proceeding with due caution, reduce the speed of the
19    vehicle, maintaining a safe speed for road conditions and
20    leaving a safe distance until safely past the stationary
21    vehicles.
22    As used in this subsection (c), "authorized emergency
23vehicle" includes any vehicle authorized by law to be equipped
24with oscillating, rotating, or flashing lights under Section
2512-215 of this Code, while the owner or operator of the vehicle
26is engaged in his or her official duties.

 

 

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1    (d) A person who violates subsection (c) of this Section
2commits a business offense punishable by a fine of not less
3than $250 or more than $10,000 for a first violation, and a
4fine of not less than $750 or more than $10,000 for a second or
5subsequent violation. It is a factor in aggravation if the
6person committed the offense while in violation of Section
711-501 of this Code. Imposition of the penalties authorized by
8this subsection (d) for a violation of subsection (c) of this
9Section that results in the death of another person does not
10preclude imposition of appropriate additional civil or
11criminal penalties. A person who violates subsection (c) and
12the violation results in damage to another vehicle commits a
13Class A misdemeanor. A person who violates subsection (c) and
14the violation results in the injury or death of another person
15commits a Class 4 felony.
16    (e) If a violation of subsection (c) of this Section
17results in damage to the property of another person, in
18addition to any other penalty imposed, the person's driving
19privileges shall be suspended for a fixed period of not less
20than 90 days and not more than one year.
21    (f) If a violation of subsection (c) of this Section
22results in injury to another person, in addition to any other
23penalty imposed, the person's driving privileges shall be
24suspended for a fixed period of not less than 180 days and not
25more than 2 years.
26    (g) If a violation of subsection (c) of this Section

 

 

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

 

 

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1zones in that county on highways other than interstate
2highways. The county, in its discretion, may also use a
3portion of the moneys in its Transportation Safety Highway
4Hire-back Fund to purchase equipment for county law
5enforcement and fund the production of materials to educate
6drivers on construction zone safe driving habits and
7approaching stationary authorized emergency vehicles.
8    (k) In addition to other penalties imposed by this
9Section, the court may order a person convicted of a violation
10of subsection (c) to perform community service as determined
11by the court.
12(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)