Full Text of HB3710 98th General Assembly
HB3710 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3710 Introduced , by Rep. Raymond Poe SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/11-1414 | from Ch. 95 1/2, par. 11-1414 |
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Amends the Illinois Vehicle Code. Provides
that a person convicted of violating
the required procedures
when approaching, overtaking, or passing a school bus
is guilty of a Class 4 felony if the offense
causes the death of another or
severe injury to another person.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing
| 5 | | Section 11-1414 as follows:
| 6 | | (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
| 7 | | Sec. 11-1414. Approaching, overtaking, and passing school | 8 | | bus.
| 9 | | (a) The driver of a vehicle shall stop such vehicle before | 10 | | meeting or
overtaking, from either direction, any school bus | 11 | | stopped at any location for
the purpose of receiving or | 12 | | discharging pupils. Such stop is required before
reaching the | 13 | | school bus when there is in operation on the school
bus the | 14 | | visual signals as specified in Sections 12-803 and 12-805 of | 15 | | this
Code. The driver of the vehicle shall not proceed until | 16 | | the
school bus resumes motion or the driver of the vehicle is | 17 | | signaled by the
school bus driver to proceed or the visual | 18 | | signals are no longer actuated.
| 19 | | (b) The stop signal arm required by Section 12-803 of this | 20 | | Code shall
be extended after the school bus has come to a | 21 | | complete stop for the purpose of
loading or discharging pupils | 22 | | and shall be closed before the school bus
is placed in motion | 23 | | again. The stop signal arm shall
not be extended at any other |
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| 1 | | time.
| 2 | | (c) The alternately flashing red signal lamps of an
8-lamp | 3 | | flashing signal system required by Section 12-805 of this Code
| 4 | | shall be actuated after the school bus has come to a complete | 5 | | stop for the
purpose of
loading or discharging pupils and shall | 6 | | be turned off before
the school bus is placed in motion again. | 7 | | The red signal
lamps shall not be actuated at any other time
| 8 | | except as provided in paragraph (d) of this Section.
| 9 | | (d) The alternately flashing amber signal lamps of an | 10 | | 8-lamp
flashing signal system required by Section 12-805 of | 11 | | this
Code shall be actuated continuously during not less than | 12 | | the last 100
feet traveled by the school bus before stopping | 13 | | for the purpose of loading
or discharging pupils within an | 14 | | urban area and during not less than
the last 200 feet traveled | 15 | | by the school
bus outside an urban area. The amber signal lamps | 16 | | shall remain actuated
until the school
bus is stopped. The | 17 | | amber signal lamps shall not be actuated at any other time.
| 18 | | (d-5) The alternately flashing head lamps permitted by | 19 | | Section 12-805 of
this Code may be operated while the | 20 | | alternately flashing red or amber signal
lamps required by that | 21 | | Section are actuated.
| 22 | | (e) The driver of a vehicle upon a highway having 4 or more | 23 | | lanes which
permits at least 2 lanes of traffic to travel in | 24 | | opposite directions need not
stop such vehicle upon meeting a | 25 | | school bus which is stopped in the opposing
roadway; and need | 26 | | not stop such vehicle when driving upon a controlled access
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| 1 | | highway when passing a school bus traveling in either direction | 2 | | that is stopped
in a loading zone
adjacent to the surfaced or | 3 | | improved part of the controlled access
highway where | 4 | | pedestrians are not permitted to cross.
| 5 | | (f) Beginning with the effective date of this amendatory | 6 | | Act of 1985,
the Secretary of State shall suspend for a period | 7 | | of 3 months
the driving
privileges of any person convicted of a | 8 | | violation of subsection (a) of this
Section or a similar | 9 | | provision of a local ordinance; the Secretary shall
suspend for | 10 | | a period of one year the driving privileges of any person | 11 | | convicted
of a second or subsequent violation of subsection (a) | 12 | | of this Section or a
similar provision of a local ordinance if | 13 | | the second or subsequent violation
occurs within 5 years of a | 14 | | prior conviction for the same offense. In addition
to the | 15 | | suspensions authorized by this Section, any person convicted of
| 16 | | violating this Section or a similar provision of a local | 17 | | ordinance
shall be subject to a mandatory fine of $150 or, upon | 18 | | a second or subsequent
violation, $500.
The Secretary may also | 19 | | grant, for the duration of any
suspension issued under this | 20 | | subsection, a restricted driving permit
granting the privilege | 21 | | of driving a motor vehicle between the driver's
residence and | 22 | | place of employment or within other proper limits that the
| 23 | | Secretary of State shall find necessary to avoid any undue | 24 | | hardship. A
restricted driving permit issued hereunder shall be | 25 | | subject to
cancellation, revocation and suspension by the | 26 | | Secretary of State in like
manner and for like cause as a |
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| 1 | | driver's license may be cancelled, revoked
or suspended; except | 2 | | that a conviction upon one or more offenses against
laws or | 3 | | ordinances regulating the movement of traffic shall be deemed
| 4 | | sufficient cause for the revocation, suspension or | 5 | | cancellation of the
restricted driving permit. The Secretary of | 6 | | State may, as a condition to
the issuance of a restricted | 7 | | driving permit, require the applicant to
participate in a | 8 | | designated driver remedial or rehabilitative program. Any
| 9 | | conviction for a violation of this subsection shall be included | 10 | | as an
offense for the purposes of determining suspension action | 11 | | under any other
provision of this Code, provided however, that | 12 | | the penalties provided under
this subsection shall be imposed | 13 | | unless those penalties imposed under other
applicable | 14 | | provisions are greater.
| 15 | | The owner of any vehicle alleged to have violated paragraph | 16 | | (a) of this
Section shall, upon appropriate demand by the | 17 | | State's Attorney or other
designated person acting in response | 18 | | to a signed complaint, provide
a written statement or | 19 | | deposition identifying the operator of the vehicle
if such | 20 | | operator was not the owner at the time of the alleged | 21 | | violation.
Failure to supply such information shall result in | 22 | | the suspension of the vehicle registration of the vehicle for a | 23 | | period of 3 months. In the event the owner has assigned control | 24 | | for the use
of the vehicle to another, the person to whom | 25 | | control was assigned shall
comply with the provisions of this | 26 | | paragraph and be subject to the same
penalties as herein |
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| 1 | | provided.
| 2 | | (g) A person convicted of violating subsection (a) of this | 3 | | Section is guilty of a
Class 4 felony if the offense
causes the | 4 | | death of another or a type A injury
to another person. A "type | 5 | | A injury"
includes severely bleeding wounds, distorted | 6 | | extremities, and injuries that
require the injured party to be | 7 | | carried from the scene.
| 8 | | (Source: P.A. 95-105, eff. 1-1-08; 95-331, eff. 8-21-07.)
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