Bill Text: IL HB5416 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Increases the penalty for failure to yield the right-of-way to an emergency vehicle or police vehicle making use of audible and visual signals from a business offense with a fine of not less than $100 or more than $10,000 to a Class B misdemeanor and if the offense results in the death of another person it is a Class 4 felony in addition to suspension of the person's license for 2 years.

Status: (Engrossed) 2014-07-01 - Senate Committee Amendment No. 1 Motion to Recede Referred to Assignments; Pursuant to Senate Rule 3-9(b) [HB5416 Detail]

Download: Illinois-2013-HB5416-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5416

Introduced , by Rep. Dan Brady

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

Amends the Illinois Vehicle Code. Increases the penalty for failure to yield the right-of-way to an emergency vehicle or police vehicle making use of audible and visual signals from a business offense with a fine of not less than $100 or more than $10,000 to a Class B misdemeanor and if the offense results in the death of another person it is a Class 4 felony in addition to suspension of the person's license for 2 years.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 changing
5Section 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 of
3an authorized emergency vehicle from the duty to drive with due
4regard 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 approaching
16 vehicle; or
17 (2) proceeding with due caution, reduce the speed of
18 the vehicle, maintaining a safe speed for road conditions,
19 if changing lanes would be impossible or unsafe.
20 As used in this subsection (c), "authorized emergency
21vehicle" includes any vehicle authorized by law to be equipped
22with oscillating, rotating, or flashing lights under Section
2312-215 of this Code, while the owner or operator of the vehicle
24is engaged in his or her official duties.
25 (d) Except as provided in subsection (g) of this Section, a
26A person who violates subsection (c) of this Section commits a

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1Class B misdemeanor business offense punishable by a fine of
2not less than $100 or more than $10,000. It is a factor in
3aggravation if the person committed the offense while in
4violation of Section 11-501 of this Code. Imposition of the
5penalties authorized by this subsection (d) for a violation of
6subsection (c) of this Section that results in the death of
7another person does not preclude imposition of appropriate
8additional civil or criminal penalties.
9 (e) If a violation of subsection (c) of this Section
10results in damage to the property of another person, in
11addition to any other penalty imposed, the person's driving
12privileges shall be suspended for a fixed period of not less
13than 90 days and not more than one year.
14 (f) If a violation of subsection (c) of this Section
15results in injury to another person, in addition to any other
16penalty imposed, the person's driving privileges shall be
17suspended for a fixed period of not less than 180 days and not
18more than 2 years.
19 (g) If a violation of subsection (c) of this Section
20results in the death of another person, the person commits a
21Class 4 felony and, in addition to any other penalty imposed,
22the person's driving privileges shall be suspended for 2 years.
23 (h) The Secretary of State shall, upon receiving a record
24of a judgment entered against a person under subsection (c) of
25this Section:
26 (1) suspend the person's driving privileges for the

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1 mandatory period; or
2 (2) extend the period of an existing suspension by the
3 appropriate mandatory period.
4 (i) Imposition of the penalties authorized by this Section
5for a violation of subsection (c) of this Section does not
6preclude imposition of appropriate additional civil or
7criminal penalties.
8(Source: P.A. 95-884, eff. 1-1-09.)
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