Bill Amendment: IL HB2417 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VEH CD-EMERGENCY VEH-PENALTY

Status: 2019-04-12 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2417 Detail]

Download: Illinois-2019-HB2417-House_Amendment_002.html

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Rep. Tim Butler

Filed: 3/25/2019

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AMENDMENT TO HOUSE BILL 2417
AMENDMENT NO. ______. Amend House Bill 2417 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Section 11-907 as follows:
(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal:
(1) the driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position
parallel to, and as close as possible to, the right-hand
edge or curb of the highway clear of any intersection and

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shall, if necessary to permit the safe passage of the
emergency vehicle, stop and remain in such position until
the authorized emergency vehicle has passed, unless
otherwise directed by a police officer; and
(2) the operator of every streetcar shall immediately
stop such car clear of any intersection and keep it in such
position until the authorized emergency vehicle has
passed, unless otherwise directed by a police officer.
(b) This Section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency
vehicle, when the authorized emergency vehicle is giving a
signal by displaying alternately flashing red, red and white,
blue, or red and blue lights or amber or yellow warning lights,
a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
right-of-way by making a lane change into a lane not
adjacent to that of the authorized emergency vehicle, if
possible with due regard to safety and traffic conditions,
if on a highway having at least 4 lanes with not less than
2 lanes proceeding in the same direction as the approaching
vehicle; or
(2) if changing lanes would be impossible or unsafe,
proceeding with due caution, reduce the speed of the
vehicle to at least 20 miles per hour under the posted

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speed limit, maintaining a safe speed for road conditions
to avoid colliding with any person or vehicle , if changing
lanes would be impossible or unsafe.
If a driver is involved in a crash with an authorized
emergency vehicle or person, the crash shall be deemed prima
facie evidence of the driver's failure to obey this Section.
As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section
commits a petty business offense punishable by a fine of not
less than $100 or more than $75 $10,000. A person who violates
subsection (c) and the violation results in damage to the
property of another person commits a business offense
punishable by a fine of not less than $100 and not more than
$10,000. A person who violates subsection (c) and the violation
results in the injury or death of another person commits a
Class A misdemeanor. It is a factor in aggravation if the
person committed the offense while in violation of Section
11-501 of this Code. Imposition of the penalties authorized by
this subsection (d) for a violation of subsection (c) of this
Section that results in the death of another person does not
preclude imposition of appropriate additional civil or
criminal penalties.

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(e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
(g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall be
suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
(1) suspend the person's driving privileges for the
mandatory period; or
(2) extend the period of an existing suspension by the
appropriate mandatory period.
(Source: P.A. 100-201, eff. 8-18-17.)".