Bill Title: Amends the Illinois Vehicle Code. Provides that the use of green oscillating, flashing, or rotating lights, whether lighted or unlighted, is prohibited except on specified vehicles. Provides the conditions that must be satisfied for the lights on certain specified vehicles with green oscillating, flashing, or rotating lights to be lighted. Provides that fire department vehicles of local fire departments and State or federal firefighting vehicles, police vehicles of State, federal, or local authorities, and vehicles designated by local or State authority, while parked at an emergency scene, may use a steady-on illumination or steady-burn, or flashing green beacon or beacons if such steady-on, steady-burn, or flashing beacon is used to indicate an emergency operations command post or incident command location.
Spectrum: Slight Partisan Bill (Republican 11-7)
Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0667
[HB4255 Detail]Download: Illinois-2023-HB4255-Chaptered.html
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| Public Act 103-0667
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| HB4255 Enrolled | LRB103 34476 MXP 64307 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Sections 11-213, 11-907, and 12-215 as follows:
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(625 ILCS 5/11-213) |
Sec. 11-213. Power of a fire department officer; highway |
or lane closure. In the absence of a law enforcement officer or |
a representative of the highway agency having jurisdiction |
over the highway, an officer of a fire department, in the |
performance of his or her official duties, has the authority |
to close to traffic a highway, or a lane or lanes of a highway, |
as necessary to protect the safety of persons or property. In |
order to promote the safe implementation of this Section, the |
fire department officer shall utilize an official fire |
department vehicle with lighted red or white oscillating, |
rotating, or flashing lights in accordance with Section 12-215 |
of this Code and proper temporary traffic control in |
accordance with the sections of the Illinois Manual on Uniform |
Traffic Control Devices concerning temporary traffic control |
and incident management. The officer should also receive |
training in safe practices for accomplishing these tasks near |
traffic. This Section does not apply to highways under the |
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jurisdiction of the Illinois State Toll Highway Authority. As |
used in this Section, "highway" has the meaning set forth in |
Section 1-126 of this Code. |
(Source: P.A. 95-803, eff. 1-1-09.)
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(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 |
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 |
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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 |
visual signal by displaying oscillating, rotating, or |
alternately flashing lights as authorized under Section 12-215 |
of this Code 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, maintaining a safe speed for road conditions and |
leaving a safe distance until safely past the stationary |
emergency vehicles. |
The visual signal specified under this subsection (c) |
given by an authorized emergency vehicle is an indication to |
drivers of approaching vehicles that a hazardous condition is |
present when circumstances are not immediately clear. Drivers |
of vehicles approaching a stationary emergency vehicle in any |
lane shall heed the warning of the signal, reduce the speed of |
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the vehicle, proceed with due caution, maintain a safe speed |
for road conditions, be prepared to stop, and leave a safe |
distance until safely passed the stationary emergency vehicle. |
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 business offense punishable by a fine of not less |
than $250 or more than $10,000 for a first violation, and a |
fine of not less than $750 or more than $10,000 for a second or |
subsequent violation. It is a factor in aggravation if the |
person committed the offense while in violation of Section |
11-501, 12-610.1, or 12-610.2 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. A person who violates |
subsection (c) and the violation results in damage to another |
vehicle commits a Class A misdemeanor. A person who violates |
subsection (c) and the violation results in the injury or |
death of another person commits a Class 4 felony. |
(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 |
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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. |
(i) The Scott's Law Fund shall be a special fund in the |
State treasury. Subject to appropriation by the General |
Assembly and approval by the Director, the Director of the |
State Police shall use all moneys in the Scott's Law Fund in |
the Department's discretion to fund the production of |
materials to educate drivers on approaching stationary |
authorized emergency vehicles, to hire off-duty Illinois |
Department of State Police for enforcement of this Section, |
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and for other law enforcement purposes the Director deems |
necessary in these efforts. |
(j) For violations of this Section issued by a county or |
municipal police officer, the assessment shall be deposited |
into the county's or municipality's Transportation Safety |
Highway Hire-back Fund. The county shall use the moneys in its |
Transportation Safety Highway Hire-back Fund to hire off-duty |
county police officers to monitor construction or maintenance |
zones in that county on highways other than interstate |
highways. The county, in its discretion, may also use a |
portion of the moneys in its Transportation Safety Highway |
Hire-back Fund to purchase equipment for county law |
enforcement and fund the production of materials to educate |
drivers on construction zone safe driving habits and |
approaching stationary authorized emergency vehicles. |
(k) In addition to other penalties imposed by this |
Section, the court may order a person convicted of a violation |
of subsection (c) to perform community service as determined |
by the court. |
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; |
102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
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