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| Public Act 103-0711
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| HB5370 Enrolled | LRB103 39481 RPS 69676 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 11-907 and 11-908 as follows:
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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 |
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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 or emergency scene, when the stationary 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 and reduce the speed of the vehicle to |
a speed that is reasonable and proper with regard to |
traffic conditions and the use of the highway to avoid a |
collision and leaving a safe distance until safely past |
the stationary emergency vehicle; or |
(2) if changing lanes would be impossible or unsafe, |
proceeding with due caution, reduce the speed of the |
vehicle to a speed that is reasonable and proper with |
regard to traffic conditions and the use of the highway to |
avoid a collision, maintaining a safe speed for road |
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conditions and leaving a safe distance until safely past |
the stationary emergency vehicles. |
The visual signal specified under this subsection (c) |
given by a stationary 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 authorized |
emergency vehicle in any lane shall heed the warning of the |
signal, reduce the speed of 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. As used in this |
subsection (c), "emergency scene" means a location where a |
stationary authorized emergency vehicle as defined by herein |
is present and has activated its oscillating, rotating, or |
flashing lights. |
(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 |
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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 |
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 |
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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 Department of |
State Police for enforcement of this Section, 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 |
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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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