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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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.

Spectrum: Bipartisan Bill

Status: (Failed) 2014-12-03 - Session Sine Die [HB5416 Detail]

Download: Illinois-2013-HB5416-Introduced.html

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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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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
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, 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) proceeding with due caution, reduce the speed of
the vehicle, maintaining a safe speed for road conditions,
if changing lanes would be impossible or unsafe.
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) Except as provided in subsection (g) of this Section, a
A person who violates subsection (c) of this Section commits a

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Class B misdemeanor business offense punishable by a fine of
not less than $100 or more than $10,000. 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.
(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, the person commits a
Class 4 felony and, 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

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