Bill Text: IL HB3656 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides further requirements for vehicles approaching a stationary authorized emergency vehicle that is displaying flashing emergency lighting. Creates and tasks the Move Over Early Warning Task Force with studying: (1) the issue of violations of the provisions of the Code prescribing how to safely enter a highway construction zone, approach a disabled vehicle, and approach an authorized emergency vehicle; and (2) new technologies and early warning systems in cellular phones and vehicles that alert the public to the presence of first responders and road safety hazards. Prescribes membership for the Task Force. Provides that the Task Force shall meet and present its report and recommendations, including legislative recommendations, if any, to the General Assembly no later than January 1, 2023. Repeals the provisions governing the Task Force on January 1, 2024.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2021-08-12 - Public Act . . . . . . . . . 102-0336 [HB3656 Detail]
Download: Illinois-2021-HB3656-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Provides further requirements for vehicles approaching a stationary authorized emergency vehicle that is displaying flashing emergency lighting. Creates and tasks the Move Over Early Warning Task Force with studying: (1) the issue of violations of the provisions of the Code prescribing how to safely enter a highway construction zone, approach a disabled vehicle, and approach an authorized emergency vehicle; and (2) new technologies and early warning systems in cellular phones and vehicles that alert the public to the presence of first responders and road safety hazards. Prescribes membership for the Task Force. Provides that the Task Force shall meet and present its report and recommendations, including legislative recommendations, if any, to the General Assembly no later than January 1, 2023. Repeals the provisions governing the Task Force on January 1, 2024.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2021-08-12 - Public Act . . . . . . . . . 102-0336 [HB3656 Detail]
Download: Illinois-2021-HB3656-Engrossed.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-907 and by adding Section 11-907.2 as | ||||||
6 | follows:
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7 | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
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8 | Sec. 11-907. Operation of vehicles and streetcars on | ||||||
9 | approach of authorized
emergency
vehicles. | ||||||
10 | (a) Upon the immediate approach of an authorized emergency | ||||||
11 | vehicle
making use of audible and visual signals meeting the | ||||||
12 | requirements of this
Code or a police vehicle properly and | ||||||
13 | lawfully making use of an audible
or visual signal:
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14 | (1) the driver of every other vehicle
shall yield the | ||||||
15 | right-of-way and shall immediately drive to a position
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16 | parallel to, and as close as possible to, the right-hand | ||||||
17 | edge or curb of
the highway clear of any intersection and | ||||||
18 | shall, if necessary to permit
the safe passage of the | ||||||
19 | emergency vehicle, stop and remain
in such position until | ||||||
20 | the authorized emergency vehicle has passed, unless
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21 | otherwise directed by a police officer; and
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22 | (2) the operator of every streetcar shall
immediately | ||||||
23 | stop such
car clear of any intersection and keep it in such |
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1 | position until the
authorized emergency vehicle has | ||||||
2 | passed, unless otherwise
directed by
a police officer.
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3 | (b) This Section shall not operate to relieve the driver | ||||||
4 | of an
authorized emergency vehicle from the duty to drive with | ||||||
5 | due regard for the
safety of all persons using the highway.
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6 | (c) Upon approaching a stationary authorized emergency | ||||||
7 | vehicle, when the
authorized emergency vehicle is giving a | ||||||
8 | signal by displaying alternately
flashing
red, red and white, | ||||||
9 | blue, or red and blue lights or amber or yellow warning
lights, | ||||||
10 | a
person who drives an approaching vehicle shall:
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11 | (1) proceeding with due caution, yield the | ||||||
12 | right-of-way by making a
lane change into a lane not | ||||||
13 | adjacent to that of the authorized
emergency vehicle, if | ||||||
14 | possible with due regard to safety and traffic
conditions, | ||||||
15 | if on a highway having at least 4 lanes with not less
than | ||||||
16 | 2 lanes proceeding in the same direction as the | ||||||
17 | approaching
vehicle; or
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18 | (2) if changing lanes would be impossible or unsafe, | ||||||
19 | proceeding with due caution, reduce the speed of the | ||||||
20 | vehicle,
maintaining a safe speed for road conditions and | ||||||
21 | leaving a safe distance until safely past the stationary | ||||||
22 | emergency vehicles.
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23 | The visual signal specified under this subsection (c) | ||||||
24 | given by an authorized emergency vehicle is an indication to | ||||||
25 | drivers of approaching vehicles that a hazardous condition is | ||||||
26 | present when circumstances are not immediately clear. Drivers |
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1 | of vehicles approaching a stationary emergency vehicle in any | ||||||
2 | lane shall heed the warning of the signal, reduce the speed of | ||||||
3 | the vehicle, proceed with due caution, maintain a safe speed | ||||||
4 | for road conditions, be prepared to stop, and leave a safe | ||||||
5 | distance until safely passed the stationary emergency vehicle. | ||||||
6 | As used in this subsection (c), "authorized emergency | ||||||
7 | vehicle"
includes any vehicle authorized by law to be equipped | ||||||
8 | with oscillating,
rotating, or flashing lights under Section | ||||||
9 | 12-215 of this Code, while the owner
or operator of the vehicle | ||||||
10 | is engaged in his or her official duties.
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11 | (d) A person who violates subsection (c) of this Section | ||||||
12 | commits a business
offense punishable by a fine of not less | ||||||
13 | than $250 or more than $10,000 for a first violation, and a | ||||||
14 | fine of not less than $750 or more than $10,000 for a second or | ||||||
15 | subsequent violation. It is a factor in
aggravation if the | ||||||
16 | person committed the offense while in violation of Section
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17 | 11-501 , 12-610.1, or 12-610.2 of this Code. Imposition of the | ||||||
18 | penalties authorized by this subsection (d) for a violation of | ||||||
19 | subsection (c) of this Section that results in the death of
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20 | another person does not preclude imposition of appropriate | ||||||
21 | additional civil or criminal penalties. A person who violates | ||||||
22 | subsection (c) and the violation results in damage to another | ||||||
23 | vehicle commits a Class A misdemeanor. A person who violates | ||||||
24 | subsection (c) and the violation results in the injury or | ||||||
25 | death of another person commits a Class 4 felony.
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26 | (e) If a violation of subsection (c) of this Section |
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1 | results in damage to
the
property of another person, in | ||||||
2 | addition to any other penalty imposed,
the person's driving | ||||||
3 | privileges shall be suspended for a fixed
period of not less | ||||||
4 | than 90 days and not more than one year.
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5 | (f) If a violation of subsection (c) of this Section | ||||||
6 | results in injury to
another
person, in addition to any other | ||||||
7 | penalty imposed,
the person's driving privileges shall be | ||||||
8 | suspended for a fixed period of not
less
than 180
days and not | ||||||
9 | more than 2 years.
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10 | (g) If a violation of subsection (c) of this Section | ||||||
11 | results in the death of
another person, in addition to any | ||||||
12 | other penalty imposed,
the person's driving privileges shall | ||||||
13 | be suspended for 2 years.
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14 | (h) The Secretary of State shall, upon receiving a record | ||||||
15 | of a judgment
entered against a person under subsection (c) of | ||||||
16 | this Section:
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17 | (1) suspend the person's driving privileges for the | ||||||
18 | mandatory period; or
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19 | (2) extend the period of an existing suspension by the | ||||||
20 | appropriate
mandatory period.
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21 | (i) The Scott's Law Fund shall be a special fund in the | ||||||
22 | State treasury. Subject to appropriation by the General | ||||||
23 | Assembly and approval by the Director, the Director of the | ||||||
24 | State Police shall use all moneys in the Scott's Law Fund in | ||||||
25 | the Department's discretion to fund the production of | ||||||
26 | materials to educate drivers on approaching stationary |
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1 | authorized emergency vehicles, to hire off-duty Department of | ||||||
2 | State Police for enforcement of this Section, and for other | ||||||
3 | law enforcement purposes the Director deems necessary in these | ||||||
4 | efforts. | ||||||
5 | (j) For violations of this Section issued by a county or | ||||||
6 | municipal police officer, the assessment shall be deposited | ||||||
7 | into the county's or municipality's Transportation Safety | ||||||
8 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
9 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
10 | county police officers to monitor construction or maintenance | ||||||
11 | zones in that county on highways other than interstate | ||||||
12 | highways. The county, in its discretion, may also use a | ||||||
13 | portion of the moneys in its Transportation Safety Highway | ||||||
14 | Hire-back Fund to purchase equipment for county law | ||||||
15 | enforcement and fund the production of materials to educate | ||||||
16 | drivers on construction zone safe driving habits and | ||||||
17 | approaching stationary authorized emergency vehicles. | ||||||
18 | (Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20 .)
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19 | (625 ILCS 5/11-907.2 new) | ||||||
20 | Sec. 11-907.2. Move Over Early Warning Task Force. | ||||||
21 | (a) The Move Over Early Warning Task Force is created to | ||||||
22 | study the issue of violations of Sections 11-907, 11-907.5, | ||||||
23 | and 11-908 with attention to the causes of violations and ways | ||||||
24 | to protect law enforcement and emergency responders. | ||||||
25 | (b) The Move Over Early Warning Task Force shall study new |
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1 | technologies and early warning systems in cellular phones and | ||||||
2 | vehicles that alert the public to the presence of first | ||||||
3 | responders and road safety hazards. | ||||||
4 | (c) The membership of the Task Force shall consist of the | ||||||
5 | following members: | ||||||
6 | (1) the Director of State Police or his or her | ||||||
7 | designee, who shall serve as chair; | ||||||
8 | (2) the Secretary of State or his or her designee; | ||||||
9 | (3) the Secretary of Transportation or his or her | ||||||
10 | designee; | ||||||
11 | (4) the Illinois Commerce Commission Chair or his or | ||||||
12 | her designee; | ||||||
13 | (5) the Statewide 911 Administrator; | ||||||
14 | (6) the Director of the Illinois Toll Highway | ||||||
15 | Authority or his or her designee; | ||||||
16 | (7) the President of the Illinois Association of | ||||||
17 | Chiefs of Police or his or her designee; | ||||||
18 | (8) the President of the Illinois Sheriffs' | ||||||
19 | Association or his or her designee; | ||||||
20 | (9) the President of the Associated Fire Fighters of | ||||||
21 | Illinois or his or her designee; | ||||||
22 | (10) the following persons appointed by the Governor: | ||||||
23 | (A) one representative of a statewide trucking | ||||||
24 | association; | ||||||
25 | (B) one representative of a Chicago area motor | ||||||
26 | club; |
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1 | (C) one incumbent local exchange carrier; and | ||||||
2 | (D) two representatives from a large wireless | ||||||
3 | carrier. | ||||||
4 | (d) The members of the Task Force shall serve without | ||||||
5 | compensation and may meet remotely via telephone or live video | ||||||
6 | conference platforms. | ||||||
7 | (e) The Task Force shall meet and present its report and | ||||||
8 | recommendations, including legislative recommendations, if | ||||||
9 | any, on how to better enforce the provisions described in | ||||||
10 | subsection (a) and use 21st-century driver communication | ||||||
11 | technology to prevent fatalities and injuries on Illinois | ||||||
12 | roadways, to the General Assembly no later than January 1, | ||||||
13 | 2023. | ||||||
14 | (f) The Illinois State Police shall provide administrative | ||||||
15 | support to the Task Force as needed. | ||||||
16 | (g) This Section is repealed on January 1, 2024.
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