Bill Text: IL HB5370 | 2023-2024 | 103rd General Assembly | Engrossed

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

---

Bill Title: Amends the Illinois Vehicle Code. Requires that upon approaching an emergency scene, a stationary authorized emergency vehicle, or a construction or maintenance area or zone, a person who drives a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change, 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 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 authorized emergency vehicle, or construction or maintenance area or zone. Provides that 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, or until safely past the construction or maintenance area or zone.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0711 [HB5370 Detail]

Download: Illinois-2023-HB5370-Engrossed.html

---

HB5370 Engrossed LRB103 39481 RPS 69676 b
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 Sections 11-907 and 11-908 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

HB5370 Engrossed - 2 - LRB103 39481 RPS 69676 b
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

HB5370 Engrossed - 3 - LRB103 39481 RPS 69676 b
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

HB5370 Engrossed - 4 - LRB103 39481 RPS 69676 b
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

HB5370 Engrossed - 5 - LRB103 39481 RPS 69676 b
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

HB5370 Engrossed - 6 - LRB103 39481 RPS 69676 b
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.)
(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
Sec. 11-908. Vehicle approaching or entering a highway
construction or maintenance area or zone.
(a) The driver of a vehicle shall yield the right-of-way
to any authorized vehicle or pedestrian actually engaged in
work upon a highway within any highway construction or
maintenance area indicated by official traffic-control
devices.
(a-1) Upon entering a construction or maintenance zone
when workers are present, a person who drives a vehicle shall:
(1) proceeding with due caution, yield the
right-of-way by making make a lane change into a lane not
adjacent to that of the workers present, 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

HB5370 Engrossed - 7 - LRB103 39481 RPS 69676 b
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
construction or maintenance zone; or
(2) 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 until safely past the construction or
maintenance zone, maintaining a safe speed for road
conditions, if changing lanes would be impossible or
unsafe.
(a-2) A person who violates subsection (a-1) of this
Section commits a business offense punishable by a fine of not
less than $100 and not more than $25,000. It is a factor in
aggravation if the person committed the offense while in
violation of Section 11-501 of this Code.
(a-3) If a violation of subsection (a-1) 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.
(a-4) If a violation of subsection (a-1) 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.

HB5370 Engrossed - 8 - LRB103 39481 RPS 69676 b