Bill Text: IL SB0342 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that 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, on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle, a person who drives an approaching vehicle in a lane not immediately adjacent to that of the stationary authorized emergency vehicle shall: (1) reduce the speed of the vehicle, maintaining a safe speed for road conditions, and if possible, with due regard to safety and traffic conditions, yield the right-of-way to an approaching vehicle in the lane immediately adjacent to that of the authorized emergency vehicle that has activated an electric turn signal device indicating the intention of the driver to change out of the lane immediately adjacent to that of the authorized emergency vehicle into a lane farther from the stationary authorized emergency vehicle; or (2) proceeding with due caution and due regard to safety and traffic conditions, make a lane change into a lane farther from the stationary authorized emergency vehicle, if on a highway having at least 4 lanes with not less than 3 lanes proceeding in the same direction as the approaching vehicle.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2023-02-14 - Added as Co-Sponsor Sen. Meg Loughran Cappel [SB0342 Detail]

Download: Illinois-2023-SB0342-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0342 Introduced 2/2/2023, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907
Amends the Illinois Vehicle Code. Provides that 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, on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle, a person who drives an approaching vehicle in a lane not immediately adjacent to that of the stationary authorized emergency vehicle shall: (1) reduce the speed of the vehicle, maintaining a safe speed for road conditions, and if possible, with due regard to safety and traffic conditions, yield the right-of-way to an approaching vehicle in the lane immediately adjacent to that of the authorized emergency vehicle that has activated an electric turn signal device indicating the intention of the driver to change out of the lane immediately adjacent to that of the authorized emergency vehicle into a lane farther from the stationary authorized emergency vehicle; or (2) proceeding with due caution and due regard to safety and traffic conditions, make a lane change into a lane farther from the stationary authorized emergency vehicle, if on a highway having at least 4 lanes with not less than 3 lanes proceeding in the same direction as the approaching vehicle.
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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) 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

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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.
(c-5) 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,
on a highway having at least 4 lanes with not less than 2 lanes
proceeding in the same direction as the approaching vehicle, a
person who drives an approaching vehicle in a lane not
immediately adjacent to that of the stationary authorized
emergency vehicle shall:
(1) reduce the speed of the vehicle, maintaining a
safe speed for road conditions, and if possible, with due
regard to safety and traffic conditions, yield the
right-of-way to an approaching vehicle in the lane
immediately adjacent to that of the authorized emergency
vehicle that has activated an electric turn signal device
indicating the intention of the driver to change out of
the lane immediately adjacent to that of the authorized

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emergency vehicle into a lane farther from the stationary
authorized emergency vehicle; or
(2) proceeding with due caution and due regard to
safety and traffic conditions, make a lane change into a
lane farther from the stationary authorized emergency
vehicle, if on a highway having at least 4 lanes with not
less than 3 lanes proceeding in the same direction as the
approaching vehicle.
(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.)