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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1922 Introduced 2/6/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
| | | Amends the Right-of-Way Article of the Illinois Vehicle Code. Provides that the driver of a vehicle shall yield the right-of-way to any authorized emergency vehicle obviously and actually engaged in work upon a highway, whether stationary or not, and displaying flashing lights as provided in the Act. Provides that the driver of a vehicle shall yield the right-of-way to an emergency worker obviously and actually engaged in work upon a highway at an emergency scene, and the driver of a vehicle shall yield the right-of-way to any pedestrian upon a highway directly involved in the emergency scene. Makes corresponding changes to penalty provisions. | |
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 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 as follows:
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| 6 | | (625 ILCS 5/11-907) |
| 7 | | Sec. 11-907. Operation of vehicles and streetcars on |
| 8 | | approach of authorized emergency vehicles. |
| 9 | | (a) Upon the immediate approach of an authorized emergency |
| 10 | | vehicle making use of audible and visual signals meeting the |
| 11 | | requirements of this Code or a police vehicle properly and |
| 12 | | lawfully making use of an audible or visual signal: |
| 13 | | (1) the driver of every other vehicle shall yield the |
| 14 | | right-of-way and shall immediately drive to a position |
| 15 | | parallel to, and as close as possible to, the right-hand |
| 16 | | edge or curb of the highway clear of any intersection and |
| 17 | | shall, if necessary to permit the safe passage of the |
| 18 | | emergency vehicle, stop and remain in such position until |
| 19 | | the authorized emergency vehicle has passed, unless |
| 20 | | otherwise directed by a police officer; and |
| 21 | | (2) the operator of every streetcar shall immediately |
| 22 | | stop such car clear of any intersection and keep it in such |
| 23 | | position until the authorized emergency vehicle has |
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| 1 | | passed, unless otherwise directed by a police officer. |
| 2 | | (b) This Section shall not operate to relieve the driver |
| 3 | | of an authorized emergency vehicle from the duty to drive with |
| 4 | | due regard for the safety of all persons using the highway. |
| 5 | | (c) Upon approaching a stationary authorized emergency |
| 6 | | vehicle or emergency scene, when the stationary authorized |
| 7 | | emergency vehicle is giving a visual signal by displaying |
| 8 | | oscillating, rotating, or flashing lights as authorized under |
| 9 | | Section 12-215 of this Code, a person who drives an |
| 10 | | approaching vehicle shall: |
| 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 and reduce the speed of the vehicle to |
| 18 | | a speed that is reasonable and proper with regard to |
| 19 | | traffic conditions and the use of the highway to avoid a |
| 20 | | collision and leaving a safe distance until safely past |
| 21 | | the stationary emergency vehicle; or |
| 22 | | (2) if changing lanes would be impossible or unsafe, |
| 23 | | proceeding with due caution, reduce the speed of the |
| 24 | | vehicle to a speed that is reasonable and proper with |
| 25 | | regard to traffic conditions and the use of the highway to |
| 26 | | avoid a collision, maintaining a safe speed for road |
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| 1 | | conditions and leaving a safe distance until safely past |
| 2 | | the stationary emergency vehicles. |
| 3 | | The visual signal specified under this subsection (c) |
| 4 | | given by a stationary authorized emergency vehicle is an |
| 5 | | indication to drivers of approaching vehicles that a hazardous |
| 6 | | condition is present when circumstances are not immediately |
| 7 | | clear. Drivers of vehicles approaching a stationary authorized |
| 8 | | emergency vehicle in any lane shall heed the warning of the |
| 9 | | signal, reduce the speed of the vehicle, proceed with due |
| 10 | | caution, maintain a safe speed for road conditions, be |
| 11 | | prepared to stop, and leave a safe distance until safely |
| 12 | | passed the stationary emergency vehicle. |
| 13 | | As used in this subsection (c), "authorized emergency |
| 14 | | vehicle" includes any vehicle authorized by law to be equipped |
| 15 | | with oscillating, rotating, or flashing lights under Section |
| 16 | | 12-215 of this Code, while the owner or operator of the vehicle |
| 17 | | is engaged in his or her official duties. As used in this |
| 18 | | subsection (c), "emergency scene" means a location where a |
| 19 | | stationary authorized emergency vehicle as defined by herein |
| 20 | | is present and has activated its oscillating, rotating, or |
| 21 | | flashing lights. |
| 22 | | (c-5) The driver of a vehicle shall yield the right-of-way |
| 23 | | to any authorized emergency vehicle obviously and actually |
| 24 | | engaged in work upon a highway, whether stationary or not, and |
| 25 | | displaying flashing lights as provided in Section 12-215 of |
| 26 | | this Act. |
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| 1 | | (c-10) The driver of a vehicle shall yield the |
| 2 | | right-of-way to an emergency worker obviously and actually |
| 3 | | engaged in work upon a highway at an emergency scene. The |
| 4 | | driver of a vehicle shall yield the right-of-way to any |
| 5 | | pedestrian upon a highway directly involved in the emergency |
| 6 | | scene. |
| 7 | | (d) A person who violates subsection (c), (c-5), or |
| 8 | | (c-10), of this Section commits a business offense punishable |
| 9 | | by a fine of not less than $250 or more than $10,000 for a |
| 10 | | first violation, and a fine of not less than $750 or more than |
| 11 | | $10,000 for a second or subsequent violation. It is a factor in |
| 12 | | aggravation if the person committed the offense while in |
| 13 | | violation of Section 11-501, 12-610.1, or 12-610.2 of this |
| 14 | | Code. Imposition of the penalties authorized by this |
| 15 | | subsection (d) for a violation of subsection (c) of this |
| 16 | | Section that results in the death of another person does not |
| 17 | | preclude imposition of appropriate additional civil or |
| 18 | | criminal penalties. A person who violates subsection (c) and |
| 19 | | the violation results in damage to another vehicle commits a |
| 20 | | Class A misdemeanor. A person who violates subsection (c) and |
| 21 | | the violation results in the injury or death of another person |
| 22 | | commits a Class 4 felony. |
| 23 | | (e) If a violation of subsection (c), (c-5), or (c-10), of |
| 24 | | this Section results in damage to the property of another |
| 25 | | person, in addition to any other penalty imposed, the person's |
| 26 | | driving privileges shall be suspended for a fixed period of |
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| 1 | | not less than 90 days and not more than one year. |
| 2 | | (f) If a violation of subsection (c), (c-5), or (c-10), of |
| 3 | | this Section results in injury to another person, in addition |
| 4 | | to any other penalty imposed, the person's driving privileges |
| 5 | | shall be suspended for a fixed period of not less than 180 days |
| 6 | | and not more than 2 years. |
| 7 | | (g) If a violation of subsection (c), (c-5), or(c-10), of |
| 8 | | this Section results in the death of another person, in |
| 9 | | addition to any other penalty imposed, the person's driving |
| 10 | | privileges shall be suspended for 2 years. |
| 11 | | (h) The Secretary of State shall, upon receiving a record |
| 12 | | of a judgment entered against a person under subsection (c), |
| 13 | | (c-5), or (c-10), of this Section: |
| 14 | | (1) suspend the person's driving privileges for the |
| 15 | | mandatory period; or |
| 16 | | (2) extend the period of an existing suspension by the |
| 17 | | appropriate mandatory period. |
| 18 | | (i) The Scott's Law Fund shall be a special fund in the |
| 19 | | State treasury. Subject to appropriation by the General |
| 20 | | Assembly and approval by the Director, the Director of the |
| 21 | | State Police shall use all moneys in the Scott's Law Fund in |
| 22 | | the Department's discretion to fund the production of |
| 23 | | materials to educate drivers on approaching stationary |
| 24 | | authorized emergency vehicles, to hire off-duty Illinois State |
| 25 | | Police for enforcement of this Section, and for other law |
| 26 | | enforcement purposes the Director deems necessary in these |
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| 1 | | efforts. |
| 2 | | (j) For violations of this Section issued by a county or |
| 3 | | municipal police officer, the assessment shall be deposited |
| 4 | | into the county's or municipality's Transportation Safety |
| 5 | | Highway Hire-back Fund. The county shall use the moneys in its |
| 6 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
| 7 | | county police officers to monitor construction or maintenance |
| 8 | | zones in that county on highways other than interstate |
| 9 | | highways. The county, in its discretion, may also use a |
| 10 | | portion of the moneys in its Transportation Safety Highway |
| 11 | | Hire-back Fund to purchase equipment for county law |
| 12 | | enforcement and fund the production of materials to educate |
| 13 | | drivers on construction zone safe driving habits and |
| 14 | | approaching stationary authorized emergency vehicles. |
| 15 | | (k) In addition to other penalties imposed by this |
| 16 | | Section, the court may order a person convicted of a violation |
| 17 | | of subsection (c), (c-5), or (c-10), to perform community |
| 18 | | service as determined by the court. |
| 19 | | (Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; |
| 20 | | 102-813, eff. 5-13-22; 103-667, eff. 1-1-25; 103-711, eff. |
| 21 | | 1-1-25; revised 11-26-24.) |