Public Act 102-0336
 
HB3656 EnrolledLRB102 13852 RJF 19203 b


  
    AN ACT concerning government.
  
 
    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 and by adding Section 11-907.2  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 
    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 
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.

    (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 
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 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 
drivers on construction zone safe driving habits and 
approaching stationary authorized emergency vehicles. 
(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)

 
    (625 ILCS 5/11-907.2 new)
    Sec. 11-907.2. Move Over Early Warning Task Force.
    (a) The Move Over Early Warning Task Force is created to 
study the issue of violations of Sections 11-907, 11-907.5, 
and 11-908 with attention to the causes of violations and ways 
to protect law enforcement and emergency responders.
    (b) The Move Over Early Warning Task Force shall study 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.
    (c) The membership of the Task Force shall consist of the 
following members:
        (1)  the Director of State Police or his or her 
    designee, who shall serve as chair;
        (2) the Secretary of State or his or her designee;
        (3) the Secretary of Transportation or his or her 
    designee;
        (4) the Illinois Commerce Commission Chair or his or 
    her designee;
        (5) the Statewide 911 Administrator;
        (6) the Director of the Illinois Toll Highway 
    Authority or his or her designee;
        (7) the President of the Illinois Association of 
    Chiefs of Police or his or her designee;
        (8) the President of the Illinois Sheriffs' 
    Association or his or her designee;
        (9) the President of the Associated Fire Fighters of 
    Illinois or his or her designee;
        (10) the following persons appointed by the Governor:
            (A)  one representative of a statewide trucking 
        association;
            (B)  one representative of a Chicago area motor 
        club;
            (C) one incumbent local exchange carrier; and
            (D) two representatives from a large wireless 
        carrier.
    (d) The members of the Task Force shall serve without 
compensation and may meet remotely via telephone or live video 
conference platforms.
    (e) The Task Force shall meet and present its report and 
recommendations, including legislative recommendations, if 
any, on how to better enforce the provisions described in 
subsection (a) and use 21st-century driver communication 
technology to prevent fatalities and injuries on Illinois 
roadways, to the General Assembly no later than January 1, 
2023.
    (f) The Illinois State Police shall provide administrative 
support to the Task Force as needed.
    (g) This Section is repealed on January 1, 2024.