SCOTTS LAW-CONSTRUCTION/FARMER

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HB3204 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3204

Introduced 2/18/2025, by Rep. Jason R. Bunting

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-907

Amends the Illinois Vehicle Code. Provides that when a construction
vehicle or farm vehicle properly and lawfully making use of an audible or
visual approaches any other vehicle: (1) the driver of the 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 construction vehicle or farm vehicle, stop and remain
in such position until the construction vehicle or farm vehicle has
passed; and (2) the operator of every streetcar shall immediately stop
such car clear of any intersection and keep it in such position until the
construction vehicle or farm vehicle has passed. Provides that approaching
a stationary construction vehicle or farm vehicle, when the stationary
construction vehicle or farm vehicle is making use of an audible or visual
signal, 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 construction vehicle or farm 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 conditions and leaving a safe
distance until safely past the stationary construction vehicles or farm
vehicles. Makes conforming changes.
LRB104 08900 LNS 18955 b

A BILL FOR

HB3204
LRB104 08900 LNS 18955 b
1

AN ACT concerning transportation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Vehicle Code is amended by
5
changing Section 11-907 as follows:

6

(625 ILCS 5/11-907)
7

Sec. 11-907.
Operation of vehicles and streetcars on
8
approach of authorized emergency vehicles
, construction
9
vehicles, and farm 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
construction
13
vehicle, or farm vehicle
properly and lawfully making use of
14
an audible or visual signal:
15

(1) the driver of every other vehicle shall yield the
16

right-of-way and shall immediately drive to a position
17

parallel to, and as close as possible to, the right-hand
18

edge or curb of the highway clear of any intersection and
19

shall, if necessary to permit the safe passage of the
20

authorized
emergency vehicle,
police vehicle, construction
21

vehicle, or farm vehicle,
stop and remain in such position
22

until the authorized emergency vehicle
, police vehicle,
23

construction vehicle, or farm vehicle
has passed, unless

HB3204
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LRB104 08900 LNS 18955 b
1

otherwise directed by a police officer; and
2

(2) the operator of every streetcar shall immediately
3

stop such car clear of any intersection and keep it in such
4

position until the authorized emergency vehicle
, police
5

vehicle, construction vehicle, or farm vehicle
has passed,
6

unless otherwise directed by a police officer.
7

(b) This Section shall not operate to relieve the driver
8
of an authorized emergency vehicle
, police vehicle,
9
construction vehicle, or farm vehicle
from the duty to drive
10
with due regard for the safety of all persons using the
11
highway.
12

(c) Upon approaching a stationary authorized emergency
13
vehicle
, police vehicle, construction vehicle, or farm vehicle

14
or emergency scene, when the stationary authorized emergency
15
vehicle is giving a visual signal by displaying oscillating,
16
rotating, or flashing lights as authorized under Section
17
12-215 of this Code
or the stationary police vehicle,
18
construction vehicle, or farm vehicle is making use of an
19
audible or visual signal
, a person who drives an approaching
20
vehicle shall:
21

(1) proceeding with due caution, yield the
22

right-of-way by making a lane change into a lane not
23

adjacent to that of the authorized emergency vehicle
,
24

police vehicle, construction vehicle, or farm vehicle
, if
25

possible with due regard to safety and traffic conditions,
26

if on a highway having at least 4 lanes with not less than

HB3204
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LRB104 08900 LNS 18955 b
1

2 lanes proceeding in the same direction as the
2

approaching vehicle and reduce the speed of the vehicle to
3

a speed that is reasonable and proper with regard to
4

traffic conditions and the use of the highway to avoid a
5

collision and leaving a safe distance until safely past
6

the stationary emergency vehicle; or
7

(2) if changing lanes would be impossible or unsafe,
8

proceeding with due caution, reduce the speed of the
9

vehicle to a speed that is reasonable and proper with
10

regard to traffic conditions and the use of the highway to
11

avoid a collision, maintaining a safe speed for road
12

conditions and leaving a safe distance until safely past
13

the stationary emergency vehicles
, police vehicles,
14

construction vehicles, or farm vehicles
.
15

The visual signal specified under this subsection (c)
16
given by a stationary authorized emergency vehicle
, police
17
vehicle, construction vehicle, or farm vehicle
is an
18
indication to drivers of approaching vehicles that a hazardous
19
condition is present when circumstances are not immediately
20
clear. Drivers of vehicles approaching a stationary authorized
21
emergency vehicle
, police vehicle, construction vehicle, or
22
farm vehicle
in any lane shall heed the warning of the signal,
23
reduce the speed of the vehicle, proceed with due caution,
24
maintain a safe speed for road conditions, be prepared to
25
stop, and leave a safe distance until safely passed the
26
stationary emergency vehicle
, police vehicle, construction

HB3204
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LRB104 08900 LNS 18955 b
1
vehicle, or farm vehicle
.
2

As used in this subsection (c), "authorized emergency
3
vehicle" includes any vehicle authorized by law to be equipped
4
with oscillating, rotating, or flashing lights under Section
5
12-215 of this Code, while the owner or operator of the vehicle
6
is engaged in his or her official duties. As used in this
7
subsection (c), "emergency scene" means a location where a
8
stationary authorized emergency vehicle as defined by herein
9
is present and has activated its oscillating, rotating, or
10
flashing lights.
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
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
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.
26

(e) If a violation of subsection (c) of this Section

HB3204
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LRB104 08900 LNS 18955 b
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.
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.
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.
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:
17

(1) suspend the person's driving privileges for the
18

mandatory period; or
19

(2) extend the period of an existing suspension by the
20

appropriate mandatory period.
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

HB3204
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LRB104 08900 LNS 18955 b
1
authorized emergency vehicles,
police vehicle, construction
2
vehicle, or farm vehicle,
to hire off-duty Illinois State
3
Police for enforcement of this Section, and for other law
4
enforcement purposes the Director deems necessary in these
5
efforts.
6

(j) For violations of this Section issued by a county or
7
municipal police officer, the assessment shall be deposited
8
into the county's or municipality's Transportation Safety
9
Highway Hire-back Fund. The county shall use the moneys in its
10
Transportation Safety Highway Hire-back Fund to hire off-duty
11
county police officers to monitor construction or maintenance
12
zones in that county on highways other than interstate
13
highways. The county, in its discretion, may also use a
14
portion of the moneys in its Transportation Safety Highway
15
Hire-back Fund to purchase equipment for county law
16
enforcement and fund the production of materials to educate
17
drivers on construction zone safe driving habits and
18
approaching stationary authorized emergency vehicles
, police
19
vehicle, construction vehicle, or farm vehicle
.
20

(k) In addition to other penalties imposed by this
21
Section, the court may order a person convicted of a violation
22
of subsection (c) to perform community service as determined
23
by the court.
24
(Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22;
25
102-813, eff. 5-13-22; 103-667, eff. 1-1-25; 103-711, eff.
26
1-1-25; revised 11-26-24.)

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