HB 795 – VEHICLE CODE – POLICE VEHICLES
SEN. SYVERSON (IACP OPPOSES)
The IACP and various law enforcement groups met with House Sponsor Ron Wait to voice concerns and
opposition to HB 795. One of the previsions of the bill that gave law enforcement concern was “that if an
act of reckless disregard causes great bodily harm or death to any person … that act shall be prima facie
evidence that the duty of due regard for the safety of all persons was not met.” Representative Wait
agreed to amend the bill and, please note that House Committee Amendment #1 is not as onerous as the
original bill.

Representative Wait brought family members of individuals who were killed by police officers responding
to various situations to testify that those officers were traveling at high rate of speeds, responding to non-emergency
situations without use emergency lighting and siren. During the testimony of these family
members, it was noted that several representative committee members were brought to tears. Even
though law enforcement opposed the bill, it passed out of Vehicles and Safety Committee 7-0-0. HB 795
eventually passed out of the House on a vote of 109-7-0. Senator Dave Syverson is the Senate sponsor
as the bill has been assigned to the Senate Transportation Committee.

The IACP continues to oppose the bill, recommending that this issue be handled by policy and procedure
rather than law. The representatives were not persuaded by this argument claiming that policies are in
place but some officers choose to disobey the policies with little consequence. They believe that a law
sends a stronger message that police need to be concerned about safety when responding to various
calls.

Once again the actions of a few police officers, who failed to follow policy and caused the death of
innocent persons, has brought about this reaction from the legislature.

The IACP will continue to oppose this legislation.

Short Description: VEH CD-POLICE VEHICLES-LIGHTS
House Sponsors: Rep. Ronald A. Wait - John D'Amico - Dennis M. Reboletti - Daniel V. Beiser - Chapin
Rose and Eddie Washington
Senate Sponsors: (Sen. Dave Syverson )
Last Action
Date Chamber Action
4/22/2009 Senate Assigned to Transportation
Statutes Amended In Order of Appearance
625 ILCS 5/11-205 from Ch. 95 1/2, par. 11-205

Synopsis As Introduced
Amends the Illinois Vehicle Code. Provides that the driver of a police vehicle must use oscillating,
rotating, or flashing lights when: (1) parking or standing, irrespective of the provisions of the Code; (2)
proceeding past a red or stop signal or stop sign; (3) exceeding the maximum speed limits; or (4)
disregarding regulations governing direction of movement or turning in specified directions. Provides that
the driver of a police vehicle must: (1) activate oscillating lights, rotating or flashing lights, sirens, or any
combination of such lights or sirens during a high speed vehicle response; (2) use lights and sirens to
warn pedestrians and other persons of his or her approach during an emergency response situation; and
(3) drive with due regard for the safety of other persons and exercise due care when operating a police
vehicle. Permits the driver of a police vehicle to use a covert approach when the situation dictates, but
requires the driver to reduce speed to conform with the current driving conditions in order to lessen the
danger posed to the general public. In connection with provisions concerning the duty of the driver of an
authorized emergency vehicle to drive with due regard for the safety of all persons, provides that if an act
of reckless disregard causes great bodily harm or death to any person or persons, that act shall be prima
facie evidence that the duty of due regard for the safety of all persons was not met. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that audible
signals shall be used to warn pedestrians and other drivers of an authorized emergency vehicle's
approach. Provides that the driver of a police vehicle must: (1) activate oscillating, rotating, or flashing
lights at all times during an emergency response when the maximum speed limit or other traffic
regulations are disregarded; (2) use sirens to warn pedestrians and other persons of his or her approach
during an emergency response situation; and when the maximum speed limit or other traffic regulations
are disregarded; and (3) drive with due regard for the safety of other persons and exercise due care when
operating a police vehicle. Provides that the driver of a police vehicle may use a covert approach during
an emergency response situation when the situation dictates such covert approach, but must comply with
all traffic laws if not utilizing lights and sirens as required by this Act. Defines "emergency response
situation". Effective immediately.

Actions
Date Chamber Action
2/9/2009 House Filed with the Clerk by Rep. Ronald A. Wait
2/9/2009 House First Reading
2/9/2009 House Referred to Rules Committee
2/11/2009 House Assigned to Vehicles & Safety Committee
3/11/2009 House House Committee Amendment No. 1 Filed with Clerk by Vehicles & Safety Committee
3/11/2009 House House Committee Amendment No. 1 Adopted in Vehicles & Safety Committee; by Voice Vote
3/11/2009 House Do Pass as Amended / Short Debate Vehicles & Safety Committee; 007-000-000
3/11/2009 House Placed on Calendar 2nd Reading - Short Debate
3/11/2009 House Added Chief Co-Sponsor Rep. John D'Amico
3/11/2009 House Added Chief Co-Sponsor Rep. Dennis M. Reboletti
3/11/2009 House Added Chief Co-Sponsor Rep. Daniel V. Beiser
3/11/2009 House Added Chief Co-Sponsor Rep. Chapin Rose
3/17/2009 House Second Reading - Short Debate
3/17/2009 House Placed on Calendar Order of 3rd Reading - Short Debate
3/25/2009 House Added Co-Sponsor Rep. Eddie Washington
3/25/2009 House Third Reading - Short Debate - Passed 109-007-000
3/26/2009 Senate Arrive in Senate
3/26/2009 Senate Placed on Calendar Order of First Reading March 30, 2009
3/26/2009 Senate Chief Senate Sponsor Sen. Dave Syverson
3/30/2009 Senate First Reading
3/30/2009 Senate Referred to Assignments
4/22/2009 Senate Assigned to Transportation


The link to the complete text: Red

Current statute:

(625 ILCS 5/11‑205) (from Ch. 95 1/2, par. 11‑205)
Sec. 11‑205. Public officers and employees to obey Act‑Exceptions.
(a) The provisions of this Chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this State or any county, city, town, district or any other political subdivision of the State, except as provided in this Section and subject to such specific exceptions as set forth in this Chapter with reference to authorized emergency vehicles.
(b) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.
(c) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of

this Chapter;
2. Proceed past a red or stop signal or stop sign,

but only after slowing down as may be required and necessary for safe operation;
3. Exceed the maximum speed limits so long as he

does not endanger life or property;
4. Disregard regulations governing direction of

movement or turning in specified directions.
(d) The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, shall apply only when the vehicle is making use of either an audible signal when in motion or visual signals meeting the requirements of Section 12‑215 of this Act.
(e) The foregoing provisions do not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(f) Unless specifically made applicable, the provisions of this Chapter, except those contained in Section 11‑204 and Articles IV and V of this Chapter, shall not apply to persons, motor vehicles and equipment while actually engaged in work upon a highway but shall apply to such persons and vehicles when traveling to or from such work.
(Source: P.A. 89‑710, eff. 2‑14‑97; 90‑257, eff. 7‑30‑97.)