SB0086enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 12-610.2 as follows:
 
6    (625 ILCS 5/12-610.2)
7    (Text of Section before amendment by P.A. 100-858)
8    Sec. 12-610.2. Electronic communication devices.
9    (a) As used in this Section:
10    "Electronic communication device" means an electronic
11device, including, but not limited to, a hand-held wireless
12telephone, hand-held personal digital assistant, or a portable
13or mobile computer, but does not include a global positioning
14system or navigation system or a device that is physically or
15electronically integrated into the motor vehicle.
16    (b) A person may not operate a motor vehicle on a roadway
17while using an electronic communication device.
18    (b-5) A person commits aggravated use of an electronic
19communication device when he or she violates subsection (b) and
20in committing the violation he or she is was involved in a
21motor vehicle accident that results in great bodily harm,
22permanent disability, disfigurement, or death to another and
23the violation is was a proximate cause of the injury or death.

 

 

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1    (c) A second or subsequent violation of this Section is an
2offense against traffic regulations governing the movement of
3vehicles. A person who violates this Section shall be fined a
4maximum of $75 for a first offense, $100 for a second offense,
5$125 for a third offense, and $150 for a fourth or subsequent
6offense.
7    (d) This Section does not apply to:
8        (1) a law enforcement officer or operator of an
9    emergency vehicle while performing his or her official
10    duties;
11        (1.5) a first responder, including a volunteer first
12    responder responders, while operating his or her own
13    personal motor vehicle using an electronic communication
14    device for the sole purpose of receiving information about
15    an emergency situation while en route to performing his or
16    her official duties;
17        (2) a driver using an electronic communication device
18    for the sole purpose of reporting an emergency situation
19    and continued communication with emergency personnel
20    during the emergency situation;
21        (3) a driver using an electronic communication device
22    in hands-free or voice-operated mode, which may include the
23    use of a headset;
24        (4) a driver of a commercial motor vehicle reading a
25    message displayed on a permanently installed communication
26    device designed for a commercial motor vehicle with a

 

 

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1    screen that does not exceed 10 inches tall by 10 inches
2    wide in size;
3        (5) a driver using an electronic communication device
4    while parked on the shoulder of a roadway;
5        (6) a driver using an electronic communication device
6    when the vehicle is stopped due to normal traffic being
7    obstructed and the driver has the motor vehicle
8    transmission in neutral or park;
9        (7) a driver using two-way or citizens band radio
10    services;
11        (8) a driver using two-way mobile radio transmitters or
12    receivers for licensees of the Federal Communications
13    Commission in the amateur radio service;
14        (9) a driver using an electronic communication device
15    by pressing a single button to initiate or terminate a
16    voice communication; or
17        (10) a driver using an electronic communication device
18    capable of performing multiple functions, other than a
19    hand-held wireless telephone or hand-held personal digital
20    assistant (for example, a fleet management system,
21    dispatching device, citizens band radio, or music player)
22    for a purpose that is not otherwise prohibited by this
23    Section.
24    (e) A person convicted of violating subsection (b-5)
25commits a Class A misdemeanor if the violation resulted in
26great bodily harm, permanent disability, or disfigurement to

 

 

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1another. A person convicted of violating subsection (b-5)
2commits a Class 4 felony if the violation resulted in the death
3of another person.
4(Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.)
 
5    (Text of Section after amendment by P.A. 100-858)
6    Sec. 12-610.2. Electronic communication devices.
7    (a) As used in this Section:
8    "Electronic communication device" means an electronic
9device, including, but not limited to, a hand-held wireless
10telephone, hand-held personal digital assistant, or a portable
11or mobile computer, but does not include a global positioning
12system or navigation system or a device that is physically or
13electronically integrated into the motor vehicle.
14    (b) A person may not operate a motor vehicle on a roadway
15while using an electronic communication device, including
16using an electronic communication device to watch or stream
17video.
18    (b-5) A person commits aggravated use of an electronic
19communication device when he or she violates subsection (b) and
20in committing the violation he or she is was involved in a
21motor vehicle accident that results in great bodily harm,
22permanent disability, disfigurement, or death to another and
23the violation is was a proximate cause of the injury or death.
24    (c) A violation of this Section is an offense against
25traffic regulations governing the movement of vehicles. A

 

 

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1person who violates this Section shall be fined a maximum of
2$75 for a first offense, $100 for a second offense, $125 for a
3third offense, and $150 for a fourth or subsequent offense.
4    (d) This Section does not apply to:
5        (1) a law enforcement officer or operator of an
6    emergency vehicle while performing his or her official
7    duties;
8        (1.5) a first responder, including a volunteer first
9    responder responders, while operating his or her own
10    personal motor vehicle using an electronic communication
11    device for the sole purpose of receiving information about
12    an emergency situation while en route to performing his or
13    her official duties;
14        (2) a driver using an electronic communication device
15    for the sole purpose of reporting an emergency situation
16    and continued communication with emergency personnel
17    during the emergency situation;
18        (3) a driver using an electronic communication device
19    in hands-free or voice-operated mode, which may include the
20    use of a headset;
21        (4) a driver of a commercial motor vehicle reading a
22    message displayed on a permanently installed communication
23    device designed for a commercial motor vehicle with a
24    screen that does not exceed 10 inches tall by 10 inches
25    wide in size;
26        (5) a driver using an electronic communication device

 

 

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1    while parked on the shoulder of a roadway;
2        (6) a driver using an electronic communication device
3    when the vehicle is stopped due to normal traffic being
4    obstructed and the driver has the motor vehicle
5    transmission in neutral or park;
6        (7) a driver using two-way or citizens band radio
7    services;
8        (8) a driver using two-way mobile radio transmitters or
9    receivers for licensees of the Federal Communications
10    Commission in the amateur radio service;
11        (9) a driver using an electronic communication device
12    by pressing a single button to initiate or terminate a
13    voice communication; or
14        (10) a driver using an electronic communication device
15    capable of performing multiple functions, other than a
16    hand-held wireless telephone or hand-held personal digital
17    assistant (for example, a fleet management system,
18    dispatching device, citizens band radio, or music player)
19    for a purpose that is not otherwise prohibited by this
20    Section.
21    (e) A person convicted of violating subsection (b-5)
22commits a Class A misdemeanor if the violation resulted in
23great bodily harm, permanent disability, or disfigurement to
24another. A person convicted of violating subsection (b-5)
25commits a Class 4 felony if the violation resulted in the death
26of another person.

 

 

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1(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
2revised 10-15-18.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.