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Public Act 101-0090


 

Public Act 0090 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0090
 
HB2386 EnrolledLRB101 08836 TAE 53925 b

    AN ACT concerning transportation.
 
    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
Sections 6-206 and 12-610.2 as follows:
 
    (625 ILCS 5/6-206)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in injury
    requiring immediate professional treatment in a medical
    facility or doctor's office to any person, except that any
    suspension or revocation imposed by the Secretary of State
    under the provisions of this subsection shall start no
    later than 6 months after being convicted of violating a
    law or ordinance regulating the movement of traffic, which
    violation is related to the accident, or shall start not
    more than one year after the date of the accident,
    whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    State when the person's driving privilege or privilege to
    obtain a driver's license or permit was revoked or
    suspended unless the operation was authorized by a
    monitoring device driving permit, judicial driving permit
    issued prior to January 1, 2009, probationary license to
    drive, or a restricted driving permit issued under this
    Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
    14B of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 relating
    to criminal trespass to vehicles in which case, the
    suspension shall be for one year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. Has, since issuance of a driver's license or
    permit, been adjudged to be afflicted with or suffering
    from any mental disability or disease;
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 or the Criminal Code of 2012
    relating to unlawful use of weapons, in which case the
    suspension shall be for one year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois or in
    another state of or for a traffic related offense that is
    the same as or similar to an offense specified under
    Section 6-205 or 6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. Has violated Section 6-16 of the Liquor Control Act
    of 1934;
        28. Has been convicted for a first time of the illegal
    possession, while operating or in actual physical control,
    as a driver, of a motor vehicle, of any controlled
    substance prohibited under the Illinois Controlled
    Substances Act, any cannabis prohibited under the Cannabis
    Control Act, or any methamphetamine prohibited under the
    Methamphetamine Control and Community Protection Act, in
    which case the person's driving privileges shall be
    suspended for one year. Any defendant found guilty of this
    offense while operating a motor vehicle, shall have an
    entry made in the court record by the presiding judge that
    this offense did occur while the defendant was operating a
    motor vehicle and order the clerk of the court to report
    the violation to the Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute, promoting juvenile
    prostitution as described in subdivision (a)(1), (a)(2),
    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
    or the Criminal Code of 2012, and the manufacture, sale or
    delivery of controlled substances or instruments used for
    illegal drug use or abuse in which case the driver's
    driving privileges shall be suspended for one year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 of this Code or Section 5-16c of the Boat
    Registration and Safety Act or has submitted to a test
    resulting in an alcohol concentration of 0.08 or more or
    any amount of a drug, substance, or compound resulting from
    the unlawful use or consumption of cannabis as listed in
    the Cannabis Control Act, a controlled substance as listed
    in the Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, in which case the
    penalty shall be as prescribed in Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 relating
    to the aggravated discharge of a firearm if the offender
    was located in a motor vehicle at the time the firearm was
    discharged, in which case the suspension shall be for 3
    years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this Code
    or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code or a similar provision of a local ordinance;
        35. Has committed a violation of Section 11-1301.6 of
    this Code or a similar provision of a local ordinance;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24 month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code that resulted in damage to the
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code, a similar provision of a
    local ordinance, or a similar violation in any other state
    within 2 years of the date of the previous violation, in
    which case the suspension shall be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code or a similar provision of a
    local ordinance;
        43. Has received a disposition of court supervision for
    a violation of subsection (a), (d), or (e) of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance, in which case the suspension shall be
    for a period of 3 months;
        44. Is under the age of 21 years at the time of arrest
    and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges
    suspended or revoked pursuant to subparagraph 36 of this
    Section;
        45. Has, in connection with or during the course of a
    formal hearing conducted under Section 2-118 of this Code:
    (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person;
        46. Has committed a violation of subsection (j) of
    Section 3-413 of this Code;
        47. Has committed a violation of Section 11-502.1 of
    this Code; or
        48. Has submitted a falsified or altered medical
    examiner's certificate to the Secretary of State or
    provided false information to obtain a medical examiner's
    certificate; or .
        49. Has committed a violation of subsection (b-5) of
    Section 12-610.2 that resulted in great bodily harm,
    permanent disability, or disfigurement, in which case the
    driving privileges shall be suspended for 12 months.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
    (c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
    2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
    The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
    Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
    3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order of
suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's household
to and from daycare. The petitioner must demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare.
        (A) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    where the use of alcohol or other drugs is recited as an
    element of the offense, or a similar out-of-state offense,
    or a combination of these offenses, arising out of separate
    occurrences, that person, if issued a restricted driving
    permit, may not operate a vehicle unless it has been
    equipped with an ignition interlock device as defined in
    Section 1-129.1.
        (B) If a person's license or permit is revoked or
    suspended 2 or more times due to any combination of:
            (i) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense or Section
        9-3 of the Criminal Code of 1961 or the Criminal Code
        of 2012, where the use of alcohol or other drugs is
        recited as an element of the offense, or a similar
        out-of-state offense; or
            (ii) a statutory summary suspension or revocation
        under Section 11-501.1; or
            (iii) a suspension under Section 6-203.1;
    arising out of separate occurrences; that person, if issued
    a restricted driving permit, may not operate a vehicle
    unless it has been equipped with an ignition interlock
    device as defined in Section 1-129.1.
        (B-5) If a person's license or permit is revoked or
    suspended due to a conviction for a violation of
    subparagraph (C) or (F) of paragraph (1) of subsection (d)
    of Section 11-501 of this Code, or a similar provision of a
    local ordinance or similar out-of-state offense, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (C) The person issued a permit conditioned upon the use
    of an ignition interlock device must pay to the Secretary
    of State DUI Administration Fund an amount not to exceed
    $30 per month. The Secretary shall establish by rule the
    amount and the procedures, terms, and conditions relating
    to these fees.
        (D) If the restricted driving permit is issued for
    employment purposes, then the prohibition against
    operating a motor vehicle that is not equipped with an
    ignition interlock device does not apply to the operation
    of an occupational vehicle owned or leased by that person's
    employer when used solely for employment purposes. For any
    person who, within a 5-year period, is convicted of a
    second or subsequent offense under Section 11-501 of this
    Code, or a similar provision of a local ordinance or
    similar out-of-state offense, this employment exemption
    does not apply until either a one-year period has elapsed
    during which that person had his or her driving privileges
    revoked or a one-year period has elapsed during which that
    person had a restricted driving permit which required the
    use of an ignition interlock device on every motor vehicle
    owned or operated by that person.
        (E) In each case the Secretary may issue a restricted
    driving permit for a period deemed appropriate, except that
    all permits shall expire no later than 2 years from the
    date of issuance. A restricted driving permit issued under
    this Section shall be subject to cancellation, revocation,
    and suspension by the Secretary of State in like manner and
    for like cause as a driver's license issued under this Code
    may be cancelled, revoked, or suspended; except that a
    conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension, or
    cancellation of a restricted driving permit. The Secretary
    of State may, as a condition to the issuance of a
    restricted driving permit, require the applicant to
    participate in a designated driver remedial or
    rehabilitative program. The Secretary of State is
    authorized to cancel a restricted driving permit if the
    permit holder does not successfully complete the program.
        (F) A person subject to the provisions of paragraph 4
    of subsection (b) of Section 6-208 of this Code may make
    application for a restricted driving permit at a hearing
    conducted under Section 2-118 of this Code after the
    expiration of 5 years from the effective date of the most
    recent revocation or after 5 years from the date of release
    from a period of imprisonment resulting from a conviction
    of the most recent offense, whichever is later, provided
    the person, in addition to all other requirements of the
    Secretary, shows by clear and convincing evidence:
            (i) a minimum of 3 years of uninterrupted
        abstinence from alcohol and the unlawful use or
        consumption of cannabis under the Cannabis Control
        Act, a controlled substance under the Illinois
        Controlled Substances Act, an intoxicating compound
        under the Use of Intoxicating Compounds Act, or
        methamphetamine under the Methamphetamine Control and
        Community Protection Act; and
            (ii) the successful completion of any
        rehabilitative treatment and involvement in any
        ongoing rehabilitative activity that may be
        recommended by a properly licensed service provider
        according to an assessment of the person's alcohol or
        drug use under Section 11-501.01 of this Code.
        In determining whether an applicant is eligible for a
    restricted driving permit under this subparagraph (F), the
    Secretary may consider any relevant evidence, including,
    but not limited to, testimony, affidavits, records, and the
    results of regular alcohol or drug tests. Persons subject
    to the provisions of paragraph 4 of subsection (b) of
    Section 6-208 of this Code and who have been convicted of
    more than one violation of paragraph (3), paragraph (4), or
    paragraph (5) of subsection (a) of Section 11-501 of this
    Code shall not be eligible to apply for a restricted
    driving permit under this subparagraph (F).
        A restricted driving permit issued under this
    subparagraph (F) shall provide that the holder may only
    operate motor vehicles equipped with an ignition interlock
    device as required under paragraph (2) of subsection (c) of
    Section 6-205 of this Code and subparagraph (A) of
    paragraph 3 of subsection (c) of this Section. The
    Secretary may revoke a restricted driving permit or amend
    the conditions of a restricted driving permit issued under
    this subparagraph (F) if the holder operates a vehicle that
    is not equipped with an ignition interlock device, or for
    any other reason authorized under this Code.
        A restricted driving permit issued under this
    subparagraph (F) shall be revoked, and the holder barred
    from applying for or being issued a restricted driving
    permit in the future, if the holder is convicted of a
    violation of Section 11-501 of this Code, a similar
    provision of a local ordinance, or a similar offense in
    another state.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
99-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
    (625 ILCS 5/12-610.2)
    (Text of Section before amendment by P.A. 100-858)
    Sec. 12-610.2. Electronic communication devices.
    (a) As used in this Section:
    "Electronic communication device" means an electronic
device, including, but not limited to, a hand-held wireless
telephone, hand-held personal digital assistant, or a portable
or mobile computer, but does not include a global positioning
system or navigation system or a device that is physically or
electronically integrated into the motor vehicle.
    (b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device.
    (b-5) A person commits aggravated use of an electronic
communication device when he or she violates subsection (b) and
in committing the violation he or she is was involved in a
motor vehicle accident that results in great bodily harm,
permanent disability, disfigurement, or death to another and
the violation is was a proximate cause of the injury or death.
    (c) A second or subsequent violation of this Section is an
offense against traffic regulations governing the movement of
vehicles. A person who violates this Section shall be fined a
maximum of $75 for a first offense, $100 for a second offense,
$125 for a third offense, and $150 for a fourth or subsequent
offense, except that a person who violates subsection (b-5)
shall be assessed a minimum fine of $1,000.
    (d) This Section does not apply to:
        (1) a law enforcement officer or operator of an
    emergency vehicle while performing his or her official
    duties;
        (1.5) a first responder, including a volunteer first
    responder responders, while operating his or her own
    personal motor vehicle using an electronic communication
    device for the sole purpose of receiving information about
    an emergency situation while en route to performing his or
    her official duties;
        (2) a driver using an electronic communication device
    for the sole purpose of reporting an emergency situation
    and continued communication with emergency personnel
    during the emergency situation;
        (3) a driver using an electronic communication device
    in hands-free or voice-operated mode, which may include the
    use of a headset;
        (4) a driver of a commercial motor vehicle reading a
    message displayed on a permanently installed communication
    device designed for a commercial motor vehicle with a
    screen that does not exceed 10 inches tall by 10 inches
    wide in size;
        (5) a driver using an electronic communication device
    while parked on the shoulder of a roadway;
        (6) a driver using an electronic communication device
    when the vehicle is stopped due to normal traffic being
    obstructed and the driver has the motor vehicle
    transmission in neutral or park;
        (7) a driver using two-way or citizens band radio
    services;
        (8) a driver using two-way mobile radio transmitters or
    receivers for licensees of the Federal Communications
    Commission in the amateur radio service;
        (9) a driver using an electronic communication device
    by pressing a single button to initiate or terminate a
    voice communication; or
        (10) a driver using an electronic communication device
    capable of performing multiple functions, other than a
    hand-held wireless telephone or hand-held personal digital
    assistant (for example, a fleet management system,
    dispatching device, citizens band radio, or music player)
    for a purpose that is not otherwise prohibited by this
    Section.
    (e) A person convicted of violating subsection (b-5)
commits a Class A misdemeanor if the violation resulted in
great bodily harm, permanent disability, or disfigurement to
another. A person convicted of violating subsection (b-5)
commits a Class 4 felony if the violation resulted in the death
of another person.
(Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.)
 
    (Text of Section after amendment by P.A. 100-858)
    Sec. 12-610.2. Electronic communication devices.
    (a) As used in this Section:
    "Electronic communication device" means an electronic
device, including, but not limited to, a hand-held wireless
telephone, hand-held personal digital assistant, or a portable
or mobile computer, but does not include a global positioning
system or navigation system or a device that is physically or
electronically integrated into the motor vehicle.
    (b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device.
    (b-5) A person commits aggravated use of an electronic
communication device when he or she violates subsection (b) and
in committing the violation he or she is was involved in a
motor vehicle accident that results in great bodily harm,
permanent disability, disfigurement, or death to another and
the violation is was a proximate cause of the injury or death.
    (c) A violation of this Section is an offense against
traffic regulations governing the movement of vehicles. A
person who violates this Section shall be fined a maximum of
$75 for a first offense, $100 for a second offense, $125 for a
third offense, and $150 for a fourth or subsequent offense,
except that a person who violates subsection (b-5) shall be
assessed a minimum fine of $1,000.
    (d) This Section does not apply to:
        (1) a law enforcement officer or operator of an
    emergency vehicle while performing his or her official
    duties;
        (1.5) a first responder, including a volunteer first
    responder responders, while operating his or her own
    personal motor vehicle using an electronic communication
    device for the sole purpose of receiving information about
    an emergency situation while en route to performing his or
    her official duties;
        (2) a driver using an electronic communication device
    for the sole purpose of reporting an emergency situation
    and continued communication with emergency personnel
    during the emergency situation;
        (3) a driver using an electronic communication device
    in hands-free or voice-operated mode, which may include the
    use of a headset;
        (4) a driver of a commercial motor vehicle reading a
    message displayed on a permanently installed communication
    device designed for a commercial motor vehicle with a
    screen that does not exceed 10 inches tall by 10 inches
    wide in size;
        (5) a driver using an electronic communication device
    while parked on the shoulder of a roadway;
        (6) a driver using an electronic communication device
    when the vehicle is stopped due to normal traffic being
    obstructed and the driver has the motor vehicle
    transmission in neutral or park;
        (7) a driver using two-way or citizens band radio
    services;
        (8) a driver using two-way mobile radio transmitters or
    receivers for licensees of the Federal Communications
    Commission in the amateur radio service;
        (9) a driver using an electronic communication device
    by pressing a single button to initiate or terminate a
    voice communication; or
        (10) a driver using an electronic communication device
    capable of performing multiple functions, other than a
    hand-held wireless telephone or hand-held personal digital
    assistant (for example, a fleet management system,
    dispatching device, citizens band radio, or music player)
    for a purpose that is not otherwise prohibited by this
    Section.
    (e) A person convicted of violating subsection (b-5)
commits a Class A misdemeanor if the violation resulted in
great bodily harm, permanent disability, or disfigurement to
another. A person convicted of violating subsection (b-5)
commits a Class 4 felony if the violation resulted in the death
of another person.
(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
revised 10-15-18.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect July 1,
2020.

Effective Date: 7/1/2020