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Public Act 101-0297


 

Public Act 0297 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0297
 
SB0086 EnrolledLRB101 04623 TAE 49631 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
Section 12-610.2 as follows:
 
    (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.
    (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, including
using an electronic communication device to watch or stream
video.
    (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.
    (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.

Effective Date: 1/1/2020