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| Public Act 098-0506 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 12-610.2 as follows: | ||||
(625 ILCS 5/12-610.2) | ||||
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 while being used for the purpose of | ||||
composing, reading, or sending an electronic message, but does | ||||
not include a global positioning system or navigation system or | ||||
a device that is physically or electronically integrated into | ||||
the motor vehicle. | ||||
"Electronic message" means a self-contained piece of | ||||
digital communication that is designed or intended to be | ||||
transmitted between physical devices. "Electronic message" | ||||
includes, but is not limited to electronic mail, a text | ||||
message, an instant message, a digital photograph, a video, or | ||||
a command or request to access an Internet site. | ||||
(b) A person may not operate a motor vehicle on a roadway | ||||
while using an electronic communication device to compose, | ||
send, or read an electronic message. | ||
(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; | ||
(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; or | ||
(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; .
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(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. | ||
(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||
97-828, eff. 7-20-12.)
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