Public Act 098-0507
 
HB2585 EnrolledLRB098 08509 MLW 38620 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 12-604.1, 12-610.1, and 12-610.2 as follows:
 
    (625 ILCS 5/12-604.1)
    Sec. 12-604.1. Video devices.
    (a) A person may not operate a motor vehicle if a 
television receiver, a video monitor, a television or video 
screen, or any other similar means of visually displaying a 
television broadcast or video signal that produces 
entertainment or business applications is operating and is 
located in the motor vehicle at any point forward of the back 
of the driver's seat, or is operating and visible to the driver 
while driving the motor vehicle.

    (a-5) A person commits aggravated use of a video device 
when he or she violates subsection (a) and in committing the 
violation he or she was involved in a motor vehicle accident 
that results in great bodily harm, permanent disability, 
disfigurement, or death to another and the violation was a 
proximate cause of the injury or death. 
    (b) This Section does not apply to the following equipment, 
whether or not permanently installed in a vehicle:

        (1) a vehicle information display;

        (2) a global positioning display;

        (3) a mapping or navigation display;

        (4) a visual display used to enhance or supplement the 
    driver's view forward, behind, or to the sides of a motor 
    vehicle for the purpose of maneuvering the vehicle;
        (5) television-type receiving equipment used 
    exclusively for safety or traffic engineering studies; or

        (6) a television receiver, video monitor, television 
    or video screen, or any other similar means of visually 
    displaying a television broadcast or video signal, if that 
    equipment has an interlock device that, when the motor 
    vehicle is driven, disables the equipment for all uses 
    except as a visual display as described in paragraphs (1) 
    through  (5) of this subsection (b).

    (c) This Section does not apply to a mobile, digital 
terminal installed in an authorized emergency vehicle, a motor 
vehicle providing emergency road service or roadside 
assistance, or to motor vehicles utilized for public 
transportation.
    (d) This Section does not apply to a television receiver, 
video monitor, television or video screen, or any other similar 
means of visually displaying a television broadcast or video 
signal if: (i) the equipment is permanently installed in the 
motor vehicle; and (ii) the moving entertainment images that 
the equipment displays are not visible to the driver while the 
motor vehicle is in motion. 
    (e) Except as provided in subsection (f) of this Section, a 
A person convicted of violating this Section is guilty of a 
petty offense and shall be fined not more than $100 for a first 
offense, not more than $200 for a second offense within one 
year of a previous conviction, and not more than $250 for a 
third or subsequent offense within one year of 2 previous 
convictions.


    (f) A person convicted of violating subsection (a-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 (a-5) 
commits a Class 4 felony if the violation resulted in the death 
of another person. 
(Source: P.A. 97-499, eff. 1-1-12.)
 
    (625 ILCS 5/12-610.1)
    Sec. 12-610.1. Wireless telephones.
    (a)  As  used in this Section, "wireless telephone" means
  a  
device  that  is  capable  of  transmitting  or  receiving
  telephonic  
communications  without  a  wire  connecting  the
  device to the 
telephone network.
    (b) A person under the age of 19 years who holds an 
instruction permit issued under Section 6-105 or 6-107.1, or a 
person under the age of 19 years who holds a graduated license 
issued under Section 6-107, may not drive a vehicle on a 
roadway while using a wireless phone.

    (b-5) A person under the age of 19 commits aggravated use 
of a wireless telephone when he or she violates subsection (b) 
and in committing the violation he or she was involved in a 
motor vehicle accident that results in great bodily harm, 
permanent disability, disfigurement, or death to another and 
the violation was a proximate cause of the injury or death. 
    (c) This Section does not apply  to  a  person under the age 
of 19 years using  a
wireless telephone for emergency purposes, 
including, but not
limited  to,  an  emergency call to a law 
enforcement agency,
health care provider, fire  department,  or  
other  emergency
services agency or entity.

    (d)  If a graduated driver's license holder over the age of 
18 committed an offense against traffic regulations governing 
the movement of vehicles or any violation of Section 6-107 or 
Section 12-603.1 of this Code in the 6 months prior to the 
graduated driver's license holder's 18th birthday, and was 
subsequently convicted of the violation, the provisions of 
paragraph (b) shall continue to apply until such time as a 
period of 6 consecutive months has elapsed without an 
additional violation and subsequent conviction of an offense 
against traffic regulations governing the movement of vehicles 
or any violation of Section 6-107 or Section 12-603.1 of this 
Code.

    (e) A person, regardless of age, may not use a wireless

telephone at any time while operating a motor vehicle on a 
roadway in a school speed
zone established under Section 
11-605, on a highway in a construction or
maintenance speed 
zone established under Section 11-605.1, or within 500 feet of 
an emergency scene. As used in this Section, "emergency scene" 
means a location where an authorized emergency vehicle as 
defined by Section 1-105 of this Code is
present and has 
activated its oscillating, rotating, or flashing lights.
This 
subsection (e) does not apply to (i) a person engaged in a

highway construction or maintenance project for which a

construction or maintenance speed zone has been established

under Section 11-605.1, (ii) a person using a wireless

telephone for emergency purposes, including, but not limited 
to,
law enforcement agency, health care provider, fire 
department, or other emergency services agency or entity,  (iii) 
a law enforcement officer or operator of an emergency vehicle 
when performing the officer's or operator's official duties, 
(iv) a person using a wireless telephone in voice-operated 
mode, which may include the use of a headset, or (v) to a 
person using a wireless telephone by pressing a single button 
to initiate or terminate a voice communication.,  or (vi) (v) a 
person using an electronic communication device for the sole 
purpose of reporting an emergency situation and continued 
communication with emergency personnel during the emergency 
situation.
    (e-5) A person commits aggravated use of a wireless 
telephone when he or she violates subsection (e) and in 
committing the violation he or she was involved in a motor 
vehicle accident that results in great bodily harm, permanent 
disability, disfigurement, or death to another and the 
violation was a proximate cause of the injury or death. 
    (f) A person convicted of violating subsection (b-5) or 
(e-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) or 
(e-5) commits a Class 4 felony if the violation resulted in the 
death of another person. 
(Source: P.A. 96-131, eff. 1-1-10; 97-828, eff. 7-20-12; 
97-830, eff. 1-1-13; revised 8-3-12.)
 
    (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 wireless telephone, 
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.
    (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 was involved in a motor 
vehicle accident that results in great bodily harm, permanent 
disability, disfigurement, or death to another and the 
violation 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.
    (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;
        (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.

    (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. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10; 
97-828, eff. 7-20-12.)
 
 
    Section 99. Effective date. This Act takes effect January 
1, 2014.