|
|
Sen. James A. DeLeo
Filed: 4/20/2005
|
|
09400SB0392sam001 |
|
LRB094 08736 LCB 45338 a |
|
|
| 1 |
| AMENDMENT TO SENATE BILL 392
|
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 392 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Illinois Vehicle Code is amended by adding |
| 5 |
| Section 12-610.1 as follows:
|
| 6 |
| (625 ILCS 5/12-610.1 new)
|
| 7 |
| Sec. 12-610.1. Use of mobile telephones. |
| 8 |
| (a) For purposes of this Section: |
| 9 |
| "Mobile telephone" means the device used by |
| 10 |
| subscribers and other users of wireless telephone service |
| 11 |
| to access the service. |
| 12 |
| "Wireless telephone service" means 2-way real time |
| 13 |
| voice telecommunications service that is interconnected to |
| 14 |
| a public switched telephone network and is provided by a |
| 15 |
| commercial mobile radio service. |
| 16 |
| "Using" means holding a mobile telephone to, or in the |
| 17 |
| immediate proximity of, the user's ear. |
| 18 |
| "Hand-held mobile telephone" means a mobile telephone |
| 19 |
| with which a user engages in a call using at least one |
| 20 |
| hand. |
| 21 |
| "Hands-free mobile telephone" means a mobile telephone |
| 22 |
| that has an internal feature or function, or that is |
| 23 |
| equipped with an attachment or addition, whether or not |
| 24 |
| permanently part of such mobile telephone, by which a user |
|
|
|
09400SB0392sam001 |
- 2 - |
LRB094 08736 LCB 45338 a |
|
|
| 1 |
| engages in a call without the use of either hand, whether |
| 2 |
| or not the use of either hand is necessary to activate, |
| 3 |
| deactivate, or initiate a function of the telephone. |
| 4 |
| "Engage in a call" means talking into or listening on a |
| 5 |
| hand-held mobile telephone, but shall not include holding a |
| 6 |
| mobile telephone to activate, deactivate, or initiate a |
| 7 |
| function of the telephone. |
| 8 |
| "Immediate proximity" means that distance as permits |
| 9 |
| the operator of a mobile telephone to hear |
| 10 |
| telecommunications transmitted over the mobile telephone, |
| 11 |
| but shall not require physical contact with the operator's |
| 12 |
| ear.
|
| 13 |
| (b) Except as otherwise provided in this Section, no person |
| 14 |
| shall operate a motor vehicle upon a public highway while using |
| 15 |
| a mobile telephone to engage in a call while the vehicle is in |
| 16 |
| motion.
An operator of a motor vehicle who holds a mobile |
| 17 |
| telephone to or in the immediate proximity of his or her ear |
| 18 |
| while the vehicle is in motion is presumed to be engaging in a |
| 19 |
| call within the meaning of this Section. The presumption |
| 20 |
| established by this subsection (b) is rebuttable by evidence |
| 21 |
| tending to show that the operator was not engaged in a call. |
| 22 |
| (c) The provisions of this Section shall not be construed |
| 23 |
| as authorizing the seizure or forfeiture of a mobile telephone, |
| 24 |
| unless otherwise provided by law. |
| 25 |
| (d) Subsection (b) of this Section shall not apply to: |
| 26 |
| (1) the use of a mobile telephone for the sole purpose |
| 27 |
| of communicating with any of the following regarding an |
| 28 |
| emergency situation: (i) an emergency response operator; |
| 29 |
| (ii) a hospital, physician's office, or health clinic; |
| 30 |
| (iii) an ambulance company or corps; (iv) a fire |
| 31 |
| department, district, or company; or (v) a police |
| 32 |
| department; |
| 33 |
| (2) any of the following persons while in the |
| 34 |
| performance of their official duties: (i) a police officer |