95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4739


 
Introduced , by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/12-610.1






30 ILCS 805/8.32 new










    Amends the Illinois Vehicle Code. Provides that a person not otherwise prohibited from driving a vehicle on a roadway while using a wireless telephone may do so only if that wireless telephone is specifically designed and configured to allow hands-free operation, and is used in that manner while driving. Provides that any person who violates the provision regarding wireless telephone use shall be fined $250. Amends the State Mandates Act to require implementation without reimbursement by the State.
















LRB095 15228 DRH 41210 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4739

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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 
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Section 12-610.1 as follows:
 
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    (625 ILCS 5/12-610.1)
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    Sec. 12-610.1. Wireless telephones.
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    (a)  As  used in this Section, "wireless telephone" or 
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"wireless phone" means
  a  device  that  is  capable  of  transmitting  
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or  receiving
  telephonic  communications  without  a  wire  
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connecting  the
  device to the telephone network.
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    (b) A person under the age of 19 years who holds an 
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instruction permit issued under Section 6-105 or 6-107.1, or a 
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person under the age of 19 years who holds a graduated license 
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issued under Section 6-107, may not drive a vehicle on a 
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roadway while using a wireless phone.

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    (c) This Section does not apply  to  any a  person under the 
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age of 19 years using  a
wireless telephone for emergency 
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purposes, including, but not
limited  to,  an  emergency call to a 
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law enforcement agency,
health care provider, fire  department,  
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or  other  emergency
services agency or entity.

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    (d)  If a graduated driver's license holder over the age of 
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18 committed an offense against traffic regulations governing 
 


 






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the movement of vehicles or any violation of Section 6-107 or 
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Section 12-603.1 of this Code in the 6 months prior to the 
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graduated driver's license holder's 18th birthday, and was 
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subsequently convicted of the violation, the provisions of 
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paragraph (b) shall continue to apply until such time as a 
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period of 6 consecutive months has elapsed without an 
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additional violation and subsequent conviction of an offense 
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against traffic regulations governing the movement of vehicles 
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or any violation of Section 6-107 or Section 12-603.1 of this 
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Code.
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    (e) A person not subject to subsection (b) of this Section 
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may not drive a vehicle on a roadway while using a wireless 
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telephone unless that wireless telephone is specifically 
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designed and configured to allow hands-free operation, and is 
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used in that manner while driving.
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    (f) A person who violates this Section shall be fined $250. 
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(Source: P.A. 94-240, eff. 7-15-05; 95-310, eff. 1-1-08; 
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95-338, eff. 1-1-08; revised 11-19-07.)
 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.32 as follows:
 
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    (30 ILCS 805/8.32 new)
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    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
 


 






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the 95th General Assembly.