96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5454


 
Introduced 2/5/2010, by Rep. Karen May
 
SYNOPSIS AS INTRODUCED:
 		





 







625 ILCS 5/12-610.2











     Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device (rather than only prohibiting the composing, sending, or reading of electronic messages while operating a vehicle) unless the electronic communication device is used in hands-free or voice-activated mode or one of 5 other limited exceptions apply. Effective January 1, 2011.
  















LRB096 18608 AJT 33990 b

















 


 


A BILL FOR









 




  






HB5454

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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 12-610.2 as follows:
 
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    (625 ILCS 5/12-610.2)
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    Sec. 12-610.2. Electronic communication devices.
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    (a) As used in this Section:
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    "Electronic communication device" means an electronic 
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device, including but not limited to a wireless telephone, 
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personal digital assistant, or a portable or mobile computer 
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while being used for the purpose of composing, reading, or 
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sending an electronic message, but does not include a global 
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positioning system or navigation system or a device that is 
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physically or electronically integrated into the motor 
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vehicle.
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    "Electronic message" means a self-contained piece of 
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digital communication that is designed or intended to be 
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transmitted between physical devices.  "Electronic message" 
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includes, but is not limited to electronic mail, a text 
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message, an instant message, or a command or request to access 
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an Internet site.
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    (b) A person may not operate a motor vehicle on a roadway 
 


 






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while using an electronic communication device to compose, 
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send, or read an electronic message.
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    (c) A violation of this Section is an offense against 
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traffic regulations governing the movement of vehicles.
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    (d) This Section does not apply to:
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        (1) a law enforcement officer or  operator of an 
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    emergency vehicle while performing his or her official 
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    duties;
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        (2) a driver using an electronic communication device 
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    for the sole purpose of reporting an emergency situation 
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    and continued communication with emergency personnel 
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    during the emergency situation;
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        (3) a driver using an electronic communication device 
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    in hands-free or voice-activated mode; or
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        (4) a driver of a commercial motor vehicle reading a 
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    message displayed on a permanently installed communication 
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    device designed for a commercial motor vehicle with a 
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    screen that does not exceed 10 inches tall by 10 inches 
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    wide in size; 
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        (5) a driver using an electronic communication device 
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    while parked on the shoulder of a roadway; or
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        (6) a driver using an electronic communication device 
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    when the vehicle is stopped due to normal traffic being 
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    obstructed and the driver has the motor vehicle 
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    transmission in neutral or park. 

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(Source: P.A. 96-130, eff. 1-1-10; revised 11-4-09.)
 
 
 


 






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    Section 99. Effective date. This Act takes effect January 
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1, 2011.