96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0029


 
Introduced 1/30/2009, by Sen. Dan Rutherford
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/12-610.2 new










    Amends the Illinois Vehicle Code. Prohibits the operation of  a motor vehicle while using a wireless telephone or other mobile electronic device to send, read, or write a text-based communication. Sets forth exceptions.  Provides that a violation is a petty offense punishable by a fine of $75 and that, if a violation occurs at the time of a traffic accident, the violator shall pay an additional fine of $200. Effective immediately.
















LRB096 02847 AJT 12860 b

















 


 


A BILL FOR









 











SB0029

LRB096 02847 AJT 12860 b






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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 adding 
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Section 12-610.2 as follows:
 
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    (625 ILCS 5/12-610.2  new)
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    Sec. 12-610.2. Text messaging while driving.
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    (a) As used in this Section:
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    "Wireless telephone" means a device that is capable of 
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transmitting or receiving telephonic communications without a 
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wire connecting the device to the telephone network.
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    "Send, read, or write a text-based communication" means to 
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use a wireless telephone or other mobile electronic device to 
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manually communicate with any person by using a text-based 
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communication referred to as a text message, instant message, 
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or electronic mail.

For purposes of this Section, a person does 
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not send, read, or write a text-based communication when he or 
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she  reads, selects, or enters a telephone number or name for 
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the purpose of making a telephone call.
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    (b) A person may not operate a motor vehicle while using a 
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wireless telephone or other mobile electronic device to send, 
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read, or write a text-based communication.
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    (c) This Section does not apply to the use of:
 


 






SB0029
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        (1) a wireless telephone or other mobile electronic 
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    device for emergency purposes, including but not limited 
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    to, an emergency call to a law enforcement agency, health 
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    care provider, fire department, or other emergency 
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    services agency or entity; or
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        (2) a device that is permanently affixed to the 
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    vehicle, or a global positioning system or navigation 
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    system when the system is used exclusively for navigation 
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    purposes. 
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    (d) A violation of this Section is a petty offense 
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punishable by a fine of $75; however, if a violation occurs at 
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the time of a traffic accident, the violator shall pay an 
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additional fine of $200.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.