SB1299 96TH GENERAL ASSEMBLY

LRB096 04503 AJT 14557 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1299

Introduced 2/10/2009, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code. Creates the offenses of driving with a screen device operating, a Class 1, 3, or 4 felony or a Class A misdemeanor depending on specified circumstances, and unlawful installation of television, monitor, or similar device, a Class A misdemeanor. Provides that a person commits the offense of driving with a screen device operating when the person is driving a motor vehicle that has a television, video monitor, portable computer, or any other similar means operating that is capable of providing a visual display in full view of a driver in a normal driving position while the motor vehicle is in motion. Provides that a person commits the offense of unlawful installation of television, monitor, or similar device if the person installs or alters a television, video monitor, portable computer, or any other similar means capable of providing a visual display that is in full view of a driver of a motor vehicle in a normal driving position while the motor vehicle is in motion. Provides several exceptions and an affirmative defense. Renames a "cellular radio telecommunication device" as a "mobile communication device", and modifies the definitions of a "mobile communication device" and "using a mobile communication device" to prohibit text messaging and other similar uses of mobile communication devices (instead of prohibiting just talking, listening to, and dialing telephonic communications) for purposes of expanding a provision prohibiting the use of mobile communication devices by school bus drivers. Repeals a provision relating to the use of video devices while driving. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 Section 12-813.1 and by adding Section 12-604.2 as follows:

(625 ILCS 5/12-604.2 new)

Sec. 12-604.2. Driving with a screen device operating; unlawful installation of television, monitor, or similar device.

(a) A person commits the offense of driving with a screen device operating if:

(1) the person is driving a motor vehicle;

(2) the motor vehicle has a television, video monitor, portable computer, or any other similar means capable of providing a visual display that is in full view of a driver in a normal driving position while the motor vehicle is in motion; and

(3) the monitor or visual display is operating while the person is driving.

(b) A person commits the offense of unlawful installation of television, monitor, or similar device if the person installs or alters equipment described in subdivision (a)(2) of this Section that allows the images to be viewed by the driver in a normal driving position while the motor vehicle is in motion.

(c) Subsections (a) and (b) of this Section do not apply to:

(1) portable telephones or personal data assistants being used for verbal communication or displaying caller identification information;

(2) equipment that is displaying only:

(A) audio equipment information, functions, and controls;

(B) vehicle information or controls related to speed, fuel level, battery charge, and other vehicle safety or equipment information;

(C) navigation or global positioning;

(D) maps;

(E) visual information to (i) enhance or supplement the driver's view forward, behind, or to the sides of the motor vehicle for the purpose of maneuvering the motor vehicle or (ii) allow the driver to monitor motor vehicle occupants seated behind the driver;

(F) vehicle dispatching and response information for motor vehicles providing emergency road service or roadside assistance;

(G) vehicle dispatching information for passenger transport or freight or package delivery; or

(H) information for use in performing highway construction, maintenance, or repair or data acquisition by the Department of Transportation and Public Facilities or a municipality.

(d) Subsections (a) and (b) of this Section do not apply to devices and equipment installed in an authorized emergency vehicle.

(e) It is an affirmative defense to a prosecution under (b) of this section that the equipment installed or altered includes a device that, when the motor vehicle is being driven, disables the equipment for all uses except those described in (c) of this Section.

(f) A person who violates subsection (a) of this Section is guilty of:

(1) a Class A misdemeanor, unless any of the circumstances described in paragraphs (2) - (4) of this subsection apply;

(2) a Class 4 felony if the person's driving causes physical injury to another person;

(3) a Class 3 felony if the person's driving causes serious physical injury to another person;

(4) a Class 1 felony if the person's driving causes the death of another person.

(g) A person who violates subsection (b) of this Section is guilty of a class A misdemeanor.

(625 ILCS 5/12-813.1)

Sec. 12-813.1. Operation of a school bus while using a mobile communication cellular radio telecommunication device.

(a) In this Section:

"School bus driver" means a person operating a school bus who has a valid school bus driver permit as required under Sections 6-104 and 6-106.1 of this Code.

"Mobile communication Cellular radio telecommunication device" means a two or more way communication device capable of sending or receiving telephone communications without an access line for service and which requires the operator to enter numbers or letters dial numbers manually, and is used for radio-telephone communications used in wireless telephone service, personal communication service, or the functional equivalent of a radio-telephone communications line used in wireless telephone service or a personal communication service. It does not, however, include citizens band radios or citizens band radio hybrids.

"Using a mobile communication cellular radio telecommunication device" means talking, or listening to, or typing on, or dialing a mobile communication cellular radio telecommunication device.

To "operate" means to have the vehicle in motion while it contains one or more passengers.

(b) A school bus driver may not operate a school bus while using a mobile communication cellular radio telecommunication device.

(c) This Section does not apply:

(1) To the use of a mobile communication cellular radio telecommunication device for the purpose of communicating with any of the following regarding an emergency situation:

(A) an emergency response operator;

(B) a hospital;

(C) a physician's office or health clinic;

(D) an ambulance service;

(E) a fire department, fire district, or fire company; or

(F) a police department.

(2) To the use of a mobile communication cellular radio telecommunication device to call for assistance in the event that there is a mechanical breakdown or other mechanical problem that impairs the safe operation of the bus.

(3) To the use of a mobile communication cellular radio telecommunication device that has a digital two-way radio service capability owned and operated by the school district, when that device is being used as a digital two-way radio.

(4) When the school bus is parked.

(d) A school bus driver who violates this Section is guilty of a petty offense punishable by a fine of not less than $100 and not more than $250.

(Source: P.A. 92-730, eff. 1-1-03.)

(625 ILCS 5/12-604.1 rep.)

Section 10. The Illinois Vehicle Code is amended by repealing Section 12-604.1.

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