HB5961ham001 99TH GENERAL ASSEMBLY

Rep. Avery Bourne

Filed: 4/1/2016

09900HB5961ham001 LRB099 20499 AXK 46425 a

AMENDMENT TO HOUSE BILL 5961

AMENDMENT NO. ______. Amend House Bill 5961 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 12-610.1, and 12-610.2 as follows:

(625 ILCS 5/12-610.1)

Sec. 12-610.1. Wireless telephones.

(a) As used in this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network, except for a two-way or citizens band radio service or a two-way mobile radio transmitter or receiver for a licensee of the Federal Communications Commission in the amateur radio service.

(b) A person may not drive a vehicle on a roadway while using a wireless telephone. A person under the age of 19 years who holds an instruction permit issued under Section 6-105 or 6-107.1, or a person under the age of 19 years who holds a graduated license issued under Section 6-107, may not drive a vehicle on a roadway while using a wireless phone.

(b-5) A person under the age of 19 commits aggravated use of a wireless telephone when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

(c) This Section does not apply to:

(1) a person using a wireless telephone for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;

(2) a law enforcement officer or an operator of an emergency services vehicle who is over the age of 19 years using a wireless telephone while performing his or her official duties;

(3) a driver over the age of 19 years using a wireless telephone in hands-free or voice-operated mode; and

(4) a driver over the age of 19 years operating a commercial motor vehicle while using a wireless telephone within the permitted scope of his or her employment on a permanently installed communication device designed for a commercial motor vehicle and with a screen that does not exceed 10 inches tall by 10 inches wide in size. a person under the age of 19 years using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(d) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the violation, the provisions of paragraph (b) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code.

(e) A person, regardless of age, may not use a wireless telephone at any time while operating a motor vehicle on a roadway in a school speed zone established under Section 11-605, on a highway in a construction or maintenance speed zone established under Section 11-605.1, or within 500 feet of an emergency scene. As used in this Section, "emergency scene" means a location where an authorized emergency vehicle as defined by Section 1-105 of this Code is present and has activated its oscillating, rotating, or flashing lights. This subsection (e) does not apply to (i) a person over the age of 19 years engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established under Section 11-605.1, (ii) a person using a wireless telephone for emergency purposes, including, but not limited to, law enforcement agency, health care provider, fire department, or other emergency services agency or entity, (iii) a law enforcement officer or operator of an emergency vehicle when performing the officer's or operator's official duties, (iv) a person using a wireless telephone in voice-operated mode, which may include the use of a headset, (v) a person using a wireless telephone by pressing a single button to initiate or terminate a voice communication, or (vi) a person using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation.

(e-5) (Blank). A person commits aggravated use of a wireless telephone when he or she violates subsection (e) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

(f) A person violating subsection (b) commits a petty offense. A person convicted of violating subsection (b-5) or (e-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) or (e-5) commits a Class 4 felony if the violation resulted in the death of another person. Any violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a minimum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.

(Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)

(625 ILCS 5/12-610.2)

Sec. 12-610.2. Electronic communication devices.

(a) As used in this Section:

"Electronic communication device" means an electronic device, including but not limited to a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle, or a two-way or citizens band radio service or a two-way mobile radio transmitter or receiver for a licensee of the Federal Communications Commission in the amateur radio service.

"Electronic message" means reading from or manually entering data into an electronic communication device, including using the device for the purpose of Short Message Service (SMS) texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic communication.

(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device for the purpose of, but not limited to, composing, reading, or sending an electronic message.

(b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

(c) A second or subsequent violation of subsection (b) this Section is a petty offense. A violation of subsection (b-5) is a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A violation of subsection (b-5) is a Class 4 felony if the violation resulted in the death of another person. A violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a minimum maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.

(d) This Section does not apply to:

(1) a law enforcement officer or operator of an emergency vehicle who is over the age of 19 years using an electronic communication device while performing his or her official duties;

(2) a driver using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;

(3) a driver over the age of 19 years using an electronic communication device in hands-free or voice-operated mode, which may include the use of a headset;

(4) a driver over the age of 19 years operating of a commercial motor vehicle while using the electronic communication device within the permitted scope of his or her employment reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size;

(5) (blank); a driver using an electronic communication device while parked on the shoulder of a roadway;

(6) (blank); a driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park;

(7) (blank); a driver using two-way or citizens band radio services;

(8) (blank); a driver using two-way mobile radio transmitters or receivers for licensees of the Federal Communications Commission in the amateur radio service;

(9) (blank); or a driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or

(10) (blank). a driver using an electronic communication device capable of performing multiple functions, other than a hand-held wireless telephone or hand-held personal digital assistant (for example, a fleet management system, dispatching device, citizens band radio, or music player) for a purpose that is not otherwise prohibited by this Section.

(e) (Blank). A person convicted of violating subsection (b-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) commits a Class 4 felony if the violation resulted in the death of another person.

(f) A person may not use an electronic communication device at any time while operating a motor vehicle on a roadway in a school speed zone established under Section 11-605 of this Code, on a highway in a construction or maintenance speed zone under Section 11-605.1 of this Code, or within 500 feet of an emergency scene. As used in this Section, "emergency scene" means a location where an authorized emergency vehicle under Section 1-105 of this Code is present and has activated its oscillating, rotating, or flashing lights. In addition to the exceptions under subsection (d) of this Section, this Section does not apply to a person over the age of 19 years engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established under Section 11-605.1 of this Code.

(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; 98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)".