99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2508

 

Introduced 2/9/2016, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-610  from Ch. 95 1/2, par. 12-610
625 ILCS 5/12-610.1
625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. Provides that a violation (rather than a second or subsequent violation) of operating a motor vehicle while using an electronic communication device is an offense against traffic regulations governing the movement of vehicles, for which a person shall be fined a minimum (rather than maximum) of $75 for a first offense. Provides that provisions disallowing use of certain electronic communication devices does not include a driver of a commercial motor vehicle using the electronic communication device within the permitted scope of 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. Removes the use of certain electronic communication devices allowed while driving. Makes conforming changes.


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A BILL FOR

 

SB2508LRB099 16373 RJF 40705 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 12-610, 12-610.1, and 12-610.2 as follows:
 
6    (625 ILCS 5/12-610)  (from Ch. 95 1/2, par. 12-610)
7    Sec. 12-610. Headset receivers.
8    (a) Except as provided under Section 11-1403.3, no driver
9of a motor vehicle on the highways of this State shall wear
10headset receivers while driving.
11    (b) This Section does not prohibit the use of a headset
12type receiving equipment used exclusively for safety or traffic
13engineering studies, by law enforcement personnel on duty, or
14emergency medical services and fire service personnel.
15    (c) (Blank). This Section does not prohibit the use of any
16single sided headset type receiving and transmitting equipment
17designed to be used in or on one ear which is used exclusively
18for providing two-way radio vocal communications by an
19individual in possession of a current and valid novice class or
20higher amateur radio license issued by the Federal
21Communications Commission and an amateur radio operator
22special registration plate issued under Section 3-607 of this
23Code.

 

 

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1    (d) This Section does not prohibit the use of a
2single-sided headset or earpiece with a cellular or other
3mobile telephone.
4(Source: P.A. 92-152, eff. 7-25-01.)
 
5    (625 ILCS 5/12-610.1)
6    Sec. 12-610.1. Wireless telephones.
7    (a) As used in this Section, "wireless telephone" means a
8device that is capable of transmitting or receiving telephonic
9communications without a wire connecting the device to the
10telephone network.
11    (b) A person under the age of 19 years who holds an
12instruction permit issued under Section 6-105 or 6-107.1, or a
13person under the age of 19 years who holds a graduated license
14issued under Section 6-107, may not drive a vehicle on a
15roadway while using a wireless phone.
16    (b-5) A person under the age of 19 commits aggravated use
17of a wireless telephone when he or she violates subsection (b)
18and in committing the violation he or she was involved in a
19motor vehicle accident that results in great bodily harm,
20permanent disability, disfigurement, or death to another and
21the violation was a proximate cause of the injury or death.
22    (c) This Section does not apply to a person under the age
23of 19 years using a wireless telephone for emergency purposes,
24including, but not limited to, an emergency call to a law
25enforcement agency, health care provider, fire department, or

 

 

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1other emergency services agency or entity.
2    (d) If a graduated driver's license holder over the age of
318 committed an offense against traffic regulations governing
4the movement of vehicles or any violation of Section 6-107 or
5Section 12-603.1 of this Code in the 6 months prior to the
6graduated driver's license holder's 18th birthday, and was
7subsequently convicted of the violation, the provisions of
8paragraph (b) shall continue to apply until such time as a
9period of 6 consecutive months has elapsed without an
10additional violation and subsequent conviction of an offense
11against traffic regulations governing the movement of vehicles
12or any violation of Section 6-107 or Section 12-603.1 of this
13Code.
14    (e) A person, regardless of age, may not use a wireless
15telephone at any time while operating a motor vehicle on a
16roadway in a school speed zone established under Section
1711-605, on a highway in a construction or maintenance speed
18zone established under Section 11-605.1, or within 500 feet of
19an emergency scene. As used in this Section, "emergency scene"
20means a location where an authorized emergency vehicle as
21defined by Section 1-105 of this Code is present and has
22activated its oscillating, rotating, or flashing lights. This
23subsection (e) does not apply to (i) a person engaged in a
24highway construction or maintenance project for which a
25construction or maintenance speed zone has been established
26under Section 11-605.1, (ii) a person using a wireless

 

 

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1telephone for emergency purposes, including, but not limited
2to, law enforcement agency, health care provider, fire
3department, or other emergency services agency or entity, (iii)
4a law enforcement officer or operator of an emergency vehicle
5when performing the officer's or operator's official duties,
6(iv) (blank), a person using a wireless telephone in
7voice-operated mode, which may include the use of a headset,
8(v) (blank), or a person using a wireless telephone by pressing
9a single button to initiate or terminate a voice communication,
10or (vi) a person using an electronic communication device for
11the sole purpose of reporting an emergency situation and
12continued communication with emergency personnel during the
13emergency situation.
14    (e-5) A person commits aggravated use of a wireless
15telephone when he or she violates subsection (e) and in
16committing the violation he or she was involved in a motor
17vehicle accident that results in great bodily harm, permanent
18disability, disfigurement, or death to another and the
19violation was a proximate cause of the injury or death.
20    (f) A person convicted of violating subsection (b-5) or
21(e-5) commits a Class A misdemeanor if the violation resulted
22in great bodily harm, permanent disability, or disfigurement to
23another. A person convicted of violating subsection (b-5) or
24(e-5) commits a Class 4 felony if the violation resulted in the
25death of another person.
26(Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13;

 

 

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198-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
 
2    (625 ILCS 5/12-610.2)
3    Sec. 12-610.2. Electronic communication devices.
4    (a) As used in this Section:
5    "Electronic communication device" means an electronic
6device, including but not limited to a hand-held wireless
7telephone, hand-held personal digital assistant, or a portable
8or mobile computer, but does not include a global positioning
9system or navigation system or a device that is physically or
10electronically integrated into the motor vehicle.
11    (b) A person may not operate a motor vehicle on a roadway
12while using an electronic communication device.
13    (b-5) A person commits aggravated use of an electronic
14communication device when he or she violates subsection (b) and
15in committing the violation he or she was involved in a motor
16vehicle accident that results in great bodily harm, permanent
17disability, disfigurement, or death to another and the
18violation was a proximate cause of the injury or death.
19    (c) A second or subsequent violation of this Section is an
20offense against traffic regulations governing the movement of
21vehicles. A person who violates this Section shall be fined a
22minimum maximum of $75 for a first offense, $100 for a second
23offense, $125 for a third offense, and $150 for a fourth or
24subsequent offense.
25    (d) This Section does not apply to:

 

 

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1        (1) a law enforcement officer or operator of an
2    emergency vehicle while performing his or her official
3    duties;
4        (2) a driver using an electronic communication device
5    for the sole purpose of reporting an emergency situation
6    and continued communication with emergency personnel
7    during the emergency situation;
8        (3) (blank); a driver using an electronic
9    communication device in hands-free or voice-operated mode,
10    which may include the use of a headset;
11        (4) a driver of a commercial motor vehicle using the
12    electronic communication device within the permitted scope
13    of his or her employment reading a message displayed on a
14    permanently installed communication device designed for a
15    commercial motor vehicle with a screen that does not exceed
16    10 inches tall by 10 inches wide in size;
17        (5) a driver using an electronic communication device
18    while parked on the shoulder of a roadway;
19        (6) (blank); a driver using an electronic
20    communication device when the vehicle is stopped due to
21    normal traffic being obstructed and the driver has the
22    motor vehicle transmission in neutral or park;
23        (7) (blank); a driver using two-way or citizens band
24    radio services;
25        (8) (blank); a driver using two-way mobile radio
26    transmitters or receivers for licensees of the Federal

 

 

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1    Communications Commission in the amateur radio service;
2        (9) (blank); or a driver using an electronic
3    communication device by pressing a single button to
4    initiate or terminate a voice communication; or
5        (10) (blank). a driver using an electronic
6    communication device capable of performing multiple
7    functions, other than a hand-held wireless telephone or
8    hand-held personal digital assistant (for example, a fleet
9    management system, dispatching device, citizens band
10    radio, or music player) for a purpose that is not otherwise
11    prohibited by this Section.
12    (e) A person convicted of violating subsection (b-5)
13commits a Class A misdemeanor if the violation resulted in
14great bodily harm, permanent disability, or disfigurement to
15another. A person convicted of violating subsection (b-5)
16commits a Class 4 felony if the violation resulted in the death
17of another person.
18(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14;
1998-507, eff. 1-1-14; 98-756, eff. 7-16-14.)