Illinois General Assembly - Full Text of HB4846
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Full Text of HB4846  100th General Assembly




HB4846 EnrolledLRB100 18654 LNS 33881 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
5Section 12-610.2 as follows:
6    (625 ILCS 5/12-610.2)
7    Sec. 12-610.2. Electronic communication devices.
8    (a) As used in this Section:
9    "Electronic communication device" means an electronic
10device, including but not limited to a hand-held wireless
11telephone, hand-held personal digital assistant, or a portable
12or mobile computer, but does not include a global positioning
13system or navigation system or a device that is physically or
14electronically integrated into the motor vehicle.
15    (b) A person may not operate a motor vehicle on a roadway
16while using an electronic communication device.
17    (b-5) A person commits aggravated use of an electronic
18communication device when he or she violates subsection (b) and
19in committing the violation he or she was involved in a motor
20vehicle accident that results in great bodily harm, permanent
21disability, disfigurement, or death to another and the
22violation was a proximate cause of the injury or death.
23    (c) A second or subsequent violation of this Section is an



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1offense against traffic regulations governing the movement of
2vehicles. A person who violates this Section shall be fined a
3maximum of $75 for a first offense, $100 for a second offense,
4$125 for a third offense, and $150 for a fourth or subsequent
6    (d) This Section does not apply to:
7        (1) a law enforcement officer or operator of an
8    emergency vehicle while performing his or her official
9    duties;
10        (2) a driver using an electronic communication device
11    for the sole purpose of reporting an emergency situation
12    and continued communication with emergency personnel
13    during the emergency situation;
14        (3) a driver using an electronic communication device
15    in hands-free or voice-operated mode, which may include the
16    use of a headset;
17        (4) a driver of a commercial motor vehicle reading a
18    message displayed on a permanently installed communication
19    device designed for a commercial motor vehicle with a
20    screen that does not exceed 10 inches tall by 10 inches
21    wide in size;
22        (5) a driver using an electronic communication device
23    while parked on the shoulder of a roadway;
24        (6) a driver using an electronic communication device
25    when the vehicle is stopped due to normal traffic being
26    obstructed and the driver has the motor vehicle



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1    transmission in neutral or park;
2        (7) a driver using two-way or citizens band radio
3    services;
4        (8) a driver using two-way mobile radio transmitters or
5    receivers for licensees of the Federal Communications
6    Commission in the amateur radio service;
7        (9) a driver using an electronic communication device
8    by pressing a single button to initiate or terminate a
9    voice communication; or
10        (10) a driver using an electronic communication device
11    capable of performing multiple functions, other than a
12    hand-held wireless telephone or hand-held personal digital
13    assistant (for example, a fleet management system,
14    dispatching device, citizens band radio, or music player)
15    for a purpose that is not otherwise prohibited by this
16    Section.
17    (e) A person convicted of violating subsection (b-5)
18commits a Class A misdemeanor if the violation resulted in
19great bodily harm, permanent disability, or disfigurement to
20another. A person convicted of violating subsection (b-5)
21commits a Class 4 felony if the violation resulted in the death
22of another person.
23(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14;
2498-507, eff. 1-1-14; 98-756, eff. 7-16-14.)
25    Section 99. Effective date. This Act takes effect July 1,