Full Text of HB3972 97th General Assembly
HB3972ham003 97TH GENERAL ASSEMBLY | Rep. John D'Amico Filed: 2/15/2012
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| 1 | | AMENDMENT TO HOUSE BILL 3972
| 2 | | AMENDMENT NO. ______. Amend House Bill 3972, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Section 12-610.2 as follows: | 7 | | (625 ILCS 5/12-610.2) | 8 | | Sec. 12-610.2. Electronic communication devices. | 9 | | (a) As used in this Section, Section: "Electronic | 10 | | communication device" means an electronic device, including | 11 | | but not limited to a hand-held wireless telephone, hand-held | 12 | | personal digital assistant, or a portable or mobile computer | 13 | | while being used for the purpose of composing, reading, or | 14 | | sending an electronic message, but does not include a global | 15 | | positioning system or navigation system or a device that is | 16 | | physically or electronically integrated into the motor |
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| 1 | | vehicle. | 2 | | "Electronic message" means a self-contained piece of | 3 | | digital communication that is designed or intended to be | 4 | | transmitted between physical devices. "Electronic message" | 5 | | includes, but is not limited to electronic mail, a text | 6 | | message, an instant message, or a command or request to access | 7 | | an Internet site. | 8 | | (b) A person may not operate a motor vehicle on a roadway | 9 | | while using an electronic communication device to compose, | 10 | | send, or read an electronic message . | 11 | | (c) A violation of this Section is an offense against | 12 | | traffic regulations governing the movement of vehicles. A | 13 | | person who violates this Section shall be fined a maximum of | 14 | | $75 for a first offense, $100 for a second offense, $125 for a | 15 | | third offense, and $150 for a fourth or subsequent offense. | 16 | | (d) This Section does not apply to: | 17 | | (1) a law enforcement officer or operator of an | 18 | | emergency vehicle while performing his or her official | 19 | | duties; | 20 | | (2) a driver using an electronic communication device | 21 | | for the sole purpose of reporting an emergency situation | 22 | | and continued communication with emergency personnel | 23 | | during the emergency situation; | 24 | | (3) a driver using an electronic communication device | 25 | | in hands-free or voice-operated voice-activated mode , | 26 | | which may include the use of a headset ; |
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| 1 | | (4) a driver of a commercial motor vehicle reading a | 2 | | message displayed on a permanently installed communication | 3 | | device designed for a commercial motor vehicle with a | 4 | | screen that does not exceed 10 inches tall by 10 inches | 5 | | wide in size; | 6 | | (5) a driver using an electronic communication device | 7 | | while parked on the shoulder of a roadway; or | 8 | | (6) a driver using an electronic communication device | 9 | | when the vehicle is stopped due to normal traffic being | 10 | | obstructed and the driver has the motor vehicle | 11 | | transmission in neutral or park ; .
| 12 | | (7) a driver using two-way or citizens band radio | 13 | | services; | 14 | | (8) a driver using two-way mobile radio transmitters or | 15 | | receivers for licensees of the Federal Communications | 16 | | Commission in the amateur radio service; | 17 | | (9) a driver using an electronic communication device | 18 | | by pressing a single button to initiate or terminate a | 19 | | voice communication; or | 20 | | (10) a driver using an electronic communication device | 21 | | capable of performing multiple functions, other than a | 22 | | hand-held wireless telephone or hand-held personal digital | 23 | | assistant (for example, a fleet management system, | 24 | | dispatching device, citizens band radio, or music player) | 25 | | for a purpose that is not otherwise prohibited by this | 26 | | Section. |
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| 1 | | (Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
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