Full Text of HB5961 99th General Assembly
HB5961ham001 99TH GENERAL ASSEMBLY | Rep. Avery Bourne Filed: 4/1/2016
| | 09900HB5961ham001 | | LRB099 20499 AXK 46425 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5961
| 2 | | AMENDMENT NO. ______. Amend House Bill 5961 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 12-610.1, and 12-610.2 as follows: | 6 | | (625 ILCS 5/12-610.1) | 7 | | Sec. 12-610.1. Wireless telephones. | 8 | | (a) As used in this Section, "wireless telephone" means
a | 9 | | device that is capable of transmitting or receiving
telephonic | 10 | | communications without a wire connecting the
device to the | 11 | | telephone network , except for a two-way or citizens band radio | 12 | | service or a two-way mobile radio transmitter or receiver for a | 13 | | licensee of the Federal Communications Commission in the | 14 | | amateur radio service . | 15 | | (b) A person may not drive a vehicle on a roadway while | 16 | | using a wireless telephone. A person under the age of 19 years |
| | | 09900HB5961ham001 | - 2 - | LRB099 20499 AXK 46425 a |
|
| 1 | | who holds an instruction permit issued under Section 6-105 or | 2 | | 6-107.1, or a person under the age of 19 years who holds a | 3 | | graduated license issued under Section 6-107, may not drive a | 4 | | vehicle on a roadway while using a wireless phone.
| 5 | | (b-5) A person under the age of 19 commits aggravated use | 6 | | of a wireless telephone when he or she violates subsection (b) | 7 | | and in committing the violation he or she was involved in a | 8 | | motor vehicle accident that results in great bodily harm, | 9 | | permanent disability, disfigurement, or death to another and | 10 | | the violation was a proximate cause of the injury or death. | 11 | | (c) This Section does not apply to : | 12 | | (1) a person using a wireless telephone for the sole | 13 | | purpose of reporting an emergency situation and continued | 14 | | communication with emergency personnel during the | 15 | | emergency situation; | 16 | | (2) a law enforcement officer or an operator of an | 17 | | emergency services vehicle who is over the age of 19 years | 18 | | using a wireless telephone while performing his or her | 19 | | official duties; | 20 | | (3) a driver over the age of 19 years using a wireless | 21 | | telephone in hands-free or voice-operated mode; and | 22 | | (4) a driver over the age of 19 years operating a | 23 | | commercial motor vehicle while using a wireless telephone | 24 | | within the permitted scope of his or her employment on a | 25 | | permanently installed communication device designed for a | 26 | | commercial motor vehicle and with a screen that does not |
| | | 09900HB5961ham001 | - 3 - | LRB099 20499 AXK 46425 a |
|
| 1 | | exceed 10 inches tall by 10 inches wide in size. a person | 2 | | under the age of 19 years using a
wireless telephone for | 3 | | emergency purposes, including, but not
limited to, an | 4 | | emergency call to a law enforcement agency,
health care | 5 | | provider, fire department, or other emergency
services | 6 | | agency or entity.
| 7 | | (d) If a graduated driver's license holder over the age of | 8 | | 18 committed an offense against traffic regulations governing | 9 | | the movement of vehicles or any violation of Section 6-107 or | 10 | | Section 12-603.1 of this Code in the 6 months prior to the | 11 | | graduated driver's license holder's 18th birthday, and was | 12 | | subsequently convicted of the violation, the provisions of | 13 | | paragraph (b) shall continue to apply until such time as a | 14 | | period of 6 consecutive months has elapsed without an | 15 | | additional violation and subsequent conviction of an offense | 16 | | against traffic regulations governing the movement of vehicles | 17 | | or any violation of Section 6-107 or Section 12-603.1 of this | 18 | | Code.
| 19 | | (e) A person , regardless of age, may not use a wireless
| 20 | | telephone at any time while operating a motor vehicle on a | 21 | | roadway in a school speed
zone established under Section | 22 | | 11-605, on a highway in a construction or
maintenance speed | 23 | | zone established under Section 11-605.1, or within 500 feet of | 24 | | an emergency scene. As used in this Section, "emergency scene" | 25 | | means a location where an authorized emergency vehicle as | 26 | | defined by Section 1-105 of this Code is
present and has |
| | | 09900HB5961ham001 | - 4 - | LRB099 20499 AXK 46425 a |
|
| 1 | | activated its oscillating, rotating, or flashing lights.
This | 2 | | subsection (e) does not apply to (i) a person over the age of | 3 | | 19 years engaged in a
highway construction or maintenance | 4 | | project for which a
construction or maintenance speed zone has | 5 | | been established
under Section 11-605.1 , (ii) a person using a | 6 | | wireless
telephone for emergency purposes, including, but not | 7 | | limited to,
law enforcement agency, health care provider, fire | 8 | | department, or other emergency services agency or entity, (iii) | 9 | | a law enforcement officer or operator of an emergency vehicle | 10 | | when performing the officer's or operator's official duties, | 11 | | (iv) a person using a wireless telephone in voice-operated | 12 | | mode, which may include the use of a headset, (v) a person | 13 | | using a wireless telephone by pressing a single button to | 14 | | initiate or terminate a voice communication, or (vi) a person | 15 | | using an electronic communication device for the sole purpose | 16 | | of reporting an emergency situation and continued | 17 | | communication with emergency personnel during the emergency | 18 | | situation . | 19 | | (e-5) (Blank). A person commits aggravated use of a | 20 | | wireless telephone when he or she violates subsection (e) and | 21 | | in committing the violation he or she was involved in a motor | 22 | | vehicle accident that results in great bodily harm, permanent | 23 | | disability, disfigurement, or death to another and the | 24 | | violation was a proximate cause of the injury or death. | 25 | | (f) A person violating subsection (b) commits a petty | 26 | | offense. A person convicted of violating subsection (b-5) or |
| | | 09900HB5961ham001 | - 5 - | LRB099 20499 AXK 46425 a |
|
| 1 | | (e-5) commits a Class A misdemeanor if the violation resulted | 2 | | in great bodily harm, permanent disability, or disfigurement to | 3 | | another. A person convicted of violating subsection (b-5) or | 4 | | (e-5) commits a Class 4 felony if the violation resulted in the | 5 | | death of another person. Any violation of this Section is an | 6 | | offense against traffic regulations governing the movement of | 7 | | vehicles. A person who violates this Section shall be fined a | 8 | | minimum of $75 for a first offense, $100 for a second offense, | 9 | | $125 for a third offense, and $150 for a fourth or subsequent | 10 | | offense. | 11 | | (Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; | 12 | | 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.) | 13 | | (625 ILCS 5/12-610.2) | 14 | | Sec. 12-610.2. Electronic communication devices. | 15 | | (a) As used in this Section: | 16 | | "Electronic communication device" means an electronic | 17 | | device, including but not limited to a hand-held wireless | 18 | | telephone, hand-held personal digital assistant, or a portable | 19 | | or mobile computer, but does not include a global positioning | 20 | | system or navigation system or a device that is physically or | 21 | | electronically integrated into the motor vehicle , or a two-way | 22 | | or citizens band radio service or a two-way mobile radio | 23 | | transmitter or receiver for a licensee of the Federal | 24 | | Communications Commission in the amateur radio service . | 25 | | "Electronic message" means reading from or manually |
| | | 09900HB5961ham001 | - 6 - | LRB099 20499 AXK 46425 a |
|
| 1 | | entering data into an electronic communication device, | 2 | | including using the device for the purpose of Short Message | 3 | | Service (SMS) texting, emailing, instant messaging, or | 4 | | engaging in any other form of electronic data retrieval or | 5 | | electronic communication. | 6 | | (b) A person may not operate a motor vehicle on a roadway | 7 | | while using an electronic communication device for the purpose | 8 | | of, but not limited to, composing, reading, or sending an | 9 | | electronic message . | 10 | | (b-5) A person commits aggravated use of an electronic | 11 | | communication device when he or she violates subsection (b) and | 12 | | in committing the violation he or she was involved in a motor | 13 | | vehicle accident that results in great bodily harm, permanent | 14 | | disability, disfigurement, or death to another and the | 15 | | violation was a proximate cause of the injury or death. | 16 | | (c) A second or subsequent violation of subsection (b) this | 17 | | Section is a petty offense. A violation of subsection (b-5) is | 18 | | a Class A misdemeanor if the violation resulted in great bodily | 19 | | harm, permanent disability, or disfigurement to another. A | 20 | | violation of subsection (b-5) is a Class 4 felony if the | 21 | | violation resulted in the death of another person. A violation | 22 | | of this Section is an offense against traffic regulations | 23 | | governing the movement of vehicles. A person who violates this | 24 | | Section shall be fined a minimum maximum of $75 for a first | 25 | | offense, $100 for a second offense, $125 for a third offense, | 26 | | and $150 for a fourth or subsequent offense. |
| | | 09900HB5961ham001 | - 7 - | LRB099 20499 AXK 46425 a |
|
| 1 | | (d) This Section does not apply to: | 2 | | (1) a law enforcement officer or operator of an | 3 | | emergency vehicle who is over the age of 19 years using an | 4 | | electronic communication device while performing his or | 5 | | her official duties; | 6 | | (2) a driver using an electronic communication device | 7 | | for the sole purpose of reporting an emergency situation | 8 | | and continued communication with emergency personnel | 9 | | during the emergency situation; | 10 | | (3) a driver over the age of 19 years using an | 11 | | electronic communication device in hands-free or | 12 | | voice-operated mode , which may include the use of a | 13 | | headset ; | 14 | | (4) a driver over the age of 19 years operating of a | 15 | | commercial motor vehicle while using the electronic | 16 | | communication device within the permitted scope of his or | 17 | | her employment reading a message displayed on a permanently | 18 | | installed communication device designed for a commercial | 19 | | motor vehicle with a screen that does not exceed 10 inches | 20 | | tall by 10 inches wide in size; | 21 | | (5) (blank); a driver using an electronic | 22 | | communication device while parked on the shoulder of a | 23 | | roadway; | 24 | | (6) (blank); a driver using an electronic | 25 | | communication device when the vehicle is stopped due to | 26 | | normal traffic being obstructed and the driver has the |
| | | 09900HB5961ham001 | - 8 - | LRB099 20499 AXK 46425 a |
|
| 1 | | motor vehicle transmission in neutral or park;
| 2 | | (7) (blank); a driver using two-way or citizens band | 3 | | radio services; | 4 | | (8) (blank); a driver using two-way mobile radio | 5 | | transmitters or receivers for licensees of the Federal | 6 | | Communications Commission in the amateur radio service; | 7 | | (9) (blank); or a driver using an electronic | 8 | | communication device by pressing a single button to | 9 | | initiate or terminate a voice communication; or | 10 | | (10) (blank). a driver using an electronic | 11 | | communication device capable of performing multiple | 12 | | functions, other than a hand-held wireless telephone or | 13 | | hand-held personal digital assistant (for example, a fleet | 14 | | management system, dispatching device, citizens band | 15 | | radio, or music player) for a purpose that is not otherwise | 16 | | prohibited by this Section. | 17 | | (e) (Blank). A person convicted of violating subsection | 18 | | (b-5) commits a Class A misdemeanor if the violation resulted | 19 | | in great bodily harm, permanent disability, or disfigurement to | 20 | | another. A person convicted of violating subsection (b-5) | 21 | | commits a Class 4 felony if the violation resulted in the death | 22 | | of another person. | 23 | | (f) A person may not use an electronic communication device | 24 | | at any time while operating a motor vehicle on a roadway in a | 25 | | school speed zone established under Section 11-605 of this | 26 | | Code, on a highway in a construction or maintenance speed zone |
| | | 09900HB5961ham001 | - 9 - | LRB099 20499 AXK 46425 a |
|
| 1 | | under Section 11-605.1 of this Code, or within 500 feet of an | 2 | | emergency scene. As used in this Section, "emergency scene" | 3 | | means a location where an authorized emergency vehicle under | 4 | | Section 1-105 of this Code is present and has activated its | 5 | | oscillating, rotating, or flashing lights. In addition to the | 6 | | exceptions under subsection (d) of this Section, this Section | 7 | | does not apply to a person over the age of 19 years engaged in a | 8 | | highway construction or maintenance project for which a | 9 | | construction or maintenance speed zone has been established | 10 | | under Section 11-605.1 of this Code. | 11 | | (Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; | 12 | | 98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)".
|
|