SB1834 99TH GENERAL ASSEMBLY

LRB099 07938 RJF 28078 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1834

Introduced 2/20/2015, by Sen. Daniel Biss

SYNOPSIS AS INTRODUCED:

625 ILCS 5/12-604.1
625 ILCS 5/18c-7505 new

Amends the Illinois Vehicle Code. Provides for the use of video event recorder devices in vehicles to be used exclusively for driver feedback or safety monitoring programs, as long as the device does not obstruct the driver's clear view through the front windshield. Prohibits rail carriers from using audio or video images obtained from a video event recorder originating within a contract carrier vehicle in any disciplinary proceeding against an employee. Provides that in the event of an accident involving a contract carrier vehicle equipped with a video event recorder, no audio or video recordings shall be released except upon the order of a court with jurisdiction in the matter.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 12-604.1 and by adding Section 18c-7505 as follows:

(625 ILCS 5/12-604.1)

Sec. 12-604.1. Video and video event recorder devices.

(a) A person may not operate a motor vehicle if a television receiver, a video monitor, a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle.

(a-5) A person commits aggravated use of a video device when he or she violates subsection (a) 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.

(b) This Section does not apply to the following equipment, whether or not permanently installed in a vehicle:

(1) a vehicle information display;

(2) a global positioning display;

(3) a mapping or navigation display;

(4) a visual display used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;

(5) television-type receiving equipment used exclusively for safety or traffic engineering studies; or

(6) a television receiver, video monitor, television or video screen, or any other similar means of visually displaying a television broadcast or video signal, if that equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display as described in paragraphs (1) through (5) of this subsection (b); or .

(7) a video event recorder used exclusively for driver feedback or safety monitoring programs, as long as the device does not obstruct the driver's clear view through the front windshield, consistent with Section 12-503 of this Code.

(c) This Section does not apply to a mobile, digital terminal installed in an authorized emergency vehicle, a motor vehicle providing emergency road service or roadside assistance, or to motor vehicles utilized for public transportation.

(d) This Section does not apply to a television receiver, video monitor, television or video screen, or any other similar means of visually displaying a television broadcast or video signal if: (i) the equipment is permanently installed in the motor vehicle; and (ii) the moving entertainment images that the equipment displays are not visible to the driver while the motor vehicle is in motion.

(e) Except as provided in subsection (f) of this Section, a person convicted of violating this Section is guilty of a petty offense and shall be fined not more than $100 for a first offense, not more than $200 for a second offense within one year of a previous conviction, and not more than $250 for a third or subsequent offense within one year of 2 previous convictions.

(f) A person convicted of violating subsection (a-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 (a-5) commits a Class 4 felony if the violation resulted in the death of another person.

(Source: P.A. 97-499, eff. 1-1-12; 98-507, eff. 1-1-14.)

(625 ILCS 5/18c-7505 new)

Sec. 18c-7505. Use of a video event recorder in disciplinary proceedings. A rail carrier shall be prohibited from using audio or video images obtained from a video event recorder, as allowed under paragraph (7) of subsection (b) of Section 12-604.1 of this Code, originating within contract carrier vehicles transporting railroad employees in the course of their employment, in any disciplinary proceeding against an employee. In the event of an accident involving a contract carrier vehicle equipped with a video event recorder, no audio or video recordings shall be released except upon the order of a court with jurisdiction in the matter.