Full Text of SB0086 101st General Assembly
SB0086 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB0086 Introduced 1/23/2019, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/12-604.1 | | 625 ILCS 5/12-610.2 | |
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Amends the Illinois Vehicle Code. In the Section prohibiting the use of video devices, provides that "video device" includes cellular telephones, tablets, laptops, two-way messaging devices, and electronic games, but does not include two-way radios, citizens' band radios, or amateur radio equipment. Provides that "using an electronic communication device" includes: (1) holding a personal electronic device in either hand or both hands; (2) using a hand or finger to compose, send, read, view, access, browse, transmit, save or retrieve email, text messages, instant messages, photographs, or other electronic data; and (3) watching video on a personal electronic device. Provides that "using an electronic communication device" does not include the minimal use of a finger to activate, deactivate, or initiate a function of the device.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 12-604.1 and 12-610.2 as follows: | 6 | | (625 ILCS 5/12-604.1) | 7 | | Sec. 12-604.1. Video devices. | 8 | | (a) A person may not operate a motor vehicle if a video | 9 | | device, a television receiver, a video monitor, a television or | 10 | | video screen, or any other similar means of visually displaying | 11 | | a television broadcast or video signal that produces | 12 | | entertainment or business applications is operating and is | 13 | | located in the motor vehicle at any point forward of the back | 14 | | of the driver's seat, or is operating and visible to the driver | 15 | | while driving the motor vehicle.
As used in this Section, | 16 | | "video device" includes cellular telephones, tablets, laptops, | 17 | | two-way messaging devices, and electronic games. "Video | 18 | | device" does not include two-way radios, citizens' band radios, | 19 | | or amateur radio equipment. | 20 | | (a-5) A person commits aggravated use of a video device | 21 | | when he or she violates subsection (a) and in committing the | 22 | | violation he or she was involved in a motor vehicle accident | 23 | | that results in great bodily harm, permanent disability, |
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| 1 | | disfigurement, or death to another and the violation was a | 2 | | proximate cause of the injury or death. | 3 | | (b) This Section does not apply to the following equipment, | 4 | | whether or not permanently installed in a vehicle:
| 5 | | (1) a vehicle information display;
| 6 | | (2) a global positioning display;
| 7 | | (3) a mapping or navigation display;
| 8 | | (4) a visual display used to enhance or supplement the | 9 | | driver's view forward, behind, or to the sides of a motor | 10 | | vehicle for the purpose of maneuvering the vehicle; | 11 | | (5) television-type receiving equipment used | 12 | | exclusively for safety or traffic engineering studies; or
| 13 | | (6) a television receiver, video monitor, television | 14 | | or video screen, or any other similar means of visually | 15 | | displaying a television broadcast or video signal, if that | 16 | | equipment has an interlock device that, when the motor | 17 | | vehicle is driven, disables the equipment for all uses | 18 | | except as a visual display as described in paragraphs (1) | 19 | | through (5) of this subsection (b).
| 20 | | (c) This Section does not apply to a mobile, digital | 21 | | terminal installed in an authorized emergency vehicle, a motor | 22 | | vehicle providing emergency road service or roadside | 23 | | assistance, or to motor vehicles utilized for public | 24 | | transportation. | 25 | | (d) This Section does not apply to a television receiver, | 26 | | video monitor, television or video screen, or any other similar |
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| 1 | | means of visually displaying a television broadcast or video | 2 | | signal if: (i) the equipment is permanently installed in the | 3 | | motor vehicle; and (ii) the moving entertainment images that | 4 | | the equipment displays are not visible to the driver while the | 5 | | motor vehicle is in motion. | 6 | | (d-5) This Section does not apply to a video event | 7 | | recorder, as defined in Section 1-218.10 of this Code, | 8 | | installed in a contract carrier vehicle. | 9 | | (e) Except as provided in subsection (f) of this Section, a | 10 | | person convicted of violating this Section is guilty of a petty | 11 | | offense and shall be fined not more than $100 for a first | 12 | | offense, not more than $200 for a second offense within one | 13 | | year of a previous conviction, and not more than $250 for a | 14 | | third or subsequent offense within one year of 2 previous | 15 | | convictions.
| 16 | | (f) A person convicted of violating subsection (a-5) | 17 | | commits a Class A misdemeanor if the violation resulted in | 18 | | great bodily harm, permanent disability, or disfigurement to | 19 | | another. A person convicted of violating subsection (a-5) | 20 | | commits a Class 4 felony if the violation resulted in the death | 21 | | of another person. | 22 | | (Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17 .)
| 23 | | (625 ILCS 5/12-610.2)
| 24 | | (Text of Section before amendment by P.A. 100-858 ) | 25 | | Sec. 12-610.2. Electronic communication devices. |
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| 1 | | (a) As used in this Section: | 2 | | "Electronic communication device" means an electronic | 3 | | device, including , but not limited to , a hand-held wireless | 4 | | telephone, hand-held personal digital assistant, or a portable | 5 | | or mobile computer, but does not include a global positioning | 6 | | system or navigation system or a device that is physically or | 7 | | electronically integrated into the motor vehicle. | 8 | | (b) A person may not operate a motor vehicle on a roadway | 9 | | while using an electronic communication device. In this | 10 | | Section, "using an electronic communication device" includes: | 11 | | (1) holding a personal electronic device in either hand or both | 12 | | hands; (2) using a hand or finger to compose, send, read, view, | 13 | | access, browse, transmit, save or retrieve email, text | 14 | | messages, instant messages, photographs, or other electronic | 15 | | data; and (3) watching video on a personal electronic device. | 16 | | "Using an electronic communication device" does not include the | 17 | | minimal use of a finger to activate, deactivate, or initiate a | 18 | | function of the device. | 19 | | (b-5) A person commits aggravated use of an electronic | 20 | | communication device when he or she violates subsection (b) and | 21 | | in committing the violation he or she is was involved in a | 22 | | motor vehicle accident that results in great bodily harm, | 23 | | permanent disability, disfigurement, or death to another and | 24 | | the violation is was a proximate cause of the injury or death. | 25 | | (c) A second or subsequent violation of this Section is an | 26 | | offense against traffic regulations governing the movement of |
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| 1 | | vehicles. A person who violates this Section shall be fined a | 2 | | maximum of $75 for a first offense, $100 for a second offense, | 3 | | $125 for a third offense, and $150 for a fourth or subsequent | 4 | | offense. | 5 | | (d) This Section does not apply to: | 6 | | (1) a law enforcement officer or operator of an | 7 | | emergency vehicle while performing his or her official | 8 | | duties; | 9 | | (1.5) a first responder, including a volunteer first | 10 | | responder responders , while operating his or her own | 11 | | personal motor vehicle using an electronic communication | 12 | | device for the sole purpose of receiving information about | 13 | | an emergency situation while en route to performing his or | 14 | | her official duties; | 15 | | (2) a driver using an electronic communication device | 16 | | for the sole purpose of reporting an emergency situation | 17 | | and continued communication with emergency personnel | 18 | | during the emergency situation; | 19 | | (3) a driver using an electronic communication device | 20 | | in hands-free or voice-operated mode, which may include the | 21 | | use of a headset; | 22 | | (4) a driver of a commercial motor vehicle reading a | 23 | | message displayed on a permanently installed communication | 24 | | device designed for a commercial motor vehicle with a | 25 | | screen that does not exceed 10 inches tall by 10 inches | 26 | | wide in size; |
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| 1 | | (5) a driver using an electronic communication device | 2 | | while parked on the shoulder of a roadway; | 3 | | (6) a driver using an electronic communication device | 4 | | when the vehicle is stopped due to normal traffic being | 5 | | obstructed and the driver has the motor vehicle | 6 | | transmission in neutral or park;
| 7 | | (7) a driver using two-way or citizens band radio | 8 | | services; | 9 | | (8) a driver using two-way mobile radio transmitters or | 10 | | receivers for licensees of the Federal Communications | 11 | | Commission in the amateur radio service; | 12 | | (9) a driver using an electronic communication device | 13 | | by pressing a single button to initiate or terminate a | 14 | | voice communication; or | 15 | | (10) a driver using an electronic communication device | 16 | | capable of performing multiple functions, other than a | 17 | | hand-held wireless telephone or hand-held personal digital | 18 | | assistant (for example, a fleet management system, | 19 | | dispatching device, citizens band radio, or music player) | 20 | | for a purpose that is not otherwise prohibited by this | 21 | | Section. | 22 | | (e) A person convicted of violating subsection (b-5) | 23 | | commits a Class A misdemeanor if the violation resulted in | 24 | | great bodily harm, permanent disability, or disfigurement to | 25 | | another. A person convicted of violating subsection (b-5) | 26 | | commits a Class 4 felony if the violation resulted in the death |
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| 1 | | of another person. | 2 | | (Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.) | 3 | | (Text of Section after amendment by P.A. 100-858 )
| 4 | | Sec. 12-610.2. Electronic communication devices. | 5 | | (a) As used in this Section: | 6 | | "Electronic communication device" means an electronic | 7 | | device, including , but not limited to , a hand-held wireless | 8 | | telephone, hand-held personal digital assistant, or a portable | 9 | | or mobile computer, but does not include a global positioning | 10 | | system or navigation system or a device that is physically or | 11 | | electronically integrated into the motor vehicle. | 12 | | (b) A person may not operate a motor vehicle on a roadway | 13 | | while using an electronic communication device. In this | 14 | | Section, "using an electronic communication device" includes: | 15 | | (1) holding a personal electronic device in either hand or both | 16 | | hands; (2) using a hand or finger to compose, send, read, view, | 17 | | access, browse, transmit, save or retrieve email, text | 18 | | messages, instant messages, photographs, or other electronic | 19 | | data; and (3) watching video on a personal electronic device. | 20 | | "Using an electronic communication device" does not include the | 21 | | minimal use of a finger to activate, deactivate, or initiate a | 22 | | function of the device. | 23 | | (b-5) A person commits aggravated use of an electronic | 24 | | communication device when he or she violates subsection (b) and | 25 | | in committing the violation he or she is was involved in a |
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| 1 | | motor vehicle accident that results in great bodily harm, | 2 | | permanent disability, disfigurement, or death to another and | 3 | | the violation is was a proximate cause of the injury or death. | 4 | | (c) A violation of this Section is an offense against | 5 | | traffic regulations governing the movement of vehicles. A | 6 | | person who violates this Section shall be fined a maximum of | 7 | | $75 for a first offense, $100 for a second offense, $125 for a | 8 | | third offense, and $150 for a fourth or subsequent offense. | 9 | | (d) This Section does not apply to: | 10 | | (1) a law enforcement officer or operator of an | 11 | | emergency vehicle while performing his or her official | 12 | | duties; | 13 | | (1.5) a first responder, including a volunteer first | 14 | | responder responders , while operating his or her own | 15 | | personal motor vehicle using an electronic communication | 16 | | device for the sole purpose of receiving information about | 17 | | an emergency situation while en route to performing his or | 18 | | her official duties; | 19 | | (2) a driver using an electronic communication device | 20 | | for the sole purpose of reporting an emergency situation | 21 | | and continued communication with emergency personnel | 22 | | during the emergency situation; | 23 | | (3) a driver using an electronic communication device | 24 | | in hands-free or voice-operated mode, which may include the | 25 | | use of a headset; | 26 | | (4) a driver of a commercial motor vehicle reading a |
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| 1 | | message displayed on a permanently installed communication | 2 | | device designed for a commercial motor vehicle with a | 3 | | screen that does not exceed 10 inches tall by 10 inches | 4 | | wide in size; | 5 | | (5) a driver using an electronic communication device | 6 | | while parked on the shoulder of a roadway; | 7 | | (6) a driver using an electronic communication device | 8 | | when the vehicle is stopped due to normal traffic being | 9 | | obstructed and the driver has the motor vehicle | 10 | | transmission in neutral or park;
| 11 | | (7) a driver using two-way or citizens band radio | 12 | | services; | 13 | | (8) a driver using two-way mobile radio transmitters or | 14 | | receivers for licensees of the Federal Communications | 15 | | Commission in the amateur radio service; | 16 | | (9) a driver using an electronic communication device | 17 | | by pressing a single button to initiate or terminate a | 18 | | voice communication; or | 19 | | (10) a driver using an electronic communication device | 20 | | capable of performing multiple functions, other than a | 21 | | hand-held wireless telephone or hand-held personal digital | 22 | | assistant (for example, a fleet management system, | 23 | | dispatching device, citizens band radio, or music player) | 24 | | for a purpose that is not otherwise prohibited by this | 25 | | Section. | 26 | | (e) A person convicted of violating subsection (b-5) |
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| 1 | | commits a Class A misdemeanor if the violation resulted in | 2 | | great bodily harm, permanent disability, or disfigurement to | 3 | | another. A person convicted of violating subsection (b-5) | 4 | | commits a Class 4 felony if the violation resulted in the death | 5 | | of another person. | 6 | | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | 7 | | revised 10-15-18.)
| 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act.
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