Full Text of SB0086 101st General Assembly
SB0086eng 101ST GENERAL ASSEMBLY |
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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 global positioning systems or | 19 | | navigation systems, devices that are physically or | 20 | | electronically integrated into the motor vehicle, two-way | 21 | | radios, citizens' band radios, or amateur radio equipment. | 22 | | (a-5) A person commits aggravated use of a video device | 23 | | when he or she violates subsection (a) and in committing the |
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| 1 | | violation he or she was involved in a motor vehicle accident | 2 | | that results in great bodily harm, permanent disability, | 3 | | disfigurement, or death to another and the violation was a | 4 | | proximate cause of the injury or death. | 5 | | (b) This Section does not apply to the following equipment, | 6 | | whether or not permanently installed in a vehicle:
| 7 | | (1) a vehicle information display;
| 8 | | (2) a global positioning display;
| 9 | | (3) a mapping or navigation display;
| 10 | | (4) a visual display used to enhance or supplement the | 11 | | driver's view forward, behind, or to the sides of a motor | 12 | | vehicle for the purpose of maneuvering the vehicle; | 13 | | (5) television-type receiving equipment used | 14 | | exclusively for safety or traffic engineering studies; or
| 15 | | (6) a television receiver, video monitor, television | 16 | | or video screen, or any other similar means of visually | 17 | | displaying a television broadcast or video signal, if that | 18 | | equipment has an interlock device that, when the motor | 19 | | vehicle is driven, disables the equipment for all uses | 20 | | except as a visual display as described in paragraphs (1) | 21 | | through (5) of this subsection (b).
| 22 | | (c) This Section does not apply to a mobile, digital | 23 | | terminal installed in an authorized emergency vehicle, a motor | 24 | | vehicle providing emergency road service or roadside | 25 | | assistance, or to motor vehicles utilized for public | 26 | | transportation. |
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| 1 | | (d) This Section does not apply to a television receiver, | 2 | | video monitor, television or video screen, or any other similar | 3 | | means of visually displaying a television broadcast or video | 4 | | signal if: (i) the equipment is permanently installed in the | 5 | | motor vehicle; and (ii) the moving entertainment images that | 6 | | the equipment displays are not visible to the driver while the | 7 | | motor vehicle is in motion. | 8 | | (d-5) This Section does not apply to a video event | 9 | | recorder, as defined in Section 1-218.10 of this Code, | 10 | | installed in a contract carrier vehicle. | 11 | | (e) Except as provided in subsection (f) of this Section, a | 12 | | person convicted of violating this Section is guilty of a petty | 13 | | offense and shall be fined not more than $100 for a first | 14 | | offense, not more than $200 for a second offense within one | 15 | | year of a previous conviction, and not more than $250 for a | 16 | | third or subsequent offense within one year of 2 previous | 17 | | convictions.
| 18 | | (f) A person convicted of violating subsection (a-5) | 19 | | commits a Class A misdemeanor if the violation resulted in | 20 | | great bodily harm, permanent disability, or disfigurement to | 21 | | another. A person convicted of violating subsection (a-5) | 22 | | commits a Class 4 felony if the violation resulted in the death | 23 | | of another person. | 24 | | (Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17 .)
| 25 | | (625 ILCS 5/12-610.2)
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| 1 | | (Text of Section before amendment by P.A. 100-858 ) | 2 | | Sec. 12-610.2. Electronic communication devices. | 3 | | (a) As used in this Section: | 4 | | "Electronic communication device" means an electronic | 5 | | device, including , but not limited to , a hand-held wireless | 6 | | telephone, hand-held personal digital assistant, or a portable | 7 | | or mobile computer, but does not include a global positioning | 8 | | system or navigation system or a device that is physically or | 9 | | electronically integrated into the motor vehicle. | 10 | | (b) A person may not operate a motor vehicle on a roadway | 11 | | while using an electronic communication device. In this | 12 | | Section, "using an electronic communication device" includes: | 13 | | (1) holding a personal electronic device in either hand or both | 14 | | hands; (2) using a hand or finger to compose, send, read, view, | 15 | | access, browse, transmit, save or retrieve email, text | 16 | | messages, instant messages, photographs, or other electronic | 17 | | data; and (3) watching video on a personal electronic device. | 18 | | "Using an electronic communication device" does not include the | 19 | | minimal use of a finger to activate, deactivate, or initiate a | 20 | | function of the device. | 21 | | (b-5) A person commits aggravated use of an electronic | 22 | | communication device when he or she violates subsection (b) and | 23 | | in committing the violation he or she is was involved in a | 24 | | motor vehicle accident that results in great bodily harm, | 25 | | permanent disability, disfigurement, or death to another and | 26 | | the violation is was a proximate cause of the injury or death. |
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| 1 | | (c) A second or subsequent violation of this Section is an | 2 | | offense against traffic regulations governing the movement of | 3 | | vehicles. A person who violates this Section shall be fined a | 4 | | maximum of $75 for a first offense, $100 for a second offense, | 5 | | $125 for a third offense, and $150 for a fourth or subsequent | 6 | | offense. | 7 | | (d) This Section does not apply to: | 8 | | (1) a law enforcement officer or operator of an | 9 | | emergency vehicle while performing his or her official | 10 | | duties; | 11 | | (1.5) a first responder, including a volunteer first | 12 | | responder responders , while operating his or her own | 13 | | personal motor vehicle using an electronic communication | 14 | | device for the sole purpose of receiving information about | 15 | | an emergency situation while en route to performing his or | 16 | | her official duties; | 17 | | (2) a driver using an electronic communication device | 18 | | for the sole purpose of reporting an emergency situation | 19 | | and continued communication with emergency personnel | 20 | | during the emergency situation; | 21 | | (3) a driver using an electronic communication device | 22 | | in hands-free or voice-operated mode, which may include the | 23 | | use of a headset; | 24 | | (4) a driver of a commercial motor vehicle reading a | 25 | | message displayed on a permanently installed communication | 26 | | device designed for a commercial motor vehicle with a |
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| 1 | | screen that does not exceed 10 inches tall by 10 inches | 2 | | wide in size; | 3 | | (5) a driver using an electronic communication device | 4 | | while parked on the shoulder of a roadway; | 5 | | (6) a driver using an electronic communication device | 6 | | when the vehicle is stopped due to normal traffic being | 7 | | obstructed and the driver has the motor vehicle | 8 | | transmission in neutral or park;
| 9 | | (7) a driver using two-way or citizens band radio | 10 | | services; | 11 | | (8) a driver using two-way mobile radio transmitters or | 12 | | receivers for licensees of the Federal Communications | 13 | | Commission in the amateur radio service; | 14 | | (9) a driver using an electronic communication device | 15 | | by pressing a single button to initiate or terminate a | 16 | | voice communication; or | 17 | | (10) a driver using an electronic communication device | 18 | | capable of performing multiple functions, other than a | 19 | | hand-held wireless telephone or hand-held personal digital | 20 | | assistant (for example, a fleet management system, | 21 | | dispatching device, citizens band radio, or music player) | 22 | | for a purpose that is not otherwise prohibited by this | 23 | | Section. | 24 | | (e) A person convicted of violating subsection (b-5) | 25 | | commits a Class A misdemeanor if the violation resulted in | 26 | | great bodily harm, permanent disability, or disfigurement to |
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| 1 | | another. A person convicted of violating subsection (b-5) | 2 | | commits a Class 4 felony if the violation resulted in the death | 3 | | of another person. | 4 | | (Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.) | 5 | | (Text of Section after amendment by P.A. 100-858 )
| 6 | | Sec. 12-610.2. Electronic communication devices. | 7 | | (a) As used in this Section: | 8 | | "Electronic communication device" means an electronic | 9 | | device, including , but not limited to , a hand-held wireless | 10 | | telephone, hand-held personal digital assistant, or a portable | 11 | | or mobile computer, but does not include a global positioning | 12 | | system or navigation system or a device that is physically or | 13 | | electronically integrated into the motor vehicle. | 14 | | (b) A person may not operate a motor vehicle on a roadway | 15 | | while using an electronic communication device. In this | 16 | | Section, "using an electronic communication device" includes: | 17 | | (1) holding a personal electronic device in either hand or both | 18 | | hands; (2) using a hand or finger to compose, send, read, view, | 19 | | access, browse, transmit, save or retrieve email, text | 20 | | messages, instant messages, photographs, or other electronic | 21 | | data; and (3) watching video on a personal electronic device. | 22 | | "Using an electronic communication device" does not include the | 23 | | minimal use of a finger to activate, deactivate, or initiate a | 24 | | function of the device. | 25 | | (b-5) A person commits aggravated use of an electronic |
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| 1 | | communication device when he or she violates subsection (b) and | 2 | | in committing the violation he or she is was involved in a | 3 | | motor vehicle accident that results in great bodily harm, | 4 | | permanent disability, disfigurement, or death to another and | 5 | | the violation is was a proximate cause of the injury or death. | 6 | | (c) A violation of this Section is an offense against | 7 | | traffic regulations governing the movement of vehicles. A | 8 | | person who violates this Section shall be fined a maximum of | 9 | | $75 for a first offense, $100 for a second offense, $125 for a | 10 | | third offense, and $150 for a fourth or subsequent offense. | 11 | | (d) This Section does not apply to: | 12 | | (1) a law enforcement officer or operator of an | 13 | | emergency vehicle while performing his or her official | 14 | | duties; | 15 | | (1.5) a first responder, including a volunteer first | 16 | | responder responders , while operating his or her own | 17 | | personal motor vehicle using an electronic communication | 18 | | device for the sole purpose of receiving information about | 19 | | an emergency situation while en route to performing his or | 20 | | her official duties; | 21 | | (2) a driver using an electronic communication device | 22 | | for the sole purpose of reporting an emergency situation | 23 | | and continued communication with emergency personnel | 24 | | during the emergency situation; | 25 | | (3) a driver using an electronic communication device | 26 | | in hands-free or voice-operated mode, which may include the |
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| 1 | | use of a headset; | 2 | | (4) a driver of a commercial motor vehicle reading a | 3 | | message displayed on a permanently installed communication | 4 | | device designed for a commercial motor vehicle with a | 5 | | screen that does not exceed 10 inches tall by 10 inches | 6 | | wide in size; | 7 | | (5) a driver using an electronic communication device | 8 | | while parked on the shoulder of a roadway; | 9 | | (6) a driver using an electronic communication device | 10 | | when the vehicle is stopped due to normal traffic being | 11 | | obstructed and the driver has the motor vehicle | 12 | | transmission in neutral or park;
| 13 | | (7) a driver using two-way or citizens band radio | 14 | | services; | 15 | | (8) a driver using two-way mobile radio transmitters or | 16 | | receivers for licensees of the Federal Communications | 17 | | Commission in the amateur radio service; | 18 | | (9) a driver using an electronic communication device | 19 | | by pressing a single button to initiate or terminate a | 20 | | voice communication; or | 21 | | (10) a driver using an electronic communication device | 22 | | capable of performing multiple functions, other than a | 23 | | hand-held wireless telephone or hand-held personal digital | 24 | | assistant (for example, a fleet management system, | 25 | | dispatching device, citizens band radio, or music player) | 26 | | for a purpose that is not otherwise prohibited by this |
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| 1 | | Section. | 2 | | (e) A person convicted of violating subsection (b-5) | 3 | | commits a Class A misdemeanor if the violation resulted in | 4 | | great bodily harm, permanent disability, or disfigurement to | 5 | | another. A person convicted of violating subsection (b-5) | 6 | | commits a Class 4 felony if the violation resulted in the death | 7 | | of another person. | 8 | | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | 9 | | revised 10-15-18.)
| 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act.
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