Full Text of SB1299 096th General Assembly
SB1299 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1299
Introduced 2/10/2009, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Creates the offenses of driving with a screen device operating, a Class 1, 3, or 4 felony or a Class A misdemeanor depending on specified circumstances, and unlawful installation of television, monitor, or similar device, a Class A misdemeanor. Provides that a person commits the offense of driving with a screen device operating when the person is driving a motor vehicle that has a television, video monitor, portable computer, or
any other similar means operating that is capable of providing a visual display in full view of a
driver in a normal driving position while the motor vehicle is in motion. Provides that a person commits the offense of unlawful installation of television, monitor, or similar device if the person installs or alters a television, video monitor, portable computer, or
any other similar means capable of providing a visual display that is in full view of a
driver of a motor vehicle in a normal driving position while the motor vehicle is in motion. Provides several exceptions and an affirmative defense. Renames a "cellular radio telecommunication device" as a "mobile communication device", and modifies the definitions of a "mobile communication device" and "using a mobile communication device" to prohibit text messaging and other similar uses of mobile communication devices (instead of prohibiting just talking, listening to, and dialing telephonic communications) for purposes of expanding a provision prohibiting the use of mobile communication devices by school bus drivers. Repeals a provision relating to the use of video devices while driving. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1299 |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 12-813.1 and by adding Section 12-604.2 as follows: | 6 |
| (625 ILCS 5/12-604.2 new) | 7 |
| Sec. 12-604.2. Driving with a screen device operating; | 8 |
| unlawful installation of television, monitor, or similar | 9 |
| device. | 10 |
| (a) A person
commits the offense of driving with a screen | 11 |
| device operating if: | 12 |
| (1) the person is driving a motor vehicle; | 13 |
| (2) the motor vehicle has a television, video monitor, | 14 |
| portable computer, or
any other similar means capable of | 15 |
| providing a visual display that is in full view of a
driver | 16 |
| in a normal driving position while the motor vehicle is in | 17 |
| motion; and | 18 |
| (3) the monitor or visual display is operating while | 19 |
| the person is
driving. | 20 |
| (b) A person commits the offense of unlawful installation | 21 |
| of television, monitor, or similar device if the person | 22 |
| installs or alters equipment described in subdivision (a)(2) of | 23 |
| this
Section that allows the images to be viewed by the driver |
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| in a normal driving position
while the motor vehicle is in | 2 |
| motion. | 3 |
| (c) Subsections (a) and (b) of this Section do not apply | 4 |
| to: | 5 |
| (1) portable telephones or personal data assistants | 6 |
| being used
for verbal communication or displaying caller | 7 |
| identification information; | 8 |
| (2) equipment that is displaying only: | 9 |
| (A) audio equipment information, functions, and | 10 |
| controls; | 11 |
| (B) vehicle information or controls related to | 12 |
| speed, fuel level,
battery charge, and other vehicle | 13 |
| safety or equipment information; | 14 |
| (C) navigation or global positioning; | 15 |
| (D) maps; | 16 |
| (E) visual information to
(i) enhance or | 17 |
| supplement the driver's view forward,
behind, or to the | 18 |
| sides of the motor vehicle for the purpose of
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| maneuvering the motor vehicle or
(ii) allow the driver | 20 |
| to monitor motor vehicle occupants seated
behind the | 21 |
| driver; | 22 |
| (F) vehicle dispatching and response information | 23 |
| for motor
vehicles providing emergency road service or | 24 |
| roadside assistance; | 25 |
| (G) vehicle dispatching information for passenger | 26 |
| transport or
freight or package delivery; or |
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| (H) information for use in performing highway | 2 |
| construction,
maintenance, or repair or data | 3 |
| acquisition by the Department of Transportation
and | 4 |
| Public Facilities or a municipality. | 5 |
| (d) Subsections (a) and (b) of this Section do not apply to | 6 |
| devices and
equipment installed in an authorized emergency | 7 |
| vehicle. | 8 |
| (e) It is an affirmative defense to a prosecution under (b) | 9 |
| of this section that
the equipment installed or altered | 10 |
| includes a device that, when the motor vehicle is
being driven, | 11 |
| disables the equipment for all uses except those described in | 12 |
| (c) of this
Section. | 13 |
| (f) A person who violates subsection (a) of this Section is | 14 |
| guilty of: | 15 |
| (1) a Class A misdemeanor, unless any of the | 16 |
| circumstances described
in paragraphs (2) - (4) of this | 17 |
| subsection apply; | 18 |
| (2) a Class 4 felony if the person's driving causes | 19 |
| physical injury to
another person; | 20 |
| (3) a Class 3 felony if the person's driving causes | 21 |
| serious physical
injury to another person; | 22 |
| (4) a Class 1 felony if the person's driving causes the | 23 |
| death of another
person. | 24 |
| (g) A person who violates subsection (b) of this Section is | 25 |
| guilty of a class A
misdemeanor.
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| (625 ILCS 5/12-813.1)
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| Sec. 12-813.1.
Operation of a school bus while using a | 3 |
| mobile communication cellular radio
telecommunication device.
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| (a) In this Section:
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| "School bus driver" means a person operating a school bus | 6 |
| who has a valid
school bus driver permit as required under | 7 |
| Sections 6-104 and 6-106.1 of this
Code.
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| " Mobile communication Cellular radio telecommunication | 9 |
| device" means a two or more way communication device capable of | 10 |
| sending
or receiving telephone communications without an | 11 |
| access line for service and
which requires the operator to | 12 |
| enter numbers or letters dial numbers manually , and is used for | 13 |
| radio-telephone communications used in wireless telephone | 14 |
| service, personal communication service, or the functional | 15 |
| equivalent of a radio-telephone communications line used in | 16 |
| wireless telephone service or a personal communication | 17 |
| service . It does not, however,
include citizens band radios or | 18 |
| citizens band radio hybrids.
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| "Using a mobile communication cellular radio | 20 |
| telecommunication device" means talking , or listening
to , or | 21 |
| typing on, or dialing a mobile communication cellular radio | 22 |
| telecommunication device.
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| To "operate" means to have the vehicle in motion while it | 24 |
| contains one or
more passengers.
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| (b) A school bus driver may not operate a school bus while | 26 |
| using a mobile communication cellular
radio telecommunication |
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| device.
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| (c) This Section does not apply:
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| (1) To the use of a mobile communication cellular radio | 4 |
| telecommunication device for the
purpose of communicating | 5 |
| with any of the following regarding an emergency
situation:
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| (A) an emergency response operator;
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| (B) a hospital;
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| (C) a
physician's office or health clinic;
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| (D) an ambulance service;
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| (E) a fire
department, fire district, or fire | 11 |
| company; or
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| (F) a police department.
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| (2) To the use of a mobile communication cellular radio | 14 |
| telecommunication device to call for
assistance in the | 15 |
| event that there is a mechanical breakdown or other
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| mechanical problem that impairs the safe operation of the | 17 |
| bus.
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| (3) To the use of a mobile communication cellular radio | 19 |
| telecommunication device that has a
digital two-way radio | 20 |
| service capability owned and operated by the school
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| district, when that device is being used as a
digital | 22 |
| two-way radio.
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| (4) When the school bus is parked.
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| (d) A school bus driver who violates this Section is guilty | 25 |
| of a petty
offense punishable by a fine of not less than $100 | 26 |
| and not more than $250.
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| (Source: P.A. 92-730, eff. 1-1-03.)
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| (625 ILCS 5/12-604.1 rep.) | 3 |
| Section 10. The Illinois Vehicle Code is amended by | 4 |
| repealing Section 12-604.1.
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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INDEX
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Statutes amended in order of appearance
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| 625 ILCS 5/12-604.2 new |
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| 625 ILCS 5/12-813.1 |
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| 625 ILCS 5/12-604.1 rep. |
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