Full Text of SB2508 099th General Assembly
SB2508 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2508 Introduced 2/9/2016, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/12-610 | from Ch. 95 1/2, par. 12-610 |
625 ILCS 5/12-610.1 | | 625 ILCS 5/12-610.2 | |
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Amends the Illinois Vehicle Code. Provides that a violation (rather than a second or subsequent violation) of operating a motor vehicle while using an electronic communication device is an offense against traffic regulations governing the movement of vehicles, for which a person shall be fined a minimum (rather than maximum) of $75 for a first offense. Provides that provisions disallowing use of certain electronic communication devices does not include a driver of a commercial motor vehicle using the electronic communication device within the permitted scope of employment reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size. Removes the use of certain electronic communication devices allowed while driving. Makes conforming changes.
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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 12-610, 12-610.1, and 12-610.2 as follows:
| 6 | | (625 ILCS 5/12-610) (from Ch. 95 1/2, par. 12-610)
| 7 | | Sec. 12-610. Headset receivers.
| 8 | | (a) Except as provided
under Section 11-1403.3, no driver | 9 | | of a motor vehicle on
the highways of this State shall wear | 10 | | headset receivers while driving.
| 11 | | (b) This Section does not prohibit the use of a headset | 12 | | type
receiving equipment used exclusively for safety or traffic | 13 | | engineering
studies, by law enforcement personnel on duty, or | 14 | | emergency
medical services and fire service personnel.
| 15 | | (c) (Blank). This Section does not prohibit the use of any | 16 | | single sided headset
type receiving and transmitting equipment | 17 | | designed to be used in or on one
ear which is used exclusively | 18 | | for providing two-way radio vocal
communications by an | 19 | | individual in possession of a current and valid novice
class or | 20 | | higher amateur radio license issued by the Federal | 21 | | Communications
Commission and an amateur radio operator | 22 | | special registration plate issued
under Section 3-607 of this | 23 | | Code.
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| 1 | | (d) This Section does not prohibit the use of a | 2 | | single-sided headset or
earpiece with
a cellular or other | 3 | | mobile telephone.
| 4 | | (Source: P.A. 92-152, eff. 7-25-01.)
| 5 | | (625 ILCS 5/12-610.1) | 6 | | Sec. 12-610.1. Wireless telephones. | 7 | | (a) As used in this Section, "wireless telephone" means
a | 8 | | device that is capable of transmitting or receiving
telephonic | 9 | | communications without a wire connecting the
device to the | 10 | | telephone network. | 11 | | (b) A person under the age of 19 years who holds an | 12 | | instruction permit issued under Section 6-105 or 6-107.1, or a | 13 | | person under the age of 19 years who holds a graduated license | 14 | | issued under Section 6-107, may not drive a vehicle on a | 15 | | roadway while using a wireless phone.
| 16 | | (b-5) A person under the age of 19 commits aggravated use | 17 | | of a wireless telephone when he or she violates subsection (b) | 18 | | and in committing the violation he or she was involved in a | 19 | | motor vehicle accident that results in great bodily harm, | 20 | | permanent disability, disfigurement, or death to another and | 21 | | the violation was a proximate cause of the injury or death. | 22 | | (c) This Section does not apply to a person under the age | 23 | | of 19 years using a
wireless telephone for emergency purposes, | 24 | | including, but not
limited to, an emergency call to a law | 25 | | enforcement agency,
health care provider, fire department, or |
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| 1 | | other emergency
services agency or entity.
| 2 | | (d) If a graduated driver's license holder over the age of | 3 | | 18 committed an offense against traffic regulations governing | 4 | | the movement of vehicles or any violation of Section 6-107 or | 5 | | Section 12-603.1 of this Code in the 6 months prior to the | 6 | | graduated driver's license holder's 18th birthday, and was | 7 | | subsequently convicted of the violation, the provisions of | 8 | | paragraph (b) shall continue to apply until such time as a | 9 | | period of 6 consecutive months has elapsed without an | 10 | | additional violation and subsequent conviction of an offense | 11 | | against traffic regulations governing the movement of vehicles | 12 | | or any violation of Section 6-107 or Section 12-603.1 of this | 13 | | Code.
| 14 | | (e) A person, regardless of age, may not use a wireless
| 15 | | telephone at any time while operating a motor vehicle on a | 16 | | roadway in a school speed
zone established under Section | 17 | | 11-605, on a highway in a construction or
maintenance speed | 18 | | zone established under Section 11-605.1, or within 500 feet of | 19 | | an emergency scene. As used in this Section, "emergency scene" | 20 | | means a location where an authorized emergency vehicle as | 21 | | defined by Section 1-105 of this Code is
present and has | 22 | | activated its oscillating, rotating, or flashing lights.
This | 23 | | subsection (e) does not apply to (i) a person engaged in a
| 24 | | highway construction or maintenance project for which a
| 25 | | construction or maintenance speed zone has been established
| 26 | | under Section 11-605.1, (ii) a person using a wireless
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| 1 | | telephone for emergency purposes, including, but not limited | 2 | | to,
law enforcement agency, health care provider, fire | 3 | | department, or other emergency services agency or entity, (iii) | 4 | | a law enforcement officer or operator of an emergency vehicle | 5 | | when performing the officer's or operator's official duties, | 6 | | (iv) (blank), a person using a wireless telephone in | 7 | | voice-operated mode, which may include the use of a headset, | 8 | | (v) (blank), or a person using a wireless telephone by pressing | 9 | | a single button to initiate or terminate a voice communication, | 10 | | or (vi) a person using an electronic communication device for | 11 | | the sole purpose of reporting an emergency situation and | 12 | | continued communication with emergency personnel during the | 13 | | emergency situation. | 14 | | (e-5) A person commits aggravated use of a wireless | 15 | | telephone when he or she violates subsection (e) and in | 16 | | committing the violation he or she was involved in a motor | 17 | | vehicle accident that results in great bodily harm, permanent | 18 | | disability, disfigurement, or death to another and the | 19 | | violation was a proximate cause of the injury or death. | 20 | | (f) A person convicted of violating subsection (b-5) or | 21 | | (e-5) commits a Class A misdemeanor if the violation resulted | 22 | | in great bodily harm, permanent disability, or disfigurement to | 23 | | another. A person convicted of violating subsection (b-5) or | 24 | | (e-5) commits a Class 4 felony if the violation resulted in the | 25 | | death of another person. | 26 | | (Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; |
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| 1 | | 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.) | 2 | | (625 ILCS 5/12-610.2) | 3 | | Sec. 12-610.2. Electronic communication devices. | 4 | | (a) As used in this Section: | 5 | | "Electronic communication device" means an electronic | 6 | | device, including but not limited to a hand-held wireless | 7 | | telephone, hand-held personal digital assistant, or a portable | 8 | | or mobile computer, but does not include a global positioning | 9 | | system or navigation system or a device that is physically or | 10 | | electronically integrated into the motor vehicle. | 11 | | (b) A person may not operate a motor vehicle on a roadway | 12 | | while using an electronic communication device. | 13 | | (b-5) A person commits aggravated use of an electronic | 14 | | communication device when he or she violates subsection (b) and | 15 | | in committing the violation he or she was involved in a motor | 16 | | vehicle accident that results in great bodily harm, permanent | 17 | | disability, disfigurement, or death to another and the | 18 | | violation was a proximate cause of the injury or death. | 19 | | (c) A second or subsequent violation of this Section is an | 20 | | offense against traffic regulations governing the movement of | 21 | | vehicles. A person who violates this Section shall be fined a | 22 | | minimum maximum of $75 for a first offense, $100 for a second | 23 | | offense, $125 for a third offense, and $150 for a fourth or | 24 | | subsequent offense. | 25 | | (d) This Section does not apply to: |
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| 1 | | (1) a law enforcement officer or operator of an | 2 | | emergency vehicle while performing his or her official | 3 | | duties; | 4 | | (2) a driver using an electronic communication device | 5 | | for the sole purpose of reporting an emergency situation | 6 | | and continued communication with emergency personnel | 7 | | during the emergency situation; | 8 | | (3) (blank); a driver using an electronic | 9 | | communication device in hands-free or voice-operated mode, | 10 | | which may include the use of a headset; | 11 | | (4) a driver of a commercial motor vehicle using the | 12 | | electronic communication device within the permitted scope | 13 | | of his or her employment reading a message displayed on a | 14 | | permanently installed communication device designed for a | 15 | | commercial motor vehicle with a screen that does not exceed | 16 | | 10 inches tall by 10 inches wide in size; | 17 | | (5) a driver using an electronic communication device | 18 | | while parked on the shoulder of a roadway; | 19 | | (6) (blank); a driver using an electronic | 20 | | communication device when the vehicle is stopped due to | 21 | | normal traffic being obstructed and the driver has the | 22 | | motor vehicle transmission in neutral or park;
| 23 | | (7) (blank); a driver using two-way or citizens band | 24 | | radio services; | 25 | | (8) (blank); a driver using two-way mobile radio | 26 | | transmitters or receivers for licensees of the Federal |
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| 1 | | Communications Commission in the amateur radio service; | 2 | | (9) (blank); or a driver using an electronic | 3 | | communication device by pressing a single button to | 4 | | initiate or terminate a voice communication; or | 5 | | (10) (blank). a driver using an electronic | 6 | | communication device capable of performing multiple | 7 | | functions, other than a hand-held wireless telephone or | 8 | | hand-held personal digital assistant (for example, a fleet | 9 | | management system, dispatching device, citizens band | 10 | | radio, or music player) for a purpose that is not otherwise | 11 | | prohibited by this Section. | 12 | | (e) A person convicted of violating subsection (b-5) | 13 | | commits a Class A misdemeanor if the violation resulted in | 14 | | great bodily harm, permanent disability, or disfigurement to | 15 | | another. A person convicted of violating subsection (b-5) | 16 | | commits a Class 4 felony if the violation resulted in the death | 17 | | of another person. | 18 | | (Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; | 19 | | 98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)
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