Full Text of HB2971 102nd General Assembly
HB2971 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2971 Introduced 2/19/2021, by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that a person under the age of 19 years who holds an instruction permit a graduated license, may use a wireless telephone while driving a vehicle on a roadway if the use of the wireless telephone is for GPS purposes only.
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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 | 5 | | changing Section 12-610.1 as follows: | 6 | | (625 ILCS 5/12-610.1) | 7 | | Sec. 12-610.1. Wireless telephones. | 8 | | (a) As used in this Section, "wireless telephone" means
a | 9 | | device that is capable of transmitting or receiving
telephonic | 10 | | communications without a wire connecting the
device to the | 11 | | telephone network. | 12 | | (b) Except as provided in subsection (b-1), a A person | 13 | | under the age of 19 years who holds an instruction permit | 14 | | issued under Section 6-105 or 6-107.1, or a person under the | 15 | | age of 19 years who holds a graduated license issued under | 16 | | Section 6-107, may not drive a vehicle on a roadway while using | 17 | | a wireless phone. | 18 | | (b-1) A person under the age of 19 years who holds an | 19 | | instruction permit issued under Section 6-105 or 6-107.1 or a | 20 | | graduated license issued under Section 6-107 may use a | 21 | | wireless telephone while driving a vehicle on a roadway if the | 22 | | use of the wireless telephone is for GPS purposes only.
| 23 | | (b-5) A person under the age of 19 commits aggravated use |
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| 1 | | of a wireless telephone when he or she violates subsection (b) | 2 | | and in committing the violation he or she 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 was a proximate cause of the injury or death. | 6 | | (c) This Section does not apply to a person under the age | 7 | | of 19 years using a
wireless telephone for emergency purposes, | 8 | | including, but not
limited to, an emergency call to a law | 9 | | enforcement agency,
health care provider, fire department, or | 10 | | other emergency
services agency or entity.
| 11 | | (d) If a graduated driver's license holder over the age of | 12 | | 18 committed an offense against traffic regulations governing | 13 | | the movement of vehicles or any violation of Section 6-107 or | 14 | | Section 12-603.1 of this Code in the 6 months prior to the | 15 | | graduated driver's license holder's 18th birthday, and was | 16 | | subsequently convicted of the violation, the provisions of | 17 | | paragraph (b) shall continue to apply until such time as a | 18 | | period of 6 consecutive months has elapsed without an | 19 | | additional violation and subsequent conviction of an offense | 20 | | against traffic regulations governing the movement of vehicles | 21 | | or any violation of Section 6-107 or Section 12-603.1 of this | 22 | | Code.
| 23 | | (e) A person, regardless of age, may not use a wireless
| 24 | | telephone at any time while operating a motor vehicle on a | 25 | | roadway in a school speed
zone established under Section | 26 | | 11-605, on a highway in a construction or
maintenance speed |
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| 1 | | zone established under Section 11-605.1, or within 500 feet of | 2 | | an emergency scene. As used in this Section, "emergency scene" | 3 | | means a location where an authorized emergency vehicle as | 4 | | defined by Section 1-105 of this Code is
present and has | 5 | | activated its oscillating, rotating, or flashing lights.
This | 6 | | subsection (e) does not apply to (i) a person engaged in a
| 7 | | highway construction or maintenance project for which a
| 8 | | construction or maintenance speed zone has been established
| 9 | | under Section 11-605.1, (ii) a person using a wireless
| 10 | | telephone for emergency purposes, including, but not limited | 11 | | to,
law enforcement agency, health care provider, fire | 12 | | department, or other emergency services agency or entity, | 13 | | (iii) a law enforcement officer or operator of an emergency | 14 | | vehicle when performing the officer's or operator's official | 15 | | duties, (iv) a person using a wireless telephone in | 16 | | voice-operated mode, which may include the use of a headset, | 17 | | (v) a person using a wireless telephone by pressing a single | 18 | | button to initiate or terminate a voice communication, or (vi) | 19 | | a person using an electronic communication device for the sole | 20 | | purpose of reporting an emergency situation and continued | 21 | | communication with emergency personnel during the emergency | 22 | | situation. | 23 | | (e-5) A person commits aggravated use of a wireless | 24 | | telephone when he or she violates subsection (e) and in | 25 | | committing the violation he or she was involved in a motor | 26 | | vehicle accident that results in great bodily harm, permanent |
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| 1 | | disability, disfigurement, or death to another and the | 2 | | violation was a proximate cause of the injury or death. | 3 | | (f) A person convicted of violating subsection (b-5) or | 4 | | (e-5) commits a Class A misdemeanor if the violation resulted | 5 | | in great bodily harm, permanent disability, or disfigurement | 6 | | to another. A person convicted of violating subsection (b-5) | 7 | | or (e-5) commits a Class 4 felony if the violation resulted in | 8 | | the death of another person. | 9 | | (Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; | 10 | | 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
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