Full Text of HB3051 102nd General Assembly
HB3051 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3051 Introduced 2/19/2021, by Rep. Adam Niemerg SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. In a provision prohibiting the operation of a motor vehicle on a roadway while using an electronic communication device, increases the fines for violation of the provision as follows: from $75 to $120 for a first offense; from $100 to $145 for a second offense; from $125 to $170 for a third offense; and from $150 to $195 for a fourth or subsequent offense.
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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 12-610.2 as follows:
| 6 | | (625 ILCS 5/12-610.2)
| 7 | | Sec. 12-610.2. Electronic communication devices. | 8 | | (a) As used in this Section: | 9 | | "Electronic communication device" means an electronic | 10 | | device, including, but not limited to, a hand-held wireless | 11 | | telephone, hand-held personal digital assistant, or a portable | 12 | | or mobile computer, but does not include a global positioning | 13 | | system or navigation system or a device that is physically or | 14 | | electronically integrated into the motor vehicle. | 15 | | (b) A person may not operate a motor vehicle on a roadway | 16 | | while using an electronic communication device, including | 17 | | using an electronic communication device to watch or stream | 18 | | video. | 19 | | (b-5) A person commits aggravated use of an electronic | 20 | | communication device when he or she violates subsection (b) | 21 | | and in committing the violation he or she is involved in a | 22 | | motor vehicle accident that results in great bodily harm, | 23 | | permanent disability, disfigurement, or death to another and |
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| 1 | | the violation is a proximate cause of the injury or death. | 2 | | (c) A violation of this Section is an offense against | 3 | | traffic regulations governing the movement of vehicles. A | 4 | | person who violates this Section shall be fined a maximum of | 5 | | $120 $75 for a first offense, $145 $100 for a second offense, | 6 | | $170 $125 for a third offense, and $195 $150 for a fourth or | 7 | | subsequent offense, except that a person who violates | 8 | | subsection (b-5) shall be assessed a minimum fine of $1,000. | 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, while operating his or her own personal motor | 15 | | vehicle using an electronic communication device for the | 16 | | sole purpose of receiving information about an emergency | 17 | | situation while en route to performing his or her official | 18 | | 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 | 25 | | the 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 | 14 | | or 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 | | 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 101-297, eff. | 8 | | 1-1-20; revised 8-4-20.)
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