Illinois General Assembly - Full Text of HB5099
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Full Text of HB5099  97th General Assembly

HB5099enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB5099 EnrolledLRB097 19198 HEP 64440 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 12-610.1 and 12-610.2 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
9device that is capable of transmitting or receiving telephonic
10communications without a wire connecting the device to the
11telephone network.
12    (b) A person under the age of 19 years who holds an
13instruction permit issued under Section 6-105 or 6-107.1, or a
14person under the age of 19 years who holds a graduated license
15issued under Section 6-107, may not drive a vehicle on a
16roadway while using a wireless phone.
17    (c) This Section does not apply to a person under the age
18of 19 years using a wireless telephone for emergency purposes,
19including, but not limited to, an emergency call to a law
20enforcement agency, health care provider, fire department, or
21other emergency services agency or entity.
22    (d) If a graduated driver's license holder over the age of
2318 committed an offense against traffic regulations governing

 

 

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1the movement of vehicles or any violation of Section 6-107 or
2Section 12-603.1 of this Code in the 6 months prior to the
3graduated driver's license holder's 18th birthday, and was
4subsequently convicted of the violation, the provisions of
5paragraph (b) shall continue to apply until such time as a
6period of 6 consecutive months has elapsed without an
7additional violation and subsequent conviction of an offense
8against traffic regulations governing the movement of vehicles
9or any violation of Section 6-107 or Section 12-603.1 of this
10Code.
11    (e) A person, regardless of age, may not use a wireless
12telephone at any time while operating a motor vehicle on a
13roadway in a school speed zone established under Section
1411-605, or on a highway in a construction or maintenance speed
15zone established under Section 11-605.1, or within 500 feet of
16an emergency scene. As used in this Section, "emergency scene"
17means a location where an authorized emergency vehicle as
18defined by Section 1-105 of this Code is present and has
19activated its oscillating, rotating, or flashing lights. This
20subsection (e) does not apply to (i) a person engaged in a
21highway construction or maintenance project for which a
22construction or maintenance speed zone has been established
23under Section 11-605.1, (ii) a person using a wireless
24telephone for emergency purposes, including, but not limited
25to, law enforcement agency, health care provider, fire
26department, or other emergency services agency or entity, (iii)

 

 

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1a law enforcement officer or operator of an emergency vehicle
2when performing the officer's or operator's official duties, or
3(iv) to a person using a wireless telephone in voice-operated
4voice-activated mode, or (v) a person using an electronic
5communication device for the sole purpose of reporting an
6emergency situation and continued communication with emergency
7personnel during the emergency situation.
8(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876,
9eff. 8-21-08; 96-131, eff. 1-1-10.)
 
10    (625 ILCS 5/12-610.2)
11    Sec. 12-610.2. Electronic communication devices.
12    (a) As used in this Section:
13    "Electronic communication device" means an electronic
14device, including but not limited to a wireless telephone,
15personal digital assistant, or a portable or mobile computer
16while being used for the purpose of composing, reading, or
17sending an electronic message, but does not include a global
18positioning system or navigation system or a device that is
19physically or electronically integrated into the motor
20vehicle.
21    "Electronic message" means a self-contained piece of
22digital communication that is designed or intended to be
23transmitted between physical devices. "Electronic message"
24includes, but is not limited to electronic mail, a text
25message, an instant message, a digital photograph, a video, or

 

 

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1a command or request to access an Internet site.
2    (b) A person may not operate a motor vehicle on a roadway
3while using an electronic communication device to compose,
4send, or read an electronic message.
5    (c) A violation of this Section is an offense against
6traffic regulations governing the movement of vehicles.
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        (2) a driver using an electronic communication device
12    for the sole purpose of reporting an emergency situation
13    and continued communication with emergency personnel
14    during the emergency situation;
15        (3) a driver using an electronic communication device
16    in hands-free or voice-operated voice-activated mode;
17        (4) a driver of a commercial motor vehicle reading a
18    message displayed on a permanently installed communication
19    device designed for a commercial motor vehicle with a
20    screen that does not exceed 10 inches tall by 10 inches
21    wide in size;
22        (5) a driver using an electronic communication device
23    while parked on the shoulder of a roadway; or
24        (6) a driver using an electronic communication device
25    when the vehicle is stopped due to normal traffic being
26    obstructed and the driver has the motor vehicle

 

 

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1    transmission in neutral or park.
2(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.