Public Act 103-0310
 
HB2431 EnrolledLRB103 29905 MXP 56317 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by 
changing Section 12-610.2 as follows:
 

    (625 ILCS 5/12-610.2)

 
 
    (Text of Section before amendment by P.A. 102-982)
  
    Sec. 12-610.2. Electronic communication devices.
    (a) As used in this Section:
    "Electronic communication device" means an electronic 
device, including, but not limited to, a hand-held wireless 
telephone, hand-held personal digital assistant, tablet, or a 
portable or mobile computer, but does not include a global 
positioning system or navigation system or a device that is 
physically or electronically integrated into the motor 
vehicle.
    (b) A person may not operate a motor vehicle on a roadway 
while using an electronic communication device, including 
using an electronic communication device to watch or stream 
video, participate in any video conferencing application, 
including, but not limited to, Zoom, Microsoft Teams, or 
WebEx, or access any social media site, including, but not 
limited to, Facebook, Snapchat, Instagram, or Twitter.  The 
exemptions in paragraphs (3) and (9) of subsection (d) do not 
apply when a person is using the electronic communication 
device to watch or stream video, participate in any video 
conferencing application, or access any social media site.
    (b-5) A person commits aggravated use of an electronic 
communication device when he or she violates subsection (b) 
and in committing the violation he or she is involved in a 
motor vehicle accident that results in great bodily harm, 
permanent disability, disfigurement, or death to another and 
the violation is a proximate cause of the injury or death. 
    (c) A violation of this Section is an offense against 
traffic regulations governing the movement of vehicles. A 
person who violates this Section shall be fined a maximum of 
$75 for a first offense, $100 for a second offense, $125 for a 
third offense, and $150 for a fourth or subsequent offense, 
except that a person who violates subsection (b-5) shall  be 
assessed a minimum fine of $1,000. 
    (d) This Section does not apply to:
        (1) a law enforcement officer or  operator of an 
    emergency vehicle while performing his or her official 
    duties;
        (1.5) a first responder, including a volunteer first 
    responder, while operating his or her own personal motor 
    vehicle using an electronic communication device for the 
    sole purpose of receiving information about an emergency 
    situation while en route to performing his or her official 
    duties; 
        (2) a driver using an electronic communication device 
    for the sole purpose of reporting an emergency situation 
    and continued communication with emergency personnel 
    during the emergency situation;
        (3) a driver using an electronic communication device 
    in hands-free or voice-operated mode, which may include 
    the use of a headset;
        (4) a driver of a commercial motor vehicle 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; 
        (5) a driver using an electronic communication device 
    while parked on the shoulder of a roadway;
        (6) a driver using an electronic communication device 
    when the vehicle is stopped due to normal traffic being 
    obstructed and the driver has the motor vehicle 
    transmission in neutral or park;

        (7) a driver using two-way or citizens band radio 
    services; 
        (8) a driver using two-way mobile radio transmitters 
    or receivers for licensees of the Federal Communications 
    Commission in the amateur radio service; 
        (9) a driver using an electronic communication device 
    by pressing a single button to initiate or terminate a 
    voice communication; or 
        (10) a driver using an electronic communication device 
    capable of performing multiple functions, other than a 
    hand-held wireless telephone or hand-held personal digital 
    assistant (for example, a fleet management system, 
    dispatching device, citizens band radio, or music player) 
    for a purpose that is not otherwise prohibited by this 
    Section. 
    (e) A person convicted of violating subsection (b-5) 
commits a Class A misdemeanor if the violation resulted in 
great bodily harm, permanent disability, or disfigurement to 
another. A person convicted of violating subsection (b-5) 
commits a Class 4 felony if the violation resulted in the death 
of another person. 
(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 
101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
    (Text of Section after amendment by P.A. 102-982)
  
    Sec. 12-610.2. Electronic communication devices.
    (a) As used in this Section:
    "Electronic communication device" means an electronic 
device, including, but not limited to, a hand-held wireless 
telephone, hand-held personal digital assistant, tablet, or a 
portable or mobile computer, but does not include a global 
positioning system or navigation system or a device that is 
physically or electronically integrated into the motor 
vehicle.
    (b) A person may not operate a motor vehicle on a roadway 
while using an electronic communication device, including 
using an electronic communication device to watch or stream 
video, participate in any video conferencing application, 
including, but not limited to, Zoom, Microsoft Teams, or 
WebEx, or access any social media site, including, but not 
limited to, Facebook, Snapchat, Instagram, or Twitter.  The 
exemptions in paragraphs (3) and (9) of subsection (d) do not 
apply when a person is using the electronic communication 
device to watch or stream video, participate in any video 
conferencing application, or access any social media site.
    (b-5) A person commits aggravated use of an electronic 
communication device when he or she violates subsection (b) 
and in committing the violation he or she is involved in a 
motor vehicle crash that results in great bodily harm, 
permanent disability, disfigurement, or death to another and 
the violation is a proximate cause of the injury or death. 
    (c) A violation of this Section is an offense against 
traffic regulations governing the movement of vehicles. A 
person who violates this Section shall be fined a maximum of 
$75 for a first offense, $100 for a second offense, $125 for a 
third offense, and $150 for a fourth or subsequent offense, 
except that a person who violates subsection (b-5) shall  be 
assessed a minimum fine of $1,000. 
    (d) This Section does not apply to:
        (1) a law enforcement officer or  operator of an 
    emergency vehicle while performing his or her official 
    duties;
        (1.5) a first responder, including a volunteer first 
    responder, while operating his or her own personal motor 
    vehicle using an electronic communication device for the 
    sole purpose of receiving information about an emergency 
    situation while en route to performing his or her official 
    duties; 
        (2) a driver using an electronic communication device 
    for the sole purpose of reporting an emergency situation 
    and continued communication with emergency personnel 
    during the emergency situation;
        (3) a driver using an electronic communication device 
    in hands-free or voice-operated mode, which may include 
    the use of a headset;
        (4) a driver of a commercial motor vehicle 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; 
        (5) a driver using an electronic communication device 
    while parked on the shoulder of a roadway;
        (6) a driver using an electronic communication device 
    when the vehicle is stopped due to normal traffic being 
    obstructed and the driver has the motor vehicle 
    transmission in neutral or park;

        (7) a driver using two-way or citizens band radio 
    services; 
        (8) a driver using two-way mobile radio transmitters 
    or receivers for licensees of the Federal Communications 
    Commission in the amateur radio service; 
        (9) a driver using an electronic communication device 
    by pressing a single button to initiate or terminate a 
    voice communication; or 
        (10) a driver using an electronic communication device 
    capable of performing multiple functions, other than a 
    hand-held wireless telephone or hand-held personal digital 
    assistant (for example, a fleet management system, 
    dispatching device, citizens band radio, or music player) 
    for a purpose that is not otherwise prohibited by this 
    Section. 
    (e) A person convicted of violating subsection (b-5) 
commits a Class A misdemeanor if the violation resulted in 
great bodily harm, permanent disability, or disfigurement to 
another. A person convicted of violating subsection (b-5) 
commits a Class 4 felony if the violation resulted in the death 
of another person. 
(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 
101-297, eff. 1-1-20; 102-558, eff. 8-20-21; 102-982, eff. 
7-1-23.)
  
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.