Public Act 097-0828
 
HB5099 EnrolledLRB097 19198 HEP 64440 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
Sections 12-610.1 and 12-610.2 as follows:
 
    (625 ILCS 5/12-610.1)
    Sec. 12-610.1. Wireless telephones.
    (a) As used in this Section, "wireless telephone" means a
device that is capable of transmitting or receiving telephonic
communications without a wire connecting the device to the
telephone network.
    (b) A person under the age of 19 years who holds an
instruction permit issued under Section 6-105 or 6-107.1, or a
person under the age of 19 years who holds a graduated license
issued under Section 6-107, may not drive a vehicle on a
roadway while using a wireless phone.
    (c) This Section does not apply to a person under the age
of 19 years using a wireless telephone for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or
other emergency services agency or entity.
    (d) If a graduated driver's license holder over the age of
18 committed an offense against traffic regulations governing
the movement of vehicles or any violation of Section 6-107 or
Section 12-603.1 of this Code in the 6 months prior to the
graduated driver's license holder's 18th birthday, and was
subsequently convicted of the violation, the provisions of
paragraph (b) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of this
Code.
    (e) A person, regardless of age, may not use a wireless
telephone at any time while operating a motor vehicle on a
roadway in a school speed zone established under Section
11-605, or on a highway in a construction or maintenance speed
zone established under Section 11-605.1, or within 500 feet of
an emergency scene. As used in this Section, "emergency scene"
means a location where an authorized emergency vehicle as
defined by Section 1-105 of this Code is present and has
activated its oscillating, rotating, or flashing lights. This
subsection (e) does not apply to (i) a person engaged in a
highway construction or maintenance project for which a
construction or maintenance speed zone has been established
under Section 11-605.1, (ii) a person using a wireless
telephone for emergency purposes, including, but not limited
to, law enforcement agency, health care provider, fire
department, or other emergency services agency or entity, (iii)
a law enforcement officer or operator of an emergency vehicle
when performing the officer's or operator's official duties, or
(iv) to a person using a wireless telephone in voice-operated
voice-activated mode, or (v) a person using an electronic
communication device for the sole purpose of reporting an
emergency situation and continued communication with emergency
personnel during the emergency situation.
(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876,
eff. 8-21-08; 96-131, eff. 1-1-10.)
 
    (625 ILCS 5/12-610.2)
    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 wireless telephone,
personal digital assistant, or a portable or mobile computer
while being used for the purpose of composing, reading, or
sending an electronic message, but does not include a global
positioning system or navigation system or a device that is
physically or electronically integrated into the motor
vehicle.
    "Electronic message" means a self-contained piece of
digital communication that is designed or intended to be
transmitted between physical devices. "Electronic message"
includes, but is not limited to electronic mail, a text
message, an instant message, a digital photograph, a video, or
a command or request to access an Internet site.
    (b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device to compose,
send, or read an electronic message.
    (c) A violation of this Section is an offense against
traffic regulations governing the movement of vehicles.
    (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;
        (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 voice-activated mode;
        (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; or
        (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.
(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.