96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0029

 

Introduced 1/30/2009, by Sen. Dan Rutherford

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-610.2 new

    Amends the Illinois Vehicle Code. Prohibits the operation of a motor vehicle while using a wireless telephone or other mobile electronic device to send, read, or write a text-based communication. Sets forth exceptions. Provides that a violation is a petty offense punishable by a fine of $75 and that, if a violation occurs at the time of a traffic accident, the violator shall pay an additional fine of $200. Effective immediately.


LRB096 02847 AJT 12860 b

 

 

A BILL FOR

 

SB0029 LRB096 02847 AJT 12860 b

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 adding
5 Section 12-610.2 as follows:
 
6     (625 ILCS 5/12-610.2 new)
7     Sec. 12-610.2. Text messaging while driving.
8     (a) As used in this Section:
9     "Wireless telephone" means a device that is capable of
10 transmitting or receiving telephonic communications without a
11 wire connecting the device to the telephone network.
12     "Send, read, or write a text-based communication" means to
13 use a wireless telephone or other mobile electronic device to
14 manually communicate with any person by using a text-based
15 communication referred to as a text message, instant message,
16 or electronic mail. For purposes of this Section, a person does
17 not send, read, or write a text-based communication when he or
18 she reads, selects, or enters a telephone number or name for
19 the purpose of making a telephone call.
20     (b) A person may not operate a motor vehicle while using a
21 wireless telephone or other mobile electronic device to send,
22 read, or write a text-based communication.
23     (c) This Section does not apply to the use of:

 

 

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1         (1) a wireless telephone or other mobile electronic
2     device for emergency purposes, including but not limited
3     to, an emergency call to a law enforcement agency, health
4     care provider, fire department, or other emergency
5     services agency or entity; or
6         (2) a device that is permanently affixed to the
7     vehicle, or a global positioning system or navigation
8     system when the system is used exclusively for navigation
9     purposes.
10     (d) A violation of this Section is a petty offense
11 punishable by a fine of $75; however, if a violation occurs at
12 the time of a traffic accident, the violator shall pay an
13 additional fine of $200.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.