97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1984

 

Introduced , by Rep. Thomas Holbrook

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-610.1
625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. Provides that no person may use a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene except for specified purposes. Adds digital photographs and video to the definition of "electronic message" in provisions prohibiting the use of electronic communication devices while operating a motor vehicle. Effective immediately.


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A BILL FOR

 

HB1984LRB097 10578 HEP 50932 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
5Section 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. This subsection (e) does not apply to (i) a
17person engaged in a highway construction or maintenance project
18for which a construction or maintenance speed zone has been
19established under Section 11-605.1, (ii) a person using a
20wireless telephone for emergency purposes, including, but not
21limited to, law enforcement agency, health care provider, fire
22department, or other emergency services agency or entity, (iii)
23a law enforcement officer or operator of an emergency vehicle
24when performing the officer's or operator's official duties, or
25(iv) to a person using a wireless telephone in voice-activated
26mode, or (v) a person using an electronic communication device

 

 

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1for the sole purpose of reporting an emergency situation and
2continued communication with emergency personnel during the
3emergency situation.
4(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876,
5eff. 8-21-08; 96-131, eff. 1-1-10.)
 
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
10device, including but not limited to a wireless telephone,
11personal digital assistant, or a portable or mobile computer
12while being used for the purpose of composing, reading, or
13sending an electronic message, but does not include a global
14positioning system or navigation system or a device that is
15physically or electronically integrated into the motor
16vehicle.
17    "Electronic message" means a self-contained piece of
18digital communication that is designed or intended to be
19transmitted between physical devices. "Electronic message"
20includes, but is not limited to electronic mail, a text
21message, an instant message, a digital photograph, a video, or
22a command or request to access an Internet site.
23    (b) A person may not operate a motor vehicle on a roadway
24while using an electronic communication device to compose,
25send, or read an electronic message.

 

 

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1    (c) A violation of this Section is an offense against
2traffic regulations governing the movement of vehicles.
3    (d) This Section does not apply to:
4        (1) a law enforcement officer or operator of an
5    emergency vehicle while performing his or her official
6    duties;
7        (2) a driver using an electronic communication device
8    for the sole purpose of reporting an emergency situation
9    and continued communication with emergency personnel
10    during the emergency situation;
11        (3) a driver using an electronic communication device
12    in hands-free or voice-activated mode;
13        (4) a driver of a commercial motor vehicle reading a
14    message displayed on a permanently installed communication
15    device designed for a commercial motor vehicle with a
16    screen that does not exceed 10 inches tall by 10 inches
17    wide in size;
18        (5) a driver using an electronic communication device
19    while parked on the shoulder of a roadway; or
20        (6) a driver using an electronic communication device
21    when the vehicle is stopped due to normal traffic being
22    obstructed and the driver has the motor vehicle
23    transmission in neutral or park.
24(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.