State of Illinois
2013 and 2014


Introduced , by Rep. John D'Amico


625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. Expands the prohibition on driving while using an electronic communication device to include uses beyond composing, sending, or reading an electronic message. Expands the exceptions to include the use of hands-free devices, two-way radios, and electronic devices capable of performing multiple functions as long as these devices are not used for a prohibited purpose. Establishes a graduated fine scale for repeat offenses.

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HB1247LRB098 06640 MLW 36683 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 12-610.2 as follows:
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 hand-held wireless
11telephone, hand-held personal digital assistant, or a portable
12or mobile computer while being used for the purpose of
13composing, reading, or sending an electronic message, but does
14not include a global positioning system or navigation system or
15a device that is physically or electronically integrated into
16the motor vehicle.
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



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1while using an electronic communication device to compose,
2send, or read an electronic message.
3    (c) A violation of this Section is an offense against
4traffic regulations governing the movement of vehicles. A
5person who violates this Section shall be fined a maximum of
6$75 for a first offense, $100 for a second offense, $125 for a
7third offense, and $150 for a fourth or subsequent offense.
8    (d) This Section does not apply to:
9        (1) a law enforcement officer or operator of an
10    emergency vehicle while performing his or her official
11    duties;
12        (2) a driver using an electronic communication device
13    for the sole purpose of reporting an emergency situation
14    and continued communication with emergency personnel
15    during the emergency situation;
16        (3) a driver using an electronic communication device
17    in hands-free or voice-operated mode, which may include the
18    use of a headset;
19        (4) a driver of a commercial motor vehicle reading a
20    message displayed on a permanently installed communication
21    device designed for a commercial motor vehicle with a
22    screen that does not exceed 10 inches tall by 10 inches
23    wide in size;
24        (5) a driver using an electronic communication device
25    while parked on the shoulder of a roadway; or
26        (6) a driver using an electronic communication device



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1    when the vehicle is stopped due to normal traffic being
2    obstructed and the driver has the motor vehicle
3    transmission in neutral or park; .
4        (7) a driver using two-way or citizens band radio
5    services;
6        (8) a driver using two-way mobile radio transmitters or
7    receivers for licensees of the Federal Communications
8    Commission in the amateur radio service;
9        (9) a driver using an electronic communication device
10    by pressing a single button to initiate or terminate a
11    voice communication; or
12        (10) a driver using an electronic communication device
13    capable of performing multiple functions, other than a
14    hand-held wireless telephone or hand-held personal digital
15    assistant (for example, a fleet management system,
16    dispatching device, citizens band radio, or music player)
17    for a purpose that is not otherwise prohibited by this
18    Section.
19(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10;
2097-828, eff. 7-20-12.)