HB4739 95TH GENERAL ASSEMBLY

LRB095 15228 DRH 41210 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4739

Introduced , by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

625 ILCS 5/12-610.1
30 ILCS 805/8.32 new

Amends the Illinois Vehicle Code. Provides that a person not otherwise prohibited from driving a vehicle on a roadway while using a wireless telephone may do so only if that wireless telephone is specifically designed and configured to allow hands-free operation, and is used in that manner while driving. Provides that any person who violates the provision regarding wireless telephone use shall be fined $250. Amends the State Mandates Act to require implementation without reimbursement by the State.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 12-610.1 as follows:

(625 ILCS 5/12-610.1)

Sec. 12-610.1. Wireless telephones.

(a) As used in this Section, "wireless telephone" or "wireless phone" 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 any 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 not subject to subsection (b) of this Section may not drive a vehicle on a roadway while using a wireless telephone unless that wireless telephone is specifically designed and configured to allow hands-free operation, and is used in that manner while driving.

(f) A person who violates this Section shall be fined $250.

(Source: P.A. 94-240, eff. 7-15-05; 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; revised 11-19-07.)

Section 90. The State Mandates Act is amended by adding Section 8.32 as follows:

(30 ILCS 805/8.32 new)

Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.