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Public Act 098-0506


 

Public Act 0506 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0506
 
HB1247 EnrolledLRB098 06640 MLW 36683 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
Section 12-610.2 as follows:
 
    (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 hand-held wireless
telephone, hand-held 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 second or subsequent violation of this Section is an
offense against traffic regulations governing the movement of
vehicles. A person who violates this Section shall be fined a
maximum of $75 for a first offense, $100 for a second offense,
$125 for a third offense, and $150 for a fourth or subsequent
offense.
    (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 mode, which may include the
    use of a headset;
        (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; .
        (7) a driver using two-way or citizens band radio
    services;
        (8) a driver using two-way mobile radio transmitters or
    receivers for licensees of the Federal Communications
    Commission in the amateur radio service;
        (9) a driver using an electronic communication device
    by pressing a single button to initiate or terminate a
    voice communication; or
        (10) a driver using an electronic communication device
    capable of performing multiple functions, other than a
    hand-held wireless telephone or hand-held personal digital
    assistant (for example, a fleet management system,
    dispatching device, citizens band radio, or music player)
    for a purpose that is not otherwise prohibited by this
    Section.
(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10;
97-828, eff. 7-20-12.)

Effective Date: 1/1/2014