101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0086

 

Introduced 1/23/2019, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-604.1
625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. In the Section prohibiting the use of video devices, provides that "video device" includes cellular telephones, tablets, laptops, two-way messaging devices, and electronic games, but does not include two-way radios, citizens' band radios, or amateur radio equipment. Provides that "using an electronic communication device" includes: (1) holding a personal electronic device in either hand or both hands; (2) using a hand or finger to compose, send, read, view, access, browse, transmit, save or retrieve email, text messages, instant messages, photographs, or other electronic data; and (3) watching video on a personal electronic device. Provides that "using an electronic communication device" does not include the minimal use of a finger to activate, deactivate, or initiate a function of the device.


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A BILL FOR

 

SB0086LRB101 04623 TAE 49631 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
5Sections 12-604.1 and 12-610.2 as follows:
 
6    (625 ILCS 5/12-604.1)
7    Sec. 12-604.1. Video devices.
8    (a) A person may not operate a motor vehicle if a video
9device, a television receiver, a video monitor, a television or
10video screen, or any other similar means of visually displaying
11a television broadcast or video signal that produces
12entertainment or business applications is operating and is
13located in the motor vehicle at any point forward of the back
14of the driver's seat, or is operating and visible to the driver
15while driving the motor vehicle. As used in this Section,
16"video device" includes cellular telephones, tablets, laptops,
17two-way messaging devices, and electronic games. "Video
18device" does not include two-way radios, citizens' band radios,
19or amateur radio equipment.
20    (a-5) A person commits aggravated use of a video device
21when he or she violates subsection (a) and in committing the
22violation he or she was involved in a motor vehicle accident
23that results in great bodily harm, permanent disability,

 

 

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1disfigurement, or death to another and the violation was a
2proximate cause of the injury or death.
3    (b) This Section does not apply to the following equipment,
4whether or not permanently installed in a vehicle:
5        (1) a vehicle information display;
6        (2) a global positioning display;
7        (3) a mapping or navigation display;
8        (4) a visual display used to enhance or supplement the
9    driver's view forward, behind, or to the sides of a motor
10    vehicle for the purpose of maneuvering the vehicle;
11        (5) television-type receiving equipment used
12    exclusively for safety or traffic engineering studies; or
13        (6) a television receiver, video monitor, television
14    or video screen, or any other similar means of visually
15    displaying a television broadcast or video signal, if that
16    equipment has an interlock device that, when the motor
17    vehicle is driven, disables the equipment for all uses
18    except as a visual display as described in paragraphs (1)
19    through (5) of this subsection (b).
20    (c) This Section does not apply to a mobile, digital
21terminal installed in an authorized emergency vehicle, a motor
22vehicle providing emergency road service or roadside
23assistance, or to motor vehicles utilized for public
24transportation.
25    (d) This Section does not apply to a television receiver,
26video monitor, television or video screen, or any other similar

 

 

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1means of visually displaying a television broadcast or video
2signal if: (i) the equipment is permanently installed in the
3motor vehicle; and (ii) the moving entertainment images that
4the equipment displays are not visible to the driver while the
5motor vehicle is in motion.
6    (d-5) This Section does not apply to a video event
7recorder, as defined in Section 1-218.10 of this Code,
8installed in a contract carrier vehicle.
9    (e) Except as provided in subsection (f) of this Section, a
10person convicted of violating this Section is guilty of a petty
11offense and shall be fined not more than $100 for a first
12offense, not more than $200 for a second offense within one
13year of a previous conviction, and not more than $250 for a
14third or subsequent offense within one year of 2 previous
15convictions.
16    (f) A person convicted of violating subsection (a-5)
17commits a Class A misdemeanor if the violation resulted in
18great bodily harm, permanent disability, or disfigurement to
19another. A person convicted of violating subsection (a-5)
20commits a Class 4 felony if the violation resulted in the death
21of another person.
22(Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17.)
 
23    (625 ILCS 5/12-610.2)
24    (Text of Section before amendment by P.A. 100-858)
25    Sec. 12-610.2. Electronic communication devices.

 

 

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1    (a) As used in this Section:
2    "Electronic communication device" means an electronic
3device, including, but not limited to, a hand-held wireless
4telephone, hand-held personal digital assistant, or a portable
5or mobile computer, but does not include a global positioning
6system or navigation system or a device that is physically or
7electronically integrated into the motor vehicle.
8    (b) A person may not operate a motor vehicle on a roadway
9while using an electronic communication device. In this
10Section, "using an electronic communication device" includes:
11(1) holding a personal electronic device in either hand or both
12hands; (2) using a hand or finger to compose, send, read, view,
13access, browse, transmit, save or retrieve email, text
14messages, instant messages, photographs, or other electronic
15data; and (3) watching video on a personal electronic device.
16"Using an electronic communication device" does not include the
17minimal use of a finger to activate, deactivate, or initiate a
18function of the device.
19    (b-5) A person commits aggravated use of an electronic
20communication device when he or she violates subsection (b) and
21in committing the violation he or she is was involved in a
22motor vehicle accident that results in great bodily harm,
23permanent disability, disfigurement, or death to another and
24the violation is was a proximate cause of the injury or death.
25    (c) A second or subsequent violation of this Section is an
26offense against traffic regulations governing the movement of

 

 

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1vehicles. A person who violates this Section shall be fined a
2maximum of $75 for a first offense, $100 for a second offense,
3$125 for a third offense, and $150 for a fourth or subsequent
4offense.
5    (d) This Section does not apply to:
6        (1) a law enforcement officer or operator of an
7    emergency vehicle while performing his or her official
8    duties;
9        (1.5) a first responder, including a volunteer first
10    responder responders, while operating his or her own
11    personal motor vehicle using an electronic communication
12    device for the sole purpose of receiving information about
13    an emergency situation while en route to performing his or
14    her official duties;
15        (2) a driver using an electronic communication device
16    for the sole purpose of reporting an emergency situation
17    and continued communication with emergency personnel
18    during the emergency situation;
19        (3) a driver using an electronic communication device
20    in hands-free or voice-operated mode, which may include the
21    use of a headset;
22        (4) a driver of a commercial motor vehicle reading a
23    message displayed on a permanently installed communication
24    device designed for a commercial motor vehicle with a
25    screen that does not exceed 10 inches tall by 10 inches
26    wide in size;

 

 

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1        (5) a driver using an electronic communication device
2    while parked on the shoulder of a roadway;
3        (6) a driver using an electronic communication device
4    when the vehicle is stopped due to normal traffic being
5    obstructed and the driver has the motor vehicle
6    transmission in neutral or park;
7        (7) a driver using two-way or citizens band radio
8    services;
9        (8) a driver using two-way mobile radio transmitters or
10    receivers for licensees of the Federal Communications
11    Commission in the amateur radio service;
12        (9) a driver using an electronic communication device
13    by pressing a single button to initiate or terminate a
14    voice communication; or
15        (10) a driver using an electronic communication device
16    capable of performing multiple functions, other than a
17    hand-held wireless telephone or hand-held personal digital
18    assistant (for example, a fleet management system,
19    dispatching device, citizens band radio, or music player)
20    for a purpose that is not otherwise prohibited by this
21    Section.
22    (e) A person convicted of violating subsection (b-5)
23commits a Class A misdemeanor if the violation resulted in
24great bodily harm, permanent disability, or disfigurement to
25another. A person convicted of violating subsection (b-5)
26commits a Class 4 felony if the violation resulted in the death

 

 

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1of another person.
2(Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.)
 
3    (Text of Section after amendment by P.A. 100-858)
4    Sec. 12-610.2. Electronic communication devices.
5    (a) As used in this Section:
6    "Electronic communication device" means an electronic
7device, including, but not limited to, a hand-held wireless
8telephone, hand-held personal digital assistant, or a portable
9or mobile computer, but does not include a global positioning
10system or navigation system or a device that is physically or
11electronically integrated into the motor vehicle.
12    (b) A person may not operate a motor vehicle on a roadway
13while using an electronic communication device. In this
14Section, "using an electronic communication device" includes:
15(1) holding a personal electronic device in either hand or both
16hands; (2) using a hand or finger to compose, send, read, view,
17access, browse, transmit, save or retrieve email, text
18messages, instant messages, photographs, or other electronic
19data; and (3) watching video on a personal electronic device.
20"Using an electronic communication device" does not include the
21minimal use of a finger to activate, deactivate, or initiate a
22function of the device.
23    (b-5) A person commits aggravated use of an electronic
24communication device when he or she violates subsection (b) and
25in committing the violation he or she is was involved in a

 

 

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1motor vehicle accident that results in great bodily harm,
2permanent disability, disfigurement, or death to another and
3the violation is was a proximate cause of the injury or death.
4    (c) A violation of this Section is an offense against
5traffic regulations governing the movement of vehicles. A
6person who violates this Section shall be fined a maximum of
7$75 for a first offense, $100 for a second offense, $125 for a
8third offense, and $150 for a fourth or subsequent offense.
9    (d) This Section does not apply to:
10        (1) a law enforcement officer or operator of an
11    emergency vehicle while performing his or her official
12    duties;
13        (1.5) a first responder, including a volunteer first
14    responder responders, while operating his or her own
15    personal motor vehicle using an electronic communication
16    device for the sole purpose of receiving information about
17    an emergency situation while en route to performing his or
18    her official duties;
19        (2) a driver using an electronic communication device
20    for the sole purpose of reporting an emergency situation
21    and continued communication with emergency personnel
22    during the emergency situation;
23        (3) a driver using an electronic communication device
24    in hands-free or voice-operated mode, which may include the
25    use of a headset;
26        (4) a driver of a commercial motor vehicle reading a

 

 

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1    message displayed on a permanently installed communication
2    device designed for a commercial motor vehicle with a
3    screen that does not exceed 10 inches tall by 10 inches
4    wide in size;
5        (5) a driver using an electronic communication device
6    while parked on the shoulder of a roadway;
7        (6) a driver using an electronic communication device
8    when the vehicle is stopped due to normal traffic being
9    obstructed and the driver has the motor vehicle
10    transmission in neutral or park;
11        (7) a driver using two-way or citizens band radio
12    services;
13        (8) a driver using two-way mobile radio transmitters or
14    receivers for licensees of the Federal Communications
15    Commission in the amateur radio service;
16        (9) a driver using an electronic communication device
17    by pressing a single button to initiate or terminate a
18    voice communication; or
19        (10) a driver using an electronic communication device
20    capable of performing multiple functions, other than a
21    hand-held wireless telephone or hand-held personal digital
22    assistant (for example, a fleet management system,
23    dispatching device, citizens band radio, or music player)
24    for a purpose that is not otherwise prohibited by this
25    Section.
26    (e) A person convicted of violating subsection (b-5)

 

 

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1commits a Class A misdemeanor if the violation resulted in
2great bodily harm, permanent disability, or disfigurement to
3another. A person convicted of violating subsection (b-5)
4commits a Class 4 felony if the violation resulted in the death
5of another person.
6(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
7revised 10-15-18.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.