Rep. Maurice A. West, II

Filed: 5/6/2019

 

 


 

 


 
10100SB0086ham001LRB101 04623 TAE 60293 a

1
AMENDMENT TO SENATE BILL 86

2    AMENDMENT NO. ______. Amend Senate Bill 86 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 12-610.2 as follows:
 
6    (625 ILCS 5/12-610.2)
7    (Text of Section before amendment by P.A. 100-858)
8    Sec. 12-610.2. Electronic communication devices.
9    (a) As used in this Section:
10    "Electronic communication device" means an electronic
11device, including, but not limited to, a hand-held wireless
12telephone, hand-held personal digital assistant, or a portable
13or mobile computer, but does not include a global positioning
14system or navigation system or a device that is physically or
15electronically integrated into the motor vehicle.
16    (b) A person may not operate a motor vehicle on a roadway

 

 

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

 

 

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1    during the emergency situation;
2        (3) a driver using an electronic communication device
3    in hands-free or voice-operated mode, which may include the
4    use of a headset;
5        (4) a driver of a commercial motor vehicle reading a
6    message displayed on a permanently installed communication
7    device designed for a commercial motor vehicle with a
8    screen that does not exceed 10 inches tall by 10 inches
9    wide in size;
10        (5) a driver using an electronic communication device
11    while parked on the shoulder of a roadway;
12        (6) a driver using an electronic communication device
13    when the vehicle is stopped due to normal traffic being
14    obstructed and the driver has the motor vehicle
15    transmission in neutral or park;
16        (7) a driver using two-way or citizens band radio
17    services;
18        (8) a driver using two-way mobile radio transmitters or
19    receivers for licensees of the Federal Communications
20    Commission in the amateur radio service;
21        (9) a driver using an electronic communication device
22    by pressing a single button to initiate or terminate a
23    voice communication; or
24        (10) a driver using an electronic communication device
25    capable of performing multiple functions, other than a
26    hand-held wireless telephone or hand-held personal digital

 

 

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1    assistant (for example, a fleet management system,
2    dispatching device, citizens band radio, or music player)
3    for a purpose that is not otherwise prohibited by this
4    Section.
5    (e) A person convicted of violating subsection (b-5)
6commits a Class A misdemeanor if the violation resulted in
7great bodily harm, permanent disability, or disfigurement to
8another. A person convicted of violating subsection (b-5)
9commits a Class 4 felony if the violation resulted in the death
10of another person.
11(Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.)
 
12    (Text of Section after amendment by P.A. 100-858)
13    Sec. 12-610.2. Electronic communication devices.
14    (a) As used in this Section:
15    "Electronic communication device" means an electronic
16device, including, but not limited to, a hand-held wireless
17telephone, hand-held personal digital assistant, or a portable
18or mobile computer, but does not include a global positioning
19system or navigation system or a device that is physically or
20electronically integrated into the motor vehicle.
21    (b) A person may not operate a motor vehicle on a roadway
22while using an electronic communication device, including
23using an electronic communication device to watch or stream
24video.
25    (b-5) A person commits aggravated use of an electronic

 

 

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

 

 

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

 

 

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1    Section.
2    (e) A person convicted of violating subsection (b-5)
3commits a Class A misdemeanor if the violation resulted in
4great bodily harm, permanent disability, or disfigurement to
5another. A person convicted of violating subsection (b-5)
6commits a Class 4 felony if the violation resulted in the death
7of another person.
8(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
9revised 10-15-18.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.".