103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2431

 

Introduced 2/15/2023, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device, including using an electronic communication device to participate in any video conferencing application or to access any social media site. Excludes the exemptions that permit a driver to use an electronic communication device in hands-free or voice-operated mode or by pressing a single button to activate or terminate a voice communication when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site.


LRB103 29905 MXP 56317 b

 

 

A BILL FOR

 

HB2431LRB103 29905 MXP 56317 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
5changing Section 12-610.2 as follows:
 
6    (625 ILCS 5/12-610.2)
7    (Text of Section before amendment by P.A. 102-982)
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, tablet, or a
13portable or mobile computer, but does not include a global
14positioning system or navigation system or a device that is
15physically or electronically integrated into the motor
16vehicle.
17    (b) A person may not operate a motor vehicle on a roadway
18while using an electronic communication device, including
19using an electronic communication device to watch or stream
20video, participate in any video conferencing application,
21including, but not limited to, Zoom, Microsoft Teams, or
22WebEx, or access any social media site, including, but not
23limited to, Facebook, Snapchat, Instagram, or Twitter. The

 

 

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1exemptions in paragraphs (3) and (9) of subsection (d) do not
2apply when a person is using the electronic communication
3device to watch or stream video, participate in any video
4conferencing application, or access any social media site.
5    (b-5) A person commits aggravated use of an electronic
6communication device when he or she violates subsection (b)
7and in committing the violation he or she is involved in a
8motor vehicle accident that results in great bodily harm,
9permanent disability, disfigurement, or death to another and
10the violation is a proximate cause of the injury or death.
11    (c) A violation of this Section is an offense against
12traffic regulations governing the movement of vehicles. A
13person who violates this Section shall be fined a maximum of
14$75 for a first offense, $100 for a second offense, $125 for a
15third offense, and $150 for a fourth or subsequent offense,
16except that a person who violates subsection (b-5) shall be
17assessed a minimum fine of $1,000.
18    (d) This Section does not apply to:
19        (1) a law enforcement officer or operator of an
20    emergency vehicle while performing his or her official
21    duties;
22        (1.5) a first responder, including a volunteer first
23    responder, while operating his or her own personal motor
24    vehicle using an electronic communication device for the
25    sole purpose of receiving information about an emergency
26    situation while en route to performing his or her official

 

 

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

 

 

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1    voice communication; or
2        (10) a driver using an electronic communication device
3    capable of performing multiple functions, other than a
4    hand-held wireless telephone or hand-held personal digital
5    assistant (for example, a fleet management system,
6    dispatching device, citizens band radio, or music player)
7    for a purpose that is not otherwise prohibited by this
8    Section.
9    (e) A person convicted of violating subsection (b-5)
10commits a Class A misdemeanor if the violation resulted in
11great bodily harm, permanent disability, or disfigurement to
12another. A person convicted of violating subsection (b-5)
13commits a Class 4 felony if the violation resulted in the death
14of another person.
15(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
16101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
17    (Text of Section after amendment by P.A. 102-982)
18    Sec. 12-610.2. Electronic communication devices.
19    (a) As used in this Section:
20    "Electronic communication device" means an electronic
21device, including, but not limited to, a hand-held wireless
22telephone, hand-held personal digital assistant, tablet, or a
23portable or mobile computer, but does not include a global
24positioning system or navigation system or a device that is
25physically or electronically integrated into the motor

 

 

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1vehicle.
2    (b) A person may not operate a motor vehicle on a roadway
3while using an electronic communication device, including
4using an electronic communication device to watch or stream
5video, participate in any video conferencing application,
6including, but not limited to, Zoom, Microsoft Teams, or
7WebEx, or access any social media site, including, but not
8limited to, Facebook, Snapchat, Instagram, or Twitter. The
9exemptions in paragraphs (3) and (9) of subsection (d) do not
10apply when a person is using the electronic communication
11device to watch or stream video, participate in any video
12conferencing application, or access any social media site.
13    (b-5) A person commits aggravated use of an electronic
14communication device when he or she violates subsection (b)
15and in committing the violation he or she is involved in a
16motor vehicle crash that results in great bodily harm,
17permanent disability, disfigurement, or death to another and
18the violation is a proximate cause of the injury or death.
19    (c) A violation of this Section is an offense against
20traffic regulations governing the movement of vehicles. A
21person who violates this Section shall be fined a maximum of
22$75 for a first offense, $100 for a second offense, $125 for a
23third offense, and $150 for a fourth or subsequent offense,
24except that a person who violates subsection (b-5) shall be
25assessed a minimum fine of $1,000.
26    (d) This Section does not apply to:

 

 

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1        (1) a law enforcement officer or operator of an
2    emergency vehicle while performing his or her official
3    duties;
4        (1.5) a first responder, including a volunteer first
5    responder, while operating his or her own personal motor
6    vehicle using an electronic communication device for the
7    sole purpose of receiving information about an emergency
8    situation while en route to performing his or her official
9    duties;
10        (2) a driver using an electronic communication device
11    for the sole purpose of reporting an emergency situation
12    and continued communication with emergency personnel
13    during the emergency situation;
14        (3) a driver using an electronic communication device
15    in hands-free or voice-operated mode, which may include
16    the use of a headset;
17        (4) a driver of a commercial motor vehicle reading a
18    message displayed on a permanently installed communication
19    device designed for a commercial motor vehicle with a
20    screen that does not exceed 10 inches tall by 10 inches
21    wide in size;
22        (5) a driver using an electronic communication device
23    while parked on the shoulder of a roadway;
24        (6) a driver using an electronic communication device
25    when the vehicle is stopped due to normal traffic being
26    obstructed and the driver has the motor vehicle

 

 

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1    transmission in neutral or park;
2        (7) a driver using two-way or citizens band radio
3    services;
4        (8) a driver using two-way mobile radio transmitters
5    or receivers for licensees of the Federal Communications
6    Commission in the amateur radio service;
7        (9) a driver using an electronic communication device
8    by pressing a single button to initiate or terminate a
9    voice communication; or
10        (10) a driver using an electronic communication device
11    capable of performing multiple functions, other than a
12    hand-held wireless telephone or hand-held personal digital
13    assistant (for example, a fleet management system,
14    dispatching device, citizens band radio, or music player)
15    for a purpose that is not otherwise prohibited by this
16    Section.
17    (e) A person convicted of violating subsection (b-5)
18commits a Class A misdemeanor if the violation resulted in
19great bodily harm, permanent disability, or disfigurement to
20another. A person convicted of violating subsection (b-5)
21commits a Class 4 felony if the violation resulted in the death
22of another person.
23(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
24101-297, eff. 1-1-20; 102-558, eff. 8-20-21; 102-982, eff.
257-1-23.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.