Sen. John J. Cullerton

Filed: 4/13/2005





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2     AMENDMENT NO. ______. Amend House Bill 21 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Vehicle Code is amended by adding
5 Section 12-610.1 as follows:
6     (625 ILCS 5/12-610.1 new)
7     Sec. 12-610.1. Use of mobile telephones.
8     (a) For purposes of this Section:
9         "Mobile telephone" means the device used by
10     subscribers and other users of wireless telephone service
11     to access the service.
12         "Wireless telephone service" means 2-way real time
13     voice telecommunications service that is interconnected to
14     a public switched telephone network and is provided by a
15     commercial mobile radio service.
16         "Using" means holding a mobile telephone to, or in the
17     immediate proximity of, the user's ear.
18         "Hand-held mobile telephone" means a mobile telephone
19     with which a user engages in a call using at least one
20     hand.
21         "Hands-free mobile telephone" means a mobile telephone
22     that has an internal feature or function, or that is
23     equipped with an attachment or addition, whether or not
24     permanently part of such mobile telephone, by which a user



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1     engages in a call without the use of either hand, whether
2     or not the use of either hand is necessary to activate,
3     deactivate, or initiate a function of the telephone.
4         "Engage in a call" means talking into or listening on a
5     hand-held mobile telephone, but shall not include holding a
6     mobile telephone to activate, deactivate, or initiate a
7     function of the telephone.
8         "Immediate proximity" means that distance as permits
9     the operator of a mobile telephone to hear
10     telecommunications transmitted over the mobile telephone,
11     but shall not require physical contact with the operator's
12     ear.
13     (b) Except as otherwise provided in this Section, no person
14 shall operate a motor vehicle upon a public highway while using
15 a mobile telephone to engage in a call while the vehicle is in
16 motion. An operator of a motor vehicle who holds a mobile
17 telephone to or in the immediate proximity of his or her ear
18 while the vehicle is in motion is presumed to be engaging in a
19 call within the meaning of this Section. The presumption
20 established by this subsection (b) is rebuttable by evidence
21 tending to show that the operator was not engaged in a call.
22     (c) The provisions of this Section shall not be construed
23 as authorizing the seizure or forfeiture of a mobile telephone,
24 unless otherwise provided by law.
25     (d) Subsection (b) of this Section shall not apply to:
26         (1) the use of a mobile telephone for the sole purpose
27     of communicating with any of the following regarding an
28     emergency situation: (i) an emergency response operator;
29     (ii) a hospital, physician's office, or health clinic;
30     (iii) an ambulance company or corps; (iv) a fire
31     department, district, or company; or (v) a police
32     department;
33         (2) any of the following persons while in the
34     performance of their official duties: (i) a police officer



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1     or peace officer; (ii) a member of a fire department,
2     district, or company; or (iii) the operator of an
3     authorized emergency vehicle; or
4         (3) the use of a hands-free mobile telephone.
5     (e) A violation of this Section is a petty offense
6 punishable by a fine of not more than $100.".