Rep. John D'Amico

Filed: 2/3/2012





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2    AMENDMENT NO. ______. Amend House Bill 3972 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    Sec. 12-610.2. Electronic communication devices.
8    (a) As used in this Section, Section: "Electronic
9communication device" means an electronic device, including
10but not limited to a hand-held wireless telephone, hand-held
11personal digital assistant, or a portable or mobile computer
12while being used for the purpose of composing, reading, or
13sending an electronic message, but does not include a global
14positioning system or navigation system or a device that is
15physically or electronically integrated into the motor



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1    "Electronic message" means a self-contained piece of
2digital communication that is designed or intended to be
3transmitted between physical devices. "Electronic message"
4includes, but is not limited to electronic mail, a text
5message, an instant message, or a command or request to access
6an Internet site.
7    (b) A person may not operate a motor vehicle on a roadway
8while using an electronic communication device to compose,
9send, or read an electronic message.
10    (c) A violation of this Section is an offense against
11traffic regulations governing the movement of vehicles. A
12person who violates this Section shall be fined a maximum of
13$75 for a first offense, $100 for a second offense, $125 for a
14third offense, and $150 for a fourth or subsequent offense.
15    (d) This Section does not apply to:
16        (1) a law enforcement officer or operator of an
17    emergency vehicle while performing his or her official
18    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 voice-activated mode,
25    which may include the 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; or
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 or two-way mobile radio transmitter or receivers
13    for licensees of the Federal Communications Commission in
14    the amateur radio service;
15        (8) a driver using an electronic communication device
16    by pressing a single button to initiate or terminate a
17    voice communication; or
18        (9) a driver using an electronic communication device
19    capable of performing multiple functions (for example, a
20    fleet management system, dispatching device, smart phone,
21    citizens band radio, or music player) for a purpose that is
22    not otherwise prohibited by this Section.
23(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)".