Rep. John D'Amico

Filed: 2/15/2012





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2    AMENDMENT NO. ______. Amend House Bill 3972, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Section 12-610.2 as follows:
7    (625 ILCS 5/12-610.2)
8    Sec. 12-610.2. Electronic communication devices.
9    (a) As used in this Section, Section: "Electronic
10communication device" means an electronic device, including
11but not limited to a hand-held wireless telephone, hand-held
12personal digital assistant, or a portable or mobile computer
13while being used for the purpose of composing, reading, or
14sending an electronic message, but does not include a global
15positioning system or navigation system or a device that is
16physically or electronically integrated into the motor



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2    "Electronic message" means a self-contained piece of
3digital communication that is designed or intended to be
4transmitted between physical devices. "Electronic message"
5includes, but is not limited to electronic mail, a text
6message, an instant message, or a command or request to access
7an Internet site.
8    (b) A person may not operate a motor vehicle on a roadway
9while using an electronic communication device to compose,
10send, or read an electronic message.
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.
16    (d) This Section does not apply to:
17        (1) a law enforcement officer or operator of an
18    emergency vehicle while performing his or her official
19    duties;
20        (2) a driver using an electronic communication device
21    for the sole purpose of reporting an emergency situation
22    and continued communication with emergency personnel
23    during the emergency situation;
24        (3) a driver using an electronic communication device
25    in hands-free or voice-operated voice-activated mode,
26    which may include the use of a headset;



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



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1(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)".