Full Text of SB3537 97th General Assembly
SB3537 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3537 Introduced 2/8/2012, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-1406.5 new | | 725 ILCS 5/108-1 | from Ch. 38, par. 108-1 |
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Amends the Illinois Vehicle Code. Provides that a person commits distracted driving when he or she violates provisions concerning obedience to traffic-control devices, speed restrictions, or lane usage while engaging in a distracting activity. Provides that the term "distracting activity" includes but is not limited to eating, applying cosmetics, and using a wireless telephone or other electronic communication device. Provides that a person who violates the new provisions is guilty of an offense against the regulations governing the movement of vehicles. Provides that a law enforcement officer may not stop, search, or inspect a motor vehicle,
its contents, the driver, or a passenger solely because of a violation or suspected violation of
the new provisions. Makes a corresponding change in the Code of Criminal Procedure of 1963.
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| | A BILL FOR |
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| | | SB3537 | | LRB097 19954 HEP 65249 b |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by adding | 5 | | Section 11-1406.5 as follows: | 6 | | (625 ILCS 5/11-1406.5 new) | 7 | | Sec. 11-1406.5. Distracted driving. | 8 | | (a) A person commits distracted driving when he or she | 9 | | violates Section 11-305, 11-601, or 11-709 of this Code while | 10 | | engaging in a distracting activity. As used in this Section, | 11 | | the term "distracting activity" is an activity which impairs a | 12 | | person's ability to safely operate a motor vehicle and | 13 | | includes, but is not limited to the following activities: | 14 | | (i) eating; | 15 | | (ii) applying cosmetics; | 16 | | (iii) using a wireless telephone as defined by Section | 17 | | 12-610.1 of this Code; and | 18 | | (iii) using an electronic communication device as | 19 | | defined by Section 12-610.2 of this Code. | 20 | | (b) A person found guilty of violating this Section is | 21 | | guilty of an offense against the regulations governing the | 22 | | movement of vehicles. | 23 | | (c) A law enforcement officer may not stop, search, or |
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| 1 | | inspect a motor vehicle,
its contents, the driver, or a | 2 | | passenger solely because of a violation or suspected violation | 3 | | of
this Section.
| 4 | | Section 10. The Code of Criminal Procedure of 1963 is
| 5 | | amended by changing Section 108-1 as follows:
| 6 | | (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
| 7 | | Sec. 108-1. Search without warrant.
| 8 | | (1) When a lawful arrest is effected a peace officer may | 9 | | reasonably search
the person arrested and the area
within such | 10 | | person's immediate presence for the purpose of:
| 11 | | (a) protecting the officer from attack; or
| 12 | | (b) preventing the person from escaping; or
| 13 | | (c) discovering the fruits of the crime; or
| 14 | | (d) discovering any instruments, articles, or things | 15 | | which may have been
used in the commission of, or which may | 16 | | constitute evidence of, an offense.
| 17 | | (2) (Blank).
| 18 | | (3) A law enforcement officer may not search or inspect a | 19 | | motor vehicle,
its contents, the driver, or a passenger solely | 20 | | because of a violation of
Section 12-603.1 of the Illinois | 21 | | Vehicle Code.
| 22 | | (4) A law enforcement officer may not stop, search, or | 23 | | inspect a motor vehicle,
its contents, the driver, or a | 24 | | passenger solely because of a violation or suspected violation |
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| 1 | | of
Section 11-1406.5 of the Illinois Vehicle Code. | 2 | | (Source: P.A. 93-99, eff. 7-3-03.)
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