Illinois General Assembly - Full Text of SB2632
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Full Text of SB2632  98th General Assembly




State of Illinois
2013 and 2014


Introduced 12/3/2013, by Sen. Ira I. Silverstein


625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. Defines "mobile computing headset". Provides that a person may not operate a motor vehicle while wearing a mobile computing headset. Provides limited exceptions to this prohibition for (1) law enforcement officers or emergency vehicle operators in the performance of their official duties; (2) drivers using a mobile computing headset to communicate with emergency personnel; and (3) drivers that are parked on the shoulder of a roadway.

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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 changing
5Section 12-610.2 as follows:
6    (625 ILCS 5/12-610.2)
7    Sec. 12-610.2. Electronic communication devices; mobile
8computing headsets.
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, or a portable
13or mobile computer, but does not include a mobile computing
14headset or a global positioning system or navigation system or
15a device that is physically or electronically integrated into
16the motor vehicle.
17    "Mobile computing headset" means a computing device with a
18head mounted display that can project visual information into
19the field of vision of the wearer.
20    (b) A person may not operate a motor vehicle on a roadway
21while using an electronic communication device or wearing a
22mobile computing headset.
23    (b-5) A person commits aggravated use of an electronic



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1communication device or mobile computing headset when he or she
2violates subsection (b) and in committing the violation he or
3she was involved in a motor vehicle accident that results in
4great bodily harm, permanent disability, disfigurement, or
5death to another and the violation was a proximate cause of the
6injury or death.
7    (c) A second or subsequent violation of this Section is an
8offense against traffic regulations governing the movement of
9vehicles. A person who violates this Section shall be fined a
10maximum of $75 for a first offense, $100 for a second offense,
11$125 for a third offense, and $150 for a fourth or subsequent
13    (d) This Section does not apply to:
14        (1) a law enforcement officer or operator of an
15    emergency vehicle while performing his or her official
16    duties;
17        (2) a driver using an electronic communication device
18    or mobile computing headset for the sole purpose of
19    reporting an emergency situation and continued
20    communication with emergency personnel during the
21    emergency situation;
22        (3) a driver using an electronic communication device
23    in hands-free or voice-operated mode, which may include the
24    use of a headset;
25        (4) a driver of a commercial motor vehicle reading a
26    message displayed on a permanently installed communication



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1    device designed for a commercial motor vehicle with a
2    screen that does not exceed 10 inches tall by 10 inches
3    wide in size;
4        (5) a driver using an electronic communication device
5    or mobile computing headset while parked on the shoulder of
6    a roadway;
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;
13        (8) a driver using two-way mobile radio transmitters or
14    receivers for licensees of the Federal Communications
15    Commission in the amateur radio service;
16        (9) a driver using an electronic communication device
17    by pressing a single button to initiate or terminate a
18    voice communication; or
19        (10) a driver using an electronic communication device
20    capable of performing multiple functions, other than a
21    hand-held wireless telephone or hand-held personal digital
22    assistant (for example, a fleet management system,
23    dispatching device, citizens band radio, or music player)
24    for a purpose that is not otherwise prohibited by this
25    Section.
26    (e) A person convicted of violating subsection (b-5)



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1commits a Class A misdemeanor if the violation resulted in
2great bodily harm, permanent disability, or disfigurement to
3another. A person convicted of violating subsection (b-5)
4commits a Class 4 felony if the violation resulted in the death
5of another person.
6(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14;
798-507, eff. 1-1-14; revised 9-19-13.)