HB0021sam001 94TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 4/13/2005

09400HB0021sam001 LRB094 02432 LCB 44712 a

AMENDMENT TO HOUSE BILL 21

AMENDMENT NO. ______. Amend House Bill 21 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by adding Section 12-610.1 as follows:

(625 ILCS 5/12-610.1 new)

Sec. 12-610.1. Use of mobile telephones.

(a) For purposes of this Section:

"Mobile telephone" means the device used by subscribers and other users of wireless telephone service to access the service.

"Wireless telephone service" means 2-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service.

"Using" means holding a mobile telephone to, or in the immediate proximity of, the user's ear.

"Hand-held mobile telephone" means a mobile telephone with which a user engages in a call using at least one hand.

"Hands-free mobile telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of the telephone.

"Engage in a call" means talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate, or initiate a function of the telephone.

"Immediate proximity" means that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over the mobile telephone, but shall not require physical contact with the operator's ear.

(b) Except as otherwise provided in this Section, no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while the vehicle is in motion. An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call within the meaning of this Section. The presumption established by this subsection (b) is rebuttable by evidence tending to show that the operator was not engaged in a call.

(c) The provisions of this Section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.

(d) Subsection (b) of this Section shall not apply to:

(1) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: (i) an emergency response operator; (ii) a hospital, physician's office, or health clinic; (iii) an ambulance company or corps; (iv) a fire department, district, or company; or (v) a police department;

(2) any of the following persons while in the performance of their official duties: (i) a police officer or peace officer; (ii) a member of a fire department, district, or company; or (iii) the operator of an authorized emergency vehicle; or

(3) the use of a hands-free mobile telephone.

(e) A violation of this Section is a petty offense punishable by a fine of not more than $100.".