Illinois General Assembly - Full Text of HB3972
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Full Text of HB3972  97th General Assembly




State of Illinois
2011 and 2012


Introduced 1/10/2012, by Rep. John D'Amico


625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device (rather than only prohibiting the composing, sending, or reading of electronic messages while operating a vehicle) unless the electronic communication device is used in hands-free or voice-activated mode or one of 5 other limited exceptions apply.

LRB097 15981 HEP 61132 b





HB3972LRB097 15981 HEP 61132 b

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.
8    (a) As used in this Section, Section: "Electronic
9communication device" means an electronic device, including
10but not limited to a wireless telephone, personal digital
11assistant, or a portable or mobile computer while being used
12for the purpose of composing, reading, or sending an electronic
13message, but does not include a global positioning system or
14navigation system or a device that is physically or
15electronically integrated into the motor vehicle.
16    "Electronic message" means a self-contained piece of
17digital communication that is designed or intended to be
18transmitted between physical devices. "Electronic message"
19includes, but is not limited to electronic mail, a text
20message, an instant message, or a command or request to access
21an Internet site.
22    (b) A person may not operate a motor vehicle on a roadway
23while using an electronic communication device to compose,



HB3972- 2 -LRB097 15981 HEP 61132 b

1send, or read an electronic message.
2    (c) A violation of this Section is an offense against
3traffic regulations governing the movement of vehicles.
4    (d) This Section does not apply to:
5        (1) a law enforcement officer or operator of an
6    emergency vehicle while performing his or her official
7    duties;
8        (2) a driver using an electronic communication device
9    for the sole purpose of reporting an emergency situation
10    and continued communication with emergency personnel
11    during the emergency situation;
12        (3) a driver using an electronic communication device
13    in hands-free or voice-activated mode;
14        (4) a driver of a commercial motor vehicle reading a
15    message displayed on a permanently installed communication
16    device designed for a commercial motor vehicle with a
17    screen that does not exceed 10 inches tall by 10 inches
18    wide in size;
19        (5) a driver using an electronic communication device
20    while parked on the shoulder of a roadway; or
21        (6) a driver using an electronic communication device
22    when the vehicle is stopped due to normal traffic being
23    obstructed and the driver has the motor vehicle
24    transmission in neutral or park.
25(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)