Full Text of HB5099 97th General Assembly
HB5099enr 97TH GENERAL ASSEMBLY |
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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 changing | 5 | | Sections 12-610.1 and 12-610.2 as follows: | 6 | | (625 ILCS 5/12-610.1) | 7 | | Sec. 12-610.1. Wireless telephones. | 8 | | (a) As used in this Section, "wireless telephone" means
a | 9 | | device that is capable of transmitting or receiving
telephonic | 10 | | communications without a wire connecting the
device to the | 11 | | telephone network. | 12 | | (b) A person under the age of 19 years who holds an | 13 | | instruction permit issued under Section 6-105 or 6-107.1, or a | 14 | | person under the age of 19 years who holds a graduated license | 15 | | issued under Section 6-107, may not drive a vehicle on a | 16 | | roadway while using a wireless phone.
| 17 | | (c) This Section does not apply to a person under the age | 18 | | of 19 years using a
wireless telephone for emergency purposes, | 19 | | including, but not
limited to, an emergency call to a law | 20 | | enforcement agency,
health care provider, fire department, or | 21 | | other emergency
services agency or entity.
| 22 | | (d) If a graduated driver's license holder over the age of | 23 | | 18 committed an offense against traffic regulations governing |
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| 1 | | the movement of vehicles or any violation of Section 6-107 or | 2 | | Section 12-603.1 of this Code in the 6 months prior to the | 3 | | graduated driver's license holder's 18th birthday, and was | 4 | | subsequently convicted of the violation, the provisions of | 5 | | paragraph (b) shall continue to apply until such time as a | 6 | | period of 6 consecutive months has elapsed without an | 7 | | additional violation and subsequent conviction of an offense | 8 | | against traffic regulations governing the movement of vehicles | 9 | | or any violation of Section 6-107 or Section 12-603.1 of this | 10 | | Code.
| 11 | | (e) A person, regardless of age, may not use a wireless
| 12 | | telephone at any time while operating a motor vehicle on a | 13 | | roadway in a school speed
zone established under Section | 14 | | 11-605, or on a highway in a construction or
maintenance speed | 15 | | zone established under Section 11-605.1 , or within 500 feet of | 16 | | an emergency scene. As used in this Section, "emergency scene" | 17 | | means a location where an authorized emergency vehicle as | 18 | | defined by Section 1-105 of this Code is
present and has | 19 | | activated its oscillating, rotating, or flashing lights .
This | 20 | | subsection (e) does not apply to (i) a person engaged in a
| 21 | | highway construction or maintenance project for which a
| 22 | | construction or maintenance speed zone has been established
| 23 | | under Section 11-605.1, (ii) a person using a wireless
| 24 | | telephone for emergency purposes, including, but not limited | 25 | | to,
law enforcement agency, health care provider, fire | 26 | | department, or other emergency services agency or entity, (iii) |
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| 1 | | a law enforcement officer or operator of an emergency vehicle | 2 | | when performing the officer's or operator's official duties, or | 3 | | (iv) to a person using a wireless telephone in voice-operated | 4 | | voice-activated mode , or (v) a person using an electronic | 5 | | communication device for the sole purpose of reporting an | 6 | | emergency situation and continued communication with emergency | 7 | | personnel during the emergency situation . | 8 | | (Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876, | 9 | | eff. 8-21-08; 96-131, eff. 1-1-10.) | 10 | | (625 ILCS 5/12-610.2) | 11 | | Sec. 12-610.2. Electronic communication devices. | 12 | | (a) As used in this Section: | 13 | | "Electronic communication device" means an electronic | 14 | | device, including but not limited to a wireless telephone, | 15 | | personal digital assistant, or a portable or mobile computer | 16 | | while being used for the purpose of composing, reading, or | 17 | | sending an electronic message, but does not include a global | 18 | | positioning system or navigation system or a device that is | 19 | | physically or electronically integrated into the motor | 20 | | vehicle. | 21 | | "Electronic message" means a self-contained piece of | 22 | | digital communication that is designed or intended to be | 23 | | transmitted between physical devices. "Electronic message" | 24 | | includes, but is not limited to electronic mail, a text | 25 | | message, an instant message, a digital photograph, a video, or |
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| 1 | | a command or request to access an Internet site. | 2 | | (b) A person may not operate a motor vehicle on a roadway | 3 | | while using an electronic communication device to compose, | 4 | | send, or read an electronic message. | 5 | | (c) A violation of this Section is an offense against | 6 | | traffic regulations governing the movement of vehicles. | 7 | | (d) This Section does not apply to: | 8 | | (1) a law enforcement officer or operator of an | 9 | | emergency vehicle while performing his or her official | 10 | | duties; | 11 | | (2) a driver using an electronic communication device | 12 | | for the sole purpose of reporting an emergency situation | 13 | | and continued communication with emergency personnel | 14 | | during the emergency situation; | 15 | | (3) a driver using an electronic communication device | 16 | | in hands-free or voice-operated voice-activated mode; | 17 | | (4) a driver of a commercial motor vehicle reading a | 18 | | message displayed on a permanently installed communication | 19 | | device designed for a commercial motor vehicle with a | 20 | | screen that does not exceed 10 inches tall by 10 inches | 21 | | wide in size; | 22 | | (5) a driver using an electronic communication device | 23 | | while parked on the shoulder of a roadway; or | 24 | | (6) a driver using an electronic communication device | 25 | | when the vehicle is stopped due to normal traffic being | 26 | | obstructed and the driver has the motor vehicle |
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| 1 | | transmission in neutral or park.
| 2 | | (Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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