Full Text of HB3487 99th General Assembly
HB3487 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3487 Introduced , by Rep. Robert F. Martwick SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that a person convicted of aggravated use of an electronic communication device while driving commits a Class 2 felony (rather than a Class 4 felony) if the violation resulted in death of another person. Provides that a person who commits a Class 2 felony under this Section and is sentenced to a term of probation or conditional discharge must serve a minimum term of 480 hours of community service, if available in the jurisdiction, as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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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 | | Section 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: | 9 | | "Electronic communication device" means an electronic | 10 | | device, including but not limited to a hand-held wireless | 11 | | telephone, hand-held personal digital assistant, or a portable | 12 | | or mobile computer, but does not include a global positioning | 13 | | system or navigation system or a device that is physically or | 14 | | electronically integrated into the motor vehicle. | 15 | | (b) A person may not operate a motor vehicle on a roadway | 16 | | while using an electronic communication device. | 17 | | (b-5) A person commits aggravated use of an electronic | 18 | | communication device when he or she violates subsection (b) and | 19 | | in committing the violation he or she was involved in a motor | 20 | | vehicle accident that results in great bodily harm, permanent | 21 | | disability, disfigurement, or death to another and the | 22 | | violation was a proximate cause of the injury or death. | 23 | | (c) A second or subsequent violation of this Section is an |
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| 1 | | offense against traffic regulations governing the movement of | 2 | | vehicles. A person who violates this Section shall be fined a | 3 | | maximum of $75 for a first offense, $100 for a second offense, | 4 | | $125 for a third offense, and $150 for a fourth or subsequent | 5 | | offense. | 6 | | (d) This Section does not apply to: | 7 | | (1) a law enforcement officer or operator of an | 8 | | emergency vehicle while performing his or her official | 9 | | duties; | 10 | | (2) a driver using an electronic communication device | 11 | | for the sole purpose of reporting an emergency situation | 12 | | and continued communication with emergency personnel | 13 | | during the emergency situation; | 14 | | (3) a driver using an electronic communication device | 15 | | in hands-free or voice-operated mode, which may include the | 16 | | use of a headset; | 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; | 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 | | (7) a driver using two-way or citizens band radio | 3 | | services; | 4 | | (8) a driver using two-way mobile radio transmitters or | 5 | | receivers for licensees of the Federal Communications | 6 | | Commission in the amateur radio service; | 7 | | (9) a driver using an electronic communication device | 8 | | by pressing a single button to initiate or terminate a | 9 | | voice communication; or | 10 | | (10) a driver using an electronic communication device | 11 | | capable of performing multiple functions, other than a | 12 | | hand-held wireless telephone or hand-held personal digital | 13 | | assistant (for example, a fleet management system, | 14 | | dispatching device, citizens band radio, or music player) | 15 | | for a purpose that is not otherwise prohibited by this | 16 | | Section. | 17 | | (e) A person convicted of violating subsection (b-5) | 18 | | commits a Class A misdemeanor if the violation resulted in | 19 | | great bodily harm, permanent disability, or disfigurement to | 20 | | another. | 21 | | (f) A person convicted of violating subsection (b-5) | 22 | | commits a Class 2 4 felony if the violation resulted in the | 23 | | death of another person. A person sentenced under this | 24 | | subsection (f) who receives a term of probation or conditional | 25 | | discharge must serve a minimum term of 480 hours of community | 26 | | service, if available in the jurisdiction, as a condition of |
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| 1 | | the probation or conditional discharge in addition to any other | 2 | | criminal or administrative sanction. | 3 | | (Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; | 4 | | 98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)
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