Full Text of HB2386 101st General Assembly
HB2386 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2386 Introduced , by Rep. Norine K. Hammond SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that any person who commits a violation of the Section prohibiting the operation of an electronic communication device while operating a motor vehicle, and the violation results in an accident causing great bodily harm to any person, shall have his or her driver's license suspended for a period of one year and shall be assessed a fine of $1,000. Effective immediately.
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| | A BILL FOR |
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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 | | (Text of Section before amendment by P.A. 100-858 ) | 8 | | Sec. 12-610.2. Electronic communication devices. | 9 | | (a) As used in this Section: | 10 | | "Electronic communication device" means an electronic | 11 | | device, including , but not limited to , a hand-held wireless | 12 | | telephone, hand-held personal digital assistant, or a portable | 13 | | or mobile computer, but does not include a global positioning | 14 | | system or navigation system or a device that is physically or | 15 | | electronically integrated into the motor vehicle. | 16 | | (b) A person may not operate a motor vehicle on a roadway | 17 | | while using an electronic communication device. | 18 | | (b-5) A person commits aggravated use of an electronic | 19 | | communication device when he or she violates subsection (b) and | 20 | | in committing the violation he or she is was involved in a | 21 | | motor vehicle accident that results in great bodily harm, | 22 | | permanent disability, disfigurement, or death to another and | 23 | | the violation is was a proximate cause of the injury or death. |
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| 1 | | (c) A second or subsequent violation of this Section is an | 2 | | offense against traffic regulations governing the movement of | 3 | | vehicles. A person who violates this Section shall be fined a | 4 | | maximum of $75 for a first offense, $100 for a second offense, | 5 | | $125 for a third offense, and $150 for a fourth or subsequent | 6 | | offense , except that a person who violates subsection (b-5) | 7 | | shall have his or her driver's license suspended for a period | 8 | | of one year and shall be assessed a fine of $1,000 . | 9 | | (d) This Section does not apply to: | 10 | | (1) a law enforcement officer or operator of an | 11 | | emergency vehicle while performing his or her official | 12 | | duties; | 13 | | (1.5) a first responder, including a volunteer first | 14 | | responder responders , while operating his or her own | 15 | | personal motor vehicle using an electronic communication | 16 | | device for the sole purpose of receiving information about | 17 | | an emergency situation while en route to performing his or | 18 | | her official duties; | 19 | | (2) a driver using an electronic communication device | 20 | | for the sole purpose of reporting an emergency situation | 21 | | and continued communication with emergency personnel | 22 | | during the emergency situation; | 23 | | (3) a driver using an electronic communication device | 24 | | in hands-free or voice-operated mode, which may include the | 25 | | use of a headset; | 26 | | (4) a driver of a commercial motor vehicle reading a |
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| 1 | | message displayed on a permanently installed communication | 2 | | device designed for a commercial motor vehicle with a | 3 | | screen that does not exceed 10 inches tall by 10 inches | 4 | | wide in size; | 5 | | (5) a driver using an electronic communication device | 6 | | while parked on the shoulder of 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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| 1 | | commits a Class A misdemeanor if the violation resulted in | 2 | | great bodily harm, permanent disability, or disfigurement to | 3 | | another. A person convicted of violating subsection (b-5) | 4 | | commits a Class 4 felony if the violation resulted in the death | 5 | | of another person. | 6 | | (Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.) | 7 | | (Text of Section after amendment by P.A. 100-858 )
| 8 | | Sec. 12-610.2. Electronic communication devices. | 9 | | (a) As used in this Section: | 10 | | "Electronic communication device" means an electronic | 11 | | device, including , but not limited to , a hand-held wireless | 12 | | telephone, hand-held personal digital assistant, or a portable | 13 | | or mobile computer, but does not include a global positioning | 14 | | system or navigation system or a device that is physically or | 15 | | electronically integrated into the motor vehicle. | 16 | | (b) A person may not operate a motor vehicle on a roadway | 17 | | while using an electronic communication device. | 18 | | (b-5) A person commits aggravated use of an electronic | 19 | | communication device when he or she violates subsection (b) and | 20 | | in committing the violation he or she is was involved in a | 21 | | motor vehicle accident that results in great bodily harm, | 22 | | permanent disability, disfigurement, or death to another and | 23 | | the violation is was a proximate cause of the injury or death. | 24 | | (c) A violation of this Section is an offense against | 25 | | traffic regulations governing the movement of vehicles. A |
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| 1 | | person who violates this Section shall be fined a maximum of | 2 | | $75 for a first offense, $100 for a second offense, $125 for a | 3 | | third offense, and $150 for a fourth or subsequent offense , | 4 | | except that a person who violates subsection (b-5) shall have | 5 | | his or her driver's license suspended for a period of one year | 6 | | and shall be assessed a fine of $1,000 . | 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 | | (1.5) a first responder, including a volunteer first | 12 | | responder responders , while operating his or her own | 13 | | personal motor vehicle using an electronic communication | 14 | | device for the sole purpose of receiving information about | 15 | | an emergency situation while en route to performing his or | 16 | | her official duties; | 17 | | (2) a driver using an electronic communication device | 18 | | for the sole purpose of reporting an emergency situation | 19 | | and continued communication with emergency personnel | 20 | | during the emergency situation; | 21 | | (3) a driver using an electronic communication device | 22 | | in hands-free or voice-operated mode, which may include the | 23 | | use of a headset; | 24 | | (4) a driver of a commercial motor vehicle reading a | 25 | | message displayed on a permanently installed communication | 26 | | device designed for a commercial motor vehicle with a |
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| 1 | | screen that does not exceed 10 inches tall by 10 inches | 2 | | wide in size; | 3 | | (5) a driver using an electronic communication device | 4 | | while parked on the shoulder of a roadway; | 5 | | (6) a driver using an electronic communication device | 6 | | when the vehicle is stopped due to normal traffic being | 7 | | obstructed and the driver has the motor vehicle | 8 | | transmission in neutral or park;
| 9 | | (7) a driver using two-way or citizens band radio | 10 | | services; | 11 | | (8) a driver using two-way mobile radio transmitters or | 12 | | receivers for licensees of the Federal Communications | 13 | | Commission in the amateur radio service; | 14 | | (9) a driver using an electronic communication device | 15 | | by pressing a single button to initiate or terminate a | 16 | | voice communication; or | 17 | | (10) a driver using an electronic communication device | 18 | | capable of performing multiple functions, other than a | 19 | | hand-held wireless telephone or hand-held personal digital | 20 | | assistant (for example, a fleet management system, | 21 | | dispatching device, citizens band radio, or music player) | 22 | | for a purpose that is not otherwise prohibited by this | 23 | | Section. | 24 | | (e) A person convicted of violating subsection (b-5) | 25 | | commits a Class A misdemeanor if the violation resulted in | 26 | | great bodily harm, permanent disability, or disfigurement to |
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| 1 | | another. A person convicted of violating subsection (b-5) | 2 | | commits a Class 4 felony if the violation resulted in the death | 3 | | of another person. | 4 | | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | 5 | | revised 10-15-18.) | 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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