Full Text of SB0086 101st General Assembly
SB0086ham001 101ST GENERAL ASSEMBLY | Rep. Maurice A. West, II Filed: 5/6/2019
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| 1 | | AMENDMENT TO SENATE BILL 86
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 86 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 |
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| 1 | | while using an electronic communication device. | 2 | | (b-5) A person commits aggravated use of an electronic | 3 | | communication device when he or she violates subsection (b) and | 4 | | in committing the violation he or she is was involved in a | 5 | | motor vehicle accident that results in great bodily harm, | 6 | | permanent disability, disfigurement, or death to another and | 7 | | the violation is was a proximate cause of the injury or death. | 8 | | (c) A second or subsequent violation of this Section is an | 9 | | offense against traffic regulations governing the movement of | 10 | | vehicles. A person who violates this Section shall be fined a | 11 | | maximum of $75 for a first offense, $100 for a second offense, | 12 | | $125 for a third offense, and $150 for a fourth or subsequent | 13 | | offense. | 14 | | (d) This Section does not apply to: | 15 | | (1) a law enforcement officer or operator of an | 16 | | emergency vehicle while performing his or her official | 17 | | duties; | 18 | | (1.5) a first responder, including a volunteer first | 19 | | responder responders , while operating his or her own | 20 | | personal motor vehicle using an electronic communication | 21 | | device for the sole purpose of receiving information about | 22 | | an emergency situation while en route to performing his or | 23 | | her official duties; | 24 | | (2) a driver using an electronic communication device | 25 | | for the sole purpose of reporting an emergency situation | 26 | | and continued communication with emergency personnel |
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| 1 | | during the emergency situation; | 2 | | (3) a driver using an electronic communication device | 3 | | in hands-free or voice-operated mode, which may include the | 4 | | use of a headset; | 5 | | (4) a driver of a commercial motor vehicle reading a | 6 | | message displayed on a permanently installed communication | 7 | | device designed for a commercial motor vehicle with a | 8 | | screen that does not exceed 10 inches tall by 10 inches | 9 | | wide in size; | 10 | | (5) a driver using an electronic communication device | 11 | | while parked on the shoulder of a roadway; | 12 | | (6) a driver using an electronic communication device | 13 | | when the vehicle is stopped due to normal traffic being | 14 | | obstructed and the driver has the motor vehicle | 15 | | transmission in neutral or park;
| 16 | | (7) a driver using two-way or citizens band radio | 17 | | services; | 18 | | (8) a driver using two-way mobile radio transmitters or | 19 | | receivers for licensees of the Federal Communications | 20 | | Commission in the amateur radio service; | 21 | | (9) a driver using an electronic communication device | 22 | | by pressing a single button to initiate or terminate a | 23 | | voice communication; or | 24 | | (10) a driver using an electronic communication device | 25 | | capable of performing multiple functions, other than a | 26 | | hand-held wireless telephone or hand-held personal digital |
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| 1 | | assistant (for example, a fleet management system, | 2 | | dispatching device, citizens band radio, or music player) | 3 | | for a purpose that is not otherwise prohibited by this | 4 | | Section. | 5 | | (e) A person convicted of violating subsection (b-5) | 6 | | commits a Class A misdemeanor if the violation resulted in | 7 | | great bodily harm, permanent disability, or disfigurement to | 8 | | another. A person convicted of violating subsection (b-5) | 9 | | commits a Class 4 felony if the violation resulted in the death | 10 | | of another person. | 11 | | (Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.) | 12 | | (Text of Section after amendment by P.A. 100-858 )
| 13 | | Sec. 12-610.2. Electronic communication devices. | 14 | | (a) As used in this Section: | 15 | | "Electronic communication device" means an electronic | 16 | | device, including , but not limited to , a hand-held wireless | 17 | | telephone, hand-held personal digital assistant, or a portable | 18 | | or mobile computer, but does not include a global positioning | 19 | | system or navigation system or a device that is physically or | 20 | | electronically integrated into the motor vehicle. | 21 | | (b) A person may not operate a motor vehicle on a roadway | 22 | | while using an electronic communication device , including | 23 | | using an electronic communication device to watch or stream | 24 | | video . | 25 | | (b-5) A person commits aggravated use of an electronic |
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| 1 | | communication device when he or she violates subsection (b) and | 2 | | in committing the violation he or she is was involved in a | 3 | | motor vehicle accident that results in great bodily harm, | 4 | | permanent disability, disfigurement, or death to another and | 5 | | the violation is was a proximate cause of the injury or death. | 6 | | (c) A violation of this Section is an offense against | 7 | | traffic regulations governing the movement of vehicles. A | 8 | | person who violates this Section shall be fined a maximum of | 9 | | $75 for a first offense, $100 for a second offense, $125 for a | 10 | | third offense, and $150 for a fourth or subsequent offense. | 11 | | (d) This Section does not apply to: | 12 | | (1) a law enforcement officer or operator of an | 13 | | emergency vehicle while performing his or her official | 14 | | duties; | 15 | | (1.5) a first responder, including a volunteer first | 16 | | responder responders , while operating his or her own | 17 | | personal motor vehicle using an electronic communication | 18 | | device for the sole purpose of receiving information about | 19 | | an emergency situation while en route to performing his or | 20 | | her official duties; | 21 | | (2) a driver using an electronic communication device | 22 | | for the sole purpose of reporting an emergency situation | 23 | | and continued communication with emergency personnel | 24 | | during the emergency situation; | 25 | | (3) a driver using an electronic communication device | 26 | | in hands-free or voice-operated mode, which may include the |
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| 1 | | use of a headset; | 2 | | (4) a driver of a commercial motor vehicle reading a | 3 | | message displayed on a permanently installed communication | 4 | | device designed for a commercial motor vehicle with a | 5 | | screen that does not exceed 10 inches tall by 10 inches | 6 | | wide in size; | 7 | | (5) a driver using an electronic communication device | 8 | | while parked on the shoulder of a roadway; | 9 | | (6) a driver using an electronic communication device | 10 | | when the vehicle is stopped due to normal traffic being | 11 | | obstructed and the driver has the motor vehicle | 12 | | transmission in neutral or park;
| 13 | | (7) a driver using two-way or citizens band radio | 14 | | services; | 15 | | (8) a driver using two-way mobile radio transmitters or | 16 | | receivers for licensees of the Federal Communications | 17 | | Commission in the amateur radio service; | 18 | | (9) a driver using an electronic communication device | 19 | | by pressing a single button to initiate or terminate a | 20 | | voice communication; or | 21 | | (10) a driver using an electronic communication device | 22 | | capable of performing multiple functions, other than a | 23 | | hand-held wireless telephone or hand-held personal digital | 24 | | assistant (for example, a fleet management system, | 25 | | dispatching device, citizens band radio, or music player) | 26 | | for a purpose that is not otherwise prohibited by this |
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| 1 | | Section. | 2 | | (e) A person convicted of violating subsection (b-5) | 3 | | commits a Class A misdemeanor if the violation resulted in | 4 | | great bodily harm, permanent disability, or disfigurement to | 5 | | another. A person convicted of violating subsection (b-5) | 6 | | commits a Class 4 felony if the violation resulted in the death | 7 | | of another person. | 8 | | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | 9 | | revised 10-15-18.)
| 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act.".
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