Illinois General Assembly - Full Text of HB3972
Illinois General Assembly

Previous General Assemblies

Full Text of HB3972  97th General Assembly




HB3972 EngrossedLRB097 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 hand-held wireless telephone, hand-held
11personal digital assistant, or a portable or mobile computer
12while being used for the purpose of composing, reading, or
13sending an electronic message, but does not include a global
14positioning system or navigation system or a device that is
15physically or electronically integrated into the motor
17    "Electronic message" means a self-contained piece of
18digital communication that is designed or intended to be
19transmitted between physical devices. "Electronic message"
20includes, but is not limited to electronic mail, a text
21message, an instant message, or a command or request to access
22an Internet site.
23    (b) A person may not operate a motor vehicle on a roadway



HB3972 Engrossed- 2 -LRB097 15981 HEP 61132 b

1while using an electronic communication device to compose,
2send, or read an electronic message.
3    (c) A violation of this Section is an offense against
4traffic regulations governing the movement of vehicles. A
5person who violates this Section shall be fined a maximum of
6$75 for a first offense, $100 for a second offense, $125 for a
7third offense, and $150 for a fourth or subsequent offense.
8    (d) This Section does not apply to:
9        (1) a law enforcement officer or operator of an
10    emergency vehicle while performing his or her official
11    duties;
12        (2) a driver using an electronic communication device
13    for the sole purpose of reporting an emergency situation
14    and continued communication with emergency personnel
15    during the emergency situation;
16        (3) a driver using an electronic communication device
17    in hands-free or voice-operated voice-activated mode,
18    which may include the use of a headset;
19        (4) a driver of a commercial motor vehicle reading a
20    message displayed on a permanently installed communication
21    device designed for a commercial motor vehicle with a
22    screen that does not exceed 10 inches tall by 10 inches
23    wide in size;
24        (5) a driver using an electronic communication device
25    while parked on the shoulder of a roadway; or
26        (6) a driver using an electronic communication device



HB3972 Engrossed- 3 -LRB097 15981 HEP 61132 b

1    when the vehicle is stopped due to normal traffic being
2    obstructed and the driver has the motor vehicle
3    transmission in neutral or park; .
4        (7) a driver using two-way or citizens band radio
5    services;
6        (8) a driver using two-way mobile radio transmitters or
7    receivers for licensees of the Federal Communications
8    Commission in the amateur radio service;
9        (9) a driver using an electronic communication device
10    by pressing a single button to initiate or terminate a
11    voice communication; or
12        (10) a driver using an electronic communication device
13    capable of performing multiple functions, other than a
14    hand-held wireless telephone or hand-held personal digital
15    assistant (for example, a fleet management system,
16    dispatching device, citizens band radio, or music player)
17    for a purpose that is not otherwise prohibited by this
18    Section.
19(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)