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| Public Act 100-0727 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 12-610.2 as follows: | ||||
(625 ILCS 5/12-610.2) | ||||
Sec. 12-610.2. Electronic communication devices. | ||||
(a) As used in this Section: | ||||
"Electronic communication device" means an electronic | ||||
device, including but not limited to a hand-held wireless | ||||
telephone, hand-held personal digital assistant, or a portable | ||||
or mobile computer, but does not include a global positioning | ||||
system or navigation system or a device that is physically or | ||||
electronically integrated into the motor vehicle. | ||||
(b) A person may not operate a motor vehicle on a roadway | ||||
while using an electronic communication device. | ||||
(b-5) A person commits aggravated use of an electronic | ||||
communication device when he or she violates subsection (b) and | ||||
in committing the violation he or she was involved in a motor | ||||
vehicle accident that results in great bodily harm, permanent | ||||
disability, disfigurement, or death to another and the | ||||
violation was a proximate cause of the injury or death. | ||||
(c) A second or subsequent violation of this Section is an | ||||
offense against traffic regulations governing the movement of | ||
vehicles. A person who violates this Section shall be fined a | ||
maximum of $75 for a first offense, $100 for a second offense, | ||
$125 for a third offense, and $150 for a fourth or subsequent | ||
offense. | ||
(d) This Section does not apply to: | ||
(1) a law enforcement officer or operator of an | ||
emergency vehicle while performing his or her official | ||
duties; | ||
(1.5) a first responder, including volunteer first | ||
responders, while operating his or her own personal motor | ||
vehicle using an electronic communication device for the | ||
sole purpose of receiving information about an emergency | ||
situation while en route to performing his or her official | ||
duties; | ||
(2) a driver using an electronic communication device | ||
for the sole purpose of reporting an emergency situation | ||
and continued communication with emergency personnel | ||
during the emergency situation; | ||
(3) a driver using an electronic communication device | ||
in hands-free or voice-operated mode, which may include the | ||
use of a headset; | ||
(4) a driver of a commercial motor vehicle reading a | ||
message displayed on a permanently installed communication | ||
device designed for a commercial motor vehicle with a | ||
screen that does not exceed 10 inches tall by 10 inches | ||
wide in size; | ||
(5) a driver using an electronic communication device | ||
while parked on the shoulder of a roadway; | ||
(6) a driver using an electronic communication device | ||
when the vehicle is stopped due to normal traffic being | ||
obstructed and the driver has the motor vehicle | ||
transmission in neutral or park;
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(7) a driver using two-way or citizens band radio | ||
services; | ||
(8) a driver using two-way mobile radio transmitters or | ||
receivers for licensees of the Federal Communications | ||
Commission in the amateur radio service; | ||
(9) a driver using an electronic communication device | ||
by pressing a single button to initiate or terminate a | ||
voice communication; or | ||
(10) a driver using an electronic communication device | ||
capable of performing multiple functions, other than a | ||
hand-held wireless telephone or hand-held personal digital | ||
assistant (for example, a fleet management system, | ||
dispatching device, citizens band radio, or music player) | ||
for a purpose that is not otherwise prohibited by this | ||
Section. | ||
(e) A person convicted of violating subsection (b-5) | ||
commits a Class A misdemeanor if the violation resulted in | ||
great bodily harm, permanent disability, or disfigurement to | ||
another. A person convicted of violating subsection (b-5) | ||
commits a Class 4 felony if the violation resulted in the death | ||
of another person. | ||
(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; | ||
98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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