Public Act 098-0507
 
HB2585 EnrolledLRB098 08509 MLW 38620 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 12-604.1, 12-610.1, and 12-610.2 as follows:
 
    (625 ILCS 5/12-604.1)
    Sec. 12-604.1. Video devices.
    (a) A person may not operate a motor vehicle if a
television receiver, a video monitor, a television or video
screen, or any other similar means of visually displaying a
television broadcast or video signal that produces
entertainment or business applications is operating and is
located in the motor vehicle at any point forward of the back
of the driver's seat, or is operating and visible to the driver
while driving the motor vehicle.
    (a-5) A person commits aggravated use of a video device
when he or she violates subsection (a) 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.
    (b) This Section does not apply to the following equipment,
whether or not permanently installed in a vehicle:
        (1) a vehicle information display;
        (2) a global positioning display;
        (3) a mapping or navigation display;
        (4) a visual display used to enhance or supplement the
    driver's view forward, behind, or to the sides of a motor
    vehicle for the purpose of maneuvering the vehicle;
        (5) television-type receiving equipment used
    exclusively for safety or traffic engineering studies; or
        (6) a television receiver, video monitor, television
    or video screen, or any other similar means of visually
    displaying a television broadcast or video signal, if that
    equipment has an interlock device that, when the motor
    vehicle is driven, disables the equipment for all uses
    except as a visual display as described in paragraphs (1)
    through (5) of this subsection (b).
    (c) This Section does not apply to a mobile, digital
terminal installed in an authorized emergency vehicle, a motor
vehicle providing emergency road service or roadside
assistance, or to motor vehicles utilized for public
transportation.
    (d) This Section does not apply to a television receiver,
video monitor, television or video screen, or any other similar
means of visually displaying a television broadcast or video
signal if: (i) the equipment is permanently installed in the
motor vehicle; and (ii) the moving entertainment images that
the equipment displays are not visible to the driver while the
motor vehicle is in motion.
    (e) Except as provided in subsection (f) of this Section, a
A person convicted of violating this Section is guilty of a
petty offense and shall be fined not more than $100 for a first
offense, not more than $200 for a second offense within one
year of a previous conviction, and not more than $250 for a
third or subsequent offense within one year of 2 previous
convictions.
    (f) A person convicted of violating subsection (a-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 (a-5)
commits a Class 4 felony if the violation resulted in the death
of another person.
(Source: P.A. 97-499, eff. 1-1-12.)
 
    (625 ILCS 5/12-610.1)
    Sec. 12-610.1. Wireless telephones.
    (a) As used in this Section, "wireless telephone" means a
device that is capable of transmitting or receiving telephonic
communications without a wire connecting the device to the
telephone network.
    (b) A person under the age of 19 years who holds an
instruction permit issued under Section 6-105 or 6-107.1, or a
person under the age of 19 years who holds a graduated license
issued under Section 6-107, may not drive a vehicle on a
roadway while using a wireless phone.
    (b-5) A person under the age of 19 commits aggravated use
of a wireless telephone 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) This Section does not apply to a person under the age
of 19 years using a wireless telephone for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or
other emergency services agency or entity.
    (d) If a graduated driver's license holder over the age of
18 committed an offense against traffic regulations governing
the movement of vehicles or any violation of Section 6-107 or
Section 12-603.1 of this Code in the 6 months prior to the
graduated driver's license holder's 18th birthday, and was
subsequently convicted of the violation, the provisions of
paragraph (b) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of this
Code.
    (e) A person, regardless of age, may not use a wireless
telephone at any time while operating a motor vehicle on a
roadway in a school speed zone established under Section
11-605, on a highway in a construction or maintenance speed
zone established under Section 11-605.1, or within 500 feet of
an emergency scene. As used in this Section, "emergency scene"
means a location where an authorized emergency vehicle as
defined by Section 1-105 of this Code is present and has
activated its oscillating, rotating, or flashing lights. This
subsection (e) does not apply to (i) a person engaged in a
highway construction or maintenance project for which a
construction or maintenance speed zone has been established
under Section 11-605.1, (ii) a person using a wireless
telephone for emergency purposes, including, but not limited
to, law enforcement agency, health care provider, fire
department, or other emergency services agency or entity, (iii)
a law enforcement officer or operator of an emergency vehicle
when performing the officer's or operator's official duties,
(iv) a person using a wireless telephone in voice-operated
mode, which may include the use of a headset, or (v) to a
person using a wireless telephone by pressing a single button
to initiate or terminate a voice communication., or (vi) (v) a
person using an electronic communication device for the sole
purpose of reporting an emergency situation and continued
communication with emergency personnel during the emergency
situation.
    (e-5) A person commits aggravated use of a wireless
telephone when he or she violates subsection (e) 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.
    (f) A person convicted of violating subsection (b-5) or
(e-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) or
(e-5) commits a Class 4 felony if the violation resulted in the
death of another person.
(Source: P.A. 96-131, eff. 1-1-10; 97-828, eff. 7-20-12;
97-830, eff. 1-1-13; revised 8-3-12.)
 
    (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 wireless telephone,
personal digital assistant, or a portable or mobile computer
while being used for the purpose of composing, reading, or
sending an electronic message, but does not include a global
positioning system or navigation system or a device that is
physically or electronically integrated into the motor
vehicle.
    "Electronic message" means a self-contained piece of
digital communication that is designed or intended to be
transmitted between physical devices. "Electronic message"
includes, but is not limited to electronic mail, a text
message, an instant message, a digital photograph, a video, or
a command or request to access an Internet site.
    (b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device to compose,
send, or read an electronic message.
    (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 violation of this Section is an offense against
traffic regulations governing the movement of vehicles.
    (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;
        (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;
        (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; or
        (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.
    (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. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10;
97-828, eff. 7-20-12.)
 
    Section 99. Effective date. This Act takes effect January
1, 2014.