100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5635
 
Introduced , by Rep. Charles Meier
 
SYNOPSIS AS INTRODUCED:
 

 
625 ILCS 5/12-610.2

     Amends the Illinois Vehicle Code. Provides that any person who records the scene of a vehicular accident with an electronic communication device while driving a motor vehicle commits an offense against traffic regulations governing the movement of vehicles and shall be fined $500.
  


LRB100 18623 LNS 33848 b

 
 
A BILL FOR
 

  
HB5635LRB100 18623 LNS 33848 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:
9    "Electronic communication device" means an electronic 
10device, including but not limited to a hand-held wireless 
11telephone, hand-held personal digital assistant, or a portable 
12or mobile computer, but does not include a global positioning 
13system or navigation system or a device that is physically or 
14electronically integrated into the motor vehicle.
15    (b) A person may not operate a motor vehicle on a roadway 
16while using an electronic communication device.
17    (b-5) A person commits aggravated use of an electronic 
18communication device when he or she violates subsection (b) and 
19in committing the violation he or she was involved in a motor 
20vehicle accident that results in great bodily harm, permanent 
21disability, disfigurement, or death to another and the 
22violation was a proximate cause of the injury or death. 
23    (c) A second or subsequent violation of this Section is an 
 
 
HB5635- 2 -LRB100 18623 LNS 33848 b

1offense against traffic regulations governing the movement of 
2vehicles. A person who violates this Section shall be fined a 
3maximum of $75 for a first offense, $100 for a second offense, 
4$125 for a third offense, and $150 for a fourth or subsequent 
5offense. 
6    (c-5) A person who violates this Section by recording the 
7scene of a vehicular accident with an electronic communication 
8device while driving a motor vehicle commits an offense against 
9traffic regulations governing the movement of vehicles and 
10shall be fined $500. 
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        (2) a driver using an electronic communication device 
16    for the sole purpose of reporting an emergency situation 
17    and continued communication with emergency personnel 
18    during the emergency situation;
19        (3) a driver using an electronic communication device 
20    in hands-free or voice-operated mode, which may include the 
21    use of a headset;
22        (4) a driver of a commercial motor vehicle reading a 
23    message displayed on a permanently installed communication 
24    device designed for a commercial motor vehicle with a 
25    screen that does not exceed 10 inches tall by 10 inches 
26    wide in size; 
 
 
HB5635- 3 -LRB100 18623 LNS 33848 b

1        (5) a driver using an electronic communication device 
2    while parked on the shoulder of a roadway;
3        (6) a driver using an electronic communication device 
4    when the vehicle is stopped due to normal traffic being 
5    obstructed and the driver has the motor vehicle 
6    transmission in neutral or park;

7        (7) a driver using two-way or citizens band radio 
8    services; 
9        (8) a driver using two-way mobile radio transmitters or 
10    receivers for licensees of the Federal Communications 
11    Commission in the amateur radio service; 
12        (9) a driver using an electronic communication device 
13    by pressing a single button to initiate or terminate a 
14    voice communication; or 
15        (10) a driver using an electronic communication device 
16    capable of performing multiple functions, other than a 
17    hand-held wireless telephone or hand-held personal digital 
18    assistant (for example, a fleet management system, 
19    dispatching device, citizens band radio, or music player) 
20    for a purpose that is not otherwise prohibited by this 
21    Section. 
22    (e) A person convicted of violating subsection (b-5) 
23commits a Class A misdemeanor if the violation resulted in 
24great bodily harm, permanent disability, or disfigurement to 
25another. A person convicted of violating subsection (b-5) 
26commits a Class 4 felony if the violation resulted in the death 
 
 
HB5635- 4 -LRB100 18623 LNS 33848 b

1of another person. 
2(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; 
398-507, eff. 1-1-14; 98-756, eff. 7-16-14.)