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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 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 | ||||||
| 10 | device, including but not limited to a hand-held wireless | ||||||
| 11 | telephone, hand-held personal digital assistant, or a portable | ||||||
| 12 | or mobile computer, but does not include a global positioning | ||||||
| 13 | system or navigation system or a device that is physically or | ||||||
| 14 | electronically integrated into the motor vehicle. | ||||||
| 15 | (b) A person may not operate a motor vehicle on a roadway | ||||||
| 16 | while using an electronic communication device. | ||||||
| 17 | (b-5) A person commits aggravated use of an electronic | ||||||
| 18 | communication device when he or she violates subsection (b) and | ||||||
| 19 | in committing the violation he or she was involved in a motor | ||||||
| 20 | vehicle accident that results in great bodily harm, permanent | ||||||
| 21 | disability, disfigurement, or death to another and the | ||||||
| 22 | violation was a proximate cause of the injury or death. | ||||||
| 23 | (c) A second or subsequent violation of this Section is an | ||||||
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| 1 | offense against traffic regulations governing the movement of | ||||||
| 2 | vehicles. A person who violates this Section shall be fined a | ||||||
| 3 | maximum of $75 for a first offense, $100 for a second offense, | ||||||
| 4 | $125 for a third offense, and $150 for a fourth or subsequent | ||||||
| 5 | offense. | ||||||
| 6 | (c-5) A person who violates this Section by recording the | ||||||
| 7 | scene of a vehicular accident with an electronic communication | ||||||
| 8 | device while driving a motor vehicle commits an offense against | ||||||
| 9 | traffic regulations governing the movement of vehicles and | ||||||
| 10 | shall 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; | ||||||
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| 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;
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| 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) | ||||||
| 23 | commits a Class A misdemeanor if the violation resulted in | ||||||
| 24 | great bodily harm, permanent disability, or disfigurement to | ||||||
| 25 | another. A person convicted of violating subsection (b-5) | ||||||
| 26 | commits a Class 4 felony if the violation resulted in the death | ||||||
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| 1 | of another person. | ||||||
| 2 | (Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; | ||||||
| 3 | 98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)
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