93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6636


 
Introduced 02/09/04, by Robert S. Molaro
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/12-610.1 new





30 ILCS 805/8.28 new











    Amends the Illinois Vehicle Code. Makes it a petty offense to
drive a motor vehicle while using a wireless telephone, unless
that telephone is designed and configured to allow hands-free
operation, and is used in that manner while driving. Provides that the
offense is  punishable by a fine of not more than $20 for a first
offense and not more than $50 for each subsequent offense.
Provides that this prohibition does
not apply to a person who is using the wireless telephone to contact a
law enforcement agency or public safety entity for emergency purposes,
as specified. Amends the State Mandates Act to require implementation
without reimbursement by the State.
















LRB093 16096 DRH 41724 b

















 


 


A BILL FOR









 











HB6636

LRB093 16096 DRH 41724 b






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    AN ACT in relation to vehicles. 

 
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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 adding 
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Section 12-610.1 as
follows:


 
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    (625 ILCS 5/12-610.1 new)

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    Sec. 12-610.1. Wireless telephones.

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    (a) The General Assembly finds and declares all of the 
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following:

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        (1) There are significant safety benefits associated

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    with the availability of wireless communication 
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    technologies, including
providing assistance that helps 
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    save lives and minimizes
property damage.

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        (2) On a daily basis, Illinois drivers make thousands 
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    of
wireless telephone emergency 911 calls.

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        (3) The availability of wireless telephones in

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    automobiles allows motorists to report accidents, fires, 
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    naturally
occurring life-threatening situations, other 
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    dangerous road conditions, road
rage, dangerous driving,

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    criminal behavior such as drunk driving, and stranded 
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    motorist
situations.

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        (4) There is growing public concern regarding the 
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    safety
implications of the widespread practice of using 
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    hand-held wireless
telephones while operating motor 
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    vehicles.

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        (5) It is in the best interests of the health and 
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    welfare of the
citizens of the State to enact one, uniform, 
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    automotive wireless
telephone use law that establishes 
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    statewide safety guidelines for
use of wireless telephones 
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    while operating a motor vehicle.

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    (b) As used in this Section, "wireless telephone" means a 
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device that is
capable of transmitting or receiving telephonic 
 


 






HB6636
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LRB093 16096 DRH 41724 b




1
communications without a wire
connecting the device to the 
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telephone network.

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    (c) A person may not drive a motor vehicle while using a

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wireless telephone unless that telephone is specifically 
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designed and
configured to allow hands-free operation, and is 
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used in that manner
while driving.

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    (d) A violation of this Section is a petty offense 
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punishable by a
fine of not more than $20 for a first offense 
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and not
more than $50 for each subsequent offense.

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    (e) This Section does not apply to a person using a 
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wireless
telephone for emergency purposes, including, but not 
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limited to, an
emergency call to a law enforcement agency, 
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health care provider,
fire department, or other emergency 
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services agency or entity.



 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.28 as
follows:


 
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    (30 ILCS 805/8.28 new)

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    Sec. 8.28. Exempt mandate.   Notwithstanding Sections 6 and 
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8 of
this Act, no reimbursement by the State is required for 
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the implementation of
any mandate created by this amendatory 
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Act of the 93rd General Assembly.