97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3849
 
Introduced 10/19/2011, by Rep. Kelly M. Cassidy
 
SYNOPSIS AS INTRODUCED:
 

 
625 ILCS 5/12-610.2

     Amends the Illinois Vehicle Code. Provides that provisions prohibiting the use of electronic communication devices while driving shall also apply to bicycles. Exempts bicyclists using electronic communication devices in hands-free or voice-activated mode and bicyclists using devices while parked on the shoulder of a roadway. Effective immediately.
  


LRB097 13850 HEP 58412 b

 
 
A BILL FOR
 

  
HB3849LRB097 13850 HEP 58412 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 wireless telephone, 
11personal digital assistant, or a portable or mobile computer 
12while being used for the purpose of composing, reading, or 
13sending an electronic message, but does not include a global 
14positioning system or navigation system or a device that is 
15physically or electronically integrated into the motor 
16vehicle.
17    "Electronic message" means a self-contained piece of 
18digital communication that is designed or intended to be 
19transmitted between physical devices.  "Electronic message" 
20includes, but is not limited to electronic mail, a text 
21message, an instant message, or a command or request to access 
22an Internet site.
23    (b) A person may not operate a motor vehicle or bicycle on 
 
 
HB3849- 2 -LRB097 13850 HEP 58412 b

1a roadway while using an electronic communication device to 
2compose, send, or read an electronic message.
3    (c) A violation of this Section is an offense against 
4traffic regulations governing the movement of vehicles.
5    (d) This Section does not apply to:
6        (1) a law enforcement officer or  operator of an 
7    emergency vehicle while performing his or her official 
8    duties;
9        (2) a driver using an electronic communication device 
10    for the sole purpose of reporting an emergency situation 
11    and continued communication with emergency personnel 
12    during the emergency situation;
13        (3) a driver or bicyclist using an electronic 
14    communication device in hands-free or voice-activated 
15    mode;
16        (4) a driver of a commercial motor vehicle reading a 
17    message displayed on a permanently installed communication 
18    device designed for a commercial motor vehicle with a 
19    screen that does not exceed 10 inches tall by 10 inches 
20    wide in size; 
21        (5) a driver or bicyclist using an electronic 
22    communication device while parked on the shoulder of a 
23    roadway; or
24        (6) a driver using an electronic communication device 
25    when the vehicle is stopped due to normal traffic being 
26    obstructed and the driver has the motor vehicle 
 
 
HB3849- 3 -LRB097 13850 HEP 58412 b

1    transmission in neutral or park. 

2(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
 
3    Section 99. Effective date. This Act takes effect upon 
4becoming law.