|
Rep. John D'Amico
Filed: 2/15/2012
| | 09700HB3972ham003 | | LRB097 15981 HEP 65705 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 3972
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 3972, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
|
| 5 | | "Section 5. The Illinois Vehicle Code is amended by |
| 6 | | changing Section 12-610.2 as follows:
|
| 7 | | (625 ILCS 5/12-610.2) |
| 8 | | Sec. 12-610.2. Electronic communication devices. |
| 9 | | (a) As used in this Section, Section: "Electronic |
| 10 | | communication device" means an electronic device, including |
| 11 | | but not limited to a hand-held wireless telephone, hand-held |
| 12 | | personal digital assistant, or a portable or mobile computer |
| 13 | | while being used for the purpose of composing, reading, or |
| 14 | | sending an electronic message, but does not include a global |
| 15 | | positioning system or navigation system or a device that is |
| 16 | | physically or electronically integrated into the motor |
|
| | 09700HB3972ham003 | - 2 - | LRB097 15981 HEP 65705 a |
|
|
| 1 | | vehicle. |
| 2 | | "Electronic message" means a self-contained piece of |
| 3 | | digital communication that is designed or intended to be |
| 4 | | transmitted between physical devices. "Electronic message" |
| 5 | | includes, but is not limited to electronic mail, a text |
| 6 | | message, an instant message, or a command or request to access |
| 7 | | an Internet site. |
| 8 | | (b) A person may not operate a motor vehicle on a roadway |
| 9 | | while using an electronic communication device to compose, |
| 10 | | send, or read an electronic message. |
| 11 | | (c) A violation of this Section is an offense against |
| 12 | | traffic regulations governing the movement of vehicles. A |
| 13 | | person who violates this Section shall be fined a maximum of |
| 14 | | $75 for a first offense, $100 for a second offense, $125 for a |
| 15 | | third offense, and $150 for a fourth or subsequent offense. |
| 16 | | (d) This Section does not apply to: |
| 17 | | (1) a law enforcement officer or operator of an |
| 18 | | emergency vehicle while performing his or her official |
| 19 | | duties; |
| 20 | | (2) a driver using an electronic communication device |
| 21 | | for the sole purpose of reporting an emergency situation |
| 22 | | and continued communication with emergency personnel |
| 23 | | during the emergency situation; |
| 24 | | (3) a driver using an electronic communication device |
| 25 | | in hands-free or voice-operated voice-activated mode, |
| 26 | | which may include the use of a headset; |
|
| | 09700HB3972ham003 | - 3 - | LRB097 15981 HEP 65705 a |
|
|
| 1 | | (4) a driver of a commercial motor vehicle reading a |
| 2 | | message displayed on a permanently installed communication |
| 3 | | device designed for a commercial motor vehicle with a |
| 4 | | screen that does not exceed 10 inches tall by 10 inches |
| 5 | | wide in size; |
| 6 | | (5) a driver using an electronic communication device |
| 7 | | while parked on the shoulder of a roadway; or |
| 8 | | (6) a driver using an electronic communication device |
| 9 | | when the vehicle is stopped due to normal traffic being |
| 10 | | obstructed and the driver has the motor vehicle |
| 11 | | transmission in neutral or park; .
|
| 12 | | (7) a driver using two-way or citizens band radio |
| 13 | | services; |
| 14 | | (8) a driver using two-way mobile radio transmitters or |
| 15 | | receivers for licensees of the Federal Communications |
| 16 | | Commission in the amateur radio service; |
| 17 | | (9) a driver using an electronic communication device |
| 18 | | by pressing a single button to initiate or terminate a |
| 19 | | voice communication; or |
| 20 | | (10) a driver using an electronic communication device |
| 21 | | capable of performing multiple functions, other than a |
| 22 | | hand-held wireless telephone or hand-held personal digital |
| 23 | | assistant (for example, a fleet management system, |
| 24 | | dispatching device, citizens band radio, or music player) |
| 25 | | for a purpose that is not otherwise prohibited by this |
| 26 | | Section. |