SB3537 97TH GENERAL ASSEMBLY

LRB097 19954 HEP 65249 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3537

Introduced 2/8/2012, by Sen. John J. Millner

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1406.5 new
725 ILCS 5/108-1	from Ch. 38, par. 108-1

Amends the Illinois Vehicle Code. Provides that a person commits distracted driving when he or she violates provisions concerning obedience to traffic-control devices, speed restrictions, or lane usage while engaging in a distracting activity. Provides that the term "distracting activity" includes but is not limited to eating, applying cosmetics, and using a wireless telephone or other electronic communication device. Provides that a person who violates the new provisions is guilty of an offense against the regulations governing the movement of vehicles. Provides that a law enforcement officer may not stop, search, or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation or suspected violation of the new provisions. Makes a corresponding change in the Code of Criminal Procedure of 1963.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 11-1406.5 as follows:

(625 ILCS 5/11-1406.5 new)

Sec. 11-1406.5. Distracted driving.

(a) A person commits distracted driving when he or she violates Section 11-305, 11-601, or 11-709 of this Code while engaging in a distracting activity. As used in this Section, the term "distracting activity" is an activity which impairs a person's ability to safely operate a motor vehicle and includes, but is not limited to the following activities:

(i) eating;

(ii) applying cosmetics;

(iii) using a wireless telephone as defined by Section 12-610.1 of this Code; and

(iii) using an electronic communication device as defined by Section 12-610.2 of this Code.

(b) A person found guilty of violating this Section is guilty of an offense against the regulations governing the movement of vehicles.

(c) A law enforcement officer may not stop, search, or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation or suspected violation of this Section.

Section 10. The Code of Criminal Procedure of 1963 is amended by changing Section 108-1 as follows:

(725 ILCS 5/108-1) (from Ch. 38, par. 108-1)

Sec. 108-1. Search without warrant.

(1) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:

(a) protecting the officer from attack; or

(b) preventing the person from escaping; or

(c) discovering the fruits of the crime; or

(d) discovering any instruments, articles, or things which may have been used in the commission of, or which may constitute evidence of, an offense.

(2) (Blank).

(3) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of Section 12-603.1 of the Illinois Vehicle Code.

(4) A law enforcement officer may not stop, search, or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation or suspected violation of Section 11-1406.5 of the Illinois Vehicle Code.

(Source: P.A. 93-99, eff. 7-3-03.)