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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 while being used for the purpose of | ||||||
| 13 | composing, reading, or sending an electronic message, but does | ||||||
| 14 | not include a global positioning system or navigation system or | ||||||
| 15 | a device that is physically or electronically integrated into | ||||||
| 16 | the motor vehicle. | ||||||
| 17 | "Electronic message" means a self-contained piece of | ||||||
| 18 | digital communication that is designed or intended to be | ||||||
| 19 | transmitted between physical devices. "Electronic message" | ||||||
| 20 | includes, but is not limited to electronic mail, a text | ||||||
| 21 | message, an instant message, a digital photograph, a video, or | ||||||
| 22 | a command or request to access an Internet site. | ||||||
| 23 | (b) A person may not operate a motor vehicle on a roadway | ||||||
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| 1 | while using an electronic communication device to compose, | ||||||
| 2 | send, or read an electronic message. | ||||||
| 3 | (c) A second or subsequent violation of this Section is an | ||||||
| 4 | offense against traffic regulations governing the movement of | ||||||
| 5 | vehicles. A person who violates this Section shall be fined a | ||||||
| 6 | maximum of $75 for a first offense, $100 for a second offense, | ||||||
| 7 | $125 for a third offense, and $150 for a fourth or subsequent | ||||||
| 8 | offense. | ||||||
| 9 | (d) This Section does not apply to: | ||||||
| 10 | (1) a law enforcement officer or operator of an | ||||||
| 11 | emergency vehicle while performing his or her official | ||||||
| 12 | duties; | ||||||
| 13 | (2) a driver using an electronic communication device | ||||||
| 14 | for the sole purpose of reporting an emergency situation | ||||||
| 15 | and continued communication with emergency personnel | ||||||
| 16 | during the emergency situation; | ||||||
| 17 | (3) a driver using an electronic communication device | ||||||
| 18 | in hands-free or voice-operated mode, which may include the | ||||||
| 19 | use of a headset; | ||||||
| 20 | (4) a driver of a commercial motor vehicle reading a | ||||||
| 21 | message displayed on a permanently installed communication | ||||||
| 22 | device designed for a commercial motor vehicle with a | ||||||
| 23 | screen that does not exceed 10 inches tall by 10 inches | ||||||
| 24 | wide in size; | ||||||
| 25 | (5) a driver using an electronic communication device | ||||||
| 26 | while parked on the shoulder of a roadway; or | ||||||
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| 1 | (6) a driver using an electronic communication device | ||||||
| 2 | when the vehicle is stopped due to normal traffic being | ||||||
| 3 | obstructed and the driver has the motor vehicle | ||||||
| 4 | transmission in neutral or park; .
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| 5 | (7) a driver using two-way or citizens band radio | ||||||
| 6 | services; | ||||||
| 7 | (8) a driver using two-way mobile radio transmitters or | ||||||
| 8 | receivers for licensees of the Federal Communications | ||||||
| 9 | Commission in the amateur radio service; | ||||||
| 10 | (9) a driver using an electronic communication device | ||||||
| 11 | by pressing a single button to initiate or terminate a | ||||||
| 12 | voice communication; or | ||||||
| 13 | (10) a driver using an electronic communication device | ||||||
| 14 | capable of performing multiple functions, other than a | ||||||
| 15 | hand-held wireless telephone or hand-held personal digital | ||||||
| 16 | assistant (for example, a fleet management system, | ||||||
| 17 | dispatching device, citizens band radio, or music player) | ||||||
| 18 | for a purpose that is not otherwise prohibited by this | ||||||
| 19 | Section. | ||||||
| 20 | (Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
| 21 | 97-828, eff. 7-20-12.)
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