102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3051

 

Introduced 2/19/2021, by Rep. Adam Niemerg

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. In a provision prohibiting the operation of a motor vehicle on a roadway while using an electronic communication device, increases the fines for violation of the provision as follows: from $75 to $120 for a first offense; from $100 to $145 for a second offense; from $125 to $170 for a third offense; and from $150 to $195 for a fourth or subsequent offense.


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A BILL FOR

 

HB3051LRB102 15871 RAM 21240 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
5changing 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
10device, including, but not limited to, a hand-held wireless
11telephone, hand-held personal digital assistant, or a portable
12or mobile computer, but does not include a global positioning
13system or navigation system or a device that is physically or
14electronically integrated into the motor vehicle.
15    (b) A person may not operate a motor vehicle on a roadway
16while using an electronic communication device, including
17using an electronic communication device to watch or stream
18video.
19    (b-5) A person commits aggravated use of an electronic
20communication device when he or she violates subsection (b)
21and in committing the violation he or she is involved in a
22motor vehicle accident that results in great bodily harm,
23permanent disability, disfigurement, or death to another and

 

 

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1the violation is a proximate cause of the injury or death.
2    (c) A violation of this Section is an offense against
3traffic regulations governing the movement of vehicles. A
4person who violates this Section shall be fined a maximum of
5$120 $75 for a first offense, $145 $100 for a second offense,
6$170 $125 for a third offense, and $195 $150 for a fourth or
7subsequent offense, except that a person who violates
8subsection (b-5) shall be assessed a minimum fine of $1,000.
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        (1.5) a first responder, including a volunteer first
14    responder, while operating his or her own personal motor
15    vehicle using an electronic communication device for the
16    sole purpose of receiving information about an emergency
17    situation while en route to performing his or her official
18    duties;
19        (2) a driver using an electronic communication device
20    for the sole purpose of reporting an emergency situation
21    and continued communication with emergency personnel
22    during the emergency situation;
23        (3) a driver using an electronic communication device
24    in hands-free or voice-operated mode, which may include
25    the use of a headset;
26        (4) a driver of a commercial motor vehicle reading a

 

 

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1    message displayed on a permanently installed communication
2    device designed for a commercial motor vehicle with a
3    screen that does not exceed 10 inches tall by 10 inches
4    wide in size;
5        (5) a driver using an electronic communication device
6    while parked on the shoulder of a roadway;
7        (6) a driver using an electronic communication device
8    when the vehicle is stopped due to normal traffic being
9    obstructed and the driver has the motor vehicle
10    transmission in neutral or park;
11        (7) a driver using two-way or citizens band radio
12    services;
13        (8) a driver using two-way mobile radio transmitters
14    or receivers for licensees of the Federal Communications
15    Commission in the amateur radio service;
16        (9) a driver using an electronic communication device
17    by pressing a single button to initiate or terminate a
18    voice communication; or
19        (10) a driver using an electronic communication device
20    capable of performing multiple functions, other than a
21    hand-held wireless telephone or hand-held personal digital
22    assistant (for example, a fleet management system,
23    dispatching device, citizens band radio, or music player)
24    for a purpose that is not otherwise prohibited by this
25    Section.
26    (e) A person convicted of violating subsection (b-5)

 

 

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1commits a Class A misdemeanor if the violation resulted in
2great bodily harm, permanent disability, or disfigurement to
3another. A person convicted of violating subsection (b-5)
4commits a Class 4 felony if the violation resulted in the death
5of another person.
6(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19;
7101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 101-297, eff.
81-1-20; revised 8-4-20.)