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Sen. John J. Cullerton
Filed: 4/13/2005
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| AMENDMENT TO HOUSE BILL 21
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| AMENDMENT NO. ______. Amend House Bill 21 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by adding |
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| Section 12-610.1 as follows:
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| (625 ILCS 5/12-610.1 new)
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| Sec. 12-610.1. Use of mobile telephones. |
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| (a) For purposes of this Section: |
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| "Mobile telephone" means the device used by |
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| subscribers and other users of wireless telephone service |
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| to access the service. |
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| "Wireless telephone service" means 2-way real time |
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| voice telecommunications service that is interconnected to |
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| a public switched telephone network and is provided by a |
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| commercial mobile radio service. |
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| "Using" means holding a mobile telephone to, or in the |
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| immediate proximity of, the user's ear. |
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| "Hand-held mobile telephone" means a mobile telephone |
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| with which a user engages in a call using at least one |
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| hand. |
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| "Hands-free mobile telephone" means a mobile telephone |
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| that has an internal feature or function, or that is |
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| equipped with an attachment or addition, whether or not |
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| permanently part of such mobile telephone, by which a user |
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| engages in a call without the use of either hand, whether |
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| or not the use of either hand is necessary to activate, |
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| deactivate, or initiate a function of the telephone. |
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| "Engage in a call" means talking into or listening on a |
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| hand-held mobile telephone, but shall not include holding a |
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| mobile telephone to activate, deactivate, or initiate a |
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| function of the telephone. |
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| "Immediate proximity" means that distance as permits |
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| the operator of a mobile telephone to hear |
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| telecommunications transmitted over the mobile telephone, |
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| but shall not require physical contact with the operator's |
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| ear.
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| (b) Except as otherwise provided in this Section, no person |
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| shall operate a motor vehicle upon a public highway while using |
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| a mobile telephone to engage in a call while the vehicle is in |
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| motion.
An operator of a motor vehicle who holds a mobile |
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| telephone to or in the immediate proximity of his or her ear |
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| while the vehicle is in motion is presumed to be engaging in a |
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| call within the meaning of this Section. The presumption |
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| established by this subsection (b) is rebuttable by evidence |
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| tending to show that the operator was not engaged in a call. |
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| (c) The provisions of this Section shall not be construed |
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| as authorizing the seizure or forfeiture of a mobile telephone, |
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| unless otherwise provided by law. |
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| (d) Subsection (b) of this Section shall not apply to: |
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| (1) the use of a mobile telephone for the sole purpose |
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| of communicating with any of the following regarding an |
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| emergency situation: (i) an emergency response operator; |
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| (ii) a hospital, physician's office, or health clinic; |
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| (iii) an ambulance company or corps; (iv) a fire |
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| department, district, or company; or (v) a police |
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| department; |
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| (2) any of the following persons while in the |
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| performance of their official duties: (i) a police officer |