Illinois General Assembly - Full Text of HB5761
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Full Text of HB5761  96th General Assembly




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1     AN ACT concerning transportation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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 wireless telephone,
11 personal digital assistant, or a portable or mobile computer
12 while being used for the purpose of composing, reading, or
13 sending an electronic message, but does not include a global
14 positioning system or navigation system or a device that is
15 physically or electronically integrated into the motor
16 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, or a command or request to access
22 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 violation of this Section is an offense against
4 traffic regulations governing the movement of vehicles.
5     (d) This Section does not apply to:
6         (1) a law enforcement officer or operator of an
7     emergency vehicle while performing his or her official
8     duties;
9         (2) a driver using an electronic communication device
10     for the sole purpose of reporting an emergency situation
11     and continued communication with emergency personnel
12     during the emergency situation;
13         (3) a driver using an electronic communication device
14     in hands-free or voice-activated mode; or
15         (4) a driver of a commercial motor vehicle reading a
16     message displayed on a permanently installed communication
17     device designed for a commercial motor vehicle with a
18     screen that does not exceed 10 inches tall by 10 inches
19     wide in size;
20         (5) a driver using an electronic communication device
21     while parked on the shoulder of a roadway; or
22         (6) a driver using an electronic communication device
23     when the vehicle is stopped due to normal traffic being
24     obstructed and the driver has the motor vehicle
25     transmission in neutral or park; or .
26         (7) a driver using amateur radio receiving and



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1     transmitting equipment while in possession of a current and
2     valid amateur radio license issued by the Federal
3     Communications Commission.
4 (Source: P.A. 96-130, eff. 1-1-10; revised 11-4-09.)