HB5961 99TH GENERAL ASSEMBLY

LRB099 20499 RJF 45022 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5961

Introduced , by Rep. Avery Bourne

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code. Provides that, with exceptions, a person may not use a wireless telephone at any time while operating a motor vehicle on a roadway. Provides that committing the violation of using a wireless telephone while driving is an offense against traffic regulations governing the movement of vehicles, which carries a minimum fine of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. Provides that a person under the age of 19 holding an instruction permit or graduated license commits a petty offense if he or she drives while using a wireless telephone. Provides that a person committing a violation of aggravated use of a wireless telephone while driving commits either a Class A misdemeanor or a Class 4 felony depending on the circumstances. Provides that a violation (rather than a second or subsequent violation) of operating a motor vehicle while using an electronic communication device is an offense against traffic regulations governing the movement of vehicles, for which a person shall be fined a minimum (rather than maximum) of $75 for a first offense. Provides that provisions disallowing use of certain electronic communication devices does not include a driver of a commercial motor vehicle over the age of 19 using the electronic communication device within the permitted scope of employment on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size. Removes the use of certain electronic communication devices allowed while driving. Provides for age distinctions in conjunction with the use of wireless telephones or electronic communication devices. Defines "electronic message". Makes conforming changes.

FISCAL NOTE ACT MAY APPLY

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 changing Sections 12-610, 12-610.1, and 12-610.2 as follows:

(625 ILCS 5/12-610) (from Ch. 95 1/2, par. 12-610)

Sec. 12-610. Headset receivers.

(a) Except as provided under Section 11-1403.3, no driver of a motor vehicle on the highways of this State shall wear headset receivers while driving.

(b) This Section does not prohibit the use of a headset type receiving equipment used exclusively for safety or traffic engineering studies, by law enforcement personnel on duty, or emergency medical services and fire service personnel.

(c) (Blank). This Section does not prohibit the use of any single sided headset type receiving and transmitting equipment designed to be used in or on one ear which is used exclusively for providing two-way radio vocal communications by an individual in possession of a current and valid novice class or higher amateur radio license issued by the Federal Communications Commission and an amateur radio operator special registration plate issued under Section 3-607 of this Code.

(d) This Section does not prohibit the use of a single-sided headset or earpiece with a cellular or other mobile telephone.

(Source: P.A. 92-152, eff. 7-25-01.)

(625 ILCS 5/12-610.1)

Sec. 12-610.1. Wireless telephones.

(a) As used in this Section, "wireless telephone" means a device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.

(b) A person under the age of 19 years who holds an instruction permit issued under Section 6-105 or 6-107.1, or a person under the age of 19 years who holds a graduated license issued under Section 6-107, may not drive a vehicle on a roadway while using a wireless phone.

(b-5) A person under the age of 19 commits aggravated use of a wireless telephone when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

(c) This Section does not apply to a person under the age of 19 years using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(d) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the violation, the provisions of paragraph (b) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code.

(e) A person, regardless of age, may not use a wireless telephone at any time while operating a motor vehicle on a roadway, including, but not limited to, operation of a motor vehicle in a school speed zone established under Section 11-605, on a highway in a construction or maintenance speed zone established under Section 11-605.1, or within 500 feet of an emergency scene. As used in this Section, "emergency scene" means a location where an authorized emergency vehicle as defined by Section 1-105 of this Code is present and has activated its oscillating, rotating, or flashing lights. This subsection (e) does not apply to (i) a person over the age of 19 years engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established under Section 11-605.1, (ii) a person using a wireless telephone for emergency purposes, including, but not limited to, law enforcement agency, health care provider, fire department, or other emergency services agency or entity, (iii) a law enforcement officer or operator of an emergency vehicle over the age of 19 years when performing the officer's or operator's official duties, (iv) a person over the age of 19 years using a wireless telephone in a hands-free or voice-operated mode, which may include the use of a headset, (v) a person over the age of 19 years using a wireless telephone by pressing a single button to initiate or terminate a voice communication, or (vi) a person using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation.

(e-5) A person commits aggravated use of a wireless telephone when he or she violates subsection (e) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

(f) A violation of subsection (b) is a petty offense. A person convicted of violating subsection (b-5) or (e-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) or (e-5) commits a Class 4 felony if the violation resulted in the death of another person. Any violation of this Section is an offense against traffic regulations governing the movement of vehicles, which carries a minimum fine of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.

(Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)

(625 ILCS 5/12-610.2)

Sec. 12-610.2. Electronic communication devices.

(a) As used in this Section:

"Electronic communication device" means an electronic device, including but not limited to a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.

"Electronic message" means reading from or manually entering data into an electronic communication device, including doing so for the purpose of Short Message Service (SMS) texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic communication.

(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, read, or send an electronic message.

(b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

(c) A second or subsequent violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a minimum maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.

(d) This Section does not apply to:

(1) a law enforcement officer or operator of an emergency vehicle ,regardless of age, while performing his or her official duties;

(2) a driver , regardless of age, using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation;

(3) a driver over the age of 19 years using an electronic communication device in hands-free or voice-operated mode, which may include the use of a headset;

(4) a driver of a commercial motor vehicle over the age of 19 years using the electronic communication device within the permitted scope of his or her employment reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed 10 inches tall by 10 inches wide in size;

(5) a driver, regardless of age, using an electronic communication device while parked on the shoulder of a roadway;

(6) (blank); a driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park;

(7) (blank); a driver using two-way or citizens band radio services;

(8) (blank); a driver using two-way mobile radio transmitters or receivers for licensees of the Federal Communications Commission in the amateur radio service;

(9) (blank); or a driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or

(10) (blank). a driver using an electronic communication device capable of performing multiple functions, other than a hand-held wireless telephone or hand-held personal digital assistant (for example, a fleet management system, dispatching device, citizens band radio, or music player) for a purpose that is not otherwise prohibited by this Section.

(e) A person convicted of violating subsection (b-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) commits a Class 4 felony if the violation resulted in the death of another person.

(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; 98-507, eff. 1-1-14; 98-756, eff. 7-16-14.)