Full Text of HB2585 98th General Assembly
HB2585enr 98TH 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 | | Sections 12-604.1, 12-610.1, and 12-610.2 as follows: | 6 | | (625 ILCS 5/12-604.1) | 7 | | Sec. 12-604.1. Video devices. | 8 | | (a) A person may not operate a motor vehicle if a | 9 | | television receiver, a video monitor, a television or video | 10 | | screen, or any other similar means of visually displaying a | 11 | | television broadcast or video signal that produces | 12 | | entertainment or business applications is operating and is | 13 | | located in the motor vehicle at any point forward of the back | 14 | | of the driver's seat, or is operating and visible to the driver | 15 | | while driving the motor vehicle.
| 16 | | (a-5) A person commits aggravated use of a video device | 17 | | when he or she violates subsection (a) and in committing the | 18 | | violation he or she was involved in a motor vehicle accident | 19 | | that results in great bodily harm, permanent disability, | 20 | | disfigurement, or death to another and the violation was a | 21 | | proximate cause of the injury or death. | 22 | | (b) This Section does not apply to the following equipment, | 23 | | whether or not permanently installed in a vehicle:
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| 1 | | (1) a vehicle information display;
| 2 | | (2) a global positioning display;
| 3 | | (3) a mapping or navigation display;
| 4 | | (4) a visual display used to enhance or supplement the | 5 | | driver's view forward, behind, or to the sides of a motor | 6 | | vehicle for the purpose of maneuvering the vehicle; | 7 | | (5) television-type receiving equipment used | 8 | | exclusively for safety or traffic engineering studies; or
| 9 | | (6) a television receiver, video monitor, television | 10 | | or video screen, or any other similar means of visually | 11 | | displaying a television broadcast or video signal, if that | 12 | | equipment has an interlock device that, when the motor | 13 | | vehicle is driven, disables the equipment for all uses | 14 | | except as a visual display as described in paragraphs (1) | 15 | | through (5) of this subsection (b).
| 16 | | (c) This Section does not apply to a mobile, digital | 17 | | terminal installed in an authorized emergency vehicle, a motor | 18 | | vehicle providing emergency road service or roadside | 19 | | assistance, or to motor vehicles utilized for public | 20 | | transportation. | 21 | | (d) This Section does not apply to a television receiver, | 22 | | video monitor, television or video screen, or any other similar | 23 | | means of visually displaying a television broadcast or video | 24 | | signal if: (i) the equipment is permanently installed in the | 25 | | motor vehicle; and (ii) the moving entertainment images that | 26 | | the equipment displays are not visible to the driver while the |
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| 1 | | motor vehicle is in motion. | 2 | | (e) Except as provided in subsection (f) of this Section, a | 3 | | A person convicted of violating this Section is guilty of a | 4 | | petty offense and shall be fined not more than $100 for a first | 5 | | offense, not more than $200 for a second offense within one | 6 | | year of a previous conviction, and not more than $250 for a | 7 | | third or subsequent offense within one year of 2 previous | 8 | | convictions.
| 9 | | (f) A person convicted of violating subsection (a-5) | 10 | | commits a Class A misdemeanor if the violation resulted in | 11 | | great bodily harm, permanent disability, or disfigurement to | 12 | | another. A person convicted of violating subsection (a-5) | 13 | | commits a Class 4 felony if the violation resulted in the death | 14 | | of another person. | 15 | | (Source: P.A. 97-499, eff. 1-1-12.) | 16 | | (625 ILCS 5/12-610.1) | 17 | | Sec. 12-610.1. Wireless telephones. | 18 | | (a) As used in this Section, "wireless telephone" means
a | 19 | | device that is capable of transmitting or receiving
telephonic | 20 | | communications without a wire connecting the
device to the | 21 | | telephone network. | 22 | | (b) A person under the age of 19 years who holds an | 23 | | instruction permit issued under Section 6-105 or 6-107.1, or a | 24 | | person under the age of 19 years who holds a graduated license | 25 | | issued under Section 6-107, may not drive a vehicle on a |
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| 1 | | roadway while using a wireless phone.
| 2 | | (b-5) A person under the age of 19 commits aggravated use | 3 | | of a wireless telephone when he or she violates subsection (b) | 4 | | and in committing the violation he or she was involved in a | 5 | | motor vehicle accident that results in great bodily harm, | 6 | | permanent disability, disfigurement, or death to another and | 7 | | the violation was a proximate cause of the injury or death. | 8 | | (c) This Section does not apply to a person under the age | 9 | | of 19 years using a
wireless telephone for emergency purposes, | 10 | | including, but not
limited to, an emergency call to a law | 11 | | enforcement agency,
health care provider, fire department, or | 12 | | other emergency
services agency or entity.
| 13 | | (d) If a graduated driver's license holder over the age of | 14 | | 18 committed an offense against traffic regulations governing | 15 | | the movement of vehicles or any violation of Section 6-107 or | 16 | | Section 12-603.1 of this Code in the 6 months prior to the | 17 | | graduated driver's license holder's 18th birthday, and was | 18 | | subsequently convicted of the violation, the provisions of | 19 | | paragraph (b) shall continue to apply until such time as a | 20 | | period of 6 consecutive months has elapsed without an | 21 | | additional violation and subsequent conviction of an offense | 22 | | against traffic regulations governing the movement of vehicles | 23 | | or any violation of Section 6-107 or Section 12-603.1 of this | 24 | | Code.
| 25 | | (e) A person, regardless of age, may not use a wireless
| 26 | | telephone at any time while operating a motor vehicle on a |
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| 1 | | roadway in a school speed
zone established under Section | 2 | | 11-605, on a highway in a construction or
maintenance speed | 3 | | zone established under Section 11-605.1, or within 500 feet of | 4 | | an emergency scene. As used in this Section, "emergency scene" | 5 | | means a location where an authorized emergency vehicle as | 6 | | defined by Section 1-105 of this Code is
present and has | 7 | | activated its oscillating, rotating, or flashing lights.
This | 8 | | subsection (e) does not apply to (i) a person engaged in a
| 9 | | highway construction or maintenance project for which a
| 10 | | construction or maintenance speed zone has been established
| 11 | | under Section 11-605.1, (ii) a person using a wireless
| 12 | | telephone for emergency purposes, including, but not limited | 13 | | to,
law enforcement agency, health care provider, fire | 14 | | department, or other emergency services agency or entity, (iii) | 15 | | a law enforcement officer or operator of an emergency vehicle | 16 | | when performing the officer's or operator's official duties, | 17 | | (iv) a person using a wireless telephone in voice-operated | 18 | | mode, which may include the use of a headset, or (v) to a | 19 | | person using a wireless telephone by pressing a single button | 20 | | to initiate or terminate a voice communication . , or (vi) (v) a | 21 | | person using an electronic communication device for the sole | 22 | | purpose of reporting an emergency situation and continued | 23 | | communication with emergency personnel during the emergency | 24 | | situation . | 25 | | (e-5) A person commits aggravated use of a wireless | 26 | | telephone when he or she violates subsection (e) and in |
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| 1 | | committing the violation he or she was involved in a motor | 2 | | vehicle accident that results in great bodily harm, permanent | 3 | | disability, disfigurement, or death to another and the | 4 | | violation was a proximate cause of the injury or death. | 5 | | (f) A person convicted of violating subsection (b-5) or | 6 | | (e-5) commits a Class A misdemeanor if the violation resulted | 7 | | in great bodily harm, permanent disability, or disfigurement to | 8 | | another. A person convicted of violating subsection (b-5) or | 9 | | (e-5) commits a Class 4 felony if the violation resulted in the | 10 | | death of another person. | 11 | | (Source: P.A. 96-131, eff. 1-1-10; 97-828, eff. 7-20-12; | 12 | | 97-830, eff. 1-1-13; revised 8-3-12.) | 13 | | (625 ILCS 5/12-610.2) | 14 | | Sec. 12-610.2. Electronic communication devices. | 15 | | (a) As used in this Section: | 16 | | "Electronic communication device" means an electronic | 17 | | device, including but not limited to a wireless telephone, | 18 | | personal digital assistant, or a portable or mobile computer | 19 | | while being used for the purpose of composing, reading, or | 20 | | sending an electronic message, but does not include a global | 21 | | positioning system or navigation system or a device that is | 22 | | physically or electronically integrated into the motor | 23 | | vehicle. | 24 | | "Electronic message" means a self-contained piece of | 25 | | digital communication that is designed or intended to be |
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| 1 | | transmitted between physical devices. "Electronic message" | 2 | | includes, but is not limited to electronic mail, a text | 3 | | message, an instant message, a digital photograph, a video, or | 4 | | a command or request to access an Internet site. | 5 | | (b) A person may not operate a motor vehicle on a roadway | 6 | | while using an electronic communication device to compose, | 7 | | send, or read an electronic message. | 8 | | (b-5) A person commits aggravated use of an electronic | 9 | | communication device when he or she violates subsection (b) and | 10 | | in committing the violation he or she was involved in a motor | 11 | | vehicle accident that results in great bodily harm, permanent | 12 | | disability, disfigurement, or death to another and the | 13 | | violation was a proximate cause of the injury or death. | 14 | | (c) A violation of this Section is an offense against | 15 | | traffic regulations governing the movement of vehicles. | 16 | | (d) This Section does not apply to: | 17 | | (1) a law enforcement officer or operator of an | 18 | | emergency vehicle while performing his or her official | 19 | | duties; | 20 | | (2) a driver using an electronic communication device | 21 | | for the sole purpose of reporting an emergency situation | 22 | | and continued communication with emergency personnel | 23 | | during the emergency situation; | 24 | | (3) a driver using an electronic communication device | 25 | | in hands-free or voice-operated mode; | 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; or | 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 | | (e) A person convicted of violating subsection (b-5) | 12 | | commits a Class A misdemeanor if the violation resulted in | 13 | | great bodily harm, permanent disability, or disfigurement to | 14 | | another. A person convicted of violating subsection (b-5) | 15 | | commits a Class 4 felony if the violation resulted in the death | 16 | | of another person. | 17 | | (Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10; | 18 | | 97-828, eff. 7-20-12.)
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2014.
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