Bill Text: IL SB0086 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to watch or stream video.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0297 [SB0086 Detail]
Download: Illinois-2019-SB0086-Chaptered.html
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| Public Act 101-0297 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 12-610.2 as follows:
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(625 ILCS 5/12-610.2)
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(Text of Section before amendment by P.A. 100-858) | ||||
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. | ||||
(b) A person may not operate a motor vehicle on a roadway | ||||
while using an electronic communication device. | ||||
(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 is was involved in a | ||||
motor vehicle accident that results in great bodily harm, | ||||
permanent disability, disfigurement, or death to another and | ||||
the violation is 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 | ||
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 while performing his or her official | ||
duties; | ||
(1.5) a first responder, including a volunteer first | ||
responder responders, while operating his or her own | ||
personal motor vehicle using an electronic communication | ||
device for the sole purpose of receiving information about | ||
an emergency situation while en route to performing his or | ||
her official duties; | ||
(2) a driver 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 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 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 using an electronic communication device | ||
while parked on the shoulder of a roadway; | ||
(6) 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;
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(7) a driver using two-way or citizens band radio | ||
services; | ||
(8) a driver using two-way mobile radio transmitters or | ||
receivers for licensees of the Federal Communications | ||
Commission in the amateur radio service; | ||
(9) a driver using an electronic communication device | ||
by pressing a single button to initiate or terminate a | ||
voice communication; or | ||
(10) 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. 100-727, eff. 8-3-18; revised 10-15-18.)
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(Text of Section after amendment by P.A. 100-858)
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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. | ||
(b) A person may not operate a motor vehicle on a roadway | ||
while using an electronic communication device, including | ||
using an electronic communication device to watch or stream | ||
video. | ||
(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 is was involved in a | ||
motor vehicle accident that results in great bodily harm, | ||
permanent disability, disfigurement, or death to another and | ||
the violation is was a proximate cause of the injury or death. | ||
(c) A 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 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 while performing his or her official | ||
duties; | ||
(1.5) a first responder, including a volunteer first | ||
responder responders, while operating his or her own | ||
personal motor vehicle using an electronic communication | ||
device for the sole purpose of receiving information about | ||
an emergency situation while en route to performing his or | ||
her official duties; | ||
(2) a driver 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 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 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 using an electronic communication device | ||
while parked on the shoulder of a roadway; | ||
(6) 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;
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(7) a driver using two-way or citizens band radio | ||
services; | ||
(8) a driver using two-way mobile radio transmitters or | ||
receivers for licensees of the Federal Communications | ||
Commission in the amateur radio service; | ||
(9) a driver using an electronic communication device | ||
by pressing a single button to initiate or terminate a | ||
voice communication; or | ||
(10) 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. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | ||
revised 10-15-18.)
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