Bill Amendment: IL SB0086 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VEH CD-USE OF VIDEO DEVICES

Status: 2019-08-09 - Public Act . . . . . . . . . 101-0297 [SB0086 Detail]

Download: Illinois-2019-SB0086-House_Amendment_001.html

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Rep. Maurice A. West, II

Filed: 5/6/2019

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AMENDMENT TO SENATE BILL 86
AMENDMENT NO. ______. Amend Senate Bill 86 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Section 12-610.2 as follows:
(625 ILCS 5/12-610.2)
(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

10100SB0086ham001 - 2 - LRB101 04623 TAE 60293 a
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

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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;
(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

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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.)
(Text of Section after 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, including
using an electronic communication device to watch or stream
video.
(b-5) A person commits aggravated use of an electronic

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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

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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;
(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

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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.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.".