Bill Text: IL HB2431 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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, including using an electronic communication device to participate in any video conferencing application or to access any social media site. Excludes the exemptions that permit a driver to use an electronic communication device in hands-free or voice-operated mode or by pressing a single button to activate or terminate a voice communication when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0310 [HB2431 Detail]

Download: Illinois-2023-HB2431-Engrossed.html

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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 Section 12-610.2 as follows:
(625 ILCS 5/12-610.2)
(Text of Section before amendment by P.A. 102-982)
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, tablet, 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, participate in any video conferencing application,
including, but not limited to, Zoom, Microsoft Teams, or
WebEx, or access any social media site, including, but not
limited to, Facebook, Snapchat, Instagram, or Twitter. The

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exemptions in paragraphs (3) and (9) of subsection (d) do not
apply when a person is using the electronic communication
device to watch or stream video, participate in any video
conferencing application, or access any social media site.
(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 involved in a
motor vehicle accident that results in great bodily harm,
permanent disability, disfigurement, or death to another and
the violation is 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,
except that a person who violates subsection (b-5) shall be
assessed a minimum fine of $1,000.
(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, 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

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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;
(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

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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. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-982)
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, tablet, 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

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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, participate in any video conferencing application,
including, but not limited to, Zoom, Microsoft Teams, or
WebEx, or access any social media site, including, but not
limited to, Facebook, Snapchat, Instagram, or Twitter. The
exemptions in paragraphs (3) and (9) of subsection (d) do not
apply when a person is using the electronic communication
device to watch or stream video, participate in any video
conferencing application, or access any social media site.
(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 involved in a
motor vehicle crash that results in great bodily harm,
permanent disability, disfigurement, or death to another and
the violation is 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,
except that a person who violates subsection (b-5) shall be
assessed a minimum fine of $1,000.
(d) This Section does not apply to:

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(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, 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

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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
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. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
101-297, eff. 1-1-20; 102-558, eff. 8-20-21; 102-982, eff.
7-1-23.)

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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.