Bill Text: IL HB3487 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that a person convicted of aggravated use of an electronic communication device while driving commits a Class 2 felony (rather than a Class 4 felony) if the violation resulted in death of another person. Provides that a person who commits a Class 2 felony under this Section and is sentenced to a term of probation or conditional discharge must serve a minimum term of 480 hours of community service, if available in the jurisdiction, as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3487 Detail]

Download: Illinois-2015-HB3487-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3487 Introduced , by Rep. Robert F. Martwick SYNOPSIS AS INTRODUCED:
625 ILCS 5/12-610.2
Amends the Illinois Vehicle Code. Provides that a person convicted of aggravated use of an electronic communication device while driving commits a Class 2 felony (rather than a Class 4 felony) if the violation resulted in death of another person. Provides that a person who commits a Class 2 felony under this Section and is sentenced to a term of probation or conditional discharge must serve a minimum term of 480 hours of community service, if available in the jurisdiction, as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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)
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 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

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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;
(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.
(f) A person convicted of violating subsection (b-5)
commits a Class 2 4 felony if the violation resulted in the
death of another person. A person sentenced under this
subsection (f) who receives a term of probation or conditional
discharge must serve a minimum term of 480 hours of community
service, if available in the jurisdiction, as a condition of

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the probation or conditional discharge in addition to any other
criminal or administrative sanction.
(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.)