Bill Text: IL HB3972 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 (rather than only prohibiting the composing, sending, or reading of electronic messages while operating a vehicle) unless the electronic communication device is used in hands-free or voice-activated mode or one of 5 other limited exceptions apply.
Spectrum: Moderate Partisan Bill (Democrat 16-5)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3972 Detail]
Download: Illinois-2011-HB3972-Amended.html
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 (rather than only prohibiting the composing, sending, or reading of electronic messages while operating a vehicle) unless the electronic communication device is used in hands-free or voice-activated mode or one of 5 other limited exceptions apply.
Spectrum: Moderate Partisan Bill (Democrat 16-5)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3972 Detail]
Download: Illinois-2011-HB3972-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 3972
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| 2 | AMENDMENT NO. ______. Amend House Bill 3972, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
| 6 | changing Section 12-610.2 as follows:
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| 7 | (625 ILCS 5/12-610.2) | ||||||
| 8 | Sec. 12-610.2. Electronic communication devices. | ||||||
| 9 | (a) As used in this Section, Section: "Electronic | ||||||
| 10 | communication device" means an electronic device, including | ||||||
| 11 | but not limited to a hand-held wireless telephone, hand-held | ||||||
| 12 | personal digital assistant, or a portable or mobile computer | ||||||
| 13 | while being used for the purpose of composing, reading, or | ||||||
| 14 | sending an electronic message, but does not include a global | ||||||
| 15 | positioning system or navigation system or a device that is | ||||||
| 16 | physically or electronically integrated into the motor | ||||||
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| 1 | vehicle. | ||||||
| 2 | "Electronic message" means a self-contained piece of | ||||||
| 3 | digital communication that is designed or intended to be | ||||||
| 4 | transmitted between physical devices. "Electronic message" | ||||||
| 5 | includes, but is not limited to electronic mail, a text | ||||||
| 6 | message, an instant message, or a command or request to access | ||||||
| 7 | an Internet site. | ||||||
| 8 | (b) A person may not operate a motor vehicle on a roadway | ||||||
| 9 | while using an electronic communication device to compose, | ||||||
| 10 | send, or read an electronic message. | ||||||
| 11 | (c) A violation of this Section is an offense against | ||||||
| 12 | traffic regulations governing the movement of vehicles. A | ||||||
| 13 | person who violates this Section shall be fined a maximum of | ||||||
| 14 | $75 for a first offense, $100 for a second offense, $125 for a | ||||||
| 15 | third offense, and $150 for a fourth or subsequent offense. | ||||||
| 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 voice-activated mode, | ||||||
| 26 | which may include the use of a headset; | ||||||
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| 1 | (4) a driver of a commercial motor vehicle reading a | ||||||
| 2 | message displayed on a permanently installed communication | ||||||
| 3 | device designed for a commercial motor vehicle with a | ||||||
| 4 | screen that does not exceed 10 inches tall by 10 inches | ||||||
| 5 | wide in size; | ||||||
| 6 | (5) a driver using an electronic communication device | ||||||
| 7 | while parked on the shoulder of a roadway; or | ||||||
| 8 | (6) a driver using an electronic communication device | ||||||
| 9 | when the vehicle is stopped due to normal traffic being | ||||||
| 10 | obstructed and the driver has the motor vehicle | ||||||
| 11 | transmission in neutral or park; .
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| 12 | (7) a driver using two-way or citizens band radio | ||||||
| 13 | services; | ||||||
| 14 | (8) a driver using two-way mobile radio transmitters or | ||||||
| 15 | receivers for licensees of the Federal Communications | ||||||
| 16 | Commission in the amateur radio service; | ||||||
| 17 | (9) a driver using an electronic communication device | ||||||
| 18 | by pressing a single button to initiate or terminate a | ||||||
| 19 | voice communication; or | ||||||
| 20 | (10) a driver using an electronic communication device | ||||||
| 21 | capable of performing multiple functions, other than a | ||||||
| 22 | hand-held wireless telephone or hand-held personal digital | ||||||
| 23 | assistant (for example, a fleet management system, | ||||||
| 24 | dispatching device, citizens band radio, or music player) | ||||||
| 25 | for a purpose that is not otherwise prohibited by this | ||||||
| 26 | Section. | ||||||
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| 1 | (Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
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