Bill Text: IL HB3972 | 2011-2012 | 97th General Assembly | Engrossed

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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 (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-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)
Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section, 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
while being used for the purpose of composing, reading, or
sending an electronic message, but does not include a global
positioning system or navigation system or a device that is
physically or electronically integrated into the motor
vehicle.
"Electronic message" means a self-contained piece of
digital communication that is designed or intended to be
transmitted between physical devices. "Electronic message"
includes, but is not limited to electronic mail, a text
message, an instant message, or a command or request to access
an Internet site.
(b) A person may not operate a motor vehicle on a roadway

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while using an electronic communication device to compose,
send, or read an electronic message.
(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;
(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 voice-activated 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; or
(6) a driver using an electronic communication device

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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
Section.
(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)