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| Public Act 103-0310
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| HB2431 Enrolled | LRB103 29905 MXP 56317 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Section 12-610.2 as follows:
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(625 ILCS 5/12-610.2)
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(Text of Section before amendment by P.A. 102-982)
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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;
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(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.)
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(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;
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(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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