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Public Act 098-0507
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HB2585 Enrolled | LRB098 08509 MLW 38620 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 |
Sections 12-604.1, 12-610.1, and 12-610.2 as follows:
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(625 ILCS 5/12-604.1) |
Sec. 12-604.1. Video devices. |
(a) A person may not operate a motor vehicle if a |
television receiver, a video monitor, a television or video |
screen, or any other similar means of visually displaying a |
television broadcast or video signal that produces |
entertainment or business applications is operating and is |
located in the motor vehicle at any point forward of the back |
of the driver's seat, or is operating and visible to the driver |
while driving the motor vehicle.
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(a-5) A person commits aggravated use of a video device |
when he or she violates subsection (a) 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. |
(b) This Section does not apply to the following equipment, |
whether or not permanently installed in a vehicle:
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(1) a vehicle information display;
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(2) a global positioning display;
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(3) a mapping or navigation display;
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(4) a visual display used to enhance or supplement the |
driver's view forward, behind, or to the sides of a motor |
vehicle for the purpose of maneuvering the vehicle; |
(5) television-type receiving equipment used |
exclusively for safety or traffic engineering studies; or
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(6) a television receiver, video monitor, television |
or video screen, or any other similar means of visually |
displaying a television broadcast or video signal, if that |
equipment has an interlock device that, when the motor |
vehicle is driven, disables the equipment for all uses |
except as a visual display as described in paragraphs (1) |
through (5) of this subsection (b).
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(c) This Section does not apply to a mobile, digital |
terminal installed in an authorized emergency vehicle, a motor |
vehicle providing emergency road service or roadside |
assistance, or to motor vehicles utilized for public |
transportation. |
(d) This Section does not apply to a television receiver, |
video monitor, television or video screen, or any other similar |
means of visually displaying a television broadcast or video |
signal if: (i) the equipment is permanently installed in the |
motor vehicle; and (ii) the moving entertainment images that |
the equipment displays are not visible to the driver while the |
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motor vehicle is in motion. |
(e) Except as provided in subsection (f) of this Section, a |
A person convicted of violating this Section is guilty of a |
petty offense and shall be fined not more than $100 for a first |
offense, not more than $200 for a second offense within one |
year of a previous conviction, and not more than $250 for a |
third or subsequent offense within one year of 2 previous |
convictions.
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(f) A person convicted of violating subsection (a-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 (a-5) |
commits a Class 4 felony if the violation resulted in the death |
of another person. |
(Source: P.A. 97-499, eff. 1-1-12.)
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(625 ILCS 5/12-610.1) |
Sec. 12-610.1. Wireless telephones. |
(a) As used in this Section, "wireless telephone" means
a |
device that is capable of transmitting or receiving
telephonic |
communications without a wire connecting the
device to the |
telephone network. |
(b) A person under the age of 19 years who holds an |
instruction permit issued under Section 6-105 or 6-107.1, or a |
person under the age of 19 years who holds a graduated license |
issued under Section 6-107, may not drive a vehicle on a |
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roadway while using a wireless phone.
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(b-5) A person under the age of 19 commits aggravated use |
of a wireless telephone 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) This Section does not apply to a person under the age |
of 19 years using a
wireless telephone for emergency purposes, |
including, but not
limited to, an emergency call to a law |
enforcement agency,
health care provider, fire department, or |
other emergency
services agency or entity.
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(d) If a graduated driver's license holder over the age of |
18 committed an offense against traffic regulations governing |
the movement of vehicles or any violation of Section 6-107 or |
Section 12-603.1 of this Code in the 6 months prior to the |
graduated driver's license holder's 18th birthday, and was |
subsequently convicted of the violation, the provisions of |
paragraph (b) shall continue to apply until such time as a |
period of 6 consecutive months has elapsed without an |
additional violation and subsequent conviction of an offense |
against traffic regulations governing the movement of vehicles |
or any violation of Section 6-107 or Section 12-603.1 of this |
Code.
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(e) A person, regardless of age, may not use a wireless
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telephone at any time while operating a motor vehicle on a |
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roadway in a school speed
zone established under Section |
11-605, on a highway in a construction or
maintenance speed |
zone established under Section 11-605.1, or within 500 feet of |
an emergency scene. As used in this Section, "emergency scene" |
means a location where an authorized emergency vehicle as |
defined by Section 1-105 of this Code is
present and has |
activated its oscillating, rotating, or flashing lights.
This |
subsection (e) does not apply to (i) a person engaged in a
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highway construction or maintenance project for which a
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construction or maintenance speed zone has been established
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under Section 11-605.1, (ii) a person using a wireless
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telephone for emergency purposes, including, but not limited |
to,
law enforcement agency, health care provider, fire |
department, or other emergency services agency or entity, (iii) |
a law enforcement officer or operator of an emergency vehicle |
when performing the officer's or operator's official duties, |
(iv) a person using a wireless telephone in voice-operated |
mode, which may include the use of a headset, or (v) to a |
person using a wireless telephone by pressing a single button |
to initiate or terminate a voice communication . , or (vi) (v) a |
person using an electronic communication device for the sole |
purpose of reporting an emergency situation and continued |
communication with emergency personnel during the emergency |
situation . |
(e-5) A person commits aggravated use of a wireless |
telephone when he or she violates subsection (e) and in |
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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. |
(f) A person convicted of violating subsection (b-5) or |
(e-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) or |
(e-5) commits a Class 4 felony if the violation resulted in the |
death of another person. |
(Source: P.A. 96-131, eff. 1-1-10; 97-828, eff. 7-20-12; |
97-830, eff. 1-1-13; revised 8-3-12.)
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(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 wireless telephone, |
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 |
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transmitted between physical devices. "Electronic message" |
includes, but is not limited to electronic mail, a text |
message, an instant message, a digital photograph, a video, or |
a command or request to access an Internet site. |
(b) A person may not operate a motor vehicle on a roadway |
while using an electronic communication device to compose, |
send, or read an electronic message. |
(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 violation of this Section is an offense against |
traffic regulations governing the movement of vehicles. |
(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; |
(4) a driver of a commercial motor vehicle reading a |
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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 |
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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(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. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10; |
97-828, eff. 7-20-12.)
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Section 99. Effective date. This Act takes effect January |
1, 2014.
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