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| Public Act 097-0828
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| HB5099 Enrolled | LRB097 19198 HEP 64440 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 12-610.1 and 12-610.2 as follows:
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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 |
roadway while using a wireless phone.
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(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 |
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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 |
roadway in a school speed
zone established under Section |
11-605, or 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) |
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a law enforcement officer or operator of an emergency vehicle |
when performing the officer's or operator's official duties, or |
(iv) to a person using a wireless telephone in voice-operated |
voice-activated mode, or (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. |
(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876, |
eff. 8-21-08; 96-131, eff. 1-1-10.)
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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 |
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 |
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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. |
(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 voice-activated mode; |
(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 |
when the vehicle is stopped due to normal traffic being |
obstructed and the driver has the motor vehicle |
