97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3970
 
Introduced 1/10/2012, by Rep. Karen May
 
SYNOPSIS AS INTRODUCED:
 

 
625 ILCS 5/12-610.2

     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.
  


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A BILL FOR
 

  
HB3970LRB097 15948 HEP 61095 b


  
1    AN ACT concerning transportation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Vehicle Code is amended  by changing 
5Section 12-610.2 as follows:
 
6    (625 ILCS 5/12-610.2)
7    Sec. 12-610.2. Electronic communication devices.
8    (a) As used in this Section, Section: "Electronic 
9communication device" means an electronic device, including 
10but not limited to a wireless telephone, personal digital 
11assistant, or a portable or mobile computer while being used 
12for the purpose of composing, reading, or sending an electronic 
13message, but does not include a global positioning system or 
14navigation system or a device that is physically or 
15electronically integrated into the motor vehicle.
16    "Electronic message" means a self-contained piece of 
17digital communication that is designed or intended to be 
18transmitted between physical devices.  "Electronic message" 
19includes, but is not limited to electronic mail, a text 
20message, an instant message, or a command or request to access 
21an Internet site.
22    (b) A person may not operate a motor vehicle on a roadway 
23while using an electronic communication device to compose, 
 
 
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1send, or read an electronic message.
2    (c) A violation of this Section is an offense against 
3traffic regulations governing the movement of vehicles.
4    (d) This Section does not apply to:
5        (1) a law enforcement officer or  operator of an 
6    emergency vehicle while performing his or her official 
7    duties;
8        (2) a driver using an electronic communication device 
9    for the sole purpose of reporting an emergency situation 
10    and continued communication with emergency personnel 
11    during the emergency situation;
12        (3) a driver using an electronic communication device 
13    in hands-free or voice-activated mode;
14        (4) a driver of a commercial motor vehicle reading a 
15    message displayed on a permanently installed communication 
16    device designed for a commercial motor vehicle with a 
17    screen that does not exceed 10 inches tall by 10 inches 
18    wide in size; 
19        (5) a driver using an electronic communication device 
20    while parked on the shoulder of a roadway; or
21        (6) a driver using an electronic communication device 
22    when the vehicle is stopped due to normal traffic being 
23    obstructed and the driver has the motor vehicle 
24    transmission in neutral or park. 

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