Public Act 101-0090
 
HB2386 EnrolledLRB101 08836 TAE 53925 b


  
    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 
Sections 6-206 and 12-610.2 as follows:
 

    (625 ILCS 5/6-206)

 

  
    Sec. 6-206. Discretionary authority to suspend or revoke 
license or
permit; right to a hearing.

    (a) The Secretary of State is authorized to suspend or 
revoke the
driving privileges of any person without preliminary 
hearing upon a showing
of the person's records or other 
sufficient evidence that
the person:

        1. Has committed an offense for which mandatory 
    revocation of
a driver's license or permit is required upon 
    conviction;

        2. Has been convicted of not less than 3 offenses 
    against traffic
regulations governing the movement of 
    vehicles committed within any 12
month period.  No 
    revocation or suspension shall be entered more than
6 
    months after the date of last conviction;

        3. Has been repeatedly involved as a driver in motor 
    vehicle
collisions or has been repeatedly convicted of 
    offenses against laws and
ordinances regulating the 
    movement of traffic, to a degree that
indicates lack of 
    ability to exercise ordinary and reasonable care in
the 
    safe operation of a motor vehicle or disrespect for the 
    traffic laws
and the safety of other persons upon the 
    highway;

        4. Has by the unlawful operation of a motor vehicle 
    caused or
contributed to an accident resulting in injury 
    requiring
immediate professional treatment in a medical 
    facility or doctor's office
to any person, except that any 
    suspension or revocation imposed by the
Secretary of State 
    under the provisions of this subsection shall start no

    later than 6 months after being convicted of violating a 
    law or
ordinance regulating the movement of traffic, which 
    violation is related
to the accident, or shall start not 
    more than one year
after
the date of the accident, 
    whichever date occurs later;

        5. Has permitted an unlawful or fraudulent use of a 
    driver's
license, identification card, or permit;

        6. Has been lawfully convicted of an offense or 
    offenses in another
state, including the authorization 
    contained in Section 6-203.1, which
if committed within 
    this State would be grounds for suspension or revocation;

        7. Has refused or failed to submit to an examination 
    provided for by
Section 6-207 or has failed to pass the 
    examination;

        8. Is ineligible for a driver's license or permit under 
    the provisions
of Section 6-103;

        9. Has made a false statement or knowingly concealed a 
    material fact
or has used false information or 
    identification in any application for a
license, 
    identification card, or permit;

        10. Has possessed, displayed, or attempted to 
    fraudulently use any
license, identification card, or 
    permit not issued to the person;

        11. Has operated a motor vehicle upon a highway of this 
    State when
the person's driving privilege or privilege to 
    obtain a driver's license
or permit was revoked or 
    suspended unless the operation was authorized by
a 
    monitoring device driving permit, judicial driving permit 
    issued prior to January 1, 2009, probationary license to 
    drive, or a restricted
driving permit issued under this 
    Code;

        12. Has submitted to any portion of the application 
    process for
another person or has obtained the services of 
    another person to submit to
any portion of the application 
    process for the purpose of obtaining a
license, 
    identification card, or permit for some other person;

        13. Has operated a motor vehicle upon a highway of this 
    State when
the person's driver's license or permit was 
    invalid under the provisions of
Sections 6-107.1 and
6-110;

        14. Has committed a violation of Section 6-301, 
    6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or 
    14B of the Illinois Identification Card
Act;

        15. Has been convicted of violating Section 21-2 of the 
    Criminal Code
of 1961 or the Criminal Code of 2012 relating 
    to criminal trespass to vehicles in which case, the 
    suspension
shall be for one year;

        16. Has been convicted of violating Section 11-204 of 
    this Code relating
to fleeing from a peace officer;

        17. Has refused to submit to a test, or tests, as 
    required under Section
11-501.1 of this Code and the person 
    has not sought a hearing as
provided for in Section 
    11-501.1;

        18. Has, since issuance of a driver's license or 
    permit, been adjudged
to be afflicted with or suffering 
    from any mental disability or disease;

        19. Has committed a violation of paragraph (a) or (b) 
    of Section 6-101
relating to driving without a driver's 
    license;

        20. Has been convicted of violating Section 6-104 
    relating to
classification of driver's license;

        21. Has been convicted of violating Section 11-402 of

    this Code relating to leaving the scene of an accident 
    resulting in damage
to a vehicle in excess of $1,000, in 
    which case the suspension shall be
for one year;

        22. Has used a motor vehicle in violating paragraph 
    (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
    the Criminal Code of 1961 or the Criminal Code of 2012 
    relating
to unlawful use of weapons, in which case the 
    suspension shall be for one
year;

        23. Has, as a driver, been convicted of committing a 
    violation of
paragraph (a) of Section 11-502 of this Code 
    for a second or subsequent
time within one year of a 
    similar violation;

        24. Has been convicted by a court-martial or punished 
    by non-judicial
punishment by military authorities of the 
    United States at a military
installation in Illinois or in 
    another state of or for a traffic related offense that is 
    the
same as or similar to an offense specified under 
    Section 6-205 or 6-206 of
this Code;

        25. Has permitted any form of identification to be used 
    by another in
the application process in order to obtain or 
    attempt to obtain a license,
identification card, or 
    permit;

        26. Has altered or attempted to alter a license or has 
    possessed an
altered license, identification card, or 
    permit;

        27. Has violated Section 6-16 of the Liquor Control Act 
    of 1934;

        28. Has been convicted for a first time of the illegal 
    possession, while operating or
in actual physical control, 
    as a driver, of a motor vehicle, of any
controlled 
    substance prohibited under the Illinois Controlled 
    Substances
Act, any cannabis prohibited under the Cannabis 
    Control
Act, or any methamphetamine prohibited under the 
    Methamphetamine Control and Community Protection Act, in 
    which case the person's driving privileges shall be 
    suspended for
one year.
Any defendant found guilty of this 
    offense while operating a motor vehicle,
shall have an 
    entry made in the court record by the presiding judge that

    this offense did occur while the defendant was operating a 
    motor vehicle
and order the clerk of the court to report 
    the violation to the Secretary
of State;

        29. Has been convicted of the following offenses that 
    were committed
while the person was operating or in actual 
    physical control, as a driver,
of a motor vehicle: criminal 
    sexual assault,
predatory criminal sexual assault of a 
    child,
aggravated criminal sexual
assault, criminal sexual 
    abuse, aggravated criminal sexual abuse, juvenile
pimping, 
    soliciting for a juvenile prostitute, promoting juvenile 
    prostitution as described in subdivision (a)(1), (a)(2), 
    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
    or the Criminal Code of 2012, and the manufacture, sale or

    delivery of controlled substances or instruments used for 
    illegal drug use
or abuse in which case the driver's 
    driving privileges shall be suspended
for one year;

        30. Has been convicted a second or subsequent time for 
    any
combination of the offenses named in paragraph 29 of 
    this subsection,
in which case the person's driving 
    privileges shall be suspended for 5
years;

        31. Has refused to submit to a test as
required by 
    Section 11-501.6 of this Code or Section 5-16c of the Boat 
    Registration and Safety Act or has submitted to a test 
    resulting in
an alcohol concentration of 0.08 or more or 
    any amount of a drug, substance, or
compound resulting from 
    the unlawful use or consumption of cannabis as listed
in 
    the Cannabis Control Act, a controlled substance as listed 
    in the Illinois
Controlled Substances Act, an intoxicating 
    compound as listed in the Use of
Intoxicating Compounds 
    Act, or methamphetamine as listed in the Methamphetamine 
    Control and Community Protection Act, in which case the 
    penalty shall be
as prescribed in Section 6-208.1;

        32. Has been convicted of Section 24-1.2 of the 
    Criminal Code of
1961 or the Criminal Code of 2012 relating 
    to the aggravated discharge of a firearm if the offender 
    was
located in a motor vehicle at the time the firearm was 
    discharged, in which
case the suspension shall be for 3 
    years;

        33. Has as  a driver, who was less than 21 years of age 
    on the date of
the offense, been convicted a first time of 
    a violation of paragraph (a) of
Section 11-502 of this Code 
    or a similar provision of a local ordinance;

        34. Has committed a violation of Section 11-1301.5 of 
    this Code or a similar provision of a local ordinance;

        35. Has committed a violation of Section 11-1301.6 of 
    this Code or a similar provision of a local ordinance;

        36. Is under the age of 21 years at the time of arrest 
    and has been
convicted of not less than 2 offenses against 
    traffic regulations governing
the movement of vehicles 
    committed within any 24 month period.  No revocation
or 
    suspension shall be entered more than 6 months after the 
    date of last
conviction;

        37. Has committed a violation of subsection (c) of 
    Section 11-907 of this
Code that resulted in damage to the 
    property of another or the death or injury of another;

        38. Has been convicted of a violation of Section 6-20 
    of the Liquor
Control Act of 1934 or a similar provision of 
    a local ordinance;

        39. Has committed a second or subsequent violation of 
    Section
11-1201 of this Code;

        40. Has committed a violation of subsection (a-1) of 
    Section 11-908 of
this Code;
        41. Has committed a second or subsequent violation of 
    Section 11-605.1 of this Code, a similar provision of a 
    local ordinance, or a similar violation in any other state 
    within 2 years of the date of the previous violation, in 
    which case the suspension shall be for 90 days;
        42. Has committed a violation of subsection (a-1) of 
    Section 11-1301.3 of this Code or a similar provision of a 
    local ordinance;

        43. Has received a disposition of court supervision for 
    a violation of subsection (a), (d), or (e) of Section 6-20 
    of the Liquor
Control Act of 1934 or a similar provision of 
    a local ordinance, in which case the suspension shall be 
    for a period of 3 months;

        44.
 Is under the age of 21 years at the time of arrest 
    and has been convicted of an offense against traffic 
    regulations governing the movement of vehicles after 
    having previously had his or her driving privileges
 
    suspended or revoked pursuant to subparagraph 36 of this 
    Section;
        45.
 Has, in connection with or during the course of a 
    formal hearing conducted under Section 2-118 of this Code: 
    (i) committed perjury; (ii) submitted fraudulent or 
    falsified documents; (iii) submitted documents that have 
    been materially altered; or (iv) submitted,  as his or her 
    own, documents that were in fact prepared or composed for 
    another person;
        46. Has committed a violation of subsection (j) of 
    Section 3-413 of this Code;

        47. Has committed a violation of Section 11-502.1 of 
    this Code; or 
        48. Has submitted a falsified or altered medical 
    examiner's certificate to the Secretary of State or 
    provided false information to obtain a medical examiner's 
    certificate; or . 
        49.     Has committed a violation of subsection (b-5) of 
    Section 12-610.2 that resulted in great bodily harm, 
    permanent disability, or disfigurement, in which case the 
    driving privileges shall be suspended for 12 months. 
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
and 27 of this
subsection, license means any driver's license, 
any traffic ticket issued when
the person's driver's license is 
deposited in lieu of bail, a suspension
notice issued by the 
Secretary of State, a duplicate or corrected driver's
license, 
a probationary driver's license or a temporary driver's 
license.
    (b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the 
order of suspension
or revocation, as the case may be, provided 
that a certified copy of a stay
order of a court is filed with 
the Secretary of State.  If the conviction is
affirmed on 
appeal, the date of the conviction shall relate back to the 
time
the original judgment of conviction was entered and the 6 
month limitation
prescribed shall not apply.


    (c) 1. Upon suspending or revoking the driver's license or 
permit of
any person as authorized in this Section, the 
Secretary of State shall
immediately notify the person in 
writing of the revocation or suspension.
The notice to be 
deposited in the United States mail, postage prepaid,
to the 
last known address of the person.

    2. If the Secretary of State suspends the driver's license

of a person under subsection 2 of paragraph (a) of this 
Section, a
person's privilege to operate a vehicle as an 
occupation shall not be
suspended, provided an affidavit is 
properly completed, the appropriate fee
received, and a permit 
issued prior to the effective date of the
suspension, unless 5 
offenses were committed, at least 2 of which occurred
while 
operating a commercial vehicle in connection with the driver's

regular occupation. All other driving privileges shall be 
suspended by the
Secretary of State. Any driver prior to 
operating a vehicle for
occupational purposes only must submit 
the affidavit on forms to be
provided by the Secretary of State 
setting forth the facts of the person's
occupation.  The 
affidavit shall also state the number of offenses
committed 
while operating a vehicle in connection with the driver's 
regular
occupation. The affidavit shall be accompanied by the 
driver's license.
Upon receipt of a properly completed 
affidavit, the Secretary of State
shall issue the driver a 
permit to operate a vehicle in connection with the
driver's 
regular occupation only. Unless the permit is issued by the

Secretary of State prior to the date of suspension, the 
privilege to drive
any motor vehicle shall be suspended as set 
forth in the notice that was
mailed under this Section. If an 
affidavit is received subsequent to the
effective date of this 
suspension, a permit may be issued for the remainder
of the 
suspension period.

    The provisions of this subparagraph shall not apply to any 
driver
required to possess a CDL for the purpose of operating a 
commercial motor vehicle.

    Any person who falsely states any fact in the affidavit 
required
herein shall be guilty of perjury under Section 6-302 
and upon conviction
thereof shall have all driving privileges 
revoked without further rights.

    3. At the conclusion of a hearing under Section 2-118 of 
this Code,
the Secretary of State shall either rescind or 
continue an order of
revocation or shall substitute an order of 
suspension; or, good
cause appearing therefor, rescind, 
continue, change, or extend the
order of suspension.  If the 
Secretary of State does not rescind the order,
the Secretary 
may upon application,
to relieve undue hardship (as defined by 
the rules of the Secretary of State), issue
a restricted 
driving permit granting the privilege of driving a motor

vehicle between the petitioner's residence and petitioner's 
place of
employment or within the scope of the petitioner's 
employment related duties, or to
allow the petitioner to 
transport himself or herself, or a family member of the

petitioner's household to a medical facility, to receive 
necessary medical care, to allow the petitioner to transport 
himself or herself to and from alcohol or drug
remedial or 
rehabilitative activity recommended by a licensed service 
provider, or to allow the petitioner to transport himself or 
herself or a family member of the petitioner's household to 
classes, as a student, at an accredited educational 
institution, or to allow the petitioner to transport children, 
elderly persons, or persons with disabilities who do not hold 
driving privileges and are living in the petitioner's household 
to and from daycare. The
petitioner must demonstrate that no 
alternative means of
transportation is reasonably available 
and that the petitioner will not endanger
the public safety or 
welfare.

        (A) If a person's license or permit is revoked or 
    suspended due to 2
or more convictions of violating Section 
    11-501 of this Code or a similar
provision of a local 
    ordinance or a similar out-of-state offense, or Section 9-3 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    where the use of alcohol or other drugs is recited as an 
    element of the offense, or a similar out-of-state offense, 
    or a combination of these offenses, arising out
of separate 
    occurrences, that person, if issued a restricted driving 
    permit,
may not operate a vehicle unless it has been 
    equipped with an ignition
interlock device as defined in 
    Section 1-129.1.

        (B) If a person's license or permit is revoked or 
    suspended 2 or more
times due to any combination of:
            (i) a single conviction of violating Section

        11-501 of this Code or a similar provision of a local 
        ordinance or a similar
out-of-state offense or Section 
        9-3 of the Criminal Code of 1961 or the Criminal Code 
        of 2012, where the use of alcohol or other drugs is 
        recited as an element of the offense, or a similar 
        out-of-state offense; or
            (ii) a statutory summary suspension or revocation 
        under Section
11-501.1; or
            (iii) a suspension under Section 6-203.1; 
    arising out of
separate occurrences; that person, if issued 
    a restricted driving permit, may
not operate a vehicle 
    unless it has been
equipped with an ignition interlock 
    device as defined in Section 1-129.1.
        (B-5)    If a person's license or permit is revoked or 
    suspended due to a conviction for a violation of 
    subparagraph (C) or (F) of paragraph (1) of subsection (d) 
    of Section 11-501 of this Code, or a similar provision of a 
    local ordinance or similar out-of-state offense, that 
    person, if issued a restricted driving permit, may not 
    operate a vehicle unless it has been equipped with an 
    ignition interlock device as defined in Section 1-129.1. 
        (C)
The person issued a permit conditioned upon the use 
    of an ignition interlock device must pay to the Secretary 
    of State DUI Administration Fund an amount
not to exceed 
    $30 per month.  The Secretary shall establish by rule the 
    amount
and the procedures, terms, and conditions relating 
    to these fees.
        (D)  If the
restricted driving permit is issued for 
    employment purposes, then the prohibition against 
    operating a motor vehicle that is not equipped with an 
    ignition interlock device does not apply to the operation 
    of an occupational vehicle owned or
leased by that person's 
    employer when used solely for employment purposes. For any 
    person who, within a 5-year period, is convicted of a 
    second or subsequent offense under Section 11-501 of this 
    Code, or a similar provision of a local ordinance or 
    similar out-of-state offense, this employment exemption 
    does not apply until either a one-year period has elapsed 
    during which that person had his or her driving privileges 
    revoked or a one-year period has elapsed during which that 
    person had a restricted driving permit which required the 
    use of an ignition interlock device on every motor vehicle 
    owned or operated by that person.
        (E)  In each case the Secretary may issue a
restricted 
    driving permit for a period deemed appropriate, except that 
    all
permits shall expire no later than 2 years from the 
    date of issuance. A
restricted driving permit issued under 
    this Section shall be subject to
cancellation, revocation, 
    and suspension by the Secretary of State in like
manner and 
    for like cause as a driver's license issued under this Code 
    may be
cancelled, revoked, or suspended; except that a 
    conviction upon one or more
offenses against laws or 
    ordinances regulating the movement of traffic
shall be 
    deemed sufficient cause for the revocation, suspension, or

    cancellation of a restricted driving permit.  The Secretary 
    of State may, as
a condition to the issuance of a 
    restricted driving permit, require the
applicant to 
    participate in a designated driver remedial or 
    rehabilitative
program.  The Secretary of State is 
    authorized to cancel a restricted
driving permit if the 
    permit holder does not successfully complete the program.

        (F) A person subject to the provisions of paragraph 4 
    of subsection (b) of Section 6-208 of this Code may make 
    application for a restricted driving permit at a hearing 
    conducted under Section 2-118 of this Code after the 
    expiration of 5 years from the effective date of the most 
    recent revocation or after 5 years from the date of release 
    from a period of imprisonment resulting from a conviction 
    of the most recent offense, whichever is later, provided 
    the person, in addition to all other requirements of the 
    Secretary, shows by clear and convincing evidence: 
            (i)   a minimum of 3 years of uninterrupted 
        abstinence from alcohol and  the unlawful use or 
        consumption of cannabis under the Cannabis Control 
        Act, a controlled substance under the Illinois 
        Controlled Substances Act, an intoxicating compound 
        under the Use of Intoxicating Compounds Act, or 
        methamphetamine under the Methamphetamine Control and 
        Community Protection Act; and
            (ii)   the successful completion of any 
        rehabilitative treatment and  involvement in any 
        ongoing rehabilitative activity that may be 
        recommended by a properly licensed service provider 
        according to an assessment of the person's alcohol or 
        drug use under Section 11-501.01 of this Code. 
        In determining whether an applicant is eligible for a 
    restricted driving permit under this subparagraph (F), the 
    Secretary may consider any relevant evidence, including, 
    but not limited to, testimony, affidavits, records, and the 
    results of regular alcohol or drug tests. Persons subject 
    to the provisions of paragraph 4 of subsection (b) of  
    Section 6-208 of this Code and who have been convicted of 
    more than one violation of paragraph (3), paragraph (4), or 
    paragraph (5) of subsection (a) of  Section 11-501 of this 
    Code shall not be eligible to apply for a restricted 
    driving permit under this subparagraph (F). 
        A restricted driving permit issued under this 
    subparagraph (F) shall provide that the holder may only 
    operate motor vehicles equipped with an ignition interlock 
    device as required under  paragraph (2) of subsection (c) of 
    Section 6-205 of this Code and subparagraph (A) of 
    paragraph 3 of subsection (c) of this Section. The 
    Secretary may revoke a restricted driving permit or amend 
    the conditions of a restricted driving permit issued under 
    this subparagraph (F) if the holder operates a vehicle that 
    is not equipped with an ignition interlock device, or for 
    any other reason authorized under this Code. 
        A restricted driving permit issued under this 
    subparagraph (F) shall be revoked, and the holder barred 
    from applying for or being issued a restricted driving 
    permit in the future, if the holder is convicted of a 
    violation of Section 11-501 of this Code, a similar 
    provision of a local ordinance, or a similar offense in 
    another state. 
    (c-3) In the case of a suspension under paragraph 43 of 
subsection (a), reports received by the Secretary of State 
under this Section shall, except during the actual time the 
suspension is in effect, be privileged information and for use 
only by the courts, police officers, prosecuting authorities, 
the driver licensing administrator of any other state, the 
Secretary of State, or the parent or legal guardian of a driver 
under the age of 18.  However, beginning January 1, 2008, if the 
person is a CDL holder, the suspension shall also be made 
available to the driver licensing administrator of any other 
state, the U.S. Department of Transportation, and the affected 
driver or motor
carrier or prospective motor carrier upon 
request.

    (c-4) In the case of a suspension under paragraph 43 of 
subsection (a), the Secretary of State shall notify the person 
by mail that his or her driving privileges and driver's license 
will be suspended one month after the date of the mailing of 
the notice.

    (c-5) The Secretary of State may, as a condition of the 
reissuance of a
driver's license or permit to an applicant 
whose driver's license or permit has
been suspended before he 
or she reached the age of 21 years pursuant to any of
the 
provisions of this Section, require the applicant to 
participate in a
driver remedial education course and be 
retested under Section 6-109 of this
Code.

    (d) This Section is subject to the provisions of the 
Drivers License
Compact.

    (e) The Secretary of State shall not issue a restricted 
driving permit to
a person under the age of 16 years whose 
driving privileges have been suspended
or revoked under any 
provisions of this Code.

    (f) In accordance with 49 C.F.R. 384, the Secretary of 
State may not issue a restricted driving permit for the 
operation of a commercial motor vehicle to a person holding a 
CDL whose driving privileges have been suspended, revoked, 
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; 
99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; 
99-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
 

    (625 ILCS 5/12-610.2)

 
    (Text of Section before amendment by P.A. 100-858)
    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, 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.
    (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 was involved in a 
motor vehicle accident that results in great bodily harm, 
permanent disability, disfigurement, or death to another and 
the violation is was a proximate cause of the injury or death. 
    (c) A second or subsequent 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 responders, 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 
    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. 
    (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. 100-727, eff. 8-3-18; revised 10-15-18.)
 
    (Text of Section after amendment by P.A. 100-858)
  
    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, 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.
    (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 was involved in a 
motor vehicle accident that results in great bodily harm, 
permanent disability, disfigurement, or death to another and 
the violation is 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. 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 responders, 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 
    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. 
    (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. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; 
revised 10-15-18.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
 
    Section 99. Effective date. This Act takes effect July 1, 
2020.