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| Public Act 097-0828 | ||||
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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: | ||||
(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 | ||||
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) | ||
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.) | ||
(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 | ||
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 | ||
transmission in neutral or park.
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(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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