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Illinois House Bill HB2431

Illinois 2023-2024 Regular Session

Illinois House Bill HB2431 Compare Versions

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1-Public Act 103-0310
21 HB2431 EnrolledLRB103 29905 MXP 56317 b HB2431 Enrolled LRB103 29905 MXP 56317 b
32 HB2431 Enrolled LRB103 29905 MXP 56317 b
4-AN ACT concerning transportation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Vehicle Code is amended by
8-changing Section 12-610.2 as follows:
9-(625 ILCS 5/12-610.2)
10-(Text of Section before amendment by P.A. 102-982)
11-Sec. 12-610.2. Electronic communication devices.
12-(a) As used in this Section:
13-"Electronic communication device" means an electronic
14-device, including, but not limited to, a hand-held wireless
15-telephone, hand-held personal digital assistant, tablet, or a
16-portable or mobile computer, but does not include a global
17-positioning system or navigation system or a device that is
18-physically or electronically integrated into the motor
19-vehicle.
20-(b) A person may not operate a motor vehicle on a roadway
21-while using an electronic communication device, including
22-using an electronic communication device to watch or stream
23-video, participate in any video conferencing application,
24-including, but not limited to, Zoom, Microsoft Teams, or
25-WebEx, or access any social media site, including, but not
26-limited to, Facebook, Snapchat, Instagram, or Twitter. The
3+1 AN ACT concerning transportation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Vehicle Code is amended by
7+5 changing Section 12-610.2 as follows:
8+6 (625 ILCS 5/12-610.2)
9+7 (Text of Section before amendment by P.A. 102-982)
10+8 Sec. 12-610.2. Electronic communication devices.
11+9 (a) As used in this Section:
12+10 "Electronic communication device" means an electronic
13+11 device, including, but not limited to, a hand-held wireless
14+12 telephone, hand-held personal digital assistant, tablet, or a
15+13 portable or mobile computer, but does not include a global
16+14 positioning system or navigation system or a device that is
17+15 physically or electronically integrated into the motor
18+16 vehicle.
19+17 (b) A person may not operate a motor vehicle on a roadway
20+18 while using an electronic communication device, including
21+19 using an electronic communication device to watch or stream
22+20 video, participate in any video conferencing application,
23+21 including, but not limited to, Zoom, Microsoft Teams, or
24+22 WebEx, or access any social media site, including, but not
25+23 limited to, Facebook, Snapchat, Instagram, or Twitter. The
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33-exemptions in paragraphs (3) and (9) of subsection (d) do not
34-apply when a person is using the electronic communication
35-device to watch or stream video, participate in any video
36-conferencing application, or access any social media site.
37-(b-5) A person commits aggravated use of an electronic
38-communication device when he or she violates subsection (b)
39-and in committing the violation he or she is involved in a
40-motor vehicle accident that results in great bodily harm,
41-permanent disability, disfigurement, or death to another and
42-the violation is a proximate cause of the injury or death.
43-(c) A violation of this Section is an offense against
44-traffic regulations governing the movement of vehicles. A
45-person who violates this Section shall be fined a maximum of
46-$75 for a first offense, $100 for a second offense, $125 for a
47-third offense, and $150 for a fourth or subsequent offense,
48-except that a person who violates subsection (b-5) shall be
49-assessed a minimum fine of $1,000.
50-(d) This Section does not apply to:
51-(1) a law enforcement officer or operator of an
52-emergency vehicle while performing his or her official
53-duties;
54-(1.5) a first responder, including a volunteer first
55-responder, while operating his or her own personal motor
56-vehicle using an electronic communication device for the
57-sole purpose of receiving information about an emergency
58-situation while en route to performing his or her official
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33+ HB2431 Enrolled - 2 - LRB103 29905 MXP 56317 b
34+1 exemptions in paragraphs (3) and (9) of subsection (d) do not
35+2 apply when a person is using the electronic communication
36+3 device to watch or stream video, participate in any video
37+4 conferencing application, or access any social media site.
38+5 (b-5) A person commits aggravated use of an electronic
39+6 communication device when he or she violates subsection (b)
40+7 and in committing the violation he or she is involved in a
41+8 motor vehicle accident that results in great bodily harm,
42+9 permanent disability, disfigurement, or death to another and
43+10 the violation is a proximate cause of the injury or death.
44+11 (c) A violation of this Section is an offense against
45+12 traffic regulations governing the movement of vehicles. A
46+13 person who violates this Section shall be fined a maximum of
47+14 $75 for a first offense, $100 for a second offense, $125 for a
48+15 third offense, and $150 for a fourth or subsequent offense,
49+16 except that a person who violates subsection (b-5) shall be
50+17 assessed a minimum fine of $1,000.
51+18 (d) This Section does not apply to:
52+19 (1) a law enforcement officer or operator of an
53+20 emergency vehicle while performing his or her official
54+21 duties;
55+22 (1.5) a first responder, including a volunteer first
56+23 responder, while operating his or her own personal motor
57+24 vehicle using an electronic communication device for the
58+25 sole purpose of receiving information about an emergency
59+26 situation while en route to performing his or her official
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61-duties;
62-(2) a driver using an electronic communication device
63-for the sole purpose of reporting an emergency situation
64-and continued communication with emergency personnel
65-during the emergency situation;
66-(3) a driver using an electronic communication device
67-in hands-free or voice-operated mode, which may include
68-the use of a headset;
69-(4) a driver of a commercial motor vehicle reading a
70-message displayed on a permanently installed communication
71-device designed for a commercial motor vehicle with a
72-screen that does not exceed 10 inches tall by 10 inches
73-wide in size;
74-(5) a driver using an electronic communication device
75-while parked on the shoulder of a roadway;
76-(6) a driver using an electronic communication device
77-when the vehicle is stopped due to normal traffic being
78-obstructed and the driver has the motor vehicle
79-transmission in neutral or park;
80-(7) a driver using two-way or citizens band radio
81-services;
82-(8) a driver using two-way mobile radio transmitters
83-or receivers for licensees of the Federal Communications
84-Commission in the amateur radio service;
85-(9) a driver using an electronic communication device
86-by pressing a single button to initiate or terminate a
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89-voice communication; or
90-(10) a driver using an electronic communication device
91-capable of performing multiple functions, other than a
92-hand-held wireless telephone or hand-held personal digital
93-assistant (for example, a fleet management system,
94-dispatching device, citizens band radio, or music player)
95-for a purpose that is not otherwise prohibited by this
96-Section.
97-(e) A person convicted of violating subsection (b-5)
98-commits a Class A misdemeanor if the violation resulted in
99-great bodily harm, permanent disability, or disfigurement to
100-another. A person convicted of violating subsection (b-5)
101-commits a Class 4 felony if the violation resulted in the death
102-of another person.
103-(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
104-101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
105-(Text of Section after amendment by P.A. 102-982)
106-Sec. 12-610.2. Electronic communication devices.
107-(a) As used in this Section:
108-"Electronic communication device" means an electronic
109-device, including, but not limited to, a hand-held wireless
110-telephone, hand-held personal digital assistant, tablet, or a
111-portable or mobile computer, but does not include a global
112-positioning system or navigation system or a device that is
113-physically or electronically integrated into the motor
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116-vehicle.
117-(b) A person may not operate a motor vehicle on a roadway
118-while using an electronic communication device, including
119-using an electronic communication device to watch or stream
120-video, participate in any video conferencing application,
121-including, but not limited to, Zoom, Microsoft Teams, or
122-WebEx, or access any social media site, including, but not
123-limited to, Facebook, Snapchat, Instagram, or Twitter. The
124-exemptions in paragraphs (3) and (9) of subsection (d) do not
125-apply when a person is using the electronic communication
126-device to watch or stream video, participate in any video
127-conferencing application, or access any social media site.
128-(b-5) A person commits aggravated use of an electronic
129-communication device when he or she violates subsection (b)
130-and in committing the violation he or she is involved in a
131-motor vehicle crash that results in great bodily harm,
132-permanent disability, disfigurement, or death to another and
133-the violation is a proximate cause of the injury or death.
134-(c) A violation of this Section is an offense against
135-traffic regulations governing the movement of vehicles. A
136-person who violates this Section shall be fined a maximum of
137-$75 for a first offense, $100 for a second offense, $125 for a
138-third offense, and $150 for a fourth or subsequent offense,
139-except that a person who violates subsection (b-5) shall be
140-assessed a minimum fine of $1,000.
141-(d) This Section does not apply to:
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70+1 duties;
71+2 (2) a driver using an electronic communication device
72+3 for the sole purpose of reporting an emergency situation
73+4 and continued communication with emergency personnel
74+5 during the emergency situation;
75+6 (3) a driver using an electronic communication device
76+7 in hands-free or voice-operated mode, which may include
77+8 the use of a headset;
78+9 (4) a driver of a commercial motor vehicle reading a
79+10 message displayed on a permanently installed communication
80+11 device designed for a commercial motor vehicle with a
81+12 screen that does not exceed 10 inches tall by 10 inches
82+13 wide in size;
83+14 (5) a driver using an electronic communication device
84+15 while parked on the shoulder of a roadway;
85+16 (6) a driver using an electronic communication device
86+17 when the vehicle is stopped due to normal traffic being
87+18 obstructed and the driver has the motor vehicle
88+19 transmission in neutral or park;
89+20 (7) a driver using two-way or citizens band radio
90+21 services;
91+22 (8) a driver using two-way mobile radio transmitters
92+23 or receivers for licensees of the Federal Communications
93+24 Commission in the amateur radio service;
94+25 (9) a driver using an electronic communication device
95+26 by pressing a single button to initiate or terminate a
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144-(1) a law enforcement officer or operator of an
145-emergency vehicle while performing his or her official
146-duties;
147-(1.5) a first responder, including a volunteer first
148-responder, while operating his or her own personal motor
149-vehicle using an electronic communication device for the
150-sole purpose of receiving information about an emergency
151-situation while en route to performing his or her official
152-duties;
153-(2) a driver using an electronic communication device
154-for the sole purpose of reporting an emergency situation
155-and continued communication with emergency personnel
156-during the emergency situation;
157-(3) a driver using an electronic communication device
158-in hands-free or voice-operated mode, which may include
159-the use of a headset;
160-(4) a driver of a commercial motor vehicle reading a
161-message displayed on a permanently installed communication
162-device designed for a commercial motor vehicle with a
163-screen that does not exceed 10 inches tall by 10 inches
164-wide in size;
165-(5) a driver using an electronic communication device
166-while parked on the shoulder of a roadway;
167-(6) a driver using an electronic communication device
168-when the vehicle is stopped due to normal traffic being
169-obstructed and the driver has the motor vehicle
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172-transmission in neutral or park;
173-(7) a driver using two-way or citizens band radio
174-services;
175-(8) a driver using two-way mobile radio transmitters
176-or receivers for licensees of the Federal Communications
177-Commission in the amateur radio service;
178-(9) a driver using an electronic communication device
179-by pressing a single button to initiate or terminate a
180-voice communication; or
181-(10) a driver using an electronic communication device
182-capable of performing multiple functions, other than a
183-hand-held wireless telephone or hand-held personal digital
184-assistant (for example, a fleet management system,
185-dispatching device, citizens band radio, or music player)
186-for a purpose that is not otherwise prohibited by this
187-Section.
188-(e) A person convicted of violating subsection (b-5)
189-commits a Class A misdemeanor if the violation resulted in
190-great bodily harm, permanent disability, or disfigurement to
191-another. A person convicted of violating subsection (b-5)
192-commits a Class 4 felony if the violation resulted in the death
193-of another person.
194-(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
195-101-297, eff. 1-1-20; 102-558, eff. 8-20-21; 102-982, eff.
196-7-1-23.)
100+
101+ HB2431 Enrolled - 3 - LRB103 29905 MXP 56317 b
197102
198103
199-Section 95. No acceleration or delay. Where this Act makes
200-changes in a statute that is represented in this Act by text
201-that is not yet or no longer in effect (for example, a Section
202-represented by multiple versions), the use of that text does
203-not accelerate or delay the taking effect of (i) the changes
204-made by this Act or (ii) provisions derived from any other
205-Public Act.
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106+1 voice communication; or
107+2 (10) a driver using an electronic communication device
108+3 capable of performing multiple functions, other than a
109+4 hand-held wireless telephone or hand-held personal digital
110+5 assistant (for example, a fleet management system,
111+6 dispatching device, citizens band radio, or music player)
112+7 for a purpose that is not otherwise prohibited by this
113+8 Section.
114+9 (e) A person convicted of violating subsection (b-5)
115+10 commits a Class A misdemeanor if the violation resulted in
116+11 great bodily harm, permanent disability, or disfigurement to
117+12 another. A person convicted of violating subsection (b-5)
118+13 commits a Class 4 felony if the violation resulted in the death
119+14 of another person.
120+15 (Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
121+16 101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
122+17 (Text of Section after amendment by P.A. 102-982)
123+18 Sec. 12-610.2. Electronic communication devices.
124+19 (a) As used in this Section:
125+20 "Electronic communication device" means an electronic
126+21 device, including, but not limited to, a hand-held wireless
127+22 telephone, hand-held personal digital assistant, tablet, or a
128+23 portable or mobile computer, but does not include a global
129+24 positioning system or navigation system or a device that is
130+25 physically or electronically integrated into the motor
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141+1 vehicle.
142+2 (b) A person may not operate a motor vehicle on a roadway
143+3 while using an electronic communication device, including
144+4 using an electronic communication device to watch or stream
145+5 video, participate in any video conferencing application,
146+6 including, but not limited to, Zoom, Microsoft Teams, or
147+7 WebEx, or access any social media site, including, but not
148+8 limited to, Facebook, Snapchat, Instagram, or Twitter. The
149+9 exemptions in paragraphs (3) and (9) of subsection (d) do not
150+10 apply when a person is using the electronic communication
151+11 device to watch or stream video, participate in any video
152+12 conferencing application, or access any social media site.
153+13 (b-5) A person commits aggravated use of an electronic
154+14 communication device when he or she violates subsection (b)
155+15 and in committing the violation he or she is involved in a
156+16 motor vehicle crash that results in great bodily harm,
157+17 permanent disability, disfigurement, or death to another and
158+18 the violation is a proximate cause of the injury or death.
159+19 (c) A violation of this Section is an offense against
160+20 traffic regulations governing the movement of vehicles. A
161+21 person who violates this Section shall be fined a maximum of
162+22 $75 for a first offense, $100 for a second offense, $125 for a
163+23 third offense, and $150 for a fourth or subsequent offense,
164+24 except that a person who violates subsection (b-5) shall be
165+25 assessed a minimum fine of $1,000.
166+26 (d) This Section does not apply to:
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177+1 (1) a law enforcement officer or operator of an
178+2 emergency vehicle while performing his or her official
179+3 duties;
180+4 (1.5) a first responder, including a volunteer first
181+5 responder, while operating his or her own personal motor
182+6 vehicle using an electronic communication device for the
183+7 sole purpose of receiving information about an emergency
184+8 situation while en route to performing his or her official
185+9 duties;
186+10 (2) a driver using an electronic communication device
187+11 for the sole purpose of reporting an emergency situation
188+12 and continued communication with emergency personnel
189+13 during the emergency situation;
190+14 (3) a driver using an electronic communication device
191+15 in hands-free or voice-operated mode, which may include
192+16 the use of a headset;
193+17 (4) a driver of a commercial motor vehicle reading a
194+18 message displayed on a permanently installed communication
195+19 device designed for a commercial motor vehicle with a
196+20 screen that does not exceed 10 inches tall by 10 inches
197+21 wide in size;
198+22 (5) a driver using an electronic communication device
199+23 while parked on the shoulder of a roadway;
200+24 (6) a driver using an electronic communication device
201+25 when the vehicle is stopped due to normal traffic being
202+26 obstructed and the driver has the motor vehicle
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213+1 transmission in neutral or park;
214+2 (7) a driver using two-way or citizens band radio
215+3 services;
216+4 (8) a driver using two-way mobile radio transmitters
217+5 or receivers for licensees of the Federal Communications
218+6 Commission in the amateur radio service;
219+7 (9) a driver using an electronic communication device
220+8 by pressing a single button to initiate or terminate a
221+9 voice communication; or
222+10 (10) a driver using an electronic communication device
223+11 capable of performing multiple functions, other than a
224+12 hand-held wireless telephone or hand-held personal digital
225+13 assistant (for example, a fleet management system,
226+14 dispatching device, citizens band radio, or music player)
227+15 for a purpose that is not otherwise prohibited by this
228+16 Section.
229+17 (e) A person convicted of violating subsection (b-5)
230+18 commits a Class A misdemeanor if the violation resulted in
231+19 great bodily harm, permanent disability, or disfigurement to
232+20 another. A person convicted of violating subsection (b-5)
233+21 commits a Class 4 felony if the violation resulted in the death
234+22 of another person.
235+23 (Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
236+24 101-297, eff. 1-1-20; 102-558, eff. 8-20-21; 102-982, eff.
237+25 7-1-23.)
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247+ HB2431 Enrolled - 8 - LRB103 29905 MXP 56317 b
248+1 Section 95. No acceleration or delay. Where this Act makes
249+2 changes in a statute that is represented in this Act by text
250+3 that is not yet or no longer in effect (for example, a Section
251+4 represented by multiple versions), the use of that text does
252+5 not accelerate or delay the taking effect of (i) the changes
253+6 made by this Act or (ii) provisions derived from any other
254+7 Public Act.
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