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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 
5Sections 6-206 and 12-610.2 as follows:


6 (625 ILCS 5/6-206)



7 Sec. 6-206. Discretionary authority to suspend or revoke 
8license or
permit; right to a hearing.

9 (a) The Secretary of State is authorized to suspend or 
10revoke the
driving privileges of any person without preliminary 
11hearing upon a showing
of the person's records or other 
12sufficient evidence that
the person:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25  14. Has committed a violation of Section 6-301, 
26 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or 
 
 
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1 14B of the Illinois Identification Card
Act;

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

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

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

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

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

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

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

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

24  22. Has used a motor vehicle in violating paragraph 
25 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
26 the Criminal Code of 1961 or the Criminal Code of 2012 
 
 
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1 relating
to unlawful use of weapons, in which case the 
2 suspension shall be for one
year;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4  44.
Is under the age of 21 years at the time of arrest 
5 and has been convicted of an offense against traffic 
6 regulations governing the movement of vehicles after 
7 having previously had his or her driving privileges

8 suspended or revoked pursuant to subparagraph 36 of this 
9 Section;
10  45.
Has, in connection with or during the course of a 
11 formal hearing conducted under Section 2-118 of this Code: 
12 (i) committed perjury; (ii) submitted fraudulent or 
13 falsified documents; (iii) submitted documents that have 
14 been materially altered; or (iv) submitted, as his or her 
15 own, documents that were in fact prepared or composed for 
16 another person;
17  46. Has committed a violation of subsection (j) of 
18 Section 3-413 of this Code;

19  47. Has committed a violation of Section 11-502.1 of 
20 this Code; or 
21  48. Has submitted a falsified or altered medical 
22 examiner's certificate to the Secretary of State or 
23 provided false information to obtain a medical examiner's 
24 certificate; or . 
25  49. Has committed a violation of subsection (b-5) of 
26 Section 12-610.2 that resulted in great bodily harm, 
 
 
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1 permanent disability, or disfigurement, in which case the 
2 driving privileges shall be suspended for 12 months. 
3 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
4and 27 of this
subsection, license means any driver's license, 
5any traffic ticket issued when
the person's driver's license is 
6deposited in lieu of bail, a suspension
notice issued by the 
7Secretary of State, a duplicate or corrected driver's
license, 
8a probationary driver's license or a temporary driver's 
9license.
10 (b) If any conviction forming the basis of a suspension or

11revocation authorized under this Section is appealed, the

12Secretary of State may rescind or withhold the entry of the 
13order of suspension
or revocation, as the case may be, provided 
14that a certified copy of a stay
order of a court is filed with 
15the Secretary of State. If the conviction is
affirmed on 
16appeal, the date of the conviction shall relate back to the 
17time
the original judgment of conviction was entered and the 6 
18month limitation
prescribed shall not apply.


19 (c) 1. Upon suspending or revoking the driver's license or 
20permit of
any person as authorized in this Section, the 
21Secretary of State shall
immediately notify the person in 
22writing of the revocation or suspension.
The notice to be 
23deposited in the United States mail, postage prepaid,
to the 
24last known address of the person.

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

26of a person under subsection 2 of paragraph (a) of this 
 
 
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1Section, a
person's privilege to operate a vehicle as an 
2occupation shall not be
suspended, provided an affidavit is 
3properly completed, the appropriate fee
received, and a permit 
4issued prior to the effective date of the
suspension, unless 5 
5offenses were committed, at least 2 of which occurred
while 
6operating a commercial vehicle in connection with the driver's

7regular occupation. All other driving privileges shall be 
8suspended by the
Secretary of State. Any driver prior to 
9operating a vehicle for
occupational purposes only must submit 
10the affidavit on forms to be
provided by the Secretary of State 
11setting forth the facts of the person's
occupation. The 
12affidavit shall also state the number of offenses
committed 
13while operating a vehicle in connection with the driver's 
14regular
occupation. The affidavit shall be accompanied by the 
15driver's license.
Upon receipt of a properly completed 
16affidavit, the Secretary of State
shall issue the driver a 
17permit to operate a vehicle in connection with the
driver's 
18regular occupation only. Unless the permit is issued by the

19Secretary of State prior to the date of suspension, the 
20privilege to drive
any motor vehicle shall be suspended as set 
21forth in the notice that was
mailed under this Section. If an 
22affidavit is received subsequent to the
effective date of this 
23suspension, a permit may be issued for the remainder
of the 
24suspension period.

25 The provisions of this subparagraph shall not apply to any 
26driver
required to possess a CDL for the purpose of operating a 
 
 
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1commercial motor vehicle.

2 Any person who falsely states any fact in the affidavit 
3required
herein shall be guilty of perjury under Section 6-302 
4and upon conviction
thereof shall have all driving privileges 
5revoked without further rights.

6 3. At the conclusion of a hearing under Section 2-118 of 
7this Code,
the Secretary of State shall either rescind or 
8continue an order of
revocation or shall substitute an order of 
9suspension; or, good
cause appearing therefor, rescind, 
10continue, change, or extend the
order of suspension. If the 
11Secretary of State does not rescind the order,
the Secretary 
12may upon application,
to relieve undue hardship (as defined by 
13the rules of the Secretary of State), issue
a restricted 
14driving permit granting the privilege of driving a motor

15vehicle between the petitioner's residence and petitioner's 
16place of
employment or within the scope of the petitioner's 
17employment related duties, or to
allow the petitioner to 
18transport himself or herself, or a family member of the

19petitioner's household to a medical facility, to receive 
20necessary medical care, to allow the petitioner to transport 
21himself or herself to and from alcohol or drug
remedial or 
22rehabilitative activity recommended by a licensed service 
23provider, or to allow the petitioner to transport himself or 
24herself or a family member of the petitioner's household to 
25classes, as a student, at an accredited educational 
26institution, or to allow the petitioner to transport children, 
 
 
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1elderly persons, or persons with disabilities who do not hold 
2driving privileges and are living in the petitioner's household 
3to and from daycare. The
petitioner must demonstrate that no 
4alternative means of
transportation is reasonably available 
5and that the petitioner will not endanger
the public safety or 
6welfare.

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

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

22 11-501 of this Code or a similar provision of a local 
23 ordinance or a similar
out-of-state offense or Section 
24 9-3 of the Criminal Code of 1961 or the Criminal Code 
25 of 2012, where the use of alcohol or other drugs is 
26 recited as an element of the offense, or a similar 
 
 
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1 out-of-state offense; or
2   (ii) a statutory summary suspension or revocation 
3 under Section
11-501.1; or
4   (iii) a suspension under Section 6-203.1; 
5 arising out of
separate occurrences; that person, if issued 
6 a restricted driving permit, may
not operate a vehicle 
7 unless it has been
equipped with an ignition interlock 
8 device as defined in Section 1-129.1.
9  (B-5) If a person's license or permit is revoked or 
10 suspended due to a conviction for a violation of 
11 subparagraph (C) or (F) of paragraph (1) of subsection (d) 
12 of Section 11-501 of this Code, or a similar provision of a 
13 local ordinance or similar out-of-state offense, that 
14 person, if issued a restricted driving permit, may not 
15 operate a vehicle unless it has been equipped with an 
16 ignition interlock device as defined in Section 1-129.1. 
17  (C)
The person issued a permit conditioned upon the use 
18 of an ignition interlock device must pay to the Secretary 
19 of State DUI Administration Fund an amount
not to exceed 
20 $30 per month. The Secretary shall establish by rule the 
21 amount
and the procedures, terms, and conditions relating 
22 to these fees.
23  (D) If the
restricted driving permit is issued for 
24 employment purposes, then the prohibition against 
25 operating a motor vehicle that is not equipped with an 
26 ignition interlock device does not apply to the operation 
 
 
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1 of an occupational vehicle owned or
leased by that person's 
2 employer when used solely for employment purposes. For any 
3 person who, within a 5-year period, is convicted of a 
4 second or subsequent offense under Section 11-501 of this 
5 Code, or a similar provision of a local ordinance or 
6 similar out-of-state offense, this employment exemption 
7 does not apply until either a one-year period has elapsed 
8 during which that person had his or her driving privileges 
9 revoked or a one-year period has elapsed during which that 
10 person had a restricted driving permit which required the 
11 use of an ignition interlock device on every motor vehicle 
12 owned or operated by that person.
13  (E) In each case the Secretary may issue a
restricted 
14 driving permit for a period deemed appropriate, except that 
15 all
permits shall expire no later than 2 years from the 
16 date of issuance. A
restricted driving permit issued under 
17 this Section shall be subject to
cancellation, revocation, 
18 and suspension by the Secretary of State in like
manner and 
19 for like cause as a driver's license issued under this Code 
20 may be
cancelled, revoked, or suspended; except that a 
21 conviction upon one or more
offenses against laws or 
22 ordinances regulating the movement of traffic
shall be 
23 deemed sufficient cause for the revocation, suspension, or

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

5  (F) A person subject to the provisions of paragraph 4 
6 of subsection (b) of Section 6-208 of this Code may make 
7 application for a restricted driving permit at a hearing 
8 conducted under Section 2-118 of this Code after the 
9 expiration of 5 years from the effective date of the most 
10 recent revocation or after 5 years from the date of release 
11 from a period of imprisonment resulting from a conviction 
12 of the most recent offense, whichever is later, provided 
13 the person, in addition to all other requirements of the 
14 Secretary, shows by clear and convincing evidence: 
15   (i) a minimum of 3 years of uninterrupted 
16 abstinence from alcohol and the unlawful use or 
17 consumption of cannabis under the Cannabis Control 
18 Act, a controlled substance under the Illinois 
19 Controlled Substances Act, an intoxicating compound 
20 under the Use of Intoxicating Compounds Act, or 
21 methamphetamine under the Methamphetamine Control and 
22 Community Protection Act; and
23   (ii) the successful completion of any 
24 rehabilitative treatment and involvement in any 
25 ongoing rehabilitative activity that may be 
26 recommended by a properly licensed service provider 
 
 
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1 according to an assessment of the person's alcohol or 
2 drug use under Section 11-501.01 of this Code. 
3  In determining whether an applicant is eligible for a 
4 restricted driving permit under this subparagraph (F), the 
5 Secretary may consider any relevant evidence, including, 
6 but not limited to, testimony, affidavits, records, and the 
7 results of regular alcohol or drug tests. Persons subject 
8 to the provisions of paragraph 4 of subsection (b) of 
9 Section 6-208 of this Code and who have been convicted of 
10 more than one violation of paragraph (3), paragraph (4), or 
11 paragraph (5) of subsection (a) of Section 11-501 of this 
12 Code shall not be eligible to apply for a restricted 
13 driving permit under this subparagraph (F). 
14  A restricted driving permit issued under this 
15 subparagraph (F) shall provide that the holder may only 
16 operate motor vehicles equipped with an ignition interlock 
17 device as required under paragraph (2) of subsection (c) of 
18 Section 6-205 of this Code and subparagraph (A) of 
19 paragraph 3 of subsection (c) of this Section. The 
20 Secretary may revoke a restricted driving permit or amend 
21 the conditions of a restricted driving permit issued under 
22 this subparagraph (F) if the holder operates a vehicle that 
23 is not equipped with an ignition interlock device, or for 
24 any other reason authorized under this Code. 
25  A restricted driving permit issued under this 
26 subparagraph (F) shall be revoked, and the holder barred 
 
 
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1 from applying for or being issued a restricted driving 
2 permit in the future, if the holder is convicted of a 
3 violation of Section 11-501 of this Code, a similar 
4 provision of a local ordinance, or a similar offense in 
5 another state. 
6 (c-3) In the case of a suspension under paragraph 43 of 
7subsection (a), reports received by the Secretary of State 
8under this Section shall, except during the actual time the 
9suspension is in effect, be privileged information and for use 
10only by the courts, police officers, prosecuting authorities, 
11the driver licensing administrator of any other state, the 
12Secretary of State, or the parent or legal guardian of a driver 
13under the age of 18. However, beginning January 1, 2008, if the 
14person is a CDL holder, the suspension shall also be made 
15available to the driver licensing administrator of any other 
16state, the U.S. Department of Transportation, and the affected 
17driver or motor
carrier or prospective motor carrier upon 
18request.

19 (c-4) In the case of a suspension under paragraph 43 of 
20subsection (a), the Secretary of State shall notify the person 
21by mail that his or her driving privileges and driver's license 
22will be suspended one month after the date of the mailing of 
23the notice.

24 (c-5) The Secretary of State may, as a condition of the 
25reissuance of a
driver's license or permit to an applicant 
26whose driver's license or permit has
been suspended before he 
 
 
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1or she reached the age of 21 years pursuant to any of
the 
2provisions of this Section, require the applicant to 
3participate in a
driver remedial education course and be 
4retested under Section 6-109 of this
Code.

5 (d) This Section is subject to the provisions of the 
6Drivers License
Compact.

7 (e) The Secretary of State shall not issue a restricted 
8driving permit to
a person under the age of 16 years whose 
9driving privileges have been suspended
or revoked under any 
10provisions of this Code.

11 (f) In accordance with 49 C.F.R. 384, the Secretary of 
12State may not issue a restricted driving permit for the 
13operation of a commercial motor vehicle to a person holding a 
14CDL whose driving privileges have been suspended, revoked, 
15cancelled, or disqualified under any provisions of this Code.
16(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; 
1799-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; 
1899-642, eff. 7-28-16; 100-803, eff. 1-1-19.)



19 (625 ILCS 5/12-610.2)


20 (Text of Section before amendment by P.A. 100-858)
21 Sec. 12-610.2. Electronic communication devices.
22 (a) As used in this Section:
23 "Electronic communication device" means an electronic 
24device, including, but not limited to, a hand-held wireless 
25telephone, hand-held personal digital assistant, or a portable 
 
 
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1or mobile computer, but does not include a global positioning 
2system or navigation system or a device that is physically or 
3electronically integrated into the motor vehicle.
4 (b) A person may not operate a motor vehicle on a roadway 
5while using an electronic communication device.
6 (b-5) A person commits aggravated use of an electronic 
7communication device when he or she violates subsection (b) and 
8in committing the violation he or she is was involved in a 
9motor vehicle accident that results in great bodily harm, 
10permanent disability, disfigurement, or death to another and 
11the violation is was a proximate cause of the injury or death. 
12 (c) A second or subsequent violation of this Section is an 
13offense against traffic regulations governing the movement of 
14vehicles. A person who violates this Section shall be fined a 
15maximum of $75 for a first offense, $100 for a second offense, 
16$125 for a third offense, and $150 for a fourth or subsequent 
17offense, except that a person who violates subsection (b-5) 
18shall be assessed a minimum fine of $1,000.
19 (d) This Section does not apply to:
20  (1) a law enforcement officer or operator of an 
21 emergency vehicle while performing his or her official 
22 duties;
23  (1.5) a first responder, including a volunteer first 
24 responder responders, while operating his or her own 
25 personal motor vehicle using an electronic communication 
26 device for the sole purpose of receiving information about 
 
 
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1 an emergency situation while en route to performing his or 
2 her official duties; 
3  (2) a driver using an electronic communication device 
4 for the sole purpose of reporting an emergency situation 
5 and continued communication with emergency personnel 
6 during the emergency situation;
7  (3) a driver using an electronic communication device 
8 in hands-free or voice-operated mode, which may include the 
9 use of a headset;
10  (4) a driver of a commercial motor vehicle reading a 
11 message displayed on a permanently installed communication 
12 device designed for a commercial motor vehicle with a 
13 screen that does not exceed 10 inches tall by 10 inches 
14 wide in size; 
15  (5) a driver using an electronic communication device 
16 while parked on the shoulder of a roadway;
17  (6) a driver using an electronic communication device 
18 when the vehicle is stopped due to normal traffic being 
19 obstructed and the driver has the motor vehicle 
20 transmission in neutral or park;

21  (7) a driver using two-way or citizens band radio 
22 services; 
23  (8) a driver using two-way mobile radio transmitters or 
24 receivers for licensees of the Federal Communications 
25 Commission in the amateur radio service; 
26  (9) a driver using an electronic communication device 
 
 
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1 by pressing a single button to initiate or terminate a 
2 voice communication; or 
3  (10) a driver using an electronic communication device 
4 capable of performing multiple functions, other than a 
5 hand-held wireless telephone or hand-held personal digital 
6 assistant (for example, a fleet management system, 
7 dispatching device, citizens band radio, or music player) 
8 for a purpose that is not otherwise prohibited by this 
9 Section. 
10 (e) A person convicted of violating subsection (b-5) 
11commits a Class A misdemeanor if the violation resulted in 
12great bodily harm, permanent disability, or disfigurement to 
13another. A person convicted of violating subsection (b-5) 
14commits a Class 4 felony if the violation resulted in the death 
15of another person. 
16(Source: P.A. 100-727, eff. 8-3-18; revised 10-15-18.)

17 (Text of Section after amendment by P.A. 100-858)

18 Sec. 12-610.2. Electronic communication devices.
19 (a) As used in this Section:
20 "Electronic communication device" means an electronic 
21device, including, but not limited to, a hand-held wireless 
22telephone, hand-held personal digital assistant, or a portable 
23or mobile computer, but does not include a global positioning 
24system or navigation system or a device that is physically or 
25electronically integrated into the motor vehicle.
 
 
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1 (b) A person may not operate a motor vehicle on a roadway 
2while using an electronic communication device.
3 (b-5) A person commits aggravated use of an electronic 
4communication device when he or she violates subsection (b) and 
5in committing the violation he or she is was involved in a 
6motor vehicle accident that results in great bodily harm, 
7permanent disability, disfigurement, or death to another and 
8the violation is was a proximate cause of the injury or death. 
9 (c) A violation of this Section is an offense against 
10traffic regulations governing the movement of vehicles. A 
11person who violates this Section shall be fined a maximum of 
12$75 for a first offense, $100 for a second offense, $125 for a 
13third offense, and $150 for a fourth or subsequent offense, 
14except that a person who violates subsection (b-5) shall be 
15assessed a minimum fine of $1,000. 
16 (d) This Section does not apply to:
17  (1) a law enforcement officer or operator of an 
18 emergency vehicle while performing his or her official 
19 duties;
20  (1.5) a first responder, including a volunteer first 
21 responder responders, while operating his or her own 
22 personal motor vehicle using an electronic communication 
23 device for the sole purpose of receiving information about 
24 an emergency situation while en route to performing his or 
25 her official duties; 
26  (2) a driver using an electronic communication device 
 
 
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1 for the sole purpose of reporting an emergency situation 
2 and continued communication with emergency personnel 
3 during the emergency situation;
4  (3) a driver using an electronic communication device 
5 in hands-free or voice-operated mode, which may include the 
6 use of a headset;
7  (4) a driver of a commercial motor vehicle reading a 
8 message displayed on a permanently installed communication 
9 device designed for a commercial motor vehicle with a 
10 screen that does not exceed 10 inches tall by 10 inches 
11 wide in size; 
12  (5) a driver using an electronic communication device 
13 while parked on the shoulder of a roadway;
14  (6) a driver using an electronic communication device 
15 when the vehicle is stopped due to normal traffic being 
16 obstructed and the driver has the motor vehicle 
17 transmission in neutral or park;

18  (7) a driver using two-way or citizens band radio 
19 services; 
20  (8) a driver using two-way mobile radio transmitters or 
21 receivers for licensees of the Federal Communications 
22 Commission in the amateur radio service; 
23  (9) a driver using an electronic communication device 
24 by pressing a single button to initiate or terminate a 
25 voice communication; or 
26  (10) a driver using an electronic communication device 
 
 
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1 capable of performing multiple functions, other than a 
2 hand-held wireless telephone or hand-held personal digital 
3 assistant (for example, a fleet management system, 
4 dispatching device, citizens band radio, or music player) 
5 for a purpose that is not otherwise prohibited by this 
6 Section. 
7 (e) A person convicted of violating subsection (b-5) 
8commits a Class A misdemeanor if the violation resulted in 
9great bodily harm, permanent disability, or disfigurement to 
10another. A person convicted of violating subsection (b-5) 
11commits a Class 4 felony if the violation resulted in the death 
12of another person. 
13(Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; 
14revised 10-15-18.)

15 Section 95. No acceleration or delay. Where this Act makes 
16changes in a statute that is represented in this Act by text 
17that is not yet or no longer in effect (for example, a Section 
18represented by multiple versions), the use of that text does 
19not accelerate or delay the taking effect of (i) the changes 
20made by this Act or (ii) provisions derived from any other 
21Public Act.


22 Section 99. Effective date. This Act takes effect July 1, 
232020.