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Illinois General Assembly - Full Text of SB2791

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Full Text of SB2791

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SB2791 - 104th General Assembly

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Introduced

Senate Amendment 001

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Introduced

Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2791

Introduced 1/13/2026, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

625 ILCS 5/12-610.2

Amends the Illinois Vehicle Code. Provides that using an electronic
communication device includes recording a video, holding a device in one's
hand or lap, composing, sending, or reading any text-based communication,
or browsing the Internet. Provides that a person is presumed to be in use
of an electronic communication device while driving if the electronic
communication device is observed in the person's hand while the vehicle is
in motion or stopped in traffic. Changes the penalties for the use of an
electronic communication device while driving to: for a first offense, a
fine not to exceed $250 (instead of $75); for a second offense, a fine not
to exceed $500 (instead of $100) and the person must complete a Distracted
Driving Safety Course; and for a third or subsequent offense, a fine not to
exceed $750 (instead of $125) and a suspension of the person's driver's
license for a period of not less than 3 months and not more than 6 months.
Includes exceptions for a public transit or commercial driver using a
digital dispatch device within the scope of employment and a driver using
the phone for a brief, specific purpose while the vehicle is fully and
completely stopped at a red light, as long as the purpose is achieved and
the electronic communication device use ceases before the light turns
green. Requires that the exception for a driver using an electronic
communication device in hands-free or voice-operated mode must be 18 or
older. Authorizes a municipality to establish an automated distracted
driving enforcement program. Provides for the implementation of a
distracted driving awareness campaign. Makes other changes. Effective
January 1, 2027.
LRB104 16650 LNS 30054 b

A BILL FOR

SB2791
LRB104 16650 LNS 30054 b
1

AN ACT concerning transportation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Findings and purpose.
The General Assembly
5
finds that the use of hand-held electronic communication
6
devices by drivers has led to preventable crashes, injuries,
7
and deaths. The purpose of this Act is to enhance public safety
8
by expanding current policies concerning hand-held electronic
9
communication device use, increasing penalties, and promoting
10
education to end distracted driving.

11

Section 5.
The Illinois Vehicle Code is amended by
12
changing Section 12-610.2 as follows:

13

(625 ILCS 5/12-610.2)
14

Sec. 12-610.2.
Electronic communication devices.
15

(a) As used in this Section:
16

"Electronic communication device" means an electronic
17
device
capable of text messaging, emailing, Internet browsing,
18
or voice communication
, including, but not limited to, a
19
hand-held wireless telephone, hand-held personal digital
20
assistant, tablet, or a portable or mobile computer
.
21
"Electronic communication device"

, but
does not include a
22
global positioning system or navigation system
,

or
a device

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LRB104 16650 LNS 30054 b
1
that is physically or electronically integrated into the motor
2
vehicle
, or an electronic feature preinstalled in the vehicle
3
itself, such as a touch screen or CarPlay
.
4

"Emergency" means a situation where there is an immediate,
5
imminent risk to health or safety, requiring communication
6
with law enforcement, medical, or emergency services.
7

"Hands-free mode" means the use of an electronic
8
communication device without the use of either hand, except to
9
activate or deactivate a function with a single touch, and
10
with the device mounted or resting in a fixed location.
11

"Operating a motor vehicle" means driving or being in
12
actual physical control of a motor vehicle on a public road,
13
including times when the vehicle is temporarily stationary due
14
to traffic, a traffic control device, or other momentary
15
delays. "Operating a motor vehicle" does not include a vehicle
16
stopped at a red light, so long as the use of the electronic
17
device does not exceed the amount of time that the light is
18
red.

19

(b) A person may not operate a motor vehicle on a roadway
20
while
manually
using an electronic communication device,
21
including using an electronic communication device to watch
,
22
record,
or stream video, participate in any video conferencing
23
application, including, but not limited to, Zoom, Microsoft
24
Teams, or WebEx,
or
access any social media site, including,
25
but not limited to, Facebook, Snapchat, Instagram, or Twitter
,
26
holding a device in one's hand or lap, composing, sending, or

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LRB104 16650 LNS 30054 b
1
reading any text-based communication, or browsing the
2
Internet
. The exemptions in paragraphs (3) and (9) of
3
subsection (d) do not apply when a person is using the
4
electronic communication device to watch
, record,
or stream
5
video, participate in any video conferencing application, or
6
access any social media site.
7

A driver is presumed to be in violation of this subsection
8
if the electronic communication device is observed in the
9
person's hand while the vehicle is in motion or stopped in
10
traffic.

11

(b-5) A person commits aggravated use of an electronic
12
communication device when he or she violates subsection (b)
13
and in committing the violation he or she is involved in a
14
motor vehicle crash that results in great bodily harm,
15
permanent disability, disfigurement, or death to another and
16
the violation is a proximate cause of the injury or death.
17

(c) A violation of this Section is an offense against
18
traffic regulations governing the movement of vehicles. A
19
person who violates this Section shall be fined a maximum of
20
$75 for a first offense, $100 for a second offense, $125 for a
21
third offense, and $150 for a fourth or subsequent offense,
22
except that a
person who violates subsection (b-5) shall be
23
assessed a minimum fine of $1,000.
A person who violates
24
subsection (b) commits a petty offense with the following
25
penalties:

26

(1) For a first offense, a fine not to exceed $250. The

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LRB104 16650 LNS 30054 b
1

offense shall be recorded as a moving violation and
2

reported to the Secretary of State.
3

(2) For a second offense within 12 months of a first
4

offense, a fine not to exceed $500. The person shall be
5

required to complete an approved Distracted Driving Safety
6

Course at the person's own cost. Failure to complete the
7

course within 90 days shall result in a suspension of the
8

person's driver's license until the course is complete.
9

(3) For a third or subsequent offense within 12 months
10

of a first offense, a fine not to exceed $750. The
11

Secretary of State shall also suspend the driver's license
12

of the person for a period of not less than 3 months and
13

not more than 6 months.

14

(d) This Section does not apply to:
15

(1) a law enforcement officer or operator of an
16

emergency vehicle while performing his or her official
17

duties;
18

(1.5) a first responder, including a volunteer first
19

responder, while operating his or her own personal motor
20

vehicle using an electronic communication device for the
21

sole purpose of receiving information about an emergency
22

situation while en route to performing his or her official
23

duties;
24

(1.7) a public transit or commercial driver using a
25

digital dispatch device within the scope of employment;

26

(2) a driver using an electronic communication device

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LRB104 16650 LNS 30054 b
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
who is 18 or older
using an electronic
5

communication device in hands-free or voice-operated mode,
6

which may include the use of a headset
, such as using a
7

speakerphone or Bluetooth, listening to music or podcasts,
8

or using a global positioning system or other digital map
;
9

(4) a driver of a commercial motor vehicle reading a
10

message displayed on a permanently installed communication
11

device designed for a commercial motor vehicle with a
12

screen that does not exceed 10 inches tall by 10 inches
13

wide in size;
14

(5) a driver using an electronic communication device
15

while parked on the shoulder of a roadway;
16

(6) a driver using an electronic communication device
17

when the vehicle is stopped due to normal traffic being
18

obstructed and the driver has the motor vehicle
19

transmission in neutral or park;
20

(6.5) a driver using the phone for a brief, specific
21

purpose while the vehicle is fully and completely stopped
22

at a red light, as long as the purpose is achieved and the
23

electronic communication device use ceases before the
24

light turns green;

25

(7) a driver using two-way or citizens band radio
26

services;

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1

(8) a driver using two-way mobile radio transmitters
2

or receivers for licensees of the Federal Communications
3

Commission in the amateur radio service;
4

(9) a driver using an electronic communication device
5

by pressing a single button to initiate or terminate a
6

voice communication; or
7

(10) a driver using an electronic communication device
8

capable of performing multiple functions, other than a
9

hand-held wireless telephone or hand-held personal digital
10

assistant (for example, a fleet management system,
11

dispatching device, citizens band radio, or music player)
12

for a purpose that is not otherwise prohibited by this
13

Section.
14

These exceptions shall be narrowly construed and the
15
burden of proof shall be on the driver to show that an
16
exception applies.

17

(e) A person convicted of violating subsection (b-5)
18
commits a Class A misdemeanor if the violation resulted in
19
great bodily harm, permanent disability, or disfigurement to
20
another. A person convicted of violating subsection (b-5)
21
commits a Class 4 felony if the violation resulted in the death
22
of another person.
23

(f) This Section shall be enforced by State and local law
24
enforcement agencies. A police officer who observes a
25
violation may stop and issue a citation to the driver. In
26
addition, a municipality is authorized to establish an

SB2791
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LRB104 16650 LNS 30054 b
1
automated distracted driving enforcement program as follows:
2

(1) A municipality, in coordination with the
3

Department of Transportation and Illinois State Police,
4

may deploy automated traffic cameras or devices to detect
5

and record violations of this Section. The automated
6

traffic cameras or devices may be mounted on toll plazas,
7

overpasses, police vehicles, or other fixed locations and
8

shall capture photographic or video evidence of the
9

offense, such as images of the driver holding a phone
10

while looking away from the road.
11

(2) Within 30 days of a violation, the registered
12

owner of the vehicle shall be mailed a citation, including
13

the images and details of the offense. The citation shall
14

carry the same fine and record consequences as a standard
15

violation. The owner may contest the citation pursuant to
16

procedures set by the municipality, including by showing
17

that the owner was not driving, that the owner is subject
18

to an exemption, or that no violation occurred.
19

(3) Photos or videos obtained through a program shall
20

be used exclusively for enforcing this Section and shall
21

not be retained longer than 90 days if no violation is
22

recorded. All images of vehicle occupants not relevant to
23

the offense shall be pixelated or obscured to protect
24

privacy. All photos and videos obtained through a program
25

shall be reviewed by a trained law enforcement officer
26

prior to citation issuance to ensure accuracy and minimize

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1

wrongful citations due to technological or artificial
2

intelligence error.
3

(4) The local law enforcement agency shall oversee a
4

program, and an annual report shall be provided to the
5

municipality detailing the number of citations issued, the
6

locations of cameras, and any measurable impact on crash
7

rates.
8

Nothing in this subsection prohibits State-authorized
9
automated enforcement as provided by future State law. A
10
program shall become operative only upon confirmation that it
11
does not conflict with State law or upon the enactment of
12
enabling legislation by the General Assembly.
13

(g) The Department of Transportation and the Secretary of
14
State, in coordination with municipalities and other
15
stakeholders, shall implement a distracted driving awareness
16
campaign. Elements of the campaign shall include:
17

(1) The posting of signs on major roadways notifying
18

drivers of the provisions of this Section and the
19

penalties for violation of this Section.
20

(2) Outreach to driver education programs and schools
21

to incorporate distracted driving material in their
22

instruction and exams.
23

(3) Public service announcements via local media,
24

social media, and other channels to inform the public
25

about the dangers of distracted driving and the new
26

enforcement efforts.

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LRB104 16650 LNS 30054 b
1

(4) Partnerships with law enforcement to publicize
2

periods of heightened enforcement, such as a "distracted
3

driving crackdown week".
4

The campaign shall continue at least through the first
5
year following the effective date of this amendatory Act of
6
the 104th General Assembly, with periodic reinforcement
7
thereafter pending data demonstrating the campaign's
8
effectiveness, such as any measurable decrease in distracted
9
driving violations over the preceding year.

10
(Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23;
11
103-310, eff. 1-1-24
.)

12

Section 99.
Effective date.
This Act takes effect January
13
1, 2027.

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