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Illinois Compiled Statutes

625 ILCS 5/12-610.2 (2026)

Electronic communication devices

✓ current as of May 2026
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(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 hand-held wireless telephone, hand-held personal digital assistant, tablet, 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, including using an electronic communication device to watch or stream video, participate in any video conferencing application, including, but not limited to, Zoom, Microsoft Teams, or WebEx, or access any social media site, including, but not limited to, Facebook, Snapchat, Instagram, or Twitter. The exemptions in paragraphs (3) and (9) of subsection (d) do not apply when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site.
    (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 involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation is 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, 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. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; 103-310, eff. 1-1-24.)

    
Notes of Decisions
Cited in 13 cases (9 in the last 5 years), 2016–2026 · leading case: Potek v. City of Chicago, 2022 IL App (1st) 211286 (Ill. App. Ct. 2022).
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Potek v. City of Chicago, 2022 IL App (1st) 211286 (Ill. App. Ct. 2022). · cites it 4× “625 ILCS 5/12-610.2 (West 2010). In 2010, the legislature enacted a prohibition against operating a motor vehicle on a roadway while “using an electronic communication device to compose, send, or read an electronic message.”
Tamara Simic v. City of Chicago, 851 F.3d 734 (7th Cir. 2017). “625 ILCS 5/12-610.2 (prohibiting a person from operating “a motor vehicle on a roadway while using an electronic communication device”).”
People v. Delhaye, 2021 IL App (2d) 190271 (Ill. App. Ct. 2021). · cites it 4× “” 625 ILCS 5/12-610.2(b) (West 2016). The offense is elevated to aggravated unlawful use of an electronic communication device when the defendant “violates subsection (b) and in committing the violation he *** was involved in a motor vehicle accident that results in great bodily…”
United States v. Gregorio Paniagua-Garcia, 813 F.3d 1013 (7th Cir. 2016). “The contrast with Illinois, which has a “hands-free” law, 625 ILCS 5/12-610.2 (a driver is forbidden to use a cellphone with his hands, as distinct from using bluetooth or other technologies that enable the driver to communicate without manipulating his cellphone), is striking.”
Pekin Ins. Co. v. St. Paul Lutheran Church, 2016 IL App (4th) 150966 (Ill. App. Ct. 2017). · cites it 2× “2 of the Illinois Vehicle Code (625 ILCS 5/12-610.2 (West 2012)). Thorndyke was the one who had made the phone call to Geerdes, and when telephoning Geerdes, he knew Geerdes was driving.”
Pekin Ins. Co. v. St. Paul Lutheran Church, 2016 IL App (4th) 150966 (Ill. App. Ct. 2017). · cites it 2× “2 of the Illinois Vehicle Code (625 ILCS 5/12-610.2 (West 2012)). Thorndyke was the one who had made the phone call to Geerdes, and when telephoning Geerdes, he knew Geerdes was driving.”
People v. Delhaye, 2021 IL App (2d) 190271 (Ill. App. Ct. 2021). · cites it 4× “” 625 ILCS 5/12-610.2(b) (West 2016). The offense is elevated to aggravated unlawful use of an electronic communication device when the defendant “violates subsection (b) and in committing the violation he *** was involved in a motor vehicle accident that results in great bodily…”
People v. Buckley, 2022 IL App (1st) 191391-U (Ill. App. Ct. 2022). · cites it 7× “1-19-1391 ¶2 After a stipulated bench trial in the circuit court of Cook County, the defendant, Dometric Buckley, was found guilty of one count of armed habitual criminal (AHC) (720 ILCS 5/24-1.”
People v. Rodriguez, 2025 IL App (4th) 250108-U (Ill. App. Ct. 2025). “), and aggravated unlawful use of an electronic communication device, a Class 4 felony (625 ILCS 5/12-610.2(b-5) (West 2018)). The indictment alleged that defendant, while texting and driving, crashed into a car driven by Courtney Littell, causing Littell’s death.”
People v. Johnson, 2025 IL App (4th) 240818-U (Ill. App. Ct. 2025). · cites it 2× “Johnson, with two counts of reckless homicide (720 ILCS 5/9-3(a) (West 2022)) and two counts of aggravated unlawful use of an electronic communication device (625 ILCS 5/12-610.2(b-5) (West 2022)). After a bench trial, the trial court found defendant guilty of the charged…”
Potek v. City of Chicago, 2026 IL App (1st) 250158 (Ill. App. Ct. 2026). · cites it 2× “See 625 ILCS 5/12-610.2 (West 2010). In 2010, the legislature enacted a prohibition against operating a motor vehicle on a roadway while “using an electronic communication device to compose, send, or read an electronic message,” subject to certain exceptions not relevant to the…”
People v. Maslan, 2021 IL App (3d) 200025-U (Ill. App. Ct. 2021). “BACKGROUND ¶4 The State charged defendant by a superseding bill of indictment with two counts of aggravated driving while under the influence (625 ILCS 5/11-501(a)(1), (a)(2), (d)(1)(F), (d)(2)(G) (West 2016)), six counts of reckless homicide (720 ILCS 5/9-3(a), (d)(2) (West…”
Show all 13 citing cases →
— 625 ILCS 5/12-610.2(a) — 1 case
People v. Buckley, 2022 IL App (1st) 191391-U (Ill. App. Ct. 2022). “1-19-1391 ¶2 After a stipulated bench trial in the circuit court of Cook County, the defendant, Dometric Buckley, was found guilty of one count of armed habitual criminal (AHC) (720 ILCS 5/24-1.”
— 625 ILCS 5/12-610.2(b) — 4 cases
Potek v. City of Chicago, 2022 IL App (1st) 211286 (Ill. App. Ct. 2022). “625 ILCS 5/12-610.2 (West 2010). In 2010, the legislature enacted a prohibition against operating a motor vehicle on a roadway while “using an electronic communication device to compose, send, or read an electronic message.”
People v. Delhaye, 2021 IL App (2d) 190271 (Ill. App. Ct. 2021). “” 625 ILCS 5/12-610.2(b) (West 2016). The offense is elevated to aggravated unlawful use of an electronic communication device when the defendant “violates subsection (b) and in committing the violation he *** was involved in a motor vehicle accident that results in great bodily…”
People v. Delhaye, 2021 IL App (2d) 190271 (Ill. App. Ct. 2021). “” 625 ILCS 5/12-610.2(b) (West 2016). The offense is elevated to aggravated unlawful use of an electronic communication device when the defendant “violates subsection (b) and in committing the violation he *** was involved in a motor vehicle accident that results in great bodily…”
Potek v. City of Chicago, 2026 IL App (1st) 250158 (Ill. App. Ct. 2026). “See 625 ILCS 5/12-610.2 (West 2010). In 2010, the legislature enacted a prohibition against operating a motor vehicle on a roadway while “using an electronic communication device to compose, send, or read an electronic message,” subject to certain exceptions not relevant to the…”
— 625 ILCS 5/12-610.2(e) — 2 cases
People v. Delhaye, 2021 IL App (2d) 190271 (Ill. App. Ct. 2021). “” 625 ILCS 5/12-610.2(b) (West 2016). The offense is elevated to aggravated unlawful use of an electronic communication device when the defendant “violates subsection (b) and in committing the violation he *** was involved in a motor vehicle accident that results in great bodily…”
People v. Delhaye, 2021 IL App (2d) 190271 (Ill. App. Ct. 2021). “” 625 ILCS 5/12-610.2(b) (West 2016). The offense is elevated to aggravated unlawful use of an electronic communication device when the defendant “violates subsection (b) and in committing the violation he *** was involved in a motor vehicle accident that results in great bodily…”
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