CHAPTER 12 - EQUIPMENT OF VEHICLES
Also Known As: Texting While Driving, Cell Phone While Driving, Hands Free Law, Distracted Driving

625 ILCS 5/12-610.2

Sec. 12-610.2. Electronic communication devices.

Illinois Compiled Statute
625 ILCS 5/12-610.2
Offense Description
Improper use of electronic communication device
Offense Classification
Petty Offense
Statutory Penalties & Sentencing Scope
No incarceration authorized · Fine up to $1,000
Supreme Court Rule 551 Mandatory Court Appearance
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
SOS Administrative Action: Moving Violation (Point Assessment & Suspension Counter) · Conviction counts toward Illinois SOS license suspension threshold (3 convictions in 12 months for age 21+; 2 convictions in 24 months for under 21).
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 625 ILCS 5/12-610.2 (Improper use of electronic communication device) is classified as a Petty Offense. Statutory sentencing scope: No incarceration authorized · Fine up to $1,000. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Petty Offense

No incarceration authorized · Fine up to $1,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction SOS Administrative Action

Moving Violation (Point Assessment & Suspension Counter) · Conviction counts toward Illinois SOS license suspension threshold (3 convictions in 12 months for age 21+; 2 convictions in 24 months for under 21).

Classification Petty Offense
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 6622

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Improper use of electronic communication device Official ILGA · 625 ILCS 5/12-610.2 -> Petty Offense Release on Notice Release Eligible 6622 ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 12-610.2. Electronic communication devices.

(a)

(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)

(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)

(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)

(d) This Section does not apply to:

(1)

(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.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 625 ILCS 5/12-610.2 in Illinois?

Under Illinois law, 625 ILCS 5/12-610.2 (Improper use of electronic communication device) is classified as a Petty Offense.

Sentencing Scope: No incarceration authorized · Fine up to $1,000

Is a court appearance mandatory for 625 ILCS 5/12-610.2 under Illinois Supreme Court Rule 551?

No Mandatory Court Appearance (Pre-Set Bond / Notice to Appear): Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Is an individual accused of 625 ILCS 5/12-610.2 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 625 ILCS 5/12-610.2?

SOS Administrative Action: Moving Violation (Point Assessment & Suspension Counter) · Conviction counts toward Illinois SOS license suspension threshold (3 convictions in 12 months for age 21+; 2 convictions in 24 months for under 21).

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 625 ILCS 5/12-610.2 (West 2026)
The Bluebook Style (21st ed.) 625 Ill. Comp. Stat. 5/12-610.2 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/625-ilcs-5-12-610.2
Cross-Referenced ILCS Codes