Amend the Committee Report, as and if amended, page [459-4], by striking lines 13-31, and inserting:
/ (E) A law enforcement officer shall not:
(1) stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using a wireless electronic communication device while operating a motor vehicle on the public streets and highways of this State or when the officer has probable cause that a violation has occurred based on a person's admission that the person was using a wireless electronic communication device while operating a motor vehicle on the public streets and highways of this State;
(2) search, seize, or require the forfeiture of a wireless electronic communication device because of a violation of this section;
(3) initiate a search or request to search a motor vehicle, driver, or passenger in a motor vehicle based solely on a violation of this section. However, nothing in this item must be construed as prohibiting a search or request to search a motor vehicle, driver, or passenger in a motor vehicle based upon evidence unrelated to a violation of this section; or
(4) make a custodial arrest for a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. /
Renumber sections to conform.
Amend title to conform.