95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0427

 

Introduced 2/7/2007, by Sen. Deanna Demuzio

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 25/3   from Ch. 95 1/2, par. 1103
625 ILCS 25/4   from Ch. 95 1/2, par. 1104
625 ILCS 25/4a   from Ch. 95 1/2, par. 1104a
625 ILCS 25/4b
625 ILCS 25/4c new
625 ILCS 25/6   from Ch. 95 1/2, par. 1106

    Amends the Child Passenger Protection Act. Provides that any person who drives a specified vehicle in which a child under the age of 8 years is a passenger is responsible for securing the child in an appropriate child restraint system, unless the child is 57 or more inches tall. Provides that any person over the age of 17 years who drives a specified vehicle in which a child under the age of 16 years is a passenger is responsible for securing the child in a seat belt or child restraint system. Provides that any person under the age of 18 years who drives a specified vehicle in which a child under the age of 19 years is a passenger shall secure the child in a seat belt or child restraint system. Provides that the parent or legal guardian of a child under the age of a eight years shall provide an appropriate child restraint system to any person who is going to drive a specified vehicle in which the child is going to be a passenger unless the child is 57 or more inches tall. Provides that a second or subsequent violation of the Act within 5 years of a previous violation is a Class C misdemeanor. Provides that a violation of the Act is an offense against traffic regulations governing the movement of vehicles.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 5. The Child Passenger Protection Act is amended by
5 changing Sections 3, 4, 4a, 4b, and 6 and by adding Section 4c
6 as follows:
 
7     (625 ILCS 25/3)  (from Ch. 95 1/2, par. 1103)
8     Sec. 3. Definitions. The terms "highway", "motor vehicle",
9 "noncommercial", "owner", "police officer", "recreational
10 vehicle", "roadway" and "street" as used in this Act, unless
11 the context otherwise requires, have the meaning ascribed to
12 them in The Illinois Vehicle Code, as now or hereafter amended.
13 For purposes of this Act, "child restraint system" means any
14 device which meets the standards of the United States
15 Department of Transportation designed to restrain, seat or
16 position children, which includes rear-facing infant seats,
17 forward-facing toddler seats, and booster seats approved by the
18 National Highway Transportation Agency. For purposes of this
19 Act, "specified vehicle" means a noncommercial motor vehicle of
20 the first division, a motor vehicle of the second division with
21 a gross vehicle weight rating of 9,000 pounds or less, or a
22 recreational vehicle. For the purpose of this Act, "specified
23 motor vehicle" does not include motorcycles, or motor vehicles

 

 

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1 manufactured prior to 1965, and motor vehicles which are not
2 required to be equipped with seat safety belts under federal
3 law.
4 (Source: P.A. 83-8.)
 
5     (625 ILCS 25/4)  (from Ch. 95 1/2, par. 1104)
6     Sec. 4. Any person who drives a specified vehicle on a
7 highway when a passenger in the vehicle is When any person is
8 transporting a child in this State under the age of 8 years in
9 a non-commercial motor vehicle of the first division, a motor
10 vehicle of the second division with a gross vehicle weight
11 rating of 9,000 pounds or less, or a recreational vehicle on
12 the roadways, streets or highways of this State, such person
13 shall properly secure the child be responsible for providing
14 for the protection of such child by properly securing him or
15 her in an appropriate child restraint system, unless such child
16 is 57 or more inches tall. The parent or legal guardian of a
17 child under the age of 8 years shall provide a child restraint
18 system to any person who transports his or her child. Any
19 person who transports the child of another shall not be in
20 violation of this Section unless a child restraint system was
21 provided by the parent or legal guardian but not used to
22 transport the child.
23     For purposes of this Section and Section 4b, "child
24 restraint system" means any device which meets the standards of
25 the United States Department of Transportation designed to

 

 

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1 restrain, seat or position children, which also includes a
2 booster seat.
3     A child weighing more than 40 pounds may be transported in
4 the back seat of a motor vehicle while wearing only a lap belt
5 if the back seat of the motor vehicle is not equipped with a
6 combination lap and shoulder belt.
7 (Source: P.A. 93-100, eff. 1-1-04.)
 
8     (625 ILCS 25/4a)  (from Ch. 95 1/2, par. 1104a)
9     Sec. 4a. Any person over the age of 17 years who drives a
10 specified vehicle on a highway when a passenger in the vehicle
11 is a child under the age of 16 years shall properly secure the
12 child in a seat belt, unless such child is required to be
13 secured in a child restraint system pursuant to Section 4 of
14 this Act. Every person, when transporting a child 8 years of
15 age or older but under the age of 16, as provided in Section 4
16 of this Act, shall be responsible for properly securing that
17 child in seat belts.
18 (Source: P.A. 92-171, eff. 1-1-02; 93-100, eff. 1-1-04.)
 
19     (625 ILCS 25/4b)
20     Sec. 4b. Children 8 years of age or older but under the age
21 of 19; seat belts. Any person under the age of 18 years who
22 drives a specified vehicle on a highway when a passenger in the
23 vehicle is a child under the age of 19 years in a specified
24 vehicle on a highway shall properly secure the child in a seat

 

 

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1 belt, unless such child is required to be secured in a child
2 restraint system pursuant to Section 4 of this Act. Every
3 person under the age of 18 years, when transporting a child 8
4 years of age or older but under the age of 19 years, as
5 provided in Section 4 of this Act, shall be responsible for
6 securing that child in a properly adjusted and fastened seat
7 safety belt or an appropriate child restraint system.
8 (Source: P.A. 93-100, eff. 1-1-04; 94-241, eff. 1-1-06.)
 
9     (625 ILCS 25/4c new)
10     Sec. 4c. The parent or legal guardian of a child under the
11 age of 8 years shall provide an appropriate child restraint
12 system to any person who is going to drive a specified vehicle
13 on a highway when his or her child is going to be a passenger in
14 the vehicle, unless such child is 57 or more inches tall.
 
15     (625 ILCS 25/6)  (from Ch. 95 1/2, par. 1106)
16     Sec. 6. Except as otherwise provided in this Section, a A
17 violation of this Act is a petty offense punishable by a fine
18 of not more than $50 waived upon proof of possession of an
19 approved child restraint system as defined under this Act. A
20 subsequent violation of this Act is a petty offense punishable
21 by a fine of not more than $100. A second or subsequent
22 violation within 5 years of a previous violation is a Class C
23 misdemeanor. For purposes of determining when the Secretary of
24 State is authorized to suspend or revoke the driving privileges

 

 

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1 of a person, the Secretary of State shall consider a conviction
2 for violating this Act an offense against traffic regulations
3 governing the movement of vehicles.
4 (Source: P.A. 92-173, eff. 1-1-02.)