102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4849
 
Introduced 1/27/2022, by Rep. Jawaharial Williams
 
SYNOPSIS AS INTRODUCED:
 

 
  
625 ILCS 5/11-1433 new
725 ILCS 5/108-1  from Ch. 38, par. 108-1

     Amends the Illinois Vehicle Code. Provides that a person shall not hold an animal in the person's lap while operating a motor vehicle. Provides that a person who holds an animal in the person's lap while operating a motor vehicle is guilty of a petty offense and is subject to a fine of $50. Provides that a law enforcement officer shall not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because the driver holds an animal on the lap or is suspected of doing so. Makes corresponding changes in the Illinois Criminal Code.
  


LRB102 25446 RAM 34732 b

 
 
A BILL FOR
 

  
HB4849LRB102 25446 RAM 34732 b


  
1    AN ACT concerning transportation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Vehicle Code is amended  by adding 
5Section 11-1433 as follows:
 
6    (625 ILCS 5/11-1433 new)
7    Sec. 11-1433. Animals in driver's lap.
8    (a)   A person shall not hold an animal in the person's lap 
9while operating a motor vehicle. This Section does not apply 
10to the following motor vehicles as defined by this Code:
11        (1)   commercial motor vehicles;
12        (2)   farm tractors;
13        (3)   implements of husbandry; and
14        (4)   farm to market agricultural transportation 
15    vehicles.
16    (b)   A person who violates this Section is guilty of a petty 
17offense and subject to a fine of $50.
18    (c)   A law enforcement officer shall not search or inspect 
19a motor vehicle, its contents, the driver, or a passenger 
20solely because of a violation or suspected violation of this 
21Section.
 
22    Section 10. The Code of Criminal Procedure of 1963 is 
 
 
HB4849- 2 -LRB102 25446 RAM 34732 b

1amended  by changing Section 108-1 as follows:
 



2    (725 ILCS 5/108-1)  (from Ch. 38, par. 108-1)



3    Sec. 108-1. Search without warrant. 

4    (1) When a lawful arrest is effected a peace officer may 
5reasonably search
the person arrested and the area
within such 
6person's immediate presence for the purpose of:


7        (a) protecting the officer from attack; or


8        (b) preventing the person from escaping; or


9        (c) discovering the fruits of the crime; or


10        (d) discovering any instruments, articles, or things 
11    which may have been
used in the commission of, or which may 
12    constitute evidence of, an offense.

13    (2) (Blank).

14    (3) A law enforcement officer may not search or inspect a 
15motor vehicle,
its contents, the driver, or a passenger solely 
16because of a violation of
Section 12-603.1 of the Illinois 
17Vehicle Code.

18    (4)   A law enforcement officer may not search a motor 
19vehicle, its contents, the driver, or a passenger solely 
20because of a violation or suspected violation of Section 
2111-1433 of the Illinois Vehicle Code. 
22(Source: P.A. 93-99, eff. 7-3-03.)